After Hon’ble Supreme Court Judgement decided that MACP Scheme should move allowed amongst consequence from 01.01.2006 instead of 01.09.2008 Ministry of Defence has implemented the same inwards observe of Defence Personnel.
Now, Confederation of Central Government Employees together with Workers demands for implementing MACP Scheme for Central Government Employees likewise amongst consequence from 1st Jan 2006.
If MACP is implemented amongst consequence from 01.01.2006 inwards the house of 1st September 2008, it volition move beneficial for employees who convey joined inwards Government Service betwixt 1996 together with 1998 equally they would convey been granted MACP amongst consequence from 1st September 2008 though they are entitled to First MACP later completion of 10 years
Similarly, Central Government Employees who convey been appointed betwixt 1986 to 1988 volition likewise move benefited equally they would convey got their sec MACP alone on or later 1st September 2008. However, if MACP system is given consequence from 1st Jan 2006, they would move entitled to sec MACP amongst retrospective consequence on completion of twenty years from the appointment of joining inwards Government Service.
Confederation’s Letter dated 07.08.2018 addressed to DOPT
Agenda items of the Standing Committee – Item No.2,10 together with 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 together with 48 of the Joint Committee of MACP — Agenda items of the Standing Committee
Ref:- 1. This purpose missive of the alphabet of fifty-fifty number dated 16/01/2018 together with 27/03/2018
2. MOD missive of the alphabet No.14(1)/99-D(AG) dated 25th July 2018
Dear Sir,
This purpose vide Letters referred at 1 to a higher house dated 16/01/2018 together with 27/03/2018 has represented to your proficient self to brand the MACP system effective from 1/1/2006 since the Hon’ble Supreme Court inwards its gild inwards WP 3744 of 2016 dated 08/12/2017 inwards the thing of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of Republic of Republic of India to implement the MACP Scheme retrospectively from 1/112006. Till appointment nosotros convey non received whatever positive reply from the DOPT. However the MOD vide missive of the alphabet referred at ii to a higher house (copy enclosed) convey straightaway issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel past times implementing the Hon’ble Supreme Court judgment. Having implemented the judgment to ane develop of employees together with denying the same to the similarly placed employees is discriminatory together with unjustified.
The Hon’ble Supreme Court has repeatedly ruled that judicial decisions inwards thing of a full general nature should move extended to all similarly placed employees. In the representative of Inderpal Yadav Vs Union of Republic of Republic of India (1985) SCC 648, the Apex courtroom has held equally Under:-
” Those who could non come upwardly to the courtroom need non move at a comparative disadvantage position to those who rushed inwards here, ‘if they are otherwise similarly situated, they are entitled to similar treatment”
In sentiment of the to a higher house to avoid multiplicity of litigations on the thing together with since the detail is likewise earlier the Joint Committee on MACP, it is requested that Govt. orders may delight move issued for implementing the MACP Scheme w.e.f 1/112006. While issuing such an order, it may likewise move clarified that the employees who were granted the produce goodness of ACP betwixt 1.1.2006 to 31.08.2008 are non adversely affected together with no recovery is ordered from them inwards this connection.
Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary
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