Modified ACP Scheme (MACPS) for Railway employees- clarification
N F I R
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
No.IV/NFIR/MACPS/09/Pt.7
Dated: 29.07.2013
The Secretary (E),
Railway Board,
New Delhi.
Dear Sir,
Sub:
Modified ACP Scheme (MACPS) for Railway employees- clarification – reg.Ref:
Railway Board’s letter No. PC-V/2009/ACP/2 dated 31.01.2013. NFIR has come across a case wherein the Railway Board has totally changed the
clarification
issued by the DoP & T detrimental to the interest of Railway
employees though the Railway Board Claims to be acting on the advise of
the DoP & T,the nodal authority in so far as allowing financial
upgradation under MACP Scheme is concerned. To prove its contention.
NFIR is furnishing below the details of the case for proper appreciation
of the issue:
(i)
Railway Board may recollect that the General
Secretary, NFIR (Leader of Staff Side JCM), in the Joint Meeting on
MACPS anomalies held on 27.07.2012 with the Official Side of the
Government of India had raised the issue of grant of financial
up-gradation under MACPS in Respect of cases of staff who join another
unit/organization on seeking transfer on request. In this Connection,
extract of item No. 6 from the minutes of the meeting held on 27.07.2012
is reproduced below: -
“Financial Up-gradation under MACPS, in the case of staff who joined another unit/organization on request:
The
Staff Side pointed out that OM dated 01.11.2010 should be suitably
amplified/amended Covering the staff was transferred on request on
reversion to the unit/Organization so that the Total service rendered in
the previous Unit/Organization, ignoring the past promotion, may be
Counted for MACPS.
The Official Side agreed to issue necessary
clarificatory instructions in this regard. The Staff Side also pointed
out that in certain offices the promotion in the original
Unit/Organization from which an employees got reverted/transferred to
the lower post, Was also being counted against MACPS which is not
warranted. The Official Side to look Into this issue.”
Secy.
(ii)
Based on agreement reached with the Staff Side as mentioned above, DoP
& T issued O.M. No. 35034/3/2008-Estt(D) (Vol-II) dated 4th October
2012.
(iii) NFIR wishes to invite attention of Railway Board to para 2 (i) of the O.M. No.
35034/3/2008-Estt.(D)
(Vol.II) dated 4th October, 2012 extract of which is reproduced
below,Contains instructions to deal with the cases of “Financial
up-gradation under MACPS in the Case of Staff who joined another
Unit/Organization on request”.
“ This Department’s OM No.
35034/3/2008-Eatt.(D) (Vol.II) dated 01.11.2010 provides That in case of
transfer ‘including unilateral transfer on request’, regular service
rendered in Previous organization/office shall be counted along with the
regular service in the new Organization/office for the purpose of
getting financial up-gradations under the MACPS.
However,
financial up-gradation under the MACPS shall be allowed in the immediate
next Higher grade pay in the hierarchy of revised pay bands as given in
CCS (Revised Pay) Rules, 2008.It is now further clarified that wherever
an official, in accordance with terms and Conditions of transfer on own
volition to a lower post, is reverted to the lower post/Grade From the
promotion in the previous organization/office will be ignored for the
purpose of MACPS in the new organization/office.”
(iv)
Pursuant to DoP & T’s above mentioned OM, Railway Board issued
instructions vide Letter dated 31.01.2013, cited under reference, para
2(i) of which reads as under: -
“Railway Board’s letter of
even number dated 28.12.2010 provides that in case of Transfer
‘including unilateral transfer on request’ regular service rendered in
previous Organization/office shall be counted along with the regular
service in the new organization/office For the purpose of getting
financial up-gradations under the MACP Scheme. However, financial
Up-gradation under the MACP Scheme shall be allowed in the immediate
next higher grade pay in The hierarchy of revised Pay bands as given in
Railway Services (Revised Pay) Rules, 2008. It is now Further clarified
that Wherever an official, in accordance with terms and conditions or
transfer on own volition to a lower post, is reverted to the lower
Post/Grade from the promotion in the previous
Organization/office,
such past promotion in the previous organization/office, will be ignored
for the purpose of MACP Scheme in the new organization/office. In
respect of those cases where benefit of pay protection have been allowed
at the time of unilateral transfer to other organization/unit and thus
the employee had carried the financial benefit of promotion, the
promotion earned in previous organization has to be reckoned for the
purpose of MACP Scheme.”
(v)Comparison of para (iii) and (iv)
reveals that following portion has been added by the Railway Board in
their instructions deliberately to put the railway employees to
disadvantageous position.
“ In respect of those cases where
benefit of pay protection have been allowed at the time of Unilateral
transfer to other organization/unit and thus the employee had carried
the financial benefit of promotion, the promotion earned in previous
organization has to be reckoned for the Purpose of MACP Scheme.”
Secy.S
2. The Railway Board while imposing unrealistic and grossly unjustified instructions
Failed to appreciate following practical aspects: -
a) The railway employee who seeks request transfer to lower grade post in the new
unit/organization continue to receive the protected pay in the lower grade until
promotion of his/her immediate senior.
b)
The concerned railway employee belongs to only lower grade and if the
promotion earned by him/her in the previous unit/organization is taken
into account, the railway employee concerned who has already lost the
number of years of service rendered in the previous unit, gets only
bottom seniority.
c) Federation wishes to clarify further that the
component of protected pay drawn by the employee would be adjusted
automatically at the time of pay fixation (of the transferred employee)
while granting financial up-gradation.
d) NFIR also wishes to add
that as per recommendations of VIth CPC and accepted by the Government,
only the pay drawn by the employee in the Pay Band (excluding GP) has
only To be protected, leaving very nominal benefit to the employee and
can be ignored.
3.In
addition to above factors and the fact that the DoP & T is the
nodal department to give Decisions on MACP Scheme, Railway Board cannot
now escape and deviate from the instructions of DoP & T. The
restriction as imposed by the Railway Board, referred above is
therefore unjustified and needs to be deleted.
4.NFIR therefore,
request the Railway Board to Review Their instructions and issue fresh
instructions strictly based on the OM of DOP & T without any
substitution/addition. A copy of The instructions may be sent to the
Federation.
Yours faithfully,
(M. Raghavaiah)
General Secretary
Copy to the General Secretaries of affiliated Unions of NFIR
Copy to the Media Centre of NFIF.
Secy.
Source: NFIR