Read Time: 04 minutes

Synopsis

The Supreme Court has held that the Modified Assured Career Progression Scheme (MACP Scheme) is applicable and to be implemented with effect from 1st September 2008, and not from 1st January 2006, the date from which the Central Civil Service (Revised Pay) Rules, 2008 were enforced.

A division bench has further held that under the Scheme, the entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008.

Court has also held that fulfillment of pre-promotional norms for grant of financial upgradation would not be insisted in the case of the Central Armed Forces personnel where, for administrative or other reasons, they could not be sent or undergo the pre-promotional course.

The MACP Scheme is an incentive scheme devised with the object of ensuring that the government employees who have stagnated for a lack of adequate promotional avenues are given benefit in the form of financial upgradation.

Union of India filed an appeal before the Top Court raising issues relating to the Scheme.

Top Court noted that financial upgradation is personal and does not amount to regular or actual functional promotion.

A bench comprising Justice Sanjiv Khanna and Justice Bela Trivedi further noted that the financial upgradation does not require creation of a new post as it has no relevance to the seniority position and principles of reservation are not applicable.

With this view, Top Court set aside the judgment of the High Court which had held that MACP scheme is applicable with effect from 1st January, 2006 and that under the MACP Scheme the employees are entitled to financial upgradation equivalent to the next promotional post.

Case Title: UNION OF INDIA AND OTHERS vs. EX. HC/GD VIRENDER SINGH