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prabhakara rao (service)     14 September 2013

Cause of action for filing a case against macp for govt. emp

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 not  beneficial to me? I did not refused MACP 



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 4 Replies

Sudhir Kumar, Advocate (Advocate)     15 September 2013

ACP scheme 199 is not available in Feb 2009 so you cannot claim it even if it is more beneficial. 

 

You are referring to some court judgement but are not able to quote even a single of them.

 

 

 

Given facts do not indicate any enforeceable right in CAT.

Sudhir Kumar, Advocate (Advocate)     15 September 2013

repeated https://www.lawyersclubindia.com/experts/Acp-vs-macp-422931.asp

prabhakara rao (service)     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 904/2012 date of decision 26.11.2012.
(3) Supreme court CC 7467 /2013


Sudhir Kumar, Advocate (Advocate)     15 September 2013

repeated clarification on repeated query.


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