Macp technical resignation autonomous body past service

Para 9 of Annexure “I” to DOP&T OM dated 19th May 2009 stipulates that “past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall be counted towards qualifying regular service for the purposes of MACPS. However, benefits under the MACPS in such cases shall not be considered till the satisfactory completion of the probation period in the new post”.

Direct Recruitment’ (including reappointment) in the Government. As per the MACPS,  the financial upgradations are to be allowed after completion of 10/20/30 years of continuous regular service from the entry grade. However, in case of Technical Resignations, the past service shall be counted for the purpose of MACP”

You first of all apply for it in writing and insist them to give their reply in writing after which you can pursue the matter legally as per procedures of law through appropriate legal forum for relief and remedy

agreeing with above views I will add that you have not at all indicated whether fresh joining was on the same scele of pay or higher.

The joining was in  exact same pay level in new organization from old organisation (both central autonomous bodies). 

My office has given a written reply that ny case has been considered but deckined based on govt rules. However, they didn't put the rules based on which my application was declined. They just verbally told me the matter regarding autonomous bodym

use RTI. seek copy of the noting leading to this rpely.

Yes, you may get the requisite information under RTI and file a statutory appeal under Rule 23 of the CCS(CCA) Rules.

They are simply denying to give MACP. They are verbally saying that since your past service was in an autonomous body, it cannot be counted for MACP. 

This is despite the fact that both my past and present organisations are Central Government Controlled autonomous bodies and both have adopted MACP, with the permission of parent ministry. 

Also, I applied through proper channel, took NOC and gave technical resignation from past organization, while joining here. My servuce book, leave salary etc all have been transferred. 

This is due to mischievous arbitrariness of the personnel/ establishment officers. 

What is the next solution other than filing writ petition (my organization is not under jurisdiction of CAT).? 

Is there any way, I can approach the parent ministry directly? Will that attract any penalty? 

Given facts do not indicae any greivance on the part of parent Ministry.

You  have to first of all give a detailed representation and if the grievance is not redressed then you can move to CAT.

No CAT case can be filed on the basis of verbal refusal.

They have give written reply "Your request for MACP is not accepted as per rules". They are denying to quote any rules in writing. Basically being malicious. 

My employer autonomous organization is an University, under the Ministry of Education, Government of India. It foes not come under CAT jurisdiction. Unfortunately, I can only file a writ petition in High Court. Very time consuming, complicated and expensive. Is there any other way? 

First you were hinding the fact that you hve been denied in writing.

You cn now move to CAT (within one years of denial).  [if one years has pased there is another method ]

Meet a lawyer  with papers.

Sir, 

Thank you for your reply. 

What I implied was they were denying to put in writing the reason to deny me. They have just vaguely written 'as per rules'.

Can you just tell me one thing? 

Will it be harmful for me(other than obvious time /interest value) if I approach couft after one year? Actually, I am hoping that the current officer will retire by then. And the thing can be relooked afresh then (just hoping). 

The limitation to move to CAT is one year after refusal. Thereafter forget.

If you do not contest your 2nd &  3rd MACP will also be delayed and may even effect pension. (if re-inroduced ever)

Sir, I am really thankful to you for taking out your time and replying. 

My employer office is an Institute of Higher Education and does not come under CAT. It seems my only recourse if to approach High Court with writ petition. 

Also, I lodged a complaint to the Higher Authorities (They are Professors, not with administrative background). One of the professors helped me in tbus. 

After that i have received a letter (in written, on record) my case will be referred to ministry (Ministry of education) for opinion. But, most people including senior Professors who know things told me, if something so trivial is referred to the Ministry, most of the time no reply comes. This is just a ploy to deny me my benefits. 

Thus, 

Is there any limitations to apply in this case? Even if for CAT, the limitation to apply is one year from reply or one year from I became eligible?