23. Item No. NC-47/31/19 Litigation cases on service matters -

Night Duty Allowance in revised Pay Scales – CAT Jodhpur Bench on 5.11.20 09 directed MoD to revise the Night Duty Allowance on the basis of the actual salary (6th CPC Pay Scale) w.e.f. 1.4.2007 for all similarly situated employees. Appeal and SLP, both by the Government have been rejected. But Govt. extended the benefit only in personem. Orders of CAT madras Bench has also been implemented only for the Portioners of Engine Factory, Avadi. Ordnance Factories have filed similar petitions in Chennai CAT.

MACP in promotional hierarchy and not in the next Grade Pay-

CAT Chandigarh Bench gave in favour on 31.05.2011. Govt. lost in High Court as well as in Supreme Court. Benefit not extended to similarly placed employees. Again, Defence Civilian Employees of Military Farm approached CAT, Principal Bench.   It also directed to give benefit in promotional hierarchy Government is not implementing it rem.

Placement from HS Grade to HS Grade-I should be ignored for  granting MACP.

Artisan staff has HS Grade in the GP of 2400{HS Grade). W.e.f. 1.1.2006, 50% employees in Artisan Grade (HS Grade) have been placed in the G.P. of 2800/ ­ (HS-Grade 1). Now, for grant of 3 financial upgradation, placement in 2800/ 0 Grade Pay is treated as one financial upgradation. CAT, Principal Bench and Calcutta Bench gave order in favour of employees