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HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Dipti Rani Das - Appellant
Versus
State of Tripura & Ors. - Respondents
Writ Petition (C) No. 946 of 2021
Decided On : 19-12-2022
| Table of Content |
|---|
| 1. petitioner entitled to acp-1 and macp-2 based on appointment date. (Para 1 , 2) |
| 2. respondents admit entitlement to acp-1 and macp-2. (Para 3) |
| 3. court directs payment of dues. (Para 4) |
| 4. writ petition allowed and disposed. (Para 5) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. Koomar Chakraborty, learned counsel appearing for the petitioner. Also heard Mr. K. De, learned counsel appearing for the respondents-State.
2. The grievance of the petitioner is that she was entitled to get ACP-1 and MACP-2 on 27.08.2012 and 27.08.2019 respectively, as her date of appointment in service was 27.08.2002.
3. On going through the counter-affidavit filed by the respondents, it is found that the respondents at para 15 have stated thus:-
'15. That, with regard to para 2.21 of the Writ Petition, I say that, according to the ROP in force at that time, the Petitioner was also entitled to get ACP 1 and MACP 2 on 27.08.2012 and 27.08.2019 respectively, as her date of appointment was 27.08.2002.'
4. In view of this admission, I direct the respondents to pay the ACP-1 and MACP-2 in favour of the petitioners with all arrears she is entitled to within a period of 3(three) months from today after completing all formalities in her service book.
5. With the above directions, the instant writ petition stands allowed and thus, disposed.
Entitlement to career progression benefits was confirmed based on the appointment date, requiring payment of dues as per admission by the respondents.
The counting of period for ACP/MACP must relate back to the date of regularization of appointment.
The main legal point established in the judgment is that the regular service for the purpose of ACP benefits should commence from the date of absorption, as per the MACP Scheme.
The doctrine of delay and laches can result in the denial of discretionary power and the loss of remedies, based on public policy and utility.
Past service should be counted for ACP/MACP benefits if it has been protected under pension rules, irrespective of pay grade changes.
Promotion by clearing departmental examinations cannot be considered for ACP/MACP calculations under the applicable career progression schemes.
Rejection of ACP/MACP benefits invalid if based on missing employer-maintained records like service book, ACR, or unverified service periods not attributable to employee; employer must regularize ser....
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