MACP Scheme w.e.f 01.01.2006 – Sharing of information regarding favourable judgment

MACP Scheme w.e.f 01.01.2006 instead of 01.09.2008 – Sharing of information regarding favourable judgment: Railway Board Order 

File No.PC-V/2021/CC/Judgements –
GOVERNMENT OF INDIA/भारत सरकार
MINISTRY OF RAILWAY/रेल मंत्रालय
(RAILWAY BOARD) रेलवे बोर्ड

No. PC-V/202 1/CC/Judgements

New Delhi, dt.27.07.2021

The General Manager (P)
All Indian Railways / PUs

Sub: Sharing of information regarding favourable judgment.

Please refer to Board’s letter No. PC-V/2009/ACP/2 dt. 10-06-2009 (RBE No. 101/2009) regarding grant of financial upgradation under MACP Scheme w.e.f. 01-9-2008. However, several Court Cases were filed seeking MACP benefit w.e.f. 01-01-2006. This issue finally stands adjudicated by Hon’ble Supreme Court of India vide their judgement in CA No. 1579 of 2021 (arising out of SLP(C) no. 15572 of 2019) filed by Shri R. K. Sharma & Ors. Vs UOI dt. 28-04-2021 (Copy enclosed) disposing a bunch of SLP(C)’s involving this issue. Hon’ble Court rejected the claim that MACPS should be applicable from 01-01-2006 observing that the benefits flowing from ACP & MACP Scheme are incentives and are not part of pay. DoP&T’s O.M. No.35034/3/2015-Estt.(D), dated 13-07-2021 on the same issue is also enclosed.

2. It is advised that the aforementioned order of the Hon’ble Supreme Court may please be brought to the notice of all the concerned including the officials of the Divisions with instructions to ensure its effective utilisation while contesting the cases involving identical issue.

3. Please acknowledge the receipt of this letter.

DA: As above.

(Sudha A Kujur)
Dy. Director, Pay Commission
Railway Board

Directorate General, ITBP
MHA(Govt of India)
Block-2, CGO Complex
Lodhi Road, New Delhi-110003

Date: 10/05/2021

Office Memorandum

Sub: References/Representation/Court Cases for grant of financial benefits under MACP Scheme w.e.f 01.01.2006 instead of 01.09.2008-reg.

Please find enclosed herewith a copy of Judgment dated 28.04.2021 of the Hon’ble Supreme Court of India, on the subject cited above.

2. The Hon’ble Supreme Court of India vide Judgment dated 28.04.2021 has disposed of following SLPs(C), wherein the Apex Court has refused to accept submission of the employee that MACPS should be made applicable w.ef 01.01.2006 and set aside the judgment of the High Court. Also stated that benefits flowing from ACP & MACP Scheme are incentives and are not part of pay.

(i) SLP(C) No. 1807 of 2021 titled UO] & Ors Vs Ranjeet Singh & Ors filed before the Hon’ble Supreme Court of India arising out of impugned final Judgment/Order dated 24.09.2019 passed. by the Hon’ble Delhi High Court in WP(C) No. 13312 of 2018.

(ii) SLP(C) No, 11599 of 2020 titled UOI & Ors Vs Karamvir & Ors filed before the Hon’ble Supreme Court of India arising out of impugned final Judgment/Order dated 20.01 2020 passed by the Hon’ble Delhi High Court in WP(C) No. 868 of 2020.

(iii) SLP(C) No. 28112 of 2019 titled UOI & Ors Vs Chand Ram filed before the Hon’ble Supreme Court of India arising out of impugned final Judgment/Order dated 09.04.2019 passed by the Hon’ble Delhi High Court in WP(C) No. 7620 of 2018.

(iv) SLP(C) No. 15773 of 2020 titled UO! & Ors Vs Prakash Kumar & Ors filed before the Hon’ble Supreme Court of India arising out of impugned final Judgment/Order dated 11.12.2019 passed by the Hon’ble Delhi High Court in WP(C) No. 13051 of 2019.

(v) SLP(C) No. 11749 of 420 titled UO] & Ors Vs Phool Kanwar & Ors filed before the Hon’ble Supreme Court of India arising out of impugned final Judgment/Order dated 11.02.2020 passed by the Hon’ble Delhi High Court in WP(C) No. 1527 of 2020.

3. Accordingly, all formations are requested to dispose of all pending grievances seeking MACP benefits w.e.f 01.01.2006 instead of 01 09.2008, and also to defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy.

4. For information and necessary action.

Encl: As above.

Asstt. Comdt(Office)
For Senior Administrative Officer(Estt)

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Also check the following links related to this topic:

Counting of service rendered by Inspectors on notional basis for the purpose of MACP Scheme

Preponement of effective date of MACPS w.e.f. 01.01.2006 as per Supreme Court Order dated 28.04.2021

Benefits in promotional hierarchy under MACP Scheme – DOPT Order dated 05.04.2021