Grant of modified assured career progressive scheme - reg.
Vasudevan
(Querist) 08 January 2025
This query is : Open
Respected Learned Experts, I am a Central Government Servant governed by CCS Rules. I am entitled for MACP benefits in 2008 itself. I had faced two criminal cases in the year 2009 and 2010 (cognizance taken by the court) and one departmental enquiry in 2011. In 2009 case, I was acquitted and 2010 case, I was convicted for which an appeal is lying before the High Court. Before conviction in 2010 case, I was imposed with the penalty of compulsory retirment in the departmental enquiry in the year 2017. My MACP benefits refused by the department in August 2024 citing the above cases. All these cases were occured subsequent to my date of entitlement of MACP. Hence, I had filed an OA before the Central Administrative Tribunal and appearing as Party In-person. The tribunal is questioning the delay. I had filed OA within two months of the receipt of the department order. However, the Tribunal is observing the the cause of action araised in 2008 itself, it is too late to admit the OA. Becuse of the refusal of MACP, my salary and pension receiving right now is affected and therefore it has a recurring nature of injustice. The Tribunal adjourned the case with direction to file the reasons for the delay from 2008 onwards. Kindly guide me whether the cause of action arise from the due date of elgibility of MACP or from the date of the order passed by the department? Please also clarify whether I have any immunity on the basis of the recurring loss in mopnthly pension which I presume has resulted in creating fresh cause of action every month?
As I am appearing as Party In person, I request the Hon'ble Forum kindly to guide in the matter and judgment if any in the matter may also be shared please.
Thanks in anticipation.
