MINUTES OF THE MEETING HELD UNDER THE CHAIRMANSHIP OF SECRETRY (P) ON 30.7.2021 TO DISCUSS THE LEFT-OUT ITEMS FROM THE MEETING OF THE NATIONAL COUNCIL (NC) OF THE JOINT CONSULTATIVE MACHINERY (JCM), HELD ON 26.06.2021
Litigation cases on service matters like Night Duty Allowance, MACP
Item No. NC-47/31/19 – Litigation cases on service matters:
i) Night Duty Allowance (NDA) in revised Pay Scales
ii) MACP in promotional hierarchy a and not in the next Grade Pay
iii) Placement from Higher Selection Grade to HS Grade -1 be ignored for granting MACP
The demand in brief is that the judgments of the Hon’ble Supreme Court, which have impacted a large number of employees, may be implemented in rem and not in personem, and also that the Government should implement such judgments suo-motu. Secretary, Staff side stated that the mechanism of JCM may be used to resolve the dispute.
On item (i) above, it was stated by AS(E) , DoPT, that the guidelines issued by DoPT are not for the industrial employees working under the MoD. Hence, MoD has to take a conscious decision in the matter.
On item (ii) above, it was stated the Hon’ble Supreme Court, in ‘M.V. Mohanan Nair vs. UOI’, dated 5.3.2020, directed that financial up-gradations under MACP Scheme may be granted in the standard hierarchy of grade pay and not in the promotional hierarchy. Based on this judgement, DoPT has issued instructions to all concerned to grant financial upgradation in the standard hierarchy of grade pay and not in the promotional hierarchy.
On item (iii) above, it was stated that the Grade Pay of 2800 given to HS-Grade 1, cannot be ignored for grant of MACP and that the MoD has already been advised of the same on 31.12.2020.
AS(Pers) , DoE, stated that their policy is to give benefit of court orders only to petitioners, and not to non-petitioners.
Decision: The Chair directed that in view of the above clarifications, this Item may be treated as closed.