Dept. appeal on Postal JCA struggle programme...
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Aadhaar Enabled Biometric Attendance System (AEBAS) be implemented in all central government offices
Aadhaar watch on babus
New Delhi, Aug. 20: The sarkari babu will have to make every minute count.
The Narendra Modi government has ordered that an Aadhaar Enabled Biometric Attendance System (AEBAS) be implemented in all central government offices.
A circular issued to all central government offices in the capital today has also asked employees, of all ranks, to submit their contact details (email ID, residential address, telephone and personal mobile phone numbers) to the department of personnel and training that is with the Prime Minister’s Office.
Delhi police are already building a databank containing the cellphone number, email ID, name, rank and “personal number” and of every city cop, from constable to commissioner, on the orders of the PMO. A letter from the home ministry on August 5 had asked for such a databank, which will also include the municipality in which the cop lives. “All the station house officers are on the job,” an officer said.
The circular issued today does not give a date from which the new attendance system will be implemented. It says “Aadhaar number is mandatory to register attendance”.
At least one state — Jharkhand — has begun implementing the AEBAS. But a central government order means the system will have to be adopted across the country.
The system will be implemented in the capital first and then in all central offices outside New Delhi. The order is binding on all employees, including those in the armed forces.
To implement the system, all offices will have to install fingerprint scanners with Wi-fi Internet. The objective of the system, sources said, is “to check absenteeism and measure the time an employee spends in office and the time he or she checks in and checks out”.
Similar systems have been implemented in many corporate offices, both in the private and the public sector, though they are not based on Aadhaar, the card issued to citizens by the Unique Identification Authority of India that was headed by Nandan Nilekani and created by the UPA II government of Manmohan Singh in 2009.
The system will also seek to ensure that employees cannot backdate attendance or mark attendance for someone else.
On July 1, Nilekani had met Modi and finance and defence minister Arun Jaitley and given a presentation on the Aadhaar scheme that impressed the new regime.
Police clueless
Delhi police have been left befuddled by the message from the PMO asking for the databank.
“This is unprecedented. We are not clear about the objective behind it,” a senior officer said in private.
“It seems the PMO is going to be the new control room for everything: it will keep a tab on all government officials including the police,” conjectured an IPS official posted in the home ministry.
The Delhi police, who claim to be the world’s largest metropolitan force with their 80,000 personnel including nearly 50,000 constables, have thrown themselves into the massive exercise.
Delhi’s is the only police force in the country that is under the Union home ministry’s direct control. Police sources said the directive came in the form of a ministry letter dated August 5.
Additional deputy commissioner Mahesh Batra then wrote to all the zonal deputy commissioners to help prepare the databank.
“May kindly direct the concerned to collect the same from every employee under your control and feed the information by August 13,” says the letter, dated August 11, of which The Telegraph has a copy.
“There will not be an extension of this date, being time-bound requirement by Prime Minister’s Office….”
Not surprisingly, the deadline has been missed. A senior officer said the task would be completed by the end of this month.
Source: The Telegraph
List of CPIOs and FAAs
List of CPIOs and FAAs - Andhar Pradesh Circle
List of CPIOs and FAAs - Jabalpur Division, Madhya Pradesh Circle
List of CPIOs and FAAs - Jabalpur Division, Madhya Pradesh Circle
54 new Kendriya Vidyalayas throughout India to be started
54 new Kendriya Vidyalayas throughout India to be started while 12th plan document proposes 500 Kendriya Vidyalayas – Minister’s reply in Parliament
GOVERNMENT OF INDIA
MINISTRY OF HUMAN RESOURCE DEVELOPMENT
LOK SABHA
STARRED QUESTION NO 410
ANSWERED ON 06.08.2014
OPENING OF KENDRIYA VIDYALAYAS
410 . Shri BIRENDRA KUMAR CHOUDHARY
RAVINDRA KUMAR RAY
Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:-
(a) whether the Government has any norms for opening of Kendriya Vidyalayas(KVs) in the country and if so, the details thereof;
(b) whether in view of increase in population, the Government proposes to revise such norms to facilitate the opening of new KVs, especially in high population density cities and districts, if so, the details thereof and if not, the reasons therefor;
(c) whether the Government proposes to open new KVs during the remaining period of 12th Five Year Plan, if so, the details thereof, State-wise and the funds likely to be incurred for the purpose; and
(d) whether certain cases of closure of KVs have come to the notice of the Government and if so, the details thereof, State/UT-wise?
ANSWER
MINISTER OF HUMAN RESOURCE DEVELOPMENT (SMT. SMRITI ZUBIN IRANI)
(a) to (d) : A statement is laid on the Table of the House.
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO. 410 RAISED BY SHRI BIRENDRA KUMAR CHOUDHARY & DR. RAVINDRA KUMAR RAY HON’BLE MEMBERS OF PARLIAMENT TO BE ANSWERED ON 6th AUGUST 2014 REGARDING OPENING OF KENDRIYA VIDYALAYAS.
(a) Yes, Madam. New Kendriya Vidyalayas in the Civil Sector are opened when there is a concentration of at least 500 employees of the Defence services / Government of India / Central Government Undertaking individually or jointly (250 in the case of Special Focus Districts) or when there is minimum potential enrolment of children of specified categories which may be 200 or an average of 30 per class whichever is more. The proposal for opening of a new Kendriya Vidyalaya under civil sector has to be received from the concerned Ministry of Government of India / State Government / District authority / Organization of employees belonging to eligible categories, in the prescribed format, committing therebyavailability of the requisite resources including 04 acres of land in Metropolitan City, 08 acres in Hilly and Urban Areas & 10 Acres in Semi-Urban/Rural Areas free of cost for setting up of a new KV. Besides the concerned sponsoring authority is required to provide temporary accommodation to run the school during construction period as well as residential accommodation to the extent of at least 50% of the total requirement.
(b) No, Madam. There is no proposal under consideration to revise the norms in view of increase in population since establishment of KVs is for providing a common programme of education to the wards of transferable Central Government Employees, including Defence Personnel.
(c) The 12th Plan document envisages opening of 500 new KVs during 12th Plan period. Actual sanction and opening of each such new KV depends on viable proposals, availability of funds and approval of the competent authority. The sanction of Government of India for opening of only 54 new KVs during the academic year 2014-15 has been conveyed to Kendriya Vidyalaya Sangathan at an estimated cost of Rs. 927.40 crore. The details of 54 Kendriya Vidyalaya is at Annexure-I.
(d) During the current academic year i.e. 2014-15, following 02 Kendriya Vidyalayas have been closed on the request of the sponsoring authorities:-
STATE NAME OF KENDRIYA VIDYALAYA SECTOR
Rajasthan Hindustan Zinc Limited, Zawar Mines, Distt. Udaipur Project
Haryana National fertilizer Limited, Panipat Project
STATE-WISE LIST OF 54 KENDRIYA VIDYALAYAS FOR WHICH APPROVAL OF GOVERNMENT OF INDIA CONVEYED ON 4.03.2014
STATE-WISE LIST OF 54 KENDRIYA VIDYALAYAS FOR WHICH APPROVAL OF GOVERNMENT OF INDIA CONVEYED ON 4.03.2014
Sl. No.
|
Name of proposal
|
State
|
Name of District
|
1.
|
Bandel Railway Colony
|
West Bengal
|
Hooghly
|
2.
|
Jaisindhar,
|
Rajasthan
|
Barmer
|
3.
|
Hanumangarh
|
Rajasthan
|
Hanumangarh
|
4.
|
Hardoi,
|
Uttar Pradesh
|
Hardoi
|
5.
|
Shrawasti
|
Uttar Pradesh
|
Shrawasti
|
6.
|
Akampat
|
Manipur
|
East Imphal
|
7.
|
Balasore,
|
Odisha
|
Balasore
|
8.
|
Angul
|
Odisha
|
Angul
|
9.
|
Vyasnagar
|
Odisha
|
Jajpur
|
10.
|
Hinjilicut
|
Odisha
|
Ganjam
|
11.
|
Golden Rock, SR, Tiruchirapally
|
Tamilnadu
|
Tiruchirapally
|
12.
|
Mahabubabad,
|
Andhra Pradesh
|
Warangal
|
13.
|
CISF, NISA Hakimpet, Secunderabad
|
Andhra Pradesh
|
Hyderabad
|
14.
|
Miryalguda,
|
Andhra Pradesh
|
Nalgonda
|
15.
|
Mandya,
|
Karnatka
|
Mandya
|
16.
|
Sector-28 Rohini,
|
Delhi.
|
Rohini (North West)
|
17.
|
Mathana, Kurukshetra
|
Haryana
|
Kurukshetra
|
18.
|
Ziro, Hapoli
|
Arunachal Predesh
|
Lower Subansiri
|
19.
|
Sandhole
|
Himachal Pradesh
|
Mandi
|
20.
|
Kasrawad
|
Madhya Pradesh
|
Khargone
|
21.
|
Chamrajnagar
|
Karnataka
|
Chamrajnagar
|
22.
|
Haveri,
|
Karnataka
|
Haveri
|
23.
|
Chikodi
|
Karnataka
|
Belgaum
|
24.
|
Sambalpur No. 2
|
Odisha
|
Sambalpur
|
25.
|
Rail Coach Factory, Raebareily
|
Uttar Pradesh
|
Raebareily
|
26.
|
Gangrani
|
Uttar Pradesh
|
Kushinagar
|
27.
|
Mancherial, Distt. Adilabad
|
Andhra Pradesh
|
Adilabad
|
28.
|
Rajampeta. Distt. Kadapa
|
Andhra Pradesh
|
Kadappa
|
29.
|
Siricila, Distt. Karim Nagar
|
Andhra Pradesh
|
Karim Nagar
|
30.
|
Nangal Town, Distt. Roop Nagar
|
Punjab
|
Roop Nagar
|
31.
|
Bundi, Distt. Bundi
|
Rajasthan
|
Bundi
|
32.
|
Tenali
|
Andhra Pradesh
|
Guntur
|
33.
|
Jhajha District Jamui
|
Bihar
|
Jamui
|
34.
|
Sasaram Distt. Rohtas
|
Bihar
|
Rohtas
|
35.
|
Narayanpur, Distt. Narayanpur
|
Chattisgarh
|
Narayanpur
|
36.
|
Ramarai Distt. Jind
|
Haryana
|
Jind
|
37.
|
Saloh (Santokhgarh), Distt. Una
|
Himachal Pradesh
|
Una
|
38.
|
Pandurna
|
Madhya Pradesh
|
Chhindwara
|
39.
|
Dausa, Distt. Dausa
|
Rajasthan
|
Dausa
|
40.
|
Siddharth Nagar
|
Uttar Pradesh
|
Siddharth Nagar
|
41.
|
Jharasangam Distt. Medak
|
Andhra Pradesh
|
Medak
|
42.
|
Kakinada
|
Andhra Pradesh
|
East Godawari
|
43.
|
Shivgarh, Rae Barielly
|
Uttar Pradesh
|
Rae Bareily
|
44.
|
Kulipota, Distt. Janjgir Champa
|
Chattisgarh
|
Janjgir Champa
|
45.
|
Matanhail, Distt. Jhajhar
|
Haryana
|
Jhajhar
|
46.
|
Fatehabad
|
Haryana
|
Fatehabad
|
47.
|
Udupi
|
Karnataka
|
Udupi
|
48.
|
Kottayam, Kudurthy
|
Kerala
|
Kottayam
|
49.
|
Amba, Distt. Morena
|
Madhya Pradesh
|
Morena
|
50.
|
Jamai, Distt. Chindwara
|
Madhya Pradesh
|
Chhindwara
|
51.
|
Dharamgarh, Kalahandi
|
Orissa
|
Kalahandi
|
52.
|
Jalore
|
Rajasthan
|
Jalore
|
53.
|
Bodhan Town, Distt Nizamabad
|
Andhra Pradesh
|
Nizamabad
|
54.
|
Kauhar, District Hq. at Gauriganj
|
Uttar Pradesh
|
Sultanpur
|
Source : loksabha.nic.in
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Grant MACP on Promotional Hierarchy - CAT Principal Bench, New Delhi Judgement
GRANT MACP ON PROMOTIONAL HIERARCHY – CAT PRINCIPLE BENCH, NEW DELHI
CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION GRANT OF MACP ON PROMOTIONAL HIERARCHY:
CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION, DEPARTMENT OF AGRICULTURE AND COOPERATION, FARIDABAD. THE CASE WAS FILED BY SHRI K S SHARMA, PPO (E)& Ors VIDE OA NO. 2548/2014, MA No. 2167/2014.
Text of judgement reproduced below:-
Central Administrative Tribunal
Principal Bench, New Delhi
OA No.2548/2014
MA No.2167/2014
New Delhi, this the 31st day of July, 2014
Hon ble Mr. G.George Paracken, Member (A)
Hon ble Mr. Shekhar Agarwal, Member (A)
1. Kishan Swarup Sharma, working as PPO(E),
Aged about 58 years,
S/o Shri Kumbh Karan Sharma,
R/o 64, Arya Nagar,
Suraj Kund Road,
Meerut-250001.
2. D.V. Singh, working as PPO(E),
Aged about 57 years,
S/o Late Shri Harkesh Singh,
R/o H.No.50, New Bhopal Vihar,
Garh Road, Meerut, UP
3. Mange Ram, working as PPO(E),
Aged about 59 years,
S/o Shri Bachan Singh,
R/o H.No.112, Baba Jawanth Singh Colony,
Raja Sansi, Amritsar, Punjab.
4. Mahendra Singh, working as PPO(E),
Aged about 59 years,
S/o Sh. Harbans Sngh,
R/o A-185, DDA Flats, Gazipur,
Delhi-110096.
5. Arun Kumar Sahu, working as PPO(E)
Aged about 58 years,
S/o Brij Nandan Sahu,
R/o V&PO Manda, via-Narhan,
Distt. Samastipur, Bihar.
6. Prakash Chandra, working as PPO(E),
Aged about 47 years,
S/o Late Shri Chokhey Lal,
R/o Village Puvena, PO Ahan,
Distt. Hathras.
7. Pradeep Kumar, working as PPO(E),
Aged about 46 years,
S/o Shri Rajbir Singh,
R/o H.No.1176, Type-IV,
H.H. IV, Faridabad, Haryana.
8. Mahesh Chandra, working PPO(E),
Aged about 50 years,
S/o Late Shri Bhikari Lal,
R/o 1224, Type-III,
NH-IV, Faridabad, Haryana.
9. Durga Prasad, working as PPO(PP),
Aged about 46 years,
S/o Shri Umrao Singh,
R/o H.No. 3H-93, NIT Faridabad,
Haryana.
10. C.S.Ranawat, working as PPO(E)
Aged about 47 years,
S/o Sh. L.S. Ranasat,
R/o 353, Block-A,Sainik Colony,
Faridabad, Haryana.
11. Rambir Singh, working PPO(E),
Aged about 51 years,
S/o Late Shri Jailal Singh,
R/o H.No.246, Sec-48, Faridabad,
Harayana.
12. Akhilesh Kumar, working as PPO(PP),
Aged about 48 years,
S/o Shri Surjan Lal,
R/o Q.No.1872, T-3, New Quarters,
NH-IV, Faridabad, Haryana.
13. Mahavir Singh, working as PPO(PP),
Aged about 55 years,
S/o Late Shri Jagal Lal,
R/o C-17, Pandav Nagar,
New Delhi-110092.
14. Jitendra Kumar, working as PPO(E),
Aged about 46 eyars,
S/o Shri Jagmer Singh,
R/o A-39, Defence Enclave,
Kanker Khera, Meerut, UP.
15. Yogesh Kunwar, working as PPO (WS),
Aged about 53 years,
S/o Shri Satya Pal Singh,
R/o Q.No.1005, Type-IV, NV-IV,
Faridabad, Haryana.
16. Kailash Chand, working as PPO(PP),
Aged about 51 years,
S/o Late Shri Jaggan Lal,
R/o H.No.26, Block-F, Arya Samaj Road,
Uttam Nagar, New Delhi.
17. Atul Kumar Sinha, working as PPO(PP),
Aged about 49 years,
S/o Shri R.N. Sinha,
R/o 126-B, Beside Little Flower School,
Shahpur, Gorakhpur-273006.
18. Arun Kumar Rana, working as PPO(E),
Aged about 45 years,
S/o Late Shri Ajab Sinha,
R/o B-264, New Panchwati Ghaziabad, UP.
19. Chanan Lal, working as PPO(E),
Aged about 58 years,
S/o Shri Mani Ram,
R/o H. No.246. Sec-48, Faridabad, Haryana.
20. Dr. Umesh Kumar, working as PPO(E),
Aged about 55 years,
S/o Late Shri S.P. Srivastava,
R/o 1032, Sec-3, Eldeco Udyan-II,
Raebareli Road,
Lucknow-226025.
21. Chandra Bhan, working as PPO(E),
Aged about 52 years,
S/o Late Shri Harlal,
R/o Old No.2, New No.3, 26 Street Nanganllur,
Chennai.
22. N.K.Meena, working as PPO(E),
Aged about 46 years,
S/o Late Shri Ram Sehai Meena,
R/o 1276/34, Sector-7, Antophill,
Mumbai.
23. Dr. Rajesh Kumar, PPO(E),
Aged about 47 years,
S/o Shri Maharban Singh,
R/o 1497, Sec-3,
Faridabad (Haryana)
24. Suresh Kapil, PPO(E),
Aged about 52 years,
S/o Late Shri Kewal Krishan,
R/o Raban, Solan (H.P.).
25. D.C.Tyagi, PPO(Chem.),
Aged about 55 years,
S/o Shri R.L. Tyagi,
R/o H.No.1186, Type-IV,
NH-IV, Faridabad, Haryana.
26. U.L.Srivastav, PPO(PP),
Aged about 58 years,
S/o Shri Amrit Lal Srivastava,
R/o Jangal Rani Sahas Kumari Tolo,
Mahabar Chhapra, Distt. Gorakhpur (UP)
27. Pitamber Singh, working as PPO(P),
Aged about 49 years,
S/o Shri Chandan Singh,
R/o Village Mumrejpur, Post Ahmadgarh,
Distt. Buland Shahar, UP.
28. Pawan Kumar, working as APPO,
Aged bout 45 years,
S/o Shri D.S. Chauhan,
R/o 148, New Dashmesh Avenue,
Opposite Khalsa College for Education,
Amritsar (Punjab)-143 002.
29. Vijay Pal Singh, working as PPO(E),
Aged about 47 years,
S/o Shri Kale Singh,
R/o H.No.92, Type-III,
NH-4, Faridabad.
applicants.
(By Advocate : Shri M.K. Bhardwaj )
Versus
UOI & Ors. through
1. The Secretary,
Ministry of Agriculture,
Krishi Bhawan, New Delhi.
2. The Plant Protection Advisor,
Directorate of Plant Protection,
Storage & Quarantine,
Govt. of India, Department of Agriculture &
Cooperation, NH-IV, Faridabad.
3. The Secretary,
Ministry of Personnel, Public Grievances,
& Pensions (Deptt. Of Personnel & Training),
Govt. of India,
North Block, New Delhi.
respondents.
ORDER (ORAL)
Mr. G. George Paracken, Member (J) :-
The applicant has filed this OA seeking the following reliefs :-
(a) to declare the action of the respondents in not granting the scale of Rs.15600-39100 (PB-3) with Grade Pay of Rs.5400 & 6600 as illegal and arbitrary.
To direct the respondents to grant scale of Rs.15600-39100 with Grade Pay of Rs.5400 & 6600 attached to the promotional posts, as 2nd & 3rd financial upgradation to the applicants under MACP from due date with all arrears of pay.
To declare the OM/MACP dated 19.05.2009 as unconstitutional to the extent the same deny the next promotional scale attached to the promotional post as 1st, 2nd & 3rd financial upgradation as illegal, arbitrary and unjustified and issue appropriate consequential directions.
To allow the O.A. with costs.
Pass such other direction or directions order or orders as this Hon ble Tribunal may deem fit and proper to meet the ends of justice.
2. According to the learned counsel for applicants, this case is squarely covered by an order of this Tribunal dated 26.11.2012 in OA No.904/2012 Sanjay Kumar Vs. Secretary, Ministry of Defence and Ors. The operative part of the said order reads as under :-
4. We have heard the learned counsel for the parties. The issue raised in the OA has already been considered by the Chandigarh Bench of this Tribunal in OA No.1038/CH/2010- Rajpal son of Shri Tilak Ram Versus Union of India and others.
5. In the aforesaid OA, the applicant was working as Photocopier and he was already given 1st Financial Upgradation under the ACP Scheme. According to the applicant, his pay had been wrongly fixed in pay band-1 with grade pay of Rs.2400/- on grant of 2nd Financial Upgradation under the MACP Scheme. This Tribunal held that the applicant therein was entitled for the 2nd Financial Upgradation in the next hierarchy of posts and not in the next grade pay. The posts of Photocopier and that of LDC/Hindi Typist being isolated posts, not having any promotional avenues, the Chandigarh Bench of the Tribunal made the following observations:-
11. We have heard the learned counsel for the parties and considered the documents on record.
12. There is no dispute that the applicant is holding the post of Photocopier, which is an isolated post, having no avenues for promotion. It is also not disputed that the post held by the applicant had been declared equivalent to the post of LDC/Hindi Typist etc. by the Tribunal as well as the High Court by judicial pronouncements in matters of grant of ACP, which have attained finality and stands implemented also. Accordingly, applicant was granted Ist ACP (under the old ACP) w.e.f. 9.8.99 in the pay scale of Rs. 4000-6000.
13. It has also been settled that the ACP would be granted on completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typists, and not in the next higher scale in the recommended scales. The same principle would have to be applicable in regard to grant of MACP to the applicant. The only difference is that while in case of ACP two financial upgradations were granted on completion of 12 and 24 years of service, in case of MACP, three upgradations on intervals of 10, 20 and 30 years of service.
14. The respondents have placed reliance on para 13 of the MACPS, which reads as under:
13. Existing time-bound promotion scheme, including insitu promotion scheme, Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.
Reliance has further been placed on decision taken in the second meeting of the Joint Committee on MACPS held under the Chairmanship of the joint Secretary DoPT was circulated. Item No.3 of the Agenda for the said meeting reads as under:
The MACP Scheme provides for placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay after 10,20 and 30 years of service. On the other hand the earlier ACP Scheme provided for placement to higher pay scale of the next promotion post in the hierarchy of the pay scale after 12 and 24 years of service taken from date of induction in service.
15. Be that as it may, the principle enunciated and settled by the Tribunal/High Court for grant of ACP cannot be changed and the same principle would apply for grant of MACP to him. The only difference is of number of years required to be completed. We find no justification to take a different view in the matter
16. For the foregoing reasons, the impugned order dated 9.8.2010, (Annexure A-1)qua the applicant, fixing his pay in PB-1 with grade pay of FR 2400/- under the second MACP, and the order dated 10.8.2010 (Annexure A-2 ) are hereby quashed and set aside. Consequently, the respondents are directed to grant second financial upgradation to the applicant under the MACPS from due date fixing his pay in the hierarchy of posts decided in his case earlier and to pay the resultant arrears without interest, within a period of 2 months from the date of receipt of a copy of this order.
17. The OA stands disposed of in the above terms. No costs.
6. The respondents have challenged the aforesaid order before the Hon ble High Court of Punjab and Haryana at Chandigarh in CWP NO.19387/2011 decided on 19.10.2011. The Hon ble High Court of Punjab and Haryana at Chandigarh held that there was no infirmity in the aforesaid order passed by the Chandigarh Bench of this Tribunal. The relevant observations of the said order are extracted hereunder:
Upon implementation of the 6th Central Pay Commission, the scale of Rs.3050-4590/- was kept in pay band-I, Rs.5,200-20,200/- with grade pay of Rs.1,900/-, the scale of Rs.4,000-6,000/- was also kept in pay band-I with grade pay of Rs.2,400/- and the scale of Rs.5,500/-9,000/- was kept in pay band-II in pay scale of Rs.9,300-34,800/- with grace pay of Rs.4,200/- increased to Rs.4,600/-. In terms of MACP Scheme, respondent no.1 was granted the lower scale by keeping in pay band -I of Rs.5,200-20,200/- with grade pay of Rs.2,400/-. This was done in terms of order dated 09.08.2010. Accordingly, respondent No.1 approached the CAT contending that he is entitled to be granted the scale of Rs.5,500-9000/- towards the 2nd Financial Upgradation at par with the post of Hind Typist and LDC. Such claim of respondent No.1 has been upheld by the CAT in the impugned order dated 31.05.2011.
7. In our considered view, the present OA is squarely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Hon ble High Court of Punjab and Haryana at Chandigarh.
8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. of Personnel & Training, in the 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/-.
9. In view of the above position, this OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34,800/- with grade pay of Rs.4200/- attached to the said promotional post of Assistant/OS from the due date to the applicants.
10. The aforesaid directions shall be complied with within the period of two months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.
There shall be no order as to costs.
3. He has also submitted that following the aforesaid order, this Tribunal has passed similar orders in OA No.1493/2014 Indian Ordnance Factories Gazetted Officers Association through its President Shri Brajesh Kumar Singh & others Vs. UOI & Ors, OA No.988/2014 Shri Pradeep Kumar & Ors. Vs. Secretary, Ministry of Information & Broadcasting & Ors,, OA No.864/2014 Shri Om Prakash & Ors. Vs. Secretary (NCERT) & Ors., and OA No.203/2014 Narener Kumar, JE(Civil) Vs. Govt. of NCT of Delhi & Ors. He has further stated that the OA No.864/2014 (supra) has been challenged by the respondents therein before the Hon ble High Court of Delhi vide WP(C) No.3608/2014 but the same was dismissed vide order dated 14.07.2014.
4. 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 case of the applicants in the light of the aforesaid orders. If their case is covered by them, they shall also be extended the same benefits under intimation to the applicants. The aforesaid direction shall be complied with, within a period of two months from the date of receipt of a certified copy of this order.
5. For the sake of convenience of the Respondents, Registry is also directed to send a copy of this OA to them.
( Shekhar Agarwal ) (G. George Paracken)
Member (A) Member (J)
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