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Showing posts with label MACP. Show all posts
Showing posts with label MACP. Show all posts
Clarification on MACP Scheme – Employees joining in Grade Pay of Rs.4600 on direct recruitment
Clarification on MACP Scheme – Employees joining in Grade Pay of Rs.4600 on direct recruitment
G.I., Ministry of Railways, Railway Board Letter No.PC-V.2010/MACP/7ECR, dated 4.9.2014
Subject: Grant of financial upgradation under MACP Scheme – Clarification reg.
Ref: ECR’s letter No.E/205(A)/O/ECR/HJP, dated 11.07.2014
In context of E.C.Railway’s letter under reference, it is stated that the matter has been examined and it is clarified that:-
(a) The employees joining a post in Grade Pay of Rs.4600, on direct recruitment basis may be considered for grant of financial upgradation in Grade Pay of Rs.4800, Rs.5400 of PB-2 and Rs.5400 of PB-3, provided that no two successive grades i.e., feeder and promotional are in the same Grade Pay.
(b) Similarly, the employees joining a post in Grade Pay of Rs.4200, on direct recruitment basis may be considered for grant of financial upgradation inGrade Pay of Rs.4600, Rs.4800 and Rs.5400 of PB-2, provided that no two successive grades i.e., feeder and promotional are in the same Grade Pay.
(c) Accordingly, the employees joining a post in Grade Pay of Rs.2800, on direct recruitment basis may be considered for grant of financial upgradation in Grade Pay of Rs.4200, Rs.4600 and Rs.4800 of PB-2, provided that no two successive grades i.e., feeder and promotional are in the same Grade Pay.
2. Further, the grant of financial upgradation under MACP Scheme is subject to fulfilment of terms and conditions contained in Board’s letter dt. 10.06.2009 (RBE No.101/2009) and clarifications issued in context thereof and the same may please be ensured while considering cases for financial upgradation under MACP Scheme.
Authority: NFIR
MACP scheme is a challenge for 7th pay commission
MACP scheme was introduced by sixth pay commission and there are lots of anomalies left in this scheme. This scheme is very beneficial for central government employees who are working in same grade pay for 10 years or more. But some anomalies are really worrisome for the central government employees and they expect seventh pay commission to remove those. Please go through this news paper report:-
Source: www.govemployees.in
Appeal for Contributions on Special Leave Petition in the Matter to MACP
MINISTERIAL STAFF ASSOCIATION
SURVEY OF INDIA (CHQ’s)
C/o GEODETIC & RESEARCH BRANCH DEHRADUN
SURVEY OF INDIA (CHQ’s)
C/o GEODETIC & RESEARCH BRANCH DEHRADUN
No.CHQ-01/MSA(2015)
Dated:- 19th January 2015
APPEAL
All the respected Members of Ministerial Staff Association, Survey of India are hereby informed that Special Leave Petition in the Matter to MACP on Promotion Hierarchy has been filed by the Union of India & Others V/s some of the Govt. Servants in the Honourable Supreme Court of India.
It is further informed that the undersigned, along with the Vice President (CHQ) MSA has attended the meeting of the Steering Committee on the matter of MACP on Promotion Hierarchy, at New Delhi on 11.12.2014. Convenor of the Steering Committee Com. Pillai had informed the house that the expenses in the subject Court case are expected to cross over Rs. 15 lacs. As such the Central Govt.
Associations/Unions from all over India, have agreed to financial contribution for fighting the case to meet the justice. In the interest of our members, MSA, SOI has also committed to contribute some amount for the purpose.
Therefore, I do hereby appeal to all my respected members of MSA, whether they are affected by the MACP on Promotion Hierarchy or not, to please contribute at least Rs. 100/- per member, with their respective Branch Secretaries and the collected amount with list of members, may be sent to the undersigned latest by 10.02.2015,
positively.
positively.
Hoping for your full co-operation and support.
Comradely Yours
( DEEPAK C. R. KARKI )
SECRETARY GENERAL (CHQ)
MINISTERIAL STAFF ASSOCIATION
SECRETARY GENERAL (CHQ)
MINISTERIAL STAFF ASSOCIATION
Source-http://www.msasoi.com/PDFS/SLP190115.pdf
Clarification on 2nd ACP to Senior Accountants of CCAS cadre – NFCAA
Clarification with regard to 2nd ACP to Senior Accountants of CCAS cadre appointed as Accountant on the basis of Limited Departmental Competitive Examination
All India Civil Accounts Employees Association
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTER
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTER
No: AICAEA/HQ/A-2/2014/4
Dated: 02.01.2015
To,
Shri Jawahar Thakur,
Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
Loknayak Bhawan,
Khan Market,
New Delhi – 110003
Shri Jawahar Thakur,
Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
Loknayak Bhawan,
Khan Market,
New Delhi – 110003
Subject:- Clarification with regard to 2nd ACP to Senior Accountants of CCAS cadre appointed as Accountant on the basis of Limited Departmental Competitive Examination.
Ref:- O.M. No. A-11019/25/05/MF.CGA (A)/NGE/AICAEA-HQ/289 dated 27.10.2014 issued by the office of CGA.
Sir,
I have been directed to refer to the above and draw your kind attention to the following few lines in the matter of grant of IInd financial upgradation under ACPs to those who were appointed as Junior Accountants on the basis of the results of Departmental Competitive Examination conducted by the SSC during the years 1981 & 1982-
1. The candidates who had qualified the Departmental Competitive Examination for the posts of Junior Accountants conducted by the Staff Selection Commission during the year 1981 & 1982 against direct recruitment quota of different departments of Civil Accounts Organization are required to be equated with the Junior Accountants who were directly recruited through the examination conducted by the Staff Selection Commission for recruitment to the post of Junior Accountant as the standard and method of both the examinations were similar at that point of time.
2. Clarification No. 8 of the DOPT O.M. No. 35034/1/97/Estt. (D) Vol-IV dated 10th February 2000 states that, if relevant Recruitment Rules provide for filling up of vacancies by direct recruitment, induction of a person from lower grade in the next grade through Limited Departmental Competitive examination may be treated as direct recruitment for the purpose of ACPs. In such cases, service rendered in a lower pay scale shall not be counted for the purpose of benefit under ACPs. Not only this, the said order nowhere states that the benefit under ACPs shall be limited to those incumbents only where there is a change of their cadre/service.
3. The CCAs (Group – C) Recruitment Rules provides for filling up of vacancies in the grade of Accountant through direct recruitment and it fulfills the requirements stated in the clarification No. 8 of the DOPT O.M. No. 35034/1/97/Estt. (D) Vol – IV dated 10th February 2000.
4. The scheme of granting ACP was introduced in the year 1998-1999, whereas the officials who have qualified the departmental competitive examination prior to the issuance of the DOPT orders should in no way be deprived of this benefit. In fact, the clarification was specifically meant for such officials only.
5. The benefit of the scheme has already been implemented in CGA’s organizations itself. Examples are as below:-
i) CBEC: – Pr. CCA, CBEC, New Delhi vide order No. Admn.1 (17) 9/ACP Scheme/770 office order No. 164 dated 14.08.2007 granted IInd financial upgradation with effect from 01.04.2007 to Shri A.J. Kulkarni (PAO, CEX, Pune). He had qualified the departmental competitive examination conducted by the SSC in the year 1981.
i) CBEC: – Pr. CCA, CBEC, New Delhi vide order No. Admn.1 (17) 9/ACP Scheme/770 office order No. 164 dated 14.08.2007 granted IInd financial upgradation with effect from 01.04.2007 to Shri A.J. Kulkarni (PAO, CEX, Pune). He had qualified the departmental competitive examination conducted by the SSC in the year 1981.
ii) CBDT: – Pr. CBDT, New Delhi office order No. Admn.ii/5-23/ACP/Sr.Acctt/2005-06/486 dated 16/23.03.2007 granted IInd financial upgradation with effect from 06/08.07.2007 to Shri S.N. Kaulgud, ZAO, CBDT, Pune. He had qualified the departmental competitive examination conducted by the SSC in the year 1982. Incidentally, it may be placed for your information and record that Shri S.N. Kaulgud of PAO, CBDT (Roll No – 018 rank No.-11) was granted 2nd ACP but Shri Subhash Chander Bamrara (Roll No. 010 rank No.-6) at present working under CCA, Ministry of External Affairs, New Delhi has been deprived of the same benefit while both of them had qualified the same examination in the year 1982.
iii) Min. Home Affairs: – Though there is no specific example readily available with us, but many employees of Ministry of Home Affairs were also extended the said benefit by the then Heads of The Departments.
Decisions by all the heads of the Departments had been taken with the concurrence of the Controller General of Account. There may be many others who might have been accorded the benefit of 2nd ACP and as on record only a handful of employees have been kept out of the benefit at present.
\Therefore, on behalf of this Association, I seek your personal intervention into the matter and requests you to kindly take a favorable decision of extending the benefit to the left out and deprived section of employees as a onetime measure so that they could be able to get rid of the feelings of discrimination they have been suffering from due to non-receipt of their legitimately due benefit on par with their batch mates.
For a kind and early favourable decision of yours, this Association shall be highly thankful to you.
Thanking you.
Yours Sincerely,
(V. Bhattacharjee)
Secretary General
Secretary General
Source: www.nfcaahqnd.blogspot.in
MACP Clarification issued by Dopt – Regarding Recommendations of the Screening Committee
Modified Assured Career Progression Scheme for the Central Government Employee – Clarification regarding.
Recommendations of the Screening Committee henceforth be placed before the Appointing Authority of the post in both cases where the Committee is constituted in the Ministry/Department or in other cases for approval with regard to grant of financial upgradation under MACP Scheme.
N0.35034/3/2008-Estt(D) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi 110001
Dated the 10th December, 2014
Dated the 10th December, 2014
OFFICE MEMORANDUM
Subject:- Modified Assured Career Progression Scheme for the Central Government Employee-Clarification regarding.
The undersigned is directed to invite reference to the Para 5 of the Modified Assured Career Progression Scheme issued vide the Department of Personnel and Training Office Memorandum No. 35034/3/2008-Estt.(D) dated May 19, 2009 providing that the recommendations of the Screening Committee shall be placed before the Secretary in cases where the Committee is constituted in the Ministry/Department or before the Head of the organisation/competent authority in other cases for approval.
2. References have been received from various Ministries/Departments with regard to delegation of powers of Secretary to a Joint Secretary level officer as a large number of files on various matters are referred to the Secretary for approval and it is an administrative matter of routine nature which can be disposed of at the level of Joint Secretary.
3. The matter has been considered in this Department and it has been decided that the recommendations of the Screening Committee henceforth be placed before the Appointing Authority
of the post in both cases where the Committee is constituted in the Ministry/Department or in other cases for approval with regard to grant of financial upgradation under MACP Scheme.
of the post in both cases where the Committee is constituted in the Ministry/Department or in other cases for approval with regard to grant of financial upgradation under MACP Scheme.
4. Ministries/Departments are requested to bring these instructions to the notice of all concerned including their attached and subordinate offices.
sd/-
(Mukta Goel)
Director(E-I)
(Mukta Goel)
Director(E-I)
MACP ON PROMOTIONAL HIERARCHY- ORGANISATIONAL/ FINANCIAL SUPPORT TO DEFEND THE SLP-REGARDING
MACP ON PROMOTIONAL HIERARCHY- ORGANISATIONAL/ FINANCIAL SUPPORT TO DEFEND THE SLP-REGARDING
The extended meeting of the Steering Committee of MACP on Promotional Hierarchy held on 15/11/2014 has decided to write letters to all Gazetted Non Gazetted Employees’ Federations/Associations of all Ministries, seeking organizational/financial support in defence of the SLP against granting of MACP on promotional hierarchy, filed by the Central Government.
But we could not reach several of the Staff Associations/Federations, face MACP problems due to non availability of proper contact address/e-mail id/telephone number.
A letter inviting all Officers/Staff Associations who are not in contact of this steering committee is given below: All Federations/Associations are requested to send their contact address/telephone number/e-mail id etc immediately so that their name may also be incorporated in the list of steering committee. All Associations/readers are requested to co-operate.
-TKR Pillai
Convener
Mob No. 09425372172
e-mail: aiams08@gmail.com
Convener
Mob No. 09425372172
e-mail: aiams08@gmail.com
STEERING COMMITTEE-MACP ON PROMOTIONAL HIERARCHY
C/o All India CPWD Engineers Association,
Room No. B-003, Indra Prastha Bhawan,
ITO, New Delhi, dated 23/11/2014
e-mail: pillai_tkr@rediffmail.com,aiams08@gmail.com
Room No. B-003, Indra Prastha Bhawan,
ITO, New Delhi, dated 23/11/2014
e-mail: pillai_tkr@rediffmail.com,aiams08@gmail.com
To,
The President/General Secretary,
All India Officers/Staff Associations affected with MACP
All India Officers/Staff Associations affected with MACP
Sub: Defeating the illogical and anti employee MACP scheme in the Supreme Court- seeking co operation of the all Federations/Associations-regarding.
Dear sir,
You are aware that various benches of the Central Administrative Tribunals and High courts pronounced verdicts in favour of financial upgradation under MACP Scheme on Promotional hierarchy on the petitions of Central Government Employees in various Departments. In the Principle Bench of CAT itself, more than half dozen cases have been decided in favour of granting financial upgradation under MACP Scheme on promotional hierarchy. But the Government of India has not implemented these orders citing one or other reasons. Moreover, Government has filed 4 SLPs against these verdicts in respect of the applicants, namely, Shri V Mohanan Nair of CAT Ernakulam, Shri Babu Ram, Smt Reeta Devi and Shri Dhirender Singh of CAT Chandigarh, at Supreme Court. Since the outcome of the SLP filed will affect all Central Government Employees, a steering committee consisting of representatives of Gazetted/Non Gazetted Staff of various Departments of Government of India was constituted on 25/09/2014. Thereafter two meetings of the steering committee were held on 27th September and 2nd October 2014 in which decision for intervening in the SLP filed in the Supreme Court was taken.
In order to expand the activities of the steering committee, an extended meeting of the committee was convened at Indra Prastha Bhawan, New Delhi on 15/11/2014 in which 55 persons representing 30 Associations of various Ministries participated. Moreover, around 10 Associations whose representatives who had not participated in the meeting have assured to abide the decision taken in the meeting, copy of the minutes is posted elsewhere in this web site.
While addressing the meeting Shri SK Vyas, Advisor, Confederation has suggested that MACP is a matter covering all Central Government Employees and as such it will be better if National JCM (Staff side)becomes an intervener of the case and the meeting has accepted the suggestion. Shri Vyas has further suggested that all the Unions/Associations including Unions in the Railways, Defense, Postal and Income tax, Audit & Accounts Association should be asked to give contribution to meet the legal and other expenses of the case. Accordingly, the meeting decided to send letters to all major Federations/Associations as well the Secretary JCM (Staff Side).
While addressing the meeting Shri SK Vyas, Advisor, Confederation has suggested that MACP is a matter covering all Central Government Employees and as such it will be better if National JCM (Staff side)becomes an intervener of the case and the meeting has accepted the suggestion. Shri Vyas has further suggested that all the Unions/Associations including Unions in the Railways, Defense, Postal and Income tax, Audit & Accounts Association should be asked to give contribution to meet the legal and other expenses of the case. Accordingly, the meeting decided to send letters to all major Federations/Associations as well the Secretary JCM (Staff Side).
According to Supreme Court web site posting, the SLP of Shri Mohanan Nair is listed for hearing on 08th January 2015 and all the other three SLPs have been connected with this case. The extended meeting of the steering committee unanimously decided to engage lawyers to intervene in the SLP.The committee has decided to collect Rs. 15 lakhs to meet the immediate expenses in connection with intervention in the case etc. It was also decided to prepare a list of Federations/Associations from whom the contribution has to be collected.
In view of the above, this steering committee seeks your support both organizationally and financially to strengthen the united efforts to get a favourable verdict from the Supreme Court through legal means.
I, on behalf of the Steering Committee, request you to kindly extend your helping hand so that we may be able to defeat the illogical and anti employee MACP scheme in Supreme Court.
Please send a two line letter in confirmation of receipt of this letter.
Please send a two line letter in confirmation of receipt of this letter.
Yours Sincerely
(TKR Pillai)
Convener
Mob: 09425372172
Convener
Mob: 09425372172
http://aiamshq.blogspot.in/
3rd financial upgradation under MACP Scheme.
3rd financial upgradation under MACP Scheme.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)
MINISTRY OF RAILWAYS
(Railway Board)
No PC-V/2011/M/3/AIRF
New Delhi, dated 13.11.2014
The General Secretary
AIRF
4, State Entry Road,
New Delhi-110055
AIRF
4, State Entry Road,
New Delhi-110055
Sir,
Sub:-3rd financial upgradation under MACP Scheme.
The undersigned is directed to refer to AIRF’s letter No.AIRF/MACP/2014 (302), dated 07.10.2014 and to state the matter has already been consulted with DoP&T, the nodal department of Govt. on MACPS, and they have advised as under:
As regards the Order dated 31.05.2011 in OA No. 1038/CH/2010 (Raj Pal vs UOI) of Hon’ble CAT, Chandigarh which was upheld by the High Court and Apex Court, it may be stated that the Apex Court has not considered the issue on merit. The said SLP was dismissed due to insufficient explanation to condone the delay in the filing of the SLP. As regards implementation of CAT Order dated 9.5.2012 in OA No. 141/2012, the administrative Department was advised for implementation for the petitioners only subject to outcome of Review Petition in view of Contempt case. It may also be stated that generally the judgments passed by Hon’ble Tribunals/Courts are applicable/implemented to the specific case, unless there is any direction for similar dispensation to be extended to similarly placed persons. Hence, the above Orders pronounced favoring the applicants by the Tribunal/Courts and implemented on attaining finality or due to contempt or due to any other reason may be taken as exceptions/aberration.
In the matter, DoP&T have advised to maintain status quo with regard to the provisions for grant of MACPS benefits. It may be clarified that financial upgradations under MACPS would continue to be granted in the successive grade pay in the hierarchy of recommended revised pay band and grade pay as given in Section 1, Part-a of the first Schedule of the Railway Services (Revised Pay), Rules, 2008 and not in the promotional hierarchy, where functional promotion are allowed in the same Grade Pay, MACP benefits would also be regulated in the Grade Pay only.
Since, DoP&T is the nodal department on MACP Scheme and financial upgradation under the Scheme are regulated as per instructions/clarifications issued by them from time to time. In view of the above, it is not feasible to deviate from the instructions issued by the nodal deptt. on the subject viz. DoP&T.
Yours faithfully,
for Secretary/Railway Board
source- Airf
MACP ON PROMOTIONAL HIERARCHY
CAT CHANDIGARH WHILE DISPOSTING THE OA NO. 1405/CH/2013 & OA NO. 1676/HR/2013 HAS ORDERED THAT WHATEVER DECISION IS TAKEN IN THE PENDING WRIT PENTION/SLP IN HON’BLE HIGH COURT/HON’BLE SUPREME COURT, BOTH PARTIES WOULD BE ABIDE BY THE SAME, WHATEVER DECISION COMES FIRST, OUT OF BOTH CASES. COPY OF THE JUDGEMENT IS PLACED BELOW
We invite all the parties, filed cases in various courts and all the Unions/Association, who are suffering from the anomalous MACP to join us in the legal fight on grant of MACP on Promotional Hierarchy. The next date of hearing of SLP at Supreme Court is 16/12/2014. Please hurry! Join the extended meeting of the Steering Committee at New Delhi on 15/11/2014.
CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J)
HONBLE MS. RAJWANT SANDHU, MEMBER (A)
O.A No. 1405/CH/2013
1. Jaswant Singh S/o Sh. Inder Singh aged 56 years, Executive Engineer, Chandigarh Central Division No. 2, Central Public Works Department, Chandigarh.
2. Satya Pal Singh Saharan S/o Sh. Shamsher Singh, Executive Engineer (Electrical) Issar Project Electrical Division, Central Public Works Department, Sector 7-B, Chandigarh.
BY ADVOCATE: Sh. V.K. Sharma
APPLICANTS
VERSUS
1. Union of India through the Secretary to Government of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.
RESPONDENTS
BY ADVOCATE: Sh. Sanjay Goyal.
O.A No. 1676/HR/2013
1. Sh. Paramjit Saini, S/o Sh. Dev Raj Saini, Resident of 15/2-C, Rail Vihar, Sector 4, M.D.C. Panchkula.
2. Sh. Joginder Pal Singh, S/o Sh. Rulia Ram, working as EE in the office of Amritsar Central Division CPWD, Amritsar.
3. Sh. Darshan Singh Shaheed, S/o Sh. Bishan Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
4. Sh. Santokh Singh, S/o Sh. Ram Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
5. Sh. Jagjit Singh, S/o Sh. Saudagar Singh, working as AE in the office of Jalandhar Central Circle CPWD, Jalandhar.
6. Sh.Rakesh Kumar, S/o Sh. Madan Lal working as AE in the office of Amritsar Central Division CPWD, Amritsar.
7. Sh. Pritam Singh, S/o Sh. Harbans Singh, Resident of 649, Rishi Nagar, Near Shankar Garden Jalandhar.
8. Sh. Rajinder Kumar Wadhwa, S/o Sh. Arjun Dev Wadhwa, Resident of 341, Sector 25, Panchkula.
9. Sh. Pancham Chander, S/o Sh. Dhani Ram, age 60 years, R/o House No. 1771, Sector 7-C, Chandigarh.
10. Sh. Satish Chander, S/o Sh. Churangi Lal, working as AE in the office of CEN2I, CPWD, Kendriya Sadan, Chandigarh.
11. Sh. Jai Dev, S/o Sh. Vidya Ram Lal, working as AE in the office of Chandigarh Central Division, CPWD, Sector -7/B, Chandigarh.
12. Sh. Ashok Kumar, S/o Sh. Verinder Nath R/o Flat No. 410 Arwveli, GHS-36, Sector 20, Panchkula.
13. Sh. Madhav Surup, S/o Sh. Sujraj Parkash, R/o House No. 241, Vivaka Nand Park, Maqsadan, Jallandhar, Pin 144008.
BY ADVOCATE: Sh. K.B.Sharma, Advocate proxy for Sh. D.R. Sharma, counsel for the applicants.
VERSUS
1. Union of India through the Secretary to Government of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.
RESPONDENTS
BY ADVOCATE: Sh. Sanjay Goyal.
ORDER (ORAL)
HON’BLE MR. SANJEEV KAUSHIK, MEMBER (J):-
Both the cases involve identical facts and points of law and as such these have been taken up for final disposal by a common order. For the facility of convenience, facts have been taken from O.A. No. 1405/CH/2013 titled Jaswant Singh & Anr. Vs. U.O.I etc. This O.A has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
(a) Declare the provision of para 1 of the letter dated 19.05.2009 and para 2 of the Scheme to the effect that MACP is to be granted in next higher grade pay instead of pay band as redundant in view of the law laid by this Hon’ble Tribunal and as upheld by the Punjab and Haryana High Court in the case of Raj Pal Vs. Union of India and which has since been implemented by the concerned Department.
(b) Quash the action of respondents in not fixing pay of the applicants, while granting 3rd Financial upgradation under MACP, in the promotional pay band + grade of Superintending Engineer i.e. Rs. 37400-67000 + Grade Pay of Rs. 8700/- and instead fixing their pay only in next grade pay of Rs. 7600/- in the Pay Band of Executive Engineer is illegal, arbitrary, discriminatory harsh, void at initio and violative of provisions of Article 14 and 16 of the Constitution of India and cannot be sustained in eyes of law more so in view of decision taken in Raj Pal’s (supra).
(c) Issue direction to the respondents to fix the pay of applicants on grant of 3rd Financial upgradation in PB of Rs. 37400-67000 + Grade Pay of Rs. 8700/- i.e. of higher post of Superintending Engineer from due date with all the consequential benefits of arrears of pay and allowances with interest thereon @ 12 % from the date of actual payment and cost of the present petition.
(d) Any other order or direction deemed fit and proper in the facts and circumstances of the case to which the applicants are held entitled to may also kindly be issued in their favour.
2. On the commencement of hearing, learned counsel for the applicants submitted that a similar controversy with regard to the grant to MACP, as raised in the instant O.A. has already been put to rest by this Tribunal in the case of Raj Pal Vs. Union of India and Ors. as upheld by the jurisdictional High Court. Subsequently, in case of Babu Ram and Others Vs. U.O.I & Ors and in case of Tilak Raj Sharma & Ors. Vs. U.O.I. decided on 19.12.2013., this Tribunal had allowed the O.As on the basis of the decision rendered in case of Raj Pal (supra) but both these cases are pending for final adjudication before the higher courts. The former case is pending before the Hon’ble Supreme Court in SLP No.10435/2014 wherein impugned judgment dated 07.11.2014 passed by the Hon’ble High Court in CWP No. 24279/2013, has been stayed and the latter case is pending before the Hon’ble jurisdictional High Court. He submitted the present O.A may be disposed of in the terms that whatever, decision is taken in the pending Writ Petition and SLP in above cases, both the parties would abide by the same.
3. Sh. Sanjay Goyal, learned counsel for the respondents did not object to the disposal of the present O.A in the requested manner.
4. Considering the consensual agreement arrived between the parties and the aforementioned position that similar issue is pending before the highest Court, at this stage, we dispose of the present O.A with an understanding as reached between the parties that whatever decision is taken by the Hon’ble Supreme Court/ Hon’ble High Court in pending petitions, the parties would be abide by the same, whatever decision comes first, out of both cases.
5. With the observations and directions as above, these O.As stand disposed of with no orders as to costs.
We invite all the parties, filed cases in various courts and all the Unions/Association, who are suffering from the anomalous MACP to join us in the legal fight on grant of MACP on Promotional Hierarchy. The next date of hearing of SLP at Supreme Court is 16/12/2014. Please hurry! Join the extended meeting of the Steering Committee at New Delhi on 15/11/2014.
-TKR Pillai, Convener
Steering Committee
Mob No. 9425372172
e-mail: aiams08@gmail.com
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
Date of decision -29.10.2014CORAM: HONBLE MR. SANJEEV KAUSHIK, MEMBER (J)
HONBLE MS. RAJWANT SANDHU, MEMBER (A)
O.A No. 1405/CH/2013
1. Jaswant Singh S/o Sh. Inder Singh aged 56 years, Executive Engineer, Chandigarh Central Division No. 2, Central Public Works Department, Chandigarh.
2. Satya Pal Singh Saharan S/o Sh. Shamsher Singh, Executive Engineer (Electrical) Issar Project Electrical Division, Central Public Works Department, Sector 7-B, Chandigarh.
BY ADVOCATE: Sh. V.K. Sharma
APPLICANTS
VERSUS
1. Union of India through the Secretary to Government of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.
RESPONDENTS
BY ADVOCATE: Sh. Sanjay Goyal.
O.A No. 1676/HR/2013
1. Sh. Paramjit Saini, S/o Sh. Dev Raj Saini, Resident of 15/2-C, Rail Vihar, Sector 4, M.D.C. Panchkula.
2. Sh. Joginder Pal Singh, S/o Sh. Rulia Ram, working as EE in the office of Amritsar Central Division CPWD, Amritsar.
3. Sh. Darshan Singh Shaheed, S/o Sh. Bishan Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
4. Sh. Santokh Singh, S/o Sh. Ram Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
5. Sh. Jagjit Singh, S/o Sh. Saudagar Singh, working as AE in the office of Jalandhar Central Circle CPWD, Jalandhar.
6. Sh.Rakesh Kumar, S/o Sh. Madan Lal working as AE in the office of Amritsar Central Division CPWD, Amritsar.
7. Sh. Pritam Singh, S/o Sh. Harbans Singh, Resident of 649, Rishi Nagar, Near Shankar Garden Jalandhar.
8. Sh. Rajinder Kumar Wadhwa, S/o Sh. Arjun Dev Wadhwa, Resident of 341, Sector 25, Panchkula.
9. Sh. Pancham Chander, S/o Sh. Dhani Ram, age 60 years, R/o House No. 1771, Sector 7-C, Chandigarh.
10. Sh. Satish Chander, S/o Sh. Churangi Lal, working as AE in the office of CEN2I, CPWD, Kendriya Sadan, Chandigarh.
11. Sh. Jai Dev, S/o Sh. Vidya Ram Lal, working as AE in the office of Chandigarh Central Division, CPWD, Sector -7/B, Chandigarh.
12. Sh. Ashok Kumar, S/o Sh. Verinder Nath R/o Flat No. 410 Arwveli, GHS-36, Sector 20, Panchkula.
13. Sh. Madhav Surup, S/o Sh. Sujraj Parkash, R/o House No. 241, Vivaka Nand Park, Maqsadan, Jallandhar, Pin 144008.
BY ADVOCATE: Sh. K.B.Sharma, Advocate proxy for Sh. D.R. Sharma, counsel for the applicants.
VERSUS
1. Union of India through the Secretary to Government of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.
RESPONDENTS
BY ADVOCATE: Sh. Sanjay Goyal.
ORDER (ORAL)
HON’BLE MR. SANJEEV KAUSHIK, MEMBER (J):-
Both the cases involve identical facts and points of law and as such these have been taken up for final disposal by a common order. For the facility of convenience, facts have been taken from O.A. No. 1405/CH/2013 titled Jaswant Singh & Anr. Vs. U.O.I etc. This O.A has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
(a) Declare the provision of para 1 of the letter dated 19.05.2009 and para 2 of the Scheme to the effect that MACP is to be granted in next higher grade pay instead of pay band as redundant in view of the law laid by this Hon’ble Tribunal and as upheld by the Punjab and Haryana High Court in the case of Raj Pal Vs. Union of India and which has since been implemented by the concerned Department.
(b) Quash the action of respondents in not fixing pay of the applicants, while granting 3rd Financial upgradation under MACP, in the promotional pay band + grade of Superintending Engineer i.e. Rs. 37400-67000 + Grade Pay of Rs. 8700/- and instead fixing their pay only in next grade pay of Rs. 7600/- in the Pay Band of Executive Engineer is illegal, arbitrary, discriminatory harsh, void at initio and violative of provisions of Article 14 and 16 of the Constitution of India and cannot be sustained in eyes of law more so in view of decision taken in Raj Pal’s (supra).
(c) Issue direction to the respondents to fix the pay of applicants on grant of 3rd Financial upgradation in PB of Rs. 37400-67000 + Grade Pay of Rs. 8700/- i.e. of higher post of Superintending Engineer from due date with all the consequential benefits of arrears of pay and allowances with interest thereon @ 12 % from the date of actual payment and cost of the present petition.
(d) Any other order or direction deemed fit and proper in the facts and circumstances of the case to which the applicants are held entitled to may also kindly be issued in their favour.
2. On the commencement of hearing, learned counsel for the applicants submitted that a similar controversy with regard to the grant to MACP, as raised in the instant O.A. has already been put to rest by this Tribunal in the case of Raj Pal Vs. Union of India and Ors. as upheld by the jurisdictional High Court. Subsequently, in case of Babu Ram and Others Vs. U.O.I & Ors and in case of Tilak Raj Sharma & Ors. Vs. U.O.I. decided on 19.12.2013., this Tribunal had allowed the O.As on the basis of the decision rendered in case of Raj Pal (supra) but both these cases are pending for final adjudication before the higher courts. The former case is pending before the Hon’ble Supreme Court in SLP No.10435/2014 wherein impugned judgment dated 07.11.2014 passed by the Hon’ble High Court in CWP No. 24279/2013, has been stayed and the latter case is pending before the Hon’ble jurisdictional High Court. He submitted the present O.A may be disposed of in the terms that whatever, decision is taken in the pending Writ Petition and SLP in above cases, both the parties would abide by the same.
3. Sh. Sanjay Goyal, learned counsel for the respondents did not object to the disposal of the present O.A in the requested manner.
4. Considering the consensual agreement arrived between the parties and the aforementioned position that similar issue is pending before the highest Court, at this stage, we dispose of the present O.A with an understanding as reached between the parties that whatever decision is taken by the Hon’ble Supreme Court/ Hon’ble High Court in pending petitions, the parties would be abide by the same, whatever decision comes first, out of both cases.
5. With the observations and directions as above, these O.As stand disposed of with no orders as to costs.
(SANJEEV KAUSHIK)
MEMBER (J)
(RAJWANT SANDHU) MEMBER (A)
Dated: 29.10.2014
Source:http://aiamshq.blogspot.in/
DoPT Order 2013 – Modified Flexible Complementing Scheme – regarding qualifications for Scientists
No. AB.14017/44/ 2011-Estt. (RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi
Dated the 5th September, 2013
OFFICE MEMORANDUM
Subject: Modified Flexible Complementing Scheme – regarding qualifications for Scientists.
Reference is invited to the instructions on Modified Flexible Complementing Scheme for Scientists issued in this Department OM No. AB.14017/37/2008-Estt.(RR) dated 10th September, 2010 based on the recommendations of the 6th CPC. The guidelines prescribe the qualifications for Scientists as under :-
Scientists and Engineers
Persons who possess academic qualification of atleast Master’s Degree in Natural/Agricultural Sciences or Bachelors Degree in Engineering/Technology/Medicine and hold scientific posts defined in the guidelines.
2. References have been received in this Department seeking clarifications as to whether M.Sc. (Electronics) and M.Sc. (Applied Electronics) falls within the applicable qualifications of Modified FCS. The issue has been examined by this Department in consultation with Department of Science and Technology. It has been decided to include degrees of M.Sc (Electronics) and M.Sc. (Applied Electronics) as subjects under Engineering equivalent to Bachelor’s Degree in Engineering.
3. The Hindi version will follow.
(Mukta Goel)
Director (E-I)
Director (E-I)
Original Order :
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/AB.14017_44_2011-Estt-RR.pdf
MOD clarification dated 06.02.2014 for grant of 3rd MACP in Grade Pay Rs. 4600/-
MCM may be considered for third MACP in GP Rs.4600/- Ministry of Defence Order - Restructuring of Cadre of artisan staff in Defence Establishments in modification of Recommendations of 6th CPC – Clarification regarding:-
Ministry of Defence
D(Civ-I)
Subject: Restructuring of Cadre of artisan staff in Defence Establishments in modification of Recommendations of 6th CPC – Clarification regarding.
Reference Ministry of Defence ID note of even number dated the 23.07.2012 on the above mentioned subject. The entire matter has been reconsidered in consultation with the DOP & T and Department of Expenditure. Their advice in the matter is as under:
i) As per provisions of MACP scheme introduced w.e.f 01.09.2008 financial upgradation is admissible in the hierarchy of Grade Pay and placement of Highly Skilled workers (GP Rs.2400/-) as Master craftsman (GP Rs4200/-) is very much considered as ladder in hierarchy of Grade Pays . Ignoring the placement of Highly Skilled as Master Craftsman (non – Functional) will be deviating the provisions of MACPS. Hence placement of Highly Skilled worker as master craftsman (MCM) prior to 01.01.2006 would be offset against one up gradation for the purpose of grant MACP benefits.
ii)MCM being the feeder post to Charge man and since both these posts have identical pay band and Grade pay, financial upgradation under MACPS cannot be to a Grade Pay which is more than what is admissible in regularpromotion.
iii) Financial up gradations earned to non functional post of MCM is to be taken into account as 2nd financial upgradation in so far as MACPS is concerned.
iv) on ground (ii) above i.e whether MCM is the feeder post to Charge man is , prima facie a question of fact to be established by the administrative Ministry i,e Ministry Of Defence. The contention of the staff side in this matter that MCM is not a feeder post to Chargemen is therefore , may be resolved by Ministry of Defence itself.
2. As for the 1(iv) above , the matter has been considered in consultation with Defence Finance and it is further clarified that since the post of MCM was not in the hierarchy of artisan staff cadre upto 31.12.2005, the Highly Skilled workers / MCM who were already drawing the pay scale of Chargeman (RS.5000-8000) viz the promotion post up to 31.12.2005 under ACPS may be considered for further financial upgradations, if due, in the next Grade Pay (RS.4600/-) in the hierarchy of Grade Pay.
3. This issue with the concurrence of Defence Finance vide their I.D.No.01/AG/PB dated 5th Febraury 2014
Sd/-
(M.S.Sharma)
Under Secretary