Showing posts with label MACP Scheme. Show all posts
Showing posts with label MACP Scheme. Show all posts

Sunday, 11 April 2021

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

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.

Tuesday, 23 February 2021

Grant of Grade Pay of Rs. 5400 (PB 2) i.e. Level 9 of Pay Matrix in case of Assistant Accounts Officer of Defence Accounts Department

7th CPC Non-Functional Up-gradation

7th CPC Non-Functional Up 

gradation - Level 9 of Pay Matrix in case of AAO - PCDA

PCDA

”हर काम देश के नाम”
रक्षा लेखा प्रधान नियंत्रक (प.क.) चंडीगढ़
Principal Controller of Defence Accounts
(Western Command), Chandigarh- 160009

IMPORTANT CIRCULAR
(Through PCDA (WC) Website)

No. AN/III/1874/NFU

Dated: 17.02.2021

To,
All Sub Offices and IFAs (under PCDA (WC) Chd.)
All Sections (Main Office, PCDA (WC) Chd.)

Subject: Implementation of the recommendation of 7th CPC – Para 11.12.140 – Grant of Grade Pay of Rs. 5400 (PB 2) i.e. Level 9 of Pay Matrix in case of Assistant Accounts Officer of Defence Accounts Department of Ministry of Defence: Grant of Non-Functional Up-gradation (NFU).

The CGDA, Delhi Cantt office vide their letter no. AN/XIV/14162/7th CPC/ Vol-II dated 13.11.2020 has intimated that the revised pay scale of the post of Assistant Accounts Officer in Defence Accounts Department would be in Level-8 of Pay Matrix and Level-9 (7th CPC) on completion of 04 years in Grade Pay of Rs. 4800/-(PB-2) Level 8. This is a Non-Functional Up-gradation (NFU) which is subject to the following terms and conditions:-

  • (i) The grant of NFU will be admissible on completion of 4 years of regular service in the cadre from the date of joining as AAO. The aforesaid Non-Functional Up-gradation (NFU) to AAQs is effective from 01.01.2016.
  • (ii) The NFU will be subject to vigilance clearance.
  • (iii) Benefits of Pay Fixation as per Rule 13 of CCS (Revised Pay) Rules 2016 shall be available at the time of grant of Non-Functional Up-gradation to AAQs.
  • (iv) After the grant of NFU to AAOs in Pay Level-9 and their Pay Fixation under Rule 13 of CCS (RP) Rules 2016, there will be no further pay fixation on promotion.
  • (v) NFU will be reckoned for financial up-gradation under MACP Scheme. Subsequent financial up-gradation under MACPs, if any, is to be reckoned from the date of grant of NFU.

2. To consider the grant of NFU, it is requested to furnish the details of all eligible AAOs who are completing 04 years in the grade pay of Rs. 4800/- up to 30.06.2021 on the under-mentioned Performa. The requisite details should reach this office through mail ID pedawcan3 .dad@hub.nic.in latest by 01.03.2021. It may also be ensured that no elected official is left out from your office/section.

Sl. No.Name Grade A/C no.Date of Appointment in DAD with gradePresent officeDate of Promotion as SO(A)/AAONFU due date






7th CPC Non-Functional Up-gradation

The contents of the circular may please be got noted by all the affected officials whether on leave or Ty.Duty.

PCDA has seen.

(N.C.DOGRA)
Sr. Accounts Officer (AN)


Friday, 20 November 2020

3rd MACP clarification - regarding Grant of 3rd financial upgradation under MACP Scheme counting from the date of ad-hoc promotion

3rd MACP clarification - regarding Grant of 3rd financial upgradation under MACP Scheme counting from the date of ad-hoc promotion

3rd MACP clarification

Railway 3rd MACP clarification counting from the date of 

ad-hoc promotion
3rd MACP clarification

GOVERNMENT OF INDIA/ भारत सरकार
MINISTRY OF RAILWAYS/ रेल मंत्रालय
(Railway Board) रेलवे बोर्ड

No PC- V/2010/ACP/ ECOR/2/E/1

New Delhi, dated 27-08-2020

The General Manager (P)
East Coast Railway
Bhubaneswar

Sub:- Clarification regarding Grant of 3rd financial upgradation under MACP Scheme counting from the date of ad-hoc promotion.

Ref:- ECoR’s letter No.ECoR/ Pers/R/ Clarification/RB/1. dated 06.03.2020 & 08.06.2020.

MACP guidance as per recommendations of the 7th CPC

With reference to the above, it is stated that Para 9 of Annexure to Board’s letter dated 10.06.2009 (RBE No. 101/2009) explicitly mentions that … “Regular service for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption re-employment basis. Service rendered on ad-hoc contract basis before regular appointment on pre-appointment training shall not be taken into reckoning… “. As such. ad-hoc service is not to be counted for the purpose of MACPS and, therefore. the concerned employee is entitled for 3rd financial upgradation under MACPS wef 11.10.2012 subject to fulfillment of other terms and condition as contained in Board’: letter dated 10-06-09 (RBE No. 101/2009).

MACP – Benefit of pay fixation available at the time of regular promotion

(Sudha A. Kujur)
Dy. Director, Pay Commission
Railway Board

Source: ECoR

Monday, 21 September 2020

DOUBT and CLARIFICATION on MACPS – Central Government Employees News

 MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

MACPS – Modified Assured Career Progression Scheme

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)

Monday, 14 September 2020

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

MACP

 “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

Saturday, 25 January 2020

MACP SCHEME MACPS FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES ORIGINAL ORDER DATED MAY 2009

Latest MACP orders from DoPT

MACP SCHEME MACPS FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES ORIGINAL ORDER DATED MAY 2009

IMMEDIATE

No.35034/3/2008-Estt. (D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block, New Delhi, the 19th May, 2009

OFFICE MEMORANDUM

SUBJECT: MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES

The Sixth Central Pay Commission (6CPC) in Para 6.1.15 of its report, has recommended Modified Assured Career Progression Scheme (MACPS). As per the recommendations, financial upgradation will be available in the next higher grade pay whenever an employee has completed 12 years continuous service in the same grade. However, not more than two financial upgradations shall be given in the entire career, as was provided in the previous Scheme. The Scheme will also be available to all posts belonging to Group "A" whether isolated or not. However, organised Group "A" services will not be covered under the Scheme

2. The Government has considered the recommendations of the Sixth Central Pay Commission for introduction of a MACPS and has accepted the same with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service.

3. The Scheme would be known as "MODIFIED ASSURED CAREER PROGRESSION. SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES. This Scheme is in supersession of previous ACP Scheme and clarifications issued there under and shall be applicable to all regularly appointed Group "A", "B", and "C" Central Government Civilian Employees except officers of the Organised Group "A" Service. The status of Group "0" employees would cease on their completion of prescribed training, as recommended by the Sixth Central Pay Commission and would be treated as Group "C" employees. Casual employees, including those granted 'temporary status' and employees appointed in the Government only on adhoc or contract basis shall not qualify for benefits under the aforesaid Scheme. The details of the MACP Scheme and conditions for grant of the financial upgradation under the Scheme are given in Annexure-I.

4. An Screening Committee shall be constituted in each Department to consider the case for grant of financial upgradations under the MACP Scheme. The Screening Committee shall consist of a Chairperson and two members. The members of the Committee shall comprise officers holding posts which are at least one level above the grade in which the MACP is to be considered and not below the rank of Under Secretary equivalent in the Government. The Chairperson should generally be a grade above the members of the Committee.

5. The recommendations of the Screening Committee shall be placed before the Secretary in cases where the Committee is constituted in the Ministry / Department or before the Head of the organisation / competent authority in other cases for approval.

6. In order to prevent undue strain on the administrative machinery, the Screening Committee shall 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 shall 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 shall process the cases that would be maturing during the second-half (October - March) of the same financial year.

7. However, to make the MACP Scheme operational, the Cadre Controlling Authorities shall constitute the first Screening Committee within a month from the date of issue of these instructions to consider the cases maturing upto 30th June, 2009 for grant of benefits under the MACPS.

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

9. Any interpretation / clarification of doubt as to the scope and meaning of the provisions of the MACP Scheme shall be given by the Department of Personnel and Training (Establishment-D). The scheme would be operational w.e.f. 01.09.2008. In other words, financial upgradations as per the provisions of the earlier ACP Scheme (of August, 1999) would be granted till 31.08.2008.

10. 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 MACP Scheme.

11. It is clarified that no past cases would be re-opened. Further, while implementing the MACP Scheme, the differences in pay scales on account of grant of financial upgradation under the old ACP Scheme (of August 1999) and under the MACP Scheme within the same cadre shall not be construed as an anomaly.

12. Hindi version will follow.

(S.Jainendra Kumar)
Deputy Secretary to the Govt. Of India

ANNEXURE-I

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS)

1. 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 respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade-pay.

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 Section 1 , 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/ organisation will be given only at the time of regular promotion.

3. The financial upgradation s under the MACPS would be admissible up-to the highest grade pay of Rs. 12000/- in the PB-4.

4. Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. To illustrate, in case a Government Servant joins as a direct recruit in the grade pay of Rs. 1900 in PB-1 and he gets no promotion till completion of 10 years of service, he will be granted financial upgradation under MACPS in the next higher grade pay of Rs. 2000 and his pay will be fixed by granting him one increment plus the difference of grade pay (i.e. Rs. 100). After availing financial upgradation under MACPS, if the Government servant gets his regular promotion in the hierarchy of his cadre, which is to the grade of Rs. 2400, on regular promotion, he will only be granted the difference of grade pay between Rs. 2000 and Rs. 2400. No additional increment win be granted at this stage.

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:-
  • 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 1.1.2006he 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.
  • 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 1.1.2006will be ignored on account of merger of the pre-revised scales of Rs. 5000- 8000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth cpe. 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.

6. In the case of all the employees granted financial upgradations under ACPS till 01.01.2006, their revised pay will be fixed with reference to the pay scale granted to them under the ACPS.

6.1 In the case of ACP upgradations granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS (RP) Rules, 2008 to have his pay fixed in the revised pay structure either (a) w.eJ. 01.01.2006 with reference to his pre-revised scale as on 01.01.2006; or (b) w.e.f. the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP. ln case of option (b), he shall be entitled to draw his arrears of pay only from the date of his option i.e. the date of financial upgradation under ACP.

6.2 In cases where financial upgradation had been granted to Government servants in the next higher scale in the hierarchy of their cadre as per the provisions of the ACP Scheme of August, 1999, but whereas as a result of the implementation of Sixth CPC's recommendations, the next higher post in the hierarchy of the cadre has been upgraded by granting a higher grade pay, the pay of such employees in the revised pay structure will be fixed with reference to the higher grade pay granted to the post. To illustrate, in the case of Jr. Engineer in CPWD, who was granted ]"t ACP in his hierarchy to the grade of Asstt. Engineer in the pre-revised scale of Rs.6500-10500 corresponding to the revised grade pay of Rs.4200 in the pay band PB-2, he win now be granted grade pay of Rs4600 in the pay band PB-2 consequent upon upgradation of the post of Asstt. Enggs.In CPWD by granting them the grade pay of Rs.4600 in PB-2 as a result of Sixth CPC's recommendation. However, from the date of implementation of the MACPS, all the financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of grade pays in pay bands as notified vide CCS (Revised Pay) Rules, 2008.

7. With regard to fixation of his pay on grant of promotion / financial upgradation under MACP Scheme, a Government servant has an option under FR22 (1) (a) (1) to get his pay fixed in the higher post/ grade pay either from the date of his promotion/upgradation or from the date of his next increment viz. 1st July of the year. The pay and the date of increment would be flxed in accordance with clarification no.2 of Department of Expenditure's O.M. No.1/1/2008-1C dated 13.09.2008.
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 CPe'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. 'Regular service' for the purposes of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-employment basis. Service rendered on adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in another Government Department in a post carrying same grade pay prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purposes of MACPS only (and not for the regular promotions). However, benefits under the MACPS in such cases shall not be considered till the satisfactory completion of the probation period in the new post.

10. Past service rendered by a Government employee in a State Government / statutory body / Autonomous body / Public Sector organisation, before appointment in the Government shall not be counted towards Regular Service.

Also check 7th CPC MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

11. 'Regular service' shall include all periods spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority.

12. The MACPS shall also be applicable to work charged employees, if their service conditions are comparable with the staff' of regular establishment.

13. Existing time-bound promotion scheme, including in-situ promotion scheme, Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry / Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.

14. The MACPS is directly applicable only to Central Government Civilian employees. It will not get automatically extended to employees of Central Autonomous / Statutory Bodies under the administrative control of a Ministry / Department. Keeping in view the financial implications involved, a conscious decision in this regard shall have to be taken by the respective Governing Body/Board of Directors and the administrative Ministry concerned and where it is proposed to adopt the MACPS, prior concurrence of Ministry of Finance shall be obtained.

15. If a financial upgradations under the MACPS is deferred and not allowed after 10 years in a grade pay, due to the reason of the employees being unfit or due to departmental proceedings, etc., this would have consequential effect on the subsequent financial upgradation which would also get deferred to the extent of delay in grant of first financial upgradation.

16. On grant of financial upgradation under the Scheme, there shall be no change in the designation, classification or higher status. However, financial and certain other benefits which are linked to the pay drawn by an employee such as HBA, allotment of Government accommodation shall be permitted.

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.

18. In the matter of disciplinary/ penalty proceedings, grant of benefit under the MACPS shall be subject to rules governing normal promotion. Such cases shall, therefore, be regulated under the provisions of the CCS (CCA) Rules, 1965 and instructions issued thereunder.

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 actuallfunctional promotion of the employees concerned. 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.

20. Financial upgradation under the MACPS 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 employees on the ground that the junior employee in the grade has got higher pay/grade pay under the MACPS.

21. Pay drawn in the pay band and the grade pay allowed under the MACPS shall be taken as the basis for determining the terminal benefits in respect of the retiring employee.

22. If Group "A" Government employee, who was not covered under the ACP Scheme has now become entitled to say third financial upgradation directly, having completed 30 year's regular service, his pay shall be fixed successively in next three immediate higher grade pays in the hierarchy of revised pay-bands and grade pays allowing the benefit of 3% pay fixation at every stage. Pay of persons becoming eligible for second financial upgradation may also be fixed accordingly.

23. In case an employee is declared surplus in his / her organisation and appointed in the same pay-scale or lower scale of pay in the new organization, the regular service rendered by him/her in the previous organisation shall be counted towards the regular service in his/her new organisation for the purpose of giving nnancial upgradation under the MACPS.

24. In case of an employee after getting promotion/ACP seeks unilateral transfer on a lower post or lower scale, he will be entitled only for second and third nnancial upgradations on completion of 20/30 years of regular service under the MACPS, as the case may be, from the date of his initial appointment to the post in the new organization.

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.

26. Cases of persons holding higher posts purely on adhoc basis shall also be considered by the Screening Committee alongwith others. They may be allowed the benefit of financial upgradation on reversion to the lower post or if it is beneficial vis-a-vis the pay drawn on adhoc basis.

27. Employees on deputation need not revert to the parent Department for availing the benefit of financial upgradation under the MACPS. They may exercise a fresh option to draw the pay in the pay band and the grade pay of the post held by them or the pay plus grade pay admissible to them under the MACPS, whichever is beneficial.

28. Illustrations :

A (i) If a Government servant (LDC) in PB-l in the Grade Pay of Rs.1000 gets his first regular promotion (UDC) in the PB-1 in the Grade Pay of Rs.2400 on completion of 8 years of service and then continues in the same Grade Pay for further 10 years without any promotion then he would be eligible for 2nd financial upgradation under the MACPS in the PB-1 in the Grade Pay of Rs.2800 after completion of 18 years (8+10 years).

(ii) In case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the PB-II in Grade Pay of Rs.4200 on completion of further 10 years of service i.e. after 28 years (8+10+10).

(iii) However, if he gets 2nd promotion after 5 years of further service in the pay PB-II in the Grade Pay of Rs.4200 (Asstt. Grade/Grade "C") i.e. on completion of 23 years (8+10+5years) then he would get 3rd financial upgradation after completion of 30 years i.e. 10 years after the 2nd ACP in the PB-II in the Grade Pay of Rs.4600.

MACP SCHEME MACPS FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES ORIGINAL ORDER DATED MAY 2009



Tuesday, 7 January 2020

Wrong pay fixation to DAD Employees financial up gradation under MACP scheme

Wrong pay fixation to DAD Employees financial up gradation under MACP scheme

DAD employees - MACP Scheme

Government of India
Ministry of Defence
Office of Principal Controller of Account (FYS)
10 A, S.K. Bose Road, Kolkata-700001
No: 720/AN-Pay/V/ACP /MACP

IMPORTANT CIRCULAR
 Date: 27/12/2019

To,
All CsFA
All Branch Accounts Offices

Sub: Information regarding over payments made to DAD employees on account of wrong pay fixation granting the benefit of financial up gradation under ACP/ MACP scheme

Recently Hqr office has intimated that it has received a case where a clerk appointed in the DAD on Inter Departmental Transfer basis was granted financial up gradation under ACP scheme of 1999 in the pay scale of Rs.4000-100-6000 in his erstwhile department . Although he was appointed in the DAD as clerk in the pay scale of Rs.3050- 75- 3950- 80-4590 still his pay was erroneously fixed in the pay scale of Rs.4500-125-7000 (granting him financial up gradation in the hierarchy of post in the DAD ie., pay scale applicable to Auditor) instead of granting him pay protection in the pay scale applicable to the post of clerk in the DAD ie 3050- 75-3950- 80-4590 . This pay fixation is not as per rules/
orders.

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

2. Hqr has already issued a clarification on the issue of MACP to the employees appointed in DAD through Inter Departmental Transfer vide letter no. AN/Xl/11051/ MACP/2010 v.11-1 dated 25.2 .2010 and AN/Xl/ 11051/MACP/ 2011/ID dated 04.06.2012.

3. It is therefore, requested to confirm that no such cases are there in your office where over payments have been made to any employee due to wrong pay fixation or erroneous grant of financial upgradation under ACP/ MACP scheme.

4. This information may please be furnished on PRIORITY positively by Return email/ Fax .

Deputy Controller of Account (fys)
Wrong pay fixation to DAD Employees financial up gradation under MACP scheme

Saturday, 7 December 2019

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

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)

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

Wednesday, 28 August 2019

Fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme


DoPT Orders 2019

Fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme
MOST IMMEDIATE
No.25/7/2019-CS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated: 27th August, 2019
OFFICE MEMORANDUM
 
Subject: Seeking data regarding fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme -regarding

The undersigned is directed to refer to this Department's OM No. 12/2/2015- CS.II(B) dated 16.11.2015 and OM No. 12/3/2016 -CS.II(B) dated 19.07.2016 wherein the SSAs of SL-2003 (Extended) and SSAs of SL-2004-2009 were granted NFSG and promoted subsequently to the grade of Assistant Section Officer on ad-hoc basis. It has come to notice that a large number of Ministries / Departments have fixed the pay of the SSAs belonging to CSCS in the following manner:

S.NoSituationsPay fixation on NFSGPay fixation on next promotion as ASO
(a)SSAs without the benefit of MACP (with Grade pay of Rs. 2400/-One increment @ 3% was granted and pay fixation in GP of Rs. 4200/- One increment @ 3% was granted and pay fixation in GP of Rs. 4600/-
(b)SSAs with the benefit of MACP (with Grade pay of Rs. 2800/-One increment @ 3% was granted and pay fixation in GP of Rs. 4200/- No increment was granted Only, the difference in GP (i.e. 4600-4200=400) was allowed.

2. The matter has been examined in consultation with Establishment Division, DoP&T in the light of the OM No. 35034/3/ 2008 -Estt (D) dated 04.07.2017 modifying the para 4 of Annexure-I of the OM dated 19.05.2009, which is as under:-
"Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion I grant of Non Functional Scale. if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion I grant of Non Functional Scale. if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. At the time of such regular promotion I grant of Non-Functional Scale to the higher grade pay than what has been given under MACPS, the employee shall have the option to draw the difference of Grade Pays from the date of such regular promotion I grant of Non- unctional Scale or the date of accrual of next increment in the pay allowed under MACP"
3. As every financial upgradation including Non-Functional upgradation (NFS/ NFSG) is treated as an offset against financial upgradation under MACP and also keeping in view the fact that the spirit of the para 4 of MACP was to disallow the double benefit of pay fixation, is stated that practice followed by Ministry/Department for pay fixation as shown in the table against sl. no. (b) in para 1 above is erroneous. Therefore, the pay should be fixed in the following manner:

S.NoSituationsPay fixation on NFSGPay fixation on next promotion as ASO
(a)SSAS without the benefit of MACP i.e.with Grade pay of Rs. 2400/-One increment @ 3% is to be granted and pay should be fixed in the GP of Rs. 4200/-One increment @ 3% is to be granted and pay should be fixed in GP of Rs. 4600/-
(b)SSAs with the benefit of MACP (with Grade pay of Rs. 2800/-No increment was granted Only, the difference in GP (i.e. 4200-2800=1400), should be allowed.One increment @ 3% is to be granted and pay should be fixed in GP of Rs. 4600/-

4. In view of above, all the cadre units of CSCS are requested to take necessary action as advised in the para 3 above. Simultaneously, they are also requested to send the information as per the format given in the Annexure-I to this OM for further examination of the issue of recovery of pay for taking a view at this end. The information may be sent latest by 09.09.2019 positively. In case of no information, 'Nil' report is required to be sent by the stipulated date.
(Vasanthi V Babu)
Under Secretary to the Govt. of India
Telefax: - 24623157
To
Dir / DS(Admn.) of CSCS cadre
(As per Annexure-II)
ANNEXURE- I

MACP-annexure-dopt-2019


Source: DoPT

Sunday, 9 December 2018

Grant of Non Functional Grade Pay Rs. 5400 to Inspectors under ACP/MACP Scheme - CBDT Orders dated on 6.12.2018


Grant of Non Functional Grade Pay Rs. 5400 to Inspectors under ACP/MACP Scheme - CBDT Orders dated on 6.12.2018

OA No.1707/2016 filed by Shri R.K.Tripathi & Ors. Vs. UOI & Ors. before Hobble CAT PB, New Delhi - for grant of non-functional Grade Pay of Rs.5400/- in PB-2 to those Inspectors who were granted Grade Pay of Rs.4800/- due to ACP / MACP Scheme
Most Immediate
Court Matter
By FAX/Speed post
F.No.A-23011/62/2016-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
North Block,New Delhi.
Dated 6th December,2018
To,
Director General
Directorate of Human Resource Development(HRM),
Customs & Central Excise,507,Deep Shikha,
Rajendra Place,New Delhi-110 008

Subject: OA No. 1707/2016 filed by Shri R.K. Tripathi & Ors before Hon'ble CAT PB,New Delhi for grant of non-functional Grade pay of Rs. 5400/- in PB-2 to those Inspectors who were granted Grade Pay of Rs. 4800/-due to ACP/MACP Scheme

Sir,

I am directed to say that as per extant instructions,non functional Grade pay of Rs.5400 in PB-2 (per-revised) is granted to those Superintendents/ Appraisers who have completed 4 years who was granted Grade pay of Rs. 4800/- Shri M.Subramaniam,the then Inspector who was granted Grade pay of Rs. 4800/-due to ACP scheme, got favorable judgment from the Hon'ble Supreme Court.Review Petition in the said case was also dismissed by the Hon'ble Supreme Court.

2.Consequent upon dismissal of Civil Appeal No.8883/2011 and Review Petition in Civil Appeal filed by UOI by Hon’ble Supreme Court,the judgement of Hon'ble High Court of Madras in M. Subramaniam has been implemented in consulation with D/o Expenditure.

3.Keeping in view a number of similar court cases in different Benches of CAT/Court being decided by CAT/High Court, in favour of petitioners,the matter was examined in the Board and a proposal was referred to D/o Expenditure tp consider extension of the direction of the Hon'ble Court in M.Subramaniam,to all similarly placed officers.Deptt.Of Expenditure vide note dated 12.11.2018 examined the matterand sought following clarifications:-

(i) How many individuals of which posts have been allowed the benefit so far?
(ii) How many similarly placed persons are to be covered in the benefit?
(iii) Whether the similarly placed persons are holder of the same post which was held by the individuals covered in the SLP?
(iv) The financial implications on the befit already allowed and the estimated financial implication on the similarly placed employees?

4.The details sought by D/o Expenditure vide note dated 12.11.2108 needs to be compiled from the Zonal Commissionerates. You are requested to kindly obtain the details/information on the points mentioned above from Zonal Commissionerate, compile it and furnish the same to the Board for taking up the matter with D/o Expenditure. Since a number of court cases are pending in CAT/High Court, it is requested to expedite this exercise and detail/information be made available to the Board, by 20.12.2018.
Yours faithfully,
sd/-
(M.K.Gupta)
Under Secretary to the Government of India
Source: Confederation

Tuesday, 14 August 2018

Implement the MACP Scheme from 01.01.2006: NCJCM writes to DoPT


Implement the MACP Scheme from 01.01.2006: NCJCM writes to DoPT
Dated: August 7, 2018
National Council (Staff Side)
Joint Consultative Machinery for Central Government Employees
13-C, Ferozshah Road, New delhi-110001
No.NC-JCM-2017/MACP
The Secretary, Department of Personnel & Training,
North Block, New Delhi

Sub:- Item No.2,10 and 48 of the Joint Committee of MACP - Agenda items of the Standing Committee
Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018
2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018

Dear Sir,
This office vide Letters referred at 1 above dated 16/01/2018 and 27/03/2018 has represented to your good self to make the MACP scheme effective from 1/1/2006 since the Hon'ble Supreme Court in its order in WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of India to implement the MACP Scheme retro respectively from 1/112006. Till date we have not received any positive response from the DOPT. However the MOD vide letter referred at 2 above (copy enclosed) have now issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel by implementing the Hon'ble Supreme Court judgment. Having implemented the judgment to one set of employees and denying the same to the similarly placed employees is discriminatory and unjustified.

The Hon’ble Supreme Court has repeatedly ruled that judicial decisions in matter of a general nature should be extended to all similarly placed employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC 648, the Apex court has held as Under:-

"Those who could not come to the court need not be at a comparative disadvantage position to those who rushed in here, if they are otherwise similarly situated, they are entitled to similar treatment"
In view of the above to avoid multiplicity of litigations on the matter and since the item is also before the Joint Committee on MACP, it is requested that Govt. orders may please be issued for implementing the MACP Scheme w.e.f 1/1/2006. While issuing such an order, it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered from them in this connection.

Thanking you,
Yours faithfully,
(Shiva Gopal Mishra)
Secretary

Thursday, 25 January 2018

Item No.2, 10 and 48 of the Joint Committee of MACP - Agenda items of the Standing Committee



"Item No.2, 10 and 48 of the Joint Committee of MACP - Agenda items of the Standing Committee"
Shiva Gopal Mishra
Secretary
Ph: 23382286
National Council (Staff Side)
Joint Consultation, Machinery
For Central Government Employees
13-C, Ferozshah Road, New Delhi - 110001
E.Mail : nc.jcm.np@gmail.com.
No. NC-JCM-2017/Fin
January 16,2018
The Secretary,
Department of Personnel & Training,
North Block,
New Delhi

Dear Sir,
Sub: Item No. 2,10 and 48 of the Joint Committee of MACP - Agenda items of the Standing Committee:

Kindly refer to the above. All the three items, which were discussed together pertains to the date of effect of the MACP Scheme which was introduced by the Government on the basis of the recommendations of the 6th Central Pay Commission. The Staff Side demand to give effect to the revised promotional scheme from the date of the effect, the Report of the Commission itself i.e on 1.1.2006 was unfortunately not accepted by the official side and was not allowed to reach its logical conclusion i.e. either by an agreement or disagreement.

We now send herewith copy of the judgement of the Hon'ble Supreme Court in the matter vide W.P 3744 of 2016 dated 08/12/2017.

The Hon’ble apex court has categorically stated that the Govt's decision to make the scheme effective prospectively was wrong and the scheme has to be implemented with effective from 1.1.2006. We request that the Govt. may issue necessary orders making the MACP Scheme Effective from 1.1.2006 instead of 1.9.2008. While issuing such an order it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered I from them in this connection.

Thanking you
Yours faithfully,
sd/-
Shiva Gopal Mishra
Secretary
Source: Confederation

Monday, 11 December 2017

7th CPC Military Brochure - Modified Assured Career Progression (MACP)


7th CPC Military Brochure - Modified Assured Career Progression (MACP)

MACP.

A direct recruited Sep, Hav or JCO will be entitled to min three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under MACP, the JCO/OR would get an addl increment and next higher Pay in the hierarchy. The following MACP would be entitled to JCOs/OR recruited under direct entry:

(a) Sep.

(i) Entitled to first financial upgradation of pay of the rank of Naik on completion of 8 yrs of service.

(ii) Second financial upgradation of pay of the rank of Hav on completion of 16 yrs of service.

(iii) Third financial upgradation of pay of the rank of Nb Sub on completion of 24 yrs of service.

(b) Direct Entry Hav.

(i) A direct entry Hav would be entitled to first financial upgradation of pay of the rank of Nb Sub on completion of 8 yrs of service.

(ii) Second financial upgradation of pay of the rank of Sub on completion of 16 yrs of service.

(iii) Third financial upgradation of pay of the rank of Sub Maj on completion of 24 yrs service.

(c) A Direct Entry JCO will be entitled to first financial upgrdation in Level 7 to the rank of Subedar on completion of 8 years of service, second financial upgradation in Level 8 to the rank of Subedar Major on completion of 16 years of service and third financial upgradaion in Level 9 on completion of 24 years of service. This is subject to the condition that the third financial upgradation does not take them beyond the age of superannuation for JCOs in terms of maximum period of service allowed and age of retirement / release.

Illustration


(a) If a Sep in Level 3 gets his first regular promotion to the rank of Nk in Level 4 on completion of 5 years of service and then continues in the same Level for further 8 years without any promotion then he would be eligible for second upgradation under the MACP Scheme in the Level 5 after completion of 13 years (5+8 years).

(b) In case he does not get any promotion thereafter, then he would get third upgradation under the MACPs in Level 6 on completion of further 8 years of service i.e after 21 years (5+8+8).

Auth : Adm Instrs for grant of MACP issued by PS-2(c) vide their letter No B/33513/ACP/AG/PS-2(c) dated 13 Jun 2011 and MoD ID No 1(13)/2011-D(Pay/ Services) dated 30 Jun 2014.

Wednesday, 14 June 2017

Fixation of Pay on up-gradation of Grade Pay of IPs/ASPs under MACP Scheme


Fixation of Pay on up-gradation of Grade Pay of IPs/ASPs under MACP Scheme

No. 7-8/2016-PCC
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi- 110001
Date : 30.05.2017

Sub :- Fixation of Pay on up-gradation of Grade Pay of IPs/ASPs under MACP Scheme.

The Directorate was in receipt of various references from Circles to clarify how to fix the pay of IPs/ASPs, who had already been granted financial upgradation under MACPS, in the event of upgradation of Grade Pay of these cadres by the Seventh Central Pay Commission w.e.f. 01.01.2016. The matter was examined and referred to DoP&T. The DoP&T has informed vide its communication no. 1229734/17/CR dated 18.4.2017 to  maintain status quo as under:-

The impact of upgradation of pay scales of certain posts by the 7th CPC on MACPS is being examined in this Department, in consultation with D/o Expenditure. The requisite clarification will be issued in due course.

3.The Department of Posts may be requested to maintain status quo in the matter till the decision is being taken by this Department.

This may be brought to the notice of all concerned.
sd/-
(R.L. Patel)
Asstt. Director General (GDS/PCC)
Signed Copy

Friday, 26 May 2017

MACP on Promotional Hierarchy instead of Grade Pay: Less advantageous in some cases (Clerical & Steno): Railway Board unveils with example


MACP on Promotional Hierarchy instead of Grade Pay: Less advantageous in some cases (Clerical & Steno): Railway Board unveils with example 

GOVERNMENT of INDIA
MINISTRY OF RAILWAYS
(Railway Board)
No. PC-V/M/4/NFIR/pt
New Delhi,
dated :19.05.2017
The General Secretary,
NFIR,
3, Chelmsford Road, New Delhi-55

Sir,
Sub:-Board's item No.3-Grant of financial upgradation under MACP Scheme in the promotional hierarchy-(instead of Grade Pay hierarchy) {item (s) to be discussed with Board (MS &FC)}.

The undersigned is directed to refer to NFIR's letter No.IV/MACPS/09/Part 10, dated 10.04.2017 on the above subject and to state that Board's reply dt. 17.04.2017 is based on the factual position relating to financial upgradiation being granted presently which has been ascertained from Northern Railway.
Meanwhile an another Railway i.e. Western Railway vide their letter dt. 06.03.2017 has also apprised that Accounts Clerk and Stenographers are getting GP Rs.4600/- and GP Rs.4800/- as 3rd MACPS respectively whereas under the ACP Scheme no further financial upgradation beyond GP of Rs. 4200/- for Accounts Clerks and Rs.4600 for Stenographer would be admissible. Thus, the Federation's contention that ACP is more advantageous than MACP Scheme for certain categories of employees is contrary to the factual position.

Further, the submissions made by the Federation seems based on theoretical premise and the same is contrary to the situation factually obtaining on Zonal Railways. As such, the Federations' allegation that Staff are put in disadvantageous position on account of financial upgradation allowed in pay structure hierarchy under MACPS is not found validate. As requested, a copy of supporting order in respect of Office Clerk/Accounts Clerk Cadre is furnished herewith.

In view of the above, Federation is requested to appreciate the factual position. DA: As above.
Yours faithfully,
Sd/-
for Secretary,
Railway Board
Source: [Click here to view Railway Board Order with Examples]

Sunday, 16 April 2017

Grant of financial upgradation under MACP Scheme in the promotional hierarchy


Grant of financial upgradation under MACP Scheme in the promotional hierarchy
MACP Scheme in the promotional hierarchy


GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)
No.PC-V/M/4/NFIR/pt
New Delhi, dated 07.04.2017
The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi-55
The General Secretary,
AIRF,
4, State Entry Road,
New Delhi-55

Sirs,
Sub:- Board's item No.3-Grant of financial upgradation under MACP Scheme in the promotional hierarchy-(instead of Grade Pay hierarchy)- as per judgment of various courts. {item(s) to be discussed with Board (MS &FC)}

Ref:- NFIR's letter No.IV/MACPS/09/Part 10, dated 20.02.2017.

The undersigned is directed to refer to item No.3 of the record note of discussions held on 12.10.2015 on MACPS anomalies whereby NFIR have stated that ACP Scheme is more advantageous than MACPS for certain categories of employees viz. office Clerks/Accounts Clerks, Commercial Clerks, Stenographers, Technician Gr.III and Shroff category.

In this regard, the factual position prevailing on Railways has been ascertained from a Railway i.e. Northern Railway in respect of these categories of employees and on a perusal of the same, it has been observed as under:-

The employees directly recruited as Office Clerk (GP Rs.1900) are getting Grade Pay of Rs. 4600 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4200/- would be admissible.

The employees directly recruited as Technician Gr.III (GP Rs.1900) are getting Grade Pay of Rs. 4200 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 2800/- would be admissible.

The employees directly recruited as Shroff category (GP Rs.1900) after their promotion as Hd. Shroff in GP Rs.4200 have further been granted 3rd MACPS in Grade Pay of Rs. 4200 (as next promotional cadre post of ADC is also in the same Grade Pay of Rs.4200/-) whereas under ACP Scheme there is no provision for grant of 3rd financial upgradation.

The employees directly recruited as Stenographer (GP Rs.2400) are getting Grade Pay of Rs. 4800/- as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4600/- would be admissible.

The employees directly recruited as Accounts Clerk (GP Rs.1900) are getting Grade Pay of Rs. 4600 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4200/- would be admissible.

Federations are requested to appreciate the factual position as mentioned above.

From the above, it can be seen that MACP Scheme is more advantageous than the ACP Scheme for the aforesaid categories.

4. Federations are requested to appreciate the factual position as mentioned above.

Yours faithfully,
sd/-
for Secretary, Railway Board
Source: AIRF

Tuesday, 28 March 2017

No ACP/MACP Promotional Scheme for KV Employees


No ACP/MACP Promotional Scheme for KV Employees

The Modified Assured Career Progression Scheme for the Central Government civilian employees has been introduced vide Department of Personnel & Training O.M. No. 35034/3/2008-Estt.(D) dated 19th May, 2009 as amended from time to time. The extension of Modified Assured Career Progression (MACP) to the employees is subject to the conditions that:
i) The earlier ACP Scheme was also implemented / adopted by the said Autonomous / Statutory Body.

ii) The proposal to adopt MACP Scheme has been approved by the Governing Body/Board of Directors.

iii) The Administrative Ministry/Financial Adviser of the Ministry has concurred with the proposal.

iv) The financial implications of adoption of MACP Scheme has been taken into account by the Organisation / Body and the additional financial implication can be met by it within the existing Budget Grants.

As the teaching staff of KVS, including Principals had not accepted the earlier ACP Scheme introduced in the year 1999, they would not be entitled for the benefits of MACP scheme.

Sunday, 15 January 2017

Grant of financial up gradation under MACP Scheme to Accounts Stock Verifies


Grant of financial up gradation under MACP Scheme to Accounts Stock Verifies

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)
S. No. PC-V1/373
No. PC-V/2009/ACP/2
RBE No.156./2016
No. PC-V/2009/ACP/2
New Delhi, dated 19.12.2016
The General Managers
All Indian Railways & PUs
(As per mailing list)

Sub: Grant of financial up gradation under MACP Scheme to Accounts Stock Verifies- reg.

The issue regarding grant of MACPS benefit to Accounts Stock Verifiers (ASVs) by not reckoning their appointment from Accounts Assistant to Account Stock Verifier’s post has been raised in PNM forum by NFIR as item No.16/2013. This also has also been raised by AIRF in PNM forum as item No.32/2016. The matter has been examined in consultation with Estt. and Finance Dte. of Railway Board and it has been observed that the situation involved in the case appointment from one cadre to another cadre in a post carrying same Grade Pay without benefit of pay fixation. In view of this, it has been decided that while regulating MACPS benefits to such staff the appointment from Accounts Assistant to Accounts Stock Verifier should not construed as promotion and, therefore, may not be reckoned for the purpose of MACPS benefit.

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

3. Hindi version is enclosed.
(N. Singh)
Dy. Director, Pay Commission-V
Railway Board
Signed Copy

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