Bombay High Court Judgement On MACP
Bombay High Court Judgement dated 15-10-2018 on MACPs ORDER
(a) The impugned judgement and order dated 16th April, 2013 made by the CAT is hereby set aside.
(b) The petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits.
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(c) The respondents are directed to work out the benefits of MACP with effect from 1st January, 2006 together with consequential benefits and to pay the same to the petitioner as expeditiously as possible and in any case within a period of three months from today.
(d) If, such benefits/consequential benefits are not paid to the petitioner within three months from today, then the respondents will liable to pay interest thereon @ 6% p.a. from the date such payments became due and payable, till the date of actual payment.
(e) Rule is made absolute in the aforesaid terms. There shall however be no order as to costs.
( M. S. SONAK, J. ) ( A. S. OKA, J. )
Source: AIRF
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Foolish comment by some one who said that Dopt . was not the party in Supreme Court in the matter of MACP while defence employees took the matter in the Supreme Court . The moot point is that the Dopt orders giving effect to MACP from 1.9.2008 were in contravention of the recommendations of the 6 th CPC , resolution passed by the Ministry of Finance & the fact that the MACP is not the part of allowance rather pay structure ,hence should be implemented from 1.1.2006. Now the Supreme Court has cleared the issue vide its judgement of Dec. 2017 hence no further scope is left for the Dopt but to issue revised orders at an earliest. Nevertheless the Finance Ministry have also cleared the point in their note sheet recently sent to Dopt that likewise order may be issued as done by the Ministry of Defence in the matter for civilian employees.