Agenda for next meeting of the Standing Committee of the National Council JCM: Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade – BPMS
BHARATIYA PRATIRAKSHA MAZDOOR SANGATHAN
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)
CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in
REF: BPMS / MACPS / 64 (7/3/M)
Dated: 05.05.2014
To,
Shri Shiva Gopal Mishra,
Secretary, Staff Side,
National Council JCM,
New Delhi.
Subject: Agenda for next meeting of the Standing Committee
of the National Council JCM: Grant
of MACP benefit to the eligible
employees in the Hierarchy of promotional grade.
Dear Sir,
I have come to know that a meeting of the Standing Committee of the
National Council JCM is scheduled to be held on 07.05.2014 under the
Chairmanship of Secretary (P). Being a constituent of National Council
(JCM) but not of Standing Committee, I would like to submit one of the
issues regarding grant of MACP benefit in the hierarchy of promotional
grade instead of hierarchy of grade pay.
An affected employee had challenged the Government’s decision on
the subject vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that
the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the
prayer of the petitioner and directed the authorities to grant MACP
benefit in the hierarchy of promotional grade. Thereafter, the Union of
India represented by the Secretary, DoP&T appealed to the Hon’ble
High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal
of the DoP&T was subsequently dismissed vide order dated
19.10.2011. The Government thereafter approached the Hon’ble Supreme
Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the
said SLP. In view of the above, the issue now stands settled that
eligible employee needs to be given MACP benefits in the promotional
hierarchy only.
Recently, CAT Principal Bench has issued direction on 12.03.2014 in
OA No. 864/2014 that 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.
Further, your attention is invited to Para 126.5 of 5th Central Pay Commission which reads as under:
Extending judicial decisions in matters of a general nature to all
similarly placed employees. – We have observed that frequently, in cases
of service litigation involving many similarly placed employees, the
benefit of judgement is only extended to those employees who had
agitated the matter before the Tribunal/Court. This generates a lot of
needless litigation. It also runs contrary to the judgment given by the
Full Bench of Central Administrative Tribunal, Bangalore in the case of
C.S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541
of 1991), wherein it was held that the entire class of employees who are
similarly situated are required to be given the benefit of the decision
whether or not they were parties to the original writ. Incidentally,
this principle has been upheld by the Supreme Court in this case as well
as in numerous other judgments like G.C. Ghosh v. UOI, [ (1992) 19 ATC
94 (SC) ], dated 20-7-1998; K.I. Shepherd etc. Accordingly, we recommend
that decisions taken in one specific case either by the judiciary or
the Govt. should be applied to all other identical cases without forcing
the other employees to approach the court of law for an identical
remedy or relief. We clarify that this decision will apply only in cases
where a principle or common issue of general nature applicable to a
group or category of Government employees is concerned and not to
matters relating to a specific grievance or anomaly of an individual
employee.
Contrary to above, DoP&T has replied (letter No. No.
P-26012/5/2011-AT, 19.08.2013 & No. P-13025/11/2014-AT, dated
04.04.2014) under RTI Act that the SLP was dismissed on technical
grounds and not on merit, hence, the Department had decided to implement
the order dated 31.05.2011 of CAT Chandigarh Bench for grant of
financial upgradation in the promotional hierarchy under MACP to Shri
Rajpal on personal basis not to be treated as a precedent
The stand taken by DoP&T is a matter of great concern for the
trade unions as whether Govt of India wants to add 35 Lakh more court
cases filed by each and every Central Government Civilian employees
where the courts are already overloaded and several lakhs of litigants
are waiting for judgment for decades.
You may be agree that the JCM Forum has been evolved for promoting
harmonious relations and securing the greatest measure of cooperation
between the Government, in its capacity as employer, and the general
body of its employees in matters of common concern and increasing the
efficiency of the public service. Hence, it is our moral and legal
responsibility to protect the rights of our fellow members through JCM
forum also.
Therefore, you are requested to add the above agenda point in the
meeting and try your level best to prove the worthy of existence of this
National Council (JCM) by resolving the issue without further delay and
litigations in the interest of employees.
Thanking you.
Yours Sincerely
SADHU SINGH
Member, National Council (JCM) &
Organizing Secretary/BPMS
Source: www.bpms.org.in
[http://bpms.org.in/documents/macp-3-3r71.pdf]
