1. Heard learned counsel for the petitioner, learned Standing counsel appearing for the respondents no. 1 to 2 and Sri Ambika Prasad, learned counsel appearing for the respondents no. 3 to 6.
2. With the consent of learned counsels for the contesting parties, the instant writ petition is finally decided.
3. The petitioner being aggrieved with the order dated 06.07.2019, a copy of which is annexure 1 to the petition by which the Corporation has indicated that the ACP benefits cannot be released to the petitioner till a clarification is received from the Government as well as being aggrieved with the order dated 17.10.2017, a copy of which is annexure 2 to the writ petition by which the respondents-Corporation has directed for keeping the ACP benefits in abeyance till the State Government gives its clarification for grant of ACP benefits is before this Court.
4. Learned counsel for the petitioner contends that the petitioner was due the benefit of Assured Career Progression Scheme in terms of various orders that have been issued by the Corporation but through an order dated 17.10.2017, a copy of which is annexure 2 to the writ petition, the respondents-Corporation finding some ambiguity have referred the matter to the State Government by which the grant of said ACP benefits have been kept in abeyance till receipt of a clarification from the Government.
5. Learned counsel for the petitioner contends another employee of the respondents-Corporation being aggrieved with the order dated 17.10.2017 and order dated 10.11.2017 by which the respondents-Corporation has refused to release the arrears of ACP placing reliance on the order dated 17.10.2017, filed Writ Petition No. 5817 (Writ A) of 2018 Inre; Mohan Singh Vs. State of U.P and 3 Ors before the Allahabad High Court.
6. This Court at Allahabad after considering the circumstances of the case quashed the order dated 10.11.2017 by which the claim of the petitioner therein had been rejected and the respondents were directed to release all the ACP benefits which were payable to the petitioner if there is no other legal impediment. It is also directed that release of benefits shall not be restrained merely on account of some alleged order of restraint which was passed in the year 2017. It is contended that once the order of rejection passed by the respondents-Corporation placing reliance on the restraint order dated 17.10.2017 has already been set aside by this Court at Allahabad, consequently there cannot now be any impediment in the respondent-Corporation granting the said benefits to the petitioner herein by placing reliance on the order dated 17.10.2017.
7. On the other hand, Sri Ambika Prasad, learned counsel appearing for the respondents submits that after the rules were issued for grant of the ACP benefits, the Bureau of Public Enterprises had issued an order dated 16.03.2015, a copy of which is annexure 8 to the writ petition in which certain ambiguities were noticed in the scheme of the Corporation and consequently the matter had been referred to the Government for a clarification through the letter dated 17.10.2017 and till such time, a clarification was received, the grant of ACP benefits had been kept in abeyance. It is submitted that even if the order dated 17.10.2017 is to be set aside by this Court, the respondents would only be liable to grant the benefit of ACP in terms of the guidelines governing the ACP and the petitioner might not get the benefits to which he is fully entitled.
8. Be that as it may, the fact of the matter remains that the order of rejection in the case of one Sri Mohan Singh has already been set aside by this Court in which the respondent-Corporation had placed reliance on the order dated 17.10.2017 by which the benefit of the ACP scheme had been kept in abeyance till receipt of clarification from the Government. In this view of the matter, now there cannot be any impediment for grant of the ACP benefits to the petitioner as per the scheme governing the ACP benefits to the employees of the Corporation.
9. Accordingly, taking into consideration the judgment of this Court in the case of Mohan Singh (supra) and the rejection order being based on the order dated 17.10.2017 having been set aside by this Court at Allahabad, the present petition is partly allowed. The order of rejection dated 06.07.2019, a copy of which is annexure 1 to the writ petition is set aside. The respondents are directed to consider and release all ACP benefits as payable to the petitioner if there is no other legal impediment. In case, the eligibility of the petitioner is disputed by the respondents, an appropriate decision in that respect shall be taken within a period of six weeks from today and duly communicated to the petitioner. It is also provided that the release of the benefits shall not be restrained merely on account of the alleged restraint order dated 17.10.2017.
10. As regards the relief claimed by the petitioner for sanctioning of the third ACP from 01.12.2008 and to pay actual benefits on 01.12.2008, it would be open for the petitioner to submit a detailed comprehensive representation in this regard to the respondents-Corporation within a period of two weeks from today. In case, such a representation is made, the competent authority shall proceed to decide the said representation in accordance with law and the relevant rules and regulation within a further period of three months from the date of receipt of a certified copy of this order.
Order Date :- 27.9.2019 Pachhere/-