Monday 29 July 2019

MACP Promotees case hearing going on!

MACP Promotees case heard today by Full Bench CAT Chennai under the Chairman CAT Delhi!

Case adjoined to 5.9.2019! 

As we have already intimated, the MACP for Promotees case filed for our members by our Advocate Arun came up today afternoon for hearing. A full bench under the Chairman CAT Principal Bench Delhi heard the case.

Our arguments referring the justification; referring the then existing Recruitment Rules for PA/SA cadre; the judgments of various Courts including Delhi and the recent Rajasthan High Court in our favour were raised before the Bench. We tried to explain to the bench that the Recruitment of applicant to Time Scale Clerks cannot be termed as promotion in lieu of column number 4 and 11 of annexure attached to the then existing Department of Posts TS Clerk/ Sorters recruitment Rules 1971.

Column 4 and 11 explains about whether the present recruitment is a selection post or non selection post and also whether DPC is relevant for the recruitment.
The DoP at that relevant time for both the above queries held that those things are not relevant to recruitment.

Chairman remained non committal for the above way of arguments.
All our arguments were submitted in the form of written arguments also.

The Chairman many times asked whether  by examination doesn't mean promotion? He also raised another question as to what will happen to some officials for whom counting of service after becoming PA only is counted?

Department Advocate had no time to counter argue today as our case was taken up just before closing of Court only. Therefore only our Advocate had time to present our case.
Arguments will continue on 5.9.2019 at Chennai CAT before the same full bench under the Chairman CAT Delhi. 

Meanwhile, another case on MACP Promotees of our Tamilnadu AIPRPA members is coming up for hearing in Madras High Court also in September.  That appeal case was earlier turned down by Chennai CAT. There was no full bench under Chairman Principal Bench CAT at that time. That other case is also represented by the same Advocate Arun in Madras High Court.


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