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SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Akshaya Kumar Parida – Appellant
Versus
Union of India – Respondent
JUDGMENT
Suresh Kumar Kait, J.
1. The present petition has been filed by the petitioner seeking issuance of a writ of certiorari for quashing of Signal DTO No.121240 whereby the Departmental Screening Committee (DSC) found the petitioner ineligible due to below benchmark in the APAR for the year 2016-17. In addition, quashing of letter dated 03.11.2020, whereby petitioner's application seeking grant of Third Financial Upgradation under the MACP Scheme has been returned by the competent authority citing below benchmark for the year 2016-17, is also sought.
2. In the present petition, it is averred by the petitioner that he had joined the services of the Border Security Force (BSF) in the year 1988 and completed 30 years of service in the year 2018. Petitioner has claimed that Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievance and Pensions, Government of India issued an OM dated 19.05.2019 whereby it was notified that on completion of 10, 20 and 30 years. of service respectively, employees shall be entitled to financial upgradations. According to aforesaid OM, for considering the promotion of an employee, Annual Performance Assessment Reports (APAR
The main legal point established in the judgment is that the eligibility criteria for financial upgradation under the MACP Scheme, including the benchmark for APAR grading, are determined by the rele....
The central legal point established in the judgment is the interpretation of Annex.A14 OM dated 04.10.2012 and its applicability to the case, emphasizing the requirement of benchmark criteria for fin....
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
III MACP upgradation (GP Rs.4800) granted w.e.f. 01.09.2008 (MACP introduction), reckoning 20 years from 1983 promotion, rejecting 30-year total service computation to honour early promotion benefits....
MES Procedure Exam not mandatory for ACP; uncommunicated below-benchmark ACRs cannot deny financial upgradation; 3rd MACP admissible on 30 years service completion post 2nd ACP.
The Selection Grade would not be counted as promotion for the purpose of ACP/MACP Schemes, as established in the judgment in Ajmer Singh.
MACP financial upgradation follows promotional hierarchy; same Grade Pay promotions count against higher pay claims beyond hierarchy.
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