REF: BPMS / MOD / MACP / 64 (7/3/M)
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011
Subject: Implementation of Court verdict in favour of Non-Petitioners to avoid Unnecessary litigations: Granting of 01st MACP in GP 2400/- to Skilled employees of MOD.
- “19. In our considered view, the present O.A. is very similar in principle to OA. No. 904 of 2012 decided by CAT PB New Delhi by an order dated 26.11.2012. While deciding the O.A., the Hon’ble Principal Bench has discussed another similar O.A. considered by Chandigarh Bench of this Tribunal namely O.A. No. 103/03-88/2010 Rajpal S/o Tilak Ram Vs. Union of India and Ors. Hon’ble Principal Bench has also taken note of the fact that the judgement of the Hon’ble Chandigarh Bench has been upheld by the Hon’ble High Court of Punjab and Haryana in C.W.P No. 19397/11 by the decision dated 19.10.2011. The ratio laid down by the Hon’ble Principal Bench while deciding the O.A. NO. 904/2012 is the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy (para 8 of the order dated 26.11.2012). While upholding this decision of the Principal Bench, the Hon’ble High Court of Punjab and Haryana has observed as follows:-
- The entire objective of the introduction of the A.C.P/M.A.C.P Scheme is to elevate stagnation as regards an employee, who has a number of regular years of service on the same post without any avenue of promotion. It is under such circumstances that a financial incentive is sought to be granted to an employee upon completion of a certain number of years of service of the same post. Under the A.C.P scheme of 1999, the financial upgradation were to be granted upon completion of 12 years and 24 years of regular service whereas under the M.A.C.P Scheme such financial upgradations are envisages upon completion of 10,20 and 30 years of service. The contentions raised on behalf of the petitioner (employers) if accepted would defeat the very objectives for which such scheme have been introduced.
- 20. Since the respondents have failed to address the grievances of the applicants even after a protracted period of over four years, it is only legitimate for this Tribunal to intervene in the matter by allowing the O.A. The respondents are, accordingly, directed to grant the 1st Financial Upradation to the applicants in pay band-1 Rs.5200-20200 grade pay Rs.2400/- from the date that they have completed 10 years of regular service as prescribed under Rules. These directions shall be complied with within a period of two months from the date of receipt of a certified copy of this order subject to other conditions mentioned in the M.A.C.P Scheme.”
Enclosed: Photocopy of the CAT Judgement
The DGOF & Chairman,
Ordnance Factory Board,
10 A, S K Bose Road,
Kolkata – 700001
– with request to take appropriate action in this regard
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