OF HEARING IN
COURT CASES OF
Simplification of Referral System under CGHS:
The MHFW(CGHS) has issued OM dated 15.01.2018 on the subject to
further simplify the referral system under CGHS. Click for Order.
The Supreme Court dismissed
on 17.01.2018 the SLP No.
17169/2017 filed by DGAIR against the Madras High Court's order
dated 24.04.2017 passed in CP No.664/2015 filed by ADTEA against
non-compliance of High Court's judgment dated 24.11.2010 in CWP
No.27155/2010. Consequently, the DGAIR will have to pay arrears of
pay revision of Tech/Sr.Tech w.e.f. 06.06.2011 instead of
11.03.2014. Click here for
(1) Supreme Court's order dated
(2) Madras High Court's Order dated
With the CAT's order of disposal
of OA No. 2479/2015 filed
by ARTEE in hand, the MIB has issued a venomous order dated
28.12.2017 to DGAIR to find way for withdrawal of MACP-3 (after
counting of upgraded pay scale of 25.02.1999 as one upgradation for
grant of MACP) and making recovery of pay thereof from retiring/
retired employees. This is based on DOP&T's one wrong clarification
vide note dated 10.07.2013 that any upgradation availed during the
career would be counted against three upgradations permissible under
MACPS. Click here for MIB's
Order dated 28.12.2017
A Set back for Subordinate
Engineering Employees. OA
No. 2479/2015 filed by ARTEE & others has been disposed of by CAT,
Delhi by order dated 01.12.2017 unfortunately linking it with the
outcome of CW(P) No. 2034/2017 filed by DGAIR before Delhi High
Court against judgment dated 31.03.2016 passed by Delhi CAT in OA
No. 1118/2015 of Smt Shyamali Biswas, SEA(Rtd). In OA
No.1118/2015, the CAT had allowed MACP-2 & MACP-3 to her ignoring
MIB's Order dated 25.02.1999 on upgradation of pay scales and also
ordered not to make any recovery from her retirement dues. The Delhi
High Court vide interim order dated 11.04.2017 in the CW(P) has
stayed operation of CAT's order dated 31.03.2016. (1)
CAT's Order dated
01.12.2017 in ARTEE's (2)
dated 31.03.2016 in Smt. Biswas's
(3) High Court's Stay Order
OA No.4336/2017 has been filed
before PB, CAT, New Delhi on
08.12.2017 by Sh. V.K.Pasrija & 14 other AEs for promotion to JTS of
IBES in accordance with IB(E)S (Amendment) Rules, 2008 which came in
force on 18.03.2008 and which had removed QB (degree in engg) in
promotions from AE to JTS(IBES). These rules remained in force until
IB(E)S (Amendment) Rules, 2013 were notified on 01.01.2013
reintroducing QB. Next date of hearing is on 30.01.2018.
Judgment dated 22.12.2017 of
Punjab & Haryana High Court
in CWP No. 16224 of 2016 titled
Salaudeen & Others v/s HVPNL & Others is great setback for all
diploma holders claiming equivalent Degree in Engg. with 10 years of
technical service experience. A Single Bench of High Court has
accepted affidavit of Secretary, Ministry of HRD, saying that
Notification dated 26.05.1977 was never issued and it was fictitious.
on a Supreme Court judgment dtd 13.12.2007 in CA No. 5865/2007, the
High Court has quashed the notification.
(1) Click here for the High Court judgment dated 22.12.2017
(2) Supreme Court judgment
dtd 13.12.2007 in CA No. 5865/2007
Having sit in on MIB's Order dated
15.11.2017 for over one
month, the DGAIR has issued generalised order on 18.12.2017 on grant
of Grade Pay of Rs 5400 in PB-2 on non-functional basis
to all AEs from 01.01.2006 or date they have completed 4 years of
regular service in Pay scale Rs. 7500-12000 and/or equivalent
GP-4800 in PB-2 (whichever is later). Thus, all AEs promoted
to the post prior to 01.01.2002 shall be granted GP-5400 in PB-2 on
01.01.2006 itself. Click her for Orders:
(1) DGAIR's Order dated 18.12.2017.
(2) MIB's Order dated
(3) Ministry of
Finance (DoR) CBEC's clarification dated 21.11.2008 on date from which 4 years
of service is to be counted.
In a recent judgment on MACP
Scheme, the Supreme Court
vide order dated 08.12.2017 passed in CA No. 3744/2016 titled UOI
v/s Balbir Singh Turn, has decided that MACPS, being part of Pay
structure, shall be effective from 01.01.2006 in place of
01.09.2008. If generalized by Ministry of
Finance, this will benefit those who retired after 01.01.2006 but
before 01.09.2008 without benefits of ACP/MACP.
Click here for the judgment dated
Simplification of procedure
for treatment at private hospitals
empanelled under CGHS/CS (MA) Rules, 1944. Need of referral letter
is done away. Click here for the
notification dated 09.11.17 issued by MOHFW
DGAIR has finally
decided to fill up around 600 vacant
posts of AE in AIR &DD after slumbering for 8 years. This is loss
not only to SEAs but also to EAs. Had the promotions from SEA to AE
been made in time, around 500 EAs must have become eligible, after
their promotion to SEA, for the LDCE for SEA to AE. The proposal for
merger of EA & SEA seems to have been kept in rolling.
OM dated 17.11.2017
issued by NABM
No. 1389/2017 (titled Anil Kumar
Sharma & 39 others) was
listed for hearing on 28.11.2017. The next
date of hearing is 31.01.2018.
No.305/2014 (titled Neeraj Tirkey & 115 others)
listed for hearing on 13.11.2017. The case has been adjourned for
Prasar Bharati Secretariat issued order dated
10.11.2017 for implementation of recommendations of 7th CPC for Prasar Bharati employees.
Click here for the order dated 10.11.2017
Prasar Bharati Secretariat issued order dated
13.10.2017 making recommendations of 7th CPC admissible for Prasar Bharati employees.
here for the order dated 13.10.2017
DGAIR issued order dated
12.10.2017 for updation of revised salary of Prasar Bharati employees for
October, 2017 and also due drawn statement from January, 2016 to
Sept, 2017 as per recommendations of 7th CPC.
here for the order dated 12.10.2017
After a long
fight in courts, the Supreme Court on 03.11.2017 held Engineering
Degree secured by Distance Education since 2001 as Invalid.
This is major setback to thousands of people who pursued Engineering
through Correspondence Courses offered by Deemed Universities, and
puts many at risk of even losing job and promotion obtained on the
basis of such certificates. Relief has been given to 2001-2005
batches to appear in fresh AICTE examinations to revive their
for the Judgment.
Reportedly the word
"upgraded scale" in the MIB's OM dated 25.02.1999 is being
imprecated for denial of ACPS. It is the nature of upgraded
scales, not being the Govt. scales for the relevant posts of EA, SEA
& AE, that is responsible for the malaise.
Click here clarification
DGAIR generalized grant of upgraded
pay scale Rs. 6500-10500 to
all EAs who joined department between 25.02.1999 and 05.10.2007.
for DGAIR's Order dated 28.08.2017.
Nomination for Life Time Arrears
(Form-A) is to be submitted in
triplicate to the respective Pension Disbursing Bank by every
Pensioner so that arrears of any kind accrued to them after their
cessation may be paid to Family Pensioners/ Nominees
Click here for
clarifications on fixation of pay of Tech/ Sr.Tech in pay scale of Rs
Click here for the order dated 04.08.17 of
The Delhi High Court
allows ACP/MACP to PSA in upgraded scales of MIB's OM dated
25.02.1999 in WP(C) No. 4151/2003.
Click her for the Order of High Court dated
in (1) OA No. 4462/2013 titled UADEE
& 92 others (2) OA No.854/2014 titled Y.P.Singh & 176
others, (3) OA No. 215/2015 titled S.K.Agrawal & 153 others, and
(4) OA No. 2608/2015 titled S.K.Singh & 73 others in ACP
cases have been filed before Delhi CAT on 24.03.2017 . The Diary Nos/ Date of
filing/ OA Nos/ List of applicants in these new cases can be
enquired from Debashis
Chowdhury at Mob. No. 09868924753, 09650179611.
No. 4191/2013 (titled Anil
Kumar Sharma & 39 others) was decided on merit on 28.01.15 in
favour of the applicants. The CP No. 443/2015 filed before CAT
against non-implementation of CAT's order was disposed of by CAT on
by accepting the Speaking Order of DGAIR dated 13.10.15 as compliance of court's order. Thereafter,
a Writ Petition W.P.(C) No.
6599/2016 was filed before Delhi High Court in the
matter. The WP has been disposed of by the High Court on 21.02.2017
directing the applicants to file new OA before the CAT to
challenge the Speaking Order dtd. 13.10.15 of DGAIR. A
new OA has accordingly been filed on 20.03.2017 before CAT,
New Delhi vide Diary No. 2392/2017 (OA No.1389/2017).
Madras Bench of CAT, vide
their judgment dated 09.01.2017 in OA No. 691/2013 filed by
Administrative staff of ADASA, has ordered the Govt. to take
decision on withdrawal of upgraded pay scales, as per the
recommendations of COJS, which were granted to 11 categories of
employees vide MIB's order dated 25.02.1999.
here for the judgment of the CAT dtd. 09.01.2017.
trifles with GP 4600 of EAs in Grant of MACP:
The EA was granted GP 4600 by 6th CPC after notional upgradation of
pay scale Rs 6500-10500 to Rs 7450-11500 and thereby merger of EA
& SEA. GP 4600 is thus ab initio grade pay of EA.
The DGAIR has now issued a clarification dated 31.01.2017 that GP
4600 granted to EAs should be treated as a 'upgradation' and
be set off against 1st MACP. The order has to be contested.
to see the clarification of DGAIR dated 31.01.2017.
The CP No. 555/2015
OA No. 164/2014 filed by remaining 07 applicants of DEEWA before
CAT, Delhi has also been
closed with only stereotyped relief to them that "the
applicants can challenge the DGAIR's refusal order once again in
court". Clearly, it may be believed that the DGAIR is prejudiced to roll the ACP issue into
an unending litigation. They have already put in rolling a notorious
notice dated 06.07.2016 for 26 recipients of ACP benefits with a
view to make the ACP issue sublimed for ever. Click here for the
Judgment dated 21.07.16 of CAT, Delhi in CP No.555/2015.
(2) Judgment dated 06.05.15 of
CAT, Delhi in OA No.164/2014.
High Court has
unfortunately disposed of Contempt Petition No. 2912/2015 ( in WP
No. 2797/2014 filed by Sh. N.K.Srivastava & others) on
13.07.2016 without making any decision on merit of the Speaking
Order dtd. 17.12.15 issued by DGAIR to them. It has rather directed
them to approach CAT, Patna for adjudication of the Speaking Order.
The petitioners have now to file fresh OA before CAT, Patna to
challenge the DGAIR's Speaking Order dtd. 17.12.15. Click here for
Judgment dated 13.07.16 of High Court in CP-2912/2015
(2) Speaking Order
dated 17.12.15 issued by DGAIR
(3) Judgment dated 29.06.15 of High
Court in WP-2797/2014
are pulled back in arena once again:
DGAIR has issued a notice dated 06.07.2016 to 26 recipients of ACP
benefits to show cause why the 1st ACP granted to them in the pay
scale of Rs 8000-13500 should not be reviewed. Applicants of Patna
and DEEWA may be required to challenge the foolhardy and muddling interpretation of DGAIR
that they are given liberty by the Patna High Court, vide judgment dated 25.08.2010 in CWP No.
6451/2010, to decide on the pay
scale to be given on grant of 1st ACP.
here for the notice issed by DGAIR on 06.07.2016.
The Delhi CAT
accepted DGAIR's Speaking Order dated 13.10.2015 and closed our 3
Contempt Petitions in OA No.854/2014 titled Y.P.Singh, OA No.
4462/2013 titled UADEE and OA No. 2608/2015 titled S.K.Singh vide
order dtd. 17.03.2016. The CP 508/2015 in OA No. 215/2015 titled S.K.Agarwal
was closed by CAT vide order dtd. 18.11.2015. Click here for the
dated 18.11.2015 (2)
of DOLA dated 04.01.2016 in the matter of
grant of ACP/MACP to AIR & DD employees who had availed pay
scales of MIB's order dated 25.02.1999 and attempts of PAOs to make
recoveries from retiring employees by disallowing them benefits of
MACPS is fully favourable to employees.
Click here for
of DOLA dated 21.10.2015 in the matter of
filing of SLP in CWJC No.1869/2015 (ACP Case) is negative. It has
said that it will amount to abuse of process of court.
Click here for
of DOLA dated 31.07.2014
clarifies that PB(Amendment) Act, 2012 did not make the order dated
25.02.1999 of Min. of I&B on upgradation of pay scales of 11
categories of staff as ineffective or redundant. It also clarified
that these upgraded pay scales are fully admissible to these
categories of staff recruited upto the date of 05.10.2007.
Click here for
Screening Committee of DGAIR
ACP benefits to EA/SEA/AE has maliciously declared that they are not
similarly placed as compared to EA/SEA/AE applicants of Patna in OA
No. 514/2002 and, therefore they are not fit for grant of 1st ACP in
Rs.8000-13500 scale. The decision is being challenged in Court.
(1)Click here for
Minutes of the Meeting dated 12.10.2015 of DGAIR.
here for the Speaking Order dated 13.10.2015 issued by DGAIR.
keeps the order of withdrawal of benefit of FR22(I)(A)(1) on
promotion from EA to SEA in abeyance.
for the Order.
of five Court cases filed by UADEE for ACP benefits to the
to Minister of I&B for benefits of ACP Scheme to all similarly
placed EA,SEA & AE and, against discrimination in
implementation of Courts' Orders by the Ministry. (1) Copy of
Petition (2) List of