Supreme Court Order in SLP regarding benefits in promotional hierarchy under MACP Scheme - DoPT Order

Supreme Court Order in SLP regarding benefits in promotional hierarchy under MACP Scheme - DoPT Order

MACP Supreme Court Order

 According to the current MACP rules, benefits under the MACPS cannot be given in the promotional hierarchy and must instead be granted in the standard hierarchy of Grade Pay/Pay Levels in the Pay Matrix.

F.No .22034/4/2020-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

OFFICE MEMORANDUM

North Block, New Delhi -110001
Dated: 05th April, 2021

Subject: Order of Hon’ble Supreme Court of India dated 05.03.2020 in SLP (C) No.21803/2014 Uol Vs. M.V. Mohanan Nair & Ors. regarding benefits in the promotional hierarchy under MACP Scheme - other issues arising out of Order dated 05.03.2020 - regarding.

The undersigned is directed to refer to this Department’s O.M. of even number dated 23.03.2020, which was issued as per Order dated 05.03.2020 of the Hon’ble Supreme Court of India in SLP (C) No.21803/2014, UoI Vs. M.V. Mohanan Nair & Others wherein the Hon’ble Apex Court had held that benefits under the Modified Assured Career Progression Scheme (MACPS) cannot be granted in the promotional hierarchy and that it would be in the standard hierarchy of Grade Pay/Pay Levels in the Pay Matrix as per the existing MACP guidelines.

2. The Hon’ble Apex Court, in para 53 of aforementioned Order dated 05.03.2020, further directed that some anomalies, which were brought before the Joint Committee, constituted in the Department of Personnel & Training (DoP&T) to examine the MACPS, as indicated in paras 47 to SO of the Order dated 05.03.2020, be considered as deemed appropriate, and a decision was taken in accordance with the law.

3. Accordingly, in compliance with the directions of Hon’ble Apex Court, as indicated in paras 47 to 50 of the Order dated 05.03.2020, the issues arising out of deliberations of the Joint Committee constituted to examine the MACP Scheme, and which were not finally disposed of, have been examined in consultation with Department of Expenditure. It is also to be noted that revised guidelines on MACPS, as per recommendations of the 7th CPC, have been issued vide DoP&T’s OM No.35034/3/2015-Estt.(D) dated 22.10.2019.

4. The decisions taken on these issues, item-wise, are as follows:

Item No. 1: To provide Grade Pay of the next promotional post under the MACPS (Item No.1 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Item No. 2: Anomaly on the introduction of the MACPS – Option may be given to the employees to continue in the old ACP Scheme even after 01.09.2008 (Item No. 8 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Item No. 3: Continuation of the ACP Scheme beyond 31.08.2008 by giving an option to choose either benefit under the ACPS or the MACPS, whichever is more beneficial (Item No.3 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: The issue of grant of benefits in the standard hierarchy of Grade Pays/Pay Levels as per the MACPS guidelines has already been settled by the Hon’ble Apex Court in its Order dated 05.03.2020. Moreover, the matter of replacement of the ACPS with MACPS has also been settled by the Apex Court. As such, as clarified to the staff side vide letter dated 4.11.2013, the solution lies in cadre review to address issues relating to stagnation. Therefore, the demands of the Staff Side for grant of benefits in the promotional hierarchy or continuation of the ACPS beyond 31.08.2008 by giving the option to either choose between ACPS or MACPS, whichever is more beneficial; cannot be agreed to. Hence, action on these items is treated as closed.

Item No. 4: Revision of date of introduction of the MACPS (Date of Effect) – Date of effect of the MACPS to be made as 01.01.2006, instead of 01.09.2008 as provided in the scheme (Item No.2 of Minutes of the meeting of Joint Committee held on 27.07.2012).

Decision: The issue is presently sub-judice before the Hon’ble Apex Court in SLP Nos. 10811- 10813/2018 in the matter of Uol Vs. Ranjit Samuel. Hence, no decision can be taken at this stage. As and when the main and tagged cases are disposed of by the Hon’ble Apex Court, the decision would be communicated to all Ministries/ Departments.

Item No. 5: Applicability of the MACPS to Group ‘D’ employees who have been placed in the Grade Pay of Rs.1800/- in PB-I (Item No.4 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: It has been clarified in DoP&T’s O.M. No.35034/3/2008-Estt.(D) dated 16.11.2009 that promotions earned or upgradations granted under the ACP Scheme of August 1999, in the past to four pay scales (S-1, S-2, S-2A, and S-3), which now carry the grade pay of Rs.1800/-, shall be ignored for the purpose of the MACPS. Therefore, no further action is required. Hence, the item is treated as closed.

Item No. 6: Counting of 50% of service rendered by casual labor who attained a temporary status for reckoning the 10, 20, and 30 years of service under the MACPS (Item No.5 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: As per para 5(v) of the Appendix pertaining to the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 50% of the service rendered under temporary status is to be counted only for the purpose of retirement benefits after their regularization. The temporary service rendered does not count for any other purposes. Moreover, under the ACPS also, no provision was made for counting of temporary service as 1st and 2nd financial upgradation was being granted to an employee on completion of 12/24 years of regular service. Therefore, the proposal cannot be agreed to. Thus, action on this item is treated as closed.

Item No. 7: Supervised staff placed in higher Grade Pay than that of the Supervisor – The stepping up of pay of seniors with that of juniors getting higher pay in different cadres and introduction of Grade Pay of Rs.5400 on completion of 4 years of service in the pre-revised pay scale of Rs.6500-10500 (Item No.6 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: As per the fundamental principles of the Scheme, financial upgradation granted under the MACPS is purely personal to the employees, and has no relevance to his seniority position. It has already been provided in the Scheme itself that there shall be no additional financial upgradation to the senior employee solely on the ground that his/her junior in the grade has been granted higher pay or grade pay under the Scheme. This has been reiterated in the instructions issued by this Department from time to time, including OM No. 35034/1/97-Estt. (D) dated 04.10.2012 and No. 35034/3/2015-Estt.(D) dated 22.10.2019. Therefore, the proposal cannot be agreed to. Thus, action on the item is treated as closed.

Item No. 8: Option for pay fixation on grant of financial upgradation under the MACPS between 01.01.2006 and 31.08.2008 (Item No.7 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: In terms of para 9 of the MACPS guidelines (DoP&T’s OM dated 19.05.2009), the benefits of the ACP Scheme of August 1999 would be continued I applicable till 31.08.2008. If the Government employees, who have opted for fixation of their pay in the revised pay structure w.e.f. 01.01.2006 under the CCS (RP) Rules, 2008, then no arrears of pay would be granted. However, if he has opted for pay fixation from the date of financial upgradation under the ACP with reference to the pre-revised pay scale, then arrears of pay would be granted from the date of his option, i.e., the date of financial upgradation under the ACPS. Para 6 of Annexure-I to DoP&T’s OM dated 19.05.2009 already provides for this benefit. Hence, there is no requirement for the issue of any further instructions on the said issue. Thus, the item is treated as closed.

Item No. 9: Employees who got one promotion or l51 ACP prior to 01.09.2008 and have completed over two decades of service without the benefit of promotion may be granted the third up-gradation under the MACPS on 1.9.2008 (Para 12 of Minutes of the meeting of Joint Committee held on 27.07.2012).

Decision: As per the MACPS guidelines, there shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of I 0, 20, and 30 years of service respectively, or after 10 years of continuous service in the same Grade Pay or Pay Level in Pay Matrix, whichever is earlier. Thus, those employees who got either one promotion or 1st ACP before 1.1.2006 and who did not earn any promotion or 2nd ACP during 1.1.2006 to 31.8.2008, are eligible for 2nd MACP on or after 1.9.2008 (i.e. due on completion of 20 Years) and 3rd MACP after 30 years of service or 10 years in the same Grade Pay/Pay Level, as the case may be if found otherwise eligible. Hence, there is no ground for the grant of the 3rd MACP straight away on 1.9.2008, without the employee earning the 2nd MACP, as per the provisions of the MACPS. Therefore, the request of the Staff Side cannot be acceded to and the item is treated as closed.

7. All Ministries/Departments are advised to dispose of all pending representations /references from Staff Associations etc. seeking revision in the instructions/guidelines on the MACPS relating to the above items and also defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy, as upheld by the Hon’ble Apex Court in the instant case.

(R. K.Sinha)
Under Secretary to the Govt. of India

To
All Ministries /Departments of the Government of India.

Download DoPT PDF

 

DOUBT and CLARIFICATION on MACPS – Central Government Employees News

 MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

MACPS – Modified Assured Career Progression Scheme

1. Doubt: What is modified Career Progression Scheme (MACPS) ?

CLARIFICATION: The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme . Under the MACP Scheme three financial Up-gradations are allowed on completion of 10, 20. 30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part -A of the first schedule of the CCS ( Revised Pay) Rules 2008, in case no ( promotion has been earned by the employee 1 during this period.

2. Doubt: From which date the MACPS is effective?

CLARIFICATION: The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)

3. Doubt: Who are entitled for financial upgradation under the MACPS?

CLARIFICATION: The MACPS is applicable to all Central Government Civilian Employees

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved 

4. Doubt: What norms are required to be fulfilled while granting the benefits under MACPs

CLARIFICATION: The financial upgradation would be on non- 1 functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be ‘Vety Good’ for Financial upgradation to the grade pay of Rs.7600 and above. However, where 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. OM.N0.35034/312008-Estt(D) dated 01/11/2010

5. Doubt: Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS

CLARIFICATION: Yes. OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010

6. Doubt: Whether the promotions in same grade would be counted for the purpose of MACPS?

CLARIFICATION: The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However 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 purpose of MACPS.

7. Doubt: How will the benefits of ACP be granted if due between 01.01.2006 and 31.08.2008

CLARIFICATION: The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS. (OM No.35034/3/2008-Estt.dated 9.9.2010).

8. Doubt: Whether adhoc appointment would be counted towards qualifying service for MACPS

CLARIFICATION: No. Only continuous regular service is counted owards qualifying service for the purpose of MACPS. The regular service shall commence ‘rom the date of joining of a post in direct entry grade on a regular basis. ( Para 9 of the MACPS)

9. Doubt: Whether State Government service shall be reckoned for the purpose of MACPS

CLARIFICATION: No. Only regular service rendered in the Central Government’s Department/ Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)

10. Doubt: What are the periods included in the regular service?

CLARIFICATION: All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. ( Para 11. MACPS)

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

11. Doubt: How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies.

CLARIFICATION: Procedure prescribed in OM No.35034/3/2010- Estt(D), Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.

12. Doubt: Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?

Yes. Since the benefits of ACPS have been continued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.

13. Doubt: Whether the past continuous regular service in another Govt. Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular  service for the purpose of MACPS.

Yes. ( Para 9, MACPS)

14. Doubt: Upto what grade pay the benefits under the MACPS is allowed?

The benefits of MACPS are being up-to HAG  / scale of Rs.67000-790001. (DOPT’s O.M.No.350341312008-Estt.(D) dated 24.12.2010)

15. Doubt: How the cases of pre- revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 8 Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?

The cases would be regulated in accordance with para 5 of Annexure-l of MACPS. The Ministries/Departments are expected to re. organise cadres and frame common RRs for the post in merged scales.

16. Doubt: Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay 01 Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS.

Yes, in terms of para 8.1 of Annexure-l of MACPS dated 19.05.2009.

17. Doubt: Whether ‘time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS.

No. ( Para 13 of MACPS)

18. Doubt: Whether Staff Car Drivel Scheme can run concurrently with MACPS

DOPT vide O.M. 35011/03/2008-Estt.(D),3010712010 has extended the benefits o MACPS to Staff Car Drivers as a fall bacl option.

19. Doubt: Whether the placement of erstwhile Gr. C employees as Staff Gal Driver, ordinary grade would count as a promotion?

No. The model RRs for Staff Car Drivers providc deputation/ absorption as a method of appointment for erstwhile Gr. D employees . Thc placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.

20. Doubt: Whether designation, classification or higher status would change on account of financial upgradation under MACPS

There shall be no change in designation, classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the scheme is purely personal and merely placement in the next higher grade pay.

Also check: Important Supreme court Judgement – MACP should be given effect from 01.01.2016

21. Doubt: If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation.

Yes, this would have consequential effect on the iubsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)

22. Doubt: Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS.

No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS. (Para ’10 of OM dated 19/5/2009)

23. Doubt: Whether the regular service rendered by an employee if declared surplus in hislher organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS.

Yes. (refer para 23 of Annexure-l of MACPS).

24. Doubt: In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS.

Yes. OM No.35034/3/2008-Estt(D) Dated 01/11/2010

25. Doubt: If a regulation has been been offered but was eefused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a government servant.

If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal. ( Para 25 of MACPS)

GRANT OF 2nd FIANANCIAL UPGRADATION UNDER ACP SCHEME WHO HAVE COMPLETED 24 YEARS REGULAR SERVICE

GRANT OF 2nd FIANANCIAL UPGRADATION UNDER ACP SCHEME WHO HAVE COMPLETED 24 YEARS REGULAR SERVICE

MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

ACP SCHEME

Tele : 23014594
Dte Gen of Personnel
Military Engineer Services
Engineer-in-Chiefs Branch
Kashmir House, Rajaji Marg
New Delhi – 110011.

PC-4/85610/47/MACP/’ D’ Man /GANGADHARAN/CSCC OF

Dated: 08 Sep 2020

ADG (D&C) Range Hills Rd, Kirkee Pune-411003
ADG(Coast Guard & Projects) Chennai-600009
ADG(NEI) Guwahati, Pin-781027, C/o 56 APO 3
ADG(North) Jammu C/o CWE (AF) Jammu, Pin-937258
Chief Engineers HQs
Southern Command, Pune
Eastern Command, Kolkata
Central Command, Lucknow
Western Command, Chandimandir
Northern Command, Udhampur
South Western Command, Pune
DGNP, Mumbai
DGNP, Visakhapatnam
CME, Pune
CGDA, New Delhi

GRANT OF 2nd FIANANCIAL UPGRADATION UNDER ACP SCHEME WHO HAVE COMPLETED 24 YEARS REGULAR SERVICE DURING INTERVENING PERIOD BETWEEN 01.01.2006 TO 31.08.2008 AND THIRD FINANCIAL UPGRADATION UNDER MACP SCHEME AFTER COMPLETION OF 30 YEARS SERVICE IN R/O OF DRAUGHTSMAN/TOs OF MES

1. Refer further to this office letter No.CC-3/85610/47/MACP/D’ Man/6th/CSCC dated 21 April 2017.

2. The undersigned is directed to inform that the approval of grant of 2nd Financial Upgradation after completing 24 yrs of service under ACP scheme of DoPT in respect of Draughtsman & Tech Officers in the pay scale of Rs.15600 – 39100 plus Grade pay of Rs. 6600/- in MES for the intervening period between 01 Jan 2006 to 30 Aug 2008 was granted by MoD after thorough scrutiny of the proposal.

3. Some complaints & grievances were filed against this grant of 2nd Financial Upgradation under ACP scheme by few individuals. In this connection the matter was again sent to MoD for further scrutiny and examinations. The decision of MoD in this regard is reproduced below :-

Also check: Grant of Modified Assured Career Progression Scheme MACPS to Accounts Officers – CGDA Order

 “It is stated that the case for grant based on the analogy of Draughtsman Cadre of MES and Assistant (Arch Department) of CPWD provided by E-in-C’s Branch and as per Financial Upgradation to the TOs of Draughtsman Cadre of MES was granted as per the extant rules and guidelines of DoP&T.”

4. In view of the above, it is advised to take further necessary action as per the clarification of the MoD

5. This has approval of E-in-C please.

(Madan Lal)
Jt Dir (Pers) /CSCC
For E-in-C

7th CPC Clarification Prescribed Benchmark while considering MACPs to Non-Gazetted Staff

MACP

7th Pay Commission Clarification regarding prescribed Benchmark while considering MACPs to Non-Gazetted Staff

EAST COAST RAILWAY

प्रधान मुख्य कार्मिक अधिकारी का कार्यालय

Office of the Principal Chief Personnel Officer

रेल सदन, द्वितीय तल, भुवनेश्वर – 751017

Rail Sadan, IInd Floor, Bhubaneswar – 751017

Date: 29.07.2020

No. ECor/Pers/R/ Clari-MACPs/2020

All PHODs/ CHODs,
DRMs- SBP/WAT/KUR,
Sr. SPOs-SBP/WAT/KUR & WPO/CRW/MCS.

Sub: Clarification regarding prescribed Benchmark while considering MACPs to Non-Gazetted Staff.

Reff: RBE No. 155/2016 and RBE-16/2020.

The comprehensive MACP Scheme on acceptance of Seventh Central Pay Commission recommendations has been issued vide RBE No-16/2020. In the light of the recommendations of the 7th CPC, the Modified Assured Carrier Progression Scheme (MACPs) will continue to be administered at 10, 20 and 30 years as before. In order to implement a uniform policy all over ECoR, the following staff.

1. In terms of RBE No.-155/2016 for grant of financial up gradation under the MACPs the prescribed Benchmark has been revised for all level to “Very Good” w.e.f 25th July, 2016.
2. In compliance to RBE No-16/2020, enclosing DOPT’s O.M. No-35034/3/2015-Estt. (D) dated-22.10.2019, Para-17, (i) the revised benchmark of APARs i.e. “Very Good” shall be applicable for the year 2016-17 and subsequent years.
3. White assessing the suitability of and employee for grant of MACP, the DSC (Departmental Screening Committee) shall assess the APARs in the reckoning period, the benchmark for the APARs for the years 2016-2017 and thereafter shall be “Very Good”.
4. For Example, if a particular MACP falls due on or after 25.07.2016, the following benchmark for APARs are applicable for Level 11 and below:

APAR for the Year	Benchmark grading for MACP for Level-11 and below.
2015-16 and earlier	Good
2016-17	Very Good
2017-18 and subsequent year	Very Good

(R.N.A. Parida)

Chairman Railway Recruitment Cell

For Principal Chief Personnel Officer

Source: Indian Railways

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

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

Latest clarification on MACP scheme

GOVERNMENT OF INDIA

MINISTRY of Railways

(Railway Board)

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

RBE No. 18/2020

New Delhi, dated 04-02-2020

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

CORRIGENDUM

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

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

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

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

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

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

Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

Hindi version is enclosed.

(Sudha A Kujur)

Dy. Director, pay Commission

Railway Board

Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

Latest MACP orders from DoPT

 

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 2016 OF 2020

(Arising out of SLP (C) No.21803 of 2014)

UNION OF INDIA AND OTHERS

…Appellants

VERSUS

M.V. MOHANAN NAIR

…Respondent

WITH

CIVIL APPEAL NO. 2017 OF 2020

(Arising out of SLP(C) No.22181 of 2014)

CIVIL APPEAL NO. 2018 OF 2020

(Arising out of SLP(C) No.23335 of 2014)

CIVIL APPEAL NO. 2019 OF 2020

(Arising out of SLP(C) No.23333 of 2014)

CIVIL APPEAL NO. 2020 OF 2020

(Arising out of SLP(C) No.18227 of 2015)

CIVIL APPEAL NO. 2021 OF 2020

(Arising out of SLP(C) No.31125 of 2016)

CIVIL APPEAL NO. 2022 OF 2020

(Arising out of SLP(C) No.33706 of 2016)

CIVIL APPEAL NO(s). 2044-2045 OF 2020

(Arising out of SLP(C)No(s). 5917-5918 of 2017

@ SLP(C)Diary No.6042 of 2017)

JUDGMENT

BANUMATHI, J.

Leave granted.

2. The instant batch of appeals have been filed assailing the orders of various High Courts dismissing petitions filed by the appellants, thereby upholding decisions rendered by different Benches of Central Administrative Tribunal granting financial upgradation of grade pay in the next promotional hierarchy by placing reliance upon Union of India and others v. Raj Pal and another CWP No.19387 of 2011 dated 19.10.2011. In these batch matters, we are concerned with the question whether MACP Scheme entitles financial upgradation to the next grade pay or to the grade pay of the next promotional hierarchy.

3. In all these appeals, almost all the High Courts have followed the Raj Pal and Ved Prakash’s case and granted relief as prayed for by the Being aggrieved, the appellant- UOI has filed these appeals.

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

4. The main questions falling for consideration in these appeals are:-

•     Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme? Whether MACP Scheme envisages grant of financial upgradation in Grade Pay Hierarchy and not in promotional hierarchy?
•     As contended by the respondents, whether MACP scheme is disadvantageous to the employees in comparison to ACP scheme as long as the financial upgradation is granted in hierarchy of grade pay under MACP scheme?
•     Whether respondents are entitled to stepping up of their grade pay to be at par with grade pay of their juniors who were getting the higher grade pay on account of implementation of MACP Scheme?

Appeals relating to Issue No.III were ordered to be de-tagged and listed separately.

5. At the outset, it is to be pointed out that almost all the Tribunals/High Courts have only relied upon Raj Pal’s case for grant of financial upgradation on promotional hierarchy and rejected the stand of the appellant-UOI that under MACP scheme, the employees are entitled to financial upgradation of the next grade pay only. Since the matter was considered on merits and since the issue involves impact on the public ex- chequer and also interest of the staff of various establishments, we requested learned Senior counsel, Mr. Jaideep Gupta to assist the Court as amicus curiae which the learned Senior counsel has readily Mr. Kunal Chatterji, learned counsel has agreed to assist the learned Senior counsel-amicus.

 Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

Assured Career Progression (ACP) Scheme :-

6. The Government of India with a view to “deal with the problem of genuine stagnation and hardship faced by the employees due to lack of adequate promotional avenues”, introduced the Assured Career Progression (ACP) Scheme with effect from 09.08.1999 vide its Office Memorandum dated 09.08.1999. To mitigate the hardship in cases of acute stagnation in a cadre or in an isolated post, it has been decided to grant two financial upgradations under the ACP Scheme to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 and 24 years of regular service. As per ACP Scheme, isolated post in Group ‘A’, ‘B’, ‘C’ and ‘D’ cadres which have no promotional avenues also qualify for similar benefits. The financial upgradations under the ACP Scheme is placement in the higher Pay Scale and financial benefits in the higher Pay Scale without regular promotion. Under the financial upgradation, grant of financial benefits under the ACP Scheme to the government servants concerned is on personal basis. Such financial upgradation neither amounts to regular promotion nor require creation of new post. Some of the salient features of the ACP Scheme are as follows:-

•     The ACP Scheme envisages merely placement in the higher pay- scale/grant of financial benefits (through financial upgradation) only to the Government servant concerned on personal basis and shall, therefore, neither amount to functional/regular promotion nor would require creation of new posts for the purpose;
•     Under the ACP Scheme, two financial upgradations shall be allowed to Group ‘B’, ‘C’ and ‘D’ employees on completion of 12 years and 24 years of his/her regular service. As per para 1 of Annexure-1 – conditions for grant of benefits under the ACP Scheme, it is stipulated that two financial upgradations would be available only if no regular promotion during the prescribed period (12 and 24 years) was granted to an employee. If an employee has already received one regular promotion, he/she would qualify for second ACP only on completion of 24 years of regular service. However, in case if two regular promotions have been received by an employee, no further benefit under the ACP Scheme would accrue in favour of the employee.
•     As per para 1 of the Office Memorandum dated 09.08.1999, the grant of financial upgradations under the ACP Scheme shall be subject to the conditions mentioned in the Annexure-I annexed thereon to the Office Memorandum dated 09.08.1999.

7. Para 8 of the Annexure provides that the financial upgradations shall be purely personal to the employee and would have no relevance to his/her seniority position. In other words, there would be no additional financial upgradations for the senior employee on the ground that the junior employee has got the higher pay scale under the ACP Scheme. Para No.12 of Annexure-I provides that the ACP Scheme contemplates merely placement on personal basis in the higher pay scale/grant of financial benefits only and shall not amount to actual functional promotion of the employees concerned. We may usefully refer to the relevant features of the ACP Scheme as stipulated in Annexure-I to the Office Memorandum dated 09.08.1999-Conditions for Grant of Benefits under the ACP Scheme, which reads as under:-

Conditions for grant of benefits under the ACP Scheme :-

1. The ACP Scheme envisages merely placement in the higher pay-scale/grant of financial benefits (through financial upgradation) only to the Government servant concerned on personal basis and shall, therefore, neither amount to functional/regular promotion nor would require creation of new posts for the purpose;

………

4. The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of the first financial upgradation subject to fulfilment of prescribed conditions. In other words, if the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings, etc. this would have consequential effect on the second upgradation which would also get deferred accordingly;

………

8. The financial upgradation under the ACP Scheme shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employee on the ground that the junior employee in the grade has got higher pay-scale under the ACP Scheme;

……….

12. The proposed ACP Scheme contemplates merely placement on personal basis in the higher pay-scale/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. Since orders regarding reservation in promotion are applicable only in the case of regular promotion, reservation orders/roster shall not apply to the ACP Scheme which shall extend its benefits uniformly to all eligible SC/ST employees also. However, at the time of regular/functional (actual) promotion, the Cadre Controlling Authorities shall ensure that all reservation orders are applied strictly;

………”

8. ACP Scheme was replaced by Modified Assured Career Progression (MACP) Scheme which became operational with effect from 09.2008. The Sixth Central Pay Commission has recommended the adoption of MACP Scheme primarily to rectify the problems arising from inter-departmental disparities:-

•     ACP Scheme led to creation of certain disparities within the employees in different organisations/departments who were directly recruited in the same pay scale who received different financial upgradations under the ACP Scheme because of existence of different promotional hierarchical structure and different promotional pay scales in different organisations/ departments;
•     Another adverse consequence in the implementation of the ACP Scheme was that the benefit of a higher pay scale was not available if the next post in the hierarchy also existed in the identical pay scale. 

9. In order to bring systematic changes in the existing scheme of ACP so that all employees irrespective of existing hierarchical structure in their organisations/cadre get the same benefit, MACP was recommended by the Sixth Central Pay Commission which was accepted by the Government with certain modifications vide its Office Memorandum dated 05.2009. Under the Sixth Central Pay Commission, revised pay structure has been implemented with effect from 01.01.2006; whereas benefits of ACP Scheme have been allowed till 31.08.2008. Vide Office Memorandum dated 19.05.2009, the Government of India introduced the MACP Scheme, in supersession of the ACP Scheme w.e.f. 01.09.2008. There shall be no change in distinction, classification or higher status on grant of financial upgradation under MACP as the upgradation is purely personal and merely placement in the next higher Grade Pay.

Modified Assured Career Progression (MACP) Scheme:-

10. Under the MACP Scheme, three financial upgradations are made available in the next grade pay to an employee who has completed 10, 20 and 30 years of regular service in the same post without getting any The benefit would be available at the next higher grade pay. Some of the salient features of the MACP Scheme are as follows:-

•     Para 2 of the MACP Scheme provides that the “MACP Scheme envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay”.
•     As per para 10 of the MACP Scheme – Office Memorandum dated 19.05.2009, no stepping up of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under the MACP Scheme.
•     As per para No.11 of the said memorandum dated 19.05.2009, the differences in pay scales on account of financial upgradations under the ACP Scheme and MACP Scheme would not be construed as anomaly.

11. Para (19) of MACP Scheme contemplates merely placement on personal basis in the immediate higher grade pay / grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. As per para (20) of the MACP Scheme, financial upgradations shall be purely personal to the employee and shall have no relevance to the seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employees in the grade have received higher grade pay under MACP Scheme. We may usefully extract the relevant portion of Annexure-I of the Office Memorandum dated 19.05.2009, which reads as under:-

ANNEXURE-I

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS)

    There shall be three financial upgradation s under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years service Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade-pay.
    The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. ln such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

…………

17. The financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-1.Thereafter for upgradation under the MACPS the benchmark of ‘good’ would be applicable till the grade pay of Rs. 6600/- in PB-3. The benchmark will be ‘Very Good’ for financial upgradation to the grade pay of Rs. 7600 and above.

19. The MACPS contemplates merely placement on personal basis in the immediate higher Grade pay /grant of financial benefits only and shall not amount to actual functional promotion of the employees Therefore, no reservation orders/roster shall apply to the MACPS, which shall extend its benefits uniformly to all eligible SC/ST employees also. However, the rules of reservation in promotion shall be ensured at the time of regular promotion. For this reason, it shall not be mandatory to associate members of SC/ST in the Screening Committee meant to consider cases for grant of financial upgradation under the Scheme.

………….

25. If a regular promotion has been offered but was refused by the employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the second the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.

……………”

12. Clause 28 contains illustrations as to grant of financial upgradation under MACP. The illustrations in Clause 28 of the Scheme can easily be understood by referring to the First Schedule, Part-A of Section 1 of Central Civil Services (Revised Pay) Rules, 2008 which gives a comparison of the scale of pay under the 5th Pay Commission and the 6th Pay Commission as under:-

Download order:

MACP-ACP-Scheme-Supreme-Court-Judgement_05-Mar-2020

MACP to Central Government Civil Employees, clarification for constitution of Screening Committee - DoP

MACP to Central Government Civil Employees, clarification for constitution of Screening Committee - DoP

Latest News MACP Central Govt Employees

No.4-7/MACPS /2019-PCC
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi-110001
Date: 10.02.2020

To
All Heads of Circles.
Sub: Modified Assured Carrier Progression Scheme to Central Government Civil Employees, clarification for constitution of Screening Committee - reg.

Sir/ Madam,

The undersigned has been directed to invite your kind attention to the para 4 & 5 of DoP&T OM No.350341312015-Estt.(D) MACP 22nd October, 2019 circulated vide this Directorate OM of even No. dated 30. 10.2019 regarding constitution of Screening Committee.

2. Keeping In view of the difficulties experienced by various Circles for constitution of the Screening Committee due to non availability of officers of the rank of prescribed status, the issue was re-examined in the changed scenario of 7th CPC, and it has been decided by the competent authority to modify the clarification, issued vide this Directorate OM No. 4-7/ MACPS/2009 - PCC dated 09.12.2009, corrigendum dated 11.12.2009 and dated 09.04.2010, as follows:

"The Chairperson should be one grade above the member of the Committee. The officer holding the post in JTS in Pay Matrix Level-10 (in the event of non-availability of STS Officer) can act as Chairperson of the Screening Committee. The officer of PS Group 'B' in Pay Matrix Level-9 can act as Member of the Screening Committee at Divisional level."

3. This issues with the approval of the Secretary (Posts).

(S.B.Vyavahare)
Assistant Director General (PCC/GDS)

MACP ON PROMOTIONAL HIERARCHY - MACP Supreme Court Order - Heard & Reserved - Order dated 23 Jan 2020

MACP ON PROMOTIONAL HIERARCHY - MACP Supreme Court Order - Heard & Reserved - Order dated 23 Jan 2020

 Latest MACP orders from DoPT 

Arguments have been completed and the case is now reserved for orders. We expect a judgment allowing MACP on promotional hierarchy.

MACP on Promotional Hierarchy - Supreme Court Case Status - Order reserved

MACP ON PROMOTIONAL HIERARCHY

Supreme Court Case No 21803/2014

Updates of today’s/ Final hearing-

Advocate C K Sasi (AOR), who was well briefed by us, argued the case for M V Mohanan Nair. Advocates, representing to other respondents also done commendable job. Actually it was a well organised team work. Amicus Curiae presented the case extremely well. He also submitted a written statement of his arguments to the court. As a result, the court realized the following:

1. There are anomalies in MACP scheme as evident from Minutes of Meeting of Anomaly Committee.
2. These anomalies are affecting Group B & C employees and no impact on Group A.
3. These anomalies have life long impact.

Arguments have been completed and the case is now reserved for orders. We expect a judgment allowing MACP on promotional hierarchy.

Thanks

for Steering Committee

MACP on Promotional hierarchy

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

 

Case Status from Supreme Court Website:-

Diary No.- 14117 – 2014

UNION OF INDIA SECRETARY vs. M.V. MOHANAN NAIR

Case Details

Diary No.	14117/2014 Filed on 24-04-2014 06:10 PM PENDING [SECTION: XI-A]
Case No.	SLP(C) No. 021803 / 2014  Registered on 08-08-2014 S.L.P.(C)…CC No. 008271 / 2014  Registered on 21-05-2014
Present / Last Listed On	23-01-2020 [HON’BLE MRS. JUSTICE R. BANUMATHI, HON’BLE MR. JUSTICE A.S. BOPANNA and HON’BLE MR. JUSTICE HRISHIKESH ROY] [CL.NO. : 101]
Status/Stage	Pending – (Final Hearing) Heard & Reserved-Ord dt:23-01-2020
Admitted	[ADMITTED ON : 30-07-2019]
Category	1900 -Three Judges Bench Matter
Act
Petitioner (s)	1. UNION OF INDIA .DEPT OF PERSONNEL AND TRAINING SECRETARY SECRETARY MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION , DISTRICT: NEW DELHI , NEW DELHI , DELHI2 THE PRINCIPAL REGISTRAR CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, 61/35, COPERNICUS MARG , DISTRICT: NEW DELHI ,NEW DELHI , DELHI3 KERALA CENTRAL ADMINISTRATIVE TRIBUNAL THE DEPUTY REGISTRAR ERNAKULAM BENCH , DISTRICT: KOCHIN, ERNAKULAM , KERALA
Respondent (s)	1. M.V. MOHANAN NAIR S/D/W/Thru:- M.R VISHWANATHAN NAIR PHOTO COPIER, CENTRAL ADMINISTRATIVE TRIBUNAL , DISTRICT: ERNAKULAM KOCHIN ,ERNAKULAM , KERALA
Pet. Advocate(s)	ARVIND KUMAR SHARMA [P-2] ARVIND KUMAR SHARMA [P-1] ARVIND KUMAR SHARMA [P-3] MUKESH KUMAR MARORIA
Resp. Advocate(s)	C. K. SASI G. PRAKASH
Impleaders Advocate(s)	MOHAN KUMAR [IMPL]
Intervenor Advocate(s)	M. K. DUA[INT] RAMESHWAR PRASAD GOYAL[INT] SATISH KUMAR[INT]

Court Case, dopt latest order for macp, latest supreme court judgement on macp on promotional hierarchy, MACP, MACP on Promotional Hierarchy, supreme court decision on macp on promotional hierarchy, supreme court judgement on macp implementation, supreme court macp order

7th CPC Date of next increment under Rule 10 of Central Civil Services Revised Pay Rules 2016

7th CPC Date of next increment under Rule 10 of Central Civil Services Revised Pay Rules 2016

No. 4-21/2017-IC/E.IIIA
Government of India
Ministry of Finance
Department of Expenditure

---

North Block, New Delhi-110001
Dated the 28th November, 2019

OFFICE MEMORANDUM

Subject: Date of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 - Clarifications - regarding.

The undersigned is directed to invite the attention to Rule 10 of the CCS (RP) Rules, 2016 which provides for the entitlement of employees for drawal of annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgrdation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial up­-gradation including up-gradation under Modified Assured Carrier Progression Scheme (MACPS) during the period between the 2nd day of January and 1stday of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial up-gradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

Expected DA January 2020

2. A number of references were received in the Ministry of Finance seeking clarifications regarding drawal of next increment by the employees promoted on 1st July, 2016. On consideration of the matter, Department of Expenditure vide it’s Office Memorandum of even number dated 31.07.2018 has clarified that in case an employee is promoted or granted financial up-gradation including up-gradation under the MACP scheme on 1st January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule 13 of the CCS (RP) Rules, 2016, the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July or 1st January, as the case may be, provided a period of 6 months qualifying service is strictly fulfilled. The next increment thereafter shall, however, accrue only after completion of one year.

3. Consequent upon issue of Office Memorandum dated 31.07.2018 different Ministries/ Departments have sought clarification on applicability of DOE's O.M dated 31.07.2018 keeping in view the provisions of Rule 10 of CCS (RP) Rules 2016 , Rule 22(I)(a)(1) of Fundamental Rules & provisions of Stepping up of pay. The issues on which various Ministries / Departments have sought clarifications and decisions thereon are brought in the succeeding paragraphs.

Issue No. 1: Whether after promotion on 1st July and fixation of pay with two increments the date of next increment will be 1st January or 1st July

4. During the regime of 6th CPC, when the annual increment was admissible uniformly on 1st July every year, employees completing 6 months and above in the revised pay structure as on 1st July were eligible for grant of increment. In the 7th CPC regime there are two dates of increments pt January and 1st July. Keeping in view the spirit of 6th CPC, O.M dated 31.07.2018 was issued providing for accrual of next increment on 1st July/1st January in respect of employees getting promotion on , 1st January/ 1st July provided 6 months qualifying service is strictly fulfilled.

5. The instructions contained in the O.M. dated 31.07.2018 are self-explanatory in respect of the cases of promotion/ financial up-gradation falling on 1st July or 1st January. These instructions provide that in case of promotion/ financial up­ gradation on 1st July and 1st January and getting fixation of pay in the Level applicable to the post in which promotion is made in accordance with Rule 13 of the CCS (RP) Rules 2016, the first increment in the level in which promotion is made shall accrue on the following 1st January or 1st July, as the case may be, provided a period of 6 months’ qualifying service is fulfilled.

Issue No.2 : Accrual of next increment in case of regular promotion / financial up­ gradation of an employee on any date other than the date of annual increment and option for pay fixation is exercised under FR 22(I)(a)(1).

The opportunity to exercise of option for pay fixation under FR 22(I)(a)(1) is available to employees in case of promotion / financial up-gradation. Therefore, the Central Government Employee promoted on regular basis/granted financial up­ gradation on any date other than the date of his/ her annual increment in lower grade and exercises the option under FR 22(I)(a)(1) read with Department of Personnel & Training’s OM No.13/02/2017-Estt.(Pay-I) dated 27.07.2017 for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, he may be allowed the 1st increment in promotional grade on 1st January/ 1st July as the case may be after completion of 6 months’ qualifying service after such fixation on 1st July/ 1st January (i.e., the date of increment in lower grade) on the analogy of Department of Expenditure’s OM dated 31.07.2018. The next increment, thereafter, shall however, accrue only after completion of one year.

Since there is material change, it has also been approved that the employees who have been regularly promoted or granted financial up-gradation on or after 01.01.2016 and desire to exercise/ re-exercise option for pay fixation under FR22(I)(a) (l) shall be given an opportunity to exercise or re-exercise of the option there under. Such an option shall be exercised within one month of issue of this O.M.
These instructions will be applicable with effect from 01.01.2016.

In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

Hindi version of these orders is attached.

(B.K.Manthan)
Deputy Secretary to the Government of India

Source: DoE

Grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees – Hon’ble CAT Jaipur Bench – DoP

Grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees – Hon’ble CAT Jaipur Bench – DoP

MACP

No.2-24/2019-PCC

Government of India

Ministry of Communications

Department of Posts

Dak Bhawan, Sansad Marg,

New Delhi – 110001

Date : 22/11/2019

To,

Chief Postmaster General
Rajasthan Circle, Jaipur – 302 007.

Subject: Hon’ble CAT Jaipur Bench OA No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. -regarding grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees.

Sir,

On the above noted subject, I am directed to inform you that this Directorate has received an OA bearing No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. and your office might be received the same being a respondent in the case.

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

2. In the instant OA, the applicant has sought for relief for grant of benefit of MACP Scheme with effect from the commencement of 6th CPC i.e. 01.01.2006 instead of 01.09.2008, by quoting the. judgement dated 08.12.2017 of Hon’ble Supreme Court of India in case of Balvir Singh Civil Appeal Diary No. 3744 of 2016.

3. In this regard, I am directed to forward herewith a copy of Department of Personnel & Training Office Memorandum No. 43019/5/2019-Estt.-D dated 01.11.2019 containing facts / grounds for defending the issue involved in the OA, and request you to kindly get the counter reply prepared and filed on the basis of the facts / grounds provided by the DoP&T.

4. It is also requested to defend the case properly and to intimate the outcome of the proceedings periodically to this Directorate.

Encl: (As Above)

(S.B.Vyavahare)

Assistant Director General (PCC/GDS)

Date of next increment under Rule 10 of the CCS RP Rules, 2016 – DoE

MACP

Date of next increment under Rule 10 of the CCS RP Rules, 2016 – DoE

The undersigned is directed to invite the attention to Rule 10 of the CCS (RP) Rules, 2016 which provides for the entitlement of employees for drawal of annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgrdation. The Sub-Rule (2) thereof provides that increment in respect of an employee appointed or promoted or granted financial up-gradation including up-gradation under Modified Assured Carrier Progression Scheme (MACPS) during the period between the 2nd day of January and 1st day of July (both inclusive) shall be granted on 1st day of January and the increment in respect of an employee appointed or promoted or granted financial up-gradation under MACPS during the period between the 2nd day of July and 1st day of January (both inclusive) shall be granted on 1st day of July.

Also check:Pay Fixation on Promotion or MACP in 7th CPC – Option Calculation with illustrations

2. A number of references were received in the Ministry of Finance seeking clarifications regarding drawal of next increment by the employees promoted on 1st July, 2016. On consideration of the matter, Department of Expenditure vide it’s Office Memorandum of even number dated 31.07.2018 has clarified that in case an employee is promoted or granted financial up-gradation including up-gradation under the MACP scheme on 1st January or 1st July, where the pay is fixed in the Level applicable to the post on which promotion is made in accordance with the Rule 13 of the CCS (RP) Rules, 2016, the first increment in the Level applicable to the post on which promotion is made shall accrue on the following 1st July or 1st January, as the case may be, provided a period of 6 months qualifying service is strictly fulfilled. The next increment thereafter shall, however, accrue only after completion of one year.

3. Consequent upon issue of Office Memorandum dated 31.07.2018 different Ministries/ Departments have sought clarification on applicability of DOE’s O.M dated 31.07.2018 keeping in view the provisions of Rule 10 of CCS (RP) Rules 2016 , Rule 22(I)(a)(1) of Fundamental Rules & provisions of Stepping up of pay. The issues on which various Ministries/Departments have sought clarifications and decisions thereon are brought in the succeeding paragraphs.

    "Issue No. 1: Whether after promotion on 1st July and fixation of pay with two increments the date of next increment will be 1st January or 1st July"

4. During the regime of 6th CPC, when the annual increment was admissible uniformly on 1st July every year, employees completing 6 months and above in the revised pay structure as on 1st July were eligible for grant of increment. In the 7th CPC regime there are two dates of increments 1st January and 1st July. Keeping in view the spirit of 6th CPC, O.M dated 31.07.2018 was issued providing for accrual of next increment on 1st July/1st January in respect of employees getting promotion on 1st January/1st July provided 6 months qualifying service is strictly fulfilled.

5. The instructions contained in the O.M. dated 31.07.2018 are self-explanatory in respect of the cases of promotion/ financial up-gradation falling on 1st July or Pt January. These instructions provide that in case of promotion/financial up-gradation on 1st July and 1st January and getting fixation of pay in the Level applicable to the post in which promotion is made in accordance with Rule 13 of the CCS (RP) Rules 2016, the first increment in the level in which promotion is made shall accrue on the following 1st January or 1st July, as the case may be, provided a period of 6 months’ qualifying service is fulfilled.

    "Issue No.2: Accrual of next increment in case of regular promotion /financial up-gradation of an employee on any date other than the date of annual increment and option for pay fixation is exercised under FR 22(I)(a)(1)."

6. The opportunity to exercise of option for pay fixation under FR 22(I)(a)(1) is available to employees in case of promotion/financial up-gradation. Therefore, the Central Government Employee promoted on regular basis/granted financial up-gradation on any date other than the date of his/her annual increment in lower grade and exercises the option under FR 22(I)(a)(1) read with Department of Personnel & Training’s OM No.13/02/2017-Estt.(Pay-I) dated 27.07.2017 for fixation of pay from the date of accrual of next increment in the scale of pay in lower grade, he may be allowed the 1st increment in promotional grade on 1st January/ 1st July as the case may be after completion of 6 months’ qualifying service after such fixation on 1st July/1st January (i.e., the date of increment in lower grade) on the analogy of Department of Expenditure’s OM dated 31.07.2018. The next increment, thereafter, shall however, accrue only after completion of one year.

7. Since there is material change, it has also been approved that the employees who have been regularly promoted or granted financial up-gradation on or after 01.01.2016 and desire to exercise/re-exercise option for pay fixation under FR22(I)(a)(1) shall be given an opportunity to exercise or re-exercise of the option there under. Such an option shall be exercised within one month of issue of this O.M.

8. These instructions will be applicable with effect from 01.01.2016.

9. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

10. Hindi version of these orders is attached.

(B.K.Manthan)

Deputy Secretary to the Government of India

MACP CAT Chandigarh - Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

MACP CAT Chandigarh

Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

OA. 063/00687/2018
MA No. 063/00460/2019

Reserved on : 24.09.2019
Pronounced on: 14.11.2019

HON’BLE MR. SANJEEV KAUSHIK, MEMBER(J)
HON’BLE MR. A.K. BISHNOI , MEMBER(A)

1. Shalini Naagi wife of Sh. Suraj Prakash, aged 49 years r/o H. No. 261, Gurdev Nagar, Zirkpur, Distt. Mohali (Pb) Office Superintendent, (Group ‘B’ Non Gazetted), Office of Additional Surveyor General, Northern Zone, Survey of India, Chandigarh.
2. Satbir Singh son of Sh. Surjan Singh, aged 59 years, r/o H. No. 565, Sector 32-A, Chandigarh, Office Superintendent, (Group „B‟ Non-Gazetted) Office of Director HP GDC, Survey of India, Chandigarh.
3. Habib Ahmad Siddiqui son of Late Sh. N.M. Siddiqui, aged 59 years r/o H. No. 603/B, Sector 32- A, Chandigarh, Office Superintendent, (Group „B‟ Non Gazetted) Office of Director Punjab, Haryana and Chandigarh GDC, Survey of India, Chandigarh.

…APPLICANTS
(Through Shri R.C. Sharma, Advocate)

VERSUS

1. Union of India, through Secretary to Government of India,Ministry of Science and Technology, New Mehrauli Road, Block C, Admin, New Delhi-110 016.
2. The Surveyor General of India, Hathibarkala Estate, Dehradun, Uttrakhand.
3. The Additional Surveyor General, Northern Zone, Survey of India, Sector 32-A, Chandigarh.
4. Director, Punjab, Haryana and Chandigarh GDC, Survey of India, Sector 32-A, Chandigarh.
5. Director, Himachal Pradesh GDC, Survey of India, Sector 32-A, Chandigarh.

…….RESPONDENTS

(Through Shri K.K. Thakur, Advocate)

ORDER

MR. A.K. BISHNOI, MEMBER (A):

The applicants have filed the present Original Application seeking the following reliefs:
“It is respectfully prayed that in view of the submissions made above this Hon’ble Tribunal may be pleased to set aside the impugned letters/ orders impugned communications/letters dated 22.05.2017 of the Respondent No.1 (Annexure A-6) and impugned letters dated 09.06.2017 and 01.12.2017 of the respondent number 2 (Annexure A-7 and A-8) effecting reversal and cancellation of the benefit of MACP granted to the applicants.”

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

2. Briefly, the facts of the case are as follows:

2.1 On implementation of Sixth Central Pay Commission (CPC) with effect from 01.01.2006, both the posts of Assistant and Office Superintendent (OS) were merged and assigned the same pay band and grade pay i.e. Pay Band of Rs. 9300-34800 (PB 2) with Grade Pay of Rs. 4200/-. On 15.06.2009, MACP Scheme was notified requiring financial upgradation on completion of 10, 20 and 30 years of service or 10 years of service in same grade pay.

2.2 The applicants were granted third MACP with effect from 30.07.2014, 27.09.2013 and 16.12.2012 vide letters dated 28.07.2014, 03.03.2014 and 03.01.2013 respectively on completion of 30 years of service and on remaining in the same grade pay for ten years. Some persons junior to the applicants who had not been promoted, were granted the benefit of third MACP with Grade Pay of Rs.4600/-. The applicants continued to receive pay and allowances on the basis of pay fixed after grant of MACP. However, through communication dated 22.05.2017, it was informed by respondent no.1 to respondent no.2 that MACP was not admissible to the applicants as the promotion from the post of Assistant to OS cannot be ignored for this purpose.

2.3 Subsequently, vide orders dated 09.06.2017 and 01.12.2017 (Annexures A-7 and A-8), the grant of MACP to the applicants was reversed. The applicants thereafter submitted representations to reconsider the decision of reducing the grade pay (Annexures A-9, A-10 and A-11) but no relief was granted by the respondents. Applicants have relied on the judgment rendered by the Hon‟ble Delhi High Court in Government of NCT of Delhi & Anr. Vs. S.K. Saraswat & Ors. decided on 09.05.2016 to fortify their stand.

3. The respondents in their counter reply have submitted that the applicants were promoted to the post of Office Superintendent from the post of Assistants on the dates as given above and were performing higher duties, but, in view of the merger of pay scales of Assistant and Office Superintendent as per Sixth CPC, the applicants were not granted any financial benefit on promotion from Assistant to the post of Superintendent at that stage. But, later on, as per the clarification dated 07.01.2013 received from Ministry of Finance, the applicants were granted the benefit of pay fixation by giving 3% increment and on completion of 30 years of regular service, they were granted third MACP with Grade Pay of Rs. 4600/- in PB-3 of Rs. 9300-34800. However, later on in view of some query raised, vide letter dated 22.05.2017, it was informed as follows:-

• Assistants who have already received MACP in the Grade Pay of Rs. 4600/- are not eligible for any financial benefit on regular promotion to the post of Office Superintendent.
• No MACP is eligible to Office Superintendent by ignoring his promotion from the post of Assistant to Office Superintendent.

3.1. In view of the above instructions, the third MACP benefits granted to the applicants were cancelled and the fixation of pay in respect of the concerned officers was carried out as per SGO‟s letter dated 09.06.2017 (Annexure A-7).

3.2. Respondents have further submitted that they always have a right to rectify the mistake and in this regard, they have cited the judgments in Jagdish Prajapati Vs. the State of Rajasthan and Ors., 1998 (2) ATJ, P-286, Anand Prakash Vs. State of Punjab, 2005 (4) RSJ 749 and Raj Kumar Batra Vs. State of Haryana, 1992 (1) SCT 129.

4. Shri R.C. Sharma, learned counsel appearing on behalf of the applicants vehemently contended that the action of the respondents in withdrawing the MACP benefits was contrary to the spirit of the Scheme and in this regard specifically referred to para 5 of the MACP Scheme according to which where two posts have been merged and after merger carry the same grade pay, then the effect of promotion from one of these posts to the other shall be ignored for the purpose of granting upgradation under the MACP.

5. Shri K.K. Thakur, learned counsel for the respondents, on the other hand, argued that in terms of para 8 of the MACP Scheme, promotions earned in the post carrying same grade pay in the promotional hierarchy, shall be counted for the purpose of MACP.

6. We have carefully gone through the pleadings on record and also the arguments advanced by the learned counsel for both sides. We have also considered the judgments cited by the two sides.
7. For clarity of understanding some parts of the MACP Scheme are extracted below:

“2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organization will be given only at the time of regular promotion.

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5. Promotions earned / upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales / upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs.

Illustration - 1

The pre-revised hierarchy (in ascending order) in a particular organization was as under:-
Rs. 5000-8000, Rs. 5500-9000 & Rs. 6500-10500.

(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000- 8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.

(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000- 8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.


In the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006 will be ignored on account of merger of the pre-revised scales of Rs. 50008000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2.”

8. Para 8 of the Scheme is reproduced as follows:

“8. Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

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.”

9. This issue relating to the effect of merger of pay scales has been examined in extensive and minute detail by the Hon’ble High Court of Delhi in S.K. Saraswat (supra), the relevant portions of the judgment are extracted below:

“4. In order to appreciate and understand the controversy, we would like to refer to the basic facts. The respondents, 55 in number are direct appointees to the post of Principal. Their pay- scale as in the case of Education Officer and Assistant Director of Education prior to the implementation of the Sixth Pay Commission was Rs.10,000 – 15,200. The pre-revised pay scale in the promotional post of Deputy Director of Education was Rs.12,000 – 16,500. On the recommendation of the Sixth Pay Commission, the pay scales of Principal, Education Officer and Assistant Director of Education were enhanced and merged with the pay scale of Deputy Director of Education, i.e. Rs.12,000 – 16,500. Accordingly, employees holding the post of Principal, Education Officer, Assistant Director of Education or Deputy Director of Education became entitled to an equal/identical pay-scale of Rs.12,000 – 16,500, and revised pay scale of Grade Pay of Rs.7600 in Pay Band -3 [Rs.15,600 – 39100]. It is in this factual matrix that the issue arises whether the Tribunal was justified in accepting the plea and contention of the respondents that they would be entitled to first financial upgradation in the Grade Pay of Rs.8700, second financial upgradation in the Grade Pay of Rs.8900 and third financial upgradation in the Grade Pay of Rs.10000.

5. As noted above, the petitioners herein had earlier issued letter dated 22nd October, 2009 accepting the said position, but have later on changed their stand and stance and have positioned that the respondents would be entitled to financial upgradation only in the Grade Pay of Rs.7600 in Pay Band-3. In other words, there would not be any increase in grade pay of Rs 7600, but respondents would be entitled to benefit in the form of increments under Fundamental Rule 22(1)(a)(i).
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The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.

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12. Paragraph 5 of the MACP Scheme refers to both- upgradations granted under the erstwhile ACP Scheme and promotions earned in the past to grades which have merged as a result of merger of pay-scales or upgradation of posts. These have to be ignored, and the reason is illuminate. Merger of pay scales nullifies and negates the very objective and purpose of the Scheme. Thus, promotions earned or upgradations granted under the ACP Scheme when they have merged, either as a result of merger of posts or pay scales, have to be ignored for the purpose of granting upgradations under the MACP Scheme. Mandate of Rule 4 is clarified by way of an illustration, which is instructive. A government servant, recruited in the hierarchy in the pre-revised pay-scale of Rs.5000-8000 and granted financial upgradations in the pre-revised pay-scale of Rs.5500-9000 and Rs.6500-10500, on merger of the aforesaid three pay-scales would be entitled to financial upgradations in the Grade Pay of Rs.4600 and Rs.4800 in Pay Band-2. Such government servant would not be paid the Grade Pay of Rs.4200 in Pay Band-2, which is the grade pay corresponding to pre-revised pay-scales. The reason is that pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, have been merged into one pay-scale.

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17. Paragraph 8 also deals with computation for the purpose of MACP Scheme. In the beginning itself, we would say and accept that paragraph 8 is ambiguous and confusing. It is not happily worded. One way of reading the said paragraph, which consists of one sentence, is in the manner suggested by the petitioners i.e. promotions in the hierarchy which have the same grade pay shall be counted for the purpose of MACP Scheme. In other words, if the promotional post carries the same grade pay, the promotion will still be counted or treated as financial upgradation for the purpose of the MACP Scheme. However, this interpretation would be counter to and is in conflict with the precept and foundation of the MACP Scheme, which, as noticed above, refers to the immediate next higher grade pay in the hierarchy given in Section 1, Part-A of the first schedule of the Rules. The difficulty in accepting this interpretation is that it will over-turn the basis and edifice of the said Scheme and would be contrary to paragraphs 1, 2, 4, 5 and 6.2. We have already noticed these paragraphs, including paragraph 2 and interpreted the same. Paragraph 2 states that financial upgradation under the MACP Scheme cannot be understood and applied with reference to promotional pay-scales, for the same can be different. This is clear from the second sentence of paragraph 2. The third and the last sentence of paragraph 2 by way of an illustration accepts that the higher grade pay attached to the next promotional post in the hierarchy will be given at the time of regular promotion. We would observe that use of word “higher” in the last sentence is for the purpose of demonstration to rule out confusion and ambiguity. It is possible that the next higher promotional post may well have pay-scale of the lower post. It is in this context that the recommendations of the Sixth Pay Commission in paragraph 6.1.15 are relevant. If the legislature i.e. the Government, which had issued the Scheme, wanted to restrict financial upgradation and not collate it to the next higher grade pay in the hierarchy, it would have stipulated as such in Section 1, Part-A of the Rules. The said stipulation, would have been properly clarified and so stated in paragraph 2 itself. The second sentence of paragraph 2 expressly and clearly states that the grade pay at the time of financial upgradation under the MACP Scheme can in some cases be different from the pay-scale/grade pay applicable on regular promotion. The second sentence does not refer only to the situation where the grade pay is higher in the promotional post. The third sentence in paragraph 2 is also by way of an illustration. Consequence of the interpretation, as suggested by the petitioners would be an absurdity, contradiction and cause hardship. We would hesitate to observe that this was the legislative intent. Such interpretation would frustrate the core foundation of the Scheme.

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18. In view of the aforesaid discussion, we do not find any merit in the present writ petition and the same is dismissed. In the facts of the present case, there will be no order as to costs.”

10. It can clearly be seen that the present case is squarely covered by the judgement of the Hon‟ble High Court of Delhi in S.K. Saraswat (supra).

11. From a reading of Para 5 of the MACP Scheme, it is abundantly clear that the case of the applicants is fully governed by the said provision. Further, from the illustration given with Para 5 of the MACP Scheme, there is no doubt left whatsoever. Para 8 of the Scheme is of a general nature, in a different context and cannot be said to have overriding effect on Para 5 of the Scheme, which is very specific.

12. As for the case law cited by the respondents, in the facts and circumstances of the case they lend no support to the arguments advanced by the respondents.

13. In view of the above, the OA is allowed and the impugned orders are set aside. The applicants shall be granted all consequential benefits within a period of sixty days of the receipt of a certified copy of this order. No order as to costs.

(A.K. Bishnoi), Member (A)
(Sanjeev Kaushik), Member (J)

Source: CAT Chandigarh