UNION OF INDIA AND OTHERS versus EX. HC/GD VIRENDER SINGH

UNION OF INDIA AND OTHERS versus EX. HC/GD VIRENDER SINGH

The appeals are partly allowed: the MACP Scheme is applicable with effect from 1.9.2008 as operationalised by Office Memorandum dated 19.05.2009; under MACP entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of pay bands as per Section 1, Part A of the First Schedule...

Source-derived case information.

Parties
Appellant: Union of India and Others; Respondent: Ex. HC/GD Virender Singh
Jurisdiction
India
Judgment Date
22 August 2022
Procedural Posture
Civil Appeal / Disposed
Outcome
Appeals partly allowed; impugned judgments set aside in part.
Legal Topics
Modified Assured Career Progression (macp) Scheme, Assured Career Progression (acp) Scheme, Financial Upgradation, Implementation Date of Pay Rules and MACP, Pre Promotional Norms and Relaxation for Central Armed Police Forces
Service Law Constitutional Law Modified Assured Career Progression (macp) Scheme Assured Career Progression (acp) Scheme Financial Upgradation Implementation Date of Pay Rules and MACP Pre Promotional Norms and Relaxation for Central Armed Police Forces

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Parties

Union of India and Others

Appellant

Ex. HC/GD Virender Singh

Respondent

Procedural Posture

Civil Appeal / Disposed

Legal Issues

  1. 1 Whether the MACP Scheme is applicable with effect from 1.1.2006 or with effect from 1.9.2008 as per O.M. dated 19.05.2009?
  2. 2 Whether under the MACP Scheme entitlement is to financial upgradation equivalent to pay/grade pay of the next promotional post or to the immediate next grade pay in the hierarchy?
  3. 3 Whether Central Armed Police Forces personnel are entitled to financial upgradation under MACP where, for administrative reasons, they could not undergo pre-promotional courses?

Ratio Decidendi

The appeals are partly allowed: the MACP Scheme is applicable with effect from 1.9.2008 as operationalised by Office Memorandum dated 19.05.2009; under MACP entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of pay bands as per Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008; and Central Armed Police Forces personnel who could not undergo pre-promotional courses for administrative reasons are entitled to relaxation for grant of MACP benefits.

Court Disposition

Appeals partly allowed; impugned judgments set aside in part.

Orders

  • MACP Scheme held applicable with effect from 1.9.2008 as per Office Memorandum dated 19.05.2009.
  • Under MACP entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008.