According to the current MACP rules, benefits under the MACPS cannot be given in the promotional hierarchy and must instead be granted in the standard hierarchy of Grade Pay/Pay Levels in the Pay Matrix.

Latest MACP orders from DoPT

F.No .22034/4/2020-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

OFFICE MEMORANDUM

North Block, New Delhi -110001
Dated: 05th April, 2021

Subject: Order of Hon’ble Supreme Court of India dated 05.03.2020 in SLP (C) No.21803/2014 Uol Vs. M.V. Mohanan Nair & Ors. regarding benefits in the promotional hierarchy under MACP Scheme – other issues arising out of Order dated 05.03.2020 – regarding.

The undersigned is directed to refer to this Department’s O.M. of even number dated 23.03.2020, which was issued as per Order dated 05.03.2020 of the Hon’ble Supreme Court of India in SLP (C) No.21803/2014, UoI Vs. M.V. Mohanan Nair & Others wherein the Hon’ble Apex Court had held that benefits under the Modified Assured Career Progression Scheme (MACPS) cannot be granted in the promotional hierarchy and that it would be in the standard hierarchy of Grade Pay/Pay Levels in the Pay Matrix as per the existing MACP guidelines.

MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

2. The Hon’ble Apex Court, in para 53 of aforementioned Order dated 05.03.2020, further directed that some anomalies, which were brought before the Joint Committee, constituted in the Department of Personnel & Training (DoP&T) to examine the MACPS, as indicated in paras 47 to SO of the Order dated 05.03.2020, be considered as deemed appropriate, and a decision was taken in accordance with the law.

3. Accordingly, in compliance with the directions of Hon’ble Apex Court, as indicated in paras 47 to 50 of the Order dated 05.03.2020, the issues arising out of deliberations of the Joint Committee constituted to examine the MACP Scheme, and which were not finally disposed of, have been examined in consultation with Department of Expenditure. It is also to be noted that revised guidelines on MACPS, as per recommendations of the 7th CPC, have been issued vide DoP&T’s OM No.35034/3/2015-Estt.(D) dated 22.10.2019.

4. The decisions taken on these issues, item-wise, are as follows:

Item No. 1: To provide Grade Pay of the next promotional post under the MACPS (Item No.1 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Item No. 2: Anomaly on the introduction of the MACPS – Option may be given to the employees to continue in the old ACP Scheme even after 01.09.2008 (Item No. 8 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Item No. 3: Continuation of the ACP Scheme beyond 31.08.2008 by giving an option to choose either benefit under the ACPS or the MACPS, whichever is more beneficial (Item No.3 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: The issue of grant of benefits in the standard hierarchy of Grade Pays/Pay Levels as per the MACPS guidelines has already been settled by the Hon’ble Apex Court in its Order dated 05.03.2020. Moreover, the matter of replacement of the ACPS with MACPS has also been settled by the Apex Court. As such, as clarified to the staff side vide letter dated 4.11.2013, the solution lies in cadre review to address issues relating to stagnation. Therefore, the demands of the Staff Side for grant of benefits in the promotional hierarchy or continuation of the ACPS beyond 31.08.2008 by giving the option to either choose between ACPS or MACPS, whichever is more beneficial; cannot be agreed to. Hence, action on these items is treated as closed.

Item No. 4: Revision of date of introduction of the MACPS (Date of Effect) – Date of effect of the MACPS to be made as 01.01.2006, instead of 01.09.2008 as provided in the scheme (Item No.2 of Minutes of the meeting of Joint Committee held on 27.07.2012).

Decision: The issue is presently sub-judice before the Hon’ble Apex Court in SLP Nos. 10811- 10813/2018 in the matter of Uol Vs. Ranjit Samuel. Hence, no decision can be taken at this stage. As and when the main and tagged cases are disposed of by the Hon’ble Apex Court, the decision would be communicated to all Ministries/ Departments.

Item No. 5: Applicability of the MACPS to Group ‘D’ employees who have been placed in the Grade Pay of Rs.1800/- in PB-I (Item No.4 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: It has been clarified in DoP&T’s O.M. No.35034/3/2008-Estt.(D) dated 16.11.2009 that promotions earned or upgradations granted under the ACP Scheme of August 1999, in the past to four pay scales (S-1, S-2, S-2A, and S-3), which now carry the grade pay of Rs.1800/-, shall be ignored for the purpose of the MACPS. Therefore, no further action is required. Hence, the item is treated as closed.

Item No. 6: Counting of 50% of service rendered by casual labor who attained a temporary status for reckoning the 10, 20, and 30 years of service under the MACPS (Item No.5 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: As per para 5(v) of the Appendix pertaining to the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 50% of the service rendered under temporary status is to be counted only for the purpose of retirement benefits after their regularization. The temporary service rendered does not count for any other purposes. Moreover, under the ACPS also, no provision was made for counting of temporary service as 1st and 2nd financial upgradation was being granted to an employee on completion of 12/24 years of regular service. Therefore, the proposal cannot be agreed to. Thus, action on this item is treated as closed.

Item No. 7: Supervised staff placed in higher Grade Pay than that of the Supervisor – The stepping up of pay of seniors with that of juniors getting higher pay in different cadres and introduction of Grade Pay of Rs.5400 on completion of 4 years of service in the pre-revised pay scale of Rs.6500-10500 (Item No.6 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: As per the fundamental principles of the Scheme, financial upgradation granted under the MACPS is purely personal to the employees, and has no relevance to his seniority position. It has already been provided in the Scheme itself that there shall be no additional financial upgradation to the senior employee solely on the ground that his/her junior in the grade has been granted higher pay or grade pay under the Scheme. This has been reiterated in the instructions issued by this Department from time to time, including OM No. 35034/1/97-Estt. (D) dated 04.10.2012 and No. 35034/3/2015-Estt.(D) dated 22.10.2019. Therefore, the proposal cannot be agreed to. Thus, action on the item is treated as closed.

Item No. 8: Option for pay fixation on grant of financial upgradation under the MACPS between 01.01.2006 and 31.08.2008 (Item No.7 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: In terms of para 9 of the MACPS guidelines (DoP&T’s OM dated 19.05.2009), the benefits of the ACP Scheme of August 1999 would be continued I applicable till 31.08.2008. If the Government employees, who have opted for fixation of their pay in the revised pay structure w.e.f. 01.01.2006 under the CCS (RP) Rules, 2008, then no arrears of pay would be granted. However, if he has opted for pay fixation from the date of financial upgradation under the ACP with reference to the pre-revised pay scale, then arrears of pay would be granted from the date of his option, i.e., the date of financial upgradation under the ACPS. Para 6 of Annexure-I to DoP&T’s OM dated 19.05.2009 already provides for this benefit. Hence, there is no requirement for the issue of any further instructions on the said issue. Thus, the item is treated as closed.

Item No. 9: Employees who got one promotion or l51 ACP prior to 01.09.2008 and have completed over two decades of service without the benefit of promotion may be granted the third up-gradation under the MACPS on 1.9.2008 (Para 12 of Minutes of the meeting of Joint Committee held on 27.07.2012).

Decision: As per the MACPS guidelines, there shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of I 0, 20, and 30 years of service respectively, or after 10 years of continuous service in the same Grade Pay or Pay Level in Pay Matrix, whichever is earlier. Thus, those employees who got either one promotion or 1st ACP before 1.1.2006 and who did not earn any promotion or 2nd ACP during 1.1.2006 to 31.8.2008, are eligible for 2nd MACP on or after 1.9.2008 (i.e. due on completion of 20 Years) and 3rd MACP after 30 years of service or 10 years in the same Grade Pay/Pay Level, as the case may be if found otherwise eligible. Hence, there is no ground for the grant of the 3rd MACP straight away on 1.9.2008, without the employee earning the 2nd MACP, as per the provisions of the MACPS. Therefore, the request of the Staff Side cannot be acceded to and the item is treated as closed.

7. All Ministries/Departments are advised to dispose of all pending representations /references from Staff Associations etc. seeking revision in the instructions/guidelines on the MACPS relating to the above items and also defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy, as upheld by the Hon’ble Apex Court in the instant case.

(R. K.Sinha)
Under Secretary to the Govt. of India

To
All Ministries /Departments of the Government of India.

The post Supreme Court Order in SLP regarding benefits in promotional hierarchy under MACP Scheme – DoPT Order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Latest MACP orders from DoPT

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 2016 OF 2020
(Arising out of SLP (C) No.21803 of 2014)

UNION OF INDIA AND OTHERS

…Appellants

VERSUS

M.V. MOHANAN NAIR

…Respondent

WITH

CIVIL APPEAL NO. 2017 OF 2020
(Arising out of SLP(C) No.22181 of 2014)
CIVIL APPEAL NO. 2018 OF 2020
(Arising out of SLP(C) No.23335 of 2014)
CIVIL APPEAL NO. 2019 OF 2020
(Arising out of SLP(C) No.23333 of 2014)
CIVIL APPEAL NO. 2020 OF 2020
(Arising out of SLP(C) No.18227 of 2015)
CIVIL APPEAL NO. 2021 OF 2020
(Arising out of SLP(C) No.31125 of 2016)
CIVIL APPEAL NO. 2022 OF 2020
(Arising out of SLP(C) No.33706 of 2016)
CIVIL APPEAL NO(s). 2044-2045 OF 2020
(Arising out of SLP(C)No(s). 5917-5918 of 2017
@ SLP(C)Diary No.6042 of 2017)

JUDGMENT

BANUMATHI, J.

Leave granted.

2. The instant batch of appeals have been filed assailing the orders of various High Courts dismissing petitions filed by the appellants, thereby upholding decisions rendered by different Benches of Central Administrative Tribunal granting financial upgradation of grade pay in the next promotional hierarchy by placing reliance upon Union of India and others v. Raj Pal and another CWP No.19387 of 2011 dated 19.10.2011. In these batch matters, we are concerned with the question whether MACP Scheme entitles financial upgradation to the next grade pay or to the grade pay of the next promotional hierarchy.

3. In all these appeals, almost all the High Courts have followed the Raj Pal and Ved Prakash’s case and granted relief as prayed for by the Being aggrieved, the appellant- UOI has filed these appeals.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

4. The main questions falling for consideration in these appeals are:-

• Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme? Whether MACP Scheme envisages grant of financial upgradation in Grade Pay Hierarchy and not in promotional hierarchy?
• As contended by the respondents, whether MACP scheme is disadvantageous to the employees in comparison to ACP scheme as long as the financial upgradation is granted in hierarchy of grade pay under MACP scheme?
• Whether respondents are entitled to stepping up of their grade pay to be at par with grade pay of their juniors who were getting the higher grade pay on account of implementation of MACP Scheme?

Appeals relating to Issue No.III were ordered to be de-tagged and listed separately.

5. At the outset, it is to be pointed out that almost all the Tribunals/High Courts have only relied upon Raj Pal’s case for grant of financial upgradation on promotional hierarchy and rejected the stand of the appellant-UOI that under MACP scheme, the employees are entitled to financial upgradation of the next grade pay only. Since the matter was considered on merits and since the issue involves impact on the public ex- chequer and also interest of the staff of various establishments, we requested learned Senior counsel, Mr. Jaideep Gupta to assist the Court as amicus curiae which the learned Senior counsel has readily Mr. Kunal Chatterji, learned counsel has agreed to assist the learned Senior counsel-amicus.

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

Assured Career Progression (ACP) Scheme :-

6. The Government of India with a view to “deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues”, introduced the Assured Career Progression (ACP) Scheme with effect from 09.08.1999 vide its Office Memorandum dated 09.08.1999. To mitigate the hardship in cases of acute stagnation in a cadre or in an isolated post, it has been decided to grant two financial upgradations under the ACP Scheme to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 and 24 years of regular service. As per ACP Scheme, isolated post in Group ‘A’, ‘B’, ‘C’ and ‘D’ cadres which have no promotional avenues also qualify for similar benefits. The financial upgradations under the ACP Scheme is placement in the higher Pay Scale and financial benefits in the higher Pay Scale without regular promotion. Under the financial upgradation, grant of financial benefits under the ACP Scheme to the government servants concerned is on personal basis. Such financial upgradation neither amounts to regular promotion nor require creation of new post. Some of the salient features of the ACP Scheme are as follows:-

• The ACP Scheme envisages merely placement in the higher pay- scale/grant of financial benefits (through financial upgradation) only to the Government servant concerned on personal basis and shall, therefore, neither amount to functional/regular promotion nor would require creation of new posts for the purpose;
• Under the ACP Scheme, two financial upgradations shall be allowed to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 years and 24 years of his/her regular service. As per para 1 of Annexure-1 – conditions for grant of benefits under the ACP Scheme, it is stipulated that two financial upgradations would be available only if no regular promotion during the prescribed period (12 and 24 years) was granted to an employee. If an employee has already received one regular promotion, he/she would qualify for second ACP only on completion of 24 years of regular service. However, in case if two regular promotions have been received by an employee, no further benefit under the ACP Scheme would accrue in favour of the employee.
• As per para 1 of the Office Memorandum dated 09.08.1999, the grant of financial upgradations under the ACP Scheme shall be subject to the conditions mentioned in the Annexure-I annexed thereon to the Office Memorandum dated 09.08.1999.

7. Para 8 of the Annexure provides that the financial upgradations shall be purely personal to the employee and would have no relevance to his/her seniority position. In other words, there would be no additional financial upgradations for the senior employee on the ground that the junior employee has got the higher pay scale under the ACP Scheme. Para No.12 of Annexure-I provides that the ACP Scheme contemplates merely placement on personal basis in the higher pay scale/grant of financial benefits only and shall not amount to actual functional promotion of the employees concerned. We may usefully refer to the relevant features of the ACP Scheme as stipulated in Annexure-I to the Office Memorandum dated 09.08.1999-Conditions for Grant of Benefits under the ACP Scheme, which reads as under:-

Conditions for grant of benefits under the ACP Scheme :-

1. The ACP Scheme envisages merely placement in the higher pay-scale/grant of financial benefits (through financial upgradation) only to the Government servant concerned on personal basis and shall, therefore, neither amount to functional/regular promotion nor would require creation of new posts for the purpose;

………

4. The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of the first financial upgradation subject to fulfilment of prescribed conditions. In other words, if the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings, etc. this would have consequential effect on the second upgradation which would also get deferred accordingly;

………

8. The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay-scale under the ACP Scheme;

……….

12. The proposed ACP Scheme contemplates merely placement on personal basis in the higher pay-scale/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. Since orders regarding reservation in promotion are applicable only in the case of regular promotion, reservation orders/roster shall not apply to the ACP Scheme which shall extend its benefits uniformly to all eligible SC/ST employees also. However, at the time of regular/functional (actual) promotion, the Cadre Controlling Authorities shall ensure that all reservation orders are applied strictly;

………”

8. ACP Scheme was replaced by Modified Assured Career Progression (MACP) Scheme which became operational with effect from 09.2008. The Sixth Central Pay Commission has recommended the adoption of MACP Scheme primarily to rectify the problems arising from inter-departmental disparities:-

• ACP Scheme led to creation of certain disparities within the employees in different organisations/departments who were directly recruited in the same pay scale who received different financial upgradations under the ACP Scheme because of existence of different promotional hierarchical structure and different promotional pay scales in different organisations/ departments;
• Another adverse consequence in the implementation of the ACP Scheme was that the benefit of a higher pay scale was not available if the next post in the hierarchy also existed in the identical pay scale.

9. In order to bring systematic changes in the existing scheme of ACP so that all employees irrespective of existing hierarchical structure in their organisations/cadre get the same benefit, MACP was recommended by the Sixth Central Pay Commission which was accepted by the Government with certain modifications vide its Office Memorandum dated 05.2009. Under the Sixth Central Pay Commission, revised pay structure has been implemented with effect from 01.01.2006; whereas benefits of ACP Scheme have been allowed till 31.08.2008. Vide Office Memorandum dated 19.05.2009, the Government of India introduced the MACP Scheme, in supersession of the ACP Scheme w.e.f. 01.09.2008. There shall be no change in distinction, classification or higher status on grant of financial upgradation under MACP as the upgradation is purely personal and merely placement in the next higher Grade Pay.

Modified Assured Career Progression (MACP) Scheme:-

10. Under the MACP Scheme, three financial upgradations are made available in the next grade pay to an employee who has completed 10, 20 and 30 years of regular service in the same post without getting any The benefit would be available at the next higher grade pay. Some of the salient features of the MACP Scheme are as follows:-

• Para 2 of the MACP Scheme provides that the “MACP Scheme envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay”.
• As per para 10 of the MACP Scheme – Office Memorandum dated 19.05.2009, no stepping up of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under the MACP Scheme.
• As per para No.11 of the said memorandum dated 19.05.2009, the differences in pay scales on account of financial upgradations under the ACP Scheme and MACP Scheme would not be construed as anomaly.

11. Para (19) of MACP Scheme contemplates merely placement on personal basis in the immediate higher grade pay / grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. As per para (20) of the MACP Scheme, financial upgradations shall be purely personal to the employee and shall have no relevance to the seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employees in the grade have received higher grade pay under MACP Scheme. We may usefully extract the relevant portion of Annexure-I of the Office Memorandum dated 19.05.2009, which reads as under:-

ANNEXURE-I

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS)

1. There shall be three financial upgradation s under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years service Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade-pay.
2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. ln such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

…………

17. The financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-1.Thereafter for upgradation under the MACPS the benchmark of ‘good’ would be applicable till the grade pay of Rs. 6600/- in PB-3. The benchmark will be ‘Very Good’ for financial upgradation to the grade pay of Rs. 7600 and above.

19. The MACPS contemplates merely placement on personal basis in the immediate higher Grade pay /grant of financial benefits only and shall not amount to actual functional promotion of the employees Therefore, no reservation orders/roster shall apply to the MACPS, which shall extend its benefits uniformly to all eligible SC/ST employees also. However, the rules of reservation in promotion shall be ensured at the time of regular promotion. For this reason, it shall not be mandatory to associate members of SC/ST in the Screening Committee meant to consider cases for grant of financial upgradation under the Scheme.

………….

25. If a regular promotion has been offered but was refused by the employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the second the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.

……………”

12. Clause 28 contains illustrations as to grant of financial upgradation under MACP. The illustrations in Clause 28 of the Scheme can easily be understood by referring to the First Schedule, Part-A of Section 1 of Central Civil Services (Revised Pay) Rules, 2008 which gives a comparison of the scale of pay under the 5th Pay Commission and the 6th Pay Commission as under:-

Download order:

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Arguments have been completed and the case is now reserved for orders. We expect a judgment allowing MACP on promotional hierarchy.

MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

MACP on Promotional Hierarchy – Supreme Court Case Status – Order reserved

MACP ON PROMOTIONAL HIERARCHY

Supreme Court Case No 21803/2014

Updates of today’s/ Final hearing-

Advocate C K Sasi (AOR), who was well briefed by us, argued the case for M V Mohanan Nair. Advocates, representing to other respondents also done commendable job. Actually it was a well organised team work. Amicus Curiae presented the case extremely well. He also submitted a written statement of his arguments to the court. As a result, the court realized the following:

1. There are anomalies in MACP scheme as evident from Minutes of Meeting of Anomaly Committee.
2. These anomalies are affecting Group B & C employees and no impact on Group A.
3. These anomalies have life long impact.

Arguments have been completed and the case is now reserved for orders. We expect a judgment allowing MACP on promotional hierarchy.

Thanks

for Steering Committee
MACP on Promotional hierarchy

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

Case Status from Supreme Court Website:-

Diary No.- 14117 – 2014

UNION OF INDIA SECRETARY vs. M.V. MOHANAN NAIR

Case Details

Read the : Latest MACP orders from DoPT

The post MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020 appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Hon’ble CAT Chandigarh while disposing the OA No. 1405/CH/2013 & OA No. 1676/HR/2013 has ordered that whatever decision is taken in the pending Writ Petition/SLP in Hon’ble High Court/Hon’ble Supre Court, Both Parties would be abide by the same, whatever decision comes first, out of both cases.

COPY OF THE JUDGEMENT IS PLACED BELOW

Message by Convener, Steering Committee:-

We invite all the parties, filed cases in various courts and all the Unions/Association, who are suffering from the anomalous MACP to join us in the legal fight on grant of MACP on Promotional Hierarchy. The next date of hearing of SLP at Supreme Court is 16/12/2014. Please hurry! Join the extended meeting of the Steering Committee at New Delhi on 15/11/2014.

-TKR Pillai, Convener
Steering Committee
Mob No. 9425372172
e-mail: aiams08@gmail.com

CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

Date of decision -29.10.2014

CORAM:      HONBLE MR.  SANJEEV KAUSHIK, MEMBER (J)
HONBLE MS. RAJWANT SANDHU, MEMBER (A)

O.A No. 1405/CH/2013

1. Jaswant Singh S/o Sh. Inder Singh aged 56 years, Executive Engineer, Chandigarh Central Division No. 2, Central Public Works Department, Chandigarh.
2. Satya Pal Singh Saharan S/o Sh. Shamsher Singh, Executive Engineer (Electrical) Issar Project Electrical Division, Central Public Works Department, Sector 7-B, Chandigarh.
BY ADVOCATE: Sh. V.K. Sharma

APPLICANTS

VERSUS

1. Union of India through the Secretary to Government  of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.

RESPONDENTS
BY ADVOCATE:  Sh. Sanjay Goyal.

O.A No. 1676/HR/2013

1. Sh. Paramjit Saini, S/o Sh. Dev Raj Saini, Resident of 15/2-C, Rail Vihar, Sector 4, M.D.C. Panchkula.
2. Sh. Joginder Pal Singh, S/o Sh. Rulia Ram, working as EE in the office of Amritsar Central Division CPWD, Amritsar.
3. Sh. Darshan Singh Shaheed, S/o Sh. Bishan Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
4. Sh. Santokh Singh, S/o Sh. Ram Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
5. Sh. Jagjit Singh, S/o Sh. Saudagar Singh, working as AE in the office of Jalandhar Central Circle CPWD, Jalandhar.
6. Sh.Rakesh Kumar, S/o Sh. Madan Lal working as AE in the office of Amritsar Central Division CPWD, Amritsar.
7. Sh. Pritam Singh, S/o Sh. Harbans Singh, Resident of 649, Rishi Nagar, Near Shankar Garden Jalandhar.
8. Sh. Rajinder Kumar Wadhwa, S/o Sh. Arjun Dev Wadhwa, Resident of 341, Sector 25, Panchkula.
9. Sh. Pancham Chander, S/o Sh. Dhani Ram, age 60 years, R/o House No. 1771, Sector 7-C, Chandigarh.
10. Sh. Satish Chander, S/o Sh. Churangi Lal, working as AE in the office of CEN2I, CPWD, Kendriya Sadan, Chandigarh.
11. Sh. Jai Dev, S/o Sh. Vidya Ram Lal, working as AE in the office of Chandigarh Central Division, CPWD, Sector -7/B, Chandigarh.
12. Sh. Ashok Kumar, S/o Sh. Verinder Nath R/o Flat No. 410 Arwveli, GHS-36, Sector 20, Panchkula.
13. Sh. Madhav Surup, S/o Sh. Sujraj Parkash, R/o House  No. 241, Vivaka Nand Park, Maqsadan, Jallandhar, Pin 144008.
BY ADVOCATE:   Sh. K.B.Sharma, Advocate proxy for Sh. D.R. Sharma, counsel for the applicants.

VERSUS

1. Union of India through the Secretary to Government  of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.

RESPONDENTS
BY ADVOCATE:  Sh. Sanjay Goyal.

ORDER (ORAL)

HON’BLE MR.  SANJEEV KAUSHIK, MEMBER (J):-

Both the cases involve identical facts and points of law and as such these have been taken up for final disposal by a common order. For the facility of convenience, facts have been taken from O.A. No. 1405/CH/2013 titled Jaswant Singh & Anr. Vs. U.O.I etc. This O.A has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
(a) Declare the provision of para 1 of the letter dated 19.05.2009 and para 2 of the Scheme to the effect that MACP is to be granted in next higher grade pay instead of pay band as redundant in view of the law laid by this Hon’ble Tribunal and as upheld by the Punjab and Haryana High Court in the case of Raj Pal Vs. Union of India and which has since been implemented by the concerned Department.

(b) Quash the action of respondents in not fixing pay of the applicants, while granting 3rd Financial upgradation under MACP, in the promotional pay band + grade of Superintending Engineer i.e. Rs. 37400-67000 + Grade Pay of Rs. 8700/- and instead fixing their pay only in next grade pay of Rs. 7600/- in the Pay Band of Executive Engineer is illegal, arbitrary, discriminatory harsh, void at initio and violative of provisions of Article 14 and 16 of the Constitution of India and cannot be sustained in eyes of law more so in view of decision taken in Raj Pal’s (supra).

(c) Issue direction to the respondents to fix the pay of applicants on grant of 3rd Financial upgradation in PB of Rs. 37400-67000 + Grade Pay of Rs. 8700/- i.e. of higher post of Superintending Engineer from due date with all the consequential benefits of arrears of pay and allowances with interest thereon @ 12 % from the date of actual payment and cost of the present petition.

(d) Any other order or direction deemed fit and proper in the facts and circumstances of the case to which the applicants are held entitled to may also kindly be issued in their favour.

2.            On the commencement of hearing, learned counsel for the applicants submitted that a similar controversy with regard to the grant to MACP, as raised in the instant O.A. has already been put to rest by this Tribunal in the case of Raj Pal Vs. Union of India and Ors. as upheld by the jurisdictional High Court. Subsequently, in case of Babu Ram and Others Vs. U.O.I & Ors and in case of Tilak Raj Sharma & Ors. Vs. U.O.I. decided on 19.12.2013., this Tribunal had allowed the O.As on the basis of the decision rendered in case of Raj Pal (supra) but both these cases are pending for final adjudication before the higher courts. The former case is pending before the Hon’ble Supreme Court in SLP No.10435/2014 wherein impugned judgment dated 07.11.2014 passed by the Hon’ble High Court in CWP No. 24279/2013, has been stayed and the latter case is pending before the Hon’ble jurisdictional High Court. He submitted the present O.A may be disposed of in the terms that whatever, decision is taken in the pending Writ Petition and SLP in above cases, both the parties would abide by the same.
3.            Sh. Sanjay Goyal, learned counsel for the respondents did not object to the disposal of the present O.A in the requested manner.
4.            Considering the consensual agreement arrived between the parties and the aforementioned position that similar issue is pending before the highest Court, at this stage, we dispose of the present O.A with an understanding as reached between the parties that whatever decision is taken by the Hon’ble Supreme Court/ Hon’ble High Court in pending petitions, the parties would be abide by the same, whatever decision comes first, out of both cases.
5.            With the observations and directions as above, these O.As stand disposed of with no orders as to costs.

(SANJEEV KAUSHIK)
MEMBER (J)

(RAJWANT SANDHU)

MEMBER (A)
Dated: 29.10.2014

Source: http://aiamshq.blogspot.in/2014/11/macp-on-promotional-hierarchy-cat.html

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GRANT OF MACP ON PROMOTIONAL HIERARCHY- Indian Ordnance Factories Gazetted Officers Association writes to Government

Indian Ordinance Factories Gazetted Officers Association (IOFGOA)had written a letter (given below) to the Government in view of the CAT Principle Bench New Delhi judgment dated 01/05/2014, directing the Government to implement MACP on promotional hierarchy within 3 months from the date of the judgment. Since the Government has not taken any action on the matter so far the Association has filed contempt of Court and the next date of hearing of the case is 11/11/2014.

As regards the SLP filed against Shri Babu Ram & Ors, according Shri S B Chaubey, General Secretary, his Association has decided to bear the expense of one Advocate to defend the case in Supreme Court.

-TKR Pillai, GS

Source: http://aiamshq.blogspot.in/

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Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint consultative Machinery for Central government employees
13-C, Ferozshah Road, New Delhi –110001
E Mail : nc.jcm.np@gmail.com
Ph: 23382286

16th May, 2014

No.NC-JCM-2014/MACP

The Secretary,
Department of Personnel and Training,
North Block,
New Delhi

Sub: Financial upgradation in the next promotional grade Hierarchy under MACP
Ref: Your letter No.P-13025/11/2014-AT dated 4.4.2014
Your letter No.P-26012/5/2011-AT dated 19.8.2013

Dear Sir,
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 judgement in peronum 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 Court Chandgarh in C W PNo.1938/2011 was discussed on technical grounds and not on merit in this case. The ground was insufficient 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 of cases (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 cirumentanced) 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, therfore request you to reconsider and suitably modify the MACP Scheme providing for financial upgradation in the promotional hierarchy.

Thanking you.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Source: http://aiamshq.blogspot.in/

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GRANT OF MACP ON PROMOTIONAL HIERARCHY:

LIST OF CASES FILED

The list of cases filed on the subject is given below for your reference.

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 byMinistry 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 PayRs.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, PrincipalBench 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 PrincipalBench 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 PrincipalBench, 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

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GRANT OF MACP ON PROMOTIONAL HIERARCHY: CAT GUWAHATI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO ASSISTANT ENGINEERS OF CPWD. THE CASE WAS FILED BY SHRI NARAYAN KALITA AND 26 ASSISTANT ENGINEERS VIDE OA NO. 040/000052 OF 2014.

By citing the judgments delivered by the Principle CAT, Delhi & High Court Chandigarh on the subject the Hon’ble judges have observed that “ In our considered view the aforesaid judgement rendered by the Chandigarh Bench as upheld by the Hon’ble High Court of Punjab and Haryana as well as judgement passed by the CAT, Principle Bench. In view of the above the present OA is allowed. Respondents are directed to grant scale of pay (PB-3) of Rs. 15,600-39,100+ Grade Pay of Rs. 6600/ attached to the said promotional posts of Executive Engineer from due date to the applicants.

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

Source: www.aiamshq.blogspot.in
[http://aiamshq.blogspot.in/2014/08/grant-of-macp-on-promotional-hierarchy_16.html]

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Dear friends,
Some of our (anonymous) friends have written in their comments that SLP filed by the DoPT (SLP(Civil)(CC)8271,10791, 10435 & 10436) against the dismissal of the Writ Petition on granting of MACP on promotional hierarchy by Higher Court Chandigarh/Ernakulam are being listed before the Supreme Court. Latest position of the above SLP chronologically is given below:

TKR Pillai
General Secretary

Source: http://aiamshq.blogspot.in/

The post MACP ON PROMOTIONAL HIERARCHY: LISTING OF THE SLP FILED BY THE DOP&T-REG appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

IMPORTANT CAT JUDGEMENT

DECLINING REGULAR PROMOTION BEFORE THE DATE OF IMPLEMENTATION OF ACP OR MACP SCHEME SHOULD NOT BE A BAR FOR GRANTING ACP/MACP

Refusal to accept promotion, earlier to 09.08.1999 when the ACP scheme was promulgated, does not make an employee ineligible for grant of first financial benefits under ACP scheme when the scheme came into force only on 09.08.1999

Facts: The Applicant (who was appointed on 08.03.1980), while working as Radio Mechanic in India Meteorological Department refused his promotion due to family circumstances, when his promotion order was issued on 30.07.1998.

The Assured career Progression Scheme came into force on 09.08.1999. The Applicant having completed 12 years of service and stagnating in the same post of Radio Mechanic was rejected for the financial benefit of ACP on the ground that he refused his promotion when offered on 30.07.1998 earlier to the introduction of ACP scheme on 09.08.1999.

Modified Assured Career Progression Scheme (MACP) was introduced for financial upgradation on 19.05.2009. As per this scheme, an employee will be entitled for three financial upgradation after completion of 10, 20 and 30 years of continuance of service. The Applicant became eligible for 1st ACP in 2000 and 2nd MACP in 2010. The grievance of the Applicant is that, he was denied 1st ACP and 2nd MACP. Hence he filed this OA challenging the Office Orders 10/11-12-2008 and 20-9-2010 whereby he was denied the financial upgradation.

The Respondents state that he refused promotion issued by Order dated 30.07.1998. In terms of DoP&T O. M. No. 35034/1/1997 Establishment (D) (Vol. IV), dated 18.07.2001, the Applicant cannot be said to stagnate in the same post. Hence the 1st ACP benefits was refused. The Applicant annexed the judgement of Bombay Bench of the Tribunal as appeared in Swamynews of July, 2008.

The Bombay Bench of the CAT held that “If an employee has refused the promotion before the enforcement of ACP Scheme, the facts would remain that he has actually not been given any financial upgradation which he could have been before regular promotion. He remains on the scale of pay still stagnated”. In view of this clarification, the clarification of Respondents cannot be accepted. Ernakulam Bench of CAT in OA No. 768 of 2005 considered condition No. 10 makes it amply clear that if an employee is accepting ACP benefit, he is deemed to have given unqualified acceptance for regular promotion on occurrence of vacancy subsequently”. That precludes factoring of past refusal while given ACP benefit.

In view of the above, refusals of promotion earlier to 9-8-1999, has no effect on the grant of financial benefit under ACP scheme. Hence, the clarification given no Doubt No. 38 by DoP&T cannot be accepted in this case as the Applicant herein refused promotion earlier to the coming of ACP Scheme. In that view, refusal of grant of 2nd financial upgradation under MACP scheme amount to punishing him for the second time. Hence, the eligibility of benefits under ACP scheme has to be recknoned on the actual date namely 9-8-1999. Hence declaining promotion earlier to 9-8-1999 is no reason to deny the first ACP introduced on 9-8-1999. Hence, a direction was given to Respondents to grant the Applicants benefits under the ACP scheme irrespective of the fact of their refusal of promotion earlier to 9-8-1999. Time given for implementation was 6 weeks.

In view of the above, same relief given by Bombay Bench is to be followed in this case also.

In the result, the impugned Order, dated 10/11-12-2008 and 20-9-2010 are set aside. The Respondents are directed to grant financial benefits under the ACP scheme to the Applicant in 12 weeks from the date of receipt of this order.

This the OA stands allowed.

(Shri. Ganesh Bhavrao Shrote v. Secretary, Ministry of Earth Sciences Mausam Bhavan, New Delhi, New Delhi, 8/2014, SwamynewS 98, (Bombay), date of judgement 5-8-2013)

NB: Reproduced from Swamy’s News August 2014-Tribunal Judgements

Source: http://confederationhq.blogspot.in/
[http://confederationhq.blogspot.in/2014/08/important-cat-judgement-declining.html]

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