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References/Representations/Court Cases in various Ministries/Departments/Organizations for grant of MACPS benefits in the promotional hierarchy-reg.
BLW PSS-92 · 2020-05-13
Circularstaff-establishment
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| Circular number | BLW PSS-92 |
|---|---|
| File number | 2 2034/4/2020-Estt(D) |
| Date | 2020-05-13 |
| Type | BLW Establishment Circular |
| Topic | staff-establishment |
| Official source | blw.indianrailways.gov.in |
Summary
References/Representations/Court Cases in various Ministries/Departments/Organizations for grant of MACPS benefits in the promotional hierarchy-reg.. BLW / DLW Establishment collection: PSS-Promotion, Selection and Serving Staff Matter. BLW reference: PSS-92,GM(P)/ER/PS&SSM-Pt-1. Railway Board reference: 2 2034/4/2020-Estt(D) dated 2020-03-23.
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References/Representations/Court Cases in various Ministries/Departments/Organizations for grant of MACPS benefits in the promotional hierarchy-reg.
BLW PSS-92 References/Representations/Court Cases in various Ministries/Departments/Organizations for grant of MACPS benefits in the promotional hierarchy-reg.. BLW / DLW Establishment collection: PSS-Promotion, Selection and Serving Staff Matter. BLW reference: PSS-92,GM(P)/ER/PS&SSM-Pt-1. Railway Board reference: 2 2034/4/2020-Estt(D) dated 2020-03-23.
Historical source collection. Check subsequent amendments and the linked original before relying on the policy. Displayed date is the BLW forwarding date in its catalogue; the Railway Board letter may have an earlier date.
r+rftqtd &mrrrf,q) ftrmtmivrorror+r Ertrur$- 22loo4 +tr{it INDIAN RAILWAYS (MINISTRY OF RAILWAYS) DIESEL LOCOMOTIVE WORKS VARANASI _ 221004, INDIA PSS-92 No. GM (P)/ER/PS&SSM-PI- 1 AllConcerned DlwA/aranasi, Kolkata, Sealdah, Camp Office, New Delhi.
Copy:-* Joint secretary And other staff council members.
* Secretary SC/ST Association.
* Secretary OBC Association.
* Secretary, RREA/DLW.
Sub:-References /Representations /Court Cases in various Ministries /Deparhnents lOryantzations for grant of MACPStenefits in the promotional hierarihy-reg.
A copy of Department of Personnel & Training letters No.22034/412020-Estt (D), dated-23.03.2020 is forwarded herewith for information and guidance.
DA:-02 Pages Office of the cM(P) Date- 13-05-2020 Copy for information and necessary action: -
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* CSWI/GSG
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Assista nt personnel Officer/Staff For General Manager(P)
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Subject:
No. 22034/4/2020-Estt. (D) Govemment of India Ministry of Personnel, Public Grievanccs & Pensions I)cpartrncnt of Pcrsonncl & 'l'raining + {. {. *,1.
North fllock, New Delhi Dated: 23'd March, 2020.
oFr.'ICE MEMORANDU.M Refcrence# Reprcsentations/Court Cascs in various Ministries/ Dcpartmentsl Ofggnirstions for :grant of MACPS benefits in.theprouiotional hier.archy- -;.sg In continuation of this Department's earlier O.M. of cven numbcr dated 20.01 .2016,01.03.2016 and 17.05.2016 on thc abovc,subject, thc undersigned is dirccted to say that the Hon'ble Supreme Courl of india vide Arder dated 05.03.2020 has drsposed of tho SLP(O) No 21803/zot4, UOI & Ors. Vs, M.V.
Mohanan Nair casc and other cases taggcd together.
2.
'Ihe Hon'ble Apex Court, in its aforcsaid judgrnent, has, inter alia, set aside oll the impugned orders of the High Courts in thcse batch of appeals arising out of SI"P(C) No.21803 of 2014, SLP(C) No.22l8l of 2014, SLP(C) No.23335 of 2014, SI.P(C) No.23333 of 2014, SI-P(C) No.18227 of 2015, SI.P(C) No.3l 125 of 2016 and SI.P(C) Diary No.6042 of 2017, and the appeals prefen'ed by the Union of lndia have been allowed. Further, the appeal arising out of SLP(C) No.33706 of 2016 is also disposed of. Consequcntly, thc Apex Court has uphcld the Govt. policy that benefits under MACPS are to he grantcd in the standard hierarchy of Grade Pays/Pay Levcls and not in the promotional hierarchy.
3.
The Hon'ble Apex Court, while setting aside the orders of the respective High Courts, has held that the ACP Scheme, which is now superseded by the MACP Scheme, is a matter of government policy.
Interference with the recommendations of an expert body like the Pay Commission and its reconrmendations for the MACP would have a serious impact on the public exchequer. The recomrnendations of the Pay Commission for the MACP Scherre have been accepted by the Government and implernented, and that there is nothing to show that the Scheme is arbitrary, or unjust, warranting interference. The judgement has also stated that without considering the advantages in the MACP Scheme, the High Courts erred in interfering with the govemment's policy by simply placing reliance upon the Raj Palcase, and that the impugned order
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