New Delhi, Aug 22 : The Supreme Court on Monday said the Modified Assured Career Progression (MACP) scheme in the military is a well-thought-out decision by the government.
A bench of Justices Sanjiv Khanna and Bela M.Trivedi stated: “The MACP Scheme is not irrational, unfair or detrimental to a particular section of employees.It is rather a well-considered decision that has taken all relevant and relevant elements into consideration.”
It was ruled that “MACP Scheme is in force with beginning on September 1st, 2008 and in accordance with the MACP Scheme, the entitlement is to financial upgrades equivalent to the next-grade pay in the structure of pay bands, as defined in Section 1 Part A of the”First Schedule to the Central Civil Services (Revised Pay) Rules, 2008”.
The court said that courts will typically not interfere with the well-considered decisions of experts in the field, unless the adoption is unsuitable because of an infringement of the law and the policy violates the constitutional principle of the right to equality and is discriminatory, blatantly insensitive or does not respect the other rights fundamental to human rights.
The executive, as per the Constitution has been given the power to decide on policies it is required to perform and is accountable and accountable for their actions.The court will examine the validity question, but it is performing its constitutional duty and exercising its authority of the judicial review process, it does not alter its opinions on the selection of policy based on merit, according to the bench.
The Supreme Court said: “In fiscal matters, including pay fixation and conditions of service, a range of aspects like the current financial situation and the capacity to carry the additional burden are important and, consequently the courts have to take care as any interference could be detrimental to the public purse and could have severe financial consequences.”
“Prescription of pay scales and incentives are an issue of decision made by the government, which is based on the advice of an authority, such as the Central Pay Commission, should have weight and courts should be hesitant to replace the policies with their own ideas on what is more fair and just.”
In the scheme, upon the completion of 10 20 and 30 years of regular service an employee is entitled to financial advancement to the next grade pay as well as grade pay, as stated in Section 1 Part A of the First Schedule of the Central Civil Services (Revised Pay) Rules, 2008.
The bench further stated: “It is to be noting that the MACP Scheme postulates grant of three financial upgrades after the period of 10 20, 20 and 30 years, while the ACP Scheme had postulated grant of only two financial upgrade after an interval of twelve and 24 years of regular service.”
The Supreme Court also overturned the rulings, which said that the MACP Scheme is applicable from January 1, 2006 and employees, as per the scheme have the right to financial advancement equal to their next promotion post.
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