A complete reference blog for Indian Government Employees

Showing posts with label Hierarchy. Show all posts
Showing posts with label Hierarchy. Show all posts

Wednesday, 23 October 2019

MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

MACP DoPT Orders 2019

No.35034/3/2015-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi -110001
Dated the 22nd October, 2019

OFFICE MEMORANDUM

SUBJECT:- CONSOLIDATED GUIDELINES REGARDING MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.

The Seventh Central Pay Commission in Para 5.1.44 of its report, recommended that Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years as before. In the new Pay matrix, the employees will move to the immediate next Level in the hierarchy. As per the recommendations, the Scheme will be available to all posts, including Group “A” posts, whether isolated or not. However, Organised Group “A” Services will not be covered under the Scheme. In other words, MACPS will continue to be applicable to all employees up to HAG level, except members of Organised Group ‘A’ Services.

2. The Government has considered the recommendations of the Seventh Central Pay Commission for continuation of MACPS and has accepted the same. The MACPS will continue to be administered at 10, 20 and 30 years as before. Under the Scheme, the employee will move to immediate next Pay Level in the new Pay Matrix.

3. The Scheme shall continue to be applicable to all regularly appointed Group “A”(except officers of the Organised Group “A” Services), “B”, and “C” Central Government Civilian Employees. Casual employees, including those granted ‘temporary status’ and employees appointed in the Government on adhoc or contract basis shall not qualify for benefits under the aforesaid Scheme. The details of the MACP Scheme and conditions for grant of the financial upgradation under the Scheme are given in Annexure-1.

4. A Screening Committee shall be constituted in each Department to consider the case for grant of financial upgradations under the MACP Scheme. The Screening Committee shall consist of a Chairperson and two members. The members of the Committee shall comprise officers holding posts which are at least one level above the level in which the MACP is to be considered and not below the rank of Under Secretary equivalent in the Government. The Chairperson should generally be a level above the members of the Committee.

5. In cases where the Appointing Authority is the President and the Screening Committee is constituted in the Secretariat of the Ministry /Department, then the power to approve the recommendations of the Screening Committee is delegated to the Secretary of such Ministry or Department. In cases where the Appointing Authority is the President and the Screening Committee is constituted in an organization (for e.g., field office, attached/subordinate office, etc), then the power to approve the recommendations of the Screening Committee is delegated to the Head of such organization. In all other cases, the power to approve the recommendations of the Screening Committee shall be with the Appointing Authority.

Also check: MACP guidance as per recommendations of the 7th CPC

6. In order to prevent undue strain on the administrative machinery, the Screening Committee shall follow a time-schedule and meet twice in a financial year. Accordingly, cases maturing during the first-half of a particular financial year (April-September) shall 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 shall process the cases that would be maturing during the second-half of the financial year (October.,.March).

7. In so far as . persons serving in the Indian Audit and Accounts Departments are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

8. Any interpretation/ clarification of doubt as to the scope and meaning of the provisions of the MACP Scheme shall be given by the Department of Personnel and Training (Establishment-D). The MACP Scheme continues to be effective from 01.09.2008.

9. No stepping up of pay in the level would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme.

10. Hindi version will follow.

(A. Bhattacharya)
Deputy Secretary to the Govt. of India
MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES


Annexure-I


O.M. No.35034/3/2015-Estt.(D) dated 2.10.2019

1. There shall be three financial upgradations under the MACPS, 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 envisages merely placement in the immediate next higher level in the hierarchy of the Pay Matrix as given in PART A of Schedule of the CCS (Revised Pay) Rules, 2016. Thus, the level at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive Pay Levels, be lower than what is available at the time of regular promotion. In such cases, the higher level attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

3. The financial upgradations under the MACPS would be admissible up-to level 15 in the Pay Matrix, corresponding to the Higher Administrative Grade (HAG).

Also read: MACP – All about Modified Assured Career Progression Scheme applicable to Central Government Employees after implementation of 7th Pay Commission

4. (i) Benefit of pay fixation available _at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme [as prescribed in Para 13 of CCS(Revised Pay Rules), 2016].

(ii) There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same pay level as granted under MACPS.

(iii) However, at the time of actual promotion if it happens to be in a post carrying higher pay level than what is available under MACPS, then he shall be placed in the level to_ which he is promoted at a cell in the promoted level equal to the figure being drawn by him on account of MACP. If no such cell is available in the level to which promoted, he shall be placed at the next higher cell in that level. The employee may have an option to get this fixation done either on the date of promotion or w.e.f. the date of next increment as per the option to be exercised by him.

5. Promotions earned/upgradation granted under the MACP Scheme in the past to those grades which are in the same Level in the Pay Matrix due to merger of pay scales/upgradations of posts recommended by the Seventh Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS. The benefit of merger will accrue w.e.f. the date of notification of the Recruitment Rules for the relevant post.

6. Fixation of pay on grant of financial upgradation under MACPS on or after 01.01.2016 shall be made as per Rule 13 of CCS (RP) Rules, 2016 issued vide Department of Expenditure notification dated 25th July, 2016 and in terms of provisions contained in DoP&T OM No. 13/02/2017-Estt.(Pay-I) dated 27.07.2017.

6.1 In cases where financial upgradation had been granted to Government Servants in the next higher Grade Pay in the hierarchy of Grade Pays as per the provisions of the MACP Scheme of 19th May, 2009, but whereas as a result of the implementation of Seventh CPC’s recommendations, substantive post held by him in the hierarchy of the cadre has been upgraded by granting a higher Pay Level in such cases the MACP already granted to him prior to 7th CPC shall be refixed in the revised pay structure at the next higher level of Pay Matrix. To illustrate, in the case of Postal Inspector (GP 4200/-) in Department of Posts, who was granted 1st MACP in the Grade. Pay of Rs; 4600/- in PB-2, he will now be granted (grade pay of Rs 4800 in the pay band PB-2) Level 8 of the Pay Matrix consequent upon upgradation of the post of Postal Inspector from GP of Rs. 420,0 to GP of Rs. 4600/Level 7 in the Pay Matrix. However, all the financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of Levels in the Pay Matrix as notified vide CCS (Revised Pay) Rules, 2016.

7. With regard to fixation of his pay on grant of promotion/ financial upgradation under MACP Scheme, a Government servant has an option under FR22 (1) (a) (1) to get his pay fixed in the higher post/ Pay Level either from the date of his promotion/upgradation or from the date of his next increment viz. 1st July or 1st January, subject to provisions in the Scheme.

8. Promotions earned in the post carrying same Pay Level in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

9. ‘Regular service’ for the purposes of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-employment basis. Service rendered on casual, adhoc/ contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in same/another Central Government Department in a post carrying same pay level in the Pay Matrix prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purposes of MACPS only (and not for the regular promotions). However, benefits under the MACPS in such cases shall not be considered till the satisfactory completion of the probation period in the new post.

10. Past service rendered by a Central Government employee in a State Government/Statutory Body/Autonomous body/Public Sector organization, before appointment in the Central Government shall not be counted towards Regular Service.

11. ‘Regular service’ shall include all periods spent on deputation/foreign service, study leave and all other kinds of leave, duly sanctioned by the competent authority.

12. The MACPS shall also be applicable to work charged employees, if their service conditions are comparable with the staff of regular establishment.

13. Existing time-bound promotion scheme, including in-situ promotion scheme, or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees, if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.

14. The MACPS is directly applicable only to Central Government Civilian employees. The Scheme may be extended to employees of Central Autonomous/Statutory Bodies under the administrative control of a Ministry/Department subject to fulfillment of conditions prescribed in DOPT’s OM No. 35034/3/2010-Estt.(D) dated 03.08.2010.

15. If a financial upgradation under the MACPS is deferred and not allowed after 10 years ina level, due to the reason of the employees being unfit or due to departmental proceedings, etc., this would have consequential effect on the subsequent financial upgradation which would also get deferred to the extent of delay in grant of first financial upgradation.

16. On grant of financial upgradation under the Scheme, there shall be no change in the designation, classification or higher status. However, financial and certain other benefits which are linked to the pay drawn by an employee such as HBA, allotment of Government accommodation shall be permitted.

17 (i). For grant of financial upgradation under the MACP Scheme, the prescribed Benchmark shall be ‘Very Good’, for all levels. This shall be effective for upgradations under MACPS falling due on or after 25.07.2016 and the revised benchmark shall be applicable for the APARs for the year 2016-17 and subsequent years.

17(ii). While assessing the suitability of an employee for grant of MACP, the Departmental Screening Committee (DSC) shall assess the APARs in the reckoning period. The benchmark for the APARs for the years 2016-17 and thereafter shall be ‘Very Good’. The benchmark for the years 2015-16 and earlier years• shall continue be as per the MACP guidelines issued vide DoPT O.M. dated 19.05.2009:

    “The financial upgradation would be non-functional basis subject to fitness in the hierarchy of grade pay within the PB-I. Thereafter for upgradation under the MACPS the benchmark of ‘good’ would be applicable till the grade pay of Rs. 6600/- in PB-3. The benchmark will be ‘Very Good’ for financial upgradation to the grade pay of Rs. 7600 and above.”

For example, if a particular MACP falls due on or after 25.07.2016, the following benchmarks for APARs are applicable:


APAR for the yearBenchmark grading for MACP for Level 11 and belowBenchmark grading for MACP for Level 12 and above
2013-14 and earlier yearsGoodVery Good
2014-15GoodVery Good
2015-16GoodVery Good
2016-17Very GoodVery Good
2017-18 and subsequent yearsVery GoodVery Good

18. In the matter of disciplinary/ penalty proceedings, grant of benefit under the MACPS shall be subject to rules governing normal promotion. Such cases shall, therefore, be regulated under the provisions of the CCS (CCA) Rules, 1965 and instructions issued thereunder.

19. The MACPS contemplates merely placement on personal basis in the immediate higher Pay Level /grant of financial benefits only and shall riot amount to actual/functional promotion of the employees concerned. Therefore, no•reservation orders/roster shall apply to the MACPS, which shall extend its benefits uniformly to all eligible SC/ST employees also. However, the rules of reservation in promotion shall be ensured at the time of regular promotion. For this reason, it shall not be mandatory to associate members of SC/ST in the Screening Committee meant to consider cases for grant of financial upgradation under the Scheme.

20. Financial upgradation under the MACPS shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employee in the grade has got higher pay/ Level under the MACPS. However, in cases where a senior Government servant granted MACP to a higher Grade Pay before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is granted MACP to the higher Level on or after the rst day of January, 2016, the pay of senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for hisjunior in that higher post and such stepping up shall be done with effect from the date of MACP of the junior Government servant subject to the fulfillment of the following conditions, namely:-

    (a) both the junior and the senior Government servants belong to the same cadre and they are in the same pay Level on grant of MACP;

    (b) the existing pay structure and the revised pay structure of the lower and higher posts inwhich they are entitled to draw pay are ientical;

    (c) the senior Government servants at the time of grant of MACP are drawing equal or more pay than the junior;

    (d) the anomaly is directly as a result o.f the application of the provisions of Fundamental Rule 22 or any other rule or order regulating pay fixation on such grant of MACP in the revised pay structure:

    Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub rule shall not be invoked to step up the pay of the senior officer.


21. Pay drawn in the level of Pay Matrix under the MACPS shall be taken as the basis for determining the terminal benefits in respect of the retiring employee.

22. In case an employee is declared surplus in his /her organisation and appointed in the same pay-scale or lower scale of pay in the new organization, the regular service rendered by him/ her in the previous organisation shall be counted towards the regular service in his/her new organisation for the purpose of giving financial upgradation under the MACPS.

23. In case of transfer ‘including unilateral transfer on request’, regular service rendered in previous organisation /office shall be counted alongwith the regular service in the new organisation /office for the purpose of getting financial upgradations under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher Pay Level in the Pay Matrix as given in CCS (Revised Pay) Rules, 2016. Wherever an official, in accordance with terms and conditions of transfer on own volition to a lower post, is reverted to the lower Post/ Grade from the promoted Post/ Pay Level before being relieved for the new organisation/office, such past promotion in the previous organisation/ office will be ignored for the purpose of MACPS in the new organisation/office.

24. If a regular promotion has been offered but was refused by the employee befote becoming entitled to an upgradation under the scheme, no financial upgradation shall be allowed as the employee has not 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 withdrw 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 in such case, the second or next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal of promotion.

25. Cases of persons holding higher posts purely on adhoc basis shall also be considered by the Screening• Committee alongwith others. They may be allowed the benefit of financial upgradation on reversion to the lower post

26. Employees on deputation need not revert to the parent Department for availing the benefit of financial upgradation under the MACPS. They may exercise a fresh option to either draw pay in the level of Pay Matrix attached to the post held by them on deputation or the pay in the pay level admissible to them under the MACPS, whichever is beneficial. In case, the employee opts to draw pay in the pay level admissible to him/her under the MACPS, the.deputation (duty) allowance shall be regulated in terms of the instructions issued by DoPT vide O.M. No.2/11/2017-Estt.(Pay II) dated 24.11.2017, as amended from time to time.

27. Illustrations

A. (i) If a Government servant in Level 2 gets his first regular promotion in the Level 4 on completion of 8.years of service and then continues in the Level for further 10 years without any promotion then he would be eligible for 2nd financial upgradation under the MACPS in the Level 5 after completion of 18 years (8+10years).

(ii) (a) In case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the Level 6 on completion of further 10 years of service i.e. after 28 years (8+10+10).

(ii) (b) However, if he gets 2nd promotion after 5 years of further service to the grade say in the Level 7 [i.e. on completion of 23 years (8+ 10+5years)], then he would get 3rd financial upgradation in Level 8 after completion of 30 years.

(iii) (a) If he gets 2nd promotion before 20th year (say 19th year), then he gets 3rd MACP, at the end of 29th year, (i.e. 10 years from 2nd promotion) provided he does not get 3rd promotion.

(iii) (b) If he gets 2nd promotion after 20th year (say in 23rd year), and there is no 3rd promotion before 30 years, then he may be allowed 3rd MACP at the end of 30 years.

B. If a Government servant in Level 2 is granted 1st financial upgradation under the MACPS on completion of 10 years of service in the Level 3 and 5 years later he gets 1st regular promotion in Level 4, the 2nd financial upgradation under MACPS (in the next level w.r.t. level held by Government servant) will be granted in Level 5 on completion of 20 years of service. On completion of 30 years of service, he will get 3rd MACP in the Level 6. However, if two promotions are earned before completion of 20 years, only 3rd financial upgradation would be admissible on completion of 10 years of service in Level from the date 2nd promotion or at 30th year of service, whichever is earlier

C. If a Government servant has been granted either two regular promotions or 2nd financial upgradation under the ACP Scheme of August, 1999 after completion of 24 years of regular service then only 3rd financial upgradation would be admissible to him under the MACPS on completion of 30 years of service provided that he has not earned third promotion in the hierarchy.

Deputy Secretary

Source: DoPT
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Tuesday, 13 October 2015

Outcome of MACP anomalies meeting held between the Railway Board and the Federations on 12th October 2015.


Outcome of MACP anomalies meeting held between the Railway Board and the Federations on 12th October 2015.

N F I R
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,
(Dr. M. Raghavaiah)
General Secretary
Source: NFIR
[https://drive.google.com/file/d/0B40Q65NF2_7UeHVvTUV1YVJmUUE/view]
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Thursday, 27 November 2014

MACP on Promotial Hierarchy - Organisational/Financial support to defend the SLP

MACP on Promotial Hierarchy - Organisational/Financial support to defend the SLP

MACP ON PROMOTIONAL HIERARCHY- ORGANISATIONAL/ FINANCIAL SUPPORT TO DEFEND THE SLP-REGARDING

The extended meeting of the Steering Committee of MACP on Promotional Hierarchy held on 15/11/2014 has decided to write letters to all Gazetted Non Gazetted Employees’ Federations/Associations of all Ministries, seeking organizational/financial support in defence of the SLP against granting of MACP on promotional hierarchy, filed by the Central Government.

But we could not reach several of the Staff Associations/Federations, face MACP problems due to non availability of proper contact address/e-mail id/telephone number.

A letter inviting all Officers/Staff Associations who are not in contact of this steering committee is given below: All Federations/Associations are requested to send their contact address/telephone number/e-mail id etc immediately so that their name may also be incorporated in the list of steering committee. All Associations/readers are requested to co-operate.


-TKR Pillai
Convener
Mob No. 09425372172
e-mail: aiams08@gmail.com


STEERING COMMITTEE-
MACP ON PROMOTIONAL HIERARCHY
C/o All India CPWD Engineers Association,
Room No. B-003, Indra Prastha Bhawan,
ITO, New Delhi, dated 23/11/2014
e-mail: pillai_tkr@rediffmail.com,aiams08@gmail.com

To,

            The President/General Secretary,
            All India Officers/Staff Associations affected with MACP

    Sub:    Defeating the illogical and anti employee MACP scheme in the Supreme Court- seeking co operation of the all Federations/Associations-regarding.


Dear sir,

You are aware that various benches of the Central Administrative Tribunals and High courts pronounced verdicts in favour of financial upgradation under MACP Scheme on Promotional hierarchy on the petitions of Central Government Employees in various Departments. In the Principle Bench of CAT itself, more than half dozen cases have been decided in favour of granting financial upgradation under MACP Scheme on promotional hierarchy. But the Government of India has not implemented these orders citing one or other reasons. Moreover, Government has filed 4 SLPs against these verdicts in respect of the applicants, namely, Shri V Mohanan Nair of CAT Ernakulam, Shri Babu Ram, Smt Reeta Devi and Shri Dhirender Singh of CAT Chandigarh, at Supreme Court. Since the outcome of the SLP filed will affect all Central Government Employees, a steering committee consisting of representatives of Gazetted/Non Gazetted Staff of various Departments of Government of India was constituted on 25/09/2014. Thereafter two meetings of the steering committee were held on 27th September and 2nd October 2014 in which decision for intervening in the SLP filed in the Supreme Court was taken.

In order to expand the activities of the steering committee, an extended meeting of the committee was convened at Indra Prastha Bhawan, New Delhi on 15/11/2014 in which 55 persons representing 30 Associations of various Ministries participated. Moreover, around 10 Associations whose representatives who had not participated in the meeting have assured to abide the decision taken in the meeting, copy of the minutes is posted elsewhere in this web site.

While addressing the meeting Shri SK Vyas, Advisor, Confederation has suggested that MACP is a matter covering all Central Government Employees and as such it will be better if National JCM (Staff side)becomes an intervener of the case and the meeting has accepted the suggestion. Shri Vyas has further suggested that all the Unions/Associations including Unions in the Railways, Defense, Postal and Income tax, Audit & Accounts Association should be asked to give contribution to meet the legal and other expenses of the case. Accordingly, the meeting decided to send letters to all major Federations/Associations as well the Secretary JCM (Staff Side).

According to Supreme Court web site posting, the SLP of Shri Mohanan Nair is listed for hearing on 08th January 2015 and all the other three SLPs have been connected with this case. The extended meeting of the steering committee unanimously decided to engage lawyers to intervene in the SLP.The committee has decided to collect Rs. 15 lakhs to meet the immediate expenses in connection with intervention in the case etc. It was also decided to prepare a list of Federations/Associations from whom the contribution has to be collected.

In view of the above, this steering committee seeks your support both organizationally and financially to strengthen the united efforts to get a favourable verdict from the Supreme Court through legal means.

I, on behalf of the Steering Committee, request you to kindly extend your helping hand so that we may be able to defeat the illogical and anti employee MACP scheme in Supreme Court.
Please send a two line letter in confirmation of receipt of this letter.


Yours Sincerely

(TKR Pillai)
Convener
Mob: 09425372172


Source: http://aiamshq.blogspot.in/2014/11/macp-on-promotional-hierarchy-financial.html
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Friday, 14 November 2014

MACP on Hierarchy: DoPT’s clarification in view of Tribunal/Court Judgement through Railway Board

MACP on Hierarchy: DoPT’s clarification in view of Tribunal/Court Judgement through Railway Board

Railway Board has cited the DoP&T advice in the matter of grant of 3rd financial upgradation on promotion hierarchy under MACP Scheme on the reference made by AIRF:-

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)
No PC-V/2011/M/3/AIRF
New Delhi, dated 13.11.2014
The General Secretary
AIRF
4, State Entry Road,
New Delhi-110055

Sir,
Sub:- 3rd financial upgradation under MACP Scheme.

The undersigned is directed to refer to AlRF’s letter No.AlRF/MACP/2014 (302), dated 07.10.2014 and to state the matter has already been consulted with DoP&T, the nodal department of Govt. on MACPS, and they have advised as under:

As regards the Order dated 31.05.2011 in CA No. 1038/CH/2010 (Raj Pal vs UOI) of Hon’ble CAT, Chandigarh which was upheld by the High Court and Apex Court, it may be stated that the Apex Court has not considered the issue on merit. The said SLP was dismissed due to insufficient explanation to condone the delay in the filing of the SLP. As regards implementation of CAT Order dated 9.5.2012 in GA No. 141/2012, the administrative Department was advised for implementation for the petitioners only subject to outcome of Review Petition in view of Contempt case. It may also be stated that generally the judgments passed by Hon’ble Tribunals/Courts are applicable/implemented to the specific case, unless there is any direction for similar dispensation to be extended to similarly placed persons. Hence, the above Orders pronounced favoring the applicants by the Tribunal/Courts and implemented on attaining finality or due to contempt or due to any other reason may be taken as exceptions/aberration.

In the matter, DOP&T have advised to maintain status quo with regard to the provisions for grant of MACPS benefits. It may be clarified that financial upgradations under MACPS would continue to be granted in the successive grade pay in the hierarchy of recommended revised pay band and grade pay as given in Section 1, Part-a of the first Schedule of the Railway Services (Revised Pay), Rules, 2008 and not in the promotional hierarchy, where functional promotion are allowed in the same Grade Pay, MACP benefits would also be regulated in the Grade Pay only.

Since, DoP&T is the nodal department on MACP Scheme and financial upgradation under the Scheme are regulated as per instructions/clarifications issued by them from time to time. In view of the above, it is not feasible to deviate from the instructions issued by the nodal deptt. on the subject viz. DoP&T.
Yours faithfully,
sd/-
for Secretary/Railway
Source: www.airfindia.com
[http://www.airfindia.com/Orders%202014/Grant%20of%203rd%20financial%20upgradation%20under%20MACPS.pdf]
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Sunday, 1 December 2013

AIRF writes to Railway Board for not implementing the decision of Hon'ble Supreme Court in respect of 3rd MACP to accounts staff

AIRF writes to Railway Board for not implementing the decision of Hon'ble Supreme Court in respect of 3rd MACP to accounts staff

 AIRF
All India Railwaymen's Fedaration
No.AIRF/227(213)
Dated: October 30, 2013
The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Implementation of the judgment of the Hon'able Supreme Court

Ref: (i) AIRF's letter No.AIRF/227(213) dated 26.08.2013
(ii) Board's letter No.PC-V/2011/M/3/AIRF dated 07.10.2013

Apropos above, the reply of the Railway Board, contained in their letter under reference, is highly disappointing and unacceptable to us. Mere reiteration of Board's earlier letter cannot justify the stand of the administration, as the Hon'ble Supreme Court dismissed the Special Leave Petition filed by the administration. The apex court held in the said judgment that, if any restructuring of posts takes place, it does not amount to promotion. Accordingly, the office of the FA&CAO/S&W/PER/SR vide Memorandum P.535/S&W/PER/ADMN/FIX/MACP dated 17.09.2012 accorded financial upgradation of Grade Pay of Rs.5400 to Shri V. Venkataraman, Accounts Assistant/FA&CAO/S&VV/ PER/SR. This clearly indicates that the upgradation from Jr. Accounts Asstt. to Accounts Asstt. in terms of restructuring of the posts in the ratio of 20:80 does not amount to promotion.

According to Article 141 of the Constitution of India, policy decision, delivered on the particular subject by the Hon'ble Supreme Court of India, is binding upon the Government of India.

The Board are, therefore, again urged to re-examine the issue In the light of the facts appraised above and grant the benefit of the 31d MACP(GP Rs.5400) to all the eligible Supervisory Staff whose initial appointment was CG-II/Accounts Clerk.

An early action in the matter shall be highly appreciated.
Yours faithfully,
 sd/-
(Shiva Gopal Mishra)
General Secretary
Source: AIRF
[http://www.airfindia.com/AIRF%202013/Implementation%20of%20judgment%20of%20Hon'ble%20SC%20-%20Accounts%20Staff.pdf]
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