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MACP snatching away ACP better benefit by retrospective implementation struck by Madras High Court!
WP No.33946, 34602 & 27798 of 2014.
WP No.33946 of 2014.
The MACP was implemented retrospectively w.e.f 1.9.2008 vide GO dated 19.05.2009. We know under ACP system officials were allowed upgradation on par with hierarchical promotion. MACP granted only to next Grade Pay hierarchy. Many officials became eligible for ACP during the period between 1.9.2008 and 19.05.2009 were denied better upgradation under ACP but given only lower upgradation in GP hierarchy under MACP. Many affected officials in Defence services approached CAT Madras and won their prayer. Admn appealed in High Court Madras. Recently High Court has dismissed the writ appeals and held that any better upgradation under ACP cannot be denied by ordering MACP retrospectively. Thus officials eligible for upgradation on par with hierarchical layer during 1.9.2008 and 19.05.2009 will get upgradation under earlier ACP scheme.
For full text judgment please Click here
This judgment opens the doors for any Postal employees who were under TBOP/BCR scheme and were denied BCR during 1.9.2008 and 18.09.2009 (the date of issue of MACP orders by DOP). Some Group D promotees who were promoted to Postman, and later on to PA/SA cadre were given TBOP earlier but was denied any more upgradation under MACP. Now, if such officials were found to be eligible for BCR by virtue of their 26 years of service in PA/SA cadre during 1.9.2008 and 18.09.2009 are free to claim their BCR under the weight of this judgment. - KR GS AIPRPA
WP No.33946, 34602 & 27798 of 2014.
WP No.33946 of 2014.
The MACP was implemented retrospectively w.e.f 1.9.2008 vide GO dated 19.05.2009. We know under ACP system officials were allowed upgradation on par with hierarchical promotion. MACP granted only to next Grade Pay hierarchy. Many officials became eligible for ACP during the period between 1.9.2008 and 19.05.2009 were denied better upgradation under ACP but given only lower upgradation in GP hierarchy under MACP. Many affected officials in Defence services approached CAT Madras and won their prayer. Admn appealed in High Court Madras. Recently High Court has dismissed the writ appeals and held that any better upgradation under ACP cannot be denied by ordering MACP retrospectively. Thus officials eligible for upgradation on par with hierarchical layer during 1.9.2008 and 19.05.2009 will get upgradation under earlier ACP scheme.
For full text judgment please Click here
This judgment opens the doors for any Postal employees who were under TBOP/BCR scheme and were denied BCR during 1.9.2008 and 18.09.2009 (the date of issue of MACP orders by DOP). Some Group D promotees who were promoted to Postman, and later on to PA/SA cadre were given TBOP earlier but was denied any more upgradation under MACP. Now, if such officials were found to be eligible for BCR by virtue of their 26 years of service in PA/SA cadre during 1.9.2008 and 18.09.2009 are free to claim their BCR under the weight of this judgment. - KR GS AIPRPA
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