Make MACP scheme effective from 1-1-2006 in view of the order of Hon’ble Supreme Court in WP 3744 of 2016 dated 8/12/2017

Make MACP scheme effective from 1-1-2006 in view of the order of Hon’ble
Supreme Court in WP 3744 of 2016 dated 8/12/2017

National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E Mail :
Shiva Gopal Mishra
No. NC-JCM-2017/MACP
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
retrospectively from 1/1/2006. Till dated 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.
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Yours faithfully,
(Shiva Gopal Mishra)

Source: confederationhq