JUDGMENT : Sujit Narayan Prasad, J. The instant intra-court appeal preferred under Clause-10 of Letters Patent is directed against the order/judgment dated 07.10.2021 passed by the learned Single Judge of this Court in W.P.(S) No.4933 of 2014, whereby and whereunder, the order dated 05.12.2013 passed by the respondent no.2, by which, the writ petitioner’s claim for grant of 2nd ACP in the scale of Rs.14,300-18,300/- was rejected, has been refused to be interfered with by dismissing the writ petition. 2. The brief facts of the case which are required to be enumerated reads as under : The writ petitioner was appointed as Assistant Registrar on 11.08.1978 and retired from service on attaining the age of superannuation w.e.f. 01.03.2008 from the post of Deputy Registrar. The writ petitioner claimed that he has completed 12 years of service on 11.08.1990 and 24 years of service on 11.08.2002 and as such, he became entitled for 1st upgradation in pay scale under the Assured Career Progression (ACP) Scheme w.e.f. 09.08.1999 in the scale of Rs.12,000-16,500/-and 2nd ACP w.e.f. 11.08.2002 in the next higher scale of Rs.14,300-18,300/-. It is the case of the writ petitioner that he has moved before the Patna High Court by filing the writ petition being CWJC No.13339 of 2004 for issuance of direction for promotion to the post of Senior Selection Grade. The aforesaid writ petition was disposed of with a direction to the respondent authorities to decide the issue in accordance with law. Pursuant to the aforesaid order passed by the Patna High Court, the respondent authorities vide order dated 14.12.2006, has allowed the promotion in Senior Selection Grade in the scale of Rs.3700-5000/-with replacement scale of Rs.12000-16500/-w.e.f. 01.12.1992. It is the contention of the writ petitioner that scheme of grant of Selection Grade has been abolished w.e.f. 01.01.1996 vide Finance Department Resolution No.660 dated 08.02.1999 and as per the Scheme pertaining to Assured Career Progression Scheme dated 14.08.2002 and subsequent amendment having been notified on 23.03.2006, implemented w.e.f. 09.08.1999, by which, Rule 3(1) has been added, whereby, it has been mentioned that any benefit granted under Selection Grade prior to 01.01.1996 cannot be considered to be benefit granted under ACP. The writ petitioner, therefore, has claimed himself entitled for 1st as well as 2nd ACP w.e.f. 09.08.1999 and 11.08.2002 respectively, in the next higher scale of Rs.14300-18300/-. The writ petitioner, therefore, has claimed himself entitled for 1st as well as 2nd ACP w.e.f. 09.08.1999 and 11.08.2002 respectively, in the next higher scale of Rs.14300-18300/-. The aforesaid grievance having not been redressed, therefore, the writ petitioner had preferred writ petition being W.P.(S) No.4933 of 2014 taking the ground that after abolition of the scheme of Time Bound Promotion/Selection Grade on acceptance of recommendation of 5th Pay Revision Committee, the writ petitioner was entitled for grant of upgradation under the Assured Career Progression Scheme but the same has not been extended, therefore, a direction has been sought for from this Court upon the respondents to grant writ petitioner the benefit of upgradation (both) under the Assured Career Progression Scheme. While on the other hand, State has taken the plea by taking aid of one notification being notification no.3641 dated 14.12.2006 issued by the Co-operative Department, Erstwhile State of Bihar, in compliance to the order passed in CWJC No.13339 of 2004, the writ petitioner was granted higher pay scale of Rs.3700-5000/-for the period from 01.12.1992 to 31.12.1995. Further, ground has been taken by making reference of order, as contained in memo no.660 dated 08.02.1999 of the Finance Department of the Erstwhile State of Bihar, whereby, the provision of benefit of higher pay scale of the post of Senior Selection Grade has been withdrawn. According to the State, since the benefit of higher pay scale was granted to the writ petitioner for a limited period from 01.12.1992 to 31.12.1995 to the pay scale of Rs.3700-5000/-and after the order of the Finance Department, Bihar, Patna, the said benefit of higher pay scale granted to the writ petitioner automatically came to an end. It was the further contention of the respondent State of Jharkhand that the Finance Department, State of Jharkhand has taken a decision vide letter no.437 dated 15.02.2006, by which, the pay scale fixed for the persons employed under the Co-operative Department, the pay scale of Assistant Registrar, Co-operative Department was Rs.3,000-4,500/-being unrevised pay scale and salary under revised pay scale was Rs.10000-15200/-. Therefore, contention was raised that the writ petitioner, herein, has already been granted benefit of the revised pay scale of Rs.10000-15200/-by the notification of the Co-operative Department, Bihar, Patna vide notification no.2136 dated 31.07.2002 w.e.f. 01.01.1996 and as such, the writ petitioner has been granted the benefit of revised scale for the post which he was holding i.e., Assistant Registrar, Cooperative w.e.f. 01.01.1996 i.e., much prior to letter no.437 dated 15.02.2006. Further, contention was raised that after completion of 24 years of service, the writ petitioner vide office order no.178 dated 27.01.2011, was granted benefit of 2nd ACP w.e.f. 11.08.2002 in the revised pay scale of Rs.12000-16500/-. The State, therefore, in the backdrop of the aforesaid fact has contested the case of the writ petitioner, since, he was granted promotion from the post of Assistant Registrar to the post of Deputy Registrar and as such, he was not entitled for 1st ACP as also not entitled for 2nd ACP, which was granted to him in the scale of Joint Registrar (Rs.12000-16500/-) and since, the writ petitioner did not complete 30 years of service and has superannuated prior to it, as such, he was not entitled for upgradation in pay scale under Modified Assured Career Progression Scheme (MACP). The learned Single Judge, after appreciating the aforesaid argument advanced on behalf of the parties, has dismissed the writ petition on the ground that the writ petitioner was already promoted as Deputy Registrar from the post of Assistant Registrar and as such, he was not entitled for upgradation in the pay scale under the Assured Career Progression Scheme and further, since he was not completed 30 years of service, he was not entitled for 3rd upgradation in pay scale under the Modified Assured Career Progression Scheme, which is the subject matter of the present intra-court appeal. 3. Mrs. Sheela Prasad, learned counsel appearing for the appellant writ petitioner, has submitted that the learned Single Judge has failed to appreciate the difference in between the replacement scale which was granted in favour of the writ petitioner by virtue of revision in pay scale vis-à-vis the principle of grant of upgradation in pay scale either under the Assured Career Progression Scheme or under the Modified Assured Career Progression Scheme. The learned Single Judge by not appreciating the difference in between the two and merely on account of the fact that the writ petitioner was granted benefit of revision in pay scale by virtue of adoption of the recommendation of the Pay Revision Committee, has denied the upgradation in pay scale, therefore, the impugned order suffers from patent illegality and as such, the same is not sustainable in the eye of law. She has further been contended by questioning the order passed by the learned Single Judge that the writ petitioner, although, was granted the benefit of upgradation in pay scale under the Time Bound Promotion Scheme by granting promotion as Senior Selection Grade but the same having been recalled by virtue of Government circular as contained in memo no.660 dated 08.02.1999 on or after 31.12.1995 and thereafter, the State of Jharkhand has come out with notification in the year, 2006, notified on 23.03.2006, whereby, it has been mentioned that any benefit granted under Selection Grade prior to 01.01.1996, has not been considered under the Assured Career Progression Scheme and as such, the benefit granted under the Selection Grade in course of its subsistence period, the same having been recalled by virtue of circular no.660 dated 08.02.1999 and after coming into effect of benefit of Assured Career Progression Scheme vide resolution no.5207 dated 14.08.2002, the writ petitioner appellant, become entitled for grant of upgradation in pay scale after completion of 12 years and 24 years of service, so far as it relates to 1st and 2nd upgradation in pay scale, respectively as also by virtue of replacement of Assured Career Progression Scheme which was notified on 01.09.2009 and implemented w.e.f. 01.09.2008, whereby and whereunder, the provision of three upgradation has been provided to be made in favour of the employees concerned in order to avoid stagnation on completion of 10/20/30 years of service and since the writ petitioner has completed 30 years of service, as such, he became entitled for benefit of 3rd upgradation in pay scale. But, the learned Single Judge without appreciating theses aspects of the matter, since, has dismissed the claim of the writ petitioner, hence, the same is not sustainable in the eye of law and as such, the same may be quashed and set aside. 4. Per contra, Mr. But, the learned Single Judge without appreciating theses aspects of the matter, since, has dismissed the claim of the writ petitioner, hence, the same is not sustainable in the eye of law and as such, the same may be quashed and set aside. 4. Per contra, Mr. Sreenu Garapati, learned S.C.-III appearing for the respondent State of Jharkhand has defended the order passed by the learned Single Judge by making submission that since the writ petitioner has already been granted benefit of replacement scale and taking into consideration this aspect of the matter, the learned Single Judge has refused to interfere with the impugned order, hence, the same suffers from no infirmity. 5. We have heard the learned counsel for the parties, perused the documents available on record as also considered the finding recorded by the learned Single Judge in the impugned order. 6. This Court, before entering into the legality and propriety of the impugned order, deems it fit and proper to refer some legal issues for adjudication of the lis involved in this case. 7. The concept of grant of promotion as Junior/Senior Selection Grade, has been notified after adoption of the recommendation of the 4th Pay Revision Committee. The aforesaid benefit has been rescinded by virtue of the recommendation of the 5th Pay Revision Committee vide Resolution No.660 dated 08.02.1999, whereby and whereunder, the benefit granted either under Time Bound Promotion Scheme or by way of granting Junior/Senior Selection Grade, has been said to be effective upto 31.12.1995 and having made it ineffective w.e.f. 01.01.1996. However, the order of recovery has been decided not to be passed and the benefit of pay scale by way of financial upgradation has been decided not to be paid after 31.12.1995, meaning thereby, the benefit of upgradation will be said to lost its force after 31.12.1995 and in consequence thereof, one or the other employees will be restored to its pay scale which they were getting prior to grant of upgradation in pay scale either under the Time Bound Promotion Scheme or under the Junior/Senior Selection Grade. The State Government has come out with scheme of the Assured Career Progression Scheme vide resolution dated 14.08.2002, whereby, the decision to grant upgradation in pay scale has been taken in case, where the employee has not been granted regular promotion but completed well after 24 years of service, holding such employee, entitled for upgradation, first on completion of 12 years of service and second on completion of 24 years of service. It has also been decided to grant such benefits notionally w.e.f. 09.08.1999 and actual benefit from the date of creation of the State of Jharkhand, i.e., 15.11.2000. The benefit of Assured Career Progression Scheme, subsequently, has been replaced by another scheme to be known as “Modified Assured Career Progression Scheme”, notified by virtue of notification issued on 01.09.2009, and implemented w.e.f. 01.09.2008, whereby, the financial upgradation in pay scale has been decided to be given in favour of one or the other employees, who have not been granted regular promotion on completion of 10/20/30 years of service. 8. So far as the fact of the given case is concerned, the writ petitioner was appointed as Assistant Registrar on 11.08.1978. He was granted benefit of Senior Selection Grade in the scale of Rs.12,000-16,500/-w.e.f. 01.12.1992, but, by virtue of Finance Department Resolution No.660 dated 08.02.1999, the financial benefit granted by virtue of grant of Senior Selection Grade has been recalled after 31.12.1995. He was granted benefit of Senior Selection Grade in the scale of Rs.12,000-16,500/-w.e.f. 01.12.1992, but, by virtue of Finance Department Resolution No.660 dated 08.02.1999, the financial benefit granted by virtue of grant of Senior Selection Grade has been recalled after 31.12.1995. The State Government, in order to avoid the confusion with respect to grant of benefit of upgradation under the Assured Career Progression Scheme to such employees who have been granted the benefit of upgradation either by Time Bound Promotion or by granting Junior/Senior Selection Grade and what would be effect of the recall of the said benefit after coming into effect of the Assured Career Progression Scheme by notifying one circular on 23.03.2006, implemented w.e.f. 09.08.1999, whereby and whereunder, the decision was taken that the benefit of upgradation either under the Time Bound Promotion Scheme or under Junior/Senior Selection Grade granted prior to 01.01.1996 will not be treated to be financial upgradation for the purpose of grant of benefit under the Assured Career Progression Scheme, the relevant part of the said notification to that effect is required to be referred as under:- ^^1- laf{kIr uke] foLrkj ,oa vkjEHk% & ¼1½ ;g fu;ekoyh fcgkj jkT; deZpkjh lsok 'krZ ¼lqfuf'pr o`fÙk mUU;u ;kstuk½ ¼la'kks/ku½ fu;ekoyh 2006 dgh tk,xhA ¼2½ ;g fnukad 09-08-1999 ds izHkko ls izo`Ùk gksxhA 2- fcgkj jkT; lsok 'krZ ¼lqfuf'pr o`fÙk mUu;u ;kstuk½ fu;ekoyh 2003 ds fu;e&3 ds mifu;e ¼1½ ds ckn fuEufyf[kr mifu;e ¼1d½ tksM+k tk;sxk% & ¼1d½ fnukad 01-01-1996 ls iwoZ ykxw izoj dksfV@dkyc) izksUufr ;kstuk ds v/khu izkIr foÙkh; mUu;u dks ,0lh0ih0 ;kstuk ds fufer foÙrh; mUu;u ugha ekuk tk;sxkA 3- fcgkj jkT; deZpkjh lsok 'krZ ¼lqfuf'pr o`fÙk mUu;u ;kstuk½ fu;ekoyh 2003 ds fu;e&3 dk Li"Vhdj.k ¼1½ ,rn~ }kjk foyksfir fd;k tkrk gSA 4- fcgkj jkT; deZpkjh lsok 'krZ ¼lqfuf'pr o`fÙk mUu;u ;kstuk½ fu;ekoyh 2003 ds fu;e 4 ds mifu;e ¼4½ ds Li"Vhdj.k ¼1½ esa iz;qDr 'kCn ^^dk;ZHkkfjr^^ rFkk Li"Vhdj.k (II) esa iz;qDr 'kCn ^^vFkok dk;ZHkkfjr LFkkiuk^^ ,rn~ }kjk foyksfir fd;s tkrs gSaA 5- fcgkj jkT; deZpkjh lsok 'krZ ¼lqfuf'pr o`fÙk mUu;u ;kstuk½ fu;ekoyh&2003 ds fu;e 4 ds mifu;e ¼4½ ds Li"Vhdj.k (II) ds ckn fuEufyf[kr ,d u;k Li"Vhdj.k (II d½ tksM+k tk;sxk% ^^Li"Vhdj.k (II d½ fu;fer dk;ZHkkfjr deZpkfj;ksa dks ,0lh0ih0 izksUufr ds fy, dk;ZHkkfjr lsokof/k dh x.kuk dh tk;sxhA 6- fcgkj jkT; deZpkjh lsok 'krZ ¼lqfuf'pr o`fÙk mUu;u ;kstuk½ fu;ekoyh&2003 ds fu;e 4 ds mifu;e ¼5½ ds ckn fuEufyf[kr ,d u;k mifu;e ¼6 ½ tksM+k tk;sxk% & ^^¼6½ fdlh laoxZ@in ds in&lksiku ds mPprj in ij izksUufr nsus ds fy, l{ke izkf/kdkjh gksaxsA 7- fcgkj jkT; deZpkjh lsok 'krZ ¼lqfuf'pr o`fÙk mUu;u ;kstuk½ fu;ekoyh&2003 ds fu;e 8 dk mifu;e ¼1½ dk ijUrqd ,rn~ }kjk foyksfir fd;k tkrk gSA** 9. It is evident after going through the notification dated 23.03.2006 as contained in notification no.1802 V(2) that whatever benefit has been granted either under the Time Bound Promotion Scheme or under the Junior/Senior Selection Grade granted prior to 01.01.1996 will not come in the way of grant of upgradation under the Assured Career Progression Scheme. 10. Admittedly, herein, the writ petitioner has been granted benefit of upgradation by granting Senior Selection Grade w.e.f. 01.12.1992 i.e., prior to 01.01.1996 but the same, by virtue of resolution, has been recalled after 31.12.1995, meaning thereby, from 01.01.1996, the upgradation in pay scale granted in favour of the writ petitioner by virtue of grant of Senior Selection Grade has been recalled. Thereafter, the Assured Career Progression Scheme has been implemented w.e.f. 09.08.1999 by virtue of circular dated 14.08.2002, under which, the writ petitioner has claimed upgradation in pay scale on the ground that even in spite of the fact that he was appointed on 11.08.1978 as Assistant Registrar but no regular promotion has been granted even after completion of 12/24 years of service. The said claim has been denied by passing the order dated 05.12.2013, on the ground that the writ petitioner has already been granted promotion to the post of Deputy Registrar w.e.f. 01.01.1996 and has been granted revised pay scale. Further, the writ petitioner was not entitled to get 2nd upgradation on completion of 24 years of service on the ground that he has already been granted regular promotion to the post of Deputy Registrar by virtue of issuance of notification dated 31.07.2002 making it applicable w.e.f. 01.01.1996 and as such, there is no question of any stagnation. Further, he is also not entitled to get 3rd upgradation under MACP scheme, since he has not completed 30 years of service. 11. The position of law is clear, so far as the entitlement under upgradation in pay scale is concerned under the Assured Career Progression Scheme, after going through the circular dated 14.08.2002, wherein, it has been decided to grant upgradation in pay scale in order to avoid stagnation and on completion of 12 years of service, so far as 1st upgradation and 2nd upgradation on completion of 24 years of service is concerned. 12. 12. Admittedly, the writ petitioner was granted upgradation by virtue of Senior Selection Grade w.e.f. 01.12.1992 but that was recalled in consequence of the Resolution No.660 dated 08.02.1999 and as such, it cannot be said after taking into consideration the notification dated 23.03.2006 that he has never been granted such upgradation, therefore, he became entitled to be granted 1st upgradation under the Assured Career Progression Scheme on completion of 12 years of service. Since the writ petitioner has been granted the benefit of Senior Selection Grade which was effective upto 31.12.1995 and as such, during the aforesaid period, he has already been considered and granted upgradation by granting Senior Selection Grade but the same having been recalled w.e.f. 01.01.1996, therefore, after coming into effect of Assured Career Progression Scheme, he became entitled for grant of 1st upgradation w.e.f. 09.08.1999 notionally and actually w.e.f. 15.11.2000 on the basis of the decision of the State Government dated 23.03.2006, wherein, it has been decided that the grant of upgradation by way of Time Bound Promotion Scheme or by grant of Selection Grade will not come in the way of consideration of upgradation under the Assured Career Progression Scheme. However, the respondent State has disputed this fact on the ground that by virtue of notification dated 31.07.2002, the writ petitioner has already been granted promotion to the post of Deputy Registrar w.e.f. 01.01.1996 and as such, he is not entitled to get 1st upgradation, but the said ground cannot be said to be correct, for the reason, that the notification dated 31.07.2002 granting promotion in favour of the writ petitioner w.e.f. 01.01.1996, although, was issued by promoting the writ petitioner to the post of Deputy Registrar, Co-operative Society making it effective w.e.f. 01.01.1996 but the said notification having been issued on 31.07.2002 while, in pursuant to the Government circular dated 14.08.2002 as contained in Resolution No.5207, the writ petitioner became entitled for 1st upgradation notionally w.e.f. 09.08.1999 and actual benefit w.e.f. 15.11.2000. The writ petitioner became entitled for both upgradation on completion of 12/24 years of service i.e., counting it from the date of appointment while appointed as Assistant Registrar on 11.08.1978, meaning thereby, the writ petitioner became entitled to get the benefit of upgradation w.e.f. 09.08.1999, but, the same cannot come in the way of grant of upgradation (both) under the Assured Career Progression Scheme, for the reason that the writ petitioner became entitled for grant of upgradation on completion of 12/24 years of service w.e.f. 09.08.1999 and even if any promotion has been granted on substantive post by virtue of issuance of subsequent notification i.e., notification dated 31.07.2002 that will not come in the way of grant of upgradation (both) under the Assured Career Progression Scheme taking into consideration, the due date of grant of such benefit under the Assured Career Progression Scheme. 13. It requires to refer herein that the benefit of upgradation is decided to be given in order to avoid stagnancy of promotion. If one or the other employee completes 12/24 years of service and eligible to get regular promotion, he became entitled for 1st upgradation on completion of 12 years of service and 2nd Upgradation on completion of 24 years of service, under the Assured Career Progression Scheme. There might be an occasion for an employee that after completion of 12/24 years of service, when such employee became entitled for upgradation in pay scale under the aforesaid Scheme, in case of non-grant of regular promotion due to non-availability of posts, such benefit is to be granted in favour of such employee in order to avoid stagnation but that does not mean that such employee will not get regular promotion in case of availability of vacancies later on and chance thereof. In such circumstances, if such employee will be granted regular promotion by giving him post higher in hierarchy, then, he will not be entitled to get monetary benefit, since, such employee has already been granted higher pay scale by virtue of grant of upgradation on completion of 12/24 years of service, as the case may be. In such circumstances, if such employee will be granted regular promotion by giving him post higher in hierarchy, then, he will not be entitled to get monetary benefit, since, such employee has already been granted higher pay scale by virtue of grant of upgradation on completion of 12/24 years of service, as the case may be. Herein, the writ petitioner, although, was granted regular promotion from the post of Assistant Registrar to that of the post of Deputy Registrar vide notification dated 31.07.2002 w.e.f. 01.01.1996, but prior to issuance of aforesaid notification i.e., 31.07.2002, he became entitled for grant of both upgradation under the Assured Career Progression Scheme on completion of 12/24 years of service from the date of initial appointment i.e., w.e.f. 09.08.1999 and 11.08.2002. The writ petitioner, in such circumstances, will not be entitled to get any monetary benefit attached to the post of Deputy Registrar, since, the writ petitioner has already been granted regular promotion to the post of Deputy Registrar, which is next higher hierarchy in cadre. 14. Therefore, the contention raised by the learned counsel for the State that since the writ petitioner has already been granted regular promotion to the post of Deputy Registrar and as such, he is not entitled to get upgradation, which cannot be accepted by this Court. 15. The matter would have been different if prior to completion of 24 years of service, the writ petitioner would have been granted promotion to the higher post i.e., the post of Deputy Registrar, then in such circumstance, there was no occasion of consideration of case of the writ petitioner for grant of upgradation by way of 2nd upgradation on completion of 24 years of service, but, that is not the case herein. 16. We are not in agreement with the plea, merely because the pay scale of the writ petitioner has been replaced by virtue of adoption of recommendation of Pay Revision Commission, as such, he is not entitled to get the benefit of upgradation, for the reason that the replacement by virtue of revision in pay scale is quite different to that of upgradation to be granted under the Assured Career Progression Scheme and Modified Assured Career Progression Scheme. If an employee has been granted upgradation either under the Assured Career Progression Scheme or Modified Assured Career Progression Scheme and subsequent thereto, there is a revision in the pay scale, such employee will be granted the benefit of replacement scale by virtue of effect of revision in pay scale on the basis of replacement of pay scale of the upgraded scale which the employee has got the same under ACP/MACP Scheme. The revision in pay scale is nothing to do with upgradation in pay scale, rather, it is the consequence of adoption of the recommendation of the Pay Revision Committee which is automatic, if the State has adopted the report of the Central Pay Commission through its Fitment Committee. 17. Therefore, the reason of denial of the claim of upgradation either under ACP/MACP Scheme on the ground of revision in pay scale, cannot be construed to be correct interpretation and therefore, the same is held to be improper. 18. This Court, on the basis of discussion made hereinabove, is of the considered view that order impugned requires interference due to the following reasons:- (i) The learned Single Judge has failed to appreciate the effect of Resolution No.660 dated 08.02.1999, whereby, one or the other employee has been held entitled for upgradation in pay scale under Assured Career Progression Scheme w.e.f. 09.08.1999 notionally and w.e.f. 15.11.2000 actually. (ii) The learned Single Judge has failed to appreciate the effect of Resolution dated 23.03.2006, as contained in notification no.1802 V(2), whereby, the State Government has taken decision to the effect that the benefit granted either under Time Bound Promotion Scheme or Junior/Senior Selection Grade granted prior to 01.01.1996 will not come in the way of grant of upgradation under Assured Career Progression Scheme. (iii) The learned Single Judge has further failed to appreciate the difference in between the effect of revision in pay scale and upgradation in pay scale, since, the revision in pay scale is quite different to that of upgradation in pay scale, reason being that, the upgradation is to depend upon the Government policy decision for grant of upgradation in pay scale either under the ACP or MACP Scheme, while on the other hand, the replacement in pay scale depends upon the adoption of recommendation of the Central Pay Commission by the State Government. If an employee has been granted upgradation in pay scale and thereafter, the pay revision has been effected, such employee will automatically come to replacement scale of the scale which was granted in his favour by virtue of upgradation in pay scale. 19. So far as the claim of the writ petitioner that he is also entitled to get the 3rd upgradation on completion of 30 years of service on the basis of Modified Assured Career Progression Scheme. The Assured Career Progression Scheme has been replaced by the Modified Assured Career Progression Scheme by virtue of resolution dated 01.09.2009, whereby and whereunder, it has been provided that an employee will be granted three upgradation on completion of 10/20/30 years of service. The aforesaid resolution dated 01.09.2009 has made effective from 01.09.2008. Admittedly herein, the writ petitioner has superannuated from service w.e.f. 01.03.2008, which is prior to the implementation of the Modified Assured Career Progression Scheme, which has been made applicable w.e.f. 01.09.2008, therefore, the writ petitioner cannot be held entitled for 3rd upgradation under the Modified Assured Career Progression Scheme. 20. Accordingly, the order passed by the learned Single Judge, is quashed and set aside, so far as grant of Assured Career Progression Scheme is concerned, for the reasons aforesaid. 21. However, so far as grant of Modified Assured Career Progression Scheme is concerned, the same requires no interference, for the reason, as reflected hereinabove. 22. Accordingly, the instant appeal is allowed partly and the order passed by the learned Single Judge, to the extent of rejecting the claim of the writ petitioner for grant of upgradation under Assured Career Progression Scheme (both), is hereby quashed and set aside. 23. The respondent State is directed to take consequential steps for disbursement of difference of arrears of salary and the other consequential benefits within the period of three months’ from the date of receipt of copy of the order. 24. Pending interlocutory application(s), if any, also stands disposed of. Ravi Ranjan, J.- I agree