In the present scenario, you may file a case in CAT for the MACP
MACP
I HAVE JOINED MIN.OF woman and child development on 21.06.1996 as Lab. assist.. I have got first ACP on 21.06.2006 after 12 Years on grade pay of rs 4200/- . My next MACP was due on 21.06.2016 after 20 years of service. But in between I am selected next higher post Demonstration Officer grade pay same as Rs 4200/- in a open selection as departmental candidate on 12.07.2012.with out any increment or benefits. know department is not giving me any MACP benefit which was due 21.06.2016. I think this is injustices with me. My junior is getting more grade pay then me. what should I do ? Many representation I have submitted, but not getting any reply from deptt.
Asked 7 years ago in Labour
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8 Answers
File case before CAT or Writ in high court.
Hello,
You must file a writ petition of mandamus before the HC under article 226 of the Constitution. Get in touch with some lawyer who may help you with regards to this.
Regards
Dear client,
I would suggest you as per your question you can file case in CAT or you can go for writ jurisdictions as per Article 226 of the Indian constitution of law.
File a case before CAT for MACP or writ in hc
Refer to your Service Rules on hike of salary.
Salary or grade of an employee can not be stopped when others in the same seniority is hiked unless there is disciplinary proceeding ad there is an order against him.
in absence of it the same amounts to depriving your constitutional and legal rights in remedy of which you can file case either in the Administrative tribunal or the High Court.
In spite of you have been selected in open selection being a departmental candidate but you are entitled for the fixation of pay by fixing your pay in the same scale to a higher slab,please go through the below guidelines:
No. 28020/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
******
North Block, New Delhi
Dated the April, 2016
Modified Assured Career Progression Scheme (MACP) applicable to Central Government Employees.
The very idea of Career Progression granted Central Government Employees is to provide additional pay benefits in the form of Financial upgradation when regular promotion is getting delayed due to stagnation.
6th Pay Commission recommended a modifed version of ACP for its operation in Running Pay Band and Grade Pay Concepts introduced by it.
Even if next grade pay in grade pay hierarchy is same as Grade Pay received prior to upgradation or the same is less than the Grade Pay applicable to next post in the promotion hierarchy, Central Government Employees will have to settle with upgradation to next Grade Pay only.
Though Pay fixation method on grant of MACP will be same in all cases, application of the same would slightly differ depending upon the Date of MACP. This is mainly because decision of Govt on 7th Pay Commission implementation envisages two dates for annual increment viz., on 1st January and 1st July based on the date of entry in to service, date of promotion or MACP.
If you feel that the authorities do not lend a sympathetic ears to your representations, you may approach CAT for relief through legal sources.
