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.

Download Grant of 3rd MACP on completion of 30 years of service to Artisan Staffs PDF

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MACP for the Central Government Employees

कार्यालय, रक्षा लेखा महानियंत्रक
उलन बटार रोड, पालम, दिल्‍ली छावनी – 110010
Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt – 110010

No. AT/Army/Pay Civ/Comp-X/E-4132

dated: 16th Dec, 2021

To

All Regional Controllers
PCDA (WC), Chandigarh

Subject: Fixation of pay on grant of 3rd MACP in the grade pay of Rs 7600/-.

A case had been received in this HQrs office from one of the Controllers’ Offices seeking clarification as to whether a PGT Master of Sainik School is eligible for Grade Pay of Rs 7600 on grant of 3rd MACP upgradation or not.

2. The issue has been examined in this HQrs office and it is stated that for financial upgradation under MACP Scheme Grade Pay of the next promotional post is given. In this case as there is no next promotional post, the financial upgradation cannot be given.

2. Affected cases may be dealt with accordingly.

This issues with the approval of Addl. CGDA (AD)

Sushil Saraogi
Accounts Officer (Army)

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Court Matter
By FAX/Speed post

F. No. A-2301 1/25/2015-Ad.HA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

New Delhi, 13th May, 2020.

To,

All Pr. Chief Commissioner/ Pr. Director General under CBIC
All Chief Commissioner/ Director General under CBIC
All Pr. Commissioner/ Commissioner under CBIC

Subject : Filing Transfer Petitions before the Hon’ble CAT, PB, New Delhi for transferring all cases to the Hon’ble CAT, PB, New Delhi pending before the different Tribunal filed by Superintendents/Assistant Commissioner for grant of 3rd MACP in the grade pay of Rs.6600/-(pre-revised) -reg.

Sir,

I am directed to say that the Board have been receiving a number of cases filed in the different Benches of the Hon’ble Tribunal on the issue of grant of 3 financial upgradation under MACP Scheme to Superintendents, who were granted Non-Functional Grade Pay in GP of Rs. 5400/- in PB-2.

2. Briefly, a number of Superintendents were wrongly granted 3rd financial upgradation under MACP Scheme in the grade pay of Rs. 6600/- by many Commissionerates without counting NFG granted to them as one financial upgradation under MACP Scheme despite CBIC/ DOPT’s earlier clarifications in the matter. This was an administrative error by field offices and the up-gradation wrongly granted needed to be withdrawn. Consequent upon the direction of the Hon’ble High Court of Madras vide Order dated 08.12.2014 in Writ Petition No. 19024 of 2014(Sh. R. Chandrasekaran Vs. UOI & Ors), the matter of counting of Non-Functional Grade Pay as one financial upgradation was again examined in the Board in consultation with DOPT and it was clarified vide Board’s letter F.No.A-2301 1/25/2015-Ad.IIA dated 20.06.2016 that Non-Functional Grade Pay of Rs. 5400/- granted to Superintendents needs to be counted as one financial upgradation for the purpose of MACP Scheme. After issuance of CBIC’s clarification dated F.No.A-23011/25/2015-Ad.IIA dated 20.06.2016, Commissionerates have been withdrawing grade pay of Rs. 6600/- erroneously granted to them. Aggrieved by this action, many Superintendents have filed cases in various Tribunals.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020 January 24, 2020

3. As the subject matter of litigation on each of above such cases are same and in order to have a uniform decision in the matter, the proposal for filing Transfer Petitions before the Hon’ble CAT, PB, New for transferring all such cases to the Hon’ble CAT, PB, New Delhi is under consideration of the Board. In order to file transfer Petitions, all field formations under CBIC are requested to furnish the latest status of such cases to the Board which pending throughout different Zones in following formats:

4. The above requisite information in the prescribed format as indicated above may be forwarded to the Board latest by 31 May, 2020 positively.

Also read: DA to be released immediately according to Delhi High Court judgment. Court case on DA, and the petitioner won

5. This issues with the approval of Chairman, CBIC.

Yours faithfully,

(Gaurav Shukla)
Under Secretary to the Government of India

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GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

RBE No.87/2018

New Delhi, dated 14-6-2018

S.No.PC-VII/106
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.

S/d,
(subhankar Dutta)
Deputy Director Pay commission-V
Railway Board.

Source: NFIR

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Shiva Gopal Mishra
Secretary

Ph.: 23382286
National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi – 110001
E Mail: nc.jcm.np@gmail.com

No. NC-JCM-2014/ACP

July 14, 2014

The Secretary,
Department of Personnel & Training,
North Block, New Delhi

The Secretary,
Department of Defence
Production & Supplies,
D.G.Q.A., D.H.Q, New Delhi

Sub:- Grant of ACP to Draftsmen.

Dear Sir,
I may draw your kind attention to the following judgments of Tribunal / High Court and the Supreme Court:

1. CAT Bombay Bench order dated 28.2.2005 in O.A. No.124/2004 Shri K.M. Khopkar & others Vs UoI.
2. Bombay High Court order dated 11.12.2006 in writ petition No. 5269/2005 Union of India & others Vs K.M.Khopkar
3. Supreme Court order dated 10.7.2007 in Petition for SLP (C) CC5027/2007 Union of India & others Vs K.M. Khopkar.

The Hon’ble CAT Bombay has ruled that the placement irregular scale on the basis of Ministry of Defence letter dated 15.9. 1995 granted to Draftsmen of other Departments in pursuance of CPWD Arbitration award cannot be treated as regular promotion and ACP benefit rightly granted to the applicants cannot be withdrawn.

The High Court Bombay has upheld the above ruling of the CAT Bombay.

The Supreme Court had dismissed the appeal observing that they do not find any merit to interfere in this case.

2. The question is whether all draftsmen of other departments would be granted the benefit of this judgment. They are similarly placed employees and there are several directions of the apex court that in the case of similarly placed employees, a decision given by Courts should be treated as judgment in rem and Government should extend such benefits to all similarly placed employees so that there is no multiplication of litigation in a matter which has already been adjudicated.

3. I, therefore, request you kindly to consider and extend the benefit of above ruling which has already attained finality to all the draftsmen not only working in Department of Defence Production & Supplies but also in all other Central Government Departments.

4. Action Taken on this matter may kindly advice to us.

Thanking you,

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
Secretary

Source: www.ncjcmstaffside.com
[http://ncjcmstaffside.com/2014/nc-jcm-staff-side-has-demanded-grant-of-acp-to-draftsmen-cadre-of-central-governement/]

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AIRF urged to Railway Board to stop recoveries from the employees, due to messy implementation of 2nd & 3rd upgradation under MACP Scheme…

AIRF writes to Railway Board regarding to deny to eligible employees granting of 2nd & 3rd upgradation under MACP Scheme in Railways with appropriate orders and illustrations.

He said in the letter, “The Board are therefore, requested to further look into the matter in totality, as this would undo the provision already made vide Railway Board’s letter dated 10/6/2009 & 29/12/2011, resulting in a lot of recoveries from the staff in case of whom the MACPS has been implemented in terms of Railway Board’s letter under reference at S.No-1.

This issue may be discussed with AIRF threadbare, so that there is no contradiction creating confusion in implementation of MACPS prevailed over Indian Railways and recoveries, if any being initiated on this account in any Zonal Railway, may be stopped till finalization of this issue.

Source : AIRF LETTER

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Framing of Recruitment Rules for the post of Master Craftsman (MCM) and Chargeman both in the same GP of Rs.4200/-

INDWF/RRs/MCM/2014

Date 18.03.2014

To
DGOF & Chairman
Ordnance Factory Board,
Ayudh Bhawan,
10A, S.K.Bose Road,
Kolkatta 700 001.

Kind Attention to Director/IR

Sub: Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendation of 6th CPC- framing of Recruitment Rules for the post of Master Craftsman (MCM) and Chargeman both in the same GP of Rs.4200/-

Ref: (i) MOD ID No.11 (5)/2009-D (Civ-I) Dated 23rd January, 2014.
(ii) OFB Letter No.NGO/Cadre Review/A/GB/10 Dated 03.03.2014

Sir,
We are in receipt of the copy of OFB letter cited under reference (ii) above alongwith M of D letter dt 23.01.2014 regarding framing of Recruitment Rules for the post of Master Craftsman (MCM) and Chargeman both in the same Grade Pay of Rs.4200/-.

Since Defence Finance and DOP&T have not agreed to grant 3rd MACP to MCM on completion of 30 years of regular service on the reasons that the feeder grade and promotion grade stands remain in the identical Grade Pay.  Further, it was also not agreed to grant one increment on their re-designation from MCM to Chargeman (T).  Based on this refusal, DOP&T suggested to M of D to create separate channel for promotion to MCM and Chargeman (T) and accordingly a model proposal was suggested by M of D and circulated to all Directorates and Federations asking views and comments for further action.

While forwarding the model proposal by OFB vide your letter Dt 03.03.2014 to all Ordnance Factories, you have mentioned in para (3) giving your views about the changes and its functional implications and impacts on the career prospects of other categories.

Giving your proposals and impacts on the changes on model proposal it appears that OFB is having prejudice on the matter which shows that OFB itself is not interested in agreeing to the views of M o D.

We therefore, are totally oppose to the comments of OFB mentioned in your letter, whereas INDWF is firmly support to the proposed model of M of D which will be benefited to the organisation as well as to the individuals.

a)    MCM till they become JWM will continue to work as workman by which we shall be getting their services of workmen (MCM) to work.
b)    Chargeman (T) all will be with the background of having Diploma both through DR & LDCE.
c)    The prospects of promotion of Chargeman will not affect at any cost to others.
d)    The MCM can become only after 25 to 30 years of service only at the end of their long service.

Therefore, the model proposal may please be accepted and a favourable decision may please be forwarded to M of D so that MCM can be considered for 3rd MACP.

Yours Sincerely,
(R.SRINIVASAN)
General Secretary.

Source: INDWF

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Implement the decision of Hon’ble Supreme Court in respect of 3rd MACP to accounts staff-AIRF to Railway Board
All India Railwaymen’s Fedaration

No.AIRF/227(213)

Dated: October 30, 2013

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Implementation of the judgment of the Hon’able Supreme Court

Ref: (i) AIRF’s letter No.AIRF /227 (213) dated 26.08.2013
(ii) Board’s letter No.PC-V/ 2011/M/3/ AIRF dated 07.10.2013

Apropos above, the reply of the Railway Board, contained in their letter under reference, is highly disappointing and unacceptable to us. Mere reiteration of Board’s earlier letter cannot justify the stand of the administration, as the Hon’ble Supreme Court dismissed the Special Leave Petition filed by the administration. The apex court held in the said judgment that, if any restructuring of posts takes place, it does not amount to promotion. Accordingly, the office of the FA&CAO/ S&W/PER/ SR vide Memorandum P.535/S&W /PER/ ADMN/ FIX/MACP dated 17.09.2012 accorded financial upgradation of Grade Pay of Rs.5400 to Shri V. Venkataraman, Accounts Assistant/ FA&CAO/ S&VV/ PER/SR. This clearly indicates that the upgradation from Jr. Accounts Asstt. to Accounts Asstt. in terms of restructuring of the posts in the ratio of 20:80 does not amount to promotion.

According to Article 141 of the Constitution of India, policy decision, delivered on the particular subject by the Hon’ble Supreme Court of India, is binding upon the Government of India.

The Board are, therefore, again urged to re-examine the issue In the light of the facts appraised above and grant the benefit of the 3rd MACP (GP Rs.5400) to all the eligible Supervisory Staff whose initial appointment was CG-II/ Accounts Clerk.

An early action in the matter shall be highly appreciated.

Yours faithfully,
sd/-
(Shiva Gopal Mishra)
General Secretary

Source: AIRF

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