SANJIV KHANNA, SANJAY KUMAR
Union Of India – Appellant
Versus
N. M. Raut – Respondent
JUDGMENT :
Civil Appeals @ SLP(C) Nos. 8015 OF 2022, 10457-10458 of 2022, 11342-11343 of 2022, 10475-10476 of 2022, 10642-10643 of 2022, 12354-12355 of 2022, 15188-15189 of 2022, 10693-10694 of 2022, 10272-10273 of 2022, 11119-11120 of 2022, 11207-11208 of 2022, 2995 of 2023 and 2557 of 2023
1. Leave granted.
2. This judgment decides the aforestated appeals, which are concerned with the interpretation and implementation of the Modified Assured Career Progression Scheme, 20081[For short, “MACPS.”], applicable with effect from 01.09.2008.
3. The MACPS was considered by a Bench of three Judges of this Court in “Union of India and Others v. M.V. Mohanan Nair”, (2020) 5 SCC 421 and other connected matters. This judgment elaborately compared the MACPS with the Assured Career Progression Scheme3[For short, “ACP.”], which was introduced with effect from 09.08.1999 and continued to remain in force till 31.08.2008. In a nutshell, this Court held that the MACPS differed from the ACPS on several aspects, including two significant ones. First, the ACPS envisaged financial upgradations on completion of 12 years and 24 years of regular service without one or two promotions, as the case may be, wherea
Union of India and Others v. M.V. Mohanan Nair
Union of India v. R.K. Sharma and Others (2021) 5 SCC 579 [Para 4]
Union of India and others v. Balbir Singh Turn and another” (2018) 11 SCC 99 [Para 8]
State of Punjab and Others vs. Rafiq Masih (White Washer) and Others (2015) 4 SCC 334 [Para 22]
The MACPS provides for financial upgradations based on service duration, distinct from promotions, and prior benefits under ACP must be considered for eligibility.
The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted, emphasizing strict adherence to policy provisions.
(1) Financial upgradation is personal, does not amount to regular or actual functional promotion and does not require creation of a new post – It has no relevance to seniority position and principles....
(1) Benefits flowing from ACP & MACP Schemes are incentives and are not part of pay. (2) MACPS is a matter of Government policy pursuant to recommendations made by Pay Commission.`
The MACP Scheme is an incentive-based condition of service effective from 01.09.2008, and not a component of pay structure, denying retrospective claims from 01.01.2006.
Retrospective application of the MACP Scheme does not infringe upon the vested rights of employees under the ACP Scheme, as eligibility does not equate to entitlement.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
The MACP Scheme mandates financial upgradation based on grade pay hierarchy, irrespective of post hierarchy, ensuring employee benefits are upheld.
The central legal point established in the judgment is the interpretation of Annex.A14 OM dated 04.10.2012 and its applicability to the case, emphasizing the requirement of benchmark criteria for fin....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.