Letters issued on MACP & other issues during Oct 2013

ALL INDIA DEFENCE ACCOUNTS EMPLOYEES ASSOCIATION (HQ) KOLKATA

10-A, S. K. BOSE ROAD KOLKATA-700001

Camp Office: CDA (AF), West Block-V, R.K.Puram, New Delhi-110066

Mob No 09013160075, 09818657184

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No. AIDAEA/HQ/MACP/2013                                          Date:      Oct 2013

                                                                                     

To

The CGDA                                                                                    

Ulan Batar Road, Palam,

Delhi Cantt-10

Sub:  Granting of MACP on promotional hierarchy.

Respected Madam,

Hon’ble Supreme Court has dismissed the Petition(s) for special Leave to Appeal(Civil) (CC 7467/2013) filed by the government, and upheld the judgment passed by the Punjab & Haryana High Court in CWP. No. 19387/19010.2011 and Hon’ble CAT, Principal Bench, New Delhi in OA No. 904/2012 dated 26.11.2012.  Hon’ble CAT, Chandigarh Bench, in OA No. 1038/CH/2010 dated 31.05.2011 (Rajpal, S/o Shri Tilak Ram Versus Union of India and Others), issued following orders:-

“In our considered view, the present OA is squarely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh.

In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. of Personnel & Training, in case of the applicants.  By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6^th Pay Commission.  In the hierarchy after the scale of UDC, the next scale is that of Assistant.  Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy, namely, the Assistants carrying the pay scale of( Rs. 9300-34800 )and the grade pay of Rs. 4200.

In view of the above position, the OA is allowed.  The respondents are directed to grant scale of pay of Rs. 9300-34800 with grade pay of Rs. 4200 attached to the said promotional post of Assistant /OS from the due date to the applicants.

The aforesaid directions shall be compiled with within the period of two months from the date of receipt of a copy of the order, subject of the other conditions mentioned in the MACP Scheme.”

In the Defence Accounts Department, MTS/Clerk/Sr. Auditor are the most similarly situated with the applicants of the aforesaid OAs in the matter of grant of MACP in the Hierarchy of promotional post.  As such, the benefit of MACP in the case of MTS/Clerk/Sr. Auditor may kindly be considered in the light of the Spirit contained in the aforesaid judicial pronouncements which has attained its finality.

In view of the facts and circumstances submitted above, HQrs Office is requested to grant benefit of financial up gradation under MACP to MTS/Clerk/Sr. Auditor in their respective promotional hierarchy from their due date, in the light of the decision given by the aforementioned Courts/CATs.

An early action in the matter shall be highly appreciated.

Yours faithfully,

Yatendra Chaudhary                                                                                                                  President

ALL INDIA DEFENCE ACCOUNTS EMPLOYEES ASSOCIATION

(HQ) KOLKATA

10-A, S.K.Bose Road, Kolkata-700001

Camp Office: CDA (AF) , West Block-V, R.K.Puram, New Delhi

                                                        Email id: yatendrasingh53@gmail.com

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Ref: AIDAEA(HQ)/Gen/2013                                                             Dated  23-10-2013

To,                                                             

Ms VANDANA SRIVASTAWA

                                        IDAS 

Controller General of Defence Accounts

Ulan Batar Road, Palam,

New Delhi-110010

Respected Madam,

                           I, on behalf of staff, take this opportunity to convey our heartiest gratitude and thanks to your esteemed-self for taking positive steps i.e. Training Policy &  for getting resolved some long pending issues. At the same time, I would also like to bring to your kind personal notice some of the issues and humbly request your good-self for taking similar positive action to address the following important issues, keeping in view the fact that staff and officers of this department have always stood to the occasion, under all circumstances and helped this department to carve a niche for itself.

1.      Compassionate Appointment

There is a lack of Sensitivity/uniformity among different controllers on the issue, especially in the wake of dispensation of three years restriction by the H’onble High Court on the compassionate appointment. , matter lies unresolved since a long time.There is no gainsaying the fact that there has been a surge of cases in the recent past but lack of interest in the process has resulted in discontent and anguish among the kith and kins of the deceased. Unfortunately, compassionate appointment in some of the controllers is hardly being done, which I am sure, will be resolved by your personal intervention.(CDA(Army )Meerut, PCDA(P) Allhabad & PCA(Fys) Kolkata.etc)

2.      Organizing Workshops on JCM/  Association.

I am really thankful to the initiative of the Headquarters office in organizing the workshop on JCM/Association but I strongly feel that the practice should not be discontinued and such workshops should be organized every year in the four zones which will promote the interpersonal relationship between the staff side and the Administration. I would also request you to ensure participation of the officers of the IDAS cadre to make these workshops more meaningful and enriching.

3.      Redress of Grievances

Although we have a grievance redressal mechanism in place but ,of late, grievance redressal has lost its prime objective, as in majority of the cases decisions are inordinately delayed and there seems to be a lack of commitment to pursue the matter to its logical end, which leads to frustration among the aggrieved to such an extent that more often than not, it turns in to a disciplinary case against the aggrieved by the slightest mistake, which can be best avoided by strengthening the mechanism and making it more meaningful, which is already in its place.Perfomance Study at the apex level  can resolve the system.

4.   Fixation of Pay in the revised pay structure in cases of persons promoted as SO(A) and AAO between 01/01/2006 and 29/08/2008

I have noted with concern the expressed by Jt.CGDA(AN) in the steering committee meeting  ( 19-09-2013) towards the petitioner of the OA and I am deeply hurt by the contempt petition resulting in personal appearance , but you would also appreciate that this could have been averted by timely action as the situation was well anticipated in advance which could be evident from the D.O. letter dated 03.11.2010 written by the erstwhile Secretary(Defence Finance) to the then Secretary, department of expenditure(copy enclosed) much before the implementation of the CAG orders for their SO and AAO, who have historically enjoyed the parity with the SO and AAO of this department ,which is one of the organized Accounts department. While denying the dispensation made available to Assistants/PAs of CSS and SO /AAOs of CAG, in case of AAOs of this department, no valid reasons could be furnished particularly in view of the fact that Department of Expenditure itself has confirmed that the same formula will be applicable to other department in response to the RTI query raised by one  of the AAO of this department(copy enclosed).The AAOs of this department have been compelled by stress of circumstances beyond their control to resort to the only remedy available in the case. It is really unfortunate that despite the CAT orders of 09 Aug 2012 for implementation of the order within three months, we failed to implement the orders and the issue remained unresolved on the pretext of Ministry of Finance observation whereas similar concerns have been addressed by other departments, and Ministry of Finance has not taken any cognizance. Thus, it does not absolve us of our responsibility for promptitude of action in the case which resulted in simmering discontent among the AAOs of this organization who have always been considered as the backbone of this department. I hope, your kind intervention in the matter will surely present the case in the right perspective and help us in resolving the long pending issue.

I hope, the aforementioned important issues would receive your positive attention and the same shall be resolved within a fixed timeframe. Definitely, this will bring cheer on hundreds of faces and will motivate the staff and officers more and more towards their commitment..

With kind regards!

Sincerely yours,

Yetendra Chaudhary