9911796707
TMI Blog2022 (2) TMI 55X X X X Extracts X X X X X X X X Extracts X X X X ..... n in the CCS (Revised Pay) Rules, 2008. On considering the relevant clauses of the MACP Scheme, it appears that the MACP Scheme envisages placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008. Thus, the High Court has committed a grave error in allowing the grade pay of ₹ 6600 the grade pay which was available to the next promotional post as Deputy Director. Respondent Nos.1 2 as per PB2 were entitled to the grade pay of ₹ 5400 as PB3 as per clause 8.1. By the impugned judgment and order and while granting grade pay of ₹ 6600 to respondent Nos.1 2 virtually, the High Court has modified the MACP Scheme which has been framed by the Government on the recommendations of the expert body like the pay commission and its recommendations for the MACP Scheme. As observed and held by this Court in the case of M.V. Mohanan Nair the ACP which is now superseded by MACP Scheme is a matter of Government policy and interfering with the recommendations of the expert body like the pay commission and its recommendations for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing third financial upgradation vide order dated 17.11.2009, the private respondents herein and others were granted the grade pay of ₹ 6600 for PB3 under MACP Scheme, though as per clause 8.1 PB3 carried the grade pay of ₹ 5400. However, on the objection being raised by the Audit Department their grade pays (GP) of ₹ 6600 in PB3 was modified/corrected as GP of ₹ 5400 as per clause 8.1. Therefore, respondent Nos.1 and 2 herein approached the Central Administrative Tribunal, Ernakulam Bench and prayed to continue the GP of ₹ 6600 as per the earlier order dated 17.11.2009 and not to make any recovery. A decision of the Madras High Court was pressed into service by which a similar order of withdrawing the GP of ₹ 6600 and to grant GP Of ₹ 5400 for PB3 was set aside. On relying upon the clause 8.1 of the MACP Scheme by which the implementation of Sixth CPC s recommendations, grade pay of ₹ 5400 was in two pay bands i.e., PB2 and PB3 and for grant of upgradation under MACP Scheme they shall be treated as separate grade pays, the learned Tribunal dismissed the original application (OA). 3. Feeling aggrieved and dissatisfied with the judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , next grade pay for PB3. It is submitted that as such by the impugned judgment and order and directing to grant grade pay of ₹ 6600 the High Court has modified the MACP Scheme and has granted the benefit of three steps upward. 4.3 Making the above submissions and relying upon the aforesaid decisions, it is prayed to allow the present appeal. 5. The present appeal is vehemently opposed by Shri Mathai Paikaday, learned Senior Advocate appearing on behalf of the private respondent Nos.1 2 herein. 5.1 It is vehemently submitted by learned Senior Advocate appearing on behalf of the private respondent Nos.1 2 that the employee shall be entitled to the next higher pay and the submissions made on behalf of the appellants that both PB2 and PB3 shall carry grade pay of ₹ 5400 is accepted in that case the purpose of highergrade pay shall be frustrated. It is submitted that when the next highergrade pay would be ₹ 6600, the High Court has rightly directed to grant grade pay of ₹ 6600. 5.2 It is submitted that it is true that the High Court has wrongly used the word next promotion post. It is submitted that the question is not of next promotional post ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cheme. On considering the relevant clauses of the MACP Scheme, it appears that the MACP Scheme envisages placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008. Thus, the High Court has committed a grave error in allowing the grade pay of ₹ 6600 the grade pay which was available to the next promotional post as Deputy Director. Respondent Nos.1 2 as per PB2 were entitled to the grade pay of ₹ 5400 as PB3 as per clause 8.1. 8. By the impugned judgment and order and while granting grade pay of ₹ 6600 to respondent Nos.1 2 virtually, the High Court has modified the MACP Scheme which has been framed by the Government on the recommendations of the expert body like the pay commission and its recommendations for the MACP Scheme. As observed and held by this Court in the case of M.V. Mohanan Nair (supra) the ACP which is now superseded by MACP Scheme is a matter of Government policy and interfering with the recommendations of the expert body like the pay commission and its recommendations for the MACP Scheme would hav ..... X X X X Extracts X X X X X X X X Extracts X X X X
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