Agenda for next meeting of the Standing Committee of the National Council JCM: Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade.

BHARATIYA PRATIRAKSHA MAZDOOR SANGATHAN

(AN ALL INDIA FEDERATION OF DEFENCE WORKERS) 

(AN INDUSTRIAL UNIT OF B.M.S.) 

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

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222 MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in 

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

Dated: 05.05.2014 

To,

Shri Shiva Gopal Mishra,

Secretary, Staff Side,

National Council JCM,

New Delhi. 

Subject: Agenda for next meeting of the Standing Committee of the National Council JCM: Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade.  

Dear Sir,

I have come to know that a meeting of the Standing Committee of the National Council JCM is scheduled to be held on 07.05.2014 under the Chairmanship of Secretary (P). Being a constituent of National Council (JCM) but not of Standing Committee, I would like to submit one of the issues regarding grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay. 

An affected employee had challenged the Government’s decision on the subject 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. In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only. 

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. 

 Further, your attention is invited to Para 126.5 of 5th Central Pay Commission which reads as under: 

Extending judicial decisions in matters of a general nature to all similarly placed employees. - We have observed that frequently, in cases of service litigation involving many similarly placed employees, the benefit of judgement is only extended to those employees who had agitated the matter before the Tribunal/Court. This generates a lot of needless litigation. It also runs contrary to the judgment given by the Full Bench of Central Administrative Tribunal, Bangalore in the case of C.S. Elias Ahmed and others v. UOI & others (O.A. Nos. 451 and 541 of 1991), wherein it was held that the entire class of employees who are similarly situated are required to be given the benefit of the decision whether or not they were parties to the original writ. Incidentally, this principle has been upheld by the Supreme Court in this case as well as in numerous other judgments like G.C. Ghosh v. UOI, [ (1992) 19 ATC 94 (SC) ], dated 20-7-1998; K.I. Shepherd etc. Accordingly, we recommend that decisions taken in one specific case either by the judiciary or the Govt. should be applied to all other identical cases without forcing the other employees to approach the court of law for an identical remedy or relief. We clarify that this decision will apply only in cases where a principle or common issue of general nature applicable to a group or category of Government employees is concerned and not to matters relating to a specific grievance or anomaly of an individual employee. 

Contrary to above, DoP&T has replied (letter No. No. P-26012/5/2011-AT, 19.08.2013 & No. P-13025/11/2014-AT, dated 04.04.2014) under RTI Act that the SLP was dismissed on technical grounds and not on merit, hence, the Department had 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 

The stand taken by DoP&T is a matter of great concern for the trade unions as whether Govt of India wants to add 35 Lakh more court cases filed by each and every Central Government Civilian employees where the courts are already overloaded and several lakhs of litigants are waiting for judgment for decades. 

You may be agree that the JCM Forum has been evolved for promoting harmonious relations and securing the greatest measure of cooperation between the Government, in its capacity as employer, and the general body of its employees in matters of common concern and increasing the efficiency of the public service. Hence, it is our moral and legal responsibility to protect the rights of our fellow members through JCM forum also. 

Therefore, you are requested to add the above agenda point in the meeting and try your level best to prove the worthy of existence of this National Council (JCM) by resolving the issue without further delay and litigations in the interest of employees. 

Thanking you.

 Yours Sincerely 

 SADHU SINGH 

 Member, National Council (JCM) & 

 Organizing Secretary/BPMS 

Source:http://bpms.org.in/documents/macp-3-3r71.pdf

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Anomalies in the MACP Scheme – Stepping up of pay of Sr. Supervisors of Accounts and other departments – Reg.

All India Railwaymen's Federation

No.AIRF/MACPS

                  Dated: November 21, 2012

The Secretary(E),
Railway Board,
New Delhi.

Dear Sir,
Sub: Anomalies in the MACP Scheme – Stepping up of pay of Sr. Supervisors of Accounts and other departments – Reg.

Ref: Railway Board’s I.D. Note No.EC-V/2009/ACP/2/Pt. I dated 13.11.2012 addressed to Director(Estt. I), DoP&T

   It is understood that Railway Board has already made a reference to DoP&T vide I.D. Note number referred to above, based on the agreement arrived in the MACPS Anomalies Committee Meeting held on 27.07.2012 on the issue of stepping up of pay of senior employees/supervisors at par with junior employees/supervised staff who are drawing higher grade pay due to financial upgradation under MACPS.

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MACP JOINT COMMITTEE MEETING AND DECISIONS.

 

   The joint Committee set up by the National Anomaly Committee to consider the MACP related issues met on 27th July, 2012. The Staff Side was represented at the meeting by the following comrades:
 
Com. M. Raghaviah
Com. Umraomal Purohit
Com. S.K. Vyas
Com. C. Srikumar
Com. K.K.N. Kutty
Com. Shivgopal Misra
Com. Bhosle
 
   The report prepared by the sub-committee after three rounds of discussions was reviewed at the meeting. The points that came up for discussion and the decisions taken are as under:-

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Feedback of MACP Joint Committee meeting held on 27.7.2012

Meeting of the Joint Committee on MACPs Anomalies

   As decided in the National Anomaly Committee Meeting held on 17/07/2012, the DOPT held separate meeting with the Leaders of Staff Side at North Block, New Delhi, Room No. 190 on 27/07/2012. Shri.M.Raghavaiah, General Secretary, NFIR has participated in the meeting.

   Discussions were held on following issues:-

1. Grant of MACP in the promotional hierarchy :-
   The staff side insisted that option be given to individual employees in this regard to facilitate  him/her to opt for availing benefit of financial upgradation. After discussion it was agreed to examine in depth for finding solution.

2. Date of effect of MACP Scheme :
   The desirability of giving effect to the MACP Scheme w.e. f. 01.01.2006 will be examined.

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Summary record of discussions held during the third meeting of the Joint Committee on MACPS

MOST IMMEDIATE

NO. 11/1/2010-JCA

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel & Training

(JCA Section)

North Block, New Delhi

Dated the 20th April, 2011

OFFICE MEMORANDUM

Subject: Summary record of discussions held during the third meeting of the Joint Committee on MACPS held on 15th March, 2011 under the Chairpersonship of the Joint Secretary (Estt.) DOPT.

   The undersigned is directed to enclose herewith summary record of discussions held during the Third Meeting of the Joint Committee on MACPS held under the Chairpersonship of the Joint Secretary (Establishment), DOPT on 15th March, 2011 for information and further necessary action.

-sd-

(Dinesh Kapila)

Director (JCA)

SUMMARY RECORD OF DISCUSSIONS HELD DURING THE THIRD MEETING OF THE JOINT COMMITTEE ON MACP’S HELD UNDER THE CHAIRPERSONSHIP OF THE JOINT SECRETARY (ESTABLISHMENT), DOP&T ON 15th MARCH 2011

   1. The third meeting of the Joint Committee constituted to examine the anomalies pertaining to the MACP scheme was held under the Chairmanship of Joint Secretary (Estt.) Department of Personnel & Training on 15th March, 2011. All the members of the Committee were present in the meeting.

   2. The Chairperson welcomed the representatives of the Official Side and the Staff Side and stated that with respected item numbers 13, 21, 27, 28, 32, 38, 44, 50 & 58, suitable instructions had been issued vide this Department’s O.M. dated the 1st November, 2010. She also informed that as per the decision taken in the second meeting of the Joint Committee, vide this Department’s O.M. dated 10th February, 2011, all concerned have been advised to review the cadre structure in a time bound manner with a view to mitigate the problem of stagnation

   3. Thereafter, the agenda items which were still pending were taken up for discussion.

   Item numbers 1,3,8, 9 & 29-Grant of financial upgradation in the promotional hierarchy instead of Grade Pay hierarchy under the MACPS.

   The Staff Side reiterated their demand that the financial upgradations under the MACP Scheme should be granted in the promotional hierarchy of posts instead of the Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendations of the 5th CPC and, as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.

   The Official Side stated that the 6th CPC recommended two financial upgradations in the Grade Pay hierarchy after 12 and 24 years. However, the Government improved upon the recommendations of the 6th CPC and has implemented MACPS with three financial up gradations in the Grade pay hierarchy after 10, 20 & 30 years. Referring to earlier discussions held in the matter, the Official Side stated that the Government was willing to consider revision in para 13 of the MACP Scheme to the effect that organizations I cadres shall have the option to choose either the ACP scheme or MACP Scheme. However, the Staff Side pointed that such a dispensation will not be practical and hence there is a need to explore other alternatives to solve the issue. After discussion, it was agreed that there is no need to change the basic structure of MACP Scheme. However, there is a need to separately examine those cases where MACP Scheme is less advantageous than the ACP Scheme. Accordingly, it was decided that the Official Side will write to the Ministry of Railways, Defence, Urban Development, Home and the Department of Posts to forward information in respect of the specific categories of employees where the MACPS is less advantageous than the erstwhile ACP Scheme The Official Side also requested the Staff Side to collect and forward such information to the Department of Personnel 8 Training for further necessary action. I’n this connection, the Staff Side specifically pointed out the case of Technician category wherein under ACP (w.e.f 1.10.199) the staff got upgradation to Rs.4500- 7000 (V CPC) on completion of 24 years whereas under MACPS they get the same benefit, i.e. Grade Pay of Rs.2800 afler 30 years.

   Item Nos. 2,7,20 8 48-Date of Effect of MACP Scheme

   The Staff Side stated that many employees who retired between 1.1,2006 and 31st August, 2008, have been deprived of the benefits of MACP Scheme and therefore, demanded that the MACP Scheme may be made effective from 1.1.2006. The Official Side stated that the matter was discussed and finalized in the second meeting of the Joint Committee and therefore, there was no reason to reopen the matter. After discussions, it was decided that the matter may be treated as finalised so far as the Joint Committee on MACP IS concerned and if required, the Staff Side may raise this issue in the next meeting of the National Anomaly Committee.

   Item Nos. 57 – Grant of ACP benefit to Artisan Staff of the Ministry of Defence

   The Staff Side stated that consequent upon the recommendations of the Fast Track Committee, the highly skilled Artisan Staff of the Ministry of Defence was bifurcated in two categories, i.e., Highly Skilled -II (with Grade Pay of Rs.2400/-)and Highly Skilled-I (With Grade Pay of Rs.2800/-). The Staff Side contended that this bifurcation, in the first instance, may be treated as placement and not as promotion for the purpose of MACP. The Official Side stated that as per the extant instructions of the Department of Personnel 8 Training, where the whole of a cadre is placed in a higher scale, such placement is not treated as promotion. However, when only a part of a cadre is placed in a higher scale, then such placement is treated as promotion for all purposes including MACPS. The Official Side further stated that even under the erstwhile ACP Scheme similar practice was followed and there is no reason to deviate from that.

   The Staff Side cited a Supreme Court judgment in the case of Union of India Vs V.K. Sirotia reported in 1999 Supreme Court cases (L&S) 938 that where certain percentage of post are granted higher pay scales to seniors in the cadre will be treated as placement and not promotion. The Staff Side also cited the Manual of instructions for restructuring of cadres in 1.A & A.D (para 3.2.8) wherein it has been stated that the Screening Committee in combined Audit & Accounts Offices besides selecting persons for transfer to audit offices will also decide on their placement (& not promotion) against the higher scale posts.

   After prolonged discussions, it was decided that the matter would be re-examined by the Department of Personnel & Training in consultation with the Department of Expenditure.

   Item Nos. 12,30 & 49 – Treatment of employees selected under LDCE Scheme / GDCE Scheme.

   The Staff Side demanded that employees selected under the LDCE Scheme / GDCE Scheme should be treated as a direct recruit and their earlier promotions and services rendered should be ignored for the purpose of MACPS as was being done in the ACP Scheme. The Official Side informed that treatment of such cases would generaly be same in MACP as was in the ACP Scheme. Ministry of Railways would be advised to examine the matter accordingly.

   Item Nos.11.15.22.39.47 & 51- Promotion in the identical Grade Pay

   The Staff Side raised the issue of promotions in the identical grade pay and demanded that in such cases the benefit of one increment should be granted at the time of promotion. ‘The Official Side stated that if regular promotion is to the same grade pay, then MACP would also be granted to the same grade pay. On the issue of whether one increment is to be allowed in such cases, a reference has been received in the Department of Expenditure from Ministry of Railways. Further action in the matter would be taken consequent upon receipt of certain information from Ministry of Railways as called for by the Department of Expenditure.

   4. After discussion on the agenda items, the Staff Side stated that in many instances the provisions of the MACP Scheme were being misinterpreted by various Ministries/ Departments thereby causing financial loss to the employees. The Official Side stated that many Ministries/ Departments had sought various clarifications regarding the provisions of the MACP Scheme which has been given. In addition, many clarificatory Office Memoranda have also been issued by the Department of Personnel & Training to allay the misgivings misunderstandings regarding the Scheme. However, if certain misgiving misunderstandings were still continuing, the respective Ministries/ Departments may be advised to refer the matter to the Department of Personnel & Training for resolution of the same.

   5. In the end, it was decided that the recommendations of the Joint Committee on MACP Scheme along with the action taken report may be discussed in the next -meeting of the National Anomaly Committee.

6. The meeting ended with a vote of thanks to the Chair.

Source: www.persmin.nic.in

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MACP sub committee meeting minutes. 15-03-2011

   The subcommittee constituted by the National Anomaly Committee to go into the anomalies in respect of MACP issues met at New Delhi on 15th Inst. Com. S.K.Vyas, President, Confederation attended the meeting as a member. The following is the outcome of discussion at the meeting.

With greetings,

Yours fraternally,

Sd/-

K.K.N. Kutty

Secretary General

Given below is the Record note on the meeting of Joint Committee on MACP held on 15.03.2011.

   The third meeting of joint committee on MACP was held today i.e 15.03.2011. This meeting was held at the specific request by the Secretary Staff Side, National Council JCM to review the decision taken in the earlier meetings in which all items had been discussed.

Item Nos. 1,3,8,9 and 29: Grant of financial up-gradation in the promotional hierarchy instead of grade pay hierarchy under MACP Scheme 

   The Staff Side pressed this demand on the ground that the ACP 1999 had become a service condition in respect of all those who were in service as on 31st August 2008. The MACP Scheme being less advantageous could not be imposed upon them. They stated that to resolve this anomaly, the first 2 ACPs may be continued in the promotional hierarchy to be granted after 12 and 24 years of service from the date of induction, the third ACP on completion of 30 years service may be in the grade pay hierarchy. The official Side did not agree with this proposal. The Staff Side then pointed out that the introduction of MACP Scheme in grade pay hierarchy 10, 20, 30 years of service from the date of induction will result that certain cadres would be placed in the grade pay which are not sanctioned in the structure of the departments and therefore it can not be treated as career progression at all. The official Side wanted the particulars of those cadres which are going to face this problem, so that they could consider how to overcome such anomalies. The Staff Side agreed to provide the necessary information and departments concerned may also be asked to provide such information.

Item Nos. 2, 10 and 48:

   The Staff Side also pressed for introducing MACP Scheme with effect from 1.1.2006 so that those who did not get any benefit under old ACP could atleast get the MACP scheme benefit before their retirement during the period from 1.1.2006 to 31.8.2008. The Official Side stated that this item has been closed and concluded and can not be allowed to be opened / reviewed. The Staff Side then stated that they would like to raise this issue in the meeting of National Anomaly Committee as the joint Committee on MACP Scheme is sub committee of the National Anomaly Committee. The Official Side stated that this may be raised as afresh item in the National Anomaly Committee. The Staff Side also wanted that the option to choose ACP or MACP should be given to the individual employees and not the Department. The Official Side also did not agree to reopen this issue which has been concluded in the last meeting.

Item No. 57: Ignoring the placement of Artisans of Ministry of Defence from HS grade II to HS grade I for the purpose of MACP Scheme.

   The Staff Side pointed out that this restructuring by keeping 50% of Artisans in the HS grade I and placing 50% in the HS grade II was by way of placement and therefore it could not be treated as promotion. The Staff Side cited Supreme Court ruling to this effect. However the Official Side did not agree with this. The case of restructuring in IA & AD in 1984 and in organized accounts were also cited in which it was clearly stated that those who are in the higher grade would be treated as placement only those who are promoted later on against vacancies would be treated as promotion. The official Side view was that only in those cases where the entire cadre is placed in the higher pay scale it would not be treated as promotion. This matter will also have to be raised in the meeting of National Anomaly Committee.

Items Nos. 11, 15, 22, 39, 47 and 51: Promotion in identical Grade Pay. 

   The decision that the normal promotions are in the same grade pay, they cannot be ignored for purpose off MACP Scheme and the specific cases would be examined separately.

Item Nos. 12, 30 and 49: Employees appointed limited competitive examination from lower to higher post may treated as direct recruits in the higher post ignoring the service in the lower posts.

 The matter is still being considered with reference to old ACP scheme clarification.

Item Nos. 13, 32, 38, 44, 50 and 58: Counting of old service in the new establishments for the purpose off MACP. And Item Nos. 21, 27, and 28: Benchmark for financial up gradation under MACP. 

   Orders have been issued on 1.11.2010.

   It was agreed that action taken statement would be finalized and circulated so that further discussion thereon can take place in the meeting of National Anomaly Committee.

Courtesy;confederationhq.blogspot.com

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