Sunday 28 June 2015

MODEL OA IN MACP CASE FILED FOR PENSIONERS IN CHENNAI CAT


MACP CASE FILED IN CHENNAI CAT BY AIPRPA MEMBERS IN TAMILNADU 

MODEL OA FILED IS HEREUNDER AND COMRADES ARE REQUESTED TO TAKE A COPY TO STUDY SIMILAR CASES IN THEIR RESPECTIVE STATES BEFORE APPROACHING ADVOCATES 

AS 7th CPC is expected to submit its recommendations within the next four months, Comrades are requested to expedite filing Pensioners Cases for III MACP in CAT early.

OA FILED IN A  CASE IN CHENNAI CAT IS AS FOLLOWS:

BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
MADRAS BENCH

O.A. No.           of 2014
V.R. Venkatesan,
Retd. Sub Post Master,
Tandaiapet PO,
Chennai – 600 043.                                                                 … Applicant
-Vs-

Union of India,
Rep. by Senior Superintendent of Post Offices,
Chennai City North Division,
Chennai – 600 008.                                                                 … Respondent

ORIGINAL APPLICATION UNDER SECTION 19 OF THE
ADMINISTRATIVE TRIBUNAL ACT, 1985.

DETAILS OF THE APPLICATION
1.   PARTICULARS OF THE ORDER AGAINST WHICH THE APPLICATION IS MADE.

i)  Number of the order                 Memo No. B2/MACP/Misc/Dlgs
                                                      


ii)  Date of the order                      22.04.2014     

iii) Subject in brief                         Applicant seeks to set aside Order dated 22.04.2014 passed by the Respondent and consequently direct Respondent to grant MACP III to him.  

2.   JURISDICTION OF THE TRIBUNAL:

The applicant declares that the subject matter of this application is within the jurisdiction of this Hon’ble Tribunal.
3.   LIMITATION:

The applicant further declares that the application is within the limitation period prescribed in Section 21 of the Administrative Tribunal Act, 1985.
4.   FACTS OF THE CASE:
(a)  The Applicant submits that he is a retired Sub Postmaster in Department of Posts. He files the present Original Application to set aside Respondent’s Order dated 22.04.2014 and consequently seeks a direction to the Respondent to grant him MACP III. Applicant submits that he was initially recruited in the Post of Group D on 19.01.1971. Thereafter on 19.09.1975 the Applicant was selected through competitive examination to the Post of Postal Assistant. Applicant submits that with a view to provide each employee of the Department with at least one carrier advancement in his entire services Department notified a Scheme called Time Bound One Promotion Scheme vide its office memo No. 31-26/83-PE.I dated 17.12.1983. Under the said Scheme each employee of the Department is entitled to get one financial up gradation wherein his pay will be placed on the next higher post’s pay scale on the successful completion of sixteen years of his service in a particular cadre. While this being so the Department after some time also notified another Scheme called Biennial Cadre Review vide office memo No. 22-1/89-PE.I dated 11.10.1991. Under the said Scheme the incumbents of existing posts in the Department would be enabled to draw pay in the next higher scale on successful completion of twenty six years Departmental service in that cadre. 
b.  The Applicant submits that as he was selected through competitive examination to the Post of Postal Assistant on 19.09.1975 he was granted financial up gradation under Time Bound One Promotion Scheme with effect from 20.09.1991. Further Applicant was granted his second financial up gradation under Biennial Cadre Review on 01.01.2002. While this being so consequent on the recommendations of Sixth Pay Commission the Government of India introduced Modified Assured Carrier Progressive Scheme for the benefit of Central Government Employees vide Memo No. 35034/3/2008-Estt. (D) dated 19.05.2009. A copy of the Memo No. 35034/3/2008-Estt. (D) dated 19.05.2009 is enclosed as Annexure A1. Applicant submits that the object and reason for the introduction of MACP Scheme to Central Government Employees is to avoid stagnation of employees concerned in a particular post for years together without any promotion. Under the scheme an employee of Central Government Department will be granted financial up gradation to next pay band and grade pay in promotional hierarchy immediately on completion of 10, 20 and 30 years of Departmental service. Further an employee may also be granted financial up gradation to next pay band and grade pay in promotional hierarchy if he or she is stagnated in a particular post for ten years without any promotion subject to the maximum of three such up gradation in his/her entire service.
c.  The Applicant submits that the Department of Post in suppression of then existing Time Bound One Promotion Scheme and Biennial Cadre Review adopted Modified Assured Carrier Progression Scheme with effect from ___________ vide its Memo No. ___________________________ dated ______________.  As he was brought under the ambit of MACP Scheme by the Department of Post Applicant vide his representation dated 04.01.2013 sought third financial up gradation under MACP III as he at the time of his retirement from the Department completed 33 years of Departmental service. A copy of the representation dated 04.01.2013 is enclosed as Annexure A2. Applicant sought financial up gradation under MACP III as he already availed two financial up gradations under Time Bound One Promotion Scheme and Biennial Cadre Review Scheme on completion of 16 years and 26 years of Departmental services. As no reply is forthcoming from the Respondent Applicant submitted a reminder to the Respondent on 20.12.2013 and requested Respondent to grant him MACP III. But the Respondent to Applicant’s shock and dismay vide the impugned Order dated 22.04.2014 denied Applicant his legitimate financial up gradation under MACP III. A copy of the impugned Order passed by the Respondent is enclosed as Annexure A3. The Respondent in order to deny Applicant his financial up gradation under MACP III alleges that as Applicant was promoted to the Post of Postal Assistant from Group D that will offset MACP I. Further he alleges that financial benefits granted under Time Bound One Promotion Scheme and Biennial Cadre Review Scheme will offset MACP II and MACP III.
d.  The Applicant submits that first and foremost the reasoning of the Respondent that selection of Applicant to the Post of Postal Assistant in competitive examination will constitute a promotion to offset MACP in order to deny Applicant his legitimate right to get MACP III financial up gradation is unjust and arbitrary because the selection of Applicant as Postal Assistant on 19.09.1975 is altogether a new recruitment to a different cadre than that of Group D. The Respondent ought to have computed the Applicant service in the Department for the purpose of granting MACP III only from the day on which he was selected as Postal Assistant since Applicant’s selection cannot in any way termed as promotion but on the contrary it is a result of direct recruitment process. It is true that Applicant was appointed in Group D Post initially on 19.01.1971. But on his own volition Applicant participated in the recruitment to the Post of Postal Assistant in a Competitive examination and was selected based on such exercise. It is appropriate here to mention that in normal due course otherwise than on being selected in a Competitive examination a Group D Official has no assess to the Post of Postal Assistant. At best in his entire career he can be promoted to the Post of Jamaidar. Applicant submits that the action of the Respondent in denying his legitimate financial up gradation under MACP III is discriminatory in nature and is against Article 14 of Constitution as it is being granted to a similarly placed Postal Assistant recruited for the first time in that post. Merely since Applicant holds an altogether different post and cadre in the Department on earlier occasion before being directly recruited to the post of Postal Assistant the Respondent had denied benefits under MACP III. Hence being left with no other alternative remedy, the applicant approaches this Hon’ble Tribunal.
5.                                             LEGAL GROUNDS
a.  Applicant submits that first and foremost the reasoning of the Respondent that selection of Applicant to the Post of Postal Assistant in competitive examination will constitute a promotion to offset MACP in order to deny Applicant his legitimate right to get MACP III financial up gradation is unjust and arbitrary because the selection of Applicant as Postal Assistant on 19.09.1975 is altogether a new recruitment to a different cadre than that of Group D.
b.  The Respondent ought to have computed the Applicant service in the Department for the purpose of granting MACP III only from the day on which he was selected as Postal Assistant since Applicant’s selection cannot in any way termed as promotion but on the contrary it is a result of direct recruitment process.
c.  The action of the Respondent in denying Applicant his legitimate financial upgradation under MACP III on the premises that Applicant already availed maximum financial upgradation is unjust and will defeat the object of the scheme.
d.  The selection of Applicant to the Post of Postal Assistant cannot be termed to be a promotion especially when Group D Post which the Applicant was holding earlier is not the feeder Post to that of Postal Assistant.
e.  The action of the Respondent in denying his legitimate financial up gradation under MACP III is discriminatory in nature and is against Article 14 of Constitution as it is being granted to a similarly placed Postal Assistant recruited for the first time in that post. Merely since Applicant holds an altogether different post and cadre in the Department on earlier occasion before being directly recruited to the post of Postal Assistant the Respondent had denied benefits under MACP III.
6.  DETAILS OF REMEDIES EXHAUSTED:
There are no remedies available under the relevant service rules, for the relief prayed for herein.
7.   MATTERS NOT PREVIOUSLY FILED OR PENDING WITH ANYOTHER COURT:
The applicant further declares that he has not previously filed any application, Writ Petition or Suit regarding the matter in respect of which this application has been made, before any Court of law or any other authority or any other bench of the Tribunal nor any such application, Writ Petition or Suit is pending before any of them.
8.   FINAL RELIEF SOUGHT:
In these circumstances, the applicant pray that this Hon’ble Tribunal may be pleased to set aside Memo No. B2/MACP/Misc/Dlgs dated 22.04.2014 issued by the Respondent and Consequently direct the Respondent to grant him financial upgradation under MACP III with all attendant benefits including interests on arrears at the rate of 12% per annum till the date of payment and pass such other orders as are necessary to meet the ends of justice.
9.   INTERIM RELIEF SOUGHT:
NIL

10.    NOT APPLICABLE:

11.    PARTICULARS OF POSTAL ADDRESS:
Number of Postal Order                :
Name of issuing Post Office          :  High Court, Chennai – 104
Date of issuing Postal Order         :
Post Office at Which payable        :  High Court, Chennai – 104

12.    LIST OF ENCLOSURES:
As mentioned in Index above.


VERIFICATION
          I, V.R. Venkatesan, son of V.K. Ramamurthy, aged about 66 years, residing at A/3, Kailash Flats, 1st floor, No. 5, Siva somkeram street, Rajaji Nagar, Jamin Pallavaram, Chennai – 600 043 do hereby verify that contents of 1 to 4 and 6 to 10 to be true on my personal knowledge and paragraph 5 is believed to be true on legal advice and that I have not suppressed any material fact.

Place : Chennai
Date :


Counsel for Applicant                                                    Signature of the                                                                                                         Applicant
  

     





Saturday 20 June 2015

CHQ Office Bearers and State General Secretaries and District & Divisional Secretaries of AIPRPA to attend National Convention

NCCPA ORGANISES ALL INDIA CENTRAL GOVERNMENT PENSIONERS CONVENTION AT HYDERABAD 
ON 31-07-2015

NCCPA Convention is being organised as per the decision of the National Executive 

Hyderabad based All Pensioners & Retired Persons Association taken the responsibility to host the National Convention

AIPRPA as an affiliate of NCCPA has to attend in great numbers. All CHQ Office Bearers, State General Secretaries / State General Convenors, District / Divisional Secretaries of AIPRPA are requested to attend the convention.

Stay arrangements are from 30th July evening to 1st August evening. 

All other details are available in the undermentioned Reception Committee Notice:



Tuesday 16 June 2015

TAMILNADU STATE AIPRPA IN TWO-DAY SESSION

TWO-DAYS STATE WORKING COMMITTEE OF 
AIPRPA TAMILNADU IN SESSION 
ON 16TH AND 17TH JUNE, 2015 AT DINDIGUL

A State Working Committee meeting of AIPRPA Tamilnadu State has been convened on 16th and 17th June, 2015 under the presidentship of State President Comrade M.Kannaiyan at Dindigul.

The Reception Committee headed by Dindigul District President Comrade Adimoolam and District Secretary Comrade V.Rajaram has made excellent arrangements for the State Working Committee. The meeting is held in Pitchandi Buildings, near HPO Dindigul. 

Comrade N.L.Sridharan Tamilnadu State Coordinating Committee of Central, State Government & Public Sector Pensioners Organisations inaugurated the session. Comrade C.K.Narasimhan Circle Secretary of All India BSNL & DOT Pensioners Association addressed the session in the forenoon. The Member of Tamilnadu State Assembly representing Dindigul Constituency Comrade Bala Bharathi attended in the afternoon session and greeting the State Working Committee with  her special address. Among others the Working Committee was attended by the Senior most leader and Patron of the AIPRPA State Organisation Comrade A.G.Pasupathi, who paid floral tributes to the portrait of late lamented leader Comrade S.K.Vyas at the commencement of the session in the morning. 

A Work Report was placed by the State General Secretary Comrade K.Ragavendran and all the District Secretaries or State Office Bearers of each District / Division have deliberated on the Work Report in the first day session. 

View of State Working Committee Session

M.L.A., Comrade Balabharathi addressing the Session

Comrade N.L.Sridharan President of TN State COC of Central, State Govt & Public Sector Pensioners Organisations inaugurating the Session.








AIPRPA U.P STATE STEERING COMMITTEE FORMED - STATE CONFERENCE IN FOUR MONTHS

U.P State Steering Committee of AIPRPA Formed on 7-6-2015

In Lucknow during the AIC of P3 NFPE, a Special Convention of Postal & RMS Pensioners of Uttarpradesh Circle was held in the Dr.B.R.Ambedkhar University Audotorium on 7th June, 2015. The Convention was presided over by the Senior leader Comrade Mukopadhyay of Varanasi and anchored by AIPRPA CHQ Vice President Comrade T.P.Mishra. The meeting was addressed by Comrade K.Ragavendran (General Secretary); Comrade Y.Naghabhushanam (AGS); and Comrade Janakiraman (Organising GS). The Convention unanimously formed a State Steering Committee with Office Bearers representing all important regions of U.P headed by Comrade Mukopadyay as the Chairman and Comrade T.P.Mishra as the General Convenor. Important leaders like Comrades Ram Saran Shukla, R.P.Singh, Asthana, D.D.Singh among others were elected as Office Bearers of the State Steering Committee. Full list of the Steering Committee will be shortly published.


The Convention has taken a decision to intensify the membership enrolment campaign in all districts / divisions during the next four months and form District / Divisional AIPRPA formation in all those areas. Thereafter a two-days State Conference will be convened in Allahabad during the month of November, 2015. 

U.P.State Steering Committee General Convenor Com.T.P.Mishra addressing and General Secretary Comrade K.Ragavendran on dais.
CHQ AGS Comrade Y.Naghabhushanam addressing

Postal & RMS Pensioners of U.P.Circle in the convention

Friday 5 June 2015

CASE FILED FOR III MACP TO PROMOTEES IN CHENNAI CAT

MACP CASE ADMITTED IN CHENNAI CAT



AIPRPA is organising for a legal battle in Chennai Bench of CAT for the Promotees to get their III MACP in line with the Judgment of Jodhpur CAT. The first petition filed by Advocate Arun, who is also a member of Tamilnadu AIPRPA Legal & Defence Cell, has been admitted by the Honourable CAT today. 

Other Petitions on behalf of other Promotees who were retired without granting the benefit of III MACP are being filed by the Advocate by batches. 

This effort is because of the understanding that whatever be the final outcome of the Jodhpur CAT case that is now pending on appeal in the High Court of Jodhpur, the benefit may be applied only to the individuals who have fought legally a case in this matter. The Government had taken such a position not to extend the benefit to all and similarly placed candidates in the past on several cases. 

AIPRPA CHQ suggests all our State Units to take appropriate action in this matter. 

K.Ragavendran
General Secretary AIPRPA