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Grant of MACP on Promotional Hierarchy in view of CAT Judgement: Indian Ordnance Factories Gazetted Officers Association letter to authorities

Grant of MACP on Promotional Hierarchy in view of CAT Judgement: Indian Ordnance Factories Gazetted Officers Association letter to authorities:-

FOUNDED ON 19-08-1994

Dated. 16/05/2014

The DGOF & Chairman
Ordnance Factory Board
10-A, S. K. Bose Road,
Kolkata-700 001 (W.B.)
Sub: Implementation of Hon ’ble Principal CAT Judgment dtd: 01/05/2014 in OA No-1493/2014 Filed by IOFGOA for grant of MACP in the hierarchy of promotional posts after completion of 10, 20, and 30 years of service.

Ref: ( 1). Our representation to OFB vide No: IOFGOA/NE/SAH MACP/ 2013 Dt 30/ 10/2013.
(2). Our Representation to OFB vide No: IOFGOA/NE/SAF/MACP/2014 Dtd: 26/03/2014.
(3). Our Representation to OFB vide No:IOFGOA/NEHQ/SAF/2014 dtd:18/04/2014.
(4). Hon’ble Principal CAT Judgment dtd: 01/05/2014 in OA No. 1493/2014 filed by IOFGOA (certified copy enclosed)

Respected Sir,

With reference to Implementation of Hon’ble Principal CAT Judgment dtd: 01/05/2014 for grant of MACP in the hierarchy of promotional posts after completion of 10, 20 and 30 years of service the following is submitted for needful action within stipulated time please.

(1). Indian Ordnance Factories Gazetted Officers Association (IOFGOA) has been representing vide ref-1, 2 & 3 for grant of MACP in the hierarchy of promotional posts after completion of 10, 20, and 30 years of service to its members in light of the various court orders. Due to non implementation of the same in Ordnance Factories IOFGOA filed a suit in Hon’ble Principal CAT vide PT-17/2014 converted in to OA-1493/ 2014.

(2) Hon’ble Principal CAT has passed its Judgment on 1“ May 2014 vide ref-4 in Our OA No-1493/2014 to grant MACP In the hierarchy of post with direction to DGOF Chairman/OFB to implement the same within a period of 3 months. In the judgment dated 1“ May 2014 in OA-1493/2014 Hon’ble Principal CAT has directed DGOF Chairman/OFB to take final decision within 3 months considering the order of Hon’ble Pricipal CAT passed in OA No: 864/2014.

(3) A certified copy of the Judgment dated 1“ May 2014 in OA No-1493 has been received in OFB on 15"‘ May 2014 in its record section and in its NG Section. However another certified copy of the same is enclosed herewith with as ANNEXURE-1 for implementation please. The operative part of the judgment is reproduced below for ready reference please.

“QUOTE: In an other OA No:864/2014 Shri Om Prakash & others v. Secretary(NCERT) decided by this Tribunal the following directions were issued.

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.

In view of the above position, we dispose of this all 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 Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7-167/2013(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‘.UNQUOTE.”

QUOTE: The respondents be directed to dispose the long pending matter and to take final decision after considering the afore noted order of this Tribunal. UNQUOTE.”

QUOTE: We agree with the arguments of the learned counsel for both parties and accordingly direct the respondents to consider the applicants representation in light of the related instructions and the scheme of MACP, and while doing so shall also keep in view the afore noted order of this Tribunal . Respondents shall thereafier , pass a reasoned and speaking order to be communicated to the applicants within a period of three months from the date of receipt of a copy of this order. Any consequential action arising out of the aforesaid decision taken by the respondents on the representation shall be regulated within a further period of eight weeks from the date of decision. OA is disposed with aforesaid direction. UNQUOTE."

(4) It is also very much pertinent to mention that Hon,ble CAT Chandigarh has already implemented the MACP in hierarchy of post for its own employees as per the existing orders passed by Hon,ble High Court Chandigarh & Supreme Court. After implementation of the same by Hon’ble CAT Chandigarh there is no matter to think more in implementation by any other Department. A copy of the Implementation order of Hon,ble CAT Chandigarh No. 28/4/ 2009-Estt/ 1978, Dt. 07.02.2014 is enclosed herewith as ANNEXURE-2. for reference please.

(5). Prayer:

1. It is requested that OFB may please implement the order dated 15‘ May 2014 in OA No-1493 passed by Hon’ble Proncipal CAT and issue instruction to all Ordnance Factories/ Units under OFB at the earliest to grant MACP in the hierarchy of Post after completion of 10, 20 & 30 years of service.

2. It is also requested that the same be implemented for all entitled in Ordnance Factories Organization because this case was filed by a cadre representing Association IOFGOA in larger interest of the employees.

3. It may please be implemented within three months from 15/05/2014 because the order is to be implemented within three months of receipt of the order and the order has been received in Record & NG both sections of OFB on 15/05/2014.

Submitted for timely implementation please.

With Profound Regards,
Sincerely Yours
(S. B. Chaubey)
General Secretary/IOFGOA

Copy to:

  1. Honorable Raksha Mantri Govt. of India, South Block, New Delhi-110 011
  2. Honorable Raksha Rajya Mantri, Govt. of India, South Block, New Delhi-110 011
  3. Secretary, Ministry of Defence, Govt. of India, South Block, New Delhi-110 011
  4. Secretary, Personnel, Public Grievances & Pensions (PPG&P), Govt. of India, Room No-112, North Block, New Delhi - 110 001.
  5. Secretary, Defence Production, Ministry of Defence, Govt. of India, South Block, New Delhi-110 011
  6. Secretary, Expenditure, Ministry of Finance, Deptt. of Expenditure, Govt. of India, North Block, New Delhi
  7. Jt. Secretary/P&C, Defence Production, Ministry of Defence Govt. of India, South Block, New Delhi- 110 011
  8. DDG/Admin, OFB, 10-A, S.K. Bose Road, Kolkata-01
  9. DDG/IR & NG, OFB, 10-A, S.K. Bose Road, Kolkata-01
  10. Dy. Secretary(P), Defence Production, Ministry of Defence Govt. of India, B-Wing, Sena Bhawan New Delhi-110 011
  11. Director/IR, OFB, 10-A, S.K. Bose Road, Kolkata-01
  12. Director/NG, OFB, 10-A, S.K. Bose Road, Kolkata-01
  13. Under Secretary]D(Esttablishment-Gazetted) Govt. oflndia, B-Wing, Sena Bhawan New Delhi-110 011
  14. General Secretary] CDRA & Member-JCM-II-MOD and JCM-I96-Defence Apartment, 17-Paschim Vihar, Rohatak Road, Delhi-87 
  15. Leader/Staff Side-JCM-III-OFB & JCM-II-MOD and Member JCM-I-GOI C/o Ordnance Clothing Factory, AVADI-600 54 (TN)
  16. Secretary/Staff Side-JCM-III-OFB & JCM-II-MOD and Member-JCM-I-GOI No.-6, Sixth street, Vaishanavi Nagar, RCC Post, Chennai-600 054 (TN)
  17. General Secretary/AIANGOs & Member-JCM-III-OFB C/o Field Gun Factory, Kanpur-2008 009.
Copy of above letter has published by Shri TKR Pillai on his blog [http://aiamshq.blogspot.in/2014/09/indian-ordnance-factories-gazetted.html] with following message:-

Indian Ordnance Factories Gazetted Officers Association writes to Government

Indian Ordinance Factories Gazetted Officers Association (IOFGOA)had written a letter (given above) to the Government in view of the CAT Principle Bench New Delhi judgment dated 01/05/2014, directing the Government to implement MACP on promotional hierarchy within 3 months from the date of the judgment. Since the Government has not taken any action on the matter so far the Association has filed contempt of Court and the next date of hearing of the case is 11/11/2014.

As regards the SLP filed against Shri Babu Ram & Ors, according Shri S B Chaubey, General Secretary, his Association has decided to bear the expense of one Advocate to defend the case in Supreme Court. 
-TKR Pillai, GS

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Central Government Employee News and Tools: Grant of MACP on Promotional Hierarchy in view of CAT Judgement: Indian Ordnance Factories Gazetted Officers Association letter to authorities
Grant of MACP on Promotional Hierarchy in view of CAT Judgement: Indian Ordnance Factories Gazetted Officers Association letter to authorities
Sub: Implementation of Hon ’ble Principal CAT Judgment dtd: 01/05/2014 in OA No-1493/2014 Filed by IOFGOA for grant of MACP in the hierarchy of promotional posts after completion of 10, 20, and 30 years of service.
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