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DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
Umar Daraz – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. petitioner challenges denial of macp upgradation. (Para 1 , 4) |
| 2. petitioner claims moving to class-iii was direct recruitment. (Para 2 , 12) |
| 3. court assesses petitioner's promotion history. (Para 3 , 5) |
| 4. rules specify promotions based on selection, not direct recruitment. (Para 8 , 14) |
| 5. court distinguishes between promotion and ldce. (Para 15 , 16) |
| 6. petition dismissed due to lack of merit. (Para 17) |
JUDGMENT
Sanjeev Sachdeva, J. (Oral)
1. Petitioner impugns judgment dated 25.09.2019, whereby the Original Application filed by the petitioner seeking a direction to the respondents to grant third financial upgradation under the Modified Career Progression Scheme (MACP), has been dismissed.
2. Learned counsel for petitioner submits that when the petitioner was appointed to the class-III post, the same was to be treated as a direct recruitment and not a promotion and as such he was entitled to the benefit of the third MACP. He submits that respondents have incorrectly denied him the benefit assuming the said appointment to class-III post as a promotional appointment.
3. Petitioner on 17.04.1974 was appointed as a Call Man in the Northern Railway, Delhi Divisio
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