Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2008 Service Law – Central Civil Services (Revised Pay) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law – Central Civil Services (Revised Pay) Rules, 2008 – Modified Assured Career Progression Scheme (MACP scheme) – This Court framed three questions for consideration – (i) Whether the MACP Scheme is applicable and to be implemented with effect from 1st January 2006, the date from which the Central Civil Service (Revised Pay) Rules, 2008 were enforced, or in terms of O.M. dated 19th May 2009 with effect from 1st September 2008? – (ii)Whether under the MACP Scheme the respondents are entitled to financial upgradation equivalent to the pay scale/grade pay of the next promotional post in the hierarchy, or the immediate next grade pay bands as stated in section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008? – (iii) Whether the respondents, who belong to the Central Armed Police Forces, are entitled to grant of financial upgradation under the MACP Scheme, if for administrative reasons they were unable to fulfil the pre-proportional norms? Held: MACP Scheme is applicable with effect from 1.9.2008 – Supreme Court in Union of India and Others v. M.V. Mohanan Nair has already answered the second issue – It was held that under the MACP Scheme, financial upgradations are granted at three regular intervals on completion of 10-20-30 years of service without promotion – MACP Scheme puts an end and rectifies the problem arising from inter-departmental disparities in re the pay scales of the next promotional post – It is seen that the term “grade pay in the next promotional post” is conspicuously absent in the entire body of the MACP Scheme – Under MACP the entitlement is to financial upgradation equivalent to immediate next grade pay and not to the immediate next promotional post – The third issue, which relates to the fulfilment of pre-promotional norms for grant of financial upgradation, is decided against the appellantUnion of India to the extent that this would not be insisted in the case of the Central Armed Forces personnel where, for administrative or other reasons, they could not be sent or undergo the pre-promotional course. |
Judge | Hon'ble Mr. Justice Sanjiv Khanna |
Neutral Citation | 2022 INSC 850 |
Petitioner | Union Of India And Others |
Respondent | Ex. Hc/gd Virender Singh |
SCR | [2022] 10 S.C.R. 215 |
Judgement Date | 2022-08-22 |
Case Number | 5545 |
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