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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Sachchidanand Prasad – Appellant
Versus
Chairman-cum-Managing Director, Jharkhand Urja Vikas Nigam Limited – Respondent
| Table of Content |
|---|
| 1. consolidated appeals due to identical issues. (Para 1 , 2 , 3) |
| 2. factual background of the appellants' service and previous orders. (Para 4 , 5 , 12) |
| 3. challenged withdrawal of prior orders regarding pay. (Para 6 , 8 , 9) |
| 4. arguments on macp and fixation of pay matters. (Para 31 , 40 , 42) |
| 5. court's reasoning on issues surrounding pay fixation. (Para 64 , 73 , 76) |
| 6. interpretation of macp scheme by the supreme court. (Para 79 , 80 , 81) |
| 7. final decision and dismissal of appeals. (Para 105 , 106) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. Since the issues involved in both the appeals are identical, therefore, at the request of learned counsel for the parties, both the matters have been tagged together. Accordingly, they are heard together and are being disposed of by this common order.
Prayer in L.P.A. No. 253 of 2023:
2. The instant intra-court appeal, under Clause 10 of the Letters Patent, has been directed against order/judgment dated 03.01.2023 passed by learned Single Judge in W.P.(S) No. 5464 of 2015 by which the writ petition filed by the writ petitioners has been dismissed on the ground that fate of similar impugned orders/notifications have already been decided vi
The MACP guarantees financial advancement to the immediate next higher grade pay, not promotional posts, and unapproved executive orders cannot override statutory regulations.
(1) Promotion – Modified Assured Career Progression Scheme – Date of operation of new pay scales cannot be per se the same when operation of another scheme (which may also involve pay benefits) need ....
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
The MACP Scheme is an incentive-based condition of service effective from 01.09.2008, and not a component of pay structure, denying retrospective claims from 01.01.2006.
MACP financial upgradation is personal relief, not linked to promotional hierarchy or pay parity with subordinates; no stepping up of grade pay for seniors drawing less than juniors due to ACP-MACP t....
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