Saturday, March 7, 2020

7th CPC Dress Allowance and Grant of Various allowance to Central Government Employees

7th CPC Dress Allowance and Grant of Various allowance to Central Government Employees


7th CPC Dress Allowance and Grant of Various allowance to Central Government Employees

F.No.41-2/2017-PAP
Government of India
Ministry of Communications
Department of Posts
(Establishment Division)
Dak Bhawan, Sansad Marg,
New Delhi -110001.
Dated: 05 March, 2020.

To,

  1.     All Chief Postmasters General/ Postmasters General
  2.     Chief General Manager, BD Directorate/ Parcel Directorate/ PLI Directorate
  3.     Director RAKNPA/ GM CEPT) Directors of All PTCs,
  4.     Addl. Director General, Army Postal Service, R.K. Puram, New Delhi
  5.     All General Managers (Finance)/ DAP/ DDAP

Sub: Implementation of the recommendation of 7th CPC- Grant of Various allowance to Central Government Employees – Dress Allowance – reg.

Sir/Madam,

This is regarding issues raised by the units for the payment of Dress Allowances to the fresh recruits and the persons retiring and have less than one years service.

2. The issue was examined by the committee constituted for the purpose and following recommendations were made for payment of dress allowance on the issue of admissibility of full / part dress allowance on non completion of full year:


(1) On the issue of admissibility of full / part Dress Allowance on non-completion of full one year, the Committee recommends the following stipulations that the Dress Allowance shall be paid in the month of July only:-

  " (i) (In case of Persons Retiring)

    Person retiring after December of the calendar year shall be eligible for full Dress Allowance. Those retiring by December in the calendar year shall be eligible for half of the Dress Allowance.

    (ii) (In cases of Persons newly joining the Department)

    For person joining service during July to December of the previous calendar year shall get full Dress Allowance in next calendar year. Those who join after December will be entitled to half of the Dress Allowance in July of the year.

3. The above recommendation of committee has been accepted by the competent authorized with retrospective effect from 01.07.2017.

Read: 7th CPC Dress Allowance – DoPT Orders

4. It is requested to take necessary action as per the above recommendations and in any case of deviation from the above, the advice of the Directorate may be sought for.

5. This issues with the concurrence of AS & FA vide diary No.190/FA/2019-CS dated 27.02.2020.

Yours faithfully,

(D.K. Tripathi)
Assistant Director General (Estt.)

Inclusion / deletion of KVS Office in the list of existing Hard Stations

Inclusion / deletion of KVS Office in the list of existing Hard Stations


Inclusion / deletion of KVS Office in the list of existing Hard Stations

KENDRIYA VIDYALAYA SANGATHAN
INSTITUTIONAL AREA
SHAHEED JEET SINGH MARG
110 016 / NEW DELHI-110016

F. 11-19/ 2004-KVS (Admn.1)

Date: 04.03.2020

OFFICE – MEMORANDUM

Sub:- Inclusion / Deletion in the list of existing Hard Stations notified vide KVS Office – Memorandum of even number dated 10.10.2011.

The Board of Governors, KVS in its 117th meeting held on 27.01.2020 has approved the inclusion / deletion in the list of existing Hard Stations notified vide KVS Office- Memorandum of even No. dated 10.10.2011.

Accordingly, the number of Hard Stations has increased to 149 (out of which 01 KV, i.e., KIOC Kudremukh, Karnataka is now closed) as against the existing 102 Hard Stations and 26 Very Hard Stations, as is listed in Annexure-I.

This Office-Memorandum may be circulated amongst all the Kendriya Vidyalayas for updating the staff working in the Kendriya Vidyalayas.

Also check: KVS – KV School Admission Schedule for 2020-2021

(Dr. Shachi Kant)
Joint Commissioner(Pers.)

Kendriya Vidyalaya Sangathan
(Admn. -I Section)

Annexure-I

DETAILS OF 149 KENDRIYA VIDYALAYAS DECLARED AS HARD STATION

SL. NO.REGIONAL OFFICENAME OF KENDRIYA VIDYALAYA
1Agra KV Talbehat
2Agra KV AFS Chandinagar, Baghpat
3Ahmedabad KV Dharangadhra (Army)
4Ahmedabad KV AFS Samana
5Ahmedabad KV AFS Naliya
6Ahmedabad KV AFS Bhuj
7Ahmedabad KV BSF Dantiwada
8Ahmedabad KV Okha Port
9Ahmedabad KV Bhuj Cantt.
10Ahmedabad KV DIU
11Ahmedabad KV Valsura
12Bengaluru KV Kudremukh (Now Closed)
13Bengaluru KV Donimalai, Bengaluru
14Bhopal KV Gail, Jnabua
15Bhopal KV NHDC, Narmada Nagar, Bhopal
16Bhopal KV Sarni WCL (Betul)
17Bhubaneswar KV Koraput
18Bhubaneswar KV NAD Sunabeda
19Bhubaneswar KV Bolangir No.1 (OF)
20Bhubaneswar KV Malkangiri
21Bhubaneswar KV Nabrangpur
22Bhubaneswar KV Bhawanipatna
23Bhubaneswar KV Kutra
24Bhubaneswar KV Rayagada
25Bhubaneswar KV Gajapati
26Bhubaneswar KV Khandamal
27Bhubaneswar KV Nuapada
28Bhubaneswar KV INS Chilka
29Bhubaneswar KV Khariar, Distt. Nuapada
30Chandigarh KV Shikarpur
31Chandigarh KV No.3 AFS Bhisiana Bhatinda
32Chandigarh KV Jalalabad, BSF
33Chennai KV Mandapam
34Chennai KV Vijiayanarayanam
35Dehradun KV Uttarkashi
36Dehradun KV NHPC Dharchula
37Dehradun KV Joshimath
38Dehradun KV IVRI Mukteshwar
39Dehradun KV Gwaldom
40Dehradun KV Kausani
41Dehradun KV Lansdowne
42Dehradun KV ITBP Mirthi
43Dehradun KV Pithoragarh
44Dehradun KV Rajgarhi
45Dehradun KV Sourkhand
46Dehradun KV Pauri
47Dehradun KV Gauchar
48Dehradun KV New Tehri Town
49Dehradun KV Augustyamuni
50Dehradun KV Lohaghat
51Dehradun KV Ranikhet, Distt. Almora
52Dehradun KV Gopeshwar
53Dehradun KV Bageshwar
54Ernakulam KV Idukki, Painavu, Kerala
55Ernakulam KV INS, Zamorin, Ezhimala
56Ernakulam KV Kavaratti
57Gurgaon KV Banikhet, NHPC Dalhousie Cantt.
58Gurgaon KV Nadaun
59Gurgaon KV Naleti
60Gurgaon KV Kasauli AFS
61Gurgaon KV Subathu
62Gurgaon KV ITB P Sarahan
63Gurgaon KV Sainj Kullu
64Gurgaon KV Recong Peo
65Gurgaon KV Lahaul Spiti
66Gurgaon KV ARMY Bakloh
67Gurgaon KV NHPC Chamera
68Gurgaon KV No.2 Chamera
69Jaipur KV BSF Anoopgarh
70Jaipur KV Lalgarh Jattan
71Jaipur KV No.1 AFS Suratgarh
72Jaipur KV No.2 AFS Suratgarh
73Jaipur KV Suratgarh Cantt.
74Jaipur KV STPS Suratgarh
75Jaipur KV Nal Bikaner
76Jaipur KV AFS Uttarlai (Barmer)
77Jaipur KV Jalipa Cantt.
78Jaipur KV BSF Dabla
79Jaipur KV Jaisalmer AFS
80Jaipur KV Pokhran BSF
81Jaipur KV Ramgarh,BSF Distt. Jaisalmer
82Jaipur KV BSF Khajuwala
83Jaipur KV (ISA) CRPF, Mount Abu
84Jaipur KV Jaisindhar
85Jammu KV Dul Husti Kistwar
86Jammu KV Badarwah
87Jammu KV Jindrah
88Jammu KV BSF Rajouri
89Jammu KV KV Baramula
90Jammu KV URI
91Jammu KV AFS Awantipur
92Jammu KV Pahalgaon
93Jammu KV Anantnag
94Jammu KV No.1 Srinagar
95Jammu KV No.2 Srinagar
96Jammu KV No.3 Srinagar
97Jammu KV Nubra
98Jammu KV Kargil
99Jammu KV LEH
100Jammu KV BSF Bandipur
101Jammu KV BSF (STC), Humhuma, Distt. Budgam
102Jammu KV Aminoo-Kulgam, Distt. Kulgam
103Jabalpur KV Jamuna Colliery
104Jabalpur KV Dindori
105Jabalpur KV Barkuhi
106Jabalpur KV Sidhi
107Jabalpur KV Dhana, Distt. Sagar
108Kolkata KV Birbhum
109Kolkata KV Panagarh
110Kolkata KV Hasimara
111Kolkata KV Kalimpong
112Kolkata KV Teesta, LDP
113Kolkata KV BinaguriNo.1
114Kolkata KV BinaguriNo.2
115Mumbai KV NAD Karanja
116Mumbai KV Chakur, Distt. Latur
117Patna KV Jawahar Nagar
118Patna KV Mashrakh
119Patna KV Singharshi
120Patna KV Sheohar
121Raipur KV Jhagrakh and SECL
122Raipur KV Jagdalpur
123Raipur KV Chirimiri
124Raipur KV Kanker
125Raipur KV Bailadila (Dantewada)
126Raipur KV Kirandul
127Raipur KV Bacheli
128Raipur KV Jashpur
129Raipur KV Sukma
130Raipur KV Manendragarh
131Raipur KV Narayanpur
132Raipur KV Khairagarh
133Raipur KV Baikunthpur
134Raipur KV Bijapur
135Ranchi KV Latehar
136Ranchi KV Garhwa
137Ranchi KV Meghahatubru
138Silchar KV Lungleh
139Silchar KV TURA
140Tinsukia KV Along
141Tinsukia KV Tull
142Tinsukia KV Khonsa
143Tinsukia KV Longding, Distt. Tirap
144Tinsukia KV Dirang
145Tinsukia KV Tenga Valley
146Tinsukia KV Tawang
147Tinsukia KV Churachandpur
148Tinsukia KV Temenglong ,
149Tinsukia KV Ukhril

Source: KVS

Exemption to employees to mark biometric attendance in Aadhar Based Biometric Attendance System (AEBAS)

Latest DoPT orders 2020

Exemption to employees to mark biometric attendance in Aadhar Based Biometric Attendance System (AEBAS)

F.No.C-13014/1/2020-Vig.
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi
Dated: 06/03/2020

OFFICE MEMORANDUM

Subject: Exemption to employees to mark biometric attendance in Aadhar Based Biometric Attendance System (AEBAS) – reg.

Though only a small number of novel coronovirus (COVID-19) cases are reported in our country but keeping in view the nature of virus, it is a must to take all possible preventive measures to stop spread of virus.

Also check: Revised Rotational Transfer Policy applicable to CSS officers – Latest DoPT Orders 2020 January 27, 2020

It is learnt that most common method of transmission of virus seems to be through infected surfaces. Therefore, it is desirable to avoid touching surfaces, which might be infected due to human touch.

In view of the above, all the Ministries / Departments are requested to exempt their employees to mark biometric attendance in Aadhar Based Biometric Attendance System (AEBAS) till 31st March, 2020. However, all the employees are required to mark their attendance in Attendance register, (as done prior to launch of biometric system), during this period.

Holidays to be observed in Central Government Offices during the year 2020

(Ajay Kumar Singh)
Under Secretary to the Govt. of India
Ph: 23094579

Source: DoPT

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

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


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

Latest clarification on MACP scheme


GOVERNMENT OF INDIA
MINISTRY of Railways
(Railway Board)

S.No.PC.VII/150
No. PC-V/2009/ACP/2

RBE No. 18/2020
New Delhi, dated 04-02-2020

The General Managers
All Indian Railways & PUs
(As per mailing list)

CORRIGENDUM

Sub: Grant of financial upgradation, under MACPs to Jr. Cashier promoted from the post of Sr. Shroff / JAA / Sr. Clerk – clarificationReg.

Ref: Railway Board’s letter of even number dated 30-9-2019 (RBE No. 163/2019)

Para 1 of the letter referred above may be reacd as under:

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

“The issue regarding grant of financial ungradation under MACPS to Jr. cashier by not reckoning their appointment / promotion from Sr.Shroff/ JAA/ Sr. Clerk to Jr. Cashier’s post has been under consideration. Since appointment / promotion from Sr. Shroff / JAA / Sr. Clerk to Jr. Cashier post involves promotion from one cadre to another cadre carrying same payscale / Grade Pay wihout benefit of pay fixation, it has now been decided in consultation with Finance Directorate and Establishment Directorate of Railway Board that regulating MACP benefits to such staff, the appointment from the post of Sr. Shroff / JAA / Sr. Clerk to the post of Jr. Cashier should not be constructed as promotion and, therfore, may not be reckoned for the purpose of grant of financial upgradation under MACPS”

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

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

Hindi version is enclosed.

(Sudha A Kujur)
Dy. Director, pay Commission
Railway Board

New Public & Private Companies Registration for EPFO & ESIC now on MCA portal

Ministry of Labour & Employment
Registration of New Public & Private Limited Companies for EPFO & ESIC now on MCA Portal

06 MAR 2020

As part of the ongoing efforts to improve India’s ranking in the Doing Business Report 2021, The Ministry of Labour & Employment has completed the reform to “Integrate process of registration for GST, EPFO, ESIC and Profession Tax for Maharashtra with company incorporation” in tandem with the MCA.

The reform has been completed by making the registration of new Public, Private Limited Companies and One Person Company for ESIC and EPFO mandatory through the Spice+ and AGILE-PRO eforms of MCA w.e.f., 15-02-2020. Registration for ESIC and EPFO for new companies as above has been stopped on Shram Suvidha Portal from 15.02.2020. A message to this effect is displayed on the Shram Suvidha Portal and the website of Ministry of Labour and Employment www.labour.gov.in as follows:

Also check: EPFO – Revised Transfer Claim Form 13

Registration for EPFO & ESIC for new Public& Private Limited Companies and One Person Company has been stopped on Shram Suvidha Portal from 15.02.2020.

With effect from 15.02.2020, new Public& Private Limited Companies and One Person Company shall get registration number for EPFO & ESIC on MCA portal (www.mca.gov.in) through Spice + and AGILE-PRO eforms) only at the time of incorporation.

However, the above new companies will have to comply with the provisions of EPF & MP Act, 1952, and ESI Act, 1948 when they cross the threshold limit of employment under the respective Acts.

PIB

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


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

 
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

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