Implement the MACP Scheme from 01.01.2006: NCJCM writes to DoPT

Implement the MACP Scheme from 01.01.2006: NCJCM writes to DoPT

Dated: August 7, 2018

National Council (Staff Side)
Joint Consultative Machinery for Central Government Employees
13-C, Ferozshah Road, New delhi-110001

No.NC-JCM-2017/MACP
The Secretary, Department of Personnel & Training,
North Block, New Delhi

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

Dear Sir,
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 retro respectively 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 1/1/2006. 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.

Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary

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NC (JCM) replied to DoPT on the decision to call for strike on 28th April, 2015

Secretary, National Council (Staff Side), JCM writes to Director/JCA, DoPT in reply of his letter regarding  the decision to call for strike on 28th April, 2015:-

Shiva Gopal Mishra
Secretary

NATIONAL COUNCIL (STAFF SIDE)

Joint Consultative Machinery

for Central Government Employees

13-C, Ferozshah Road, New Delhi-110001

No. NC/JCM/2015

Dated 16.02.2015.

The Director/JCA,
Government of India,
Ministry of Personnel, Public Grievances & Pension,
Department of Personnel & Training,
New Delhi.

Dear Sir,

Ref: Your letter No. 3/1/2015-JCA dated January 2015

The views expressed in your letter under reference are well taken. The JCM Scheme was introduced in 1966 with the provision of holding periodical meetings to resolve the grievances of Central Govt. employees. But the Scheme has been kept in suspension in animation for the last ordinary meeting of NC/JCM was held on. 15.5.2010. Standing Committee much less the Anomaly Committee is no substitution to ordinary meeting. Since beginning of the introduction of the Scheme the meeting of the Standing Committee of NC/JCM was used to be held one/two days earlier to the ordinary meeting to iron out the progress of the outstanding items of ordinary meeting and the same procedure continued for years together. Unfortunately, of late, this procedure has been given good by.

The removal of anomaly of CPCs are not only the issues. The grievances of Central Govt. employees are piling up, the Govt. has been taking unilateral decisions in detriment for the interest of the Central Govt. employees. There is no attempts on the part of the Govt. to discuss those issues by holding ordinary meeting of the NC/JCM, causing serious resentment and anger amongst Central Govt. employees.

Vide this office letter under reference we have submitted the issues which are of serious consequences in the service life of Central Govt. employees.

You will appreciate that Staff Side NC/JCM can not remain a silent spectator when grievances are not resolved and the Govt. continue to take unilateral decisions in detriment to the interest of Central Govt. employees.

However, meeting with Cabinet Secretary in Chair may be held to discuss the issues already submitted for arriving at a logical conclusion on the issues.

Yours faithfully,

sd/-

(Shiva Gopal Mishra)

Secretary

National Council(Staff Side)JCM

Source: http://ncjcmstaffside.com/wp-content/uploads/2015/02/Sign-letter-to-Director-JCA.pdf

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