Request to issue clarification order to implement the Supreme Court SLP No: 4848/2016 Dt: 16.08.2016 and consider the MACP for all eligible officials

ALL INDIA SAVINGS BANK CONTROL EMPLOYEES UNION

(Service union under Dept. of Posts)

CHQ UNION WEBSITE: http://www.aisbceu.blogspot.in/

[HQ- A-174 MAHESH NAGAR, 80FEET ROAD NEAR TONK FATAK, JAIPUR 302015 RAJASTHAN CIRCLE]

V. K. MOURYA PRESIDENT SUPERVISOR SBCO LODHI ROAD HO NEW DELHI 110 003 CELL: 09560715891, 09013449688         Email:

BHARAT B. SHARMA GENERAL SECRETARY PA (ICO SB) O/o THE CPMG RAJASTHAN CIRCLE, JAIPUR 302007 CELL: 9413453844 Email: sharmab311@gmail.com

N. SREENIVASULU TREASURER SBCO,DHARMAVARAM HO 515671 ANDHARA PRADESH CIRCLE CELL: 9440084328 Email: seenu.sbco@gmail.com

CHQ Lr.No: AISBCEU/SLP-MACP CLARIFICATION/04-2017 Dated at Jaipur-302015 the 08.04.2017

To

Sri.B.V.Sudhakar

The Secretary [Posts]

Dak Bhawan, Sansad Marg

New Delhi -110001  [Email ID: secretary-posts@indiapost.gov.in]

                                        

Respected Sir,

Sub: Request to issue clarification order to implement the Supreme Court SLP No: 4848/2016 Dt: 16.08.2016 and consider the MACP for all eligible officials-reg

Ref:  1. Dte.Lr.No: 22-612000-P. E. I (Pt.) Dt: 16.02.2017

         2. Dte.Lr.No.2-19/2015-PCC Dt. 01.03.2017

         Our Union wishes to bring your kind notice about the recent Supreme Court judgement in the SLP No: 4848/2016 Dt: 16.08.2016 in favour of Sri.D.Sivakumar, RTD SPM to grant MACP w.e.f. 01.09.2008 and the Directorate’s order to implement the same vide Lr.No. No.2-19/2015-PCC Dt.01.03.2017.

                The intention of the Supreme Court judgement on the basis of above mentioned SLP, the promotions of the officials through Department competitive examinations should not be taken as a promotion for MACP. In our Department, most of the officials were promoted from lower grade to Postal Assistant and it was considered as one promotion and their MACP-III was declined to many officials and they have retired without availing MACP –III promotion.

                In one of the other Supreme court Special Leave Petition order vide No: 35654/2015 Dt: 13.02.2017, it is mentioned that “Learned counsel appearing for the Union of India, referring to the affidavit filed by the Joint Secretary, submits that on an overall view of justice, the Government of India has decided to extend the benefit of the judgment to all similarly situated persons. The article 141 of Indian constitution envisages that the judgement declared by the Supreme Court is binding to the similar cases also.

As such, our Union wishes to bring your kind notice about the recent Directorate order No: 22-612000-P. E. I (Pt.) Dt: 16.02.2017 on the directions by the Supreme Court in SLP No.35654/2015 to reconsider the TBOP/BCR revision for considering placement under TBOP/BCR Scheme in cases where seniors are considered for placement at par with their juniors with a direction to complete the process with a TIME BOUND manner.

                Likewise since, it is one of the welfare issue of the official’s MACP promotion, it is kindly requested to issue necessary clarification to extend the above Supreme court judgement to all officials MACP promotions without out counting the promotions through Department competitive examinations, as ordered in the SLP No: 35654/2015.

                Thanking you, Sir.

                                                                                                                                                                Yours faithfully,

                                                                                                                                [BHARAT.B.SHARMA, GENERAL SECRETARY]