IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.3961 of 2011 1. Kanwal Prasad Baroe 2. Narayan Singh Gautam …Petitioners Versus 1. The Union of India through the Ministry of Home Affairs, New Delhi 2. The D.G. of Central Industrial Security Force, New Delhi. 3. D.I.G. CISF, Eastern Zone, Patna 4. D.I.G./A.P.S., , CISF, Western Zone, Mumbai …Respondents ----------- 04. 03.08.2011 Petitioners are aggrieved by order dated 04.10.2010, whereby the grant of first benefit under the Assured Career Progression(ACP) scheme was shifted to the anterior date after cancelling the order by which they were granted the said benefit with effect 01.08.2004. A counter affidavit has been filed on behalf of the respondents. Learned counsel for the respondents drawing attention of the Court to the averments made in paragraphs 6,7,8,9,14 and 19, submits that procedure for grant of promotion has to be followed while granting the benefit under the said scheme. In paragraph 19, the respondents have stated as under: “That the statement made in para 9 of the writ petition under reply it is stated that in this contests, it is stated that the petitioner was due for Ist ACP in the existing scheme wef. 13.08.2000 being an appointee in CISF on 13.08.1988. The petitioner was accordingly granted Ist ACP wef. 13.08.2000 as per Commandant, CISF Unit KSTPP Korba Service Order Part-I No.04/2001 dated 30.01.2001 subject to qualify in PCC. The petitioner failed in Drill and 9mm Pistol firing, as such, the petitioner subsequently detailed for supplementary tests and qualified. The result of PCC was issued by the Dy. Inspector General, CISF UNIT, RSP Rourkela vide their Service Order Part-II No.343/2004 2 dated 28.08.2004 and accordingly, the petitioner has been allowed 1st ACP wef. 28.08.2004 which is within order and fair. Availing of 04th chance to qualify PCC does not meant to up-hold the earlier grant of ACP if the government servant not qualified PCC so detailed, hence denied.” In that view of the matter, this Court does not find any illegality in the order by which the grant of ACP in favour of the petitioners was cancelled and they were allowed the said benefit with effect from 28.04.2004. The application is devoid of merit which is dismissed. hr ( Kishore K. Mandal )