Document Fragment View

Matching Fragments

(g) Pass any other and further order which this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."

3. Paragraph 2 of the MACPS is relevant for our purposes. It reads as under:-

"2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion."

7. From the above extracts, particularly of paragraph 2 and 20 of the MACPS, it is evident that the MACPS envisages the placement in the immediate next higher grade pay in the hierarchy of the recommended revised Pay Bands and grade pays as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. It is also clear that the financial upgradation under the MACPS is purely personal to the employee and does not have any relevance to his seniority position. As such, there is also a possibility of a junior employee, who having got the benefit of financial upgradation, getting a higher pay/grade pay than a senior employee.

8. We may also point out that in paragraph 19 of the MACPS it has been categorically stated that the financial upgradation under the scheme amounts to mere placement on a personal basis in the immediate higher grade pay/grant of financial benefits only and does not amount to actual/functional promotion of the employee concerned. In other words, the question of promotion to the next hierarchical post is totally de-linked from the question of grant of financial upgradation.

9. From the above mentioned First Schedule (Part-A) in Section I of the CCS (Revised Pay) Rules, 2008 it is apparent that the respondents fall within serial No.17 which falls in Pay Band-3 corresponding to the pay scale of `15600-39100 which has the corresponding grade pay of `5400/-. The relevant portion of the table is given below:-

counted for the purpose grade pay in the hierarchy of of MACPS? recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purpose of MACPS.