Summary
In a large batch of appeals by the Union concerning Central Armed Police Forces personnel, the Court settled three questions on the Modified Assured Career Progression Scheme. Following M.V. Mohanan Nair and R.K. Sharma, the scheme applies from 1 September 2008 under the Office Memorandum of 19 May 2009, not from 1 January 2006. Its financial upgradation is to the immediate next grade pay in the pay band hierarchy, not the pay of the next promotional post. The Court declined to refer R.K. Sharma to a larger Bench, holding Balbir Singh Turn irreconcilable with Mohanan Nair. On the Union's concession, armed forces personnel who could not take pre-promotional courses for administrative reasons are not to be denied upgradation. The appeals were partly allowed.
Issues
- Whether the MACP Scheme applies from 1 January 2006, when the revised pay rules took effect, or from 1 September 2008 under the Office Memorandum of 19 May 2009.
- Whether upgradation under the MACP Scheme is to the pay of the next promotional post or to the immediate next grade pay in the pay band hierarchy.
- Whether Central Armed Police Forces personnel who could not meet pre-promotional norms for administrative reasons are entitled to upgradation.
Provisions considered
- Rule 1(2); Section 1, Part A of the First Schedule, Central Civil Services (Revised Pay) Rules, 2008The Rules took effect from 1 January 2006 but contain no provision for MACP upgradation. The First Schedule's hierarchy of grade pay fixes the measure of upgradation as the immediate next grade pay. (¶¶ 9, 12)
- Proviso to Article 309 and Article 148(5), Constitution of IndiaPay scales are fixed by rules made under these powers. An unnotified Government resolution of 30 August 2008 conferred no enforceable right to the scheme from an earlier date. (¶ 9)
Held
- The MACP Scheme, like the ACP Scheme, is an incentive scheme to relieve stagnation and not part of the pay structure. Under it, upgradation is to the immediate next grade pay in the pay band hierarchy, not to the grade pay of the next promotional post. This follows M.V. Mohanan Nair, which deferred to the Sixth Central Pay Commission's expert recommendation in a fiscal matter. (¶¶ 3, 4, 5, 6, 12)
- The scheme applies from 1 September 2008, as operationalised by the Office Memorandum of 19 May 2009, and not from 1 January 2006. The revised pay rules make no provision for it, and the unnotified Government resolution conferred no legal right. The reasoning of Balbir Singh Turn cannot be reconciled with Mohanan Nair, so no reference of R.K. Sharma to a larger Bench was warranted. (¶¶ 7, 8, 9, 10, 12)
- On the Union's concession, Central Armed Police Forces personnel who could not be sent for, or undergo, pre-promotional courses for administrative or other reasons are to be granted MACP upgradation on completing the prescribed regular service. The Union agreed to follow the Delhi High Court's directions in Ram Avtar Sharma, and this question was decided against the Union. (¶¶ 11, 12)
Result
Appeals partly allowed. The judgments below are set aside to the extent they applied the MACP Scheme from 1.1.2006 or granted the next promotional post's pay. Pre-promotional course norms will not be insisted on where personnel could not attend for administrative reasons.