List of Important Court Cases filed in various court for grant of Modified Assured Career Progression (MACP) on Promotional Hierarchy instead of Grade Pay Hierarchy in contention of Sixth CPC’s recommendations is given below. Many judgement on this matter is also available on this website. Undermentioned list was published by Sh. TKR Pillai, General Secretary, AIAAS(NZ) on his blog http://aiamshq.blogspot.com as image. The text of images are reproduced below for readers of https://staffnews.in/ :-
| SL | O.A.No., CWP.No. SLP Civil (CC) No | Parties | Date of Order | Name of court | Remarks |
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| 1 | OA No.1038/CH/2010 (Advocate : Mr. V.K.Verma) |
Raj Pal s/o Tilak Ram, 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 (O&M)(Advocate : D.K.Bhisnoi) |
Union of India represented by DoP&T and others Vs. Raj Pal and another. |
19.10.2011 | High Court of Punjab and Haryana at Chandigarh |
Order dated 31-5-2011 of Hon’ble CAT, Chandigarh is upheld. CWP filed by Respondents dismissed. |
| 3 | SLP No.cc-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. Raj Pal and another. |
15.4.2013 | Supreme Court of India | SLP filed by the Union of India is dismissed |
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| 4 | OA No.904/2012 (Mr. M.K.Bhardwaj) | Sanjay Kumar, UDC and 18 others Vs. UOI nted by Ministry of Defense and others. |
26.11.2012 | CAT, Principal Bench, New Delhi. | OA is allowed for grant of MACP in next promotional post i.e. Assistant in PB-2+Grade Pay Rs.4200. |
| 5 | W.P.(C) 4552/2013 [PENDING] (Mr. M.K. Bhardwaj) |
UNION OF INDIA Vs. SANJAY KUMAR & ORS. | Delhi High Court | Hearing Date Court No. 5 Next Date: 04/09/2014 |
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| 6 | OA No.816/12 | M.V.Mohanan Nair, S/o M.R.Vishwanathan Nair, Photocopier CAT, Ernakulam Bench & others Vs Union of India |
29.1.2013 | CAT, Principal Bench Ernakulam Bench | OA is allowed for consideration of MACP in the hierarchy of promotional post. |
| 7 | OP(CAT). NO.2000 OF 2013 (Z) | UOI & ORS. .Vs. M.V. MOHANAN NAIR |
24.06.2013 | High court of Kerala at Ernakulam | In the result, this original petition is dismissed in limine |
| 8 | Special Leave Petition (Civil) 21803 OF 2014 |
UOI & ORS. .Vs. M.V. MOHANAN NAIR | Supreme Court of India | PENDING | |
| 9 | OA No.1798 of 2014 Advocate : Shri Yogesh Sharma |
Mahendra Kumar Dubey, S/o Sh. R.D. Dubey, Working as Programme Executive, In Doordarsan Kendra, Delhi VS UOI through the Secretary, Ministry of lnformation & Broadcastin |
22.05.2014 | Cat Delhi | OA is allowed for consideration of MACP in the hierarchy of promotional post within a period of one month |
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| 10 | OA No.2548/2014 MA No.2167/2014 (Advocate : Shri M.K.Bhardwaj |
Kishan Swarup Sharma, working as PPO(E), Meerut & 28 others V/S Secretary, Ministry of Agriculture, |
31.07.2014 | CAT, New Delhi | OA is allowed For consider the case of the applicants in the light of the aforesaid orders |
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| 11 | OA No.988 of 2014 MA No.872 of 2014 (Advocate : Shri M.K. Bhardwaj |
Pradeep Kumar. AE (C) Rohini, Delhi & 20 others VS Secretary, Ministry of Information & Broadcasting, Shastri Bhawan. New Delhi |
22.03.2014 | CAT. New Delhi | in view of the above position. we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs. |
| 12 | O.A. No. 1834/2014 Advocate: Shri Yogesh Sharma. |
Mohd Hamid Hussain, Working as APRO (Defence), Sr.Grade Group B Officer In the office of: DPR, Ministry of Defence New Delhi- & 34 others VS UOI through the Secretary, Ministry of Information and Broadcasting, |
23.05.2014 | Central Administrative Tribunal Principal Bench New Delhi |
In view of the aforesaid submission made by the applicants and the documents available on record. we dispose of this OA at the admission stage itself with a direction to the respondents to consider the case of the applicants in terms of the aforesaid orders within a period of two months from the date of receipt of a copy of this order. if the applicants are similarly placed, they shall also be treated alike |
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| 13 | OA 864/2014 Advocate: Shri M.K. Bhardwaj) |
Shri Om Prakash NCERT, New Delhi VS Secretary (NCERT) New Delhi |
12.3.2014 | Central Administrative Tribunal Principal Bench, New Delhi |
In view of the above position. we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a cop of this order. |
| 14 | W.P.(C) 3608/2014 | NCERT,New Delhi VS Shri Om Prakash & others |
14.07.2014 | High court of Delhi at New Delhi | CWP filed by Respondents dismissed. |
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| 15 | O.A. 1281/CH/2012 ADVOCATE: SHRI ROHIT SETH |
Sh. Babu Ram, working as Upper Division Clerk, working in the Central Administrative Tribunal, opposite Shivalik View Hotel, Sector 17, Chandigarh VS UOI |
09.05.2013 | CAT CHNDIGARH BENCH | allow this OA in terms of the view obtained in terms of the view obtained in the OA. 1038/CH/11and the judgments (Annexures A-11 to A-13). The compliance of the order must ideally come about within two months from the date a copy of this order is presented in the office of the competent authority. |
| 16 | CWP No. 24279 of 2013 | U.O.I. .Vs. BABU RAM & ORS. | 07.11.2013 | HIGH COURT OF PUNJAB & HARYANA | see order of even date passed in CWP No.24278 of 2013 (UOI and another versus Smt.Reeta Devi and another |
| 17 | Special Leave to Petition (Civil)10435 OF 2014 |
U.O.I. .Vs. BABU RAM & ORS | Supreme Court of India | Pending | |
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| 18 | Civil Writ Petition No.24253 of 2013 Date of Decision: |
U,O.I. .Vs. DHIRENDER SINGH & ORS. | 07.11.2013 | High Court Of Punjab & Haryana At Chandigarh |
For orders, see order of even date passed in CWP No.24278 of 2013 (Union of India and another versus Smt. Reeta Devi and another). |
| 19 | Special Leave to Petition(Civil)…. 10436 OF 2014 |
U.O.I. .Vs. DHIRENDER SINGH & ORS. | Supreme Court of India | Pending | |
| 20 | O.A. 12/CH/2013 By Advocate: Mr.Madan Mohan |
Smt. Reeta Devi, Senior Library Attendant, CAT Bench. Chandigarh. Versus Union of India |
22.05.2013 | Cat Chandigarh Bench | After going through the judgment passed in the case of Raj Pal (supra), we are in full agreement with the learned counsel for the parties. Accordingly, the present original application is allowed in same term as of Raj Pal (supra). Consequently, we quash the orders at Annexures A-1 & A-2. The respondents are further directed to grant the benefit of 2nd MACP in the pay band of Rs.9300-34800 with grade pay of Rs.4600/- from 1.3.2009 (which is the pay scale of next post in the hierarchy). The respondents are directed to comply with the judgment within a period of three months from the date of receipt of a copy of this order. |
| 21. | CWP No. 24278 of 2013 | Union of India VS Smt. Reeta Devi, & and others |
07.11.2014 | High Court Of Punjab &Haryana | CWP filed by Respondents dismissed |
| 22 | Special Leave Petition(Civil) 22181 OF 2014 |
U.O.I. & ORS. Vs. REETA DEVI | Supreme Court of India | pending | |
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| 23 | O.A. No. 040/00052/2014 | Narayan Kalita CPWD Guwahati VS UOI Represented by Secretary GOI, Ministry of Urban and Develoment |
Date of order 25.06.2014 Date of Delivery of Order 7.8.2014 |
CAT Guwahati Bench | OA is allowed. for grant of MACP in the hierarchy of Promotional post. Respondent is directed to grant scale of pay (PB-3) of Rs. 15600-39100 + Grade pay 6600/- |
| 24 | OA( 1727/2014) was filed by CPWD Engineers‘ Association in regarding MACP as per promotional hierarchy on 19.5.2014 |
CAT, Principal Bench, New Delhi on | next date of its hearing has been fixed by CAT on 24/09/2014 |
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| 25 | case filed by the Junior Clerks of Railway -OA No. 1509 of 2013 |
CAT Kolkata | next date of its hearing has been fixed by CAT on 8th Dec. 2014 |
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Besides, dozens of cases demanding granting MACP on promotion
hierarchy have been filed in various CAT of the country. It has come to know
that around 20 cases have been filed in CAT Kerala Ernakulam bench itself. Thus
the list as given above is not the full picture of the cases filed on the
subject so far.
hierarchy have been filed in various CAT of the country. It has come to know
that around 20 cases have been filed in CAT Kerala Ernakulam bench itself. Thus
the list as given above is not the full picture of the cases filed on the
subject so far.
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COMMENTS
Would u kindly intimate me whether promotion of postal Department from Postman to clerical cadre after qualifying Departmental competative exam. comes under the concept of promotional hairarchy.
National institute of Health and Family Welfare (NIHFW), Munirka, New Delhi-110067; an autonomous body of the Union Ministry of Health & Family Welfare doesn't follow the DoPT OMs issued from time to time on the matter of Cadre Review which specifically emphasise on isolated posts to get rid of stagnation. It hasn't conducted any cadre review since 1997. Here, an MTS can go up to the level of Section Officer (MTS-LDC-UDC-Asst.-SO), but there are some officials who join the organisation at entry-level Group-B isolated technical posts, don't have any hierarchy through out their career.
Sir, The department who files on appeal against the winning of an employee in Hon'ble CAT the filing officer should pay from his earning not on the dept expenses, because the spending our own tax money against us.
when the MACP on promotional Hierarchy won by Hon'ble CAT & High court it should be implemented which is stated by Hon'ble DOPT – MOS in Loksabha.
One more case on MACP is pending in CAT(PB) New Delhi O.A. No.3374/2014. Next date of hearing is on 2/11/2015
Hotchpotch in grant of financial up gradation under revised MACP scheme for Survey stream professionals at GSI, NR, Lucknow has put them in fix. Absence of adequate knowledge, immunity towards directives of superior authorities, stubborn and biassed mindset has been main hindrance to resolve the deadlocked situation. Grant of due financial benefits under revised MACP scheme at all the offices of Geological Survey of India, barring Northern Region office is just exposure of administrative fallacy.