The repeated requests of the Ordinance Factory Board, Kolkata for implementation of CAT Principal Bench order have been ignored by the Ministry of Defence/DoPT. We produce below the copy of the information on the matter obtained by Shri Vithoba Gopala Dahekar of Nagpur under RTI Act.
Government of India
Ministry of Defence
Ordnance Factory Board
10A, Shaheed Khudiram Bose Road
Kolkata – 700 001.
Sub : OA No.904/2012 – Sanjay Kumar & 18 Ors-V-Uo1 & Ors. – Grant of MACP in the higher grade of promotional hierarchy
Ref : i) CAT Principal Bench order dated 26-11-2012
ii) OFB I.D. No.01/6th CPC/MACPS/PCC(A/A)(Pt.) dated 16-09-2013
iii) OFB I.D. of even No. dated 27-09-2013 & 28/1/2014.
The issue of grant of MACP in the higher grade of promotional hierarchy, was taken up with MOD vide OFB 1 D5 cited at ref (2) & (3) pursuant to judgment dated 26/11/2012 in the subject OA. It may be recalled that the subject OA was filed seeking MACP benefit in the higher grade of promotional hierarchy at the instance of order issued by CAT Chandigarh Bench in O A No. 1038/2010 ~ Shri Tilak Ram -V- UOI & Ors which was upheld by Punjab & Haryana High Court in CWP No. 19387/201 I decided on 19/10/201 1. The Special Leave Petition filed before the Hon’ble Supreme Court was dismissed on 15/4/2013.
Attached please find herewith copy of letter No. IOFGOA/NE/SAF/MACP/2013 dated 26/3/2014 received from GS/IOFGOA which has been addressed to DGOF & Chairman copy endorsed to Hon’ble Raksha Mantri and others. The said Association has enclosed copy of judgment in O A. No. 864/2014 delivered by Hon’ble CAT Principal Bench on 12/3/2014 where the Hon’ble CAT has directed the following:
“Once an order has been passed by this tribunal and it has also been upheld at the level of Supreme Court, there is no question of waiting for an approval of any Govt. department for implementation of the same”.
A similar representation dated 3/4/2014 received from Staff Side: Member. JCM-III level Council quoting the judgment dated 12/3/2014 in O A No. 864/2014 is also enclosed. It may be intimated that several OAS have been filed in different CATs/Courts on the same issue by the employees of this organisation and the same are pending.
MOD is requested to convey its decision at the earliest to avoid unnecessary litigations on the issue of grant of MACP in the higher grade pay of promotional hierarchy.
Encl: As above
(Smt. Arti C. Srivastava)
Director/Admin
For Director General Ordnance Factories
Shri Amlan Das,
Under Secretary,
D(Estt/Non-Gazetted),
Room No.340-B,
“B” Wing, Sena Bhavan,
New Delhi-110 011.
OFB I . D. No. 01/6th CPC/MACP/OA-904/A/A dated 06/05/2014
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GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
ORDNANCE FACTORY BOARD
10-A. SHAHEED KHUDIRAM BOSE ROAD
Sub: O A No. 904/2012 Sanjay Kumar and 18 ORS -V UOI & ORS
Ref: CAT Principal Bench judgment dated 26/11/2012.
Attached please find herewith copy of order dated 26/8/2012 passed by the Hon’ble CAT Principle Bench on the subject applications filed by the above named applicants . The text of the above order of Hon’ble CAT Principal Bench has been examined and it has been observed that the Hon’ble CAT has delivered the above order in accordance with the order issued by the CAT Chandigarh Bench in OA No. 1038/CH/2010 – Rajpal Son of Shri Tilak Ram -V- UOI & ORS which was up held by the Punjab & Haryana High Court in CWP No. 19387/2011 decided on 19/10/2011.
The Hon’ble CAT Principal Bench while adjudicating the matter agreed with the decision of CAT Chandigarh Bench and Punjab Haryana High Court and directed the Respondents to grant the grade pay of Rs 4200/- in PB-2 (9300-34800) attached to the promotional post of Assistant/OS.
The issue raised by the applicants in the above matter is that the applicants are entitled to grade pay or Rs 4200/ in the Pay Scale (9300-34800) under the MACP Scheme during 2nd financial up gradation from the grade pay of Rs. 2400/-. The Hon’ble CAT Principal Bench allowed the prayer and directed to implement the order within‘a period of two months from the date of order.
Since the Principle settled by the Hon’ble CAT Principal Bench is binding on all CATs surrounding the country, it is presumed that there may be chains of litigation on the issue.
Moo is requested to take up the matter with the Nodal Ministry (DOP&T) and convey its decision at the earliest to avoid unnecessary litigations on the matter.
Encl: As above
(Dr. (Smt) Vani A. Singh]
Director /Admin
for Director General, Ordnance Factories
Shri. Amlan Das,
Under Secretary/D/(Estt.& NG),
Ministry of Defence,
Department of Defence Production,
Sena Bhawan, New Delhi – 11.
OBF I.D. No. 01/6th CPC/MACPS/PCC(A/A) (Pt.) dated 16/09/2013
***
GOVERNMENT
MINISTRY OF DEFENCE
ORDNANCE FACTORY BOARD
10-A. SHAHEED KHUDIRAM BOSE ROAD
KOLKATA – 700001
Sub: O.A No. 904/2012- Sanjay Kumar and 18 ORS -V- UOI & ORS
Ref: 1) CAT Principal Bench judgment dated 25/11/2012.
2) OFB ID No. 01/6th CPC/MACPS/PCC(A/A)( Pt) dated 16/9/2013.
Attention of’MCD- is drawn to OFB I D dated 16/9/2013 cited at ref (2) vide which the issue involved in the subject O A and the order delivered by Hon’ble CAT Principal Bench was taken up with MOD to examine the order and further obtain decision of DOP&T at the earliest.
It may be reiterated that the applicants approached before the Hon’ble CAT Principal Bench seeking a direction to grant pay scale of Rs. 9300-34800 with grade pay of Rs. 4200/- attached to the said promotional post of Assistant/OS which was not given to them on the basis of DOP&T O M dated 19/5/2009 where it has been provided that the eligible Govt. servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay band and grade pay.
The Hon’ble CAT Principal Bench allowed the prayer of the applicants and vide its order dated 26/11/2012 directed the respondents to implement the order within a given period. It may be stated that by virtue of the said order the basic order of MACP is required to be revised and the direction of the Hon’ble Principal Bench is to be implemented in respect of all similarly situated employees working under the Union Govt.
It is also pointed out that the Staff Side Members raised the above issue in the last JCM-III Level Steering Committee Meeting held at OFB on 18/9/2013 and requested the authority to take up the matter for a decision from the Nodal Ministry.
MOD is requested to convey the present status of the issue on priority basis to avoid chain’s of litigation.
[Dr. (Smt) Vani A. Singh]
Director /Admin
for Director General, Ordnance Factories
Shri Amlan Das
Under Secretary/D(Estt & NG)
Ministry of Defence.
Room No. 339, ‘8’ Wing, Sena Bhawan,
New Delhi – 110 011.
OFB l.D. No. 01/6th CPC/MACP/OA-704/A/A dated 27/09/2013
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