Posts Tagged ‘MACP’

Implement the MACP Scheme from 01.01.2006: NCJCM writes to DoPT

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Implement the MACP Scheme from 01.01.2006: NCJCM writes to DoPT

Dated: August 7, 2018

National Council (Staff Side)
Joint Consultative Machinery for Central Government Employees
13-C, Ferozshah Road, New delhi-110001

No.NC-JCM-2017/MACP
The Secretary, Department of Personnel & Training,
North Block, New Delhi

Sub:- Item No.2,10 and 48 of the Joint Committee of MACP – Agenda items of the Standing Committee
Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018
2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018

Dear Sir,

This office vide Letters referred at 1 above dated 16/01/2018 and 27/03/2018 has represented to your good self to make the MACP scheme effective from 1/1/2006 since the Hon’ble Supreme Court in its order in WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of India to implement the MACP Scheme retro spectively from 1/112006. Till date we have not received any positive response from the DOPT. However the MOD vide letter referred at 2 above (copy enclosed) have now issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel by implementing the Hon’ble Supreme Court judgment. Having implemented the judgment to one set of employees and denying the same to the similarly placed employees is discriminatory and unjustified.

The Hon’ble Supreme Court has repeatedly ruled that judicial decisions in matter of a general nature should be extended to all similarly placed employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC 648, the Apex court has held as Under:-

“Those who could not come to the court need not be at a comparative disadvantage position to those who rushed in here, if they are otherwise similarly situated, they are entitled to similar treatment”

In view of the above to avoid multiplicity of litigations on the matter and since the item is also before the Joint Committee on MACP, it is requested that Govt. orders may please be issued for implementing the MACP Scheme w.e.f 1/1/2006. 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 from them in this connection.

Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary

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Benefits of MACPs w.e.f. 1.1.2006 – Supreme Court Judgement

Benefits of MACPs w.e.f. 1.1.2006 – Supreme Court Judgement

Indian Railways Technical Supervisors Association
(Estd.1965, Regd. No.1329 under ITU Act,
Website http://www.irtsa.net)

No.IRTSA/Memo RB/2018-8

Date: 08-08-2018

Member Staff,
Railway Board.

Respected Sir,

Subject: Benefits of MACPS w.e.f. 1.1.2006 – since MACPS is given as a part of pay structure and is not an allowances as per recommendations Sixth CPC, Resolution of Govt. thereon and as per judgment of Supreme Court.

Ref: 1. Ministry of Defence letter No.14(1)/99-D(AG), dated 25.07.2018.

2. Judgement of Supreme Court in Civil Appeal No.3744 of 2016 Dated 8-12-2017.

3. Recommendations of Sixth Central Pay Commission para 6.1.15, 6.5.2 & 6.5.4

4. Ministry of Finance Notification No.1/1/2008-I C & Government of India Resolution dated 29.8.2008

5. Railway Board’s OM No. PC-V/2009/ACP/2 (RBE No.101 /2009) dated 10.06.2009 – Regarding Recommendations of Sixth CPC – Modified Assured Career Progression Scheme (MACPS) for Railway Employees,

6. Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

7. Railway Service (Revised Pay) Rules, 2008, No. PC VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

1. a) We seek your kind intervention on date of implementation of MACPS w.e.f 1.1.2006 (instead of 1-9-2008) as has been held by the Supreme Court of India vide its judgment cited above wherein MACPS has been held to be a part of pay structure recommended by 6th CPC and not to be considered as allowance which were implemented from 1.9.2008. The judgement has cited the Resolution of the Government of India dated 30-8-2008 referred to above as Notification of MOF where in in MACPS has been defined as Pay and not as Allowance and has thus to be allowed from 1-1-2006.

b) Consequent upon the said judgment of the Supreme Court Judgement Ministry of Defense made the MACP Scheme operational from 01.01.2006 vide its orders dated 25-7-2018 cited above.

2. Sixth CPC Recommendations on Date of implementation:

a) Reg. Pay Structure: 6 th CPC in para 6.5.2 & 6.5.4 of its report (Annexure-I) had recommended for implementation of revised scheme of pay bands and grade pay as on 1/1/2006 retrospectively

b) Reg. Allowances: 6th CPC had recommended for implementation of revisedallowances to take effect prospectively.

c) Reg. Pay: 6th CPC had recommended for implementation of revised pay retrospectively from 1-1-2006, as clear from the relevant Para reproduce below:

6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.

3. Ministry of Finance vide Gazette of India, Extraordinary Notification of Resolution No.1/1/2008-I C, dated 29.8.2008 had implemented revised pay w.e.f.1.1.2006. But it implemented MACPS and all allowances except DA w.e.f.1.9.2008. Relevant rules of finance ministry resolution is attached as Annexure-II.

4. Ministry of Railways also implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008. Relevant part of RBE No. 103/2008 dated 04.09.2008 is attached as Annexure-III

5. Railway Board implemented the revised rate of NPA effective from the date an employee drawing pay in the revised scale applicable to him in accordance with the provisions of the Railway Services (Revised Pay) Rules, 2008, i.e. w.e.f. 1.1.2006, vide its letter No. PCV/2008/A/O/1(NPA) (RBE No. 122/2008) dated 22.9.2008. Relevant part of RSRP is attached as Annexure-IV

6. It is very much evident that 6th CPC recommended MACPS as part of pay structure. Subsequent resolution issued by Finance Ministry, (relevant paras of resolution implemented revised pay w.e.f. 1.1.2006. Only the allowances were implemented w.e.f.1.9.2008 while the Pay & DA were revised w.e.f. 1-1-2006.

7. MACPS is a part of pay structure. But MACPS order have been implemented w.e.f.1.9.2008, which is against the 6th CPC recommendations and Government of India’s resolution issued vide MOF Notification dated 29-8-2008.

8. A). Hon’ble Supreme Court of India in Civil Appeal Diary No.3744 of 2016 decided on 8-12-2017(copy of relavant para of judgemnt attached as Annexure-V) had 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 will apply from 01.01.2006.

b). The Court had further ordered and held that there can be no dispute that grant of ACP is part of the pay structure.

C). Apex Court is very clear on its Judgement that, resolution dated 30.08.2008 on implementation of 6th CPC recommendations (with regard to pay structure, pay scales, grade pay, etc) are applicable from 01.01.2006. This is a decision of the Cabinet and could not have been modified by issuing executive instructions.

D). The apex court also disposed bunch of appeals by a common Judgement since similar questions of law are involved.

9. Consquent upon the Judgement of Honb’le Suprem Court, Ministry of Defence vide letter No.14(1)/99-D(AG), dated 25.07.2018 (copy attached as Annexure-VI) made the MACP Scheme operational from 01.01.2006.

10. It is also pertinent to mention that rules & procedures for MACPS is being followed uniformly for all Government employees irrespective of departments / ministries, who are all covered under Central Pay Commissions.

11. It is, therefore, requested that MACPS may please be implemented from 1.1.2006 since MACPS is part of pay structure – as recommended by 6th CPC, accepted by the Government of India vide its Resolution Dated 29-8-2008 and implemented by MoD consequent upon the Judgement of Hon’ble Supreme Court.

Thanking you in anticipation, with kind regards,

Encls: 6 Annexure

Yours faithfully,
Harchandan Singh,
General Secretary, IRTSA

Encls: 6 Annexure

6th CPC recommendations on Date of effect

Relevant para of Gazette of India, Extraordinary, Ministry of Finance Notification No.1/1/2008-I C, dated 29.8.2008

Relevant Para of Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

Rule 4 of Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

Relevant Para of Judgement of Hon. Supreme Court in Civil Appeal No.3744 of 2016 Dated 8-12-2017

Copy of Ministry of Defence letter No.14(1)/99-D(AG), dated 25.07.2018

Annexure-I

6th CPC recommendations on Date of effect 6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.

6.5.4. The Commission is of the view that prospective revision of various allowances is justified as their retrospective revision will give unintended benefits and may also, in some instances, cause loss to the employees as in the case of City Compensatory Allowance. Accordingly, the Commission’s recommendations relating to allowances shall take effect prospectively. All recommendations relating to other facilities, benefits and conditions of service shall also take effect prospectively.

Annexure-II

Ministry of Finance Gazette Extraordinary, No.1/1/2008-I C dated 29.8.2008

Govt. vide resolution dated 29.8.2008 has implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008.

rule (iv) of rule 1. With regard to fixation pay in the revised pay bands, the basic pay drawn as on 1.1.2006 on the existing 5th CPC pay scales will be multiplied by a factor of 1.86 and then rounded of to next multiple of 10. This will be the pay in the revised running pay band. Grade Pay, as approved by Government,corresponding to the pre-revised pay scale, will be then added to the pay in the revised pay band. The total of pay in pay band and grade pay will be the revised basic pay as on 1.1.2006.

rule (vii) of rule 1. Three upgradation will be granted under Assured Career Progression (ACP) scheme at 10, 20 and 30 years as per Modified ACP scheme recommended by the Commission. ACP scheme will also applicable to Group “A” employees.

rule 3. The revised allowances, other than dearness allowance, will be effective from 1st day of September 2008.

Annexure-III

Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

Sub rule (2) of rule1 – They shall deemed to have come into force on the 1st January 2006.

Sub rule (1) of rule 7 – The initial pay of Railway servant who elects, or deemed to have elected under sub rule (3) of rule 6 to be governed by the revised pay structure on or from 1 st January 2006, shall, unless in case the President by special order otherwise directs, be fixed separately in respect of substantive pay in the permanent post on which he holds a lean or would have held a lean if it had not been suspended, and in respect of pay in the officiating post held by him, in the following manner namely:-

(A) In the case of all employees

(i) the pay in the pay band/Pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

Annexure-IV

Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

Rule 4. The revised rates of all allowances, such as House Rent Allowance, Transport Allowance, Children Education Allowance, Special Compensatory Allowance, Special Duty Allowance, Island Special Duty Allowance, Hard Duty Allowance etc will be paid prospectively w.e.f.1.9.2008. Accordingly no arrears will be paid in respect of these allowances. However, Dearness Allowances and non-practicing allowance for medical doctors at rates notified separately, will be payable w.e.f.1.1.2006 or from the date of option.

Annexure-V

(The Apex Court find no merit in bunch of appeals (25 appeals along with civil appeal no. 3744) made on behalf of Union of India and disposed all pending applications in favour of extending the benefit of MACPS w.e.f. 01.01.2006.)

Excerpts from the Judgment of the Apex Court

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)

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

Para 5. …. 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.

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

Para 7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted hereinabove. 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.

Para 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. ….

Para 11. …… 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.

Source: http://www.irtsa.net/

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Benchmark for financial upgradation under MACP clarification

Benchmark for financial upgradation under MACP clarification regarding dated 11.07.2018

MACP

Government of India
Ministry of Defence
Department of Defence
D(Civ I)

Subject: Benchmark for financial upgradation under MACP – clarification regarding

Clarification was sought from DoP&T on the issue of benchmark criteria for grant of financial upgradation under MACP. Now, the requisite clarification has been furnished by DoP&T vide their Comm. No.1313743/CR/18 dated 22.06.2018, contents of which are reproduced below for information and compliance:

“With regard to the query of M/o Defence on the issue of bench mark for grant of MACP, it may be stated that DoP&T has issued OM No. 35034/3/2015-Estt.(D) dated 28.09.2016 enhancing benchmark from ‘Good’ to ‘Very Good’ for all the posts for grant of financial upgradation under the MACPs as per the recommendations of 7th CPC. The above said OM was given effect from 25.07.2016 i.e. the date of acceptance of 7th CPC recommendations. Therefore, in cases where 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’.

Instructions prescribing modalities of implementation of 7th CPC recommendations for enhancing the benchmark from ‘Good’ to ‘Very Good’ in respect of promotion, is yet to be issued. The matter is under consideration.”

sd/-
(Pawan Kumar)
Under Secretary to the Govt. of India

Source: https://mod.gov.in/

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Modified Assured Carrier Progression Scheme (MACPS) to Central Government employees w.e.f. 01.09.2008 – clarification on counting of pre-appointment training w.r.t. Para 9 of MACPS guidelines

MACP to Central Govt employees from 01.09.2008 – Clarification on counting of pre-appointment training

No. 4-7/MACPS/2009-PCC (Pt.)
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi – 110001
Date : 02.07.2018

To
All Heads of Circles.

Sub : Modified Assured Carrier Progression Scheme (MACPS) to Central Government employees w.e.f. 01.09.2008 – clarification on counting of pre-appointment training w.r.t. Para 9 of MACPS guidelines – regarding.

The MACP Scheme promulgated by DoP&T vide OM No. 35034/3/2008-Estt. (D) dated 19.05.2009 was circulated in the Department vide OM No. 4-7/(MACPS)/2009-PCC dated 18.09.2009. Directorate has been receiving numerous references from service unions/ federations and Circles to clarify as to whether the pre-appointment training period will be counted for the purpose of MACPS or not with reference to Para 9 of the Scheme.

2. The matter was taken up with the nodal Department i.e. DoP&T for clarification. The DoP&T has clarified vide Dy. No. 1312914/18/CR dated 5.6.2018 as under :

“as per provisions of MACP Scheme as contained in Para 9 of Annexure -1 of MACP Scheme dated 19th May 2009, pre-appointment training before regular appointment is not counted for the purpose of MACP Scheme. ”

3. All concerned may take action accordingly.

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

Source: utilities.cept.gov.in

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MACP Scheme in 7th CPC – Enhancement of benchmark from “Good” to “Very Good” : CAG Circular

MACP Scheme in 7th CPC – Enhancement of benchmark from “Good” to “Very Good” : CAG Circular

MACP-Scheme-7th-CPC

MACP Scheme in 7th CPC

Circular No: 20-Staff Wing/2018
No. 699-Staff (Entt.-I)/52(Part.II)-2018

OFFICE OF THE COMPTROLLER &
AUDITOR GENERAL OF INDIA
9, DEEN DAYAL UPADHYAYA MARG,

NEW DELHI – 110 124
DATE: 05 JUL 2018

To,
1. All the Heads of Department in IA&AD,
As per mailing list (except overseas Audit Offices),
2. Director General (Commercial-I)-Local,
3. Principal Director (Headquarters)-Local.

Subject: Enhancement of benchmark from “Good” to “Very Good” for grant of financial upgradation under MACP Scheme.

Sir/Madam,

Attention is invited to Department of Personnel and Training’s O.M No. 35034/3/2015-Estt.(D) dated 28.09.2016 whereby the benchmark for grant of financial upgradation under MACP has been enhanced to “Very Good” with effect from 25.04.2016.

2. In this regard, various references are being received regarding the applicability of O.M dated 28.09.2016 for determining the eligibility for grant of financial upgradation under MACP Scheme by the Departmental Screening Committee.

3. The matter was taken up with the Ministry and it has been clarified that the aforesaid O.M dated 28.09.2016 is applicable with effect from 25.07.2016 i.e the date of issue of Government Resolution by the Department of Expenditure. Therefore, in cases where 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 at least “Very Good”.

Read also: Clarification on applicability of “Very Good” benchmark for financial upgradation under MACPS and consideration of “Good” benchmark for the previous years before 25.07.2016

4. Regarding assessing the ‘overall grading’ of APARs, it has been clarified that guidelines/instructions issued by DoP&T with regard to method of assessment by Departmental Promotion Committee (DPC) are applicable in cases of Departmental Screening Committee (DSC) for grant of financial upgradations under ACP/MACP Schemes. Hence, the principle adopted by DPCs for arriving at “Overall grading” (“Very Good” in case of MACP) may be adopted by the DSC also.

5. It is, therefore, requested that grant of financial upgradation under MACP Scheme may be processed in light of the above clarification.

6. Receipt of this circular may please be acknowledged.

Yours faithfully,

(V.S.Venkatanathan)
Assistant Comptroller & Auditor General (N)

Source: Confederation

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Rectification of MACPS Anomalies – Stepping up of pay of Senior incumbents at par with Juniors – Case of Railway Accounts Department

Rectification of MACPS Anomalies – Stepping up of pay of Senior incumbents at par with Juniors – Case of Railway Accounts Department

Rectification-of-MACPS-Anomalies

NFIR

No.IV/NFIR/7 CPC (Imp)/2016/R.B. -Part II

Dated: 25/06/2018

The Secretary,
Department of Personnel & Training, (Establishment Division)
North Block,
New Delhi-110001

Dear Sir,

Sub: Rectification of MACPS Anomalies – Stepping up of pay of Senior incumbents at par with Juniors – Case of Railway Accounts Department-reg.

The above subject has been taken up by the National Federation of Indian Railwaymen (NFIR), a recognized Federation of Railway employees, in the Permanent Negotiating Machinery (PNM) fora with the Railway Ministry. In the last meeting held between the Railway Board Members and the Federation on 17/05/2016, following agreement was recorded :-

It was explained to the Federation that the 7th CPC have addressed this issue in one of their recommendations. Therefore, we may await for the final outcome on the 7th CPC recommendations. If their recommendation is accepted by the Government, past cases of similar nature may be examined accordingly. The General Secretary/NFIR requested to see that injustice done to the Senior qualified staff is removed duly granting them the benefit of GP 5400/-.

Federation has since learnt that case file bearing No. PCV/2016/MACPS1(Pt1) dealing with the above subject has been sent by the Railway Ministry to the DoP&T to obtain NOC and has been pending since long period. The delay in granting NOC is causing frustration and resentment among the staff of Accounts Department on the Railways.

NFIR, therefore, requests the Secretary/DoP&T to kindly see that clearance from DoP&T to implement the recommendation of 7th Central Pay Commission is granted to the Railway Ministry soon.

Federation may please be kept advised of the action taken in the matter.

Yours faithfully

S/d,
(Dr. M. Raghavaiah)
General Secretary &
Leader Staff Side (JCM)

Source : NFIR

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MACP – Grant of financial upgradations under Modified Assured Career Progression Scheme

MACP – Grant of financial upgradations under Modified Assured Career Progression Scheme

MACP - Grant of financial upgradations under Modified Assured Career Progression Scheme

No.A-26011/20/MACPS/2017/MF.CGA(A)/NGE/162

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CONTROLLER GENERAL OF ACCOUNTS

MAHALEKHA NIYANTRAK BHAWAN
‘E’ BLOCK, GPO COMPLEX, INA
NEW DELHI-110023
Dated: 4th June, 2018

OFFICE MEMORANDUM

Subject: Grant of financial upgradations under Modified Assured Career Progression Scheme.

Reference is invited to this office OM No. A-26011/20/MACPS/2017/MF.CGA(A)/NGE/39 dated 13th April, 2018 and its subsequent reminder of even no. 110 dated 31.05.2018 vide which Ministries/Departments were requested to forward the cases of such AAOs/PS who are eligible for grant of financial upgradation upto 31.03.2019, in the enclosed proforma along with Service Book, complete CR Dossier upto 2016-17 and latest vigilance clearance certificate respectively by 15.05.2018 & 31.05.2018.

In this regard, it is stated that the requisite information is yet to be received from the Ministries/Departments mentioned below.

In view of above, it is requested that the matter may please be expedited and the cases of eligible AAOs/PS may be forwarded in the enclosed proforma alongwith Service Book, complete CR Dossier upto 2016-17 and latest vigilance clearance certificate by 11.06.2018 positively. In case of NIL information the same may also be furnished.

End: As above.

S/d,
(S.K.Gupta)
Senior Accounts Officer

To
All Pr.CCAs/CCAs/CAs
(CBEC,Coal,Commerce,CPAO,E&F,MEA,Health,HRD,INGAF,L&E,MNRE,RD,S&T,SRTH,H&UA)
Sr.A.O.(ITD)for uploading the OM on the CGA website.

Be the first to comment - What do you think?  Posted by admin - June 6, 2018 at 2:50 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

No. 35014/1/2017-Estt.D
Government of India
Ministry of Personnel P.G & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 11.05.2018

To
Shri M. Krishnan,
Secretary General & Member,
Standing Committee National Council JCM,
Confederation of Central Govt. Employees & Workers,
1st Floor, North Avenue PO Building,
New Delhi.

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

I am directed to refer to your letter No. Confdn/Genl/2016-19 dated 14.03.2018 on the above mentioned subject and to state 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. However, instructions prescribing modalities of implementation of 7th CPC recommendations for enhancing the benchmark from “Good” to “Very Good” in respect of promotion, is yet to be issued. The matter is under consideration.

2. This issues with the approval of Joint Secretary (E).

Yours faithfully,
(Kuldeep chaudhary)
Section Officer
Ph. No-23040398

Source: Confederation

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Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator Comments

Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator Comments

No.35014/1/2014-Estt.D

Government of India
Ministry of Personnel P.G. & Pensions
Department of Personnel & Training

North Block, New Dlehi
Dated: 02.02.2018

Office Memorandum

Sub: Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator Comments, regarding

The undersigned is directed to refer to JCA Section’s OM No. 11/1/2015-JCA dated 29.11.2017 and OM No. 3/3/2016-JCA dated 18.01.2018 on the above mentioned subject. With regard to request of JCA Section to discuss the issue with Staff Side. It is stated that it is not known on which issue Staff-Side desires to discuss the issue. Since the MACP Scheme is very complex, it would be appropriate that the matter may be discussed in the JCM meeting itself. However, latest status on the issue raised by Staff Side in the Standing Committee meeting held on 27.07.2012, 25.10.2016 and 03.05.2017 are furnished as under:-

FOLLOW UP ACTION AND LATEST STATUS ON THE ISSUES DISCUSSED IN THE JOINT COMMITTEE MEETING ON MACP HELD ON 27.07.2012

S.No. Item Recommendations Follow up action Latest Status
1. Grant of MACP in the promotional hierachy Staff side was informed that it was not possible to
agree to the demand. Demand for allowing individual option for either ACPS or
MACPS was also not agreed to.
No, action is required Matter is sub-judice before Hon’ble Supreme Court.
2. Date of effect of MACP Scheme Staff side was advised to reconsider their demand
for making MACPS effective from 01.01.2006.
No action. No action
3. Counting of 50% of service rendered by Temporary
Status Casual Labour for reckoning 10/20/30 years under MACP Scheme that
post.
It was decided that this issue may be taken up by
the staff side in the National Council separately.
No action is required
8. Stepping up of pay of senior incumbents at par with
junior incumbents as a consequence of ACP/MACPS.
Official side states that steeping up of pay in the
pay band or grade pay w.r.to junior getting more pay than the senior on
account of pay fixation under the MACP Scheme can be considered as a special
dispensation and suitable clarificatory instructions will be considered.
1. Instructions in this regard have been issued vide OM dated
04.10.2012.
2. On a reference from Ministry of Railways, the issue was
considered, wherein it was categorically stated that the anomaly in Accounts Cadre of Railways cannot be
attributed to ACP/MACP Schemes, but due to facility cadre structure.
7th CPC has recommended in Para 11.40.81
for stepping up of pay in circumstantial ground prevalent in M/o Railways.
On the proposal of M/o Railways for accepting this
recommendation of 7th CPC, file has been referred to D/o
Expenditure for approval
9. Benchmark for MACP Suitable instructions to be issued that wherever
promotions are given on non selection basis (seniority- cum-fitness) the
prescribed benchmark as mentioned in para 17 of Annexure 1 of MACPS dated
19.05.2009 will not be applicable and the benchmark for promotion will apply
for the purpose of MACPS.
Instructions in this regard have been issued vide OM
dated 04.12.2012
As per recommendations of 7th CPC, Benchmark
for MACP has been enhanced to Very Good for all the posts vide OM dated
28.09.2016
10. Grant of ACP benefit to Artisan Staff of Ministry of
Defence.
Official side informed that the matter has already
been examined and it is not amenable so acceptance.
The matter has been again examined on a reference
from M/o Defence.
The matter has been closed in the meeting of
Standing Committee held on 03.05.2017.
11. Issues already resolved and hence closed Multiple issues Closed. No action.
12. Employees who got one promotion prior to 01.09.2008
and completed over two decades of service without benefit of promotion and are
denied third MACPs.
Official side has stated that this is a peculiar
situtation and agreed to consider this issue on the basis of a reference to
be made by the Ministry of Railways.
On a reference from M/o Railways the issue was
examined in consultation with the D/o Expenditure and the proposal was not
agreed to.
No action.

Follow up action on the meeting of Standing Committee held on 25.10.2016 under the Chairmanship of Secretary (P) on the issues relating to MACPS

S.No. Item Recommendations Follow up action
5(xii) Ensuring Five Promotions in the Service Career and Grant of MACP in the promotional hierarchy. It was observed by Secretary (P) that the reason behind delay in promotion was also due to delay in completion and implementation of cadre review report and instructions would be issued to speed up cadre review. Action required from CRD Division. With regard to other demand i.e. grant of MACP in
promotional hierachy, it is stated that if MACP will be granted in the promotional hierarchy, it will give rise to uneven benefit to employees falling in the same pay scale since several organizations adopted different hierarchical pattern. Consequently employees working in organizations having  greater number of intermediate greater number of intermediate grades will suffer because financial upgradation under MACPS will place them in lower pay scale vis-à-vis similarly placed employees in another organization that had lesser intermediary grades.Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of level in the
Pay Matrix
6(vii) Grant of 3rd MACP in GP Rs. 4600/- to the
Master Craftsman (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs. 4500-7000/- as on 31.12.2005.
Joint Secretary (Estt.). DoP&T informed that the issued would be re-examined. Formal proposal of M/o Defence has been received. The
matter was discussed with the representatives of M/o Defence twice i.e. on 19.01.2016 and 26.01.2016. The issue will be referred to D/o Expenditure for
reconsideration of their earlier advice.
6(xiii) Withdraw the stringent conditions unilaterally imposed by Government for grant of Modified Assured Career Progression (MACP) in promotion and grant MACP on promotional. Staff Side demand that Government should either make MACP promotional hierarchy centric or they should not make it conditional..Joint Secretary (Estt.). DoP&T explained that the principle stil remains the same as for promotion also, the benchmark is “Very Good”. No action is required.

Follow up action on the meeting of Standing Committee held on 03.05.2017 under the Chairmanship of Secretary (P) on the issues relating to MACPS

S.No. Item Recommendations Comments of Establishment Division
12. Ensuring Five promotions in the Service Career It was informed that when this anomaly was earlier pointed out to the Joint Committee it was promised that this would be
reconsidered and rectified. They suggested that if the MACP scheme was considered more beneficial the employee should be given option to choose
whether be wants ACP Scheme of MACP scheme. The Chairman desired to know if there was any pay commission recommendation on this issue, on which he was informed that there was not.
It was decided that the Establishment Division would
examine the issue further.
It is stated that if MACP will be granted in the
promotional hierarchy it will give rise to uneven benefit to employees
falling in the same pay scale since several organizations adopted different hierarchical pattern. Consequently employees working in organizations having greater number of intermediate grades will suffer because financial
upgradation under MACPS will place them in lower pay scale vis-à-vis
similarly placed employees in another organization that had lesser intermediary grades.
Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of levels in the
Pay Matrix.
19. Grant of 3rd MACP in GP Rs. 4600 to the
Master Craftsmen (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs. 4500-7000 as on 31/12/2005
Establishment Division had through their letter
dated 09.02.2017 informed that a formal proposal of M/o Defence had been received. The matter was discussed with the representatives of M/o Defence twice i.e. on 19.01.2016, and 26.01.2016. The issue will be referred to D/o Expenditure for reconsideration of their earlier advice.
The Staff-Side expressed satisfaction with the action taken. It was decided that the item may be closed.
No action.
25 Withdraw the stringent conditions unilaterally
imposed by Government on grant of Modified Career Progression (MACP) in promotions and grant of MACP on promotional hierarchy.
JS (Admn and JCA) informed that ever since the
introduction of disclosure of APARs, the number of employees getting higher
level of gradings may rise. Proposal needed to be evidence based. It was
decided that the Ministry of Railways may provide data on the trend of recorded gradings of APARS.
Though the matter assigned to M/o Railways, however, it is stated that the issue of enhancing the benchmark for promotion is under active consideration of the Government and the modalities decided in the matter of promotion will be made applicable in the case of MACP.

2. This issues with the approval of Joint Secretary (Establishment).

(Kuldeep Chaudhary)
Section Officer
Ph.No. 23040398

Source: Confederation

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OFB: Clarification regarding ACP/MACP

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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Grant of financial upgradation under ACP/ MACP Scheme and Non Functional Grade to Pharmacists

Grant of financial upgradation under ACP/MACP Scheme and Non Functional Grade to Pharmacists: Clarification by PCA(Fys)

Circular – 03

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
PAY TECH SECTION
10-A, S.K. BOSE ROAD, KOLKATA: 700001

No: Pay/Tech-I/01(6th CPC) Pharmacist

Dated: 13/04/2018

To
All CFAs / Br. AOs

Subject: Grant of financial upgradation under ACP/MACP Scheme and Non Functional Grade to Pharmacists.

The issue of grant of ACP/MACP to Pharmacists on acceptance of Fast Track Committee Report, the Government of India, vide Min of Fin, Deptt of Expenditure F. No. 1/1/2008-IC dated 18.11.2009 was referred to our HQrs office for clarifications on the following points.

(i) Whether the pharmacists (GP Rs2800/-) who have already been granted higher scale/GP (GP 4200/-) by virtue of ACP or otherwise prior to effective date of OM dated 18.11.2009 are again to be allowed Non Functional Upgradation (GP 4200/-) under the above provisions.

(ii) Further, doubt has been raised regarding mode of fixation of pay while on granting ACP after NFU, as in the case of Pharmacists, the scale/GP granted on account of NFU and the standard/common pay scales applicable for ACP in terms of Annexure-II are same and identical i.e. GP of Rs.4200/- in the PB-2.

In this regard a copy of CGDA No-AT/Il/2458-XXIII, dated 01/03/2018 received in this office clarifying the above points is forwarded herewith for information and necessary guidelines.

Sd/-
ACA (Fys)

Office of the Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt-11001

No. AT/II/2458-XXIII

Dated: 01 Mar 2018

To
The PCA (Fys)
Kolkata

Subject: Grant of financial upgradation under ACP/ MACP Scheme and Non Functional Grade to Pharmacists.

Reference: Your office letter No Pay/Tech-I/01 (6th CPC) Pharmacist dated 12-01-2017, 20-02-2017 and 14-09-2017.

The issue of grant of ACP/MACP to Pharmacists referred to HQrs Office vide your office letter dated 12-01-2017 has been examined in consultation with other PCsDA/CSDA. As regard to the first point of doubt referred by your office, it is viewed that grant of NFU (in the grade pay of Rs 4200/-) to the pharmacists who have already been granted GP of Rs 4200/- by virtue of ACP or otherwise as on 01-
01-2006 does not appear to be in tune with or supported by the orders regulating the grant of NFU.

2. Further, regarding second doubt raised by your office it is stated that the clarification given at S] No 2 of DOPT OM No 35()34/1/97-Estt (D) (Vol-IV) dated 10-02-2000 clearly stipulates that in cases where pay scale given as selection grade/in-situ promotion is not a part of hierarchy, the pay scale granted by virtue of selection grade/in-situ promotion may be treated to have withdrawn on grant of ACP. In View of the provisions ibid it is viewed that the pay scale/ grade pay of Rs 4200/- granted by virtue of NFU in the cases of pharmacists which is not a part of hierarchy may be treated to have withdrawn on grant of ACP.

This has the approval of Addl CGDA (PP&W).

Sd/-
(V K Purohit)
for CGDA

Source: pcafys.nic.in

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7th CPC Pay Fixation Tables: Promoted from Level 1 to 2

7th CPC Pay Fixation Tables: Promoted from Level 1 to 2

7th CPC Pay Fixation Tables: Pay Fixed on the Date of Promotion or Date of Next Increment

Pay Fixation on Promotion or MACP as per FR22(I)(a)(1) after 7th Pay Commission is regulated by the Rule13 of CCS(RP) Rules, 2016. This Rule regulates the Pay Fixation on Promotion or MACP to all Central Government Employees to permit to fix their pay on the date of promotion itself and also opts to pay fixation from the Date of Next Increment (DNI).

Pay Fixation on Promotion Date: A Government servant is promoted, will first be given one increment in the current level. Then he will be placed, equal to or next higher matrix pay in the promoted level.

Pay Fixation on Increment Date: A Government servant may allowed to fix his pay from the Date of his Next Increment (either 1st July or 1st January) as per recommendations of 7th Pay Commission. A Government servant is promoted, then, from the date of promotion till his Increment Date (either 1st July or 1st January), he shall be placed at the next higher cell in the promoted level. And then, on Increment Date his pay will be re-fixed and 2 increments (One Annual Increment and another Promotional Increment) will be granted in the same level, and he will be placed at the next higher cell in the promoted level.

We provide a ready reckoner table for promotees from level 1 to level 2. Table describes in two parts such as ‘Pay Fixed on Promotion Date’ and ‘Pay Fixed on Increment Date’

Level – 1 (GP 1800) to Level-2 (GP 1900)
Fixed on Promotion Date Fixed on Increment Date
Index Level – 1 Level – 2 Pay on PD Pay on DNI Pay on PD Pay on DNI
1 18000 19900 19900 20500 19900 19900
2 18500 20500 19900 20500 19900 19900
3 19100 21100 19900 20500 19900 19900
4 19700 21700 19900 20500 19900 19900
5 20300 22400 21100 21700 20500 21700
6 20900 23100 21700 22400 21100 22400
7 21500 23800 22400 23100 21700 23100
8 22100 24500 23100 23800 22400 23800
9 22800 25200 23800 24500 23100 24500
10 23500 26000 24500 25200 23800 25200
11 24200 26800 25200 26000 24500 26000
12 24900 27600 26000 26800 25200 26800
13 25600 28400 26800 27600 26000 27600
14 26400 29300 27600 28400 26800 28400
15 27200 30200 28400 29300 27600 29300
16 28000 31100 29300 30200 28400 30200
17 28800 32000 30200 31100 29300 31100
18 29700 33000 31100 32000 30200 32000
19 30600 34000 32000 33000 31100 33000
20 31500 35000 33000 34000 32000 34000
21 32400 36100 34000 35000 33000 35000
22 33400 37200 35000 36100 34000 36100
23 34400 38300 36100 37200 35000 37200
24 35400 39400 37200 38300 36100 38300
25 36500 40600 38300 39400 37200 39400
26 37600 41800 39400 40600 38300 40600
27 38700 43100 40600 41800 39400 41800
28 39900 44400 41800 43100 40600 43100
29 41100 45700 43100 44400 41800 44400
30 42300 47100 44400 45700 43100 45700
31 43600 48500 45700 47100 44400 47100
32 44900 50000 47100 48500 45700 48500
33 46200 51500 48500 50000 47100 50000
34 47600 53000 50000 51500 48500 51500
35 49000 54600 51500 53000 50000 53000
36 50500 56200 53000 54600 51500 54600
37 52000 57900 54600 56200 53000 56200
38 53600 59600 56200 57900 54600 57900
39 55200 61400 57900 59600 56200 59600
40 56900 63200 59600 61400 57900 61400

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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.

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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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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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Discussions of GS/NFIR held with Railway Board on 31/01/2018

Discussions of GS/NFIR held with Railway Board on 31/01/2018

No.II/95/Pt.X

Dated: 01/02/2018

The General Secretaries
of Affiliated Unions of NFIR

 

Brother,

Sub: Discussions of GS/NFIR held with Railway Board on 31/01/2018 – reg.

 

The GS/NFIR discussed with Railway Board on 31st Jan 2018 and reminded the following issues raised by the Federation from time to time:-

 

(i) Action to be expedited in the light of Supreme Court’s order for continuation of LARSGESS with proper safeguards.

 

(ii) Dispensing with ‘Very Good’ benchmark for granting financial upgradation under MACPS in Railways – already inputs given by NFIR.

 

(iii) Stepping up of pay of Loco Inspectors inducted prior to 01/01/2006 agreed with the NFIR on 5th Jan, 2018 in the meeting by CRB.

 

(iv) A venue of promotion for filling the vacancies of Station Managers in the wake of merger of GP 2800 with GP 4200. Federation requested the Railway Board to take speedy action on NFIR’s proposal.

 

(v) Keeping Ticekt Checking as separate category while taking steps in respect of commercial categories as per record note of discussions held with the NFIR.

 

Forwarded to the affiliates for information and conveying appropriately to the staff concerned.

 

Yours fraternally,
sd/-
(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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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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