When will I get my MACP if my pay was protected on reappointment?

  1. Recruited as SK in NSRY portblair in 25 Jun 1996
  2. Promoted as HSK-II in May 2003
  3. De promoted as SK through absorption under Direct recruitment(wrote exam)at Naval Dockyard Vizag on 27 Jun 2008.
  4. Now reappointed as SK in Naval Dockyard Vizag from 27 Jun 2008
  5. My pay was fixed equal to SK pay where my HSK-II pay was earlier but grade pay was fixed at 1900/-(where HSK-II= 2400/-) under pay protection

Question

  1. when will I get my first ,second ,third MACP
  2. At what grade pay I will be fixed in first,second,third
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152910015132017_1.pdf (130.5 KB)

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The details provided are insufficient to understand the issue in-depth. However, the following answer is based on some assumptions as detailed under:
As per Consolidated guidelines - MACPS - DoPT O.M. No.35034/3/2015-Estt.(D) dt.22.10.2019, the guiding principle to be eligible for MACPS is - 10 years of continuous service in the same Level in Pay Matrix.
In this case, I suppose that the employee voluntarily joined a lower post through Direct Recruitment. If the employee voluntarily proceeds for a lower post, his career progression is not stagnated due to lack of opportunities. The pay might have been protected under F.R.22-B(1).
As such, his MACP will be due in 2018, 2028 and 2038 or 30 years of service, whichever is earlier.

My question is the employee came on lower post from higher post so when will be his first MACP given if his past promotion is ignored for calculating his MACP

Please eloborate and send any court orders or dopt letters for similar case.

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Please clarify the following to give an elaborate answer and to quote relevant orders/judgments:

  • Whether appointment as SK at Vizag was through proper channel?
  • Whether there was any technical resignation applied by the employee and accepted at Portblair
  • Whether the past service was counted at Vizag?
  • Whether the employee is governed by Old Pension Scheme / NPS?

1)Yes Appointment as SK at vizag was through proper channel
2)Yes Technical resignation applied and accepted at Port Blair
3)Past service was counted only pension and gpf benefits.our seniority in the new unit became zero.we lost 12 years seniority.
4)Yes we are considered for Old pension scheme
Suggestion if any to these questions below may be given
1)As per MACP orders released time to time if past promotion may be ignored and past service may be counted for calculating MACP then when will be first MACP awarded.
2)please send orders relating to this if any
3)our department interpretation is that as per MACP orders individual has to revert to lower post in the mother unit and he has to come to lower post to the new unit
4)can u explain how this is possible I have applied to lower post and I will be reverted to lower post if I report to new unit
5) sir once again thank u for your concern

Hope this is relevant. Since appointment to lower post is through proper channel, and the service was counted and that the appointment is at the own volition of the employee, past promotion is to be ignored. @shyamkumar_dadi