The Supreme Court issued a significant decision affecting the pay of paramilitary forces that entered service prior to September 2008. The Supreme Court granted the Central Government’s appeals in part on Monday, overturning a portion of the Delhi High Court’s decision that granted financial benefits to employees under the Modified Assured Career Progression (MACP) scheme beginning January 1, 2006. and to provide employees with financial benefits equal to the next promoted post.
Employees before September 2008 will be affected
In its decision, the Supreme Court overturned the High Court’s order and stated that the MACP scheme will be considered effective on September 1, 2008. It has also been stated that employees will be eligible for economic upgradation to the next pay grade under the MACP scheme. That is, according to the Supreme Court’s decision, employees will not receive economic upgradation equal to the next promoted post, but they will receive economic upgradation equal to the next grade pay under the Central Civil Service Revised Pay Rule 2008. This decision of the Supreme Court will have an effect on the employees of the paramilitary force who came into service before September 2008. There will be an impact on the pension of the employees who have retired.
High Court gave this order
According to the High Court decision, benefits would have been available beginning in January 2006, but will now begin in 2008. This significant decision was made by a bench of Justices Sanjiv Khanna and Bela M Trivedi while hearing about 150 appeals filed by the Central Government against decisions of the Delhi High Court and other High Courts across the country. In this case, Additional Solicitor General Madhavi Divan argued in the Supreme Court on behalf of the Central Government.
It was a matter of contention
The point of contention in the case was the date of implementation of the MACP scheme. Aside from that, there was disagreement over whether employees would receive the pay scale of the next promotional post or an economic upgradation equal to the next grade pay. In its decision, the Supreme Court clarified the position. Employees frequently miss out on promotions due to non-vacation of positions; to provide financial incentives to such employees, the ACP (Assured Career Progression) scheme was previously in place, which was changed to MACP after the Sixth Pay Commission.
