NDLI: Union of India and Others Vs. M. V. Mohanan Nair

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Constitution of India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Service Law – Modified Assured Career Progression (MACP)Scheme vis-à-vis Assured Career Progression (ACP) Scheme – ACPScheme was withdrawn and superseded by MACP Scheme –Respondents given beneficial pay upgradation as per MACPScheme, however claimed the benefit of Grade Pay of the nextpromotional hierarchy following the erstwhile ACP Scheme –Granted by different Benches of CAT relying upon Union of India v.Raj Pal – Challenged by appellants – Dismissed by High Courts –On appeal, held: Though ACP and MACP Schemes are intended toprovide relief against stagnation, both have different features –MACP Scheme was recommended by Sixth Central Pay Commissionto bring systematic changes in the existing ACP Scheme so that allemployees irrespective of existing hierarchical structure in theirorganisations/cadre get the same benefit – Words used in the MACPScheme are “placement in the immediate next higher Grade Pay inthe hierarchy of the recommended revised pay bands” – Term “GradePay in the next promotional post” is conspicuously absent in theentire body of the MACP Scheme – Respondents’ contention thatthe benefit of MACP Scheme is referable to the promotional post, isde hors the MACP Scheme – When the expert body like PayCommission comprehensively examined all the issues, variousrepresentations and the disparities, the court should not interferewith its recommendations – MACP Scheme has not been challengedby the respondents – Further, Raj Pal’s case was dismissed by theSupreme Court on technical ground without any decision on meritsand thus could not have been taken as a precedent – No groundsmade out to show that the MACP Scheme granting financialupgradation in the next grade pay is arbitrary – Impugned ordersset aside – Constitution of India – Art.141 – First Schedule of CentralCivil Services (CCS) (Revised Pay) Rules, 2008.Service Law – Assured Career Progression (ACP) Scheme andModified Assured Career Progression (MACP) Scheme – Distinctionbetween – Discussed.Constitution of India – Art.141 – ‘Law’ under – Held: Lawdeclared by the Supreme Court is a principle laid down by the courtand it is this principle which has the effect of a precedent – Aprinciple is a proposition delivered after examination of the matteron merits – Service Law.Service Law – Modified Assured Career Progression (MACP)Scheme – Object and salient features of – Discussed.
Judge	Hon'ble Ms. Justice R. Banumathi
Neutral Citation	2020 INSC 281
Petitioner	Union Of India And Others
Respondent	M. V. Mohanan Nair
SCR	[2020] 7 S.C.R. 851
Judgement Date	2020-03-05
Case Number	2016

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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