Delhi HC dismissed a writ petition by the Union of India. The Court held that the MACP Scheme was not applicable to a petitioner who retired in 2007 before the scheme's enforcement on 01.09.2008. The impugned order granting upgradation is set aside.
Writ petition allowed; impugned order dated 18.04.2016 setting aside; OA No. 2387/2014 treated as dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus
ANAND SINGH ..... Respondent Through Mr. B. K. Berera, Advocate
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE CHANDER SHEKHAR
O R D E R % 02.12.2016
“5. On going through the facts of this case and the provisions of the MACP Scheme, we find that there is considerable merit in the submissions of the learned counsel for the applicant. The applicant has relied upon Annexure-I of the MACP Scheme in support of his claim wherein as illustrations cases of employees working in pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 have been discussed. IT has been provided that since these pay scales have been merged by the VIth CPC, the promotion/upgradation granted in these scales prior to 01.01.2006 have to be ignored.
5.1 If provisions of the MACP Scheme are applied in the instant cases, then it would follow that the applicant, who had joined service on 18.09.1965, had got only one promotion as
Research Investigator Grade-I in the year 1984. Consequently, he became entitled to second financial upgradation under the MACP Scheme w.e.f. 01.01.2006.
5.2 In view of the above, we allow this O.A. The respondents are directed to consider granting second financial upgradation to the applicant under MACP Scheme w.e.f. 01.01.2006. If found eligible, he shall also be entitled to pay and pension revision and the monetary benefits arising out of the same. These benefits shall be extended to him within a period of eight weeks from the date of receipt of a certified copy of this order. No costs.”
fixation of pay under the Central Civil Services (Revised Pay) Rules, 2008 (2008 Rules)The contention of the respondent, that he was wrongly denied benefit of the merger of scales under the 2008 Pay Rules, is not correct.
career. The ACP scheme had envisaged two financial upgradations/promotions and not more.
SANJIV KHANNA, J.
CHANDER SHEKHAR, J.
DECEMBER 02, 2016 b
2 issues framed by the court
Whether the Modified Assured Career Progression (MACP) Scheme applies to a petitioner who retired before its enforcement.
Whether the applicant is entitled to financial upgradation benefits under the scheme given his retirement date.
Union of India & Anr
Anand Singh
Sanjiv Khanna
Chander Shekhar
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
