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

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

The ‘one month’ period mentioned in the order, shall be month from the date of issue of  these instructions

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

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 espect 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

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

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/

Clarifications regarding payment of Breakdown Allowance – RBE 138/2018

“Technician Gr.III though drawing pay in higher pay level under MACPS are entitled for Breakdown Allowance at the rates prescribed for the post held by them”

RBE 138/2018

RBE No.138/2018

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

No.E(P&A)II-2017/BDA-l

New Delhi, dated 14.09.2018

The General Mangers/OSDs/ CAOs,

All Indian Railways & Production Units.

(As per mailing list)

Sub: Clarifications regarding payment of Breakdown Allowance.

Ref:- Board’s letter of even number dated 30.08.2017 (RBE No.1 06/ 2017)

In context of Board’s letter cited above. references hove been received in Board’s office from some Zonal Railways. seeking clarifications regarding entitlement of Breakdown allowance to Technician Gr.III drawing pay in higher level i.e. Pay level 3 under MACPS rather than the pay level available for the post. The issue has also been raised by AIRF in PNM Forum as item No.15/2018 and NFIR in their letter dated 11.04.2018.

2. The matter has been examined in Board’s office and it has been observed that the MACP Scheme provides for grant of financial upgradation to the employees on personal basis and there occurs no change in the designation. classification or status. The concerned employees continue to discharge the duties and responsibilities of the post held by them. In view of this it is clarified that the Breakdown Allowance has lo be paid at the rate(s) as prescribed against the respective post mentioned in para- l of Board’s letter dt. 30.08.2017. Accordingly, Technician Gr.III though drawing pay in higher pay level under MACPS are entitled for Breakdown Allowance at the rates prescribed for the post held by them.

3. The other terms and conditions relating to Breakdown Allowance will remain the some.

4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

5. Please acknowledge receipt.

(N.P.Singh)

Joint Director/ Estt.(P&A).

Railway Board

Source: AIRF

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

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/

MACP to Nursing personnel – Railway Board Order

Grant of Grade Pay Rs.6600/PB-3 to Nursing personnel i.e. staff Nurses/Nursing Sister/Matron/Chief Matron under 3rd MACP

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

S.No.PC-VII/106

New Delhi, dated 14-6-2018

RBE No.87/2018

PC-V/2009/ACP/2

The General Managers

All Inidan Railways & PUs

(As per mailing list)

Sub: Grant of Grade Pay Rs.6600/PB-3 to Nursing personnel i.e. staff Nurses/Nursing Sister/Matron/Chief Matron under 3rd MACP

The staff side (NFIR and AIRF) had demanded for grant of 3rd financial upgradation in the Grade Pay of Rs.6600/PB-3 to Nursing personnel under MACPS on the basis of OM dated 09-09-2016 issued by Ministry of Health and Family Welfare. The matter was examined in consultation with the Deptt. of personnel and Training and it has now been decided as under.

a) Those Staff Nurse/Nursing Sister/Matron/Chief Matron who have been awarded 1st and 2nd financial upgradation under ACP Scheme in the hierarchy pay scale of Rs.5500-9000 and Rs.6500-10500 upto 31-08-2008 may be granted a replacement Grade Pay of Rs.4800/-PB-2 and Rs.5400/PB-3. Therefore, the 3rd financial upgradation under MACP Scheme, if granted to these categories of officials, may be revised to Rs.6600/PB-3 from Rs.5400 in PB-3.

b) Those Staff Nurse/Nursing Sister/Chief Matron who have been granted 1st ACP in the pre-revised pay scale of Rs.5500-9000 upto 31-08-2008 may be placed in the replacement Grade Pay of Rs.4800/PB-2. They will be entitled for grant of 2nd and 3rd financial upgradation under MACP Scheme in the Grade Pay of Rs.5400/PB-2 and Rs.5400/PB-3 only.

c) All the remaining Staff Nurse/Nursing Sister/Matron/Chief Matron who are to be granted 1st, 2nd and 3rd financial upgradation under MACP Scheme may be granted next higher Grade Pay.

2. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

3. Hindi version is enclosed.

sd/-

(subhankar Dutta)

Deputy Director Pay commission-V

Railway Board.

Source: NFIR

Grant of Non-functional Up-gradation to Indian Railway Medical Service officers

GOVERNMENT OF INDIA

MINISTRY OF RAILWAYS

(RAILWAY BOARD)

RBE No. 83/2018

New Delhi, Dated:- 08.06.2018

No. PC-VI/2009/I/4/R-6/1

PC-VI No. 386

The General Managers/CAO(R)

All India Railways & Production Units,

(as per mailing list)

Sub : Grant of Non-functional Up-gradation to Indian Railway Medical Service officers.

Ref : (i) Railway Board’s letter No. PC VI/2009/I/4/R-6/1 dated 27.11.2009 (RBE No.209/2009) & 29.07.2010 (RBE 107/2010)

(ii) Railway Board’s letters No.PC-V/2008/ACP/2 dated 07.01.2009 (RBE No.05/2009)

Attention is invited to Railway Board’s letter No. PC VI/2009/I/4/R-6/1 dated 27.11.2009 (RBE No.209/2009) circulating DOP&T’s OM No. AB. 14017/64/2008-Estt(RR) dated 24.04.2009 & 25.09.2009 for adoption in favour of Railway Officers of Organised Group `A’ Services in PB-3 and PB-4.

2. It was subsequently clarified by DOP&T vide their OM No. AB.14017/39/2009-Estt.(RR) dated 02.04.2012 that the benefit of NFU to Organised Group `A’ Services shall not be applicable to the officers in those Organised Services where FCS and DACP Schemes are already operating and where officers are already separately covered by their own in-situ Progression Schemes. However, Hon’ble Delhi High Court in WP (C) No. 4067/2014 and WP (C) No. 4073/2014 vide orders dated 13.10.2014 quashed the DOP&T’s OM dated 02.04.2012. Since the said judgment of Hon’ble High Court attained finality as Hon’ble Supreme Court dismissed the SLP and Review in the case, DOP&T decided to declare their OM dated 02.04.2012 as non-est, as conveyed vide their OM No.CS-14017/1/2018-Estt.(RR)(Pt.l) dated 25.04.2018.

3. There has been a demand of IRMS officers also for extension of the benefits of NFU Scheme and the issue has been the subject matter of litigation. Hon’ble Central Administrative Medical Tribunal vide their orders dated 28.09.2017 in O.A.No.3290/2017 (Indian Railway Medical Services Association & Anr vs DOP&T & Anr) allowed the relief in terms of the judgment of Hon’ble Delhi High Court in W.P.(C ) No. 4067/2014. The matter was accordingly referred to DOP&T.

4. DOP&T have considered the issue in consultation with Department of Expenditure and conveyed their no-objection to the Ministry of Railways to extend NFU benefits to IRMS doctors. Accordingly, Ministry of Railways have decided to grant the benefit of Non-Functional Upgradation (NFU) Scheme as applicable to Organized Group `A’ services of Railways to IRMS Officers as per the detailed terms and conditions as have been in vogue from time to time after introduction of the scheme. Accordingly, grant of higher scale / benefits under the scheme would be admissible w.e.f. 1.1.2006, where due and admissible, as provided in the original instructions under reference.

(S. Balachandra Iyer)

Executive Director/Pay Commission-II

Railway Board.

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

Application of “Very Good” bench mark for grant of Financial upgradation under MACPS

No. 35014/1/2017-Estt.D

Government of India

Ministry of Personnel P.G & Pensions

Department of Personnel & Training

North Block, New Delhi

Dated: 11.05.2018

To

Shri M. Krishnan,

Secretary General & Member,

Standing Committee National Council JCM,

Confederation of Central Govt. Employees & Workers,

1st Floor, North Avenue PO Building,

New Delhi.

Sub:- Application of “Very Good” bench mark for grant of Financial upgradation under MACPS, regarding.

I am directed to refer to your letter No. Confdn/Genl/2016-19 dated 14.03.2018 on the above mentioned subject and to state that there is no question of allowing second opportunity of representation against the APAR which are post 2009 as these are already disclosed to the employees in APAR process. However, 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.

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

Yours faithfully,

(Kuldeep chaudhary)

Section Officer

Ph. No-23040398

Source: Confederation

Clarification regarding ACP/MACP

Dated: 3/05/2018

sd/-

Asstt Controller of Accounts (FYS.)

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/

MACP to teaching staff of KVs

One of the conditions for grant of Modified Assured Career Progression (MACP) scheme is that the earlier Assured Career Progression (ACP) scheme should have been implemented / adopted by the autonomous / statutory body. Since Kendriya Vidyalaya Sangathan (KVS) had themselves chosen not to opt the earlier ACP scheme for their teaching staff, the question of grant of MACP to teaching staff does not arise.

Senior Scale will be granted to the teaching staff of KVS after completion of 12 years service in the respective cadre and Selection Scale will be granted after completion of 12 years service in the senior scale. However, the number of posts in the selection scale for the teaching staff will be restricted to 20% of the number of posts in the senior scale of the respective cadre.

The Senior Scale and Selection Scale will be given after screening regarding their satisfactory performance by an appropriate Departmental Promotion Committee.

Selection scale will be granted to Primary School Teachers (PRTs) and Trained Graduate Teachers (TGTs) subject to their attainment of higher qualification laid down for TGTs and Post Graduate Teachers (PGTs) respectively. However, this condition has been waived off for the miscellaneous categories of teachers of KVS.

KVS has informed that all the teachers are getting their Senior Scale in time, though some teachers may not eventually get the Selection Scale due to non-fulfilment of the prescribed criteria for the same or their retirements preceding the date of eligibility.

Having regard to the prescribed criteria for grant of selection scale, the details of eligible teachers during the current year, post-wise, is as under:-

KVS has informed that representations had been received from recognized staff associations for waiving off the condition of 20% for grant of Selection Scale to teachers and these representations have been considered and disposed off from time to time. No fresh proposal is under examination in this regard.

This information was given by the Minister of State for Human Resource Development Shri Upendra Kushwaha in a written reply to a question in Lok Sabha on 15.3.2018.

Clarification regarding benchmark for MACP after 25.07.2016

Clarification regarding benchmark for placement under MACP in respect of the official who are due for placement in MACP after 25.07.2016

No.20-45/2016-SPB-II

Government of India

Ministry of Communications

Department of Posts

(Personnel Division)

Dak Bhawan, Sansad Marg, New Delhi – 110 001

Dated the 22nd January, 2018

To,

The Chief Postmaster General,

Maharashtra Circle,

Mumbai

Subject: Clarification regarding benchmark for placement under MACP in respect of the official who are due for placement in MACP after 25.07.2016.

Sir,

I am directed to refer to Maharashtra Circle’s letter no. STA/MACPs/Bench Mark/2017 dated & 12.2.2017 on the subject cited above and to say that ‘Promotion’ and ‘Modificed Assured Career Progression Scheme (MACP)’ are two different matters. The first involves higher duties & responsibilities while latter don’t.

2.For MACP, DOP&T has issued instruction vide OM No. 35034/3/2015-Estt(D) dated 28.09.2016, accordingly to which the prescribed benchmark would be ‘Very Good’ for all posts and it will come into effect from 25.07.2016. The communication DOP&T has already been circulated by Estt. Division of the Directorate vide letter no. 7-8/2016-PCC dated 5.10.2016 (Copy enclosed)

3.For promotion, Personnel Division vide letter no. 20-24/2016-SPB-II dated 13.02.2017 has clarified to follow instructions contained DOPT’s OM No. 35034/7/97-Estt(D) dated 8.02.2002 until further clarification is issued by DOPT or Department of Posts.

Yours faithfully,

sd/-

(Satya Narayana Dash)

Source: http://fnpohq.blogspot.in/

Demands of Technical Supervisors is under consideration said Member Staff – IRTSA

Upgarding Pay level of Technical Supervisors & change in eligibility criteria for MACPS is under consideration said Member Staff – Meeting with Member Staff on 24th January, 2018

MEETING WITH MEMBER STAFF

Upgarding Pay level of Technical Supervisors & change in eligibility criteria for MACPS is under consideration said Member Staff.

January 24, 2018: IRTSA office bearers met Shri. D.K. Gayen, Member (Staff) Railway Board at Chennai during his visit to ICF. E.Ramesh Sr.Org Secy felicitated MS on behalf of IRTSA and K.Gobinath Zonal Secretary ICF handed over memorandum on main demands of IRTSA. K.V.Ramesh Sr.JGS IRTSA explained the demands of Technical Supervisors on Pay level & MACPS.

K.V.Ramesh explained that change of eligibility criteria for financial upgradation under MACPS from ‘Good’ to ‘very Good’ has hampered the chances of financial upgardation of senior supervisors and demanded for immediate withdrawal of eligibility criteria ‘very good’.

Inclusion of training period for the purpose of MACPS is also need to be addressed by Railway Board, it was explained to Member Staff that DoPT is the nodal agency for implementation of MACPS rules for all central Government departments including Railways. Ministry of Communication & IT is accounting the period of pre-appointment training for the purpose of MACPS and same is needed to be extended in Railways.

He further briefed on the demand of implementation date of MACPS w.e.f. 1.1.2006. As per Gazette notification & Resolution issued by Finance Ministry, 6th CPC recommendations on pay were implemented w.e.f. 1.1.2006 & allowances w.e.f. 1.9.2008. In its recent judgment, Hon’ble Supreme Court held that financial upgardation under MACPS should be implemented from 1.1.2006, since recommendations of 6th CPC on MACPS is related to Pay, and it cannot be treated as allowance to be implemented from 1.9.2008. MS was urged to take favouable decision on this issue also.

While explaining the demand of Higher Pay level for Technical Supervisors, K.V.Ramesh demanded for implementation of decisions already made by Railway Board in this regard. He briefed that in 2010, Railway Board have send a proposal to Finance Ministry for upgrading the GP of JE from Rs.4200 to Rs.4600 & SSE from Rs.4600 to Rs.4800. Railway Board also send another proposal to Empowered Committee of Secretaries formed after 7th CPC to upgrade 50% of cadre strength of Technical Supervisors to GP Rs.4800. MS was urged for persuasion of Railway Board’s proposal further with Ministry of Finance to get atleast minimum justice for this vital category.

In his reply Member Staff said that, he agrees on the demand of change in eligibility criteria for MACPS and said that this issue is being persuaded by Board with DoPT. On the demand of higher Pay Level for Technical Supervisors, MS said that it under the consideration of Ministry of Railways.

Source: IRTSA

Grant of MACP to the SOMs/Sr. PWSs of the Civil Engineering Department – AIRF

No.AIRF/MACPS

Dated: January 16, 2018

The EDPC-I,

Railway Board,

Metro Station Building,

Pragati Maidan,

New Delhi

Dear Sir,

Sub: Grant of MACP to the SOMs/Sr. PWSs of the Civil Engineering Department

Ref.: 

(i)AIRF’s PNM Item No.06/2012

(ii)Railway Board’s letter No.PC-III/2003/CRC/6 dated 09.10.2003(RBE No.177/2003)

(iii)Railway Board’s letter No.PC-III/2004/CRC/1(Pt.1)dt.22.03.07(RBE No.45/2007)

(iv)Railway Board’s letter No.PC-III/2004/CRC/1(Pt.1) dated 17.04.2007 addressed to AIRF

(v) Railway Board’s letter No.PC-V/2009/ACP/2 dated 10.06.2009(RBE No.101/2009)

(vi)Railway Board’s letter No.PC-III/2012/FE-II/2 dated 03.07.2013(RBE No.64/2013)

On demand of AIRF, on the basis of functional, operational and administrative requirements, restructuring of the Group `C’ & `D’ Cadres w.e.f. 01.09.2003 was notified by the Railway Board, covering detailed instructions vide its orders dated 09.10.2003. These instructions also covered multi-skilling of various grades/cadres of various departments of the Railways, viz. Transportation, Personnel, S&T, Stores, Ministries of all the Engineering Departments. Under Para 13(a) of the aforesaid letter of the Railway Board, all the posts of the Supervisors(erstwhile Ministries) in Grade Rs.4500/7000+Rs.100 as Special Allowance (excluding P. Way Supervisors) should en-block be upgraded to the post of Jr. Engineer Grade II in the pay scale Rs.5000-8000 and merged with the respective cadres of Technical Supervisors with its spread effects in the higher grades, i.e. Rs.5500-9000, 6500-10500 and 7450-11500 as per revised percentage, distribution of posts prescribed for Supervisors in these orders.

In case of Supervisors, the posts being held by the erstwhile PWMs was allowed this benefit up to a maximum of 17.26% of the sanctioned cadre of PWMs and was to be upgraded and merged with the posts of Jr. Engineer Grade-II(P. Way) in pay scale Rs.5000-8000 with its spread effects as extended to the other Mistries described in the foregoing para. These instructions of the Railway Board were implemented by all the Zonal Railways for the purpose of grant of restructuring benefits applicable w.e.f. 01.09.2003. Further, Railway Board vide its later orders dated 22.03.2007 abolished the category of PWMs by merging such Track Supervisors (erstwhile PWMs) working in scale Rs.4500-7000+Rs.100 as Special Allowance applicable to all those appointed prior to 01.11.2003 and introduced the category of Sr. PWS in scale Rs.5000-8000 with the terms and conditions mentioned in the Board’s letter referred under caption (iii) above. Accordingly, all Mistries of all departments, including SOMs and PWSs of the Civil Engineering Department, appointed prior to 01.11.2003, stood upgraded and merged with the Technical Supervisors, namely JE-II in pay scale Rs.5000-8000 with its spread effects in the higher grades. Ironically, no complaint was received, wherein aforementioned Cadre Restructuring orders with regard to the Ministries of all the department was allowed treating them merged with JE(II) GP Rs. 5000-8000 (RSRP). However, one case of the Ministries of S&T Department was referred by Northern Railway to the Railway Board for filing SLP against the orders passed by the Hon’ble CAT/NDLS and upheld by Hon’ble High Court of Delhi in WP(C) No.4601/2015 – Titled UoI & Ors. Versus Satyendra Kumar case of restructuring orders. Railway Board’s SLP in question, which was dismissed by the Hon’ble Supreme Court of India vide its orders dated 01.07.2016.

Now, it is a matter of great concern that various Zonal Railways, having allowed the benefits of MACP in compliance of Para 5 of Board’s orders dated 09.10.2003, are being challenged by the Associated Finance of the respective Zones/Divisions in cases of grant of MACP benefits to such Ministries, treating their grade of Rs.4500-7000 + Rs.100 as Special Allowance, upgraded to Rs.5000-8000 as merged grade for the purpose of MACP benefits. It has invited litigation in various Divisions and Zones on Indian Railways and Railway Administrations are allowing the benefit of MACP, so extended in compliance of Para 5 of Board’s letter dated 09.10.2003 to avoid contemptuous action, but those who are unable to pay huge legal expenses are suffering and lakhs of rupees are being recovered at the time of retirement of such SOMs/PWSs of the Civil Engineering Department. Railway Board vide their letter No.PC-III/2004/CRC/1(Pt.1) dated 17.04.2007, referred to above, had also clarified that Track Supervisors(erstwhile P. Way Ministries) in scale Rs.4500-7000 + (Rs.100 as Special Allowance), appointed prior and after 01.11.2003, are eligible for placement in the scale Rs.5000-8000, subject to the conditions mentioned in the Board’s letter dated 22.03.2007. Thus, there was no scope left for treating such Track Supervisors, merged/upgraded with JE-II pay scale Rs.5000-8000, after required financial implications were met out by the respective Divisions/Zones.

Moreover, it shall also be pertinent to mention that, there cannot be discriminatory view of the Railway Administration with regard to benefit of upgradation and merger of Ministries of various departments, including SOMs and PWSs, appointed before 01.11.2003, merged and upgraded with the JE-II pay scale Rs.5000-8000 well before issue of MACP orders dated 10.06.2009.

In view of the discussions in the foregoing paragraphs, it is demanded that a clarification immediately be issued to all the Zonal Railways that instructions contained under Para 5 of the Railway Board’s order issued under RBE No.101/2009 dated 10.06.2009, be implemented for SOMs and PWMs/Sr. PWSs to avoid hardships being faced to the affected Railwaymen and also to save time and money being spent in various courts on this ground.

Yours faithfully,

sd/-

(Shiv Gopal Mishra)

General Secretary

Source: AIRF

IMPORTANT - DELHI HIGH COURT JUDGEMENT ON MACP

Click here to view - Judgement