Latest 7th Pay Commission News

MACP in Promotional Hierarchy – AlCAEA

Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. – Violation of Government Order and judicial Verdicts

All India Civil Accounts Employees Association

(Recognized by Govt of India)

Central Headquarters

Phone No. 011-23345070, Mob.No.9868520926 e-mail: aicaeachq@gmail.com

Central Office: Room No.251, ‘B’ Wing,

Loknayak Bhawan,

Khan Market, New Delhi-110003

Address for Communication:

17/2-C, P&T Quarters,

Kali Bari Marg,

New Delhi-110001

No:- AlCAEA/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 favorable 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:

The hierarchal set up of the Department is:

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/-.

Read also: Option for Fixation of Pay on MACPS – Finmin Orders dt.18.6.2018

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 up- gradations 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 lst 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’)

Check also: Pay Fixation from DNI on MACPS – DOPT Clarification dt. 20.9.2018

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.O.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 I request you to consider our request positively and arrange to do justice by removing the discrimination between the two set of similarly situated employees.

Thanking you

Yours faithfully

sd/-

(V. Bhattacharjee)

Secretary General

Source: http://nfcaahqnd.blogspot.com

Pay Fixation from DNI on MACPS – DOPT Clarification dt. 20.9.2018

Dopt Clarified that the Option for Pay Fixation from the Date of Next Increment will be applicable in the cases of MACP also

No.35034/1/2017-Estt.D

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 20.09.2018

OFFICE MEMORANDUM

Subject:- Availability of option for fixation of pay on MACPS 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 CCS(RP) Rules, 2016, regarding.

The undersigned is directed to refer to this Department’s OM No.13/02/2017-Estt.(Pay-l) dated 27.07.2017 and its further clarification vide OM No. 13/02/2017-Estt.(Pay-I) dated 28.08.2018 on the issue of 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 DN1, if opted for, in context of CCS(RP) Rules, 2016.

2. A number of references have been received from various quarter including Secretary, Staff Side as to whether the aforesaid OMs 13/02/2017-Estt.(Pay-I) dated 27.07.2017 and 28.08.2018 will be applicable in the case of MACP also or otherwise. The matter has been examined in consultation with D/o Expenditure and it has been decided that the aforesaid OMs dated 27.07.2017 and 28.08.2018 will be applicable in the cases of pay fixation after grant of MACP also.

sd/-

(G. Jayanthi)

Joint Secretary (E-I)

View Dopt orders on MACP 20.9.2018

Authority: https://dopt.gov.in/

MACP Joint Committee: Implementing MACP Effect From Jan 2006

Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee

Shiva Gopal Mishra

Secretary

Ph: 23382286

National Council (Staff Side)

Joint Consultation, Machinery

For Central Government Employees

13-C, Ferozshah Road, New Delhi – 110001

E.Mail : nc.jcm.np@gmail.com

No.NC-JCM-2017/MACP

Dated: August 7, 2018

The Secretary,

Department of Personnel & Training,

North Block, New Delhi

Sub:- Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee

Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018

2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018

Dear Sir,

This office vide Letters referred at 1 above dated 16/01/2018 and 27/03/2018 has represented to your good self to make the MACP scheme effective from 1/1/2006 since the Hon’ble Supreme Court in its order in WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of India to implement the MACP Scheme retro spectively from 1/112006. Till date we have not received any positive response from the DOPT. However the MOD vide letter referred at 2 above (copy enclosed) have now issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel by implementing the Hon’ble Supreme Court judgment. Having implemented the judgment to one set of employees and denying the same to the similarly placed employees is discriminatory and unjustified.

The Hon’ble Supreme Court has repeatedly ruled that judicial decisions in matter of a general nature should be extended to all similarly placed employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC 648, the Apex court has held as Under:-

” Those who could not come to the court need not be at a comparative disadvantage position to those who rushed in here, ‘if they are otherwise similarly situated, they are entitled to similar treatment”

In view of the above to avoid multiplicity of litigation on the matter and since the item is also before the Joint Committee on MACP, it is requested that Govt. orders may please be issued for implementing the MACP Scheme w.e.f 1/1/2006. While issuing such an order, it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered from them in this connection.

Thanking you,

Yours faithfully,

sd/-

(Shiva Gopal Mishra)

Secretary

Source: Confederation

Clarification regarding ACP/MACP

Dated: 3/05/2018

sd/-

Asstt Controller of Accounts (FYS.)