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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
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 vide order dated 08.9.2022 by the Co-ordinate Bench of this Court in W.P. (S) No. 3306 of 2015 by dismissing the writ petition.
Prayer in L.P.A. No. 21 of 2023:
3. The instant intra-court appeal, under Clause 10 of the Letters Patent, has been directed against order/judgment dated 08.09.2022 passed by learned Single Judge in W.P. (S) No. 3306 of 2015 by which the writ petition filed by the writ petitioners has been dismissed finding no illegality in the order passed by the respondents-authorities.
Factual Aspect:
4. Bri
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.
Eligibility for ACP/MACP benefits is determined based on the conditions of the schemes and the promotions earned by the employees.
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