Petitioners sought MACP financial upgradation in the grade pay of the next promotional post instead of the immediate next higher grade pay. Relying on Supreme Court decisions settling that MACP grants only the next higher grade pay, the Court found no merit and dismissed the writ petition.
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*** IN THE HIGH COURT OF DELHI AT NEW DELHI**
(41) RAJENDRA SINGH SHEKHAWAT & ORS. ..... Petitioners Through: Mr. Sanjay Mani Tripathi, Mr. Kamal Kant Tripathi, Mr. Aditya Raj and Mr. Suraj Kumar Singh, Advs.
versus
UNION OF INDIA & ORS. ..... Respondents
Through:
CORAM:
HON'BLE MR. JUSTICE V. KAMESWAR RAO HON'BLE MR. JUSTICE SAURABH BANERJEE
V. KAMESWAR RAO, J. (ORAL)
CM APPL. 1474/2024
Exemption allowed subject to all just exceptions.
Application stands disposed of.
W.P.(C) 317/2024
prayers:-
“a.) issue writ/ order or direction 1n the nature of mandamus directing the Respondents to grant the Petitioners the benefit of arrears of 1st Financial
Upgradation in the ACP Scheme from the date of completion of their 12 years of service till the date of promotion as Head Constable (GD); and/ or
b) issue writ/ order or direction in the nature of mandamus directing the Respondents to grant the Petitioners the benefit of 2nd MACP Upgradation on completion of 20 years of service in
Signature Not Verified
W.P.(C) 317/2024
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the pay band of 9300-34800 with grade pay of 4200, from the date of completion of 20 years of service; and/ or
c) issue writ/order or direction in the nature of mandamus directing the Respondents to fix the pay of Petitioners in eligible and admissible pay scales as per hierarchy after granting financial upgradation under MACP from their respective due dates in the pay scale of SI (Sub Inspector) with admissible grade pay; and/or
d) issue writ/ order or direction 1n the nature of mandamus directing the Respondents to issue revised pension order paying arrears of pension in cases of Petitioner Nos. 16 and 23 and the arrears of pay, accordingly on the interest@ 12% p.a. from the date due; and/ or
e) pass such other order or orders this Hon'ble Court may deem fit and proper in the circumstances of the case.”
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“29 ... Under the MACP Scheme, financial upgradations are granted at three regular intervals on completion of 10-20-30 years of service without promotion. Hence, it is also intended to ensure that the employees are adequately incentivised to work efficiently despite not getting promotion for want of promotional avenue. The change in policy brought about by supersession of the ACP Scheme with the MACP Scheme is after well-deliberated and well-documented recommendations of the Sixth Central Pay Commission. Considering the various issues in the implementation of the ACP Scheme, the Pay Commission expressed its views "the only other way is to bring systematic changes in the existing Scheme of ACP so that all the employees irrespective of the existing hierarchy structure in their organisations/cadres, get some benefit under it". The Commission therefore, recommended that the existing scheme of ACP to be continued with the modifications indicated thereon in the report that the financial upgradation has to be in the next immediate grade pay. One of the reasons for the expert body recommending the MACP Scheme was that there were interdepartmental disparities where several departments had varying promotional hierarchies. As a result, the working of ACP Scheme under which an employee who stagnated for 12 years, was entitled to pay in the pay scale of the next promotional post, led to interdepartmental anomalies. The Pay Commission therefore, recommended MACP Scheme with a view to putting an end to the problem ensuing from interdepartmental disparities.
30. ........By perusal of the MACP Scheme extracted earlier, it is seen that the words used in the Scheme are “placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands”. The term “grade pay in the next promotional post” is conspicuously absent in the entire body of the MACP Scheme. The argument of the respondents that the benefit of MACP Scheme is referable to the promotional post, is dehors the MACP Scheme and cannot be accepted. Though ACP and MACP Schemes are intended to provide relief against stagnation, both the schemes have different features. Pay scales under the Sixth Pay Commission
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and the MACP Scheme are stated to be more beneficial since it extends to the employees with time intervals with higher pay bands and various facilities which were not available under the ACP Scheme including the three financial upgradations in shorter time span. In any event, MACP Scheme has not been challenged by the respondents. As rightly contended by the learned ASG, the respondents cannot be permitted to cherrypick beneficial features from the erstwhile ACP Scheme and also take advantage of the beneficial features in the MACP Scheme.
31. The object behind the MACP Scheme is to provide relief against the stagnation. If the arguments of the respondents are to be accepted, they would be entitled to be paid in accordance with the grade pay offered to a promotee; but yet not assume the responsibilities of a promotee. As submitted on behalf of Union of India, if the employees are entitled to enjoy grade pay in the next promotional hierarchy, without commensurate responsibilities as a matter of routine, it would have an adverse impact on the efficiency of administration.”
V. KAMESWAR RAO, J
SAURABH BANERJEE, J
JANUARY 10, 2024 /ds
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W.P.(C) 317/2024
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1 issue framed by the court
Whether petitioners were entitled to MACP upgradation in the grade pay of the next promotional post rather than the immediate next higher grade pay.
Colour shows how this judgement treated each authority
Union of India and others v. Ex. HC/GD, Virender SinghRelied on¶3
Union of India and others v. Ex. HC/GD, Virender Singh, Civil Appeal @ SLP (C) No. 16442 of 2021 & Ors., decided on August 22, 2022
Union of India and others v. M. V. Mohanan NairRelied on¶3
Union of India and others v. M. V. Mohanan Nair, (2020) 5 SCC 421 · Who else cites this
Rajendra Singh Shekhawat & Ors.
Union of India
V. KAMESWAR RAO
SAURABH BANERJEE
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
