Cases pending regarding preponement of effective date of MACP Scheme – OM dated 30th Sep 2020
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated 30th September, 2020
OFFICE MEMORANDUM
Sub:- Cases pending or decided by Hon’ble High Courts/Tribunals regarding preponement of effective date of Modified Assured Career Progression (MACP) Scheme – reg
The undersigned is directed to say that the matter relating to grant of benefits w.e.f. 01.01.2006 instead of w.e.f. 01.09.2008 under the MACP Scheme to civilian Central Government employees is presently sub-judice before the Hon’ble Supreme Court of India in a number of cases tagged with SLP Nos. 10811-10813/2018 in the matter of Union of India Vs. Shri Ranjit Samuel, and that all similar matters are being heard together by the Hon’ble Apex Court.
2. A large number of references are being received in this Department based on orders of the Hon’ble Tribunals (CAT Benches) and Hon’ble High Courts seeking advice on implementation of such orders allowing grant of benefits under the MACP Scheme from 1.1.2006, as against 1.9.2008, the date provided in the MACP Scheme.
3, Since such orders of Hon’ble Tribunals/High Courts are at variance with the extant MACPS guidelines and for the fact that the primary issue of date of effect of MACPS is sub judice before the Hon’ble Supreme Court of India, this Department is constrained to advise various Ministries/ Departments to either seek review or agitate the matter in higher courts, by challenging such orders.
4, Accordingly, Ministries/Departments are, therefore, advised to defend such cases or challenge the orders (where decision has been taken by the Hon’ble Tribunal/High Court) contrary to MACPS guidelines, by bringing the fact that the issue is pending before the Hon’ble Supreme Court of India, to the notice of Hon’ble Tribunals/High Courts.
(Rajesh Sharma)
Under Secretary to the Government of India
R.S.Rathore says
The attitude of the Dopt pension & pensioners welfare on two subjects viz notional increment on retirement for pensionary benefits & date of implementation of MACP from 1.1.2006 instead of 1.9.2008 is on the footings of the behaviour of the Maharashtra govt. in various matters which were in contradiction of our constitutional rights and in violation of directives of our hon,ble Supreme Court. The misuse of powers to harass a pensioner or group of pensioners despite of Supreme Court verdicts on the aforesaid subjects constitutes contempt of court which is bad in law. Such behaviour of the central govt. departments not only spoiling the image of our beloved P.M. Modiji but also causing frustration in our civic society. Therefore, my humble request is to observe fine & noble principles for imparting justice so that a good governance may be said to exist.