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M. S. SONAK, B. P. DESHPANDE
Mahesh B. Kaliwal – Appellant
Versus
State of Goa – Respondent
JUDGMENT/ORDER
M.S.SONAK, J. - Heard Mr Vallabh Pangam for the Petitioner and Ms Amira Razaq for the Respondents.
2. The Petitioner complains about the denial of 1st and 2nd financial up-gradations under the Assured Career Progression Scheme (ACPS) in the scales due to the Petitioner and denial of 3rd financial up-gradation under the Modified Assured Career Progression Scheme (MACPS).
3. On 28/06/1982, the Petitioner was appointed as Assistant Malaria Officer (Entomologist-Group B Gazetted) on an ad-hoc basis. His services were regularised on 26/3/1992 in the same post. By an order dtd. 31/07/1998, the Petitioner's post was redesignated as "State Entomologist" in the existing pay scale. The Petitioner served as Assistant Malaria Officer/State Entomologist for almost 34 years till his retirement on superannuation effective from 31/7/2016.
4. Unfortunately, the Assistant Malaria Officer/State Entomologist post was isolated, with no promotional avenues whatsoever. As a result, during the entire tenure of 34 years, the Petitioner served as Assistant Malaria Officer/State Entomologist, with the benefit of even a single promotion or upgradation in pay scale.
5. Precisely, to redress the stagn
The court affirmed applicants' entitlement to financial upgradation under the Assured Career Progression Scheme, emphasizing eligibility due to completion of service years despite the introduction of....
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
Financial upgradation under the Revised Assured Career Progression Scheme is warranted upon completion of 30 years of service, irrespective of subsequent promotions.
ACP upgradation to Rs.6500-10500/- not ignored under MACP Clause 5 as post-6th CPC, feeder post carries GP Rs.4200/- while upgraded post carries GP Rs.4600/- per O.M. 13.11.2009, maintaining hierarch....
The main legal point established in the judgment is that pay scale rationalization should be ignored for the purpose of the first financial upgradation under the ACP Scheme, based on the application ....
Non-functional replacement pay scale granted pre-MACP cannot be counted as financial upgradation against MACP benefits, per binding judicial precedent overriding administrative advice; ensures equali....
The applicant is entitled to ACP and MACP benefits despite prior promotions since non-beneficial promotions do not negate financial upgradation under the schemes.
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
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