UADEE.ORG                17.12.2017

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                                 : INFO  UPDATES::

   IMPORTANT  DAILY  NOTICES

  • DATES OF HEARING IN COURT CASES OF AIR & DD

  • 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 08.12.2017

  • 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) CAT's Order dated 31.03.2016 in Smt. Biswas's      (3) High Court's Stay Order dated 11.04.2017

  • Ministry of I&B issued order of generalization dated 15.11.2017 on grant of GP-5400 to all AEs having 4 years of regular service in the Pay Scale of Rs.7500-12000 of 5th CPC or GP-4800 in PB-2 of 6th CPC or Combined. The benefit is admissible wef 01.01.2006 and onwards. (1) Click here for MIB's Order dated 15.11.2006                  (2) Click here for Ministry of Finance's clarification dated 21.11.2008 on date from which 4 years of service is to be counted.

  • 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

  • OA 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.

  • OA No.305/2014 (titled Neeraj Tirkey & 115 others) was listed for hearing on 13.11.2017. The case has been adjourned for 25.01.2018.  

  • 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.  Click 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.   Click 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 degrees. Click here 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. Click here 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 the Form-A

  • DGAIR issues clarifications on fixation of pay of Tech/ Sr.Tech in pay scale of Rs 5000-8000. Click here for the order dated 04.08.17 of DGAIR.

  • 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 13.07.2017

  • FOUR NEW OAs 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.

  • OA 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 19.04.2016 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).

  • The 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. Click here for the judgment of the CAT dtd. 09.01.2017.  

  • DGAIR 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. Click to see the clarification of DGAIR dated 31.01.2017

  • The CP No. 555/2015 in 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 followings:      (1) 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.

  • Patna 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 the followings:     (1) 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

  • Winners are pulled back in arena once again: The 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.  Click here for the notice issed by DGAIR on 06.07.2016.

  • The Delhi CAT has 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 Judgments.       (1) Judgment dated 18.11.2015       (2) Judgment dated 17.03.2016

  • (3) Opinion 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 DOLA's letter.  

  • (2) Opinion 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 DOLA's letter. 

  • (1) Opinion 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 DOLA's letter.  

  • The Screening Committee of DGAIR constituted for 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.        (2)Click here for the Speaking Order dated 13.10.2015 issued by DGAIR.

  • DGAIR keeps the order of withdrawal of benefit of FR22(I)(A)(1) on promotion from EA to SEA in abeyance. Click for the Order.  

  • Details of five Court cases filed by UADEE for ACP benefits to the EA/SEA/AE/ADE members

  • Petition 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 Enclosures

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