Shiva Gopal Mishra
Secretary

Ph.: 23382286
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

No. NC-JCM-2014/ACP

July 14, 2014

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

The Secretary,
Department of Defence
Production & Supplies,
D.G.Q.A., D.H.Q, New Delhi

Sub:- Grant of ACP to Draftsmen.

Dear Sir,
I may draw your kind attention to the following judgments of Tribunal / High Court and the Supreme Court:

1. CAT Bombay Bench order dated 28.2.2005 in O.A. No.124/2004 Shri K.M. Khopkar & others Vs UoI.
2. Bombay High Court order dated 11.12.2006 in writ petition No. 5269/2005 Union of India & others Vs K.M.Khopkar
3. Supreme Court order dated 10.7.2007 in Petition for SLP (C) CC5027/2007 Union of India & others Vs K.M. Khopkar.

The Hon’ble CAT Bombay has ruled that the placement irregular scale on the basis of Ministry of Defence letter dated 15.9. 1995 granted to Draftsmen of other Departments in pursuance of CPWD Arbitration award cannot be treated as regular promotion and ACP benefit rightly granted to the applicants cannot be withdrawn.

The High Court Bombay has upheld the above ruling of the CAT Bombay.

The Supreme Court had dismissed the appeal observing that they do not find any merit to interfere in this case.

2. The question is whether all draftsmen of other departments would be granted the benefit of this judgment. They are similarly placed employees and there are several directions of the apex court that in the case of similarly placed employees, a decision given by Courts should be treated as judgment in rem and Government should extend such benefits to all similarly placed employees so that there is no multiplication of litigation in a matter which has already been adjudicated.

3. I, therefore, request you kindly to consider and extend the benefit of above ruling which has already attained finality to all the draftsmen not only working in Department of Defence Production & Supplies but also in all other Central Government Departments.

4. Action Taken on this matter may kindly advice to us.

Thanking you,

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

Source: www.ncjcmstaffside.com
[http://ncjcmstaffside.com/2014/nc-jcm-staff-side-has-demanded-grant-of-acp-to-draftsmen-cadre-of-central-governement/]

The post NC JCM Staff Side has demanded Grant of ACP to Draftsmen Cadre of Central Government Departments appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Railway Board has given as reply to NFIR regarding that the clarification on promotion under MACP to Draftsman in Railways. The letter is reproduced and given below for your ready reference…

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.PC-V/2011/M/4/NFIR

New Dlehi, dated 10.06.2013

The General Secretary
NFIR
3, Chelmsford Road,
New Delhi – 110055

Sub:-Recommendations of 6th CPC-MACP Scheme regarding.

The undersigned is directed to refer to NFIR’s letter No. IV/MACPS/09/Pt-6, dated 23/05/2013 and to state that the matter has been examined in consultation with DoP&T, the nodal Department of Government on MACP Scheme has been clarified that the incumbents of the lower post CANNOT be treated as initially appointed in the upgraded post just because the two lower rungs of the promotional hierarchy have been abolished under two consecutive cadre restructuring. In fact, it is the post which are upgraded.  The incumbent’s appointment to the upgraded post is by way of promotion only.

Accordingly, the employees who had joined the post of Tracers on direct recruitment basis with matric as recruitment qualification for the post, have already earned two promotions by reaching Sr. Draftsman post (re-designated as JE-II), first promotion as Assistant Draftsman and 2nd promotion as Senior Draftsman / JE-II, either in normal course or as a result of Board’s instructions dated 25-06-1985 and 28.09.1998 respectively. Thus such employees are entitled for 3rd financial upgradation only subject to fulfilment of other terms and conditions as related therewith, provided that they have not earned any further promotions.

Yours faithfully,
sd/-
for Secretary/ Railway Board

Source : NFIR

The post Railway Board – Recommendations of Sixth CPC – MACP Scheme regarding appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.