Office of the Pr. Chief Commissioner of Income Tax
Andhra Pradesh & Telangana, Hyderabad,
10th Floor, Income Tax Towers, A C Guards, Hyderabad – 500 004.

F. No. Pr.CCIT/ Estt/ Miscellaneous/ 2023

Date: 04.08.2023

To
All the DDOs
of the Income tax Department,
Andhra Pradesh & Telangana State

Sir,

Sub: Information on withdrawal of grant of MACP and subsequent recovery, if any, in respect of the officials who were granted MACP ignoring the promotion to OS/Steno Grade-I after 01.01.2006 and any requests from such officials, if any, for waiver of such recovery – Calling for – Regarding.

Ref: (1) CBDT’s letter in F.No. A-26017/10/2021-Ad.IX, Dt. 11th July, 2023
(2) CBDT’s letter in F.No. A-26017/10/2015-Ad.IX, Dt. 2nd February, 2021

Please refer to the above.

With reference to the matter relating to the treatment of promotion to the grade of OS/Steno Grade I, for the purpose of determining MACP entitlement, the CBDT, vide it’s letter cited under reference No. 2 above, communicated the clarifications as issued by the DOP&T as under:

“….. the promotion earned by employee, even though in the same Grade Pay as both the feeder grade and promotional grade are in the same Grade Pay, entails the benefit of pay fixation under Rule 13 of CCS(RP) Rules, 2008. Thus, it cannot be said that the employee has stagnated in a particular grade for 10 years or more in order to be eligible for financial upgradation under MACP Scheme. Therefore the promotion earned to the higher grade with the same Grade Pay shall count as an offset for determining, his eligibility of ‘financial upgradation under MACP scheme. Accordingly, the next financial upgradation under MACPS would become due only if the employee stagnates in that promotional grade for I0 or more years or has also rendered overall regular service of 20/30 years, subject to fulfilment of other eligibility conditions prescribed under MACPS for further financial upgradation.”

It was directed to implement the same in treatment of promotion to the grade of OS/Steno Grade I for the purpose of determining MACP entitlements.

Subsequently, the CBDT, vide letter cited under reference (1) above(copy enclosed), has requested for the information with respect to any recovery made in connection with the implementation of the above said clarification and if so, whether any requests seeking waiver of such recovery have been received from the affected individuals, for taking up the matter with D/o Expenditure through IFU, D/o Revenue.

In the above connection, I am directed to request the list of the officials who were granted financial upgradation under MACP, ignoring the promotion to the Grade of OS/ Steno Grade after 01.01.2006 and also the list of the cases wherein such grant of MACP, if any, has been withdrawn, subsequent to the Board’s letter in F.No. A-26017/10/ 2015-Ad.IX dated the 2nd February, 2021(copy enclosed). Further, whether any recovery in this connection was made by your office and if so, any requests seeking waiver of such recovery have been received in your office, may also be furnished.

The above information may be furnished by return mail.

Yours faithfully,

(THAMBA MAHENDRA)
Dy. Commissioner of Income Tax (HQrs)(Admn)
O/O Pr. CCIT, AP & TS, Hyderabad

F.No. A-26017/10/2021-Ad.IX
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes

Room No. 10, 5th Floor, Sansad Marg,
Jeewan Vihar Building, New Delhi-110001.
Dated: the 11th July, 2023.

To

All Pr.CCITs except WB & Sikkim.

Subject: Treatment of promotion to the grade of OS/Steno Grade-l for the purpose of determining MACP entitlements.

Sir/Madam,
I am directed to refer to the Board’s letter of No. A-26017/10/2015-Ad.1X dated the 2nd February, 2021 wherein the clarifications of DoP&T regarding “treatment of promotion to the grade of OS/Steno Grade-l for the purpose of determining MACP entitlements” were circulated (copy enclosed).

2. The Board received a proposal from the Office of the Pr. CCIT, WB & Sikkim regarding waiver of recovery of 10 officials who were affected by the above cited clarification of DoP&T dated 02/02/2021. Before the same is taken up with D/o Expenditure, IFU, DOR have desired that a consolidated proposal in this connection in respect of all other Charges may be submitted.

3. The Board has no information whether your good office has made any recovery on the matter and also whether any requests were received from the affected employees seeking waiver of recovery of excess payment on account of withdrawal of financial benefits granted wrongly under MACP Scheme consequent upon above clarification of DoP&T.

4. In view of above, you are requested to kindly indicate as to whether any recovery in this connection was made by your office and if so, whether any request(s) seeking waiver of such recovery have been received from the affected Official(s). In case of any such request(s) have been received in your Charge, the request(s) may be examined in terms of DoP&T OM dated 02/03/2016 as well as D/o Expenditure OM dated 01/06/2023 and a proposal in self-contained manner may be referred to the Board for taking up the matter with D/o Expenditure through IFU, D/o Revenue.

5. The above information must be furnished within 15 days. In case there is no such case(s) of waiver in your Charge, a ‘Nil’ report in this regard may be furnished.

Yours faithfully,

Encl: As above.

(Biswajit Guha)
Under Secretary to the Govt. of India

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भारत सरकार/ GOVERNMENT OF INDIA
रेल मंत्रालय/ MINISTRY OF RAILWAYS
(रेलवे बोर्ड/ RAILWAY BOARD)

RBE No.96/2023

No. E(P&A) I-2021/HL-1

New Delhi, dated 31.07.2023

The General Managers and PFAs,
All Indian Railways
and Production Units etc.

Sub: Clarification regarding grant of National Holiday Allowance (NHA) to those non-gazetted employees who are getting higher pay level under MACPS.

Ref: Board’s letter No. E(P&A)I-2021/ HL-1 dated 04.02.2022 (RBE No. 14/2022).

Attention is invited to Railway Board’s instructions referred above clarifying that NHA would be admissible to those eligible non-gazetted employees who are getting higher pay level beyond level-8 under MACPS, at the rates prescribed for the substantive post held by them.

2. The issue regarding date of effect of Board’s letter dated 04.02.2022 has been examined in Board’s Office. It is stated that Board’s instructions dated 04.02.2022 would be effective from 04.02.2022 onwards.

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

4. This disposes of South Central Railway’s letter No. P[R]/55/ NHA/III dated 02.08.2022.

5. Please acknowledge receipt.

(Meenakshi Vinod)
Dy. Director/E(P&A)I,
Railway Board

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1/3067691/2023

GOVERNMENT OF INDIA/ भारत सरकार
MINISTRY OF RAILWAYS/ रेल मंत्रालय
(Railway Board) रेलवे बोर्ड

No. PC-V/202 1/MACP/ 25/ECOR(E)

New Delhi, dt. -5-2023

Sub: Clarification reg. grant of financial upgradation under MACPS to Guards.

Ref: 1. ECoR’s letter No.ECoR-HQ/ PERS(R)/16/202| (39/2021) dated 14-11-2011.
2. CR’s letter No. P/CR/HQ/ ET/510/06-14 dated 31-01-2022.
3. WR’s letter No. ET/839/4/ MACP/Train Manager/ ADI, dated 24-1-2022 & 18-01-2023.

The matter referred vide letter under reference has been examined in Board’s Office in consultation with FE dte. It hag been observed that Central Railway’s letter dated 30-01-2019 is against the extant policy instructions on MACPS. Moreover, the case of guards Category is covered vide Para 8 of annexure to Board’s letter dated 10.06.2009 (RBE No. 101/2009) & clarification dated 13-12-2012(RBE No. 142/2012) wherein case of employee where promotion post is in same Grade Pay to that of feeder post, financial upgradation under ACP/MACP scheme CANNOT be to higher Grade Pay than what can be allowed to an employee on his regular promotion. Subsequently, while adjudicating CA No. 3328-3329/2018 (UOI & Ors. Vs Birendra Kujur & Ors.) involving the issue of grant of GP 4600 / 4800 under MACPS to the category of Guards, the Hon’ble Supreme Court vide its order dated 27.03.2018 has upheld Board’s letter dated 13.12.2012 and rejected employees’ claim for grant of GP 4600 & GP 4800 under MACPS. In light of above, the category of Guard are not eligible for 3rd financial ungradation beyond GP 4200 under MACPS.

2. The necessary action in view of above may please be taken.

Signed by Sudha A Kujur
Date: 16-05-2023
( Sudha A. Kujur)
Deputy Director, Pay Commission

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SOUTH CENTRAL RAILWAY

Headquarters Office
Personnel Department.
Secunderabad.

No. P[R] 55/NHA/Vol III

Date.10.03.2023.

The General Secretary,
SCRE Sangh,
Secunderabad.

Sir,

Sub: Payment of National Holiday Allowance (NHA) to the Group ‘C’ non- gazetted Railway employees who are getting higher pay level beyond Level-8 under MACPS – reg.

Ref: GS/SCRE Sangh’s letter No. SCRES/ GM/Personnel & Genl/Vol Dated 16.02 2022

With reference to GS/SCRE Sangh’s letters cited above, it 1s advised that the matter has been referred to Railway Board for clarification whether to grant NHA to the eligible staff (who are in higher pay level beyond Level-8 under MACPS) w.e.f 01.07.2017 or from the date of issue of Board’s letter dt 04 02.2022 through which the staff working in higher pay level beyond Level-8 under MACPS are made eligible for NHA, for taking further necessary action.

In turn, Railway Board vide their letter No. E(P&A)I-2021/ HL-1-Part(1) dt 27.02.2023 have advised that, the issue is under examination in Board’s office in consultation with Finance Directorate of Railway Board. As and when a decision is taken, necessary instructions would be issued accordingly (copy enclosed)

This is for kind information please.

Encl As above.

Yours faithfully,

(G. Srinivasa Naik)
SPO/Bills
for Principal Chief Personnel Officer

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PARLIAMENT OF INDIA
RAJYA SABHA
DEPARTMENT RELATED PARLIAMENTARY STANDING COMMITTEE ON
PERSONNEL, PUBLIC GRIEVANCES, LAW AND JUSTICE
Rajya Sabha Secretariat, New Delhi
December, 2022 / Agrahayana, 1944 (Saka)

ONE HUNDRED TWENTIETH REPORT
ON
ACTION TAKEN ON ONE HUNDRED TENTH REPORT OF THE COMMITTEE ON
“PENSIONER’S GRIEVANCES – IMPACT OF PENSION ADALATS AND CENTRALIZED
PENSION GRIEVANCES REDRESS AND MONITORING SYSTEM (CPENGRAMS)”
PERTAINING TO
THE DEPARTMENT OF PENSION & PENSIONERS’ WELFARE
(MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS)

(Presented to the Rajya Sabha on 8th December, 2022)
(Laid on the Table of the Lok Sabha on 8th December, 2022)

Implement MACP w.e.f. 1st January, 2006 and grant increment on 1st July who retired on 30th June

RECOMMENDATIONS/OBSERVATIONS WHICH THE COMMITTEE DOES NOT DESIRE TO PURSUE IN VIEW OF THE REPLIES GIVEN BY THE MINISTRY

GRIEVANCES PERTAINING TO PENSION POLICY, PENSION STRUCTURE AND OTHER RETIREMENT BENEFITS

Recommendation/ Observation

2.35 The Committee feels that DoPPW should pursue the matter of implementation of MACP w.e.f 1st January, 2006 with DoPT as it will give relief to pensioners retiring in the intervening period i.e. from January, 2006 to August, 2008 as all other benefits were given to them from January 2006 as per 6th CPC recommendations. The Committee also recommends DOPPW to consider the case of Pensioners’ who retired on 30th June and were denied the increment on the plea that next date of retirement is 1st July. (3.35)

Action Taken

2.36 As advised by DRPSC, the DoPPW pursued the matter with DOPT vide OM dated 19.01.2022 who, in turn, have informed that the issue of effective date of implementation of MACPS has been addressed by Hon’ble Supreme Court of India in its Order dated 28.04.2021 in Civil Appeal No. 1579/2021 [arising out of SLP (C) No. 15572/2019] of Union of India V/s R. K. Sharma & Others wherein the Apex Court has upheld that date of implementation of the MACP Scheme is from 01.09.2008. In its order, the Hon’ble Court has also overturned the earlier decision in Balbir Singh Turn case and held that benefits under the MACPS cannot be claimed from 1.1.2006. Instructions have been issued to Ministries/Departments vide DoP&T OM No. 35034/3/2015-Estt. (D) dated 13.07.2021 to defend all matters and dispose of representations based on Order dated 28.04.2021 of Apex Court.

2.37 It is mentioned that the subject-matter of increment and retirement age/date are administered by DOPT. Therefore, the reference in this regard was made to DOPT who have examined the matter and declined the request with the following grounds:

• (i) In terms of the provisions of Rule 40 of CCS (Leave) Rules, 1972, the Government servants who are on Earned Leave/Commuted Leave/Half Pay Leave/Leave Not Due etc. on the due date of their increment, are not granted the benefit of annual increment till they join duty on expiry of such leave. Accordingly, in the present case since the employees have retired from Government service on 30th June and therefore not on duty as on 1st July, the annual increment cannot be released on 1st July to these employees.
• (ii) Further, as per the provisions of FR 9 (21), 9 (6), 17 (1), 22, 26 (a), 56 (a) and Rule 14 of Pension Rules, as person is entitled for pay, increment and other allowances only when he is entitled to receive pay out of Consolidated Fund of India and continues to be in Government Service. Accordingly, a person who retires on the last working day would not be entitled for any increment falling due on the next day and also payable on the next day thereafter as he shall cease to be in Government Service. Granting him the increment earlier than the date on which it falls due and becomes payable, shall imply that he has been granted increment in the same month in which he has retired, i.e. one month earlier. Thus, the official will not complete the necessary qualifying service required for earning an increment, which shall be in contravention of the extant provisions.
• (iii) Further, Hon’ble High Court of Andhra Pradesh, Hyderabad in its judgement in the case of C. Subbarao in the year 2005 (WP No. 22042 of 2003) had also observed that “as per Rule 14 of the Pension Rules, a person who retires on the last working day would not be entitled for any increment falling due on the next day and payable next day thereafter, because he would not answer the tests in these Rules.”

Further observation

2.38 The Committee takes note of the reply.

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No.DOPT- 1669022409144
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
ESTT.(Estt. D)

(Dated 21 November, 2022 )

OFFICE MEMORANDUM

ACP / MACP

(i) This document is a compilation of all relevant instructions on the subject of “Modified Assured Career Progression Scheme” and therefore is intended to serve as the guide without the need, for anyone to refer to old OMs issued from time to time. The list of such OMs is given in Appendix to this document. In case any reference to the relevant OM is required, the same may be accessed from Archive Section of DoPT’s Website. The OMs pertaining to ACP Scheme are also available in the Archive Section.

(ii) While due care has been taken to compile this document, however, if any omissions or correction are noticed, the same may be brought to the notice of the Department of Personnel & Training.

INTRODUCTION OF MACP SCHEME

1. The Sixth Central Pay Commission recommended that Modified Assured Career Progression Scheme (MACPS) to be administered at 10, 20 and 30 years and the Seventh Central Pay Commission recommended that the MACP will continue as before. In the new Pay matrix, the employees will move to the immediate next Level in the hierarchy. As per the recommendations, the Scheme will be available to all posts, including Group “A” posts, whether isolated or not. However, Organized Group “A” Services will not be covered under the Scheme. In other words, MACPS will continue to be applicable to all employees up to HAG level, except members of Organized Group `A’ Services.

2. The Government has considered the recommendations of the Seventh Central Pay Commission for continuation of MACPS and has accepted the same. The MACPS will continue to be administered at 10, 20 and 30 years as before. Under the Scheme, the employee will move to immediate next Pay Level in the new Pay Matrix.

3. The MACPS shall be effective from 01.09.2008. This was upheld by the Hon’ble Supreme Court in its judgement dated 28.04.2021.

OM No: No. 35034/3/2008-Estt. (D) Dated: 19/5/2009

APPLICABILITY

4. The Scheme shall be applicable to all regularly appointed Group “A”(except officers of the Organized Group “A” Services), “B”, and “C” Central Government Civilian Employees. Casual employees, including those granted ‘temporary status’ and employees appointed in the Government on ad-hoc or contract basis shall not qualify for benefits under the aforesaid Scheme.

SCREENING COMMITTEE

5. A Screening Committee shall be constituted in each Department to consider the case for grant of financial upgradations under the MACPS. The Screening Committee shall consist of a Chairperson and two Members. The Members of the Committee shall comprise officers holding posts which are at least one level above the level in which the MACP is to be considered and not below the rank of Under Secretary or equivalent in the Government. The Chairperson should generally be a level above the Members of the Committee.

6. In cases where the Appointing Authority is the President and the Screening Committee is constituted in the Secretariat of the Ministry/Department, then the power to approve the recommendations of the Screening Committee is delegated to the Secretary of such Ministry or Department. In cases where the Appointing Authority is the President and the Screening Committee is constituted in an organization (for e.g., field office, attached/subordinate office, etc), then the power to approve the recommendations of the Screening Committee is delegated to the Head of such organization. In all other cases, the power to approve the recommendations of the Screening Committee shall be with the Appointing Authority.

7. In order to prevent undue strain on the administrative machinery, the Screening Committee shall follow a time-schedule and meet twice in a financial year. Accordingly, cases maturing during the first-half of a particular financial year (April-September) shall be taken up for consideration by the Screening Committee meeting in the first week of January. Similarly, the Screening Committee meeting in the first week of July shall process the cases that would be maturing during the second-half of the financial year (October-March).

GENERAL PRINCIPLES

8.1. There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years services, respectively, or 10 years of continuous service in the same Level in Pay Matrix, whichever is earlier.

8.2. The MACPS envisages merely placement in the immediate next higher level in the hierarchy of the Pay Matrix as given in PART A of Schedule of the CCS (Revised Pay) Rules, 2016. Thus, the level at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive Pay Levels, be lower than what is available at the time of regular promotion. In such cases, the higher level attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.

9. The financial upgradations under the MACPS would be admissible up-to Level 15 in the Pay Matrix, corresponding to the Higher Administrative Grade (HAG).

OM No: No. 35034/3/2008-Estt.(D) Dated: 24/12/2010

10. (i) Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme [as prescribed in Para 13 of CCS (Revised Pay Rules), 2016].

(ii) There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same Pay Level as granted under MACPS.

(iii) However, at the time of actual promotion if it happens to be in a post carrying higher Pay Level than what is available under MACPS, then he shall be placed in the level to which he is promoted at a Cell in the promoted level equal to the figure being drawn by him on account of MACP. If no such Cell is available in the level to which promoted, he shall be placed at the next higher Cell in that level. The employee may have an option to get this fixation done either on the date of promotion or w.e.f. the date of next increment as per the option to be exercised by him.

OM No: No. 35034/3/2008-Estt(D) (Vol.II) Dated: 4/7/2017

11. On grant of financial upgradation under the Scheme, there shall be no change in the designation, classification or higher status. However, financial and certain other benefits which are linked to the pay drawn by an employee such as HBA, allotment of Government accommodation shall be permitted.

12. Promotions earned in the post carrying same Pay Level in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.

13. Pay drawn in the level of Pay Matrix under the MACPS shall be taken as the basis for determining the terminal benefits in respect of the retiring employee.

MERGER OF PAY SCALES/UPGRADATIONS OF POSTS

14. Promotions earned/upgradation granted under the MACPS in the past to those grades which are in the same Level in the Pay Matrix due to merger of pay scales/upgradations of posts recommended by the Seventh Pay Commission shall be ignored for the purpose of granting upgradations under MACPS. The benefit of merger will accrue w.e.f. the date of notification of the Recruitment Rules for the relevant post.

OM No: No.35034/3/2008-Estt(D) Dated: 16/11/2009

PAY FIXATION

15. Fixation of pay on grant of financial upgradation under MACPS on or after 01.01.2016 shall be made as per Rule 13 of CCS (RP) Rules, 2016 issued vide Department of Expenditure notification dated 25th July, 2016 and in terms of provisions contained in DoP&T OM No. 13/02/2017-Estt.(Pay-I) dated 27.07.2017.

15.1 In cases where financial upgradation had been granted to Government Servants in the next higher Grade Pay in the hierarchy of Grade Pays as per the provisions of the MACPS of 19th May, 2009, but whereas as a result of the implementation of Seventh CPC’s recommendations, substantive post held by him in the hierarchy of the cadre has been upgraded by granting a higher Pay Level, in such cases the MACP already granted to him prior to 7th CPC shall be refixed in the revised pay structure at the next higher level of Pay Matrix. To illustrate, in the case of Postal Inspector (GP 4200/-) in Department of Posts, who was granted 1st MACP in the Grade Pay of Rs. 4600/- in PB-2, he will now be granted (Grade Pay of Rs 4800 in the Pay Band PB-2) Level 8 of the Pay Matrix consequent upon upgradation of the post of Postal Inspector from GP of Rs. 4200 to GP of Rs. 4600/Level 7 in the Pay Matrix. However, all the financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of Levels in the Pay Matrix as notified vide CCS (Revised Pay) Rules, 2016.

16. With regard to fixation of his pay on grant of promotion/financial upgradation under MACP Scheme, a Government servant has an option under FR22 (I) (a) (1) to get his pay fixed in the higher post/ Pay Level either from the date of his promotion/upgradation or from the date of his next increment viz. 1st July or 1st January, subject to provisions in the Scheme.

REGULAR SERVICE

17. ‘Regular Service’ for the purpose of the MACPS shall commence from the date of joining of a post in direct entry grade on a regular basis either on direct recruitment basis or on absorption/re-employment basis. Service rendered on casual, adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning. However, past continuous regular service in same/another Central Government Department in a post carrying same Pay Level in the Pay Matrix prior to regular appointment in a new Department, without a break, shall also be counted towards qualifying regular service for the purpose of MACPS only (and not for the regular promotions). However, benefits under the MACPS in such cases shall not be considered till satisfactory completion of the probation period in the new post.

18. Past service rendered by a Central Government employee in a State Government/Statutory Body/Autonomous body/Public Sector organization, before appointment in the Central Government shall not be counted towards Regular Service.

19. ‘Regular service’ shall include all periods spent on deputation/foreign service, study leave and all other kinds of leave, duly sanctioned by the competent authority.

20. In case of transfer ‘including unilateral transfer on request’, regular service rendered in previous organization/office shall be counted alongwith the regular service in the new organization/office for the purpose of getting financial upgradations under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher Pay Level in the Pay Matrix as given in CCS (Revised Pay) Rules, 2016. Wherever an official, in accordance with terms and conditions of transfer on own volition to a lower post, is reverted to the lower Post/Grade from the promoted Post/Pay Level before being relieved for the new organization/office, such past promotion in the previous organization/ office will be ignored for the purpose of MACPS in the new organization/office.

OM No: No. 35034/3/2008 -Estt.(D)(Vol.II) Dated: 4/10/2012

21. In case an employee is declared surplus in his/her organization and appointed in the same pay-scale or lower scale of pay in the new organization, the regular service rendered by him/her in the previous organization shall be counted towards the regular service in his/her new organization for the purpose of giving financial upgradation under the MACPS.

APPLICABLE TO WORK CHARGED EMPLOYEES

22. The MACPS shall also be applicable to work charged employees, if their service conditions are comparable with the staff’ of regular establishment.

NO PROMOTION SCHEME TO RUN CONCURRENTLY WITH THE MACP

23. Existing time-bound promotion scheme, including in-situ promotion scheme, or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees, if it is decided by the concerned administrative authorities to retain such Schemes after necessary consultations or they may switch-over to the MACPS. However, these Schemes shall not run concurrently with the MACPS.

APPLICABLE TO CENTRAL GOVT. CIVILIAN EMPLOYEES

24. The MACPS is directly applicable only to Central Government Civilian employees. The Scheme may be extended to employees of Central Autonomous/Statutory Bodies under the administrative control of a Ministry/Department subject to fulfillment of conditions prescribed in DOPT’s OM No. 35034/3/2010-Estt.(D) dated 03.08.2010.

OM No: No.35034/3/2010 -Estt(D) Dated: 3/8/2010

DEFERMENT OF MACPS

25. If a financial upgradation under the MACPS is deferred and not allowed after 10 years in a level, due to the reason of the employees being unfit or due to departmental proceedings, etc., this would have consequential effect on the subsequent financial upgradation which would also get deferred to the extent of delay in grant of first financial upgradation.

26. In the matter of disciplinary/ penalty proceedings, grant of benefit under the MACPS shall be subject to rules governing normal promotion. Such cases shall, therefore, be regulated under the provisions of the CCS (CCA) Rules, 1965 and instructions issued there under.

BENCHMARK GRADING IN APARs

27 (i). For grant of financial upgradation under the MACP Scheme, the prescribed Benchmark shall be ‘Very Good’, for all levels. This shall be effective for upgradations under MACPS falling due on or after 25.07.2016 and the revised benchmark shall be applicable for the APARs for the year 2016-17 and subsequent years.

27(ii). While assessing the suitability of an employee for grant of MACP, the Departmental Screening Committee (DSC) shall assess the APARs in the reckoning period. The benchmark for the APARs for the years 2016-17 and thereafter shall be ‘Very Good’. The benchmark for the years 2015-16 and earlier years shall continue be as per the MACP guidelines issued vide DoPT O.M. dated 19.05.2009:

“The financial upgradation would be non-functional basis subject to fitness in the hierarchy of grade pay within the PB-I. Thereafter for upgradation under the MACPS the benchmark of ‘good’ would be applicable till the grade pay of Rs. 6600/- in PB-3. The benchmark will be ‘Very Good’ for financial upgradation to the grade pay of Rs. 7600 and above.”

For example, if a particular MACP falls due on or after 25.07.2016, the following benchmarks for APARs are applicable:

OM No: 35034/3/2015-Estt.(D) Dated: 28/9/2016

NON-APPLICABILITY OF RESERVATION

28. The MACPS contemplates merely placement on personal basis in the immediate higher Pay Level/grant of financial benefits only and shall not amount to actual/functional promotion of the employees concerned. Therefore, no reservation orders/roster shall apply to the MACPS, which shall extend its benefits uniformly to all eligible SC/ST employees also. However, the rules of reservation in promotion shall be ensured at the time of regular promotion. For this reason, it shall not be mandatory to associate members of SC/ST in the Screening Committee meant to consider cases for grant of financial upgradation under the Scheme.

NO EFFECT ON SENIORITY

29. Financial upgradation under the MACPS shall be purely personal to the employee and shall have no relevance to his seniority position. As such, there shall be no additional financial upgradation for the senior employees on the ground that the junior employee in the grade has got higher pay/ Level under the MACPS. However, in cases where a senior Government servant granted MACP to a higher Grade Pay before the 1st day of January, 2016 draws less pay in the revised pay structure than his junior who is granted MACP to the higher Level on or after the 1st day of January, 2016, the pay of senior Government servant in the revised pay structure shall be stepped up to an amount equal to the pay as fixed for his junior in that higher post and such stepping up shall be done with effect from the date of MACP of the junior Government servant subject to the fulfillment of the following conditions, namely:-

• (a) both the junior and the senior Government servants belong to the same cadre and they are in the same Pay Level on grant of MACP;
• (b) the existing pay structure and the revised pay structure of the lower and higher posts in which they are entitled to draw pay are identical;
• (c) the senior Government servants at the time of grant of MACP are drawing equal or more pay than the junior;
• (d) the anomaly is directly as a result of the application of the provisions of Fundamental Rule 22 or any other rule or order regulating pay fixation on such grant of MACP in the revised pay structure:

Provided that if the junior officer was drawing more pay in the existing pay structure than the senior by virtue of any advance increments granted to him, the provisions of this sub rule shall not be invoked to step up the pay of the senior officer.

OM No: No. 35034/1/97 -Estt.(D) Dated: 4/10/2012

29.1. No stepping up of pay in the level would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS.

REFUSAL OF A REGULAR PROMOTION

30. If a regular promotion has been offered but was refused by the employee before becoming entitled to an upgradation under the scheme, no financial upgradation shall be allowed as the employee has not stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and in such case, the second or next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal of promotion.

PERSONS HOLDING HIGHER POST PURELY ON ADHOC BASIS

31. Cases of persons holding higher posts purely on adhoc basis shall also be considered by the Screening Committee alongwith others. They may be allowed the benefit of financial upgradation on reversion to the lower post.

EMPLOYEES ON DEPUTATION

32. Employees on deputation need not revert to the parent Department for availing the benefit of financial upgradation under the MACPS. They may exercise a fresh option to either draw pay in the level of Pay Matrix attached to the post held by them on deputation or the pay in the Pay Level admissible to them under the MACPS, whichever is beneficial. In case, the employee opts to draw pay in the Pay Level admissible to him/her under the MACPS, the Deputation (Duty) Allowance shall be regulated in terms of the instructions issued by DoPT vide O.M. No.2/11/2017-Estt.(Pay II) dated 24.11.2017, as amended from time to time.

ILLUSTRATIONS

33.A. (i) If a Government servant in Level 2 gets his first regular promotion in the Level 4 on completion of 8 years of service and then continues in the Level for further 10 years without any promotion then he would be eligible for 2nd financial upgradation under the MACPS in the Level 5 after completion of 18 years (8+10 years).

(ii) (a) In case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the Level 6 on completion of further 10 years of service i.e. after 28 years (8+10+10).

(ii) (b) However, if he gets 2nd promotion after 5 years of further service to the grade say in the Level 7 [i.e. on completion of 23 years (8+10+5years)], then he would get 3rd financial upgradation in Level 8 after completion of 30 years.

(iii)(a) If he gets 2nd promotion before 20th year (say 19th year), then he gets 3rd MACP, at the end of 29th year, (i.e. 10 years from 2nd promotion) provided he does not get 3rd promotion.

(iii)(b) If he gets 2nd promotion after 20th year (say in 23rd year), and there is no 3rd promotion before 30 years, then he may be allowed 3rd MACP at the end of 30 years.

33.B. If a Government servant in Level 2 is granted 1st financial upgradation under the MACPS on completion of 10 years of service in the Level 3 and 5 years later he gets 1st regular promotion in Level 4, the 2nd financial upgradation under MACPS (in the next level w.r.t. level held by Government servant) will be granted in Level 5 on completion of 20 years of service. On completion of 30 years of service, he will get 3rd MACP in the Level 6. However, if two promotions are earned before completion of 20 years, only 3rd financial upgradation would be admissible on completion of 10 years of service in Level from the date 2nd promotion or at 30th year of service, whichever is earlier

33.C. If a Government servant has been granted either two regular promotions or 2nd financial upgradation under the ACP Scheme of August, 1999 after completion of 24 years of regular service then only 3rd financial upgradation would be admissible to him under the MACPS on completion of 30 years of service provided that he has not earned third promotion in the hierarchy.

CLARIFICATION IN CASE OF DOUBT

34. Any interpretation/clarification of doubt as to the scope and meaning of the provisions of the MACP Scheme shall be given by the Department of Personnel and Training (Establishment-D).

FAQs

35. Based on the clarifications sought on various provisions of MACPS documents indicating Frequently Asked Questions (FAQs) prepared are annexed.

OM No: No. 35034/3/2008-Estt.(D) Dated: 9/9/2010
OM No: NA Dated: 1/4/2011

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MACP for the Central Government Employees

PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS
(WESTERN COMMAND) CHANDIGARH

Circular

No.Pay/II/ Tech/243 ACP

Dated 20/09/2022.

To,
1. All Sub offices under jurisdiction of this office
2. Pay Group (III, IV &V) Local

Subject :- Grant of 3rd MACP on completion of 30 years of service to Artisan Staffs regarding.

Reference :- HQrs Office Letter No. ले.प./II/ सेना/वेतन सि. /एमएसिपी/जि-II dated 09.09.2022

A copy of HQrs Office letter No. ले.प./II/ सेना/वेतन सि. /एमएसिपी/जि-II dated 09.09.2022 along with GoI, Ministry of Defence, Department of Defence D/ (Civ-I) ID No. 11(05)2009-D(Civ-1) dated 18.05.2022, on the above subject is enclosed. It is requested to furnish the data, in requisite format enclosed therewith as Annexure-I, to Main Office, Chandigarh through email (pcdawc.pay.dad [at] hub.nic.in) latest by 21.09.2022 for onward submission to the HOrs Office.

The matter may please be accorded “TOP MOST PRIORITY” as the requisite report was required to be rendered by 19.09.2022.

Encl-As above

ACDA(PAY)

Annexure-I

Employees (i.e. Skilled/Highly Skilled workers/MCM) who were drawing pay scale of Rs. 5000-8000 under ACPS upto 31.12.2005, were granted financial upgradation in Grade Pay of Rs. 4600/- on the basis of MoD Letter No. 11(05)2009-D(Civ-I) dated 06.02.2014 and 19.10.2016

ii. The RRs of Artisan Staff (i.e Skilled/Highly skilled workers/MCM) before 6th CPC and after 6th CPC.

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MACP for the Central Government Employees

Case Details:-

• Judgement Date: 22-08-2022
• Diary Number 22508 / 2021
• Case Number C.A. No.-005545-005545 / 2022
• Petitioner Name UNION OF INDIA
• Respondent Name EX. HC/GD VIRENDER SINGH
• Petitioner’s Advocate B. V. BALARAM DAS
• Respondent’s Advocate
  Bench HON’BLE MR. JUSTICE SANJIV KHANNA, HON’BLE MS. JUSTICE BELA M. TRIVEDI
• Judgment By HON’BLE MR. JUSTICE SANJIV KHANNA

Matter raised:-

2. ….. Appeals by way of special leave raise three issues, all of which are connected and relate to the Modified Assured Career Progression Scheme, namely:

(a) Whether the MACP Scheme is applicable and to be implemented with effect from 1st January 2006, the date from which the Central Civil Service (Revised Pay) Rules, 2008 were enforced, or in terms of O.M. dated 19th May 2009 with effect from 1st September 2009?

(b) Whether under the MACP Scheme the respondents are entitled to financial upgradation equivalent to the pay scale/grade pay of the next promotional post in the hierarchy, or the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008?

(c) Whether the respondents, who belong to the Central Armed Police Forces, are entitled to grant of financial upgradation under the MACP Scheme, if for administrative reasons they were unable to fulfil the pre-proportional norms?

Findings:-

• It can be stated that the MACP Scheme, like the ACP Scheme, is an incentive scheme devised with the object of ensuring that the employees who have stagnated for lack of adequate promotional avenues are given benefit in the form of financial upgradation.
• The financial upgradation is personal, does not amount to regular or actual functional promotion, and does not require creation of a new post.
• Financial upgradation is granted to only those employees who have not received actual or functional promotion even after completion of the requisite service period, though otherwise, they fulfil the prescribed conditions for promotion.
• Under the MACP Scheme, an employee is entitled to three financial upgradations on completion of 10, 20 and 30 years of regular service to the next higher grade pay in the hierarchy of the pay bands and grade pay as given in Section 1, Part A of the First Schedule of the Central Civil Services (Revised Pay) Rules, 2008.
• Sixth Central Pay Commission to bring systematic changes in the erstwhile ACP Scheme so that all employees, irrespective of the existing hierarchical structure in their organisations/cadres, get identical financial benefit of the next immediate grade pay instead of the pay/grade pay applicable to the next promotional post.
• The ACP Scheme and MACP Schemes were held to be in the nature of incentive schemes to relieve stagnation and not as a part of pay structure, which had revised the pay and the dearness allowance with effect from 1.1.2006.
• A liberal, pragmatic and ameliorative approach is required to succour genuine grievances of the personnel doing duty for the nation, owing to which they forgo participation in pre-promotional courses.

Judgement in view of discussions:-

12. ………………. the appeals filed by the Union of India are partly allowed and impugned judgments, to the extent they hold that the MACP Scheme applies with effect from 1.1.2006 and that under the MACP Scheme the employees are entitled to financial upgradation equivalent to the next promotional post, are set aside. MACP Scheme is applicable with effect from 1.9.2008 and as per the MACP Scheme, the entitlement is to financial upgradation equivalent to the immediate next grade pay in the hierarchy of the pay bands as stated in Section 1, Part A of the First Schedule to the Central Civil Services (Revised Pay) Rules, 2008. The third issue, which relates to the fulfilment of pre-promotional norms for grant of financial upgradation, is decided against the appellant-Union of India to the extent that this would not be insisted in the case of the Central Armed Forces personnel where, for administrative or other reasons, they could not be sent or undergo the pre-promotional course. All pending applications are disposed of.

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Implementation of MACPS w.e.f. 01.01.2006: IRTSA refers 110th report of parliamentary committee to Secretary Finance (Expenditure).

INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION

No: IRTSA/ CHQ/ MACPS/2022-1

Date:19.04.2022

Secretary Finance (Expenditure),
North Block,
New Delhi – 110001

Respected Sir,

Sub: Implementation of MACPS w.e.f. 01.01.2006.
Ref: 1. Recommendations of 110th report on “Pensioner’s Grievances-Impact of Pension Adalats and Centralized Pensioners Grievance Redress and Monitoring System (CPENGRAMS)”

MACP for the Central Government Employees

2 Our earlier memorandum dated 15.12.2019 (Copy attached)

1. We seek your kind intervention to consider and revise the date of implementation of MACPS w.e.f 1.1.2006 (instead of 1-9-2008) as per the recommendations of 110th report on “Pensioner’s Grievances-Impact of Pension Adalats and Centralized Pensioners Grievance Redress and Monitoring System (CPENGRAMS)”
2. In para 3.35 of 110th report on “Pensioner’s Grievances-Impact of Pension Adalats and Centralized Pensioners Grievance Redress and Monitoring System (CPENGRAMS)” submitted to Parliament on 10th December 2021, it was recommended that, “The Committee feels that DOPPW should pursue the matter of implementation of MACP w.e.f 1st January, 2006 with DoPT as it will give relief to pensioners retiring in the intervening period i.e. from January, 2006 to August, 2008 as all other benefits were given to them from January 2006 as per 6th CPC recommendations”.
3. In our earlier memorandum, we have submitted other detailed justifications including that of Judgement given by Hon’ble Supreme Court of India & Hon’ble High Court of Bombay, 6th CPC recommendations for implementation of revised scheme of Pay Bands and Grade Pay as on 01.01.2006 retrospectively and Government’s acceptance of the same, implementation of 6th CPC recommendations on Pay Band, Grade Pay and Dearness Allowance w.e.f.01.01.2006 vide Extraordinary Notification of Resolution No.1/1/2008-I C, dated 29.8.2008, revision of Non Practicing Allowance (NPA) effective from the date an employee drawing pay in the revised scale applicable to him in accordance with the provisions of the Railway Services (Revised Pay) Rules, 2008, i.e. w.e.f. 1.1.2006, etc
4. Therefore without diluting the scheme it is requested that MACPS may please be implemented from 1.1.2006 since MACPS is part of pay structure.

Supreme Court Order delaying the effective date of the MACP Scheme w.e.f. 01.01.2006

Thanking you

Yours faithfully,

(Harchandan Singh)
General Secretary, IRTSA

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MACP for the Central Government Employees

F.No.4/4/2020-CS-II(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

Lok Nayak Bhawan, New Delhi
Dated the 29th March, 2022

OFFICE MEMORANDUM

Subject: Fixation of Pay on promotion/NFS of PSs of CSSS on or after 1.1.2016, who have already availed pay fixation and increment under MACP – clarification regarding.

The undersigned is directed to refer to this Department OM No.10/3/2004-CS. II (Pt.)(A) dated 18.4.2012 vide which Private Secretaries of CSSS who have already been granted increment and Grade Pay of Rs.5400 in the PB-2 of Rs. 9300-34800 under MACPS, have been allowed the benefit of one increment @3% when placed in Non-functional pay scale in PB-3 of Rs.15600-39100+GP Rs. 5400. After implementation of 7th CPC recommendations, the MACP guidelines have been amended vide OM No.35034/3/2008-Estt.(D) Vol.III dated 04.7.2017 modifying para-4 of the earlier MACP guidelines dated 19.5.2009. The OM dated 4.7.2017 inter alia states that .. “…. benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further Fixation of pay at the time of regular promotion/ Grant of Non-functional Scale, if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion/grant of Non functional Scale, if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. 

2. The issue of pay fixation and grant of increment to PSs of CSSS as per OM dated 18.4.2012 in the light of the revised guidelines issued vide OM dated 4.7.2017 has been examined in consultation with Establishment Division, DOPT and Dept. of Expenditure and it is clarified that the dispensation of pay fixation to PSs of CSSS as available under OM No.10/3/2004-CS.1l (Pt.)(A) dated 18.4.2012 shall not be available w.e.f. 1.1.2016 in view of the amendments made in the MACPS guidelines vide OM No.35034/3/2008-Estt.(D) Vol.II dated 04.7.2017. Accordingly, pay fixation and grant of increment on promotion/NFS on or after 1.1.2016 to PSs of CSSS, who have already availed pay fixation and increment under MACP, shall be regulated as per the guidelines vide OM No.35034/3/2008-Estt.(D) Vol. I dated 04.7.2017 and the provisions of OM dated 18.4.2012 of this Division shall not be applicable.

3. If any benefits based on this Division’s OM dated 18.4.2012 have been extended to any PS of CSSS on or after 1.1.2016, the same shall be reviewed based on the guidelines dated 4.7.2017 and recoveries, if any due, shall be made accordingly.

(Bhagirath Jha)
Under Secretary to the Govt. of India

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