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RAVINDRA V. GHUGE, R. G. AVACHAT, SANDIPKUMAR C. MORE
Sunanda Ashok Sonawane – Appellant
Versus
District Judge – Respondent
| Table of Content |
|---|
| 1. eligibility criteria for receiving aps benefits. (Para 2 , 3 , 10) |
| 2. legal observations regarding existing administrative policies on promotion and benefits. (Para 4 , 8 , 9) |
| 3. the impact of performance criteria on eligibility for promotion. (Para 5 , 6 , 7) |
JUDGMENT/ORDER
RAVINDRA V.GHUGE, J. - The Division Bench of this Court (Coram : Dr. Manjula Chellur, CJ and R.M. Borde, J.) passed an order on 29/6/2017, recording in paragraphs 2 to 9 as under:-
Benefits under the Assured Career Progression Scheme cannot be withdrawn retroactively due to later-found ineligibility if originally granted after meeting eligibility criteria.
Promotion – An employee who has opted to remain in existing grade, by refusing offer of promotion, forfeits rights to ACP benefits and such employee, on account of refusal, can be considered for regu....
ACP financial upgradation not subject to departmental exam for held post; eligible on completing regular service years. No ACP during post-superannuation extension limited to last pay and allowances.
Recovery of excess payment in factual scenario of case would be iniquitous and harsh upon the petitioner, who stood superannuated from service about nine months prior to issuance of impugned order.
The entitlement to benefits under the ACP Scheme was not automatic and was subject to review and consideration by the employer. The nature of benefits under the MACP Scheme was considered as incentiv....
(1) Promotion – Modified Assured Career Progression Scheme – Date of operation of new pay scales cannot be per se the same when operation of another scheme (which may also involve pay benefits) need ....
Upon absorption into government service due to organizational closure, past service recognized for pension and pay fixation must be counted for career progression schemes. Retrospective recovery of s....
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