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DELHI HIGH COURT
SANJEEV SACHDEVA, TUSHAR RAO GEDELA
S.K. Saraswat – Appellant
Versus
Chief Secretary, Govt. of National Capital Territory of Delhi – Respondent
| Table of Content |
|---|
| 1. challenge against tribunal's directive on arrears. (Para 1 , 2) |
| 2. petitioners' entitlement to macp scheme benefits. (Para 3 , 4 , 5 , 6 , 8 , 9 , 12) |
| 3. tribunal's rationale on effective date of macp scheme. (Para 7 , 10 , 11 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. impugned order on salary implementation is unsustainable. (Para 20) |
| 5. conclusion on salary entitlement with arrears. (Para 21 , 22 , 23) |
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
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....
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.
(1) Promotion – Modified Assured Career Progression Scheme – Date of operation of new pay scales cannot be per se the same when operation of another scheme (which may also involve pay benefits) need ....
Retrospective MACP cannot negate crystallized ACP benefits; employees entitled to more advantageous scheme.
The entitlement to benefits under the ACP Scheme was not automatic and was subject to review and consideration by the employer. The nature of benefits under the MACP Scheme was considered as incentiv....
The main legal point established in the judgment is that previous promotions and financial upgradations can affect the eligibility of an employee for benefits under the MACP scheme.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
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