BALODEV PAL Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) The dispute in question is centered around the interpretation of the applicability of the Modified Assured Career Progression Scheme (MACPS) introduced with effect from September 1, 2009 by the Central Government. The said scheme replaced and modified the then existing Assured Career Progress Scheme (ACPS), that was introduced on August 9, 1999. Broadly the objects of two schemes were inter alia to provide a financial benefit to those employees in the Central Government and/or related posts who had, in fact no avenue of promotion or were stagnating in their existing posts. Under the ACP Scheme two automatic revisions of grade pay i.e. on completion of twelve years of service and thereafter on completion of twenty four years of service, were to take place. The revision under the ACP Scheme was an automatic change over from the pay grade in the existing posts to the pay grade under the next higher promotional posts.

(2.) There were certain other conditions specified for applicability of the ACP Scheme which are however not relevant in the facts of this case.

(3.) Thereafter, on the recommendation of the Sixth Pay Commission, which was itself made after receiving the representations from all stakeholders the existing ACP Scheme was modified. The new scheme was called Modified Approved Career Progression Scheme (MACP, Scheme). The salient features of MACP Scheme was that three separate revisions were proposed (as opposed to two under the earlier ACP Scheme). The said three revisions were after completion of ten years, twenty years and thirty years of service. The quantum of revision was also changed. Under the MACP Scheme the revision was from the existing pay grade to the next higher pay grade (not in the pay grade of next higher posts).