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1 - 6 of 6 (0.21 seconds)The Code of Civil Procedure, 1908
Raj Pal Sharma And Ors. vs State Of Haryana And Ors. on 10 May, 1985
"51, The ACP Scheme which is now superseded by MACP Scheme is a matter of
government policy. Interference with the recommendations of the expert body like Pay
Commission and its recommendations for the MACP, would have serious impact on the
public exchequer. The recommendations of the Pay Commission for MACP Scheme has been
accepted by the Government and implemented. There is nothing to show that the Scheme is
arbitrary or unjust warranting interference. Without considering the advantages in the
MACP Scheme, the High Courts erred in interfering with the government's policy in
accepting the recommendations of the Sixth Central Pay Commission by simply placing
reliance upon Raj Pal's case. The impugned orders cannot be sustained and are liable to be
set aside."
Union Of India vs M.V. Mohanan Nair on 5 March, 2020
Finally, this issue has been settled conclusively by the Hon'ble Apex Court in
Mohanan Nair (supra) in which the Hon'ble Apex Court has ruled in the following
lines :-
K.G. Krishna Murthy (Died) Per Lrs. And ... vs The Joint Collector And Ors. on 22 October, 2007
In continuation of Department of Personnel Training's earlier O.M. of even no. dated 20.01.2016 and dated
01.03.2016 on the above mentioned subject, the undersigned is durected to forward a copy of the decision dated
28.04.2016 of Hon'ble CAT, Calcutta Bench in OA No. 351/00195/2014 filed by Shri S.H.K. Murti & Others Vs. UOl &Ors
whereby the of the applicant for MACP in promotional hierarchy has Seen dismissed, for necessary action and
compliance. The Hon'ble Tribunal in the aforesaid decisian dated 28,04,2016 has held that the MACP benefit would be
given in the hierarchy of next higher Grade Pay and not in Grade Pay of promotianal kierarchy which will be payable
on actual promotion. :
Ved Prakash Sehgal (Dead) Thr. Lrs. vs A.D.Desai on 26 September, 2018
In the case of Mohanan Nair (supra), the Ernakulam Bench of this Tribunal,
while relying on the decision of the Principal Bench in the matter of Ved Prakash
Vs. Uol (0.A. 624 of 2012), granted MACP benefits by allowing Grade Pay in the |
eA
' 12 OA 350/1638/2018
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