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ORISSA HIGH COURT : CUTTACK
MURAHARI SRI RAMAN
Renuka Dei, Wife of Patitapaban Ojha – Appellant
Versus
State of Odisha, Represented through Commissioner-cum-Secretary Water Resources Department, Odisha Bhubaneswar, District: Khordha – Respondent
| Table of Content |
|---|
| 1. petitioner seeks financial upgradation under racps. (Para 1 , 2 , 3) |
| 2. arguments regarding completion of service and financial benefits. (Para 4 , 5 , 6) |
| 3. court emphasizes entitlement rights under racps. (Para 7) |
JUDGMENT :
MURAHARI SRI RAMAN, J.
Non-grant of financial upgradation under the Revised Assured Career Progression Scheme (for brevity referred to as “RACPS”) in the Grade Pay of Rs.4,600/- brought the petitioner before this Court beseeching exercise of extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India with the following pray(s):
"It is therefore humbly prayed that this Hon‘ble Court may graciously be pleased to admit the case, call for the records and after hearing both the parties pass the following reliefs;
i) To direct the opposite parties to refix the pension of petitioner after granting 3rd financial upgradation in pay band-2, scale of pay of Rs.9300/- to 34800/- with grade pay of Rs.4600/- under RACP w.e.f. 01.01.2013 as per Notification 19.09.2015 and ratio decided in O.A.No.2328(C) of 2017 confirmed by this Hon‘ble Court in W.P.(C) No28074 of 2019;
ii) To direct the opposite parties to release the arrear salary consequ
Financial upgradation under the Revised Assured Career Progression Scheme is warranted upon completion of 30 years of service, irrespective of subsequent promotions.
The main legal point established in the judgment is that the grant of TBA benefit to a government servant does not make him ineligible for the benefit of financial upgradation under the RACP scheme, ....
The main legal point established in the judgment is that pay scale rationalization should be ignored for the purpose of the first financial upgradation under the ACP Scheme, based on the application ....
Non-functional replacement pay scale granted pre-MACP cannot be counted as financial upgradation against MACP benefits, per binding judicial precedent overriding administrative advice; ensures equali....
Non-functional grade pay upgradation counts as financial upgradation under MACPS, offsetting subsequent claims; GP Rs.5400 in PB-2/PB-3 treated separately per Para 8.1.
The Court clarified the difference between the replacement scale and upgradation in pay scale under the Assured Career Progression Scheme, emphasizing that the revision in pay scale is distinct from ....
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
Pre-2006 placements/promotions in merged grades (same GP post-6th CPC) ignored for MACP reckoning; 3rd upgradation to GP 4600 after 10 years stagnation in GP 4200 without promotion.
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