MACP Scheme, Delhi High Court Order, Arrear with 9% Interest and in 8 weeks

Central Govt Employees

W.P.(C) No.9357/2016 Page 1 of 24
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 06.07.2017
Pronounced on: 20.12.2017
+ W.P.(C) 9357/2016
HARI RAM & ANR ….. Petitioners
Through : Ms. Jyoti Singh, Sr. Advocate with
Sh. Padma Kumar S., Sh. Amandeep Joshi and
Sh. Himanshu Gautam, Advocates.
versus
REGISTRAR GENERAL, DELHI HIGH COURT….. Respondent
Through : Sh. Sanjoy Ghose, Sh. Rhishabh
Jetley, Ms. Pratishtha Vij and Sh. Urvi Mohan,
Advocates.
CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE S.P.GARG
S. RAVINDRA BHAT, J.
1. Complaining of unjustified denial of third financial upgradation
under the Modified Assured Career Progression Scheme (hereafter called
“MACPS”, for convenience), the writ petitioners approach this Court
under Article 226 of the Constitution for appropriate directions.
2. Both the petitioners joined the establishment of the High Court
initially in the cadre of Upper Division Clerk [UDC] (the first petitioner
on 05.09.1998 and the second petitioner on 22.10.1984) from which theywere promoted to the cadre of UDC (again on 05.09.1998 and
13.05.1999 respectively) and finally to the cadre of Reader (first
petitioner on 09.10.2007 and second petitioner on 18.07.2008).
The action impugned is the denial of their claim for a third financial
upgradation. The petitioners challenge an order of the Screening
Committee of the High Court which rejected their claim for third
financial upgradation. In terms of the MACPS, an employee is entitled to
assured career progression at 10 years’ intervals – thus, the first financial
up-gradation is after 10 years of service; the second after 20 years of
service and the third, on completion of 30 years of service.
3. The MACPS had its precursor in Assured Career Progression
Scheme (ACP), formulated by the Central Government and brought into
force with effect from 09.08.1999. The ACP guaranteed career
progression after completion of 12 years of service. The precondition for
the applicability of ACP and MACPS is that the concerned officer or
employee should not have been promoted. As corollary, in the event of
promotion, the concerned career progression benefit at the appropriate
stage was to be denied. For instance, if an individual is promoted before
the completion of 10 years, she or he cannot avail the ACP/MACPS
benefit upon completion of 10 years and would instead have to wait for
the completion of 20 years for the second upgradation, provided she/he is
not promoted a second time in the career. Initially, upon the publication
of the ACP, several queries were urged and doubts sought to be allowed,
through an Office Memorandum containing clarifications to Frequently Asked Questions. The first of these – applicable to the ACP was
published on 01.02.2000. The second was made applicable after the
MACPS was brought into force, i.e. 01.09.2008 (through the OM dated
19.05.2009).
4. A related development relevant to the facts of this case is that the
Fifth Central Pay Commission [hereafter “the Fifth CPC”] introduced, for
the first time, the concept of “Grade Pay” applicable to each of the
Central pay or pay band. This principle applied to the recommendations
of the Sixth Central Pay Commission [hereafter “the Sixth CPC”] which
were implemented by the Central Government through the rules
formulated in 2008. From time to time, various departments in the
Central Government; other establishments such as the Delhi High Court,
which follows the pattern of pay applicable to Central Government
employees and the applicable rules were based upon felt needs, and
having regard to the exigencies or peculiarities of the departments and
their functioning recommended the “upgradation” of pay to certain
classes or categories of officers.” These upgradations could be
performance based or purely based upon fulfillment of certain conditions.
5. The petitioners’ claim is that upon completion of 30 years of
service given that they were promoted only twice in their careers, the
third upgradation assured to them under the MACPS had to be granted.
In support of their contention, they argued that they had fulfilled
conditions for the application of the relevant conditions under the
MACPS:

W.P.(C) No.9357/2016 Page 4 of 24
…“6.1 In the case of ACP upgradations granted between
01.01.2006 and 31.08.2008, the Government servant has
the option under the CCS (RP) Rules, 2008 to have his
pay fixed in the revised pay structure either (a) w.e.f.
01.01.2006 with reference to his pre-revised scale as on
01.01.2006; or (b) w.e.f. the date of his financial
upgradation under ACP with reference to the pre-revised
scale granted under ACP. In case of option (b), he shall
be entitled to draw his arrears of pay only from the date
of his option i.e. the date of financial upgradation under
ACP.
6.2 In cases where financial upgradation had been
granted to Government servants in the next higher scale
in the hierarchy of their cadre as per the provisions of
the ACP Scheme of August, 1999, but whereas as a result
of the implementation of Sixth CPC’s recommendations,
the next higher post in the hierarchy of the cadre has
been upgraded by granting a higher grade pay, the pay
of such employees in the revised pay structure will be
fixed with reference to the higher grade pay granted to
the post. To illustrate, in the case of Jr. Engineer in
CPWD, who was granted 1stACP in his hierarchy to the
grade of Asstt. Engineer in the pre-revised scale of
Rs.6500-10500 corresponding to the revised grade pay of
Rs.4200 in the pay band PB-2, he will now be granted
grade pay of Rs4600 in the pay band PB-2 consequent
upon upgradation of the post of Asstt. Enggs. in CPWD
by granting them the grade pay of Rs.4600 in PB-2 as a
result of Sixth CPC’s recommendation. However, from
the date of implementation of the MACPS, all the
financial upgradations under the Scheme should be done
strictly in accordance with the hierarchy of grade pays in
pay bands as notified vide CCS (Revised Pay) Rules,
2008.

Delhi High Court Judgment

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