UNION OF INDIA & ORS. versus N.M. RAUT & ORS.

UNION OF INDIA & ORS. versus N.M. RAUT & ORS.

Prior financial upgradations granted under the CCS (Revised Pay) Rules, including non-functional upgradations granted on completion of two or four years of service, must be taken into account and treated as financial upgradations for the purpose of reckoning entitlement and intervals under the MACPS; an incumbent cannot simultaneously claim the benefits of a time-bound/in-situ promotion scheme and MACPS, and therefore the High Court judgments allowing MACPS benefits without accounting for such prior upgradations were set aside; limited directions on recoveries and prospective re-determination of pension/pay were issued.

Parties
Appellant: Union of India & Ors.; Respondent: N.M. Raut & Ors.
Jurisdiction
India
Judgment Date
12 December 2024
Procedural Posture
Civil Appeal / Judgment
Outcome
Appeals allowed and impugned High Court judgments set aside; appeals disposed of.
Legal Topics
Modified Assured Career Progression Scheme, 2008, Assured Career Progression Scheme, 1999, Financial Upgradation, Non Functional Upgradation, Central Civil Services (revised Pay) Rules, Interpretation and Implementation of MACPS, Recovery of Alleged Overpayments, Terminal Benefits and Pension Re Determination
Service Law Administrative Law Employment Law Public Law Modified Assured Career Progression Scheme, 2008 Assured Career Progression Scheme, 1999 Financial Upgradation Non Functional Upgradation +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Union of India & Ors.

Appellant

N.M. Raut & Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether non-functional financial upgradations/rehabilitations granted under CCS(RP) Rules on completion of two or four years of service are to be counted for reckoning entitlement and intervals under MACPS
  2. 2 Whether an incumbent can simultaneously avail benefits under an existing time-bound/in-situ promotion scheme and the MACPS
  3. 3 Proper method of computation of financial upgradations under MACPS with reference to prior upgradations under ACPS/CCS(RP) Rules

Ratio Decidendi

Prior financial upgradations granted under the CCS (Revised Pay) Rules, including non-functional upgradations granted on completion of two or four years of service, must be taken into account and treated as financial upgradations for the purpose of reckoning entitlement and intervals under the MACPS; an incumbent cannot simultaneously claim the benefits of a time-bound/in-situ promotion scheme and MACPS, and therefore the High Court judgments allowing MACPS benefits without accounting for such prior upgradations were set aside; limited directions on recoveries and prospective re-determination of pension/pay were issued.

Court Disposition

Appeals allowed and impugned High Court judgments set aside; appeals disposed of.

Orders

  • Impugned judgments set aside and appeals allowed
  • Respondents are entitled to MACPS benefits only after accounting for all financial upgradations earned under the CCS (Revised Pay) Rules