JUDGMENT :

L. NAGESWARA RAO, J.

1. The short question that falls for consideration of this Court in these Appeals is whether the Government of India is justified in implementing the Modified Assured Career Progression Scheme (for short, ‘MACPS’) for civilian employees of the Central Government in Groups ‘A’, ‘B’, ‘C’, ‘D’ and officers in the All India Services, Chairpersons, Members of the Regulatory Bodies (except the Reserve Bank of India) with effect from 01.09.2008 and not from 01.01.2006. For the sake of convenience, we are referring to the facts of Civil Appeal arising out of SLP (C) No.15572 of 2019.

2. The Respondent was appointed as Deputy Director in the Bureau of Industrial Costs and Prices in Ministry of Industry, Department of Industrial Policy and Promotion which was subsequently merged with Tariff Commission. He was promoted as Director in grade pay of Rs.3700-125-4700-50-5000 by an order dated 09.02.1994. Certain recommendations were made by the 5th Central Pay Commission relating to the Assured Career Progression Scheme (for short, ‘ACPS’) for Central Government civilian employees in all the Ministries/Departments which came into force w.e.f. 01.01.1996. Department of