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W. DIENGDOH
Ex-No 113643 Hav/gd Milap Chand – Appellant
Versus
Union of India – Respondent
JUDGMENT
1. The petitioner has filed this writ petition with a prayer for issue of a writ of certiorari to set aside and quash the impugned order No. 1.11011/A-2012/714, dated 26.05.2012 and order No. 113643/11 AR/PGC-2013/1196, dated 23.10.2013 as well as order No. I.1555/Milap Chand (11 AR)/A/2015/682, dated 12.09.2015 and also for issue of a writ in the nature of Mandamus directing the respondent authorities to grant/extend 2nd Financial up-gradation under Modified Assured Career Progression Scheme from the grade pay of Rs.2400/- to Rs.2800/- w.e.f. 01/09/2008 and consequential benefits (3rd MACPs).
2. On going through this petition, it is understood that the petitioner as stated by him was enrolled in the Assam Rifles as a Rifleman (GD) on 15.03.1980 and he was eventually promoted to the rank of Hav(GD) w.e.f. 01.12.2000. As per Record Office Instruction (ROI) No. 4/99, on completion of 30 years qualifying service, the Directorate General Assam Rifles (DGAR) discharged him on retiring pension on 01.04.2010 (FN).
3. In the month of May 2012, the petitioner filed an application before the DGAR for grant of financial up-gradation under the Modified Assured Career Progression Scheme (
The court established that there is a provision for representation and complaints against weak points and adverse assessment in the ACR, and the petitioner's representation for upgradation should be ....
Retired employees are entitled to financial upgradation under the ACP Scheme from the date of re-musteration, as it is not considered a promotion.
Retrospective application of the MACP Scheme does not infringe upon the vested rights of employees under the ACP Scheme, as eligibility does not equate to entitlement.
The main legal point established is that the petitioner was entitled to the benefits under the MACPS, and the denial of such benefits due to erroneous actions by the authorities was unsustainable.
The main legal point established in the judgment is that the eligibility criteria for financial upgradation under the MACP Scheme, including the benchmark for APAR grading, are determined by the rele....
MACPS regular service commences from regular absorption post-training; prior promotions counted against financial upgradations; no entitlement if not stagnant after multiple promotions.
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