GRANT OF MACP ON HIERARCHY BASIS AND THE DISMISSAL OF THE SLP BY THE SUPREME COURT-REGARDING

Dear members/friends,

            I am receiving Telephone calls, e-mails & SMS frequently in connection with granting of MACP on hierarchical basis with reference to the dismissal of the SLP by the Supreme Court.  Readers are of the view that when the MACP on hierarchical basis has been allowed to Shri Rajpal in consequence to the dismissal of the SLP by the Supreme Court why it does not implement for others.

Without going into details of the issue, the Supreme Court order dismissing the SLP is reproduced as follows:

There is no sufficient exaplanation given to condone the delay in refilling the special leave petition. Hence, application for condonation of delay in refilling the SLP is dismissed. Consequently, the special leave petition is also dismissed (Full text of the Supreme Court order in this connection is given elsewhere in this web site).

Thus it is very clear why the SLP filed by the Government is dismissed by the Supreme Court.

2.         Filing of case by UDCs of Defense Department:

Considering the implementation of MACP on hierarchical basis to Shri Rajpal, Photocopy operator through the aforesaid judgement  19 UDCs of the defence Department has filed a case before Principal bench of the CAT praying to pass order for the grant of MACP on hierarchical basis. The Court has ordered the concerned Department to grant MACP on hierarchical basis (Copy of the judgements is posted elsewhere in this website).

     In this connection, one of the petitioner informed me over  phone that their Department/Ministry has filed an appeal in higher court against the aforesaid judgement and accordingly the process of the implementation of the Principle CAT order is stayed till next hearing. The date of next hearing is on 11/11/2013.

3.         Hierarchy MACP- Final decision will be taken in the NAC Meeting:

            As has been already said elsewhere in this web site, the MACP issue was raised first time in the National Executive Meeting of the Confederation held on 18/01/2010. And the meeting unanimously decided to take up the matter and consequently a separate Anomaly Committee for the MACP was constituted by the Government. But a final decision on the matter is yet to be taken. However, it has informed that the matter will be discussed and decided in the forthcoming meeting of the National Anomaly Committee (NAC). Information regarding the conduct of the NAC meeting in the month of October 2013 is receiving but any notification from the Government side is not issued. The mater was discussed with Com. S.K. Vyas, Member National Anomaly Committee, who informed me that the conduct of the JCM/NAC meeting is under consideration of the Government, however, the notification is not issued as yet.

4.         Massive grass root level action required.

            Friends, Government’s decision replacing the existing hierarchical ACP to the present MACP has been challenged through court and Shri Rajpal of Chandigarh has got a favourable decision from the Supreme Court in view of dismissal of the SLP filed by the Government. On the other hand the case filed on this subject by the defence employees is progressing.  However, Government is not in a mood to re-think; filing an appeal against the Principle CAT decision shows the fact. Thus in order to change the mindset of the Government massive actions at grass root level is required. For involving a massive action, proper education and campaign on the subject is required.

         Meanwhile, the Confederation, the Railway & Defence Employees Federations have demanded immediate implementation of the MACP on hierarchy and striving hard to achieve it. Let us wait for the outcome of the NAC meeting. 

With regards

Yours Sincerely

(TKR Pillai)

General Secretary