Career Progression/Modified Career Progression (hereinafter
referred to as the 'ACP/MACP') to the employees of the Water
Resources Department have been reviewed ... challenge in so far as it modifies the
order granting 'ACP/MACP' of the petitioner whose names appears
Patna High Court CWJC
approached this Court with a prayer for granting the
benefits of ACP/MACP, which has not been paid to the petitioner inspite of
rendering more ... made to fix the pay scale after granting the benefits of ACP/MACP and accordingly,
fix the pension and pay the arrears accrued on account
reckoned for the purpose of ACP Scheme is incorrect.
d) That the ACP/MACP Schemes provides for grant of financial upgradation
to the employee subject ... account for the purpose of grant of
financial upgradation under the ACP/MACP Scheme. In respect of many other
categories, DoP&T- the nodal
ACP guaranteed career
progression after completion of 12 years of service. The precondition for
the applicability of ACP and MACPS is that the concerned officer ... completion of 10 years, she or he cannot avail the ACP/MACPS
benefit upon completion of 10 years and would instead have to wait
basis of a reasoning
that the financial upgradation under ACPS/MACPS cannot be to
higher grade pay than what is allowed to an employee ... MACPS."
RBE 142/2012 runs as follows :
"Subject: Grant of financial upgradation under MACP Scheme-
Clarification reg.
[No. PC-V/2009/ACP
previous ACP Scheme
and the clarifications issued under the ACP Scheme. Paragraph
9 of the O.M. had stated that the MACP Scheme would ... ACP/MACP
during the said period or it would amount to rewriting of the
MACP Scheme (inasmuch as it would result into MACP being
applicable
Department, Deoghar whereby his claim for benefits under Time Bound
Promotion/ ACP/ MACP Scheme has been rejected on the ground that he has
not passed ... upon
the respondents to grant him benefits of Time Bound Promotion/ ACP/
MACP Scheme, as was given to his counter parts.
3. The factual exposition
respondents, the financial benefits available to
the petitioners under ACPS/MACPS are as under:-
Sl Pay Pay Scale Grade Remarks
No. Band ... public organization is unable to provide
promotional avenues, it implements ACPS/MACPS as recommended by
the Pay Commission. The ACPS/MACPS was introduced with
counted in the period of service for granting benefits of ACP/
MACP.
It is submitted that petitioner was appointed on 10.10.1980 to the post ... Central Government or other State Government for the purpose of
ACP/MACP and case of the petitioner does not come under the matter of transfer
Petitioners have approached this court with a prayer for grant
of ACP/MACP to the petitioners which has never been provided to the
petitioners till ... letter dated 22.3.2017,
the recommendation has been made for grant of ACP/MACP to the
employees who were working since 27 to 30 years