Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies

Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator Comments

No.35014/1/2014-Estt.D

Government of India

Ministry of Personnel P.G. & Pensions

Department of Personnel & Training

North Block, New Dlehi

Dated: 02.02.2018

Office Memorandum

Sub: Proposal of the Staff Side to record disagreement of unsettled 6th CPC anomalies and to refer the same to Arbitrator Comments, regarding

The undersigned is directed to refer to JCA Section’s OM No. 11/1/2015-JCA dated 29.11.2017 and OM No. 3/3/2016-JCA dated 18.01.2018 on the above mentioned subject. With regard to request of JCA Section to discuss the issue with Staff Side. It is stated that it is not known on which issue Staff-Side desires to discuss the issue. Since the MACP Scheme is very complex, it would be appropriate that the matter may be discussed in the JCM meeting itself. However, latest status on the issue raised by Staff Side in the Standing Committee meeting held on 27.07.2012, 25.10.2016 and 03.05.2017 are furnished as under:-

FOLLOW UP ACTION AND LATEST STATUS ON THE ISSUES DISCUSSED IN THE JOINT COMMITTEE MEETING ON MACP HELD ON 27.07.2012

S.No.	Item	Recommendations	Follow up action	Latest Status
1.	Grant of MACP in the promotional hierachy	Staff side was informed that it was not possible to agree to the demand. Demand for allowing individual option for either ACPS or MACPS  was also  not agreed to.	No, action is required	Matter is sub-judice before Hon’ble Supreme Court.
2.	Date of effect of MACP Scheme	Staff side was advised to reconsider their demand for making MACPS effective from 01.01.2006.	No action.	No action
3.	Counting of 50% of service rendered by Temporary Status Casual Labour for reckoning 10/20/30 years under MACP Scheme that post.	It was decided that this issue may be taken up by the staff side in the National Council separately.	No action is required
8.	Stepping up of pay of senior incumbents at par with junior incumbents as a consequence of ACP/MACPS.	Official side states that steeping up of pay in the pay band or grade pay w.r.to junior getting more pay than the senior on account of pay fixation under the MACP Scheme can be considered as a special dispensation and suitable clarificatory instructions will be considered.	1.       Instructions in this regard have been issued vide OM dated 04.10.2012. 2.       On a reference from Ministry of Railways, the issue was considered, wherein it was categorically stated that the anomaly in  Accounts Cadre of Railways cannot be attributed to ACP/MACP Schemes, but due to facility cadre structure.	7th CPC has recommended in Para 11.40.81 for stepping up of pay in circumstantial ground prevalent in M/o Railways. On the proposal of M/o Railways for accepting this recommendation of 7th CPC, file has been referred to D/o Expenditure for approval
9.	Benchmark for MACP	Suitable instructions to be issued that wherever promotions are given on non selection basis (seniority-cum-fitness) the prescribed benchmark as mentioned in para 17 of Annexure 1 of MACPS dated 19.05.2009 will not be applicable and the benchmark for promotion will apply for the purpose of MACPS.	Instructions in this regard have been issued vide OM dated 04.12.2012	As per recommendations of 7th CPC, Benchmark for MACP has been enhanced to Very Good for all the posts vide OM dated 28.09.2016
10.	Grant of ACP benefit to Artisan Staff of Ministry of Defence.	Official side informed that the matter has already been examined and it is not amenable so acceptance.	The matter has been again examined on a reference from M/o Defence.	The matter has been closed in the meeting of Standing Committee held on 03.05.2017.
11.	Issues already resolved and hence closed	Multiple issues	Closed.	No action.
12.	Employees who got one promotion prior to 01.09.2008 and completed over two decades of  service without benefit of promotion and are denied third MACPs.	Official side has stated that this is a peculiar situtation and agreed to consider this issue on the basis of a reference to be made by the Ministry of Railways.	On a reference from M/o Railways the issue was examined in consultation with the D/o Expenditure and the proposal was not agreed to.	No action.

Follow up action on the meeting of Standing Committee held on 25.10.2016 under the Chairmanship of Secretary (P) on the issues relating to MACPS

S.No.	Item	Recommendations	Follow up action
5(xii)	Ensuring Five Promotions in the Service Career and Grant of MACP in the promotional hierarchy.	It was observed by Secretary (P) that the reason behind delay in promotion was also due to delay in completion and implementation of cadre review report and instructions would be issued to speed up cadre review.	Action required from CRD Division. With regard to other demand i.e. grant of MACP in promotional hierachy, it is stated that if MACP will be granted in the promotional hierarchy, it will give rise to uneven benefit to employees falling in the same pay scale since several organizations adopted different hierarchical pattern. Consequently employees working in organizations having greater number of intermediate greater number of intermediate grades will suffer because financial upgradation under MACPS will place them in lower pay scale vis-à-vis similarly placed employees in another organization that had lesser intermediary grades. Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of level in the Pay Matrix
6(vii)	Grant of 3rdMACP in GP Rs. 4600/- to the Master Craftsman (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs. 4500-7000/- as on 31.12.2005.	Joint Secretary (Estt.). DoP&T informed that the issued would be re-examined.	Formal proposal of M/o Defence has been received. The matter was discussed with the representatives of M/o Defence twice i.e. on 19.01.2016 and 26.01.2016. The issue will be referred to D/o Expenditure for reconsideration of their earlier advice.
6(xiii)	Withdraw the stringent conditions unilaterally imposed by Government for grant of Modified Assured Career Progression (MACP) in promotion and grant MACP on promotional.	Staff Side demand that Government should either make MACP promotional hierarchy centric or they should not make it conditional..    Joint Secretary (Estt.). DoP&T explained that the principle stil remains the same as for promotion also, the benchmark is “Very Good”.	No action is required.

Follow up action on the meeting of Standing Committee held on 03.05.2017 under the Chairmanship of Secretary (P) on the issues relating to MACPS

S.No.	Item	Recommendations	Comments of Establishment Division
12.	Ensuring Five promotions in the Service Career	It was informed that when this anomaly was earlier pointed out to the Joint Committee it was promised that this would be reconsidered and rectified. They suggested that if the MACP scheme was considered more beneficial the employee should be given option to choose whether be wants ACP Scheme of MACP scheme. The Chairman desired to know if there was any pay commission recommendation on this issue, on which he was informed that there was not. It was decided that the Establishment Division would examine the issue further.	It is stated that if MACP will be granted in the promotional hierarchy it will give rise to uneven benefit to employees falling in the same pay scale since several organizations adopted different hierarchical pattern. Consequently employees working in organizations having greater number of intermediate grades will suffer because financial upgradation under MACPS will place them in lower pay scale vis-à-vis similarly placed employees in another organization that had lesser intermediary grades. Further, 7th CPC has also recommended that MACP will continue to be administered in the hierarchy of levels in the Pay Matrix.
19.	Grant of 3rdMACP in GP Rs. 4600 to the Master Craftsmen (MCM) of Defence Ministry who were holding the post of MCM in the pre-revised pay scale of Rs. 4500-7000 as on 31/12/2005	Establishment Division had through their letter dated 09.02.2017 informed that a formal proposal of M/o Defence had been received. The matter was discussed with the representatives of M/o Defence twice i.e. on 19.01.2016, and 26.01.2016. The issue will be referred to D/o Expenditure for reconsideration of their earlier advice. The Staff-Side expressed satisfaction with the action taken. It was decided that the item may be closed.	No action.
25	Withdraw the stringent conditions unilaterally imposed by Government on grant of Modified Career Progression (MACP) in promotions and grant of MACP on promotional hierarchy.	JS (Admn and JCA) informed that ever since the introduction of disclosure of APARs, the number of employees getting higher level of gradings may rise. Proposal needed to be evidence based. It was decided that the Ministry of Railways may provide data on the trend of recorded gradings of APARS.	Though the matter assigned to M/o Railways, however, it is stated that the issue of enhancing the benchmark for promotion is under active consideration of the Government and the modalities decided in the matter of promotion will be made applicable in the case of MACP.

2. This issues with the approval of Joint Secretary (Establishment).

(Kuldeep Chaudhary)

Section Officer

Ph.No. 23040398

Source: Confederation