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Agenda items of the Standing Committee – Item No.2,10 and 48 of the Joint Committee of MACP

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Agenda items of the Standing Committee – Item No.2,10 and 48 of the Joint Committee of MACP

No.NC-JCM-2017/MACP

Dated: August 7, 2018

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

Sub:- Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee

Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018
2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018

Dear Sir,

This office vide Letters referred at 1 above dated 16/01/2018 and 27/03/2018 has represented to your good self to make the MACP scheme effective from 1/1/2006 since the Hon’ble Supreme Court in its order in WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of India to implement the MACP Scheme retrospectively from 1/1/2006. Till date, we have not received any positive response from the DOPT. However, the MOD vide letter referred at 2 above (copy enclosed) have now issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel by implementing the Hon’ble Supreme Court judgment. Having implemented the judgment to one set of employees and denying the same to the similarly placed employees is discriminatory and unjustified.

The Hon’ble Supreme Court has repeatedly ruled that judicial decisions in matter of a general nature should be extended to all similarly placed employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC 648, the Apex court has held as Under:-

” Those who could not come to the court need not be at a comparative disadvantage position to those who rushed in here, ‘if they are otherwise similarly situated, they are entitled to similar treatment”

In view of the above to avoid multiplicity of litigations on the matter and since the item is also before the Joint Committee on MACP, it is requested that Govt. orders may please be issued for implementing the MACP Scheme w.e.f 1/1/2006. While issuing such an order, it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered from them in this connection.

Thanking you,

Yours faithfully,
(Shiva Gopal Mishra)
Secretary

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Comments

  1. when dopt is issuing orders regarding macp effective from 01-01-2006
    instead of 01-09-2008 after the judgement of supreme court of india

  2. I hope justice given by the hon,blue Supreme Court regarding implementation of MACP from 1.1.2006 instead of 1.9.2008 to central govt employees will be fairly dealt by the Dopt. & revised order issued with out further delay..

  3. Respected Sir,
    I am very happy to see your leeter about macp w.e.f.1.1.2006 instead of 1.9.2009 wrote to govt.In this context only IRTS and AIRF will take any possible and favour for employees.
    thanking you sir,
    yours faithfully,
    n.sreenivas

  4. I have got MACP in 2011 but actual promotion get in 2013. Should I entitled for one inceament at time of promotion?

    • Answer to N K THAKUR : You will get next grade pay, and increment changes if the promotion from 2/1 to 31/12 from January onwards.

    • If the pay scales of MACP and the promoted post are one and the same, you are not entitled to get any fixation benefit. On the other hand, if the promoted post is higher than than MACP, then you are entitled to get difference in Grade Pay.