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Supreme Court of India 2020-03-05 allowed

UNION OF INDIA AND OTHERS vs M.V. MOHANAN NAIR

Bench: 3 — R. Banumathi, A.S. Bopanna, Hrishikesh Roy

In Brief

The Supreme Court clarified that the Modified Assured Career Progression (MACP) Scheme, which replaced the older Assured Career Progression (ACP) Scheme in 2008, provides financial upgradation in the immediate next higher grade pay, not the grade pay of promotional posts. The Court rejected respondents' claims for upgradation at promotional hierarchy levels, holding that the Sixth Central Pay Commission's recommendations—which introduced MACP to address inter-departmental disparities—merit deference. The judgment also clarified that the Raj Pal precedent, dismissed on procedural grounds rather than merits, is not binding under Article 141, and overturned High Court orders that had relied on it.

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Civil Service Law Pay Fixation Administrative Law Career Progression Schemes Government Employee Benefits Judicial Review

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