IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. OF 2026 (@SLP(C) No.11727/2020)

UNION OF INDIA & ORS. ..... APPELLANTS VERSUS BALRAJ SINGH & ORS. ..... RESPONDENTS

O R D E R

1. Heard.

2. Leave granted.

3. The present appeal is directed against the order dated 24.12.2019 passed in WP(C) No. 13819/2019 by the High Court of Delhi. Short facts are as under:-

Respondents joined the services of the appellant no.2 in the year 1987-1989 and sought for a direction to grant them the benefits flowing from MACP Scheme introduced through O.M. dated 19.05.2009. It was contended by the respondents (writ applicants) that RASHI GUPTA Date: 2026.03.18 Reason:

despite completion of the requisite number of years of service, they were denied the appropriate financial upgradation. To be more precise the prayer sought for by the petitioners in the writ applications reads as under:

“a. Implement the directive of the Hon'ble Supreme Court that MACP being a part of pay is applicable from 01.01.2006 when the VIth Pay Commission was made applicable to government employees and also issue a Writ of Mandamus to the Respondents asking them to give the benefits of the MACP from 01.01.2006 and not from 01.09.2008 as it is a part of the pay structure and thus a part of the pension and not an allowance.

b. Issue a Writ, Order or Direction to Respondent No.2 to correctly fix the pay of the petitioners and grant the petitioners IInd financial up gradation under MACP Scheme applicable to Sub Inspectors (Pay Band of 9300-34800) with (Grade Pay of Rs.4200/-and Inspector (Pay Band of 9300-34800) with grade pay Rs.4600/- on the date each of them became eligible for ACP/MACP before their respective dates of retirement and other consequential benefits including arrears of payment being accrued thereto according to the settled, position of law per the Hon’ble Supreme Court.”

4. After considering the rival contentions, the High Court by the impugned order, allowed the writ petition and granted the following reliefs:

“3. Accordingly, the petition is disposed of with the following directions:

(i) The Petitioners would be given the benefit of 2nd financial upgradation under the MACP Scheme by treating the said scheme as applicable with effect from 1st January 2006 onwards;

(ii) The Petitioners will be placed in the appropriate pay scale of SI/HC etc. as the case may be (for eg. In the case of Sis Rs.9300-34800 with grade pay of 4200) from the date that each of them completed 20 years of regular service upto the date of retirement; and, (iii) The appropriate revised pension orders will be issued and arrears will be paid to the Petitioners within a period of 12 weeks, failing which the Respondents would be liable to simple interest at 6% per annum on the arrears of period of delay.”

5. The issue raised in the present appeal is no more res integra in view of the judgment of this Court rendered in Civil Appeal arising out of SLP(C) No.16442 of 2021 and connected matters whereunder this Court held as under:

“14. In view of the aforesaid discussion, the appeals filed by the Union of India are partly allowed and impugned judgments, to the extent they hold that the MACP Scheme applies with effect from 1.1.2006 and that under the MACP Scheme the employees are entitled to financial upgradation equivalent to the next promotional post, are set aside. MACP Scheme is applicable with effect from 1.9.2008 and as per the MACP Scheme, the entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008...pre-

promotional course.”

6. In view of the aforestated position of law enunciated by this Court, the present appeal deserves to be allowed in part and accordingly, it is allowed and the impugned order is set aside and it is made clear that the MACP Scheme is applicable w.e.f. 01.09.2008 and not from 01.01.2006 onwards as h