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MACP on Promotional Hierarchy – Supreme Court Case Status – Order reserved

MACP ON PROMOTIONAL HIERARCHY

Supreme Court Case No  21803/2014
Updates of today’s/Final hearing-

Advocate C K Sasi (AOR), who was well briefed by us, argued the case for M V Mohanan Nair. Advocates, representing to other respondents also done commendable job. Actually it was a well organised team work. Amicus Curiae presented the case extremely well. He also submitted a written statement of his arguments to the court. As a result, the court realized the following:

1) There are anomalies in MACP scheme as evident from Minutes of Meeting of Anomaly Committee.

2) These anomalies are affecting Group B & C employees and no impact on Group A.

3) These anomalies have life long impact.

Arguments have been completed and the case is now reserved for orders. We expect a judgment allowing MACP on promotional hierarchy.


Thanks

for Steering Committee
MACP on Promotional hierarchy


Case Status from Supreme Court Website:-

Diary No.- 14117 – 2014
UNION OF INDIA SECRETARY vs. M.V. MOHANAN NAIR
Case Details
Diary No.
14117/2014 Filed on 24-04-2014 06:10 PM
PENDING
[SECTION: XI-A]
Case No.
SLP(C) No. 021803 / 2014  Registered on 08-08-2014
S.L.P.(C)…CC No. 008271 / 2014  Registered on 21-05-2014
Present/Last Listed On
23-01-2020 [HON’BLE MRS. JUSTICE R. BANUMATHI, HON’BLE MR. JUSTICE A.S. BOPANNA and HON’BLE MR. JUSTICE HRISHIKESH ROY] [CL.NO. : 101]
Status/Stage
Pending – (Final Hearing) Heard & Reserved-Ord dt:23-01-2020
Admitted
[ADMITTED ON : 30-07-2019]
Category
1900-Three Judges Bench Matter
Act

Petitioner(s)
  1 UNION OF INDIA .DEPT OF PERSONNEL AND TRAINING SECRETARY
SECRETARY MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION , DISTRICT: NEW DELHI ,NEW DELHI , DELHI2 THE PRINCIPAL REGISTRAR
CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, 61/35, COPERNICUS MARG , DISTRICT: NEW DELHI ,NEW DELHI , DELHI3 KERALA CENTRAL ADMINISTRATIVE TRIBUNAL THE DEPUTY REGISTRAR
ERNAKULAM BENCH , , DISTRICT: KOCHIN ,ERNAKULAM , KERALA
Respondent(s)
  1 M.V. MOHANAN NAIR S/D/W/Thru:- M.R VISHWANATHAN NAIR
PHOTO COPIER, CENTRAL ADMINISTRATIVE TRIBUNAL , DISTRICT: ERNAKULAM KOCHIN ,ERNAKULAM , KERALA
Pet. Advocate(s)
  ARVIND KUMAR SHARMA[P-2]
ARVIND KUMAR SHARMA[P-1]
ARVIND KUMAR SHARMA[P-3]
MUKESH KUMAR MARORIA
Resp. Advocate(s)
  C. K. SASI
G. PRAKASH
Impleaders Advocate(s)
  MOHAN KUMAR[IMPL]
Intervenor Advocate(s)
  M. K. DUA[INT]
RAMESHWAR PRASAD GOYAL[INT]
SATISH KUMAR[INT]

HC: Staff shortage no base for denying child care leave


CHANDIGARH: Punjab and Haryana high court has held that a woman employee can't be denied leave if shortage of staff in the department is due to government's fault. The order is significant for cases related to the entitlement of child care leave (CCL) to women employees.

The HC passed these orders on a plea filed by a government doctor in Haryana who was denied CCL on the grounds of insufficient number of medical specialists in the health department. Court found that the government was at fault in failing to fill up vacancies of medical specialists and the employees cannot suffer for it.

Justice Amol Rattan Singh passed these orders while allowing a petition filed by Dr Kanchan Bala -a medical specialist posted at Jagadhari in Yamunanagar district. In her plea, the petitioner had stated that she was not granted CCL at a time her daughter was in Class XII, a crucial period, and below 18 years of age.

Contesting her petition, the state government submitted that CCL shall only be granted if it does not disrupt the functioning of the depart ment concerned. It was further argued that she was denied CCL on the ground that there was only one other medical specialist available at the ESI hospital at Jagadhari, other than her.

On examination of record, the HC asked the government about delay in recruitment of doctors. The state informed the court that a requisition was sent for recruitment of medical officers to Haryana Public Service Commission (HPSC) in 2016 and another on September 29 after filing of the present petition.

The HC then observed, "Even though rules provide that CCL would not be granted if it disrupts the functioning of officesinstitutionsschools etc, the government, in my opinion, cannot be allowed to take advantage of its own fault, to deny a right which has been statutorily recognized by it, and correctly recognized, seeing the future of children who would make future doctorsengineersbureaucrats etc of the country ."

In its order, passed last week, the judge also asked the government to engage a medical specialist on contract basis to meet the requirements during the CCL period of the petitioner.

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