Implement Court verdict in favour of Non-petitioners for grant of MACP on Promotional Hierarchy: BPMS

Implementation of Court verdict in favour of Non-Petitioners to avoid unnecessary litigation: Granting of 01st MACP in GP 2400/- to Skilled employees of MOD – BPMS writes to MoD

REF: BPMS / MOD / MACP / 64 (7/3/M)

Dated: 27.05.2015


The Secretary,
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.

Respected Sir,

With due regards, it is submitted that this federation has raised the issue for extension of judicial pronouncements to similarly placed non-petitioner employees as Agenda Point No. 03 in the Steering Committee meeting for the 90th Departmental Council (JCM) held on 01.08.2014 and the Minutes of the meeting circulated vide letter cited under reference states that the staff side will submit a fresh proposal on each issue to re-examine the case.

Hence, your attention is invited to CAT Allahabad Bench’s decision (dated 29.04.2015) in O.A. No. 331/00013 of 2014 (Laxmi Narayan Saxena vs Union of India) wherein the CAT has issued following directives:

    “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.”
It is worth to mention here that with the approval of Additional Secretary (R), vide MOD ID No. 18 (2)/2014-D(JCM), dated 09.12.2014, all the concerned have been directed that wherever feasible, the grievances of the similarly placed employees about service matters shall be resolved through administrative channels which would help in reducing unnecessary litigation as well as resentment amongst employees. Further, vide MOD ID No. 5(2)/2014/D(Coord/DDP), dated 26.06.2014, all the concerned have been directed to resolve the issues at the lower levels to avoid un-necessary litigation being filed by the employees. 
In such circumstances, it is requested to issue necessary directives to the concerned authorities so that non-petitioner Skilled employees of MOD may be granted the financial upgradation in the grade pay of Rs. 2400/- as 1st MACP on completion of 10 yrs regular service.

Thanking you.

Sincerely yours,
General Secretary

Enclosed: Photocopy of the CAT Judgement

Copy to:
The DGOF & Chairman,
Ordnance Factory Board,
10 A, S K Bose Road,
Kolkata – 700001
 – with request to take appropriate action in this regard

Source: http://bpms.org.in/documents/skilled-m2sw.pdf

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