NCJCM has demanded Central Government to Implement MACP with effect from 1.1.2006 as per the MoD letter subsequent to the order issued by Hon’ble Supreme Court.
Implement MACP with effect from 1.1.2006
Shiva Gopal Mishra
Secretary
Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E.Mail : [email protected]
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 1/112006. 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 Honorable Supreme Court judgement. Having implemented the judgement 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 litigation 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,
sd/-
(Shiva Gopal Mishra)
Secretary
Click to Read : MoD Letter on MACP with Effect from 1.1.2006
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It is urged that the DOP&T may issue the general orders for the implementation of the MACP Scheme for all central government employees effective from January 2006.
The unbecoming behaviour of the administrative authorities of govt. of India in the matter of MACP scheme despite of Apex court verdict compel us to think that corruption in our society bereft the peace of mind of common people of this country. This attitude needs correction so that peace & tranquility could be maintained.
Since 8 months elapsed the Govt has no interest to implement the decision of the Hon’ble Supreme court. Denying the benefit to the other employees including paramilitary/CAPF personnel is unjustfied.
Since MACP is the part of 6th. CPC recommendations & also stands proved that it is the part of pay structure & not the allowances hence logically needs to be implemented from 1.1.2006 instead of 1.9.2008 as cleared by the hon,blue Supreme Court of India vide it’s decision of December2017. The MOD has since issued revised order for the defence employees. Accordingly Dopt. Is also required to issue revised order for cg employees.
I pray your honour kindly to consider to impress upon the Honourable PM and the Hon’ble MINISTER OF FINANCE,DEPT. OF EXPENDITURE TO EXTEND THE BENEFITS TO ALL THE C.G EMPLOYEES INCLDING RAILWAYS.
CONGRATULATIONS TO THE DEFENCE FORCE PERSONNEL… GETTING MACP SCHEME IMPLEMENTATION WITH EFFECT FROM 01-01-2006. Honourable PRESIDENT Of India Sanction given.. PRAY TO CONSIDER THE SAME TO OTHER C.G. EMPLOYEES INCLUDING RAILWAYS. PRAYER.
NC.JCM,STAFF SIDE LINED UP WITH CENTRAL GOVT IN THE JCM MEETING. KINDLY TO SEND SPANTANIOSLY LETTERS TO THE HON’BLE PM, FINANCE MINISTRY, AND DoP&T, ETC to extend the same to the c.g.peronnel.
My correspondence is in progress. Letters prepared to submit to Dr.M.Ragaviah ji, G.S.,NFIR on 15-08-2018.