MACP on Hierarchy: DoPT’s clarification in view of Tribunal/Court Judgement through Railway Board
Railway Board has cited the DoP&T advice in the matter of grant of 3rd financial upgradation on promotion hierarchy under MACP Scheme on the reference made by AIRF:-
AIRF
4, State Entry Road,
New Delhi-110055
Sir,
Sub:- 3rd financial upgradation under MACP Scheme.
The undersigned is directed to refer to AlRF’s letter No.AlRF/MACP/2014 (302), dated 07.10.2014 and to state the matter has already been consulted with DoP&T, the nodal department of Govt. on MACPS, and they have advised as under:
As regards the Order dated 31.05.2011 in CA No. 1038/CH/2010 (Raj Pal vs UOI) of Hon’ble CAT, Chandigarh which was upheld by the High Court and Apex Court, it may be stated that the Apex Court has not considered the issue on merit. The said SLP was dismissed due to insufficient explanation to condone the delay in the filing of the SLP. As regards implementation of CAT Order dated 9.5.2012 in GA No. 141/2012, the administrative Department was advised for implementation for the petitioners only subject to outcome of Review Petition in view of Contempt case. It may also be stated that generally the judgments passed by Hon’ble Tribunals/Courts are applicable/implemented to the specific case, unless there is any direction for similar dispensation to be extended to similarly placed persons. Hence, the above Orders pronounced favoring the applicants by the Tribunal/Courts and implemented on attaining finality or due to contempt or due to any other reason may be taken as exceptions/aberration.
In the matter, DOP&T have advised to maintain status quo with regard to the provisions for grant of MACPS benefits. It may be clarified that financial upgradations under MACPS would continue to be granted in the successive grade pay in the hierarchy of recommended revised pay band and grade pay as given in Section 1, Part-a of the first Schedule of the Railway Services (Revised Pay), Rules, 2008 and not in the promotional hierarchy, where functional promotion are allowed in the same Grade Pay, MACP benefits would also be regulated in the Grade Pay only.
Since, DoP&T is the nodal department on MACP Scheme and financial upgradation under the Scheme are regulated as per instructions/clarifications issued by them from time to time. In view of the above, it is not feasible to deviate from the instructions issued by the nodal deptt. on the subject viz. DoP&T.
[http://www.airfindia.com/Orders%202014/Grant%20of%203rd%20financial%20upgradation%20under%20MACPS.pdf]
Railway Board has cited the DoP&T advice in the matter of grant of 3rd financial upgradation on promotion hierarchy under MACP Scheme on the reference made by AIRF:-
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)
No PC-V/2011/M/3/AIRFMINISTRY OF RAILWAYS
(Railway Board)
New Delhi, dated 13.11.2014
The General SecretaryAIRF
4, State Entry Road,
New Delhi-110055
Sir,
Sub:- 3rd financial upgradation under MACP Scheme.
The undersigned is directed to refer to AlRF’s letter No.AlRF/MACP/2014 (302), dated 07.10.2014 and to state the matter has already been consulted with DoP&T, the nodal department of Govt. on MACPS, and they have advised as under:
As regards the Order dated 31.05.2011 in CA No. 1038/CH/2010 (Raj Pal vs UOI) of Hon’ble CAT, Chandigarh which was upheld by the High Court and Apex Court, it may be stated that the Apex Court has not considered the issue on merit. The said SLP was dismissed due to insufficient explanation to condone the delay in the filing of the SLP. As regards implementation of CAT Order dated 9.5.2012 in GA No. 141/2012, the administrative Department was advised for implementation for the petitioners only subject to outcome of Review Petition in view of Contempt case. It may also be stated that generally the judgments passed by Hon’ble Tribunals/Courts are applicable/implemented to the specific case, unless there is any direction for similar dispensation to be extended to similarly placed persons. Hence, the above Orders pronounced favoring the applicants by the Tribunal/Courts and implemented on attaining finality or due to contempt or due to any other reason may be taken as exceptions/aberration.
In the matter, DOP&T have advised to maintain status quo with regard to the provisions for grant of MACPS benefits. It may be clarified that financial upgradations under MACPS would continue to be granted in the successive grade pay in the hierarchy of recommended revised pay band and grade pay as given in Section 1, Part-a of the first Schedule of the Railway Services (Revised Pay), Rules, 2008 and not in the promotional hierarchy, where functional promotion are allowed in the same Grade Pay, MACP benefits would also be regulated in the Grade Pay only.
Since, DoP&T is the nodal department on MACP Scheme and financial upgradation under the Scheme are regulated as per instructions/clarifications issued by them from time to time. In view of the above, it is not feasible to deviate from the instructions issued by the nodal deptt. on the subject viz. DoP&T.
Yours faithfully,
sd/-
for Secretary/Railway
Source: www.airfindia.comsd/-
for Secretary/Railway
[http://www.airfindia.com/Orders%202014/Grant%20of%203rd%20financial%20upgradation%20under%20MACPS.pdf]
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