MACP ON
PROMOTIONAL
HIERARCHY
HIERARCHY
SLP(C) NO. 21803/2014 (UNION OF INDIA &
ORS VS. M.V. MOHANAN NAIR) TAGGED WITH CASE NUMBERS SLP(C) NO.
22181/2014 , SLP(C) NO. 23335/2014, SLP(C) NO. 23333/2014, SLP(C) NO.
18227/2015
According to information received, judges
were ready to hear the case and the lawyers of respondents were fully prepared.
But Government lawyers were not prepared and sought adjournment. And the case is posted on 04/01/2016. Copy
of record of proceeding is given below:
SUPREME COURT OF INDIA
Case Status Status : PENDING
Status of : Special Leave Petition (Civil) 21803
OF 2014
UNION OF INDIA &
ORS. .Vs. M.V. MOHANAN NAIR
Pet. Adv. : MR.
B. V. BALARAM DAS Res. Adv. : MR. C. K. SASI
Subject Category : MATTERS RELATING TO JUDICIARY - MATTERS PERTAINING TO EMPLOYEES OF DISTRICT COURTS AND TRIBUNALS
Listed
2 times earlier Likely to be Listed on : 04/01/2016
Delayed Justice is Denied Justice
ReplyDeleteYes it true.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteHad it been something beneficial to Group A services, this would have been implemented long time back. But since it benefits mainly the low level Govt employees, Govt is denying it even after favourable verdicts from all Courts including Supreme Court. The present petition is pending for more than a year and already many adjournment has been given, even then the Learned Counsel for Petitioner wants more time and surprisingly, the Hon'ble Judges allows it. This makes poor people like us feel that there are two sets of law; one for the powerful and another for ordinary people like us. I do hope the Hon'ble PM and also Hon'ble Chief Justice of Supreme Court understand the disappointments of lower level Govt staff by this delaying tactics and give us our justified dues.
ReplyDeleteYes, Shri. Nkumar exactly has expressed the view of less paid employees of Central Government and this is the fact in our Country. But almighty will change the situation, because Wards of Today's Bureaucrats will become a Subordinate Staffs due to Karma of Indian Bureaucrats. So let us hope that we will win in the case. Justice will upheld.
ReplyDeleteEverybody was eagerly waiting for a positive judgement yesterday, but it is unfortunate for all of us that the case is again adjourned. In the meantime 7th CPC will submit its report on 20 or 23 nov.2015 if its approved before 4.1.2016 ( our next adjourned date) we will not get nothing and the Judges will simply tell since 7th CPC report submitted and approved this will be disposed off accordingly. All my hopes are shattered. Atleast lets pray God that it will be finalised on 4.1.2016 with retrospective effect.
ReplyDeletePostponing the date of judgement will dash the hopes of aspirants coz from 01.01.2016 the so called MACP will be replaced with the new MACP whatsoever recommended by the 7th CPC. Then what is the use of upcoming judgement.
ReplyDeleteThe Govt is not ready to give anything to the poor section of the entire working class people. The last pay commission was almost prepared for the upper class employees. The LDC and UDC are good for nothing according to the vision of the govt and those who are in charge of the pay commission. Our supreme court case goes on continuing since the last one year. I think our lawyers are good for nothing. Huge amount has been giving to them. But they are also not capable for solving our problems. The Supreme court also not supporting and not interesting in our case. They are aware of the fact that after the introduction of the 7th pay commission Report no financial benefits are to be given to these poor LDC and UDC staff.
ReplyDeleteGovt not interest to give macp promotional hierarchy. 7cpc also implemented 1.1.2016. Hence no hope. This case is just eye wash.
ReplyDeleteIs there any provision in law which deny the actual demand of employees if the report of next pay commission is implemented. Please inform with past instance.
ReplyDeleteThe MACP rules are vary from pay commission to pay commission. For instance, in 5cpc it was ACP giving for every 12 years and subsequently it was replaced by MACP by 6cpc which is giving for every 10 years. Once new commission commence the rules of earlier commission regarding MACP will no longer exists. Let us see what 7cpc recommendations about MACP will emerge?
ReplyDeleteThe judgement will be implemented from the date of introduction of MACP, i.e., from september 2008. If the court upheld the CAT judgement, that is, MACP must be given in promotional hierarchy and not in mere grade pay hierarchy, then the pay will be refixed by giving promotional hierarchy grade pay. The refixed pay will be taken for calculating 7th CPC revised pay and fixation will be done accordingly. Further, 7CPC is going to abolish grade pay system. If it is true, then MACP cannot be given in grade pay hierarchy, as there will be no grade pay. So.don't worry, justice will not fail. It may take some time but justice will emerge at last.
ReplyDeleteBeing optimistic is good but unable to bear the delay
DeleteWorst judiciary system ........all r surprisingly very fast in case of Salman Khan case........shame! Shame!
ReplyDeleteB.Adhikari.Secretary. CPWDJE Asso.Siliguri
Worst judiciary system ........all r surprisingly very fast in case of Salman Khan case........shame! Shame!
ReplyDeleteB.Adhikari.Secretary. CPWDJE Asso.Siliguri
Transfer Petition(Civil) No.373 of 2015-Narayan Kalitha versus UOI and others and Transfer Petition (Civil)No.377 of 2015-Sanjay Kumar and others versus UOI & Ors are likely to be listed before the Supreme Court of India during the first week of January,2016 as per website of Supreme Court. The case filed by Govt. i.e. UOI & Ors versus Sanjay Kumar and others i.e. W.P.(Civil)No.4662 of 2013 is likely to be listed before the Delhi High Court during the month of February,2016, as per information available on website of Delhi High Court. Now the question is whether the S.L.Ps can be heard and decided without clubbing the cases already under consideration before the Supreme Court. In case the above Transfer petitions are allowed then these cases are also likely to be clubbed with the SLPs already listed on 16.11.2015 before the Apex Court. In this way, early decision of the case is very much in doubt. It will be better if Transfer petitions are withdrawn to enable early disposal of the SLPs in the first week of January,2016 itself and the concerned parties should seriously consider this issue in the interest of lakhs of employees all over the country, who are likely to be benefitted in case the verdict goes against the Government.
ReplyDeleteLet us not give up hope. The present Hon'ble PM is widely considered as decisive and bold. This requires only Executive order. Let someone in PMO or our Union Office bearers bring this to the personal notice of Hon'ble PM. I am sure he will order implementation of MACP on promotional hierarchy. The Govt can then inform court and withdraw the case. Let us hope that someone in PMO is seeing this and bringing it to the notice of Hon'ble PM to correct the injustice done to us. Such a decision will earn the PM and the party lots of goodwill among the Govt staff, especially among the vast Group C and B employees.
ReplyDeleteLet us not give up hope. The present Hon'ble PM is widely considered as decisive and bold. This requires only Executive order. Let someone in PMO or our Union Office bearers bring this to the personal notice of Hon'ble PM. I am sure he will order implementation of MACP on promotional hierarchy. The Govt can then inform court and withdraw the case. Let us hope that someone in PMO is seeing this and bringing it to the notice of Hon'ble PM to correct the injustice done to us. Such a decision will earn the PM and the party lots of goodwill among the Govt staff, especially among the vast Group C and B employees.
ReplyDeleteIt seems that Mr NKumar is dreaming. Hon'ble PM is also happens to be Minister of Personnel also. Associations and confederations have already written to PM and the PM had simply forwarded to Ministry. There is no followup action. Group A and CSS cadre is not affected by MACP. They least bothered about others. Same way, judicial system in india is very much biased.
ReplyDeleteI started by saying let us not lose hope. My friend Mr Anonymous believe that all representations addressed to PM are read by him. As the number of representations received daily are in thousands, it is humanly impossible for the PM to read it. In fact, even VIP letters being received by PM daily will be in few hundreds. The financial implication of implementing MACP in promotional hierarchy is not that much, but an Executive decision taken this time, would generate lot of goodwill for the Government. I am sure if this is somehow brought to Hon'ble PM's or even MOS Personnel's notice would yield positive results. If someone in PMO can do it, let us explore it.
ReplyDeleteAlso, this do affect Group C staff in CSS and other Central cadres like RBSS etc. But, since it mainly affects Group C staff, they have not been effective in highlighting the injustice to those who matter. PMO is manned mainly by CSS staff and it is hoped that some affected individual can at least bring it to the notice of PS to PM or such senior officials and hope they will bring it to personal notice of Hon'ble PM or even MOS Personnel.
ReplyDeleteThe decision on MACP on promotional hierarchy benefits all similarly placed employees in all Ministries and Departments including those in CSS and such cadres like RBSS. The PMO is mainly manned by CSS staff and if some affected staff can at least bring it to the notice of say PS to PM or such senior officials and hope that they will in turn brief Hon'ble PM or even MOS Personnel on this because such a decision at this stage is bound to not only increase morale of those in lower levels of Govt hierarchy, but will generate enormous amount of goodwill for the Govt. Hope someone in PMO is listening.
ReplyDeleteThe decision on MACP on promotional hierarchy benefits all similarly placed employees in all Ministries and Departments including those in CSS and such cadres like RBSS. The PMO is mainly manned by CSS staff and if some affected staff can at least bring it to the notice of say PS to PM or such senior officials and hope that they will in turn brief Hon'ble PM or even MOS Personnel on this because such a decision at this stage is bound to not only increase morale of those in lower levels of Govt hierarchy, but will generate enormous amount of goodwill for the Govt. Hope someone in PMO is listening.
ReplyDeleteI am very desperate with this giving date by date. It seems that government has made a mood for not to implement this macp on promotional herirachy, this is very injustice to all
ReplyDeleteI am very desperate with this giving date by date. It seems that government has made a mood for not to implement this macp on promotional herirachy, this is very injustice to all
ReplyDeleteIs Desh Me Niman Varg Ka Justice Nahi Honewala Hai. Isleay to Govt. Lawyer Ke Khane Per Court Agli date deta hai Kyunki Court me to Govt.dhakal deta he hai. Court to jan he ragha hai Injustice hai, fashila employee ke huk me jayaga.Isleay Govt ne asi tarkib suchhi ki MACP ke case me belamb kiya jay. tab-tak 7th cpc aa jayaga. or subkuchh samapat.
ReplyDeleteWhen MACP was given in next immediate GP we were deceived. Now even the 7th CPC given MACP on promotional hierarchy again i find no big difference. So both ways we are unlucky. But if we win this case we will definitely get a good hike. Lets hope for the best.
ReplyDelete7th cpc given macp promotional hierarchy again. now what happened those who r eligible for first macp (e.g. ldc to udc ) they get level 6 (old gp 4200) it means they were jumping over our scale. so kindly point out this matter to our advocate to justify in supreme court.
ReplyDelete