Order (Oral)

Manjula Das, Member (J):

1. On being mentioned by Mr.A.Ahmed, learned counsel for the applicants, the matter is taken up for consideration.

2. Since the grievances of the applicants and the relief(s) sought by them are common, their prayer for joining together in this OA is allowed under Rule 4(5)(a) of the CAT (Procedure) Rules, 1987.

3. By this OA applicants pray for a direction to the respondents to grant them the benefits of pay fixation under MACP Scheme as per clarification issued by the Director General of Ordnance Branch, Ministry of Defence, New Delhi by letter Nos.A/26604/AHQ/JCM/OS-8C(Policy) dated 13.06.2014, A/26576/Circulation/OS-8(Policy) dated 05.05.2015, A/26575/MACP/OS-8C(Policy) dated 20.08.2015.

4. Mr. A.Ahmed, learned counsel for the applicants submitted that all the applicants are Group C (erstwhile Group D) Central Government Civilian Workers under the Ministry of Defence and working in the office of the Commandant 222 Advance Base Ordnance Depot, Narangi, Guwahati. According to the learned counsel, on implementation of the MACP Scheme for the Central Government civilian employees vide DoPT OM dated 19.05.2009, the DoPT has also advised the Ordinance Factory Board to implement the ACP/MACP for their civilian employees. Learned counsel further submitted that thereafter the Director General of Ordnance Service, New Delhi vide letter No.A/26604/AHQ/JCM/OS-8C(Policy) dated 13.06.2014 has issued necessary clarification regarding granting of benefit under the MACP Scheme to HQ of all Commands. Learned counsel further submitted that the Integrated HQ of Ministry of Defence (Army) Director General of Ordnance Service vide their letter dated 05.05.2015 issued further clarification in the matter. In the said letter it was intimated that majority of the depots/units of AOC have implemented the provisions of MACPS, however, a few depots/units have raised queries/doubts. Said letter has given the hierarchical structure of Tradesman Skilled category w.e.f. 01.01.2006 as under:-

Skilled (PB-I/GP-1900)

HS-II (PB-I/GP-2400

HS-I (PB-I/2800

MCM (PB-II/GP-4200

Thereafter the Director General of Ordnance Service vide their letter dated 31.07.2015 clarified in reference to objections raised by the local audit authority whether passing of trade test is mandatory for grant of ACP benefits to Tradesman during 01.01.2006 to 31.08.2008 that one time relaxation on trade test for the purpose of granting ACP benefits has already been approved by the Ministry of Defence. The Integrated HQ of Ministry of Defence vide their letter dated 20.08.2015 written to the CGDA, New Delhi that despite the clarification issued regarding grant of ACP/MACP benefits to the Tradesman made employees of AOC, the local audit authorities are not accepting the clarifications stating that the same should be routed through CGDA/PCDA/CDA for fixation of pay. Therefore, the office of the CGDA was requested to instruct all the LAOs/AOs through PCDAs/CDAs under their jurisdiction to implement the existing DoPT guidelines.

5. Mr. A. Ahmed, learned counsel for the applicants further submitted that being aggrieved by the non-implementation of the MACP Scheme, the applicants earlier approached this Tribunal vide OA.040/00248/2016, however, they have withdrawn the same on 14.07.2016 with a liberty to approach afresh. According to the learned counsel, the applicants have approached the respondents for redressal of their grievances through their Union. In his support, learned counsel has annexed a copy of letter dated 15.06.2015 of the 222 ABOD Workers Union as Annexure 9 of the OA.

6. According to the learned counsel, similarly situated employees working in Ordnance Factory Board, Department of Defence Production and other Ordnance Depots/Units under the Ministry of Defence have already got the benefit of ACP/MACP and, accordingly, Group C employees have got Rs.1900/- as 1st ACP on completion of 12 years of service upto 31.08.2008; Rs.2400/- as 2nd ACP on completion of 24 years of service upto 31.08.2008; and Rs.2800/- as 3rd MACP on completion of 30 years of service. However, till date the present applicants have not got their legitimate dues of MACPS despite the clarifications issued by the competent authority. Hence the learned counsel prayed that directions may be issued to the respondents to grant them the benefits of pay fixation under the MACP Scheme.

7. We have heard the learned counsel, perused the application and the documents annexed there with. From the perusal of Annexure-5 it reveals that majority of the depots/units of AOC have implemented the provisions of MACPS. The claim of the applicants is that in their case the MACP Scheme have not been implemented. Necessary clarifications have already been issued in this regard. Therefore, we do not see any reason for not granting the benefits of MACP Scheme to the applicants, if they are otherwise qualified.

8. In view of the above, we direct the respondents to examine the case of the applicants for grant of appropriate pay scales under the MACP Schemes in the light of the Scheme and the clarifications issued by the Director General of Ordnance Branch, Ministry of Defence dated 13.06.2014, 05.05.2015, 31.07.2015 and 20.08.2015, and grant them the benefits, as admissible to them. The exercise shall be carried out within a period of four months from the date of receipt of this order.

9. The OA is disposed of accordingly at the admission stage itself.

10. There shall, however, be no order as to cost.