UNION OF INDIA Vs. N.M. RAUT

JUDGEMENT

(1.) Leave granted.

(2.) This judgment decides the aforestated appeals, which are concerned with the interpretation and implementation of the Modified Assured Career Progression Scheme, 2008(For short, "MACPS.") applicable with effect from 1/9/2008.

(3.) The MACPS was considered by a Bench of three Judges of this Court in "Union of India and Others v. M.V. Mohanan Nair",(2020) 5 SCC 421 and other connected matters. This judgment elaborately compared the MACPS with the Assured Career Progression Scheme(For short, "ACP."), which was introduced with effect from 9/8/1999 and continued to remain in force till 31/8/2008. In a nutshell, this Court held that the MACPS differed from the ACPS on several aspects, including two significant ones. First, the ACPS envisaged financial upgradations on completion of 12 years and 24 years of regular service without one or two promotions, as the case may be, whereas the MACPS envisaged three financial upgradations after completion of regular service of 10, 20, and 30 years without promotions and continuing on the same Grade Pay for a decade. Second, the financial upgradation under the ACPS was to the pay scale of the next higher promotional post in the service whereas, under the MACPS, financial upgradation was not with reference to the next higher promotional post but to the next higher grade pay in the scale of pay, as notified upon implementation of the Central Civil Services (Revised Pay) Rules, 2008(CCS RP Rules).