Wednesday, November 20, 2013

ACP OR MACP-REGARDING ALLOWING INDIVIDUAL OPTION

ACP OR MACP-REGARDING ALLOWING INDIVIDUAL OPTION
 
ALLOWING INDIVIDUAL OPTION TO CHOOSE EITHER ACPS OR MACPS BY THE EMPLOYEES-REGARDING
 
A copy of the D.O. letter written by the Secretary, Ministry of Urban Development to the Secretary, DOPT for allowing individual option to choose either earlier ACPS or MACPS by the employees is given hereunder.  Shri Moloy Panja of Kolkota has forwarded this letter to this Association.
 
We reproduced the letters and given below for your information...
 

Sudhir Krishna

Ministry of Urban Develepment
Nirman Bhavan, New Delhi-1101

 
Secretary to the Government of India

D.O. No. 55/4/2-13-S&D
Dated 13-08-13
 
Dear Dr.Sayamal,
Issue of redressal of anomalous and disadvantageous provisions of MACPS for the Subordinate Engineering cadre and similarly placed cadres of CPWD has been taken up with DoPT through several proposals since Me very inception of the scheme but none of the proposals has found favour. This has resulted in great discontent to the Subordinate Engineering cadre of CPWD.
 
Above issue was also discussed with you informally on 1.8.2013. It was apprised that individual option to choose either earlier ACPS or MACPS by the employee is the only solution to cater to the concerns of all individuals. A proposal of this Ministry in this regard under consideration in DoPT.
 
As the matter concerns above 6000 subordinate Engineers of CPWD, I would request that they may be allowed to exercise their individual option to choose either earlier ACPS or MACPS. This will not only alleviate the discontent in the cadre but also avoid cropping up of the court cases.
 
With regards
 

Yours sincerely
sd/-
(Sudhir Krishna)

 
Dr. Syamal Kumar Sarkar
Secretary(Personnel)
Department of Personnel & Training
M/o Personnel Public Grievances and Pensions
North Block.
New Delhi
 
 
Sudhir Krishna

Ministry of Urban Develepment
Nirman Bhavan, New Delhi-1101

 Secretary to the Government of India

D.O. No. 55/4/2-13-S&D/8

Dated 01 Oct 2013
Dear Dr. Sarkar,
 
Kindly refer to my DO letter of even No dt. 13.8.2013 in connect:on with redressal of disadvantageous provisions of MACPS for the Subordinate Engineering cadre and similarly placed cadres CPWD.
 
The proposal sent by this Ministry in Jul'2013 for allowing individual option to choose either earlier ACPS or MACPS by the employee is a balanced and just one and caters to the concerns of all individuals.  DoPT must not have any reservation in accepting the same since change of the scheme by the Government should not be to the disadvantage of the individual employee.  
 
Already many court cases for review of the MACPS have cropped in. In this regard, would like to quote a Court Case (OA No. 275/2013) by some Assistant Engineers of CPWD for review of MACPS, draft counter reply to which quoting anomalous end disadvantageous provisions of MACPS was sent to DoPT for vetting. DoPT has not agreed to the reply and intimated that reply should be modified by the administrative ministry mentioning that operation of the both the schemes in the same cadre is against the provisions of MACPS other words individual option to employees to opt for either ACPS or MACPS is not permissible.
 
In this context, I would also bring to the notes that CAT, Chandigarh in OA No. 1038/2010 has allowed grant of financial upgradations under MACP in the promotional hierarchy, which has been upheld by Hon'ble High Court of Chandigarh in CWP 1938712011. Although the the case has not achieved fatality as the SLP had by the Government the in the Hon`ble Supreme Court was dismissed though not on merits but on account of non condonation of delay. Thus by allowing individual option. Government shall be saved of many expected court cases and possible grant of financial upgradations in the promotional hierarchy under MACPS.
 
Discontent in tno cadres is affecting the efficient functioning of the Department.  The problem shall further aggravate, if above proposal of this ministry does not find favour or DoPT in the circumstances would once again request to consider the proposal favourably, for allowing option to choose either ACP or MACPS by the individual.
 
With regards
 

Yours sincerely,
sd/-
(Sudhir Krishna)

 Dr. Syamal Kumar Sarkar
Secretary (Personnel)
Department of Personnel & Training
M/o Persornnel Public Grievances and Pensions
North Block, New Delhi.
 

DoPT has raised objections to the cadre restructuring proposal of the Central Board of Excise and Customs - A PRESS NEWS

 DoPT has raised objections to the cadre restructuring proposal of the Central Board of Excise and Customs  
20/11/2013

The Department of Personnel and Training (DoPT) has raised objections to the cadre restructuring proposal of the Central Board of Excise and Customs (CBEC), delaying a resolution to the acute manpower crisis affecting the indirect tax administration, which is struggling to collect 20% more revenue from central excise, customs and service tax this year from a year ago. CBEC has a revenue target of Rs 5.6 lakh crore this fiscal, 46% of the Centre’s gross tax revenue.

The annual growth in indirect tax collections has come down sharply since 2011-12. It is reckoned that in addition to the economic slowdown, the CBEC’s human resource crunch has also hit the collection drive. CBEC’s demand for more secretary-level posts and field officers to bolster its revenue collection drive is now likely to be referred to a committee of secretaries or to a group of ministers for further review instead of being placed before the cabinet for approval as expected earlier.

With 68,000 personnel at different levels, CBEC has only two thirds of its sanctioned strength at present. The tax research unit (TRU), a vital part of the CBEC, has about 12 vacancies at the moment. Officers said vacancies that arise from retirement are not being filled because the cadre recast proposal aimed at adding another 20,000 personnel was under consideration.

“To meet the fiscal deficit target, it is desirable to raise revenue, not cut productive expenditure. If revenue collection lags, public borrowing goes up,” said a person familiar with the development. The Centre will borrow Rs 4.84 lakh crore (net) this fiscal.

What has triggered a review is DoPT’s questions on the proposal to promote non-IRS officers at the fag end of their career to IRS rank. CBEC had suggested creating about 4,000 temporary assistant commissioner-level posts to be filled by way of promoting group B (non-IRS) officers from the rank below.

Sources told FE that DoPT has pushed for creating more temporary AC posts to be filled through promotions will distort the government of India service rule that 50:50 ratio has to be maintained between directly recruited IRS officers (through the UPSC) and officers promoted from the cadre below.

The proposal was made by the Sixth Pay Commission heeding to the demands of group B non-IRS officers such as superintendents who join the service as inspectors but get only one promotion in their long careers. To avoid stagnation, they wanted the chance to retire as an IRS officer at the level of assistant commissioner.
“If we do not go ahead with the proposal, promotions from group B to group A will get affected. It will affect the aspirations of our group B officers. It is a ticklish issue that has cropped up now. If it goes to a group of ministers, a decision might take longer,” said an official privy to the development, who also held the DoPT’s view as a valid one needing careful handling.

The development is set to delay further the cadre restructuring of CBEC in the wake of the forthcoming national polls ahead of which a model code of conduct will limit the government’s ability to finalise and implement it.

Cadre restructuring proposal for the income tax department has already been notified and delays in the same for CBEC has put the indirect tax administration at a disadvantage. Sources said chief commissioners in the I-T department in large zones are designated as special secretaries now, unlike their counterparts in CBEC.

Also, unlike in the case of CBDT cadre recast, the Cabinet Secretariat had demanded an assurance from CBEC that it would meet the revenue targets for the year. Many field officers believe linking revenue collection performance with the cadre review was unfair. They also point out that senior officials in CBEC get secretary rank after putting in many more years in service than their counterparts in other central services.

Source: http://www.financialexpress.com
[http://www.financialexpress.com/story-print/1194167]

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