MACP from 1st January 2006 – Mumbai High Court Order Dated 15-10-2018
The writ Petition No.1763 of 2013 in the matter of granting MACP from 1.1.2006 has been filed in the Hon’ble High Court of Bombay. The Judgement of this writ petition has been pronounced on 15th October 2018 and Hon’ble High Court has ordered that the petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits. The important part of this Judgement is given below..
“….13. The contentions raised by and on behalf Of the respondents cannot be accepted, particularly, in the light of the ruling Of the Apex Court in Balbir Singh Turn (supra). The Apex Court, in clear terms and in the precise context Of Central Government’s resolution dated 30th August, 2008 held that the benefit Of MACP is a part Of the pay structure and not merely some allowance. The Apex Court has held that the benefit of MACP affects not only the pay but also the pension Of an employee and therefore, the same, is not an allowance but part of the pay itself. In terms of Clause (i) of the Central Government’s resolution, admittedly, the pay component became payable with effect from 1st January, 2006 unlike the allowance component which became payable from 1st September,2008.
14. Besides, this is not a case where the petitioner was insisting upon preponement of the date for implementation of the recommendations Of the pay commission. The Central Government vide resolution dated 30th August, 2008 had already accepted the recommendations with regard to POBR, no doubt subject to certain modifications. The relief claimed by the petitioner was entirely consistent with Clause (i) of the resolution dated 30th August, 2008, which in fact required the Government to extend benefits Of revised pay structure Of pay bands and grade pay, as well as pension with effect from 1st January, 2006.
15. Accordingly, we dispose of this petition with the following order:-
O R D E R
(a) The impugned judgement and order dated 16th April, 2013 made by the CAT is hereby set aside.
(b) The petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits.
(c) The respondents are directed to work out the benefits of MACP with effect from 1st January, 2006 together with consequential benefits and to pay the same to the petitioner as expeditiously as possible and in any case within a period of three months from today.
(d) If, such benefits/consequential benefits are not paid to the petitioner within three months from today, then the respondents will liable to pay interest thereon @ 6% p.a. from the date such payments became due and payable, till the date of actual payment.
(e) Rule is made absolute in the aforesaid terms. There shall however be no order as to costs.
( M. S. SONAK, J. ) ( A. S. OKA, J. )
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Reference is invited, wherein the effecting date of re-fixation may be read as 01.01.2006 insted 0a.0a.2004 . The grievances is as under: I retired on 30.04.2015 with last pay drawn in pay scale Rs.15600-39100, Grade pay Rs. 5400, Pay Bnad-3 from All India Radio. The department, despite release pensionary benefits on retirement dated 30.04.2015, has refixed the pay in lower pay scale at Grade Pay Rs. 4800 , pay scale Rs. 9300-34800 with effect from 01.01.2006 on the basis,” that I got 2 promotion and one upgradation and thus MACPs not allowed” The department issued pension payment paper based on Grade pay Rs. 4800 released retirement Gratuity and commuted pension on dated 11.09.2015 ,while leave encasement and CGEIGS payment on dated 11.05.2016. All the payment released without interest for the delayed payment.pensionary.As I was granted MACPs in accordance to Para -5 of annexure-I of MACP O.M. dated 19.05.2009 and was effective from 01.09.2009 for 2nd MACP in GP. rS. 5400, pb-2, Pay Scale Rs. 9300-34800 and 3rd MACP from 1.09.2010 after 30 years in PB-3,GP Rs. 5400, Pay Scale Rs. 15600-39100.Shall I not be applicable MACPs with effect from 01.01.2006, I joined All India Radio on 11.04.1980 in Pay Scale Rs. 550-900 as Engineering Assistant.I got promoted on dated 31.10.1986 for the post of Senior Engineering Assistant( No pay fixation due to non-availablity of pay scale) & subsequent promotion on dated 31.08.1989 for the post of Assistant Engineer, pay fixed in Pay Scale Of Rs. 2000-3500 w.e.f. 31.08.1989. Later on ,before granting the MACP, the pay scale of feeder post and promotional post as mentioned above, have been merged in one pay scale and placed in one Pay scale and MACP was granted.I would be kind enough, if kindly let me know the clarification. Thanking You.
I retired on 30.04.2015 with last pay drawn in pay scale Rs.15600-39100, Grade pay Rs. 5400, Pay Bnad-3 from All India Radio. The department, despite release pensionary benefits on retirement dated 30.04.2015, has refixed the pay in lower pay scale at Grade Pay Rs. 4800 , pay scale Rs. 9300-34800 with effect from 01.01.2004 on the basis,” that I got 2 promotion and one upgradation and thus MACPs not allowed” The department issued pension payment paper based on Grade pay Rs. 4800 released retirement Gratuity and commuted pension on dated 11.09.2015 ,while leave encasement and CGEIGS payment on dated 11.05.2016. All the payment released without interest for the delayed payment.pensionary.As I was granted MACPs in accordance to Para -5 of annexure-I of MACP O.M. dated 19.05.2009 and was effective from 01.09.2009 for 2nd MACP in GP. rS. 5400, pb-2, Pay Scale Rs. 9300-34800 and 3rd MACP from 1.09.2010 after 30 years in PB-3,GP Rs. 5400, Pay Scale Rs. 15600-39100.Shall I not be applicable MACPs with effect from 01.01.2006, I joined All India Radio on 11.04.1980 in Pay Scale Rs. 550-900 as Engineering Assistant.I got promoted on dated 31.10.1986 for the post of Senior Engineering Assistant( No pay fixation due to non-availablity of pay scale) & subsequent promotion on dated 31.08.1989 for the post of Assistant Engineer, pay fixed in Pay Scale Of Rs. 2000-3500 w.e.f. 31.08.1989. Later on ,before granting the MACP, the pay scale of feeder post and promotional post as mentioned above, have been merged in one pay scale and placed in one Pay scale and MACP was granted.I would be kind enough, if kindly let me know the clarification. Thanking You.
DOP&T is requested to issue necessary orders granting/making MACPS effective from 01/01/2006, as the judgement given by the Supreme Court of India. Ministry of Defence has already issued such orders.
My Macp was due on 09 Aug 2007. However I have get MACP we 01 Sep 2008. Will I get MACP wef due date as per Mumbai hc decision.