Grant of financial upgradation under MACP Scheme in the promotional hierarchy

Grant of financial upgradation under MACP Scheme in the promotional hierarchy

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

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

New Delhi, dated 07.04.2017

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

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

Sirs,
Sub:- Board's item No.3-Grant of financial upgradation under MACP Scheme in the promotional hierarchy-(instead of Grade Pay hierarchy)- as per judgment of various courts. {item(s) to be discussed with Board (MS &FC)}

Ref:- NFIR's letter No.IV/MACPS/09/Part 10, dated 20.02.2017.

The undersigned is directed to refer to item No.3 of the record note of discussions held on 12.10.2015 on MACPS anomalies whereby NFIR have stated that ACP Scheme is more advantageous than MACPS for certain categories of employees viz. office Clerks/Accounts Clerks, Commercial Clerks, Stenographers, Technician Gr.III and Shroff category.

In this regard, the factual position prevailing on Railways has been ascertained from a Railway i.e. Northern Railway in respect of these categories of employees and on a perusal of the same, it has been observed as under:-

The employees directly recruited as Office Clerk (GP Rs.1900) are getting Grade Pay of Rs. 4600 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4200/- would be admissible.

The employees directly recruited as Technician Gr.III (GP Rs.1900) are getting Grade Pay of Rs. 4200 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 2800/- would be admissible.

The employees directly recruited as Shroff category (GP Rs.1900) after their promotion as Hd. Shroff in GP Rs.4200 have further been granted 3rd MACPS in Grade Pay of Rs. 4200 (as next promotional cadre post of ADC is also in the same Grade Pay of Rs.4200/-) whereas under ACP Scheme there is no provision for grant of 3rd financial upgradation.

The employees directly recruited as Stenographer (GP Rs.2400) are getting Grade Pay of Rs. 4800/- as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4600/- would be admissible.

The employees directly recruited as Accounts Clerk (GP Rs.1900) are getting Grade Pay of Rs. 4600 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4200/- would be admissible.

Federations are requested to appreciate the factual position as mentioned above.

From the above, it can be seen that MACP Scheme is more advantageous than the ACP Scheme for the aforesaid categories.

4. Federations are requested to appreciate the factual position as mentioned above.

Yours faithfully,
sd/-
for Secretary, Railway Board

Source: AIRF

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Demand for MACP in promotional Hierarchy has been dismissed – Dopt Orders

No. 22034/04/2013-Estt.(D)
Government of India
Ministry of Personnel Public Grievance & Pensions
Department of Personnel & Training
***

North Block, New Delhi
Dated: 01.03.2016

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 DOPT’ s earlier O.M. of even no. dated 20.01.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision of Hon’ble CAT, Ahmedabad bench in OA No. 120/000018/2015 filed by Shri Manubhai B. Rathore Vs. UOI &Ors whereby the demand of the applicant for MACP in promotional Hierarchy has been dismissed.

(G.Jayanthi)
Director (E-I)
Phone No. 23092479

All Ministries/Departments of the Government of India.

ccis.nic.in

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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

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Grant of MACP benefit in the promotional hierarchy – Copy of the stay order dated 08.08.2014 passed by Hon’ble Supreme Court

Grant of MACP benefit in the promotional hierarchy – Copy of the stay order dated 08.08.2014 passed by Hon’ble Supreme Court

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

No. 22034/04/2013-Estt.(D)
Government of India
Ministry of Personnel Public Grievance & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 20.01.2016

Office Memorandum

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

The undersigned is directed to forward herewith a copy of the stay order dated 08.08.2014 passed by Hon’ble Supreme Court in CC No. 8271/2014 (converted to SLP No. 21803/2014) in the matter of UOI Vs. Shri M.V. Mohanan Nair on the order of the Hon’ble High Court of Kerala in OP(CAT) No. 2000/2013(Z) regarding grant of MACP benefit in the promotional hierarchy, for information.

sd/-
(Gayatri Mishra)
Director (E-I)

Authority: www.persmin.gov.in

Click to view the Stay Order

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Flaws in Pay Matrix of 7th CPC: Less benefit on grant of Promotional Pay Scale i.r.o. Next Pay Scale

Flaws in Pay Matrix of 7th CPC: Less benefit on grant of Promotional Pay Scale i.r.o. Next Pay Scale

Pay fixation on promotion from UDC to Assistant immediate next pay scale is found more beneficial than the hierarchical promotion. Fixation of a UDC drawing Rs. 10960+2400 promoted to Assistant is given below:

Pay in PB in 6th CPC Pay Scale	10960
Grade Pay in 6th CPC Pay Scale	2400
Total Basic Pay in 6th CPC Pay Scale	13360
Fixation of Pay in New 7th CPC with factor 2.57	34435
New Basic Pay in New Pay Matrix	34300
Increment on 1.7.2016	35300

Fixation on Pay scale hierarchy i.e., 2800 GP

Increment on Promotion	1059
Total of Basic Pay and Increment	36359
Pay fixed at higher stage in 2800 Grade Pay	37000

Fixation on Promotional hierarchy i.e. Rs 4200 GP

Increment on Promotion	1059
Total of Basic Pay and Increment	36359
Pay fixed at higher stage in 4200 Grade Pay	36500

Similar deficiencies may be noticed in other cases also. For similar cases multiplication factor should be increased. Two increments should be granted on promotion.

Source : http://www.staffnews.in/

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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

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MACP on Promotional Hierarchy – Written reply in Parliament

MACP on Promotional Hierarchy – Written reply in Parliament

MACP on promotional grade

The employees including Group ‘C’ (which includes erstwhile Group ‘D’) are granted three financial upgradations under Modified Assured Career Progression (MACP) Scheme in the next immediate Grade Pay hierarchy as per CCS(Revised Pay) Rules, 2008 on completion of 10, 20 and 30 years of regular service.

There have been instances where Tribunals and High Courts have directed to grant benefits under Modified Assured Career Progression (MACP) Scheme in the promotional hierarchy. However, in such cases, the order of Court is specific to the applicant only.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Kamlesh Paswan in the Lok Sabha today.

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'Good' to 'Very Good' – 7th CPC enhancing the performance level for MACP and Regular Promotion

‘Good’ to ‘Very Good’ – 7th CPC enhancing the performance level for MACP and Regular Promotion

The 7th Pay Commission has recommended on the benchmark level for MACP and Regular Promotion in Central Government services.

The 7th Pay Commission feels that a significant change is required in promotion aspect. The benchmark for performance appraisal for MACP as well as for regular promotion.

The Commission recommends that this benchmark, in the interest of improving performance level, be enhanced from ‘Good’ to ‘Very Good.’

In addition, introduction of more stringent criteria such as clearing of departmental examinations or mandatory training before grant of MACP can also be considered by the government.

And also the Commission is proposing withholding of annual increments in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service.

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LDC-UDC Matter & MACP on Promotional Hierarchy in 7th CPC Recommendation: AIAAS(NG) writes to Confederation

LDC-UDC Matter & MACP on Promotional Hierarchy in 7th CPC Recommendation: AIAAS(NG) writes to Confederation

Message from Secretary AIAAS(NG) :-

This Association has taken up the LDC/UDC, MACP on Promotional Hierarchy, and other issues related to Administrative Staff with Confederation. Copy of the letter sent to the Secretary General, Confederation is given below: All our LDC/UDC friends are requested to raise the issue in their respective Association to force them to represent the issue to Confederation/JCM Staff Side.

ALL INDIA ASSOCIATION OF ADMINISTRATIVE STAFF (NG)

MINISTRY OF STATISTICS AND PROGRAMME IMPLEMENTATION

Bhopal,

Dated 25/11/2015

To
Com. M Krishnan,
Secretary General,
Confederation of Central Government Employees & Workers,
New Delhi

Dear comrade,

This is in connection with LDC/UDC, MACP on Promotional hierarchy and other issues related to Administrative Staff of Subordinate offices. It is surprising to note that the 7th Pay Commission has turned down the genuine issue of LDC & UDC on the ground that the government has stopped direct recruitment for the clerical cadre and gradually phasing out the existing incumbents. If this is true, it is a matter of great concern that the Government has chosen to take a unilateral decision on an important policy matter without consulting the Staff side. The reason given for rejection of the demand is not convincing.

Besides Confederation/Staff Side JCM, several Departments had recommended upgradation of grade pay of LDC & UDC of Administrative Offices especially the LDC & UDCs of subordinate offices of Government of India.

Extracts of the Pay Commission comments on the matter is given below:

By analyzing the demand of SVP, National Police Academy under Para 11.22.100 the Commission has said “This issue has been dealt in Chapter 7.7. Recommendations made there would apply in this case also”

As against the demand of Directorate of Printing under Para 11.52.32 Commission maintained that “posts like LDC, UDC, Accountant are common to a number of ministries/ departments. Recommendations regarding their pay are contained in Chapter 7.7 and Chapter 11.35.”

But, in Chapter 7.7, deals common category, no recommendation for LDC/UDC is given.

However by recording disagreement to increase promotional quota of MTS to LDC under Para 7.7.37 & 11.35.28 Commission has said that “government has already stopped direct recruitment for the clerical cadre and gradually phasing out the existing incumbents, this demand cannot be accepted.”

But the fact is that Staff Selection Commission is frequently conducting recruitment for the post of LDC. Combined higher secondary examination for the selection of LDC also has been conducted recently. Moreover, no alternative recommendation to replace the LDC post is given in the report.  It is to be noted that the normal ratio of LDC and UDC in subordinate offices is 5:2 and thus LDCs have been allocated responsible sections and in many smaller offices LDC alone is handling the work of entire Administration.

On the other hand rejecting Central Secretariat Clerical service demand for parity with DEO, the commission observes “Even though the entry requirements are similar, historically the pay scales of the two posts have been different. Besides, they comprise two distinct cadres with different set of roles and responsibilities. Hence, the demand for parity of pay of LDC with DEOs cannot be acceded to by the Commission.”(Para 11.35.38).

Historically these cadres may be different set of roles but the fact is that functions of LDC are more complex than that of DEO and same was brought before the commission by various Associations/Administrative Authorities. Earlier pay Commissions have fixed Pay Scale to DEO considering their work on computer. But today LDCs are selected on the basis of their expertise in computer operation also.

By concluding the LDC issue, I give hereunder two comments among the dozens of comments/e-mail received us on the subject. This signifies the sufferings of LDCs in subordinate offices.

(1)   I am really disappointed with the decision of 7th CPC, I was hoping that I would get atleast GP 2400 as per their calculation, they don’t even think about lower classMyself Ashutosh, LDC and I am appointed on 2012, 3000 KM far from my house and from last 2 years I am doing the work of cashier along with all the work of Income Tax and budget, apart from me 4 more LDC’s are working here instead of UDC’s and they are the backbone of their branch but as per 7th CPC words we are not having as much responsible work they think LDC’s are recruits only for “dispatch” and “typing” which is not true.

I request to them, sir please come and see how much responsibility we have and what we are getting,

(2)    I am s murugan LDC, handling with pay bills, income tax, TDS and what are related to taxable income such as LTC encashment, final bills, HRA claim and etc…

In 7th Cpc report every where it is stated that this is dealt with chapter 7.7 and 11.35. But, there are no clear instructions for clerical.

The major error is clerical cadre is not included in common categories (chapter 7).

II      Grant of MACP on Promotional Hierarchy:

Even though the Confederation has clarified that the Commission has recommended MACP on promotional hierarchy, the report of the Commission is confusing and contradictory. Para 5.1.44 reads in the new Pay matrix, the employees will move to the immediate next level in the hierarchy. This can be interpreted as fixation in the same principle as that for a regular promotion. But Para 11.52.45 is contradictory.

III     The Grade Pay of  Assistants/Stenographers of Central Secretariat is brought down to Rs. 4200 from the existing Rs. 4600 and NFSG granted to the UDCs of Central Secretariat has been withdrawn thereby the demand for parity with the Grade Pay of Assistant/UDC of Central Secretariat is turned down.

Comrades, Government is bent upon to contractorise all the Administrative posts below the post of Assistants. The demand for merger of Grade Pay of LDC & UDC and upgradation to Rs. 2800, as recommended by the staff side is genuine in accordance with duties assigned. Confederation/JCM (Staff Side) is requested to please help LDC/UDC and other Administrative Staff of subordinate Offices to resolve these genuine issues.

Yours fraternally TKR Pillai
General Secretary

Source: http://aiamshq.blogspot.in/2015/11/this-association-has-taken-upthe-ldcudc.html

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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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List of cases filed on grant of MACP on Promotional Hierarchy

List of cases filed on grant of MACP on Promotional Hierarchy

GRANT OF MACP ON PROMOTIONAL HIERARCHY:

LIST OF CASES FILED

The list of cases filed on the subject is given below for your reference.

SL	O.A.No., CWP.No. SLP Civil (CC) No	Parties	Date of Order	Name of court	Remarks
RAJPAL Vs UoI & Others
1	OA No.1038/CH/2010 (Advocate : Mr. V.K.Verma)	Raj Pal s/o Tilak Ram, CAT, Chandigarh	31.5.2011	CAT, Chandigarh.	OA is allowed for grant of MACP in the hierarchy of Promotional post.
2	CWP No.19387 of (O&M)(Advocate : D.K.Bhisnoi)	Union of India represented by DoP&T and others Vs. Raj Pal and another.	19.10.2011	High Court of Punjab and Haryana at  Chandigarh	Order dated 31-5-2011 of Hon’ble CAT, Chandigarh is upheld. CWP filed by Respondents dismissed.
3	SLP No.cc-7467 of 2013 against order dated 19-10-2011 of the Hon’ble High Court	Union of India represented by DoP&T and others Vs. Raj Pal and another.	15.4.2013	Supreme Court of India	SLP filed by the Union of India is dismissed
SANJAY KUMAR & Ors Vs UoI & Ors
4	OA No.904/2012 (Mr. M.K.Bhardwaj)	Sanjay Kumar, UDC and 18 others Vs. UOI nted byMinistry of Defense and others.	26.11.2012	CAT, Principal Bench, New Delhi.	OA is allowed for grant of MACP in next promotional post i.e. Assistant in PB-2+Grade PayRs.4200.
5	W.P.(C) 4552/2013 [PENDING] (Mr. M.K. Bhardwaj)	UNION OF INDIA Vs. SANJAY KUMAR & ORS.		Delhi High Court	Hearing Date Court No. 5 Next Date: 04/09/2014
M V Mahanan Nair Vs UoI & Ors
6	OA No.816/12	M.V.Mohanan Nair, S/o M.R.Vishwanathan Nair, Photocopier CAT, Ernakulam Bench & others Vs Union of India	29.1.2013	CAT, PrincipalBench Ernakulam Bench	OA is allowed for consideration of MACP in the hierarchy of promotional post.
7	OP(CAT). NO.2000 OF 2013 (Z)	UOI &  ORS. .Vs. M.V.  MOHANAN NAIR	24.06.2013	High court of Kerala at Ernakulam	In the result, this original petition is dismissed in limine
8	Special Leave Petition (Civil) 21803 OF 2014	UOI & ORS. .Vs. M.V. MOHANAN NAIR		Supreme Court of India	PENDING
9	OA No.1798 of 2014 Advocate : Shri Yogesh Sharma	Mahendra Kumar Dubey, S/o Sh. R.D. Dubey, Working as Programme Executive, In Doordarsan Kendra, Delhi VS UOI through the Secretary, Ministry of lnformation & Broadcastin	22.05.2014	Cat Delhi	OA is allowed for consideration of MACP in the hierarchy of promotional post within a period of one month
KISHAN SWARUP SHARMA Vs SECRETARY, MINISTRY OF AGRICULTURE
10	OA No.2548/2014 MA No.2167/2014 (Advocate : Shri M.K.Bhardwaj	Kishan Swarup Sharma, working as PPO(E), Meerut & 28 others V/S Secretary, Ministry of Agriculture,	31.07.2014	CAT, New Delhi	OA is allowed For consider the case of the applicants in the light of the aforesaid orders
PRADEEP KUMAR Vs SECRETARY MIN. OF INFORMATION & BROADCASTING
11	OA No.988 of 2014 MA No.872 of 2014 (Advocate : Shri M.K. Bhardwaj	Pradeep Kumar. AE (C) Rohini, Delhi & 20 others VS Secretary, Ministry of Information & Broadcasting, Shastri Bhawan. New Delhi	22.03.2014	CAT. New Delhi	in view of the above position. we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.
12	O.A. No. 1834/2014 Advocate: Shri Yogesh Sharma.	Mohd Hamid  Hussain, Working as APRO (Defence), Sr.Grade Group B Officer In the office of: DPR, Ministry of Defence New Delhi- & 34 others VS UOI through the Secretary, Ministry of Information and Broadcasting,	23.05.2014	Central Administrative Tribunal PrincipalBench New Delhi	In view of the aforesaid submission made by the applicants and the documents available on record. we dispose of this OA at the admission stage itself with a direction to the respondents to consider the case of the applicants in terms of the aforesaid orders within a period of two months from the date of receipt of a copy of this order. if the applicants are similarly placed, they shall also be treated alike
OM PRAKASH Vs SECRETARY, NCERT
13	OA 864/2014 Advocate: Shri M.K. Bhardwaj)	Shri Om Prakash NCERT, New Delhi  VS Secretary (NCERT)  New Delhi	12.3.2014	Central Administrative Tribunal PrincipalBench, New Delhi	In view of the above position. we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a cop of this order.
14	W.P.(C) 3608/2014	NCERT,New Delhi VS Shri Om Prakash & others	14.07.2014	High court of Delhi  at New Delhi	CWP filed by Respondents dismissed.
BABU RAM VS UoI
15	O.A. 1281/CH/2012 ADVOCATE: SHRI ROHIT SETH	Sh. Babu Ram, working as Upper Division Clerk, working in the Central Administrative Tribunal, opposite Shivalik View Hotel, Sector 17, Chandigarh VS UOI	09.05.2013	CAT CHNDIGARH BENCH	allow this OA in terms of the view obtained in terms of the view obtained in the OA. 1038/CH/11and the judgments (Annexures A-11 to A-13). The compliance of the order must ideally come about within two months from the date a copy of this order is presented in the office of the competent authority.
16	CWP No. 24279 of 2013	U.O.I. .Vs. BABU RAM & ORS.	07.11.2013	HIGH COURT OF PUNJAB & HARYANA	see order of even date passed in CWP No.24278 of 2013 (UOI and another versus Smt.Reeta Devi and another
17	Special Leave to Petition (Civil)10435 OF 2014	U.O.I. .Vs. BABU RAM & ORS		Supreme Court of India	Pending
DHIRENDER SINGH & Ors Vs UoI
18	Civil Writ Petition No.24253 of 2013 Date of Decision:	U,O.I. .Vs. DHIRENDER SINGH & ORS.	07.11.2013	High Court Of Punjab & Haryana At Chandigarh	For orders, see order of even date passed in CWP No.24278 of 2013 (Union of India and another versus Smt. Reeta Devi and another).
19	Special Leave to Petition(Civil)…. 10436 OF 2014	U.O.I. .Vs. DHIRENDER SINGH & ORS.		Supreme Court of India	Pending
20	O.A. 12/CH/2013 By Advocate: Mr.Madan Mohan	Smt. Reeta Devi, Senior Library Attendant, CAT Bench.  Chandigarh. Versus Union of India	22.05.2013	Cat Chandigarh Bench	After going through the judgment passed in the case of Raj Pal (supra), we are in full agreement with the  learned counsel for the parties. Accordingly, the present original application is allowed in same term as of Raj Pal (supra).  Consequently, we quash the orders at Annexures A-1 & A-2. The respondents are further directed to grant the benefit of 2nd MACP in the pay band of Rs.9300-34800 with grade pay of Rs.4600/- from 1.3.2009 (which is the pay scale of next post in the hierarchy).  The respondents are directed to comply with the judgment within a period of three months from the date of receipt of a copy of this order.
21	CWP No. 24278 of 2013	Union of India VS Smt. Reeta Devi, & and others	07.11.2014	High Court Of Punjab &Haryana	CWP filed by Respondents dismissed
22	Special Leave Petition(Civil) 22181 OF 2014	U.O.I. & ORS. Vs. REETA DEVI		Supreme Court of India	pending
NARAYAN KALITA Vs UoI
23	O.A. No. 040/00052/2014	Narayan Kalita CPWD Guwahati VS UOI Represented by Secretary GOI, Ministry of Urban and Develoment	Date of  order 25.06.2014 Date of Delivery of Order 7.8.2014	CAT Guwahati Bench	OA is allowed. for grant of MACP in the hierarchy of Promotional post.  Respondent is directed to grant scale of pay (PB-3) of Rs. 15600-39100 + Grade pay 6600/-
24	OA( 1727/2014)  was filed by CPWD Engineers‘ Association in regarding MACP as per promotional hierarchy on 19.5.2014			CAT, Principal Bench, New Delhi on	next date of its hearing has been fixed by CAT on 24/09/2014
25	case filed by the Junior Clerks of  Railway -OA No. 1509 of 2013			CAT Kolkata	next date of its hearing has been fixed by CAT on 8th Dec. 2014

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GRANT OF MACP ON PROMOTIONAL HIERARCHY: SLP (civil) CC No.10435 of 2014, UOI Vs Babu Ram & Ors

GRANT OF MACP ON PROMOTIONAL HIERARCHY: SLP (civil) CC No.10435 of 2014, UOI Vs Babu Ram & Ors, hearing was listed on 22 08 2014 before Hon’ble Supreme Court. Details of orders passed on the case are given below:

ITEM NO.38 COURT NO.12 SECTION IVB
SUPREME COURT OF INDIA
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C)……CC No(s).
10435/2014

(Arising out of impugned final judgment and order dated 07/11/2013 in CWP No. 24279/2013 passed by the High Court Of Punjab & Haryana At Chandigarh)

U.O.I. Petitioner(s)
VERSUS
BABU RAM & ORS. Respondent(s)
I.A. 1/2014(with c/delay in filing SLP and office report)
WITH
S.L.P.(C)…CC No. 10436/2014
(With appln.(s) for c/delay in filing SLP and Office Report)
Date : 22/08/2014 These applications were called on for hearing today.

CORAM : HON’BLE MR. JUSTICE MADAN B. LOKUR
HON’BLE MR. JUSTICE C. NAGAPPAN

For Petitioner(s) Mr. Maninder Singh, ASG
Ms. Rekha Pandey, Adv.
Ms. Indira Sawhney, Adv.
Ms. Sushma Suri, Adv.
For Mr. B. V. Balaram Das ,Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following

ORDER

Delay condoned.
Issue notice.
In the meantime, the operation of the impugned orders shall remain stayed.
Tag with SLP (C) No. 22181 of 2014.
Signature Not Verified

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GRANT MACP ON PROMOTIONAL HIERARCHY – CAT PRINCIPLE BENCH, NEW DELHI

GRANT MACP ON PROMOTIONAL HIERARCHY – CAT PRINCIPLE BENCH, NEW DELHI

CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION GRANT OF MACP ON PROMOTIONAL HIERARCHY:

CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION, DEPARTMENT OF AGRICULTURE AND COOPERATION, FARIDABAD.  THE CASE WAS FILED BY SHRI K S SHARMA, PPO (E)& Ors VIDE OA NO. 2548/2014, MA No. 2167/2014.

Text of judgement reproduced below:-

Central Administrative Tribunal
Principal Bench, New Delhi

OA No.2548/2014
MA No.2167/2014
New Delhi, this the 31st day of  July, 2014

ORDER (ORAL)

Mr. G. George Paracken, Member (J) :-

The applicant has filed this OA seeking the following reliefs :-

(a) to declare the action of the respondents in not granting the scale of Rs.15600-39100 (PB-3) with Grade Pay of Rs.5400 & 6600 as illegal and arbitrary.

To direct the respondents to grant scale of Rs.15600-39100 with Grade Pay of Rs.5400 & 6600 attached to the promotional posts, as 2nd & 3rd financial upgradation to the applicants under MACP from due date with all arrears of pay.

To declare the OM/MACP dated 19.05.2009 as unconstitutional to the extent the same deny the next  promotional scale attached to the promotional post as 1st, 2nd & 3rd financial upgradation as illegal, arbitrary and unjustified and issue appropriate consequential directions.

To allow the O.A. with costs.

Pass such other direction or directions order or orders as this Hon ble Tribunal may deem fit and proper to meet the ends of justice.

2. According to the learned counsel for applicants, this case is squarely covered by an order of this Tribunal  dated 26.11.2012 in OA No.904/2012 Sanjay Kumar Vs. Secretary, Ministry of Defence and Ors.  The operative part of the said order reads as under :-

4. We have heard the learned counsel for the parties.  The issue raised in the OA has already been considered by the Chandigarh Bench of this Tribunal in OA No.1038/CH/2010- Rajpal son of Shri Tilak Ram Versus Union of India and others.

5. In the aforesaid OA, the applicant was working as Photocopier and he was already given 1st Financial Upgradation under the ACP Scheme. According to the applicant, his pay had been wrongly fixed in pay band-1 with grade pay of Rs.2400/- on grant of 2nd Financial Upgradation under the MACP Scheme.  This Tribunal held that the applicant therein was entitled for the 2nd Financial Upgradation in the next hierarchy of posts and not in the next grade pay. The posts of Photocopier and that of LDC/Hindi Typist being isolated posts, not having any promotional avenues, the Chandigarh Bench of the Tribunal made the following observations:-

1.1. We have heard the learned counsel for the parties and considered the documents on record.

1.2. There is no dispute that the applicant is holding the post of Photocopier, which is an isolated post, having no  avenues for promotion.  It is also not disputed that the post held by the applicant had been declared equivalent to the post of LDC/Hindi Typist etc. by the Tribunal as well as the High Court by judicial pronouncements in matters of grant of ACP, which have attained finality and stands implemented also.     Accordingly, applicant was granted Ist ACP (under the old ACP) w.e.f. 9.8.99 in the pay scale of Rs. 4000-6000.

1.3. It has also been settled that the ACP would be  granted on completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typists, and not in the next higher scale in the recommended scales.   The same principle would have to be applicable  in regard to grant of MACP to the applicant.   The only difference is that while  in case of ACP two financial upgradations were granted  on completion of 12 and 24 years of service, in case of MACP, three upgradations on intervals of 10, 20 and 30 years of service.

1.4.         The respondents have placed reliance on para 13 of the MACPS, which reads as under:

13. Existing time-bound promotion scheme, including insitu promotion scheme, Staff Car Driver 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.

Reliance has further been placed on  decision  taken  in the second meeting of the Joint Committee on MACPS held under the Chairmanship of the joint Secretary  DoPT was circulated.   Item No.3 of the Agenda for the said meeting reads as under:

The MACP Scheme provides for placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay after 10,20 and 30 years of service.  On the other hand the earlier ACP Scheme provided for placement to higher pay scale of the next promotion post in the hierarchy of the pay scale after 12 and 24 years of service taken from date of induction in service.

1.5. Be that as it may, the principle enunciated and settled by the Tribunal/High Court for grant of ACP   cannot be changed and  the same principle would apply for grant of MACP to him. The only difference  is of number of years required to be completed.  We find no justification to take a different view in the matter

1.6.   For the foregoing reasons, the impugned order dated 9.8.2010, (Annexure A-1)qua the applicant, fixing his pay in PB-1 with grade pay of FR 2400/- under the second MACP,  and the order dated  10.8.2010 (Annexure A-2 ) are hereby quashed and set aside.  Consequently,  the respondents are directed to grant second financial   upgradation to the applicant   under the  MACPS   from  due date fixing  his pay  in the hierarchy of posts decided in his case earlier and to pay the resultant arrears without interest, within a period of 2 months from the date of receipt of a copy of this order.

1.7. The OA stands disposed of in the above terms.  No costs.

6. The respondents have challenged the aforesaid order before the Hon ble High Court of Punjab and Haryana at Chandigarh in CWP NO.19387/2011 decided on 19.10.2011. The Hon ble High Court of Punjab and Haryana at Chandigarh held that there was no infirmity in the aforesaid order passed by the Chandigarh Bench of this Tribunal. The relevant observations of the said order are extracted hereunder:

Upon implementation of the 6th Central Pay Commission, the scale of Rs.3050-4590/- was kept in pay band-I, Rs.5,200-20,200/- with grade  pay of Rs.1,900/-, the scale of Rs.4,000-6,000/- was also kept in pay band-I with grade pay of Rs.2,400/- and the scale of Rs.5,500/-9,000/- was kept in pay band-II in pay scale of Rs.9,300-34,800/- with grace pay of Rs.4,200/- increased to Rs.4,600/-. In terms of MACP Scheme, respondent no.1 was granted the lower scale by keeping in pay band -I of Rs.5,200-20,200/- with grade pay of Rs.2,400/-.  This was done in terms of order dated 09.08.2010.  Accordingly, respondent No.1 approached the CAT contending that he is entitled to be granted the scale of Rs.5,500-9000/- towards the 2nd Financial Upgradation at par with the post of Hind Typist and LDC.  Such claim of respondent No.1 has been upheld by the CAT in the impugned order dated 31.05.2011.

7. In our considered view, the present OA is squarely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Hon ble High Court of Punjab and Haryana at Chandigarh.

8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. of Personnel & Training, in the case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission.  In the hierarchy after the scale of UDC, the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post  in the hierarchy, namely, the Assistants carrying the pay scale of Rs.9300-34800 and the grade of Rs.4200/-.

9. In view of the above position, this OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34,800/- with grade pay of Rs.4200/- attached to the said promotional post of Assistant/OS from the due date to the applicants. 10. The aforesaid directions shall be complied with within the period of two months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.

There shall be no order as to costs.

3.    He has also submitted that following the aforesaid order,  this Tribunal has passed similar orders in OA No.1493/2014 Indian Ordnance Factories Gazetted Officers Association through its President Shri Brajesh Kumar Singh & others Vs. UOI & Ors, OA No.988/2014 Shri Pradeep Kumar & Ors. Vs. Secretary, Ministry of Information & Broadcasting & Ors,, OA No.864/2014 Shri Om Prakash & Ors. Vs. Secretary (NCERT) & Ors., and OA No.203/2014 Narener Kumar, JE(Civil) Vs. Govt. of NCT of Delhi & Ors. He has further stated that the OA No.864/2014 (supra) has been challenged by the respondents therein before the Hon ble High Court of Delhi vide WP(C) No.3608/2014 but the same was dismissed vide order dated 14.07.2014.

4.  In view of the above position, we dispose of this OA at the admission stage itself with the direction to the respondents  to consider the case of the applicants in the light of the aforesaid orders. If their case is covered by them, they shall also be extended the same benefits under intimation to the applicants.  The aforesaid direction shall be complied with, within a period of two months from the date of receipt of a certified copy of this order.

5. For the sake of convenience of the Respondents, Registry is also directed to send a copy of this OA to them.

( Shekhar Agarwal )                              (G. George Paracken) Member (A)                                             Member (J)

#MACP, #Promotional Hierarchy, #CAT, #Grant MACP, #grant scale, #Grade Pay, #arrears

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MACP on Promotional hierarchy- DoPT ignores appeal of Ordinance Factory Board, Kolkata

Grant of MACP in the higher grade of promotional hierarchy

By Speed Post

Government of India
Ministry of Defence

Ordnance Factory Board
10A, Shaheed Khudiram Bose Road
Kolkata – 700 001.

Sub: OA No.904/2012 – Sanjay Kumar & 18 Ors-V-UOI & Ors. – Grant of MACP in the higher grade of promotional hierarchy

Ref: i) CAT Principal Bench order dated 26-11-2012
ii) OFB I.D. No.01/6th CPC/MACPS/PCC(A/A)(Pt.) dated 16-09-2013
iii) OFB I.D. of even No. dated 27-09-2013 & 28/1/2014.

The issue of grant of MACP in the higher grade of promotional hierarchy, was taken up with MOD vide OFB I Ds cited at ref (2) & (3) pursuant to judgment dated 26/11/2012 in the subject OA. It may be recalled that the subject OA was filed seeking MACP benefit in the higher grade of promotional hierarchy at the instance of order issued by CAT Chandigarh Bench in O A No. 1038/2010 – Shri Tilak Ram –V- UOI & Ors which was upheld by Punjab & Haryana High Court in CWP No. 19387/2011 decided on 19/10/2011. The Special Leave Petition filed before the Hon’ble Supreme Court was dismissed on 15/4/2013.

Attached please find herewith copy of letter No. IOFGOA/NE/SAF/MACP/2013 dated 26/03/2014 received from GS/IOFGOA which has been addressed to DGOF & Chairman copy endorsed to Hon’ble Raksha Mantri and others. The said Association has enclosed copy of judgment in O A No. 864/2014 delivered by Hon’ble CAT Principal Bench on 12/3/2014 where the Hon’ble CAT has directed the following:

“Once an order has been passed by this tribunal and it has also been upheld at the level of Supreme Court, there is no question of waiting for an approval of any Govt. department for implementation of the same”.

A similar representation dated 3/4/2014 received from Staff Side Member, JCM-III level Council quoting the judgment dated 12/3/2014 in O A No. 864/2014 is also enclosed. It may be intimated that several OAs have been filed in different CATs/Courts on the same issue by the employees of this organization and the same are pending.

MOD is requested to convey its decision at the earliest to avoid unnecessary litigations on the issue of grant of MACP in the higher grade pay of promotional hierarchy.

Encl: As above

SD/-
(Smt. Arti. C. Srivastava)
Director/Admin
For Director General Ordnance Factories

Shri Amlan Das,
Under Secretary,
D(Estt/Non-Gazetted),
Room No.340-B,
“B” Wing, Sena Bhavan,
New Delhi-110 011.

Source: http://aiamshq.blogspot.in/2014/06/macp-on-promotional-hierarchy.html

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Grant of grade pay in promotional hierarchy at the time of 1st/2nd Financial upgradation under MACP Scheme

Grant of grade pay in promotional hierarchy at the time of 1st/2nd Financial upgradation under MACP Scheme

    GOVERNMENT TO GO FOR REVIEW ON HIERACHIAL GRADE PAY?

When all Government Servants are anxiously waiting to hear a decision from the Government in regard to grant of grade pay in promotional hierarchy at the time of 1st/2nd Financial upgradation as per the CAT, Principal Bench Judgement, it is given to understand that the government is opting to go for judicial review.  The government instead of implementing the judgement gracefully, which will benefit the employees in general and particularly the employees at lowest rung.

It is a fact that grant of Hierarchical grade pay is detrimental to the interest of employees.  The Hon’ble CAT has rightly observed and opined that any new scheme brought in place of old one should be beneficial than that that of the existing one.  It is quite unfortunate that that the government, instead of sticking to  its guns, should have implemented the judgement as it benefits the employees at lowest rung.

It is high time that the Confederation of Central Government Employees to take up the issue at appropriate level for implementation.  It is pathetic to note that the confederation is not raising its voice even today on any issue pertaining to LDCs.

No one can deny the fact that injustice took place while framing the Grade Pay structure at lowest rung.  Better late than never.  It is appealed to all  leaders to put their minimum effort in implementing the CAT Judgement which will benefit maximum number of employees.

Source : www.airtvadmin.blogspot.in
[http://airtvadmin.blogspot.in/2013/08/government-to-go-for-review-on.html]

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