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TMI Blog2022 (2) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... ird financial upgradation as per the Modified Assured Career Progression (MACP) Scheme and they be paid the pension accordingly with effect from April, 2015, the Director, Directorate of Enforcement, New Delhi and another - original respondents before the High Court, have preferred the present appeal. 2. That the private respondent Nos.1 & 2 herein were appointed as Assistant Enforcement Officer (AEO) in the year 1976 and 1977, respectively. That in the year 2009, the Government of India - Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training) notified the MACP Scheme for the Central Government Civilian Employees. The Scheme further provided as per clause 8.1 (which is relevant so far as the present mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... grieved and dissatisfied with the judgment and order passed by the Central Administrative Tribunal dismissing the said OA, respondent Nos.1 & 2 herein preferred the original petition before the High Court. By the impugned judgment and order and ignoring clause 8.1 of the MACP Scheme the High Court has allowed the said petition by observing that the next promotion post of Assistant Director which is in the PB3 would be that of Deputy Director which carries a grade pay of Rs. 6600, when the third financial upgradation is due to an employee, it has to be of the next promotional post in the hierarchy as per the Recruitment Rules. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court, the department has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... P Scheme. It is submitted that therefore respondent Nos.1 & 2 - original petitioners as per the MACP Scheme shall be entitled to the grade pay of Rs. 5400 i.e., next grade pay for PB3. It is submitted that as such by the impugned judgment and order and directing to grant grade pay of Rs. 6600 the High Court has modified the MACP Scheme and has granted the benefit of three steps upward. 4.3 Making the above submissions and relying upon the aforesaid decisions, it is prayed to allow the present appeal. 5. The present appeal is vehemently opposed by Shri Mathai Paikaday, learned Senior Advocate appearing on behalf of the private respondent Nos.1 & 2 herein. 5.1 It is vehemently submitted by learned Senior Advocate appearing on behalf of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the case of M.V. Mohanan Nair (supra). 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. As per clause 8.1 of the MACP Scheme 'consequently upon the implementation of Sixth C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (supra) 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. It is further observed that the recommendations of the pay commission for the MACP Scheme have been accepted by the Government and implemented. It is further observed that therefore the High Court has no jurisdiction to interfere with the Government policies in the form of MACP Scheme which was after accepting the Sixth Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by 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 Rs. 5400 and not of Rs. 6600 as claimed by them. Their pensions be refixed accordingly. However, it is observed that as respondent Nos.1 & 2 are the retired employees and till date they have received the pension considering the grade pay of Rs. 6600 and being retired persons it will be very difficult for them to refund the difference in the pay pension, in the peculiar facts and circumstances of the case we direct that there shall be no recovery of the difference in the pension between the grade pay of Rs. 5400 and grade pay of Rs. 6600 for the period prior to December, 2021. However, on refixation of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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