OROP .........................................................................26
C. 2. Plea of Discrimination ........................................................................................38
C.2.1 ACP-MACP ...........................................................................................................44
C.2.2 Financial Implications ......................................................................................46
C.2.3 Average ... Commissioned Officers should be given the pension of Lt. Colonel
8
“MACP”
14
PART B
since Commissioned Officers now automatically become Lt.
Colonels after thirteen
these
batch matters, we are concerned with the question whether
MACP Scheme entitles financial upgradation to the next grade
pay or to the grade ... main questions falling for consideration in these
appeals are:-
(i) Whether MACP scheme entitles financial upgradation of
pay to the next grade
They
5
claim that the benefit of the Modified Assured Career
Progression (‘MACP’ for short) was denied to them on the
ground that the MACP ... approached the AFT
praying that they are entitled to the benefit of MACP w.e.f.
01.01.2006, i.e., the date from which the recommendation
relate to the Modified Assured Career
Progression Scheme1, namely:
(a) Whether the MACP Scheme is applicable and to be
implemented with effect from 1st January ... with
effect from 1st September 2009?
(b) Whether under the MACP Scheme the respondents are
entitled to financial upgradation equivalent
financial upgradation
under the Modified Assured Career Progression Scheme (hereafter called
"MACPS", for convenience), the writ petitioners approach this Court
under Article ... which rejected their claim for third
financial upgradation. In terms of the MACPS, an employee is entitled to
assured career progression at 10 years
financial upgradation for the purpose of Modified Assured Career
Progression Scheme (MACPS)".
3. We will go to the facts later, first the MACPS ... Central Pay Commission recommendations contained in Para
6.1.15 of its report, the MACPS. As per the recommendations
Financial Upgradation under the Modified Assured
Career Progression Scheme (MACPS) issued by the Department of
Personnel and Training (DoPT) by an office memorandum bearing ... their third financial upgradation on completion of 30 years under the said
MACPS. According to the respondents, the only thing that has to be seen
effect from 01.09.2008, the respondent-department adopted the Modified Assured Career Progression (MACP, for short) Scheme prescribed by the Government of India ... through Annexure A/3, applicant was provided 3rd financial upgradation under MACP Scheme w.e.f. 01.09.2008 the date of coming into effect
refer to the provisions of the Modified
Assured Career Progression Scheme (MACP Scheme, for short). The
respondent is an association of Pharmacists in the CGHS ... counted and
treated as the first financial upgradation under the MACP Scheme?
6. By letter dated 16th July, 2010, the Director Administration (CGHS
instituted by the petitioner
seeking benefit of Modified Assured Career Progression
(MACP) with effect from 1st January, 2006 along with all other
consequential benefits ... learned Counsel for the respondents submit that the
benefit under the MACP cannot be regarded as any part of the
pay structure extended
