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| Circular number | No. 8015/2022 |
|---|---|
| Type | Commercial Circular |
| Topic | upgradation |
financial upgradation under MACPS (in the next Grade Pay
2024 INSC 1042
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 8015 OF 2022)
UNION OF INDIA & ORS.
.....
PETITIONER(S)
VERSUS
N.M. RAUT & ORS.
.....
RESPONDENT(S)
with
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 10457-10458 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 11342-11343 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 10475-10476 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 10642-10643 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 12354-12355 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 15188-15189 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 10693-10694 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 10272-10273 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 11119-11120 of 2022)
CIVIL APPEAL NOS. OF 2024
(arising out of SLP(C) NOS. 11207-11208 of 2022)
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 2995 of 2023)
CA @ SLP(C) No. 8015/2022 etc.
1
VERDICTUM.IN
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 2557 of 2023)
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 3197 of 2024)
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 3198 of 2024)
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 9604 of 2024)
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 12060 of 2024)
and
CIVIL APPEAL NO. OF 2024
(arising out of SLP(C) NO. 12261 of 2024)
J U D G M E N T
Civil Appeals @ SLP(C) Nos. 8015 OF 2022, 10457-10458 of 2022,
11342-11343 of 2022, 10475-10476 of 2022, 10642-10643 of 2022,
12354-12355 of 2022, 15188-15189 of 2022, 10693-10694 of 2022,
10272-10273 of 2022, 11119-11120 of 2022, 11207-11208 of 2022,
2995 of 2023 and 2557 of 2023
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, 20081, applicable with
effect from 01.09.2008.
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”2 and
other connected matters. This judgment elaborately compared the
MACPS with the Assured Career Progression Scheme3, which was
1 For short, “MACPS.”
2 (2020) 5 SCC 421.
3 For short, “ACP.”
CA @ SLP(C) No. 8015/2022 etc.
2
VERDICTUM.IN
introduced with effect from 09.08.1999 and continued to remain in
force till 31.08.2008. 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, 20084.
4. The decision in M.V. Mohanan Nair (supra) was subsequently
followed and elaborated upon by this Court in (i) “Union of India
v. R.K. Sharma and Others5; (ii) “Director, Directorate of
Enforcement and Another v. K. Sudheesh Kumar and Others6”; and
(iii) “Union of India and Others v. Ex.HC/GD Virender Singh7.”
5. In K. Sudheesh Kumar (supra), this Court had specifically dealt
with Clause 8.1 of the MACPS and observed that the next financial
upgradation in terms of Section 1, Part-A of the First S
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