Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Completion of service years is not the sole qualification for MACP financial upgradation. The schemes emphasize that financial upgradations are primarily granted to employees who have not received actual or functional promotion during the specified periods, and the schemes are designed as incentives for stagnation without promotion ["Union Of India VS P. K. Santhosh Kumar, S/o Late P. K. Kumaran - Kerala"], ["Lalji Chauhan vs M/o Textiles - Central Administrative Tribunal"], ["M. J. Prasad VS Garrison Engineer Central - Delhi"].
The schemes distinguish between regular promotion and financial upgradation. Under the ACP Scheme, upgradation is linked to completion of 12 and 24 years of regular service, but actual promotion (e.g., passing trade tests or fulfilling qualification criteria) is a prerequisite for some upgradations. The MACP scheme, introduced later, provides for upgradation on completion of 10/20/30 years of service, but only if the employee has not been promoted during that period ["Union Of India VS P. K. Santhosh Kumar, S/o Late P. K. Kumaran - Kerala"], ["Lalji Chauhan vs M/o Textiles - Central Administrative Tribunal"], ["M. J. Prasad VS Garrison Engineer Central - Delhi"], ["Sant Lal vs M/o Railways - Central Administrative Tribunal"].
The schemes are meant to address stagnation due to lack of promotional avenues, not merely to reward service years. For example, the MACP benefits are granted based on the absence of promotion, and higher qualifications or passing trade tests are not mandatory for upgradation, as the schemes are not considered actual promotions but financial incentives ["Union Of India VS P. K. Santhosh Kumar, S/o Late P. K. Kumaran - Kerala"], ["Shri Krishan vs Delhi Transport Corporation Govt. Of Nctd - Central Administrative Tribunal"], ["Govt. of NCT of Delhi VS Guddu Singh Rawat - Delhi"], ["K Pooswamy vs Mes - Central Administrative Tribunal"].
The timing of upgradations under MACP depends on the employee's service history, including whether they have received promotions or stagnated. The benefit is not automatically granted upon completing the required years but is subject to the employee fulfilling conditions like not having been promoted during the period or passing necessary qualifying exams ["M. J. Prasad VS Garrison Engineer Central - Delhi"], ["Mohanan M V vs The Principal Director General Directorate Of Performance Management Customs And Gst New Delhi - Central Administrative Tribunal"], ["Union of India VS Registrar, Central Administrative Tribunal - Madras"].
In summary, the completion of the prescribed service years is a necessary but not sufficient condition for MACP upgradation. The scheme's core purpose is to provide financial relief to employees who have not been promoted, and actual promotion or passing relevant qualification tests is not a prerequisite for MACP benefits, emphasizing that service years alone do not qualify an employee for MACP upgradation ["Union Of India VS P. K. Santhosh Kumar, S/o Late P. K. Kumaran - Kerala"], ["Lalji Chauhan vs M/o Textiles - Central Administrative Tribunal"], ["Ram Tej VS State - 2023 0 Supreme(Del) 4649"].
References:- ["Union Of India VS P. K. Santhosh Kumar, S/o Late P. K. Kumaran - Kerala"]- ["Lalji Chauhan vs M/o Textiles - Central Administrative Tribunal"]- ["M. J. Prasad VS Garrison Engineer Central - Delhi"]- ["Sant Lal vs M/o Railways - Central Administrative Tribunal"]- ["Shri Krishan vs Delhi Transport Corporation Govt. Of Nctd - Central Administrative Tribunal"]- ["Govt. of NCT of Delhi VS Guddu Singh Rawat - Delhi"]- ["K Pooswamy vs Mes - Central Administrative Tribunal"]- ["Union Of India vs A.M.Jeyarajasekar - Madras"]- ["Union of India VS Registrar, Central Administrative Tribunal - Madras"]- ["Mohanan M V vs The Principal Director General Directorate Of Performance Management Customs And Gst New Delhi - Central Administrative Tribunal"]
In the world of Central Government employment, the Modified Assured Career Progression (MACP) scheme is a vital tool to combat stagnation and reward long-serving employees with financial upgradations. But a common question arises: Is completion of the service years the only qualification for MACP financial upgradation? The answer is no. This blog post dives deep into the dual eligibility pathways, supported by official clarifications, illustrations, and judicial interpretations, helping employees understand their rights.
Note: This is general information based on available legal precedents and not specific legal advice. Consult a qualified lawyer for personalized guidance.
The MACP scheme, introduced following the 6th Central Pay Commission recommendations, provides three financial upgradations to eligible Central Government employees. Unlike traditional promotions, these are non-functional upgradations in the hierarchy of grade pay within the pay band, aimed at relieving career stagnation. As outlined in key documents, financial upgradation is admissible on completion of 10 years of continuous service in the same grade pay UNION OF INDIA VS R. K. SHARMA - 2021 4 Supreme 76.
The scheme replaced the earlier Assured Career Progression (ACP) scheme and applies from September 1, 2008. Importantly, benefits under MACP are incentives, not part of basic pay, and follow the immediate next grade pay, not the promotional post's grade pay Someswar Goswami vs Union of India service through General Manager, South Eastern Railway - 2024 Supreme(Online)(CAT) 17186UNION OF INDIA VS R. K. SHARMA - 2021 4 Supreme 76.
The core of the MACP scheme lies in its two alternative pathways for eligibility, making it clear that completion of 10/20/30 years of service is not the only qualification.
Employees qualify for the first, second, and third upgradations upon completing 10, 20, and 30 years of continuous regular service from the date of direct entry into the grade Bharat Barman VS Union of India - 2017 0 Supreme(Gau) 1516UNION OF INDIA VS MANJU VASHISTHA - 2017 0 Supreme(Del) 397.
Alternatively, upgradation is granted after spending 10 years continuously in the same grade pay, irrespective of total service years. The scheme explicitly states these operate whichever is earlier Bharat Barman VS Union of India - 2017 0 Supreme(Gau) 1516.
This dual structure is reinforced: The scheme also provides for grant of financial upgradation whenever a person has spent 10 years continuously in the same grade pay. The word also highlights it as an independent criterion Bharat Barman VS Union of India - 2017 0 Supreme(Gau) 1516. Illustrations in the scheme further demonstrate employees qualifying via the earlier of the two milestones Bharat Barman VS Union of India - 2017 0 Supreme(Gau) 1516.
The Department of Personnel and Training (DoP&T) has issued clarifications emphasizing the alternative nature. For instance, even if an employee earns the second upgradation at 24 years under the old ACP, the third MACP follows at 30 years total service, without waiting another 10 years in the new grade pay Anil Kumar Nasa VS Delhi Urban Shelter Improvement Board - 2018 Supreme(Del) 2060.
DoP&T clarifications confirm: third financial upgradation based on either completing 30 years of service or spending 10 years continuously in the same grade pay, whichever is earlier UNION OF INDIA VS MANJU VASHISTHA - 2017 0 Supreme(Del) 397. This rejects any cumulative requirement.
Courts have consistently validated these pathways. Authorities and tribunals affirm that the 10 years in grade pay is an alternative, not a prerequisite after total service years UNION OF INDIA VS MANJU VASHISTHA - 2017 0 Supreme(Del) 397.
In one case, the Supreme Court and tribunals clarified employees qualify via either criterion, dismissing restrictions tying third MACP solely to 30 years if grade pay time is met earlier UNION OF INDIA VS MANJU VASHISTHA - 2017 0 Supreme(Del) 397. Courts rejected erroneous DoP&T views requiring 10 years post-previous upgradation, prioritizing scheme language and illustrations UNION OF INDIA VS MANJU VASHISTHA - 2017 0 Supreme(Del) 397.
Related rulings distinguish MACP from ACP: MACP uses grade pay hierarchy, not promotional, ensuring financial relief without actual promotion Someswar Goswami vs Union of India service through General Manager, South Eastern Railway - 2024 Supreme(Online)(CAT) 17186. Educational qualifications for promotions aren't needed for MACP, as it's non-functional Amresh Kumar Sinha & Ors. Etc. Etc. VS State Of Bihar & Ors. Etc. Etc. - 2023 Supreme(SC) 753.
In disputes over timing, courts upheld grants like third MACP after 30 years or 10 years in grade post-selection grade, per scheme policy Bhoop Singh VS Union of India - 2023 Supreme(Del) 1156Union Of India VS Central Administrative Tribunal - 2018 Supreme(P&H) 4561. Refusals of pre-MACP promotions don't bar benefits if post-scheme refusals aren't involved Union of India, Rep. by the Chief Postmaster General, Chennai VS C. Ramasamy - 2022 Supreme(Mad) 1331.
While flexible, MACP has boundaries:- Applies only to continuous regular service; irregular periods don't count.- No benefit if promotion/upgradation already subsumes MACP.- Adverse ACRs or delays in benchmarks may impact, as seen in denial of third MACP due to poor gradings Delhi Transport Corporation VS Suresh Kumar - 2024 Supreme(Del) 640.- Not linked to passing exams unless specified for promotions Adhir Kumar Sinha, S/o Late Kamleshwari Prasad vs State Jharkhand - 2024 0 Supreme(Jhk) 1047.- Post-merger scenarios still grant upgradations if no further avenues exist Union of India, through the Secretary, Ministry of Defence, New Delhi VS Bhartendu Gaur S/o Shri Dev Saran - 2022 Supreme(Raj) 847.
Employees declining promotions post-MACP implementation may lose benefits, but pre-scheme refusals don't apply retrospectively Union of India, Rep. by the Chief Postmaster General, Chennai VS C. Ramasamy - 2022 Supreme(Mad) 1331.
Completion of service years is not the only qualification for MACP financial upgradation. The scheme's genius lies in its or logic: 10/20/30 years total service or 10 years in the same grade pay, whichever earlier. Backed by DoP&T clarifications, illustrations, and robust judicial support, this ensures fair relief from stagnation.
Key Takeaways:- Two independent pathways suffice—pick the beneficial one.- Courts prioritize scheme intent over rigid views.- MACP ≠ promotion; no extra qualifications needed.- Stay informed via official OMs and precedents.
For Central Government employees, mastering MACP can unlock timely benefits. Share your experiences in comments—have you faced eligibility disputes?
References:1. DoP&T clarifications and illustrations Bharat Barman VS Union of India - 2017 0 Supreme(Gau) 1516.2. Judicial confirmations on alternatives UNION OF INDIA VS MANJU VASHISTHA - 2017 0 Supreme(Del) 397.3. Scheme distinctions and cases UNION OF INDIA VS R. K. SHARMA - 2021 4 Supreme 76Someswar Goswami vs Union of India service through General Manager, South Eastern Railway - 2024 Supreme(Online)(CAT) 17186Anil Kumar Nasa VS Delhi Urban Shelter Improvement Board - 2018 Supreme(Del) 2060.
#MACPScheme, #FinancialUpgradation, #EmployeeRights
ACP Scheme envisages two financial upgradation on completion of 12 years and 24 years of service subject to conditions of regular service. ... The applicant was given the second financial upgradation under the ACP scheme in Bosun (uncertified) with effect from 27/10/2007, and the 3rd financial upgradation under the MACP Scheme on completion of 30 years....
The applicants have been granted 2nd financial upgradation under MACP scheme w.e.f. 1.9.2008 in the pay grade of Rs. 2000/- and 3rd financial upgradation w.e.f. the date of completion of 30 years of service, in the pay grade of Rs. 2400/-. ... As such, the applicants are entitled only to 2nd and 3rd financial upgradation w.e.f. 1.9.2008 and w.e.f. the date of completion of 30 years#HL_EN....
Having said so, the ACP Scheme and the MACP Scheme differ significantly. Under the ACP Scheme, a government servant is entitled to financial upgradation on completion of 12 and 24 years of her/his regular service, to the pay scale of the next promotional post in the hierarchy. ... MoD has clarified 1st upgradation under ACP is delayed due to not fulfilling the requirement of promotion, the 2nd financial upgradation....
The question for consideration before us is whether 3rd financial upgradation would be available to the applicants on completion of 20 years regular service from the date of their 1 st promotion or not? 3. ... The respondents were entitled to first financial upgradation after completing 10 years of service in the promotional post under the MACP Scheme. ... Para 3 of the said circular reads ....
upgradation under the ACP Scheme on completion of requisite regular service ignoring the higher qualification prescribed for the next higher post as grant of such benefit is not actually a promotion but only financial upgradation and if the higher qualification is insisted it would frustrate the purpose ... Accordingly, the schemes provide for regular financial upgradation on completion of 12-24 #....
Firstly, whether the applicant who has been given selection grade on completion of 8 years of service is to be granted 2nd MACP on completion of 10 years of regular service from the date when he was granted selection grade and 3rd financial upgradation on completion of 28 years of service or not. ... (ii) In case he does not get any promotion,....
respectively w.e.f. 09.08.1999 upon completion of 12 and 24 years of service. ... Consequent upon introduction of the MACP Scheme the applicants were granted pay scale of Rs. 5200-20200/- with GP Rs. 1900/-. Thus they were eligible for financial upgradation upon completion of 10, 20 and 30 years of service as Junior Clerks. ... Having said so, the ACP Scheme and the MACP Scheme differ significantly. Under the ACP ....
The first financial upgradation under the ACP Scheme shallbe allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of first financial upgradation subject to fulfillment of prescribed conditions. ... Subsequently, the Govt. of India introduced MACP Scheme w.e.f 01.09.2008 and according to the Scheme, after completion of 10, 20 and 30 #H....
completion of 10, 20 and 30 years of service. ... It is further submitted that in the instant case, the applicant has not completed his 24 years of service before 01.09.2008. Hence, he is not entitled for 2nd financial upgradation under the ACPS beyond 31.08.2008. ... second financial up gradation on completion of further 12 years to the grade of Rs. 14,300-400- 18,300. ... (ii)....
Insofar as the grant of 3rd MACP on completion of 30 years of service is concerned, it is the case of Mr. Gupta that the respondent received promotion prior to completion of 30 years of eligible service. ... The MACP Scheme was introduced in DTC organization in terms of circular dated December 17, 2009. As per the Scheme of MACP, 3rd MACP is granted upon completion of 30 years of....
Resultantly, by virtue of MACP Scheme, 2009, the respondents were definitely entitled to the benefit of 3rd Financial Upgradation after completion of ten years’ service on the post of MCM. He urged that the Grade Pay of Rs. 4,600/- which has been granted by the Tribunal to the respondents, is the Grade Pay of the next promotional post.
In terms of the MACPS approved by the government, the Central government employees will be given first financial upgradation after completion of 10 years of service, the second financial upgradation after completion of 20 years of service and the third financial upgradation after 30 years of service. The petitioner rejected the claim of the respondents to the third MACPS benefit on the premise that the respondents were ineligible inasmuch the respondents declined to accept the LSG promotion. The TBOP and BCR schemes were simultaneously withdrawn. Admittedly, all the respond....
4. The salient features of the MACPS recommended by the 6th Pay Commission are that three increments shall be granted to the employees on completion of 10, 20 and 30 years of service. According to the scheme of MACP, financial upgradation will be admissible on completion of 10 years of continuous service in the same grade pay.
It is clear, from Illustration (c), that, even where the second financial upgradation is earned by the officer on completion of 24 years of service, he would, nevertheless, be entitled to the third financial upgradation, under the MACP Scheme, on completion of 30 years of service, and would not have to wait for 10 years in the grade pay drawn by him consequent on the second financial upgradation.
"...7. Two questions of law have come for consideration before this Court. Firstly, whether the applicant who has been given selection grade on completion of 8 years of service is to be granted 2nd MACP on completion of 10 years of regular service from the date when he was granted selection grade and 3rd financial upgradation on completion of 28 years of service or not. Secondly, whether the respondents can order recovery of amount which they have paid pursuant to a valid order which has subsequently been rectified by them. To answer first question, it would be appropriate ....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
