NPS to OPS Contract for Old Pension Scheme – Rajya Sabha

NPS to OPS

Contract for Old Pension Scheme – Rajya Sabha

National Pension System (NPS) was introduced for Central Government employees by a Notification of Ministry of Finance (Department of Economic Affairs) dated 22nd December, 2003. NPS is mandatory for all new recruits to the Central Government service from 1st January, 2004 (except the armed forces). However, in some specific court cases, like WP(C) No. 3834/2013 titled Permanand Yadav Vs. Union of India and WP(C) No. 2810/2016 viz.Rajendra Singh Vs. Union of India, where the selection of candidates had been made before 01.01.2004 but their actual appointment in the Government service could be made on or after 01.01.2004 due to various reasons, on the direction of the Hon’ble High Court of Delhi, the benefit of Old Pension Scheme was allowed to the petitioners.

After considering all the relevant aspects and to extend the benefit to similarly placed Government servants in order to reduce further litigation, the Government has decided, vide an Office Memorandum No. 57/04/2019-P&PW(B) dated 17th February, 2020 of the Department of Pension & Pensioners’ Welfare, that in all cases where the results for recruitment were declared before 01.01.2004 against vacancies occurring on or before 31.12.2003, the candidates declared successful for recruitment shall be eligible for coverage under the Central Civil Services (Pension) Rules, 1972. Accordingly, such Government servants who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies occurring before 01.01.2004 and covered under the National Pension System on joining service on or after 01.01.2004, may be given a one – time option to be covered under the Central Civil Services (Pension) Rules, 1972.

The advertisements issued before the introduction of the National Pension System may or may not have contained a clause regarding the pension scheme applicable to the selected candidates. In its order dated 27.03.2019 in W.P.(C) 10306/2016 – Union of India & others versus Dr. Narayan Rao Battu& another, Hon’ble High Court of Delhi observed that since the new pension scheme was in effect and a policy decision had already been taken to make the said scheme applicable to all incumbents joining government service on or after 01.01.2004, the Respondent, who was appointed on 25.02.2005, cannot claim the right to be covered by the old pension scheme, merely because the vacancy against which he was appointed was initially advertised at a time when the old pension scheme was in force. Hon’ble Court also observed that once the new pension scheme unambiguously and specifically provided that since all incoming office bearers, whose date of appointment is on or after 01.01.2004, would be governed by the new pension scheme, no reference can be made to either the date of vacancy, or the date of advertisement.

In view of the specific provisions of the Notification dated 22.12.2003, the date of advertisement for the vacancies or the date of examination for selection against those vacancies is not considered relevant for determining the eligibility for coverage under the Old Pension Scheme or the National Pension System. There is no proposal to revise the orders issued vide aforesaid Office Memorandum dated 17.02.2020.

This information was given by the Union Minister of State (Independent Charge), Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr Jitendra Singh in a written reply in Rajya Sabha today.

Read More

Revision of 7th CPC Grade Pay Level of the category of Railway Ticket Collector apprentices and trainees on Railways – Railway Board

Revision of 7th CPC Grade Pay Level of the category of Railway Ticket Collector apprentices and trainees on Railways – Railway Board

7th CPC Grade Pay Level Ticket Collector

GOVERNMENT OF INDIA / भारत सरकार
MINISTRY OF RAILWAYS / रेल मंत्रालय
(Railway Board)

RBE No 80/2020

S.No. PC-VII /157
No. PC-V. 2016 PST (Stipend)

New Delhi, dated 16-9-2020

The General Managers
All Indian Railways and Pls
(As per mailing list)

Sub: Revision of rates of stipend to apprentices and trainees on Railways.

Consequent upon revision of Grade Pay Pay Level of the category of Ticket Collector from GP 1900 to GP-2000 Pay Level-3 vide Railway Board’s letter dated 02-8-2016, one of the Federations (AIRF) raised the issue of revision of rates of stipend to Ticket Collector Ticket Examiner. The matter has been considered and it has been decided to revise the rates of stipend of the category of Ticket Collector at S.No. 41. of the Schedule of Board’s letters of even number dated 02.02.2017 and 1 1-9-2018 as under:

S. No.	Category	Training period	Grade Pay in VI CPC Pay Structure (Rs.)	Corresponding Revised Pay Level in the 7th CPC Pay Matrix	Revised rates of stipend in the corresponding Pay Level (Rs.)
41.	Ticket Collector (erstwhile Ticket Examiner)	26 days	2000	3	21700

Railway 7th CPC Pay Matrix

2. The above revised rate of stipend is applicable with effect from 01.08.2016.

Also check : 7th CPC DA Arrears Ready Reckoner Tables for Level-3

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

(Sudha A.Kujur)
Deputy Director/ Pay Commission
Railway Board

Read More

MACP Doubt & Clarification FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

 MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

 MACP Doubt & Clarification FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

1. Doubt: What is modified Career Progression Scheme (MACPS) ?

CLARIFICATION: The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme . Under the MACP Scheme three financial Up-gradations are allowed on completion of 10, 20. 30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part -A of the first schedule of the CCS ( Revised Pay) Rules 2008, in case no ( promotion has been earned by the employee 1 during this period.

2. Doubt: From which date the MACPS is effective?

CLARIFICATION: The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)

3. Doubt: Who are entitled for financial upgradation under the MACPS?

CLARIFICATION: The MACPS is applicable to all Central Government Civilian Employees

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved 

4. Doubt: What norms are required to be fulfilled while granting the benefits under MACPs

CLARIFICATION: The financial upgradation would be on non- 1 functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be ‘Vety Good’ for Financial upgradation to the grade pay of Rs.7600 and above. However, where the Financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 of the Scheme, the benchmark for promotion shall apply to MACP also. OM.N0.35034/312008-Estt(D) dated 01/11/2010

5. Doubt: Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS

CLARIFICATION: Yes. OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010

6. Doubt: Whether the promotions in same grade would be counted for the purpose of MACPS?

CLARIFICATION: The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay , then the same shall be counted for the purpose of MACPS.

7. Doubt: How will the benefits of ACP be granted if due between 01.01.2006 and 31.08.2008

CLARIFICATION: The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS. (OM No.35034/3/2008-Estt.dated 9.9.2010).

8. Doubt: Whether adhoc appointment would be counted towards qualifying service for MACPS

CLARIFICATION: No. Only continuous regular service is counted owards qualifying service for the purpose of MACPS. The regular service shall commence ‘rom the date of joining of a post in direct entry grade on a regular basis. ( Para 9 of the MACPS)

9. Doubt: Whether State Government service shall be reckoned for the purpose of MACPS

CLARIFICATION: No. Only regular service rendered in the Central Government’s Department/ Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)

10. Doubt: What are the periods included in the regular service?

CLARIFICATION: All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. ( Para 11. MACPS)

Also read: Latest clarification on MACP scheme – Financial upgradation, to Junior Cashier promoted from the post of Senior Shroff / JAA / Senior clerk

11. Doubt: How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies.

CLARIFICATION: Procedure prescribed in OM No.35034/3/2010- Estt(D), Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.

12. Doubt: Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?

Yes. Since the benefits of ACPS have been continued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.

13. Doubt: Whether the past continuous regular service in another Govt. Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular  service for the purpose of MACPS.

Yes. ( Para 9, MACPS)

14. Doubt: Upto what grade pay the benefits under the MACPS is allowed?

The benefits of MACPS are being up-to HAG  / scale of Rs.67000-790001. (DOPT’s O.M.No.350341312008-Estt.(D) dated 24.12.2010)

15. Doubt: How the cases of pre- revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 8 Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?

The cases would be regulated in accordance with para 5 of Annexure-l of MACPS. The Ministries/Departments are expected to re. organise cadres and frame common RRs for the post in merged scales.

16. Doubt: Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay 01 Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS.

Yes, in terms of para 8.1 of Annexure-l of MACPS dated 19.05.2009.

17. Doubt: Whether ‘time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS.

No. ( Para 13 of MACPS)

18. Doubt: Whether Staff Car Drivel Scheme can run concurrently with MACPS

DOPT vide O.M. 35011/03/2008-Estt.(D),3010712010 has extended the benefits o MACPS to Staff Car Drivers as a fall bacl option.

19. Doubt: Whether the placement of erstwhile Gr. C employees as Staff Gal Driver, ordinary grade would count as a promotion?

No. The model RRs for Staff Car Drivers providc deputation/ absorption as a method of appointment for erstwhile Gr. D employees . Thc placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.

20. Doubt: Whether designation, classification or higher status would change on account of financial upgradation under MACPS

There shall be no change in designation, classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the scheme is purely personal and merely placement in the next higher grade pay.

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

21. Doubt: If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation.

Yes, this would have consequential effect on the iubsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)

22. Doubt: Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS.

No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS. (Para ’10 of OM dated 19/5/2009)

23. Doubt: Whether the regular service rendered by an employee if declared surplus in hislher organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS.

Yes. (refer para 23 of Annexure-l of MACPS).

24. Doubt: In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS.

Yes. OM No.35034/3/2008-Estt(D) Dated 01/11/2010

25. Doubt: If a regulation has been been offered but was eefused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a government servant.

If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal. ( Para 25 of MACPS)

Read More