After Hon’ble Supreme Court Judgement decided that MACP Scheme should endure allowed alongside final result from 01.01.2006 instead of 01.09.2008 Ministry of Defence has implemented the same inwards abide by of Defence Personnel.
If MACP is implemented alongside final result from 01.01.2006 inwards the house of 1st September 2008, it volition endure beneficial for employees who accept joined inwards Government Service betwixt 1996 in addition to 1998 every bit they would accept been granted MACP alongside final result from 1st September 2008 though they are entitled to First MACP afterwards completion of 10 years
Similarly, Central Government Employees who accept been appointed betwixt 1986 to 1988 volition likewise endure benefited every bit they would accept got their sec MACP exclusively on or afterwards 1st September 2008. However, if MACP system is given final result from 1st Jan 2006, they would endure entitled to sec MACP alongside retrospective final result on completion of xx years from the engagement 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 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 inwards 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 inwards its fellowship inwards WP 3744 of 2016 dated 08/12/2017 inwards the affair 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 engagement nosotros accept non received whatever positive reply from the DOPT. However the MOD vide missive of the alphabet referred at ii inwards a higher house (copy enclosed) accept immediately 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 gear upward 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 inwards affair of a full general nature should endure extended to all similarly placed employees. In the illustration of Inderpal Yadav Vs Union of Republic of Republic of India (1985) SCC 648, the Apex courtroom has held every bit Under:-
” Those who could non come upward to the courtroom postulate non endure 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 inwards a higher house to avoid multiplicity of litigations on the affair in addition to since the especial is likewise earlier the Joint Committee on MACP, it is requested that Govt. orders may delight endure issued for implementing the MACP Scheme w.e.f 1/112006. While issuing such an order, it may likewise endure 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 inwards this connection.
Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary
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