Acp vs macp
prabhakara rao
(Querist) 14 September 2013
This query is : Resolved
After the implementation of 6th pay commission recommendations central Govt. changed the conditions for grant of Financial up-gradation after 12 years(ACP)with pay benefit of next promotional grade in the hierarchy of promotional grades to with pay benefit of only next grade pay after ten years in the hierarchy of grade pays (MACP) and made effective from September 2008. I am due to get my MACP in February 2009. and I did not got the same till now (not insisted as it was not beneficial rather, old ACP is more beneficial). Recent court orders passed in some cases are more beneficial in my case. I also want to file a case in CAT. should I file the case now itself or should I wait till getting of MACP which is not beneficial to me. whether cause of action arises if I file the case now? because I did not got any MACP till now which is nor beneficial me? I did not refused MACP
Sudhir Kumar, Advocate
(Expert) 15 September 2013
repeated http://www.lawyersclubindia.com/forum/Cause-of-action-for-filing-a-case-against-macp-for-govt-emp-88549.asp#.UjUv_H_Qzmk
prabhakara rao
(Querist) 15 September 2013
in the following cases different courts have passed favorable orders to grant MACP according promotional hierarchy.
(1) Hon'ble Punjab & Haryana High Court (CWP NO. 19387 of 2011(O&M)date of decision 19.10.2011
(2) Principal CAT (OA 902/2012 date of decision 26.11.2012.
(3) Supreme court CC 7467 /2013
Sudhir Kumar, Advocate
(Expert) 15 September 2013
Principal CAT (OA 902/2012 pertains to an appeal against penalty
The applicant, a Postal Assistant under the Department of Posts has challenged the impugned order dated 31.03.2011/15.04.2011. He has been awarded a penalty of recovery of Rs.28775/- @ Rs.5000/- per month from his pay with penal interest since January, 1998. The recovery has been directed to be started from the pay of April, 2011. As per the averments in the OA, an appeal dated 01.06.2011 addressed to the Director, Postal Services (respondent No.2) has still been kept pending.
2. It is submitted by the applicant that the impugned order has been issued without an inquiry. The case had pertained to the year 1997-1998 of Bareilly Division and the Sr. Superintendent of Post Offices, Bareilly Division in his letter dated 10.07.2002 had ordered that No documents and suitable grounds were found against the official for departmental proceedings.
After hearing the learned counsel and perusing the material on record, we find it appropriate to dispose this OA at the admission stage itself by a direction to the respondent No.2 to decide the appeal of the applicant within a period of two months from the date of receipt of a certified copy of this order, by a speaking and reasoned order. Further, as per the interim relief prayed in the OA, the respondents are also restrained from making further recoveries from the pay of the applicant pursuant to the impugned penalty till the dismissal of the appeal by the Appellate Authority, as per our above directions.
Registry is directed to serve copy of this order alongwith a copy of the OA to the Respondent No.2 by a special messenger.
( Dr. Dharam Paul Sharma ) ( Dr. Veena Chhotray )
Member (J) Member (A)
Sudhir Kumar, Advocate
(Expert) 15 September 2013
CWP NO. 19387 of 2011(O&M)date of decision 19.10.2011 pertains to an isolated post.
prabhakara rao
(Querist) 15 September 2013
please refer the following link
http://www.gconnect.in/orders-in-brief/macp-orders-in-brief/macp-in-the-hierarchy-of-the-promotional-grade.html
