07/11/SH NEWS

Upgradation of Grade Pay of LDC/UDC: Date of next hearing is 01/04/2020.

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Tuesday, September 9, 2014

ALL OUR FRIENDS ARE REQUESTED TO GO THROUGH THIS LETTER AND SEND THEIR VALUABLE SUGGESTIONS IMMEDIATELY.


GRANT OF MACP ON PROMOTIONAL HIERARCHY:
ENGAGEMENT OF A CAPABLE LAWYER TO DEFEND THE MACP CASE OF SHRI BABU RAM & Ors -REGARDING

Dear Members/friends,

You are aware that this Association has been pursuing the case of upgradation of Grade Pay of LDC & UDC for the last two years. The second most important issue which has been raised by us is the grant of MACP on Promotion hierarchy. This Association had put up the agenda for grant of MACP on promotional hierarchy in the National Secretariat meeting of the Confederation on 18/01/2010 which led the formation of a separate MACP Anomaly Committee. But the committee has not taken any fruitful decision to remove the hurdles in granting MACP on promotional hierarchy. Subsequently, individuals and Associations have filed cases in various courts for granting MACP on promotional hierarchy. And the dismissal of SLP filed by the DoPT against Shri Raj pal of CAT Chandigarh became the turning point on the issue.  In this connection, the cases come up for hearing so far has gone in favour of the employees. Principle CAT Delhi made historical judgments on the matter and asked the Government to implement its decision without any if and buts. CAT Guwhati, Chandigarh, Ernakulam  have delivered judgements in favour of employees and the High Court, Delhi, Ernakulam, Chandigarh have uphold the same.

According to the information available with us at present 4 SLPs are pending in the Supreme Court (1) SLP No. 10435 of 2014 UoI & Ors Vs Babu Ram & Ors (2) SLP No. 10436 of 2014 UoI & Ors Vs Dhirender Singh & Ors (3) SLP No. 21803/2014 UoI & Ors Vs M V Mohanan Nair and (4) SLP No. 22181/2014 UOI & Ors Vs Reeta Devi. The Basic demand of Shri Babu Ram & Dirender Singh were grant of MACP on promotional hierarchy whereas the nature  of the cases presented in the CAT by Shri M V Mohanan Nair & Ms Reeta Devi were something different than the demand for MACP on promotional hierarchy. Shri Mohanan Nair’s argument was that Rajpal, Ved Prakash & Mohanan Nair are photocopiers in different benches of CAT are borne in the same seniority list. Rajpal & Ved Prakash was granted pay hierarchy as per the provisions of ACP and as such parity may be given to him also. The argument of Smt Reeta Devi, who is holding an isolated post, was also something different than the argument of Babu Ram & Dhrender Singh.

We feel the SLP pending against Shri Babu Ram & Shri Dhirender Singh have direct relation with grant of MACP on promotional hierarchy. Details of the SLP related to Shri Babu Ram & Dhirender Singh are as follows:

S.No.
SLP Civil (CC) No
Parties
Current position





1.






10435 OF   2014





U.O.I.   .Vs.   BABU RAM & ORS
The case is converted to SLP 23333 of 2014. Consequent to the final judgment and order dated 07/11/2013 in CWP No. 24279/2013 passed by the High Court of Punjab & Haryana, Chandigarh; Hon’ble Supreme Court heard the case on 22/08/2014. Ordered to issue notice. And allowed stay on the operation of the order of High Court Chandigarh against which the SLP is filed.



2.



10436    OF   2014


U.O.I.   .Vs.   DHIRENDER SINGH & ORS.
According to information received to this Association, the case is converted to SLP (Civil) 23335/2014 and connected to SLP 23333 of 2014 i.e. with the case of Shri Babu Ram.
The SLP filed against Shri Babu Ram & others is treated to be the SLP filed against all the Central Government Employees who are fighting for grant of MACP on promotional hierarchy. And if Shri Babu Ram failed in this case, it may affect negatively to all Central Government Employees. In this contest I have contacted Shri Babu Ram & his colleague over phone and enquired reason for not engaging an advocate to defend his side on 22/8/2014. One of the colleagues of Shri Babu Ram has informed that the strength of the Ministerial Staff is less than 20 and Shri Babu Ram is working as UDC. And as such they are not in a position to spend as much money to appoint a competent advocate in the Supreme Court.

In the mean time, many of the viewers of this web site are in the opinion that individuals have limitations in contesting cases in Supreme Court. And the case will be ex-parte and in Government’s favour unless a capable advocate is got engaged by us.  Since the matter is related to raising funds, this Association is not willing to involve in it directly. 

In view of the above, all our friends are requested to give their valuable suggestions through comments, SMS, e-mail (e-mail aiams08@gmail.com) etc. to combat the situation.  All the individuals/Associations who are conducting court cases on this subject are requested to perform decisive role in tracing a solution on the issue as soon as possible. Our friends in and around Chandigarh may please contact Shri Babu Ram and his colleagues at CAT Chandigarh to support them in tracing a final solution in the matter.

This letter is published in favour of all Central Government Employees as regards the grant of MACP on promotional hierarchy is concerned. Any difference of opinion on the interpretation of the court decision on the above cases may please be pointed out so that necessary correction may be made at our level.

With greetings

(TKR Pillai)
General Secretary
Mob: 09425372172

43 comments:

  1. Yes we should arrange a good lawyer and fight the case at its best if there is a money matter we can arrange from all the LDC/UDC who are eagerly waiting for justice

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  2. This fight for justice. All the federation and union like; Railway, Defense, Ordnance factory, CPWD Engineers, Prasar Bharti Ministerial Staff are also perusing this issue. They should be forwarded this appeal through their post holders by personally or email. Individual efforts will not wok. Supreme Court Verdict should be in favour of employee.We are with you Pillai Sir.

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  3. All LDC are requested to file a Court Case
    We all are with you

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  4. Dear Sir,

    In my opinion, we should engage an Advocate to defend the case and the expenditure involved can be collected from all the LDCs/UDCs, who would be benefitted from the outcome of the case.

    Pls open an Account and intimate to us through your blog to enable us to contribute.

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  5. It is a fact that aggrieved LDC, UDC scattatered all over India. They will contribute generously to run the case. I am willing to contribute. Our association may take the initiative to collect fund. Our association may consult a lawyer to find a way to involve in this cases as a represent of all CG employees belong to LDC UDC cadre.

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  6. The MACP case is required to be won in the Hon. Supreme Court, so the competent Advocate may please be engaged and the appeal for the collection of individual/Association contribution may plese be made. It is through aiamshq website the appeal can be made and an account to be maintained by giving receipts etc. by the pannel which may be constituted at Chandigarh. To avoid any misunderstanding over the incurring of exp. in the matter the final account can be published through this website.

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  7. we are ready to help some mony

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  8. It is agreeable opinion that comments mentioned at 4 to 6 may be considered by all LDCs/UDCs of Central govt employees and autonomous bodies.

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  9. Pls open an Account and intimate to us through your blog to enable us to contribute.
    Reply

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  10. The major beneficiaries in this case are LDCs & UDCs. They are representing in all most all the big associations. So all the big associations like Railways, Defence etc. should be contacted and pursued to fight this case by giving a competent lawer.

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  11. Dear Mr. Pillai,
    Thank you very much for your concern about general staff. MACP on promotional hierarchy case is very crucial. Any rule framed for staff should be beneficial to the prior one, but it is not true in MACP case. Therefore, we all should fight for Babu Ram's case in supreme court. In my opinion an experienced and competent advocated should be hired by Federation on behalf of Mr. Babu Ram and accordingly he should be informed in advance. Regarding payment of the advocate: the payment should be made first from the account of federation, which may be collected from the members of the federation if it is required.
    All the best.

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  12. Individual can also forward this letter to trade unions post holders of Central Government organisation by searching their email address on web site. This message should come to know to each and every association and employee those who perusing this matter with DoPT. As this is beneficiaries to every CG employee. Pillai Sir is doing hard work for it. Every employee should spare some time and forward this message to unions post holders of every corner of India.

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    Replies
    1. Collective efforts will work out. Employee should contact to their office unions and convey this message. Babu Ram should be supported by financially by raising the funds. Leaders should be communicated to each other and take some fruitful and positive way to fight for justice. Lakhs of employee should contribute accordingly. Competent lawyer should be given this case.

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  13. In the cases of Babu Ram and others and Dhirender Singh and others, the Government has already implemented the Judgments of C.A.T. and High Courts , subject to final outcome of S.L.Ps and all the applicants in the above case have also been paid lakhs of rupees towards arrears etc. There is therefore no necessity of raising funds for defending cases in the Supreme Court of India on behalf of Babu Ram Dhirender Singh and other beneficieries. In case, the employees are not able to engage a competent counsel in the Supreme Court of India, then the association should engage some counsel before Supreme Court of India on the next date of hearing of the case in the interest of various employees of the country and donations should be discouraged on this account.

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  14. OK; Presume Shri Babu Ram & Dirender Singh got lakhs of rupees towards arrears etc. The amount so got might have been spent by them so far. And then how they raise the amount for engaging a suitable lawyer for them to defend their cases. If Shri Babu Ram is not conduct the case at his own, the amount over paid will be recovered from his monthly salary in installments. How this will benefit to other Central Government Employees. If Shri Babu Ram succeeds then all the Central Government Employees who have not given MACP on Promotional hierarchy will get the benefit and their pay will be revised accordingly. In this way they will get arrears lakhs of rupees. I disagree with the argument given above for not supporting Shri Babu Ram & his friends to conduct the case. Thus the theory given above is liable to be rejected.

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  15. Shri Pillai Ji, It is the time for associations, conferadations and National Council JCM(Staff side) should engage a good lawyer for the benefit of lakhs of Central government employees. All employees can not go to the court. So, open an back account so that each member of associations, confederations , other government employee can contribute at least Rs.100/-. We are ready to contribute. It is requested that you take a decision on this at the earliest and we are all with you, Sir.

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  16. Isn't there any provision for legal aid from Govt. for weaker section in the Supreme Court.

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  17. Rs 100!!!!
    It won't be for a cup of tea in Supreme Court. It should be atleast Rs 1000 each

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  18. I would suggest to get Mr Kapil Sibbal as Counsel. Maybe his rate is bit high. We should think we will not be getting arrears, and that amount to be donated for this case

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  19. Absolutely Right. In my opinion, Employee should convey this letter to their respective union/federation/confederation and Mr. Pillai Sir letter should published in all Central Government Union/Federation/confederations web site so that employee can suggest their views.

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  20. PILLAI SIR,
    OPEN AN ACCOUNT WE WILL CONTRIBUTE

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  21. This is a matter of fight against injustice done to us like low graded LDC/UDCs by the 6th CPC. This chance should not be loose. In such matter all the related employees should be united. First of all a competent advocate/counsel should be appointed. The estimate of expenditure for the case should be find out. Name and mobile numbers of related employees should be collected through department wise. The amount of contribution per head or any other message should be communicated through mobile messages. : PRASANNA PHOOKAN, LDC : 9612677438

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  22. Sir,
    Please inform the Bank Account Number i am sending the money through online

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  23. It is hard to believe that the employees working in C.A.T., who got lakhs of rupees as arrears might have spent all the money. It is believed that advocates in C.A.T. and High Courts conduct cases of C.A.T. employees either free of cost or by getting only typing and photocopy expenses so let them engage some competent counsel for defending the cases before Supreme Court of India. Why not we should become parties in court cases pending/filed in various courts instead of collecting money through opening a bank account for this purpose? There are chances of embezelment/ fraud of money so collected from employees through these accounts.

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  24. kanhaya, stenographer nsso, d.p. centre, giridihSeptember 11, 2014 at 4:21 AM

    We must support Babu Ram in his cause because this case is not of an individual but it is for all those Govt. employees who are being deprived off their wage. We must raise fund for this case and if possible we can be a party in this case. All major associations must come forward to support this case.

    A bank account may be opened and conveyed so individual supports from the willing ones can be collected. Periodic update of the case may be given on the website, to evade doubts.

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  25. I have very carefully gone through the judgments of C.A.T. and High Courts in the case of Raj Pal, Reeta Devi, Ved Prakash , Babu Ram and Dhirender Singh and Mohanan Nair and found that technically all the courts have erred in law in granting reliefs to ineligible petitioners in all the above cases. Delhi High Court has very correctly expressed different opinion in the case Sanjay Kumar and Others WP(C) No.4662 of 2013 which is now listed for hearing on 19.11.2014 for final decision. When so many cases are pending in High Court and Supreme Court of India and there is stay in all these cases on impugned judgments, It will not be advisable to waste money. In case, there are positive orders either from Delhi High Court or Supreme Court of India only then the affected parties should file cases because without filing cases in Courts no body is going to get the benefits as per practice. Only the petitioners in above cases will be getting the benefits and then why to waste money in these cases. Atleast, I am not willing to contribute money and will wait for decision in these cases and will take a final decision only to file a case or not after final verdict of Supreme Court of India. Those who want to waste their hard earned money may do so at their own risks and in the end every body will find that there is no beneficiery except the petitioners in all the pending cases.

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    Replies
    1. As regards to extending of judicial decisions in matters of a general nature to all similarly placed employees, 5th Pay Commission in its recommendation had observed that “we have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgment is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation. It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others Vs UOI & others (OA Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh Vs UIO [(1992) 19 ATC 94 (SC)], dated 20/07/1988; K.I. Shepherd etc. Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief. We clarify that this decision will apply only in cases where a principle or common issue of general nature applicable to a group or category of Government employees is concerned and not to matters relating to a specific grievance or anomaly of an individual employee” (Para 126.5)

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    2. Inspite of all judicial pronouncements, still only the petitioners in cases are being allowed benefits on personal basis by various courts and also by the government. Had it not been so then only Reeta Devi, Raj Pal, Ved Parkash, Babu Ram and others and Dhdirender Singh and others alone would not have been extended the benefits of court cases. Why not this benefit was extended to other similarly placed employees by the government? It goes to show that every one will have to approach some advocate, file a case for claiming reliefs as granted to other employees.

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  26. In Raj Pal case, though the SLP file by Govt. side was dismissed by Apex Court, the DOPT took a decision to implement it on personal basis. As it is so, even if the four SLP judgments are favor the staff side, DOPT may again say it will be implemented on personal basis. Hence, it does not look fair to longing behind these 4 SLPs. Instead of waiting for the judgements pronounced in cases filed by individuals and it is to be taken by DOPT for implementation to similarly placed employees, our Association must intervene in support of similarly placed employees
    and get a favorable judgement for implementation to all. It will be legally supported and courts will admit it as it is common cause.

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  27. In Raj Pal case, though the SLP file by Govt. side was dismissed by Apex Court, the DOPT took a decision to implement it on personal basis. As it is so, even if the four SLP judgments are favor the staff side, DOPT may again say it will be implemented on personal basis. Hence, it does not look fair to longing behind these 4 SLPs. Instead of waiting for the judgements pronounced in cases filed by individuals and it is to be taken by DOPT for implementation to similarly placed employees, our Association must intervene in support of similarly placed employees
    and get a favorable judgement for implementation to all. It will be legally supported and courts will admit it as it is common cause.

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  28. Please note the progress in the SLP 21803 UOI versus Mr.M V Mohanan Nair case before apex court. The case is listed on 8-10-2014 as per Supreme Court web site.

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  29. The SLP (Civil) 21803, UOI versus M V Mohanan Nair is listed on 8-10-2014 before the supreme court, as per the website of apex court

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  30. it is a good opportunity for all central govt employee to become unite for gaining a decision together in favour of employee.,Govt want to delay in MACP matter and waiting for 7cpc report.So open your mind and eye and come together for fruitful judgement in the SLP of Babu Ram and others.Come with sh pillaijee and donate for hiring a best Advocate,please give account no and IFS code no we are ready to contribute

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    Replies
    1. The Govt wants to delay the judgement in MACP on promotional hierarchy is a crystal clear fact. It is evidently seen in Sanjay kumar Versus UOI case which is at Delhi High Court. When hearing came before court on 4-9-2014, the Government Side requested adjournment. Court order says "at request adjourned to 19-11-2014 ". The Govt side requested such a long time for nothing to delay the case. Delayed justice is injustice.

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  31. We very much agree with your site notice a time has come for central Govt to become unite and give strength to sh pillaijee .some of our staff are pulling leg for getting better outcome from APEX Court in Babu Ram case and donot want to contribute even Rs100/.We are ready to contribute pl give A/C no and IFS code

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    Replies
    1. Hon'ble Shri Ram Jeth Malani ji is well known for defending needy petitioners in various cases in the past and that too without charging even a single penny. We are not against contributing money for the case but if the Association come forward and approach Shri Jethmalani ji or any other equally reputed lawyer of Supreme Court of India, we are ready to contribute enough money for Flood victims of J&K State, who need help more than petitioners like Babu Ram and others. Shri Pillai ji, please approach through Association some reputed lawyer at Supreme Court because these bunch of cases are listed on 8.10.2014 and less than one month's time left. If the Association succeeds in getting justice for central govt. employees, lakhs of employees will remain indebted to the Association during whole life. There is,therefore, no fun in opening any bank account or collections donations etc. for defending cases in Supreme Court.

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    2. Yes. I fully agree with the above comments. I am one of the members of the Association having my native place at Panchkula and have enquired at my personal level about the need of financial assistance to Babu Ram and other employees of C.A.T. Chandigarh. I have come to know that none of the concerned employees of C.A.T. Chandigarh have appealed to any individual or association to financially support them because most of the applicants are financially sound, living in govt. accommodations,having their own properties in or around Chandigarh in these days and are living luxirous lives like most of these people are having their own cars etc. and also spouses of them are also employed in government servicde.So there appears to be no necessity in financially supporting any of the applicants like Babu Ram and others. Today, the need is to financially supporting flood victims at J&K and let the respondents in Court cases manage themselves in engaging a lawyer at Supreme Court. I appeal to Shri Pillaiji to remove this blog from the website of the Association immediately and concentrate on engaging some honest lawyer who is not money minded in the interest of all employees.

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  32. yes, we want to contribute to a good counsel/advocate pl give A/C no & IFS code. As it is not a personal matter of Sh Pillaijee, it is time strengthen the hand of Sh Babu Ram who struggling for all central Govt employee.

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  33. Please give bank account no for hiring a best advocate/counsel.Being a member of association it is requested to contribute one day pocket expense to gain huge arrear amount. A has come to be unite together & not argument about the same.Give a big hand to Sh Pillaijee.

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  34. All LDC/UDC are requested to unite together to gain a huge arrear amount by implementing MACP in promotional hierarchy through APEX Court.So please give bank A/C No as soon as possible because SLP hearing will be on 8/10/14.

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  35. one of the member of association has inquired about the position of Babu Ram personally. He found that Babu Ram & others were not in a need of financial assistance by any means. Hence, instead of trying to provide financial help to them, our association, at least at this point of time, may think about legal intervention for the benefit of LDC&UDCs for whom Mr.Pillaiji is fighting.

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  36. Sir, I am working in the Directorate of Field Publicity, Min. of I&B as MTS and appointed in July-1989 and I get II MACP on completion of 20 years and get grade pay as 2,000/- w.e.f. July-2008, but on the promotional hierarchy can I eligible for grade pay 2,400/- or not, please clarify in this regard and oblige

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