UNION OF INDIA Vs. R.K. SHARMA

JUDGEMENT

(1.) The short question that falls for consideration of this Court in these Appeals is whether the Government of India is justified in implementing the Modified Assured Career Progression Scheme (for short, 'MACPS') for civilian employees of the Central Government in Groups 'A', 'B', 'C', 'D' and officers in the All India Services, Chairpersons, Members of the Regulatory Bodies (except the Reserve Bank of India) with effect from 01.09.2008 and not from 01.01.2006. For the sake of convenience, we are referring to the facts of Civil Appeal arising out of SLP (C) No.15572 of 2019.

(2.) The Respondent was appointed as Deputy Director in the Bureau of Industrial Costs and Prices in Ministry of Industry, Department of Industrial Policy and Promotion which was subsequently merged with Tariff Commission. He was promoted as Director in grade pay of Rs.3700-125-4700-50-5000 by an order dated 09.02.1994. Certain recommendations were made by the 5th Central Pay Commission relating to the Assured Career Progression Scheme (for short, 'ACPS') for Central Government civilian employees in all the Ministries/Departments which came into force w.e.f. 01.01.1996. Department of Personnel and Training by a memorandum dated 09.08.1999 directed implementation of the recommendations of the 5th Pay Commission regarding ACPS in respect of Group 'D', 'C' and 'B' officers and those holding isolated posts in Group 'A'. The relevant conditions that were laid down for grant of benefits under the ACPS are as under: -

(3.) The 6th Central Pay Commission submitted its report on 24th March, 2008 relating to the structure of emoluments, allowances, conditions of services and retirement benefits of the Central Government employees including those belonging to the Union Territories, Members of All India Services, personnel belonging to the Defence Forces, Officers and employees of the Audit and Accounts Departments and Chairpersons and Members of Regulatory Bodies, except the Reserve Bank of India. By a resolution dated 29th August, 2008, recommendations of the Central Pay Commission concerning civilian employees referred to above were accepted by the Central Government with respect to revised scales of pay and dearness allowances w.e.f. 01.01.2006. In so far as the revised allowances, other than the dearness allowance, the effective date according to the memorandum is 1st September, 2008.