MACP ON PROMOTIONAL HIERARCHY-THE GROUNDS GIVEN BY THE GOVERNMENT FOR NOT GRANTING MACP
ON PROMOTIONAL HIERARCHY ( AS GRANTED TO SH. RAJ PAL) TO OTHER CENTRAL GOVERNMENT
EMPLOYEES IS NOT CONVINCING. THUS THE HON'BLE CAT, PRINCIPLE BENCH ORDER DATED
12/03/2014 FOR GRANTING MACP ON PROMOTIONAL HIERARCHY IS A REJECTION OF THE GOVERNMENT’S
VERSION ON THE SUBJECT.
(Copy of the information obtained by Sh. Vithba Gopala Dahekar, Nagpur on this subject is placed below)
-TKR PILLAI
-TKR PILLAI
Regd. Post
RTI
Matter/Most Immediate
No. P-13025/11/2014-AT
Government of India
Ministry of Personal, Public Grievances &
Pensions
Department of Personal & Training
New Delhi, dated the 4th April,
2014
To
Sh. Vithba Gopala Dahekar
Plot No. 43, Om sai Society
Duttawadi
Post-Lawa, Nagpur
Maharastra-440023
Sub: Information under Right to information Act,
2005.
Sir,
Kindly
refer to your RTI application dated 01/03/2014 (transferred to the undersigned
by the CPIO (Estt. D) DoP&T on 26/-3/2014) and to say that the SLP No.
7467/2013 was filed by the Department against the judgement of the Hon’ble High
Court Chandigarh in CWP No. 19387/2011.
The SLP was dismissed on technical grounds and not on merit. The
Department decided to implement the order dated 31.05.2011 of CAT Chandigarh
Bench for grant of financial upgradation in the promotional hierarchy under
MACP to Shri Rajpal on personal basis not to be treated as a precedent.
A copy of the Department\s letter No. 26012/5/2011-AT dated 19/08/2013 issued
in this regard is enclosed. You have not indicated details of the matter of OA
No. 914/2012. However the same does not appears to be related to any employee
of CAT and therefore is not being dealt with in AT Division.
2. The
issue concerning policy on ACP and MACP scheme for the Central Government
Employees are being handled in Estt (D) section of the Department. CPIO (Estt.
D) DoP&T has already sent a reply to the applicant vide letter No.
41011/3/2014-Estt. (DF)/01309 dated 26/03/201.
3. The
first appellate Authority in respect of the information furnished above is Shri
A. Asholi Chalai, Director (AT), Department of Personal & Training, Room
No. 2080 A, North Block New Delhi.
Encl: As
above
Yours Sincerely
Sd/
(D.D. Maheswari)
Under Secretary to the Government of India
& CPIO (AT)
Tel No.
23094142
MOST IMMEDIATE
COURT CASE
No. P-26012/5/2011-AT
Government of India
Ministry of Personal, Public Grievances &
Pensions
Department of Personal & Training
New Delhi, dated the 19th August,
2013
To
The
Registrar
Central
Administrative Tribunal
Principal
Bench
61/35,
Copernicus Marg
New
Delhi-110001
Subject: OA No. 1038/CH/2010-Raj Pal Vs UOI
& Ors.
Madam,
I
am directed to refer CAT’s letter No.
PB/4/36/2010-R dated 23/05/2013 on the subject cited above and to say
that matter was examined in consultation with Ministry of Law & Justice and
the Establishment Division of the Department.
It has been decided to implement the CAT’s Chandigarh Bench’s order
dated 31.05.2011 in the subject OA absolutely.
2. Since
the special leave petition (SLP) filed against subject OA 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.
Sd/
(D.D. Maheswari)
Under Secretary to the Government of India
Tel No.
23094142
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All the Govt. Servant should be file a case on DOPT& related Head department individually & also claim mental harassment in this connection. Because, DOPT has been working against lower employees sentiment since long time! This is the time has come to that One revolution should must be done.
ReplyDeleteAjit Sharma, Chandigarh
Judgement in Rajpal case was pronounced by Hon'ble CAT Principal Bench. There will not two opinion that this is a precedent. The DOPT's decision is certainly against the jurisrudence of law.
ReplyDeleteFrom reply of DOPT, it is evident that DOPT is knowing delaying to amend their order on MACP scheme on promotional hierarchy. Also DOPT had used deceiving tactics to deprive of legitimate dues to lower grade employees which is against good ethic. The decision of DOPT is always demoralising the LDC/UDC cadre.
ReplyDelete"vide letter No. 41011/3/2014-Estt. (DF)/01309 dated 26/03/201" this major mistake of the personal ministry....What is actual year of issuing date? Perhaps, intentionally such mistake is given place in correspondence, so that- the govt.employee should remain in DARK...
ReplyDeleteYes there are many negtive attitude employee, who issue this type of order
DeleteWe have to find out this type of blacksheeps. anyway, what to do, we can do only what is in our hand. you can suggest me at raul_thapar@yahoo.com
Aabha Mishra is daughter of one Central Govt. Pensioner- (known as Vinod Kumar Mishra)- This pensioner is also in try to solve his less pension amount due to non-grant of 3rd MACP and Special Pay etc. His immediate junior Shri L.K.Mathur is getting Higher Pension Amount due to such discrepancies...But Ministry of Defence is not (even) receiving his grievances on the grounds of "this and that"....
ReplyDeleteThe stand taken by DoPT is unlawful and cannot stand trial in a court of law. It cannot arbitrarily grant MACP to one and deny to the other government servant in similar circumstances. If it is so desired by DoPT, we will en mass challange the illegal arbitrary decision by DoPT. We should seek fixing of responsibility in the matter and punitive measures against the concerned.
ReplyDeleteFrom this is understood that those who are sufferer in MACP, will knock the door of the court for justice and will get MACP on promotional hierarchy.
DeleteMinistry of DoP&T is working as anti lower class employees and the same is very clear in VI CPC by recommending different GP than the lower class. The members of VI CPC Committee were rewarded as they had proposed worst CPC for lower class and best for upper class.
ReplyDeleteSukesh Kumar Singh
Secretary
Rashtriya Raksha Karmachari Sangh,
Recognised by Govt. of India, Ministry of Defence,
Mumbai
MACP ON PROMOTIONAL HIERARCHY GRANTED ON PERSONAL BASIS MEANS THOSE ELIGIBILITY CAN FILE INDIVIDUAL FILE IN COURT?
ReplyDeleteSHRI OM PRAKASH (NCERT) IS REQUESTED TO GIVE HIS CONTACT NO. OR E MAILID SO THAT WE CAN SHARE THE FURTHER DEVELOPMENT OF THE CASE.
ReplyDeleteGovt. employees are facing MACP related common problem. For matters of general nature Para 126.5 of 5th Central Pay Commission reads as under:
ReplyDeleteExtending judicial decisions in matters of a general nature to all similarly placed employees. - We have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgement is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation. It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh v. UOI, [ (1992) 19 ATC 94 (SC) ], dated 20-7-1998; K.I. Shepherd etc. Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief. We clarify that this decision will apply only in cases where a principle or common issue of general nature applicable to a group or category of Government employees is concerned and not to matters relating to a specific grievance or anomaly of an individual employee.
Govt. must follow their own instructions.
Dear...A case of the said type will happen.Government will never listen to the genuine demands.Follow the legal route and get a direction issued by the Highest Judiciary to design an !!!option certificate!!!...preferably on the letter pad of the Supreme Court of India...With that sanctified copy approach the impelmenting authorities....!!! Legal Route!!! is the best way...Regards...
ReplyDeletesame problem facing lower cader employee,without any statury provision & un answered request application by BSNL authority of Junagadh SSA(GUJARAT) ,harreshment only & one type of force to appear at CAT.This is INDIA.Where is law/justice..
ReplyDeleteWhen so many Government Gazette were issued,None of the government gazette is specific especially to the element of Fixed Medical Allowance.As now now more number of people are neither getting the old rate nor the Enhanced Rate.Needs Special Attention in regard to the status from the Central Government Point of view.The facts setforth in the present session is true to the best of my knowledge and belief.
ReplyDeleteThe remedy now proposed is to explore the possibility Status on Fixed Medical Allowance Status and the legitimate increase under permissible norms,to ensure that atleast the old rate is released for payment with lesser duration of delay...Needs special attention.Regards...slakshmanrao3@gmail.com
ReplyDeleteWith Hopes that missing items will find merit in the next agenda...With regards...slakshmanrao3@gmail.com
ReplyDeleteDOP&T,New Delhi is in the process of filing S.L.Ps before the Supreme Court of India against the judgment dated 7.11.2013 of High Court of Punjab and Haryana,Chandigarh which relying on judgment dated 19.10.2011 in Raj Pals case extended the same benefits to UDCs,LDCs and Senior Library Attendant of C.A.T.,Chandigarh Bench.
ReplyDeleteThree SLPs are reported to have been filed on 22.05.2014 before the Supreme Court of India vide Diary No.17564-566 and are under scrutiny in the Registry of Supreme Court.These SLPs, if found to be in order, are expected to be listed after summer vacations during the month of July,2014. Let's wait for decision in these cases
DeleteSoundrarajan M
ReplyDeleteSir,
Kindly clarify about the pro motives. Will they get the benefit on promotional hierarchy?
It shows that callous attitude of the DOP&T. It is the right that Confederations, Assiociations and National JCM(Staff side) should write to the Hon'ble Prime Minister, as he the heading the Ministry of Personnel. Copies of all judgments delivered on promotion hierarchy should also be sent to the Hon'ble Prime Minister. DOP&T attitude towards employees is very annoying. It is the time to ravamp the DOP&T itself. Most of the orders issued by DOP&T were favouring the CSS cadre and others in the main ministries in case of extending GP 4600 to Assistants of CSS and their pay fixation orders. DOP&T should issue generalized orders so that all can be benefited. In this case, National JCM(Staff Side) had completely failed in bring this issues for the welfare of the employees. Confederations should file cases on behalf of the employees on common issues like Granting of 4600, merging of scales of 5000-8000,5500-9000 and 6500-10500, fixation of pay, granting of MACP on promotional hierarchy. Anomalies Committee had become a joke and most of the issues were still pending and National JCM is still sleeping on the issues. It is requested that National JCM should take up issue with the Government on priority basis. Even anomalies of 6th CPC were not resolved, 7th CPC was constituted and the problems / anomalies remain for ever. Every time, employees have to file court cases to resolve the issues.
ReplyDeletedopt is adopting negative attitude on macp cases. Time has come, we should unite and fight our case with new Govt. and even if new Govt. does not adhere to our demand, we should all go to court for justice for MACP in promotional heirarchy
ReplyDeleteConsidering the stagnation in promotion in different cadre in 6th CPC the concept of promotional hierarchy was introduced. Those who will complete ten yrs of service without any promotion, he will be eligible for next higher promotional grade pay. But DOPT has mis-interpretated the same and given the next grade pay i.e. from Rs.1900/- to 2000/- only Rs.100/- in ten yrs, from Rs.2400/- to Rs.2800/- only Rs.400/- in ten yrs etc. This anamolly does not given a touch to the DOPT official vis-a-vis the Government as lower staffs voice will nobody listen. Further the Hon'ble CAT judgement people will be eligible for promotional hierarchy, then we will also knock the Hon'ble Court for justice on MACP in promotional hierarchy.
ReplyDeleteJCM KO HARD ACTION LENA CHAHYEA STRIKE
ReplyDeleteSLP(C) No.10435-436 and 10791 of 2014 filed by DOP&T,New Delhi against Punjab & Haryana High Court,Chandigarh Judgment dated 7.11.2013 is scheduled for listing on 18.7.2014 and 21.7.14 in Hon'ble Supreme Court of India. The verdict of Apex Court is likely to end controversy about grant of grade pay either in promotional hierarchy or the next stage of grade pay due to financial upgradations under MACP Scheme based on judgment in Raj Pal's case.
ReplyDeleteCan Public Interest Litigation (PIL) be filed in order to grant MACP in promotional hierarchy to CG Employees keeping in view various individual court case decision ?
ReplyDeleteNo. The only option left with poor central government employees is to approach Central Administrative Tribunal and thereafter High Courts and Supreme Court of India and not through PIL.
DeleteThe Supreme Court of India in S.L.P.(Civil)(CC) No.10791 of 2014 and another S.L.P. has condoned delay in filing the SLPs and while issuing notice to the respondents in these SLPs, the operation of impugned orders has also been stayed by the Supreme Court. Now one must wait for final verdict of Supreme Court before approaching any other court of law.
DeleteITEM NO.5 and 60 COURT NO.7 SECTION XIA
ReplyDeleteS U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)......CC No(s).
8271/2014
(Arising out of impugned final judgment and order dated
24/06/2013 in OP No. 2000/2013 passed by the High Court Of
Kerala At Ernakulam)
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
M.V. MOHANAN NAIR Respondent(s)
I.A. No. 1/2014(with c/delay in filing slp)
WITH
S.L.P.(C)....CC NO. 10791 OF 2014
(with appln(s) for c/delay in filing SLP and office report)
Date : 08/08/2014 These petitions were called on for hearing
today.
CORAM :
HON'BLE MR. JUSTICE JAGDISH SINGH KHEHAR
HON'BLE MR. JUSTICE R.K. AGRAWAL
For Petitioner(s)
Mr. P.s. Patwalia, ASG
Mr. Farrukh Rasheed, Adv.
Ms. Charul Sarin, Adv.
for
Mr. B. V. Balaram Das,AOR(NP)
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
Delay condoned.
Issue notice.
In the meantime, the operation of the impugned orders
shall remain stayed.
(Parveen Kr. Chawla)
(Phoolan Wati Arora)
Court Master
Assistant Registrar
The SLPs bearing No.10435 and 10436 of 2014 were also listed before the Supreme Court of India on 22.8.2014 and Court no.12 condoned delay in filing the SLPs, Issued notice and stayed the operations of impugned judgments. This means that all the SLPs on the subject are clubbed together and will be listed before the Supreme Court in coming months for adjudication. Dear friends, don't rush to advocates for filing fresh cases on the subject and patiently wait for verdict of Supreme Court of India in various cases on the subject of MACP on promotional hierarchy.
ReplyDeleteSLP (Civil) Nos.21809 of 2014, 22181 of 2014, 23333 of 2014 and 23335 of 2014 are clubbed together and are likely to be listed before the Hon'ble Supreme Court, after notices are served on respective parties. There is stay granted by the Supreme Court in all the above four cases. Besides this, WP(Civil) No.4662 of 2013 is to be listed before Delhi High Court on 4.9.2014 and in this writ petition also there is stay to the operation of impugned judgments of various High Courts. In all, five cases are under consideration before High Court of Delhi and Supreme court of India and in case there is some positive response, the others can also follow the same.
DeleteI suggest that the case be filed by one or two and unions / federation representing them as a whole become party to make the outcome of the court cases operational for all employees and not on personal basis.
ReplyDeleteIn my opinion, we should kick out both the Federations and start our own Federation i.e. Ministerial Staff Federation of India. Which will be an independent federation. Than only the problems of Ministerial Staff can be shorted out and we can snatch our RIGHT from Government of India. Friends as Mr Pillai is on the way. Come let us help him to reach the destination for benefit of all of us. If once we suceed to create the same, In all JCM we will be having our own cadre representative.
ReplyDeleteMACP on promotional hierarchy is just a game playing by DoPT,they know it very well and even the employees of DoPT must be suffering for that.MACP or ACP was emerged to compensate the stagnation in one rank for years together.The provision of ACP made employees happy as the employees at least got pay in lieu of promotion.Now taking reference of Commisions order of pay to be fixed at next higher pay and not mentioned about promotional hierarchy so blindly and arbitrarily setting aside the judgement of CAT and Courts DoPT fixing pay at non-existing GP and pay which has no bearing .In RPF an Inspector on promotion as ASC gets class I scale of 5400/-GP but in MACP after 10 years gets 4800/GP in 9300/- pay which is not existing in pay structure of RPF.So friends time is very near ,its not as complicated as OROP and several courts given judgements in favour and contempt case pending at SC .
ReplyDeleteMACP on promotional hierarchy, Supreme Court also giving adjournments continuously. when final judgement will come god only knows. I don't think so it will come favourably to employees.
ReplyDeleteIT IS UNFORTUNATE THAT THE SLP 21803 YEAR 2014 IS PENDING WITH HONABLE SUPREME COURT OF INDIA FROM VERY LONG PERIOD. THIS CASE WAS ALSO HEARD INITIALLY BY HONABLE CJI WHO HAS RECENTLY RETIRED. cAN'T UNDERSTAND WHY SO DELAY IS BEING DONE IN THIS CASE WHEREAS SO MANY HIGH COURT AND BENCHES OF CAT UPHELD MACP ON PROMOTIONAL HEIRARCHY.
ReplyDeleteWhat if another direction is obtained from high court for grant of MACP on promotional hierarchy.Let me know.
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