Grant of 3rd financial upgradation under MACP scheme to superintendents

Grant of 3rd financial upgradation under MACP scheme to superintendents

F. No. A-23011/125/2016-Ad.IIA

Government of India

Ministry of Finance

Department of Revenue

Central Board of Indirect Taxes and Customs

North Block, New Delhi.

Dated 9th October, 2019.

To,

All Pr. Chief Commissioners/ Principal Director Generals under CBIC
All Chief Commissioner/ Director Generals under CBIC

Subject: Defending the CAT/Court cases on the issue of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs. 5400/- in PB-2

Sir,

I am directed to forward a copy of order dated 12.04.2019 of the Hon’ble CAT, Ernakulam Bench in OA No. 912/2016 filed by Dileep Kumar with request that the said order may be cited/referred to while defending the CAT/Court cases pending in your Zones/ Commissionerate/ Directorate on the subject of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs. 5400/- in PB-2.

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME - CENTRAL GOVERNMENT EMPLOYEES NEWS

Encl: As above.

Yours faithfully,

sd/-

Under Secretary to the Government of India

O R D E R

Per: Hon’ble Mr. Ashish Kalii; Judicial Member

The applicant joined the service under the respondents as Inspector of Central Excise. He was granted 1st and 2nd financial upgradations w.e.f. 9.8.1999 and 22.6.2008. Later he was promoted to the post of Superintendent of Central Excise w.e.f. 24.9.2002 and as the upgradation – benefits were already given under ACP scheme he was not eligible for any benefits at the time of promotion. The applicant was granted the Grade Pay of Rs. 5,400/- in PB-2 of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years of service as Superintendent. Since the applicant was not granted any further promotion he is eligible for 3rd financial upgradation under the MACP scheme. Applicant submitted a representation to the respondents in this regard. However, the respondents in reply to the above representation given him a copy of the letter dated 18.2.2015 (Annexure A10) stating that since the Pay and Accounts Officer has raised objection in granting financial upgradation under the MACP scheme in the Grade Pay of Rs. 6,600/- to those Superintendents who had been granted the Grade Pay of Rs. 5,400/- in PB-2 on completion of four years service had sought a clarification from the Ministry and further the Hon’ble High Court of Madras has remitted the matter to the Department of Personal, Public Grievances and Pension for fresh consideration with directions to consider the issue in extension. Respondent No. 1 examined the matter and issued Annexure A8 clarification. However, the respondents have denied the benefit of 3rd financial upgradation under the MACP scheme to the applicant on the wrong interpretation of paragraph 81 of Annexure Al OM dated 19.5.2009 (Annexure A3). Being aggrieved the applicant has filed the present OA with the following relief:

Also check: MACP guidance as per recommendations of the 7th CPC

    8.I This Honourable Tribunal may be pleased to declare that the provisions of para 8.1 of Annexure I to the OM No.35034/3/2008-Estt(D) dated 19.5.2009 is not applicable in the case of the applicant and he is eligible for the 3rd financial upgradation in Grade Pay of Rs. 6,600/- in PB- 3 as per the MACP scheme and direct the respondents to grant and disburse to the applicant the financial benefits within a reasonable period as decided by the Hon’ble Tribunal.8.2 This Honourable Tribunal may be pleased to declare that the Grade pay of Rs. 5,400/- in PB-2 granted under the CCS (RP) Rules to the Superintendents of Central Excise on completion of four year service is not a financial upgradation falling under the purview of the MACP scheme.

2. Notices were issued to the respondents. They entered appearance through Shri P.R. Sreejith, ACGSC who filed a detailed reply statement contending that the applicant joined the Department as Inspector of Central Excise on 22.6.1984. He was granted 1st and 2nd financial upgradation under the ACP scheme w.e.f. 9.8.1999 and 22.6.2008 respectively. He was promoted as Superintendent of Central Excise w.e.f. 24.9.2002 and further was granted Grade Pay of Rs. 5,400/- in PB-II in the scale of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years service as Superintendent. Respondent No.1 vide letter dated 21.7.2010 has clarified that the benefit of non-functional upgradation granted to the Superintendent (Group-B) officers on completion of 4 years of service would be treated/viewed as an upgradation in terms of paragraph 8.1 of Annexure to OM dated 19.5.2009 (Annexure A3) and the same would be offset against one financial upgradation under MACP scheme. The applicant was granted Grade Pay of Rs. 5,400/- in PB-II as non-functional upgradation w.e.f. 24.9.2006 and was afforded the benefit of fixation of pay under FR 22. The respondents would submit that the post/grade at S-15 has been placed at PB- II with Grade Pay of Rs. 5,400/- and next higher grade pay in the hierarchy of the recommended revised pay band and grade pay is PB-III with Grade Pay of Rs. 5,400/-. Paragraph 8.1. of Annexure of MACP scheme provides that consequent upon the implementation of the 6th CPC’s recommendations, grade pay of Rs. 5,400/- is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5,400/- in PB-2 and Rs.5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradation under MACP scheme. The non-functional Grade Pay of Rs. 5,400/- granted to the applicant in PB-II after completion of 4 years regular service as Superintendent is to be treated/viewed as an upgradation in terms of respondent No. 1 clarifications. The respondents further contended that the judgments/orders relied on by the applicant is not applicable to the facts and circumstances of the present case. Respondents pray for dismissing the OA.

3. We have heard the applicant who appeared in person and the learned Central Government counsel appearing for the respondents in the matter. We have also perused the argument notes submitted by the applicant. Perused the records.

4. It is also undisputed that the Superintendents of Customs and Central Excise are having two Grade Pays in PB-2 i.e. one with Grade Pay of Rs.4800/- and another with Grade Pay of Rs 5400/-. The officials become entitled to Pay Band 2 with Grade Pay of Rs.5400/- only after they complete 4 years of service as Superintendents in the Grade Pay of Rs.4800/-.

5. MACP Scheme has brought systemic changes to the then existed ACP Scheme. Both the Schemes were to alleviate the drudgery of lack of promotional avenues of the government servants for a long time. Under the ACP Scheme, financial upgradation in the promotional scale were given on completion of 12 years and 24 years respectively without promotion whereas in the MACP scheme three financial upgradations counting from a direct entry grade on completion of 10, 20 and 30 years respectively whenever a person has spent 10 years continuously in the same Grade Pay. The MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the hierarchy of recommended revised Pay Bands under the CCS (Revised Pay) Rules, 2008. It is also to be noted that the Grade Pay at the time of financial upgradation under the MACP Scheme 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 and in such cases the higher Grade Pay attached to the next promotion post in the hierarchy of the concerned cadre will be given only at the time of regular promotion. It is further to be noted that the Grade Pay of Rs.5400/- is now in two Pay Bands viz; PB2 and PB3. Para 8.1 of the MACP Scheme states:

    8.1 Consequent upon the implementation of sixth CPC’s recommendations , grade pay of Rs.5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs.5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.

6. Grade Pay of Rs.5400/- is given to Superintendents of Central Excise, on completion ·of their 4 years’ service in PB-2 with Grade Pay of Rs.4800/-. Applicant joined the service as Inspector 22·06.1984 and he was granted 1st ACP benefits in the grade of Superintendent i.e. PB-2 Rs. 9,300-34,800/-­ plus Grade Pay of Rs. 4,800/-. Later he was promoted as Superintendent of Central Excise w.e.f. 24.9.2002. Since the applicant was already granted 1st financial upgradation under ACP scheme he was not eligible for any benefits at the time of promotion. However, on completion of four years service as Superintendent applicant was granted non-functional upgradation in PB-2 Rs. 9,300-34,800/- plus Grade Pay of Rs. 5,400/- w.e.f. 24.09.2006. The applicant was granted 2nd financial upgradation under the ACP scheme w.e.f. 22.06.2008 on completion of 24 years of service in PB-3 Rs. 15600-39100/-­ with Grade Pay of Rs. 5,400/-. Therefore, the applicant has been granted three financial upgradations as stated above. The respondents contend that the placement of the applicant in the Grade Pay of Rs.5400/- in Pay Band 2 under NFG (non-functional upgradation) has to be treated as a separate Grade Pay for the purpose of grant of upgradation under the MACP Scheme.

7. Financial upgradations under the schemes of ACP and MACP are policy decisions of the Government of India and they are to be implemented strictly in terms of the schemes. Any interpretation inconsistent with the scheme cannot be acceded to Paragraph 8.1 of the MACP scheme as quoted above which in unambiguous terms state that Grade Pay of Rs.5400/- in PB- 2 and the Grade Pay of Rs.5400 in PB-3 are to be treated as separate Grade Pays for the purpose of grant of financial upgradation under the MACP Scheme. In the 6th CPC revised pay structure after completion of 4 years of service in the PB-2 with Grade Pay of Rs. 4,800/- a higher Grade Pay of Rs.5400/- is granted in Pay Band-2 itself. As per para 8.1 of the MACP scheme such placement in higher Grade Pay has to be treated as a separate Grade Pay for the purpose of MACP Scheme. Therefore, the applicant had already undergone 3 financial upgradations. Hence now the applicant cannot be considered for the 3rd financial upgradation as it would be contrary to the MACP Scheme. Ignoring the granting of non-functional Grade Pay of Rs.5400/- in PB-2 for the purpose of MACP is not in accordance with the government policy and hence is not correct.

8. In the light of the above discussion, we hold that there is no merit in the above Original Applications. The Original Application is dismissed. Parties shall suffer their own costs.

Dopt orders on MACP: Benchmark to be enhanced from Good to Very Good for all the posts

Dopt orders on MACP: Benchmark to be enhanced from Good to Very Good for all the posts

G.I, Dep. of Per. & Trg., O.M. No.F.No.35034/3/2015-Estt.(D), dated 28.09.2016

Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees : Implementation of Seventh CPC recommendations.

The Modified Assured Career Progression Scheme was introduced with effect from 01.09.2008 in pursuance of the recommendations of the Sixth Pay Commission by this Department’s OM No.35034/3/2008-Estt(D) dated 19th May, 2009. Subsequently, clarifications/ FAQs were issued vide OM dated 16.11.2009, 09.09.2010, 01.04.2011, 13.06.2012, 04.10.2012 and 10.12.2014. These instructions are in force with effect from 01.09.2008.

2. The 7th Central Pay Commission (CPC) in para 5.1.44 of its report has recommended inter-alia as follows:

MACP will continue to be administered at 10, 20 and 30 years as before. In the new Pay Matrix, the employee will move to immediate next level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the Pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of Organised Group A Services.

3. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, the Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years as before. Further, Para 1 and 2 of the existing Scheme (Annexure to this Department's OM No. 35024/3/2008-Estt.D dated 19th May, 2009) will be substituted by the following words:-

1. There shall be three financial upgradations under the MACPS as per 7th CPC recommendations, counted from the direct entry grade on completion of 10, 20 and 30 years services respectively or 10 years of continuous service in the same level in Pay Matrix, whichever is earlier.

2. The MACPS envisages merely placement in the immediate next higher level in the Pay Matrix as given in PART A of Schedule of the CCS (Revised Pay) Rules, 2016, Thus, the level in the Pay Matrix at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive levels in the Pay Matrix, be different than what is available at the time of regular promotion. In such cases, the higher level in the Pay Matrix attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

4. The 7th Central Pay Commission (CPC) in Para 5.1.45 of its report has interalia recommended as follows:

Benchmark for performance appraisal for promotion and financial upgradation under MACPS to be enhanced from Good to Very Good.

5. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, Para 17 of the Scheme (Annexure to OM No.35024/3/2008-Estt.D dated 19th My, 2009) shall be substituted by the following words:-

17. For grant of financial upgradation under the MACPS, the prescribed benchmark would be Very Good for all the posts.

6. These changes will come into effect from 25th July, 2016, i.e., from the date of resolution notified by Department of Expenditure, Ministry of Finance regarding acceptance of the recommendation of the 7th CPC.

7. The comprehensive MACP Scheme on acceptance of Seventh Central Pay Commission recommendations will be issued separately.

Click to view the original order

Authority: http://persmin.gov.in/dopt.asp

MACPS benefits in the promotional hierarchy – Clarification orders issued by Dopt on 17.5.2016

MACPS benefits in the promotional hierarchy – Clarification orders issued by Dopt on 17.5.2016

No. 22034/04/2013-Estt.(D)

Government of India

Ministry of Personnel Public Grievance & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 17.05.2016

Office Memorandum

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

In continuation of Department of Personnel Training’s earlier O.M. of even no. dated 20.01.2016 and dated 01.03.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision dated 28.04.2016 of Hon’ble CAT, Calcutta Bench in OA No. 351/00195/2014 filed by Shri S.H.K. Murti & Others Vs. UOI &Ors whereby the demand of the applicant for MACP in promotional hierarchy has been dismissed, for necessary action and compliance. The Hon’ble Tribunal in the aforesaid decision dated 28.04.2016 has held that the MACP benefit would be given in the hierarchy of next higher Grade Pay and not in Grade Pay of promotional hierarchy which will be payable on actual promotion.

2. All Ministries/Departments are requested to upload it on their websites for wider publicity.

sd/-

(G. Jayanthi)

Director (E-I)

Authority: www.persmin.gov.in
Click to view the order

Pay Fixation on MACP as per 6th Pay Commission – Some Illustrations

Pay Fixation on MACP as per 6th Pay Commission – Some Illustrations

Modified Assured Career Progression Scheme (MACPS)

MACP clarifications is given with useful illustrations for Defence Civilian Employees. This type of explanations is very useful to know and clarify the doubts of the new scheme. Wittingly to clear in the particular subject, because it is connecting with lifetime promotion of every employee.

This scheme for career upgradations to Central Govt. employees was introduced with effect from 1-09-2008 with introduction of revised pay rules 2008.

This scheme has replaced earlier scheme of Assured Career Progression Scheme of August 1999.
Under this scheme, an employee would get at least three career upgradations during his entire service on completion of 10,20 and 30 years of service.

Under this scheme an employee would be placed in next higher grade pay on completion of 10 years in previous grade and in case of no promotion has been offered to him.

a. Illustrations of Grant of MACP – Illustration – 1
In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with no promotion for 10 years,

1st financial upgradation after 10 years with GP-Rs.4600;

2nd financial upgradation after (10+10) 20 years with GP- Rs.4800;

3rd financial upgradation after (10+10+10) 30 years with GP- Rs.5400.

Illustration – 2
In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with first promotion after 5 years with GP of Rs. 4600,
The promotion will be considered as 1st financial upgradation;
2nd financial Up gradation after (5+10) 15 years with GP-Rs.4800;
3rd financial up-gradation after (5+10+10) 25 years with GP-Rs.5400.

Illustration – 3
In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with 1st promotion in 5 years with GP-Rs.4600 and 2nd promotion after 8 years,(5+8=13 years) with GP of Rs.4800,
He will get only 3rd financial up-gradation after (5+8+10) 23 years with GP-Rs.5400.

b. Norms for grant of MACP
The financial up gradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay.

The only 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.
However, if the financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in Para 17 of the scheme, the benchmark for promotion shall apply to MACP also.

c. Clarifications on MACP
If the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purposes of MACP.

Only the continuous regular service is counted towards qualifying service and the regular service shall commence from the date of joining in direct entry grade on the MACP envisages merely placement in the immediate next higher grade pay as given in Section1, Part A of first schedule of the CCS (Revised Pay) Rules 2008.

Financial upgradation will also be admissible whenever a person has spent 10 years in the same grade pay.
Only regular service rendered in the Central Government Department/Office would be counted for the purposes of grant of MACP.

All tenures spent on deputation, Foreign Service, study leave, all kind of leave, shall be included in the regular service.

d. The benefits of MACP are admissible upto HAG scale of Rs. 67000-79000.
All cases of grant of promotions/ACPs under pre-revised pay scales of Rs. 5000-8000, Rs. 5500-9000, Rs. 6500-10500 and Rs. 7400-11500 and if those merged w.e.f. 1-1-2006 would be ignored for purpose of grant of financial upgradation under the scheme.

Source: CGEN.in

Dopt Orders on MACP – Granting of MACP benefits as and when the employees become eligible

Dopt Orders on MACP – Granting of MACP benefits as and when the employees become eligible

MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.

G.I., Dep. of Per. & Trg.,
O.M.No.35034/3/2008-Estt. (D),
dated 18.2.2015

Subject:-MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES-instructions regarding,

This Department on the recommendation of Sixth Central Pay Commission in Para 6.1.15 of its report and in supersession of previous Assured Career Progression Scheme, vide O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009 introduced the Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees which is operational w.e.f. 01.09.2008. MACP Scheme envisages the three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service to all regularly appointed Group “A”, “B”, and “C” Central Government Civilian Employees.

2. As per para 6 of DOPT’s O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009, the Screening Committee would follow a time-schedule and meet twice in a financial year – preferably in the first week of January and first week of July of a year for advance processing of the cases maturing in that half. Accordingly, cases maturing during the first-half (April-September) of a particular financial year would be taken up for consideration by the Screening Committee meeting in the first week of January. Similarly, the Screening Committee meeting in the first week of July of any financial year would process the cases that would be maturing during the second-half (October-March) of the same financial year.

3. It has come to notice of this Department that the benefits of MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.

Source: www.persmin.gov.in

More orders on MACP Scheme

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.

Source: 90paisa.blogspot.in

[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.

 

Source: 90pasia.blogspot.in

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

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

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.

 

Source: www.aiamshq.blogspot.in

[http://aiamshq.blogspot.in/2013/11/acp-or-macp-regarding-allowing.html]

Grant of financial upgradation under MACP Scheme-Clarification for Railway Employees

Grant of financial up-gradation under MACP Scheme-Clarification for Railway Employees

An another clarification order has been issued by the Railway Board to its employees regarding the Grade Pay would be admissible under MACP to an employee holding feeder post in a cadre where promotional post is in the same Grade Pay. The nodal department of the Union Government, DOPT has informed the the financial upgradations under ACP/MACP Schemes cannot be to higher Grade Pay than what are be allowed to an employee on his normal promotion...

 

The Railway Board order has been reproduced and given below for your consideration...

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
Railway Board

S.No.PC-VI/307
No.PC-V/2009/ACP/2

RBE No.142/2012
New Delhi, dated 13/12/2012

The General Manager/OSDs/CAO(R)
All Indian Railways & PUs
(As per mailing list)

Sub:-Grant of financial upgradation under MACP Scheme-Clarification reg.

References have been received from Zonal  Railways seeking clarification as to what Grade Pay would be admissible under  MACP Scheme to an employee holding feeder post in a cadre where promotional post is in the same Grade Pay. The matter has been examined in consultation with Department of Personnel & Training (DoP&T), the nodal department of the Government on MACP Scheme and it is clarified that ACP/MACP Schemes have been introduced by the Government in order to mitigate the problems of genuine stagnation faced by employees due to lack of promotional avenues.

Thus, financial upgradations under ACP/MACP Schemes CANNOT be to higher Grade Pay than what are be allowed to an employee on his normal promotion. In such cases financial upgradation under MACP Scheme would be granted to the same Grade Pay.

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

Hindi version is enclosed.

(N.P. Singh)
Dy. Director/Pay Commission-V
Railway Board

Source: AIRF & NFIR

DOPT rejected the proposal for restoration of earlier ACP with one time relaxation to opt for MACP

DOPT rejected the proposal for restoration of earlier ACP with one time relaxation to opt for MACP.

MACPS for the cadre of Junior Engineers/Assistant Engineers in CPWD.

The last proposal was sent to DOPT for consideration on above subject have also been rejected by DOPT and intimated that running of MACPS though with one time relaxation together with ACPS for a part of the cadre is contrary to the provisions of MACP Scheme. The reply of Dopt letter is reproduced and given below for your ready reference.

Anomalous and disadvantageous provisions of MACPS for the cadre of Junior Engineers/Assistant Engineers and other similarly placed cadres of CPWD.
Consequent to non acceptance of earlier proposals on above mentioned subject forwarded to Dopt in August 2009, Jan 2010 and in Nov 2011, a further proposal for restoration of earlier Assured Career Progression Scheme with one time relaxation to opt for MACPS as on 1.9.2008, who have been granted two upgradations under ACPS, was sent to DoPT in June 2012 for their consideration and approval.

DoPT has not accepted the latest proposal also and intimated that running of MACPS though with one time relaxation together with ACPS for a part of the cadre is contrary to the provisions of MACPS and hence cannot be accepted.

In the circumstances, concerned Service Associations representing Junior Engineers/Assistant Engineers/Executive Engineers and other service Associations of CPWD are requested to intimate as to scheme (ACPS or MACPS), they would like to opt for their cadres in future. The reply may be submitted within seven days of the receipt of this letter.

Source: www.cpwd.gov.in
[http://cpwd.gov.in/]

MACP Orders : 3rd financial up gradation in the grade pay of Rs. 7600/- under MACP scheme to the Executive Engineers/Assistant Engineers (Civil & Elect.) in CPWD

MACP Orders : 3rd financial up gradation in the grade pay of Rs. 7600/- under MACP scheme to the Executive Engineers/Assistant Engineers (Civil & Elect.) in CPWD

CPWD has published an office order regarding that the financial upgradation in the grade pay of Rs.7600 to the Executive/Assistant Engineers (Civil and Elect.) under the scheme of MACP. The text of the CPWD order uploaded by Ministry of Urban Development on their official website is reproduced here under for your ready reference...

3rd MACP to Engineers..

GOVERNMENT OF INDIA

DIRECTORATE GENERAL OF WORKS

CENTRAL PUBLIC WORKS DEPARTMENT

No.24/06/2012-EC-III

Nirman Bhawan, New Delhi

Dated the 22.11.2012

OFFICE ORDER No. 306 of 2012

Consequent upon the introduction of MACP scheme in the Department and on completion of 30 years of regular service from initial appointment in the grade of Junior Engineer (Civil & Elect.), the President of India is pleased to grant the 3rd financial up gradation in the grade pay of Rs. 7600/- (Pay Band-3) under MACP scheme to the Executive Engineers/Assistant Engineers (Civil & Elect.) as per list enclosed at Annexure I & II with effect from the date mentioned against their name.

2. In case, any of the officers in the enclosed list has taken Voluntary retirement, resigned or expired, on or before 01.09.2008 i.e the date of MACP becomes effective, the financial up gradation may not be given to them by Controlling Officers. Before financial benefit is given, it may be ensured that no charge-sheet is pending against them / no penalty has been awarded lo them on the date of granting the 3rd financial up gradation. In such an event, the fact may be brought to the notice of this Directorate immediately for a decision.

3. Further action ma be taken by the controlling Officer for financial up gradation in tems of Department of Personnel & Training O.M. No.35034/3/2008 Estt.(D) dated 19.5.2009.

4. On up gradation under MACP Scheme, pay of an employee shall be fixed under the provisions of FR-22( I )(a)( I). The financial benefit allowed under MACP scheme shall be final and no pay fIxation benefit shall accrue at the time of regular promotion. In other words, up gradation under MACP Scheme shall be treated as par with regular promotion in so far as pay fixation is concerned. Therefore, the option of pay fixation in the next higher grade based on the date of increment in the lower grade of pay may also be allowed. This fact may please be brought to the notice of all the officers concerned who may like to exercise such an option.

5. All Concerned officers, who are being 3rd financial up-gradation under MACP Scheme, before any up-gradation is given, shall give an undertaking that they will refund the amount so paid, if any changes are made by Govt. in MACP Scheme and if due to such changes, recovery becomes due.

Encl:- Annexure I & IlI

sd/-

(Suresh Chandra)

Deputy Director (Admn.)

Annexure I : List of Executive/Assistant Engineers (Civil) who have been granted third financial upgradation under MACP Scheme on completion of 30 years of regular service in the grade pay of Rs.7600.

Annexure I : List of Executive/Assistant Engineers (Elect.) who have been granted third financial upgradation under MACP Scheme on completion of 30 years of regular service in the grade pay of Rs.7600.

Source: www.cpwd.gov.in