Back
M. S. RAMESH
Patan Sahebjan – Appellant
Versus
Union of India, Rep. by its Secretary to Government, Ministry of Home Affairs, New Delhi – Respondent
ORDER :
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records to the order passed by the second respondent in his Order No.V-31014/37/2015/RAHA-1/143, dated 15.02.2016 and quash the same and to direct the respondents and to grant 2nd MACP benefits from 03.08.2003 and 3rd MACP from 03.08.2013 to the petitioner and the arrears.
The petitioner herein had joined the services of the Central Industrial Security Force, which comes under the Central Armed Forces, on 03.08.1983 and later was promoted as Head Constable. Since he had completed 30 years of service, he claimed for entitlement to 3rd Modified Assured Career Progression Scheme (hereinafter called as 'MACP Scheme'). His claim was denied through the impugned order dated 15.02.2016, which is put under challenge in the present Writ Petition.
2. The petitioner herein was granted 1st financial upgradation under MACP Scheme on 30.01.2004 and 2nd financial upgradation was granted on 01.01.2011. However, his 3rd financial upgradation on completion of 30 years, was denied upon his non-qualification on fulfilment in the pre-promotional norms.
3. Wh
(1) Financial upgradation is personal, does not amount to regular or actual functional promotion and does not require creation of a new post – It has no relevance to seniority position and principles....
The main legal point established is that under the MACP scheme, employees are entitled to benefits from the due date of the scheme, regardless of any delay in consideration due to judicial orders.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
