Further, learned counsel for the petitioner argues that instructions dated 17.04.2000, by which, the qualifications/eligibilities for the grant of ACP were laid down, are being applied retrospectively upon the petitioner as the petitioner had already been granted the benefit of ACP w.e.f. 01.01.1996. The said argument though seems attractive, but in the facts and circumstances of the present case, cannot be accepted. The Assured Career Progression Scheme came into being on 23.09.1998 though w.e.f. 01.01.1996. At the time when the scheme came into being, no criteria for the grant of benefit under the said scheme was laid down. As the eligibility criteria was still to be laid down, the Government had decided to keep the ACP Scheme in abeyance till the eligibility conditions are laid down. The petitioner was granted the benefit by the department without waiting for the issuance of eligibility conditions. Upon the issuance of the instructions dated 17.04.2000, by which the eligibility criteria was laid down, it was found that the petitioner was not eligible. Therefore, once the ACP Scheme was kept in abeyance till the eligibility conditions are laid down, which were actually laid down vide instructions dated 17.04.2000, the same has to be given effect to determine the eligibility and the petitioner was wrongly granted the said benefit without waiting for the eligibility conditions. Once the eligibility conditions were laid down, it has to be made operational from the date when the scheme came into being as, the scheme cannot be operated without eligibility
