MACP with effect from 1st January 2006 – Orders yet to be issued
While Ministry of Defence has already implemented Apex Court's Judgement, DOPT is yet to act.
MACP with effect from 1st January 2006 – Confederation Demand to implement Supreme Court Judgement for all Central Government Employees
After Hon’ble Supreme Court Judgement decided that MACP Scheme should be allowed with effect from 01.01.2006 instead of 01.09.2008 Ministry of Defence has implemented the same in respect of Defence Personnel
Now, Confederation of Central Government Employees and Workers demands for implementing MACP Scheme for Central Government Employees also with effect from 1st January 2006.
Who will be actually benefited out of MACP effect date preponement ?
If MACP is implementated with effect from 01.01.2006 in the place of 1st September 2008, it will be beneficial for employees who have joined in Government Service between 1996 and 1998 as they would have been granted MACP with effect from 1st September 2008 though they are entitled to First MACP after completion of 10 years.
Similarly, Central Government Employees who have been appointed between 1986 to 1988 will also be benefited as they would have got their 2nd MACP only on or after 1st September 2008. However, if MACP scheme is given effect from 1st January 2006, they would be entitled to 2nd MACP with retrospective effect on completion of 20 years from the date of joining in Government Service.
Confederation’s Letter dated 07.08.2018 addressed to DOPT
Agenda items of the Standing Committee – Item No.2,10 and 48 of the Joint Committee of MACP
Dated: August 7, 2018
Department of Personnel & Training, North Block,
Sub:- Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee
Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018
2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018
This office vide Letters referred at 1 above dated 16/01/2018 and 27/03/2018 has represented to your good self to make the MACP scheme effective from 1/1/2006 since the Hon’ble Supreme Court in its order in WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of India to implement the MACP Scheme retrospectively from 1/112006. Till date we have not received any positive response from the DOPT. However the MOD vide letter referred at 2 above (copy enclosed) have now issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel by implementing the Hon’ble Supreme Court judgment. Having implemented the judgment to one set of employees and denying the same to the similarly placed employees is discriminatory and unjustified.
The Hon’ble Supreme Court has repeatedly ruled that judicial decisions in matter of a general nature should be extended to all similarly placed employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC 648, the Apex court has held as Under:-
” Those who could not come to the court need not be at a comparative disadvantage position to those who rushed in here, ‘if they are otherwise similarly situated, they are entitled to similar treatment”
In view of the above to avoid multiplicity of litigations on the matter and since the item is also before the Joint Committee on MACP, it is requested that Govt. orders may please be issued for implementing the MACP Scheme w.e.f 1/112006. While issuing such an order, it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered from them in this connection.
(Shiva Gopal Mishra)
Source: Confederation / NC Staff Side JCM