"Generalizing ACP Verdict Patna - View of Central Office"

Dear CWC Members / ARTEEians

Central Office is receiving calls about what we are doing for Generalizing the benefit of CAT verdict of PATNA about ACP.

In this reference we want to mention that still the verdict is not implemented even for Applicants. Till now the verdict is interpreted wrongly  and implemented partially by implementing it w.e.f. 01/01/1996. Despite best of efforts by Applicants Management is interpreting it wrongly and now the Applicants have filed Writ Petitions in Hon’ble High Court of Patna. As per information after Contempt petition in CAT , three Writ Petitions filed in High Court.

Meanwhile the Pay Fixation for an Individual Sh. Praveen Kumar who is similarly placed with Applicants of CAT Patna verdict has been done subjected to the verdict of Writ Petition filed by Govt. in Hon’ble High Courts. Earlier Hon’ble CAT Delhi gave verdict for extending the benefit of Patna ACP CAT verdict to Sh. Praveen Kumar. Incidentally Sh. Praveen Kumar joined the department in 1996 so the interpretation by the department is suiting him. But due to department wrong interpretation, till now  it is not implemented even for main applicant Sh. B.K.Roy

Situation is very delicate and required to be handled with ultimate precaution. We have been saying regularly that let it be implemented for Applicants first and than we will go all out for generalizing it for all. The chaos created impatiently in last one and half year also responsible for delay in implementation as Management sensed that it is going to be a big financial burden and they are trying to find out ways to stop this. Latest efforts of Merging all EA & SEA in Grade Pay 4200 with the designation Jr.Engr. are the glaring examples. Till now with a tactical approach we have succeeded in stopping this. If Management succeeds in doing this both Patna ACP and EA(5K) issues will be over. Due to similar kind of impatience shown,  SEA to AE exam is also not being conducted since last three years. Vacancies are laying vacant and our Members are suffering.

The Same is the story about EA(5K) we have won the case from Hon’ble Sup.Court but some individuals filed case in CAT Gwalior which was won from Hon’ble High Court also and now Govt has filed SLP in Hon’ble Sup.Court and due to this Govt. is successful in delaying it also by linking both the cases. The irony is we have to provide financial Assistance to the case which is delaying implementation of case won by us. Till now we have spent more than Rs. 80000 on SLP in Hon’ble Sup. Court in CAT Gwalior case.

We also have to devise a strategy to handle with 25th Feb 1999 agreement as this is providing benefit to our Sr.Tech/Tech/D.Tech/M.tech/D.E.D. Members. Whatever we have to do, is without the withdrawal of 25/02/1999 and that’s why I call the situation very delicate. Let me assure our Members that We are also very keen in generalizing the benefit of verdict of CAT Patna but just think at this stage What we should demand ? Generalizing of what “A verdict which is not implemented even for Applicants”. As per my information some people want to submit representations for this purpose. Pl. be cautious if so many representations are sent Govt. may produce these representations in Court of law to establish the gravity and wider financial burden of generalizing the issue.

We are already consulting Advocates on this issue and ready to do anything. Pl. note that as per resolution of Central Council of ARTEE we have already offered any unconditional help to the Applicants for the cause. It is conveyed to Applicants.

Meanwhile we discussed the issue in detail in recently concluded CWC Meeting of ARTEE from 25th to 27th July and it was a unanimous view that we should wait till it is implemented fully for Applicants.

I appeal our members not to be impatient and have faith that we will do everything to extend the benefit of this to all.
                      Umesh Chandra,
                   President, ARTEE
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