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

The post MACP/ACP Scheme instructions employee will move to immediate next Pay Level in the new Pay Matrix appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Reminder-III

No.25/7/2019-CS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan Khan Market,
New Delhi -110003
Dated: 7th September, 202I

OFFICE MEMORANDUM

Subject: Clarification regarding fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefits under MACP Scheme – regarding

The undersigned is directed to refer to this Department’s OM of even number dated 27.08.2019 (copy enclosed) vide which the cadre units of CSCS were requested to furnish the data of the SSAs who were granted 3% increment at the time of MACP and subsequently granted 3% increment at the time of NFSG/ promotion as per the format given in Annexure of the said OM. Granting 3% increment after MACP i.e. at the time NFSG/ promotion is not in order in light of the OM No. 35034/3/2008-Estt,(D) dated 04.07.2017.

2. Thereafter, two reminders dated 16.09.2020 and 21.01.2021 were issued but the information from 24 cadre units of CSCS have not received yet.
3. The Cadre Units of CSCS (as per list attached) are once again requested to furnish the requisite data within a fortnight so that this Divsion may take a final decision in consultation with Estt.(D) regarding recovery of excess amount from the working/ retired persons.

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

Fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme

The post Fixation of Pay on Regular Promotion and NFSG under MACP Scheme DoPT Order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated; 30th September, 2020

OFFICE MEMORANDUM

Sub: Cases pending or decided by Hon’ble High Courts/ Tribunals regarding preponement of effective date of Modified Assured Career Progression (MACP) Scheme – reg.

The undersigned is directed to say that the matter relating to grant of benefits w.e.f. 01.01.2006 instead of w.e.f. 01.09.2008 under the MACP Scheme to civilian Central Government employees is presently sub-judice before the Hon’ble Supreme Court of India in a number of cases tagged with SLP Nos. 10811-10813/2018 in the matter of Union of India Vs. Shri Ranjit Samuel, and that all similar matters are being heard together by the Hon’ble Apex Court.

Also check: Delhi High Court Order – MACP is effective from 1.1.2006 as per 6th Pay Commission recommendation, as it forms part of Pay and NOT allowances

2. A large number of references are being received in this Department based on orders of the Hon’ble Tribunals (CAT Benches) and Hon’ble High Courts seeking advice on implementation of such orders allowing grant of benefits under the MACP Scheme from 1.1.2006, as against 1.9.2008, the date provided in the MACP Scheme.

3, Since such orders of Hon’ble Tribunals /High Courts are at variance with the extant MACPS guidelines and for the fact that the primary issue of date of effect of MACPS is sub judice before the Hon’ble Supreme Court of India, this Department is constrained to advise various Ministries/ Departments to either seek review or agitate the matter in higher courts, by challenging such orders.

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

4, Accordingly, Ministries /Departments are, therefore, advised to defend such cases or challenge the orders (where decision has been taken by the Hon’ble Tribunal/High Court) contrary to MACPS guidelines, by bringing the fact that the issue is pending before the Hon’ble Supreme Court of India, to the notice of Hon’ble Tribunals/High Courts.

(Rajesh Sharma)
Under Secretary to the Government of India

Also read: Important Supreme court Judgement – MACP should be given effect from 01.01.2016

The post Benefits under the MACP Scheme from 1.1.2006, as against 1.9.2008, the date provided in the MACP Scheme – Cases pending in High Courts appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

F. No. A-23011/125/2016-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block, New Delhi.
Dated 9th October, 2019.

To,

All Pr. Chief Commissioners/ Principal Director Generals under CBIC
All Chief Commissioner/ Director Generals under CBIC

Subject: Defending the CAT/Court cases on the issue of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs. 5400/- in PB-2

Sir,

I am directed to forward a copy of order dated 12.04.2019 of the Hon’ble CAT, Ernakulam Bench in OA No. 912/2016 filed by Dileep Kumar with request that the said order may be cited/referred to while defending the CAT/Court cases pending in your Zones/ Commissionerate/ Directorate on the subject of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs. 5400/- in PB-2.

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME – CENTRAL GOVERNMENT EMPLOYEES NEWS

Encl: As above.

Yours faithfully,
sd/-
Under Secretary to the Government of India

O R D E R

Per: Hon’ble Mr. Ashish Kalii; Judicial Member

The applicant joined the service under the respondents as Inspector of Central Excise. He was granted 1st and 2nd financial upgradations w.e.f. 9.8.1999 and 22.6.2008. Later he was promoted to the post of Superintendent of Central Excise w.e.f. 24.9.2002 and as the upgradation – benefits were already given under ACP scheme he was not eligible for any benefits at the time of promotion. The applicant was granted the Grade Pay of Rs. 5,400/- in PB-2 of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years of service as Superintendent. Since the applicant was not granted any further promotion he is eligible for 3rd financial upgradation under the MACP scheme. Applicant submitted a representation to the respondents in this regard. However, the respondents in reply to the above representation given him a copy of the letter dated 18.2.2015 (Annexure A10) stating that since the Pay and Accounts Officer has raised objection in granting financial upgradation under the MACP scheme in the Grade Pay of Rs. 6,600/- to those Superintendents who had been granted the Grade Pay of Rs. 5,400/- in PB-2 on completion of four years service had sought a clarification from the Ministry and further the Hon’ble High Court of Madras has remitted the matter to the Department of Personal, Public Grievances and Pension for fresh consideration with directions to consider the issue in extension. Respondent No. 1 examined the matter and issued Annexure A8 clarification. However, the respondents have denied the benefit of 3rd financial upgradation under the MACP scheme to the applicant on the wrong interpretation of paragraph 81 of Annexure Al OM dated 19.5.2009 (Annexure A3). Being aggrieved the applicant has filed the present OA with the following relief:

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

8.I This Honourable Tribunal may be pleased to declare that the provisions of para 8.1 of Annexure I to the OM No.35034/3/2008-Estt(D) dated 19.5.2009 is not applicable in the case of the applicant and he is eligible for the 3rd financial upgradation in Grade Pay of Rs. 6,600/- in PB- 3 as per the MACP scheme and direct the respondents to grant and disburse to the applicant the financial benefits within a reasonable period as decided by the Hon’ble Tribunal.8.2 This Honourable Tribunal may be pleased to declare that the Grade pay of Rs. 5,400/- in PB-2 granted under the CCS (RP) Rules to the Superintendents of Central Excise on completion of four year service is not a financial upgradation falling under the purview of the MACP scheme.

2. Notices were issued to the respondents. They entered appearance through Shri P.R. Sreejith, ACGSC who filed a detailed reply statement contending that the applicant joined the Department as Inspector of Central Excise on 22.6.1984. He was granted 1st and 2nd financial upgradation under the ACP scheme w.e.f. 9.8.1999 and 22.6.2008 respectively. He was promoted as Superintendent of Central Excise w.e.f. 24.9.2002 and further was granted Grade Pay of Rs. 5,400/- in PB-II in the scale of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years service as Superintendent. Respondent No.1 vide letter dated 21.7.2010 has clarified that the benefit of non-functional upgradation granted to the Superintendent (Group-B) officers on completion of 4 years of service would be treated/viewed as an upgradation in terms of paragraph 8.1 of Annexure to OM dated 19.5.2009 (Annexure A3) and the same would be offset against one financial upgradation under MACP scheme. The applicant was granted Grade Pay of Rs. 5,400/- in PB-II as non-functional upgradation w.e.f. 24.9.2006 and was afforded the benefit of fixation of pay under FR 22. The respondents would submit that the post/grade at S-15 has been placed at PB- II with Grade Pay of Rs. 5,400/- and next higher grade pay in the hierarchy of the recommended revised pay band and grade pay is PB-III with Grade Pay of Rs. 5,400/-. Paragraph 8.1. of Annexure of MACP scheme provides that consequent upon the implementation of the 6th CPC’s recommendations, grade pay of Rs. 5,400/- is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5,400/- in PB-2 and Rs.5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradation under MACP scheme. The non-functional Grade Pay of Rs. 5,400/- granted to the applicant in PB-II after completion of 4 years regular service as Superintendent is to be treated/viewed as an upgradation in terms of respondent No. 1 clarifications. The respondents further contended that the judgments/orders relied on by the applicant is not applicable to the facts and circumstances of the present case. Respondents pray for dismissing the OA.

3. We have heard the applicant who appeared in person and the learned Central Government counsel appearing for the respondents in the matter. We have also perused the argument notes submitted by the applicant. Perused the records.

4. It is also undisputed that the Superintendents of Customs and Central Excise are having two Grade Pays in PB-2 i.e. one with Grade Pay of Rs.4800/- and another with Grade Pay of Rs 5400/-. The officials become entitled to Pay Band 2 with Grade Pay of Rs.5400/- only after they complete 4 years of service as Superintendents in the Grade Pay of Rs.4800/-.

5. MACP Scheme has brought systemic changes to the then existed ACP Scheme. Both the Schemes were to alleviate the drudgery of lack of promotional avenues of the government servants for a long time. Under the ACP Scheme, financial upgradation in the promotional scale were given on completion of 12 years and 24 years respectively without promotion whereas in the MACP scheme three financial upgradations counting from a direct entry grade on completion of 10, 20 and 30 years respectively whenever a person has spent 10 years continuously in the same Grade Pay. The MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the hierarchy of recommended revised Pay Bands under the CCS (Revised Pay) Rules, 2008. It is also to be noted that the Grade Pay at the time of financial upgradation under the MACP Scheme can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion and in such cases the higher Grade Pay attached to the next promotion post in the hierarchy of the concerned cadre will be given only at the time of regular promotion. It is further to be noted that the Grade Pay of Rs.5400/- is now in two Pay Bands viz; PB2 and PB3. Para 8.1 of the MACP Scheme states:

8.1 Consequent upon the implementation of sixth CPC’s recommendations , grade pay of Rs.5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs.5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradations under MACP Scheme.

6. Grade Pay of Rs.5400/- is given to Superintendents of Central Excise, on completion ·of their 4 years’ service in PB-2 with Grade Pay of Rs.4800/-. Applicant joined the service as Inspector 22·06.1984 and he was granted 1st ACP benefits in the grade of Superintendent i.e. PB-2 Rs. 9,300-34,800/-­ plus Grade Pay of Rs. 4,800/-. Later he was promoted as Superintendent of Central Excise w.e.f. 24.9.2002. Since the applicant was already granted 1st financial upgradation under ACP scheme he was not eligible for any benefits at the time of promotion. However, on completion of four years service as Superintendent applicant was granted non-functional upgradation in PB-2 Rs. 9,300-34,800/- plus Grade Pay of Rs. 5,400/- w.e.f. 24.09.2006. The applicant was granted 2nd financial upgradation under the ACP scheme w.e.f. 22.06.2008 on completion of 24 years of service in PB-3 Rs. 15600-39100/-­ with Grade Pay of Rs. 5,400/-. Therefore, the applicant has been granted three financial upgradations as stated above. The respondents contend that the placement of the applicant in the Grade Pay of Rs.5400/- in Pay Band 2 under NFG (non-functional upgradation) has to be treated as a separate Grade Pay for the purpose of grant of upgradation under the MACP Scheme.

7. Financial upgradations under the schemes of ACP and MACP are policy decisions of the Government of India and they are to be implemented strictly in terms of the schemes. Any interpretation inconsistent with the scheme cannot be acceded to Paragraph 8.1 of the MACP scheme as quoted above which in unambiguous terms state that Grade Pay of Rs.5400/- in PB- 2 and the Grade Pay of Rs.5400 in PB-3 are to be treated as separate Grade Pays for the purpose of grant of financial upgradation under the MACP Scheme. In the 6th CPC revised pay structure after completion of 4 years of service in the PB-2 with Grade Pay of Rs. 4,800/- a higher Grade Pay of Rs.5400/- is granted in Pay Band-2 itself. As per para 8.1 of the MACP scheme such placement in higher Grade Pay has to be treated as a separate Grade Pay for the purpose of MACP Scheme. Therefore, the applicant had already undergone 3 financial upgradations. Hence now the applicant cannot be considered for the 3rd financial upgradation as it would be contrary to the MACP Scheme. Ignoring the granting of non-functional Grade Pay of Rs.5400/- in PB-2 for the purpose of MACP is not in accordance with the government policy and hence is not correct.

8. In the light of the above discussion, we hold that there is no merit in the above Original Applications. The Original Application is dismissed. Parties shall suffer their own costs.

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G.I, Dep. of Per. & Trg., O.M. No.F.No.35034/3/2015-Estt.(D), dated 28.09.2016

Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees : Implementation of Seventh CPC recommendations.

The Modified Assured Career Progression Scheme was introduced with effect from 01.09.2008 in pursuance of the recommendations of the Sixth Pay Commission by this Department’s OM No.35034/3/2008-Estt(D) dated 19th May, 2009. Subsequently, clarifications/ FAQs were issued vide OM dated 16.11.2009, 09.09.2010, 01.04.2011, 13.06.2012, 04.10.2012 and 10.12.2014. These instructions are in force with effect from 01.09.2008.

2. The 7th Central Pay Commission (CPC) in para 5.1.44 of its report has recommended inter-alia as follows:

MACP will continue to be administered at 10, 20 and 30 years as before. In the new Pay Matrix, the employee will move to immediate next level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the Pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of Organised Group A Services.

3. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, the Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years as before. Further, Para 1 and 2 of the existing Scheme (Annexure to this Department’s OM No. 35024/3/2008-Estt.D dated 19th May, 2009) will be substituted by the following words:-

1. There shall be three financial upgradations under the MACPS as per 7th CPC recommendations, 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.

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

4. The 7th Central Pay Commission (CPC) in Para 5.1.45 of its report has interalia recommended as follows:

Benchmark for performance appraisal for promotion and financial upgradation under MACPS to be enhanced from ‘Good’ to ‘Very Good’.

5. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, Para 17 of the Scheme (Annexure to OM No.35024/3/2008-Estt.D dated 19th My, 2009) shall be substituted by the following words:-

17. For grant of financial upgradation under the MACPS, the prescribed benchmark would be ‘Very Good’ for all the posts.

6. These changes will come into effect from 25th July, 2016, i.e., from the date of resolution notified by Department of Expenditure, Ministry of Finance regarding acceptance of the recommendation of the 7th CPC.

7. The comprehensive MACP Scheme on acceptance of Seventh Central Pay Commission recommendations will be issued separately.

Click to view the original order

Authority: http://persmin.gov.in/dopt.asp

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Modified Assured Career Progression Scheme (MACPS)

MACP clarifications is given with useful illustrations for Defence Civilian Employees. This type of explanations is very useful to know and clarify the doubts of the new scheme. Wittingly to clear in the particular subject, because it is connecting with lifetime promotion of every employee.

This scheme for career upgradations to Central Govt. employees was introduced with effect from 1-09-2008 with introduction of revised pay rules 2008.

This scheme has replaced earlier scheme of Assured Career Progression Scheme of August 1999.

Under this scheme, an employee would get at least three career upgradations during his entire service on completion of 10,20 and 30 years of service.

Under this scheme an employee would be placed in next higher grade pay on completion of 10 years in previous grade and in case of no promotion has been offered to him.

a. Illustrations of Grant of MACP – Illustration – 1

In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with no promotion for 10 years,

1st financial upgradation after 10 years with GP-Rs.4600;
2nd financial upgradation after (10+10) 20 years with GP- Rs.4800;
3rd financial upgradation after (10+10+10) 30 years with GP- Rs.5400.

Illustration – 2

In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with first promotion after 5 years with GP of Rs. 4600,

The promotion will be considered as 1st financial upgradation;
2nd financial Up gradation after (5+10) 15 years with GP-Rs.4800;
3rd financial up-gradation after (5+10+10) 25 years with GP-Rs.5400.

Illustration – 3

In case of recruitment of an individual in Grade Pay (GP) of Rs.4200 with 1st promotion in 5 years with GP-Rs.4600 and 2nd promotion after 8 years,(5+8=13 years) with GP of Rs.4800,

He will get only 3rd financial up-gradation after (5+8+10) 23 years with GP-Rs.5400.

b. Norms for grant of MACP

The financial up gradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay.

The only 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.

However, if the financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in Para 17 of the scheme, the benchmark for promotion shall apply to MACP also.

c. Clarifications on MACP

If the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purposes of MACP.

Only the continuous regular service is counted towards qualifying service and the regular service shall commence from the date of joining in direct entry grade on the MACP envisages merely placement in the immediate next higher grade pay as given in Section1, Part A of first schedule of the CCS (Revised Pay) Rules 2008.

Financial upgradation will also be admissible whenever a person has spent 10 years in the same grade pay.

Only regular service rendered in the Central Government Department/Office would be counted for the purposes of grant of MACP.

All tenures spent on deputation, Foreign Service, study leave, all kind of leave, shall be included in the regular service.

d. The benefits of MACP are admissible upto HAG scale of Rs. 67000-79000.

All cases of grant of promotions/ACPs under pre-revised pay scales of Rs. 5000-8000, Rs. 5500-9000, Rs. 6500-10500 and Rs. 7400-11500 and if those merged w.e.f. 1-1-2006 would be ignored for purpose of grant of financial upgradation under the scheme.

Source: CGEN.in

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MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.

G.I., Dep. of Per. & Trg.,
O.M.No.35034/3/2008-Estt. (D),
dated 18.2.2015

 Subject:-MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES-instructions regarding,

 This Department on the recommendation of Sixth Central Pay Commission in Para 6.1.15 of its report and in supersession of previous Assured Career Progression Scheme, vide O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009 introduced the Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees which is operational w.e.f. 01.09.2008. MACP Scheme envisages the three financial upgradations at intervals of 10, 20 and 30 years of continuous regular service to all regularly appointed Group “A”, “B”, and “C” Central Government Civilian Employees.

2. As per para 6 of DOPT’s O.M. No. 35034/3/2008-Estt.(D) dated 19.05.2009, the Screening Committee would follow a time-schedule and meet twice in a financial year – preferably in the first week of January and first week of July of a year for advance processing of the cases maturing in that half. Accordingly, cases maturing during the first-half (April-September) of a particular financial year would 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 of any financial year would process the cases that would be maturing during the second-half (October-March) of the same financial year.

3. It has come to notice of this Department that the benefits of MACPS are not being granted as per the schedule/provisions in the MACP Scheme leading to dissatisfaction and grievances among the employees. Therefore, Ministries/Departments are advised to ensure strict compliance to the time limits indicated in MACPS for grant of benefits under this scheme as and when the employees become eligible for such benefits.

Source: www.persmin.gov.in

More orders on MACP Scheme

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