Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – Implementation of 7th CPC Recommendations

Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – Implementation of 7th CPC Recommendations

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(Railway Board)

S.No.PC-VII/12

No.PC-V/2016/MACPS/1

RBE No.155/2016

New Delhi, dated 19/12/2016

The General Managers

All Indian Railways & PUs

(As per mailing list)

Subject: Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – lmplementation of seventh CPC recommendations.

The Modified Assured Career Progression Scheme was introduced with effect from 01.09.2008 in pursuance of the recommendations of the Sixth Pay Commission by this Ministry’s letter No.PC-V/2009/ACP/2, dated 10.06.2009 (RBE No.101/2009). Thereafter, subsequent amendments/clarifications were issued from time to time. These instructions are in force with effect from 01.09.2008.

2.The 7th Central Pay Commission (CPC) in para 5.1.44 of its report has recommended inter-alia as follows:

“MACP will continue to be administered at 10, 20 and 30 years as before. In the new Pay Matrix, the employee will move to immediate next level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the Pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of Organised Group ‘A’ Services.”

3.The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, the Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years as before. Further, Para 1 and 2 of the existing Scheme (Annexure to this Ministry’s letter No.PC-V/2009/ACP/2, dt.10.06.2009) will be substituted by the following words:-

“1. There shall be three financial upgradations under the MACPS as per 7th CPC recommendations, counted from the direct entry grade on completion of 10, 20 and 30 years services respectively or 10 years of continuous service in the same level in Pay Matrix, whichever is earlier.

2. The MACPS envisage merely placement in the immediate next higher level in the Pay Matrix as given in PART ‘A’ of Schedule of Railway Services (Revised Pay) Rules. 2016. Thus, the level in the Pay Matrix at the time of financial upgradation under the MACPS can, in certain cases be different than what is available in the normal hierarchy at the time of regular promotion in one’s AVC. In such cases, the higher level in the Pay Matrix attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.”

4. The 7th Central Pay Commission (CPC) in Para 5.1.45 of its report has in teralia recommended as follow:-

“Benchmark for performance appraisal for promotion and financial upgradation under MACPS to be enhanced from ‘Good’ to ‘Very Good’.”

5. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, Para 17 of the Scheme (Annexure to Board’s letter No.PC-V/2009/ACP/2, dt. 10.02.2009) shall be substituted by the following words:-

” 17. For grant of financial upgradation under the MACPS, the prescribed benchmark would be ‘Very Good’ for all the posts.”

6. These changes will come into effect from 25th July, 2016, i.e., from the date of resolution notified by Department of Expenditure, Ministry of Finance regarding acceptance of the recommendations of the 7th CPC.

6.1 MACPS where it was due earlier to 25.07.2016, but not decided yet due to Administrative delay, will be decided as per criteria prevalent at that time. Cases that became due on or after 25.07.2016, will be decided as per new criteria. However, Past Cases, decided otherwise, need not be re-opened.

7. The comprehensive MACP Scheme on acceptance of Seventh Central Pay Commission recommendations will be issued separately.

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

9. Hindi version is enclosed.

(Authority: DOP&T’s OM No.350344/3/2015-Estt.(D), dt.28.09.2016)

Sd/-

(N.P.Singh)

Dy.Director,Pay Commission-V

Railway Board

Source: NFIR

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7th CPC on MACP – NFIR Opposes the Benchmark ‘Very Good’

NFIR

National Federation of Indian Railways

3, Chelmsford Road, New Delhi – 110 055

PRESS RELEASE

Reacting to the news item appearing in ‘The Hindu’ of 04th October 2016 relating to the acceptance of the recommendation of 7th Central Pay Commission on Modified Assured Career Progress Scheme (MACPS) and the DoP&T OM dated 27th/28th September 2016, the General Secretary said that while the Government has wrongly accepted the recommendation, at the same time has been spreading wrong news through the media. He said that the Scheme has been existing since 1st September 2008 and is not a new scheme as claimed by the Government.

Dr.Raghavaiah further said that while accepting the 7th CPC recommendations relating to the MACP Scheme for Central Government employees, the Government has totally ignored the agreement reached with the JCM (Staff Side) on 17/07/2012 and 27/07/2012 in the Joint Committee and National Advisory Committee Meetings wherein agreement was reached to maintain the same benchmark as is applicable for filling the vacancies through promotion by selection/non-selection/fitness instead of insisting upon the benchmark ‘Very Good’ recommended by the 6th Central Pay Commission. Thereafter, the DoP&T vide OM dated 01st November 2010 and 04th October 2012 issued necessary instructions for granting MACP to the Central Government employees.

The Federation takes note that the Government while accepting the 7th CPC recommendations relating to financial upgradation under MACP Scheme to its employees has again taken U-turn and had once again fixed the benchmark ‘Very Good’ arbitrarily for granting financial upgradation mainly to deny the legitimate benefit to its employees without any dialogue with JCM (Staff Side) – the machinery setup to deal with the issues of Central Government employees which is totally unjustified.

The Federation strongly opposes the move of the Government for which communications have already been sent by the Federation twice to the Cabinet Secretary on 2nd August and 23rd August 2016 to respect the bilateral agreement reached with the JCM (Staff Side) and restore the decision given vide DoP&T OM dated 01/ll/20l0 and 04/10/2012 without making any change on the settled issue.

The General Secretary, NFIR hopes that the Government would consider the above points and rectify the mistake soon duly restoring the earlier instructions of DoP&T to honor the commitment made to the Staff Side.

04th October 2016

(Dr. M.Raghavaiah)

General Secretary

Source: NFIR

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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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Modified Assured Career Progression (MACP) - 7th CPC Report

Modified Assured Career Progression (MACP):

i. This will continue to be administered at 10, 20 and 30 years as before.

ii. In the new Pay matrix, the employees will move to the immediate next level in the hierarchy.

iii. In the interest of improving performance level, the benchmark for MACP has been recommended to be enhanced from ‘Good’ to ‘Very Good.’

iv. The Commission has proposed withholding of annual increments in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service. (paras 5.1.44-5.1.46)

Withholding Annual Increments of Non-performers after 20 Years

There is a widespread perception that increments as well as upward movement in the hierarchy happen as a matter of course. The perception is that grant of MACP, although subject to the employee attaining the laid down threshold of performance, is taken for granted. This Commission believes that employees who do not meet the laid down performance criterion should not be allowed to earn future annual increments. The Commission is therefore proposing withholding of annual increments in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service.

This will act as a deterrent for complacent and inefficient employees. However, since this is not a penalty, the norms for penal action in disciplinary cases involving withholding increments will not be applicable in such cases. This will be treated as an “efficiency bar”. Additionally, for such employees there could be an option to leave service on similar terms and conditions as prescribed for voluntary retirement.

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MACP Anomalies: Railway Board’s meeting with Federations

Government of India

Ministry of Railway

(Railway Board)

No.2014/E(LR)II/1/4

New Delhi. dated: 19.08.2015

The General Secretary,

All India Railwaymen’s Federation,

4,State Entry Road,

New Delhi-110055

General Secretary,

National Federation of Indian Railwaymen,

3, Chelmsford Road,

New Delhi-110055.

Subject: Grievances of Staff – MACP Anomalies.

Ref.: Board’s letter No. 2013/E(LR)II/1/17 dated 18.02.2014.

In the above connection, a meeting of the Federations with Board (MS and FC) has been fixed for 27.08.2015 at 11.00 hrs. in the Committee Room (Room No. 237). A list of issues to be discussed

2. President and General Secretary of the Federations are requested to kindly make it convenient to attend the above meeting

Yours faithfully,

Sd/-

(Naveen Kumar)

Dy. Director, E(LR)-I

Enclosure to Railway Board’s letter No.2014/E(LR)II/1/4 Dated 19.08.2015

(1) Financial up-gradation under MCPS to the directly Graduate Engineer – 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

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

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

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

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

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

(7) Grant of Financial Up - gradation under MACPS to the staff who are in the same Grade Pay for more than 20 Years.

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

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

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

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

(12) Grant of Transport Allowance to the employees availing the facility of Workmen Trains.

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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Appeal for Contributions on Special Leave Petition in the Matter to MACP

MINISTERIAL STAFF ASSOCIATION

SURVEY OF INDIA (CHQ’s)

C/o GEODETIC & RESEARCH BRANCH DEHRADUN

No.CHQ-01/MSA(2015)

Dated:- 19th January 2015

APPEAL

All the respected Members of Ministerial Staff Association, Survey of India are hereby informed that Special Leave Petition in the Matter to MACP on Promotion Hierarchy has been filed by the Union of India & Others V/s some of the Govt. Servants in the Honourable Supreme Court of India.

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MACP on Hierarchy: Pr. CAT directs to implement the judgement of High Court

Modified Assured Career Progression (MACP) on Promotional Hierarchy:  Hon’ble Principal Central Administrative Tribunal (CAT), New Delhi directs Secretary, Ministry of Urban Development to implement the judgement of Hon’ble Punjab & Haryana High Court in Union of India & others v. Raj Pal & another (CWP No.19387/2011) decided on 19.10.2011 to the applicant within 4 weeks.

Central Administrative Tribunal

Principal Bench, New Delhi

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MACP Upgradation on Promotional Hierarchy to Ministerial Staff

AN APPEAL FOR GRANTING MACP TO THE NEXT PROMOTIONAL HIRERCHY TO THE MINISTERIAL STAFF UNDER FR 9(17) IN SUBORDINATE OFFICES ALSO

The letter received from Shri Pradip Bandyopadhyay, MSME-DI, Kolkata is published hereunder wherein he has raised the issues of Administrative Staff, especially the LDC & UDC, effectively. We are aware that this is the story of the administrative staff of the entire Subordinate Offices.

The successive Pay Commission as well as the Governments has not resolved the issues of the LDC & UDC working the subordinate offices. All our friends are therefore requested to please take up the issue before the 7th CPC in its own importance. Materials/references to be used during the oral evidence are published in this web site.

TKR Pillai

General Secretary

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MACP ON PROMOTIONAL HIERARCHY - JUDGEMENT OF DELHI HIGH COURT WP (C) 3608-2014

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(C) 3608/2014

NATIONAL COUNCIL OF EDUCATIONAL RESEARCH and TRAINING

..... Petitioner

Through: Mr. Anand Nandan, Adv.

versus

OM PRAKASH and ORS ..... Respondents

Through: None.

CORAM: 

HON'BLE MR. JUSTICE S. RAVINDRA BHAT 

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

14.07.2014

The petitioner/NCERT is aggrieved by an order of the Central Administrative Tribunal (hereinafter called ?CAT?) dated 12 March, 2014 whereby the respondents? claim to be placed in the pay scale `9300-34800/- with grade pay of `5400/- was directed to be considered.

The NCERT submits - his counsel argues- that the CAT fell into error in making the impugned directions at the first hearing. It was submitted that the CAT should not have directed the grant of relief once it was brought to its notice that the NCERT, on 26 November, 2013, had consciously considered and rejected the claim of higher pay scale.

The impugned order of the CAT is premised upon the respondents? entitlement to the pay scale claimed by them which, in turn, was based on a judgment of the Punjab and Haryana High Court in CWP 19387/2011. That judgment was not interfered with by the Supreme Court even though SLP (CC) 7467/2013 was preferred. The NCERT?s rejection of the respondents? claim for the higher pay scale appears to be solely based on the absence of any DOPT instructions pursuant to the Punjab High Court?s orders.

Having regard to these circumstances, this Court is of the opinion that since there is no direction to grant pay scale, the NCERT should pass a reasoned order indicating its reasons for denying the pay scale claimed by the respondents. In other words, its reasons cannot merely be absence of DOPT instructions, but have to be more substantial, upon application of mind to the judgments and directions of the Punjab and Haryana High Court, as endorsed by the Supreme Court in its orders.

In view of the above, the impugned order does not call for any interference.

The Writ Petition is accordingly dismissed.

S. RAVINDRA BHAT, J

VIPIN SANGHI, J

JULY 14, 2014

Source:http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=137736&yr=2014

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Implementation of MACP Scheme over Indian Railways-Discrepancies-reg.

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(Railway Board)

No PC-V/2011/M/3/AIRF

New Delhi, dated 01.07.2014

The General Secretary

AIRF

4, State Entry Road,

New Delhi-110055

Sir,

Sub:- Implementation of MACP Scheme over Indian Railways-Discrepancies-reg.

The undersigned is directed to refer to AIRF’s letter No.AIRF/MACP (162), dated 05.05.2014. A copy of each of the references made to DoP&T on the specific issue and their reply is enclosed herewith. Since, DoP&T is the nodal department of Govt. on MACPS, this Ministry cannot deviate from the instructions/clarifications issued by them.

Yours faithfully,

Sd/-

for Secretary/ Railway Board

Government of India

Department of Personnel & Training

Establishment (D)

Reference notes on pre-page.

2. The issue relating to grant of third financial upgradation under MACP Scheme to employees who have completed 20 years of service after earning first promotion has been considered by this Department in consultation with the Department of Expenditure.

3. Specific reference of Ministry of Railways was illustrated as under:

i) Date of joining as JAA (GP Rs. 2800/-) (on DR basis) - 12.11.1984

ii) Date of 1st Promotion as AA --- 08.11.1987

In the above case, as he could not complete 24 years of service as on 31.08.2008, he could not avail 2nd ACP. The employee was allowed 2nd MACP w.e.f. 01.09.2008 and his eligibility for grant of 3rd MACP will be on completion of 30 years of service ie. w.e.f. 12.11.2014.

4. The basic concept of MACP Scheme is to provide 1st, 2nd and 3rd financial upgradations to an employee in consideration of completion of 10/20/30 years of regular service in the same scale/Grade Pay respectively. Regular service for grant of benefits commence from the direct entry grade. The Scheme also provides for grant of financial upgradation whenever a person has spent 10 years continuously in the same grade pay.

5. Even though the illustrations No. (i), (ii) and (iii) of para 28 of the Scheme suggest that while 2nd MACP could be given after overall 18 years and the 3rd one after overall 28 years, the fact remains that in both the cases the crucial 2nd and 3rd MACPS is being given only after the mandatory 10 years residency for the 2nd and 3rd MACP respectively. Thus, the 3rd MACP is intended to be given based on either 10 years from the 2nd MACP/Promotion or 30 years of the overall service. Either of these two conditions needs to be fulfilled. In this case, neither of these is fulfilled. The 2nd MACP is rightly given on 1.9.2008 - the date of effect of the MACPS itself. Now either 10 years from 01.09.2008 or overall 30 years service will need to be fulfilled for grant of the 3rd MACP ie. w.e.f. 12.11.2014. Hence, the proposal of the Ministry of Railways is not found to be covered within the parameters of the MACP Scheme.

6. In view of the above, it is not possible to agree to the proposal for grant of third financial upgradation under MACP Scheme to employees who have completed 20 years of service after earning first promotion as the same involves alteration of the basic concept of the MACP Scheme.

7. This issues with the approval of JS(E). 

Sd/-

(Mukta Goel)

Director (E-I)

Ministry of Railways

Source: AIRF

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Financial upgradation in the next promotional grade Hierarchy under MACP

Shiva Gopal Mishra

Secretary

National Council (Staff Side)

Joint Consultative Machinery

for Central Government Employees

13-C, Ferozshah Road, New Delhi - 110001

No.NC-JCM-2014/MACP

May 16, 2014

The Secretary,

Department of Personnel & Training,

North Block, New Delhi

Sub:- Financial upgradation in the next promotional grade Hierarchy under MACP

Ref:- Your letter No. P-l3025/11/2014-AT dated 4.4.2014

Your letter No. P-26012/5/2011-AT dated 19.8.2013

Dear Sir,

You have granted financial upgradation to Shri Rajpal in the Promotional hierarchy under MACP in compliance of direction of Hon’ble Central Administrative Tribunal Chandigarh Bench dated 31.5.2011 in O.A. No. 1038/CH/2010 Rajpal Vs UOI & Others.

You have treated it as a judgment in personum and not a judgment in rem so far as other employees covered under MACP are concerned.

Your plea is that SLP No. 7967/2013 filed by the Department / Government against the judgment of Hon’ble High Court Chandigarh in C W P No.l938/2011 was discussed on technical grounds and not on merit in this case. The ground wasinsufficient explanation given to condone the delay in refilling the SLP.

In this connection I may bring to your kind notice that Supreme Court in catina ofcases (i. e. G.C. Ghosh Vs UoI [(1992) 19 ATC 94 SC] dated 20.7.98) has ruled that decision taken in one specific case either by the judiciary or the Government should be applied to all identical cases (i.e similarly circumstanced) without forcing other employees to approach the Court of law for identical remedy or relief.

Since whether MACP should be granted to next promotional hierarchy or next grade pay hierarchy is a common issue applicable to all Government employees the decision in the case of Rajpal should be made applicable to all Government employees who are granted financial upgradation under MACP.

Since you have already granted MACP in next promotional hierarchy to Rajpal it has been absolute and has to be implemented in the case of all Government employees who are similarly placed under MACP.

I, therefore, request you to reconsider and suitably modify the MACP Scheme providing for financial upgradation in the promotional hierarchy.

Thanking you, 

Yours faithfully,

Sd/-

(Shiva Gopal Mishra)

Secretary

Source:http://bpms.org.in/documents/macp-5wt6.pdf

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Grant of Second/Third Financial Up gradation under Modified Assured Career Progression Scheme (MACPS) to Assistant Accounts Officers.

Circular

Office of the Principal Controller of Accounts (Fys.)

10A, Shaheed Khudiram Bose Road, Kolkata-700001

FAX/SPEED POST

No : 1071/AN:III/MACP/AAO/Vol: VIII

Dt: 06.05.2014

To

1. All C of F & A (Fys)

2. All Br. A.Os

3. All sections of M.O. including RTC

4. The O I/C, A.O., OFP, Nalanda, Rajgir – 803121

5. The O I/C, A.O., OF(P) KORWA

6. OFB, Finance Division, Kolkata

7. The CIA, 10-A, S K Bose Road, Kolkata

Sub : Grant of Second/Third Financial Up gradation under Modified Assured Career Progression Scheme (MACPS) to Assistant Accounts Officers.

Please furnish names of Assistant Accounts Officers who will be eligible for consideration of second / third financial up gradation under MACPs between 01.10.14 and 31.03.15.

2. It is also requested to furnish LEFT OVER cases, if any.

The name of the eligible individuals may be furnished in the following format

i. Name, Grade & A/C no.

ii. Date of Birth

iii. Date of Appointment with grade

iv. Date of 1st promotion with grade

v. Date of 2nd promotion with grade

vi. Certificate: Discipline, Vigilance (if any criminal case is pending/initiated the same may also please be informed)

vii. Remarks, if any

3. The reply may please be furnished before 15.06.2014. Nil report is also required.

Sd/- 

(R N BHATTACHARYA)

Sr. Accounts Officer (AN)

Source:http://pcafys.gov.in/files/macp%20aao.pdf

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Grant of MACP on Promotional Hierarchy - RTI

MACP ON PROMOTIONAL HIERARCHY-THE GROUNDS GIVEN BY THE GOVERNMENT FOR NOT GRANTING MACP ON PROMOTIONAL HIERARCHY ( AS GRANTED TO SH. RAJ PAL) TO OTHER CENTRAL GOVERNMENT EMPLOYEES IS NOT CONVINCING. THUS THE HON'BLE CAT, PRINCIPLE BENCH ORDER DATED 12/03/2014 FOR GRANTING MACP ON PROMOTIONAL HIERARCHY IS A REJECTION OF THE GOVERNMENT’S VERSION ON THE SUBJECT.

(Copy of the information obtained by Sh. Vithba Gopala Dahekar, Nagpur on this subject is placed below)

-TKR PILLAI

Regd. Post

RTI  Matter/Most Immediate

No. P-13025/11/2014-AT

Government of India

Ministry of Personal, Public Grievances & Pensions

Department of Personal & Training

New Delhi, dated the 4th April, 2014

To

Sh. Vithba Gopala Dahekar

Plot No. 43, Om sai Society

Duttawadi

Post-Lawa, Nagpur

Maharastra-440023

           

Sub: Information under Right to information Act, 2005.

Sir,

Kindly refer to your RRI application dated 01/03/2014 (transferred to the undersigned by the CPIO (Estt. D) DoP&T on 26/-3/2014) and to say that the SLP No. 7467/2013 was filed by the Department against the judgement of the Hon’ble High Court Chandigarh in CWP No. 19387/2011.  The SLP was dismissed on technical grounds and not on merit. The Department decided to implement the order dated 31.05.2011 of CAT Chandigarh Bench for grant of financial upgradation in the promotional hierarchy under MACP to Shri Rajpal on personal basis not to be treated as a precedent. A copy of the Department\s letter No. 26012/5/2011-AT dated 19/08/2013 issued in this regard is enclosed. You have not indicated details of the matter of OA No. 914/2012. However the same does not appears to be related to any employee of CAT and therefore is not being dealt with in AT Division.

2. The issue concerning policy on ACP and MACP scheme for the Central Government Employees are being handled in Estt (D) section of the Department. CPIO (Estt. D) DoP&T has already sent a reply to the applicant vide letter No. 41011/3/2014-Estt. (DF)/01309 dated 26/03/201.

3. The first appellate Authority in respect of the information furnished above is Shri A. Asholi Chalai, Director (AT), Department of Personal & Training, Room No. 2080 A, North Block New Delhi.

Encl:   As above

Yours Sincerely

Sd/

(D.D. Maheswari)

Under Secretary to the Government of India

& CPIO (AT)

Tel No.  23094142

MOST IMMEDIATE

COURT CASE

No. P-26012/5/2011-AT

Government of India

Ministry of Personal, Public Grievances & Pensions

Department of Personal & Training

New Delhi, dated the 19th August, 2013

To

The Registrar

Central Administrative Tribunal

Principal Bench

61/35, Copernicus Marg

New Delhi-110001

Subject:  OA No. 1038/CH/2010-Raj Pal Vs UOI & Ors.

Madam,

I am directed to refer CAT’s letter No.  PB/4/36/2010-R dated 23/05/2013 on the subject cited above and to say that matter was examined in consultation with Ministry of Law & Justice and the Establishment Division of the Department.  It has been decided to implement the CAT’s Chandigarh Bench’s order dated 31.05.2011 in the subject OA absolutely.

2. Since the special leave petition (SLP) filed against subject OA was dismissed on the ground of in-sufficient explanation given to condone the delay in re-filing the SLP and not on merit, this order of granting of financial up-gradation in the promotional hierarchy under MACP to Sh. Raj Pal is personal to him and will not be treated as a precedent.

Sd/

(D.D. Maheswari)

Under Secretary to the Government of India

Tel No.  23094142

Source:http://aiamshq.blogspot.in/2014/05/gtant-of-macp-on-hierarchy.html

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7th Pay Commission News: 5th CPC had ACP, 6th CPC had MACP; what does 7th CPC have?

5th CPC had ACP, 6th CPC had MACP; what does 7th CPC have?

Assured Career Progression (ACP) is a boon to employees who have been suffering without promotions for years.

Employees who got their jobs towards the end of 1960s had to face countless hurdles. One of them was the problem with promotions.

There were many who didn't get any promotions for 30 years. Countless others retired without getting a single promotion in their careers.

To put an end to this, all the Federations fought together and made the Government to implement the ACP (Assured Career Progression) promotion scheme. It enabled the employees, who didn't get any promotion for 12 and 24 years, to get one or two promotions respectively. A number of employees benefited from this.

These promotions were given to the employees based on their ‘Promotional Hierarchy’. This was introduced in the 5th CPC and continued to be enforced until 31.08.2008.

In the 6th CPC, MACP was introduced instead of ACP. Though both were almost the same, there were some differences. These differences created a lot of confusions.

The special feature of MACP was that instead of 12 and 24 years, it ordered promotions for employees who weren't given any career advancements in 10, 20 and 30 years.

The promotions given under MACP were not in accordance to the ‘Promotional Hierarchy’. Instead, they followed the ‘Grade Pay Hierarchy’. This was the biggest drawback of MACP.

Getting promotions for a raise of Rs 100 or 200 remained unacceptable for many. Finally, one could say that MACP earned the anomaly of being dragged to the court the most number of times.

This is also one of the features that are creating the most expectations this time. Let us wait and see what changes the 7th CPC makes in this.

Source:http://90paisa.blogspot.in/2014/04/5th-cpc-had-acp-6th-cpc-had-macp-what.html

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Grant of MACP benefit to the eligible employees in the hierarchy of promotional grade: BPMS

BHARATIYA PRATIRAKSHA MAZDOOR SANGH

(AN ALL INDIA FEDERATION OF DEFENCE WORKERS) 

(AN INDUSTRIAL UNIT OF B.M.S.) 

(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA) 

REF: BPMS / MACPS / 64 (7/3/M)

 Dated: 31.03.2014 

To, 

The Secretary, 

Govt of India, Min of Defence, 

South Block, DHQ PO, 

New Delhi - 110011 

Subject: Grant of MACP benefit to the eligible employees in the hierarchy of promotional grade: Compliance of CAT Principal Bench Directive on 12.03.2014 in OA No. 864/2014. 

Respected Sir, 

 With due regards, I would like to draw your kind attention on the subject wherein the issue of grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay is being demanded & discussed by this Federation at every forum. 

 It has now been brought to our notice that an affected employee had challenged the Government’s decision on grant of MACP benefit in the hierarchy of promotional grade vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the prayer of the petitioner and directed the authorities to grant MACP benefit in the hierarchy of promotional grade. Thereafter, the Union of India represented by the Secretary, DoP&T appealed to the Hon’ble High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal of the DoP&T was subsequently dismissed vide order dated 19.10.2011. The Government thereafter approached the Hon’ble Supreme Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the said SLP. 

Recently, CAT Principal Bench has issued direction on 12.03.2014 in OA No. 864/2014 that once an order has been passed by this tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. 

In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only. 

As such, you are requested to kindly issue necessary directives to all units under your jurisdiction to implement the same immediately. 

Thanking you. 

Sincerely yours

Sd/-

(MUKESH SINGH)

Secretary

Source:http://bpms.org.in/documents/macps-s2od.pdf

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Revised Pay Structure of the common category posts of Pharmacist cadre & Admissibility of Grade pays under MACP Scheme.

File No.4-7/ (MACPS)/ 2009-PCC

Ministry of Communications & IT

Government of India

Department of Posts

Pay Commission Cell

Dak Bhawan, Sansad Marg,

New Delhi-110001

Dated, 24 Dec 2013.

To,
All Head of Circles,
All Postmaster Generals,
All Directors of Accounts

Sub; - Revised Pay Structure of the common category posts of Pharmacist cadre & Admissibility of Grade pays under MACP Scheme.

In the light of Ministry of Finance, Department of expenditure, Implementation cell OM No. 1/1/2008-IC dated 18-11-2009 allowing NFSG to the cadre of Pharmacist and in particular DGHS (CGHS-II Section letter no. G. 12011/1/1/2010-CGHS II dated Nil the issue of admissibility of Grade pays under MACPS to the cadre of Pharmacist cadre has been examined in consultation with DOPT. DOPT vide ID NO. 86929/13/CR dated 09-12-2013 has clarified the issue as under;-

"it may be clarified that in term of the provisions of Modified Assured Career Progression Scheme (MACPS), three financial upgradations in the Grade Pay hierarchy of Grade Pays as notified in the CCS (RP) rules, 2008 are allowed on completion of 10, 20 & 30 years of regular service counted from the direct entry grade. In terms of Para-8.1 of the scheme, financial upgradations including that of non-functional grades granted have to be treated as an offset against one financial upgradation under the scheme. Accordingly, entitlement for grant of MACPS to Pharmacist in the GP of PB-1 Rs. 2800/- is PB-2 Rs. 4200/-(1st MACP), PB-2 GP RS. 4600/-(2nd MACP) and PB-2 Rs. 4800/- (3rd MACP),Entitlements mentioned vide DGHS order bearing No. G 12011/1/2010-CGHSII is not in consonance with the provisions of the MACPS”.

2. Contents of this letter may please be circulated to all concerned.

Sd/-

(Surender Kumar)

Assistant Director General (GDS/PCC)

Source:http://www.aipeup3chq.com/2014/02/pharmacist-cadre-admissibility-of-grade.html

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ALLOWING INDIVIDUAL OPTION TO CHOOSE EITHER ACPS OR MACPS BY THE EMPLOYEES-REGARDING

Ministry of Urban Development
Nirman Bhavan, New Delhi-1101

Secretary to the Government of India

D.O. No. 55/4/2-13-S&D

Dated 13-08-13

Dear Dr.Sayamal,

   Issue of redressal of anomalous and disadvantageous provisions of MACPS for the Subordinate Engineering cadre and similarly placed cadres of CPWD has been taken up with DoPT through several proposals since Me very inception of the scheme but none of the proposals has found favour. This has resulted in great discontent to the Subordinate Engineering cadre of CPWD.

   Above issue was also discussed with you informally on 1.8.2013. It was apprised that individual option to choose either earlier ACPS or MACPS by the employee is the only solution to cater to the concerns of all individuals. A proposal of this Ministry in this regard under consideration in DoPT.

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Implementation of Modified Assured Career Progression Scheme (MACPS) to the cadre of Junior Engineers of CPWD.

GOVERNMENT OF INDIA
Ministry of Urban Development
Central Public Works Department

No.55/4/2006-S&D/897

Date 11th Nov 2013

OFFICE MEMORANDUM

Subject: Implementation of Modified Assured Career Progression Scheme (MACPS) to the cadre of Junior Engineers of CPWD.

   Reference is invited to this Directorate OM of even No. 1576 dated 9.11.2010, vide which the implementation of the MACPS to the cadre of the Junior Engineers /Assistant Engineers / Adhoc Executive Engineers was kept on hold.

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Grant of financial upgradation to Pharmacists treating Grade Pay of Rs. 4200/PB-2 as their entry grade for MACPS purposes.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

No PC-V/2011/M/4/NFIR

New Delhi, dated 25-09-2013

The General Secretary
NFIR
3, Chelmsford Road,
New Delhi-I 10055

Sir,

Sub:- Grant of financial upgradation to Pharmacists treating Grade Pay of ` 4200/PB-2 as their entry grade for MACPS purposes.

   The undersigned is directed to refer to NFIR’s letter No. IV/NFIR/MACPS/09/Pt.7, dated 27.08.2013 and to state based on recommendations of 6th CPC Grade Pay of ` 2800/PB-1 has been allowed for the recruitment grade (entry grade) of Pharmacists category. Subsequently on recommendations of Fast Track Committee, Government decided to place them in Grade Pay of ` 4200/PB-2 on completion of 2 years service in the entry grade of Grade Pay ` 2800/PB-1.

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