New Delhi, Aug 22 (PTI)Modified Assured Career Progression (MACP) scheme in the armed forces is a well-considered decision taken by the government based on the recommendation of an expert body and the courts should be reluctant to substitute the policy with their views, the Supreme Court Monday said.
A bench of Justices Sanjiv Khanna and Bela M Trivedi said the courts would not normally interfere with well-deliberated decisions by experts in the field unless adoption is bad on account of a statutory violation, the policy contravenes the overriding constitutional mandate of right to equality, is discriminatory, manifestly arbitrary or negates other fundamental rights.
“The MACP Scheme is not irrational, unjust, and prejudicial to a section of the employees, but a well-considered decision which has considered all material and relevant factors.
“Prescription of pay scales and incentives are a matter of decision taken by the government which, when based upon the recommendation of an expert body like the Central Pay Commission, should carry weight and the courts should be reluctant to substitute the policy with their views on what would be more equitable and just,” the bench said.
The top court’s observation came while hearing a batch of appeals relating to the Modified Assured Career Progression Scheme.
Under the MACP Scheme, an employee is entitled to three financial upgradations on completion of 10, 20, and 30 years of regular service to the next higher grade pay in the hierarchy of the pay bands and grade pay as given in Section 1, Part A of the First Schedule of the Central Civil Services (Revised Pay) Rules, 2008.
The top court set aside the judgements which held that the MACP Scheme applies with effect from January 1, 2006, and that under the MACP Scheme the employees are entitled to financial upgradation equivalent to the next promotional post.
“MACP Scheme is applicable with effect from September 1, 2008, and as per the MACP Scheme, the entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008,” the bench said. PTI PKS RKS RKS
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