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Thursday, September 11, 2014

PRINCIPLE BENCH JUDGEMENT ON GP 4600 TO HC/ASSISTANTS IN AIR & DD

  

REQUIRES YOUR SUPPORT TO FIGHT FOR HIERARCHICAL GRADE PAY ON MACP!!


Dear Members/friends,

You are aware that this Association has been pursuing the case of upgradation of Grade Pay of LDC & UDC for the last two years. The second most important issue which has been raised by us is the grant of MACP on Promotion hierarchy. This Association had put up the agenda for grant of MACP on promotional hierarchy in the National Secretariat meeting of the Confederation on 18/01/2010 which led the formation of a separate MACP Anomaly Committee. But the committee has not taken any fruitful decision to remove the hurdles in granting MACP on promotional hierarchy. Subsequently, individuals and Associations have filed cases in various courts for granting MACP on promotional hierarchy. And the dismissal of SLP filed by the DoPT against Shri Raj pal of CAT Chandigarh became the turning point on the issue.  In this connection, the cases come up for hearing so far has gone in favour of the employees. Principle CAT Delhi made historical judgments on the matter and asked the Government to implement its decision without any if and buts. CAT Guwhati, Chandigarh, Ernakulam  have delivered judgements in favour of employees and the High Court, Delhi, Ernakulam, Chandigarh have uphold the same.

According to the information available with us at present 4 SLPs are pending in the Supreme Court (1) SLP No. 10435 of 2014 UoI & Ors Vs Babu Ram & Ors (2) SLP No. 10436 of 2014 UoI & Ors Vs Dhirender Singh & Ors (3) SLP No. 21803/2014 UoI & Ors Vs M V Mohanan Nair and (4) SLP No. 22181/2014 UOI & Ors Vs Reeta Devi. The Basic demand of Shri Babu Ram & Dirender Singh were grant of MACP on promotional hierarchy whereas the nature  of the cases presented in the CAT by Shri M V Mohanan Nair & Ms Reeta Devi were something different than the demand for MACP on promotional hierarchy. Shri Mohanan Nair’s argument was that Rajpal, Ved Prakash & Mohanan Nair are photocopiers in different benches of CAT are borne in the same seniority list. Rajpal & Ved Prakash was granted pay hierarchy as per the provisions of ACP and as such parity may be given to him also. The argument of Smt Reeta Devi, who is holding an isolated post, was also something different than the argument of Babu Ram & Dhrender Singh.

We feel the SLP pending against Shri Babu Ram & Shri Dhirender Singh have direct relation with grant of MACP on promotional hierarchy. Details of the SLP related to Shri Babu Ram & Dhirender Singh are as follows:

S.No.
SLP Civil (CC) No
Parties
Current position





1.






10435 OF   2014





U.O.I.   .Vs.   BABU RAM & ORS
The case is converted to SLP 23333 of 2014. Consequent to the final judgment and order dated 07/11/2013 in CWP No. 24279/2013 passed by the High Court of Punjab & Haryana, Chandigarh; Hon’ble Supreme Court heard the case on 22/08/2014. Ordered to issue notice. And allowed stay on the operation of the order of High Court Chandigarh against which the SLP is filed.


2.



10436    OF   2014


U.O.I.   .Vs.   DHIRENDER SINGH & ORS.
According to information received to this Association, the case is converted to SLP (Civil) 23335/2014 and connected to SLP 23333 of 2014 i.e. with the case of Shri Babu Ram.
The SLP filed against Shri Babu Ram & others is treated to be the SLP filed against all the Central Government Employees who are fighting for grant of MACP on promotional hierarchy. And if Shri Babu Ram failed in this case, it may affect negatively to all Central Government Employees. In this contest I have contacted Shri Babu Ram & his colleague over phone and enquired reason for not engaging an advocate to defend his side on 22/8/2014. One of the colleagues of Shri Babu Ram has informed that the strength of the Ministerial Staff is less than 20 and Shri Babu Ram is working as UDC. And as such they are not in a position to spend as much money to appoint a competent advocate in the Supreme Court.

In the mean time, many of the viewers of this web site are in the opinion that individuals have limitations in contesting cases in Supreme Court. And the case will be ex-parte and in Government’s favour unless a capable advocate is got engaged by us.  Since the matter is related to raising funds, this Association is not willing to involve in it directly. 

In view of the above, all our friends are requested to give their valuable suggestions through comments, SMS, e-mail (e-mail aiams08@gmail.cometc. to combat the situation.  All the individuals/Associations who are conducting court cases on this subject are requested to perform decisive role in tracing a solution on the issue as soon as possible. Our friends in and around Chandigarh may please contact Shri Babu Ram and his colleagues at CAT Chandigarh to support them in tracing a final solution in the matter.

This letter is published in favour of all Central Government Employees as regards the grant of MACP on promotional hierarchy is concerned. Any difference of opinion on the interpretation of the court decision on the above cases may please be pointed out so that necessary correction may be made at our level.

With greetings

(TKR Pillai)
General Secretary
ALL INDIA ASSOCIATION OF ADMINISTRATIVE STAFF (NON GAZETTED)
Mob: 09425372172


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