Civil case

Usha ajwani v union of india

Brief Facts of the case

1. The applicant was due for 3rd financial upgradation under MACP scheme w.e.f
01.09.2008
2. After completed the 30 years of service in the pay scale of 9300-34800 with
grade pay of rs 4600 which was not allowed due to below the bench mark ACRs
as provided in OM no. 35034/3/2008-
3. The competent authority has declared the applicant unfit for 3rd financial up-
gradation under MACP scheme due to below the bench mark.
4. The MACP benefit is granted only too those officials who could not be
promoted to higher responsibility post due to non – availability of vacancies
etc.
5. Communication of below bench mark grading in ACR come in to force only
after the OM
6. It is submitted that reasons for rejection has been given in order dated 13.09
.2011
7. The promotion granted by the earlier DPC / competent authority is on the basis
on the promotion criterion fixed by the DPC .
8. However for 3rd financial upgradation under MACP scheme according to ACRs is
absolutely in order as the MACP cant be granted to an employ having below
bench mark grading in ACRs as per rules framed as under DOPT OM no.
35034/3/2008-estt(d) dated 19.05.2009.
9. the promotion has been granted from steno ii to steno I by EC iv section based
on the then constituted DPC.