THE DIRECTOR, DIRECTORATE OF ENFORCEMENT & ANR. versus K. SUDHEESH KUMAR & ORS.

THE DIRECTOR, DIRECTORATE OF ENFORCEMENT & ANR. versus K. SUDHEESH KUMAR & ORS.

The MACP Scheme provides entitlement to the immediate next higher grade pay in the hierarchy as per Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008 and clause 8.1 treats grade pay of Rs.5400 in PB-2 and Rs.5400 in PB-3 as separate grade pays; therefore respondents in PB-2 were entitled to Rs.5400 and not Rs.6600 and the High Court erred in granting Rs.6600 which corresponded to the next promotional post; the High Court judgment is quashed and the Central Administrative Tribunal judgment restored; pensions to be refixed accordingly with limited protection against recovery for the prior period

Parties
Appellant: The Director, Directorate of Enforcement & Anr.; Respondent: K. Sudheesh Kumar & Ors.
Jurisdiction
India
Judgment Date
28 January 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed; impugned High Court judgment and order quashed and set aside; Central Administrative Tribunal judgment restored
Legal Topics
Modified Assured Career Progression (macp) Scheme, Grade Pay, CCS (revised Pay) Rules, 2008
Service Law Administrative Law Pension Modified Assured Career Progression (macp) Scheme Grade Pay CCS (revised Pay) Rules, 2008

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Parties

The Director, Directorate of Enforcement & Anr.

Appellant

K. Sudheesh Kumar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether under the MACP Scheme an employee on third financial upgradation is entitled to the grade pay of Rs.6600 or the immediate next higher grade pay of Rs.5400 as per clause 8.1 and Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008
  2. 2 Whether the High Court erred in treating entitlement under MACP as entitlement to the grade pay of the next promotional post and effectively modifying the MACP Scheme

Ratio Decidendi

The MACP Scheme provides entitlement to the immediate next higher grade pay in the hierarchy as per Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008 and clause 8.1 treats grade pay of Rs.5400 in PB-2 and Rs.5400 in PB-3 as separate grade pays; therefore respondents in PB-2 were entitled to Rs.5400 and not Rs.6600 and the High Court erred in granting Rs.6600 which corresponded to the next promotional post; the High Court judgment is quashed and the Central Administrative Tribunal judgment restored; pensions to be refixed accordingly with limited protection against recovery for the prior period

Court Disposition

Appeal allowed; impugned High Court judgment and order quashed and set aside; Central Administrative Tribunal judgment restored

Orders

  • Impugned judgment and order of the High Court dated 23.10.2019 quashed and set aside
  • Judgment and order of the Central Administrative Tribunal restored