CENTRAL ADMINISTRATIVE TRIBUNAL AHMADABAD DISMISSES OA DEMANDING MACP ON PROMOTIONAL HIERARCHY(Please view the OA in the link below)
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22034_04_2013-Estt.D-01032016A.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22034_04_2013-Estt.D-01032016A.pdf
It seems that this judgment for confusing the matter further. Why the DOP&T had not issued the same OM when Delhi High Court and Punjab High Court directed for implementation of MACP on promotional hierarchy. What the justification in not implementing the MACP on promotional hierarchy. The issue of seniors who completed 24 years(under ACP) got GP Rs.5400 before 01.9.2008, juniors getting GP Rs.4800 after 01.09.2008. This is not discrimination.
ReplyDeleteWhat about the DOP&T OM in which it was sought the information on which ever is beneficial of ACP and MACP. The Anomalies Committee did not resolve the issue till date. When you refer Punjab and Haryana High Court judgment, it has taken this issue into consideration. Instead of resolving the issues, which are pending for a long time, DOP&T did not waste time in issuing this type of OM. Rogues in the DOP&T did not understand this, because they got Non functional grades. Why this is not implemented for all cadres. Associations, Unions, conferations, National JCM are also mum on this issue.
ReplyDeleteDelhi High Court judgment dated 04.04.2011 is flawed. The issues raised in the Anomalies Committee were taken in the judgments dated 04.04.2011. Punjab and Haryana High Court had rightly taken this issues and given the judgment in of the affected employees. The same points were taken by Delhi High Court in its judgments in case of NCERT, Shri Sanjay Kumar case. Why this judgment of Ahmadabad Bengh had giving more weightage to Delhi High Court judgment dated 04.04.2011, when in fact there are so many other case decided by the Delhi High Court later on the basis of Punjab and Haryana High Court judgment. This is an calculated attempts to derail the case on MACP on promotional hierarchy.
ReplyDeleteThis judgement has overlooked the basic fact that ACP or MACP is provided to grant only the financial benefit to an eligible person who has put in 10 years of service in a particular grade and would have been promoted in normal course. JUST because the post is not available at higher end should not deter the grant of benefit, at least on financial terms. This is the BASIS of ACP/MACP concept and should be followed. It is a failure of the administrative machinery particularly DOPT for opposing their own guidelines. No outcome for last 10 years of deliberations and incapacitated ANAMOLY COMMITTEE has made the employees suffer.
ReplyDeleteकैट के जजमेंट से कोई फर्क नहीं पड़ने वाला क्योंकि हाइयर कोर्ट ने पहले जजमेंट दे रखें हैं । हाँ यह प्रश्न जरूर उठता है की डी ओ पी टी को इसे सर्कुलेट करनी की आवश्यकता क्या थी । जब डी ओ पी टी ने हाइयर कोर्ट के फैसले को कोई अहमियत नहीं दी। यह दी ओ पी टी की कार्यप्रणाली पर प्रश्न चिन्ह लगाता है ।
ReplyDeleteDOPT is trying to impose undue influence on the aggrieved employees.There should be an appeal in the higher court. MACP-Promotional hierarchy=Murdered ACP Scheme
ReplyDeleteEarlier it was time bound promotional thereafter ACP on promotional hierarchy all these in promotional post hierarchy and people till introduction of MACP got the benefits later after introduction of macp the people will get grade pay hierarchy in which the gap from PB-2+4200 to PB2+5400 is too much that it can not be bridge in thirty years whereas earlier it was the matter of 8/12 years. How can it will be justified the employee from the same cadre with same length of service get the two different treatments in scales as they are governed by the two diffrerent schemes of promotion. can any justify that? promotional scheme is brought always for the betterment of the employee not for the harassment or discouragement.
ReplyDeleteDo you have any idea about the consequences of this and how can a single case dismisal will decide the fate of other cases that are in final judgement stage and how can govt will extend it to the all cases by issuing DOPT order that wasn't held when the govt was defeated in court and forced to implement it for one person. at that time they didn't extend it to all by saying it was a technical fault then why not this time a technical fault. it's double standard the govt adopting NDA is not indifferent with the UPA in this matter.
ReplyDelete