UNION OF INDIA Vs. P.M. WAGH

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

(2.) Both these petitions involve a common question as to interpretation to be placed on para 11 of the Office Memorandum (OM) dated 19.5.2009, by which the Modified Assured Career Progression Scheme (MACP) was made applicable to the Central Government employees. As both these petitions involve common question, they are being disposed of by this common judgment.

(3.) The petitioners in both these petitions are in the employment of the Central Government. By Office Memorandum dated 9.8.1999, Assured Career Progression scheme (ACP/Old Scheme) was made applicable to the Central Government employees. The scheme envisaged an assured upgradation to the next pay scale after a period of 12 years and 24 years of service i.e. twice in the service career to the employees subject to certain conditions. The said scheme was modified by the Office Memorandum dated 19.5.2009 and a Modified Assured Career Progression Scheme (MACP) was made applicable retrospectively with effect from 1.9.2008. The said modified scheme envisages three such career progressions (instead of two under the ACP on completion of 10 years, 20 years and 30 years of service, subject to other conditions. Para 11 of the Office Memorandum which is relevant for the purpose reads as under: