No.11639//2017 filed by Shyamali Biswas, SEA(Rtd) in Delhi High court against
recovery of Rs 6,89,000 from her retirement benefits has been
decided on 12.11.2018 in her favour. The High Court has ordered to repay the
recovered amount with 9% interest within 2 weeks. Judgment is
guidelines on Stepping up of Pay :
DOPT's OM dated 26.10.2018.
Click here for the
order dtd 26.10.18
of Earned Leave beyond 300 days is in order:
total number of EL encashable on retirement is not more than 300,
there is no limit on accumulation of EL to the credit of employees"-
orders Punjab & Haryana High Court in CWP No. 13702 of 2014 on
Click here for the
"Govt. has no
power to withhold Pensionary Benefits
if a departmental or judicial proceeding is pending" -orders Supreme
Court on 14.08.2013 in CA No. 6770/2013 @ SLP(C) No. 1427/2009.
Click here for the Judgment.
Click here for the Judgment
Merger of EA &
SEA wef 01.01.2006:
Delhi High Court & CAT, Delhi are tough on Govt's negligence & disobedience of Court's oreder:
In WP(C) No.
8712/2018 titled UOI vs Vijay R Haror, the Delhi High
Court has asked the Govt. to explain why it failed
to complete merger of EA & SEA by now. CAT, Delhi also
refused to close Contempt Petition No. 310/2018 in OA No. 282/2018.
(1) Click here for the Order of HC.
(2) Order of CAT, Delhi dated
on the preceding date of their DNI
for grant of "one increment notionally" for calculation of
pensionary benefits. Click
here for Madras High Court's judgment dated
on 31.12.2015 are eligible for benefits of 7th CPC
to fixation of pay as on 01.01.2016 and payment of retirement
benefits thereafter. (1)
CAT's judgment in OA No.
Supreme Court's judgment
in WP(C) No. 1155/1987
on Entry Pay
for direct recruits appointed on or after 01.01.2006 and Pay
Fixation in case of persons other than such direct recruits.
Click here for the OM dated
effective from 01.01.2006 to Defence Staff:
Going by the
fact that MACP is part of pay structure, and not the allowances, the
Supreme Court vide judgment dated 08.12.2017 has allowed MACP
benefits to Defence staff w.e.f 01.01.2006. It is learnt that JCM and Confederation of Central Govt. Employees
are pursuing with the Govt. to generalize MACP w.e.f 01.01.2006 for
all CG Employees/ Dptts of GOI.
(1) Judgment of Supreme Court
dated 08.12.2017 (2)
General order of implementation issued by MoD on 25.07.2018.
(3) Judgment of Bombay High
Court dated 15.10.2018
MACP: Apex Court Judgment dtd.
16.08.2016 in D. Sivakumar case:
MACP to be granted ignoring promotion earned through LDCE
(1) Apex Court's
judgment dated 16.08.2016 (2)
Madras High Court's
judgment dated 04.02.2015
OA No. 3035/2015 filed by ARTEE:
The CAT, Delhi decided on 08.08.2018 that 3rd MACP shall be allowed
to Sr. Tech after 20 years of promotion from Tech to Sr Tech.
Copy of Judgment of CAT
titled Neeraj Tirkey in ACP Case:
CAT, Delhi has disposed of it on 08.08.2018 accepting the DGAIR's Speaking Order
dated 13.10.2015 and then giving liberty to file fresh case if
aggrieved. We had already filed a fresh case OA No. 1974/2017 titled
UADEE in Delhi CAT which is proceeding. Fresh cases in other already
decided four cases filed by UADEE will be filed after favourable
decision in OA No. 1974/2017.
Click for judgment dated
Interim stay orders issued by courts consequent upon
issuance of orders of DGAIR on refixation/ reduction of pay by
withdrawing the benefits of MACP on consideration of scales given by
MIB's order dated 25.02.1999 as upgraded scales.
DGAIR has issued a mischievous order
dated 26.06.2018 in the garb
of "Clarification on admissibility of MACP to engineering &
programme employees, saying that the grant of upgraded scales by
MIB's order dated 25.02.1999 shall be counted as one upgradation
while granting of three MACP.
Click here to see DGAIR's
Order dated 26.06.2018.
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. (1) Click here for MIB's order dated 31.01.2018.
(2)Click for High
Court's Order dated 15.05.2018