Delhi HC Judgement on MACP
IMPORTANT - DELHI HIGH COURT JUDGEMENT ON MACP
IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 06.07.2017
Pronounced on: 20.12.2017
W.P.(C) 9357/2016
HARI RAM & ANR ..... Petitioners
Through : Ms. Jyoti Singh, Sr. Advocate with
Sh. Padma Kumar S., Sh. Amandeep Joshi and Sh. Himanshu Gautam,
Advocates.
versus
REGISTRAR GENERAL, DELHI HIGH COURT..... Respondent
Through : Sh. Sanjoy Ghose, Sh. Rhishabh
Jetley, Ms. Pratishtha Vij and Sh. Urvi Mohan,
Advocates
CORAM:
HON'BLE MR. JUSTICE S. RAVINDRA BHAT
HON'BLE MR. JUSTICE S.P.GARG
S. RAVINDRA BHAT, J.
1.
Complaining of unjustified denial of third financial upgradation
under the Modified Assured Career Progression Scheme (hereafter called
"MACPS", for convenience), the writ petitioners approach this
Court under Article 226 of the Constitution for appropriate directions.
2.
Both the petitioners joined the establishment of the High
Court initially in the cadre of Upper Division Clerk [UDC] (the first
petitioner on 05.09.1998 and the second petitioner on 22.10.1984) from
which they were promoted to the cadre of UDC (again on
05.09.1998 and 13.05.1999 respectively) and finally to
the cadre of Reader (first petitioner on 09.10.2007 and
second petitioner on 18.07.2008). The action impugned is the
denial of their claim for a third financial upgradation. The
petitioners challenge an order of the Screening Committee
of the High Court which rejected their claim for third
financial upgradation. In terms of the MACPS, an employee is entitled to
assured career progression at 10 years' intervals - thus, the first
financial up-gradation is after 10 years of service; the second
after 20 years of service and the third, on completion of 30 years of
service.
3. The MACPS had its precursor in Assured
Career Progression Scheme (ACP), formulated by the Central Government
and brought into force with effect from 09.08.1999. The
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 or employee should not have been
promoted. As corollary, in the event of promotion, the
concerned career progression benefit at the appropriate stage was
to be denied. For instance, if an individual is promoted before the
completion of 10 years, she or he cannot avail the ACP/MACPS
benefit upon completion of 10 years and would instead have to
wait for the completion of 20 years for the second upgradation,
provided she/he is not promoted a second time in the career.
Initially, upon the publication of the ACP, several queries were
urged and doubts sought to be allowed, through an Office Memorandum
containing clarifications to Frequently Asked Questions. The first
of these - applicable to the ACP was published on 01.02.2000.
The second was made applicable after the MACPS was brought into
force, i.e. 01.09.2008 (through the OM dated 19.05.2009).
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