After Hon’ble Supreme Court Judgement decided that MACP Scheme should be allowed with effect from 01.01.2006 instead of 01.09.2008 Ministry of Defence has implemented the same in respect of Defence Personnel.
Now, Confederation of Central Government Employees and Workers demands
for implementing MACP Scheme for Central Government Employees also with
effect from 1st January 2006.
If MACP is implemented with effect from 01.01.2006 in the place of 1st
September 2008, it will be beneficial for employees who have joined in
Government Service between 1996 and 1998 as they would have been granted
MACP with effect from 1st September 2008 though they are entitled to
First MACP after completion of 10 years
Similarly, Central Government Employees who have been appointed between
1986 to 1988 will also be benefited as they would have got their 2nd
MACP only on or after 1st September 2008. However, if MACP scheme is
given effect from 1st January 2006, they would be entitled to 2nd MACP
with retrospective effect on completion of 20 years from the date of
joining in Government Service.
Confederation’s Letter dated 07.08.2018 addressed to DOPT
Agenda items of the Standing Committee – Item No.2,10 and 48 of the Joint Committee of MACP
No.NC-JCM-2017/MACP
Dated: August 7, 2018
The Secretary,
Department of Personnel & Training, North Block,
New Delhi
Sub:- Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee
Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018
2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018
Dear Sir,
This office vide Letters referred at 1 above dated 16/01/2018 and
27/03/2018 has represented to your good self to make the MACP scheme
effective from 1/1/2006 since the Hon’ble Supreme Court in its order in
WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir
Singh Turn & Anr has directed the Govt. of India to implement the
MACP Scheme retrospectively from 1/112006. Till date we have not
received any positive response from the DOPT. However the MOD vide
letter referred at 2 above (copy enclosed) have now issued instructions
to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force
Personnel by implementing the Hon’ble Supreme Court judgment. Having
implemented the judgment to one set of employees and denying the same to
the similarly placed employees is discriminatory and unjustified.
The Hon’ble Supreme Court has repeatedly ruled that judicial decisions
in matter of a general nature should be extended to all similarly placed
employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC
648, the Apex court has held as Under:-
” Those who could not come to the court need not be at a comparative
disadvantage position to those who rushed in here, ‘if they are
otherwise similarly situated, they are entitled to similar treatment”
In view of the above to avoid multiplicity of litigations on the matter
and since the item is also before the Joint Committee on MACP, it is
requested that Govt. orders may please be issued for implementing the
MACP Scheme w.e.f 1/112006. While issuing such an order, it may also be
clarified that the employees who were granted the benefit of ACP between
1.1.2006 to 31.08.2008 are not adversely affected and no recovery is
ordered from them in this connection.
Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary
