Showing posts with label ACP-MACP. Show all posts
Showing posts with label ACP-MACP. Show all posts

Monday, August 18, 2014

Grant of MACP on Promotional Hierarchy - CAT Guwahati

Grant of MACP on Promotional Hierarchy - CAT Guwahati

GRANT OF MACP ON PROMOTIONAL HIERARCHY:
CAT GUWAHATI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO ASSISTANT ENGINEERS OF CPWD. THE CASE WAS FILED BY SHRI NARAYAN KALITA AND 26 ASSISTANT ENGINEERS VIDE OA NO. 040/000052 OF 2014.

By citing the judgments delivered by the Principle CAT, Delhi & High Court Chandigarh on the subject the Hon’ble judges have observed that “ In our considered view the aforesaid judgement rendered by the Chandigarh Bench as upheld by the Hon’ble High Court of Punjab and Haryana as well as judgement passed by the CAT, Principle Bench. In view of the above the present OA is allowed. Respondents are directed to grant scale of pay (PB-3) of Rs. 15,600-39,100+ Grade Pay of Rs. 6600/ attached to the said promotional posts of Executive Engineer from due date to the applicants.

The aforesaid directions shall be complied with within a period of three months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.”

Source: www.aiamshq.blogspot.in
[http://aiamshq.blogspot.in/2014/08/grant-of-macp-on-promotional-hierarchy_16.html]

Thursday, July 17, 2014

NC JCM Staff Side has demanded Grant of ACP to Draftsmen Cadre of Central Government Departments

NC JCM Staff Side has demanded Grant of ACP to Draftsmen Cadre of Central Government Departments

Shiva Gopal Mishra
Secretary
Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E Mail: nc.jcm.np@gmail.com
No. NC-JCM-2014/ACP
July 14, 2014
The Secretary,
Department of Personnel & Training,
North Block, New Delhi
The Secretary,
Department of Defence
Production & Supplies,
D.G.Q.A., D.H.Q, New Delhi
Sub:- Grant of ACP to Draftsmen.

Dear Sir,
I may draw your kind attention to the following judgments of Tribunal / High Court and the Supreme Court:

1. CAT Bombay Bench order dated 28.2.2005 in O.A. No.124/2004 Shri K.M. Khopkar & others Vs UoI.
2. Bombay High Court order dated 11.12.2006 in writ petition No. 5269/2005 Union of India & others Vs K.M.Khopkar
3. Supreme Court order dated 10.7.2007 in Petition for SLP (C) CC5027/2007 Union of India & others Vs K.M. Khopkar.

The Hon’ble CAT Bombay has ruled that the placement irregular scale on the basis of Ministry of Defence letter dated 15.9. 1995 granted to Draftsmen of other Departments in pursuance of CPWD Arbitration award cannot be treated as regular promotion and ACP benefit rightly granted to the applicants cannot be withdrawn.

The High Court Bombay has upheld the above ruling of the CAT Bombay.

The Supreme Court had dismissed the appeal observing that they do not find any merit to interfere in this case.

2. The question is whether all draftsmen of other departments would be granted the benefit of this judgment. They are similarly placed employees and there are several directions of the apex court that in the case of similarly placed employees, a decision given by Courts should be treated as judgment in rem and Government should extend such benefits to all similarly placed employees so that there is no multiplication of litigation in a matter which has already been adjudicated.

3. I, therefore, request you kindly to consider and extend the benefit of above ruling which has already attained finality to all the draftsmen not only working in Department of Defence Production & Supplies but also in all other Central Government Departments.

4. Action Taken on this matter may kindly advice to us.

Thanking you,

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Source: www.ncjcmstaffside.com
[http://ncjcmstaffside.com/2014/nc-jcm-staff-side-has-demanded-grant-of-acp-to-draftsmen-cadre-of-central-governement/]

Monday, June 30, 2014

Additional Demands proposed by IRTSA for inclusion in the Memorandum to 7th CPC by JCM Staff Side

Additional Demands proposed by IRTSA for inclusion in the Memorandum to 7th CPC by JCM Staff Side
GENERAL DEMANDS OF CG EMPLOYEES & PENSIONERS FOR SEVENTH CPC FOR CONSIDERATION OF JCM STAFF SIDE & GS AIRF
MACPS
1. Improved Modified Assured Career Progression Scheme (MACPS) – with a financial upgrading after every 8 years of service – with consequential benefits of higher Grades – to provide adequate motivation and to ensure optimum efficiency.
2. MACP on promotional hierarchy instead of Grade Pay hierarchy as per judgment of various Courts.
ALLOWANCES
3. Treatment of Dearness Allowance as Pay whenever the Cost of Living Index exceeds 50% over the Base Index at which the Pay Scales are prescribed and may please be counted for all purposes – including for calculation of all Allowances and Retirement Benefits etc.
4. Periodical revision of H.R.A. to compensate for rise of Rents.
5. Counting of D.A. for grant of H.R.A or D.A. be treated as D.P. after (every) rise of 50% of Price Index to compensate for escalation of Rents.
6. Reduction in Rate of Interest on House Building Advance (HBA) – to 4% to 5% as in the Financial Institutions and Public Undertakings like Banks and LIC etc.
7. Increase of Amount of HBA periodically to keep pace with rise of cost of land and construction.
8. Reduction in Rents for Government accommodation – which have been substantially increased over the years, putting the employees in great hardship. Raising Rent for Railway Quarters should be stopped specially for the over 30 years old houses for which the Government had already recovered the cost many times over.
9. Increase in Housing satisfaction level to atleast 50% in case of Non-Technical Staff and 100% in case of Technical Staff and Engineers – keeping in view exigencies of their service.
10. Rural Area and Sub-Mountainous Area Compensatory Allowance be paid as available in some of the States to the Employees posted in such areas respectively to compensate for higher cost of living in these areas on account of inadequate transportation and infrastructural facilities and increased dependency on urbanized areas due to change of Socio-Economic conditions.
11. Disturbed Area Allowance: Disturbed Area Compensatory Allowance be paid to Employees posted in areas which are disturbed due to unstable Law and Order situation, terrorist activities or intense Army / Police action to maintain the Law and Order etc.
12. Special / Additional Insurance Cover for the Employees posted in Disturbed / Border areas.
13. Over Time Allowance for actual number of extra hours put in due to exigency of work, be allowed, irrespective of the category or pay range – both under the Factories Act and the Hours of Employment Regulations etc.
14. Removal of limits of admissibility for National Holiday Allowance, All the employees be allowed the N.H.A as and when they are essentially required to attend to the work on National Holidays, due to exigencies of work and to keep the trains and systems running.
15. Rates of TA / DA and Mileage / Conveyance Allowance be adequately enhanced and the same be linked with Price Index and Dearness Allowance should be counted for determining the rates of TA / DA admissible to the Employees on tour – Periodic revision of TA/DA.
16. Grant of adequate FMA (Fixed Medical Allowance) to at least Rs.2500 PM as per average expences per patient per month on OPD Treatment under CGHS and periodical revision thereof for day-to-day Medical Treatment to employees & Pensioners posted & residing in far flung areas – away from CGHS Dispansories & Railway Hospitals.
17. Free Treatment of Central Government Employees, including Railways Employees & Pensioners in Specialised Government Hospitals like AIIMS / NIMS / NIMHANS / JIPMER / CMC / PGI – especially, since these Hospitals are run by the Union Government.
18. Empanelment / recognition of more Specialised Private Hospitals for Treatment of Central Government & Railway employees & Pensioners – on Cashless Billing system in Emergency and on Reference by CGHS / Railway Doctors.
19. Revision of Incentive for acquiring higher Profesional qualifications (not revised after Sixth Pay Commission.
BONUS / PLB CEILING LIMIT
20. Removal of unfair & unjust wage ceiling limit of Rs.3500 for payment of Productivity linked Bonus
21. Weightage for Night Duty Allowance ( NDA ) be given for hours of Duty between Sunset to Sunrise ( i.e from 6 PM to 6 AM instead of from 10 PM to 6 PM – at present).
LEAVE
22. Abolition of limit on maximum accumulation of leave as had been done in case of many of the State Government Employees OR Limit of accumulation of Leave may be raised to 15 months (450 days), to improve Attendance in the Offices and Industrial Establishments.
23. Encashment of Leave be allowed during service – without restriction.
24. Half a Day’s L.A.P / Earned Leave be allowed to attend to the exigencies to avoid wastage of full day’s leave when not required – particularly if there is no Casual Leave to the credit of an Employee.
25. Commutation of Half Pay Leave may be allowed without Medical Certificate, in case of emergency.
26. Restoration of 12 days of Casual Leave – unjustly curtailed after 5th CPC..
27. Prefix or Suffix Casual Leave with other type of Leave
28. Accumulation of Casual Leave may be allowed and the un-availed Casual Leave in a calendar year be credited to the Earned Leave Account, as permitted in some States and some Public Undertakings (like L.I.C. etc.).
29. Exclusion of Sundays and holidays during counting of no. of days in case of leave availed as LAP.
 
ADVANCES
30. Adequate quantum of advances as per market rates and periodic revision thereof – irrespective of Pay or Scale of Pay – including House Building Advance, Vehicle Advance, Festival Advance, Computer Advance, Furniture & Household effects Advance etc.
31. Advance for suitable type of cloth and stitching charges, to get the Uniforms stitched properly. The previous Pay Commissions had also recommended the grant of this facility, but it had not been properly implemented
32. Vehicle Advance: Limit for Vehicle Advance should be increased to Rs. 80000/- for Motor Cycle & Scooter; Rs. 6 Lakhs for Motor Car, and Rs. 8000/- for purchase of a Bicycle. This limit should be revised from time to time according to the rates of the vehicles in the market.
 
GROUP INSURANCE
33. Amount of Group Insurance cover should be enhanced to at least Rs.15 lakhs in view of heavy inflation as per New Scales of Pay proposed by the Pay Commission.
INCENTIVE FOR SMALL FAMILIES
34. Incentive Increment for Family Planning for promoting Small Family Norms should be paid as per New Scales of Pay both to those who had adopted Family Planning Norms prior to the Pay Commission as well as to those who adopt them later on and the same should be counted for all purposes as done earlier.
 
INCOME TAX
35. Exemption of all allowances from Income Tax (including DA, HRA & Transport Allowance etc.) – as recommended by Fifth Pay Commission.
36. Raising of Exemption Limit for Income Tax to Rs. 5 Lakhs for Salaried Class, Rs. 7 Lakhs for Senior Citizens and Rs. 10 Lakhs for those above 80 years;
37. Linking of Exemption Limit of Income Tax with inflation and annual revision thereof accordingly.
 
DEMANDS OF PENSIONERS
38. Demands of Pensioners proposed to be added, are attached herewith please .
 
DEMANDS OF PENSIONERS
 
FOR SEVENTH CENTRAL PAY COMMISSION FOR CONSIDERATION OF JCM STAFF SIDE & GS AIRF PENSIONARY BENEFITS
1. Full Parity of Pension to Pre & Post 2006 Pensioners with Post 7th CPC Pensioners – retiring from the same post.
2. Full Pension after 20 years of Service to Pre 2006 Pensioners – at par with Post 2006 Pensioners.
3. Proportionate Pension for less than 20 years of service for Pre 2006 as for Post 2006 Pensioners
4. Full Pension @ 65% of pay plus D.A. last drawn or average of last 10 months pay – whichever is higher -– after 20 years service. Restoration of commuted value of Pension in 12 years – as recommended by Fifth Pay Commission and as the amount gets recovered in less than 12 years – with interest thereon, on reducing balance.
5. Pay last drawn or average of last 10 months (whichever is higher) plus full D.A. last drawn for grant of Death-Cum-Retirement Gratuity / Special Contribution to Provident Fund.
 
6. Rates of Family Pension may be revised as under :-
Proposed Family Pension Per Month
On death in Harness On death between 60 to 67 years of age. After limits indicated in columns 2 and 3
80% of last pay drawn as Family Pension for 10 years (if the Employee had survived) Full Pension as Family Pension for 10 years (if the Employee had survived) 80% of Normal Pension if Employee had survived (with minimum FP being Minimum Wage less 20%)
 
7. NPS: New Pension Scheme should be withdrawn for Post 2004 appointee Central Government / Railway employees and they should be covered under the existing Pension Scheme.
8. Gratuity: One month’s pay plus D.A. last drawn or average of last 10 months – whichever is higher as Death-Cum-Retirement Gratuity / Special Contribution to Provident Fund, instead of half month’s pay for each year of qualifying service as at present.
9. Ex-gratia Pension of at least Minimum Pension/ Minimum Wages to the surviving PF Optees.
10. Option to PF Optees: One time Option to all PF Optees to join Pension Scheme by refunding Contributed Provident Fund with interest thereon.
11. Additional Pension / Family Pension: 10% Additional Pension should be granted every 5 years from the age of 65 to 75 years; 20% every 5 years from 80 years onwards and 100% after 90 years of age – to meet with additional expanses on Medicines, health care and other exigencies of old age. (Recommendation of Sixth Pay Commission for grant of 100% additional Pension after 100 years of age was illusionary and unjust in view of far lesser prevailing life expectancy).
10% additional Pension/Family Pension after 65 years of age,
20% Additional Pension/Family Pension after 70 years of age 30 % additional Pension/Family Pension after 75 years of age, 50% additional Pension/Family Pension after 80 years of age,
70% additional Pension/Family Pension after 85 years of age and 100% additional Pension/Family Pension after 90 years of age
12. House Rent Allowance to Pensioners: Pensioners should be granted the House Rent Allowance as granted to serving employees – since most Pensioners are unable to build a House due to exorbitant rise of land & property.
13. Re-employment in appropriate fields to utilize valuable experience and expertise of suitable and talented Technical, Professional and Specialised Personnel against Supernumerary posts – through a suitable mechanism of selection – as required – without any favour or bias.
 
MEDICAL ALLOWANCE & TREATMENT
14. Grant of adequate FMA (Fixed Medical Allowance) and periodical revision thereof for day-to-day Medical Treatment to employees & Pensioners posted & residing in far flung areas – away from CGHS Dispensaries & Railway Hospitals.
15. Fixed Medical Allowance (FMA) to Pensioners and Family Pensioners be increased to at least Rs.2500 PM (with periodic revision thereof) for outdoor treatment – where no such facility is available nearby.
16. Waiver or at least adequate reduction of Contributions by the Pensioners / Retiring Employees for CGHS & RELHS (Railway Employees Liberated Health Scheme) – with balance contribution by the Government / Railways – keeping in view the true spirit of Social Responsibility towards the Pensioners – as defined by the Apex Court in Nakra’s Case.
17. Free Treatment of Central Govt Employees, including Railways Employees & Pensioners in Specialised Government Hospitals like AIIMS / NIMS / NIMHANS / JIPMER / CMC / PGI – especially, since these Hospitals are run by the Union Government.
18. Empanelment of more specialised Private Hospitals for Treatment of Central Govt. & Railway Pensioners – on Cashless Billing system in Emergency and on Reference by CGHS / Railway Doctors.
 
INCOME TAX
19. Exemption of all allowances – including DA/DP – from Income Tax – as recommended by Fifth CPC.
20. Raising of Exemption Limit for Income Tax to Rs. 5 Lakhs for salaried Class.
21. 50% tax rebate to the Senior Citizen between 60 years and 65 years, 75% tax rebate for senior citizens above 65 years and 100% after 80 years of age.
22. Exemption of Fixed Medical Allowance (FMA) from Income Tax – as it is a reimbursement of expenses for day-to-day Medical Treatment.
 
INTERIM RELIEF & PERIODICITY OF REVISION
23. Grant of Interim Relief of at least 40% of the Pay/Pension + D.A to all Central Government Employees & Pensioners w.e.f 01.01.2014 – pending finalization & implementation of of recommendations of the Pay Commission, to mitigate the sufferings of the employees and Pensioners – to compensate them, at least partially, for the large-scale erosion of their Pay / Pensions due to heavy inflation and long gap between two successive Pay Commissions.
24. Merger of 100% DA/DR with Pay & Pension w.e.f. 1-1-2014.
25. Continual Revision of Wages at least every 5 years (like all PSUs) OR whenever the Dearness Allowance rises above 50 per cent.
 
Harchandan Singh
 
Source: www.irtsa.net
[http://www.irtsa.net/pdfdocs/Additional_Demands_for_Inclusion_in_JCM_Memorandum_to_7th_CPC.pdf]

Thursday, May 8, 2014

Implementation of 2nd & 3rd upgradation under MACP Scheme in Railways – AIRF

Implementation of 2nd & 3rd upgradation under MACP Scheme in Railways – AIRF

AIRF urged to Railway Board to stop recoveries from the employees, due to messy implementation of 2nd & 3rd upgradation under MACP Scheme…

AIRF writes to Railway Board regarding to deny to eligible employees granting of 2nd & 3rd upgradation under MACP Scheme in Railways with appropriate orders and illustrations.

He said in the letter, “The Board are therefore, requested to further look into the matter in totality, as this would undo the provision already made vide Railway Board’s letter dated 10/6/2009 & 29/12/2011, resulting in a lot of recoveries from the staff in case of whom the MACPS has been implemented in terms of Railway Board’s letter under reference at S.No-1.

This issue may be discussed with AIRF threadbare, so that there is no contradiction creating confusion in implementation of MACPS prevailed over Indian Railways and recoveries, if any being initiated on this account in any Zonal Railway, may be stopped till finalization of this issue.

Source : AIRF LETTER

Wednesday, April 9, 2014

5th CPC had ACP, 6th CPC had MACP; what does 7th CPC have?

5th CPC had ACP, 6th CPC had MACP; what does 7th CPC have?
 
Assured Career Progression (ACP) is a boon to employees who have been suffering without promotions for years.
 
Employees who got their jobs towards the end of 1960s had to face countless hurdles. One of them was the problem with promotions.
 
There were many who didn't get any promotions for 30 years. Countless others retired without getting a single promotion in their careers.
 
To put an end to this, all the Federations fought together and made the Government to implement the ACP (Assured Career Progression) promotion scheme. It enabled the employees, who didn't get any promotion for 12 and 24 years, to get one or two promotions respectively. A number of employees benefited from this.
 
These promotions were given to the employees based on their ‘Promotional Hierarchy’. This was introduced in the 5th CPC and continued to be enforced until 31.08.2008.
 
In the 6th CPC, MACP was introduced instead of ACP. Though both were almost the same, there were some differences. These differences created a lot of confusions.
 
The special feature of MACP was that instead of 12 and 24 years, it ordered promotions for employees who weren't given any career advancements in 10, 20 and 30 years.
 
The promotions given under MACP were not in accordance to the ‘Promotional Hierarchy’. Instead, they followed the ‘Grade Pay Hierarchy’. This was the biggest drawback of MACP.
 
Getting promotions for a raise of Rs 100 or 200 remained unacceptable for many. Finally, one could say that MACP earned the anomaly of being dragged to the court the most number of times.
 
This is also one of the features that are creating the most expectations this time. Let us wait and see what changes the 7th CPC makes in this.

[http://90paisa.blogspot.in/2014/04/5th-cpc-had-acp-6th-cpc-had-macp-what.html]

What is the Necessity for MACP to Emulate ACP’s Promotional Hierarchy?

What is the Necessity for MACP to Emulate ACP’s Promotional Hierarchy?
 
For a number of years, Federations have been demanding that employees who had not been given promotions for 10, 20 or 30 years be given promotions or upgradations by MACP (Modified Assured Career Progression Scheme) on the basis of their respective Promotional Hierarchy. The Government refused to oblige by stating very clearly in the 6th CPC that promotions will be given only on the basis of Grade Pay Hierarchy. 
 
There are no such recommendations in the ACP Scheme (Assured Career Progression Scheme), which was introduced by the 5th CPC. In fact, there was not even a Grade Pay format in its Pay Structure. There was also no usage of ‘Hierarchy’ in it. A lot of confusion was created after the introduction of the Grade Pay Structure by the 6th CPC. Two distinct hierarchies were created – Promotional Hierarchy and Grade Pay Hierarchy. 

Promotional Hierarchy is based on the pay structure depending upon the employee’s grade and department. Two employees with similar designations and ranks, but in different departments, will notice this difference. This is not applicable to everybody.
 
On the other hand, Grade Pay Structure is common for all. This is the reason why there are differences between an employee who gets promotions under the regular system and one who gets promotion under MACP. In order to rectify this discrepancy, a number of employees had approached the courts and had succeeded. 
 
This would become clearer with this example: 
 
Let us assume that an LDC employed with a Central Government office under a promotional hierarchy of 1900-2400-4200. Regular Promotion is given on this basis only. 
 
If the employee has not been given a promotion for 10 years, then, instead of the next Grade Pay of Rs. 2400, he will be given a grade pay hike of Rs. 2000. Instead of Rs. 4200 Grade Pay, he will be given Rs. 2800. This is the reason for all the confusion. 
 
But, the point to be observed here is that it was granted on the basis of Promotional Hierarchy, introduced by the ACP of the 5th CPC. 
 
Let us also look at the explanation given by the Government. 
Only those who haven’t received any promotion for 10 years are given promotions or upgradations under MACP.  Pay fixation is done based on 3% increment and the differences between Grade Pay. If the employee gets a regular promotion a month after getting pay fixation, then, the difference in the Grade Pay will be calculated on the basis of his entitlement and given immediately. The intention of the scheme was to remove the anguish of the employees who weren’t given any promotion for more than 10 years.

 
[http://90paisa.blogspot.in/2014/04/macp-benefits-on-basis-of-promotional.html]

Monday, April 7, 2014

Clarification on ACP / MACP to Ordnance Labourers

INDWF publishes an order issued by the Department of Defence Production regarding the issue of upgradations under ACP and MACP in Ordnance Establishements for the posts of Unskilled (Labourers) and Semi Skilled Workers...
ACP / MACP to labourers - reg.
Ministry of Defence
Department of Defence Production
D(Estt./NG)
Sub: ACP / MACP to labourers - reg.
Reference OFB proposal No.800/ACP/MACP/A/I/551
dated : 23.08.2013
The issues involved on the above subject mentioned above had been examined in consultation with D(Civ), Defence(Finance) and DOP&T, DOP&T in the matter has advised in the following manner :
2. Consequent upon implementation of recommendations of 6th CPC, the posts of Unskilled (Labourers) and Semi Skilled Workers have been merged in PB-1 with GP Rs.1800/- (after imparting training) with designation as Tradesman Mate. In case of Tradesman Mate who had completed 30 years of service as on 01.09.2008, would be entitled for financial benefit under MACPS. Hence the following categories of employees are eligible for financial upgradation under ACP/MACPS :
(i) Employees completing 12 years of service upto 31.08.2008 - 1st ACP in GP Rs.1900/-
(ii) Employees completing 24 years of service upto 31.08.2008 - 2nd ACP in GP Rs.2400/-,
(iii) Employees completing 30 years of service as on 31.08.2008 - 3rd MACP in GP Rs.2800/-.
3. The posts of Unskilled (labourers) and Semi-skilled workers which are placed in the Grade Pay of Rs.1800/- have been merged to the post of Tradesman Mate. Para 5 of MACPS provides for ignoring of promotions earned/upgradations granted under ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts as a part of the 6th CPC recommendations, Guidelines with regard to grant of financial upgrdations under MACPS, Including that of para 5 of Annexure-1 of MACPS with regard to ignoring of past promotions ACPs granted in the pre-revised pay scales which are now merged in to the same GP, are effective from 01.09.2008 only. Accordingly, thre is no question of grant of 1st ACP to employees completing 12 years of service upto 31.08.2008 in the GP of Rs.1900/- and 2nd ACP on completion of 24 years of service upto 31.08.2008 in the GP Rs.2400/-.
4. So fare as the case of grant of 3rd MACPS benefits to the employees at category (iii) at para 2 above, it may be stated that ACP Scheme has been replaced by MACPS w.e.f.01.09.2008. Fulfillment of prescribed promotional norms including passing of Trade Test has been dispensed with for grant of financial upgradations under MACPS, In consultation with DOE, as MACPS upgradations are granted in the hierarchy of Grade Pay as prescribed in the CCS(RP) Rules, 2008, instead of promotional hierarchy. However, "Benchmark" as prescribed in para 17 of MACPs is mandatory.
5. Thus, para 4 above amply clarifies that for grant of MACPS upgradations which come into effect from 01.09.2008, passing of Trade Test is not mandatory.
6. OFB may take note that of the above clarification given by DOP&T in the matter to deal with all such cases relating to grant of ACP/MACP benefits to the eligible Labourers/Workers.
sd/-
(Amaian Das)
Under Secretary.
Source: INDWF

Monday, March 31, 2014

INDWF writes to DGOF and Chairman of OFB to grant third MACP to MCM in Ordnance Establishments

INDWF writes to DGOF and Chairman of OFB to grant third MACP to MCM in Ordnance Establishments

Framing of Recruitment Rules for the post of Master Craftsman (MCM) and Chargeman both in the same GP of Rs.4200/-
INDWF/RRs/MCM/2014
Date 18.03.2014
To
DGOF & Chairman
Ordnance Factory Board,
Ayudh Bhawan,
10A, S.K.Bose Road,
Kolkatta 700 001.
                                              
Kind Attention to Director/IR
          
Sub: Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendation of 6th CPC- framing of Recruitment Rules for the post of Master Craftsman (MCM) and Chargeman both in the same GP of Rs.4200/-
          
Ref: (i) MOD ID No.11 (5)/2009-D (Civ-I) Dated 23rd January, 2014.
(ii) OFB Letter No.NGO/Cadre Review/A/GB/10 Dated 03.03.2014

Sir,        
We are in receipt of the copy of OFB letter cited under reference (ii) above alongwith M of D letter dt 23.01.2014 regarding framing of Recruitment Rules for the post of Master Craftsman (MCM) and Chargeman both in the same Grade Pay of Rs.4200/-.
          
Since Defence Finance and DOP&T have not agreed to grant 3rd MACP to MCM on completion of 30 years of regular service on the reasons that the feeder grade and promotion grade stands remain in the identical Grade Pay.  Further, it was also not agreed to grant one increment on their re-designation from MCM to Chargeman (T).  Based on this refusal, DOP&T suggested to M of D to create separate channel for promotion to MCM and Chargeman (T) and accordingly a model proposal was suggested by M of D and circulated to all Directorates and Federations asking views and comments for further action.
          
While forwarding the model proposal by OFB vide your letter Dt 03.03.2014 to all Ordnance Factories, you have mentioned in para (3) giving your views about the changes and its functional implications and impacts on the career prospects of other categories.
          
Giving your proposals and impacts on the changes on model proposal it appears that OFB is having prejudice on the matter which shows that OFB itself is not interested in agreeing to the views of M o D.
         
We therefore, are totally oppose to the comments of OFB mentioned in your letter, whereas INDWF is firmly support to the proposed model of M of D which will be benefited to the organisation as well as to the individuals.

  
a)    MCM till they become JWM will continue to work as workman by which we shall be getting their services of workmen (MCM) to work.
 b)    Chargeman (T) all will be with the background of having Diploma both through DR & LDCE.
 c)    The prospects of promotion of Chargeman will not affect at any cost to others.
 d)    The MCM can become only after 25 to 30 years of service only at the end of their long service.

Therefore, the model proposal may please be accepted and a favourable decision may please be forwarded to M of D so that MCM can be considered for 3rd MACP.
Yours Sincerely,
(R.SRINIVASAN)
General Secretary.
Source: INDWF

Grant of MACP benefit to the eligible employees in the hierarchy of promotional grade: Compliance of CAT Principal Bench Directive on 12.03.2014 in OA No. 864/2014 - BPMS

Grant of MACP benefit to the eligible employees in the hierarchy of promotional grade: Compliance of CAT Principal Bench Directive on 12.03.2014 in OA No. 864/2014 - BPMS

BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in

REF: BPMS / MACPS / 64 (7/3/M)
Dated: 31.03.2014
To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi - 110011

Subject: Grant of MACP benefit to the eligible employees in the hierarchy of promotional grade: Compliance of CAT Principal Bench Directive on 12.03.2014 in OA No. 864/2014.

Respected Sir,
With due regards, I would like to draw your kind attention on the subject wherein the issue of grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay is being demanded & discussed by this Federation at every forum.

 It has now been brought to our notice that an affected employee had challenged the Government’s decision on grant of MACP benefit in the hierarchy of promotional grade vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the prayer of the petitioner and directed the authorities to grant MACP benefit in the hierarchy of promotional grade. Thereafter, the Union of India represented by the Secretary, DoP&T appealed to the Hon’ble High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal of the DoP&T was subsequently dismissed vide order dated 19.10.2011. The Government thereafter approached the Hon’ble Supreme Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the said SLP.

Recently, CAT Principal Bench has issued direction on 12.03.2014 in OA No. 864/2014 that once an order has been passed by this tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same.

In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only.

As such, you are requested to kindly issue necessary directives to all units under your jurisdiction to implement the same immediately.

Thanking you.

Sincerely yours
(MUKESH SINGH)
Secretary
Source : BPMS

Wednesday, March 19, 2014

REGULAR PROMOTION – MACP UPGRADATION – PAY FIXATION

REGULAR PROMOTION – MACP UPGRADATION – PAY FIXATION

 Recently, a reader’s query was published in Swamy’s News publication.

“After getting one promotion under ACP or MACP, and a subsequent regular promotion, will the employee qualify for another pay fixation?” This was the question’s summary.

An employee is given promotion under MACP only if he/she didn’t get any, under Regular Promotion. The pay is fixed based on 3% increment and Grade Pay difference. So, when regular promotion is given, the pay is revised only if there is a difference in the grade pay.

If another pay fixation is given, it would only result in confusion between Seniors and Juniors.

Let us assume that an employee named X gets a hike in basic pay from Rs. 2800 to Rs. 4200, after a regular promotion.
His Basic pay 12200 + 2800 = 15000
After promotion 15450 + 4200 = 19650

His junior, an employee named Y, gets a promotion from Rs. 2800 to Rs. 4200 under MACP.
His Basic pay 12200 + 2800 = 15000
After MACP 15450 + 4200 = 19650
Incase of getting regular promotion, no change in basic pay and no need of pay fixation.

If a second time pay fixation is given, then the Junior will draw a bigger salary than the Senior.

Source: www.7thpaycommissionupdates.blogspot.in
[http://7thpaycommissionupdates.blogspot.in/2014/03/regular-promotion-macp-upgradation-pay.html]

Wednesday, January 8, 2014

Postal Department Orders - Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

Postal Department Orders - Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

File No.4-7/ (MACPS)/ 2009-PCC
Ministry of Communications & IT
Government of India
Department of Posts
Pay Commission Cell
Dak Bhawan, Sansad Marg,
New Delhi-110001
Dated 24 Dec 2013.
To,
All Head of Circles,
All Postmaster Generals,
All Directors of Accounts

Sub: – Clarification on reckoning of period of “Dies non” while & granting ACP / MACP to officials.

The issue of counting the period of “Dies non” for the purpose of ACP / MACP was raised in JCM (DC). The issue was examined in consultation with DoPT. The Nodal Department has clarified the issue vide DOFF ID NO. 78961/13/CR dated 14.11.13 as below:-

“Regular service for the purpose of grant of financial upgradations under MACPS includes all period spent, on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority. In terms of Government of India decisions relating to ” Treatment of willful absence from duty given under Rule 25 (leave) of CCS (Leave) Wes, 1973, the period of absence not covered by grant of leave shall have to be treated as “dies non” for all purpose, viz increment, leave and pension. Though the.period of dies non does not constitute break in service, but only the day (s) treated as dies non are not counted as duty for any purpose. Dies non is only a concession for permitting the beneficiary thereof to have subsequent service in continuation of the period of service before the beneficiary proceeded on unauthorized. absence.

“Accordingly, it is clarified that dies non period will not be counted as regular service for the purpose of grant of financial upgradation under ACP/MACP Schemes”.

2. Contents of this letter may please be circulated to all concerned.
sd/-
(Surinder Kumar)
Assistant Director General (GDS/PCC)
Source: www.nfpe.blogspot.in
[http://nfpe.blogspot.in/2014/01/clarification-dies-non-not-to-be.html]

Monday, January 6, 2014

Grant of financial upgradation under MACP scheme-wrongful clarification issued by Railway Board - NFIR Letter

Grant of financial upgradation under MACP scheme-wrongful clarification issued by Railway Board - NFIR Letter
 
NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI -110 055
 

No.IV/MACPS/09/Pt.7

Dated: 03/01/2014

The Member Staff,
Railway Board,
New Delhi
 
Dear Sir,
Sub: Grant of financial upgradation under MACP Scheme - wrongful clarification issued by Railway Board - reg.
 
Ref: (i) Railway Board's letter No.PC-V/2009/ACP/2 dated 13/12/2012.
(ii) NFIR’s letter No.IV/MACPS/09/Pt.6 dated 20/01/2013.
(iii) Railway Board’s letter No. PC-V/2011/M/4/NFIR dated 05/03/2013.
(iv) Railway Board’s letter No.PC-V/2009/ACP/7/SCR dated 05/03/2013.
 
NFIR vide its letter dated 30/01/2013 had invited attention of the Railway Board (MS) to clarification issued by the Railway Board vide letter dated 13/12/2012 and illogically upheld further vide letter dated 05/03/2013. In its letter dated 30/01/2013, while explaining rule position in detail, Federation had demanded meeting at the level of Railway Board (MS) considering its wider implications and the inappropriate stand taken by the Railway Board, besides keeping in abeyance the implementation of instructions dated 13/12/2012.

Unfortunately, Railway Board did not take any action despite Railway Board (MS) verbal assurance. The wrong stand taken by the Railway Board on the issue has resulted into affecting undue recoveries from the salaries of staff on some Zonal Railways creating deep sense of resentment among them who are now feeling aggrieved and agitated.
 
2. In this connection, NFIR wishes to invite once again the kind attention of the Railway Board (MS) that the clarification dated 13/12/2012 allows financial upgradation under MACPS under promotional /cadre hierarchy whereas the MACP Scheme permits granting financial upgradation in Grade Pay hierarchy and is admissible upto GP Rs. 12000/- in PB-4.
 
This proves the contention of the Federation that the said clarification is grossly erroneous as the same is against the policy guidelines on MACPS and may not withstand judicial scrutiny.
 
3. Apart from above. NFIR wishes to bring to the notice of Railway Board (MS) following additional facts for kind information and necessary action:-
 
That the Ministry of Health & Family Welfare, Nirman Bhawan, New Delhi vide O.M. No.Z2901171/2012-N dated 11th April 2013, which is the nodal ministry in sofar as para-medical stall are concerned has permifted financial upgradation in PB-3 with GP Rs.6600/- to the nursing staff pursuant to the judicial scrutiny of the issue at the level of Supreme Court.
 
That the Federation is shocked to know from many Zonal Railways that based on Railway Board’s clarification issued on 13/12/2012 recoveries from all similarly placed stall, including para-medical stall has since begun and the staff are being put to totally disadvantageous position.
 
4. Federation further wishes to clarify that the O.M. dated 11th April 2013, should be implemented mutatis-mutandis in favour of railway employees who are similarly situated as any action contrary to the said O.M. will be contempt the orders of Apex Court.
 
NFIR. therefore, requests the Railway Board (MS) to immediately withdraw the clarification issued under letter dated 13/12/2012, as requested earlier and issue suitable instructions to all General Managers etc.. not to affect recoveries. Federation is, however, ready to discuss the issue at the level of Railway Board (MS). Federation may be kept advised of the action taken.
 

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

 
Source: NFIR

Friday, December 27, 2013

Maximum age limit for recruitment of Ex-servicemen in the Public Sector Banks/Financial Institutions

Maximum age limit for recruitment of Ex-servicemen in the Public Sector Banks/Financial Institutions
Guidelines on reemployment of Ex-servicemen in Public Sector Banks/Financial services have been issued vide the Ministry of Finance, Department of Economic Affairs (Banking Division) (Now Department of Financial Services) OM No.261/16/89-SCT(B) dated the 30th May, 1990.

The OM prescribes the following maximum age limit for recruitment of Ex-servicemen in the Public Sector Banks/Financial Institutions:

1.Security Guard/Armed Guard45 Years
2.Clerical cadre50 Years
3.Sub-staff cadre other than Security Guard/Armed Guard50 Years
4.Chief Security Officer55 Years
5.Security Officers40 Years

The Public Sector Banks do not have any Assured Career Progression Scheme (ACP) similar to Government.
 
The above information was submitted as in the written reply in Rajya Sabha on 12th Dcember 2013 by the Minister of Personnel, Public Grievances and Pensions Shri V.Narayanasamy.

Via: http://90paisa.blogspot.in/2013/12/maximum-age-limit-for-recruitment-of-ex.html

Wednesday, December 11, 2013

Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade - BPMS

Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade - BPMS

BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in

REF: BPMS / MACPS / 64 (7/3/M)
Dated: 16.09.2013
To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi - 110011

Subject: Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade.

Respected Sir,
With due regards, I would like to draw your kind attention on the subject wherein the issue of grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay is being demanded & discussed by this Federation at every forum.

 It has now been brought to our notice that an affected employee had challenged the Government’s decision on the subject vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the prayer of the petitioner and directed the authorities to grant MACP benefit in the hierarchy of promotional grade. Thereafter, the Union of India represented by the Secretary, DoP&T appealed to the Hon’ble High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal of the DoP&T was subsequently dismissed vide order dated 19.10.2011.

The Government thereafter approached the Hon’ble Supreme Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the said SLP.

In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only.

As such, you are requested to kindly issue necessary directives to all units under your jurisdiction to implement the same immediately.

Thanking you.
Sincerely yours

(M. P. SINGH)
General Secretary

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.
 

Thursday, September 12, 2013

AIRF writes to Railway Board regarding grant of financial upgradation under MACPS to Pharmacists

 AIRF writes to Railway Board regarding grant of financial upgradation under MACPS to Pharmacists.

ALL INDIA RAILWAYMEN'S FEDERATION
4, STATE ENTRY ROAD, NEW DELHI, INDIA

No.AIRF/PNM/4/2011(154)
Dated: September 2, 2013
The Member Staff,
Railway Board,
New Delhi

Dear Sir,

Sub: Grant of financial upgradation under MACPS to Pharmacists

Pursuant to decision, taken in the National Council(JCM) in respect of Pharmacists, to place them in Grade
Pay of Rs.4200(PB-II) on completion of two years’ regular service without insisting on any Selection/ Suitability Test etc., who are initially recruited in PB-I with GP Rs.2800, All India Railwaymen’s Federation vide letters dated 22.02.2012, 24.04.2012 and 04.05.2012 have been persistently demanding that the initial recruitment grade of the Pharmacists needs to be taken as Grade Pay Rs.4200(PB-II) in place of G. Rs.2800(PB-I) for the purpose of granting financial upgradation under MACPS.

AIRF has repeatedly contented that considering the educational qualification, prescribed for the Pharmacists, which is 10+2(with PCM) + Diploma in Pharmacy with Experience, it was rightly decided to place them in PB-II with GP Rs.4200 just after formal completion of two years’ regular service, which should not be construed as “Promotion” for the purpose of financial upgradation under MACPS as they are not required to undergo any Selection/Modified Selection/Suitability Test etc. while placing them in PB-II with GP Rs.4200.

AIRF is, therefore, of the firm view that the aforesaid placement of the Pharmacists in PB-II with GP Rs.4200 on completion of two years’ service can no way be treated as “Promotion” while granting them benefit of financial upgradation under MACPS.

It is, therefore, urged that, in case of Pharmacists, the recruitment grade should be considered as PB-II with GP Rs.4200 instead of PB-I GP Rs.2800 for the purpose of granting them benefit of financial upgradation under MACPS and necessary clarification to this effect may be issued to all the Railway administrations for immediately implementing the same under advise to this office.

An early action in the matter shall be highly appreciated.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
General Secretary
Source : AIRF

Friday, August 30, 2013

Item Wise reply of Railway Board on the issues raised by AIRF.

Item Wise reply of Railway Board on the issues raised by AIRF. 
 
The following issues raised by Federations which are outside the purview of this Ministry were referred/have been referred to concerned Ministries/Deptts. :-
 

S.No.
Item
Officer(s) concerned
Comments from the concerned Dte.
1.Setting up of VII Central Pay Commission without further delay.EDPC-IIThe issue raised under this item comes under the pruview of Ministry of Finance. Accordingly, the matter referred to MOF.
2.Merger of DA with payEDPC-IIThe issue raised under this item comes under the pruview of Ministry of Finance. Accordingly, the matter referred to MOF.
3.Scrap New Pension Scheme and cover all the staff with pension and family pension scheme as available to staff appointed prior to 1.1.2004.EDF(E)The decision of introducing New Pensoin System for all the new entrants to Government/Railway Service on or after 1.1.2004 is of the Government of India taken in the Ministry of Finance, Department of Economic Affairs. The Ministry of Railways, being an Administrative Ministry in respect of pensionary matter is bound to adhere to the decision taken by the Government and is not empowered to take any unilateral decision in the matter. Accordingly, the matter referred to Deptt. of Financial Services.
4.Stepping up of pay of senior employee on par with junior employee consequent on modification of ACP Scheme as MACP is pending with the Railway Board.EDPC-IFor the purpose of MACP Scheme, Department of Personnel and Training is the nodal Department of the Government and instructions issued by them on this usbject ar adopted by this Ministry in reapect of Railway Employees. The issue regaring stepping up of pay of senior employees at par with their Junior drawing higher pay under MACPS has been examined in consultation with DoP&T on a reference from the Fedetations. DoP&T have advised that stepping up of pay of senior at par with thier junior drawing higher Grade Pay under MACPS is not admissible. Since, DoP&T is the nodal Department for the purpose of MACPS, this Ministry is not in position to take any unilateral decision on the matter.
5.Increase the amount of Fixed Medical Allowance to all RELHS beneficiaries.EDPC-IFor the purpose of Fixed Medical Allowance (FMA), Department of Pension & Pensioners’ Welfare is the nodal Department of Govt. and instructions issued by them on FMS, are adopted by this Ministry in respect of Railway pensioners. As such, this Ministry is not in position to take any unilateral decision on this subject. Accordingly, the matter referredt ot DOP&PW.
6.Exempt Transport Allowance and Special Duty Allowance for the pruview of Income Tax deduction.DF(X)-IThe matter regarding increases in the eligible exemption limit in the case of tranport allowance from Rs.800/- p.m. to Rs.3200/- p.m. was referred to the Ministry of Finance. However, the request of the Ministry of Railways has not been agreed to by the Ministry of Finance. 

2. The matter regarding exemption of Special Duty Allowance for the purview of Income Tax has been referred to the Ministry of Finance vide Boards O.M. No. F(X)I-2009/23/6 dated 24/9/2012. Reply is still awaited therefrom.
7.Raise the ceiling limit of Rs. 3500 for the purpose of payment of PLB.EDPC-IProductivity Linked Bonus is paid on the Railways in accordance with the scheme of Productivity Linked Bonus arrived at in consultation with the recognized federations and approval of the Government. The computation ceiling for payment of PLB has been prescribed as Rs.3500/- p.m. by the Ministry of Finance, which is the nodal Ministry and this ceiling is applicable to all Ministries & Departments of the Central Govt. Ministry of Railways cannot unilaterally take a decision in the matter. Accordingly, the matter referred to MOF.
8.Upgrade all categories of staff in Grade Pay of Rs. 2400 to Rs. 2800EDPC-IIThe pay scale of various categories of Central Government employees including Railway employees are based on the recommendations of the Central Pay Commission and accepted by the Central Government. A unilateral decision cannot be taken by Ministry of Railways on the demand raised by the Federation as it is beyond the purview of Ministry of, Railways. Accordingly, the matter referred to MOF.
9.Granting of one increment for the employees in the categories Like MCMs, Loco Running Staff, SMs, P.Way Supervisors etc when they get horizontal promotions without reckoning the same as “Promotion” for the purpose of granting financial up gradation under MACP.EDPC-IFor the purpose of MACP Scheme, Department of Personnel & Training is the nodal Department of the Govt. and instructions issued by them on this subject are adopted by this Ministry in respect of Railway employees. As per the instructions contained in Para-8 of Annexure to policy instructions on MACPS, promotion earned in the post carzying same Grade pay in the promotional hierarchy as per recruitment rules shall be counted for the purpose of MACPS. Since, DoP&T is the nodal Department for the purpose of MACPS, this Ministry is not in position to take any unilateral decision on the matter. Accordingly, the matter referred to MOF.
10.Grant parity in pension and family pension to the staff/family retired prior to 01.01.2006EDF(E)In this regard it is stated that neither the 6th Pay Commission appointed by the Government has recommended nor any decision for giving full parity in pension to pre-2006 retirees with post 2006 retirees has been taken by the Government. The Ministry of Railways being an Administrative Ministry in respect of pensionary matters is bound to adhere to the decision taken by the nodal department, the DOP&PW, Accordingly, the matter referred to Ministry of Personnel, PG & Pension.
11.Raise the ceiling of Incorne Tax deduction‚ from Railway employees, Ministry of Railways are from Rs. 2.00 lakh to Rs. 3.00 lakh, as recommended by the Standing Committee on Finance.DF(X)IIIn all matters relating to recovery of Inocme Tax from Railway employees, Ministry of Railways are guided by the provisions of Income Tax Act, 1967 and various instructions received from the Ministry of Finance (Central Board of Direct Taxes) from time to time. The MoF is the nodal ministry dealing with this subject. As such, the Ministry of Railways can not take any unilateral decision in che matter. Accordingly the matter referred to MOF.
12.Implement pending Board of Arbitration Awards on House Rent Allowance, Over Time, Transport Allowance besides pay scales of Accounts Department staff.EDPC-IFor the purpose of these subjects, Ministry of Finance is the nodal Department of Govt. and this Ministry is following instructions issued by them from time to time. So far no decision as such on these issues from Ministry of Finance has been received. As MoF is the nodal Ministry on these subjects, it is not possible to take any decision unilaterally. Accordingly, the mattter referred to MOF.
13.Rectification of MACP anomalies.EDPC-IFor the purpose of MACP Scheme, Depatment of Personnel & Training is the nodal Department of the Govt. and instructions issued by them on this subject are adopted by this Ministry in respect of Railway employees. The issues raised by the Federations from time to time are examined in consultation with DOP&T and decided accordingly. Since, DOP&T is the nodal Department for the purpose of MACPS, this Ministry is not in position to deviate from the instructions/clarifications issued by them on the subjects. Accordingly, the matter refer to DOP &Trg.
14.Enhancement of Income Tax exemption limit in the case of Running StaffDF(X)IIThe matter regarding enhancement of Income Tax Exemption Limit in the case of Running staff reckoning of Running Allowance as pay for the purpose of deduction of Income Tax was referred to the inistry of Finance. However, the request of the Ministry of Railways has not been agreed to by the Ministry Of Finance.

Source: AIRF

Monday, August 19, 2013

Granting of Grade Pay hierarchy to UDC to the next promotional post of Assistants - Ministerial Staff Association

Granting of Grade Pay hierarchy to UDC to the next promotional post of Assistants - Ministerial Staff Association
Secretary General of Ministerial Staff Association writes a detailed letter to the Secretary of Department of Science and Technology regarding the discrepancies in implementation of MACP Scheme to the ministerial staff working in the department of Survey of India.

Particularly the Upper Divisional Clerk (UDC) may be granted 4200 Grade Pay under the MACP Scheme to next promotional post of Assistant…

The detailed letter has been uploaded in the official blog of Ministerial Staff Association, for your ready reference we have reproduced and given below…


GRANT OF THE BENEFITS UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER MINISTERIAL STAFF OF SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL GRADE – REQUEST FOR.

MINISTERIAL STAFF ASSOCIATION

SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN

C/o NPG, Hathibarkala Estate, Dehradun-248 001

No.CHQ- 31 /MSA/2013
Dated 14 -8-2013

To
The Secretary to the Government of India,
Department of Science and Technology,
(Ministry of Science and Technology)
Technology Bhawan, New Mehrauli Road, New Delhi-110 016.

(Through the Surveyor General of India)

SUB: GRANT OF THE BENEFITS UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER MINISTERIAL STAFF OF SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL GRADE – REQUEST FOR.

Sir,
With due respect, I would like to submit the following few lines on the subject for favour of your kind consideration and necessary action:-

1) That the Ministerial Staff of Survey of India are recruited to the post of Lower Division Clerk (LDC) in the then pay scale of Rs.950-1500. The said pay scale was revised to Rs.3050-4590 w.e.f. 1-1-1996 in terms of the Fifth CPC. The said pre-revised pay scale was revised to Pay Band-1(Rs.5200-20200)+Grade Pay Rs.1900 w.e.f. 1-1-2006 in terms of the Sixth CPC.

2) That as per the provisions contained in the Recruitment Rules for the Ministerial Staff, the LDCs are eligible to be promoted to the post of UDC on completion of 8 years regular service by DPC (1s promotion). It is also provided in the said Rules that the LDCs can be promoted to the post of UDCs after completion of 3 years regular service subject to passing of the 25% the Limited Departmental Competitive Examination for promotion to the post of UDCs (1st Promotion). Accordingly, the LDCs are promoted to the post of UDCs by DPC/LDCE in the pay scale of Rs.4000-6000.

3) That it is also provided in the said Recruitment Rules of Ministerial Staff that UDCs in the pay scale of Rs.4000-6000 shall be eligible for promotion to the post of Assistants by DPC (2nd promotion) in the pay scale of pre-revised Rs.5000-8000 (previous pay scale Rs.1400- 2300) after 5 years service as UDC.

4) That it is also provided in the Recruitment Rules of Ministerial Staff that Assistants in the pay scale of Rs.5000-8000 shall be eligible for promotion to the post of Office Superintendent (Rs.5500-9000) by DPC (3rd promotion) after 3 years service as Assistant. But due to lack of appropriate promotional ratio, the incumbents are not granted promotion within the prescribed residency period and hence are stagnating in the same post. The Hierarchy Chart for the Ministerial Staff in Survey of India is annexed as Annexure-1 for your ready reference please.

5) That it is submitted that based on the recommendations of the Fifth CPC, Government of India introduced the Assured Career Progression Scheme (ACP Scheme) under DoP&T’s OM No.35034/3/97-Estt. (D) dated 9-8-1999. The main objective of the Scheme was to deal “with the problem of genuine stagnation and hardships faced by the employees due to lack of promotional avenues”. In said Scheme, it was provided for grant of two financial upgradations in the promotional hierarchy of the cadre on completion of 12 and 24 years of service respectively, counted from the direct recruitment grade. The said benefits under the ACP shall be applicable w.e.f. 9-8-1999.

6) That at the time of the introduction of the ACP Scheme, there was an acute stagnation in the LDC, UDC and other cadres in the Ministerial Staff. Accordingly, most of the LDCs were granted 1st ACP in the next hierarchical grade i.e. in the pay scale of Rs.4000-6000 w.e.f. 9-8-1999 or on completion of 12 years. A number of LDCs and UDCs were also granted 1st and 2nd ACP in the 1st and 2nd promotional grade i.e. in the pay scale of Rs.4000-6000 and Rs.5000-8000 (Pre-revised pay scale of Assistant) respectively w.e.f. 9-8-1999 or on completion of 24 years of service.

7) That the Govt. of India implemented the recommendations of the Sixth CPC under Ministry of Finance’s Notification No.F.No.1/1/2008-IC dated 29-8-2008 effecting from 1-1-2006 and accordingly LDC. UDC, Assistant, Office Superintendent and Establishment & Accounts Officers were placed in the pay structure furnished as under:-
Sl. No.Name of postPay scale as per Fifth CPCMinimum service for promotion to next gradePay scale as per Sixth CPC
1LDCRs.3050-45908Pay Band-1(Rs.5200-20200)+Grade Pay Rs.1900
2UDCRs.4000-600010Pay Band-1(Rs.5200-20200)+Grade Pay Rs.2400
3AssistantRs.5000-80005Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200
4Office SuperintendentRs.5500-90003Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200
5Establishment & Accounts OfficerRs.7550-11500-Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4600
 
8) That the Govt. of India also issued orders regarding revised ACP Scheme i.e.  Modified ACP (MACP in short) under DoP&T’s OM No.35034/3/2008-Estt. (D) dated 19-5-2009 for the Central Govt. Civilian Employees replacing the existing ACP Scheme with two financial upgradations in the hierarchy of the promotional grade on completion of 12 and 24 years of service counted from the direct entry grade to three financial upgradations on completion of 10, 20 and 30 years counted from the direct entry grade in the hierarchy of grade pay under MACP. As per the aforesaid orders, the benefit under the MACP is applicable from 1-9-2008.

9) That the Surveyor General’s Office has decided to grant MACP to the Ministerial staff keeping the pay structure of LDC as PB-1(Rs.5200-20200)+Grade Pay Rs.1900 in view as entry grade pay structure and contended to grant the First, Second and Third MACP in the pay structure of PB-1 (Rs.5200-20200)+Grade Pay Rs.2000, PB-1(Rs.5200-20200)+Grade Pay Rs.2400 and PB-1(Rs.5200-20200)+Grade Pay Rs.2800 after completion of 10, 20 and 30 years of service as LDC/UDC respectively. As such, the said decision is detrimental to the interest of the cadre and discriminatory in nature.

10) That the following table shows how the benefits under MACP Scheme is less advantageous because of the fact that the MACP is granted in the hierarchy of the successive grade pay than the erstwhile ACP Scheme to the Ministerial Staff which was granted in the promotional hierarchy. An extract of the same is furnished hereunder :-
Sl.No.Entry Grade /
Pay scale
1st Promotion /
1st ACP /
Pay scale (12 Years)
2nd Promotion /
2nd ACP /
Pay Scale (24 years)
-Remarks
1.LDC (Entry Grade)
Rs.3050-4590

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900
UDC
Rs.4000-6000

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400
Assistant
Rs.5000-8000

(Revised PB-2(Rs.9300-34800)+ Grade Pay Rs.4200
-Advantageous
1.LDC (Entry Grade)
Rs.3050-4590

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900
1st MACP
(10 Years)

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2000
2nd MACP
(20 Years)

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400
3rd MACP
(30 Years)

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2800
Less
Advantageous
 
11)That it is found that the LDCs/UDCs who have completed 24 years service as on 31-8- 2008 (before the cut-off date of 1-9-2008), were have been granted the benefits of 2nd ACP in the pay scale of Rs.5000-8000. As such, these UDCs have been placed in the revised pay structure of PB-2 (Rs.9300-34800) + Grade Pay Rs.4200, the UDCs who have not got the 2 nd ACP prior to 31-8-2008 have been placed in PB-1(Rs.5200-20200)+Grade Pay Rs.2800 towards 2nd MACP and thus deprived of the said benefits without any justified reason. A tables showing the discrimination meted out to the incumbents in UDCs is furnished hereinunder :-
 
Sl. No.Entry Grade /
Pay scale
Fifth CPC
1st Promotion /
1st ACP /
Pay scale (12 Years)
(Fifth CPC)
Replacement
Pay structure
by the Sixth CPC
2 nd Promotion /
2nd ACP /
Pay Scale (24 years)
(Fifth CPC)
Replacement
Pay structure
by the Sixth CPC
1.LDC

Rs.3050-4590
UDC

Rs.4000-6000
UDC
PB-1 (Rs.5200-20200) +
Grade Pay Rs.2400
Assistant
Rs.5000-8000
PB-2(Rs.9300-34800) +
Grade Pay Rs.4200
 
12)That further,UDCs have been granted 2nd Financial upgradation under the MACP Scheme Surveyor General’s Office under No.C- 1553_/1902-MACP-Ministerial(II) dated 8.3.2011 in the pay structure of PB-1 (Rs.5200-20200)+Grade Pay of Rs.2800 instead of granting the same in the PB-2 (Rs.9300-34800) +Grade Pay Rs.4200 which the next promotional grade (Assistant) w.e.f. 1-9-2008 or on completion of 20 years service counted from the direct recruitment grade (Entry date).
 
13) That in the mean time, a point was raised in the National Council (JCM) for grant of MACP in the hierarchy of promotional grade instead of hierarchy of the grade pay. After thread bare discussion in the Joint Committee of the National Council (JCM), it was decided that the Cadre/Department may represent for grant of the MACP or ACP Scheme which shall be beneficial to the incumbents in that cadre. The decision, in this regard, was taken in the Second Meeting of the Joint Committee on MACP held under the Chairmanship of Joint Secretary (E), DoP&T on 15-9-2010. The same was circulated under GOI. DoP&T’s OM No.11/1/2010-JCA dated 6-10-2010. An extract from the decisions on item No.1 – Provide Grade Pay of the Next Promotional Post under MACP.

As item No.1, 3, 8, 9, 29 & 46 are similar, it was decided to club them together.

After detailed discussions on the issues, it was decided that Para 13 of MACPS shall be revised to the effect that Organizations / Cadres shall have the option to choose either the ACP Scheme or the MACP Scheme. Individual options, however, cannot be permitted.

14) That thereafter, the Third Meeting of the Joint Committee on MACP was held on 15-3-2011 and discussed the issue in the agenda item No.1,3,8,9 and 29 inter alia on Grant of Financial upgradation in the promotional hierarchy instead of Grade Pay hierarchy under MACP. An excerpt of the Minutes / decisions of the same circulated under DoP&T’s OM No.11/1/2010-JCA dated 20-4-2011 is furnished hereunder:-
 
“ The Staff side reiterated their demand that the financial upgradation under the MACP Scheme should be granted in the promotional hierarchy of posts instead of Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendation of the 5th CPC and , as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.

The Official Side stated that the 6th CPC recommended two financial upgradations in the Grade Pay hierarchy. However, the Government improved upon the recommendations of the 6th CPC and has implemented MACP Scheme with three financial upgradations in the Grade Pay hierarchy after 10, 20 and 30 years. Referring to earlier discussions held in the matter, the Official Side stated that the Government was willing to consider revision in para 13 of MACP Scheme to the effect that organizations/cadres shall have the option either to choose the ACP Scheme or the MACP Scheme. However, the Staff Side pointed out that such a dispensation will not be practical and hence there is a need to explore other alternatives to solve the issue. After discussion, it was agreed that there is no need to change basic structure of MACP Scheme. However, there is need to separately examine those cases where MACP Scheme is less advantageous than the ACP Scheme. Accordingly, it was decided that the Official Side will write to the Ministry of Railways, Defence, Urban Development, Home and the Department of Posts to forward the information in respect of the specific categories of employees where the MACPS is less advantageous than the erstwhile ACP Scheme. The Official Side also requested the Staff Side to collect and forward such information to the Department of Personnel and Training for further necessary action…”
 
15) That then, the point was again discussed in the Joint Committee on MACP held on 27-7- 2012. An extract of the Minutes of the said meeting on the agenda item No.1 Grant of MACP in the promotional hierarchy, is furnished hereunder:-
 
1. Grant of MACP in the promotional hierarchy.- “…. The Staff side stated that the employees who were in service prior to 1-1-2006 had the right to retain first two financial upgradations in the promotional hierarchy and the Government cannot alter the existing services conditions adversely. The Official side, however, sated that since MACPS is in supersession of earlier ACP Scheme, this cannot be agreed to. The Staff Side insisted that at least option be given to individual employees in this regard to facilitate him/ her to opt either ACP or MACP for availing benefit of financial upgradation. The Staff Side was insistent that either MACPS should be in promotional hierarchy or individual options should be given to the employees.

The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them.”
 
16) That thereafter, the further progress in the matter is not known.
 
17) That it is learnt that one employee named Raj Pal of CAT, Chandigarh designated as Photo copier, approached the Hon’ble CAT, Chandigarh Bench for grant of MACP in the hierachy in the anology of a similar post of Hindi Typist and filed OA No.1038/CH/2010 in the case of Raj Pal Vs.Union of India representaed by the Department of Personnel and Training and others. The Hon’ble CAT, Chandigarh in the order dated 31-5-2011 allowed the aforesaid OA and accordingly the said employee was granted MACP in the hierarchy of the promotional post of the comparable cadre i.e. Hindi Typist. Extracts of the aforesaid judgement of the Hon’ble CAT, Chandigarh is furnished as under:-
“13. It has been settled that the ACP would be granted on the completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typist, 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 the intervals of 10, 20 and 30 years of service.

15. Be that as it may, the principle enuniciated and settled by the Tribunal / High Court for grant of ACP cnnot be changed and the same principle would apply for grant of MACP to him. The only difference is of number of years is required to be completed. We find no justification to take a different view in the matter.

16. 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 Rs.2400/- under the second MACP, and the order dated 9-8-2010 (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 fix 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….”
 
18) That thereafter, the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M). The Hon’ble High Court of Punjab and Haryana at Chandigarh, in the order dated 19-10-2011, dismissed the CWP and issued orders at page 5 and 6 of the same, which reads as under:-
“… An order adversely affecting an employee in terms of grant of financial upgradations had already been passed which entailed civil consequences and as such CAT has rightfully proceeded to adjudicate for the petitioners to the effect that the earlier scheme of ACP stood superseded by MACP Scheme is being noticed only to be rejected. The entire objective of introduction of ACP/MACP Scheme is to alleviate stagnation as regards an employee who has a number of regular years of service on the same post without any avenue of promotion. It is such circumstances that a financial incentive is sought to be granted to an employee upon completion of a certain number of years of service on the same post. Under the ACP Scheme of 1999, the financial upgradations were to be granted upon completion of 12 years and 24 years of regular service whereas under the MACP Scheme such financial upgradations are envisaged upon completion of 10, 20 or 30 years of service, the contention raised on behalf of the petitioners if accepted would defeat the very objective for which such Schemes have been introduced.”
“We find no infirmity in the order dated 31-05-2011 passed by CAT in OA No.1038/CH of 2010. The petition stands dismissed.”
 
19)That then the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble Supreme Court by way of filing SLP (SLP No.cc 7467/2013) challenging the order dated 19-10-2011 in CWP No.19387 of 2011 of the Hon’ble High Court of Punjab and Haryana at Chandigarh. The Hon’ble Supreme Court has dismissed the aforesaid SLP in the order dated 15-4-2013.

Photo copies of the aforesaid Court orders are enclosed herewith as Annexure-2 for favour of your kind perusal please.
 
20)That in the meant time, one Sanjay Kumar, UDC and 18 other UDCs of the Central Government under the Ministry of Defence who are in the pay structure of PB-1(Rs.5200- 20200)+Grade Pay Rs.2400 have approached the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 with the prayer for grant of 2nd MACP in the hierachy of promotional post i.e. Assistant in the PB-2 (Rs.9300-34800)+Grade Pay Rs.4200. The Hon’ble CAT, Principal Bench, New Delhi, in the order dated 26-11-2012, in the aforesaid OA relied upon the decision dated 19-10-2011 passed by the Hon’ble High Court of Punjab and Haryana at Chandigarh and in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010, allowed the OA and issued orders as under :-
“7. In our considered view, the present OA is squaely covered by the aforesaid judgement 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 and 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 pay of Rs.4200.

9. In view of above position, the OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34800 with grade pay of Rs.4200 attached to the said promotional post of Assistant / OS from the due date to the applicant.

10. The aforesaid direction shall be complied with within the period of two months from the date of receipt of a copy of the order, subject to the other conditions mentioned in the MACP Scheme.”
 
A photo copy of the aforesaid order dated 26-11-2012 issued by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 in case of Sanjay Kumar, UDC and 18 others is enclosed herewith as Annexure-3 for your ready reference please.
 
21) That the UDCs and other Ministerial Staff in Survey of India are similarly situated with the applicants of the aforesaid OAs in the matter of grant of MACP in the hierarchy of promotional post as such the MACP in case of UDCs and other Ministerial Staff may kindly be considered in the light of the spirit contained in the aforesaid judicial pronouncements which has attained its finality.
 
2. In view of the facts and circumstances submitted above, it is respectfully requested that necessary orders may kindly be issued to grant of the benefits of financial upgradations under MACP to LDC, UDC and Assistant etc. in their respective promotional hierarchy from their due date in the light of the decision passed by the Hon’ble CAT, Principal Bench, in the order dated 26- 11-2012 in OA No.904/2012 in case of Sanjay Kuamr, UDC and others Vs. Union of India and others read with the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 the order dated 19-10-2011 upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and order dated 15-4-2013 passed by the Hon’ble Supreme Court in SLP No.cc- 7467/2013 in this regard, in which act of your kindness, I shall be ever grateful to you.
 
Thanking you,
Yours faithfully, 
( MANOJ KUMAR SHARMA )
SECRETARY GENERAL MINISTERIAL STAFF ASSOCIATION
 
Annexure-1
 
HIERARCHY CHART OF MINISTERIAL STAFF IN SURVEY OF INDIA
ESTABLISHMENT & ACCOUNTS OFFICER
Gp.B-(GAZETTED) – 29
Pay scale Rs.2375-3500 (Fourth CPC)
Pre-revised pay scale Rs. 7450-11500 (Fifth CPC)
Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4600 (Sixth CPC)
(4th Promotional Grade)
↑
OFFICE SUPERINTENDENT
Gp.B-(NON-GAZETTED) – 69
Pay scale Rs.1640-2900 (Fourth CPC)
Pre-revised pay scale Rs. 5500-9000 (Fifth CPC)
Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4200 (Sixth CPC)
(3RD Promotional Grade)
ASSISTANT /HEAD CLERK
Gp.B-(NON-GAZETTED) – 286
Pay scale Rs.1400-2300 (Fourth CPC)
Pre-revised pay scale Rs. 5000-8000 (Fifth CPC)
Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4200 (Sixth CPC)
(2ND Promotional Grade)
↑
UPPER DIVISION CLERK (UDC)
Gp.C-(NON-GAZETTED) – 545
Pay scale Rs.1200-2040 (Fourth CPC)
Pre-revised pay scale Rs. 4000-6000
(Fifth CPC) Revised PB-1(Rs.5200-20200)+Grade Pay of Rs.2400 (Sixth CPC)
(1st Promotional Grade)
↑
LOWER DIVISION CLERK (LDC)
Gp.C-(NON-GAZETTED) – 235
Pay scale Rs.950-1500 (Fourth CPC)
Pre-revised pay scale Rs. 3050-4590
(Fifth CPC) Revised PB-1(Rs.5200-20200)+Grade Pay of Rs.1900 (Sixth CPC)
(Entry Grade)

MINISTERIAL STAFF ASSOCIATION
SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN
C/o NPG , Hathibarkala Estate, Dehradun-248 001

No.CHQ- /MSA/2013
Dated 16-8-2013
To
All Branch Secretaries.
 
Dear friends,
It is learnt about the contents of decision dated 26-11-2012 passed by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 between Sanjay Kumar, UDC and 18 others Vs. Secretary, MOD and 2 others for grant of MACP in the hierarchy of the promotional post. On perusal of the same, it is found that the aforesaid judgement was relied upon the decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 in the case of Rajpal S/o Tilak Ram Vs. UOI and others issued orders for grant of MACP in the hierarchy of the promotional post. The Hon’ble High Court of Punjab and Haryana at Chandigarh in their order dated 19-10-2011 in CWP No.19387/ 2011 has upheld the aforesaid decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench. I have received the copies of the aforesaid CAT, Chandigarh and High Court orders along with order dated 15-4-2013 on SLP No.cc-7467/2013 passed by the Hon’ble Supreme Court of India and the gist of these Court decisions are furhished as under:-
 
Sl. No.
OA No./ CWP No.
Parties
Date of Order
Name of Court
Remarks
1
OA No.1038/CH/2010
Raj Pal s/o Tilak Ram, Photo Copier in 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 2011 (O&M)
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.
4
OA No.904/2012
Sanjay Kumar, UDC and 18 others Vs. UOI represented by Ministry of Defence 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 Pay Rs.4200.
 
2. Accordingly, model draft representation addressing to the SG which was prepared by Com. P.K. Das, Secretary, Bhubaneshwar Branch & Dy.Secy General(CHQs) should be submitted by the UDCs preferably who are having 10 years of service as UDC or total 20 years service as LDC and UDC for consideration and grant of MACP in hierarchy of the promotional post i.e. pay structure of Assistant. In case of UDC having lesser service, they may also submit the representation with modifications. You are requested to arrange in submitting the same to the authorities through proper channel and intimate the same to me for information and further action.
 
3. In this connection you are also requested to kindly visit our website to know the content of my letter written to DST in the matter for your information.
 
4. In the mean time, we have discussed the matter with Com. S.K. Vyas, Member National Council (JCM) and Member of the Joint Committee on MACP and requested him to take up the issue with DoP&T / in next meeting of Joint Committee on MACP which is likely to be held during September, 2013.
Thanking you,


Yours sincerely,
(MANOJ KUMAR SHARMA)
Secretary General.
 
Source : www.msasoi.com
[http://www.msasoi.com/PDFS/MACP_letter%20to%20DST%20by%20MSA.pdf]

Now Trending

34% DA Order for Central Govt Employees wef 01.01.2022 - Latest CG Employees DA Order Jan 2022

 DA Order for Central Government Employees from Jan 2022 - Finmin Order 2022 Latest CG Employees DA Order Jan 2022 Dearness Allowance payabl...

Disclaimer:

All efforts have been made to ensure accuracy of the content on this blog, the same should not be construed as a statement of law or used for any legal purposes. Our blog "Central Government Staff news" accepts no responsibility in relation to the accuracy, completeness, usefulness or otherwise, of the contents. Users are advised to verify/check any information with the relevant department(s) and/or other source(s), and to obtain any appropriate professional advice before acting on the information provided in the blog.

Links to other websites that have been included on this blog are provided for public convenience only.

The blog "Central Government Staff news" is not responsible for the contents or reliability of linked websites and does not necessarily endorse the view expressed within them. We cannot guarantee the availability of such linked pages at all times.

Any suggestions write to us
centralgovernmentnews@gmail.com