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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Surya Pal Singh – Appellant
Versus
Union of India – Respondent
JUDGMENT :
AMIT MAHAJAN, J.
1. The present writ petition has been filed under Article 226 of the Constitution of India, assailing the order dated 14.07.2021 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter ‘CAT’) whereby the O.A. No. 2501 of 2019, preferred by the Petitioners/Officers seeking benefit of financial upgradation under the Modified Assured Career Progression (‘MACP’) Scheme with effect from 01.01.2006, came to be dismissed.
2. The quintessential facets governing the present dispute are that the Petitioners are former officers of the Intelligence Bureau (‘IB’), Ministry of Home Affairs, Government of India. They retired as Group ‘A’ Officers between January 2006 and September 2008.
3. The Petitioners were governed, during their service tenure, by the Assured Career Progression (‘ACP’) Scheme introduced in the year 1999, which provided for two financial upgradations on completion of 12 and 24 years of regular service in the absence of promotion.
4. It is the case of the Petitioners that pursuant to the recommendations of the 6th Central Pay Commission vide report dated 24.03.2008, the Ministry of Finance Department of Expenditure,
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) 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....
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
(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 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.
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....
(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.`
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