MD. NURJAHAN ALI vs UNION OF INDIA & ANR

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 11437/2017 MD. NURJAHAN ALI .....Petitioner Through: Dr. Surender Singh Hooda, Adv. versus UNION OF INDIA & ANR .....Respondents Through: Mr. Vivek Goyal, CGSPC with Mr. Gokul Sharma, Adv. for UOI. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 19.03.2025 AJAY DIGPAUL, J. 1. The relevant facts that emerged from the pleadings are as follows: Md. Nurjahan Ali/the petitioner was enrolled as a Constable in the Border Security Force1 on 02.01.1981. Over the course of his service, he was promoted to the rank of Lance Naik in 1991 and subsequently to the rank of Naik in 1994. 2. In the year 1997, a policy decision resulted in the merger of the ranks of Lance Naik with Constable and Naik with Head Constable. Accordingly, the petitioner’s designation evolved, and on 10.10.1997, Signature Not Verified Signed By:MEENU W.P.(C) 11437/2017 Page 1 of 5 KALRA Signing Date:22.03.2025 13:13:06 he was promoted to the rank of Head Constable. Throughout his service, the petitioner claims to have discharged his duties diligently and without any adverse remarks on his record. 3. The dispute in the present case originates from the petitioner’s claim for financial upgradation under the Assured Career Progression2 Scheme, introduced by the Government of India through O.M. No. 35034/1/97-Estt(D) dated 09.08.1999. The scheme sought to provide financial relief to employees who had served long tenures without promotional opportunities, ensuring two financial upgradations; one upon completion of 12 years of service and another upon completion of 24 years. 4. By virtue of this scheme, the petitioner became eligible for his second financial upgradation on 02.01.2005, upon completing 24 years of service