Summary
Personnel below officer rank who retired between January2006 and August2008 claimed modified assured career progression benefits from the earlier date. Construing the Cabinet resolution accepting the Sixth Pay Commission recommendations, the Court held MACP part of pay rather than allowances and rejected a later executive instruction postponing its operation.
Issues
- Whether MACP for the concerned armed-forces personnel took effect from1January2006 or1September2008.
- Whether the later Ministry instruction could alter the Cabinet resolution’s pay-structure commencement date.
Held
- MACP affects grade pay and pension and belongs to the pay structure, as confirmed by its placement in PartA of the resolution’s annexure. The resolution made that structure effective from1January2006, while the later date concerned allowances. (¶¶ 3–8, 10–11)
- The possibility that some employees gained and others lost under revised progression did not change the resolution’s meaning. The30May2011 administrative instruction could not modify the Cabinet decision and was ultra vires that resolution. (¶ 9–11)
- The relied-on decisions did not determine whether MACP formed part of pay or allowances and therefore did not resolve this dispute. (¶ 12)
Result
Delay in filing and refiling condoned. Union’s appeals found without merit and disposed of, preserving the Tribunal’s MACP entitlement from1January2006 for the concerned personnel; pending applications disposed of.