Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

Latest MACP orders from DoPT

 

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2016 OF 2020

(Arising out of SLP (C) No.21803 of 2014)

UNION OF INDIA AND OTHERS

…Appellants

VERSUS

M.V. MOHANAN NAIR

…Respondent

WITH

CIVIL APPEAL NO. 2017 OF 2020

(Arising out of SLP(C) No.22181 of 2014)

CIVIL APPEAL NO. 2018 OF 2020

(Arising out of SLP(C) No.23335 of 2014)

CIVIL APPEAL NO. 2019 OF 2020

(Arising out of SLP(C) No.23333 of 2014)

CIVIL APPEAL NO. 2020 OF 2020

(Arising out of SLP(C) No.18227 of 2015)

CIVIL APPEAL NO. 2021 OF 2020

(Arising out of SLP(C) No.31125 of 2016)

CIVIL APPEAL NO. 2022 OF 2020

(Arising out of SLP(C) No.33706 of 2016)

CIVIL APPEAL NO(s). 2044-2045 OF 2020

(Arising out of SLP(C)No(s). 5917-5918 of 2017

@ SLP(C)Diary No.6042 of 2017)

JUDGMENT

BANUMATHI, J.

Leave granted.

2. The instant batch of appeals have been filed assailing the orders of various High Courts dismissing petitions filed by the appellants, thereby upholding decisions rendered by different Benches of Central Administrative Tribunal granting financial upgradation of grade pay in the next promotional hierarchy by placing reliance upon Union of India and others v. Raj Pal and another CWP No.19387 of 2011 dated 19.10.2011. In these batch matters, we are concerned with the question whether MACP Scheme entitles financial upgradation to the next grade pay or to the grade pay of the next promotional hierarchy.

3. In all these appeals, almost all the High Courts have followed the Raj Pal and Ved Prakash’s case and granted relief as prayed for by the Being aggrieved, the appellant- UOI has filed these appeals.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

4. The main questions falling for consideration in these appeals are:-

•     Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme? Whether MACP Scheme envisages grant of financial upgradation in Grade Pay Hierarchy and not in promotional hierarchy?
•     As contended by the respondents, whether MACP scheme is disadvantageous to the employees in comparison to ACP scheme as long as the financial upgradation is granted in hierarchy of grade pay under MACP scheme?
•     Whether respondents are entitled to stepping up of their grade pay to be at par with grade pay of their juniors who were getting the higher grade pay on account of implementation of MACP Scheme?

Appeals relating to Issue No.III were ordered to be de-tagged and listed separately.

5. At the outset, it is to be pointed out that almost all the Tribunals/High Courts have only relied upon Raj Pal’s case for grant of financial upgradation on promotional hierarchy and rejected the stand of the appellant-UOI that under MACP scheme, the employees are entitled to financial upgradation of the next grade pay only. Since the matter was considered on merits and since the issue involves impact on the public ex- chequer and also interest of the staff of various establishments, we requested learned Senior counsel, Mr. Jaideep Gupta to assist the Court as amicus curiae which the learned Senior counsel has readily Mr. Kunal Chatterji, learned counsel has agreed to assist the learned Senior counsel-amicus.

 Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

Assured Career Progression (ACP) Scheme :-

6. The Government of India with a view to “deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues”, introduced the Assured Career Progression (ACP) Scheme with effect from 09.08.1999 vide its Office Memorandum dated 09.08.1999. To mitigate the hardship in cases of acute stagnation in a cadre or in an isolated post, it has been decided to grant two financial upgradations under the ACP Scheme to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 and 24 years of regular service. As per ACP Scheme, isolated post in Group ‘A’, ‘B’, ‘C’ and ‘D’ cadres which have no promotional avenues also qualify for similar benefits. The financial upgradations under the ACP Scheme is placement in the higher Pay Scale and financial benefits in the higher Pay Scale without regular promotion. Under the financial upgradation, grant of financial benefits under the ACP Scheme to the government servants concerned is on personal basis. Such financial upgradation neither amounts to regular promotion nor require creation of new post. Some of the salient features of the ACP Scheme are as follows:-

•     The ACP Scheme envisages merely placement in the higher pay- scale/grant of financial benefits (through financial upgradation) only to the Government servant concerned on personal basis and shall, therefore, neither amount to functional/regular promotion nor would require creation of new posts for the purpose;
•     Under the ACP Scheme, two financial upgradations shall be allowed to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 years and 24 years of his/her regular service. As per para 1 of Annexure-1 – conditions for grant of benefits under the ACP Scheme, it is stipulated that two financial upgradations would be available only if no regular promotion during the prescribed period (12 and 24 years) was granted to an employee. If an employee has already received one regular promotion, he/she would qualify for second ACP only on completion of 24 years of regular service. However, in case if two regular promotions have been received by an employee, no further benefit under the ACP Scheme would accrue in favour of the employee.
•     As per para 1 of the Office Memorandum dated 09.08.1999, the grant of financial upgradations under the ACP Scheme shall be subject to the conditions mentioned in the Annexure-I annexed thereon to the Office Memorandum dated 09.08.1999.

7. Para 8 of the Annexure provides that the financial upgradations shall be purely personal to the employee and would have no relevance to his/her seniority position. In other words, there would be no additional financial upgradations for the senior employee on the ground that the junior employee has got the higher pay scale under the ACP Scheme. Para No.12 of Annexure-I provides that the ACP Scheme contemplates merely placement on personal basis in the higher pay scale/grant of financial benefits only and shall not amount to actual functional promotion of the employees concerned. We may usefully refer to the relevant features of the ACP Scheme as stipulated in Annexure-I to the Office Memorandum dated 09.08.1999-Conditions for Grant of Benefits under the ACP Scheme, which reads as under:-

Conditions for grant of benefits under the ACP Scheme :-

1. The ACP Scheme envisages merely placement in the higher pay-scale/grant of financial benefits (through financial upgradation) only to the Government servant concerned on personal basis and shall, therefore, neither amount to functional/regular promotion nor would require creation of new posts for the purpose;

………

4. The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of the first financial upgradation subject to fulfilment of prescribed conditions. In other words, if the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings, etc. this would have consequential effect on the second upgradation which would also get deferred accordingly;

………

8. The financial upgradation under the ACP Scheme 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 employee on the ground that the junior employee in the grade has got higher pay-scale under the ACP Scheme;

……….

12. The proposed ACP Scheme contemplates merely placement on personal basis in the higher pay-scale/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. Since orders regarding reservation in promotion are applicable only in the case of regular promotion, reservation orders/roster shall not apply to the ACP Scheme which shall extend its benefits uniformly to all eligible SC/ST employees also. However, at the time of regular/functional (actual) promotion, the Cadre Controlling Authorities shall ensure that all reservation orders are applied strictly;

………”

8. ACP Scheme was replaced by Modified Assured Career Progression (MACP) Scheme which became operational with effect from 09.2008. The Sixth Central Pay Commission has recommended the adoption of MACP Scheme primarily to rectify the problems arising from inter-departmental disparities:-

•     ACP Scheme led to creation of certain disparities within the employees in different organisations/departments who were directly recruited in the same pay scale who received different financial upgradations under the ACP Scheme because of existence of different promotional hierarchical structure and different promotional pay scales in different organisations/ departments;
•     Another adverse consequence in the implementation of the ACP Scheme was that the benefit of a higher pay scale was not available if the next post in the hierarchy also existed in the identical pay scale. 

9. In order to bring systematic changes in the existing scheme of ACP so that all employees irrespective of existing hierarchical structure in their organisations/cadre get the same benefit, MACP was recommended by the Sixth Central Pay Commission which was accepted by the Government with certain modifications vide its Office Memorandum dated 05.2009. Under the Sixth Central Pay Commission, revised pay structure has been implemented with effect from 01.01.2006; whereas benefits of ACP Scheme have been allowed till 31.08.2008. Vide Office Memorandum dated 19.05.2009, the Government of India introduced the MACP Scheme, in supersession of the ACP Scheme w.e.f. 01.09.2008. There shall be no change in distinction, classification or higher status on grant of financial upgradation under MACP as the upgradation is purely personal and merely placement in the next higher Grade Pay.

Modified Assured Career Progression (MACP) Scheme:-

10. Under the MACP Scheme, three financial upgradations are made available in the next grade pay to an employee who has completed 10, 20 and 30 years of regular service in the same post without getting any The benefit would be available at the next higher grade pay. Some of the salient features of the MACP Scheme are as follows:-

•     Para 2 of the MACP Scheme provides that the “MACP Scheme envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay”.
•     As per para 10 of the MACP Scheme – Office Memorandum dated 19.05.2009, no stepping up of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under the MACP Scheme.
•     As per para No.11 of the said memorandum dated 19.05.2009, the differences in pay scales on account of financial upgradations under the ACP Scheme and MACP Scheme would not be construed as anomaly.

11. Para (19) of MACP Scheme contemplates merely placement on personal basis in the immediate higher grade pay / grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. As per para (20) of the MACP Scheme, financial upgradations shall be purely personal to the employee and shall have no relevance to the seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employees in the grade have received higher grade pay under MACP Scheme. We may usefully extract the relevant portion of Annexure-I of the Office Memorandum dated 19.05.2009, which reads as under:-

ANNEXURE-I

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS)

    There shall be three financial upgradation s under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years service Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade-pay.
    The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. ln such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

…………

17. The financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-1.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.

19. The MACPS contemplates merely placement on personal basis in the immediate higher Grade pay /grant of financial benefits only and shall not amount to actual functional promotion of the employees 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.

………….

25. If a regular promotion has been offered but was refused by the employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed 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 second the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.

……………”

12. Clause 28 contains illustrations as to grant of financial upgradation under MACP. The illustrations in Clause 28 of the Scheme can easily be understood by referring to the First Schedule, Part-A of Section 1 of Central Civil Services (Revised Pay) Rules, 2008 which gives a comparison of the scale of pay under the 5th Pay Commission and the 6th Pay Commission as under:-

Download order:

MACP-ACP-Scheme-Supreme-Court-Judgement_05-Mar-2020

Read More

MACPS for the Central Government Civilian Employees

Department of Telecommunications - MACPS for the Central Government Civilian Employees

Modified Assured Career Progression Scheme (MACPS) for Group ‘C’ and ‘D’ Employees who have opted for Government Service and working in Department of Telecommunications.

F.No.4-15(01)2019-PAT
Government of India
Ministry of Communications
Department of Telecommunications

1120, Sanchar Bhawan,
20, Ashoka Road.
New Delhi – 110001
Dated: 30/04/2019

Office Memorandum

Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees.

This is in reference to DoPT OM No.35034/3/2008-Estt(D) dated 19.05.2009 and OM No.35034/3/2015-Estt(D) dated 28.09.2016 (copies enclosed) regarding Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees.

It has been decided to implement the aforesaid orders in the case of Group ‘C’ and ‘D’ employees who have opted for Government Service and working in Department of Telecommunications or on deemed deputation basis in BSNL/MTNL and to withdraw One Time Bound Promotion (OTBP) Scheme and the Biennial Cadre Review (BCR) Scheme w.e.f 01.09.2008.

sd/-
(Patanjali Prakash)
Assistant Director General (PAT)

Source: DoT

Read More

Fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment

MoD - Fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI)

Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent

No.1(20)/2017/D(Pay/Services)
Ministry of Defence
D(Pay/Services)

Sena Bhawan, New Delhi
Dated 30th April, 2019

Subject: Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent.

The undersigned is directed to refer to MOD OMs of even number dated 22.03.2018 and 26.02.2019 on the issue of availability of option for fixation of pay on promotion from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy Pay Regulations 2017 and to say that the aforesaid OMs dated 22.03.2018 and 26.02.2019 will be applicable in the cases of pay fixation on grant of MACP also in respect of ICOs/ORs and equivalent.

This issues with the concurrence of Defence (Finance) vide their I.D. No. dated 29.01.2019.

Yours faithfully
sd/-
(Arun Kumar)
Under Secretary to the Govt. of India

Read More

Clarification regarding benchmark for MACP after 25.07.2016

Clarification regarding benchmark for MACP after 25.07.2016

Clarification regarding benchmark for placement under MACP in respect of the official who are due for placement in MACP after 25.07.2016

No.20-45/2016-SPB-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)

Dak Bhawan, Sansad Marg, New Delhi – 110 001
Dated the 22nd January, 2018

To,
The Chief Postmaster General,
Maharashtra Circle,
Mumbai

Subject: Clarification regarding benchmark for placement under MACP in respect of the official who are due for placement in MACP after 25.07.2016.

Sir,
I am directed to refer to Maharashtra Circle's letter no. STA/MACPs/Bench Mark/2017 dated & 12.2.2017 on the subject cited above and to say that 'Promotion' and 'Modified Assured Career Progression Scheme' (MACP) are two different matters. The first involves higher duties & responsibilities while latter don't.

2.For MACP, DOP&T has issued instruction vide OM No. 35034/3/2015-Estt(D) dated 28.09.2016, accordingly to which the prescribed benchmark would be 'Very Good' for all posts and it will come into effect from 25.07.2016. The communication DOP&T has already been circulated by Estt. Division of the Directorate vide letter no. 7-8/2016-PCC dated 5.10.2016 (Copy enclosed)

3.For promotion, Personnel Division vide letter no. 20-24/2016-SPB-II dated 13.02.2017 has clarified to follow instructions contained DOPT's OM No. 35034/7/97-Estt(D) dated 8.02.2002 until further clarification is issued by DOPT or Department of Posts.

Yours faithfully,
sd/-
(Satya Narayana Dash)

Source: http://fnpohq.blogspot.in/

Read More

MACPS benefits in the promotional hierarchy – Clarification orders issued by Dopt on 17.5.2016

MACPS benefits in the promotional hierarchy – Clarification orders issued by Dopt on 17.5.2016

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

Government of India

Ministry of Personnel Public Grievance & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 17.05.2016

Office Memorandum

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

In continuation of Department of Personnel Training’s earlier O.M. of even no. dated 20.01.2016 and dated 01.03.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision dated 28.04.2016 of Hon’ble CAT, Calcutta Bench in OA No. 351/00195/2014 filed by Shri S.H.K. Murti & Others Vs. UOI &Ors whereby the demand of the applicant for MACP in promotional hierarchy has been dismissed, for necessary action and compliance. The Hon’ble Tribunal in the aforesaid decision dated 28.04.2016 has held that the MACP benefit would be given in the hierarchy of next higher Grade Pay and not in Grade Pay of promotional hierarchy which will be payable on actual promotion.

2. All Ministries/Departments are requested to upload it on their websites for wider publicity.

sd/-

(G. Jayanthi)

Director (E-I)

Authority: www.persmin.gov.in
Click to view the order

Read More

Clarification on ACP – MACP : BPMS

Clarification on ACP – MACP : BPMS

OFB’s Clarification on ACP / MACP based on discussion held on 8th & 9th May, 2015 at NADP Ambajhari

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
ORDNANCE FACTORY BOARD

Ayudh Bhavan 10A, Shaheed Khudiram Bose Road,
Kolkata – 700 001

No. Per/IACP/MACP/2016

Date : 07.03.2016

To
The Sr. General Managersl General Managers
All Ordnance & Ordnance Equipment Factories

Sub: workshop for uniform implementation of ACP/MACP instructions at NADP, Ambajhari on 8th & 9th May, 2015

A workshop on uniform implementation of ACP/MACP instructions was Ambajhari on 8th & 9th May, 2015. The points emanating from the said workshop Industrial Establishment are furnished here-under for guidance and necessary action:-

 

This issues with the concurrence of PC of A (Fys).
sd/-

(S.K.Singh)
Director/IR
For Director General, Ordnance Factories

Source: BPMS

Read More

MACPS on Promotional Hierarchy – NFIR

MACPS on Promotional Hierarchy – NFIR

Grant of Financial up-gradation under MACPS in the promotional hierarchy – (instead of Grade Pay hierarchy) – Item No.3 of Record note of discussion held between the Federation and EDs, Railway Board on 12/10/2015 on MACPS anomalies.

NFIR
National Federation Of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055

No.IV/MACPS/09/Part 9

Dated: 26-02-2016

The secretary (E)
Railway Board
New Delhi

Dear Sir,
Sub: Grant of financial up-gradation under MACPS in the promotional hierarchy – (instead of Grade Pay hierarchy) – Item No.3 of Record Note of discussion held between the Federation and ED’s Railway Board on 12-10-2015 on MACPS Anomalies – reg.

Ref: (i) Railway Board’s Letter No.PC-V/M/4/NFIR/Pt dated 04-01-2016

(ii) NFIR’s Letter No.IV/MACPS/09/Part 9 dated 05-01-2016 & 18-01-2016
Further to above, Federation furnishes below yet another category viz., Shorff cadre (Cash & Pay Department – Receipt side) in which case the ACP Scheme was more advantageous than the MACP Scheme introduced by the Railway Board vide Board’s letter No.PC-V/2009/ACP/2 dated 10-06-2009, w.e.f. 01-09-2008.

Note: * The above comparison clearly establishes the fact that under ACP Scheme the staff got financial up-gradation in Pay Scale Rs.5000-8000/GP 4200/- on completion of 24 years of service whereas under MACP Scheme, the staff gets GP 2800/- (replacement Grade Pay) on completion of three decades and they cannot dream of reaching GP 4200 (PB-2) under MACPS.
 
NFIR, therefore, requests the Railway Board to include the above category of staff in the reference agreed to be made to the DoP&T for seeking guidelines.

Yours faithfully
sd/-
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

Read More

Grant of financial upgradation under MACPS in the promotional hierarchy (instead of Grade Pay hierarchy) – NFIR

Grant of financial upgradation under MACPS in the promotional hierarchy (instead of Grade Pay hierarchy) – NFIR

NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110055

No. IV/MACPS/09/Part9

Dated: 05/01/2016

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Grant of financial up-gradation under MACPS in the promotional hierarchy- (instead of Grade Pay hierarchy) – Item No.3 of Record Note of discussion held between the Federation and EDs, Railway Board on 12/10/2015 on MACPS Anomalies-reg.

Ref: Railway Board’s letter No. PC-V/M/4/NFIR/pt dated 04/01/2016.

NFIR provides below the details of the cadres to whom ACP Scheme was more advantageous than the MACP Scheme introduced by the Railway Board w.e.f. 01/09/2008 – Board’s letter No. PC-V/2009/ACP/2 dated 10/06/2009:-

Note: *The employee has to wait for 6 years more to get GP 2800/- which is the replacement pay scale of Rs.4500- 7000 (Vth CPC) under MACP Scheme.

Note: *While the Stenographer got 5OOO-8OOO/GP4200/- on completion of 12 years under ACP, he should wait for 20 years under MACPS. Similarly he should complete 30 years for becoming eligible for GP 4600/- whereas under ACPS he could become eligible on completion of 24 years service.

The comparative position between ACPS and MACPS as mentioned above establishes that in Railways the employees have been put to grave disadvantage leading to serious resentment against MACP Scheme

Yours faithfully

sd/-
(Dr.M.Raghavaiah)
General Secretary

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

No. PC-V/M/4/NFIR/pt

New Delhi, dated 04/01/2016

The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi-55

The General Secretary,
AIRF,
4, State Entry Road,
New Delhi-55

Sirs,

Sub:-Grant of financial upgradation under MACPS in the promotional hierarchy- (instead of Grade Pay hierarchy)-reg.

The undersigned is directed to refer to item NO.3 of the record note of discussions held an 12.10.2015 on MACPS anomalies. In respect of the item No.3, it has been decided to indentify the cadres for whom ACP Scheme is more advantageous than MACP Scheme. Thereafter, a reference will be made to DoP&T.

In view of the minutes of the meeting, it is requested to provide the details of the cadres to wham ACP Scheme is more advantageous than MACP Scheme along with supporting documents so that a reference may be made to DoP&T.

Yours faithfully,

sd/-
for Secretary, Railway Board

Source: NFIR

Read More

Pay Fixation on MACP as per 6th Pay Commission – Some Illustrations

Pay Fixation on MACP as per 6th Pay Commission – Some Illustrations

Modified Assured Career Progression Scheme (MACPS)

MACP clarifications is given with useful illustrations for Defence Civilian Employees. This type of explanations is very useful to know and clarify the doubts of the new scheme. Wittingly to clear in the particular subject, because it is connecting with lifetime promotion of every employee.

This scheme for career upgradations to Central Govt. employees was introduced with effect from 1-09-2008 with introduction of revised pay rules 2008.

This scheme has replaced earlier scheme of Assured Career Progression Scheme of August 1999.
Under this scheme, an employee would get at least three career upgradations during his entire service on completion of 10,20 and 30 years of service.
Under this scheme an employee would be placed in next higher grade pay on completion of 10 years in previous grade and in case of no promotion has been offered to him.

a. Illustrations of Grant of MACP – Illustration – 1
In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with no promotion for 10 years,
1st financial upgradation after 10 years with GP-Rs.4600;
2nd financial upgradation after (10+10) 20 years with GP- Rs.4800;
3rd financial upgradation after (10+10+10) 30 years with GP- Rs.5400.

Illustration – 2
In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with first promotion after 5 years with GP of Rs. 4600,
The promotion will be considered as 1st financial upgradation;
2nd financial Up gradation after (5+10) 15 years with GP-Rs.4800;
3rd financial up-gradation after (5+10+10) 25 years with GP-Rs.5400.

Illustration – 3
In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with 1st promotion in 5 years with GP-Rs.4600 and 2nd promotion after 8 years,(5+8=13 years) with GP of Rs.4800,
He will get only 3rd financial up-gradation after (5+8+10) 23 years with GP-Rs.5400.

b. Norms for grant of MACP
The financial up gradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay.

The only 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.
However, if 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.

c. Clarifications on MACP

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 purposes of MACP.

Only the continuous regular service is counted towards qualifying service and the regular service shall commence from the date of joining in direct entry grade on the MACP envisages merely placement in the immediate next higher grade pay as given in Section1, Part A of first schedule of the CCS (Revised Pay) Rules 2008.

Financial upgradation will also be admissible whenever a person has spent 10 years in the same grade pay.
Only regular service rendered in the Central Government Department/Office would be counted for the purposes of grant of MACP.

All tenures spent on deputation, Foreign Service, study leave, all kind of leave, shall be included in the regular service.

d. The benefits of MACP are admissible upto HAG scale of Rs. 67000-79000.
All cases of grant of promotions/ACPs under pre-revised pay scales of Rs. 5000-8000, Rs. 5500-9000, Rs. 6500-10500 and Rs. 7400-11500 and if those merged w.e.f. 1-1-2006 would be ignored for purpose of grant of financial upgradation under the scheme.

Source: CGEN.in

Read More

Dopt Orders on MACP – Granting of MACP benefits as and when the employees become eligible

Dopt Orders on MACP – Granting of MACP benefits as and when the employees become eligible

MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/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.

G.I., Dep. of Per. & Trg.,
O.M.No.35034/3/2008-Estt. (D),
dated 18.2.2015

 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, Ministries/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.

Source: www.persmin.gov.in

More orders on MACP Scheme

Read More

MACP on Promotion Hierarchy: Appeal to contribute for expenditure to fight the case in Supreme Court

MACP on Promotion Hierarchy: Ministerial Staff Association’s appeal contribute for expenditure to fight the case in Supreme Court as per Convener of Steering Committee information that the expenses in the court case are expected to cross over Rs.15 lacs.

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.

It is further informed that the undersigned, along with the Vice President (CHQ) MSA has attended the meeting of the Steering Committee on the matter of MACP on Promotion Hierarchy, at New Delhi on 11.12.2014. Convenor of the Steering Committee Com. Pillai had informed the house that the expenses in the subject Court case are expected to cross over Rs. 15 lacs. As such the Central Government Associations/Unions from all over India, have agreed to financial contribution for fighting the case to meet the justice. In the interest of our members, MSA, SOI has also committed to contribute some amount for the purpose.

Therefore, I do hereby appeal to all my respected members of MSA, whether they are affected by the MACP on Promotion Hierarchy or not, to please contribute at least Rs. 100/- per member, with their respective Branch Secretaries and the collected amount with list of members, may be sent to the undersigned latest by 10.02.2015, positively.

Hoping for your full co-operation and support.

Comradely Yours

( DEEPAK C. R. KARKI )
SECRETARY GENERAL (CHQ)
MINISTERIAL STAFF ASSOCIATION

Source: MSASOI.com

Read More

Clarification with regard to 2nd ACP to Senior Accountants of CCAS cadre appointed as Accountant on the basis of Limited Departmental Competitive Examination

Clarification with regard to 2nd ACP to Senior Accountants of CCAS cadre appointed as Accountant on the basis of Limited Departmental Competitive Examination

All India Civil Accounts Employees Association
(RECOGNISED BY GOVT. OF INDIA)
CENTRAL HEADQUARTER

No: AICAEA/HQ/A-2/2014/4

Dated: 02.01.2015

To,
Shri Jawahar Thakur,
Controller General of Accounts,
Ministry of Finance,
Department of Expenditure,
Loknayak Bhawan,
Khan Market,
New Delhi – 110003

Subject:- Clarification with regard to 2nd ACP to Senior Accountants of CCAS cadre appointed as Accountant on the basis of Limited Departmental Competitive Examination.

Ref:- O.M. No. A-11019/25/05/MF.CGA (A)/NGE/AICAEA-HQ/289 dated 27.10.2014 issued by the office of CGA.

Sir,
I have been directed to refer to the above and draw your kind attention to the following few lines in the matter of grant of IInd financial upgradation under ACPs to those who were appointed as Junior Accountants on the basis of the results of Departmental Competitive Examination conducted by the SSC during the years 1981 & 1982-

1. The candidates who had qualified the Departmental Competitive Examination for the posts of Junior Accountants conducted by the Staff Selection Commission during the year 1981 & 1982 against direct recruitment quota of different departments of Civil Accounts Organization are required to be equated with the Junior Accountants who were directly recruited through the examination conducted by the Staff Selection Commission for recruitment to the post of Junior Accountant as the standard and method of both the examinations were similar at that point of time.

2. Clarification No. 8 of the DOPT O.M. No. 35034/1/97/Estt. (D) Vol-IV dated 10th February 2000 states that, if relevant Recruitment Rules provide for filling up of vacancies by direct recruitment, induction of a person from lower grade in the next grade through Limited Departmental Competitive examination may be treated as direct recruitment for the purpose of ACPs. In such cases, service rendered in a lower pay scale shall not be counted for the purpose of benefit under ACPs. Not only this, the said order nowhere states that the benefit under ACPs shall be limited to those incumbents only where there is a change of their cadre/service.

3. The CCAs (Group – C) Recruitment Rules provides for filling up of vacancies in the grade of Accountant through direct recruitment and it fulfills the requirements stated in the clarification No. 8 of the DOPT O.M. No. 35034/1/97/Estt. (D) Vol – IV dated 10th February 2000.

4. The scheme of granting ACP was introduced in the year 1998-1999, whereas the officials who have qualified the departmental competitive examination prior to the issuance of the DOPT orders should in no way be deprived of this benefit. In fact, the clarification was specifically meant for such officials only.

5. The benefit of the scheme has already been implemented in CGA’s organizations itself. Examples are as below:-

i) CBEC: – Pr. CCA, CBEC, New Delhi vide order No. Admn.1 (17) 9/ACP Scheme/770 office order No. 164 dated 14.08.2007 granted IInd financial upgradation with effect from 01.04.2007 to Shri A.J. Kulkarni (PAO, CEX, Pune). He had qualified the departmental competitive examination conducted by the SSC in the year 1981.

ii) CBDT: – Pr. CBDT, New Delhi office order No. Admn.ii/5-23/ACP/Sr.Acctt/2005-06/486 dated 16/23.03.2007 granted IInd financial upgradation with effect from 06/08.07.2007 to Shri S.N. Kaulgud, ZAO, CBDT, Pune. He had qualified the departmental competitive examination conducted by the SSC in the year 1982. Incidentally, it may be placed for your information and record that Shri S.N. Kaulgud of PAO, CBDT (Roll No – 018 rank No.-11) was granted 2nd ACP but Shri Subhash Chander Bamrara (Roll No. 010 rank No.-6) at present working under CCA, Ministry of External Affairs, New Delhi has been deprived of the same benefit while both of them had qualified the same examination in the year 1982.

iii) Min. Home Affairs: – Though there is no specific example readily available with us, but many employees of Ministry of Home Affairs were also extended the said benefit by the then Heads of The Departments.

Decisions by all the heads of the Departments had been taken with the concurrence of the Controller General of Account. There may be many others who might have been accorded the benefit of 2nd ACP and as on record only a handful of employees have been kept out of the benefit at present.

\Therefore, on behalf of this Association, I seek your personal intervention into the matter and requests you to kindly take a favorable decision of extending the benefit to the left out and deprived section of employees as a onetime measure so that they could be able to get rid of the feelings of discrimination they have been suffering from due to non-receipt of their legitimately due benefit on par with their batch mates.

For a kind and early favourable decision of yours, this Association shall be highly thankful to you.

Thanking you.

Yours Sincerely,

(V. Bhattacharjee)
Secretary General

Source: www.nfcaahqnd.blogspot.in

Read More