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S. M. SUBRAMANIAM, M. JOTHIRAMAN
Union of India – Appellant
Versus
Registrar, Central Administrative Tribunal – Respondent
ORDER :
[Order of the Court is made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for records of the Tribunal in its impugned order dated 21.04.2023 in O.A.1494 of 2019 passed by the 1st respondent, Central Administrative Tribunal, Madras Bench and its batches and quash the same.
Under assail is the order dated 21st April, 2023 passed in O.A.No.1494 of 2019.
2. The Union of India has preferred the present writ petition under Article 226 of the Constitution of India. The 2nd respondent has filed O.A.No.1494 of 2019, seeking III Modified Assured Career Progression Scheme (MACP Scheme) benefits with effect from 27.05.2012, and consequential benefit, including re-fixing his pay and paying arrears and other benefits. Rejection order of the appellant was also sought to be set aside before the Tribunal.
3. The Tribunal considered the issues and disposed of the original application on 21st April, 2023, granting liberty to the respondents to pass appropriate orders, subject to the outcome of the Review Petition No.140 of 2016 pending before the High Court and Special Leave Petition in S.
The court affirmed that benefits under the MACP Scheme are granted only after the scheme's implementation date, rejecting claims for earlier benefits as invalid.
The main legal point established is that under the MACP scheme, employees are entitled to benefits from the due date of the scheme, regardless of any delay in consideration due to judicial orders.
Court rejected contention of employee that he was entitled for benefit of MACP-III Scheme.
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.
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 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.
Employment financial upgradation under MACP is distinct from promotion; it's based on immediate grade pay hierarchy, not promotional hierarchy.
Retrospective MACP cannot negate crystallized ACP benefits; employees entitled to more advantageous scheme.
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