Dear friends,
You are aware that several
cases have been filed in various courts on the issue of granting MACP on promotional
hierarchy so far and got positive verdict. But except in the case of the staff
of Chandigarh CAT none of these decisions have been considered by the DoPT for
implementation. In this context, we have been receiving comment/letter from
the readers regularly. The comments on the subject, received from Shri L L
Satya Narayana, New Delhi is published below:
-TKR Pillai
-TKR Pillai
Sir,
I would like to bring the following few points
for your kind notice:
This is regarding
implementation of judgment on MACP in the hierarchy of promotions.
On MACP, the Hon'ble
High Court had given stay in UOI Vs Sanjay Kumar & Ors(WP(C) No.
4662/2013).
Even though, DOP&T
is a party in many CAT Cases, the point is not bring to the notice of the
Hon'ble CAT.
So many cases are
filed or being filed on this issue in the Hon'ble CAT.
Employees of the
different departments are filing different cases. Instead it should be settled
at JCM level.
When we status through
RTI, DOP&T is giving reply that the Judgment given by the CAT, Chandigarh
is personal to the applicant.
How can DOP&T say
the judgment is personal to a particular applicant?
It shows the malicious
attitude of the DOP&T. DOP&T is expecting that every affected party go
the CAT and bring the order for implementation.
It is requested that the
Associations, Confederation and JCM may consult at DOP&T to avoid these
litigations.
Regards
L L Satyanarayana
DPA Grade_B
National Crime Records
Bureau,
East Block-7, R.K.
Puram,
New Delhi - 110 066
In Raj Pal vs GOI case DOPT's explanation is "the special leave petition (SLP) filed by Govt was dismissed on the ground of in-sufficient explanation given to condone the delay in re-filing the SLP and not on merit, this order of granting of financial up-gradation in the promotional hierarchy under MACP to Sh. Raj Pal is personal to him and will not be treated as a precedent." DOPT may do the same in all pending cases. That is, 'make unreasonable delay in filing the appeal. Then the court will dismiss the case on technical ground. Next DOPT will implement the lower court judgement to that particular person and declare the judgement is not on merit. Hence, it is not taken as precedent. By this tactics the grievances of other similarly affected employees will not be addressed and alleviated. But, as per court's pronouncement DOPT is not giving reasonable explanation for accepting the appeal and delay. This is a mollified way to cheat the entire judiciary system. This should be suitably challenged by our Associations and confederation.
ReplyDeleteIn the Month of May,2014,alone two judgements were pronounced in support of granting MACP in promotional hierarchy.
ReplyDelete(I) OA No.1798/2014 of CAT,Principal Bench, New Delhi, date of judgement 22-05-2014 and
(II) OA.No.1834/2014 of CAT, Principal Bench, New Delhi, date of judgement 23-05-2014.
Not only the CAT. PB. New Delhi but every court including the Apex court, i.e., the Hon'ble Supreme Court upheld the verdict. But the DOPT is showing indifference to accept the judgement. It is requested that the Associations, Confederation and JCM may consult at DOP&T to avoid these litigation on which a lot of Government money is being spent in respect of advocate charge, court fee etc., and the precious time of Government Official is also wasted. It is fact, that this expenditure is to receive the same verdit in all cases. To avoid such wasting of Govt. money the judgment given should be honored.