The court reaffirmed that under the Modified Assured Career Progression Scheme, eligible employees are entitled to benefits from the date notified by the government, with rates and payment of arrears applicable as per law.

JUDGMENT

Sanjeev Sachdeva, J. (Oral)--Petitioners are aggrieved by order dated 27.02.2015 of the Central Administrative Tribunal to the limited extent that the Tribunal has directed that the petitioners be granted first financial upgradation under the Modified Assured Career Progression Scheme (MACPS) from the date of their entitlement, however, they would draw salary in the new grade pay from the date of the order of the Tribunal i.e. 27.02.2015.

2. Petitioners are also aggrieved by the order dated 06.05.2016 of the Tribunal whereby the review application filed by the petitioners has been dismissed holding that there is no rule or law that would make it obligatory on the Tribunal to grant the upgraded pay scale with retrospective effect along with arrears and interest thereon.

3. Learned senior counsel appearing for the petitioners submits that since the MACP scheme is in the nature of an incentive scheme, petitioners would be entitled to the benefits from the date they become eligible or the date as notified by the Government for the implementation of the scheme, whichever is later.

4. Per contra Mr. Satyakam, learned standing counsel appearing for the respondent submits that there was a doubt as to whether the petitioners would be covered under the scheme or not and the department was bonafidely pursuing the issue with the competent authority.

5. He submits that the subject order dated 27.02.2015 was also challenged by the respondents by way of a writ petition being W.P(C) 9266/2015. Said writ petition was dismissed by a coordinate bench of this Court on 09.05.2016. He submits that a further challenge was raised before the Supreme Court by way of a Special Leave Petition being SLP (Civil) No.6860/2017 which has been dismissed on 03.08.2022.

6. Learned counsel fairly states that the challenge of the department impugning the order dated 27.02.2015 to the extent held the petitioners as eligible under the MACP Scheme was unsuccessful upto the Supreme Court and accordingly the department has decided to implement the order.

7. Learned counsel further submits that since the respondents had impugned the order dated 27.02.2015 and the order has been upheld upto the Supreme Court, the order of the Tribunal merges with the order of the coordinate bench of this Court and the Supreme Court and consequently the finding that the petitioners are not entitled to the arrears and interest thereon for the period 01.09.2008 (i.e. the date on which the Government has made the scheme effective) till the date of the order dated 27.02.2015, has also attained finality.

8. Learned senior counsel appearing for the petitioners submits that the petitioners had not impugned the said order earlier and the challenge of the respondents was to the entitlement of the petitioners and the question as to whether the same would be payable from 01.09.2008 or a later date was never an issue in those proceedings nor was it ever urged by the respondents that it is payable from a later date.

9. In so far as the entitlement of the petitioners is concerned to the benefits under the MACP Scheme, since the challenge of the respondents has been negated upto the Supreme Court, there is no doubt on the same. Petitioners are covered under the MACP Scheme.

10. Further we may note that by order dated 22.03.2012 the respondents had held that petitioners are not entitled to the benefits of the MACP Scheme w.e.f 01.09.2008 or from due dates with arrears under the MACP Scheme. Said decision was taken, not in respect of a date of application of the scheme