MACP Scheme limits upgradation to the immediate next higher grade pay, not the promotional post grade pay.

Under the Modified Assured Career Progression Scheme, financial upgradation is linked to the immediate next higher grade pay in the revised pay hierarchy, not to the grade pay attached to the next promotional post. Clause 8.1 treats grade pay of Rs. 5400 in PB2 and PB3 as separate grade pays for upgradation purposes, and the placement must be read with the CCS (Revised Pay) Rules, 2008. On that reading, granting grade pay of Rs. 6600 by reference to the promotional post would impermissibly alter the scheme itself. The respondents were therefore entitled only to grade pay of Rs. 5400, not Rs. 6600.

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Issues: Whether, under the Modified Assured Career Progression Scheme, the respondents were entitled to grade pay of Rs. 6600 on the third financial upgradation or only to the immediate next higher grade pay of Rs. 5400 in terms of Clause 8.1 and the CCS (Revised Pay) Rules, 2008.

Analysis: The entitlement under the MACP Scheme is governed by the immediate next higher grade pay in the hierarchy of revised pay bands and grade pays, and not by the next promotional post in the service hierarchy. Clause 8.1 specifically treats grade pay of Rs. 5400 in PB2 and PB3 as separate grade pays for the purpose of upgradation, and the relevant placement has to be read with Section 1, Part A of the First Schedule of the CCS (Revised Pay) Rules, 2008. Granting grade pay of Rs. 6600 by reference to the promotional post would amount to altering the scheme, which is impermissible when the scheme itself is not under challenge.

Conclusion: The respondents were not entitled to grade pay of Rs. 6600; they were entitled only to grade pay of Rs. 5400 under the MACP Scheme.

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