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P. B. BAJANTHRI, ARUN KUMAR JHA
J. P. Mandal, Son of Late D. P. Mandal – Appellant
Versus
Union Of India through the Director General of Post, Ministry of Communication, Department of Post – Respondent
JUDGMENT :
(P.B. Bajanthri, J.)
Heard learned counsels for the parties.
2. In the instant writ petition, petitioner-J.P. Mandal has assailed the order of the Central Administrative Tribunal, Patna Bench, Patna (for short ‘CAT’) dated 28.07.2016 passed in O.A. No. 341 of 2012.
In the original application filed before the CAT, petitioner has prayed for the following reliefs:-
8.2 That your Lordships may further be pleased to direct/command the Respondents to grant the benefit of Grade Pay of Rs. 5,400/-with effect from 01.01.2006, Grade Pay of Rs. 6,600/-, Grade Pay of Rs. 7,600/-and Grade Pay of Rs. 8,700/-with effect from 01.09.2008 under M.A.C.P. Scheme.
8.3 That your Lordships may further graciously be pleased to direct/command the Respondents to grant the Grade Pay of Rs. 4,800/-and Rs. 5,400/-instead of Rs. 4,600/-with effect from 01.01.2006 under Normal Replacement and thereafter Grade Pay of Rs.6,600/-, Grade Pay of Rs. 7,600/-and Grade Pay of Rs. 8,700/-under Financial U
The main legal principle established in the judgment is the strict interpretation and application of the eligibility criteria outlined in the MACP Scheme, particularly the conditions for financial up....
The main legal point established in the judgment is the interpretation of the criteria for granting MACP benefits, particularly the requirement of completing 10 years of service in the same grade pay....
The main legal point established in the judgment is that previous promotions and financial upgradations can affect the eligibility of an employee for benefits under the MACP scheme.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
The MACP Scheme mandates financial upgradation based on grade pay hierarchy, irrespective of post hierarchy, ensuring employee benefits are upheld.
The court established that an appointment through competitive examination is considered direct recruitment, not promotion, thus entitling the applicant to financial upgradation under the MACP Scheme ....
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
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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