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Need for granting MACP with effect from 1st January 2006 for all Central Government Employees and Railway Employees as per Supreme Court Judgement

MACP applicable from 1st January 2006 – Apex Court Order

MACP with effect from 1st January 2006 – Orders yet to be issued

NFIR

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.

Jul 14, 2018

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.

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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 recommendations 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 Career 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 instead from 01/09/2008, 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 considered 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 01/09/2008. 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 01/01/2006 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

MACP Benchmark - Clarification issued by MoD

Benchmark for financial upgradation under MACP clarification regarding dated 11.07.2018

Government of India

Ministry of Defence

Department of Defence

D(Civ I)

Subject: Benchmark for financial upgradation under MACP - clarification regarding

Clarification was sought from DoP&T on the issue of benchmark criteria for grant of financial upgradation under MACP. Now, the requisite clarification has been furnished by DoP&T vide their Comm. No.1313743/CR/18 dated 22.06.2018, contents of which are reproduced below for information and compliance:

"With regard to the query of M/o Defence on the issue of bench mark for grant of MACP, it may be stated that DoP&T has issued OM No. 35034/3/2015-Estt.(D) dated 28.09.2016 enhancing benchmark from 'Good' to 'Very Good' for all the posts for grant of financial upgradation under the MACPs as per the recommendations of 7th CPC. The above said OM was given effect from 25.07.2016 i.e. the date of acceptance of 7th CPC recommendations. Therefore, in cases where MACP falls due on or after 25.07.2016, the revised benchmark of Very Good' is to be followed. In other words, the overall grading of the APARs reckonable for grant of MACP should be atleast 'Very Good'.

Instructions prescribing modalities of implementation of 7th CPC recommendations for enhancing the benchmark from 'Good' to 'Very Good' in respect of promotion, is yet to be issued. The matter is under consideration."

sd/-

(Pawan Kumar)

Under Secretary to the Govt. of India

Authority: https://mod.gov.in/

Financial Upgradation and NFG to Pharmacists under MACP

Grant of financial upgradation under ACP/MACP Scheme and Non Functional Grade to Pharmacists

No.Pay/Tech-I/01 (6th CPC) Pharmacist

Dated: 13.04.2018

To

All CFAs / Br. AOs

Subject: Grant of financial up gradation under ACP/MACP Scheme and Non Functional Grade to Pharmacists.

The issue of grant of ACP/MACP to Pharmacists on acceptance of Fast Track Committee Report, the Government of India, vide Min of Fin, Deptt of Expenditure F.No.1/1/2008-IC dated 18.11.2009 was referred to our HQrs office for clarifications on the following points.

(i) Whether the pharmacists (GP Rs.2800/-) who have already been granted higher scale/GP (GP 4200/-) by virtue of ACP or otherwise prior to effective date of OM dated 18.11.2009 are again to be allowed Non Functional Upgradation (GP 4200/-) under the above provisions.

(ii) Further, doubt has been raised regarding mode of fixation of pay while on granting ACP after NFU, as in the case of Pharmacists, the scale/GP granted on account of NFU and the standard/common pay scales applicable for ACP in terms of Annexure-II are same and identical i.e. GP of Rs.4200/- in the PB-2.

In this regard a copy of CGDA No-AT/II/2458-XXIII, dated 01/03/2018 received in this office clarifying the above points is forwarded herewith for information and necessary guidelines.

sd/-

ACA (Fys)

Office of the Controller General of Defence Accounts

Ulan Batar Road, Delhi Cantt 1100010

No.AT/II/2458-XXIII

Dated : 01 Mar,2018

To

The PCA (Fys)

Kolkata

Subject: Grant of financial upgradation under ACP/MACP Scheme and Non Functional Grade to Pharmacists.

Reference: Your office letter No Pay/Tech-I/o1 (6th CPC) Pharmacist dated 12-01-2017, 20-02-2017 and 14-09-2017.

The issue of grant of ACP/MACP to Pharmacists referred to HQrs Office vide your office letter dated 12-01-2017 has been examined in consultation with other PCsDA/CsDA. As regard to the first point of doubt referred by your office, it is viewed that grant of NFU (in the grade pay of Rs 4200/-) to the pharmacists who have already been granted GP of Rs 4200/- by virtue of ACP or otherwise as on 01-01-2006 does not appear to be in tune with or supported by the orders regulating the grant of NFU.

2. Further, regarding second doubt raised by your office it is stated that the clarification given at SI No 2 of DOPT OM No 35034/1/97-Estt (D) (Vol-IV) dated 10-02-2000 clearly stipulates that in cases where pay scale given as selection grade/in-situ promotion is not a part of hierarchy, the pay scale granted by virtue of selection grade/in-situ promotion may be treated to have withdrawn on grant of ACP. In view of the provisions ibid it is viewed that the pay scale/grade pay of Rs 4200/- granted by virtue of NFU in the cases of pharmacists which is not a part of hierarchy may be treated to have withdrawn on grant of ACP.

This has the approval of Addl CGDA (PP&W).

sd/-

(V K Purohit)

CGDA

Authority: http://pcafys.nic.in/

“The applicants having completed 24 years of service, between January and April 2009, they were hoping to be bestowed with the benefit of financial upgradation under the ACP Scheme, which was more advantageous to them, since the fixation is done in the next hierarchy of promotion and not in the next higher Grade Pay, as contemplated under the MACP scheme.”

“According to the applicants, on the day when they completed 24 years of service, MACP scheme was not introduced, and as the same was introduced only by Office Memorandum dated 19.05.2009, their claim would fall within the four corners of the benefits available under the erstwhile ACP scheme, and an accrued right which was otherwise available to the applicants under the erstwhile ACP scheme cannot be curtailed or altered or taken away by retrospective implementation of the MACP scheme, with effect from 01.09.2008.”

“it is ordered to grant the above benefits, the benefits of financial upgradation under MACP Scheme, if extended would have to be withdrawn.”