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.

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 6^th Central Pay Commission vide report dated 24.03.2008, the Ministry of Finance Department of Expenditure, Government of India, issued a Resolution dated 29.08.2008, revising the pay structure of Central Government employees w.e.f. 01.01.2006, and contemplated the introduction of the MACP Scheme in supersession of the ACP Scheme w.e.f. 01.01.2006.

5. Thereafter, the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel and Training (‘DoP&T’) issued Office Memorandum dated 19.05.2009 formally introducing and operationalising the MACP Scheme with effect from 01.09.2008.

6. However, the Petitioners, though were in service on 01.01.2006 but having retired prior to 01.09.2008, were not granted the benefits of 3^rd financial upgradation under the MACP Scheme. Aggrieved thereby, the Petitioners submitted various representations claiming that the MACP Scheme ought to be applied retrospectively from 01.01.2006, when they were in service.

7. Upon rejection of their representations, the Petitioners approached the learned CAT and vide the impugned order dated 14.07.2021, their Original Application was dismissed holding that it has already been settled by the Hon’ble Apex Court that the MACP Scheme was applicable only from 01.09.2008 and since the Petitioners have retired prior thereto, they would not be entitled to any benefit under the said Scheme.

8. The impugned order was assailed by the Petitioners, by way of an SLP No. 20883/2021 titled Surya Pal Singh and Ors. v. Union of India and Ors. , before the Hon’ble Apex Court, which was dismissed vide order dated 03.01.2022 as under:-

“ORDER

1. We are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution.

2. The Special Leave Petition is accordingly dismissed.

3. Application for substitution stands disposed of.”

9. Accordingly, the Writ Petition Dairy No.27888/2021 filed by the Petitioners under Article 32 before the Hon’ble Apex Court was withdrawn, as recorded in order dated 14.02.2022.

10. The Petitioners, thereafter, have approached this Court by way of the present petition.

11. Learned counsel appearing for the Petitioners submitted that the learned CAT had failed to appreciate that the Resolution dated 29.08.2008 of the Ministry of Finance (Department of Expenditure) accepted the