Demand for MACP in Promotional Hierarchy has been Dismissed – Dopt Orders

No. 22034/04/2013-Estt.(D)

Government of India

Ministry of Personnel Public Grievance & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 01.03.2016

Office Memorandum

Subject :- References/Representations/Court Cases in various Ministries/Departments/Organisations for grant of MACPS benefits in the promotional hierarchy – reg.

In continuation of DOPT’ s earlier O.M. of even no. dated 20.01.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision of Hon’ble CAT, Ahmedabad bench in OA No. 120/000018/2015 filed by Shri Manubhai B. Rathore Vs. UOI & Ors whereby the demand of the applicant for MACP in promotional Hierarchy has been dismissed.

Sd/-

(G.Jayanthi)

Director (E-I)

Phone No. 23092479

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/22034_04_2013-Estt.D-01032016A.pdf

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MACP on Promotional Hierarchy – Written Reply in Parliament

Press Information Bureau 

Government of India

Ministry of Personnel, Public Grievances & Pensions

MACP on Promotional Hierarchy – Written reply in Parliament

MACP on promotional grade

The employees including Group ‘C’ (which includes erstwhile Group ‘D’) are granted three financial upgradations under Modified Assured Career Progression (MACP) Scheme in the next immediate Grade Pay hierarchy as per CCS(Revised Pay) Rules, 2008 on completion of 10, 20 and 30 years of regular service.

There have been instances where Tribunals and High Courts have directed to grant benefits under Modified Assured Career Progression (MACP) Scheme in the promotional hierarchy. However, in such cases, the order of Court is specific to the applicant only.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Kamlesh Paswan in the Lok Sabha today.

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Seventh Pay Commission likely to Reduce Grade Pay, stay MACP

New Delhi: Seventh Pay Commission is likely to recommend to reduce “Grade Pay” and to stay “MACP” systems for central government employees, which was recommended by the sixth pay commission in 2006.

The Pay panel sources today said the Seventh Pay Commission is considering reducing the provision of Grade Pay and staying Modified Assured Career Progression (MACP) Scheme for the central government employees.

Grade Pay was derived from USA and it has increased in prominence in the early 21st century in USA. Federal employees in USA at all levels are paid based on Grade Pays. The six pay commission followed them.

“Central government has 15 grade pays now from Rs 1,800 to Rs 12,000 for job level pay variance of its employees. Generally, multi tasking staff (MTS) and clerical jobs that require formal education, just a high school or higher secondary, who are at are at the lower levels from grade pays 1,800 to 2,000.

One common factor in the grade pays 2,400 to 12,000 that’s where bachelor’s degrees are required for jobs in non-technical and non-scientific departments.

Hence We decided to reduce grade pays from 15 to 10,” the sources added.

A grade pay is a structured pay format where employees are placed at a given pay level based on their level of education and work experience related to the position.

“Every employee does not get promotion in time. So, if Modified Assured Career Progression (MACP) Scheme is not maintained it will be seriously affected,” the official said.

The MACP provides central government employees upper grade scale when they do not get promotion in time.

Accordingly, the sources said the Modified Assured Career Progression (MACP) Scheme is likely to be kept the current status quo.

The Seventh Pay Commission, headed by Justice A K Mathur, was appointed by the previous UPA government in February 2014 and its recommendations are scheduled to take effect from January 1, 2016.

Meena Agarwal is the secretary of the Commission. Other members are Vivek Rae, a retired IAS officer of 1978 batch and Rathin Roy, an economist.

The Seventh Pay Commission was appointed for 18 months, its terms was extended in August 2015 by four months till December 31, 2015.

The government constitutes the Pay Commission almost every 10 years to revise the pay scale of its employees and often these are adopted by states after some modifications.

As part of the exercise, the Commission holds discussions with various stakeholders, including organisations, federations, groups representing civil employees as well as Defence services.

The Sixth Pay Commission was implemented with effect from January 1, 2006, the fifth from January 1, 1996 and the fourth from January 1, 1986.

Source: TST

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MACP Anomalies meeting held between the Railway Board (Executive Directors) and the Federations-reg.

NFIR

National Federation of Indian Railwaymen

3, CHELMSFORD ROAD, NEW DELHI – 110 055

Affiliated to:

Indian National Trade Union Congress (INTUC)

International Transport Workers’ Federation (ITF)

Dated: 12/10/2015

No. IV/MACPS/09/Part 9

The General Secretaries of

Affiliated Unions of NFIR

Dear Brother,

Sub: MACP Anomalies meeting held between the Railway Board (Executive Directors) and the Federations-reg.

The position relating to discussions held between the Railway Board (EDS) and the Federations at Rail Bhavan on 12th October 2015 is briefly placed below:-

1. Financial up-gradation under MACPS to the directly recruited Gradate Engineers Considering entry Grade Pay as Rs. 4600/- for the purpose of MACP to all the directly recruited Engineering Graduates in Design/Drawing Cadre and other Cadres. (NFIR’s PNM item No. 18/2011)

After discussion the Official Side stated that they will collect position relating to Graduate Engineers recruited in Pay Scale of Rs. 5500-9000 who were deprived of MACP benefit while those recruited later on and got Pay Scale of Rs. 6500-10500 through LDCE against 20% DR Quota for further View.

2. Third financial up-gradation under MACPS on completion of 20 years of service from the first promotion or 10 years after second promotion or 30 years after regular appointment – Whichever is earlier?

&

7. Grant of financial up-gradation under MACPS to the staff who are in the same Grade Pay for more than 20 years. (NFIR’s PNM Item No. 1/2011).

It was agreed to re-consider and discuss with the Federations before making out conclusion on these issues.

3. Grant of financial up-gradation under MACP Scheme in the promotional hierarchy (instead of Grade Pay hierarchy) – as per judgment of various Courts.

Federation explained that the Grade Pay Rs. 2000 is not existing in the Railways and invited attention of Railway Board to the minutes of the Joint Committee meeting held at the level of DoP&T for review. It was agreed to take action accordingly.

4. MACPS benefits to railway employees – cases of employees joining another unit/organization on request.

It was agreed to review and re-iterate DoP&T O.M. as it is.

5. Provision of all benefits on financial upgrading under MACPS – including entitlements for travel & treatment in hospital etc.

Discussed. Official Side stated that the MACP benefits have already been extended as per DoP&T guidelines.

6. Non-grant cf benefit of financial up-gradation under MACPS to the staff on North Western Railway.

Particulars of individual employees will be obtained from N.W. Railway for considering the case. NFIR invited Board’s attention to its letter dated 13/01/2014.

8. Abolition of Pay Scale and Introduction of up-graded Pay Scale with revised designation -Senior Section Engineers (Drawing) – Clarification on entry Grade Pay.

Case of Diploma Holder Tracers appointed against DR Quota vacancies as per Board’s orders (pursuant to DC/J CM decision) will be considered positively.

9. Non-grant of financial up-gradation under MACP Scheme to the Stock Verifiers working in Zonal Railways/Production Units.

Agreed to consider.

10. Grant of financial up-gradation under MACP Scheme – Wrongful clarification issued by the Railway Board.

NFIR quoted the case of Pharmacists, Guards besides Sr. Clerks joined against Graduate Quota having cleared RRB Examination. It was also contended that the LDCE being part of DR Quota, all such promotions are to be ignored for the purpose of MACP. It was agreed to consider.

11. Wrong implementation of MACP Scheme in IT Cadre/Granting of financial benefit under MACP Scheme to EDP Staff.

Will be examined.

Yours fraternally,

Sd/-

(Dr. M. Raghavaiah)

General Secretary

Source: NFIR

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Grant of financial upgradation under MACP Scheme – Clarification reg.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(Railway Board)

No PC-V/2010/MACP/7/ECR

New Delhi, dated 04/09/2014

The General Manager (P)

East Central Railway,

Hajipur

Subject: Grant of financial upgradation under MACP Scheme – Clarification reg.

Ref: ECR’s letter No.E/205(A)/O/ECR/HJP, dated 11.07.2014

In context of E.C.Railway’s letter under reference, it is stated that the matter has been examined and it is clarified that:-

(a) The employees joining a post in Grade Pay of Rs.4600, on direct recruitment basis may be considered for grant of financial upgradation in Grade Pay of Rs.4800, Rs.5400 of PB-2 and Rs.5400 of PB-3, provided that no two successive grades i.e., feeder and promotional are in the same Grade Pay.

(b) Similarly, the employees joining a post in Grade Pay of Rs.4200, on direct recruitment basis may be considered for grant of financial upgradation in Grade Pay of Rs.4600, Rs.4800 and Rs.5400 of PB-2, provided that no two successive grades i.e., feeder and promotional are in the same Grade Pay.

(c) Accordingly, the employees joining a post in Grade Pay of Rs.2800, on direct recruitment basis may be considered for grant of financial upgradation in Grade Pay of Rs.4200, Rs.4600 and Rs.4800 of PB-2, provided that no two successive grades i.e., feeder and promotional are in the same Grade Pay.

2. Further, the grant of financial upgradation under MACP Scheme is subject to fulfilment of terms and conditions contained in Board’s letter dt. 10.06.2009 (RBE No.101/2009) and clarifications issued in context thereof and the same may please be ensured while considering cases for financial upgradation under MACP Scheme.

Sd/-

(N.P.Singh)

Dy.Director, Pay Commission - V

Railway Board.

Source: NFIR

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MACP for Central Government Civilian employees - DoPT instruction regarding.

No.35034/3/2008-Estt. (D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block, New Delhi, the 18th February, 2015

OFFICE MEMORANDUM

Subject:-MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES-instructions regarding.

This Department on the recommendation of Sixth Central Pay Commission in Para 6.1.15 of its report and in supersession of previous Assured Career Progression Scheme, vide O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009 introduced the Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees which is operational w.e.f. 01.09.2008. MACP Scheme envisages the three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service to all regularly appointed Group “A”, “B”, and “C” Central Government Civilian Employees.

2. As per para 6 of DOPT’s O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009, the Screening Committee would follow a time-schedule and meet twice in a financial year -preferably in the first week of January and first week of July of a year for advance processing of the cases maturing in that half. Accordingly, cases maturing during the first-half (April-September) of a particular financial year would be taken up for consideration by the Screening Committee meeting in the first week of January. Similarly, the Screening Committee meeting in the first week of July of any financial year would process the cases that would be maturing during the second-half (October-March) of the same financial year.

3. It has come to notice of this Department that the benefits of MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministrie/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.

Sd/-

(Mukta Goel)

Director(E-I)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/35034_3_2008-Estt-D_18022015.pdf

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DOPT Clarification on MACP for Central Government Employees

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 10th December, 2014

OFFICE MEMORANDUM    

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

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MACP benefits on the basis of Promotional Hierarchy..!

MACP benefits on the basis of Promotional Hierarchy..!

What is the Necessity for MACP to Emulate ACP’s Promotional Hierarchy? 

For a number of years, Federations have been demanding that employees who had not been given promotions for 10, 20 or 30 years be given promotions or upgradations by MACP (Modified Assured Career Progression Scheme) on the basis of their respective Promotional Hierarchy. The Government refused to oblige by stating very clearly in the 6th CPC that promotions will be given only on the basis of Grade Pay Hierarchy. 

There are no such recommendations in the ACP Scheme (Assured Career Progression Scheme), which was introduced by the 5th CPC. In fact, there was not even a Grade Pay format in its Pay Structure. There was also no usage of ‘Hierarchy’ in it. A lot of confusion was created after the introduction of the Grade Pay Structure by the 6th CPC. Two distinct hierarchies were created – Promotional Hierarchy and Grade Pay Hierarchy. 

Promotional Hierarchy is based on the pay structure depending upon the employee’s grade and department. Two employees with similar designations and ranks, but in different departments, will notice this difference. This is not applicable to everybody.

On the other hand, Grade Pay Structure is common for all. This is the reason why there are differences between an employee who gets promotions under the regular system and one who gets promotion under MACP. In order to rectify this discrepancy, a number of employees had approached the courts and had succeeded. 

This would become clearer with this example: 

Let us assume that an LDC employed with a Central Government office under a promotional hierarchy of 1900-2400-4200. Regular Promotion is given on this basis only. 

If the employee has not been given a promotion for 10 years, then, instead of the next Grade Pay of Rs. 2400, he will be given a grade pay hike of Rs. 2000. Instead of Rs. 4200 Grade Pay, he will be given Rs. 2800. This is the reason for all the confusion. 

But, the point to be observed here is that it was granted on the basis of Promotional Hierarchy, introduced by the ACP of the 5th CPC. 

Let us also look at the explanation given by the Government. 

Only those who haven’t received any promotion for 10 years are given promotions or upgradations under MACP.  Pay fixation is done based on 3% increment and the differences between Grade Pay. If the employee gets a regular promotion a month after getting pay fixation, then, the difference in the Grade Pay will be calculated on the basis of his entitlement and given immediately. The intention of the scheme was to remove the anguish of the employees who weren’t given any promotion for more than 10 years.

Source:http://90paisa.blogspot.in/2014/04/macp-benefits-on-basis-of-promotional.html#more

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Ministry of Defence: Clarification of ACP / MACP to Ordnance Labourers

Ministry of Defence

Department of Defence Production

D(Estt./NG)

Sub: ACP / MACP to labourers – reg.

Reference OFB proposal No.800/ACP/MACP/A/I/551 dated : 23.08.2013

The issues involved on the above subject mentioned above had been examined in consultation with D(Civ), Defence(Finance) and DOP&T, DOP&T in the matter has advised in the following manner :

2. Consequent upon implementation of recommendations of 6th CPC, the posts of Unskilled (Labourers) and Semi Skilled Workers have been merged in PB-1 with GP Rs.1800/- (after imparting training) with designation as Tradesman Mate. In case of Tradesman Mate who had completed 30 years of service as on 01.09.2008, would be entitled for financial benefit under MACPS. Hence the following categories of employees are eligible for financial upgradation under ACP/MACPS :

(i) Employees completing 12 years of service upto 31.08.2008 – 1st ACP in GP Rs.1900/-

(ii) Employees completing 24 years of service upto 31.08.2008 – 2nd ACP in GP Rs.2400/-,

(iii) Employees completing 30 years of service as on 31.08.2008 – 3rd MACP in GP Rs.2800/-.

3. The posts of Unskilled (labourers) and Semi-skilled workers which are placed in the Grade Pay of Rs.1800/- have been merged to the post of Tradesman Mate. Para 5 of MACPS provides for ignoring of promotions earned/upgradations granted under ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts as a part of the 6th CPC recommendations, Guidelines with regard to grant of financial upgrdations under MACPS, Including that of para 5 of Annexure-1 of MACPS with regard to ignoring of past promotions ACPs granted in the pre-revised pay scales which are now merged in to the same GP, are effective from 01.09.2008 only. Accordingly, thre is no question of grant of 1st ACP to employees completing 12 years of service upto 31.08.2008 in the GP of Rs.1900/- and 2nd ACP on completion of 24 years of service upto 31.08.2008 in the GP Rs.2400/-.

4. So fare as the case of grant of 3rd MACPS benefits to the employees at category (iii) at para 2 above, it may be stated that ACP Scheme has been replaced by MACPS w.e.f.01.09.2008. Fulfillment of prescribed promotional norms including passing of Trade Test has been dispensed with for grant of financial upgradations under MACPS, In consultation with DOE, as MACPS upgradations are granted in the hierarchy of Grade Pay as prescribed in the CCS(RP) Rules, 2008, instead of promotional hierarchy. However, “Benchmark” as prescribed in para 17 of MACPs is mandatory.

5. Thus, para 4 above amply clarifies that for grant of MACPS upgradations which come into effect from 01.09.2008, passing of Trade Test is not mandatory.

6. OFB may take note that of the above clarification given by DOP&T in the matter to deal with all such cases relating to grant of ACP/MACP benefits to the eligible Labourers/Workers.

Sd/-

(Amaian Das)

Under Secretary.

Source:http://indwf.blogspot.in/

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Clarification regarding Grant of second MACP to CPWD employees.

MOST IMMEDIATE

No. 8/1/2012-EC-X
GOVERNMENT OF INDIA
DIRECTORATE GENERAL
CENTRAL P.W.D. NIRMAN BHAWAN

New Delhi, Dated : 12.07.2012

OFFICE MEMORANDUM

Subject : Clarification regarding Grant of IInd MACP after 18 years and IInd MACP after 28 years after the grant of selection grade to the Work-charged staff of CPWD after 8 years of service.

   We have been receiving references from various field units of CPWD/PWD seeking clarification from this Directorate regarding Grant of IInd and IIIrd MACP after the grant of selection grade to the skilled categories of work-charged staff of CPWD on completion of 8 years of service.

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