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

Citation: [2022] 10 S.C.R. 215 · Decided: 22-08-2022 · Supreme Court of India · Bench: SANJIV KHANNA · Disposal: Disposed off
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Judgment (excerpt)

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UNION OF INDIA AND OTHERS
v.
EX. HC/GD VIRENDER SINGH
(Civil Appeal No. 5545 of 2022)
AUGUST 22, 2022
[SANJIV KHANNA AND BELA M. TRIVEDI, JJ.]
Service Law – Central Civil Services (Revised Pay) Rules, 2008
– Modified Assured Career Progression Scheme (MACP scheme) –
This Court framed three questions for consideration – (i) Whether
the MACP Scheme is applicable and to be implemented with effect
from 1st January 2006, the date from which the Central Civil Service
(Revised Pay) Rules, 2008 were enforced, or in terms of O.M. dated
19th May 2009 with effect from 1st September 2008? – (ii)Whether
under the MACP Scheme the respondents are entitled to financial
upgradation equivalent to the pay scale/grade pay of the next
promotional post in the hierarchy, or the immediate next grade pay
bands as stated in section 1, Part A of the First Schedule to the
Central Civil Services (Revised Pay) Rules, 2008? – (iii) Whether
the respondents, who belong to the Central Armed Police Forces,
are entitled to grant of financial upgradation under the MACP
Scheme, if for administrative reasons they were unable to fulfil the
pre-proportional norms? Held: MACP Scheme is applicable with
effect from 1.9.2008 – Supreme Court in Union of India and Others
v. M.V. Mohanan Nair has already answered the second issue – It
was held that under the MACP Scheme, financial upgradations are
granted at three regular intervals on completion of 10-20-30 years
of service without promotion – MACP Scheme puts an end and
rectifies the problem arising from inter-departmental disparities in
re the pay scales of the next promotional post – It is seen that the
term “grade pay in the next promotional post” is conspicuously
absent in the entire body of the MACP Scheme – Under MACP the
entitlement is to financial upgradation equivalent to immediate next
grade pay and not to the immediate next promotional post – The
third issue, which relates to the fulfilment of pre-promotional norms
for grant of financial upgradation, is decided against the appellant-
Union of India to the extent that this would not be insisted in the
case of the Central Armed Forces personnel where, for
[2022] 10 S.C.R. 215
215
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SUPREME COURT REPORTS
[2022] 10 S.C.R.
administrative or other reasons, they could not be sent or undergo
the pre-promotional course.
Disposing of the appeals, the Court
HELD: 1.1 As rightly held in R.K. Sharma, the reasoning
given in the case of Balbir Singh Turn, in opinion of this Court,
has not been accepted by the three Judge Bench decision in the
case of M.V. Mohanan Nair, which in clear terms holds grant of
financial upgradation under the MACP Scheme is not a matter of
pay structure, but an incentive scheme brought into force to
relieve stagnation which operates on its own terms. This Court
may add that the pay scales are fixed and revised by the rules
which are enacted in exercise of powers conferred by the proviso
to Article 309 and clause (5) of Article 148 of the Constitution of
India. Therefore, vide Notification dated 29th August 2008, the
Central Civil Services (Revised Pay) Rules, 2008 were enacted
vide G.S.R. No. 622(E). Rule 1(2) states that the Rules, as enacted,
shall be deemed to have come into force on 1st January 2006.
The aforesaid Rules neither postulate nor have any provision for
grant of financial upgradation under the MACP Scheme. It is to
be further noted, and it is an accepted position of both parties,
that the MACP Scheme, as implemented, postulates grant of
financial upgradation after 10, 20 and 30 years of regular service
and not after 8, 16 or 24 years of regular service, as was originally
envisaged in terms of Government Resolution dated 30th August
2008, or for that matter, 10 or 20 years of service, as was
recommended by the Sixth Central Pay Commission. In our
opinion, the Resolution of the Central Government dated 30th
August 2008 cannot be read as conferring any right on the
government employees. The resolution was not notified and
enforced to confer a legal right. The Office Memorandum dated
19.05.2009 promulgates and operationalises the MACP Scheme
with effect from 01.09.2008. The Office Memorandum states that
financial upgradations as per the provisions of the earlier ACP
Scheme would be granted till 30.08.2008. Further, past cases
would not be re-opened and the difference in pay scales on account
of grant of financial upgradation under the old ACP Scheme and
the MACP Scheme shall not be construed
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