Sir, Supreme court admitted the SLP against the orders of CAT / High Court as SLP (Civil) [CC] 10435 / 2014 filed on 18/07/2014. Notice issued to all concerned on 22/08/2014. On both occasion no body from staff side was present. Individuals have limitations in contesting the case in Supreme Court. Case will be ex-parte and in Government's favour if not taken up by Staff Organizations.
You are absolutely right. Staff organisation from all over India should communicate to respondents and provide him legal advice as this is the matter of all the employees.
It seems that babus sitting in the ministries are against this MACP. The reason being at level of UDCs and SOs, they are getting Non Functional Grade Pay of Rs.4200 and Rs.5400 respectively. MACP in promotional hierarchy is not beneficial to them. I feel that is why, DOP&T and Ministry of Finance is against implementation of MACP in promotional hierarchy. Most of members the Associations, Confederations and JCM are enjoying the NFGP. They are not bothered about others career prospects. This may be the reason, this point was not even put in the agenda points of National Council JCM meetings. It is certain that if you have bargaining powers like UDCs, Assistants, SOs, you will get the benefits otherwise you have to go the Courts for redressal of our grievances just like others had filed court cases as mentioned above. Mera Bharat Mahaan......
whatsoever u have said is true. JCM leaders make fool or employees. They enjoy full benefits from Govt. an d are against employees benefit. Direct recruited employees got ACP in new pay scale as per 6CPC w.e.f. 1.1.2006 after completion of 24 years whereas promoted seniors who completed more than 25 years in the same post have been denied the same benefit. Even pay anomoly has been resolved by departments. Federations member says it is not an anomoly since u have joined in lower post. What justice can we expect from these federation leaders who are welwishers of Govt and not employees.
This is the best stage for our association to step in by filing a PIL with a plea to seek implementation of the verdict given by honorable courts to all of the similarly placed eligible employees. The nucleic point is anomaly arisen out of not giving promotional hierarchy. Giving immediate next hierarchy is naturally against the constitution as admitted by High Courts. Hence, the justice must be implemented to eligible employees without dragging every employee to court.
I don't think it will be advisable to file PIL at this stage when in four SLPs i.e. 21809 of 2014, 22181 of 2014, 23333 of 2014 and 23335 of 2014 there is stay granted by Supreme Court of India. Why not to arrange for a very competent lawyer to defend the case of respondents in above cases before the Supreme Court of India on the next date of hearing. The Associations must take it seriously because there is no court above Supreme Court of India and in case the issue goes against the employees nothing can be done lateron.
The PIL will be more beneficial. This is because if hearing started intervention is not admitted. Granting stay by the apex court is customary Then only the lower court order can be litigated. In 21803 (21809 is wrong).22181, 23333, and 23335 notice were issued but respondents did not file reply till date. In 21803 (respondent Mr.Mohanan Nair) notice issued date could be 8.8.2014. What will be time limit to file relply. Further, all four SLP cases are tagged with one another.
After grant of stay in cases by Supreme Court of India, Public Intgerest Litigations can be of no help to affected Central Government employees particularly LDCs and UDCs. Even the lower courts would also stop giving reliefs in favour of employees keeping in view stay granted by Apex Court. If still someone wants to waste hard earned money , no body is stopping. I still cannot agree that Public Interest Litigation is possible in such cases.
Public interest litigation cannot ask any help to any specific LDC OR UDC particularly. It should seek that the judgement, what ever the verdict it be by apex court, must be implemented to all. It should not be for personum as told by DOPT. Therby, multiple cases filed in various courts can be avoided. Not only that, the Govt money (public paid tax revenue) can be saved,which the Govt. is spending in respect of legal adviser fee etc., Also, there will be no need to approach court for every individual. The lower court verdicts given so far in every case regarding MACP are flawless and constitutionally correct. There will be not be another opinion.
Instead of filing separate cases, JCM Staff side should file a intervention application before the Supreme Court, so that all facts regarding MACP discussed in Anomaly Committee meetings may be put before the Bench. DOP&T had asked the Ministries / Departments on whether ACP / MACP is beneficial. That Order was not taken seriously by the Ministries / Departments and did not sought veiws of the Government Employees. Main point of MACP is that those who got scale of Promotional Post under ACP got the replecement scales accordingly, but the same is denied to the after implementation of MACP. How can, an employee joined in the same cadre, get a different Grade Pay after implementation of MACP.
Federation and unions may take expert legal opinion in this regard. JCM staff side should also ask the views in this matter. Winner petitioners from the CAT and Hight Court, must be united and take this matter seriously. Employees should get the MACP in promotional hierarchy.
Our different unions must unite to get favourable verdict from the Supreme Court. If they failed to do that, it will their one of the biggest failures. It must be noted that MACP in promotional hierarchy is not going to harm any, whereas the same in the present form is harming many. So all unions must unite to fight injustice to some cadres.
Sir,
ReplyDeleteSupreme court admitted the SLP against the orders of CAT / High Court as SLP (Civil) [CC] 10435 / 2014 filed on 18/07/2014. Notice issued to all concerned on 22/08/2014. On both occasion no body from staff side was present. Individuals have limitations in contesting the case in Supreme Court. Case will be ex-parte and in Government's favour if not taken up by Staff Organizations.
You are absolutely right. Staff organisation from all over India should communicate to respondents and provide him legal advice as this is the matter of all the employees.
ReplyDeleteThis most urgent kindly take up by Staff Qrganization
ReplyDeleteIt seems that babus sitting in the ministries are against this MACP. The reason being at level of UDCs and SOs, they are getting Non Functional Grade Pay of Rs.4200 and Rs.5400 respectively. MACP in promotional hierarchy is not beneficial to them. I feel that is why, DOP&T and Ministry of Finance is against implementation of MACP in promotional hierarchy. Most of members the Associations, Confederations and JCM are enjoying the NFGP. They are not bothered about others career prospects. This may be the reason, this point was not even put in the agenda points of National Council JCM meetings. It is certain that if you have bargaining powers like UDCs, Assistants, SOs, you will get the benefits otherwise you have to go the Courts for redressal of our grievances just like others had filed court cases as mentioned above. Mera Bharat Mahaan......
ReplyDeletewhatsoever u have said is true. JCM leaders make fool or employees. They enjoy full benefits from Govt. an d are against employees benefit. Direct recruited employees got ACP in new pay scale as per 6CPC w.e.f. 1.1.2006 after completion of 24 years whereas promoted seniors who completed more than 25 years in the same post have been denied the same benefit. Even pay anomoly has been resolved by departments. Federations member says it is not an anomoly since u have joined in lower post. What justice can we expect from these federation leaders who are welwishers of Govt and not employees.
DeleteSrl no 25
ReplyDeleteDate of next hearing is 31st October
This is the best stage for our association to step in by filing a PIL with a plea to seek implementation of the verdict given by honorable courts to all of the similarly placed eligible employees. The nucleic point is anomaly arisen out of not giving promotional hierarchy. Giving immediate next hierarchy is naturally against the constitution as admitted by High Courts. Hence, the justice must be implemented to eligible employees without dragging every employee to court.
ReplyDeleteI don't think it will be advisable to file PIL at this stage when in four SLPs i.e. 21809 of 2014, 22181 of 2014, 23333 of 2014 and 23335 of 2014 there is stay granted by Supreme Court of India. Why not to arrange for a very competent lawyer to defend the case of respondents in above cases before the Supreme Court of India on the next date of hearing. The Associations must take it seriously because there is no court above Supreme Court of India and in case the issue goes against the employees nothing can be done lateron.
ReplyDeleteThe PIL will be more beneficial. This is because if hearing started intervention is not admitted. Granting stay by the apex court is customary Then only the lower court order can be litigated. In 21803 (21809 is wrong).22181, 23333, and 23335 notice were issued but respondents did not file reply till date. In 21803 (respondent Mr.Mohanan Nair) notice issued date could be 8.8.2014. What will be time limit to file relply. Further, all four SLP cases are tagged with one another.
DeleteAfter grant of stay in cases by Supreme Court of India, Public Intgerest Litigations can be of no help to affected Central Government employees particularly LDCs and UDCs. Even the lower courts would also stop giving reliefs in favour of employees keeping in view stay granted by Apex Court. If still someone wants to waste hard earned money , no body is stopping. I still cannot agree that Public Interest Litigation is possible in such cases.
DeletePublic interest litigation cannot ask any help to any specific LDC OR UDC particularly. It should seek that the judgement, what ever the verdict it be by apex court, must be implemented to all. It should not be for personum as told by DOPT. Therby, multiple cases filed in various courts can be avoided. Not only that, the Govt money (public paid tax revenue) can be saved,which the Govt. is spending in respect of legal adviser fee etc., Also, there will be no need to approach court for every individual. The lower court verdicts given so far in every case regarding MACP are flawless and constitutionally correct. There will be not be another opinion.
DeleteInstead of filing separate cases, JCM Staff side should file a intervention application before the Supreme Court, so that all facts regarding MACP discussed in Anomaly Committee meetings may be put before the Bench. DOP&T had asked the Ministries / Departments on whether ACP / MACP is beneficial. That Order was not taken seriously by the Ministries / Departments and did not sought veiws of the Government Employees. Main point of MACP is that those who got scale of Promotional Post under ACP got the replecement scales accordingly, but the same is denied to the after implementation of MACP. How can, an employee joined in the same cadre, get a different Grade Pay after implementation of MACP.
ReplyDeleteFederation and unions may take expert legal opinion in this regard. JCM staff side should also ask the views in this matter. Winner petitioners from the CAT and Hight Court, must be united and take this matter seriously. Employees should get the MACP in promotional hierarchy.
ReplyDeleteOur different unions must unite to get favourable verdict from the Supreme Court. If they failed to do that, it will their one of the biggest failures. It must be noted that MACP in promotional hierarchy is not going to harm any, whereas the same in the present form is harming many. So all unions must unite to fight injustice to some cadres.
ReplyDelete