Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query..!
Scanned Judgements…!
Financial Upgradation Under MACP is Only Granted on Recommendation of Committee - The scheme mandates that the grant of MACP benefits is based on the recommendation of a Screening or Review Committee. For example, ["R.Vasugi vs The Union of India - Central Administrative Tribunal"] states, the post of Laboratory Technician has been upgraded ... as per the recommendation of the Single Member Committee, indicating that committee recommendations are essential for upgradation.
Role of Committees in Granting MACP Benefits - Multiple sources emphasize that MACP benefits are contingent upon the recommendations of designated committees. ["R.Vasugi vs The Union of India - Central Administrative Tribunal"] notes, the recommendation of the committee would have been given effect to by granting the MACP, and ["Someswar Goswami vs Union of India service through General Manager, South Eastern Railway - Central Administrative Tribunal"] discusses the importance of committee decisions in granting upgradations.
Order of Scheme Implementation and Recommendations - The introduction of MACP superseded ACP, and benefits are granted based on committee recommendations aligned with scheme rules. ["R.Vasugi vs The Union of India - Central Administrative Tribunal"] highlights that beyond 31.08.2008, benefits under the MACP scheme only could be granted, implying that committee recommendations made prior or after this date are pivotal.
Judicial Decisions Reinforce Committee Recommendations as a Prerequisite - Courts have consistently held that MACP benefits require committee recommendations. For instance, ["Srikanta Chandra Sundar Ray vs Department Of Posts - Central Administrative Tribunal"] states, the case of the applicant for grant of MACP ought to have been considered and kept in the sealed cover, and the recommendation of the committee would have been given effect to, reinforcing the necessity of committee approval.
Miscarriage of Justice When Committee Recommendations Are Ignored - Several cases point out that denying benefits without committee approval constitutes a procedural lapse. ["Srikanta Chandra Sundar Ray vs Department Of Posts - Central Administrative Tribunal"] and ["R.Vasugi vs The Union of India - Central Administrative Tribunal"] mention that benefits were wrongly withheld or granted without proper committee recommendations, leading to injustice.
Analysis and ConclusionThe consistent theme across the sources is that financial upgradation under MACP is only granted on the recommendation of a competent committee. The schemes and judicial rulings underscore that committee approval is a mandatory procedural step for MACP benefits to be validly granted. Therefore, without committee recommendations, MACP benefits are not legally or procedurally justified, and any benefits granted or withheld without such recommendations are liable to be challenged or reversed.
In the realm of government service in India, the Modified Assured Career Progression (MACP) Scheme plays a crucial role in ensuring career growth for employees who face limited promotional opportunities. A common query among central government employees is: financial upgradation under MACP is only granted on recommendation of committee. This question touches on the procedural heart of the MACP scheme, which provides financial benefits after 10, 20, and 30 years of regular service in the same grade pay. But does it strictly hinge on a committee's nod? Let's dive into the details, drawing from judicial precedents and official practices.
Introduced by the Department of Personnel and Training (DoPT) via Office Memorandum dated 19.05.2009, the MACP scheme superseded the earlier Assured Career Progression (ACP) scheme. It grants financial upgradation to the next higher grade pay in a hierarchical manner, typically on completion of 10, 20, and 30 years of service, provided no functional promotion has occurred. Union of India VS M. V. Mohanan Nair - 2020 8 Supreme 479
Key features include:- Placement in the next higher grade pay, not necessarily the promotional post. Union of India VS M. V. Mohanan Nair - 2020 8 Supreme 479- Eligibility assessed based on benchmarks like Annual Performance Appraisal Reports (APARs), often requiring 'Good' or 'Very Good' ratings. Akshaya Kumar Parida VS Union of India - 2023 Supreme(Del) 3415- No automatic grant; it involves administrative scrutiny.
While the scheme outlines timelines, implementation often requires evaluation by a Screening Committee, making the question of committee recommendation highly relevant.
Yes, financial upgradation under MACP is typically granted only on the recommendation of a Screening Committee. This body reviews eligibility, service records, APARs, and other criteria to ensure compliance with DoPT guidelines. Courts have repeatedly emphasized this procedural safeguard to prevent arbitrary decisions.
For instance, in one case, the committee decided to grant the first financial upgradation under the MACP Scheme, effective from 01.04.2013. Ashish Kumar Khare vs Department Of Fisheries - 2025 Supreme(Online)(CAT) 3777 The applicant received upgradation to PB-3 with grade pay of Rs. 4800/- following the committee's revised review.
Similarly, The Screening Committee, which met on 07.12.2020, found the applicant eligible for the first financial upgradation under the MACP Scheme. Ashish Kumar Khare vs Department Of Fisheries - 2025 Supreme(Online)(CAT) 3777 This underscores that without such recommendation, upgradation does not proceed.
Tribunals and high courts have quashed denials where committees failed to justify decisions or violated natural justice. In a notable ruling, the court found denial based on ACR/APAR grades arbitrary, violating Article 14 of the Constitution. The denial of financial upgradation under the MACP Scheme based on arbitrary decisions and lack of justification violates Article 14 of the Constitution. Ashish Kumar Khare vs Department Of Fisheries - 2025 Supreme(Online)(CAT) 3777
The court criticized the Screening Committee for recommending upgradation from 01.04.2013 without explaining the delay from 2009, holding it violative of natural justice as the same authority acted as both recommender and acceptor. Ashish Kumar Khare vs Department Of Fisheries - 2025 Supreme(Online)(CAT) 3777
Another case highlighted: Petitioner was informed that in the Departmental Screening Committee held on 01.06.2021, he was found ineligible for grant of Third Financial Upgradation. Akshaya Kumar Parida VS Union of India - 2023 Supreme(Del) 3415 Despite four 'Very Good' APARs, denial was deemed arbitrary, with the court directing grant from 2018 after clarifying benchmarks per OM dated 27.09.2016 (enhanced to 'Very Good'). Akshaya Kumar Parida VS Union of India - 2023 Supreme(Del) 3415
Authorities cannot benefit from their own delays. The court emphasized that authorities should not benefit from their own arbitrary conduct and delays. Ashish Kumar Khare vs Department Of Fisheries - 2025 Supreme(Online)(CAT) 3777 In such cases, courts direct implementation from due dates post-committee recommendation.
Employees often claim benefits from both schemes. However, Under ACP Scheme employees... entitled to financial upgradation in the next promotional hierarchy - Under MACP Scheme... in immediate next higher Grade Pay and not the grade pay on promotional hierarchy. Union of India VS M. V. Mohanan Nair - 2020 8 Supreme 479 Courts reject dual benefits, upholding committee assessments. DILEEPKUMAR R S/o. RAMAKRISHNAN K. K. VS UNION OF INDIA - 2025 Supreme(Ker) 991
In one matter, applicants received Non-Functional grade (1st upgradation) w.e.f. 01.01.2006 and 2nd MACP w.e.f. 01.01.2016 post-screening. Jai Kishan vs Govt. of NCT of Delhi - 2024 Supreme(Online)(CAT) 14396
Ex-servicemen can count Army service for MACP, but only after committee verification. The applicants were granted first Non-functional up gradation... w.e.f. 1.1.2006 and second MACP... as per the recommendation of Screening. Jai Kishan vs Govt. of NCT of Delhi - 2024 Supreme(Online)(CAT) 14396 Courts upheld this in line with precedents like Ashok Kumar. Union of India VS Pardeep Singh - 2017 Supreme(P&H) 1156Union of India VS Pardeep Singh - 2017 Supreme(P&H) 1046
Benchmark changes (e.g., from 'Good' to 'Very Good') are clarified via signals/OMs, with committees applying them. The prescribed benchmark for financial upgradation under the MACP Scheme was enhanced from 'Good' to 'Very Good' by the OM dated 27.09.2016. Akshaya Kumar Parida VS Union of India - 2023 Supreme(Del) 3415
If denied, employees can approach the Central Administrative Tribunal (CAT) under Section 14 of the CAT Act, 1985. Successful cases often cite:- Lack of reasoned committee orders.- Violation of equality under Article 14.- Non-adherence to DoPT OMs.
For example, recovery orders without due process were quashed as illegal and discriminatory. Jai Kishan vs Govt. of NCT of Delhi - 2024 Supreme(Online)(CAT) 14396
However, claims contradicting scheme provisions (e.g., extra upgradations) are dismissed. The MACP scheme prohibits additional financial upgradation if prior upgradations under ACP have been granted. DILEEPKUMAR R S/o. RAMAKRISHNAN K. K. VS UNION OF INDIA - 2025 Supreme(Ker) 991
| Aspect | ACP Scheme | MACP Scheme ||--------|------------|-------------|| Service Periods | 12, 24 years | 10, 20, 30 years || Upgradation To | Promotional hierarchy | Next higher grade pay || Committee Role | Required | Mandatory screening | Union of India VS M. V. Mohanan Nair - 2020 8 Supreme 479
Financial upgradation under MACP is indeed generally granted only on the recommendation of a Screening Committee, ensuring fairness and policy adherence. While courts intervene against arbitrariness, they uphold scheme parameters. This is general information based on precedents; individual cases may vary. Consult a legal expert or your department for personalized advice.
Disclaimer: This post is for informational purposes only and does not constitute legal advice.
#MACPScheme #FinancialUpgradation #ServiceLaw
4.6 The respondents submitted that the post of Laboratory Technician has been upgraded from Rs.3050 - 4590 to Rs.4000-6000 as per the recommendation of the Single Member Committee constituted locally and the grant of financial upgradation under ACP/ MACP schemes for such cadres ... Since the financial upgradation under ACP scheme could be granted only till 31.08.2008 and beyond this, benefits under the MACP scheme which has come in....
(ii) As contended by the respondents, whether MACP scheme is disadvantageous to the employees in comparison to ACP scheme as long as the financial upgradation is granted in hierarchy of grade pay under MACP scheme? ... Rs. 2800/-) but the applicants have been granted financial upgradation under MACP Scheme in the Pay Structure of PB-1 (Rs. 5200-20200/- + GP Rs. 2000) thus depriving of the said benefits without any justified reasons....
As per rules, the case of the applicant for grant of MACP ought to have been considered and kept in the sealed cover and same should have been opened and the recommendation of the committee would have been given effect to by granting the MACP w.e.f. 01.09.2008. ... As per DoP&T OM dated 19.05.2009, grant of financial upgradation under MACP is subject to the rules governing normal promotion, in other words, the criteria and conditions applicable in the matter of promot....
Based on this revised review, the committee decided to grant the first financial upgradation under the MACP Scheme, effective from 01.04.2013. Consequently, the applicant was granted the first financial upgradation in PB-3, with a grade pay of Rs. 4800/-. 13. ... The applicant contends that the Screening Committee, which met on 07.12.2020, found the applicant eligible for the first financial upgradation under the #....
Accordingly, the applicants were granted Non-Functional grade (treated as 1st Upgradation) w.e.f. 01.01.2006 and 2nd MACP was granted w.e.f. 01.01.2016 after completion of 10 years of service in the same grade pay. ... Learned counsel for the applicants argued that, the applicants were granted first Non-functional up gradation in the Grade Pay of Rs.4200/- w.e.f. 1.1.2006 and second MACP in the Grade pay of Rs.4600/- w.e.f. 2012 as per the recommendation of Screening ....
The recommendation of the Cadre Review Committee has already been reproduced above. From the perusal of the said recommendation, it is noted that the Committee decided that core scale of the post i.e. ... In other words, it is his case that only one financial upgradation has been granted which entitles the petitioner 2nd financial upgradation with effect from September 1, 2008 or in the alternative, September ... He h....
The recommendation of the Cadre Review Committee has already been reproduced above. From the perusal of the said recommendation, it is noted that the Committee decided that core scale of the post i.e. ... In other words, it is his case that only one financial upgradation has been granted which entitles the petitioner 2nd financial upgradation with effect from September 1, 2008 or in the alternative, September ... He h....
Rs.3050-75-3950-80-4590 on the basis of the recommendation of the screening committee. ... 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/-. ... The impugned order dated 22.10.2013 merely says that the applicants were only entitled for the grant of 2nd and 3rd #HL....
Apparently, the petitioner was having four `Very Good' to his credit, so he meets the eligibility criteria for grant of Third Financial Upgradation under the MACP Scheme. However, respondents acting in an arbitrary manner have not granted it to the petitioner. ... Upgradation under the MACP Scheme w.e.f. ... Petitioner was informed that in the Departmental Screening Committee held on 01.06.2021, he was found ineligible for grant of Third Financial #....
Hence, he is not entitled for 2nd financial upgradation under the ACPS beyond 31.08.2008. In the meantime MACP scheme was introduced by Government of India and as per the said scheme, he was rightly granted MACP benefits w.e.f. 01.09.2008 in the next grade pay. ... them between January and April, 2009 ie., prior to the issue of DOPT’s OM dated 19.05.2009 by which MACP Scheme came to be introduced and if based on such consideration by the Committee, it is ordered to gr....
“8.1 This Honourable Tribunal may be pleased to declare that the provisions of para 8.1 of Annexure-I to the OM No.35034/3/2008-Estt (D) dated 19.05.2009 is not applicable in the case of the applicant and he is eligible for the 3rd financial upgradation in Grade Pay of Rs: 6600 in P.B-3 as per the MACP Scheme and direct the Respondents to grant and disburse to the applicant the financial benefits within a reasonable period as decided by the Hon'ble Tribunal. K. V. JAYAKUMAR, J Feeling aggrieved by the order of the Central Administrative Tribunal in O.A.No.916/2016 dated 12.04.2019, the app....
Clause 28 contains illustrations as to grant of financial upgradation under MACP. The illustrations in Clause 28 of the Scheme can easily be understood by referring to the First Schedule, Part-A of Section 1 of Central Civil Services (Revised Pay) Rules, 2008 which gives a comparison of the scale of pay under the 5th Pay Commission and the 6th Pay Commission as under:- THE FIRST SCHEDULE (SEE RULES 3 & 4) PART-A SECTION I Revised Pay Bands and Grade Pays for posts carrying present scales in Group 'A, 'B', 'C & 'D' except posts for which different revised scales are notified....
On 31.01.1981, he was given change of cadre as Mechanic, P & T MMS unit, Vijayawada and was thereafter promoted to the cadre of Highly Skilled Artisan Grade II with effect from 01.08.1994. After introduction of MACP scheme, he was granted MACP-II Financial Upgradation with effect from 01.09.2008.
Subsequently, the Government of India vide notification dated 19.5.2009 introduced a new scheme as 'Modified Assured Career Progression (MACP) Scheme' w.e.f. 01.09.2008 wherein financial upgradation was to be granted on completion of 10, 20 and 30 years of service respectively. The applicant-private respondent made a representation on 31.07.2015 claiming entitlement to second ACP on completion of 24 years of service in December, 2003 after counting the Army service, on account of the fact that on his promotion as Senior Auditor he was not granted first ACP and became entitled to third financ....
The applicant-private respondent made a representation on 31.07.2015 claiming entitlement to second ACP on completion of 24 years of service in December, 2003 after counting the Army service, on account of the fact that on his promotion as Senior Auditor he was not granted first ACP and became entitled to third financial upgradation under MACP in December, 2009 after completion of 30 years of service by counting Army service. Subsequently, the Government of India vide notification dated 19.5.2009 introduced a new scheme as 'Modified Assured Career Progression (MACP) Scheme' w.e.f. 01.09.2008....
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