MACP for the Central Government Employees

The Supreme Court has rejected a Delhi High Court order requiring the Delhi Development Authority implement the Modified Assured Career Progression (MACP) Scheme on January 1, 2006, rather than the Assured Career Progression (ACP) granted to the employee.

Justices UU Lalit, SR Bhat, and Bela M Trivedi were deliberating on an SLP challenging the Delhi High Court’s judgement requiring the extension of MACP benefits to Delhi Development Authority employees on January 1, 2006.

Starting January 3, 1985, DDA has assigned the respondent workers as regular work charged Malis. On January 3, 1997, he obtained his first financial upgrade under the Assured Career Progression (ACP) Scheme after 12 years of regular service. He was eligible for a second financial upgrade after 24 years of service, which DDA did not give. Employees claimed they should have been granted a second ACP benefit because DDA implemented the MACP scheme on September 1, 2008, by an order dated October 6, 2009, because the claim for the second ACP benefit had accrued earlier.

According to the Supreme Court, employees cannot claim a vested right in the Assured Career Progression (ACP) Scheme. Employees asked for a second upgrade under the prior ACP programme, stating it was better than the MACP scheme. The court found this plea to be inadmissible.

The MACP Scheme was implemented by the Central Government in May 2019 in substitute of the ACP Scheme by an office memorandum. The MACP was made applicable earlier, on September 1, 2008, due to a specific condition in that scheme.

The Court stated that a group of employees who may have benefited from the then-current regime or policy cannot argue a right to the advantages under the superseded policy in the absence of strong and unequivocal indications in the subsequent policy.

The appeal would be allowed, according to the bench in The Vice-Chairman, Delhi Development Authority V. Narender Kumar & Ors.

“The fact that some employees would have benefited more from the ACP benefits if the MACP scheme had not been implemented at a later date is no reason to believe so and compel an executive agency to grant the claimed benefits.”

The Court stated that the second ACP upgrade was not an automatic right because it was dependent on a number of external factors and that the employee could not assert a vested right to it.

Inputs from livelaw.in

The post Employees are unable to claim the ACP scheme over the MACP scheme since it is superior – Supreme Court appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Latest MACP Orders

No. 4-7/MACPS/2019-PCC
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Date: 22.09.2021

To

All Chief Postmasters General / Postmasters General
Chief General Manager, Parcel /BD / PLI Directorate / CEPT.
Director, RAKNPA / Directors of All PTCs
Addl. Director General, Army Postal Service, R.K.Puram , New Delhi
All General Managers (Finance) / Directors Postal Accounts

Sub: Instructions on Modified Assured Career Progression (MACP) Scheme – reg.

Sir / Madam,

This refers to various references/representations regarding admissibility of the benefit of financial upgradation under Modified Assured Career Progression (MACP) Scheme to Inspector (Posts) / Assistant Superintendent of Posts (ASP) consequent upon upgradation of pay scale of Inspector Posts cadre from Grade Pay Rs.4200/- to Rs.4600/- w.e.f. 01.01.2006 by ignoring the promotion to ASP cadre / 2nd financial upgradations under ACP Scheme earned / granted prior to 01.01.2006 in terms of para-5 of Annexure-I to MACP Scheme issued vide this Directorate OM No. 4-7/(MACPS)/2009-PCC dated 18.09.2009.

2. In this regard , it is informed that although vide this Directorate OM of even No. dated 10.02.2021, it was clarified that “promotion earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS in terms of para -8 of Annexure -I to DoP&T OM dated 19.05.2009” yet the point of reference has again been referred to Department of Personnel & Training seeking clarification on the issue.

3. Meanwhile, the competent authority has decided that until clarification from DoP&T on the issue is received, no order for grant of MACP to IP/ASP by ignoring the promotion to ASP cadre / 2nd financial upgradations under ACP Scheme earned / granted prior to 01.01.2006 in terms of para-5 of Annexure-I to MACP Scheme shall be issued or implemented, if already issued.

4. It is therefore, requested to bring these directions to the notice of all concerned immediately and ensure strict adherence in true spirit.

Yours faithfully,

(Sapna)
ADG (GDS/PCC)

The post Financial upgradation under ACP Scheme – No order for grant of MACP to IP/ASP by ignoring the promotion to ASP cadre appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

ACP SCHEME

Tele : 23014594
Dte Gen of Personnel
Military Engineer Services
Engineer-in-Chiefs Branch
Kashmir House, Rajaji Marg
New Delhi – 110011.

PC-4/85610/47/MACP/’ D’ Man /GANGADHARAN/CSCC OF

Dated: 08 sep 2020

ADG (D&C) Range Hills Rd, Kirkee Pune-411003
ADG(Coast Guard & Projects) Chennai-600009
ADG(NEI) Guwahati, Pin-781027, C/o 56 APO 3
ADG(North) Jammu C/o CWE (AF) Jammu, Pin-937258
Chief Engineers HQs
Southern Command, Pune
Eastern Command, Kolkata
Central Command, Lucknow
Western Command, Chandimandir
Northern Command, Udhampur
South Western Command, Pune
DGNP, Mumbai
DGNP, Visakhapatnam
CME, Pune
CGDA, New Delhi

GRANT OF 2nd FIANANCIAL UPGRADATION UNDER ACP SCHEME WHO HAVE COMPLETED 24 YEARS REGULAR SERVICE DURING INTERVENING PERIOD BETWEEN 01.01.2006 TO 31.08.2008 AND THIRD FINANCIAL UPGRADATION UNDER MACP SCHEME AFTER COMPLETION OF 30 YEARS SERVICE IN R/O OF DRAUGHTSMAN/TOs OF MES

1. Refer further to this office letter No.CC-3/85610/47/MACP/D’ Man/6th/CSCC dated 21 April 2017.

2. The undersigned is directed to inform that the approval of grant of 2nd Financial Upgradation after completing 24 yrs of service under ACP scheme of DoPT in respect of Draughtsman & Tech Officers in the pay scale of Rs.15600 – 39100 plus Grade pay of Rs. 6600/- in MES for the intervening period between 01 Jan 2006 to 30 Aug 2008 was granted by MoD after thorough scrutiny of the proposal.

3. Some complaints & grievances were filed against this grant of 2nd Financial Upgradation under ACP scheme by few individuals. In this connection the matter was again sent to MoD for further scrutiny and examinations. The decision of MoD in this regard is reproduced below :-

Also check: Grant of Modified Assured Career Progression Scheme MACPS to Accounts Officers – CGDA Order

 “It is stated that the case for grant based on the analogy of Draughtsman Cadre of MES and Assistant (Arch Department) of CPWD provided by E-in-C’s Branch and as per Financial Upgradation to the TOs of Draughtsman Cadre of MES was granted as per the extant rules and guidelines of DoP&T.”

4. In view of the above, it is advised to take further necessary action as per the clarification of the MoD

5. This has approval of E-in-C please.

(Madan Lal)
Jt Dir (Pers) /CSCC
For E-in-C

The post GRANT OF 2nd FIANANCIAL UPGRADATION UNDER ACP SCHEME WHO HAVE COMPLETED 24 YEARS REGULAR SERVICE appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

F. No.35034/3/2015-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 8th September, 2020.

OFFICE MEMORANDUM

Subject: Fixation of pay on grant of benefit under Modified Assured Career Progression Scheme (MACPS) – Extension of the benefit of entry level pay provided in DoE’s OM dated 28.9.2018 – reg.

The undersigned is directed to refer to the guidelines on MACPS (Para 4 of Annexure-I to OM No. No.35034/3/2008-Estt. (D) dated 19.5.2009 which provides that the benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme i.e. the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. The said guideline further provides that there shall, however, be no further fixation of pay at the time of regular promotion if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion 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. Similar provisions had been prescribed for fixation of pay under ACP Scheme.

Also check: MACP on completion of 10/20/30 Years of Service or 10 years of service after previous promotion: AAOs, Senior Auditor, Adr, Clerk, MTS

2. The Department of Expenditure (DoE) issued OM No. 8-23/2017-E.TIIA dated 28.9.2018, inter- alia providing that in respect of those posts where entry pay for direct recruits appointed on or after 1.1.2006, as per Section-II of Part A of First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 1.1.2006 and whose pay, as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall not be less than such entry pay from the date of their promotion taking place on or after 1.1.2006.

3. A number of references have been received in this Department seeking clarification as to whether the benefit of entry level pay prescribed for direct recruits as per Section-II of Part A of First Schedule of CCS(RP) Rules, 2008 and allowed on promotion on or after 1.1.2006, in terms of DoE’s OM dated 28.9.2018, can be extended to cases where financial upgradation have been granted to employees under ACPS till 31.8.2008 or under MACPS on or after 1.9.2008, in the same Grade Pay which is also the Grade Pay applicable for the promotion post and the promotional post has an element of direct recruitment, irrespective of whether the employee has been subsequently promoted to the said promotional post or not on or after 1.1.2006, as the pay once fixed under ACPS/MACPS is final and no re-fixation of pay is allowed on actual promotion. It is clarified that the benefit of entry level pay prescribed for direct recruits in terms of DoE’s OM dated 28.9.2018 cannot be allowed at the time of grant of financial upgradation under ACPS between 1.1.2006 to 31.8.2008 or MACPS between 19.2008 to 31.12.2015 (6° CPC period), since financial upgradation under ACPS/MACPS cannot be treated strictly as a substitute for regular promotion.

Also read: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved 

4. However, due to the condition that pay once fixed on grant of financial upgradation is not to be re-fixed at the time of regular promotion, as provided in the guidelines on ACPS/MACPS, the issue of extension of benefit allowed under DoE’s OM dated 28.9.2018, to those employees, who were granted financial upgradation under ACPS and subsequently promoted on regular basis on or after 1.1.2006 or who were granted financial upgradation under MACPS and subsequently promoted on regular basis between 1.9.2008 till 31.12.2015 to posts carrying the same Grade Pay in which they have been granted financial upgradation, and where the promotional post has an element of direct recruitment and where the pay drawn by such employees at the time of their regular promotion is lower than the entry level pay prescribed for direct recruits in Section-II of Part A of First Schedule of CCS(RP) Rules, 2008, has been considered in consultation with the Department of Expenditure.

5, Accordingly, where promotion between 1.1.2006 to 31.12.2015 is to a post having an element of direct recruitment, it has been decided to extend the benefit allowed under DoE’s OM dated 28.9.2018, in the following cases, by allowing refixation of pay of employees on the date of their regular promotion at the stage equivalent to the minimum entry level pay, if on the date of their regular promotion it is lower than the minimum entry level pay prescribed for direct recruits under Section-II of Part A of First Schedule of CCS(RP) Rules, 2008:-

• employees who have earned financial upgradation under ACPS prior to 1.1.2006 and have been subsequently promoted on regular basis on or after 1.1.2006;
• employees who have earned financial upgradation under ACPS between 1.1.2006 and 31.8.2008 and have been subsequently promoted on regular basis; and
• employees who have earned financial upgradation under MACPS on or after 1.9.2008 and have been subsequently promoted on regular basis to a post carrying the same Grade Pay in which they have been granted financial upgradation.

6. All Ministries/ Departments are requested to bring these instructions to the notice of all concerned.

(Rajesh Sharma)
Under Secretary to the Government of India

The post MACP – Benefit of pay fixation available at the time of regular promotion appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

IMPORTANT CIRCULAR

Government of India
Ministry of Defence
Office of Principal Controller of Account (FYS)
10 A, S.K. Bose Road, Kolkata-700001

No: 720/AN-Pay/V/ACP /MACP

Date: 27/12/2019

To,

All CsFA
All Branch Accounts Offices

Sub: Information regarding over payments made to DAD employees on account of wrong pay fixation granting the benefit of financial up gradation under ACP/ MACP scheme

Recently Hqr office has intimated that it has received a case where a clerk appointed in the DAD on Inter Departmental Transfer basis was granted financial up gradation under ACP scheme of 1999 in the pay scale of Rs.4000-100-6000 in his erstwhile department . Although he was appointed in the DAD as clerk in the pay scale of Rs.3050- 75- 3950- 80-4590 still his pay was erroneously fixed in the pay scale of Rs.4500-125-7000 (granting him financial up gradation in the hierarchy of post in the DAD ie., pay scale applicable to Auditor) instead of granting him pay protection in the pay scale applicable to the post of clerk in the DAD ie 3050- 75-3950- 80-4590 . This pay fixation is not as per rules /orders.

Also check: MACP guidance as per recommendations of the 7th CPC

2. Hqr has already issued a clarification on the issue of MACP to the employees appointed in DAD through Inter Departmental Transfer vide letter no. AN/Xl/11051/ MACP/2010 v.11-1 dated 25.2 .2010 and AN/Xl/ 11051/MACP/ 2011/ID dated 04.06.2012.

3. It is therefore, requested to confirm that no such cases are there in your office where over payments have been made to any employee due to wrong pay fixation or erroneous grant of financial upgradation under ACP/ MACP scheme.

Also read: Latest MACP News – Grant of financial up gradations under MACPS upto 30.09.2020

4. This information may please be furnished on PRIORITY positively by Return email/ Fax .

Deputy Controller of Account (fys)

The post Over payments made to DAD employees on account of wrong pay fixation granting the benefit of financial up gradation under ACP/MACP scheme appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

OA No.1707/2016 filed by Shri R.K.Tripathi & Ors. Vs. UOI & Ors. before Hobble CAT PB, New Delhi – for grant of non-functional Grade Pay of Rs.5400/- in PB-2 to those Inspectors who were granted Grade Pay of Rs.4800/- due to ACP / MACP Scheme

Most Immediate
Court Matter
By FAX/Speed post

F.No.A-23011/62/2016-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block,New Delhi.
Dated 6th December,2018

To,
Director General
Directorate of Human Resource Development(HRM),
Customs & Central Excise,507,Deep Shikha,
Rajendra Place,New Delhi-110 008

Subject: OA No. 1707/2016 filed by Shri R.K. Tripathi & Ors before Hon’ble CAT PB,New Delhi for grant of non-functional Grade pay of Rs. 5400/- in PB-2 to those Inspectors who were granted Grade Pay of Rs. 4800/-due to ACP/MACP Scheme

Sir,
I am directed to say that as per extant instructions,non functional Grade pay of Rs.5400 in PB-2 (per-revised) is granted to those Superintendents/ Appraisers who have completed 4 years who was granted Grade pay of Rs. 4800/- Shri M.Subramaniam,the then Inspector who was granted Grade pay of Rs. 4800/-due to ACP scheme, got favorable judgment from the Hon’ble Supreme Court.Review Petition in the said case was also dismissed by the Hon’ble Supreme Court.

2.Consequent upon dismissal of Civil Appeal No.8883/2011 and Review Petition in Civil Appeal filed by UOI by Hon’ble Supreme Court,the judgement of Hon’ble High Court of Madras in M. Subramaniam has been implemented in consulation with D/o Expenditure.

3.Keeping in view a number of similar court cases in different Benches of CAT/Court being decided by CAT/High Court, in favour of petitioners,the matter was examined in the Board and a proposal was referred to D/o Expenditure tp consider extension of the direction of the Hon’ble Court in M.Subramaniam,to all similarly placed officers.Deptt.Of Expenditure vide note dated 12.11.2018 examined the matterand sought following clarifications:-

(i) How many individuals of which posts have been allowed the benefit so far?
(ii) How many similarly placed persons are to be covered in the benefit?
(iii) Whether the similarly placed persons are holder of the same post which was held by the individuals covered in the SLP?
(iv) The financial implications on the befit already allowed and the estimated financial implication on the similarly placed employees?

4.The details sought by D/o Expenditure vide note dated 12.11.2108 needs to be compiled from the Zonal Commissionerates. You are requested to kindly obtain the details/information on the points mentioned above from Zonal Commissionerate, compile it and furnish the same to the Board for taking up the matter with D/o Expenditure. Since a number of court cases are pending in CAT/High Court, it is requested to expedite this exercise and detail/information be made available to the Board, by 20.12.2018.

Yours faithfully,
sd/-
(M.K.Gupta)
Under Secretary to the Government of India

Source: Confederation

The post Grant of Non Functional Grade Pay Rs. 5400 to Inspectors under ACP/MACP Scheme – CBDT appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

No.PC-V/M/4/NFIR/pt

New Delhi, dated 07.04.2017

The General Secretary,
NFIR,
3, Chelmsford Road,
New Delhi-55

The General Secretary,
AIRF,
4, State Entry Road,
New Delhi-55

Sirs,
Sub:- Board’s item No.3-Grant of financial upgradation under MACP Scheme in the promotional hierarchy-(instead of Grade Pay hierarchy)- as per judgment of various courts. {item(s) to be discussed with Board (MS &FC)}

Ref:- NFIR’s letter No.IV/MACPS/09/Part 10, dated 20.02.2017.

The undersigned is directed to refer to item No.3 of the record note of discussions held on 12.10.2015 on MACPS anomalies whereby NFIR have stated that ACP Scheme is more advantageous than MACPS for certain categories of employees viz. office Clerks/Accounts Clerks, Commercial Clerks, Stenographers, Technician Gr.III and Shroff category.

In this regard, the factual position prevailing on Railways has been ascertained from a Railway i.e. Northern Railway in respect of these categories of employees and on a perusal of the same, it has been observed as under:-

The employees directly recruited as Office Clerk (GP Rs.1900) are getting Grade Pay of Rs. 4600 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4200/- would be admissible.

The employees directly recruited as Technician Gr.III (GP Rs.1900) are getting Grade Pay of Rs. 4200 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 2800/- would be admissible.

The employees directly recruited as Shroff category (GP Rs.1900) after their promotion as Hd. Shroff in GP Rs.4200 have further been granted 3rd MACPS in Grade Pay of Rs. 4200 (as next promotional cadre post of ADC is also in the same Grade Pay of Rs.4200/-) whereas under ACP Scheme there is no provision for grant of 3rd financial upgradation.

The employees directly recruited as Stenographer (GP Rs.2400) are getting Grade Pay of Rs. 4800/- as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4600/- would be admissible.

The employees directly recruited as Accounts Clerk (GP Rs.1900) are getting Grade Pay of Rs. 4600 as 3rd MACPS whereas under ACP Scheme no further financial upgradation beyond GP of Rs. 4200/- would be admissible.

Federations are requested to appreciate the factual position as mentioned above.

From the above, it can be seen that MACP Scheme is more advantageous than the ACP Scheme for the aforesaid categories.

4. Federations are requested to appreciate the factual position as mentioned above.

Yours faithfully,
sd/-
for Secretary, Railway Board

Source: AIRF

The post Grant of financial upgradation under MACP Scheme in the promotional hierarchy appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

All India Civil Accounts Employees Association

(RECOGNISED BY GOVT. OF INDIA)

CENTRAL HEADQUARTER: NEW DELHI

All India Civil Accounts Employees Association Category -II

CENTRAL HEADQUARTERS: COCHIN

Zonal Accounts Office, CBDT,

Sanjuan Towers, Old Railway Station Road Cochin- 682018

No: AICAEA/HQ/A-2/2016/ 517-558

Dated: 27th May, 2016

To,

Shri M.J.Joseph,

Controller General of Accounts,

Ministry of Finance,

Department of Expenditure,

Loknayak Bhawan,

Khan Market,

New Delhi – 110003

Subject: – Settlement of the long pending issues and appropriate recommendations on 7th CPC related matters- regarding

Sir,

We have been directed to refer our letter No: AICAEA/HQ/A-2/2016/417 dated 17th April, 2016 on the subject mentioned above and state that the employees are totally aggrieved for non-settlement of their grievances for more than one and a half years.

Moreover, large numbers of the issues that were discussed in the meeting held between the official side of CGA office and the National Executive of All India Civil Accounts employees Association under your Chairpersonship on 6th November 2015 are yet to be settled. Further, it was stated in the said meeting that the

“Ministry of Finance, Department of Expenditure has returned the Cadre Review proposal of Group ‘B’ & ‘C’ cadres of CCAS with the remarks that proposal may be re-examined in terms of instructions contained in their O.M. NO. 5(3)/E.III/97 dated 07.01.1999 and No. 7(1)/E.Coord/2014 dated 29.10.2014. DoE has also informed that the revision of pay in respect of Civil Accounts Employees will not be done in isolation and the same may be viewed and examined in the larger context of Organized Accounts Service as a whole. Therefore, the matter will be examined by DoE, MoF, in a holistic manner keeping in view the recommendations of 7th Pay Commission as well. The Association was therefore asked to wait for the 7th Pay Commission recommendation and the decision of the Government.”

But, we would like to bring the following facts to your kind information –

1. Pending implementation of 7CPC recommendations, the Ministry of Finance has accorded approval to the Cadre Review proposals of the Department of Posts.

2. The C&AG has made his recommendations to the Government for cadre review/ cadre restructuring/ amendments in the Recruitment Rules.

Hence, in view of these facts and as per the DOPT instructions, cadre review of the Gr. B & C employees of Civil Accounts Employees, which should have been done much earlier and before the cadre review of the Gr “A” cadres of Civil Accounts organization was done in 2012-13, needs to be initiated immediately in consultation with the Associations.

Apart from the above, the employees and officers of Civil Accounts organization are yet to learn about the recommendations given by the Controller General of Accounts to the Empowered Committee constituted by the Government for implementing the recommendations of 7CPC.

Therefore, for the purpose of review of the status of the issues discussed on 6th November 20159 (including the issue of Cadre Review) and to be appraised about the recommendations given by the Controller General of Accounts to the Empowered Committee constituted, our National Executive Members wish to meet you on 10th June 2016. We shall be thankful if you kindly accept our proposal and make it convenient to meet us on the proposed date. Time of the meeting may kindly be intimated to us at an early date please.

It may kindly be noted that the issues for discussion in the meeting will be the items forwarded by us through our letter dated 17th April, 2016.

Thanking you,

Yours faithfully

(G.K.Nair)

Secretary General

All India Civil Accounts Employees Category II     (V.Bhattacharjee)

Secretary General

All India Civil Accounts Employees Association

Copy to

1. Secretary General. All India Associations of Pay and Accounts Officers (Civil), Mumbai.

2. All Federal Executive members of National Federation of Civil Accounts Associations

***

All India Civil Accounts Employees Association

(RECOGNISED BY GOVT. OF INDIA)

CENTRAL HEADQUARTER: NEW DELHI

All India Civil Accounts Employees Association Category -II

CENTRAL HEADQUARTERS: COCHIN

Zonal Accounts Office, CBDT,

Sanjuan Towers, Old Railway Station Road Cochin- 682018

Phone No. 011-23345070, Mob. No. 9868520926 e-mail:- v.aicaea@gmail.com

Central Office: –

16-A, Akbar Road Hutments,

New Delhi: – 110011

Address for Communication:-

17/2 – C, P & T Quarters,

Kali Bari Marg,

New Delhi-110001

No: AICAEA/HQ/A-2/2016/417

Dated: 17th April, 2016

To,

Shri M.J.Joseph,

Controller General of Accounts,

Ministry of Finance,

Department of Expenditure,

Loknayak Bhawan,

Khan Market,

New Delhi – 110003

Subject: – Settlement of the long pending issues and appropriate recommendations on 7th CPC related matters- regarding

Sir,

We have been directed to refer the letters No; AICAEA/HQ/A-2/2016/ 229-59 dated 09.03.2016 and No: – AICAEA/HQ/A-2/2016/ 271 dated: 10.03.2016 of All India Civil Accounts Employees Association and its subsequent letters dated 31.03.2016, 01.04.2016, 08.04.2016 and 12.04.2016 respectively on the subject mentioned above and state that the opportunities of career advancement of different categories of Civil Accounts employees has been halted as no departmental examination was conducted by the Civil Accounts authorities for last one and a half years. Non-conducting of AAO(Civil) examination from the year 2014 onwards alone has virtually created chain linked adverse affect on totality of the Civil Accounts Employees right from MTS to AAO. None of the categories have been getting their legitimately due benefits of promotion and financial upgradations etc. We have already requested to your good self through our earlier correspondences to kindly conduct the examinations at the earliest so that the grievances of the employees in general are resolved.

Apart from the above, we would also like to state that-

1. Among the items discussed in the meeting held between the official side and the National Executives of the All India Civil Accounts Employees Association under your Chairpersonship on 6th November 2015, though favourable actions on some of the issues have been taken, but majority of the issues are yet to be settled which has generated strong resentment among the employees.

2. Endeavour on the part of the office of the Controller General of Accounts to operate a transfer policy for AAOs and local rotational transfer policies for AAO and Accountant/ Senior Accountant transparently were no doubt tremendously appreciated by the employees. But, the employees are totally disappointed due to the fact that, while these policies have been totally diluted and vitiated on account of prejudiced and biased approaches of the heads of Civil Accounts Departments like PCCAs of MHA, CBEC, CBDT, CCA of Ministry of Urban Development and CA of Ministry of WR etc. and also for their unwanted interferences, the Controller General of Accounts is maintaining total indifference against all these and his office is not at all enforcing the policies effectively and uniformly.

Further, due to sustained and united movements of the Central Government Employees, the Government of India has constituted the Empowered Committee under the Chairpersonship of the Cabinet Secretary to Government of India for sorting out the grievances of the employees on the recommendations of 7 CPC. In terms of the directives of the Empowered Committee, the All India Civil Accounts Employees Association alone was asked by your office to make its submission on the 7th CPC related issues. The Association had accordingly submitted its proposals for improvements in recommendations and it was informally informed to the Association that the proposals have been forwarded to the appropriate higher authorities with proper recommendations. Though the Association offered it’s thanks to your office for the favourable action taken but unfortunately, the requests for (1) Providing a copy of the recommendations made and (2) Meeting the joint delegation of All India Civil Accounts Employees Association, All India Civil Accounts Employees Association Category II and All India Association of Pay and Accounts Officers (Civil) on the CPC related matters are yet to be responded by your office.

We hope your kind self would definitely agree with us that the employees are suffering without any fault of theirs and there are valid grounds for them to become restive. Therefore, the specific issues on which the resentment has been precipitated and in support of which issues the members of our Associations shall resort to a day’s protest Dharna on 6th May 2016 are attached herewith in the form of “CHARTER OF DEMANDS” for your kind perusal.

We on behalf the All India Civil Accounts Employees Associations and All India Civil Accounts Employees Association Category II earnestly request you to kindly intervene personally into the undesirable situation created so that grievances of the employees are resolved at the earliest and peace and tranquility prevail in the organization.

Thanking you,

Yours faithfully

Enclo as above

(G.K.Nair)

Secretary General

All India Civil Accounts Employees Category II    (V.Bhattacharjee)

Secretary General

All India Civil Accounts Employees Association

CHARTER OF DEMANDS

1. Conducting the AAO (Civil) Examination immediately.

2. Issuing of orders for posting of all candidates qualified AAO (Civil) examination, 2014

3. Granting promotions to the Senior Accountants as AAOs who are eligible for promotion under 10% promotion quota.

4. Issuing orders for transfer of the AAOs completed their tenure posting period and awaiting posting to their choice stations.

5. Cancellation of the decision of CGA office to bring persons from other departments/ organizations as AAOs on deputation basis and grant adhoc promotions to the eligible persons of Civil Accounts organization itself in case vacancies exist after issuing orders for promotion to the persons discussed in Sl. No. (1) and (2) above

6. Giving appropriate recommendations to Cabinet Secretary on 7CPC related matters after convening meeting with the combined delegation of All India Civil Accounts Employees Association, All India Civil Accounts Employees Association Category II and All India Association of Pay and Accounts Officers (Civil).

7. Settlement of following pending issues discussed in the formal meeting held on 6th November 2015:-

(i) Adoption of mutually agreed transfer policy for AAOs and implementation of the existing policy transparently without any discrimination.

(ii) Counting of service for Grant of benefit of II ACP to Sr. Accountant appointed as Accountant–

(a)From the date passing departmental competitive examination conducted by SSC

(b)From the 1st July of the next year of passing open examination conducted by SSC as per orders of DoPT and MHA.

(iii) Grant of Pay Scale of Rs. 1350-2200 from 01.01.86 to DEOs as has been granted by the Defence Accounts Department as well as in terms of the CAT judgments.

(iv) Removal of injustice to newly recruited Accountant in the matter of granting 1st increment through rectification of the procedure of Departmental Confirmatory test and also imparting training to the candidates.

(v) Grant of two financial up gradation to MTS under ACP scheme who had completed 24 years of service before implementation of MACP Scheme as has been done by the O/o the Pr. Of Audit and Director, Economic service Ministries, Delhi vide order No:- AMG.I/Admn-1/32 dated 24.06.2014.

(vi) (a) Grant of Headquarter allowance to Sr.PS/PS/Stenos posted in office of CGA.

(b) Improvements in promotional avenues of secretarial assistance through creation of posts and promotion of eligible persons working in Civil Accounts organization.

(vii) Removal of anomaly in grade pay arisen in PAO, CRPF after amalgamation of the office in Civil Accounts Organization.

(viii) Relaxation for revision of option for fixation of pay in the revised pay structure for persons promoted to the grade of Asstt. Accounts Officer (AAO) after 01.01.2006.

(ix) Grant of honorarium for checking of pay fixation cases and pension cases after implementation of 6th CPC recommendations.

(x) Provision of alternative accommodation and amenities to the Central Office of AICAEA.

Source: http://nfcaahqnd.blogspot.in/2016/05/all-indiacivil-accounts-employees.html

The post Settlement of the long pending issues and appropriate recommendations on 7th CPC related matters: AICCEA appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

The post INDWF published outcome of the JCM III level meeting held on 25th and 26th August 2014 at OFB HQrs. Kolkatta… appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

BHARTIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)

REF: BPMS / MACPS / 64 (7/3/M)

Dated: 16.01.2014

To,
The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Granting of 3rd  MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of 6th  CPC – Clarification regarding.

Reference: 1. MOD I.D. No. 11(5)/2009-D (Civ-I), Dated 28.12.2013

Respected Sir,
With due regards, your attention is invited to S.R.O. 13(E) Dated 04.05.1989 / S.R.O.-191 dated 28.11.1994 / S.R.O.-66 dated 27.05.2003 “Indian Ordnance Factories Group C Supervisory and Non-Gazetted Cadre (Recruitment and Conditions of Service) Rules” which stipulates that the post of Chargeman (Tech) will be filled up by-

(a) 25% by direct recruitment after adjustment of surplus and transfer,
(b) 25% by Limited Departmental Examination and
(c) 50% by promotion from panel prepared by relevant DPC for each category
and on failure of recruitment by promotion, by transfer failing which by direct recruitment {as mentioned in Point No. 2 of Annexure to OFB Letter No. 01/CR/A/I/Vol.II/658, dated 21.02.2011}.

It further stipulates that the post of Chargeman will be filled up by Promotion from Draughtsman or equivalent in scale of Rs.1200-2040 with 3 years service and by promotion from Highly Skilled Grade-I with 3 years of regular service failing which from Highly Skilled Grade-II with 6 years regular service in respectively category.

The above Recruitment Rule (SRO) nowhere says that the post of Chargeman will be filled by promotion from Master Craftsman.

It is to be noted that the post of Master Craftsman was created in pursuance of the recommendations of the 3rd Central Pay Commission made in Chapter 19 of Volume I of its Report, vide MOD letter No. 1(2)/80/D(Civ-I), dated 21.09.1982 in the pay scale of Rs. (425 – 640) at par with the Chargeman. Para 2(iv) of the letter stipulates that the incumbents selected for the post of Master Craftsman will forego their normal promotion to the supervisory grade; i.e., Chargeman.

The pay scale of Master Craftsman & Chargeman was revised to Rs. (1400 – 2300) as per 4th CPC but the 5th  CPC revised the pay scale of Master Craftsman to Rs. (4500 – 7000) whereas Chargeman was revised & upgraded to Rs. (5000 – 8000) w.e.f. 01.01.1996.

Subsequently, Restructuring of Cadre of Artisan Staff in Defence Establishments in modification of recommendations of the 5th CPC has been introduced vide MOD letter No.11(1)/2002/D(Civ-I), dated 20.05.2003 which states that the post of Master Craftsman shall not be part of the hierarchy and the placement in this grade will not be treated as promotion for Highly Skilled Grade either under normal promotion rules or under ACP Scheme. Para 4(iv) of the letter states that the post of Master Craftsman (Rs. 4500 – 7000) shall continue to be considered as Highly Skilled grade for the purpose of promotion to the grade of Chargeman-II (Rs. 5000 – 8000).

It is worth to mention here that Hon’ble Supreme Court of India has already decided that the administrative instructions cannot be issued in contravention of the statutory rules {C&AG of India vs. Mohan Lal Mehrotra, 1991 Lab IC (SC) 2328, para 22} and that there can be no dispute with the proposition that a rule framed under the Proviso to Art. 309 of the Constitution cannot be modified by an executive order {State of Maharashtra & Anr vs Chandrakant Anant Kulkarni & Ors: 1981 AIR 1990, 1982 SCR (1) 665}

The Supreme Court has held in the case of “Sant Ram Sharma vs State Of Rajasthan & Anr : 1967 AIR 1910, 1968 SCR (1) 111” as under:-

    “It is true that Government cannot amend or supersede statutory rules by administrative instructions, but if the rules are silent on any particular point Government can fill up the gaps and supplement the rules and issue instructions not inconsistent with the rules already framed.”

Contrary to above, vide letter cited under reference MOD has communicated that the idea of exclusion of the post of Master Craftsman (MCM) from further promotions in the hierarchy (Chargeman in the same Grade Pay) has not found favour with the Defence Finance.

We are surprised to construe from above that Defence Finance may promote any person on any post which may be against the provisions of relevant Recruitment Rules (SRO) made under the proviso of Article 309 of the Constitution of India.

Here, we would like to draw your attention to Para 3.1 of Govt. of India, DoP&T O.M. No. 22011/5/86-Estt.(D), dated 10th April, 1989 issued as consolidated instructions on Departmental Promotion Committee, which stipulates as under:-

   “ ….. A vacancy shall be filled in accordance with the recruitment rules in force on the date of vacancy, unless rules made subsequently have been expressly given retrospective effect. Since amendments to the recruitment rules normally have only prospective application, the existing vacancies should be filled as per the recruitment rules in force. Holding of DPC meetings need not be delayed or postponed on the ground that recruitment rules for a post are being reviewed/amended.”

It is worth to mention here that Para 2 of Annexure – I of DOP&T O.M. No. 35034/3/2008-Estt. (D), dated 19.05.2009 of MACPS provides that the MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section I, Part – A of the first schedule of the CCS (RP) Rules, 2008 and which is as under;

Grade Pay Rs. 1800/- Grade Pay Rs. 4200/-
Grade Pay Rs. 1900/- Grade Pay Rs. 4600/-
Grade Pay Rs. 2000/- Grade Pay Rs. 4800/-
Grade Pay Rs. 2400/- Grade Pay Rs. 5400/-
Grade Pay Rs. 2800/- Grade Pay and so on

Hence, a person who is drawing grade pay of Rs. 4200 due to 02 promotions/ACPs and completes 30 years regular service on or after 01.09.2008 will be granted financial upgradation under 03rd MACPS in grade pay of Rs. 4600/-.

Therefore, you are requested to review the referred clarifications and withdraw the same without further delay and clarify that since the post of MCM was not in hierarchy of artisan staff cadre upto 31.12.2005, the Highly Skilled worker/MCM who were already drawing the pay scale of Rs. (5000 – 8000) under ACP Scheme may be considered for further financial upgradations in the next Grade Pay (Rs. 4600) in the hierarchy of Grade Pays.

Thanking you.

Yours Sincerely
sd/-
(MUKESH SINGH)
Secretary/BPMS &
Member JCM-II (MOD)

Source: http://bpms.org.in/documents/macp-mcm-4tdp.pdf
via: Karnmk.blogspot.in

The post Granting of 3rd MACP in GP 4600/- after Restructuring of Cadre of Artisan Staff in Defence Establishments: BPMS Letter to MoD appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.