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PANKAJ BHANDARI, PRAVEER BHATNAGAR
Union of India, through General Manager, Jabalpur – Appellant
Versus
Dinesh Chandra Sharma S/o Late Shri Kailash Chandra Sharma – Respondent
ORDER :
1. Petitioners have preferred this writ petition aggrieved by the order dated 16th February, 2021, whereby the Original Application (OA), preferred by the respondents, was allowed and the petitioners were directed not to count the promotion from Junior Accounts Assistant (for short ‘JAA’) to Accounts Assistant (for short ‘AA’) as promotion and consider the same as up-gradation due to restructuring.
2. It is contended by learned counsel, appearing for the petitioner-Union of India, that Central Administrative Tribunal, Jaipur Bench, Jaipur placed reliance on the order passed by the Central Administrative Tribunal, Madras Bench, which order was upheld by the Division Bench of Madars High Court and SLP, preferred against the said order, was dismissed by the Apex Court.
3. It is contended that Central Administrative Tribunal, Madras Bench and Madras High Court did not consider the relevant Rules while deciding the application.
4. Learned counsel for the petitioners contends that the respondents were working as Junior Accounts Assistant. They were promoted as Accounts Assistant and in the order itself, it was mentioned that they are being promoted. It is also contended that there wa
The court established that a transition involving higher pay and service requirements constitutes a promotion, affecting eligibility for benefits under the MACP Scheme.
The MACP scheme provides financial upgradations based on service duration, not promotional hierarchy, and previous judicial decisions must be followed.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
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.
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 ....
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