ACRs with below benchmark grading considered in post DPCs- Regarding


No.21011/1/2010-Estt.A
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training 

North Block, New Delhi,
Dated the 28th September, 2012

OFFICE MEMORANDUM

Subject: ACRs with below benchmark grading considered in post DPCs- reg.

The undersigned is directed to refer to this Departments OM of even number of even number dated 27th April, 2010.

2 In above mentioned OM dated 27th April, 2010, in the light of Orders issued by Honble Supreme Court in the SLP(Civil) No.15770/2009, Union of India Vs. A.K.Goel & Ors., all the Ministries/ Departments were advised that wherever petitions have been filed in the court to grant relief on the basis of the decision of the Supreme Court in Dev Dutt case (Civil Appeal No.7631 of 2002), the latest Orders of the Supreme Court in A.K.GoeI case may be brought to the notice of the Court.

3. The Supreme Court in the SLP in Uttam Chand Nahta’s case (SLP Civil Appeal No.29515 of 2010) by order dated 20/24th December, 2010 not only tagged the SLP with A.K.Goel case but also directed that status quo in the DPC proceedings which was subject matter of dispute before the CAT/High Court, shall be maintained (copy enclosed). In Uttam Chand Nahta’s case, the Supreme Court has duly taken note of Abhijit Dastidar case 2009 (16) SCC 146 while granting stay of the High Court order.

4. In view of above it is reiterated that wherever petitions have been filed in the court to grant relief on the basis of the aforesaid decision of the Supreme Court in Dev Dutt case, the Orders of the Supreme Court in Uttam Chand Nahta's case (SLP Civil Appeal No.29515 of 2010) by order dated 20/24th December 2010 case may be brought to the notice of the Court. While all such petitions are required to be appropriately defended, the "limitation period" for filing review petition should also be strictly followed.

Encls : A/A

sd/-
(Mohinder Kumar)
Director (E-II)

Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/21011_1_2010-Estt.A-28092012.pdf]





Comments

Anonymous said…
sir, i had joined as LDC(pay scale-925- on 19.07.1982. consiquent upon my appointment as Investigator(pay scale -RS 1400-2300) which i had applied through proper channel i joined as investigator on 24.08.1983. whether i am eligible for third MACP on 19.07.2012 if yes from which scale. my pay in the last scale by 19.07.2012 is 20720+4800 (GP)........R.Sethy.NSSO
January 31, 2013 at 1:06 PM
Anonymous said…
I am working in an autonomous body funded by HHRD,Govt. of India. I was promoted to the post of clerk w.e.f. 11.7.94 in the pay scale of Rs. 3120-5160 and further placement after 05 year 11.07.1999 in the pay scale of Rs. 4400-7000 of Pb. Govt. pay scale. Now the MHRD has take a decision to shift the employees working in Pb. Govt. pay into the Central Govt. pay scale w.e.f. 01.01.2006 and mapped the scale into the Central Govt. pay scale. My pay scale of Rs. 4400-7000 has mapped with Central Govt. pay scale of Rs. 4500-7000/- and Granted GP of Rs. 2800/-. It is to clarify that from which date I am entitled for MACP and how many MACP be granted
September 5, 2013 at 3:17 PM
Unknown said…
Sir, i had joint in Railways on 2007. After 8 years i need mutual transfer of other Railway person whose appoinment was 2013. So my seniority loss of 8 years as per railway extent rules. Can this effect for MACP also?
July 24, 2015 at 5:09 PM
Unknown said…
I am Working in Goa Government department. I join as group B gazetted officer with scale as per six pay 9300-34000 +GP 4600. And as per Recrutment rule there are no promotion yet all in department ( No promotional avenue ). As per my understanding if employee complete 10 years of regular service then he/she get first MACP.. but my case there are no promotion in department yet all.. so which scale i will get after 10 years of my completion..
December 7, 2016 at 5:47 PM
Sunshine said…
Sir,I joined Rlys in 1995 as TNC through RRB ,took own request interrailway transfer in 1997,got bottom seniority in same scale n pay.Again on marriage grounds took inter division transfer with bottom seniority,cleared GDCE n changed category to commercial department in bottom seniority,in 2004 cleared seniority test but without joining went for training n posting to a higher grade inter departmental post after clearing written examination,finally I get 1st MACP in 2015 (Dar between 2014 April -2015 March.is this correct ?
December 21, 2016 at 7:00 PM
Unknown said…
sir,
I have joined Railways as TCM-III 3050-4590 according 5th Pay commission in 2001 then promoted as TCM-II 4000-6000 according 5th pay in 2003 then selected by departmental open exam for Public Relations department cadre as 4500-7000 as 5th pay in 2006 then promoted senior PRI 9300-34800 GP 4200 according 6th pay commission in 2008.
kindly suggest me that I am eligible or not for 3rd MACP in 2018 as 10 year continues service in same Pay Grade on email ID akChouhan2050@gmail.com
September 20, 2017 at 1:23 PM
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