I had joined my organization (Autonomous body governed by CCS rules) in 1988
 In 1992 I left the organozation  ( unauthorized) and returned in 1993 after a gap of 15 months. The disciplinary proccedings ahainst me were dropped at the behest of the competent authority. I was granted lien and allowed to join my subtantative post. 
In 1996 I was promoted to anothe post of higher grade pay and PB in the same organization  by absorbtion method. 
I received financial upgradationunder MAVP in 2006 ( retrospective)
I am due for another financial upgradation under MACP since 2016. 
My fitness for such upgradation is in place for having scored Very Good in my APARS..
However the Organization is still in dilema as whether to apply  dies non  for my absence in 1992-93 ( 15 months)  and defer my MACP  till those 15 months are NOW  covered..That means the Organization is of the opinion that my MACP be deferred till 2019.
Will they be constitutionally right to do so?
Asked 4 years ago in Constitutional Law

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6 Answers

If you are eligible for the promotion than yu are entitled to get it. Your earlier disciplinary proceedings were dropped at the behest of the authority and therefore they cannot they the shield of the said proceeding and stop and or restrain your promotion. If they do so than you have the right to file a writ petition before the high court.

Sanjoy Bose
Advocate, Kokata
17 Answers

4.9 on 5.0

Hello sir , it depends upon the discretion of company directors to decide whether to grant it or not .. Thier are no constitutional provisions regarding it

Hemant Chaudhary
Advocate, Gurgaon
4615 Answers
54 Consultations

4.9 on 5.0

Once the proceedings against you for your unauthorised absence have been already dropped, you cannot be disadvantaged at this stage because of the same. Hence, the proposal to defer your financial upgradation will 2019 in bad.

Move a representation seeking your immediate consideration in the MACP.

Approach the High Court if the needful is not done.

Vibhanshu Srivastava
Advocate, New Delhi
9350 Answers
215 Consultations

5.0 on 5.0

The actions of the competent authority is surely without any basis at all.

Once you were inducted on lien and then given both functional and nonfunctional promotion then they cannot retract your position and revert to earlier position of unauthorised leave for the same.

The present non functional promotion would not cover the period when you were absent without proper authority and if that is so then you can not adjust that period by keeping you held up for such a long time.

if they do you cna challenge that decisison beofre the SAT

You may feel free to contact if you need assistance on this account.

You have a very good case.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
364 Consultations

5.0 on 5.0

Instead of looking for constitutional rights, yo may see that under which CCS section or rule that they are trying to with hold the same or are trying to look for grounds to cover the dies non period for this promotion?

You my make a representation to the higher authority, let them refer the matter to the audit team and get their approval in case they are unable to decide on the validity

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

The MACP Scheme for Central Civilian Clarification Government Employees is in

supersession of earlier ACP Scheme . Under the MACP Scheme three financial Up-gradations are allowed on completion of 10, 20. 30 years of regular service, counted from the direct entry grade.

The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part -A of the first schedule of the CCS ( Revised Pay) Rules 2008, in case no I ( promotion has been earned by the employee 1 during this period.

The financial upgradation would be on non- 1 functional basis subject to fitness in the

hierarchy of pay band and grade pay within PB-

1. Thereafter, only the benchmark of 'Good' would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be 'Very Good' for Financial upgradation to the grade pay of Rs.7600 and above. However, where the Financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 of the Scheme, the benchmark for promotion shall apply to MACP also.

OM.N0.35034/312008-Estt(D) dated 0111 112010

T Kalaiselvan
Advocate, Vellore
74484 Answers
1226 Consultations

5.0 on 5.0

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