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

Tuesday, 11 February 2020

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

Babloo - 08:13:00
MACP to Central Government Civil Employees, clarification for constitution of Screening Committee - DoP

Latest News MACP Central Govt Employees

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

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

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

Sir/ Madam,

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

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

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

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

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

Saturday, 7 December 2019

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

Babloo - 06:56:00
Grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees – Hon’ble CAT Jaipur Bench – DoP

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

MACP

No.2-24/2019-PCC

Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Date : 22/11/2019

To,

Chief Postmaster General
Rajasthan Circle, Jaipur – 302 007.

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

Sir,

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

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

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

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

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

Encl: (As Above)

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

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

Saturday, 30 November 2019

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

Babloo - 04:37:00

MACP


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

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

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

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

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

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

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

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

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

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

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

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

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

10. Hindi version of these orders is attached.

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

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

Wednesday, 20 November 2019

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

Babloo - 08:33:00

MACP CAT Chandigarh

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

MACP-Promotion-Grade-Pay-CAT-Chandigarh-judgement


CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
OA. 063/00687/2018
MA No. 063/00460/2019
Reserved on : 24.09.2019
Pronounced on: 14.11.2019
HON’BLE MR. SANJEEV KAUSHIK, MEMBER(J)
HON’BLE MR. A.K. BISHNOI , MEMBER(A)
  1. Shalini Naagi wife of Sh. Suraj Prakash, aged 49 years r/o H. No. 261, Gurdev Nagar, Zirkpur, Distt. Mohali (Pb) Office Superintendent, (Group ‘B’ Non Gazetted), Office of Additional Surveyor General, Northern Zone, Survey of India, Chandigarh.
  2. Satbir Singh son of Sh. Surjan Singh, aged 59 years, r/o H. No. 565, Sector 32-A, Chandigarh, Office Superintendent, (Group „B‟ Non-Gazetted) Office of Director HP GDC, Survey of India, Chandigarh.
  3. Habib Ahmad Siddiqui son of Late Sh. N.M. Siddiqui, aged 59 years r/o H. No. 603/B, Sector 32- A, Chandigarh, Office Superintendent, (Group „B‟ Non Gazetted) Office of Director Punjab, Haryana and Chandigarh GDC, Survey of India, Chandigarh.
…APPLICANTS
(Through Shri R.C. Sharma, Advocate)
VERSUS
  1. Union of India, through Secretary to Government of India,Ministry of Science and Technology, New Mehrauli Road, Block C, Admin, New Delhi-110 016.
  2. The Surveyor General of India, Hathibarkala Estate, Dehradun, Uttrakhand.
  3. The Additional Surveyor General, Northern Zone, Survey of India, Sector 32-A, Chandigarh.
  4. Director, Punjab, Haryana and Chandigarh GDC, Survey of India, Sector 32-A, Chandigarh.
  5. Director, Himachal Pradesh GDC, Survey of India, Sector 32-A, Chandigarh.
…….RESPONDENTS
(Through Shri K.K. Thakur, Advocate)

ORDER

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

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

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

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

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

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

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

3. The respondents in their counter reply have submitted that the applicants were promoted to the post of Office Superintendent from the post of Assistants on the dates as given above and were performing higher duties, but, in view of the merger of pay scales of Assistant and Office Superintendent as per Sixth CPC, the applicants were not granted any financial benefit on promotion from Assistant to the post of Superintendent at that stage. But, later on, as per the clarification dated 07.01.2013 received from Ministry of Finance, the applicants were granted the benefit of pay fixation by giving 3% increment and on completion of 30 years of regular service, they were granted third MACP with Grade Pay of Rs. 4600/- in PB-3 of Rs. 9300-34800. However, later on in view of some query raised, vide letter dated 22.05.2017, it was informed as follows:-
  • Assistants who have already received MACP in the Grade Pay of Rs. 4600/- are not eligible for any financial benefit on regular promotion to the post of Office Superintendent.
  • No MACP is eligible to Office Superintendent by ignoring his promotion from the post of Assistant to Office Superintendent.
3.1. In view of the above instructions, the third MACP benefits granted to the applicants were cancelled and the fixation of pay in respect of the concerned officers was carried out as per SGO‟s letter dated 09.06.2017 (Annexure A-7).

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

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

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

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

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

xxxx xxxx xxxx

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

Illustration - 1

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

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

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


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

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

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

8.1 Consequent upon the implementation of Sixth CPC’s recommendations, Grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.”

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

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

5. As noted above, the petitioners herein had earlier issued letter dated 22nd October, 2009 accepting the said position, but have later on changed their stand and stance and have positioned that the respondents would be entitled to financial upgradation only in the Grade Pay of Rs.7600 in Pay Band-3. In other words, there would not be any increase in grade pay of Rs 7600, but respondents would be entitled to benefit in the form of increments under Fundamental Rule 22(1)(a)(i).
xxxx xxxx xxxx xxxx

7. xxxx xxxx xxxx xxxx


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

xxxx xxxx xxxx xxxx

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

xxxx xxxx xxxx xxxx

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

xxxx xxxx xxxx xxxx

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

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

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

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

13. In view of the above, the OA is allowed and the impugned orders are set aside. The applicants shall be granted all consequential benefits within a period of sixty days of the receipt of a certified copy of this order. No order as to costs.
(A.K. Bishnoi), Member (A)
(Sanjeev Kaushik), Member (J)
Source: CAT Chandigarh

Wednesday, 23 October 2019

MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

Babloo - 04:54:00
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
MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES


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 yearBenchmark grading for MACP for Level 11 and belowBenchmark grading for MACP for Level 12 and above
2013-14 and earlier yearsGoodVery Good
2014-15GoodVery Good
2015-16GoodVery Good
2016-17Very GoodVery Good
2017-18 and subsequent yearsVery GoodVery 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

Wednesday, 28 August 2019

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

Babloo - 09:31:00

DoPT Orders 2019

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

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

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

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

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

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

MACP-annexure-dopt-2019


Source: DoPT

Thursday, 14 March 2019

Clarification on applicability of "Very Good" benchmark for financial upgradation under MACPS - DOP

Babloo - 09:02:00
Clarification on applicability of "Very Good" benchmark for financial upgradation under MACPS - DOP

MACP

No.7-8/2016-PCC (Pt.)
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg
New Delhi - 110001
Dated: 13.03.2019
To
All Chief Postmasters General/Postmasters General.

Sub : Clarification on applicability of "Very Good" benchmark for financial upgradation under MACPS and consideration of "Good" benchmark for the previous years before 25.07.2016.

This office is in receipt of large number of references consequent upon the clarification issued vide DG Posts' letter of even number dated 02.07.2018 on the above mentioned subject, regarding allowing opportunity of making representation against 'good' benchmark and relaxation of benchmark for MACPS.

2. In this context, it is reiterated that opportunity of making representation against the APAR which are post 2009 cannot be given as it is already disclosed to the employees in APAR process.

3. Further, the benchmark for the purpose of financial upgradation under MACP was enhanced from 'good' to 'very good' w.e.f. 25.07.2016 i.e prior to 25.07.2016 the benchmark was ‘good’ for MACPS. As such, the 'good' grading of APAPRs for the period prior to 25.07.2016 may be considered for financial upgradation under MACPS. However, the "very good" benchmark applicable w.e.f. 25.07.2016 cannot be relaxed for MACPS.

4. All concerned may be informed accordingly.
(S.B.Vyavahare)
Assistant Director General (GDS/PCC)
Tel. No. 011-23096629
Email-adggds@indiapost.gov.in

Tuesday, 26 February 2019

Fixation of pay of the employees who got promoted to the post of higher Pay level after being granted the benefit of pay fixation on grant of financial upgradation under MACPS

Babloo - 08:27:00
Fixation of pay of the employees who got promoted to the post of higher Pay level after being granted the benefit of pay fixation on grant of financial upgradation under MACPS

GOVERNMENT OF INDIA
MINISTRY OF INDIA
RAILWAY BOARD
S.No. PC-VII/ 127
RBE No. 23/2019
No. PC-V/2016/MACPS/1
New Delhi, dt. 12-02-2019
The General Managers
All Indian Railways
and PUs.

Sub: Fixation of pay of the employees who got promoted to the post of higher Pay level after being granted the benefit of pay fixation on grant of financial upgradation under MACPS.

The issue regarding regulation of pay fixation when the promotion to a higher pay level takes place in the 7th CPC period after the employee has already availed the benefit of pay fixation on grant of Financial Upgradation under MACPS has been under consideration for quite some time. It has been decided in consultation with DoP&T that the pay fixation benefit on grant of MACP after 7th CPC may be regulated in the following manner:-
(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 RS(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.
2. This has the approval of the Finance Directorate of Ministry of Railways.

3. Hindi version is enclosed.
sd/-
(Subhankar Dutta)
Dy. Director, Pay Commission-V
Railway Board
Source: Indian Railways

Friday, 19 October 2018

BOMBAY High Court Judgment dated 15-10-2018 on MACPs

Babloo - 09:25:00
BOMBAY High Court Judgment dated 15-10-2018 on MACPs

ORDER
(a) The impugned judgment and order dated 16th April, 2013 made by the CAT is hereby set aside.

(b) The petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits.

(c) The respondents are directed to work out the benefits of MACP with effect from 1st January, 2006 together with consequential benefits and to pay the same to the petitioner as expeditiously as possible and in any case within a period of three months from today.

(d) If, such benefits/consequential benefits are not paid to the petitioner within three months from today, then the respondents will liable to pay interest thereon @ 6% p.a. from the date such payments became due and payable, till the date of actual payment.

(e) Rule is made absolute in the aforesaid terms. There shall however be no order as to costs.
( M. S. SONAK, J. )
( A. S. OKA, J. )
Source: Confederation

Thursday, 11 October 2018

Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order

Babloo - 09:17:00
Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order

All India Civil Accounts Employees Association
(RECOGNIZED BY GOVT. OF INDIA)
Central Headquarters
Central Office: -
Room No. 351, 'B' Wing,
Loknayak Bhawan, Kali Bari Marg,
Khan Market, New Delhi - 110003
Address for Communication:-
17/2 - C, P & T Quarters,
New Delhi-110001
No:- AICAEA/HQ/A-2/2018/412
Dated: 08.10.2018
To,
Shri Anthony Lianzuala,
Controller General of Accounts, Ministry of Finance,
Department of Expenditure,
4th Floor, GPOA, Block-E, INA,
New Delhi - 110023

Subject : Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order and Judicial Verdicts.

Sir,
On behalf of members of this Association I am to submit herewith following facts for your kind consideration and early favourable action.
  1. The Ministry of Personnel, Public Grievances and Pension under O.M. No. 38/86/03- P&PW(A) dated 26-04-2004 has granted parity of Pay Scales in organized Accounts cadre w.e.f. 01-01-1996 notionally and actually from 19-02-2003 as shown below:
Sr.No.Name of the PostExisting Pay Scale as on 01-01-
1996
Up-graded Pay Scale to be applicable.
1Auditor/Accountant4000-100-60004500-125-7000
2Sr. Auditor/Sr. Accountant5000-150-80005500-175-9000
3Section Officer/Junior Accounts Officer5500-175-90006500-200-10500
4Asst. Audit Officer/Asst.Accounts Officer6500-200-105007450-225-11500
  1. The hierarchal set up of the Department is:
Accountant Group 'C' Senior Accountant Group 'B' Non- Gazetted
Asst. Accounts Officer Group 'B'
Filled in by Direct Recruitment or by Promotion from L.D.C.Promotional Post to Accountant
Promotion Post to Senior Accounts Officer on passing the Departmental Examination and on seniority - cum - fitness basis

3. The 6th Central Pay Commission has merged the post of Section Officer with Assistant Accounts Officer from 01-01-2006. The 6th Pay Commission has recommended the Pay Band 2 in the Pay Scale of Rs. 9300-34800 Plus Grade Pay of Rs. 4200/- to the Senior Accountant. The Asst. Accounts Officer were also given the Pay Band No. 2 but they were given the Grade Pay of Rs. 4800/-.

4. The Government of India, Ministry of Personnel, Public Grievances and Pensions under O.M. No. 35034/3/2008-Estt (D) dated 19-05-2009 has introduced the Scheme of Modified Career Progression Scheme (for brevity M.A.C.P.) which is the modified version of earlier A.C.P. Scheme. As per the Scheme the Government Servants will be granted 3 financial upgradations after completion of 10, 20 and 30 years of service if they have not received any regular Promotion. The condition No. 2 read with 6.2 of the Annexure 1 of the OM. laid down that:

"….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"

According to the information available to this Association, the Senior Accountants are being granted Grade Pay of Rs. 4600 /-(level 7 of pay matrix) on grant of benefits under M.A.C.P.

In this connection, your kind attention is invited to the following orders/Judgments of the various Tribunals/ High Courts/Supreme Court wherein the Tribunals/ High Courts have held that the Grade Pay of hierarchical Promotion Post has to be given on grant of financial benefits under M.A.C.P.

1. Central Administrative Tribunal (C.A.T.) Ernakulam Order dated 27-09-2011 in T.P.Leena Vs. Union of India.

The Tribunal has granted the Grade Pay of Rs. 4800/- on grant of 1st Financial Benefit under M.A.C.P. from Rs. 4200/-

2. The High Court of Ernakulam has by Judgment dated 21-06-2012 in the case of Union of India Vs. T.P.Leena has upheld the Order of CAT. and Hon’ble Supreme Court has dismissed the S.L.P. by Judgment dated 15-10-2012 holding that there is no reason to interfere with Impugned Order.

[Copies of above Order/ judgments are enclosed as Annexure 'A')

3. CAT New-Delhi by Order dated 26-11-2012 in Sanjay Kumar & others Vs. Ministry of Defence & others has granted the Grade Pay of Promotion Post (Copy enclosed).

Sir, it would not be out of place to submit that the Controller of Accounts C.B.D.T. Mumbai in compliance of C.A.T. Mumbai order has by order No. ZAO/MACP/ADMN/12015-16 dated 01-02-2016 has granted Grade Pay of Rs. 4800[- (level 8 of Pay Matrix] to 13 Senior Accountants on grant of benefits of 2“d M.A.C.P. The copy of the Order is enclosed as Annexure ‘B’ for your perusal.

It is further submitted that the Principal Chief Controller of Accounts. Zonal Accounts Office, CBDT, Mumbai has, while quoting Principal Chief Controller of Accounts C.B.D.T. New- Delhi letter No. -PCCA/CBDT/Estt/Rep/2018-381-382 dated 01-08-2018 has granted benefits of 3rd M.A.C.P. to 16 Senior Accountants under order No. ZAO/CBDT/MUM/ADMN/MACPS/2018-191 742 dated 04-09-2018 [Copy enclosed]. The perusal of the order would exhibit that all the Senior Accountants were in receipt of Grade Pay of Rs. 4800/- (level 8 ef Pay Matrix] on grant of benefits of 2nd M.A.C.P. and they have been granted Grade Pay of Rs. 5400/-[level 9 of Pay Matrix) which is the Grade Pay of hierarchical Post of Asstt. Accounts Officer.

In View of submission made in the letter, it is clear that the members of our Association are meted out with discrimination as far as grant of Grade Pay of Rs. 4800/-[level 8 of Pay Matrix) on grant of benefits of M.A.C.P. to Senior Accountants are concerned. They are given the Grade Pay of Rs. 4600/- [level 7 of Pay Matrix). This amounts to discrimination and violative of Article 14 and 16 of the Constitution of India. It is therefore requested that the Grade Pay of Rs. 4800/-(level 8 of Pay Matrix) may please be granted to all the Senior Accountants who have been granted benefits of M.A.C.P. A comprehensive review may please be taken and set right the grave injustice caused to our members.

In this context the observation of Principal Bench New Delhi in the case of All India Defence Civilian Clerks Association of ADC and Records Office and another Vs. The Secretary, Ministry of Defence and others in order dated 01-02-2012 (Copy enclosed) assumes importance.

We do not understand the logic of the Ministry of Defence, D.0.P & T. Ministry of Finance or even the Ministry of Law as to how the aforesaid directions as upheld by Hon'ble High Court of Delhi and the Apex Court cannot be made applicable to the Applicants who are admittedly similarly placed. In our considered opinion the Respondents/Departments should desist from rejecting the genuine request of the employees and force them to knock the door of Courts unnecessarily without any justifiable grounds.

In view of above observation of Hon'ble Principal Bench 1 request you to consider our request positively and arrange to do justice by removing the discrimination between the two set of similarly situated employees.

Enclo: As stated above.
Thanking you
Yours faithfully
(V. Bhattacharjee)
Secretary General

Friday, 21 September 2018

MACP Option for Fixation of Pay on Promotion from DNI - Clarification order issued by Railway Board

Babloo - 09:31:00
MACP Option for Fixation of Pay on Promotion from DNI - Clarification order issued by Railway Board

GOVERNMENT OF INDIA (BHARAT SARKAR)
Ministry of Railways (Rail Mantralaya)
(Railway Board)
PC-VII No.119
File No.PC-VII/2016/I/6/2
RBE No.142/2018
New Delhi, dated 20.09.2018
The General
Managers/CAOs(R),
All Indian Railways & Production Units,

(As per mailing list)

Sub: Availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post and method of fixation of pay from DNI, if opted for, in context of RS(RP) Rules, 2016 - regarding.

Please refer to Board’s letter of even no. dated 31.07-2017 forwarding therewith a copy of Ministry of Personnel, Public Grievances and pensions, Department of Personnel & Training's (MoPPG&P/DoPT)0M No.13/02/2017-Estt.(Pay) I dated 27.07.2017 regarding guidelines on availability of option for fixation of pay on promotion from the Date of Next Increment (DNI) in the lower and method of fixation of pay from DNI, if opted for, in context of CCS(RP) Rules, 2016 for adoption of the same in Railways with respect to RS(RP) Rules, 2016.

2. Now Ministry of personnel, Public Grievances and Pensions, Department of personnel & Training vide their 0M No.13/02/2017-Estt.(Pay-I) dated 28.08.2018 has clarified various aspects of their earlier 0M. The clarifications issued by DoP&T shall be applicable mutatis mutandis in Railways with respect to RS(RP) Rules, 2016.

3. The 'one month' period mentioned in the aforesaid 0M of DoP&T dated 28.08.2018 under clarification to point of doubt at Sl No.2 shall be month from the date of issue of these instructions.
sd/-
(Jaya Kumar G)
Deputy Director, Pay Commission- VII
Railway Board
MACP Option for Fixation of Pay on Promotion from DNI - Clarification order issued by Railway Board

Source: http://www.indianrailways.gov.in/

Wednesday, 22 August 2018

Grant of financial upgradation under ACP & MACP schemes for the central Government Civilian Employees including Railway employees

Babloo - 09:05:00

NFIR

Grant of financial upgradation under ACP & MACP schemes for the central Government Civilian Employees including Railway employees
No. IV/MACPs/09/part II
Dated: 21/08/2018
The Secretary / DoP&T
(Department of personnel PG & pension),
Department of personnel & Training,
North Block,
New Delhi.

Dear Sir,

Sub: Grant of financial upgradation under ACP & MACP schemes for the central Government Civilian Employees including Railway employees - reg.

Ref: (i)  Dop&T oM No.35034/1/97-Estt (D) dated 09/08/1999.
        (ii) Dop&T oM No.35034/3/2008-Estt (D) dated 19/05/2009.

NFIR invites kind attention to the OM dated 09/08/1999 wherein the Government of India (DoP&T) had introduced 'Assured career Progression Scheme' (ACPs) for the central Government civilian Employees pursuant to the recommendation of 5th central pay commission. The ACP Scheme was made effective in the Central Government departments from 1999. The ACP Scheme remained functional until 31/08/2008 (as clarified by the DoP&T vide para 9 its OM dated 19/05/2009) due to the fact that the 'Modified Assured Carrer Progression Scheme' was introduced by the DoP&T, replacing ACPS w.e.f. 01/09/2008, pursuant to the recommendations of 6th CPC.
The Federation has however been receiving representations from the Central Government civilian Employees, mainly railway employees from all corners of the country to make the MACP Scheme operational w.e.f. 01/01/2006
01/01/2006 instead from 0l/09/2008, pursuant to the order dated 08th December, 2017 passed by the Hon'ble Supreme Court in Civil Appeal Diary No.3744 of 2016. In this connection, NFIR places following facts for consideration:-
  • on perusal of the order of the Apex court, it is found that the Hon'ble Apex court has held that the MACP is a part of pay structure recommended by the 6th CPC, the same cannot be considerd as allowance which had been given effect from 01/09/2008. The said order has also cited the Resolution dated 30/08/2008 of the Government which was referred in the notification issued by the Ministry of Finance wherein MACP has been defined part of 'Pay structure' and not as 'Allowance' and therefore should be given effect from 01/01/2006.
  • The order dated 8th Dec 2017 passed by the Apex court has already been implemented by the Ministry of Defence, giving effect to the MACPs w.e.f.01/01/2006 through an OM dated 25/07/2018.
  • DoP&T may kindly take note that in para 6.5.2 & 6.5.4 of the report of 6th CPC, the Commission had recommended for implementation of the revised pay structure consisting of Pay Band and Grade Pay w.e.f. 01/01/2006 while the revised allowances were given effect from prospective date i.e. 01/09/2008.
  • Ministry of Finance vide Gazette of India, Extraordinary Notification of Resolution No. 1/1/2008-IC dated 29/08/2008 had implemented revised pay structure (Pay Band & Grade Pay) w.e.f. 01/01/2006 whereas the implementation of MACPS was made effective from 0110912008, Accordingly, Ministry of Railways also implemented revised Pay structure w.e.f. 01/01/2006 vide its order dated 04/09/2008 while the rates of Non Practicing Allowance (NPA) were revised w.e.f. 01/01/2006 vide Board's order dated 22/09/2008. Therefore, the MACPS which is part of Pay structure as decided by Apex Court should be given effect from 01/01/2006 in railways and all other Central Government departments.
  • Another important fact which cannot be ignored is, that the Apex Court had held that the benefit of ACP granted to an employee is part of the Pay structure which not only affects the pay but also pension of the employee, therefore, decided that the ACP is not allowance but a part of pay. At the same time, the Hon'ble Supreme Court further held that there can be no dispute that grant of ACP is part of pay structure and that the resolution dated 30/08/2008 relating to implementation of 6th CPC recommendations on pay structure, pay bands, grade pay etc have been given effect from 0110112006 and also added that this is the decision of the Cabinet which could not have been modified by issuing executive instructions.
  • NFIR suggests that while issuing modified instructions, in compliance with Apex Court order, the DoP&T may allow option opportunity to all those beneficiaries of ACPS as well MACPS to exercise their option for financial upgradation from the dates advantageous to them so as to avoid further grievances.
  • Summing up, NFIR urges upon the DoP&T to kindly consider the above points and issue modified instructions for granting financial upgradation under MACPS with effect from 01/01/2006 as was done by the Ministry of Defence. A copy of the instructions issued may be endorsed to this Federation.
Yours faithfully,
(Dr.M.Raghavaiah)
General Secretary
Source: NFIR

Sunday, 12 August 2018

Benefits of MACPs w.e.f. 1.1.2006 - Supreme Court Judgement

Babloo - 20:28:00
Benefits of MACPs w.e.f. 1.1.2006 - Supreme Court Judgement

Indian Railways Technical Supervisors Association
(Estd.1965, Regd. No.1329 under ITU Act,
Website http://www.irtsa.net)
No.IRTSA/Memo RB/2018-8
Date: 08-08-2018
Member Staff,
Railway Board.
Respected Sir,

Subject: Benefits of MACPS w.e.f. 1.1.2006 - since MACPS is given as a part of pay structure and is not an allowances as per recommendations Sixth CPC, Resolution of Govt. thereon and as per judgment of Supreme Court.

Ref: 1. Ministry of Defence letter No.14(1)/99-D(AG), dated 25.07.2018.
2. Judgement of Supreme Court in Civil Appeal No.3744 of 2016 Dated 8-12-2017.
3. Recommendations of Sixth Central Pay Commission para 6.1.15, 6.5.2 & 6.5.4
4. Ministry of Finance Notification No.1/1/2008-I C & Government of India Resolution dated 29.8.2008
5. Railway Board's OM No. PC-V/2009/ACP/2 (RBE No.101 /2009) dated 10.06.2009 - Regarding Recommendations of Sixth CPC - Modified Assured Career Progression Scheme (MACPS) for Railway Employees,
6. Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008
7. Railway Service (Revised Pay) Rules, 2008, No. PC VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

1. a) We seek your kind intervention on date of implementation of MACPS w.e.f 1.1.2006 (instead of 1-9-2008) as has been held by the Supreme Court of India vide its judgment cited above wherein MACPS has been held to be a part of pay structure recommended by 6th CPC and not to be considered as allowance which were implemented from 1.9.2008. The judgement has cited the Resolution of the Government of India dated 30-8-2008 referred to above as Notification of MOF where in in MACPS has been defined as Pay and not as Allowance and has thus to be allowed from 1-1-2006.

b) Consequent upon the said judgment of the Supreme Court Judgement Ministry of Defense made the MACP Scheme operational from 01.01.2006 vide its orders dated 25-7-2018 cited above.

2. Sixth CPC Recommendations on Date of implementation:
a) Reg. Pay Structure: 6 th CPC in para 6.5.2 & 6.5.4 of its report (Annexure-I) had recommended for implementation of revised scheme of pay bands and grade pay as on 1/1/2006 retrospectively
 b) Reg. Allowances: 6th CPC had recommended for implementation of revised allowances to take effect prospectively.
c) Reg. Pay: 6th CPC had recommended for implementation of revised pay retrospectively from 1-1-2006, as clear from the relevant Para reproduce below:
6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.

3. Ministry of Finance vide Gazette of India, Extraordinary Notification of Resolution No.1/1/2008-I C, dated 29.8.2008 had implemented revised pay w.e.f.1.1.2006. But it implemented MACPS and all allowances except DA w.e.f.1.9.2008. Relevant rules of finance ministry resolution is attached as
Annexure-II.

4. Ministry of Railways also implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008. Relevant part of RBE No. 103/2008 dated 04.09.2008 is attached as Annexure-III

5. Railway Board implemented the revised rate of NPA effective from the date an employee drawing pay in the revised scale applicable to him in accordance with the provisions of the Railway Services (Revised Pay) Rules, 2008, i.e. w.e.f. 1.1.2006, vide its letter No. PCV/2008/A/O/1(NPA) (RBE No. 122/2008) dated 22.9.2008. Relevant part of RSRP is attached as Annexure-IV

6. It is very much evident that 6th CPC recommended MACPS as part of pay structure. Subsequent resolution issued by Finance Ministry, (relevant paras of resolution implemented revised pay w.e.f. 1.1.2006. Only the allowances were implemented w.e.f.1.9.2008 while the Pay & DA were revised w.e.f. 1-1-2006.

7. MACPS is a part of pay structure. But MACPS order have been implemented w.e.f.1.9.2008, which is against the 6th CPC recommendations and Government of India's resolution issued vide MOF Notification dated 29-8-2008.

8. A). Hon'ble Supreme Court of India in Civil Appeal Diary No.3744 of 2016 decided on 8-12-2017(copy of relavant para of judgemnt attached as Annexure-V) had held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and will apply from 01.01.2006.
b). The Court had further ordered and held that there can be no dispute that grant of ACP is part of the pay structure.
C). Apex Court is very clear on its Judgement that, resolution dated 30.08.2008 on implementation of 6th CPC recommendations (with regard to pay structure, pay scales, grade pay, etc) are applicable from 01.01.2006. This is a decision of the Cabinet and could not have been modified by issuing executive instructions.
D). The apex court also disposed bunch of appeals by a common Judgement since similar questions of law are involved.

9. Consquent upon the Judgement of Honb'le Suprem Court, Ministry of Defence vide letter No.14(1)/99-D(AG), dated 25.07.2018 (copy attached as Annexure-VI) made the MACP Scheme operational from 01.01.2006.

10. It is also pertinent to mention that rules & procedures for MACPS is being followed uniformly for all Government employees irrespective of departments / ministries, who are all covered under Central Pay Commissions.

11. It is, therefore, requested that MACPS may please be implemented from 1.1.2006 since MACPS is part of pay structure - as recommended by 6th CPC, accepted by the Government of India vide its Resolution Dated 29-8-2008 and implemented by MoD consequent upon the Judgement of Hon'ble Supreme Court.

Thanking you in anticipation, with kind regards,

Encls: 6 Annexure
Yours faithfully,
Harchandan Singh,
General Secretary, IRTSA
Encls: 6 Annexure

6th CPC recommendations on Date of effect

Relevant para of Gazette of India, Extraordinary, Ministry of Finance Notification No.1/1/2008-I C, dated 29.8.2008
Relevant Para of Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008
Rule 4 of Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008
Relevant Para of Judgement of Hon. Supreme Court in Civil Appeal No.3744 of 2016 Dated 8-12-2017
Copy of Ministry of Defence letter No.14(1)/99-D(AG), dated 25.07.2018
Annexure-I

6th CPC recommendations on Date of effect 6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.

6.5.4. The Commission is of the view that prospective revision of various allowances is justified as their retrospective revision will give unintended benefits and may also, in some instances, cause loss to the employees as in the case of City Compensatory Allowance. Accordingly, the Commission's recommendations relating to allowances shall take effect prospectively. All recommendations relating to other facilities, benefits and conditions of service shall also take effect prospectively.
Annexure-II

Ministry of Finance Gazette Extraordinary, No.1/1/2008-I C dated 29.8.2008

Govt. vide resolution dated 29.8.2008 has implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008.
rule (iv) of rule 1. With regard to fixation pay in the revised pay bands, the basic pay drawn as on 1.1.2006 on the existing 5th CPC pay scales will be multiplied by a factor of 1.86 and then rounded of to next multiple of 10. This will be the pay in the revised running pay band. Grade Pay, as approved by Government,corresponding to the pre-revised pay scale, will be then added to the pay in the revised pay band. The total of pay in pay band and grade pay will be the revised basic pay as on 1.1.2006.
rule (vii) of rule 1. Three upgradation will be granted under Assured Career Progression (ACP) scheme at 10, 20 and 30 years as per Modified ACP scheme recommended by the Commission. ACP scheme will also applicable to Group "A" employees.
rule 3. The revised allowances, other than dearness allowance, will be effective from 1st day of September 2008.
Annexure-III

Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

Sub rule (2) of rule1 - They shall deemed to have come into force on the 1st January 2006.
Sub rule (1) of rule 7 - The initial pay of Railway servant who elects, or deemed to have elected under sub rule (3) of rule 6 to be governed by the revised pay structure on or from 1 st January 2006, shall, unless in case the President by special order otherwise directs, be fixed separately in respect of substantive pay in the permanent post on which he holds a lean or would have held a lean if it had not been suspended, and in respect of pay in the officiating post held by him, in the following manner namely:-
(A) In the case of all employees
(i) the pay in the pay band/Pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.
Annexure-IV

Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

Rule 4. The revised rates of all allowances, such as House Rent Allowance, Transport Allowance, Children Education Allowance, Special Compensatory Allowance, Special Duty Allowance, Island Special Duty Allowance, Hard Duty Allowance etc will be paid prospectively w.e.f.1.9.2008. Accordingly no arrears will be paid in respect of these allowances. However, Dearness Allowances and non-practicing allowance for medical doctors at rates notified separately, will be payable w.e.f.1.1.2006 or from the date of option.
Annexure-V
(The Apex Court find no merit in bunch of appeals (25 appeals along with civil appeal no. 3744) made on behalf of Union of India and disposed all pending applications in favour of extending the benefit of MACPS w.e.f. 01.01.2006.)

Excerpts from the Judgment of the Apex Court

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO. 3744 OF 2016
Union of India and Ors. .… Appellant(s)
Vs.
Balbir Singh Turn & Anr. ….Respondent(s)
Para 2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.
Para 5. …. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.
Para 6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.
Para 7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted hereinabove. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006.The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.
Para 10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. ….
Para 11. …… There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet. This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

Source: http://www.irtsa.net/

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