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

Latest MACP orders from DoPT

MACP SCHEME 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 CENTRAL GOVERNMENT CIVILIAN EMPLOYEES ORIGINAL ORDERDownload

MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

MACP DoPT Orders 2019

No.35034/3/2015-Estt.(D)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block, New Delhi -110001

Dated the 22nd October, 2019

OFFICE MEMORANDUM

SUBJECT:- CONSOLIDATED GUIDELINES REGARDING MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.

The Seventh Central Pay Commission in Para 5.1.44 of its report, recommended that Modified Assured Career Progression Scheme (MACPS) 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. As per the recommendations, the Scheme will be available to all posts, including Group “A” posts, whether isolated or not. However, Organised Group “A” Services will not be covered under the Scheme. In other words, MACPS will continue to be applicable to all employees up to HAG level, except members of Organised Group ‘A’ Services.

2. The Government has considered the recommendations of the Seventh Central Pay Commission for continuation of MACPS and has accepted the same. The MACPS will continue to be administered at 10, 20 and 30 years as before. Under the Scheme, the employee will move to immediate next Pay Level in the new Pay Matrix.

3. The Scheme shall continue to be applicable to all regularly appointed Group “A”(except officers of the Organised Group “A” Services), “B”, and “C” Central Government Civilian Employees. Casual employees, including those granted ‘temporary status’ and employees appointed in the Government 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-1.

4. A 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 level 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 level above the members of the Committee.

5. In cases where the Appointing Authority is the President and the Screening Committee is constituted in the Secretariat of the Ministry /Department, then the power to approve the recommendations of the Screening Committee is delegated to the Secretary of such Ministry or Department. In cases where the Appointing Authority is the President and the Screening Committee is constituted in an organization (for e.g., field office, attached/subordinate office, etc), then the power to approve the recommendations of the Screening Committee is delegated to the Head of such organization. In all other cases, the power to approve the recommendations of the Screening Committee shall be with the Appointing Authority.

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

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. Accordingly, cases maturing during the first-half of a particular financial year (April-September) 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 shall process the cases that would be maturing during the second-half of the financial year (October.,.March).

7. 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.

8. 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 MACP Scheme continues to be effective from 01.09.2008.

9. No stepping up of pay in the level would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme.

10. Hindi version will follow.

(A. Bhattacharya)

Deputy Secretary to the Govt. of India

Annexure-I

O.M. No.35034/3/2015-Estt.(D) dated 2.10.2019

1. There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years services, respectively, or 10 years of continuous service in the same Level in Pay Matrix, whichever is earlier.

2. The MACPS envisages merely placement in the immediate next higher level in the hierarchy of the Pay Matrix as given in PART A of Schedule of the CCS (Revised Pay) Rules, 2016. Thus, the level at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive Pay Levels, be lower than what is available at the time of regular promotion. In such cases, the higher level 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 upgradations under the MACPS would be admissible up-to level 15 in the Pay Matrix, corresponding to the Higher Administrative Grade (HAG).

Also read: MACP – All about Modified Assured Career Progression Scheme applicable to Central Government Employees after implementation of 7th Pay Commission

4. (i) Benefit of pay fixation available _at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme [as prescribed in Para 13 of CCS(Revised Pay Rules), 2016].

(ii) There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same pay level as granted under MACPS.

(iii) However, at the time of actual promotion if it happens to be in a post carrying higher pay level than what is available under MACPS, then he shall be placed in the level to_ which he is promoted at a cell in the promoted level equal to the figure being drawn by him on account of MACP. If no such cell is available in the level to which promoted, he shall be placed at the next higher cell in that level. The employee may have an option to get this fixation done either on the date of promotion or w.e.f. the date of next increment as per the option to be exercised by him.

5. Promotions earned/upgradation granted under the MACP Scheme in the past to those grades which are in the same Level in the Pay Matrix due to merger of pay scales/upgradations of posts recommended by the Seventh Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS. The benefit of merger will accrue w.e.f. the date of notification of the Recruitment Rules for the relevant post.

6. Fixation of pay on grant of financial upgradation under MACPS on or after 01.01.2016 shall be made as per Rule 13 of CCS (RP) Rules, 2016 issued vide Department of Expenditure notification dated 25th July, 2016 and in terms of provisions contained in DoP&T OM No. 13/02/2017-Estt.(Pay-I) dated 27.07.2017.

6.1 In cases where financial upgradation had been granted to Government Servants in the next higher Grade Pay in the hierarchy of Grade Pays as per the provisions of the MACP Scheme of 19th May, 2009, but whereas as a result of the implementation of Seventh CPC’s recommendations, substantive post held by him in the hierarchy of the cadre has been upgraded by granting a higher Pay Level in such cases the MACP already granted to him prior to 7th CPC shall be refixed in the revised pay structure at the next higher level of Pay Matrix. To illustrate, in the case of Postal Inspector (GP 4200/-) in Department of Posts, who was granted 1st MACP in the Grade. Pay of Rs; 4600/- in PB-2, he will now be granted (grade pay of Rs 4800 in the pay band PB-2) Level 8 of the Pay Matrix consequent upon upgradation of the post of Postal Inspector from GP of Rs. 420,0 to GP of Rs. 4600/Level 7 in the Pay Matrix. However, all the financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of Levels in the Pay Matrix as notified vide CCS (Revised Pay) Rules, 2016.

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/ Pay Level either from the date of his promotion/upgradation or from the date of his next increment viz. 1st July or 1st January, subject to provisions in the Scheme.

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

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 casual, adhoc/ contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in same/another Central Government Department in a post carrying same pay level in the Pay Matrix 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 Central Government employee in a State Government/Statutory Body/Autonomous body/Public Sector organization, before appointment in the Central Government shall not be counted towards Regular Service.

11. ‘Regular service’ shall include all periods spent on deputation/foreign service, study leave and all other kinds 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, 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. The Scheme may be extended to employees of Central Autonomous/Statutory Bodies under the administrative control of a Ministry/Department subject to fulfillment of conditions prescribed in DOPT’s OM No. 35034/3/2010-Estt.(D) dated 03.08.2010.

15. If a financial upgradation under the MACPS is deferred and not allowed after 10 years ina level, 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 (i). For grant of financial upgradation under the MACP Scheme, the prescribed Benchmark shall be ‘Very Good’, for all levels. This shall be effective for upgradations under MACPS falling due on or after 25.07.2016 and the revised benchmark shall be applicable for the APARs for the year 2016-17 and subsequent years.

17(ii). While assessing the suitability of an employee for grant of MACP, the Departmental Screening Committee (DSC) shall assess the APARs in the reckoning period. The benchmark for the APARs for the years 2016-17 and thereafter shall be ‘Very Good’. The benchmark for the years 2015-16 and earlier years• shall continue be as per the MACP guidelines issued vide DoPT O.M. dated 19.05.2009:

    “The financial upgradation would be non-functional basis subject to fitness in the hierarchy of grade pay within the PB-I. 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.”

For example, if a particular MACP falls due on or after 25.07.2016, the following benchmarks for APARs are applicable:

APAR for the year	Benchmark grading for MACP for Level 11 and below	Benchmark grading for MACP for Level 12 and above
2013-14 and earlier years	Good	Very Good
2014-15	Good	Very Good
2015-16	Good	Very Good
2016-17	Very Good	Very Good
2017-18 and subsequent years	Very Good	Very Good

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 Pay Level /grant of financial benefits only and shall riot amount to actual/functional 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/ Level under the MACPS. However, in cases where a senior Government servant granted MACP to a higher Grade Pay before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is granted MACP to the higher Level on or after the rst day of January, 2016, the pay of senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for hisjunior in that higher post and such stepping up shall be done with effect from the date of MACP of the junior Government servant subject to the fulfillment of the following conditions, namely:-

    (a) both the junior and the senior Government servants belong to the same cadre and they are in the same pay Level on grant of MACP;

    (b) the existing pay structure and the revised pay structure of the lower and higher posts inwhich they are entitled to draw pay are ientical;

    (c) the senior Government servants at the time of grant of MACP are drawing equal or more pay than the junior;

    (d) the anomaly is directly as a result o.f the application of the provisions of Fundamental Rule 22 or any other rule or order regulating pay fixation on such grant of MACP in the revised pay structure:

    Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub rule shall not be invoked to step up the pay of the senior officer.

21. Pay drawn in the level of Pay Matrix under the MACPS shall be taken as the basis for determining the terminal benefits in respect of the retiring employee.

22. 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 financial upgradation under the MACPS.

23. In case of transfer ‘including unilateral transfer on request’, regular service rendered in previous organisation /office shall be counted alongwith the regular service in the new organisation /office for the purpose of getting financial upgradations under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher Pay Level in the Pay Matrix as given in CCS (Revised Pay) Rules, 2016. Wherever an official, in accordance with terms and conditions of transfer on own volition to a lower post, is reverted to the lower Post/ Grade from the promoted Post/ Pay Level before being relieved for the new organisation/office, such past promotion in the previous organisation/ office will be ignored for the purpose of MACPS in the new organisation/office.

24. If a regular promotion has been offered but was refused by the employee befote becoming entitled to an upgradation under the scheme, no financial upgradation shall be allowed as the employee has not 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 withdrw 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 in such case, the second or next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal of promotion.

25. 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

26. 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 either draw pay in the level of Pay Matrix attached to the post held by them on deputation or the pay in the pay level admissible to them under the MACPS, whichever is beneficial. In case, the employee opts to draw pay in the pay level admissible to him/her under the MACPS, the.deputation (duty) allowance shall be regulated in terms of the instructions issued by DoPT vide O.M. No.2/11/2017-Estt.(Pay II) dated 24.11.2017, as amended from time to time.

27. Illustrations

A. (i) If a Government servant in Level 2 gets his first regular promotion in the Level 4 on completion of 8.years of service and then continues in the Level for further 10 years without any promotion then he would be eligible for 2nd financial upgradation under the MACPS in the Level 5 after completion of 18 years (8+10years).

(ii) (a) In case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the Level 6 on completion of further 10 years of service i.e. after 28 years (8+10+10).

(ii) (b) However, if he gets 2nd promotion after 5 years of further service to the grade say in the Level 7 [i.e. on completion of 23 years (8+ 10+5years)], then he would get 3rd financial upgradation in Level 8 after completion of 30 years.

(iii) (a) If he gets 2nd promotion before 20th year (say 19th year), then he gets 3rd MACP, at the end of 29th year, (i.e. 10 years from 2nd promotion) provided he does not get 3rd promotion.

(iii) (b) If he gets 2nd promotion after 20th year (say in 23rd year), and there is no 3rd promotion before 30 years, then he may be allowed 3rd MACP at the end of 30 years.

B. If a Government servant in Level 2 is granted 1st financial upgradation under the MACPS on completion of 10 years of service in the Level 3 and 5 years later he gets 1st regular promotion in Level 4, the 2nd financial upgradation under MACPS (in the next level w.r.t. level held by Government servant) will be granted in Level 5 on completion of 20 years of service. On completion of 30 years of service, he will get 3rd MACP in the Level 6. However, if two promotions are earned before completion of 20 years, only 3rd financial upgradation would be admissible on completion of 10 years of service in Level from the date 2nd promotion or at 30th year of service, whichever is earlier

C. If a Government servant has been granted either two regular promotions or 2nd financial upgradation under the ACP Scheme of August, 1999 after completion of 24 years of regular service then only 3rd financial upgradation would be admissible to him under the MACPS on completion of 30 years of service provided that he has not earned third promotion in the hierarchy.

Deputy Secretary

Source: DoPT

Gazette Notification - Central Civil Services CCS (Pension) Second Amendment Rules, 2019

Gazette Notification - Central Civil Services CCS (Pension) Second Amendment Rules, 2019

CCS (Pension) Second Amendment Rules, 2019.

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Pension and Pensioners’ Welfare)

NOTIFICATION

New Delhi, the 19th September, 2019

G.S.R. 673(E). - In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Pension) Rules, 1972, namely :-

Check this: Government amends Rule 54 of CCS (Pension) Rules, 1972

1. Short title and commencement. (1) These rules may be called the Central Civil Services (Pension) Second Amendment Rules, 2019.
(2) They shall come into force from 1st day of October, 2019

2. In the Central Civil Services (Pension) Rules, 1972,-
(i) in rule 54,
(a) in sub-rule (3), -

• (A) in clause (a), in sub–clause (i), the words “after having rendered not less than seven years’ continuous service” shall be omitted;
• (B) in clause (b), in sub-clause (i), the words “after having rendered not less than seven years’ continuous service” shall be omitted;

(b) after sub-rule (3), the following sub-rule shall be inserted, namely: –

• “(3A) Where of a Government servant who died within ten years before the 1st day of October, 2019, without completing, continuous service of seven years, his family shall be eligible for family pension at enhanced rates in accordance with sub-rule (3) with effect from the 1st day of October, 2019, subject to fulfilment of other conditions for grant of family pension.”

(ii) in rule 79, for clauses (a) and (b), the following clauses shall be substituted, namely:-

(a) For the purpose of Family Pension, 1964, if the family of the deceased Government servant has become eligible for family pension in accordance with sub-rule (2) of rule 54, the amount of family pension and the period for which it is payable shall be determined in accordance with sub-rule (3) of rule 54 within one month from the date of receipt of intimation of the date of death of the Government servant.

Also read: Central Civil Services (Leave) Second Amendment Rules, 2017

(b) For the purpose of death gratuity ,–

• (i) If the entire service rendered by the deceased Government servant is not capable of being verified and accepted, the amount of death gratuity shall be provisionally determined in accordance with clause (b) of sub-rule (1) of rule 50 on the basis of the length of qualifying service which is verified and accepted immediately preceding the date of death of the Government servant and the amount of death gratuity, so determined shall be authorised to the beneficiaries on provisional basis within one month from the date of receipt of intimation of date of death of the Government servant.
• (ii) The final amount of the death gratuity shall be determined by the Head of Office on the acceptance and verification of the entire spell of service by him within a period of six months from the date on which the authority for the payment of provisional death gratuity was issued and the balance, if any, becoming payable as a result of determination of the final amount of death gratuity shall then be authorised to the beneficiaries.”;

(iii) for Form 18, the following Form shall be substituted, namely:-

“Form 18
[See rules 78(1), 80(1), 80(3), 80 (5), 80-B (1) and 80-B (5)]
Assessment and authorisation of payment of family pension and death gratuity when a Government servant dies while in service

Download the FORM 18

Government amends Rule 54 of CCS (Pension) Rules, 1972 for Central Government Employees who dies early in his career

Government amends Rule 54 of CCS (Pension) Rules, 1972 for Central Government Employees who dies early in his career

Ministry of Personnel, Public Grievances & Pensions
Government amends Rule 54 of CCS (Pension) Rules, 1972

23 SEP 2019 6:46PM

On death of a Government servant while in service, the family is entitled to a family pension in accordance with Rule 54 of the Central Civil Services (Pension) Rules, 1972. The family pension was payable at enhanced rate of 50% of the pay last drawn for a period of 10 years, if the Government servant had rendered a continuous service of not less than seven years; thereafter the rate of family pension was 30% of the pay last drawn. In case the Government servant had rendered a service of less than seven years before his death, the rate of family pension was 30% from the beginning and family pension at enhanced rate of 50% of last pay drawn was not payable to the family.

Also read: Steps to complete the pension case as prescribed in in CCS Pension Rules, 1972

The Government felt that the need for family pension at enhanced rate is more in the case of a Government servant who dies early in his career, as his pay at the initial phase of service is much less. The Government has, therefore, amended Rule 54 of the Central Civil Services (Pension) Rules, 1972 by a notification dated 19th September, 2019. As per the amended Rule 54, the family of a Government servant, who dies within seven years of joining service, will also be eligible for family pension at enhanced rate of 50% of last pay drawn, for a period of 10 years.

The above amendment would be effective from 1st October, 2019. However, the families of Government servants who died before completion of service of seven years within 10 years before 1st October, 2019, will also be eligible for family pension at enhanced rates with effect from 1st October, 2019.

Also check: Delay in finalization of Pension/Family Pension claims due to common errors/mistakes found therein

The benefit of amended provisions would be available to the families of all Government servants, including the personnel of CAPFs, in the unfortunate event of their death within seven years of joining Government service.

PIB

Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972

Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972

No. 21 /01/2016-P&PW(F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners' Welfare)

New Delhi, the 12th February, 2019

OFFICE MEMORANDUM

Sub :- Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972 - Clarification regarding

The undersigned is directed to say that Rule 38 and Rule 49 of the Central Civil Services (Pension) Rules, 1972 have been amended vide Notification No. 21/1/2016-P&PW(F) dated 4th January, 2019 (copy enclosed). The proviso to the amended Rule 38 of the CCS (Pension) Rules provides that a Government servant who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49, subject to the conditions that the Government servant:

• (a) was examined by the appropriate medical authority either before his appointment or after his appointment to the service or post and was declared fit by that authority for Government sell/ice, and
• (b) fulfils all other conditions mentioned in this rule for grant of invalid pension.

In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule -A. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per month and maximum of one lakh twenty five thousand rupees per month, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years.

All Ministries/Departments are requested that the above clarification ma) be brought to the notice of Fiends of Department, Attached and Subordinate Offices, Controllers of Accounts. Pay & Accounts Offices. etc, under them.

Hindi version will follow,

(Harjit Singh)
Director

The Fundamental Amendment Rules 2018 - Amendment in FR 22(I)(a)(1)

DoPT: The Fundamental Amendment Rules 2018 - Amendment in FR 22(I)(a)(1)

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training) 

New Delhi, the 19th November, 2018 

G.S.R.370.- In exercise of the powers conferred by the proviso to article 309 and clause(5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Fundamental Rules. 1922, namely:-

1. (1) These rules maybe called the Fundamental (Amendment) Rules, 2018.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Fundamental Rules. 1922, in rule 22. in sub-rule (1), in clause (a). for sub-clause (I). the following sub-clause shall be substituted, namely:-

"(1) where a Government servant holding a post, other than a tenure post, in a substantive or temporary or officiating capacity is promoted or appointed in a substantive. temporary or officiating capacity, as the case may be, subject to the fulfillment of the eligibility conditions as prescribed in the relevant Recruitment Rules, to another post carrying duties and responsibilities of greater importance than those attaching to the post held by him, his initial pay in the time-scale shall be fixed by giving one increment in the level from which the Government servant is promoted and he or she shall be placed at a cell equal to the figure so arrived at in the level of the post to which promoted or appointed and if no such cell is available in the level to which promoted or appointed, he shall be placed at the next higher cell in that level.

Save in cases of appointment on deputation to an ex cadre post. or to a post on ad hoc basis or on direct recruitment basis, the Government servant shall have the option, to be exercised within one month from the date of promotion or appointment, as the case may be, to have the pay fixed under this rule from the date of such promotion or appointment or to have the pay fixed initially at the next higher cell in the level of the post to which he or she is promoted on regular basis and subsequently, on the date of accrual of next increment in the level of the post from which Government Servant is promoted, his pay shall be re-fixed and two increments (one accrued on account of annual Increment and the second accrued on account of promotion) shall be granted in the level from which the Government Servant is promoted and he or she shall be placed. at a cell equal to the figure so arrived, in the level of the post to which he or she is promoted; and if no such cell is available in the level to which he or she is promoted, he or she shall be placed at the next higher cell in that level.

In cases where an ad hoc promotion is followed by regular appointment without break, the option is admissible from the date of initial appointment or promotion. to he exercised within one month from the date of such regular appointment.

In cases where an officer has retired as ad hoc before being regularised to that post and later on has been assessed during the process of regularisation and found fit by the competent authority along with his or her juniors, who are still in service and are eligible to avail of the option facility from a date on which the retired employee was still in service, the same option facility shall also be extended to the retired employee, to be exercised within three months from the date when his or her junior became eligible to avail of option facility and in cases where such retired employee was
himself the junior most, he or she may exercise the option facility within three months from the date when his or her immediate senior became eligible to avail of option facility:

Provided that where a Government servant is immediately before his promotion or appointment on  regular basis to a higher post, drawing pay at the maximum of the level of the lower post, his initial pay in the level of the higher post shall be fixed at the cell equal to the figure so arrived at in the level of the post to which promoted or appointed by increasing his pay in respect of the lower post held by him on regular basis by an amount equal to the last increment in the level of the lower post and if no such cell is available in the level to which he is promoted or appointed, he shall be placed at the next higher cell in that level."

[F.No. 13/1/20 17-Estt.(Pay-I)]
RAJEEV BAHREE, Under Secy.

Note: The Fundamental Rules came into force from 1st January, 1922 and these rules were amended earlier as per  details below:-
1. Ministry of Finance Notification No.2(9)-E.III/61 dated 01.02.1963;
2. Ministry of Finance Notification No.1(1 )-E.III(A)/65 dated 20.02.1965;
3. Ministry of Finance Notification No. l(25)-E.IlI(a)/64 dated 30.11.1965;
4. Ministry of Finance Notification No. F.1(25)-E.ITT(A)/64 dated 01.10.1966;
5. Ministry of Finance Notification No. I (3)-E.TTI(a)/64-Pt.1I dated 18.07.1967;
6. Ministry of Finance Notification No. I (6)-E.TII(A)/68 dated 26.04.1968;
7. Ministry of Finance Notification No. l(25)-E.IIJ(A)/64 dated 27.05.1970;
8. Ministry of Finance Notification No. 18(13)-E.IV(A)/70 dated 29.01.1971;
9. Ministry of Finance Notification No. l(9)-E.1II(A)/74 dated 30.10.1974;
10. Ministry of Home Affairs Notification No. l(6)-P.U.1179 dated 23.11.1979;
11. Department of Personnel and Administrative Reforms Notification No. F. I (8)-P.U.T/80 dated 29.01.1981;
12. Ministry of Home Affairs Notification No. l/9/79-Estt.(Pay-I) dated 06.10.1983;
13. Ministry of Home Affairs Notification No.1 3/5/84-Estt.(Pay-T) dated I 7.08.1984;
14. Department of Personnel and Training Notification No. I3/5/84-Estt.(Pay-I) dated 24.09.1985;
15. Department of Personnel and Training Notification No. Il/I /85-Estt.(Pay-t) dated 24.04.1986; and
16. Department of Personnel and Training Notification No. I / I 0/89-Estt.(Pay-I) dated 30.08.1989.


Source: DoPT

Clarification on Enhanced Family Pension Payable

Clarification on Enhanced Family Pension Payable - DoP&PW

No.1/1(5)/2018-P&PW(E)
Department of Pension & Pensionors' Welfare
(Desk E)

Sub: Clarification on date upto which enhanced family pension payable-reg.

Ref: CPAO ID No. CPAO/IT & Tech/Clarification/13(VOL-III)/P&PW/2017-18/193 dated 05.02.2018 and NIC Note, dated 3.4.2013.

CPAO may please refer to above mention ID, dated 5.2.2018 on the subject mentioned above.

2. It was decided to increase the age of retirement from 58 to 60 years vide its notification No.25012/2/97-Estt.(A) dated 13th May, 1998. In pursuance of this decision and in view of the recommendation of the Vth Central Pay Commission, in partial modification of Rule 54(3) (a) of CCS (Pension) rules, 1972, it was decided that the payment of family pension at enhanced rates will be payable for 7 years or till the government servant/pensioner would have attained the age of 67 years against the existing provision of 65 years. This has been applicable in cases where Government servant is to retire at the age of 60 years in pursuance of the notification dated 11.05.1998 and not where Government servant has already retired at the age of 58 years or would have retired at the age of 55 years but for his premature demise.

3. Subsequently rule 54(3)(a)(ii) has also been amended to read as under:
In the event of death of Government servant after retirement, the family pension as determined under sub-clause (i) shall be payable for a period of seven years, or for u period up to the date on which the retired deceased Government servant would have attained the age of 67 years had he survived, whichever is less.

4. In view of this it is clear that family pension at enhanced rates will be payable for 7 years or till the deceased retired government servant would have attained the age of 67 years had he survived, whichever is less, irrespective of type of retirement. date of retirement and age of superannuation applicable in the case of retired Govt. servant. This would equally apply in all Central Civil Govt. Departments/Offices including CPAF and Medical Officers.

5. This issues with the approval of competent authority.

sd/-
(Sanjoy Shankar)
Under Secretary

Source: CentralGovernmentNews.com

Gratuity for Central Civil Services

Gratuity for Central Civil Services

Frequently Asked Questions (FAQs)
(Central Civil Services)

10. GRATUITY

(10.1) When will the gratuity withheld at the time of retirement be released?
The withheld amount of gratuity under sub-rule (5) of CCS(Pension) Rules, 1972, the mretiring Government employees, shall be paid immediately on production of "No Demand Certificate" from the Directorate of Estates after actual vacation of the Government accommodation.

The Directorate of Estates shall ensure that "No Demand Certificate" shall be given to the Government employee within a period of fourteen days from the actual date of vacation of the Government accommodation and the allottee shall be entitled to payment of interest (at the rate applicable to General Provident Fund deposit determined from time to time by the Government of India) on the excess withheld amount of gratuity which is required to be refunded., after adjusting the arrears of licence fee and damages, if any, payable by the allottee and the interest shall be payable by the Directorate of Estates through the concerned Accounts Officer of the Government employee from the actual date of vacation of the Government accommodation up to the date of refund of excess withheld amount of gratuity.

(10.2) Whether retirement gratuity/death gratuity, commuted value of the pension is taxable?
No. Death gratuity/retirement gratuity and commuted value of the pension are fully exempted from Income tax.

(10.3) Is there any ceiling on gratuities and if so what is the maximum amount admissible?
Yes. Ceiling on all gratuities has been raised to Rs. 20 lakhs w.e.f 01.01.20016 (earlier the limit was Rs.10 lakhs). DA admissible on the date of retirement is also to be added with pay for calculation of gratuity.

(10.4) Whether retirement gratuity, death gratuity can be paid by PAO/CPAO?
No. The amount of retirement/death gratuity as determined by the PAO shall be intimated to the Head of Office who will draw and disburse the amount to the retired Government servant or to the nominee/family as the case may be.

(10.5) Whether 10% gratuity or whole of the Gratuity is to be withheld at the time of retirement of all Government Servants?
No. The Administrative Deptt/Accounts Officer shall not withhold any gratuity unless the Head of Office
a) Enclose instructions received from Directorate of Estate for withholding of 10% gratuity for outstanding license fee.
Or
b) Informs of ongoing disciplinary proceedings.

(10.6) What all are dues recoverable from retirement gratuity?
The Government dues as ascertained and assessed by the Head of Office which remain outstanding on the date of retirement shall be adjusted against the amount of retirement Gratuity. The term Government dues includes dues pertaining to Government accommodation including arrears of license fee as well as damages for occupation of the Government accommodation beyond the permissible period after the date of retirement, if any. Government dues also includes balance of house building advance, conveyance, or any other advance, overpayment of pay and allowance or leave salary and arrears of TDS etc.

(10.7) If the nominee for death gratuity is a minor, how will be the gratuity paid?
If death gratuity is granted to a minor member of the family, it shall be payable to the guardian on behalf of the minor. In the case of absence of a natural guardian, the death gratuity to the extent of 20% or Rs.1.50 lakhs shall be paid to the guardian, without production of a guardianship certificate, but subject to production of an indemnity bond with suitable sureties. The balance amount shall be paid to the guardian on production of a guardianship certificate.

(10.8) When the retirement gratuity be withheld by the Government?
The retirement gratuity can be withheld in the following circumstances. 1. 100% gratuity shall be withheld on retirement if any disciplinary/judicial proceedings are instituted against the Government servant before his retirement. The gratuity in such cases will be withheld till the conclusion of the departmental/judicial proceedings and issue of final orders thereon.

2. The Administrative Department/Accounts Officer receives instructions from Directorate of Estates to withhold 10% gratuity for outstanding license fee/damages in respect of the Government accommodation.

(10.9) What action is required to be taken when gratuity is withheld on account of continuing disciplinary proceedings/judicial proceedings and when these payments will be paid?
The President reserves to himself the right of withholding a pension or gratuity or both either in full or in part or withdrawing a pension in full or in part, whether permanently or for a specified period and of ordering recovery from a pension or gratuity of the whole or part of any pecuniary loss caused to the Government, if, in any departmental or judicial proceedings, the pensioner is found guilty or grave misconduct or negligence during he  period or service, including service rendered upon re-employment after retirement. When the Government servant is exonerated fully after the departmental/judicial proceedings,, gratuity shall be paid after issue of the final orders. When the Government servant/pensioner is found guilty, Government will issue orders for regulation of gratuity.

(10.10) Whether interest is payable for delayed payment of gratuity and what is the rate of interest applicable in these cases of delayed payment of gratuity?
If payment of gratuity is delayed beyond its permissible period, interest at the rate of interest rate applicable to GPF deposits from time to time is required to be paid along with gratuity. In every case of delayed payment of gratuity shall be considered by the Secretary of the Administrative Ministry/Department and if the delay is due to administrative delay, Secretary of the Administrative Ministry/Department will sanction payment of interest. In all case where interest has been sanctioned by the Secretary of the Administrative Ministry/Department, such Ministry/Department shall fix the responsibility and take disciplinary action against the Government servant or servants who are found responsible for the delay in the payment of gratuity.

Filling of Returns by every Government Servant - Income Tax

Filling of Returns by every Government Servant - Income Tax

Government Servant

भारत सरकार /Government of India
आयकर विभाग/Income Tax Department
आयकर आयुक्त चेन्नै-3 का कार्यालय, चेन्नै
Office of the Pr. Commissioner of Income Tax-3, Chennai
कमरा सं.410, चौथातल, आयकर भवन, 121, महात्मागांधी रोड, चेन्नै-34.
4th Floor, Main Building, 121, Mahathma Gandhi Road, Chennai- 34.

P.N.DEVADASAN, IRS
Principal Commissioner.
Chennai

19/06/2018

To
The Drawing & Disbursing Officer
O/O Dy. Director of IT(INV) Unit III
139, IOC Bhavan I Floor IOC Bhavan Nungambakkam High
Road Nungambakkam Chennai - 600034

Dear Sir/Madam,
Sub: Filing of Returns by every Government Servant - Reg.

As you might be aware, every person who is having income more than Rs.2,50,000 is bound to file his/her return of income. This includes the Government Servants also. However, the data of returns filed indicate that more than 50% of the Government Servants at Chennai are not filling their income tax returns. I hope, you will agree that as government servants, we should abide by laws and to be role models to the common citizens of our country. If we, Government servants ourselves are violating law by not filling our income tax returns, we don’t have any moral right to blame other sections of society.

From this year i.e Assessment Year 2018-19 onwards, the Parliament has amended the Income Tax Act by introducing a new section 234F for imposing late fee on every person who is not filling his/her return of income within the due date. For salaried employees, the due date is 31-07-2018. This means all the salaried employees have to file their returns of income for the Financial Year 2017-18 (Assessment Year 2018-19) on or before31-07-2018. Otherwise they all mandatorily have to pay late fee amounting between Rs.1,000 to Rs.10,000 as per the provisions of Section 234 . Also, a penalty of Rs.5,000 can be imposed under section 271F on them. In addition to this, they can be prosecuted under section 276CC of the Income Tax Act for jail termsvarying between three months to seven years.

It may please be noted that these provisions are applicable to all the persons having gross income (excluding deductions) above Rs.2,50,000/-. It is understood that many persons who are claiming deductions under section 80C etc. (on GPF contribution, Life Insurance Policies, Housing Loan Repayment etc.) and adjustment of Interest on Housing Loan are under the impression that they need not file the return as their net income is below taxable limit and no TDS is deducted from their salary.
Therefore, I request you to kindly intimate and advice all the employees to whom the gross salary paid in the last year is more than Rs.2,50,000 to file their returns of income before 31-07-2018. It may also be noted that all the incomes earned by an employee such as rental income (including subletting of house/s), interest incomes, dividend from Co-operative societies and all such incomes should be declared in their returns of income. Later, if found to have omitted any such incomes, they are liable for separate penalty and prosecution for concealing those incomes.

A copy of this letter may be handed over to each of your employees who draw their salary through you. You may also discuss this issue with the Head of your Office/Department and request him/her to issue a circular to all the employees to file their return of income well in time.

In case of any clarification or suggestions, you may please contact the following Officers: Joint Commissioner Smt. Sumathy Venkataraman (8762300298), Assistant Commissioner Ms. N. Abhinaya (8939744880), Smt. Priya Ramakrishnan, ITO (9445954906), Shri Sundaramurthy, ITO (9445955554), Smt. Malarvizhy Kujur ITO (9962383336) or Shri V. Baladandayutham, ITO (9445954896).

Yours faithfully,

(P.N.DEVADASAN)

Source: Confederation

Journey to Headquarters on LTC in respect of dependent family members of the Government servant

Journey to Headquarters on LTC in respect of dependent family members of the Government servant

No. 31011/5/2015-Estt.A-IV
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-IV Desk

North Block New Delhi.
Dated October 31,2017

OFFICE MEMORANDUM

Subject: Journey to Headquarters on LTC in respect of dependent family members of  the Government servant - Clarification - reg.

The undersigned is directed to refer to this Department's O.M. No. 31011/14/86-Estt.(A-1V) dated 08.05.1987, which inter alia provides that the Govt. servant and the members of the family may claim LTC independently, however, reimbursement in such cases will be restricted to the actual distance travelled by the family or the distance between the headquarters/place of posting of the Government servant and the place visited/hometown, whichever is less.

2. Restriction of reimbursement to the distance from the Headquarter/place of posting creates an anomalous situation where the Government servant seeks to avail of LTC in respect of members of the family to the Headquarters/place of posting either from the Home town of the Government servant or from anywhere else. For illustration, a dependent child of a Govt. servant (posted in Delhi) staying and pursuing studies in Mumbai may visit a Government servant at his Headquarters/place of posting (i.e. Delhi) on LTC, however, reimbursement in such case shall be admissible for distance between the Headquarters and place of visit (which in this case is Headquarters itself), which shall be NIL in this case.

3.To resolve the issue, the matter has been considered by this Department in consultation with Joint Consultative Machinery - Staff side and Department of Expenditure. It is clarified that full reimbursement as per the entitlement of the Government servant shall be allowed for journey(s) performed on LTC by the family members from any place in India to Headquarters/place of posting of the Government servant and back. When such journey is performed from the Home Town, the LTC shall be counted against 'Home Town' LTC and in case the journey is from any other place in India, then it shall be counted against 'Any place in India' LTC.

4. The provisions of this OM (para 3) will have prospective effect.

5. Hindi version will follow.

(Surya Narayan Jha)
Under Secretary to the Government of India

To
The Secretaries
All Ministries/Departments of Government of India
(As per the standard list)

Source: DoPT Orders 2017

CGA Orders: One day Strike on 16th March 2017

CGA Orders: One day Strike on 16th March 2017

No.A-12017/1/2010/MF.CGA(A)/NGE/Assoc-Agi/1224
Government of India
Ministry of Finance
Department of Expenditure
Controller General of Accounts

Mahalekha Niyantrak Bhawan
E Block, GPO complex, INA
New Delhi-110023

Dated: 13th February, 2017

Subject: One Day Strike on 16th March, 2017.

Reference is invited to this office 0M of even no.502 dated 18th January, 2017. All India Civil Accounts Employees Association has intimated that the proposed One Day Strike on 15th February, 2017 has been to 16th March, 2017.

2. Attention is invited to the provisions of Government of India (Ministry of Home Affairs) 0M No.25/23/66-Estt(A) dated 09.12.1966 (reproduced as G.l. decision No.2 below Rule 7 of CCS (Conduct) Rules, which inter-alia provides that under Rule 7 (ii) of rules ibid, a Government servant shall NOT resort to or in any way abet any form of strike in connection with any matter to his service or the service of any other Government employees. If any Government servant resorts to any action in violation of Rule 7 (ii) of CCS (Conduct) Rules, disciplinary action would have to be taken against him.

3. Attention is also invited to proviso to FR 17(I) according to which any employee(s) who is absent from duty without permission shall not be entitled to any pay and allowances during the period of absence. Further, unauthorized absence shall be deemed to cause an interruption or break in service Of the employee under FR 17(A).

4. In this regard, the following decisions of the Supreme Court may also be brought to the of the employees under your Ministry/Department. The Supreme Court has held in the Case Of T.K.Rangarajan Vs. Govt. of Tamil Nadu that no right exists with the Govt. employees to strike, whether fundamental, statutory or an equitable right. In All India Bank Employees Association Vs. National Industrial Tribunal & Ors„ (1962 (3) SCR 269) the Constitution Bench of the Suprerme Court specifically held that even very liberal interpretation of sub-clause (C) of Clause (1) of Article 19 of the Constitution cannot lead to the conclusion that the trade unions have a guaranteed right to strike, either as part of collective bargaing or otherwise. There is no statutory provision empowering the employees to go on strike. The Supreme Court also agreed that going on strike is a grave misconduct under the Conduct Rules and that misconduct by Government Employees is required to be dealt with in accordance with law. Hence, once it is proved that an employee has committed the of going on a strike in any form, the Supreme Court has held in Bank of India vs. TS Kelawala [1990 (4) SLR 249] that he will have to face the consequences which may include deduction of wages and even dismissal from service.

5. In this context, it is clarified that strike means refusal of work or stoppage or slowing down of work by a group of employees acting in combination and includes:-

vii) mass abstention from work without permission which is wrongly described mass Casual Leave.
viii) refusal to work on overtime where such overtime work is necessary in public interest.
ix) resort to practice or conduct which is likely to result in or results in the cessation or substantial retardation of work in any organization. Such practice include what are ‘go-slow’, ‘sit-down’, “pen-down’, ‘stay-in’. ‘token’, ‘sympathetic’ or any other similar strike as also absence from work for participation in a ‘Bandh’ or similar movements.

6. Accordingly, Casual Leave or any other kind of leave, if applied for, should not be sanctioned to the officers and employees during the period of proposed One Day Strike on 16th March, 2017 and it should be ensured that the striking activities are not allowed inside and around the office premises. It may also be ensured that the employees, who intend to attend their office work despite the call for the strike, are not prevented from attending the office by the striking employees. Suitable contingency plan may be worked out for carrying out the various functions in field offices and Principal Accounts Offices.

7. The above instructions may be brought to the notice of staff working under your control. All the Pr. CCAs/CCAs/CAs are requested to deal with the cases in respect of employees, Who resort to action as above, in the light of above referred instructions.

8. This issues with the approval of the competent authority.

sd/-
(Sandeep Malhotra)
Sr. Accounts Officer

Click to view the order
Authority: www.cga.nic.in

Instructions on sealed cover procedure - where Government servant has been acquitted but appeal is contemplated/pending

F. No. 11012/6/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi
Dated: 19th January, 2017

OFFICE MEMORANDUM

Subject: Instructions on sealed cover procedure - where  Government servant has been acquitted but appeal is  contemplated/pending - clarification regarding.

The undersigned is directed to refer to this Department's O.M. No.22011/4/91-Estt.A dated 14.09.1992 issued in the light of the Judgement dated 27.08.1991 of the Hon'ble Supreme Court in the case of Union of India v/ s K.V. Jankiraman etc. (AIR 1991 SC 2010). References have been received seeking clarification with regard to the course of action in cases where the Government servant is acquitted by trial court but an appeal against the judgment is either contemplated or has been filed. This issue
has been examined in the light of various court judgements including Bank of India and another vs. Degala Suryanarayana, Appeal (Civil) 3053-54 of 1997, (1999) 5 SCC 762 in consultation with Department of Legal Affairs and it is clarified as following:

i. Where the recommendation of DPC has been kept in sealed cover solely on account of pendency of the criminal case, the sealed cover may be opened in case of acquittal of the Government servant provided it has not been stayed by a superior court.

ii. In the order of promotion a mention may however be made that the promotion is provisional subject to the outcome of appeal that may be filed against, the acquittal of the Government servant. The promotion thus will be without prejudice to the action that may be taken if the judgement of the trial court acquitting the Government
servant is set-aside.

iii. In case on appeal the Government servant stands convicted, following action will be taken:

a. The provisional promotion shall be deemed non est, and the Government servant shall stand reverted;

b. In case of the Government servant being sentenced to imprisonment exceeding 48 hours, he will be deemed to be  under suspension in terms of rule 10(2)(b) from the date of conviction;

c. Action under rule 19 (i) of the CCS(CCA) Rules, 1965, read with OM No. 11012/11/85-Estt (A) dated the 11th November, 1985 and 4th April, 1986 shall be taken.

2. All Ministries/ Departments are requested to bring the aforesaid instructions to the notice of all concerned and take action accordingly.

3. Hindi version will follow.

(Mukesh Chaturvedi)
Director (E)

To
The Secretaries of All Ministries/ Departments (as per the standard list)
Source: ccis.nic.in

Technical Resignation : Highlights of consolidated instructions issued by DOPT.

Technical Resignation : Highlights of consolidated instructions issued by DOPT

DoPT has issued an OM regarding Technical Resignation
TECHNICAL RESIGNATION & LIEN : CONSOLIDATED GUIDELINES.

Highlights of DoPT OM No. 28020/1/2010-Estt(C) Dated 17.08.2016

Compiled by K.V.Ramesh, Sr.JGS IRTSA.

1. Technical Resignation:

a. Government servant should have applied through proper channel for a post in same or some other Department.
b. If the conditions are met, it will be taken as Technical resignation, even if it was not mentioned as Technical Resignation while applying and all admissible benefits should be extended.
c. If competent authority not allowed the forwarding of application, it will not be treated as Technical resignation.
d. Benefits are admissible even if the employee applied before joining the service and application was not routed through proper channel, provided employee should intimate such application immediately after joining the service.

2. Balance leave credited:

a. Balance of utilized Child Care Leave and other leaves will be carried forward.
b. In case of permanent absorption in PSU/Autonomous Body/State Govt. employee is eligible for cash equivalent of leave salary in respect of EL & HPL at his credit subject to the limit of 300 days.

3. LTC carry forwarded: Entitlement for LTC will be carry forward.

4. Pay Protection: Protection of Pay will be given.

5. If employee rejoins his previous post:

a. In case employee rejoins his earlier post, he will be entitled for increments for the period of his absence from that post.
b. Transfer of GPF will be governed.
c. Seniority in the post held by the employee on substantive basis continues to be protected.

However the period spent in other department will not be counted for minimum qualifying service for promotion.

6. Past service counted for Pension: Employee originally joined before 1.1.2004, joined the new post on technical resignation after 1.1.2004, his past services are counted towards pension.

7. Transfer of NPS account: In case of NPS, the balance standing in Personal Retirement Account along with PRNA will be carried forward to new office.

8. Service Book transfer: Service Book from the date first appointment must be kept in the custody of head office in which employee is serving and transferred with him from office to office.

9. Medical Examination & verification:

a. If standard of medical examination is same for the new post, then employee need not to undergo fresh medical examination.
b. No need for verification of character & Antecedents of the employee, if period of discharging from previous post and appointment to new post is less than a year.

10. Lien will be maintained for two years normally, 3 years in exceptional cases.

11. Joining Time, Joining time pay & allowances:

a. Central & State Govt employees are eligible for joining time, which will be included as qualifying service in new Job.
b. During Joining Time, Eligible for pay equal to pay drawn in old post before relinquishment, DA & HRA. No Transport allowance.
c. Entitled for Transfer Travelling Allowance.

Download DoPT OM No. 28020/1/2010-Estt.(C) dated 17.08.2016