Friday, November 2, 2018

Important Communication with Government on MACP

NCCPA Writes to Pension Secretary on grant of MACP from 01.01.2016 as per Court Orders

13-C  Feroze Shah Road,                                         Website: www.nccpahq.blogspot.com
New Delhi.110 001                                                   Email. nccpahq@gmail.com

Dated: 25th October, 2018.

Department of Pension and Pensioner Welfare.
Ministry ofPersonnel andTraining.
Government of India,
Lok Nayak Bhawan,
New Delhi 110 001.

Dear  Sir,

                                Sub:Modified assured Career progression Scheme- date of implementation
                                Decision of the Supreme Court of India- issuance of orders regarding.

                We  solicit your kind attention to the order issued by the DOPT introducing  MACP scheme, which came into effect from.1.9.2008 onwards.  Aggrieved by the  provision concerning the date of effect,  the Staff Side, National Council JCM had both on behalf of the working employees and Pensioners introduced items in the agenda of the National Anomaly Committee for making the scheme effective from 1.01.2006  The issue was considered as an anomaly for the reason that while  the pay structure was implemented with effect from 1.1.2006, the date of effect for MACP was  unfortunately determined to be 1.09.2008.  No decision was taken by the Government on that item  Rather the official side dilly dallied the issue indefinitely. Even if they would have disagreed, the item would have as per the scheme of things been got referred to the Arbitrator.

                The matter was taken up by a few Defence Personnel before the Armed Forces Tribunal, whose orders were clearly against the stand taken by the Government. Instead of accepting the decision of the Honourable Tribubnal, the petitioners were dragged first to the High Court, and later to the Supreme Court  The Honourable Supreme Court vide their order in W.P.No.3744/2016 dated  8.12.2017 directed the Government to accept the verdict of the Armed Forces Tribunal as that was rightly pronounced.  Having left with no alternative,  the Ministry of Defence issued the orders vide their letter in 14(1)/99-d(ag) dated 25.7.2018 making the decision of the Armed Forces Tribunal applicable only in respect of Defence armed personnel, leaving out the Civilian employees and pensioners  from the ambit of the order.

                We have been given to understand that the Secretary, Staff  Side National Council  had taken up the issue of giving effect to the MACP from 1.1.2006  with the Government  through correspondence first on 16th January, 2018 i.e. immediately after the verdict of the Supreme Court and once again on 7th August, 2018, after the issuance of the orders by the Ministry of Defence  extending the benefit of the verdict to the Defence personnel.   To the best of our information and knowledge, the Department of Personnel did not even acknowledge these communications from the Staff Side, leave alone responding to it.

                Recently, the Mumbai High Court in their order in WP no. 1763 of 2013 dated 15.10.2018
In the case of..Shri M..P Joseph Vs. Union of India and three others has directed the Government to  immediately refix the pay and pension of the petitioner on the basis of the Supreme Court Verdict cited ,  failing  which to pay him interest at the rate of 6%.

                There are number of pensioners who will stand to financial benefit, if the Supreme Court verdict is implemented.  The Honourable Supreme Court on more than one occasion has ruled that the decisions of general nature must be extended to all similarly placed employees/pensioners.   In the case of Inderpal Yadav Vs. Union of India,(1985)SCC 648, the Supreme Court had stated :

“Those who could not come to the Court need not be at a comparative disadvantage position to that who rushed in here if they are otherwise similarly situated, they are entitled to similar treatment.”
                We appeal to you on behalf of the pensioners that the matter concerning the date of effect of the MACP may be taken up with the Department of Expenditure and Department of Personnel and ensure that orders are issued making the verdict of the Supreme Court in the case of Armed personnel are made applicable to all similarly placed civilian employees/Pensioners without further loss of time.   In other words, the MACP scheme may be made operative from 1.01.2006 to all Central Government employees/pensioners.  We expect to receive a  reply from your end.

                Thanking you,
Yours faithfully, 

Secretary General

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