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Sunday, March 30, 2014

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 - BPMS

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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 - BPMS

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) 

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: 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 on grant 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 
(MUKESH SINGH) 
Secretary 



Source : BPMS

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8 comments:

Anonymous said...

To expedite action on this all Associations should write to Secretary, DOPT alongwith a copy of the CAT Principal Bench OA No.864/2014 of 12 March 2014 and other previous orders issued on the subject at the earliest. Otherwise Ministry will just wait and no action will be taken in the near future. It is time to act now and get back our rights.

Anonymous said...

Please take action on MACP based on the latest CAT order for the benefit of affected Government employees.

Anonymous said...

GOVT IS UN-NECESSARILY DEFENDING CASES FILED BY AFFECTED EMPLOYEES. NOW COURT HAS GIVEN CLEAR DIRECTION THAT NOT TO WAIT FOR ORDERS FROM GOVT DEPARTMENT IN THIS REGARD. HOPE DoPT WILL ISSUE ORDERS.

Anonymous said...

Getting pay on promotional hierarchy is important on long term as CPCs always relate new pay scale to the existing pay scale.

Anonymous said...

it is still not clear as to whether the employee after getting MACP of 5400/- will be entitled for all allowances and facilities liked with grade pay....?

josephmullore said...

Hope that DOPT will be kind enough to issue necessary orders making the verdict applicable to all the Central Govt Departments so that hundreds of litigations in various benches can be avoided.

There is no rules at present which envisages two different sets of allowances for the same grade pay.

Sanjit Sarkar said...

Despite having direction of apex court in the matter of MACP on promotional hierarchy DoPT is in denial mood .DoPT is aware that 3 up-gradation in 30 years is admissible only when employee gets no promotion .So promotion and up-gradation under MACP is co-related.Therefore ,implementation of MACP on promotional hierarchy is the basic principle and if DoPT like organisation pretends ignorant is really sorry.Modi ji may break his head to bring the national discipline on track but our naughty mind is the great hindrance.No defeat if final until we stop trying.jai bharat.sanjit

Sanjit Sarkar said...

Its really great mess when DoPT like organisation avoids obeying supreme courts judgement on implementation of MACP on promotional Hierarchy.Principal Bench CAT expressed that no further order is required to implement the MACP on promotional hierarchy once SC upheld the matter. But departments having more directors or CEO type officers are reluctant in implementation of the order on the pretext of DoPT order not being issued after SC up held the matter .Modi sir is breaking his head for bringing the nation on track of discipline but our higher grade officers are no more officers of mass otherwise they would have sorted out this matter on merit.One person does not get 3 MACP if he gets three promotions or two MACP if he gets one promotion so MACP and Promotion matter id co-related and fixation of promotional hierarchy is the just way .If one could not be promoted due to policy of the administration despite good APAR and gets only MACP is not completer justice done.He is still lacking social dignity one govt.official enjoys on promotion and the family dignity is a great factor. MACP is half compensation if given on promotional hierarchy ,if further axing is done by giving just next higher pay which is not equivalent to his promotional grade in that case the employee looses promotional dignity and financial status for his no wrong.The ACP is mother of MACP but the DNA of MACP is changed by such act and it is erroneous and arbitrary.Jai Bharat.



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