grade pay at the time of financial upgradation under the MACPS
can, in certain cases where regular promotion is not between two successive
grades ... case. Rajpal’s case did not go into any
details in respect of the overall features of the new MACP
Scheme and did not consider
Government of
India was contemplating to bring into effect the MACP Scheme,
the cases of such employees, which were due for consideration
after 1st September ... case, the appellants have not finalized the cases of
any of the respondentsÂemployees for their entitlement
under the MACP Scheme, the same shall
purposes of MACPS only (and not for the regular
promotions). However, benefits under the MACPS in such cases
shall not be considered till the satisfactory ... switch-over to the MACPS. However,
these Schemes shall not run concurrently with the MACPS.
xxx xxx xxx
19. The MACPS contemplates merely placement
applicable from 01.09.2008 because many employees would
have lost out in case the MACP was made applicable from
01.01.2006 and they would have ... issue
whether the MACP is part of the pay structure or allowances
were not considered in any of these cases.
1
WP(C) No.23465
held that the financial upgradation envisaged as per the
MACP Scheme is not a case of hostile discrimination. The MACP
Scheme is not irrational, unjust ... respondent cannot seek applicability of MACPS with
effect from 1-1-2006. According to the MACPS the
financial upgradation is in the higher grade
clarified that no past cases would be re-opened. Further, while
implementing the MACP Scheme, the differences in pay scales on account of
grant ... grade pay at the time of financial upgradation under the MACPS can, in
certain cases where regular promotion is not between two successive grades
Recruitment for the
purpose of grant of financial upgradation
under MACPS. In such cases past service
rendered in a lower pay scale/Grade Pay
shall ... treated as promotion for the purpose of
benefit under the MACPS and in such
cases past regular service shall also be
counted for further benefits
pension
received based on the pension rules;
20
PART B
(xiii) The MACP regime warranted a service of 6, 16 and 24 years of
service ... years;
(xiv) For computation of OROP, the Union Government has taken MACP
as the base and has applied it across the board to all retirees
contrary to
the MACP Scheme. On considering the relevant clauses of
the MACP Scheme, it appears that the MACP Scheme
envisages placement in the immediate ... commission and its
recommendations for the MACP Scheme. As observed and
held by this Court in the case of M.V. Mohanan Nair
(supra
thereafter financial
upgradation under the MACP Scheme would be contrary to the intent and
purpose of the MACP scheme. This position is evident from what ... depend on the facts of each particular case
and decided accordingly.
35. We hold that except in cases where final orders are passed on
appeals
