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CENTRAL ADMINISTRATIVE TRIBUNAL
S. Sujatha, Judicial Member, Rakesh Kumar Gupta, Administrative Member
K. Pooswamy – Appellant
Versus
Garrison Engineer (II) R&D West Military Engineering Services – Respondent
| Table of Content |
|---|
| 1. applicant's reliefs and service history overview. (Para 1) |
| 2. macp eligibility after refusing promotion. (Para 2) |
| 3. applicant's refusal justified by no financial benefit. (Para 3 , 4) |
| 4. macp entitlement precedes refused promotion. (Para 6 , 7 , 8 , 9 , 10) |
| 5. grant 3rd macp w.e.f. 20.02.2018. (Para 12 , 13 , 14) |
ORDER (ORAL)
PER: RAKESH KUMAR GUPTA, MEMBER (A)
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
a) To quash the impugned order no. SPL PTO No. 02 dated 12.03.2021 (Annexure-A18) vide which the applicant has not been granted financial benefit under MACP Scheme on the ground that he had refused a regular promotion offered to him.
b) To quash order no. 150101/MACP/9166 E1B(R-DPC) dated 14.09.2021 (Annexure-A21) in which it has been reiterated that “since the individual has refused his regular promotion, he is not eligible for getting MACP till he agrees for promotion again and in such case, the next financial upgradation shall also be deferred to the extent of period of debarment due to refusal of promotion.”
c) To direct the Respondent No. 3 to grand 3rd MACP with
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