JUDGMENT :

B.R. GAVAI, J.

1. The short question that falls for consideration in the present appeals is, as to whether the respondents-employees would be governed by the Assured Career Progression Scheme, 1999 (hereinafter referred to as “the ACP Scheme”) or by the Modified Assured Career Progression Scheme, 2009 (hereinafter referred to as “the MACP Scheme”).

2. The facts, in brief, giving rise to the present appeals are as under:

3. The respondents-employees were working as Junior Engineers/Lower Division Clerks at the relevant point of time. Taking into consideration the fact that the employees were stagnated on a particular post for a prolonged period on account of non-availability of promotional post, the appellant-Union of India, in order to give relief to such employees, brought into effect the ACP Scheme vide Office Memorandum dated 9th August, 1999. Subsequent to the recommendation of the 6th Central Pay Commission, the ACP Scheme came to be superseded by the MACP Scheme vide the Office Memorandum dated 19th May, 2009. However, the MACP Scheme was made applicable retrospectively with effect from 1st September, 2008.

4. As per the ACP Scheme, an employee was entitled to the first