IMPORTANT CAT JUDGEMENT REGARDING -MACP
A copy of letter dated 14.08.2013 of Ministerial Staff Association, Survey Of India, Dehradun addressed to the ,Secretary to The Government Of India,Department of Science and Technology, on the above cited subject is attached herewith . The case of MACP to be given on the bases of hierarchy of post has been explained in detail in the said letter based on the Judgement of the CAT,Principal Bench, New Delhi which has been upheld by the hon’ble high court as well as the hon’ble Supreme Court of India.
It is very much clear from the para 8 (as reproduced below)of the orders dated 26-11-2012 issued by the Hon’ble CAT,Principal Bench, New Delhi in OA No.904/2012 in case of Sanjay Kumar, UDC and 18 Others ( copy attached), that the pay scale/grade pay is to be given as per the hierarchy of the promotional posts and not in the bases of hierarchy of the pay scales.
“In fact , the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme,issued by the Deptt. Of Personnel & Training,in case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission.In the Hierarchy after the scale of UDC the next scale is that of Assistant.Therefore,the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy ,namely,the Assistants carrying the pay scale of Rs. 9300-34800 and the grade of Rs.4200/”.
Hence it is evident from the said judgment that the MACP scheme has been wrongly implemented in the case of JE/AEs of CPWD. AEs on completion of 20 years of service are required to be given the next higher grade pay and pay band attached to the next promotional post in the hierarchy, namely, the Executive Engineer carrying the pay scale of RS. 15600-39100 and the grade pay of Rs. 6600/-.
Courtesy From: Ministerial Staff Association(SOI)