APPEAL FILED IN JODHPUR HIGH
COURT AGAINST CAT JUDGEMENT
Para – 9 of the Annexure – I
to DOP&T OM dated 19.05.2009 provides in clearest terms that “regular
service for the purpose of MACPS shall commence from the date of joining of the
post in direct entry grade on a regular basis or on absorption/re-employment
basis.”
The existing statutory
Recruitment Rules of Postmen and PA cadre provide for promotion quota to be
filled up through LDCE (Limited Departmental Competitive Examination). Para – 5
of Annexure – I of DOPT Order on MACPS provides for ignoring only the
promotions/upgradations granted under the ACP scheme (old scheme) in the past
to those grades which now carry the same grade pay due to merger of pay
scales/up gradation of posts recommended by 6th CPC. Thus the promotions earned
through LDCE are not provided to be ignored.
As per the summary record of
discussions of the meeting held on 27.07.2012 with the JCM National Council
Staff side on issues relating to MACPS (Annexure III to DOP&T OM No
11/2/2008-JCA dated 13.09.2012) it was decided against item No. 4 that
treatment of such cases would be on the lines as was under the ACP scheme (old
scheme) and Ministry of Railways would examine the matter accordingly. Para 5.1
of Annexure-I to DOP&T OM dated 09.08.1999 relating to ACP Scheme (old
scheme) provides for counting of regular promotions earned through LDCE.
So far as the common
Judgment of the CAT Jodhpur in OA No. 382/2011, 353/2011 and 354/2011 dated
22.05.2012 is concerned, the CAT held that whenever and official appears in
LDCE and gets selected to the post, them it starts new innings for him and for
the purpose of counting his stagnation, if any, from the date of joining of the
new post alone would be relevant and his previous career advancement cannot be
called as promotion within the definition of the word “promotion” for
consideration of his eligibility under MACP scheme.
The judgment referred to
above is in contradiction to the provisions of the MACPS as also against the
decision of the Government against item No. 4 referred to in Annexure – III to
DOP&T OM No. 11/2/2008-JCA dated 13.09.2012.
MACP Scheme is the Scheme formulated by DOP&T, the nodal Ministry in this regard. Department of Posts cannot make any change in the scheme. The Department has accordingly referred the issue to the DOP&T and provided the required Recruitment Rules as called for by the DOP&T.
Keeping in view of the
existing provisions of the MACP Scheme as also the decision of the Government
against item No. 4, Department has filed writ petition (Appeal) before the
Hon’ble High court of Jodhpur.
Source : http://www.aipeup3chq.com/
No comments:
Post a Comment