References-Representations-Court Cases in various Ministries-Departments-Organisations for grant of MACPS benefits in the promotional hierarchy
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 23rd March, 2020.
Subject: References/ Representations/Court Cases in various Ministries/ Departments/ Organisations for grant of MACPS benefits in the promotional hierarchy – reg.
In continuation of this Department’s earlier O.M. of even number dated 20.01.2016, 01.03.2016 and 17.05.2016 on the above subject, the undersigned is directed to say that the Hon’ble Supreme Court of India vide Order dated 05.03.2020 has disposed of the SLP(C) No.21803/2014, UOI & Ors. Vs. M.V. Mohanan Nair case and other cases tagged together.
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2. The Hon’ble Apex Court, in its aforesaid judgment, has, inter alia, set aside all the impugned orders of the High Courts in these batch of appeals arising out of SI.P(C) No.21803 of 2014, SLP(C) No.22181 of 2014, SLP(C) No.23335 of 2014, SI.P(C) No.23333 of 2014, SI.P(C) No.18227 of 2015, SLP(C) No.31125 of 2016 and SI.P(C) Diary No.6042 of 2017, and the appeals preferred by the Union of India have been allowed. Further, the appeal arising out of SLP(C) No.33706 of 2016 is also disposed of. Consequently, the Apex Court has upheld the Govt, policy that benefits under MACPS arc to he granted in the standard hierarchy of Grade Pays/Pay Levels and not in the promotional hierarchy.
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3. The Hon’ble Apex Court, while setting aside the orders of the respective High Courts, has held that the ACP Scheme, which is now superseded by the MACP Scheme, is a matter of government policy. Interference with the recommendations of an expert body like the Pay Commission and its recommendations for the MACP would have a serious impact on the public exchequer. The recommendations of the Pay Commission for the MACP Scheme have been accepted by the Government and implemented, and that there is nothing to show that the Scheme is arbitrary, or unjust, warranting interference. The judgement has also stated that without considering the advantages in the MACP Scheme, the High Courts erred in interfering with the government’s policy by simply placing reliance upon the Raj Pal case, and that the impugned orders cannot be sustained and are liable to be set aside.
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4. Accordingly, in terms of the existing MACP guidelines, and in light of above mentioned order dated 05.03.2020, all Ministries/Departments are, therefore, advised to dispose of all pending grievances seeking grant of benefit in the promotional hierarchy under the MACP Scheme, and also to defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy, as upheld by the Hon’ble Apex Court in the instant case.
5. All Ministries/Departments are also requested to upload the above order dated 05.03.2020 on their websites for wider publicity.