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MACP on promotional hierarchy granted on personal basis – DOPT informs under RTI and says CAT judgement not to be treated as precedent
All India Association of Administrative Staff (Non-Gazetted) has informed in its blog that DOPT has replied under RTI on the issue of grant of MACP on promotional hierarchy instead of next grade pay to the effect that SLP No. 7467/2013 was filed by the Department against the judgement of the Hon’ble High Court Chandigarh in CWP No. 19387/2011 to grant MACP on promotional hierarchy; that the said SLP was dismissed on technical grounds and not on merit and that the Department decided to implement the order dated 31.05.2011 of CAT Chandigarh Bench for grant of financial upgradation in the promotional hierarchy under MACP to the individual covered under under CAT Case on personal basis not to be treated as a precedent.
The Text of reply by DOPT under RTI is given as follows
No. P-13025/11/2014-ATGovernment of IndiaMinistry of Personal, Public Grievances & PensionsDepartment of Personal & TrainingNew Delhi, dated the 4th April, 2014
Sh. Vithba Gopala Dahekar
Plot No. 43, Om sai Society
Sub: Information under Right to information Act, 2005.
Sir,Kindly refer to your RRI application dated 01/03/2014 (transferred to the undersigned by the CPIO (Estt. D) DoP&T on 26/-3/2014) and to say that the SLP No. 7467/2013 was filed by the Department against the judgement of the Hon’ble High Court Chandigarh in CWP No. 19387/2011. The SLP was dismissed on technical grounds and not on merit. The Department decided to implement the order dated 31.05.2011 of CAT Chandigarh Bench for grant of financial upgradation in the promotional hierarchy under MACP to Shri Rajpal on personal basis not to be treated as a precedent. A copy of the Department\s letter No. 26012/5/2011-AT dated 19/08/2013 issued in this regard is enclosed. You have not indicated details of the matter of OA No. 914/2012. However the same does not appears to be related to any employee of CAT and therefore is not being dealt with in AT Division.2. The issue concerning policy on ACP and MACP scheme for the Central Government Employees are being handled in Estt (D) section of the Department. CPIO (Estt. D) DoP&T has already sent a reply to the applicant vide letter No. 41011/3/2014-Estt. (DF)/01309 dated 26/03/2014.3. The first appellate Authority in respect of the information furnished above is Shri A. Asholi Chalai, Director (AT), Department of Personal & Training, Room No. 2080 A, North Block New Delhi.
Encl: As aboveYours SincerelySd/(D.D. Maheswari)Under Secretary to the Government of India& CPIO (AT)
MOST IMMEDIATECOURT CASE
No. P-26012/5/2011-ATGovernment of IndiaMinistry of Personal, Public Grievances & PensionsDepartment of Personal & Training
New Delhi, dated the 19th August, 2013
Central Administrative Tribunal
61/35, Copernicus Marg
Subject: OA No. 1038/CH/2010-Raj Pal Vs UOI & Ors.
Madam,I am directed to refer CAT’s letter No. PB/4/36/2010-R dated 23/05/2013 on the subject cited above and to say that matter was examined in consultation with Ministry of Law & Justice and the Establishment Division of the Department. It has been decided to implement the CAT’s Chandigarh Bench’s order dated 31.05.2011 in the subject OA absolutely.2. Since the special leave petition (SLP) filed against subject OA was dismissed on the ground of in-sufficient explanation given to condone the delay in re-filing the SLP and not on merit, this order of granting of financial up-gradation in the promotional hierarchy under MACP to Sh. Raj Pal is personal to him and will not be treated as a precedent.Sd/(D.D. Maheswari)Under Secretary to the Government of India