APPEAL FILED IN JODHPUR HIGH COURT AGAINST CAT JUDGEMENT
Para – 9 of the Annexure – I to DOP&T OM dated 19.05.2009 provides in clearest terms that “regular service for the purpose of MACPS shall commence from the date of joining of the post in direct entry grade on a regular basis or on absorption/re-employment basis.”
The existing statutory Recruitment Rules of Postmen and PA cadre provide for promotion quota to be filled up through LDCE (Limited Departmental Competitive Examination). Para – 5 of Annexure – I of DOPT Order on MACPS provides for ignoring only the promotions/upgradations granted under the ACP scheme (old scheme) in the past to those grades which now carry the same grade pay due to merger of pay scales/up gradation of posts recommended by 6th CPC. Thus the promotions earned through LDCE are not provided to be ignored.
As per the summary record of discussions of the meeting held on 27.07.2012 with the JCM National Council Staff side on issues relating to MACPS (Annexure III to DOP&T OM No 11/2/2008-JCA dated 13.09.2012) it was decided against item No. 4 that treatment of such cases would be on the lines as was under the ACP scheme (old scheme) and Ministry of Railways would examine the matter accordingly. Para 5.1 of Annexure-I to DOP&T OM dated 09.08.1999 relating to ACP Scheme (old scheme) provides for counting of regular promotions earned through LDCE.
So far as the common Judgment of the CAT Jodhpur in OA No. 382/2011, 353/2011 and 354/2011 dated 22.05.2012 is concerned, the CAT held that whenever and official appears in LDCE and gets selected to the post, them it starts new innings for him and for the purpose of counting his stagnation, if any, from the date of joining of the new post alone would be relevant and his previous career advancement cannot be called as promotion within the definition of the word “promotion” for consideration of his eligibility under MACP scheme.
The judgment referred to above is in contradiction to the provisions of the MACPS as also against the decision of the Government against item No. 4 referred to in Annexure – III to DOP&T OM No. 11/2/2008-JCA dated 13.09.2012.
MACP Scheme is the Scheme formulated by DOP&T, the nodal Ministry in this regard. Department of Posts cannot make any change in the scheme. The Department has accordingly referred the issue to the DOP&T and provided the required Recruitment Rules as called for by the DOP&T.
Keeping in view of the existing provisions of the MACP Scheme as also the decision of the Government against item No. 4, Department has filed writ petition (Appeal) before the Hon’ble High court of Jodhpur.
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