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MACP on Promotional Hierarchy: List of Court Cases filed in Various Court

List of Important Court Cases filed in various court for grant of Modified Assured Career Progression (MACP) on Promotional Hierarchy instead of Grad

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List of Important Court Cases filed in various court for grant of Modified Assured Career Progression (MACP) on Promotional Hierarchy instead of Grade Pay Hierarchy in contention of Sixth CPC’s recommendations  is given below.  Many judgement on this matter is also available on this website.  Undermentioned list was published by Sh. TKR Pillai, General Secretary, AIAAS(NZ) on his blog http://aiamshq.blogspot.com as image.  The text of images are reproduced below for readers of https://staffnews.in/ :-

SL O.A.No., CWP.No. SLP Civil (CC) No  Parties Date of Order Name of court Remarks

RAJPAL Vs UoI & Others

1 OA No.1038/CH/2010 (Advocate : Mr.
V.K.Verma)
Raj Pal s/o Tilak Ram, CAT, Chandigarh 31.5.2011 CAT, Chandigarh. OA is allowed for grant of MACP in the
hierarchy of Promotional post.
2 CWP No.19387 of (O&M)(Advocate :
D.K.Bhisnoi)
Union of India represented by DoP&T and
others Vs. Raj Pal and another.
19.10.2011 High Court of Punjab and Haryana at 
Chandigarh
Order dated 31-5-2011 of Hon’ble CAT,
Chandigarh is upheld. CWP filed by Respondents dismissed.
3 SLP No.cc-7467 of 2013 against order
dated 19-10-2011 of the Hon’ble High Court
Union of India represented by DoP&T and
others Vs. Raj Pal and another.
15.4.2013 Supreme Court of India SLP filed by the Union of India is
dismissed


SANJAY KUMAR & Ors Vs UoI
& Ors

4 OA No.904/2012 (Mr. M.K.Bhardwaj) Sanjay Kumar, UDC and 18 others Vs. UOI
nted by Ministry of Defense and others.
26.11.2012  CAT, Principal Bench, New Delhi. OA is allowed for grant of MACP in next
promotional post i.e. Assistant in PB-2+Grade Pay Rs.4200.
5 W.P.(C) 4552/2013 [PENDING] (Mr. M.K.
Bhardwaj)
UNION OF INDIA Vs. SANJAY KUMAR & ORS. Delhi High Court Hearing Date Court No. 5
Next Date: 04/09/2014

M V Mahanan Nair Vs UoI & Ors

6 OA No.816/12 M.V.Mohanan Nair, S/o M.R.Vishwanathan
Nair, Photocopier CAT, Ernakulam Bench & others Vs Union of India
29.1.2013 CAT, Principal Bench Ernakulam Bench OA is allowed for consideration of MACP
in the hierarchy of promotional post.
7 OP(CAT). NO.2000 OF 2013 (Z) UOI &  ORS. .Vs. M.V. 
MOHANAN NAIR 
24.06.2013 High court of Kerala at Ernakulam In the result, this original petition
is dismissed in limine
8 Special Leave Petition (Civil) 21803 OF
2014
UOI & ORS. .Vs. M.V. MOHANAN NAIR Supreme Court of India  PENDING
9 OA No.1798 of 2014 Advocate : Shri
Yogesh Sharma
Mahendra Kumar Dubey, S/o Sh. R.D.
Dubey, Working as Programme Executive, In Doordarsan Kendra, Delhi VS
UOI through the Secretary, Ministry of lnformation & Broadcastin
22.05.2014 Cat Delhi OA is allowed for consideration of MACP
in the hierarchy of promotional post within a period of one month

KISHAN SWARUP SHARMA Vs SECRETARY, MINISTRY OF
AGRICULTURE

10 OA No.2548/2014 MA No.2167/2014
(Advocate : Shri M.K.Bhardwaj
Kishan Swarup Sharma, working as PPO(E),
Meerut & 28 others V/S Secretary, Ministry of Agriculture,
31.07.2014 CAT, New Delhi OA is allowed For consider the case of
the applicants in the light of the aforesaid orders

PRADEEP KUMAR Vs
SECRETARY MIN. OF INFORMATION & BROADCASTING

11 OA No.988 of 2014 MA No.872 of 2014
(Advocate : Shri M.K. Bhardwaj
Pradeep Kumar. AE (C) Rohini, Delhi &
20 others VS Secretary, Ministry of Information & Broadcasting, Shastri
Bhawan. New Delhi
22.03.2014 CAT. New Delhi 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 Haryana High 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.
12 O.A. No. 1834/2014 Advocate: Shri
Yogesh Sharma.
Mohd Hamid  Hussain, Working as
APRO (Defence), Sr.Grade Group B Officer In the office of: DPR, Ministry
of Defence New Delhi- & 34 others VS UOI through the Secretary, Ministry
of Information and Broadcasting,
23.05.2014 Central Administrative Tribunal
Principal Bench New Delhi
In view of the aforesaid submission
made by the applicants and the documents available on record. we dispose
of this OA at the admission stage itself with a direction to the
respondents to consider the case of the applicants in terms of the
aforesaid orders within a period of
two months from the date of receipt of a copy of this order. if the
applicants are similarly placed, they shall also be treated alike

OM PRAKASH Vs SECRETARY, NCERT

13 OA 864/2014 Advocate: Shri M.K.
Bhardwaj)
Shri Om Prakash NCERT, New Delhi 
VS Secretary (NCERT)  New Delhi
12.3.2014 Central Administrative Tribunal
Principal Bench, New Delhi
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 Haryana High 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 cop of this order.
14 W.P.(C) 3608/2014 NCERT,New Delhi VS Shri Om Prakash &
others
14.07.2014 High court of Delhi  at New Delhi CWP filed by Respondents dismissed.

BABU RAM VS UoI

15 O.A. 1281/CH/2012 ADVOCATE: SHRI ROHIT
SETH
Sh. Babu Ram, working as Upper Division
Clerk, working in the Central Administrative Tribunal, opposite Shivalik
View Hotel, Sector 17, Chandigarh VS UOI
09.05.2013 CAT CHNDIGARH BENCH   allow this OA in terms of the
view obtained in terms of the view obtained in the OA. 1038/CH/11and the
judgments (Annexures A-11 to A-13). The compliance of the order must
ideally come about within two months from the date a copy of this order
is presented in the office of the competent authority.
16 CWP No. 24279 of 2013 U.O.I. .Vs. BABU RAM & ORS. 07.11.2013 HIGH COURT OF PUNJAB & HARYANA see order of even date passed in CWP
No.24278 of 2013 (UOI and another versus Smt.Reeta Devi and another
17 Special Leave to Petition (Civil)10435
OF 2014
U.O.I. .Vs. BABU RAM & ORS Supreme Court of India Pending

DHIRENDER SINGH & Ors Vs
UoI

18  Civil Writ Petition No.24253 of
2013 Date of Decision:
U,O.I. .Vs. DHIRENDER SINGH & ORS. 07.11.2013 High Court Of Punjab & Haryana At
Chandigarh
For orders, see order of even date
passed in CWP No.24278 of 2013 (Union of India and another versus Smt.
Reeta Devi and another).
19 Special Leave to Petition(Civil)….
10436 OF 2014
U.O.I. .Vs. DHIRENDER SINGH & ORS. Supreme Court of India Pending
20 O.A. 12/CH/2013 By Advocate: Mr.Madan
Mohan
Smt. Reeta Devi, Senior Library
Attendant, CAT Bench.  Chandigarh. Versus Union of India
22.05.2013 Cat Chandigarh Bench After going through the judgment passed
in the case of Raj Pal (supra), we are in full agreement with the 
learned counsel for the parties. Accordingly, the present original
application is allowed in same term as of Raj Pal (supra). 
Consequently, we quash the orders at Annexures A-1 & A-2. The
respondents are further directed to grant the benefit of 2nd MACP in the
pay band of Rs.9300-34800 with grade pay of Rs.4600/- from 1.3.2009
(which is the pay scale of next post in the hierarchy).  The
respondents are directed to comply with the judgment within a period of
three months from the date of receipt of a copy of this order.
21. CWP No. 24278 of 2013 Union of India VS Smt. Reeta Devi, &
and others
07.11.2014 High Court Of Punjab &Haryana CWP filed by Respondents dismissed
22 Special Leave Petition(Civil) 22181 OF
2014
U.O.I. & ORS. Vs. REETA DEVI Supreme Court of India pending

NARAYAN KALITA Vs UoI

23 O.A. No. 040/00052/2014 Narayan Kalita CPWD Guwahati VS UOI
Represented by Secretary GOI, Ministry of Urban and Develoment
Date of  order 25.06.2014 Date of
Delivery of Order 7.8.2014
CAT Guwahati Bench OA is allowed. for grant of MACP in the
hierarchy of Promotional post.  Respondent is directed to grant
scale of pay (PB-3) of Rs. 15600-39100 + Grade pay 6600/-
24 OA( 1727/2014)  was filed by CPWD
Engineers‘ Association in regarding MACP as per promotional hierarchy on
19.5.2014
CAT, Principal Bench, New Delhi on next date of its hearing has been fixed
by CAT on 24/09/2014
25 case filed by the Junior Clerks of 
Railway -OA
No. 1509 of
2013
CAT Kolkata  next date of its hearing has been
fixed by CAT on 8th Dec. 2014
Besides, dozens of cases demanding granting MACP on promotion
hierarchy have been filed in various CAT of the country. It has come to know
that around 20 cases have been filed in CAT Kerala Ernakulam bench itself. Thus
the list as given above is not the full picture of the cases filed on the
subject so far.

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COMMENTS

WORDPRESS: 6
  • A D Dharmàdhikari 1 year ago

    Would u kindly intimate me whether promotion of postal Department from Postman to clerical cadre after qualifying Departmental competative exam. comes under the concept of promotional hairarchy.

  • Anonymous 2 years ago

    National institute of Health and Family Welfare (NIHFW), Munirka, New Delhi-110067; an autonomous body of the Union Ministry of Health & Family Welfare doesn't follow the DoPT OMs issued from time to time on the matter of Cadre Review which specifically emphasise on isolated posts to get rid of stagnation. It hasn't conducted any cadre review since 1997. Here, an MTS can go up to the level of Section Officer (MTS-LDC-UDC-Asst.-SO), but there are some officials who join the organisation at entry-level Group-B isolated technical posts, don't have any hierarchy through out their career.

  • Anonymous 4 years ago

    Sir, The department who files on appeal against the winning of an employee in Hon'ble CAT the filing officer should pay from his earning not on the dept expenses, because the spending our own tax money against us.

  • Anonymous 4 years ago

    when the MACP on promotional Hierarchy won by Hon'ble CAT & High court it should be implemented which is stated by Hon'ble DOPT – MOS in Loksabha.

  • Anonymous 6 years ago

    One more case on MACP is pending in CAT(PB) New Delhi O.A. No.3374/2014. Next date of hearing is on 2/11/2015

  • Hotchpotch in grant of financial up gradation under revised MACP scheme for Survey stream professionals at GSI, NR, Lucknow has put them in fix. Absence of adequate knowledge, immunity towards directives of superior authorities, stubborn and biassed mindset has been main hindrance to resolve the deadlocked situation. Grant of due financial benefits under revised MACP scheme at all the offices of Geological Survey of India, barring Northern Region office is just exposure of administrative fallacy.