Back
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SANDEEP MOUDGIL
Anil Kumar – Appellant
Versus
Uniion Of India – Respondent
JUDGMENT :
SANDEEP MOUDGIL, J.
Prayer
1. The present writ petition has been filed under Articles 226/227 of the Constitution of India seeking quashing of para no. 20 of the Annexure-I to the MACP Scheme dated 19.05.2009 (Annexure P-3) prohibiting step up of pay at level of pay of juniors is fixed and order dated 09.04.2014 (Annexure P-4) and select list of MACP for 2015-16 (Annexure P-5) and order dated 17.04.2018 (Annexure P-6) to the extent same have placed the petitioners in MACP-III while granting pay of Rs, 4600/- after their promotion to the post of Suptd. Br. II in violation of clarification by PCDA (BR) vide letter dated 30.11.2012 (Annexure P-9) and letter dated 10.12.2012 (Annexure P-10) issued by the DGBR-respondent no. 2.
Brief Facts
2. The petitioners were appointed as Lower Division Clerks (LDCs) between 1989 and 1995. Their normal promotional channel from LDC is to the post of Upper Division Clerk (UDC). Under the ACP Scheme introduced pursuant to the 5th Central Pay Commission, the petitioners, having not received promotion within 12 years, were granted ACP-I in the pay scale of Rs.4000–6000/-, attached to the post of UDC.
3. During service, the petitioners acquired
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
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....
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.
The MACP Scheme mandates financial upgradation based on grade pay hierarchy, irrespective of post hierarchy, ensuring employee benefits are upheld.
(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 MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
Eligibility for ACP/MACP benefits is determined based on the conditions of the schemes and the promotions earned by the employees.
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
