Government of India
Ministry of Defence

Ordnance Factory Board
10A, Shaheed Khudiram Bose Road
Kolkata – 700 001.

Sub: OA No.904/2012 – Sanjay Kumar & 18 Ors-V-UOI & Ors. – Grant of MACP in the higher grade of promotional hierarchy

Ref: i) CAT Principal Bench order dated 26-11-2012
ii) OFB I.D. No.01/6th CPC/MACPS/PCC(A/A)(Pt.) dated 16-09-2013
iii) OFB I.D. of even No. dated 27-09-2013 & 28/1/2014.

The issue of grant of MACP in the higher grade of promotional hierarchy, was taken up with MOD vide OFB I Ds cited at ref (2) & (3) pursuant to judgment dated 26/11/2012 in the subject OA. It may be recalled that the subject OA was filed seeking MACP benefit in the higher grade of promotional hierarchy at the instance of order issued by CAT Chandigarh Bench in O A No. 1038/2010 – Shri Tilak Ram –V- UOI & Ors which was upheld by Punjab & Haryana High Court in CWP No. 19387/2011 decided on 19/10/2011. The Special Leave Petition filed before the Hon’ble Supreme Court was dismissed on 15/4/2013.

Attached please find herewith copy of letter No. IOFGOA/NE/SAF/MACP/2013 dated 26/03/2014 received from GS/IOFGOA which has been addressed to DGOF & Chairman copy endorsed to Hon’ble Raksha Mantri and others. The said Association has enclosed copy of judgment in O A No. 864/2014 delivered by Hon’ble CAT Principal Bench on 12/3/2014 where the Hon’ble CAT has directed the following:

“Once an order has been passed by this tribunal and it has also been upheld at the level of Supreme Court, there is no question of waiting for an approval of any Govt. department for implementation of the same”.

A similar representation dated 3/4/2014 received from Staff Side Member, JCM-III level Council quoting the judgment dated 12/3/2014 in O A No. 864/2014 is also enclosed. It may be intimated that several OAs have been filed in different CATs/Courts on the same issue by the employees of this organization and the same are pending.

MOD is requested to convey its decision at the earliest to avoid unnecessary litigations on the issue of grant of MACP in the higher grade pay of promotional hierarchy.

Encl: As above

SD/-
(Smt. Arti. C. Srivastava)
Director/Admin
For Director General Ordnance Factories

Shri Amlan Das,
Under Secretary,
D(Estt/Non-Gazetted),
Room No.340-B,
“B” Wing, Sena Bhavan,
New Delhi-110 011.

Source: http://aiamshq.blogspot.in/2014/06/macp-on-promotional-hierarchy.html

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