07/11/SH NEWS

Upgradation of Grade Pay of LDC/UDC: Date of next hearing is 01/04/2020.

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Thursday, October 17, 2019


MACP ON PROMOTIONAL HIREARCHY
Update of hearing on 17 Oct 2019

Dear friends,
Three type of cases are linked together in SLP 21803/2014 (Union of India Vs MV Mohanan Nair)
a)  Prayer for MACP on Promotional hierarchy (Our case)
b)  Prayer against retrospective implementation of MACP that is w.e.f. 01 Sept 2008.
c)  Prayer against juniors getting more pay than seniors after MACP-Pertaining to employees of Accountant General Office.

During hearing Advocate for case at para (b) requested to de-link their case from these batch of cases, as their case is different. Accordingly their case is de-linked and will be heard separately.
As regards the case of Accountant General Office, court directed respective advocates to submit a brief of their case, which they have submitted before 2 PM today.
As regards our case, no much argument took place. Still we have brought out the difference in emoluments and anomalies in MACP scheme. 
No more documents are to be submitted by us. We have well briefed our advocate in person, through written notes and also over phone very often. He is very much confident.
Case is now postponed to 26 Nov 2019; most probably it will be final hearing.
Be patient for the final results.
(TKR Pillai)
Convener
Steering Committee

22 comments:

  1. Thanks sir for your kind response

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  2. Thank u sir , awaiting for a positive reply in the case

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  3. Sir, If the final verdict of the Court is in favour of Shri Mohanan Nair, will it be applicable to all the Central Government employees?

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    1. It will be applicable to all central govt employees

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  4. This comment has been removed by the author.

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  5. A lot of employees have retired during this period when the case is in progress. Will they also covered by this judgement if it is favoring the employees and whether their pension benefit and other retirement benefit will also be revised?

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  6. Great effort by your good self Sir. keep it up. Once the MACP is decided, all anomalies of MACP are resolved. Already, the Hon'ble SC had decided for MACP w.e.f 01.01.2006 for Armed Forces Personnel. It is only to be decided and implemented for civilians also. SC had decided that MCAP is a part of pay not allowance and it is to implemented w.e.f 01.01.2006. as the Govt had accepted the pay commission recommendations through gazettee notification.

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    1. Sir, what do you think will happen to those who got their ACP between 01.01.2006 and 30.09.2008 if at all MACP is implemented retrospectively w.e.f. 01.01.2006 instead of 30.09.2008.

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  7. Yes. The Modified ACP Scheme (MACP) should be implemented w.e.f. 01.01.2006 and not from 01.09.2008. Also the word Modified does not mean that the benefits enjoyed by a lot of Central Government employees prior to 01.01.2006 should be reduced from Promotional Hierarchy to just next higher Grade Pay or level of pay. The Government can increase the Financial upgradations from 2 to 3, which is the real Modification of the old ACP Scheme acceptable. But, denying the Pay of the Promotional Post is not at all acceptable.

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    1. I very much agree with you Sir. A junior should not be denied the benefits which their seniors enjoyed merely by falling ahead by a cut-off date of implementation.

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  8. Pillai Sir, thank you very much for you inputs.

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  9. Sir, I want to state one thing about reg. the person who join on 5.1.2006 in govt. Service and got increments after 18 months on 01.07.2007. it was very unjustified but a person who have increments due between 01/06 to 06/06 got one extra increments. So I request you please raise the matter in appropriate form for justice because the recommendation of 6th cpc came in the year 2008. Raushan kumar mob. 70003315368

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  10. Sri. TKR Pillai Ji namasthe. Sir. Is there any recent news on this case from our advocates. Is there any preparations by our advocate to defend the case, any judgements are pronounced in favour of employees in these types of cases previously. whether they will support to this case. Kindly touch with advocates Sir until complete of this case means the H'ble Judges should dismiss this case. This is my humble request Sir.

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  11. AMIT KUMAR DAS, DPPQSNovember 13, 2019 at 8:15 AM

    Pillai Sir I had talk with u in past.Hope u are well enjoying a sound health.Sir,I had a request as u are aware about the promotion condition in subordinate offices in n respect of LDC and UDC's. Most of them got their first promotion from LDC to UDC after rendering 17 to 20 yrs of service even more and in some cases on the verge of retirement.Now the fact is if some one got the promotion after 20 years to the post of UDC then as per recommendation of 6 the CPC grade pay to grade pay transition period one LDC will have to wait for 10 yrs to get next promotion in Assistant Grade GCS cadre. Is it fare? When the person automatically becomes eligible for MACP after 10 yes service what is the meaning of wuch long eligibility period.I request u to to kindly do something to at least reduce this period to 5 years if require a petition may be filed in CAT challenging to this isaue. It is in njustice with GCS UDC's.

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