Sample representation-Regarding grant of Grade Pay of Rs. 6600/- in PB-3 under 2nd financial upgradation under MACP Scheme to be made to DG,CPWD

Dear friends,

        As per  under tabulated orders of Hon’ble Tribunal ,CAT Chandigarh Bench, Hon’ble High Court of Punjab & Haryana and CAT, Principal Bench it is now clear direction 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 under MACP Scheme dated 19.05.2009: 

Sl.

No.

OANo. /CWPNo. Parties Date ofOrder NameofCourt Remarks
1 OANo.1038/CH/2010 Raj  Pal  s/o  Tikal Ram,

Photo   Copier   in   CAT, Chandigarh.

31-5-2011 CAT,Chandigarh OA is allowed for grant of

MACP in the hierarchy of promotional post.

2 CWP   No.19387        of

2011(O&M)

Union of India represented

By DoP&T and others Vs. RajPal and another.

19-10-2011 High   Court   of  Punjab &

Haryana           at Chandigarh

Order dated 31-5-2011 of

Hon’ble CAT, Chandigarh is upheld. CWP filed by Respondents dismissed.

3 SLP     No.7467 of

2013    against order

dated  19-10-2011  of the Hon’ble High Court

Union of India represented

By DoP&T and others Vs. RajPal and another.

15-4-2013 Supreme Court of

India

SLP filed by the Union of

India is dismissed.

4 OANo.904/2012 SanjayKumar,UDCand

18 others Vs.UOI represented by Ministry of Defence and others.

26-11-2012 CAT, Principal

Bench, New Delhi.

OA is allowed for grant

Of MACP in next promotional post i.e.Assistant inPB-2+ GradePay Rs.4200.

 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 heirarchy 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/-.  therefore,base on above judgement a sample representation has been drafted  Regarding grant of Grade Pay of Rs. 6600/- in PB-3 under 2nd financial upgradation under MACP Scheme to be made to DG,CPWD as per your details.

Download:    sample representation

                 Court orders

 
Regards
 
P.R.Charan Babu,Secretary,
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About CPWD Engineers' Association

It is a great pleasure to inform you that CPWD Engineers Association has launched its Blogging page. Now this page will bring to you latest developments/activities of our Members. All efforts are being made to ensure that this website caters to the requirement of CPWD Engineers so far as their various information through this Association is concerned. In course of time this page would be the most useful source of information and would reduce the gap between the Engineers and this Association. Please must inform to other members too. This page is added for various interesting things, Important News & Activities of Association .

Posted on Tue, Sep 10th, 2013, in service matter, What's new. Bookmark the permalink. 2 Comments.

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