Agenda items of the Standing Committee – Item No.2,10 and 48 of the Joint Committee of MACP
No.NC-JCM-2017/MACP
Dated: August 7, 2018
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
spectively 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”
” 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.
Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary
(Shiva Gopal Mishra)
Secretary
