Court Verdict regarding grant of MACP on Hierarchy:
3 In our considered view, 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. The respondents, therefore, should have considered the representations of the applicants on merits.
3 In our considered view, 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. The respondents, therefore, should have considered the representations of the applicants on merits.
4. In view of the above position, we dispose of this OA
at the admission stage itself with the direction to the respondents
to consider the representations of the applicants in the light of
the judgement of Punjab and HaryanaHigh Court in CWP
No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC)
No.7467/2013(supra) and decide their cases under intimation to them. The
aforesaid exercise shall be completed within a period of one month from the
date of receipt of a copy of this order. There shall be no order as to costs.
Full Details of CAT Order in OA No.
864/2014
Central Administrative Tribunal - Delhi
Shri Om Prakash vs Secretary (Ncert) on 12
March, 2014
Principal Bench, New Delhi
O.A. No.864/2014
Wednesday, this the 12th Day of March of
2014
Hon ble Mr. G George Paracken, Member (J)
Hon ble Mr. Shekhar Agarwal, Member (A)
1. Shri Om
Prakash
S/o Sh. Naidar Singh
R/o 3/76, NCERT Campus
NCERT, Sri Aurobindo Marg, New Delhi-16
2. Shri Sunil
Kumar
S/o Shri Mehkaar Singh
R/o 30/9-A, Hari Om Gali No.1
Babar Pur, Shahadara, Delhi 110032
3. Shri
Prakash Veer Singh
S/o Shri Jai Singh
R/o M-2618, Gali No.8
Bihari Colony, Shahadra
Delhi-32.
.Applicants
(By Advocate: Shri M.K. Bhardwaj)
VERSUS
1. Secretary
(NCERT)
Sri Aurobindo Marg
New Delhi 110016.
2. The
Secretary
Ministry of Human Research & Development
Shastri Bhawan, New Delhi.
3. The
Secretary
DOP&T
North Block, New Delhi. ..Respondents
(By Advocate: Shri Anand Nandan)
Order (Oral)
Shri G. George Paracken:
The applicants in this Original Application are
aggrieved by the alleged, arbitrary and discriminatory action of the
respondents in not giving them the pay scale of Rs.9300-34800 with grade pay of
Rs.5400/- as given to similarly placed persons/counterparts who were appointed
as Production Assistants by following the same method
ofrecruitment and the same rules as applicable to them. They have,
therefore, made several representations to the Respondents to grant them
also the same benefits. In response to their last representation dated
19.09.2013, the Respondents have issued the impugned Office Memorandum dated
26.11.2013. Both the said representation and Office Memorandum are reproduced
as under:- To
The Under Secretary
E-III Section
NCERT, New Delhi.
Subject: Grant of MACP on
Promotional Hierarchy.
Sir,
Kindly acknowledge my correspondence(s) dated 23.09.2010,
7.2.2011, 1.3.2011 & 15.6.2011.
Now, the Hon ble Supreme Court has dismissed the
Petition(s) for Special leave to Appeal (Civil) (CC 7467/2013) filed by the
Government, and upheld the judgement passed by the Punjab and Haryana High
Court in CWP No. 19387/19.10.2011 and Hon ble CAT, Principal Bench, New
Delhi in OA No.904/2012 dated 26.11.2012. Hon ble CAT, Chandigarh Bench, in OA
No.1038/CH/2010 dated 31.05.2011 and has issued the following Order on dated
14.09.2013.
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 pay
scale of pay as per the recommendations of the 6th Pay Commission.
(Copy of all the Orders from Supreme Court/High
Court are enclosed herewith for reference.)
In my earlier correspondences, I have already mentioned that
my other colleagues have been placed in their next attached grade of Rs.5400/-
after grade pay of Rs.4,200/- i.e. the promotional hierarchy of a Production
Assistant lies in the next grade pay of Rs.5,400/-. (This has already been
explained in detail in my earlier correspondences.)
Accordingly, I also represent my case that I too be placed in
my next attached promotional hierarchy, which is Rs.5400/- and not Rs.4,600/-
(as recommended in the 6th Pay Commission). Since the said post of Production
Assistant is next attached to their promotional hierarchy Rs.5400/- which is an
Assistant Production Officer Grade (Promotional hierarchy).
Establishment Section is requested to kindly grant me
the next promotional hierarchy grade pay of Rs.5,400/- as per the Order of Hon
ble Supreme Court dated 14.09.2013, which is explained above.
Thanking you,
Yours faithfully,
(Om Prakash)
Production Assistant
Publication Division (PW)
No.F.14-3/2011-E.III/MACP(Pt.)
National Council of Educational Research & Training
Sri Aurobindo Marg, New Delhi 110016
-------
New Delhi, the 26th November, 2013
Office Memorandum
Reference his application dated 19th September,
2013 for grant of
financial upgradation in the promotional hierarchy as per the judgement of
Punjab and Haryana High Court in CWP No.19387 of 2011 and upheld by
theSupreme Court in SLP (CC 7467/2013) and not in the next higher pay as
per 6th Central Pay Commission s recommendation.
No clarification/circular for compliance of the said
judgement is received from DOP&T till date. Hence, his request
for grant of
financial upgradation under MACPS in the hierarchical post as per the judgement
cannot be acceded to.
This issue with the approval of the Competent Authority.
(S.D. Singh)
Under Secretary, E.III
Shri Om Prakash,
Production Assistant
Publication Division, NCERT.
2. The
applicants have, therefore, filed this OA seeking the following reliefs:-
(a) To declare the action of the
respondents in not granting the scale of Rs.9300-34800 (PB-2) with Grade Pay of
Rs.5400 as given to similarly placed persons to the applicants as illegal and
arbitrary.
(b) To direct the
respondents to grant scale of Rs.9300-34800 with Grade Pay of Rs.5400 as 1st
financial upgradation to the applicants under MaCP from due date with
all arrears of pay.
(c) To declare the
OM/MACP dated 19.05.2009 as unconstitutional to the extent the same deny the
next promotional scale attached to the promotion post as 1st, 2nd & 3rd
financial upgradation as illegal, arbitrary and unjustified.
3. In our
considered view, 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. The respondents, therefore, should have considered the representations of
the applicants on merits.
4. In view of
the above position, we dispose of this OA at the admission stage
itself with the direction to the respondents to consider the representations of
the applicants in the light of the judgment of Punjab and HaryanaHigh
Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC)
No.7467/2013(supra) and decide their cases under intimation to them. The
aforesaid exercise shall be completed within a period of one month from the
date of receipt of a copy of this order. There shall be no order as to costs.
( Shekhar Agarwal) ( G. George Paracken )
Member(A) Member (J)
Source: http://www.indiankanoon.org/doc/9966335/
Bharatiya Pratiraksha Mazdoor Sangh has also requested to Min of Defence for grant of MACP on hierarchy:-
BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE
WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT.
OF INDIA)
REF: BPMS / MACPS / 64 (7/3/M)
Dated: 31.03.2014
To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011
Subject: Grant of MACP benefit to the eligible employees in
the hierarchy of promotional grade: Compliance of CAT Principal Bench Directive
on 12.03.2014 in OA No. 864/2014.
Respected Sir,
With due regards, I would like to draw your kind attention on
the subject wherein the issue of grant of MACP benefit in the hierarchy of
promotional grade instead of hierarchy of grade pay is being demanded &
discussed by this Federation at every forum.
It has now been brought to our notice that an affected
employee had challenged the Government’s decision ongrant of MACP benefit
in the hierarchy of promotional grade 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.
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.
In view of the above, the issue now stands settled that
eligible employee needs to be given MACP benefits in the promotional hierarchy
only.
As such, you are requested to kindly issue necessary
directives to all units under your jurisdiction to implement the same
immediately.
Thanking you.
Sincerely yours
sd/-
(MUKESH SINGH)
Secretary
Source : BPMS
Courtesy : http://karnmk.blogspot.in/
