Granting of Grade Pay hierarchy to UDC to the next promotional post of Assistants – Ministerial Staff Association

11)That it is found that the LDCs/UDCs who have completed 24 years service as on 31-8- 2008 (before the cut-off date of 1-9-2008), were have been granted the benefits of 2nd ACP in the pay scale of Rs.5000-8000. As such, these UDCs have been placed in the revised pay structure of PB-2 (Rs.9300-34800) + Grade Pay Rs.4200, the UDCs who have not got the 2 nd ACP prior to 31-8-2008 have been placed in PB-1(Rs.5200-20200)+Grade Pay Rs.2800 towards 2nd MACP and thus deprived of the said benefits without any justified reason. A tables showing the discrimination meted out to the incumbents in UDCs is furnished hereinunder :-

12)That further,UDCs have been granted 2nd Financial upgradation under the MACP Scheme Surveyor General’s Office under No.C- 1553_/1902-MACP-Ministerial(II) dated 8.3.2011 in the pay structure of PB-1 (Rs.5200-20200)+Grade Pay of Rs.2800 instead of granting the same in the PB-2 (Rs.9300-34800) +Grade Pay Rs.4200 which the next promotional grade (Assistant) w.e.f. 1-9-2008 or on completion of 20 years service counted from the direct recruitment grade (Entry date).

13) That in the mean time, a point was raised in the National Council (JCM) for grant of MACP in the hierarchy of promotional grade instead of hierarchy of the grade pay. After thread bare discussion in the Joint Committee of the National Council (JCM), it was decided that the Cadre/Department may represent for grant of the MACP or ACP Scheme which shall be beneficial to the incumbents in that cadre. The decision, in this regard, was taken in the Second Meeting of the Joint Committee on MACP held under the Chairmanship of Joint Secretary (E), DoP&T on 15-9-2010. The same was circulated under GOI. DoP&T’s OM No.11/1/2010-JCA dated 6-10-2010. An extract from the decisions on item No.1 – Provide Grade Pay of the Next Promotional Post under MACP.

14) That thereafter, the Third Meeting of the Joint Committee on MACP was held on 15-3-2011 and discussed the issue in the agenda item No.1,3,8,9 and 29 inter alia on Grant of Financial upgradation in the promotional hierarchy instead of Grade Pay hierarchy under MACP. An excerpt of the Minutes / decisions of the same circulated under DoP&T’s OM No.11/1/2010-JCA dated 20-4-2011 is furnished hereunder:-

“ The Staff side reiterated their demand that the financial upgradation under the MACP Scheme should be granted in the promotional hierarchy of posts instead of Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendation of the 5th CPC and , as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.

The Official Side stated that the 6th CPC recommended two financial upgradations in the Grade Pay hierarchy. However, the Government improved upon the recommendations of the 6th CPC and has implemented MACP Scheme with three financial upgradations in the Grade Pay hierarchy after 10, 20 and 30 years. Referring to earlier discussions held in the matter, the Official Side stated that the Government was willing to consider revision in para 13 of MACP Scheme to the effect that organizations/cadres shall have the option either to choose the ACP Scheme or the MACP Scheme. However, the Staff Side pointed out that such a dispensation will not be practical and hence there is a need to explore other alternatives to solve the issue. After discussion, it was agreed that there is no need to change basic structure of MACP Scheme. However, there is need to separately examine those cases where MACP Scheme is less advantageous than the ACP Scheme. Accordingly, it was decided that the Official Side will write to the Ministry of Railways, Defence, Urban Development, Home and the Department of Posts to forward the information in respect of the specific categories of employees where the MACPS is less advantageous than the erstwhile ACP Scheme. The Official Side also requested the Staff Side to collect and forward such information to the Department of Personnel and Training for further necessary action…”

15) That then, the point was again discussed in the Joint Committee on MACP held on 27-7- 2012. An extract of the Minutes of the said meeting on the agenda item No.1 Grant of MACP in the promotional hierarchy, is furnished hereunder:-

1. Grant of MACP in the promotional hierarchy.- “…. The Staff side stated that the employees who were in service prior to 1-1-2006 had the right to retain first two financial upgradations in the promotional hierarchy and the Government cannot alter the existing services conditions adversely. The Official side, however, sated that since MACPS is in supersession of earlier ACP Scheme, this cannot be agreed to. The Staff Side insisted that at least option be given to individual employees in this regard to facilitate him/ her to opt either ACP or MACP for availing benefit of financial upgradation. The Staff Side was insistent that either MACPS should be in promotional hierarchy or individual options should be given to the employees.

The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them.”

16) That thereafter, the further progress in the matter is not known.

17) That it is learnt that one employee named Raj Pal of CAT, Chandigarh designated as Photo copier, approached the Hon’ble CAT, Chandigarh Bench for grant of MACP in the hierachy in the anology of a similar post of Hindi Typist and filed OA No.1038/CH/2010 in the case of Raj Pal Vs.Union of India representaed by the Department of Personnel and Training and others. The Hon’ble CAT, Chandigarh in the order dated 31-5-2011 allowed the aforesaid OA and accordingly the said employee was granted MACP in the hierarchy of the promotional post of the comparable cadre i.e. Hindi Typist. Extracts of the aforesaid judgement of the Hon’ble CAT, Chandigarh is furnished as under:-

“13. It has been settled that the ACP would be granted on the completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typist, and not in the next higher scale in the recommended scales. The same principle would have to be applicable in regard to grant of MACP to the applicant. The only difference is that while in case of ACP two financial upgradations were granted on completion of 12 and 24 years of service, in case of MACP, three upgradations on the intervals of 10, 20 and 30 years of service.

15. Be that as it may, the principle enuniciated and settled by the Tribunal / High Court for grant of ACP cnnot be changed and the same principle would apply for grant of MACP to him. The only difference is of number of years is required to be completed. We find no justification to take a different view in the matter.

16. For the foregoing reasons, the impugned order dated 9-8-2010 (Annexure A-1) qua the applicant, fixing his pay in PB-1 with grade pay of Rs.2400/- under the second MACP, and the order dated 9-8-2010 (Annexure A-2) are hereby quashed and set aside. Consequently, the respondents are directed to grant second financial upgradation to the applicant under the MACPS from due date fix his pay in the hierarchy of posts decided in his case earlier and to pay the resultant arrears without interest within a period of 2 months from the date of receipt of a copy of this order….”

18) That thereafter, the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M). The Hon’ble High Court of Punjab and Haryana at Chandigarh, in the order dated 19-10-2011, dismissed the CWP and issued orders at page 5 and 6 of the same, which reads as under:-

“… An order adversely affecting an employee in terms of grant of financial upgradations had already been passed which entailed civil consequences and as such CAT has rightfully proceeded to adjudicate for the petitioners to the effect that the earlier scheme of ACP stood superseded by MACP Scheme is being noticed only to be rejected. The entire objective of introduction of ACP/MACP Scheme is to alleviate 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 such circumstances that a financial incentive is sought to be granted to an employee upon completion of a certain number of years of service on the same post. Under the ACP Scheme of 1999, the financial upgradations were to be granted upon completion of 12 years and 24 years of regular service whereas under the MACP Scheme such financial upgradations are envisaged upon completion of 10, 20 or 30 years of service, the contention raised on behalf of the petitioners if accepted would defeat the very objective for which such Schemes have been introduced.”

“We find no infirmity in the order dated 31-05-2011 passed by CAT in OA No.1038/CH of 2010. The petition stands dismissed.”

19)That then the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble Supreme Court by way of filing SLP (SLP No.cc 7467/2013) challenging the order dated 19-10-2011 in CWP No.19387 of 2011 of the Hon’ble High Court of Punjab and Haryana at Chandigarh. The Hon’ble Supreme Court has dismissed the aforesaid SLP in the order dated 15-4-2013.

Photo copies of the aforesaid Court orders are enclosed herewith as Annexure-2 for favour of your kind perusal please.

20)That in the meant time, one Sanjay Kumar, UDC and 18 other UDCs of the Central Government under the Ministry of Defence who are in the pay structure of PB-1(Rs.5200- 20200)+Grade Pay Rs.2400 have approached the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 with the prayer for grant of 2nd MACP in the hierachy of promotional post i.e. Assistant in the PB-2 (Rs.9300-34800)+Grade Pay Rs.4200. The Hon’ble CAT, Principal Bench, New Delhi, in the order dated 26-11-2012, in the aforesaid OA relied upon the decision dated 19-10-2011 passed by the Hon’ble High Court of Punjab and Haryana at Chandigarh and in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010, allowed the OA and issued orders as under :-

“7. In our considered view, the present OA is squaely covered by the aforesaid judgement of Chandigarh Bench, as upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh.

8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. Of Personnel and Training, in the case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission. In the hierarchy, after the scale of UDC the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy, namely,the Assistants carrying the pay scale of Rs.9300-34800 and the grade pay of Rs.4200.

9. In view of above position, the OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34800 with grade pay of Rs.4200 attached to the said promotional post of Assistant / OS from the due date to the applicant.

10. The aforesaid direction shall be complied with within the period of two months from the date of receipt of a copy of the order, subject to the other conditions mentioned in the MACP Scheme.”

A photo copy of the aforesaid order dated 26-11-2012 issued by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 in case of Sanjay Kumar, UDC and 18 others is enclosed herewith as Annexure-3 for your ready reference please.

21) That the UDCs and other Ministerial Staff in Survey of India are similarly situated with the applicants of the aforesaid OAs in the matter of grant of MACP in the hierarchy of promotional post as such the MACP in case of UDCs and other Ministerial Staff may kindly be considered in the light of the spirit contained in the aforesaid judicial pronouncements which has attained its finality.

2. In view of the facts and circumstances submitted above, it is respectfully requested that necessary orders may kindly be issued to grant of the benefits of financial upgradations under MACP to LDC, UDC and Assistant etc. in their respective promotional hierarchy from their due date in the light of the decision passed by the Hon’ble CAT, Principal Bench, in the order dated 26- 11-2012 in OA No.904/2012 in case of Sanjay Kuamr, UDC and others Vs. Union of India and others read with the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 the order dated 19-10-2011 upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and order dated 15-4-2013 passed by the Hon’ble Supreme Court in SLP No.cc- 7467/2013 in this regard, in which act of your kindness, I shall be ever grateful to you.

Thanking you,

Annexure-1

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ASSISTANT /HEAD CLERK Gp.B-(NON-GAZETTED) – 286 Pay scale Rs.1400-2300 (Fourth CPC) Pre-revised pay scale Rs. 5000-8000 (Fifth CPC) Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4200 (Sixth CPC) (2ND Promotional Grade)

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UPPER DIVISION CLERK (UDC) Gp.C-(NON-GAZETTED) – 545 Pay scale Rs.1200-2040 (Fourth CPC) Pre-revised pay scale Rs. 4000-6000 (Fifth CPC) Revised PB-1(Rs.5200-20200)+Grade Pay of Rs.2400 (Sixth CPC) (1st Promotional Grade)

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