In Brief
The Supreme Court held that Personnel Below Officer Rank who retired between 01.01.2006 and 31.08.2008 are entitled to Modified Assured Career Progression (MACP) benefits from 01.01.2006. The 6th Central Pay Commission's recommendations were incorporated into a Cabinet Resolution dated 30.08.2008, which mandated implementation of the revised pay structure from 01.01.2006, while allowances (except Dearness Allowance) took effect from 01.09.2008. Since MACP is part of the pay structure and affects grade pay and pension, not an allowance, it applies from 01.01.2006. The Court rejected the Government's argument that a 2011 administrative instruction restricting MACP to 01.09.2008 could override the Cabinet's 2008 Resolution. The appeals were dismissed.
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