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2022 (2) TMI 55 - SC - Indian LawsEntitlement of Assistant Enforcement Officer (AEO) to grade pay on third financial upgradation as per the Modified Assured Career Progression (MACP) Scheme - payment of pension with effect from April, 2015 - Scope of grade pay and promotional post - HELD THAT:- The issue involved in the present appeal is as such squarely covered by the decision of this Court in the case of UNION OF INDIA (UOI) AND ORS. VERSUS M.V. MOHANAN NAIR [2020 (3) TMI 1393 - SUPREME COURT]. By detailed judgment and order this Court has interpreted the very MACP Scheme and it is observed and held that under the MACP Scheme employees are entitled to the immediate next higher grade pay as given in Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008. It is specifically observed and held by this Court in the aforesaid decision that MACP has nothing to do with the next promotional post and what the employee would be entitled would be the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in the CCS (Revised Pay) Rules, 2008. On considering the relevant clauses of the MACP Scheme, it appears that the MACP Scheme envisages 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 High Court has committed a grave error in allowing the grade pay of ₹ 6600 the grade pay which was available to the next promotional post as Deputy Director. Respondent Nos.1 & 2 as per PB2 were entitled to the grade pay of ₹ 5400 as PB3 as per clause 8.1. By the impugned judgment and order and while granting grade pay of ₹ 6600 to respondent Nos.1 & 2 virtually, the High Court has modified the MACP Scheme which has been framed by the Government on the recommendations of the expert body like the pay commission and its recommendations for the MACP Scheme. As observed and held by this Court in the case of M.V. Mohanan Nair the ACP which is now superseded by MACP Scheme is a matter of Government policy and interfering with the recommendations of the expert body like the pay commission and its recommendations for the MACP Scheme would have serious impact on the public exchequer - thus the impugned judgment and order passed by the High Court granting grade pay of ₹ 6600 to respondent Nos.1& 2 is unsustainable and deserves to be quashed and set aside. The impugned judgment and order passed by the High Court is hereby quashed and set aside and the judgment and order that of the Central Administrative Tribunal is hereby restored. It is observed and held that on implementation of MACP Scheme respondent No.1 and 2 herein shall be entitled to the grade pay of ₹ 5400 and not of ₹ 6600 as claimed by them. Their pensions be refixed accordingly - Appeal allowed.
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