Recommendation of 7th CPC on Modified Assured Career Progress Scheme – NFIR

Recommendation of 7th CPC on Modified Assured Career Progress Scheme – NFIR

NFIR

National Federation of Indian Railways

3, Chelmsford Road, New Delhi – 110 055

PRESS RELEASE

Reacting to the news item appearing in ‘The Hindu’ of 04th October 2016 relating to the acceptance of the recommendation of 7th Central Pay Commission on Modified Assured Career Progress Scheme (MACPS) and the DoP&T OM dated 27th/28th September 2016, the General Secretary said that while the Government has wrongly accepted the recommendation, at the same time has been spreading wrong news through the media. He said that the Scheme has been existing since 1st September 2008 and is not a new scheme as claimed by the Government.

Dr.Raghavaiah further said that while accepting the 7th CPC recommendations relating to the MACP Scheme for Central Government employees, the Government has totally ignored the agreement reached with the JCM (Staff Side) on 17/07/2012 and 27/07/2012 in the Joint Committee and National Advisory Committee Meetings wherein agreement was reached to maintain the same benchmark as is applicable for filling the vacancies through promotion by selection/non-selection/fitness instead of insisting upon the benchmark ‘Very Good’ recommended by the 6th Central Pay Commission. Thereafter, the DoP&T vide OM dated 01st November 2010 and 04th October 2012 issued necessary instructions for granting MACP to the Central Government employees.

The Federation takes note that the Government while accepting the 7th CPC recommendations relating to financial upgradation under MACP Scheme to its employees has again taken U-turn and had once again fixed the benchmark ‘Very Good’ arbitrarily for granting financial upgradation mainly to deny the legitimate benefit to its employees without any dialogue with JCM (Staff Side) – the machinery setup to deal with the issues of Central Government employees which is totally unjustified.

The Federation strongly opposes the move of the Government for which communications have already been sent by the Federation twice to the Cabinet Secretary on 2nd August and 23rd August 2016 to respect the bilateral agreement reached with the JCM (Staff Side) and restore the decision given vide DoP&T OM dated 01/ll/20l0 and 04/10/2012 without making any change on the settled issue.

The General Secretary, NFIR hopes that the Government would consider the above points and rectify the mistake soon duly restoring the earlier instructions of DoP&T to honor the commitment made to the Staff Side.

04th October 2016

(Dr. M.Raghavaiah)

General Secretary

Source: NFIR

Counting of the period of induction training for benefit of promotion under the TBOP/BCR schemes - Clarifications

APPENDIX 13  - POSB VOL -IV

MISCELLANEOUS STAFF MATTERS RELATING TO S.B.C.O.,

PAIRING AND INTERNAL CHECK ORGANISATION

[D.G Posts letter No. 22-6/2000-PE.I dated 17.5.2000]

37. Regarding counting of the period of induction training for benefit of promotion under the TBOP/BCR Schemes :- The issue regarding counting of the period of induction training spent by the employees of this Department for the benefit of promotion under the TBOP/BCR schemes has been under consideration of this office for some time. After consultation with the Department of Personnel and Training, it has now been decided that the period of induction training may also be counted for the benefit of promotion under the above schemes. However, past cases decided otherwise would not be covered by the above orders. This issue with the concurrence of Integrated Finance Advice vide their Diary No. 378/FA/2000 dated 25.7.2000.

[D.G Posts letter No. 44-47/98-SPB.II dated 3.8.2000]

38. Counting of the period of induction training for benefit of promotion under the TBOP/BCR schemes-clarifications:-(1) I am directed to refer to this Department's letter of even number dated 3.8.2000 [Para 37] on the above subject. References have been received from many Circles seeking clarifications on the above orders. The matter has been examined in detail in consultation with the Integrated Finance Wing of this Department and the position is clarified as under.

(2) This issues with the concurrence of Integrated Finance Wing vide their Diary No. 320/FA/2001 dated 17.7.2001.

Points raised	Clarification
(1) What will be the date of effect of the above order,	The cases decided prior to 3.8.2000 would not be covered by the order dated 3.8.2000.
(2) Whether the departmental candidates will also get the benefit of counting of induction training period prior to their promotion as Time scale clerks for the  benefit of promotion under  benefit of promotion under  TBOP/BCR ?	DO P&T has clarified that since the period of induction training is counted for the purpose of increments and qualifying       service for departmental examination, it would also count for the purpose of promotion under the TBOP/BCR schemes. Therefore, it is clarified that the period of induction training in respect of departmental candidates would also count for the purpose of promotions under TBOP/BCR schemes provided that such training period is obligatory for the departmental candidates in respect of the cadre to which they are to be promoted and they are to be promoted immediately on completion of such induction training period and also such         training period is counted for increment in the promoted cadre.
(3) If the junior officials get               promoted earlier than the   seniors as per the orders   dated 3.8.2000, whether the   seniors can claim benefit of       promotion under the above scheme from the date of promotion of the junior officials?	As per letter No. 22-6/2000-PE.I dated 17.5.2000, officials would be promoted under the TBOP/BCR schemes only after completion of qualifying service. Therefore, the question of senior claiming benefit with reference to the juniors etc. does not arise.

                                

Modified Assured Career Progression (MACP) :Some important Doubts and Clarifications – DOPT Order

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

North Block, New Delhi,
Dated : 9^th September, 2010

  

OFFICE MEMORANDUM

  

Subject:    MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – CLARIFICATIONS REGARDING.

  
  

           The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum of even number dated the 19th May, 2009 regarding the Modified Assured Career Progression Scheme (MACPS). Consequent upon introduction of the Scheme, clarifications have been sought by various Ministries / Departments about certain issues in connection with implementation of the MACPS. The doubts raised by varlous quarters have been duly examined and point-wise clarifications have accordingly been indicated in the Annexure.
 
2 The MACPS should strictly be Implemented in keeping wlth the Department of Personnel and Training Office Memorandum of even number dated 19/05/2009 read with the aforesaid clarifications (Annexure).

3. All Ministries / Departrnents may give wide circulation to the contents of this O.M. for general guidance and appropriate action in the matter.


4. Hindi version would follow.

  

s/d
(Smita Kumar)
Director (Estt.I)

  

Annexure

  

[Reference:- Office Memorandum No.35034/3/2008-Estt.(D) dated 07.09.2010]

  

S.NO	POINT OF DOUBT	CLARIFICATION
1.	1 Whether the Pay Band would change in the hierarchy of Pay Bands & Grade Pay on grant of the benefits under MACPS?	Yes. The upgradations under MACPS is to be granted in the immediate next higher grade pay in the hierarchy of recommended revised pay (band and grade pay as prescribed in the CCS, (RP) Rules, 2008.
2.	Whether the benefits of MACPS would be allowed to the Government servants who have been later on inducted in the Organized Group “A” Service	No. The benefits under MACPS is not applicable to Group ‘A’ officer of Organised Group ‘A’ Services, as the officer under Organized Group ‘A’ Services have already been allowed panty of two years on non-functional basis with the officers of Indian Administrative Service (IAS)
3.	How will the benefits of ACP be granted if due between 01.01.2006 and 31.08.2008?	The new MACPS has come into existence w.e.f. 01.09.2008. However, the pay structure has been changed w.e.f. 01.01.2006. Therefore the previous ACPS would be applicable in the new pay structure adopted w e f . 01.01.2006. Para 6.1 of Annexure-1 of MACPS is only for exercising option for coming over to the revised pay structure and not for grant of benefits under MACPS. The following illustrations would explain the position: (A) In the case of isolated post: Date of appointment in entry Grade in the pre-revised pay scale of Rs.4000-6000: 01.10.1982 1st ACP granted on 09.08.1999 : Rs.4500-7000 (pre-revised) 2nd ACP due on 01 10 2006 : Rs.5000-8000 (pre-revised) [revised PB-2 Grade Pay of Rs.4200]    3rd financial upgradation under the MACPS would be due on 01.10 2012 (on completion of 30 years of continuous regular service) in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay i.e. Grade Pay of Rs.4600 in PB-2. (B) In the case of normal promotional hierarchy: Date of appointment in entry Grade in the pre-revised pay scale of Rs.5500-9000: 01.10.1982 1st ACP granted on 09.08.1999 : Rs.6500-10500 (pre-revised)    2nd ACP due on 01.10.2006 (as per the existing hierarchy) : Rs.10000-15200 (pre-revised).    Therefore, 2nd ACP would be in PB-3 with Grade Pay of Rs.6600 (in terms of hierarchy available): 3rd financial upgradation under MACPS would be due on 01.10.2012 in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay of Rs.7600.
4.	Whether the benefits of MACPS would be granted from the date of entry grade or from the date of thew regular servlce/approved service counted under varlous service rules	The benefits under MACPS would be available from the date of actual joining of the post in the entry grade.
5.	In a case where a person is appointed to an ex-cadre post in higher scale on deputation followed by absorption. whether the period spent on deputatlon perlod would be counted as continuous servlce in the grade or not for the purpose of MACPS	(i) Where a person is appointed on direct recruitment/deputation basis from another post in the same grade, then past regular service as well as past promotions/ACP, in the earlier post, will be counted for computing regular service for the purpose of MACPS in the new hierarchy. (ii) However, where a person iS appointed to an ex-cadre post in higher scale initially on deputation followed by absorption, while the service rendered in the earlier post, which was in a lower scale cannot be counted, there is no objection to the period spent initially on deputation in the ex-cadre post prior to absorption being counted towards regular service for the purposes of grant of financial upgradation under MACPS, as it is in the same Pay band/grade pay of the post.
6.	Whether the pay scale/grade pay of substantive post would be taken into account for appointment/selection to a higher post on deputation basis or the pay scale/grade pay carrying by a Government servant on account financial upgradation(s) under ACP/MACP Scheme	The pay scale/grade pay of substantive post would only be taken into account for deciding the eligibility for appointment/selection to a higher post on deputation basis.
7.	In a case where 1st/2nd~ financial upgradations are postponed on account of the employees not found fit or due to departmental proceedings, etc. whether this would have consequential effect on the 2nd/3rdfinancial upgradation or not.	Yes. If a financial upgradation has been deferred/postponed on account of the employee not found fit or due to departmental proceedings, etc.. the 2nd/3rd financial upgradations under MACPS would have consequential effect.(Para 18 of Annexure-1 of MACPS referred).
8.	In a case where the Government servant have already earned three promotions and still stagnated in one grade for more than 10 years, whether he would be entitle for any further upgradation under MACPS	No. Since the Government servant has already earned three promotions, he would not be entitled for any further financial upgradation under MACPS.
9.	Whether the pre-revised pay scale of Rs.2750-4400 in respect of Group ‘D’ non matriculate employees, would also be taken as merged to grade pay of Rs.1800 for the purpose of MACPS in view of merger of pre-revised pay scales of Rs.2550-3200, Rs.2610-3540, Rs.2610-4000 and Rs.2650-4000, which have been upgraded and replaced by the revised pay structure of grade pay of Rs.1800 in the pay band PB-1.	Yes
10.	If a Govt Servant on deputation earns upgradation under MACPS in the parent cadre, whether he would be entitled for deputation (duty) allowance on the pay and emoluments granted under the MACPS or not?	No. While eligibility of an employee for appointment against ex-cadre posts in terms of the provisions of the RRs of the ex-cadre post will continue to be determined with reference to the post/pay scale of the post held in the parent cadre on regular basis (and not with reference to the higher scale granted under ACPS/MACPS). such an officer, in the event of his selection, may be allowed to opt to draw the pay in the higher scale under ACP/MACP Scheme without deputation allowance during the period of deputation, if it is more beneficial than the normal entitlements under the existing general order regulating pay on appointment on deputation basis.
11.	Since the pay scales of Group “D” employees have been merged and placed in the Grade Pay of Rs.1800, whether they are entitled for grant of increment @ 3% during pay fixation at every stage.	Yes. On the analogy of point 22 of Annexure-1 of MACPS, the pay of such Group “D” employees who have been placed in the Grade Pay of Rs.1800 w.e.f. 01.01.2006 shall be fixed successively in the next three immediate higher grade pays in the hierarchy of revised paybands and grade pays allowing the benefit of 3% pay fixation at every stage.

S

7th Pay Commission MACP Changes in benchmark and withholding of increment

7th Pay Commission MACP changes – Benchmark for allowing MACP increased from ‘Good’ to ‘Very Good’. Annual Increments to be withheld in the first 20 years if not eligible for MACP

Govt accepts 7th Pay Commission’s proposal for increasing the benchmark for allowing MACP from “Good” to “Very Good”.

The other proposal of 7th Pay Commission that annual increment will be withheld in the first 20 years of service if an employee fails to attain the benchmark for MACP or promotion, has also been accepted by Govt.

These are two significant changes in the service conditions of Central Government Employees as their pay will be related to their performance to some extent after implementation of 7th Pay Commission.

Here is the text of acceptance by Govt with respect to changes made in MACP

S.No	Recommendation of the seventh central Pay Commission	Decision of the Government
1	MACP will continue to be administered at 10, 20 and 30 years as before. In the new Pay Matrix, the employee will move to immediate next Level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the Pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of Organised Group ‘A’ Services. (Para 5.1.44 of the Report)	Accepted
2	Benchmark for performance appraisal for promotion and financial ungrdation under MACPS to be enhanced from “Good” to “Very Good”. (Para 5.1.45 of the Report)	Accepted
3	Withholding of annual increments in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service. (Para 5.1.46 of the Report)	Accepted

Assessment of INDWF on 7th CPC Recommendations – Fitment, Annual Increment MACP and Cadre Revivew

Assessment of INDWF on 7th CPC Recommendations – Fitment, Annual Increment MACP and Cadre Revivew

Fitment : The fitment of the pay in the new pay structure is recommended at 2.57 times of the Basic Pay drawn, which has been arrived based on the Minimum Pay of VI CPC and the proposed Minimum Pay by VII CPC. The NC JCM proposal of Minimum Pay and Fitment ratio should be reiterated.

Annual Increment : The rate of annual increment is being retained at 3 percent. The Demand of 5% sholuld be reiterated. Further, it is seen in the Pay Matrix recommended by the commission the increment is below 3% in certain stages. It appears that the commission has rounded the value to the nearest 100. It is demanded that at least 5% increment can be ensured.

Modified Assured Career Progression (MACP) : The continual of upgradations in 10, 20 and 30 years is disappointing and improvement as demanded by NC JCM shluld be reiterated. The demand of granting MACP upgradations in the promotion hierarchy has been recommended. Implementation of the same is to be ensured. The retrograde recommendations of enhancing the benchmark for MACP has been ‘Good’ to ‘Very Good’ and withholding of annual increments in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service is to be withdrawn totally.

Cadre Review : The commission has recommended a new system, supposedly to hasten the process of cadre reviews and reduce the time taken in inter-ministerial consultations. It may be demanded that as soon as the concerned department finalises a proposal in consultation with representative members from the DoP&T and the Dept. of Expenditure, a provisional recruitment rule may be published with the assent of the President of India (excluding any increase or decrease in the total number of posts in the cadre) such that the provisional Rule satisfies statutory requirements. Therefore, the concerned departments or the cadre review committee may assess the proposal in detail and initiate proceedings for a permanent recruitment rule.

Source: INDWF

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Major recommendations in 7th CPC report regarding MACP Scheme

Frequency of Modified Assured Career Progression (MACP)

7th Pay Commission is of the view that there is no justification for increasing the frequency of MACP and it will continue to be administered at 10, 20 and 30 years as before.

In the new Pay matrix, the employees will move to the immediate next level in the hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the pay matrix.

MACP will continue to be applicable to all employees up to HAG level except members of Organised Group `A’ Services where initial promotions up to NFSG are time bound and hence assured.

With regard to the benchmark for performance appraisal for MACP as well as for regular promotion, 7th Pay Commission has recommended that in the interest of improving performance level, the same has to be enhanced from ‘Good’ to ‘Very Good.’

In addition, introduction of more stringent  criteria such as  clearing of departmental examinations or mandatory training before grant of MACP can also be considered by the government.

Withholding Annual Increments of Non-performers

There is a widespread perception that increments as well as upward movement in the hierarchy happen as a matter of course.

The perception is that grant of MACP, although subject to the employee attaining the laid down threshold of performance, is taken for granted.

7th Pay Commission has proposed that employees who do not meet the laid down performance criterion should not be allowed to earn future annual increments.

The Commission has proposed for withholding of annual increments in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service.

This will act as a deterrent for complacent and inefficient employees. However, since this is not a penalty, the norms for penal action in disciplinary cases involving withholding increments will not be applicable in such cases. This will be treated as an “efficiency bar”.

Additionally, for such employees 7cpc has also proposed that there could be an option to leave service on similar terms and conditions as prescribed for voluntary retirement.

Promotional hierarchy instead of Grade Pay hierarchy:

MACP Scheme introduced by 6th Pay Commission, provided for career progression in next grade pay hierarchy irrespective of the fact that the next grade pay in hierarchy happens to be the same.  The new pay matrix advocated by 7th Pay Commission may rectify this inconsistency as 7th CPC observers that horizontal traversal in the pay matrix on promotion or MACP  would take care of promotional hierarchy.

The High Court Jodhpur upheld the order of Jodhpur CAT.On MACP

The High Court Jodhpur upheld the order of Jodhpur CAT.On MACP CLICK HERE FOR DETAILS

Important Cat Judgement regarding MACP

IMPORTANT CAT JUDGEMENT

DECLINING REGULAR PROMOTION BEFORE THE DATE OF IMPLEMENTATION OF ACP OR MACP SCHEME SHOULD NOT BE A BAR FOR GRANTING ACP/MACP

Refusal to accept promotion, earlier to 09.08.1999 when the ACP scheme was promulgated, does not make an employee ineligible for grant of first financial benefits under ACP scheme when the scheme came into force only on 09.08.1999

Facts: The Applicant (who was appointed on 08.03.1980), while working as Radio Mechanic in India Meteorological Department refused his promotion due to family circumstances, when his promotion order was issued on 30.07.1998.

The Assured career Progression Scheme came into force on 09.08.1999. The Applicant having completed 12 years of service and stagnating in the same post of Radio Mechanic was rejected for the financial benefit of ACP on the ground that he refused his promotion when offered on 30.07.1998 earlier to the introduction of ACP scheme on 09.08.1999.

Modified Assured Career Progression Scheme (MACP) was introduced for financial upgradation on 19.05.2009. As per this scheme, an employee will be entitled for three financial upgradation after completion of 10, 20 and 30 years of continuance of service. The Applicant became eligible for 1st ACP in 2000 and 2nd MACP in 2010. The grievance of the Applicant is that, he was denied 1st ACP and 2nd MACP. Hence he filed this OA challenging the Office Orders 10/11-12-2008 and 20-9-2010 whereby he was denied the financial upgradation.

The Respondents state that he refused promotion issued by Order dated 30.07.1998. In terms of DoP&T O. M. No. 35034/1/1997 Establishment (D) (Vol. IV), dated 18.07.2001, the Applicant cannot be said to stagnate in the same post. Hence the 1st ACP benefits was refused. The Applicant annexed the judgement of Bombay Bench of the Tribunal as appeared in Swamynews of July, 2008.

The Bombay Bench of the CAT held that “If an employee has refused the promotion before the enforcement of ACP Scheme, the facts would remain that he has actually not been given any financial upgradation which he could have been before regular promotion. He remains on the scale of pay still stagnated”. In view of this clarification, the clarification of Respondents cannot be accepted. Ernakulam Bench of CAT in OA No. 768 of 2005 considered condition No. 10 makes it amply clear that if an employee is accepting ACP benefit, he is deemed to have given unqualified acceptance for regular promotion on occurrence of vacancy subsequently”. That precludes factoring of past refusal while given ACP benefit.

In view of the above, refusals of promotion earlier to 9-8-1999, has no effect on the grant of financial benefit under ACP scheme. Hence, the clarification given no Doubt No. 38 by DoP&T cannot be accepted in this case as the Applicant herein refused promotion earlier to the coming of ACP Scheme. In that view, refusal of grant of 2nd financial upgradation under MACP scheme amount to punishing him for the second time. Hence, the eligibility of benefits under ACP scheme has to be recknoned on the actual date namely 9-8-1999. Hence declaining promotion earlier to 9-8-1999 is no reason to deny the first ACP introduced on 9-8-1999. Hence, a direction was given to Respondents to grant the Applicants benefits under the ACP scheme irrespective of the fact of their refusal of promotion earlier to 9-8-1999. Time given for implementation was 6 weeks.

In view of the above, same relief given by Bombay Bench is to be followed in this case also.

In the result, the impugned Order, dated 10/11-12-2008 and 20-9-2010 are set aside. The Respondents are directed to grant financial benefits under the ACP scheme to the Applicant in 12 weeks from the date of receipt of this order.

This the OA stands allowed.

(Shri. Ganesh Bhavrao Shrote v. Secretary, Ministry of Earth Sciences Mausam Bhavan, New Delhi, New Delhi, 8/2014, SwamynewS 98, (Bombay), date of judgement 5-8-2013)

NB: Reproduced from Swamy’s News August 2014-Tribunal Judgements

Source: http://confederationhq.blogspot.in/ [http://confederationhq.blogspot.in/2014/08/important-cat-judgement-declining.html]