interim stay orders have been issued by courts consequent upon
issuance of orders of DGAIR on refixation/ reduction of pay by
withdrawing the benefits of MACP: (1)
Manjit Singh &
others vide order dated 19.04.2018 of CAT, Chandigarh in OA No.
B.K.Roy & 2 others vide
order dated 17.05.2018 of CAT, Patna in MA No.217/2018 in OA No.
PSA vide order dated 26.06.2018 of CAT, New Delhi in MA No.2681/2018
in OA No. 3046/2015
(4) ARTEE vide
order dated 29.06.2018 of CAT, New Delhi in CP No. 371/2018 in OA
No. 2479/2015 (5)
ADTEA vide order dated
04.07.2018 in MA No. 2713/2018 in OA No. 4460/2017
(6) Santosh Kumar vide
order dated 29.06.2018 in MA No.2694/2018 in OA No. 1003/2017
(7) S.K.Nandy vider
dated 01.05.2018 in MA No. 388/2018 in OA No. 932/2017
DGAIR has issued a mischievous order
dated 26.06.2018 in the garb
of "Clarification on admissibility of MACP to engineering &
programme employees." The stupidity in the issuance of the order is
that the DGAIR has ignored the recommendations of 5th CPC allowing
the revised scale of Rs 6500-10500 to EA, SEA & AE from 01.01.1996
as replacement scale for Rs 2000-3200 & 2000-3500 of 4th CPC. Grant
of the scale of Rs 6500-10500 to all the 3 cadres of EA, SEA & AE
from 01.01.1996 by the 5th CPC was fully adjudicated and agreed to
by CAT, Patna Bench while passing order dated 07.09.2009 in OA
No. 514/2002 which had been approved by Patna High Court and Supreme
Court also. The pay scales of Tech and EA/ SEA has been revised by
MIB/ DGAIR by the order of Supreme Court from 01.07.1983 and
01.01.1978 respectively, but the DGAIR has ignored this fact also.
So far as grant of ACP and MACP to engineering employees are
concerned, the pay scales granted vide MIB 's order dated 25.02.1999
as incentive for working in Prasar Bharati have no locus standi as
the scales, as defined in the order dated 25.02.1999 itself, are
neither hierarchical pay scales of the cadres mentioned therein in
government nor are the pay scales for the cadres of Prasar Bharati.
Moreover, when upgradation of pay scales like that made by the order
dated 25.02.1999 have no bearing on grant of ACP (i.e. not counted
for the purpose of ACP) by Clarification No. 35 of DOP&T vide OM
dated 18.07.2001, how can this upgradation be counted for the
purpose of MACP when MACP is a modified version of ACP ? In all the
possibilities, the advice of DOP&T vide ID Note dated 10.07.2013 to
count upgradation of pay scales by MIB's order dated 25.02.1999 for
the purpose of MACP seems to be managed one by DGAIR/MIB. Since all
from DGAIR/MIB/DOP&T are hand in glove, the matter will not be
settled there unless intervention of Court.
Click here to see DGAIR's
Order dated 26.06.2018.
On the an Interim Order dated
15.11.2017 of Supreme Court,
the DOP&T has issued OM dated 15.06.2018 to continue reservation in
promotion for SC/ST until final decision is taken.
Click here for
DOP&T's OM dated 15.06.2018
A Promotion/Posting list
of 323 AEs to JTS post has been
released by DGAIR on 30.05.2018.
Click here for the list.
vide order dated 17.05.2018, had
extended upgraded pay scale of Rs 6500-10500 to all the EAs who had
joined department till 05.10.2007 after 25.02.1999. It has however
clarified that this will be counted against one MACP out of 3
eligible to them.
Click here for the order.
Stay on Recovery:
WP(C) No. 5168/2018 was filed by
ARTEE before Delhi High Court to stay operation of MIB's order dated
31.01.2018 which envisaged to adjust one MACP against upgraded
scales of MIB's order dated 25.02.1999 and effect recovery of excess
payment after refixation of pay. The HC granted stay on 15.05.2018
with instruction to file Contempt Application before PB of CAT, New
Delhi. (1) Click here for MIB's order dated 31.01.2018.
(2)Click for High
Court's Order dated 15.05.2018
Grant of GP-5400 in PB-2 after 4
years of service to all RETIRED AEs WHO WERE WITH PAO (IRLA):
The DGAIR, vide order dated
19.01.2018, had already clarified that PAO (IRLA) will suo motu
grant the benefit to the eligible retired AEs without any further
reference from DGAIR. Click here
for the order of DGAIR dated 19.01.2018
DGAIR, vide Order dated
04.05.2018, had put on hold the refixation and recovery of pay being
initiated by field offices of AIR & DD, by withdrawing one MACP due
to grant of upgraded scales by MIB's Order dated 25.02.1999.
Click here for the order.
Vide Order dated 18.04.2018 in OA No.
172/2018 filed by Sh.
A.K.Agarawal before CAT, Jaipur Bench, the CAT has said that any
promotion to JTS would be subject to decision in instant OA.
Click here for the
order of CAT
Vide Order dated 29.12.2017 in OA No.
542/2017 filed by Sh.
K.N.Gupta & others before CAT, Jaipur Bench, the CAT has said that
any promotion to JTS would be subject to decision in instant OA.
Click here for
the order of CAT