We have to understand the meaning of "second MACP shall lie to the next higher pay scale of PB-3 + GP Rs.5400" in the verdict given in OA No. 2806/2016.
In case of good number of officers, time scale of Rs. 5400 in PB2 has been peponed to a date prior to 01.09.08 as per Subramaniam verdict. So, minimum benefit of 2806/2016 case should be GP of Rs. 6600 after 30 years to good number of officers. However, fight for GP of Rs. 7600 for all will continue.
Thus, upgradations as per the CAT verdicts will be as follows in case of direct recruit Inspectors who joined before September, 1992-
a) NFU 5400 PB2.
b) II MACP 5400 PB3 after NFU.
c) III MACP 6600.
For promotee Inspectors who joined the job before September, 1992 on a post feeder to post of Inspector-
a) NFU 5400 PB2.
b) III MACP 5400 PB3.
Means 5400 PB3 (III MACP) will be preponed to II MACP & 6600 will be III MACP in case direct recruit Inspectors. In case of promotee Inspectors who joined job on a post feeder to post of Inspector, III MACP will be 5400 PB2. It is the minimum benefit which we are going to get by CAT order. CBIC has also to issue amended circular based on it. It means that this order would be equally applicable to all of above mentioned officers.
And arrears will also be paid.
All officers who got time scale of 4 years before 01.09.08 will be benefitted by this order as Subramaniam verdict will help to get time scale before functional promotion.
As far as the verdict given by the Hon'ble Supreme Court is concerned, it relates to the MACP upgradation in promotional hierarchy which is not related to us. Our issues relating to MACPS are (i) Bifurcation of 5400 in PB2 & PB3 without a difference of even single paisa (ii) Offsetting of time scale with MACP upgradation. None of these issues has been taken in Supreme Court case. Supreme Court itself said that MACPS has not been challenged to show any arbitrariness. What is beneficial between ACPS & MACPS has again been left to govt. by the Supreme Court. Only promotional hierarchy & stepping up discussed. Promotional hierarchy doesn't affect us. Time scale & MACP upgradation are altogather different as alredy established in the Hariram, Subramaniam and also in Balakrishnan cases. The Balakrishanan case has also established that 5400 in PB2 & PB3 are one & same grade pay. Stepping up issue has also alredy been decided & implemented in the Ashok Kumar case.
MACPS is alredy discriminatory to us as we are getting in 30 years in it which were getting in 24 years under ACPS.
Thus, none of our issues has been clarified in the Supreme Court verdict. Main issue taken up in this case is validity of MACP upgradation in promotional hierarchy.
As far as stepping up is concerned, it has also been taken up in MACP instructions in limited way for difference after 01.01.16 under para 20.
So, Supreme Court verdict is not going to affect our CAT verdict.
In case of good number of officers, time scale of Rs. 5400 in PB2 has been peponed to a date prior to 01.09.08 as per Subramaniam verdict. So, minimum benefit of 2806/2016 case should be GP of Rs. 6600 after 30 years to good number of officers. However, fight for GP of Rs. 7600 for all will continue.
Thus, upgradations as per the CAT verdicts will be as follows in case of direct recruit Inspectors who joined before September, 1992-
a) NFU 5400 PB2.
b) II MACP 5400 PB3 after NFU.
c) III MACP 6600.
For promotee Inspectors who joined the job before September, 1992 on a post feeder to post of Inspector-
a) NFU 5400 PB2.
b) III MACP 5400 PB3.
Means 5400 PB3 (III MACP) will be preponed to II MACP & 6600 will be III MACP in case direct recruit Inspectors. In case of promotee Inspectors who joined job on a post feeder to post of Inspector, III MACP will be 5400 PB2. It is the minimum benefit which we are going to get by CAT order. CBIC has also to issue amended circular based on it. It means that this order would be equally applicable to all of above mentioned officers.
And arrears will also be paid.
All officers who got time scale of 4 years before 01.09.08 will be benefitted by this order as Subramaniam verdict will help to get time scale before functional promotion.
As far as the verdict given by the Hon'ble Supreme Court is concerned, it relates to the MACP upgradation in promotional hierarchy which is not related to us. Our issues relating to MACPS are (i) Bifurcation of 5400 in PB2 & PB3 without a difference of even single paisa (ii) Offsetting of time scale with MACP upgradation. None of these issues has been taken in Supreme Court case. Supreme Court itself said that MACPS has not been challenged to show any arbitrariness. What is beneficial between ACPS & MACPS has again been left to govt. by the Supreme Court. Only promotional hierarchy & stepping up discussed. Promotional hierarchy doesn't affect us. Time scale & MACP upgradation are altogather different as alredy established in the Hariram, Subramaniam and also in Balakrishnan cases. The Balakrishanan case has also established that 5400 in PB2 & PB3 are one & same grade pay. Stepping up issue has also alredy been decided & implemented in the Ashok Kumar case.
MACPS is alredy discriminatory to us as we are getting in 30 years in it which were getting in 24 years under ACPS.
Thus, none of our issues has been clarified in the Supreme Court verdict. Main issue taken up in this case is validity of MACP upgradation in promotional hierarchy.
As far as stepping up is concerned, it has also been taken up in MACP instructions in limited way for difference after 01.01.16 under para 20.
So, Supreme Court verdict is not going to affect our CAT verdict.
