Shiva Gopal Mishra
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
May 16, 2014
Department of Personnel & Training,
North Block, New Delhi
Sub:- Financial upgradation in the next promotional grade Hierarchy under MACP
Ref:- Your letter No. P-l3025/11/2014-AT dated 4.4.2014
Your letter No. P-26012/5/2011-AT dated 19.8.2013
[See also: Grant of MACP on Promotional Hierarchy only to petitioner on personal basis not the treated as a precedent
You have granted financial upgradation to Shri Rajpal in the Promotional hierarchy under MACP in compliance of direction of Hon’ble Central Administrative Tribunal Chandigarh Bench dated 31.5.2011 in O.A. No. 1038/CH/2010 Rajpal Vs UOI & Others.
You have treated it as a judgment in personum and not a judgment in rem so far as other employees covered under MACP are concerned.
Your plea is that SLP No. 7967/2013 filed by the Department / Government against the judgment of Hon’ble High Court Chandigarh in C W P No.l938/2011 was discussed on technical grounds and not on merit in this case. The ground wasinsufficient explanation given to condone the delay in refilling the SLP.
In this connection I may bring to your kind notice that Supreme Court in catina ofcases (i. e. G.C. Ghosh Vs UoI [(1992) 19 ATC 94 SC] dated 20.7.98) has ruled that decision taken in one specific case either by the judiciary or the Government should be applied to all identical cases (i.e similarly circumstanced) without forcing other employees to approach the Court of law for identical remedy or relief.
Since whether MACP should be granted to next promotional hierarchy or next grade pay hierarchy is a common issue applicable to all Government employees the decision in the case of Rajpal should be made applicable to all Government employees who are granted financial upgradation under MACP.
Since you have already granted MACP in next promotional hierarchy to Rajpal it has been absolute and has to be implemented in the case of all Government employees who are similarly placed under MACP.
I, therefore, request you to reconsider and suitably modify the MACP Scheme providing for financial upgradation in the promotional hierarchy.
(Shiva Gopal Mishra)
Copy to Shri Sadhu Singh, Member, National Council (Staff Side) – JCM Organizing Secretary / BPMS with reference to their letter No. BPMS/MACPS/ 64 (7/3/M) dated 5.5.2014 (received by mail)
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