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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Ranjit Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
SANJAY DHAR, J.
01. The petitioner has sought a direction upon the respondents to remove the pay anomaly in his case and to re-fix his pension at par with Sh. Heera Singh SI/GD 837030292 w.e.f. 07.09.2013 by extending the benefit of 3rd Modified Assured Career Progression Scheme (MACPS) w.e.f 07.09.2013 in Level-07.
02. Briefly stated, facts of the case are that the petitioner was appointed as a constable on 21.11.1983 with the Indo- Tibetan Border Police Force-(ITBPF). He was promoted as Lance Naik (L/N) on 25.09.1990 and thereafter, he was promoted as Naik on 26.06.1992. The petitioner was further promoted to the post of Havaldar (Head Constable) w.e.f 10.10.1997 on account of implementation of 5th Pay Commission recommendations which provided for merger of post of Constable and Naik. The petitioner was thereafter promoted to the rank of SI/GD on 13.09.2010. Ultimately, the petitioner superannuated from service on 31.10.2022.
03. The 5th Central Pay Commission provided for two financial upgradations and as per this scheme, an employee on completion of 12 years and 24 years became entitled to financial upgradations under the Assured Career Progression Scheme (ACPS). The fir
The MACPS provides for financial upgradations based on service duration, distinct from promotions, and prior benefits under ACP must be considered for eligibility.
Retrospective application of the MACP Scheme does not infringe upon the vested rights of employees under the ACP Scheme, as eligibility does not equate to entitlement.
The applicant is entitled to ACP and MACP benefits despite prior promotions since non-beneficial promotions do not negate financial upgradation under the schemes.
Employees who have received sufficient promotions and financial upgradations are not entitled to additional benefits under the Modified Assured Career Progression Scheme.
MACPS regular service commences from regular absorption post-training; prior promotions counted against financial upgradations; no entitlement if not stagnant after multiple promotions.
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
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....
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