GRANTING OF MACP ON PROMOTIONAL HIERARCHY:A STEP FORWARD:

Delhi High Court dismisses the NCERT appeal:

NCERT had appealed in the Hon'ble High Court Delhi against judgment for granting MACP on promotional hierarchy(OA 864-2014) by Principal CAT. Now, Delhi High Court had dismissed the NCERT appeal on 14.07.2014. Order dated 14.07.2014 is given below:

IN THE HIGH COURT OF DELHI AT NEW DELHI

  W.P.(C) 3608/2014
  
  NATIONAL COUNCIL OF EDUCATIONAL RESEARCH and TRAINING
  ..... Petitioner

  Through: Mr. Anand Nandan, Adv.

  versus

    OM PRAKASH and ORS ..... Respondents

  Through: None.



  CORAM:

   HON'BLE MR. JUSTICE S. RAVINDRA BHAT

   HON'BLE MR. JUSTICE VIPIN SANGHI

  
   O R D E R

   14.07.2014
  

The petitioner/NCERT is aggrieved by an order of the Central  Administrative Tribunal (hereinafter called ?CAT?) dated 12 March, 2014  whereby the respondents? claim to be placed in the pay scale `9300-34800/- with grade pay of `5400/- was directed to be considered.

  
 The NCERT submits - his counsel argues- that the CAT fell into  error in making the impugned directions at the first hearing. It was  submitted that the CAT should not have directed the grant of relief once  it was brought to its notice that the NCERT, on 26 November, 2013, had  consciously considered and rejected the claim of higher pay scale.

The impugned order of the CAT is premised upon the respondents? entitlement to the pay scale claimed by them which, in turn, was based on  a judgment of the Punjab and Haryana High Court in CWP 19387/2011.That  judgment was not interfered with by the Supreme Court even though SLP  (CC) 7467/2013 was preferred. The NCERT?s rejection of the respondents?

  claim for the higher pay scale appears to be solely based on the absence of any DOPT instructions pursuant to the Punjab High Court?s orders.  Having regard to these circumstances, this Court is of the opinion that  since there is no direction to grant pay scale, the NCERT should pass a  reasoned order indicating its reasons for denying the pay scale claimed  by the respondents. In other words, its reasons cannot merely be absence  of DOPT instructions, but have to be more substantial, upon application  of mind to the judgments and directions of the Punjab and Haryana High  Court, as endorsed by the Supreme Court in its orders.

  In view of the above, the impugned order does not call for any
  interference.

  The Writ Petition is accordingly dismissed.


  S.RAVINDRA BHAT, J

  
  VIPIN SANGHI, J

  JULY 14, 2014

PRINCIPLE CAT DIRECTS NCERT TO IMPLEMENT MACP ON PROMOTIONAL HIERARCHY

Central Administrative Tribunal

Principal Bench, New Delhi

O.A. No.864/2014

Wednesday, this the 12th Day of March of 2014

Hon ble Mr. G George Paracken, Member (J)

Hon ble Mr. Shekhar Agarwal, Member (A)

1. Shri Om Prakash

S/o Sh. Naidar Singh

R/o 3/76, NCERT Campus

NCERT, Sri Aurobindo Marg, New Delhi-16

2. Shri Sunil Kumar

S/o Shri Mehkaar Singh

R/o 30/9-A, Hari Om Gali No.1

Babar Pur, Shahadara, Delhi 110032

3. Shri Prakash Veer Singh

S/o Shri Jai Singh

R/o M-2618, Gali No.8

Bihari Colony, Shahadra

Delhi-32.                                                                               .Applicants

(By Advocate: Shri M.K. Bhardwaj)

VERSUS

1. Secretary (NCERT)

Sri Aurobindo Marg

New Delhi 110016.

2. The Secretary

Ministry of Human Research & Development

Shastri Bhawan, New Delhi.

3. The Secretary

DOP&T

North Block, New Delhi.                                                  .Respondents

(By Advocate: Shri Anand Nandan)

Order (Oral)

Shri G. George Paracken:

The applicants in this Original Application are aggrieved by the alleged, arbitrary and discriminatory action of the respondents in not giving them the pay scale of Rs.9300-34800 with grade pay of Rs.5400/- as given to similarly placed persons/ counterparts who were appointed as Production Assistants by following the same method of recruitment and the same rules as applicable to them. They have, therefore, made several representations to the Respondents to grant them also the same benefits. In response to their last representation dated 19.09.2013, the Respondents have issued the impugned Office Memorandum dated 26.11.2013. Both the said representation and Office Memorandum are reproduced as under:-

To

The Under Secretary

E-III Section

NCERT, New Delhi.

Subject:         Grant of MACP on Promotional Hierarchy.

Sir,

Kindly acknowledge my correspondence(s) dated 23.09.2010, 7.2.2011, 1.3.2011 & 15.6.2011.

Now, the Hon ble Supreme Court has dismissed the Petition(s) for Special leave to Appeal (Civil) (CC 7467/2013) filed by the Government, and upheld the judgement passed by the Punjab and Haryana High Court in CWP No. 19387/19.10.2011 and Honble CAT, Principal Bench, New Delhi in OA No.904/2012 dated 26.11.2012. Honble CAT, Chandigarh Bench, in OA No.1038/CH/2010 dated 31.05.2011 and has issued the following Order on dated 14.09.2013.

The eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher pay scale of pay as per the recommendations of the 6th Pay Commission.

(Copy of all the Orders from Supreme Court/High Court are enclosed herewith for reference.)

In my earlier correspondences, I have already mentioned that my other colleagues have been placed in their next attached grade of Rs.5400/- after grade pay of Rs.4,200/- i.e. the promotional hierarchy of a Production Assistant lies in the next grade pay of Rs.5,400/-. (This has already been explained in detail in my earlier correspondences.)

Accordingly, I also represent my case that I too be placed in my next attached promotional hierarchy, which is Rs.5400/- and not Rs.4,600/- (as recommended in the 6th Pay Commission). Since the said post of Production Assistant is next attached to their promotional hierarchy Rs.5400/- which is an Assistant Production Officer Grade (Promotional hierarchy).

Establishment Section is requested to kindly grant me the next promotional hierarchy grade pay of Rs.5,400/- as per the Order of Honble Supreme Court dated 14.09.2013, which is explained above.

Thanking you,

Yours faithfully,

(Om Prakash)

Production Assistant

Publication Division (PW)

No.F.14-3/2011-E.III/MACP(Pt.)

National Council of Educational Research & Training

Sri Aurobindo Marg, New Delhi 110016

New Delhi, the 26th November, 2013

Office Memorandum

            Reference his application dated 19th September, 2013 for grant of Financial upgradation in the promotional hierarchy as per the judgement of Punjab and Haryana High Court in CWP No.19387 of 2011 and upheld by the Supreme Court in SLP (CC 7467/2013) and not in the next higher pay as per 6th Central Pay Commissions recommendation.

No clarification/circular for compliance of the said judgement is received from DOP&T till date. Hence, his request for grant of financial upgradation under MACPS in the hierarchical post as per the judgement cannot be acceded to.

This issue with the approval of the Competent Authority.

(S.D. Singh)

Under Secretary, E.III

Shri Om Prakash,

Production Assistant

Publication Division, NCERT.

  

2.         The applicants have, therefore, filed this OA seeking the following reliefs:-

(a)       To declare the action of the respondents in not granting  the scale of Rs.9300-34800 (PB-2) with Grade Pay of Rs.5400 as given to similarly placed persons to the applicants as illegal and arbitrary.

(b)       To direct the respondents to grant scale of Rs.9300-34800 with Grade Pay of Rs.5400 as 1st financial upgradation to the applicants under MaCP from due date with all arrears of pay.

(c)       To declare the OM/MACP dated 19.05.2009 as unconstitutional to the extent the same deny the next promotional scale attached to the promotion post as 1st, 2nd & 3rd financial upgradation as illegal, arbitrary and unjustified.

3.         In our considered view, once an order has been passed by this Tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. The respondents, therefore, should have considered the representations of the applicants on merits.

4.         In view of the above position, we dispose of this OA at the admission Stage itself with the direction to the respondents to consider the Representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) o.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.

 ( Shekhar Agarwal)                                                                 ( G. George Paracken )

       Member(A)                                                                                      Member (J)

   

Reply under RTI received from MoS&PI on the present status of the Cadre restructuring, Merger of the posts etc.

Dear Members,

You are aware that proposals of cadre restructuring of the Administrative Staff and Hindi Translators are under consider of the Ministry for the last 3 years. Besides, the merger of the posts of Assistant and Office Superintendent has been under consideration of the Ministry. To know the present status of these cases the undersigned sought some information under RTI. The reply received from the MoS&PI is given below for your information.

DoPT launches e-service record system for govt. employees(Click the link below)

http://www.thehindu.com/news/national/dopt-launches-eservice-record-system-for-govt-employees/article6254634.ece

DA MERGER & INTERIM RELIEF- CONFEDERATION WRITES TO SECRETARY JCM STAFF SIDE, NATIONAL COUNCIL

DA MERGER & INTERIM RELIEF- CONFEDERATION WRITES TO SECRETARY JCM STAFF SIDE, NATIONAL COUNCIL

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS

 Central Headquarters 

1st floor, North Avenue Post Office Building, New Delhi-110 001.

      Dated :  23.07.2014

Com. Shiv Gopal Misra,

Secretary,

Staff Side, National Council, JCM

13 C Feroze Shah Road,

New Delhi. 110 001.

Dear Comrade,

  Sub: Memorandum of Interim Relief and merger of Dearness allowance.

        The National Secretariat of the Confederation of Central Government employees and workers places on record its appreciation over the efforts of the Staff Side,  JCM,  National Council in preparing and submitting the memorandum to the 7^th Central Pay Commission, which has received the widest acceptance and admiration of the Central Government employees. Since the last date for submitting the Department-specific memorandum has been got extended by your efforts uptill 31^st July, 2014, the first phase of our endeavor and interaction with the 7^th CPC will come to a conclusion in a few days’ time.

       I have been directed by the National Secretariat of the Confederation which met on 17^thJuly, 2014 to solicit your kind reference to the memorandum submitted by the Staff Side on behalf of all Federations, Unions, Associations on Interim Relief and merger of Dearness allowance.  We are of the view that the Staff Side, in pursuance of the said memorandum, must seek an audience with the Pay Commission immediately to know the course of action the Commission would like to take in the matter.  We must also seek an appointment with the honourable Finance Minister thereafter so as to ensure that a decision on our demands is taken by the Government without any further delay.  We hope we need not emphasis the fact that the Central Government employees do expect financial benefit on this score as the erosion in the real value of wages as on date is phenomenal. 

  We shall be grateful if you will indicate to us your line of approach in the matter.

  Thanking you and with greetings,

Yours fraternally,

M. Krishnan

Secretary General.

Copy to

     1.Com. Raghaviah, Leader Staff Side, National Council, JCM 

     2. Com. Srikumar, Secretary General, All India Defence Employees 

GRANT OF MACP ON PROMOTIONAL HIERARCHY-YET ANOTHER CASE IS FILED.

Dear friends,

          Shri R Vipin Lal & Ms G Mini of Vocational Rehabilitation Centre for Handicapped Thiruvanathapuram, Kerala has filed a case in CAT Ernakulam vide OA No. 180/00070/2014 for granting MACP on promotional hierarchy. It has come to know that at present around two dozen cases on the subject are under consideration of the CAT Ernakulam. This will essentially strengthen the fight for granting of MACP on promotional hierarchy further.

With greetings

TKR Pillai

General Secretary

Comparative study on the pay scales of LDC & UDCs of Kerala State and Central Government

LDC-UDC ISSUE:
The comments of Shri George Antony, Kalpakkam on the Memorandum submitted to the 7^th Pay Commission by this Association is given below:  Shri Antony has made a comparative study on the pay scales of LDC & UDCs of Kerala State and Central Government wherein it has seen that the LDC/UDC posted in Central Government are being paid much less pay than the pay of LDC/UDC of Kerala State.  

All our friends are requested to send useful material in support of the demands put up by us to the 7^th CPC to this Association so that the same may be used during oral evidence.   

TKR Pillai

I have gone through your memorandum to 7^th CPC. After analyzing the past pay commissions and various state government pay commissions, I have observed some facts which I would like to share with you. This may be useful for your meeting with 7^th CPC in the nearby future. The observations are listed below for your consideration.

1) There is a general conception that central gov. employee’s pay is more than state gov. employee’s pay. But this is not true in many cases.

Kerala gov. employee’s pay is more than central gov. employee’s pay in many equivalent posts like LDC, UDC etc.

Comparison of Central pay with Kerala government pay(AS ON 01/01/2014)

(Calculated on the minimum of the scale)

	POST	SCALE	BASIC	DA	TOTAL SALARY
KERALA	LDC	9940-15380	9940	7256 (73%)	17196
CENTRAL	LDC	5200-20100(PB1)	5830+1900= 7730	7730 (100%)	15460

                         

	POST	SCALE	BASIC	DA	TOTAL SALARY
KERALA	UDC	13210-20740	13210	9643(73%)	22853
CENTRAL	UDC	5200-20100(PB1)	7510+2400=9910	9910(100%)	19820

 Thus a central gov. LDC is drawing 11.22 %( Rs 1736) less salary than his Kerala counterpart. Similarly Central government UDC is drawing 15.3 %(Rs3033) less salary than his Kerala counterpart.

This same cases are there for many other posts. This is because in Kerala new pay commission is constituted in every 5 years. Hence their basic salary becomes higher. Irrespective of the new  pay scales they are getting the same DA in every 6 months as central gov. DA. Whenever central employees get new pay scales the DA rate is reduced, on that occasion Kerala gov.employees are getting the pre revised scale central DA.

                         Most important news is that KERALA pay scales given above are as per 9^th pay revision commission implemented from 01/07/2009.10^th pay commission was already constituted in Kerala and the new pay scales will be implemented from 01/07/2014.In that case the above mentioned pay scales may be doubled. It is anticipated that the LDC basic is changed from 9940 to 24000 and UDC from 13210 to 30000, whereas the central gov. LDC is drawing a total salary of 15460 and UDC 19820.

              I wonder why this disparity in pay was not noticed by JCM.

2)          Devaluation of Rupee

               In last 2 years there is 15  % depreciation of rupee against dollar.One dollar was equivalent to  53 rupees in 2012 and now it is 61 rupees.

%Depreciation=61-53/53=15%

This was not highlighted in the memorandum.

3)     Pay commission in every 5 years

        In many state governments, major part of the state income is spent on salary and allowances  of the state gov. employees. Still they have new pay scales in every 5 years.But only a fraction of GDP is spent for central staff and still they have pay commission in 10 years.

   Consider the 5^th and 6^th CPC,in 10 years the   multiplication factor is only 2.6

2750-4400 in 5^th CPC to 5200-20200 with GP of 1800

That means 2750 is converted to 7000. M.f. is 7000/2750 =2.54

5000-8000 is converted to 9300-39000 with GP of 4200

5000 is converted to 13500 in 10 years.M.F. is 13500/5000 =2.7

Group A scale 8000 is changed to 21000 in 10 years.mf=21000/8000 =2.6

But in Kerala within 5 years  between 2004 and 2009 pay commissions the m.f is 1.88

As the new pay revision will be effected from 01/07/2014  the multiflication factor

Within 10 years between 2004 and 2014 mf.will be between 3.5 to 3.8

Kerala LDC minimum basic of 5650 in 2004 is changed to 9940 in 2009 and present LDC salary is 17196.With the present scale itself m. f. is 17196/5650 =3.04.With the new pay scales from 01/07/2014 the multiplication factor in 10 years period will be 3.5 to 3.8 in comparison to 2.6 of central pay.(10^th pay revision commission constituted in Kerala is yet to submit the report).

4)   NEW DA AFTER PAY COMMISSION

             It is observed that DA rates are reduced immediately after new pay scales are come in to effect.This causes the nutralisation of increase in pay one get from new CPC   within a few years.

The example is given below.

                           BASIC              DP           DA installment on 01/01/08                           

 5^th CPC scale    8000                4000          6% of   (8000+40000) = Rs 720

 6^th CPC            15600+5400GP                 3% of (15600+5400) =  Rs 630

This was applicable for every scale.

On 01/01/08 the 5^TH CPC  DA was 23%.After the implementation of 6^th CPC scales DA on 01/01/2008 was fixed at 12%.What will be the actual hike in pay  once the basic is increased and DA is reduced to half of original.All in all the pay hike is very less.Please notice the Kerala  example.

  In Kerala, new pay scales were implemented from 01/07/2009.On 01/01/2010 DA of 8% was announced by centre.Irrespective of the new pay scales Kerala gov. employees also got 8% DA and within 5 years they got total DA of 73%.I do not understand the meaning of a new pay revision with increase in basic and substantial reduction in DA causing nutralisation of pay hike.

5) MINIMUM WAGE

   In Kerala wage of an agriculture laborer is Rs 600 per day (18000 per month)

Wage of carpenter ,mason etc.  is 800 to  1200 per day (24000 to 36000 per month)

A central government LDC’s total  salary is 15460 only.

(I am a Keralite hence the example of Kerala)

 I am totally agree with your proposal of pay .It should be from 01/01/2014.

 I will be happy if any of the observations is useful for you.

GEORGE ANTONY

12,    4^TH AVENUE

KALPAKKAM. TN 603102

The Lokpal and Lokayuktas Act. 2013 - Submission of declaration of assets and liabilities by the public servants(Please click the link below)
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_3_2014-Estt-A_23072014.pdf

Introduction of incentive scheme titled ‘Employee of the Month‘ with effect from October, 2013

Press Information Bureau 
Government of India
Ministry of Personnel, Public Grievances & Pensions 

24-July-2014 12:25 IST

Award to Industrious Government Staffers 

The Department of Personnel & Training (DoPT) has instated a non-monetary incentive scheme titled ‘Employee of the Month‘ with effect from October, 2013 to recognize meritorious performance of employees of the rank of Under Secretary and equivalent and below in the Department.

DoPT had organized a retreat for its officials at the level of Deputy Secretary and above in October, 2013 at Lal Bahadur Shastri National Academy of Administration (LBSNAA), Mussoorie. This Department has informed other Departments of Government of India about this retreat as one of the best practices introduced in DoP&T.

In accordance with Innovation Action Plan, DoPT has installed ‘Idea Boxes’ in the Department to solicit ‘out of the box’ solution to various issues. This Department has informed other Department of Government of India about the installation of ‘Idea Boxes’ as one of the best practices introduced in DoPT.

Dr Jitendra Singh, MoS (PPG&P) gave this information in Rajya Sabha today in a written reply to a question by Shrimati Wansuk Syiem

IT OFFICE WILL REMAIN OPEN TO ACCEPT RETURN ON 26TH & 27TH JULY.

Press Information Bureau 
Government of India
Ministry of Finance 

24-July-2014 12:33 IST

Special Arrangements Made for Accepting Returns of Income;
Offices to Remain Open on 26th July and 27th July, 2014, Being Saturday and Sunday, for Accepting the Returns During Normal Office Hours 

For the convenience of the taxpayers, the Income Tax Department has decided to keep the offices open for accepting the returns of income during normal office hours on 26^thJuly and 27^th July, 2014, being Saturday and Sunday. This direction has been issued by the Central Board of Direct Taxes (CBDT) in exercise of powers conferred under Section 119 of the Income Tax Act, 1961. Special arrangements have also been made by way of opening additional receipt counters, wherever required, on 26^th, 27^th, 28^th, 30^th and 31^stJuly, 2014 in order to facilitate the taxpayers in filing their returns of income conveniently and in a timely manner.

            The due date for filing of return of income within the meaning of Explanation 2(c) to Section 139(1) of the Income Tax Act, 1961 is 31^st July, 2014.