GRANT OF MACP ON PROMOTIONAL HIERARCHY - RTI REPLY

GRANT OF MACP ON PROMOTIONAL HIERARCHY

MACP ON PROMOTIONAL HIERARCHY-THE GROUNDS GIVEN BY THE GOVERNMENT FOR NOT GRANTING MACP ON PROMOTIONAL HIERARCHY ( AS GRANTED TO SH. RAJ PAL) TO OTHER CENTRAL GOVERNMENT EMPLOYEES IS NOT CONVINCING. THUS THE HON'BLE CAT, PRINCIPLE BENCH ORDER DATED 12/03/2014 FOR GRANTING MACP ON PROMOTIONAL HIERARCHY IS A REJECTION OF THE GOVERNMENT’S VERSION ON THE SUBJECT.

(Copy of the information obtained by Sh. Vithba Gopala Dahekar, Nagpur on this subject is placed below)

-TKR PILLAI

Regd. Post

RTI  Matter/Most Immediate

No. P-13025/11/2014-AT

Government of India

Ministry of Personal, Public Grievances & Pensions

Department of Personal & Training

New Delhi, dated the 4th April, 2014

To

Sh. Vithba Gopala Dahekar

Plot No. 43, Om sai Society

Duttawadi

Post-Lawa, Nagpur

Maharastra-440023

           

Sub: Information under Right to information Act, 2005.

Sir,

Kindly refer to your RRI application dated 01/03/2014 (transferred to the undersigned by the CPIO (Estt. D) DoP&T on 26/-3/2014) and to say that the SLP No. 7467/2013 was filed by the Department against the judgement of the Hon’ble High Court Chandigarh in CWP No. 19387/2011.  The SLP was dismissed on technical grounds and not on merit. The Department decided to implement the order dated 31.05.2011 of CAT Chandigarh Bench for grant of financial upgradation in the promotional hierarchy under MACP to Shri Rajpal on personal basis not to be treated as a precedent. A copy of the Department\s letter No. 26012/5/2011-AT dated 19/08/2013 issued in this regard is enclosed. You have not indicated details of the matter of OA No. 914/2012. However the same does not appears to be related to any employee of CAT and therefore is not being dealt with in AT Division.

2. The issue concerning policy on ACP and MACP scheme for the Central Government Employees are being handled in Estt (D) section of the Department. CPIO (Estt. D) DoP&T has already sent a reply to the applicant vide letter No. 41011/3/2014-Estt. (DF)/01309 dated 26/03/201.

3. The first appellate Authority in respect of the information furnished above is Shri A. Asholi Chalai, Director (AT), Department of Personal & Training, Room No. 2080 A, North Block New Delhi.

Encl:   As above

Yours Sincerely

Sd/

(D.D. Maheswari)

Under Secretary to the Government of India

& CPIO (AT)

Tel No.  23094142

MOST IMMEDIATE

COURT CASE

No. P-26012/5/2011-AT

Government of India

Ministry of Personal, Public Grievances & Pensions

Department of Personal & Training

New Delhi, dated the 19th August, 2013

To

The Registrar

Central Administrative Tribunal

Principal Bench

61/35, Copernicus Marg

New Delhi-110001

Subject:  OA No. 1038/CH/2010-Raj Pal Vs UOI & Ors.

Madam,

I am directed to refer CAT’s letter No.  PB/4/36/2010-R dated 23/05/2013 on the subject cited above and to say that matter was examined in consultation with Ministry of Law & Justice and the Establishment Division of the Department.  It has been decided to implement the CAT’s Chandigarh Bench’s order dated 31.05.2011 in the subject OA absolutely.

2. Since the special leave petition (SLP) filed against subject OA was dismissed on the ground of in-sufficient explanation given to condone the delay in re-filing the SLP and not on merit, this order of granting of financial up-gradation in the promotional hierarchy under MACP to Sh. Raj Pal is personal to him and will not be treated as a precedent.

Sd/

(D.D. Maheswari)

Under Secretary to the Government of India

Tel No.  23094142

Source: www.aiamshq.blogspot.in

[http://aiamshq.blogspot.in/2014/05/gtant-of-macp-on-hierarchy.html]

Via : http://90paisa.blogspot.in/

REGULAR PROMOTION – MACP UPGRADATION – PAY FIXATION

REGULAR PROMOTION – MACP UPGRADATION – PAY FIXATION

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

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

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

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

Let us assume that an employee named X gets a hike in basic pay from Rs. 2800 to Rs. 4200, after a regular promotion. 

His Basic pay 12200 + 2800 = 15000

After promotion 15450 + 4200 = 19650

His junior, an employee named Y, gets a promotion from Rs. 2800 to Rs. 4200 under MACP. 

His Basic pay 12200 + 2800 = 15000

After MACP 15450 + 4200 = 19650

Incase of getting regular promotion, no change in basic pay and no need of pay fixation. 

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

Source: www.7thpaycommissionupdates.blogspot.in

[http://7thpaycommissionupdates.blogspot.in/2014/03/regular-promotion-macp-upgradation-pay.ht

FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

Click here to view details

Recent clarification regarding ACP & MACP for Central employees

DOPT has issued two clarification regarding ACP and MACP. This clarifications are self explanatory.

View the Clarification reg ACP

View the Clarification reg MACP

Courtesy : http://paycommissionupdate.blogspot.in/

National Anomaly Committee Meeting Minutes issued by DOPT

Department of Personnel and Training has issued detailed minutes with agenda items of the meeting of National Anomaly Committee held on 17th July, 2012.

Click the link to view the order...

DOPT ISSUED CLARIFICATIONS AS FAQ ON MACP SCHEME

Department of Personnel and Training has once again published some more clarifications on the Scheme of MACP as FAQ. 

This Department has already issued an clarification order recently and besides there were some more doubts on the scheme to implement to the employees of Central Government, these clarifications may be used to clear to give upgradation under the scheme.

We have reproduced the content of the order and given for your ready reference here.

Department of Personnel & Training

Establishment D Section

Frequently Asked Questions (FAQs) on 

Modified Assured Career Progression Scheme (MACPS)

Doubts	Clarification
Whether the benefits of ACPS would be allowed in respect of isolated cases due between 01.01.2006 and 31.08.2008 where the pre-revised pay scales of Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500 have been merged into single grade pay of Rs.4200 and Rs.4600 respectively w.e.f. 01.01.2006?	Yes. Since the pre-revised Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500 (isolated cases) have been merged into single grade pay of Rs.4200 and Rs.4600 respectively w.e.f. 01.01.2006, the benefits of 1st and 2nd financial upgradations under the ACPS should be considered/allowed in the grade pays of Rs.4600 and Rs.4800 in PB-2, as the case may be, due between 01.01.2006 and 31.08.2008 in respect of isolated cases in terms of para 5 of Annexure-I of MACPS dated 19.05.2009.
In a hypothetical situation cadre hierarchy was as follows: Rs.5000-8000 (revised GP 4200) Rs.5500-9000 (revised GP 4200) Rs.6500-10500 (revised GP 4600) Rs.7450-11500 (revised GP 4600) Rs.10000-15200 (revised GP 6600) (i) What would be the 1 st financial upgradation under the ACPS for a Government employee recruited in pre-revised pay scale of Rs.5000- 8000, who has completed his 12 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008); (ii) What would be 2nd financial upgradation for employee recruited in 5000-8000, who has completed 24 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008)	In terms of clarification given on point of doubt no.3 issued vide DOPT's O.M. No.35034/3/2008-Estt.(D) dated 9.9.2010, the benefits of ACPS would be applicable in the new pay structure adopted w.e.f. 1.1.2006 in the promotional hierarchy. (i): Since the pre-revised pay scales Rs.5000-8000 & Rs.5500-9000 have been merged and placed in PB-2 with grade pay of Rs.4200, 1st financial upgradation would be allowed in the grade pays of Rs.4600, subject to fulfillment of promotional norms as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000. Since the pre-revised pay scales Rs.6500- 10500 & Rs.7450-11500 have been merged and placed in PB-2 with grade pay of Rs.4600, 2nd financial upgradation would be allowed in the grade pay of Rs.6600, subject to fulfillment of promotional norms (after framing of RRs post merger) as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000.
(iii) If a Government servant recruited in the pre-revised pay scale of Rs.5000-8000 has been promoted in the promotional hierarchy in the pre- revised pay scale of Rs.5500-9000 prior to 1.1.2006 (and he has put in 14 years of regular service) then would there be any claim for financial upgradation under ACPS.	(iii): The pre-revised pay scales Rs.5000-8000 & Rs.5500-9000 have been merged and placed in PB-2 with grade pays of Rs.4200 w.e.f. 1.1.2006. Hence, the promotion would be ignored as he has completed his 12 years of regular service and the benefit of 1 st ACP would accordingly be allowed in the promotional hierarchy i.e. in the grade pay of Rs.4600 w.e.f. 01.01.2006.
(iv) If the above Government servant had put in 22 years as on 31.08.2008, then what would be the entitlement in MACP <	(iv): As given above, the 1 st ACP would be in PB-2 grade pay of Rs.4600 after ignoring the previous promotion. Thereafter, since employee has completed more than 20 years of regular service on 01.09.2008, he would be entitled for 2nd financial upgradation under the MACPS in the immediate next higher grade pay of Rs.4800 in PB-2 subject to fulfillment of condition as stipulated in para 17 of Annexure-I of MACPS dated 19.05.2009.

DOPT issued FAQ on MACP Scheme

DOPT published some important instructions and standing orders through an order regarding MACP Scheme as FAQ.

FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

1. What is Modified Assured Career Progression Scheme (MACPS) ?

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 during this period.

  

2. From which date the MACPS is effective?

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. Who are entitled for financial under the MACPS?

The MACPS is applicable to all Central Government Civilian Employees.

  

4. What norms are required to be fulfilled while granting the benefits under MACPS?

The financial upgradation would be on non-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 ‘Very 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.

O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010

  

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

Yes.

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

  

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

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. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?

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. Whether adhoc appointment would be counted towards qualifying service for MACPS?

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

  

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

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. What are the periods included in the regular service?

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)

  

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

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. 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 discontinued 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. 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. Upto what grade pay the benefits under the / MACPS is allowed?

The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)

  

15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & 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-I of MACPS. The Ministries/Departments are expected to re-organise cadres and frame common RRs for the post in merged scales.

  

16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of 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-I 01 MACPS dated 19.05.2009.

  

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

No. ( Para 13 of MACPS)

  

18. Whether Staff Car Drive Scheme can run concurrently with MACPS?

DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option

19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?

No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees . The 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. Whether designation classification or higher status would change on account of financial upgradation under MACPS?

There shall be no change in the 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 nexl higher grade pay. (Para 16 of Annexure-l of MACPS refers)

21. 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 subsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)

  

22. 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. Whether the regular service rendered by an employee if declared surplus in his/her 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. 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. If a regular promotion has been offered but was refused 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)

Source: www.persmin.nic.in

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Indian National Defence Workers Federation- MACP Meeting Report

Indian National Defence Workers Federation which is a part of staff side in the MACPS Joint Committee held on 27.07.2012 has given a brief report on the outcome of the Meeting in its website.

The text of the same is as follows.

1. GRANT OF MACP IN THE PROMOTIONAL HIERAARCHY AS WAS GIVEN IN ACP SCHEME:

The Staff side insisted that the benefit of Financial Upgradation should be only on the basis of Promotional Hierarchy as was given in the ACP scheme introduced from, 09.08.1999. The Grade Pay of Rs.2000/- which are not in the promotional Hierarchy for all categories of employees like Technicians, Clerical Staff Storekeeping staffs etc., should be deleted and the benefit of MACP should be given on\Promotional Hierarchy.

After prolonged discussions it was agreed by the Official Side to given option to the inpidual employees to choose either ACP Scheme or MACP Scheme, whichever is beneficial to them.

2. DATE OF EFFECT OF MACP SCHEME:

The MACP scheme which was introduced from w.e.f. 01.09.2008 was demanded by the Staff side to give effect w.e.f. 01.01.2006, i.e., 10/20/30 years which was considered to be examined by the official side.

3. TREATMENT OF EMPLOYEES SELECTED UNDER LDCE SCHEME

In the light of the instructions issued when the ACP scheme was introduced, the same policy be adopted and accordingly orders will be issued. In other word, those inducted through LDCE Scheme, such induction may be counted as appointment and will not be reckoned as promotion.

4. PROBLEMS FACED IN THE IDENTICAL GRANDE PAY:

It was agreed to issue instructions for granting additional increment for fixation of Pay in case of promotion to the same Grade Pay.

Instruction in this regard will be issued to all Ministries.

5. FINANCIAL UPGRADATION UNDER MACPS IN THE CASE OF STAFF WHO JOINED ANOTHER UNIT/ORGANISATION ON REQUEST.

The Staff side has pointed out that OM dated 01.11.2010 should be suitable amended covering the staff who were transferred on request on reversion to the Unit/Organisation so that the total service rendered in the previous Unit/Organisation may be counted for MACPS.

It was agreed to consider.

6. EXTENSION OF BENEFIT OF MACPS TO AN EXPLOYEE APPOINTED IN GRADE WHERE DIRECT RECRUITMENT ELEMENT IS THERE WHILE IGNORING SERVICE AND PROMOTION RENDERED PRIOR TO HIS APPIONTMENT IN THE POST:

Official Side reiterated that suitable clarification No.5 of OM Dated 09.09.2010 was already issued.

Staff Side stated that this will be checked up.

7. STEPPING UP OF PAY OF SENIOR INCUMBENTS AT PAR WITH JUNIOR INCUMBENTS AS A CONSEQUENCE OF ACP/MACPS.

Staff side has explained the case of gross injustice done, the Junior incumbents who have cleared their promotional examination are drawing less pay than those who could not qualify the said examination and got the benefit of MACPs.

It was agreed to consider.

8. REGULATION OF PROBATION/TRAINING PERIOD UNDER MACPS

Where training/Probation period is counted for promotion, the period will also be counted for MACPS.

9. APPLICATION OF MACPS TO THE SUIRPLUS STAFF RE-DEPLOYED TO LOWER POSTS IN OTHER CADRES/ORGANISATIONS

Regular service rendered by the surplus staff in previous organisation shall be counted towards regular service in the new organisation for the purpose of MACP benefits.

10. PLACEMENT SHOULD NOT BE TREATED AS PROMOTION

The staff side insisted that the “PLACEMENT” should not be treated as “PROMOTION” for the purpose of granting financial upgradation under MACP scheme.

The Official Side has agreed to examine the matter.

11. Placement of staff as a result of upgradation of posts:

The Staff Side insisted that such placements should not be considered as promotion for the purpose of grant of financial upgradation under MACP Scheme.

Official Side state that this will be examined.

Source: Indian National Defence Workers federation  via : http://www.gconnect.in/

Feedback of MACP Joint Committee meeting held on 27.7.2012

Feedback of MACP Joint Committee meeting held on 27.7.2012 - NFIR

Meeting of the Joint Committee on MACPs Anomalies

As decided in the National Anomaly Committee Meeting held on 17/07/2012, the DOPT held separate meeting with the Leaders of Staff Side at North Block, New Delhi, Room No. 190 on 27/07/2012. Shri.M.Raghavaiah, General Secretary, NFIR has participated in the meeting.

Discussions were held on following issues:-

1. Grant of MACP in the promotional hierarchy :-

The staff side insisted that option be given to individual employees in this regard to facilitate  him/her to opt for availing benefit of financial upgradation.

After discussion it was agreed to examine in depth for finding solution.

2. Date of effect of MACP Scheme :

The desirability of giving effect to the MACP Scheme w.e. f. 01.01.2006 will be examined.

3. Counting of total temporary status Casual Labour Service reckoning 10/20/30 years under MACP Scheme:

Official Side stated that this will be processed separately.

4. Treatment of employees selected under LDCE/GDCE Scheme:

In the light of the instructions issued when the ACP Scheme was introduced. The same policy be adopted and accordingly orders will be issued. In other words, those inducted through LDCE/GDCE Scheme, such induction may be counted as appointment and will be reckoned as promotion.

5. Problems faced in the identical Grade Pay:

It was agreed to issue instructions for granting additional increment for fixation of Pay in case of promotion to the same Grade Pay. Instructions in this regard will be issued to Ministry of Railways etc .

6. Financial Upgradation Under MACPs, in the case of staff who joined another unit/organisation on request:

The Staff Side has pointed out that OM dated 01/11/2010 should be suitably Amended covering the staff who were transferred on request on reversion to the Unit/Organisation so that the total service rendered in the previous Unit/Organisation may be counted for MACPs. It  was agreed to be considered.

7. Extension of benefit of MACPS to an employee appointed in Grade where direct  recruitment element is there while ignoring service and promotion rendered prior to his appointment in that post:

Official Side reiterated that suitable clarification No. 5 of OM dated 09/09/2012 was already issued.

8. Stepping up of Pay of Senior incumbents at par with Junior incumbents as a consequence of  ACP/MACPs :

Staff Side has explained the case of gross injustice done, more particularly in the Accounts Department of India” Railways wherein the incumbents who cleared the Appendix examination are drawing less pay than those who could not qualify the said examination and got the benefit of MACPs. The staff side insisted that this situation is leading to de-motivation among qualified staff and urged for rectifying the anomalies. It was agreed to consider and Ministry of Railways advised to send the proposal

9. Employees who got one promotion prior to 01/09/2008 and completed over two decades of service without benefit of promotion and are denied third ACP under MACPs:

After discussion, official side agreed that is a peculiar situation and assured to take action to rectify the situation. The staff side has insisted that in such cases third ACP should be straight away given to staff from the date subsequent to the date of completion of two decades of service after promotion. Official side appreciated the logic and reasonableness and agreed to considered.

Official Side apPft’Cialcd the logic and reawnablencss and agreed to consider.

10. Modification of recruitment rules particularly in Railways and upgradation granted by abolition of Pay Scale-Implementation of MACPs :

The Staff Side explained that in the Railways the lower Pay Scales were abolished and posts were upgraded to the higher Pay Scales with revision of recruitment qualification and designation. In such cases the staff side insisted that entry Grade Pay as a result of upgradation subsequent to abolition of lower Pay Scales should be taken into consideration for reckoning 10/20/30 years of service for granting MACP.

Official side has agreed to obtain detials from Ministry of Railways for issuing appropriate clarification. In the meanwhile, Railway Board will have discussion with the Staff Side separately so that appropritate proposal could be sent to the DoP&T.

11. Placement of staff as a result of upgradation of posts :

The Staff side (NFIR) insisted that such placements should not be considered as promotion for the purpose of grant of financial upgradation under MACP Scheme. 

Official side stated that this will be examined.

12. In the course of discussion the Official Side also stated that MACP Scheme should be a fall-back option and the Ministries should conduct Cadre Restructuring for ensuring that the staff could be promoted within the reasonable time i.e. within 10 years. When the Staff Side pointed out that the Ministry of Railways is citing the instructions of Ministry of Finance issued some years back that only one third of the Cadre could be disturbed, for revising the percentages, the Official Side clarified that necessary clarificatory instructions will be issued to the Ministry of Railways etc., so that the Cadre Restructuring can be done without problems.

Courtesy : http://90paisa.blogspot.in/

CAT Jodhpur Bench delivers historic judgement on grant of MACP

CAT Jodhpur Bench delivers historic judgement on grant of MACP

The Hon CAT, Jodhpur, has delivered a historic judgement regarding granting of MACP. In its common order dated 22.05.2012 in OA 382/ 11. As per the Order, Promotion of a PA from Gr D/ Postman, should not be treated as promotion under MACP. Rather, MACP shall be granted based on the 10, 20, 30 years service in the PA cadre. Any promotions under LDCE shall not be brought into number of promotions under MACP.

Click here to download the order

Whether Training period could be counted for allowing MACP?

Railway Board has clarified that pre-appointment training shall not be taken in to into reckoning forthe purpose of MACPS (Modified Assured Career Progression Scheme), since, the instructions issued by Deptt. of Personnel & Training (DoP&T), the nodal department of Government on the subject of MACPS did not allow for counting of training period for granting financial upgradation under MACPS. 

The detailed clarficatory letter of Railway Board (No PC-V/201l/M/4/NFIR dated 07.06.2012) is as follows.

GOVERNMENT OF INDIA 
MINISTRY OF RAILWAYS 
(Railway Board)

No PC-V/201l/M/4/NFIR

New Delhi, dated 07-06-2012.

The General Secretary
NFIR
3, Chelmsfrd Road,
New Delhi-110055.

Sir,

Sub:- Counting of training period for granting financial upgradation under MACPS-reg.

The undersigned is directed to refer to NFIR’s letter No. IV/MACPS/09/Pt-5, dated 22/05/2012 and to state that issues relating to grant of financial upgradation under MACPS are regulated in terms of the specific instructions contained in Board’s letter dated 10-06-09, whose para-9 of Annexure stipulates that “ …….pre-appointment training shall not be taken in to into reckoning for the purpose of MACPS”.

   In this regard, It is also mentioned that the said issue has been discussed in Joint committee against agenda item No(s).24, 37, 40 & 45 and it has been noted that the cases where the probation/training is in the nature of pre-appointment, the same is not being counted for MACPS.

   Further, Board’s letter No. 2009/Sec(E)/PM-2/6(MACP), dated 28-03-2011 has since been withdrawn vide Board’s letter dated 29-04-2011.

   As the orders on MACPS are based on the instructions issued by Deptt. of Personnel & Training (DoP&T), the nodal department of Government on the subject of MACPS, this Ministry is not in a position to deviate from the instructions issued by them.

Yours faithfully,
sd/- 
for Secretary/Railway Board