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P S Jaya sankar   19 October 2023

MACP clarification

My employer follows MACP as per DOPT.
My service terminated on 2018 based on deptt proceeding and reinstated by deptt by considering departmental appeal in 2020 treating intervening period as "on duty" and paid salary for the period. my reinstatement letter has no mention on my MACP.
My request for MACP in 2023 rejected stating deferrment by said period of 28 months. I am due for retirement in Apr 24, so benefit of MACP is deprived.
Is it correct for employer to reject, when duration declared as "on duty"
please clarify, how to proceed. any case law pl. kindly inform


 9 Replies

Real Soul.... (LEGAL)     19 October 2023

File complaint in labor court

P S Jaya sankar   20 October 2023

for autonomous bodies, labour court is not jurisdiction

Sudhir Kumar, Advocate (Advocate)     23 October 2023

given facts indicate the the decisionis wrong.


Your asertion that

"for autonomous bodies, "labour court is not jurisdiction" is also not fully correct.  If the employee concerned (by virtue of nature of duties) is eligible for move to labour court then he is eligible to move to labour court.  Many central govt employee also go to labour court.


Give facts also do not indicate whether the authornumous body is in CAT jurisdiction.


P S Jaya sankar   23 October 2023

ok sir with factual info I will write to my employer. As far jurisdiction, a case filed by my colleague in High Court dismissed with direction to approach CAT. For inf.

P. Venu (Advocate)     23 October 2023

You have already posted too many query in this platform. 

 It appears that you were terminated from service and has since been reinstated. However, there has been many  hiccups in regulating incidental service benefits. 

As such, any meaningful suggestions requires that precise and complete facts be posted.

Furthermore, you are well aware that CAT has jurisdiction and you had appeared in person. Hence why this hide and seek as to basic facts?

P S Jaya sankar   23 October 2023

Sir, No hide and seek. Limitation of unable to share doc, perforced to keep query in precise. Anyhow, thanks

Sudhir Kumar, Advocate (Advocate)     25 October 2023

now you know that you are inCAT jurisdiction.

P. Venu (Advocate)     25 October 2023

The querist's earlier postings repays study -

I. I was employed by an autonomous body on daily wage basis in 1998 for 5 years and after 4 year break (due maternity ground) again was employed on daily wage in 2006 and in continuation was given monthly salaried contractual employment status in 2008 which continued till 2016. My service was discontinued in 2016 end. So, approached CAT with service details. Respondent , wilfully denied service duration. Tribunal, not given heed to my averment and dismissed OA given weightage to false averment of opposite party. Hence, approached HC under appeal, but no hearing even in more than one and half year. Frustrated. Moved Tribunal to get Gratuity. Respondent accepted duration. Adjudication in progress. So, is there any way to request Tribunal to recall their judgement as now it is established that Tribunal’s acceptance of false averment of respondent prejudiced the applicant, as I have no hope in HC due slow progress, large pendency and no consideration by CJ to my personal plea also for early listing. Please suggest, as I feel gross injustice by CAT. please suggest

Read more at: https://www.lawyersclubindia.com/forum/how-to-take-up-prejudice-by-cat-225745.asp

II. Shri. Venu sir. Thanks for input. The order has not brought the facts, which indeed shook my confidence on Judiciary. eg. in OA 397 ( Referred in 255} is having valid stay on continuance of disciplinary proceeding and a fine of Rs.5000/- on respondent for violation. This non-vacated order and OA 397 was merged with 255. Still, AT, for reasons better known to it, preferred not to bring it final order.Be that as it may be including my conduct. just need clarity as when some % vitiation exist in the eye of law, should it

Read more at: https://www.lawyersclubindia.com/forum/competency-of-disciplinary-authority-222171.asp

Sudhir Kumar, Advocate (Advocate)     25 October 2023

how many threads he has on the same issue?

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