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Supreme Court of India 2022-01-28 allowed

Director, Directorate of Enforcement & Anr vs K. Sudheesh Kumar & Ors

Bench: 2 — M.R. Shah

In Brief

The respondents, retired Assistant Enforcement Officers, claimed entitlement to grade pay of Rs.6600 under the Modified Assured Career Progression Scheme. The High Court allowed their petition on the ground that the next higher grade pay corresponded to the Deputy Director position. The Supreme Court allowed the appeal, holding that the MACP Scheme provides for placement in the immediate next higher grade pay in the pay hierarchy (Rs.5400), not the grade pay of the next promotional post. The Court restored the CAT's decision but, considering the respondents' retired status and that they had already received the higher pension, directed no recovery for the period prior to December 2021. Their pension was to be refixed based on the correct grade pay of Rs.5400 from January 2022 onwards.

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