3rd MACP denied on completion of 30 years.

[vijayan valiyapurayil]

i joined Madurai division of S.Rly as ASM in the year 1983 in 330-30-560 grade(after 6th PC,it is 2800 GP).After 2 years, i was promoted to 425-40-640 grade(1400-2300 or 4200 GP). While i was drawing B.pay of 1560/-,in 1989, i joined Palakkad division on unilateral transfer in bottom seniority as ASM on reversion to 330-560 grade and my B.pay was protected at 1560/-.In the year 1992,while drawing B.pay of 1590/-, I was promoted again to 425-640 grade and pay fixed at 1640/-.This B.pay is what I would have received had i continued in Madurai division.Thereafter in the year 2008, i was given MACP to 4600 GP,terming it as 3rd MACP.
Though i sent several letters seeking 4800 GP as 3d MACP on completion of 30 years of service in 2013, no reply received yet.
There is a RLY.board order which says that promotions earned in previous division should be ignored for MACP,if the benefits are not carried on to the new division.Can protecting the basic pay,but with loss of seniority be treated as carrying on the benefits of promotion?
In short, am I not eligible for 3rd MACP of 4800 GP?
Expecting your most valued opinion.

[Dr. Ashok Dhamija]

Your question involves study of detailed facts, including the study of the relevant circulars / orders of the Railway Board. Without seeing the documents in detail, it is not possible to comment accurately on the facts of the case. An advice given without seeing the detailed facts / documents may not be correct. That is why our forum guidelines state that we are not in a position to answer questions relating to detailed facts. You may please consult some local lawyer by showing him full details / documents.

Ultimately, you may have to challenge the Government decision in the tribunal if you are not satisfied with it.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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