Friday, 22 August 2014

Grant MACP on Promotional Hierarchy - CAT Principal Bench, New Delhi Judgement



Text of judgement reproduced below:-

Central Administrative Tribunal 
Principal Bench, New Delhi

OA No.2548/2014
MA No.2167/2014

New Delhi, this the 31st day of  July, 2014  

Hon ble Mr. G.George Paracken, Member (A)
Hon ble Mr. Shekhar Agarwal, Member (A)  

1. Kishan Swarup Sharma, working as PPO(E),
 Aged about 58 years,
 S/o Shri Kumbh Karan Sharma,
 R/o 64, Arya Nagar,
 Suraj Kund Road,

2. D.V. Singh, working as PPO(E),
 Aged about 57 years,
 S/o Late Shri Harkesh Singh,
 R/o H.No.50, New Bhopal Vihar,
 Garh Road, Meerut, UP

3. Mange Ram, working as PPO(E),
 Aged about 59 years,
 S/o Shri Bachan Singh,
 R/o H.No.112, Baba Jawanth Singh Colony,
 Raja Sansi, Amritsar, Punjab.

4. Mahendra Singh, working as PPO(E),
 Aged about 59 years,
 S/o Sh. Harbans Sngh,
 R/o A-185, DDA Flats, Gazipur,

5. Arun Kumar Sahu, working as PPO(E)
 Aged about 58 years,
S/o Brij Nandan Sahu,
R/o V&PO Manda, via-Narhan,
Distt. Samastipur, Bihar.

6. Prakash Chandra, working as PPO(E),
 Aged about 47 years,
 S/o Late Shri Chokhey Lal,
 R/o Village Puvena, PO Ahan,
 Distt. Hathras.

7. Pradeep Kumar, working as PPO(E),
 Aged about 46 years,
 S/o Shri Rajbir Singh,
 R/o H.No.1176, Type-IV,
 H.H. IV, Faridabad, Haryana.

8. Mahesh Chandra, working PPO(E),
 Aged about 50 years,
 S/o Late Shri Bhikari Lal,
 R/o 1224, Type-III,
 NH-IV, Faridabad, Haryana.

9. Durga Prasad, working as PPO(PP),
 Aged about 46 years,
 S/o Shri Umrao Singh,
 R/o H.No. 3H-93, NIT Faridabad,

10. C.S.Ranawat, working as PPO(E)
 Aged about 47 years,
 S/o Sh. L.S. Ranasat,
 R/o 353, Block-A,Sainik Colony,
 Faridabad, Haryana.

11. Rambir Singh, working PPO(E),
 Aged about 51 years,
 S/o Late Shri Jailal Singh,
 R/o H.No.246, Sec-48, Faridabad,

12. Akhilesh Kumar, working as PPO(PP),
 Aged about 48 years,
 S/o Shri Surjan Lal,
 R/o Q.No.1872, T-3, New Quarters,
 NH-IV, Faridabad, Haryana.

13. Mahavir Singh, working as PPO(PP),
 Aged about 55 years,
 S/o Late Shri Jagal Lal,
 R/o C-17, Pandav Nagar,
 New Delhi-110092.

14. Jitendra Kumar, working as PPO(E),
 Aged about 46 eyars,
 S/o Shri Jagmer Singh,
 R/o A-39, Defence Enclave,
 Kanker Khera, Meerut, UP.

15. Yogesh Kunwar, working as PPO (WS),
 Aged about 53 years,
 S/o Shri Satya Pal Singh,
 R/o Q.No.1005, Type-IV, NV-IV,
 Faridabad, Haryana.

16. Kailash Chand, working as PPO(PP),
 Aged about 51 years,
 S/o Late Shri Jaggan Lal,
 R/o H.No.26, Block-F, Arya Samaj Road,
 Uttam Nagar, New Delhi.

17. Atul Kumar Sinha, working as PPO(PP),
 Aged about 49 years,
 S/o Shri R.N. Sinha,
 R/o 126-B, Beside Little Flower School,
 Shahpur, Gorakhpur-273006.

18. Arun Kumar Rana, working as PPO(E),
 Aged about 45 years,
 S/o Late Shri Ajab Sinha,
 R/o B-264, New Panchwati Ghaziabad, UP.

19. Chanan Lal, working as PPO(E),
 Aged about 58 years,
 S/o Shri Mani Ram,
 R/o H. No.246. Sec-48, Faridabad, Haryana.

20. Dr. Umesh Kumar, working as PPO(E),
 Aged about 55 years,
 S/o Late Shri S.P. Srivastava,
 R/o 1032, Sec-3, Eldeco Udyan-II,
 Raebareli Road,

21. Chandra Bhan, working as PPO(E),
 Aged about 52 years,
 S/o Late Shri Harlal,
 R/o Old No.2, New No.3, 26 Street Nanganllur, 

22. N.K.Meena, working as PPO(E),
 Aged about 46 years,
 S/o Late Shri Ram Sehai Meena,
 R/o 1276/34, Sector-7, Antophill,

23. Dr. Rajesh Kumar, PPO(E),
 Aged about 47 years,
 S/o Shri Maharban Singh,
 R/o 1497, Sec-3,
 Faridabad (Haryana)

24. Suresh Kapil, PPO(E),
 Aged about 52 years,
 S/o Late Shri Kewal Krishan,
 R/o Raban, Solan (H.P.).

25. D.C.Tyagi, PPO(Chem.),
 Aged about 55 years,
 S/o Shri R.L. Tyagi,
 R/o H.No.1186, Type-IV,
 NH-IV, Faridabad, Haryana.

26. U.L.Srivastav, PPO(PP),
 Aged about 58 years,
 S/o Shri Amrit Lal Srivastava,
 R/o Jangal Rani Sahas Kumari Tolo,
 Mahabar Chhapra, Distt. Gorakhpur (UP)

27. Pitamber Singh, working as PPO(P),
 Aged about 49 years,
 S/o Shri Chandan Singh,
 R/o Village Mumrejpur, Post Ahmadgarh,
 Distt. Buland Shahar, UP.

28. Pawan Kumar, working as APPO,
 Aged bout 45 years,
 S/o Shri D.S. Chauhan,
 R/o 148, New Dashmesh Avenue,
 Opposite Khalsa College for Education,
 Amritsar (Punjab)-143 002.

29. Vijay Pal Singh, working as PPO(E),
 Aged about 47 years,
 S/o Shri Kale Singh,
 R/o H.No.92, Type-III,
 NH-4, Faridabad.
(By Advocate : Shri M.K. Bhardwaj )


UOI & Ors. through

1. The Secretary,
 Ministry of Agriculture,
 Krishi Bhawan, New Delhi.

2. The Plant Protection Advisor,
 Directorate of Plant Protection,
 Storage & Quarantine,
 Govt. of India, Department of Agriculture &
 Cooperation, NH-IV, Faridabad.

3. The Secretary,
 Ministry of Personnel, Public Grievances,
 & Pensions (Deptt. Of Personnel & Training),
 Govt. of India,
 North Block, New Delhi.


Mr. G. George Paracken, Member (J) :-

 The applicant has filed this OA seeking the following reliefs :-

(a) to declare the action of the respondents in not granting the scale of Rs.15600-39100 (PB-3) with Grade Pay of Rs.5400 & 6600 as illegal and arbitrary.

     To direct the respondents to grant scale of Rs.15600-39100 with Grade Pay of Rs.5400 & 6600 attached to the promotional posts, as 2nd & 3rd financial upgradation to the applicants under MACP from due date with all arrears of pay.

     To declare the OM/MACP dated 19.05.2009 as unconstitutional to the extent the same deny the next  promotional scale attached to the promotional post as 1st, 2nd & 3rd financial upgradation as illegal, arbitrary and unjustified and issue appropriate consequential directions.

     To allow the O.A. with costs.

     Pass such other direction or directions order or orders as this Hon ble Tribunal may deem fit and proper to meet the ends of justice.

2. According to the learned counsel for applicants, this case is squarely covered by an order of this Tribunal  dated 26.11.2012 in OA No.904/2012 Sanjay Kumar Vs. Secretary, Ministry of Defence and Ors.  The operative part of the said order reads as under :-

4. We have heard the learned counsel for the parties.  The issue raised in the OA has already been considered by the Chandigarh Bench of this Tribunal in OA No.1038/CH/2010- Rajpal son of Shri Tilak Ram Versus Union of India and others.

5. In the aforesaid OA, the applicant was working as Photocopier and he was already given 1st Financial Upgradation under the ACP Scheme. According to the applicant, his pay had been wrongly fixed in pay band-1 with grade pay of Rs.2400/- on grant of 2nd Financial Upgradation under the MACP Scheme.  This Tribunal held that the applicant therein was entitled for the 2nd Financial Upgradation in the next hierarchy of posts and not in the next grade pay. The posts of Photocopier and that of LDC/Hindi Typist being isolated posts, not having any promotional avenues, the Chandigarh Bench of the Tribunal made the following observations:-

11. We have heard the learned counsel for the parties and considered the documents on record.

12. There is no dispute that the applicant is holding the post of Photocopier, which is an isolated post, having no  avenues for promotion.  It is also not disputed that the post held by the applicant had been declared equivalent to the post of LDC/Hindi Typist etc. by the Tribunal as well as the High Court by judicial pronouncements in matters of grant of ACP, which have attained finality and stands implemented also.     Accordingly, applicant was granted Ist ACP (under the old ACP) w.e.f. 9.8.99 in the pay scale of Rs. 4000-6000.  

13. It has also been settled that the ACP would be  granted on completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typists, and not in the next higher scale in the recommended scales.   The same principle would have to be applicable  in regard to grant of MACP to the applicant.   The only difference is that while  in case of ACP two financial upgradations were granted  on completion of 12 and 24 years of service, in case of MACP, three upgradations on intervals of 10, 20 and 30 years of service.  

14.         The respondents have placed reliance on para 13 of the MACPS, which reads as under:

13. Existing time-bound promotion scheme, including insitu promotion scheme, Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MACPS.  However, these Schemes shall not run concurrently with the MACPS.

Reliance has further been placed on  decision  taken  in the second meeting of the Joint Committee on MACPS held under the Chairmanship of the joint Secretary  DoPT was circulated.   Item No.3 of the Agenda for the said meeting reads as under:

The MACP Scheme provides for placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay after 10,20 and 30 years of service.  On the other hand the earlier ACP Scheme provided for placement to higher pay scale of the next promotion post in the hierarchy of the pay scale after 12 and 24 years of service taken from date of induction in service.

15. Be that as it may, the principle enunciated and settled by the Tribunal/High Court for grant of ACP   cannot be changed and  the same principle would apply for grant of MACP to him. The only difference  is of number of years required to be completed.  We find no justification to take a different view in the matter

16.   For the foregoing reasons, the impugned order dated 9.8.2010, (Annexure A-1)qua the applicant, fixing his pay in PB-1 with grade pay of FR 2400/- under the second MACP,  and the order dated  10.8.2010 (Annexure A-2 ) are hereby quashed and set aside.  Consequently,  the respondents are directed to grant second financial   upgradation to the applicant   under the  MACPS   from  due date fixing  his pay  in the hierarchy of posts decided in his case earlier and to pay the resultant arrears without interest, within a period of 2 months from the date of receipt of a copy of this order.

17. The OA stands disposed of in the above terms.  No costs.

6. The respondents have challenged the aforesaid order before the Hon ble High Court of Punjab and Haryana at Chandigarh in CWP NO.19387/2011 decided on 19.10.2011. The Hon ble High Court of Punjab and Haryana at Chandigarh held that there was no infirmity in the aforesaid order passed by the Chandigarh Bench of this Tribunal. The relevant observations of the said order are extracted hereunder: 

Upon implementation of the 6th Central Pay Commission, the scale of Rs.3050-4590/- was kept in pay band-I, Rs.5,200-20,200/- with grade  pay of Rs.1,900/-, the scale of Rs.4,000-6,000/- was also kept in pay band-I with grade pay of Rs.2,400/- and the scale of Rs.5,500/-9,000/- was kept in pay band-II in pay scale of Rs.9,300-34,800/- with grace pay of Rs.4,200/- increased to Rs.4,600/-. In terms of MACP Scheme, respondent no.1 was granted the lower scale by keeping in pay band -I of Rs.5,200-20,200/- with grade pay of Rs.2,400/-.  This was done in terms of order dated 09.08.2010.  Accordingly, respondent No.1 approached the CAT contending that he is entitled to be granted the scale of Rs.5,500-9000/- towards the 2nd Financial Upgradation at par with the post of Hind Typist and LDC.  Such claim of respondent No.1 has been upheld by the CAT in the impugned order dated 31.05.2011.

7. In our considered view, the present OA is squarely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Hon ble High Court of Punjab and Haryana at Chandigarh. 

8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. of Personnel & Training, in the case of the applicants. By the said Scheme, 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 scale of pay as per the recommendations of the 6th Pay Commission.  In the hierarchy after the scale of UDC, the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post  in the hierarchy, namely, the Assistants carrying the pay scale of Rs.9300-34800 and the grade of Rs.4200/-.  

9. In view of the above position, this OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34,800/- with grade pay of Rs.4200/- attached to the said promotional post of Assistant/OS from the due date to the applicants.

10. The aforesaid directions shall be complied with within the period of two months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.

 There shall be no order as to costs.

3.     He has also submitted that following the aforesaid order,  this Tribunal has passed similar orders in OA No.1493/2014 Indian Ordnance Factories Gazetted Officers Association through its President Shri Brajesh Kumar Singh & others Vs. UOI & Ors, OA No.988/2014 Shri Pradeep Kumar & Ors. Vs. Secretary, Ministry of Information & Broadcasting & Ors,, OA No.864/2014 Shri Om Prakash & Ors. Vs. Secretary (NCERT) & Ors., and OA No.203/2014 Narener Kumar, JE(Civil) Vs. Govt. of NCT of Delhi & Ors. He has further stated that the OA No.864/2014 (supra) has been challenged by the respondents therein before the Hon ble High Court of Delhi vide WP(C) No.3608/2014 but the same was dismissed vide order dated 14.07.2014.

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 case of the applicants in the light of the aforesaid orders. If their case is covered by them, they shall also be extended the same benefits under intimation to the applicants.  The aforesaid direction shall be complied with, within a period of two months from the date of receipt of a certified copy of this order.

5. For the sake of convenience of the Respondents, Registry is also directed to send a copy of this OA to them.  

      ( Shekhar Agarwal )                              (G. George Paracken)
            Member (A)                                              Member (J)

Aadhaar Enabled Biometric Attendance System (AEBAS) be implemented in all central government offices

Aadhaar watch on babus

New Delhi, Aug. 20: The sarkari babu will have to make every minute count.

The Narendra Modi government has ordered that an Aadhaar Enabled Biometric Attendance System (AEBAS) be implemented in all central government offices.

A circular issued to all central government offices in the capital today has also asked employees, of all ranks, to submit their contact details (email ID, residential address, telephone and personal mobile phone numbers) to the department of personnel and training that is with the Prime Minister’s Office.

Delhi police are already building a databank containing the cellphone number, email ID, name, rank and “personal number” and of every city cop, from constable to commissioner, on the orders of the PMO. A letter from the home ministry on August 5 had asked for such a databank, which will also include the municipality in which the cop lives. “All the station house officers are on the job,” an officer said.

The circular issued today does not give a date from which the new attendance system will be implemented. It says “Aadhaar number is mandatory to register attendance”.

At least one state — Jharkhand — has begun implementing the AEBAS. But a central government order means the system will have to be adopted across the country.

The system will be implemented in the capital first and then in all central offices outside New Delhi. The order is binding on all employees, including those in the armed forces.

To implement the system, all offices will have to install fingerprint scanners with Wi-fi Internet. The objective of the system, sources said, is “to check absenteeism and measure the time an employee spends in office and the time he or she checks in and checks out”.

Similar systems have been implemented in many corporate offices, both in the private and the public sector, though they are not based on Aadhaar, the card issued to citizens by the Unique Identification Authority of India that was headed by Nandan Nilekani and created by the UPA II government of Manmohan Singh in 2009.

The system will also seek to ensure that employees cannot backdate attendance or mark attendance for someone else.

On July 1, Nilekani had met Modi and finance and defence minister Arun Jaitley and given a presentation on the Aadhaar scheme that impressed the new regime.

Police clueless

Delhi police have been left befuddled by the message from the PMO asking for the databank.

“This is unprecedented. We are not clear about the objective behind it,” a senior officer said in private.

“It seems the PMO is going to be the new control room for everything: it will keep a tab on all government officials including the police,” conjectured an IPS official posted in the home ministry.

The Delhi police, who claim to be the world’s largest metropolitan force with their 80,000 personnel including nearly 50,000 constables, have thrown themselves into the massive exercise.

Delhi’s is the only police force in the country that is under the Union home ministry’s direct control. Police sources said the directive came in the form of a ministry letter dated August 5.

Additional deputy commissioner Mahesh Batra then wrote to all the zonal deputy commissioners to help prepare the databank.

“May kindly direct the concerned to collect the same from every employee under your control and feed the information by August 13,” says the letter, dated August 11, of which The Telegraph has a copy.

“There will not be an extension of this date, being time-bound requirement by Prime Minister’s Office….”

Not surprisingly, the deadline has been missed. A senior officer said the task would be completed by the end of this month.

Allocation of exclusive Bar Code Series for Speed Post Articles containing Passport for Regional Passport Offices

Thursday, 21 August 2014

Children Education Allowance for Central Government Employees - Annual Ceiling and Details of Admissible Institutions.

While answering to a question in Parliament on 18.7.2014, Finance Minister Shri Arun Jaitley said in a written form regarding the details of Children Education Allowance that it has been informed by the Department of Personnel and Training that the annual ceiling limit for reimbursement of Children Education Allowance (CEA) is 18,000/- per child. The Hostel Subsidy shall be 4,500/- per month per child.  
The annual ceiling for reimbursement of CEA for disabled children of Government employees is 36,000/- per annum per child and the rates of Hostel Subsidy for disabled children of Government employees is 9,000/- per child per month.  
These revisions are applicable with effect from 1st January, 2014.  
The reimbursement is admissible for the children studying in institutions affiliated to any Board or recognised institution, whether in receipt of Government aid or not, recognised by the Central or State Government or Union Territory Administration or by University or a recognised educational authority having jurisdiction over the area where the institution is situated.

Monday, 18 August 2014

Why do we join Union?

 With the evolution of society and growth in social needs there is a sharp development in industrialization. It involves use of modern technology and employment of large number of workers. As large number of people are involved,  it becomes necessary to safe guard the interest of the workers. They need to be organized to fulfil their demands in respect of salary, welfare and social security. There comes the concept of `Union’. 

          So, union is the long-term association of workers to advance and protect the interest of members of the union in the working relationship. According to Flippo “A labor union or a trade union is an organization of workers formed to protect, promote and improve through collective action, the social, economic and political interest of its members.” 

          Whenever any employee joins a union, he has some expectations in his mind. He may join the union for the following reasons:- 

·          Economic benefits: When any employee joins an organization the main interest is the salary or wage. As the social status of a person is defined by the economic standard he carries, more emphasis is given to the economic benefits. But any single individual has very little bargaining capacity as compared to the huge power of the management. He thinks, if he joins the union, union will fight for the economic interest of the employee as the union has great bargaining capacity to get its demands accepted by the management.  But the union has also its own limitations. It can bargain on the genuine ground according to the prevailing rules. It can demand for the economic up-gradation when the organization is economically sound. For that the employees have to give their hundred percent so that union can demand enhancement of monetary benefits. Because no organization will give any economic benefit unless and until it is economically sound. At that time expectation of economic advancement is baseless. 

·          Platform for self-expression: At the primitive days of industrialization, lives of the workers were like slaves without any voice against the tyranny of the management. They used to live at the mercy of the management. They couldn’t raise their voice against un-hygienic working conditions, hard work, low wage, long and inconvenient hours of working etc. Self-expression and individuality were totally prohibited. But the desire for self-expression is a fundamental drive which can’t be ignored. By joining the union the employees get a platform for self-expression. The union provides the mechanism through which employees can make their voice heard by the top management. Union serves as the communicating device between the employees and the management.  Sometimes due to low perspective and narrow-mindedness, some can’t understand the long-term views taken by the organization in the context of overall growth of the organization and employees. Anything which does not result in immediate reward becomes unattractive to them. This attitude results in the difference in views and conflict in union. One thing we should keep in mind that union is by the employees, for the employees and of the employees. So to be in union, one should go beyond oneself. 

·          Check-bar on arbitrary action of the management: The employees join the union to fight against the arbitrary action of the management. It works like a brake to the monopoly of the management. Employees expect a just and fare dealing from the management on the basis of the prevailing rules and regulations. Union  serves a checkmate when management goes beyond the prevailing rules and take action against the employees which is irrational, unlawful or  discriminatory. Thus union safe- guards the interest of the employees. 

·          Security :  The employees join union because they think that at the time of need the union will stand by them. They can get the protection from hazards and economic insecurities at the time of illness, accidents, unemployment etc. For example, trade union ensures compensation to the injured workers under the Workman’s Compensation Act 1923, secures the retirement benefits under Gratuity Act 1972 and PF Act 1952, employees’ health, social security, payment of wage, bonus, insurance, maternity benefit etc. and other welfare measures by compelling the management to abide by these. With the union, employees feel safe and secure both mentally and physically. 

·          Employee-employer relationship:  The employee may not have easy access to the top management. But union is the proper machinery which maintains a sound communication between the employer and the employee. Employees feel attached to the organization by this. If the relation between the employer and employees is good then industrial disputes, conflicts, strikes and lock-outs can be avoided. 

·          Sense of participation: Sense of participation is also a fundamental desire among the employees. They expect that their voice should be heard in making decisions in the organization. This is known as the Workman’s Participation. Being in the union, they can make their voice heard by the management in matters affecting them and can also influence to take a correct decision. 

·          Sense of belongingness: When any employee joins an organization the sense of belongingness is developed inside him. He tries to feel that he is the integral part of the organization. For that he may join the union. Because his co-workers are with the union. He may have the feeling that if he will not join the union he will be odd man out and can’t get any assistance at the time of need. On the contrary, when he is in the union he feels that he is attached with the organization and experiences a feel-good factor. He begins to think that he has some importance in the organization and among the co-workers. 

·          Background factor: Some who are born and brought up in the industrial area or in the organizational background where the society members and members of the family are attached with the union, join the union as a nature of practice. Here the past history works. As a result,  they think it obvious and natural enough to join the union. 

Though it is the mere truth that union is for the safe-guard of the employees, we can’t use it as the weapon against the management. If management strives for the long term benefit of the organization which may sound unreal on the today’s back ground,  then union also has to think in that angle for the mutual benefit. We should aspire for the long term benefits because our next generation may get the fruit out of it. We have to make the union strong for the bright future.