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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
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Read more...
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Delhi HC refuses to stay functioning of Seventh Pay Commission
New Delhi: The Delhi High Court on Tuesday declined to stay the
functioning of the Seventh Pay Commission while hearing a plea that
challenged a notification on inclusion of a former IAS officer as a member of
the panel.
Justice Sudershan Kumar Misra also issued notice to the central
government on the plea filed by retired members of the all India Services,
central civil services and armed forces against the government's February 28
notification constituting the commission.
The petitioners argued that inclusion of a former Indian
Administrative Service officer, Vivek Rae, in the four-member commission give
rise to a "real likelihood of bias" on his part to give a
favourable recommendation to the IAS.
The petition said: "The impugned resolution, by retaining
the practice of including a member of the IAS as a member of the commission
has given rise to a real likelihood of bias on the part of such member in
favour of maintaining the status quo, under which the IAS enjoys a position
of special privilege in respect of pay fixation."
Rae has a directed pecuniary interest in the recommendations of
the commission, as it would also determine his pension and retirement
benefits, alleged the plea.
The petitioners further questioned the practice of previous pay
commissions providing an "edge" in pay scales to members of the IAS
over other members of the AIS and other central civil services including
India Forest Services (IFS), Indian Police Service (IPS), Indian Revenue
Service (IRS), and all other group A central services.
"Past report of the commission rise to a reasonable
apprehension that the reason for the repeated rejection of the demands for
parity of other services in the AIS with the IAS is attributable to the fact
that the commission has always comprised of a member of the IAS," the
petition submitted.
Central government counsel, however, argued the commission was
not a "one-man show" and that it recommendations inturn have to go
through scrutiny of the government and Rae was included in the commission
because of his wide experience in the field.
Former Supreme Court judge Justice Ashok Kumar Mathur is the
chairman of the commission and former petroleum and natural gas secretary
Rae, National Institute of Public Finance and Policy (NIPFP) Rathin Roy, OSD
in finance ministry's expenditure department Meena Agarwal are the members.
Source: www.ibnlive.in.com
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Wednesday, May 7, 2014
Agenda for next meeting of the Standing Committee of the National Council JCM - BPMS
