Agenda Items Of The Standing Commission – Detail No.2,10 Too 48 Of The Articulation Commission Of Macp

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Senin, 31 Januari 2011

Agenda items of the Standing Committee – Item No.2,10 in addition to 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 in addition to 48 of the Joint Committee of MACP — Agenda items of the Standing Committee

Ref:- 1. This component missive of the alphabet of fifty-fifty number dated 16/01/2018 in addition to 27/03/2018
2. MOD missive of the alphabet No.14(1)/99-D(AG) dated 25th July 2018

Dear Sir,

This component vide Letters referred at 1 inward a higher house dated 16/01/2018 in addition to 27/03/2018 has represented to your expert self to brand the MACP system effective from 1/1/2006 since the Hon’ble Supreme Court inward its club inward WP 3744 of 2016 dated 08/12/2017 inward the affair of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of Bharat to implement the MACP Scheme retro spectively 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 inward a higher house (copy enclosed) convey instantly 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 1 fix of employees in addition to denying the same to the similarly placed employees is discriminatory in addition to unjustified.

The Hon’ble Supreme Court has repeatedly ruled that judicial decisions inward matter of a full general nature should hold upwards extended to all similarly placed employees. In the example of Inderpal Yadav Vs Union of Bharat (1985) SCC 648, the Apex courtroom has held equally Under:-

” Those who could non come upwards to the courtroom take away non hold upwards at a comparative disadvantage lay to those who rushed inward here, ‘if they are otherwise similarly situated, they are entitled to like treatment”

In persuasion of the inward a higher house to avoid multiplicity of litigations on the affair in addition to since the especial is too earlier the Joint Committee on MACP, it is requested that Govt. orders may delight hold upwards issued for implementing the MACP Scheme w.e.f 1/112006. While issuing such an order, it may too hold upwards clarified that the employees who were granted the produce goodness of ACP betwixt 1.1.2006 to 31.08.2008 are non adversely affected in addition to no recovery is ordered from them inward this connection.

Thanking you,

Yours faithfully,
(Shiva Gopal Mishra)
Secretary