Hence earlier service has to be treated as
regular service for ACP/MACP as per paragraph 9 of the O.M
dt.19.5.2009 ... introducing ACP/MACP. It is stated that the
Government of India had clarified the position that where a
W.P(c).Nos.11529/2015, 11531
insofar as Clause 5 and
Clause 8 of the MACPS. As per the ACPS, two financial
up-gradations were granted on stagnation, on completion ... which MACPS was implemented, on which Clause 5
applies squarely. Hence, we found; on implementation of
MACPS, the promotions or up-gradations (ACP
that though adhoc service cannot be
counted for the purpose of ACPS/MACPS (Modified Assured
Career Progression Scheme), the temporary service which
was regularised cannot ... Department as to adhoc service not being counted for
ACPS/MACPS cannot be sustained in the teeth of the decision
of the Honourable Supreme Court
break in service has to be reckoned for the purpose of ACPS and
MACPS. Admittedly, the 1st applicant was granted first financial ... after 24
years, when ACPS stood modified. The ACPS was introduced
with effect from 09.08.1999 and MACPS was with effect from
1.9.2008. Reckoning her regular
adhoc basis. While he was
continuing so, he sought for ACP and MACP.
3. The respondent granted ACP and MACP by
Annexure ... Group D cadre. Such grant of
ACP and MACP resulted in the pay entitled to him in
the post of Technical Mate getting reduced
benefit of an
employee for consideration of financial upgradation
under the ACPS and MACPS as has been earlier found
in Union of India and others ... that event necessarily there
should be a revision of MACP. The second financial
upgradation under ACP as also the third upgradation
under the MACP which
gradation under the 'Modified Assured Career Progression' (MACP)
Scheme (hereinafter referred to as MACP for short). The petitioners
say that the respondent ... Assured Career Progression Scheme (ACP),
the respondent was granted the benefit of 1st and 2nd ACP at 12 and 24
years counting his service from
basis, which
however is not claimed for the purpose of grant of ACPS. The
applicant's claim is that he was appointed ... that point of time.
3. The applicant was granted the first ACP up-
gradation on 09.08.1999, on completion of 12 years from the
date
clause 25 of Modified Assured Career Programme Scheme (for
brevity 'the MACP Scheme') which as extracted in the order of
the Tribunal ... Upper Division Clerk (UDC) in 1998. The Assured
Career Progression Scheme (ACP) came into effect in 1999 which
skilled category, he was eligible to get the 2 nd
ACP at a higher scale of pay, which is not disputed by the
respondents ... TOGETHER WITH
EXTRACT OF TEMRS AND CONDITIONS
PRESCRIBED BY THE GOVERNMENT FOR MACPS
EXT.P5: A TRUE COPY OF THE ADDL. REPLY
STATEMENT
