WHETHER MACP IS APPLICABLE FROM 01.09.2008 OR 01.01.2006???????

Modified Career Progression Scheme was recommended by the 6th Pay Commission IN PARA 6.1.15 of its report. As per the recommendations, financial upgradation will be available in the next higher pay grade whenever an employee has completed 12 years continuous service in the same grade.

The Government of India considered the recommendations of the 6th Central Pay Commission for the introduction of the MACPS and accepted the samw with further modification to grant three upgradations under the MACPS at the intervals of 10, 20 and 30 years of continuous regular service.

Refer:- OM No. 35034/3/2008-Estt.(D) dated 19.05.2009

Although, as per the recommendation of the 6th Pay Commission, the benefits of the scheme for the MACP were to accrue from 01.01.2006, the scheme was made applicable wef 01.09.2008 by the Government of India.

The issue came before the Hon'ble Supreme Court in Union of India vs Balbir Singh Civil Diary no. 3744 of 2016.

It was held as below:-

"11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet. This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government."