CDRA Requests PM to withdraw SLP against MACP on Promotional Hierarchy
National Head Quarters
Confederation of Defence Recognised Associations (CDRA)
Recognised by Govt of India
Patro: Sh Satyavrat Chaturvedi, M.P.
Convener: Sh Surinder Singh
Legal Adviser: Sh RR Pashine
Representing the Service Associations recognized Under Ministry of Defence
H.No. D-499, Street No. 14,
Railway Road, Sadh Nagar,
Palam Colony, New Delhi – 45
President : S.K. Mann
Gen Secy : Ved Pal Yadav
Ref No. HQ/CDRA/298
Dated:- 12th Apr 2016
To,
Shri, Narender Modi Ji,
Hon’ble Prime Minister of India
South Block, New Delhi
Regarding financial Up-gradations under MACP as per hierarchy to Subordinate Employees of MoD – Request for withdrawal of SLP filed by UOI in Hon’ble Supreme Court
Respected Sir,
1. With profound regards we on behalf of more than 50 recognized associations functioning in various directorates of MoD request your honour for redressal of our genuine and justified grievances with regard to the injustice about the financial up-gradation under MACP Scheme inflicted upon the weaker section of the subordinate employees by the Govt of India during 2009 quite wrongly and against all the canon of justice. During the regime of NDA Govt. heated by the then Hon’ble Prime Minister Shri Atal Bihar Vajpayee Ji an ACP Scheme to the employees of group B. C & D was granted in the form of two financial up-gradations in the promotional hierarchy after completion of 12 & 24 years service as a ‘safety net’ to deal with the problem of genuine stagnation due to inadequate promotional avenues. Alas! The above just and genuine scheme was ruthlessly distorted and destroyed during 2009 by the then UPA Govt by converting it into the MACP Scheme on Grade pay basis instead of the promotional hierarchy as it was in ACPS, resulting into the great detriment and huge financial and terminal benefit loss to the employees.
2. It is submitted with respect that the said scheme of MACPs was switched over from existing ACPS without having any consideration of anomalous consequences and awful repercussions in the matter of financial discriminations. With a view to further clarify the anomaly of this scheme it would be imperative to quote an example here that a Junior Engineer in MES who complete his 24 years service on 31-08-2008 shall be granted the 2rd up-gradation in pay scale of Executive Engineers i.e. in the PB-3 (15600-39100) + Grade Pay 6600/- in the erstwhile ACPs, where as the another Junior Engineers having completed the 30 years on 01-09-2008 is eligible for 3rd up-gradation in PB-2 (9300-34800) + Grade Pay 5400/- under the modified ACPs resulting in huge loss at least Rs. 20,000/- per month even after putting 6 years extra period of his services. Subsequently these anomalous and unjust projections were consequently brought into the notice of the authorities and persuaded vigorously but all in vain despite their admission about the said anomalies.
3. Finding no way out, the employees from different departments of Central Govt including MoD sought for the legal intervention by filing the petitions in the Hon’ble CAT Chandigarh, New Delhi, Guwahati, Calcutta and Ernakulum etc. Wherein all the judgments were in favour of the employees directing the respondents to grants the MACPs in promotional hierarchy. In the appeals filed by the Govt. in the Hon’ble High Courts the orders of the various CAT stands upheld Unfortunately, the Govt. further preferred to file the SLPs in the Hon’ble Supreme Court against the orders of the Hon’ble High Courts admittedly, the Hon’ble Supreme Court would take a considerable time to deliver its judgment on the said SLPs. Such delay to deliver the justice shall adversely affect a large chunk of the poor employees who are not in position to contest the case in Supreme Court owing to their financial constraints. In this context it is pertinent to mention here that the Hon’ble Supreme Court opined that in case of service matters where the High Courts and benches of CAT delivered the judgements in favour of the employees, no appeal in the Supreme Court by the Govt. is desirable.
4. We would also like to draw your kind attention to the fact that earlier the status of CAT remained equal to High Court and an employee had to contest his case at two stages only i.e. in CAT and then in Hon’ble Supreme Court but later on the channel contesting the case became CAT then High Court and then further Hon’ble Supreme Court. Therefore the opinion of Hon’ble Supreme Court that way is quite genuine.
5. In view of the above mentioned circumstances we pray before your esteemed authority to kindly be graciously pleased to direct the concerned department of Govt, of India for withdrawal of SLPs from the Hon’ble Supreme Court in order to provide the relief to the weaker sections of the society and to meet the ends of justice as a special case. We do hope that your kind action in the matter will certainly bring the good days for the subordinate employees of the Central Govt.
Thanking You,
Yours faithfully,
(SK. MANN)
President.
Source: www.aiamshq.blogspot.in
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THIS LETTER IS A WELCOME GESTURE;;; BUT IT SHOULD CONFINE ITS PARAMETERS ONLY TO THE DEFENCE FORCES PERSONNEL/PENSIONERS… AS CG PENSIONERS, WE ARE ALSO THE VICTIMS OF THE RULES OF GOI, WHICH YOU CAN READ AND UNDERSTAND AS TO HOW THE RAILWAYS IS TREATING THE SENIOR-MOST EMPLOYEES/ NOW PENSIONERS, MADE TO RETIRE WITHOUT PROPER PROMOTIONAL CHANNEL BY WAY OF BELATED HOLDING OF DPCs AND AS TO HOW JUNIORS AND GIVEN PROMOTIONS/PENSION BENEFITS, ETC., DULY DENYING THE RULES,THE PROVISIONS OF LAW/ JUDGMENTS OF APEX COURT/ORDERS IN THE MATTER OF DEEMED PROMOTIONS, PROMOTION FOR PENSION BENEFITS AT PAR WITH JUNIORS, ETC… SEE IREM/RLYS.. PARA-228- ISSUED BASED ON APEX COURT JUDGMENTS, BUT SAME DENIED…INCLUDING NEXT BELOW RULE/STEPPING UP,ETC… KINDLY READ THE LETTERS SENT TO OUR HONOURABLE PM… BUT IRONICALLY, THE SAME IS AGAIN SENT TO RAILWAYS FOR INVESTIGATION AND TO CLOSE THE FLAWS…RAILWAY PROTECTION FORCE PENSIONER’S WELFARE ASSOCIATION
SOUTH CENTRAL RAILWAY, SECUNDERABAD.
(REG.No.1126/2012)
(Affiliated to All India Retired Railwaymen’s Federation, Secunderabad)
H.O:Railway Block No.308, Zonal Office of the AIRPFA premises, Chilkalguda, SC
President General Secretary Treasurer
V.SESHADRI G.V.V.N.RAJU M.SRINIVASULU
9642164777 9652347477 9948089970
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Letter No. RPFPWA/SCR/2016 Date: 19-04-2016
To
HEH Thiru Sri. Narendra Modiji,
Respected Senior Citizen of India, &
Honourable Prime Minister of India,
7 Race Course Road,
New Delhi-110003. India.
Honoured SIR,
Sub: – The Plight and woes of some senior citizens – Central Govt. Pensioners – Juniors drawing more pension than seniors- in the guise of MACP, Etc.- Submission of Mercy Petition for Justice- Reg.
Ref: – DoP&T Orders on various demands/issues-restoring date of implementation from Sep. 2008 to that of 01-01-2006.
2) PMO-Regn. No. PMOPG/E/2016/0124118-17-04-2016.
Most respectfully and humbly submit the following few facts before YOUR kind Honour with a great expectations and belief that the matter shall be brought before you and you will consider with sympathy and relive us from our grieve, humiliations and tension duly upholding the FRs, Law and Justice.
It is praise worthy to state herein that YOUR honour is kind enough to do a lot of things to uplift many matters appertaining to all concerned. In this aspect also we pray to do justice to us. The only thing left untouched is found to be MACP.
It is genuinely brought out that dual policy is being adopted at different levels while sanctioning ACP/MACP, and in conducting DPCs, the seniors are deprived of their legitimate Rights and privileges on the ground that they have since been retired/ not in service on the date/year when the monetary privileges have been extended. In our places, juniors are being given more beneficial Pay/Pension than seniors, like, ADHOC ASCs / Inspectors (not on regular service), etc.
The fact that juniors cannot draw more pay/pension than seniors, etc. is ignored. The Principles of Next Below Rule, Stepping up, Deemed Promotion at par with Juniors as laid down in the Honourable Apex Court Judgments, DoP&T Orders, Railway Board Orders also denied. Now, that OROP coming to Defence Pensioners, we pray to look into the matter in depth.
The DoP&T, under the Command and Control of Honourable PM had reviewed most of the cases wherein the date of implementation which were falling in September, 2008, etc., and the date effect of the VI CPC from 01-01-2006, rectified by issuing Orders to the effect that the earlier Orders will take effect from 01-01-2006.
In this conception, we humbly pray to consider MACP implementation date from 01-01-2006 instead of 01-09-2008. By this all the senior citizens retired between 01-01-2006 and 01-09-2008 with more than 30/40 years of service shall be benefitted and will get pension at par with their juniors.
Submitted for kind consideration and Orders please.
Encl: As above/MINUTES – PARA-10 Yours faithfully,
House No. 24-147/4/2,
East Anandbagh, MALKAJGIRI, (V.SESHADRI)
SECUNDERABAD-500047. Asst. Security Commissioner, RPF/retired &
President, RPFPWA, SCR, SC. ,
RAILWAY PROTECTION FORCE PENSIONER’S WELFARE ASSOCIATION
SOUTH CENTRAL RAILWAY, SECUNDERABAD.
(REG.No.1126/2012)
(Affiliated to All India Retired Railwaymen’s Federation, Secunderabad)
H.O:Railway Block No.308, Zonal Office of the AIRPFA premises, Chilkalguda, SC
President General Secretary Treasurer
V.SESHADRI G.V.V.N.RAJU M.SRINIVASULU
9642164777 9652347477 9948089970
————————————————————————————————————————-
Letter No. RPFPWA/SCR/2016 Date: 10-04-2016
Minutes of the Meeting of the RPFPWA, SCR, SC held on 10-04-2016.
RPFPWA, South Central Railway, SC held its Meeting from 10.00 hours to 14.00 hours at its Office in the precincts of AIRPFA,SCR, SC Office, Railway Block No…308, Chilkalguda, SC., presided over by V.Seshadri, ASC/Retired and President of the Association. Sri. T. Vara Prasad Reddy, SI/PP/SC and General Secretary of AIRPFA, SCR Zone was the chief guest. Besides several serving RPF staff and officers,about 70 members attended the meeting.
At the outset Sri.G.V.V.N. Raju, Inspector/retired and General Secretary of RPFPWA welcomed the Chief Guest and other guests of honour to the dais and welcomed the gathering. He spoke on several issues, highlighted the achievements, coordination, cooperation and brotherhood which is needed between the serving RPF personnel and the retirees. Several others also spoke on the occasion pertaining to RPF Pensioner’s issues pending with the administration, which include:
10. Inspectors and other ranks reversion at the time of retirement/superannuation and loss of pension fixation on account of reduced Grade Pay over SCR- in equality treatment:
1. When the matter was brought up for discussion, V. Seshadri explained that this has already been brought to the notice of the CSC, FA&CAO, SCR and others for rectification with some specific names of beneficial and loser’s in a particular rank from Inspectors to SIs in grade pay fixation/under ACP/MACP – promotional hierarchy/grade pay hierarchy while issuing PPOs/RPPOs. But nothing has been done so far which includes the cases of pre-2006 RPF pensioners – differential treatment might have been done, may be under pressure tactics professed by I-MAP Scheme (Influence, Money, Authority, Power) by interested persons. He stated that he was in NDLS on 05-04-2016 and 06-04-2016 along with Sri. N. Manoharam, RPFPWA/GTL Branch Divisional Secretary. On 05-04-2016, he said he had interacted with several Railway Board/ RPF Officials and others, and also met Sri. U.S. Jha, discussed on many pending matters pertaining to the RPF pensioners. He said on 06-04-2016 he called on Sri. P.S.Rawal, DG, RPF and other Officials. All the Officers gave patient hearing on pending issues.
2. The Meeting felt that juniors cannot get more pay/pension than seniors and in such cases, the administration has to consider the cases of seniors by applying the ‘Rule of Stepping Up’ /or ‘Next Below Rule’ and bring the pay/pension of seniors at par with their juniors. The same is also not considered by CSC/FA&CAO, SCR, SC and seniors of deprived of the human Rights and FRs.
3. When the matter of adhoc ASC’s, delayed holding of DPCs, Orders to be given as ‘deemed promotion ‘and pension fixation at par with juniors as per seniority, etc., came up before Sri. Yugal Kishore Joshi, Director, RPF, who expressed that all adhoc ASCs/Inspectors are to be reverted and pay is to be fixed as per norms and rules of the DoP&T, Railways, Orders etc., as they held higher post only on ADHOC basis, not regularised or confirmed / not on regular service to get next promotion grade pay for pension fixation under MACP, they cannot be fixed in higher scales of pay/ grade pay on promotional hierarchy in ACP/MACPS. Seshadri agreed that adhoc ASCs or Inspectors, etc. are invariably to be reverted at the time of retirement / superannuation as Inspectors/SIs for pension fixation in Group ‘C’ Cadre Pay Band/GP and not under Group ‘A’ Cadre pay band, which require prior sanction& approval of the UPSC/DPC,( to be dealt by Establishment/Management Services, RB, being group’ A’ Service- that Officers process is entirely different, etc.-), At this stage, V. Seshadri informed the latest position being followed under ACP/MACPs over SCR. The Officer questioned as to how come the ADHOC ASCs over South Central Railway got the benefit of pension fixation at GP of Rs.6600/- under ACP / MACPS retired after September 2008, and some Inspectors got fixed in GP of Rs.6600/-over SCR. [Group ‘C’ and Group ‘A’ to be differentiated in regard to GP and PB, and between adhoc promotion and Regular Service while granting ACP/MACPs]. It is also informed that while some Inspectors have been reverted from GP 0f Rs.4600/-(IPF) to that of GP of Rs.4200/-(SI) at the time of pension fixation, some others are retained in GP of Rs.4600/- and some Inspectors are given Rs. 6600/- (DSC grade Pay). Thus, dual Policy has been or is being adopted in SCR which needs to be investigated by some competent team like vigilance, audit, cbi.
4. It is felt that the Fundamental Rights, Natural Justice, equality before the Law, Rules made out under authority Law is as equal as that of the Law is denied and that the Rights of the employees/pensioners under Article 309 is also not being adhered to.
5. The Meeting after discussion, requests the CSC, FA&CAO/SCR to do justice and to make efforts to collect full DATA from all concerned as to the names of RPF Inspectors, other ranks and make an in-depth verification year wise as per old/ RPPO as to how many were given pension fixation in different Grade Pays/Pay Bands, as to how many were reverted as IPFs/SIs, etc. at the time of retirement, pension fixation, etc., and to have Comparison Statement to find the facts. And find out where mistake is done. The burden of work load on staff will also be reduced*****************
Present status:
PORTAL
Centralized Public Grievance Redress and Monitoring System (CPGRAMS)
Brought to you by Department of Administrative Reforms & Public Grievances
Government of India
Grievance Status
Status as on 05 May 2016
Registration Number : PMOPG/E/2016/0124118
Name Of Complainant : V SESHADRI
Date of Receipt : 17 Apr 2016
Received by : Prime Minister’s Office
Forwarded to : Executive Director Pay Comission II
Officer name : Smt. Neera Khuntia
Officer Designation : EDPC II
Contact Address : 338-A, Metro Bhawan,
Pragati Maidan,
NEW DELHI
Contact Number : 23370081
e-mail : [email protected]
Grievance Description : The Plight and woes of some senior citizens – Central Govt. Pensioners – Juniors drawing more pension than seniors- in the guise of MACP, Etc.- Submission of Mercy Petition for Justice. Most respectfully and humbly submit the following few facts before YOUR kind Honour with a great expectations and belief that the matter shall be brought before you and you will consider with sympathy and relive us from our grieve, humiliations and tension duly upholding the FRs, Law and Justice. It is praise worthy to state herein that YOUR honour is kind enough to do a lot of things to uplift many matters appertaining to all concerned. In this aspect also we pray to do justice to us. The only thing left untouched is found to be MACP. It is genuinely brought out that dual policy is being adopted at different levels while sanctioning ACP/MACP, and in conducting DPCs, the seniors are deprived of their legitimate Rights and privileges on the ground that they have since been retired/ not in service on the date/year when the monetary privileges have been extended. In our places, juniors are being given more beneficial Pay/Pension than seniors, like, ADHOC ASCs / Inspectors (not on regular service), etc. The fact that juniors cannot draw more pay/pension than seniors, etc. is ignored. The Principles of Next Below Rule, Stepping up, Deemed Promotion at par with Juniors as laid down in the Honourable Apex Court Judgments, DoPT Orders, Railway Board Orders also denied. Now, that OROP coming to Defence Pensioners, we pray to look into the matter in depth. The DoPT, under the Command and Control of Honourable PM had reviewed most of the cases wherein the date of implementation which were falling in September, 2008, etc., and the date effect of the VI CPC from 01-01-2006, rectified by issuing Orders to the effect that the earlier Orders will take effect from 01-01-2006. In this conception, we humbly pray to consider MACP implementation date from 01-01- 2006 instead of 01-09-2008. By this all the senior citizens retired between 01-01-2006 and 01-09-2008 with more than 30/40 years of service shall be benefitted and will get pension at par with their juniors.
Date of Action : 22 Apr 2016