Granting of Grade Pay hierarchy to UDC to the next promotional post of Assistants - Ministerial Staff Association
Secretary
General of Ministerial Staff Association writes a detailed letter to
the Secretary of Department of Science and Technology regarding the
discrepancies in implementation of MACP Scheme to the ministerial staff
working in the department of Survey of India.
Particularly the
Upper Divisional Clerk (UDC) may be granted 4200 Grade Pay under the
MACP Scheme to next promotional post of Assistant…
The detailed
letter has been uploaded in the official blog of Ministerial Staff
Association, for your ready reference we have reproduced and given
below…
GRANT OF THE BENEFITS
UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER MINISTERIAL STAFF OF
SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL GRADE – REQUEST FOR.
MINISTERIAL STAFF ASSOCIATION
SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN
C/o NPG, Hathibarkala Estate, Dehradun-248 001
No.CHQ- 31 /MSA/2013
Dated 14 -8-2013
To
The Secretary to the Government of India,
Department of Science and Technology,
(Ministry of Science and Technology)
Technology Bhawan, New Mehrauli Road, New Delhi-110 016.
(Through the Surveyor General of India)
SUB: GRANT
OF THE BENEFITS UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER
MINISTERIAL STAFF OF SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL
GRADE – REQUEST FOR.
Sir,
With due respect, I
would like to submit the following few lines on the subject for favour
of your kind consideration and necessary action:-
1) That the
Ministerial Staff of Survey of India are recruited to the post of Lower
Division Clerk (LDC) in the then pay scale of Rs.950-1500. The said pay
scale was revised to Rs.3050-4590 w.e.f. 1-1-1996 in terms of the Fifth
CPC. The said pre-revised pay scale was revised to Pay
Band-1(Rs.5200-20200)+Grade Pay Rs.1900 w.e.f. 1-1-2006 in terms of the
Sixth CPC.
2) That as per the provisions contained in the
Recruitment Rules for the Ministerial Staff, the LDCs are eligible to be
promoted to the post of UDC on completion of 8 years regular service by
DPC (1s promotion). It is also provided in the said Rules that the LDCs
can be promoted to the post of UDCs after completion of 3 years regular
service subject to passing of the 25% the Limited Departmental
Competitive Examination for promotion to the post of UDCs (1st
Promotion). Accordingly, the LDCs are promoted to the post of UDCs by
DPC/LDCE in the pay scale of Rs.4000-6000.
3) That it is also
provided in the said Recruitment Rules of Ministerial Staff that UDCs in
the pay scale of Rs.4000-6000 shall be eligible for promotion to the
post of Assistants by DPC (2nd promotion) in the pay scale of
pre-revised Rs.5000-8000 (previous pay scale Rs.1400- 2300) after 5
years service as UDC.
4) That it is also provided in the
Recruitment Rules of Ministerial Staff that Assistants in the pay scale
of Rs.5000-8000 shall be eligible for promotion to the post of Office
Superintendent (Rs.5500-9000) by DPC (3rd promotion) after 3 years
service as Assistant. But due to lack of appropriate promotional ratio,
the incumbents are not granted promotion within the prescribed residency
period and hence are stagnating in the same post. The Hierarchy Chart
for the Ministerial Staff in Survey of India is annexed as Annexure-1
for your ready reference please.
5) That it is submitted that
based on the recommendations of the Fifth CPC, Government of India
introduced the Assured Career Progression Scheme (ACP Scheme) under
DoP&T’s OM No.35034/3/97-Estt. (D) dated 9-8-1999. The main
objective of the Scheme was to deal “with the problem of genuine
stagnation and hardships faced by the employees due to lack of
promotional avenues”. In said Scheme, it was provided for grant of two
financial upgradations in the promotional hierarchy of the cadre on
completion of 12 and 24 years of service respectively, counted from the
direct recruitment grade. The said benefits under the ACP shall be
applicable w.e.f. 9-8-1999.
6) That at the time of the
introduction of the ACP Scheme, there was an acute stagnation in the
LDC, UDC and other cadres in the Ministerial Staff. Accordingly, most of
the LDCs were granted 1st ACP in the next hierarchical grade i.e. in
the pay scale of Rs.4000-6000 w.e.f. 9-8-1999 or on completion of 12
years. A number of LDCs and UDCs were also granted 1st and 2nd ACP in
the 1st and 2nd promotional grade i.e. in the pay scale of Rs.4000-6000
and Rs.5000-8000 (Pre-revised pay scale of Assistant) respectively
w.e.f. 9-8-1999 or on completion of 24 years of service.
7) That
the Govt. of India implemented the recommendations of the Sixth CPC
under Ministry of Finance’s Notification No.F.No.1/1/2008-IC dated
29-8-2008 effecting from 1-1-2006 and accordingly LDC. UDC, Assistant,
Office Superintendent and Establishment & Accounts Officers were
placed in the pay structure furnished as under:-
| Sl. No. | Name of post | Pay scale as per Fifth CPC | Minimum service for promotion to next grade | Pay scale as per Sixth CPC |
| 1 | LDC | Rs.3050-4590 | 8 | Pay Band-1(Rs.5200-20200)+Grade Pay Rs.1900 |
| 2 | UDC | Rs.4000-6000 | 10 | Pay Band-1(Rs.5200-20200)+Grade Pay Rs.2400 |
| 3 | Assistant | Rs.5000-8000 | 5 | Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200 |
| 4 | Office Superintendent | Rs.5500-9000 | 3 | Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200 |
| 5 | Establishment & Accounts Officer | Rs.7550-11500 | - | Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4600 |
8)
That the Govt. of India also issued orders regarding revised ACP Scheme
i.e. Modified ACP (MACP in short) under DoP&T’s OM
No.35034/3/2008-Estt. (D) dated 19-5-2009 for the Central Govt. Civilian
Employees replacing the existing ACP Scheme with two financial upgradations in the hierarchy of the promotional grade on completion of 12 and 24 years of service counted from the direct entry grade to three financial upgradations
on completion of 10, 20 and 30 years counted from the direct entry
grade in the hierarchy of grade pay under MACP. As per the aforesaid
orders, the benefit under the MACP is applicable from 1-9-2008.
9)
That the Surveyor General’s Office has decided to grant MACP to the
Ministerial staff keeping the pay structure of LDC as
PB-1(Rs.5200-20200)+Grade Pay Rs.1900 in view as entry grade pay
structure and contended to grant the First, Second and Third MACP in the
pay structure of PB-1 (Rs.5200-20200)+Grade Pay Rs.2000,
PB-1(Rs.5200-20200)+Grade Pay Rs.2400 and PB-1(Rs.5200-20200)+Grade Pay
Rs.2800 after completion of 10, 20 and 30 years of service as LDC/UDC
respectively. As such, the said decision is detrimental to the interest
of the cadre and discriminatory in nature.
10) That the following
table shows how the benefits under MACP Scheme is less advantageous
because of the fact that the MACP is granted in the hierarchy of the
successive grade pay than the erstwhile ACP Scheme to the Ministerial
Staff which was granted in the promotional hierarchy. An extract of the
same is furnished hereunder :-
| Sl.No. | Entry Grade /
Pay scale | 1st Promotion /
1st ACP /
Pay scale (12 Years) | 2nd Promotion /
2nd ACP /
Pay Scale (24 years) | - | Remarks |
| 1. | LDC (Entry Grade)
Rs.3050-4590
Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900 | UDC
Rs.4000-6000
Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400 | Assistant
Rs.5000-8000
(Revised PB-2(Rs.9300-34800)+ Grade Pay Rs.4200 | - | Advantageous |
| 1. | LDC (Entry Grade)
Rs.3050-4590
Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900 | 1st MACP
(10 Years)
Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2000 | 2nd MACP
(20 Years)
Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400 | 3rd MACP
(30 Years)
Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2800 | Less
Advantageous |
11)That
it is found that the LDCs/UDCs who have completed 24 years service as
on 31-8- 2008 (before the cut-off date of 1-9-2008), were have been
granted the benefits of 2nd ACP in the pay scale of Rs.5000-8000. As
such, these UDCs have been placed in the revised pay structure of PB-2
(Rs.9300-34800) + Grade Pay Rs.4200, the UDCs who have not got the 2 nd
ACP prior to 31-8-2008 have been placed in PB-1(Rs.5200-20200)+Grade Pay
Rs.2800 towards 2nd MACP and thus deprived of the said benefits without
any justified reason. A tables showing the discrimination meted out to
the incumbents in UDCs is furnished hereinunder :-
| Sl. No. | Entry Grade /
Pay scale
Fifth CPC | 1st Promotion /
1st ACP /
Pay scale (12 Years)
(Fifth CPC) | Replacement
Pay structure
by the Sixth CPC | 2 nd Promotion /
2nd ACP /
Pay Scale (24 years)
(Fifth CPC) | Replacement
Pay structure
by the Sixth CPC |
| 1. | LDC
Rs.3050-4590 | UDC
Rs.4000-6000 | UDC
PB-1 (Rs.5200-20200) +
Grade Pay Rs.2400 | Assistant
Rs.5000-8000 | PB-2(Rs.9300-34800) +
Grade Pay Rs.4200 |
12)That
further,UDCs have been granted 2nd Financial upgradation under the MACP
Scheme Surveyor General’s Office under No.C-
1553_/1902-MACP-Ministerial(II) dated 8.3.2011 in the pay structure of
PB-1 (Rs.5200-20200)+Grade Pay of Rs.2800 instead of granting the same
in the PB-2 (Rs.9300-34800) +Grade Pay Rs.4200 which the next
promotional grade (Assistant) w.e.f. 1-9-2008 or on completion of 20
years service counted from the direct recruitment grade (Entry date).
13)
That in the mean time, a point was raised in the National Council (JCM)
for grant of MACP in the hierarchy of promotional grade instead of
hierarchy of the grade pay. After thread bare discussion in the Joint
Committee of the National Council (JCM), it was decided that the
Cadre/Department may represent for grant of the MACP or ACP Scheme
which shall be beneficial to the incumbents in that cadre. The
decision, in this regard, was taken in the Second Meeting of the Joint
Committee on MACP held under the Chairmanship of Joint Secretary (E),
DoP&T on 15-9-2010. The same was circulated under GOI. DoP&T’s
OM No.11/1/2010-JCA dated 6-10-2010. An extract from the decisions on
item No.1 – Provide Grade Pay of the Next Promotional Post under MACP.
As item No.1, 3, 8, 9, 29 & 46 are similar, it was decided to club them together.
After
detailed discussions on the issues, it was decided that Para 13 of
MACPS shall be revised to the effect that Organizations / Cadres shall
have the option to choose either the ACP Scheme or the MACP Scheme.
Individual options, however, cannot be permitted.
14)
That thereafter, the Third Meeting of the Joint Committee on MACP was
held on 15-3-2011 and discussed the issue in the agenda item No.1,3,8,9
and 29 inter alia on Grant of Financial upgradation in the promotional
hierarchy instead of Grade Pay hierarchy under MACP. An excerpt of the
Minutes / decisions of the same circulated under DoP&T’s OM
No.11/1/2010-JCA dated 20-4-2011 is furnished hereunder:-
“
The Staff side reiterated their demand that the financial upgradation
under the MACP Scheme should be granted in the promotional hierarchy of
posts instead of Grade Pay hierarchy. The Staff Side stated that the
erstwhile ACP Scheme was implemented on the recommendation of the 5th
CPC and , as such, has become a part of the service conditions of the
employees. The Staff Side, therefore, contended that the Government
cannot impose the MACP Scheme thereby altering the service conditions to
the detriment of the employees.
The
Official Side stated that the 6th CPC recommended two financial
upgradations in the Grade Pay hierarchy. However, the Government
improved upon the recommendations of the 6th CPC and has implemented
MACP Scheme with three financial upgradations in the Grade Pay hierarchy
after 10, 20 and 30 years. Referring to earlier discussions held in the
matter, the Official Side stated that the Government was willing to
consider revision in para 13 of MACP Scheme to the effect that
organizations/cadres shall have the option either to choose the ACP
Scheme or the MACP Scheme. However, the Staff Side pointed out that such
a dispensation will not be practical and hence there is a need to
explore other alternatives to solve the issue. After discussion, it was
agreed that there is no need to change basic structure of MACP Scheme.
However, there is need to separately examine those cases where MACP
Scheme is less advantageous than the ACP Scheme. Accordingly, it was
decided that the Official Side will write to the Ministry of Railways,
Defence, Urban Development, Home and the Department of Posts to forward
the information in respect of the specific categories of employees where
the MACPS is less advantageous than the erstwhile ACP Scheme. The
Official Side also requested the Staff Side to collect and forward such
information to the Department of Personnel and Training for further
necessary action…”
15) That
then, the point was again discussed in the Joint Committee on MACP held
on 27-7- 2012. An extract of the Minutes of the said meeting on the
agenda item No.1 Grant of MACP in the promotional hierarchy, is
furnished hereunder:-
1. Grant
of MACP in the promotional hierarchy.- “…. The Staff side stated that
the employees who were in service prior to 1-1-2006 had the right to
retain first two financial upgradations in the promotional hierarchy and
the Government cannot alter the existing services conditions adversely.
The Official side, however, sated that since MACPS is in supersession
of earlier ACP Scheme, this cannot be agreed to. The Staff Side insisted
that at least option be given to individual employees in this regard to
facilitate him/ her to opt either ACP or MACP for availing benefit of
financial upgradation. The Staff Side was insistent that either MACPS
should be in promotional hierarchy or individual options should be given
to the employees.
The
Official Side stated that it was not possible to agree to individual
options and if they have any alternate suggestions, the Staff Side could
come back with them.”
16) That thereafter, the further progress in the matter is not known.
17)
That it is learnt that one employee named Raj Pal of CAT, Chandigarh
designated as Photo copier, approached the Hon’ble CAT, Chandigarh Bench
for grant of MACP in the hierachy in the anology of a similar post of
Hindi Typist and filed OA No.1038/CH/2010 in the case of Raj Pal
Vs.Union of India representaed by the Department of Personnel and
Training and others. The Hon’ble CAT, Chandigarh in the order dated
31-5-2011 allowed the aforesaid OA and accordingly the said employee was
granted MACP in the hierarchy of the promotional post of the comparable
cadre i.e. Hindi Typist. Extracts of the aforesaid judgement of the
Hon’ble CAT, Chandigarh is furnished as under:-
“13.
It has been settled that the ACP would be granted on the completion of
the required years of service in the hierarchy of posts for the posts of
LDC/Hindi Typist, and not in the next higher scale in the recommended
scales. The same principle would have to be applicable in regard to
grant of MACP to the applicant. The only difference is that while in
case of ACP two financial upgradations were granted on completion of 12
and 24 years of service, in case of MACP, three upgradations on the
intervals of 10, 20 and 30 years of service.
15. Be that as it
may, the principle enuniciated and settled by the Tribunal / High Court
for grant of ACP cnnot be changed and the same principle would apply for
grant of MACP to him. The only difference is of number of years is
required to be completed. We find no justification to take a different
view in the matter.
16. For the foregoing reasons, the impugned
order dated 9-8-2010 (Annexure A-1) qua the applicant, fixing his pay in
PB-1 with grade pay of Rs.2400/- under the second MACP, and the order
dated 9-8-2010 (Annexure A-2) are hereby quashed and set aside.
Consequently, the respondents are directed to grant second financial
upgradation to the applicant under the MACPS from due date fix his pay
in the hierarchy of posts decided in his case earlier and to pay the
resultant arrears without interest within a period of 2 months from the
date of receipt of a copy of this order….”
18)
That thereafter, the Union of India represented by the Secretary,
Department of Personnel and Training and others approached the Hon’ble
High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011
(O&M). The Hon’ble High Court of Punjab and Haryana at Chandigarh,
in the order dated 19-10-2011, dismissed the CWP and issued orders at
page 5 and 6 of the same, which reads as under:-
“…
An order adversely affecting an employee in terms of grant of financial
upgradations had already been passed which entailed civil consequences
and as such CAT has rightfully proceeded to adjudicate for the
petitioners to the effect that the earlier scheme of ACP stood
superseded by MACP Scheme is being noticed only to be rejected. The
entire objective of introduction of ACP/MACP Scheme is to alleviate
stagnation as regards an employee who has a number of regular years of
service on the same post without any avenue of promotion. It is such
circumstances that a financial incentive is sought to be granted to an
employee upon completion of a certain number of years of service on the
same post. Under the ACP Scheme of 1999, the financial upgradations were
to be granted upon completion of 12 years and 24 years of regular
service whereas under the MACP Scheme such financial upgradations are
envisaged upon completion of 10, 20 or 30 years of service, the
contention raised on behalf of the petitioners if accepted would defeat
the very objective for which such Schemes have been introduced.”
“We find no infirmity in the order dated 31-05-2011 passed by CAT in OA No.1038/CH of 2010. The petition stands dismissed.”
19)That
then the Union of India represented by the Secretary, Department of
Personnel and Training and others approached the Hon’ble Supreme Court
by way of filing SLP (SLP No.cc 7467/2013) challenging the order dated
19-10-2011 in CWP No.19387 of 2011 of the Hon’ble High Court of Punjab
and Haryana at Chandigarh. The Hon’ble Supreme Court has dismissed the
aforesaid SLP in the order dated 15-4-2013.
Photo copies of the aforesaid Court orders are enclosed herewith as Annexure-2 for favour of your kind perusal please.
20)That
in the meant time, one Sanjay Kumar, UDC and 18 other UDCs of the
Central Government under the Ministry of Defence who are in the pay
structure of PB-1(Rs.5200- 20200)+Grade Pay Rs.2400 have approached the
Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 with the
prayer for grant of 2nd MACP in the hierachy of promotional post i.e.
Assistant in the PB-2 (Rs.9300-34800)+Grade Pay Rs.4200. The Hon’ble
CAT, Principal Bench, New Delhi, in the order dated 26-11-2012, in the
aforesaid OA relied upon the decision dated 19-10-2011 passed by the
Hon’ble High Court of Punjab and Haryana at Chandigarh and in CWP
No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and
another) and the order dated 31-5-2010 passed by the Hon’ble CAT,
Chandigarh Bench in OA No.1038/CH/2010, allowed the OA and issued orders
as under :-
“7. In our considered view,
the present OA is squaely covered by the aforesaid judgement of
Chandigarh Bench, as upheld by the Hon’ble High Court of Punjab and
Haryana at Chandigarh.
8. In fact, the respondents have wrongly
interpreted the terms and conditions mentioned in the MACP Scheme,
issued by the Deptt. Of Personnel and Training, in the case of the
applicants. By the said Scheme, 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 scale of pay as per the recommendations of the 6th Pay
Commission. In the hierarchy, after the scale of UDC the next scale is
that of Assistant. Therefore, the respondents should have given the next
higher grade pay and pay band attached to the next promotional post in
the hierarchy, namely,the Assistants carrying the pay scale of
Rs.9300-34800 and the grade pay of Rs.4200.
9. In view of above
position, the OA is allowed. The respondents are directed to grant scale
of pay of Rs.9300-34800 with grade pay of Rs.4200 attached to the said
promotional post of Assistant / OS from the due date to the applicant.
10.
The aforesaid direction shall be complied with within the period of two
months from the date of receipt of a copy of the order, subject to the
other conditions mentioned in the MACP Scheme.”
A
photo copy of the aforesaid order dated 26-11-2012 issued by the
Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 in case of
Sanjay Kumar, UDC and 18 others is enclosed herewith as Annexure-3 for
your ready reference please.
21)
That the UDCs and other Ministerial Staff in Survey of India are
similarly situated with the applicants of the aforesaid OAs in the
matter of grant of MACP in the hierarchy of promotional post as such the
MACP in case of UDCs and other Ministerial Staff may kindly be
considered in the light of the spirit contained in the aforesaid
judicial pronouncements which has attained its finality.
2.
In view of the facts and circumstances submitted above, it is
respectfully requested that necessary orders may kindly be issued to
grant of the benefits of financial upgradations under MACP to LDC, UDC
and Assistant etc. in their respective promotional hierarchy from their
due date in the light of the decision passed by the Hon’ble CAT,
Principal Bench, in the order dated 26- 11-2012 in OA No.904/2012 in
case of Sanjay Kuamr, UDC and others Vs. Union of India and others read
with the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh
Bench in OA No.1038/CH/2010 the order dated 19-10-2011 upheld by the
Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387
of 2011 (O&M) (Union of India and others Vs. Raj Pal and another)
and order dated 15-4-2013 passed by the Hon’ble Supreme Court in SLP
No.cc- 7467/2013 in this regard, in which act of your kindness, I shall
be ever grateful to you.
Thanking you,
Yours faithfully,
( MANOJ KUMAR SHARMA )
SECRETARY GENERAL MINISTERIAL STAFF ASSOCIATION
Annexure-1
HIERARCHY CHART OF MINISTERIAL STAFF IN SURVEY OF INDIA
ESTABLISHMENT & ACCOUNTS OFFICER
Gp.B-(GAZETTED) – 29
Pay scale Rs.2375-3500 (Fourth CPC)
Pre-revised pay scale Rs. 7450-11500 (Fifth CPC)
Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4600 (Sixth CPC)
(4th Promotional Grade)
|
↑
OFFICE SUPERINTENDENT
Gp.B-(NON-GAZETTED) – 69
Pay scale Rs.1640-2900 (Fourth CPC)
Pre-revised pay scale Rs. 5500-9000 (Fifth CPC)
Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4200 (Sixth CPC)
(3RD Promotional Grade) |
ASSISTANT /HEAD CLERK
Gp.B-(NON-GAZETTED) – 286
Pay scale Rs.1400-2300 (Fourth CPC)
Pre-revised pay scale Rs. 5000-8000 (Fifth CPC)
Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4200 (Sixth CPC)
(2ND Promotional Grade) |
↑
UPPER DIVISION CLERK (UDC)
Gp.C-(NON-GAZETTED) – 545
Pay scale Rs.1200-2040 (Fourth CPC)
Pre-revised pay scale Rs. 4000-6000
(Fifth CPC) Revised PB-1(Rs.5200-20200)+Grade Pay of Rs.2400 (Sixth CPC)
(1st Promotional Grade) |
↑
LOWER DIVISION CLERK (LDC)
Gp.C-(NON-GAZETTED) – 235
Pay scale Rs.950-1500 (Fourth CPC)
Pre-revised pay scale Rs. 3050-4590
(Fifth CPC) Revised PB-1(Rs.5200-20200)+Grade Pay of Rs.1900 (Sixth CPC)
(Entry Grade)
|
MINISTERIAL STAFF ASSOCIATION
SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN
C/o NPG , Hathibarkala Estate, Dehradun-248 001
No.CHQ- /MSA/2013
It is learnt about the contents of decision dated 26-11-2012 passed by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 between Sanjay Kumar, UDC and 18 others Vs. Secretary, MOD and 2 others
for grant of MACP in the hierarchy of the promotional post. On perusal
of the same, it is found that the aforesaid judgement was relied upon
the decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 in the case of Rajpal S/o Tilak Ram Vs. UOI and others
issued orders for grant of MACP in the hierarchy of the promotional
post. The Hon’ble High Court of Punjab and Haryana at Chandigarh in
their order dated 19-10-2011 in CWP No.19387/ 2011 has upheld the
aforesaid decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench.
I have received the copies of the aforesaid CAT, Chandigarh and High
Court orders along with order dated 15-4-2013 on SLP No.cc-7467/2013
passed by the Hon’ble Supreme Court of India and the gist of these Court
decisions are furhished as under:-
Sl. No.
|
OA No./ CWP No.
|
Parties
|
Date of Order
|
Name of Court
|
Remarks
|
1
|
OA No.1038/CH/2010
|
Raj Pal s/o Tilak Ram, Photo Copier in CAT, Chandigarh.
|
31-5-2011
|
CAT, Chandigarh
|
OA is allowed for grant of MACP in the hierarchy of promotional post.
|
2
|
CWP No.19387 of 2011 (O&M)
|
Union of India represented by DoP&T and others Vs. Raj Pal and another.
|
19-10-2011
|
High Court of Punjab and Haryana at Chandigarh
|
Order dated 31-5-2011 of Hon’ble CAT, Chandigarh is upheld. CWP filed by Respondents dismissed.
|
3
|
SLP No.cc-7467 of 2013 against order dated 19-10-2011 of the Hon’ble High Court
|
Union of India represented by DoP&T and others Vs. Raj Pal and another.
|
15-4-2013
|
Supreme Court of India
|
SLP filed by the Union of India is dismissed.
|
4
|
OA No.904/2012
|
Sanjay Kumar, UDC and 18 others Vs. UOI represented by Ministry of Defence and others.
|
26-11-2012
|
CAT, Principal Bench, New Delhi.
|
OA is allowed for grant of MACP in next promotional post i.e. Assistant in PB-2+Grade Pay Rs.4200.
|
2.
Accordingly, model draft representation addressing to the SG which was
prepared by Com. P.K. Das, Secretary, Bhubaneshwar Branch & Dy.Secy
General(CHQs) should be submitted by the UDCs preferably who are having
10 years of service as UDC or total 20 years service as LDC and UDC for
consideration and grant of MACP in hierarchy of the promotional post
i.e. pay structure of Assistant. In case of UDC having lesser service,
they may also submit the representation with modifications. You are
requested to arrange in submitting the same to the authorities through
proper channel and intimate the same to me for information and further
action.
3.
In this connection you are also requested to kindly visit our website
to know the content of my letter written to DST in the matter for your
information.
4.
In the mean time, we have discussed the matter with Com. S.K. Vyas,
Member National Council (JCM) and Member of the Joint Committee on MACP
and requested him to take up the issue with DoP&T / in next meeting
of Joint Committee on MACP which is likely to be held during September,
2013.
[http://www.msasoi.com/PDFS/MACP_letter%20to%20DST%20by%20MSA.pdf]
