+ Reply to Thread
Results 1 to 6 of 6

Thread: Difference in ACP benefit in same cadr before and after 31.08.2009 is not an anamoly?

  1. #1
    Junior Member prasmita is on a distinguished road
    Join Date
    Nov 2008
    Posts
    21

    Post Difference in ACP benefit in same cadr before and after 31.08.2009 is not an anamoly?

    DOPT Office memorandum No. 35034/3/2008-Esst. (D) dated 19.5.2009 says "while implementing the MACP scheme, the differences in pay scales on account grant of finanncial upgradation under the old ACP scheme (of August 1999) and under the MACP scheme within the same cadre shall not be construed as an anamoly"

    Can anybody explain how far it is legally invalid?

    Any Forum, Association individual interestedted in this matter, please come with more suggestions to challenge this in a court of law.

  2. #2
    Senior Member tvenkatam is on a distinguished road
    Join Date
    Mar 2009
    Posts
    641

    Default

    Quote Originally Posted by prasmita View Post
    DOPT Office memorandum No. 35034/3/2008-Esst. (D) dated 19.5.2009 says "while implementing the MACP scheme, the differences in pay scales on account grant of finanncial upgradation under the old ACP scheme (of August 1999) and under the MACP scheme within the same cadre shall not be construed as an anamoly"

    Can anybody explain how far it is legally invalid?

    Any Forum, Association individual interestedted in this matter, please come with more suggestions to challenge this in a court of law.
    The Constitution of India guaranties equality of opportunity in matters of public employment. This constitutional safeguard effectively enjoins equality upon the members of same cadre/class of employees. It bars discrimination in the matter of promotion also as employment includes promotion.

    ACPS and MACPS are the different unequal facets of promotion. These career progression schemes when applied on same cadre of employees cause unequal results of benefits, thereby leading to instances of seniors placed at financial disadvantage to juniors of the same cadre,. This is a clear discrimination of the protection guaranteed under the Constitution.

    Para 11 of the MACP Notification admits that there will be differences in pay scales on account of grant of upgradation under the old ACPS and under the MACPS within the same cadre. It further clarifies that these differences shall not be construed as an anomaly. This assertion of Government not to treat the discrimination against the seniors of the same cadre of employees vis--vis the juniors as anomaly is issued in utter disregard to the principles of natural justice and the protections guaranteed under the Constitution to the Government employees.

  3. #3
    Junior Member prasmita is on a distinguished road
    Join Date
    Nov 2008
    Posts
    21

    Default Let us organise ourselves for fight

    Dear friends,
    MACP is one among many reversals of matters resolved by the 5th pay commission. let us join our hands to fight this injustice.

  4. #4
    Senior Member jitendraacr is on a distinguished road
    Join Date
    Sep 2008
    Location
    SRINAGAR (J&K)
    Posts
    566

    Default

    Dear Shri Venkat
    One thing is very clear that this is an anomaly but it is also a fact that it is in consequence of new scheme which has to be inforce from a particular date. As regards constitutional rights, it is a common practice that Court do no interfere in the matters/anomaly arising out of any pay commission and thus this case is not worth for redressal in Court. MoF is the only authority who can do it but they have already clarified that this will not be treated as anomaly. We have to digest the situation though undigestable. There is no way out.
    with regards
    Jitendra

  5. #5
    Senior Member badri mannargudi is on a distinguished road
    Join Date
    Sep 2008
    Location
    Surat
    Posts
    283

    Exclamation

    Quote Originally Posted by jitendraacr View Post
    Dear Shri Venkat
    One thing is very clear that this is an anomaly but it is also a fact that it is in consequence of new scheme which has to be inforce from a particular date. As regards constitutional rights, it is a common practice that Court do no interfere in the matters/anomaly arising out of any pay commission and thus this case is not worth for redressal in Court. MoF is the only authority who can do it but they have already clarified that this will not be treated as anomaly. We have to digest the situation though undigestable. There is no way out.
    with regards
    Jitendra
    I crave leave to place a small difference of opinion on the subject. If a junior officer draws more pay than a senior and if CAT/High Court/Supreme Court, as the case may be, is convinced that the higher pay for junior is not justifiable then Such Court shall definitely not hesitate to render justice. In my view, such jurisdiction can not be taken away and NO EXECUTIVE DECISION IS ABOVE SCRUTINY BY THE APEX COURT.

    With regards,
    Badri

  6. #6
    Senior Member jitendraacr is on a distinguished road
    Join Date
    Sep 2008
    Location
    SRINAGAR (J&K)
    Posts
    566

    Default

    Respected Shri Badriji
    I am not saying that executive decisions are above jurisdiction but I only explained which happened after all pay commissions. I have read several court orders in which they simply pass the representations to the administrative ministry with direction to consider the case since the case comes due to pay commission recommendations. In all the recommendations regarding increase or decrease in pay due to pay commission, court normally do not interfere. It is also a fact that whenever a new scheme is launched, it may disadvantageous to some persons but overall intention is only to streamline the existing procedures. This fact has also got mentioned in 6th CPC recommendation while introducing single date of increment for all employees. What I opined that this may be well considered by the MoF/DoP&T rather than by court.
    with regards
    Jitendra

+ Reply to Thread

Similar Threads

  1. Replies: 0
    Last Post: 05-06-2009, 04:21 PM
  2. Replies: 0
    Last Post: 05-06-2009, 04:15 PM
  3. Holiday on 14.04.2009
    By venkatcustoms in forum Other Service Matters
    Replies: 0
    Last Post: 04-04-2009, 12:51 AM
  4. Pension anamoly
    By harishbetha in forum Pensioners
    Replies: 7
    Last Post: 15-10-2008, 07:40 PM
  5. Pay anamoly in Promotion
    By S. RAMALINGAM in forum Promotion, ACPS & MACPS
    Replies: 0
    Last Post: 29-09-2008, 06:10 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts