Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law - Army Personnel - Persons Below Officer Rank (PBOR) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law - Army Personnel - Persons Below Officer Rank (PBOR) - Modified Assured Career Progression (MACP) - Benefit of - Denial - Propriety of - Respondents, PBORs retired after 01.01.2006 but prior to 31.08.2008 - Respondents claimed that in terms of Govt. Resolution dated 30.08.2008, they are entitled to the benefit of MACP w.e.f 01.01.2006, i.e. the date from which the recommendation of 6 1 h Central Pay Commission (CPC) with regard to pay and benefits were made applicable by Central Govt. - Plea of appellant that since the MACP was applicable only w.e.f 01.09.2008, therefore, the respondents who had retired prior to the said date were not entitled to the benefit of MACP - Held: Plea of appellant not tenable - Clause (i) of the 2008 Resolution, whereby the recommendation of 6 1 h CPC was accepted w.r.t. pay structure, pay scales, grade pay etc., clearly indicates that Central Govt. decided to implement the said revised pay structure of pay bands, grade pay and pension w.e.f 01.01.2006 - Further, this decision of the Cabinet could not have been modified by issuing executive instruction dated 30.05.2011 - Benefit of MACP in terms of 2008 Resolution was payable w.e.f 01.01.2006 - Administrative law.Service Law - Modified Assured Career Progression (MACP)- Benefit of. denied to the respondents by appellants holding the same to be a part of allowances and thus applicable w.e.f01.09.2008 and not from 01.01.2006 as claimed by respondents -Held: Benefit of MACP is part of the pay structure and will affectthe grade pay of the employees and, therefore, it cannot be saidthat it is a part of allowances. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2017 INSC 1207 |
Petitioner | Union Of India & Ors. |
Respondent | Balbir Singh Turn & Anr. |
SCR | [2017] 12 S.C.R. 421 |
Judgement Date | 2017-12-08 |
Case Number | 3744 |
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