AI Overview...
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Mustering and Re-mustering - Re-mustering refers to the process of reassessing personnel positions and seniority, often following promotions or structural changes. Several sources highlight that re-mustering impacts service reckoning and seniority, but its effect on MACP benefits is contested. Some judgments emphasize that MACP benefits should be granted from the re-mustering date, while others argue benefits should be linked to initial appointment or original seniority date SREEKUMARA PILLAI Vs UNION OF INDIA - Kerala, MOHD. NASEEMUDDIN VS UNION OF INDIA - Delhi, RAJBIR SINGH Vs UOI AND ORS - Delhi.
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MACP Eligibility and Benefit Calculation - The Modified Assured Career Progression Scheme (MACP) benefits are generally granted based on service length and re-mustering dates. However, there is inconsistency regarding whether MACP benefits should be calculated from initial appointment or re-mustering date. Courts have clarified that benefits are often to be granted from the re-mustering date, especially when re-mustering results in a change of rank or seniority UMESH K., CYRIL.T.S vs THE DIRECTOR GENERAL/CENTRAL INDUSTRIAL SECURITY FORCE - Kerala, MOHD. NASEEMUDDIN VS UNION OF INDIA - Delhi, RAJBIR SINGH Vs UOI AND ORS - Delhi.
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Service Reckoning and Re-mustering Impact - Courts have held that service for ACP and MACP purposes should typically be reckoned from the initial appointment date unless re-mustering explicitly alters the service calculation. Some judgments have dismissed claims that re-mustering should reset or alter the service period for benefit calculations, emphasizing the importance of initial appointment dates SHIV CHAND RAO VS UNION OF INDIA - Delhi, Lalit Kumar vs Sh. G. Rajeshwar - Central Information Commission, RAM KISHAN KATARIA VS UNION OF INDIA - Delhi.
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Legal Directions and Court Judgments - Courts have directed authorities to ignore re-mustering for the purpose of ACP/MACP calculations in certain cases, affirming that benefits should be based on initial appointment dates. For example, in specific judgments, re-mustering to ranks like Naik or Lance Naik is to be disregarded for ACP eligibility, and service rendered as Constable is to be counted RAJBIR SINGH Vs UOI AND ORS - Delhi, RAM KISHAN KATARIA VS UNION OF INDIA - Delhi.
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Administrative Procedures and Seniority Fixation - Administrative bodies are advised to issue orders based on combined seniority lists and to consider re-mustering carefully, ensuring that seniority and benefits are correctly aligned. The importance of avoiding unnecessary structural changes that could disrupt service progression is also noted Lalit Kumar vs Sh. G. Rajeshwar - Central Information Commission, INDHc_KLHC010324082018.
Analysis and Conclusion
The prevailing legal and administrative stance indicates that MACP benefits are generally granted from the date of re-mustering when re-mustering results in a change of rank or seniority, but the service period for benefit calculation is often to be reckoned from the initial appointment date. Courts have consistently directed authorities to ignore re-mustering when it adversely affects MACP eligibility, emphasizing the importance of initial service dates. Administrative procedures should align with these judicial principles to ensure fair and consistent benefit distribution.
References: - SREEKUMARA PILLAI Vs UNION OF INDIA - Kerala - UMESH K., CYRIL.T.S vs THE DIRECTOR GENERAL/CENTRAL INDUSTRIAL SECURITY FORCE - Kerala - MOHD. NASEEMUDDIN VS UNION OF INDIA - Delhi - SHIV CHAND RAO VS UNION OF INDIA - Delhi - RAJBIR SINGH Vs UOI AND ORS - Delhi - RAM KISHAN KATARIA VS UNION OF INDIA - Delhi - Lalit Kumar vs Sh. G. Rajeshwar - Central Information Commission
Search Results for "Mustering and Macp"
2018 Supreme(Online)(KER) 39398 • India - High Court of Kerala
P.V.ASHA, J
of their re-mustering. ... Issues: Whether the petitioners are entitled to the benefit of MACP from their re-mustering date. ... Ratio Decidendi: Prior judgments established that MACP benefits should be granted from the date of re-mustering. ... from the date of their re-mustering as Havildhars. ... (C) No.14596/2016 and connected cases, this Court, in the case of similarly situated persons, had directed the grant of benefit of MACP to the petitioners therein with r....
2025 Supreme(Online)(Ker) 33023 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
eligibility for MACP benefits - Petitioners contended eligibility for MACP benefits from initial appointment in 2000 rather than ... (A) Central Civil Services (Revised Pay) Rules, 2008 - Modified Assured Career Progression Scheme (MACP) - Initial appointment and ... Further it is stated that the petitioners’ initial appointment was in Group D employees and in consequence of their re-mustering as Constable they came in Group C, the 1st MACP benefit was granted in the year 2010, whereas the recovery now ....
2016 0 Supreme(Del) 2561 • India - Delhi
PRADEEP NANDRAJOG, PRATIBHA RANI
Reckoning of service for ACP and MACP. ... respondents to fix the basic pay of the petitioners at Rs.6460 from January 01, 2006, and ruled that the length of service for ACP and MACP ... Additionally, the court held that the length of service for ACP and MACP should be reckoned from the date the petitioners were appointed ... Pertaining to re-mustering, deciding a batch of writ petition on March 05, 2015, lead matter being WP(C) 388/2015 Om Prakash & Ors. vs. UOI & Ors. in which the issue of re-mustering#HL_END....
2016 0 Supreme(Del) 2225 • India - Delhi
PRADEEP NANDRAJOG, PRATIBHA RANI
court also noted that the period for reckoning 12 and 24 years of service should be from the date of initial appointment, not re-mustering ... Prem Singh filed by the Union of India was dismissed on May 06, 2016 in which the issue raised was concerning the re-mustered employees of BSF and the exact point was whether 12 and 24 years service should be reckoned from date of initial service or from date of re-mustering. ... Therefore, as per the clarification the re-mustering to the rank of Naik RO is required to be ignored for grant of ACP. ....
2024 0 Supreme(Del) 382 • India - Delhi
V. KAMESWAR RAO, SAURABH BANERJEE
Communication Directorate will issue office order approving re-mustering and promotions based on combined seniority list and availability of vacancies in Communication Sector. ... In the year 2012, several candidates were directly recruited as ASI (T) and their inter-se seniority was fixed as per the provisions contained in paragraph 9.7 (d)(ii) and (e) of the Signal Manual, which reads as under: "d) The seniority on re - mustering from one trade ... commences (D) Issue a Writ of mandamus directing the Respondents to refix the seniority of the Petitioners....
2025 Supreme(Online)(Del) 2381 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
Further, while considering the case of the petitioner, the respondents are directed to ignore re-mustering of the petitioner to the rank of Naik RO, for grant of ACP.” 9. ... Now, the department itself is not considering, the appointment given to Constables on re- mustering as Naik or a Lance Naik as a case of promotion, and thus Signature Not Verified Digitally Signed W.P. ... In view of the above, it is held that for the purpose of ACP/MACP, the service rendered by the petitioner as a Constable (GD) is therefore, to be counted. 10. ... ....
2025 Supreme(Online)(CIC) 2836 • India - Central Information Commission
Vinod Kumar Tiwari, IC
Shri Kalyan Chakravarthy, Senior Accounts Officer explained the misperceived pay anomaly to the Appellant that there is only a month’s difference due to the date of mustering and date of increment being different for the Appellant and for his former colleague (whom Appellant considers his junior). ... He further explained that the Appellant got 1" MACP w.e.f. 07.09.2010, accordingly his basic pay has been fixed. The Appellant got regular Naik promotion w.e.f. 08.09.2018, no pay fixation is involved on this promotion.
2016 0 Supreme(Del) 2354 • India - Delhi
PRADEEP NANDRAJOG, PRATIBHA RANI
Therefore, as per the clarification the re-mustering to the rank of Naik RO is required to be ignored for grant of ACP. As far as the judgments relied upon by the respondents is concerned the same do not deal with the issue in hand and therefore are of no consequence to the present case. ... ... Sub :- REGARDING GRANT OF FINANCIAL BENEFITS UNDER APC/MACP SCHEME – CLARIFICATION. ... Please refer to this Dte letter No.P-VII-52/2012-Estt dated 8/10/2012 and signal No.P-VII-52/2013-Estt dated 3/7/2013. ... 2.
2025 Supreme(Online)(Del) 2283 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
(C) 7706/2021 Page 1 of 7 seniority of the petitioners based on the date of re-mustering and grant all consequential benefits of arrears of pay and allowances,MACP adopting the date of re-mustering as stated above.” 2. ... Issue a writ, order, direction in the nature of mandamus, commanding respondents to treat the re-mustering of the Petitioners from the date of completion for ROG-III Course from 04.12.2002 for Petitioner No.1 & 2 and 09.08.2003 for Petitioners 3 & 4 in the post of Head Constable ( RO ); p
2015 0 Supreme(Del) 911 • India - Delhi
KAILASH GAMBHIR, NAJMI WAZIRI
Making signal plans for force-level exigencies in consultation with OPs Directorate and arrange mustering of staff and equipment from the existing resources. ... l. ... It may also be noted that MACP scheme takes adequate care of stagnation. ITBP, may, therefore, be advised that frequent structural changes in the established cadres should be avoided without very strong functional justification.” ... 8. ... It further drew the attention to the fact that the MACP scheme takes adequate care of stagnation and further suggested that the ITBP w....
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