MACP on Promotional Hierarchy: Latest judgement by Hon'ble CAT Chandigarh
Hon'ble
CAT Chandigarh while disposing the OA No. 1405/CH/2013 & OA No.
1676/HR/2013 has ordered that whatever decision is taken in the pending
Writ Petition/SLP in Hon'ble High Court/Hon'ble Supre Court, Both
Parties would be abide by the same, whatever decision comes first, out
of both cases.
COPY OF THE JUDGEMENT IS PLACED BELOW
Message by Convener, Steering Committee:-
We
invite all the parties, filed cases in various courts and all the
Unions/Association, who are suffering from the anomalous MACP to join us
in the legal fight on grant of MACP on Promotional Hierarchy. The next
date of hearing of SLP at Supreme Court is 16/12/2014. Please hurry!
Join the extended meeting of the Steering Committee at New Delhi on
15/11/2014.
-TKR Pillai, Convener
Steering Committee
Mob No. 9425372172
e-mail: aiams08@gmail.com
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Date of decision -29.10.2014
CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J)
HONBLE MS. RAJWANT SANDHU, MEMBER (A)
O.A No. 1405/CH/2013
1.
Jaswant Singh S/o Sh. Inder Singh aged 56 years, Executive Engineer,
Chandigarh Central Division No. 2, Central Public Works Department,
Chandigarh.
2. Satya Pal Singh Saharan S/o Sh. Shamsher Singh,
Executive Engineer (Electrical) Issar Project Electrical Division,
Central Public Works Department, Sector 7-B, Chandigarh.
BY ADVOCATE: Sh. V.K. Sharma
APPLICANTS
VERSUS
1.
Union of India through the Secretary to Government of India, Ministry
of personnel, Public Grievances and Pensions, Department of Personnel
and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.
RESPONDENTS
BY ADVOCATE: Sh. Sanjay Goyal.
O.A No. 1676/HR/2013
1. Sh. Paramjit Saini, S/o Sh. Dev Raj Saini, Resident of 15/2-C, Rail Vihar, Sector 4, M.D.C. Panchkula.
2. Sh. Joginder Pal Singh, S/o Sh. Rulia Ram, working as EE in the office of Amritsar Central Division CPWD, Amritsar.
3. Sh. Darshan Singh Shaheed, S/o Sh. Bishan Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
4. Sh. Santokh Singh, S/o Sh. Ram Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
5. Sh. Jagjit Singh, S/o Sh. Saudagar Singh, working as AE in the office of Jalandhar Central Circle CPWD, Jalandhar.
6. Sh.Rakesh Kumar, S/o Sh. Madan Lal working as AE in the office of Amritsar Central Division CPWD, Amritsar.
7. Sh. Pritam Singh, S/o Sh. Harbans Singh, Resident of 649, Rishi Nagar, Near Shankar Garden Jalandhar.
8. Sh. Rajinder Kumar Wadhwa, S/o Sh. Arjun Dev Wadhwa, Resident of 341, Sector 25, Panchkula.
9. Sh. Pancham Chander, S/o Sh. Dhani Ram, age 60 years, R/o House No. 1771, Sector 7-C, Chandigarh.
10. Sh. Satish Chander, S/o Sh. Churangi Lal, working as AE in the office of CEN2I, CPWD, Kendriya Sadan, Chandigarh.
11.
Sh. Jai Dev, S/o Sh. Vidya Ram Lal, working as AE in the office of
Chandigarh Central Division, CPWD, Sector -7/B, Chandigarh.
12. Sh. Ashok Kumar, S/o Sh. Verinder Nath R/o Flat No. 410 Arwveli, GHS-36, Sector 20, Panchkula.
13. Sh. Madhav Surup, S/o Sh. Sujraj Parkash, R/o House No. 241, Vivaka Nand Park, Maqsadan, Jallandhar, Pin 144008.
BY ADVOCATE: Sh. K.B.Sharma, Advocate proxy for Sh. D.R. Sharma, counsel for the applicants.
VERSUS
1.
Union of India through the Secretary to Government of India, Ministry
of personnel, Public Grievances and Pensions, Department of Personnel
and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.
RESPONDENTS
BY ADVOCATE: Sh. Sanjay Goyal.
ORDER (ORAL)
HON’BLE MR. SANJEEV KAUSHIK, MEMBER (J):-
Both
the cases involve identical facts and points of law and as such these
have been taken up for final disposal by a common order. For the
facility of convenience, facts have been taken from O.A. No.
1405/CH/2013 titled Jaswant Singh & Anr. Vs. U.O.I etc. This O.A has
been filed by the applicants under Section 19 of the Administrative
Tribunals Act, 1985 seeking the following relief:-
(a) Declare the
provision of para 1 of the letter dated 19.05.2009 and para 2 of the
Scheme to the effect that MACP is to be granted in next higher grade pay
instead of pay band as redundant in view of the law laid by this
Hon’ble Tribunal and as upheld by the Punjab and Haryana High Court in
the case of Raj Pal Vs. Union of India and which has since been
implemented by the concerned Department.
(b) Quash the action of
respondents in not fixing pay of the applicants, while granting 3rd
Financial upgradation under MACP, in the promotional pay band + grade of
Superintending Engineer i.e. Rs. 37400-67000 + Grade Pay of Rs. 8700/-
and instead fixing their pay only in next grade pay of Rs. 7600/- in the
Pay Band of Executive Engineer is illegal, arbitrary, discriminatory
harsh, void at initio and violative of provisions of Article 14 and 16
of the Constitution of India and cannot be sustained in eyes of law more
so in view of decision taken in Raj Pal’s (supra).
(c) Issue
direction to the respondents to fix the pay of applicants on grant of
3rd Financial upgradation in PB of Rs. 37400-67000 + Grade Pay of Rs.
8700/- i.e. of higher post of Superintending Engineer from due date with
all the consequential benefits of arrears of pay and allowances with
interest thereon @ 12 % from the date of actual payment and cost of the
present petition.
(d) Any other order or direction deemed fit and
proper in the facts and circumstances of the case to which the
applicants are held entitled to may also kindly be issued in their
favour.
2.
On the commencement of hearing, learned counsel for the applicants
submitted that a similar controversy with regard to the grant to MACP,
as raised in the instant O.A. has already been put to rest by this
Tribunal in the case of Raj Pal Vs. Union of India and Ors. as upheld by
the jurisdictional High Court. Subsequently, in case of Babu Ram and
Others Vs. U.O.I & Ors and in case of Tilak Raj Sharma & Ors.
Vs. U.O.I. decided on 19.12.2013., this Tribunal had allowed the O.As on
the basis of the decision rendered in case of Raj Pal (supra) but both
these cases are pending for final adjudication before the higher courts.
The former case is pending before the Hon’ble Supreme Court in SLP
No.10435/2014 wherein impugned judgment dated 07.11.2014 passed by the
Hon’ble High Court in CWP No. 24279/2013, has been stayed and the latter
case is pending before the Hon’ble jurisdictional High Court. He
submitted the present O.A may be disposed of in the terms that whatever,
decision is taken in the pending Writ Petition and SLP in above cases,
both the parties would abide by the same.
3. Sh. Sanjay
Goyal, learned counsel for the respondents did not object to the
disposal of the present O.A in the requested manner.
4.
Considering the consensual agreement arrived between the parties and the
aforementioned position that similar issue is pending before the
highest Court, at this stage, we dispose of the present O.A with an
understanding as reached between the parties that whatever decision is
taken by the Hon’ble Supreme Court/ Hon’ble High Court in pending
petitions, the parties would be abide by the same, whatever decision
comes first, out of both cases.
5. With the observations and directions as above, these O.As stand disposed of with no orders as to costs.
(SANJEEV KAUSHIK)
MEMBER (J)
(RAJWANT SANDHU)
MEMBER (A)
Dated: 29.10.2014
Source: http://aiamshq.blogspot.in/2014/11/macp-on-promotional-hierarchy-cat.html