MACP

OFB: Clarification regarding ACP/MACP

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OFB: Clarification regarding ACP/MACP

Clarification regarding ACP/MACP in r/o SAT/SCT

No.Pay/Tech-I/01(^th CPC) ACP

Dated: 3/05/2018

To

All Controllers of Finance & Accounts (FYS)
& Br. AOs

Sub: Clarification regarding ACP/MACP in r/o SAT/SCT

A copy Of OFB letter No. 01/6th CPC/MACP/Per/Policy dated 11.04.2018 regarding clarification for grant of financial up-gradation to departmental candidates of SAT/SCT Scheme is forwarded herewith for information and necessary action / compliance, please.

Encls: As Above.

sd/-
Asstt Controller of Accounts (FYS.)

sd/-
Asstt Controller of Accounts (FYS.)
ofb-order

Source: http://pcafys.nic.in/

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MACP to teaching staff of KVs

MACP to teaching staff of KVs

One of the conditions for grant of Modified Assured Career Progression (MACP) scheme is that the earlier Assured Career Progression (ACP) scheme should have been implemented / adopted by the autonomous / statutory body. Since Kendriya Vidyalaya Sangathan (KVS) had themselves chosen not to opt the earlier ACP scheme for their teaching staff, the question of grant of MACP to teaching staff does not arise.

 

Senior Scale will be granted to the teaching staff of KVS after completion of 12 years service in the respective cadre and Selection Scale will be granted after completion of 12 years service in the senior scale. However, the number of posts in the selection scale for the teaching staff will be restricted to 20% of the number of posts in the senior scale of the respective cadre.

The Senior Scale and Selection Scale will be given after screening regarding their satisfactory performance by an appropriate Departmental Promotion Committee.

Selection scale will be granted to Primary School Teachers (PRTs) and Trained Graduate Teachers (TGTs) subject to their attainment of higher qualification laid down for TGTs and Post Graduate Teachers (PGTs) respectively. However, this condition has been waived off for the miscellaneous categories of teachers of KVS.

 

KVS has informed that all the teachers are getting their Senior Scale in time, though some teachers may not eventually get the Selection Scale due to non-fulfilment of the prescribed criteria for the same or their retirements preceding the date of eligibility.

 

Having regard to the prescribed criteria for grant of selection scale, the details of eligible teachers during the current year, post-wise, is as under:-

 

Name of the Post For grant of Senior Scale For grant of Selection Scale
PGTs 161 372
TGTs 120 573
PRTs 81 735
Head Master 12 0
Misc. Categories of teachers 12 325

 

KVS has informed that representations had been received from recognized staff associations for waiving off the condition of 20% for grant of Selection Scale to teachers and these representations have been considered and disposed off from time to time. No fresh proposal is under examination in this regard.

 

This information was given by the Minister of State for Human Resource Development Shri Upendra Kushwaha in a written reply to a question in Lok Sabha on 15.3.2018.

Be the first to comment - What do you think?  Posted by admin - March 19, 2018 at 8:56 pm

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Application of Very Good bench mark for grant of Financial upgradation under MACPS

Application of “Very Good” bench mark for grant of Financial upgradation under MACPS

Ref: Confdn/Genl/2016-19

Dated – 14.03.2018

To

The Secretary
Department of Personnel & Training
Ministry of Personnel, Public Grievances & Pension
North Block, New Delhi – 110001

Sir,

Sub:-  Application of “Very Good” bench mark for grant of Financial upgradation under MACPS.

DOP&T vide OM No. 35034/3/2015-Estt (D) dated 28.09.2016 had clarified that with effect from 25.07.2016, for grant of financial upgradation under MACPS, the prescribed bench mark would be “Very Good” for all posts. It is also clarified that there is no question of allowing second opportunity of representation against APAR as these are already disclosed to the employees in APAR process.

Notwithstanding our demand for withdrawal of “Very Good” bench marking condition for MACPS, it is submitted as follows:

Since the earlier “Good” bench mark for MACPS was applicable upto 25.07.2016, the employee having “Good” grading in their APARs for the previous years before 25.07.2016 may not have had a reason to represent gradings given, as they met the then prescribed criteria of bench marking for MACPS. Now since the benchmark for MACPS has been raised to “Very Good”, there is justification to allow the employees having “Good” or below grading for a period of five years APAR grading immediately preceding the cut-off date ibid an opportunity to represent against the same.

Considering the above aspect, it is requested that employees who had been awarded “Good” or below grading in their previous five years APARs may be given an opportunity, as one time measure, to represent against the same.

In fact, Railway Board, Ministry of Railways had already granted such an opportunity to its employees as a one-time measure vide Railway Board letter No. E(NG)/1-2018/CR/2 dated 27.02.2018.

Awaiting favourable response.

Yours faithfully,

(M. Krishnan)
Secretary General
& Member, Standing Committee
National Council JCM
Mob: 09447068125
Email: mkrishnan6854@gmail.com

Source: Confederation

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Providing opportunity for submitting representation to the employees who have been awarded below “Very Good” Grading in their last three years’ APARs (for the purpose of MACPs)

Providing opportunity for submitting representation to the employees who have been awarded below “Very Good” Grading in their last three years’ APARs (for the purpose of MACPs.)

MACP

NFIR

No. IV/MACPS/09/Part II

Dated: 01/03/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Providing opportunity for submitting representation to the employees who have been awarded below “Very Good” Grading in their last three years’ APARs (for the purpose of MACPS-reg.

Ref: (i) NFIR’s letterNo.IV/MACPS/09/Part 10 dated 19/01/2017.
(ii) Railway Board’s letter No.E(NG)I-2018/CR/2 dated 27/02/2018.

Kind attention is invited to NFIR’S letter No. IV/MACPS /09/Part 10 dated 19/01/2017, responding to which Railway Board have issued instructions vide letter dated,27/02/2015 giving a chance as a onetime measure to represent against the ‘Good’ or below gradings recorded in the APARs of staff pertaining to the years 2014-15 , 2015-16 & 2016-17 .

While appreciating the decision of the Board for granting an opportunity to the staffto submit representations against the awarded gradings of ‘Good’ or below within 30 days from the date of Board’s communication, NFIR desires to convey that in such a large network of Indian Railways, the Board’s communication may not reach on time to the staff working at remote places as the publicity of the administration is also not adequate. Many staff may also
not be aware of the gradings already awarded to them by the controlling authorities.

NFIR, therefore, urges upon the Railway Board to kindly reconsider and grant 90 days time from the date of Board’s instructions i.e.27/2/2018, to facilitate staff to prefer appelas, wherever needed. It would also be necessary to advise General Managers of Zonal Railways to arrange to give copy of the gradings awarded to the concemed employees at the earliest. A copy of modified instructions may be endorsed to the Federation.

Yours faithfully

(Dr. M.Raghavaiah)
General Secretary

Source: NFIR

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Clarification regarding benchmark for placement under MACP in respect of the official who are due for placement in MACP after 25.07.2016

Clarification regarding benchmark for MACP after 25.07.2016

 

Clarification regarding benchmark for placement under MACP in respect of the official who are due for placement in MACP after 25.07.2016

 

No.20-45/2016-SPB-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

 

Dak Bhawan, Sansad Marg, New Delhi – 110 001
Dated the 22nd January, 2018

To,
The Chief Postmaster General,
Maharashtra Circle,
Mumbai

 

Subject: Clarification regarding benchmark for placement under MACP in respect of the official who are due for placement in MACP after 25.07.2016.

 

Sir,
I am directed to refer to Maharashtra Circle’s letter no. STA/MACPs/Bench Mark/2017 dated & 12.2.2017 on the subject cited above and to say that ‘Promotion’ and ‘Modified Assured Career Progression Scheme’ (MACP) are two different matters. The first involves higher duties & responsibilities while latter don’t.

 

2.For MACP, DOP&T has issued instruction vide OM No. 35034/3/2015-Estt(D) dated 28.09.2016, accordingly to which the prescribed benchmark would be ‘Very Good’ for all posts and it will come into effect from 25.07.2016. The communication DOP&T has already been circulated by Estt. Division of the Directorate vide letter no. 7-8/2016-PCC dated 5.10.2016 (Copy enclosed)

 

3.For promotion, Personnel Division vide letter no. 20-24/2016-SPB-II dated 13.02.2017 has clarified to follow instructions contained DOPT’s OM No. 35034/7/97-Estt(D) dated 8.02.2002 until further clarification is issued by DOPT or Department of Posts.

Yours faithfully,
sd/-
(Satya Narayana Dash)

Source: http://fnpohq.blogspot.in/

 

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Grant of financial up gradation under MACPS to SSE-Drawing (formerly Diploma Holder Tracers) appointed against DR quota vacancies as Assistant Draftsman

Grant of financial up gradation under MACPS to SSE-Drawing (formerly Diploma Holder Tracers) appointed against DR quota vacancies as Assistant Draftsman

No. IV/MACPS/09/Pt.II

Dated: 29/01/2018

The Secretary (E)
Railway Board
New Delhi

Dear Sir

Sub: Grant of financial up gradation under MACPS to SSE-Drawing (formerly Diploma Holder Tracers) appointed against DR quota vacancies as Assistant Draftsman-reg.

Ref:

(i) NFIR’s PNM item No.15/52015
(ii) NFIR’s letter No.IV/MACPS/09/Pt.10 dated 7/11/2016.
(iii) Reply receive vide Board’s letter No.PC-V/2015/PNM/NFIR/2 dated 30/05/2017 addressed to GS/NFIR
(iv) NFIR’s letter No.IV/MACPS/09/Pt. 10 dated 19/06/2017.
(v) PCPO/S.C.Rly’s letter No.SCR/P-HQ/510/EE/GM.PNM/SCRES dated 21/11/2017 addressed to Railway Board.

Through the action taken statement provided to the NFIR during the PNM meeting held with the Railway Board on 13/14.11.2017, the Railway Board desired to have copies of NFIR’s letters dated 07/11/2016 & 12/04/2017 for further examination of the matter. Accordingly, the NFIR sends herewith copies of its letters dated 7/11/2016 & 12/04/2017 (with enclosures).

Federation re-iterates that pursuant to the demand raised by our affiliate the SCRF Sangh in the GM/PNM meeting, the PCPO, SCRly vide letter dated 21/11/2017 has sent another letter to the Board seeking clarification. A copy of PCPO/S.C.Rly letter dated 21/11/2017 is also enclosed for ready reference.

NFIR once again reiterates following points and facts for taking decision to concede Federation’s demand on S.C.Railay’s cases.

NFIR once again reiterates following points and facts for taking decision to concede Federation’s demand on S.C.Railway’s cases.

The panel of Diploma Holder Tracers to the post Asst. Draftsman against 50% DR qutoa was formed and implemented on 20th Jan, 1984. Para 5.3 of Railway Board’s letter No.PC III/84/UPG/19 dated 25/06/1985 is not applicable to the candidates as they were the empanelled Asst.Draftsman in the year 1984 itself (against DR quota). This connection of the Federation can be verified from the letter dated 21/11/2017 sent by the South Central Railway to Railway Board.

The group of ten employees selected against DR quota were placed above in the seniority list to those promoted against restructured posts pursuant to Board’s destructing decision.

Federation therefore contents that the SSE/Drawing (Former Diploma Holder Tracers) appointed as Asst Draftsman against DR quota vacancies as per Board’s orders have been wrongly denied the benefit of 3rd MACP in GP 4800/-.

NFIR therefore urges upon the Railway Board to review the decision and issue instructions to the Zones etc., for allowing MACP benefit (3rd MACP in GP 4800) to the Diploma Holder Tracers appointed as Asst Draftsman aganist 50% DR qutoa vacancies, duly treating their entry as “appointment”.  A copy of the instructions issued may be endrosed to the Federation.

DA/As above

Yours faithfully,
S/d,
(Dr M. Raghavaiah)
General Secretary

Source: NFIR

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MACP Scheme Effective from 1.1.2006 instead of 1.9.2008 – NC JCM Staff Side

“Item No.2, 10 and 48 of the Joint Committee of MACP – Agenda items of the Standing Committee”

Shiva Gopal Mishra
Secretary

Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E.Mail : nc.jcm.np@gmail.com.

No. NC-JCM-2017/Fin

January 16,2018

The Secretary,
Department of Personnel & Training,
North Block,
New Delhi

 

Dear Sir,
Sub: Item No. 2,10 and 48 of the Joint Committee of MACP – Agenda items of the Standing Committee:

 

Kindly refer to the above. All the three items, which were discussed together pertains to the date of effect of the MACP Scheme which was introduced by the Government on the basis of the recommendations of the 6th Central Pay Commission. The Staff Side demand to give effect to the revised promotional scheme from the date of the effect, the Report of the Commission itself i.e on 1.1.2006 was unfortunately not accepted by the official side and was not allowed to reach its logical conclusion i.e. either by an agreement or disagreement.

 

We now send herewith copy of the judgement of the Hon’ble Supreme Court in the matter vide W.P 3744 of 2016 dated 08/12/2017.

 

The Hon’ble apex court has categorically stated that the Govt’s decision to make the scheme effective prospectively was wrong and the scheme has to be implemented with effective from 1.1.2006. We request that the Govt. may issue necessary orders making the MACP Scheme Effective from 1.1.2006 instead of 1.9.2008. While issuing such an order it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered I from them in this connection.

 

Thanking you

Yours faithfully,
sd/-
Shiva Gopal Mishra
Secretary

Source: Confederation

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Delhi HC Judgement on MACP

Delhi HC Judgement on MACP

 

IMPORTANT – DELHI HIGH COURT JUDGEMENT ON MACP IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 06.07.2017
Pronounced on: 20.12.2017
W.P.(C) 9357/2016 HARI RAM & ANR ….. Petitioners

Through : Ms. Jyoti Singh, Sr. Advocate with
Sh. Padma Kumar S., Sh. Amandeep Joshi and Sh. Himanshu Gautam, Advocates.

versus

REGISTRAR GENERAL, DELHI HIGH COURT….. Respondent
Through : Sh. Sanjoy Ghose, Sh. Rhishabh
Jetley, Ms. Pratishtha Vij and Sh. Urvi Mohan,
Advocates

CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE S.P.GARG

S. RAVINDRA BHAT, J.
1. Complaining of unjustified denial of third financial upgradation under the Modified Assured Career Progression Scheme (hereafter called “MACPS”, for convenience), the writ petitioners approach this Court under Article 226 of the Constitution for appropriate directions.

2. Both the petitioners joined the establishment of the High Court initially in the cadre of Upper Division Clerk [UDC] (the first petitioner on 05.09.1998 and the second petitioner on 22.10.1984) from which they were promoted to the cadre of UDC (again on 05.09.1998 and 13.05.1999 respectively) and finally to the cadre of Reader (first petitioner on 09.10.2007 and second petitioner on 18.07.2008). The action impugned is the denial of their claim for a third financial upgradation. The petitioners challenge an order of the Screening Committee of the High Court which rejected their claim for third financial upgradation. In terms of the MACPS, an employee is entitled to assured career progression at 10 years’ intervals – thus, the first financial up-gradation is after 10 years of service; the second after 20 years of service and the third, on completion of 30 years of service.

3. The MACPS had its precursor in Assured Career Progression Scheme (ACP), formulated by the Central Government and brought into force with effect from 09.08.1999. The ACP guaranteed career progression after completion of 12 years of service. The precondition for the applicability of ACP and MACPS is that the concerned officer or employee should not have been promoted. As corollary, in the event of promotion, the concerned career progression benefit at the appropriate stage was to be denied. For instance, if an individual is promoted before the completion of 10 years, she or he cannot avail the ACP/MACPS benefit upon completion of 10 years and would instead have to wait for the completion of 20 years for the second upgradation, provided she/he is not promoted a second time in the career. Initially, upon the publication of the ACP, several queries were urged and doubts sought to be allowed, through an Office Memorandum containing clarifications to Frequently Asked Questions. The first of these – applicable to the ACP was published on 01.02.2000. The second was made applicable after the MACPS was brought into force, i.e. 01.09.2008 (through the OM dated 19.05.2009).

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Voluntary Retirement in Paramilitary Forces

Voluntary Retirement in Paramilitary Forces
 
PERSONNEL OF PARAMILITARY FORCES TAKING VOLUNTARY RETIREMENT

Minister of State for Home Affairs replied in Parliament(Rajya Sabha) on 27.12.2017 regarding Voluntary Retirement in Paramilitary Forces.

“As per information provided by Central Armed Police Forces and Assam Rifles (CAPFs & AR), 19239 personnel have taken voluntary retirement from service since January, 2016.

Improvement in service conditions/ amenities and welfare of the force personnel is a continuous endeavour. A study was got conducted through Bureau of Police Research & Development (BPR&D) into the factors causing stress and suggest remedial measures and another similar study was got conducted though Indian Institute of Management, Ahmedabad (IIMA) for BSF & CRPF”. Based on the above study report, the measures, which have been taken to boost the morale and improve the working conditions and reduce stress among the force personnel, are at Annexure-‘A’.

ANNEXURE – ‘A’
R.S.US.Q.NO.1034 FOR 27.12.2017

Measures taken to improve the working conditions and reduce stress among the force personnel

(i) Transparent policies pertaining to transfer and leave of CAPFs and AR personnel. The hospitalization period due to injuries while on duty is treated as on duty. Choice posting is considered to the extent possible after the personnel served in hard area.

(ii) Regular interaction of officers with troops to find out and redress their grievances.

(iii) Ensuring adequate rest and relief by regulating the duty hours.

(iv) Improving living conditions for troops, providing adequate recreational/ entertainment, sports, communication facilities etc. Crèche facility is also provided at various establishments (where feasible) to facilitate the female employees.

(v) Facility of retention of government accommodation at the place of last posting (for keeping the family) while posted in NE State, J&K and LWE affected areas (except State Capitals).

(vi) Providing better medical facilities, also organizing talks with specialists to address their personal and psychological concerns and organizing Meditation & Yoga routinely for better stress management.

(vii) Adequately compensating the troops deployed in difficult areas.

(viii) Other welfare measures like facility of Central Police Canteen (CPC), scholarship for wards etc. Also air courier service has been provided to CAPF personnel deployed in NE States, J&K and LWE affected areas as welfare measure.

(ix) Designating retired CAPF personnel as ex-CAPF personnel for better identity and community recognition.

(x) Promotions are released regularly to eligible personnel as & when the vacancies arise. Financial benefits under Modified Assured Career Progression (MACP) are given in case promotion does not take place for want of vacancies at 10, 20 & 30 years of service.

Besides above, implementation of suitable model for improvement of working conditions of CAPFs & AR is a continuous process and instructions in this regard are issued from time to time by this Ministry.

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Important Supreme court Judgement – MACP should be given effect from 01.01.2016

Important Supreme court Judgement – MACP should be given effect from 01.01.2016

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO.3744 OF 2016

Union of India and Ors. – Appellant(s)
Vs.
Balbir Singh Turn & Anr. – Respondent(s)

Deepak Gupta, J.

1. Applications for condonation of delay in filing and refiling the appeals are allowed.

2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.

3. The 6th Central Pay Commission was set up by the Government of India to make recommendations in matters relating to emoluments, allowances and conditions of service amongst other things. The Pay Commission also made recommendation with regard to armed forces personnel. On 30th August,2008, the Central Government resolved by a resolution of that date to accept the recommendation of the 6th Central Pay Commission (CPC for short) with regard to the personnel Below officer Rank (PBOR) subject to certain modifications clause (i) of the Resolution reads as follows:

“(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 01.01.2006 and revised rates of allowances (except Dearness Allowance/Relief) with effect from 01.09.2008″.

clause 9 of the Resolution reads as follows:-

“(ix) Grant of 3 ACP up-gradation after 8,16 and 24 years of service of PBORs;”

4. Under the recommendations made by the 5th CPC there was a provision for Assured Career Progression (ACP). Vide this scheme, if an employee was not promoted he was entitled to get the next higher scale of pay after completion of 12/24 years of service. The 6th CPC recommended the grant of benefit of ACP after 10 and 20 years of service. The Union of India, however decided to grant 3 ACP upgradations, after 8, 16 and 24 years of service to PBORs, as per Clause (ix) extracted above. However, it would be pertinent to mention that the 6th CPC did away with the concept of pay scales and reduced the large number of pay scales into 4 pay bands and within the pay bands there was a separate grade pay attached to a post.

5. For the purpose of this judgment we are dealing with the facts of civil appeal diary No.3744 of 2016. It would be pertinent to mention that all the petitioners before the Armed Forces Tribunal (AFT for short) who are respondents before us are persons below officer rank. The respondents in this case retired after 01.01.2006 but prior to 31.08.2008. They claim that the benefit of the Modified Assured Career progression (MACP for short) was denied to them on the ground that the MACP was made applicable only with effect from 01.09.2008. The respondents approached the AFT praying that they are entitled to the benefit of MACP w.e.f 01.01.2006, i.e., the date from which the recommendation of the 6th CPC with regard to pay and benefits were made applicable. The stand of the Union of India was that the MACP was applicable only w.e.f. 01.09.2008 and, therefore, the respondents who had retired prior to the said date were not entitled to the benefit of the MACP. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.

6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.

7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted here in above. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006. The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

8. We may also point out that along with this Resolution there is Annexure-I. Part-A of Annexure-I deals with the pay structure, grade pay, pay bands etc., and Item 10 reads as follows :

10 Assured Career Progression Scheme for PBORs. The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter-Services Committee to consider the matter after the revised scheme of running bands is implemented (Para 2.3.34) Three ACP upgradation after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of Grade Pays, which need not necessarily be the hierarchy in that particular cadre.

Part-B of Annexure-I deals with allowances, concessions & benefits and Conditions of Service of Defence Forces Personnel. It is apparent that the Government itself by placing MACP in Part-A of Annexure-I was considering it to be the part of the pay structure.

9. The MACP Scheme was initially notified vide Special Army Instructions dated 11.10.2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30.08.2008 Special Army Instructions were issued on 11.10.2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows:

“15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.

Thereafter, another letter was issued by the Adjutant General Branch on 03.08.2009. Relevant portion of which reads as follows:-

“…….The new ACP (3 ACP at 8, 16 and 24 years of service) should be applicable w.e.f. 1 Jan 2006, and the old provns (operative w.e.f. the Vth Pay Commission) would be applicable till 31 Dec. 05. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.

Finally, on 30.05.2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:-

“5. The Scheme would be operational w.e.f. 1st Sep. 2008. In other words, financial up-gradations as per the provisions of the, earlier ACP scheme (of August 2003) would be granted till 31.08.2008.”

Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30.05.2011 the benefit of MACP was available from 01.01.2006.

10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. It has been strenuously urged by Col. R. Balasubramanian, learned counsel for the UOI that the Government took the decision to make the Scheme applicable from 01.09.2008 because many employees would have lost out in case the MACP was made applicable from 01.01.2006 and they would have had to refund the excess amount, if any, paid to them. His argument is that under the old Scheme if somebody got the benefit of the ACP he was put in the higher scale of pay. After merger of pay scales into pay bands an employee is only entitled to higher grade pay which may be lower than the next pay band. Therefore, there may be many employees who may suffer.

11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet.

This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

12. Col. R. Balasubramanian, learned counsel for the UOI relied upon the following three judgments viz. P.K. Gopinathan Nair & Ors. v. Union of India and Ors. 1 , passed by the High Court of Kerala on 22.03.2017, Delhi Urban Shelter Improvement Board v. Shashi Malik & Ors.2, passed by the High Court of Delhi on 01.09.2016, K.K. Anandan & Ors. v. The Principal Accountant General Kerala (Audit) & Ors3 passed by the Central Administrative Tribunal, Ernakulam Bench, Kerala on 08.02.2013. In our view, none of these judgments is applicable because the issue whether the MACP is part of the pay structure or allowances were not considered in any of these cases.

13. In this view of the matter we find no merit in the appeals, which are accordingly disposed of. All pending applications are also disposed of.

…………………………..J.
(Madan B. Lokur)

……………………………J.
(Deepak Gupta)

New Delhi
December 08, 2017

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7th CPC Military Brochure – Modified Assured Career Progression (MACP)

7th CPC Military Brochure – Modified Assured Career Progression (MACP)

MACP.

A direct recruited Sep, Hav or JCO will be entitled to min three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under MACP, the JCO/OR would get an addl increment and next higher Pay in the hierarchy. The following MACP would be entitled to JCOs/OR recruited under direct entry:

(a) Sep.

(i) Entitled to first financial upgradation of pay of the rank of Naik on completion of 8 yrs of service.

(ii) Second financial upgradation of pay of the rank of Hav on completion of 16 yrs of service.

(iii) Third financial upgradation of pay of the rank of Nb Sub on completion of 24 yrs of service.

(b) Direct Entry Hav.

(i) A direct entry Hav would be entitled to first financial upgradation of pay of the rank of Nb Sub on completion of 8 yrs of service.

(ii) Second financial upgradation of pay of the rank of Sub on completion of 16 yrs of service.

(iii) Third financial upgradation of pay of the rank of Sub Maj on completion of 24 yrs service.

(c) A Direct Entry JCO will be entitled to first financial upgrdation in Level 7 to the rank of Subedar on completion of 8 years of service, second financial upgradation in Level 8 to the rank of Subedar Major on completion of 16 years of service and third financial upgradaion in Level 9 on completion of 24 years of service. This is subject to the condition that the third financial upgradation does not take them beyond the age of superannuation for JCOs in terms of maximum period of service allowed and age of retirement / release.

Illustration

(a) If a Sep in Level 3 gets his first regular promotion to the rank of Nk in Level 4 on completion of 5 years of service and then continues in the same Level for further 8 years without any promotion then he would be eligible for second upgradation under the MACP Scheme in the Level 5 after completion of 13 years (5+8 years).

(b) In case he does not get any promotion thereafter, then he would get third upgradation under the MACPs in Level 6 on completion of further 8 years of service i.e after 21 years (5+8+8).

Auth : Adm Instrs for grant of MACP issued by PS-2(c) vide their letter No B/33513/ACP/AG/PS-2(c) dated 13 Jun 2011 and MoD ID No 1(13)/2011-D(Pay/ Services) dated 30 Jun 2014.

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Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees – Implementation of the 7th CPC Recommendation Clarification regarding revised benchmark of “Very Good” of APAR grading

Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees – Implementation of the 7th CPC Recommendation Clarification regarding revised benchmark of “Very Good” of APAR grading

MACP-7THCPC-CENTRAL-GOVERNMENT-EMPLOYEES

Fax/Speed Post

F.No.A-26017/127/2017-Ad.IIA
Government Of India
Ministry of Finance
Department Of Revenue
Central Board of Excise and Customs

North Block
New Delhi, the 04th October,2017

To,

All Cadre Controlling Authorities under CBEC

Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees – Implementation of the 7th CPC Recommendation Clarification regarding revised benchmark of “Very Good” of APAR grading.

Sir,

DoP&t vide OM No.35034/3/2015-Estt(D) dated 28.09.2016 had clarified that with effect from 25.07.2016. For grant of financial upgradation under the MACPS, the prescribed benchmark would be “Very Good” for all the posts.

2. The Board has been receiving a number of references from various field formations of CBEC, Associations and individuals on the subject mentioned above, seeking clarification whether the revised benchmark of “Very Good” (w.e.f 25.07.2016) may be applied to ACRs/APARs of 2015-16 and period prior to that, and whether the officers should be given opportunity to represent against the “Good” grading of past ACRs/APARs.

3. The matter has been examined in consultation with DoP&T .DoP&T has opined that there is no question of allowing second opportunity of representation against the APAR which are post 2009 as these are already disclosed to the employees in APAR process. DoP&T vide OM dated 28.09.2016 has implemented the recommendations of 7th CPC. accepted by the Government for enhancing the benchmark for grant of MACP to ‘Very Good’. These instructions are applicable w.e.f 25.07.2016, the date of issue of Government Resolution by D/o Expenditure. Therefore, in cases where the MACP falls due on or after 25.07.2016, the revised benchmark of ‘Very Good’ is to be followed. In other words, the overall grading of the APARs reckonable for grant of MACP should be atleast ‘Very Good’.

Yours faithfully.

(M.K.Gupta)
Under Secretary to the Government of India
Tele.No.011-230955528

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Modified Assured Career Progression Scheme (MACPS) for the Railway Employees

Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – Clarification RBE No.113/2017

MACP-RAILWAY-EMPLOYEES

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD
S. No. PC-Vl/378
RBE No.113/ 2017

No. PC-V/2009/ACP/2(Vol.ll)

New Delhi, dated 30/08/2017

The General Managers
All Indian Railways & PUs
(As per mailing list)

Subject: Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – Clarification regarding.

Reference is invited to the Para 4 of Annexure of the Modified Assured Career progression Scheme issued vide Board’s letter No. PC-V/2009/ACP/2, dt. 10.06.2009 (RBE No.101/2009) providing that benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the Pay ”Band and “the Grade Pay ‘drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion if it happens to be in a post carrying» higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of Grade Pay would be made available.

2. References have been received from some of the Zonal Railways whether at the time of regular promotion / grant of Non-functional Scale, the employee may be allowed to draw the difference in Grade Pay after availing regular” increment in the Pay Band and Grade Pay w.e.f. date of promotion or date of next increment consequent to MACP.

3. The matter has been considered in consultation with DoPT and it has been decided in the Para 4 of the Annexure of the MACP Scheme would be modified as under:-

“benefit of pay fixation available at the time of regular promotion shall also be allowed at the, time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the Pay Band and the Grade Pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion/ grant of Non-Functional Scale, if it is in the same Grade Pay as granted under MACPS. However, at the time of actual promotion/grant of Non- Functional Scale, if it happens to be in a post carrying higher Grade Pay than what is available under MACPS, no pay fixation would be available and only difference of Grade Pay would be made available. At the time of such regular promotion/grant of Non-Functional Scale to the higher Grade Pay than What has been given under MACPS, the employee shall have the option to draw the difference of Grade Pays from the date of such regular promotion/grant of Non- Functional scale or the date of accrual of next increment in the pay allowed under MACP.

4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

5. Hindi version is enclosed.

{Authority DoPT’s OM No. 35034/3/2008-Estt. (D) (Vol. II), dt. 04 th July, 2017}

(N.P.Singh)
Dy. Director, Pay Commission-V
Railway Board

Source: NFIR Download PDF file

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7th CPC Matrix Level MACP Anomaly – Detail Illustration

7th CPC Matrix Level MACP Anomaly – Detail Illustration

Recently NFIR writes letter to Railway board with the subject “MACPS anomaly as a result of implementation of 7th CPC Pay Matrix levels”

NFIR given illustration relating to no benefit in certain situations where the employee is granted MACP, also NFIR requested rectification from the Railway Board.

In the existing pay matrix the stages of pay are same in most of the levels such as level 2 & 3, 6 & 7 , 7 & 8 etc.

In case an employee is upgraded under MACP from one level to another level, his pay will be exactly same as he/she may have drawn even without receiving the benefit under MACP. He/She get only one increment, no benefit in promotion.

Here is the detail Illustration for all pay scales in the level 2 & 3, 6 & 7 , 7 & 8

Same Value in Next Pay Level, during MACP / Promotion upgrade

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MACPS anomaly as a result of implementation of 7th CPC Pay Matrix levels

MACPS anomaly as a result of implementation of 7th CPC Pay Matrix levels

N.F.I.R.
National Federation of Indian Railwaymen

No.IV/MACPS/09/Pt.11
Dated: 10/08/2017

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: MACPS anomaly as a result of implementation of 7th CPC Pay Matrix levels – reg.

NFIR gives below an illustration relating to no benefit in certain situations where the employee is granted MACP – rectification requested.

In the existing pay matrix the stages of pay are same in most of the levels such as level 2 & 3, 6 & 7 , 7 & 8 etc. In this situation, if an employee is upgraded under MACP from one level to another level, his pay will be almost (Exactly) same as he may have drawn even without receiving the benefit under MACP.

Illustration:

Existing pay level 7
Existing pay in pay level 7 (cell 11) 60400

MACP Pay level 8
MACP Pay fixed in level 8 (cell 10) 62200
Pay in level 7 with one inc. (Cell 12) 62200

The Federation requests the Railway Board to get the matter reviewed for ensuring adequate financial benefit as provided in Railway Board’s letter dated 10.06.2009 relating to the policy on MACP Scheme.

Federation may be replied on the action taken in the matter.

Yours faithfully,
(Dr M. Raghavaiah)
General Secretary

Source: NFIR

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MACP Scheme in 7th Central Pay Commission: Important clarification by CGDA

MACP Scheme in 7th Central Pay Commission: Important clarification by CGDA

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, PALAM, DELHI CANTT-10

X1/11051/MACP/2016/Vol-I
Dated 10-08-2017

To
PCA (Fys), PCsDA/CsDA

Sub: Modified Assured Career Progression (MACPs) for the Central Government Civilian employees:Implementation of seventh CPC Recommendations

Various reference has been received from different Controllers regarding grant of benefit of MACP for the Central Government Civilian Employees.

In this connection, it is intimated subsequent to implementation of VIth CPC, Modified Assured Career Progression Scheme was introduced with effect from 01/09/2008 vide DOP&T OM No 35034/3/2008-Estt(D) dated 19/05/2009. Subsequently, clarifications/FAQs have been issued in the matter vide DOPT OM dated 16/11/2009, 09/09/2010, 01/04/2011, 13/06/2012, 04/10/2012 and 10/12/2014.

2. In this matter attention is also invited to Para 4 of Annexure 1 to OM Dated 19/05/2009, which clearly stipulates that benefits of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the scheme.

3. With the implementation of 7th CPC, DoPT vide its OM No.F.No. 35034/03/2015-Estt(D) dated 27/28th September 2016 has made amendments to Para 1 & 2 of OM dated 19/05/2009 and Para 17 (annexure to OM dated 19/05/2009 vide Para 3 and 5 respectively, while making the changes effective from 25/07/2016, i.e. date of resolution notification by DOPT.

4. Thus it is imperative from the DOPT OM dated 27/28th September 2016 that the provisions contained in OM Dated 19/05/2009 (with subsequent clarifications/FAQs dated 16/11/2009, 09/09/2010, 01/04/2011, 13/06/2012, 04/10/2012 and 10/12/2014) read with amendments as proposed in DOPT OM Dated 27/28th September 2016 are in effect w.e.f. 25/07/2016. Accordingly all cases of MACP arising on or after 25/07/2016 may be dealt with as per DOPT OM dated 27/28th September 2016.

5. Cases prior to 25/07/2016 may be dealt with existing provisions of MACP as per DOPT OM Dated 19/05/2009 (with subsequent clarifications/FAQs dated 16/11/2009, 09/09/2010, 01/04/2011, 13/06/2012, 04/10/2012 and 10/12/2014).

6. It is further intimated that the orders on comprehensive MACP Scheme as mentioned in DOP&T letter dated 28/09/2016 have not yet been issued by DOP&T. The same shall be circulated on receipt.

Sd/-
(Vishav Jit Gandotra)
For CGDA

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7th Pay Commission – Finmin: MACP on performance to be reconsidered ?

7th Pay Commission – Finmin: MACP on performance to be reconsidered ?

New Delhi: Good-performing Central government employees will now get MACP if their performance is not upto the mark of “very good”, the Finance Ministry officials told The Sen Times on condition of anonymity.

They has said the government will reconsider the benchmark for performance appraisal for promotion and financial upgradation, which was enhanced to “very good” from “good” level for central government employees under the the 7th Pay Commission recommendations.

The Modified Assured Career Progression (MACP) scheme continues to be administered at 10, 20 and 30 years of service as before, the officials said as it “accepted” the pay panel’s recommendations.

However “good” benchmark on ACR/APAR (Annual Confidential Report/Annual Performance Appraisal Report) of the employees and officers that will help them now get MACP, they added.

“The government had a wrong idea about MACP. Now, the concepts have become clear to the Finance Minister Arun Jaitley,” they confirmed.

The government implemented the recommendations of the 7th Pay Commission from August 2016. The central government employees also got arrears from January 2016.

The pay panel had in its report said that performance benchmarks for MACP should be enhanced to “very good” from “good”.

The pay panel also proposed that annual increments not be granted in the case of those employees who are not able to meet the benchmark either for MACP or for a regular promotion in the first 20 years of their service.

The government accepted both proposals in June 2016 with basic salary hike but proposal increasing allowances has been accepted on June 28, 2017, which comes into effect from July 1, 2017 without arrears, which made resentment among the central government employees.

TST

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Modified Assured Career Progression Scheme for the Central Government Employee Clarification regarding

Modified Assured Career Progression Scheme for the Central Government Employee Clarification regarding

NO.35034/3/2008-Estt(D) (Vol. II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

New Delhi 110001
Dated the 04th July, 2017

OFFICE MEMORANDUM

Subject:- Modified Assured Career Progression Scheme for the Central Government Employee Clarification regarding.

the undersigned is directed to invite reference to the Para 4 of Annexure-I of the Modified Assured Career Progression Scheme issued vide the Department of Personnel and Training Office Memorandum No. 35034/3/2008-Estt.(D) dated May 19, 2009 providing that benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation upder the scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion if it happens to be in a post carrying higher grade pay than
what is availalable under MACPS, no pay fixation would be available and only difference of grade pay would be made available.

2. References have been received from varios Ministries/Departments whether at the time of regular promotion/grant of Non-Functional scale, the employee may be allowed to draw the difference in Pay after availing regular increment in the Pay Band and Grade Pay w.e.f. date of
promotion or date of next increment consequent to MACP.

3. The matter has been considered in this Department in consultation with the Department of Expenditure and it has been decided that the para 4 of the Annexure-I of the MACP Scheme would be modified as under:

Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such  upgradation. There shall, however, be no further fixation, of pay at the time of regular promotion / grant of Non Functional Scale, if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion / grant of Non-Functional Scale, if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. At the time of such regular promotion/grant of Non-Functional Scale to the higher grade pay than what has been given under MACPS, the employee have the option to draw the difference of Grade Pays from the date of such regular promotion/grant of Non-Functional Scale or the date of accrual of next increment in the pay allowed under MACP”
4. This modification in the MACP Scheme is being issued in consulation with the department of Expenditure.

(G.Jayanthi)
Director(E-1)

Source: DoPT

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Regarding grant of MACP/ACP benefit to SAS qualified officers appointed to the post of Section Officer/Assistant Accounts Officer on the basis of CAG Circular No. 23 staff wing/2016 No. 39 staff(Ent-1) 184-2014 dated 20/06/2016

Regarding grant of MACP/ACP benefit to SAS qualified officers appointed to the post of Section Officer/Assistant Accounts Officer on the basis of CAG Circular No. 23 staff wing/2016 No. 39 staff(Ent-1) 184-2014 dated 20/06/2016

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
ULAN BATAR ROAD, PALAM, DELHI CANTT-10

क्रमांक: प्रशा/XI/11051/MACP/2016/VOL-I

Dated 22-06-2017

To

PCA (Fys), PCsDA/CsDA

Sub: Regarding grant of MACP/ACP benefit to SAS qualified officers appointed to the post of Section Officer/Assistant Accounts Officer on the basis of CAG Circular No. 23 staff wing/2016 No. 39 staff(Ent-1) 184-2014 dated 20/06/2016

Various reference has been received from different Controllers regarding grant of benefit of ACP/MACP after passing of SAS-ll examination on the basis of CAG Circular No. 23 staff Wing/2016 No. 39 staff(Ent-1) 184-2014 dated 20/06/2016.

In this connection, attention is invited to’ Para 1 and 9 of Annexure of DOP&T OM No.3534/3/2008-Estt.(D) dated 19th May 2009, which stipulates that
“…..
1) There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion off 10, 20 and 30 years service respectively. Financial upgradation under this scheme will be admissible Whenever a person has spent 10 years continuously in the same grade pay.

9) Regular service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-employment basis. Service rendered on adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break shall also be counted towards qualifying regular service for the purpose of MACPs only( and not for the regular promotions). However, benefits under the MACPS in such cases shall be considered till the satisfactory completion of the probation period.
…”

Further, it is also intimated that the matter was referred to DoPT, for treating AAO as fresh recruits after passing of SAS Part II Exams and it has been clarified by DOP&T that Departmental Examination is one of the fast track mode of promotion and the appointment on the base of Limited Departmental Examination cannot be treated as direct recruitment and the orders of C & AG dated 20.06.2016 is not consistent with the instructions of the Government. Further, DoPT has opined that treating AAO as a fresh recruits for the purpose of benefit of MACP will be violative of the provisions of RR.

Accordingly, the representations received in this regard may be replied at your end.

(Vishav Jit Gandotra)
For CGDA

Source: www.cgda.nic.in

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Fixation of Pay on up-gradation of Grade Pay of IPs/ASPs under MACP Scheme

Fixation of Pay on up-gradation of Grade Pay of IPs/ASPs under MACP Scheme

No. 7-8/2016-PCC

Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi- 110001
Date : 30.05.2017

Sub :- Fixation of Pay on up-gradation of Grade Pay of IPs/ASPs under MACP Scheme.

The Directorate was in receipt of various references from Circles to clarify how to fix the pay of IPs/ASPs, who had already been granted financial upgradation under MACPS, in the event of upgradation of Grade Pay of these cadres by the Seventh Central Pay Commission w.e.f. 01.01.2016. The matter was examined and referred to DoP&T. The DoP&T has informed vide its communication no. 1229734/17/CR dated 18.4.2017 to  maintain status quo as under:-

The impact of upgradation of pay scales of certain posts by the 7th CPC on MACPS is being examined in this Department, in consultation with D/o Expenditure. The requisite clarification will be issued in due course.

3.The Department of Posts may be requested to maintain status quo in the matter till the decision is being taken by this Department.

This may be brought to the notice of all concerned.

sd/-
(R.L. Patel)
Asstt. Director General (GDS/PCC)

Signed Copy

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