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
