Supreme Court Clarifies That MACP Scheme is Applicable From 1st September 2008

 The Supreme Court on Monday stated that MACP Scheme is applicable with effect from 1.9.2008 and as per the MACP Scheme, the entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008.

The bench of Justices Sanjiv Khanna and Bela M. Trivedi was dealing with the appeals which raised three issues connected and related to the Modified Assured Career Progression Scheme.

The three issues are:

1. 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 2009?
2. 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 in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008?
3. 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?

High Court stated that MACP Scheme is applicable with effect from 1.9.2008 and as per the MACP Scheme, the entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008. 

While dealing with the second question the bench relied upon the case of Union of India and Others v. M.V. Mohanan Nair and observed that “the MACP Scheme, like the ACP Scheme, is an incentive scheme devised with the object of ensuring that the employees who have stagnated for lack of adequate promotional avenues are given benefit in the form of financial upgradation. The financial upgradation is personal, does not amount to regular or actual functional promotion, and does not require the creation of a new post. Financial upgradation is granted to only those employees who have not received actual or functional promotion even after completion of the requisite service period, though otherwise, they fulfil the prescribed conditions for the promotion.”

High Court while dealing with the third issue opined that a liberal, pragmatic and ameliorative approach is required to succour genuine grievances of the personnel doing duty for the nation, owing to which they forgo participation in pre-promotional courses.

In view of the above, the bench partly allowed the appeals.

Case Title: Union Of India And Others v. EX. HC/GD Virender Singh

Bench: Justices Sanjiv Khanna and Bela M. Trivedi

Citation: ARISING OUT OF SPECIAL LEAVE PETITION (CIVIL) NO. 16442 OF 2021

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