Latest 7th Pay Commission News

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

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