Railway Board has given as reply to NFIR regarding that the clarification on promotion under MACP to Draftsman in Railways. The letter is reproduced and given below for your ready reference…

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.PC-V/2011/M/4/NFIR

New Dlehi, dated 10.06.2013

The General Secretary
NFIR
3, Chelmsford Road,
New Delhi – 110055

Sub:-Recommendations of 6th CPC-MACP Scheme regarding.

The undersigned is directed to refer to NFIR’s letter No. IV/MACPS/09/Pt-6, dated 23/05/2013 and to state that the matter has been examined in consultation with DoP&T, the nodal Department of Government on MACP Scheme has been clarified that the incumbents of the lower post CANNOT be treated as initially appointed in the upgraded post just because the two lower rungs of the promotional hierarchy have been abolished under two consecutive cadre restructuring. In fact, it is the post which are upgraded.  The incumbent’s appointment to the upgraded post is by way of promotion only.

Accordingly, the employees who had joined the post of Tracers on direct recruitment basis with matric as recruitment qualification for the post, have already earned two promotions by reaching Sr. Draftsman post (re-designated as JE-II), first promotion as Assistant Draftsman and 2nd promotion as Senior Draftsman / JE-II, either in normal course or as a result of Board’s instructions dated 25-06-1985 and 28.09.1998 respectively. Thus such employees are entitled for 3rd financial upgradation only subject to fulfilment of other terms and conditions as related therewith, provided that they have not earned any further promotions.

Yours faithfully,
sd/-
for Secretary/ Railway Board

Source : NFIR

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Frequently Asked Questions (FAQS) on the Policy of Reservation to SCs STs and OBCs :

Q.1 : What is the Government on reservation for SCs, STs and OBCs?

And; Reservation to the SCs. STs and OBCs in case of direct recruitment on all India basis by open competition is given at the rate of 15%, 7.5% and 27% respectively. In case of direct recruitment on all India basis otherwise than by open competition, reservation for SCs. STs and OBCs is 16.66%, 7.5% and 25.84% respectively. In case of direct recruitment to Group C and D posts which normally attract candidates from a locality or a region, percentage of reservation for SCs/STs is generally fixed in proportion to the population of SCs and STs in the respective States/UTs. For OBCs it is fixed keeping in view the proportion of their population in the concerned State/UT and the fact that total reservation for SCs/STs/OBCs remains within the limit of 50% and reservation for OBCs remains within the limit of 27%.

Reservation in promotion by non-selection method is available to SCs and the STs in all groups of services viz. A, B, C and D at the rate of 15% and 7.5% respectively. In case of promotion by selection method reservation is available upto the lowest rung of Group ‘A’ at the same rates.In promotion by selection to posts within Group ‘A’ which carry an ultimate salary of Rs. 18,300/- or less (in pre-revised scale), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

Q.2 What are the key provisions of Reservation Policy?

Ans: Following are the key provisions of Policy of Reservation for SCs, STs and OBCs:

(i) SCs/ STs get reservation in all groups of posts under the Government in case of direct recruitment and in case of promotions made by non-selection method. In case of promotions made by selection, reservation is available to them when promotions are made in Group B, C, D posts and from Group B to the lowest rung in Group ‘A’ posts.

(ii) SC/ST/OBC candidates appointed by direct recruitment and SC/ST candidates also promoted on their own merit are adjusted against unreserved posts.

(iii) In promotion by selection to posts within Group ‘A’ which carry an ultimate salary of Rs. 18,300/- or less (pre-revised), there is no reservation, but the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, would be included in that list provided they are not considered unfit for promotion.

(iv) There is a general ban on dereservation of posts in case of direct recruitment.

(v) In case of direct recruitment various relaxations, like relaxations in age limit by 5 yerar; exemption from payment of examination/application fees; relaxation in qualification of experience at the discretion of UPSC/competent authority; relaxation in standard of suitability, etc. are available to members of SCs and STs.

(vi) In case of direct recruitment, OBCs get relaxation of 3 years in upper age limit, relaxation in standards of suitability, etc.

(vii) In case of promotion, zone of consideration is extended upto five times the number of vacancies in case suitable candidates are not available within normal zone of consideration; minimum qualifying marks/ standards of evaluation are relaxable; upper age limit is relaxable by five years where upper age limit for promotion is prescribed not more than 50 years.

(viii) There is a provision of appointment of liaison officers in all Ministries/ Departments to ensure proper implementation of reservation policy.

Q. 3: What are the relaxations available to SCs/STs?

Ans:The relaxations that are available for the SCa and STs in direct recruitment are as follows:-
a) Relaxation in the upper age limit by five years;
b) Exemption from payment of examination / application fees;
c) Where interview is a part of the recruitment process, SC / ST candidates should be interviewed separately;
d) Qualification regarding experience can be relaxed in respect of SC / ST candidates at the discretion of UPSC / Competent Authority;
e) Standards of suitability can be relaxed etc.
The relaxations that are available for the SCs / STs in promotions are as follows:-
a) The zone of consideration is extended to five times the number of vacancies in case suitable SC / ST candidates are not available within the normal zone of consideration;
b) Minimum qualifying marks / standards of evaluation are relaxable;
c) Upper age limit relaxable by five years where upper age limit for promotion is prescribed not exceeding fifty years. etc.

Q.4. What are the relaxations available to OBCs?

Ans: Relaxations available to OBCs in direct recruitment are as follows:
(i) Relaxation in the upper age limit by 3 years.
(ii) Qualification regarding experience can be relaxed at the discretion of Competent Authority.
(iii) Standards of suitability can be relaxed, etc.

Q.5. Who is an own merit candidate?

Ans: A candidate belonging to SC/ST/OBC who is selected on the same standard as applied to general category candidates and who appears in the general merit list is treated as own merit candidate. Such candidate is adjusted against unreserved point of the reservation roster. Department of Personnel and Training O.M. No.36011/1/98-Estt.(Res.) dated 1-7-1998 clarifies that only such SC/ST/OBC candidates who are selected on the same standard as applied to general candidates shall not be adjusted against reserved vacancies. In other words, when a relaxed standard is applied in selecting an SC/ST/OBC candidate, for example in the age limit, experience qualification, permitted number of chances in written examination, extended zone of consideration larger than what is provided for general category candidates, etc., the SC/ST/OBC candidates are to be counted against reserved vacancies. Such candidates would be deemed to be unavailable for consideration against unreserved vacancies.

Q.6. What is the difference between post based reservation and vacancy based reservation?

Ans: Reservation to SCs. STs and OBCs prior to 2.07.1997 was implemented through vacancy based rosters in which case calculation of reserved vacancies depended on the total number of vacancies to be filled. The Supreme Court in the case of R.K. Sabharwal held that reservation in a cadre should be calculated on the basis of total number of posts in the cadre and not the vacancies. It means that if reservation for SCs is 15% and cadre strength in a grade is 100, 15 posts will be reserved for SCs i.e. at any point of time 15 posts in this cadre should be held by SCs appointed by reservation. Whenever their representation comes down, it would be completed.

Q.7: What is a Backlog vacancy and why are so many backlog vacancies in services?

Ans: Backlog Revered Vacancies of a category are those vacancies which were earmarked reserved for that category in and earlier recruitment year but remained unfilled in the previous recruitment attempt on account of non-availability of suitable candidates belonging to that category and are still lying unfilled.
As per instructions issued by the DoP&T, if sufficient number of suitable SCs, STs and OBC candidates do not become available to fill up the vacancies reserved for them in the first attempt of recruitment, a second attempt is made for recruiting suitable candidates belonging to the concerned category in the same recruitment year or as early as possible before the next recruitment year so that backlog reserved vacancies are not created. However, even after making such efforts the reserved vacancies are not filled up and backlog vacancies are created which are carried forward to the subsequent recruitment year, in which concerted efforts are made to fill up the backlog reserved vacancies as soon as possible.
It may be observed that reason of creation of backlog reserved vacancy is non-availability of reserved category candidates for some posts.

Q.8 Whether the ceiling of 50% reservation would apply to backlog reserved vacancies of SCs, STs and OBCs.

Ans. Backlog reserved vacancies are treated as special and distinct group and ceiling of 50% reservation in a recruitment year does not apply to backlog reserved vacancies.

Q.9 What is the policy of Government about appointment of less qualified SCs, STs and OBCs candidates?

Ans: Instructions provide that in direct recruitment whether by examination or otherwise, if sufficient number of Scheduled Caste candidates are not available on the basis of the general standard to this community should be selected to fill up the remaining vacancies reserved for them provided they are not found unfit for such post or posts. Thus, to the extent the number of vacancies reserved for Scheduled Castes cannot be filled on the basis of general standard, candidate belonging to SC community are taken by relaxed standard to make up the deficiency in the reserved quota, subject to the fitness of these candidates for appointment to the post/posts in question.

In addition to the concession referred to above, instructions further provide that in cases where the requisite number of SC candidate fulfilling even the relaxed standards admissible in their cases are not available to fill the vacancies reserved for them in non-technical and quasi-technical Group C and D services/posts required to be filled by direct recruitment otherwise than by written examination, the selecting authorities should, to the extent of the vacancies reserved for SC. select for appointment the best among the SC candidates who fulfil the minimum educational qualification laid down in the notice for recruitment of advertisement. In order to bring such candidates to the minimum standard necessary for the posts and for the maintenance of efficiency of administration, they should be given in-service training.

Where some period of experience is prescribed as an essential qualification for direct recruitment to a post, an where, in the opinion of the Ministry/ Department concerned, the relaxation of the experience qualification is not inconsistent with efficiency, a provision is inserted under the “essential qualification’ in the relevant recruitment rules to the effect that UPSC/ Competent Authority may relaxed the experience/qualification in the case of SC/ST/OBC candidates.

Q.10. Why there is no reservation in case of promotion within Group A?

Ans: Reservation to SCs and STs is available at all levels in the matter of promotion by non-selection method. In case of promotion by selection they get reservation up to the lowest rung of Group ‘A’. Though there is no reservation in promotion by selection within Group A, in ease of promotion by selection from a Group ‘A’ post having a maximum salary of Rs. 18,300/- or less( in pre-revised scale), the Scheduled Caste/Scheduled Tribe officers who are senior enough in the zone of consideration for promotion so as to be within the number of vacancies for which the select list is to be drawn up, are included in that list provided they are not considered unfit for promotion. Thus sufficient care is taken to ensure that the SC/ST officers get promotion to such higher posts even if they do not meet the criterion laid down for general category candidates.

The Supreme Court in Indra Sawhney’s case had declared reservation in promotion ultra virus. However, in order to continue reservation in promotion, the 77th Amendment was made to the Constitution incorporating clause (4A) in Article 16 of the Constitution which enabled the State to continue reservation in promotion. The statement of Objects and Reasons of the Constitution (Eight-Sixth Amendment) Bill which became the Constitution (77th Amendment) Act, stated that the object was to continue the then existing dispensation. Since reservation in promotion was not available when promotions were made by selection within Group ‘A’ posts even before the judgment of the Supreme Court in Indra Sawhney case, the Department’s O.M. dated August 13, 1997 issued in pursuance of Article 16 (4A) has restored the previously existing dispensation, which did not provided for reservation in promotion by selection within Group ‘A’ posts.

Q.11 What is the objective behind the issuance of caste certificates to Scheduled Casts and Scheduled Tribes?

Ans. The main objective of issuance of caste certificate is to facilitate access of bonafide candidates belonging to the Scheduled Castes Scheduled Tribe and Other Backward Class to the reserved posts and services under the State and other facilities provided by the State to them.

Q.12. Whether the Government have achieved the objective behind the issue of caste certificate?

Ans. On the basis of caste certificates, large number of reserved category candidates have been able to secure employment in Government establishments, PSUs, Banks, autonomous bodies ets.; secure admissions to educational institutions; and get other facilities provided by the Government to the members of Scheduled Castes. Scheduled Tribes and Other Backward Classes.

Q.13 What is the procedure for issuing of Scheduled Caste/Scheduled Tribe/other Backward Class certificates? Who is the competent authority to issue the same?

Is any other authority other than specified, in any circumstances allowed to issue such certificates, If so, elaborate.
Ans. The instructions contained in this Department’s OM No.36012/6/88-Estt.(Res.) dated 24.4.90 and OM No.36012/22/93-Estt,(Res.) dated 15.11.1993 provide the Authorities who are competent to issue of caste certificates and also the proforma However, the Central Government accepts the certificates issued only by the following authorities in the prescribed proforma:
(1) District Magistrate / Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/1st class stipendiary Magistrate/Sub Divisional Magistrate/Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner.
(2) Chief Presidency Magistrate/Additional Chief Presidency Magistrate/Presidency Magistrate.
(3) Revenue Officer not below the rank of Thasildar and
(4) Sub-Divisional Officer of the area where the candidate and /or his family normally resides.

Q.14 What are the guidelines that have been issued to the appointing authorities in regard to scrutiny and verification of caste certificates of candidates at the time of their entry into Government service?

Whether the present guidelines on the subject are fool proof so that genuine SC/ST are not deprived of their Constitutional rights.

Ans. The Government of India has issued instructions regarding scrutiny and verification of the caste certificates of the candidates at the time of initial appointment and at every important upturn of employee’s career. This Department re-iterated the instructions vide O.M. No.36011/3/2005-Estt.(Res.) dated 9th September 2005.

Q.15 What are the guidelines in case of migration of a reserved category person from one state to another State?

Ans. When a person migrates from the portion of the State in respect of which his community is Scheduled to another part of the same State in respect of which his community is not scheduled, he will continue to be deemed to be a member of the Scheduled Caste or the Scheduled Tribe or the Other Backward Class, as the case may be in relation to that State; When a person who is a member from one State to another, he can claim to belong to a Scheduled Caste or a Scheduled Tribe only in relation to the State to which be originally belonged and not in respect of the State to which he has migrated.

Q.16 What action is taken when complaints are received about the genuineness of caste certificate once the appointments have been given or on detection of a prima facie case of a false SC/ST certificate at any stage of employment? Is there a set procedure to be followed for punish in such an employee?

Ans. The instructions contained in The Department of Personnel & Training’s O.M. No.11012/7/91-Estt.(A) dated 19-5-93 provide that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc. for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he in a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Govt. Servant, an inequity as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges ar proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed. Necessary action may also be taken under the provisions of the IPC for priduction of false certificates.

Q. 17 What is ‘Creamy Layer’ amongst OBCs?

Ans. The Supreme Court in Indra Sawhney case has unheld 27% reservation for OBCs in civil posts and services under the State subject to exclusion of socially advanced persons/ sections (creamy layer) from OBCs within 4 months form the date of judgment.
2. Following the above judgment of the Supreme Court, the Government had constituted an Expert Committee to make recommendations on the socio-economic criteria to be adopted for excluding the creamy layer amongst OBCs. The report of the Expert Committee was considered and accepted by the Government and the categories of the persons/ selections to be excluded from the purview of reservation orders for OBCs were notified in the Schedule to the OM dated 8.9.1993 issued by this Department. Initially, the Income limit of ‘creamy layer’ vide the aforesaid O.M. for exclusion of reservation was fixed Rs. 1 Lakh.
3. Last time, this income ceiling was revised from Rs.2.5 lakh to 4.5 lakh vide OM No.36033/3/2004-Estt.(Res.) on 14.10.2008.

Q.18 What is the criteria to determine the ‘creamy layer’ amongst OBCs Employees working in PSUs?

Ans. The criteria prescribed for determining creamy layer status of some and daughters of persons in Government service mutatis mutandis applies to the sons and daughters of persons holding equivalent or comparable posts in PSUs, Banks, Insurance Organisation, Universities etc. and also holding equivalent or comparable posts and positions under private employment. The creamy layer status of the sons and daughters of employees of organizations where evaluation of the posts on equivalent or comparable basis has not been made is determined on the basis of ‘Income/ Wealth Test’ given in the Schedule. The income/ wealth Test prescribes that the gross annual income of Rs. 4.5 lakh or above or possessing wealth above the exemption limit as prescribed in Wealth Tax Act for a period of three consecutive years would be treated to fall in creamy layer.

Source: www.persmin.nic.in

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Courtesy : www.govtenews.com
Source: www.indianrailways.gov.in

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Railway Board Orders : AIRF published an one more important clarification order on MACP Scheme for Railway employees, which was issued by Railway Board on 12th October, 2012. We are placing the order here for your information…

S.No. PC-VI/299
No. PC-V/2009/ACP/2

The General Manager/ OSDs/CAOs(R),
All Indian Railways & PUs
(As per mailing list)

Source: AIRF

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Department of Personnel and Training has once again published some more clarifications on the Scheme of MACP as FAQ.

This Department has already issued an clarification order recently and besides there were some more doubts on the scheme to implement to the employees of Central Government, these clarifications may be used to clear to give upgradation under the scheme.

We have reproduced the content of the order and given for your ready reference here.

Department of Personnel & Training
Establishment D Section
Frequently Asked Questions (FAQs) on
Modified Assured Career Progression Scheme (MACPS)

The post DOPT ISSUED CLARIFICATIONS AS FAQ ON MACP SCHEME appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

1. What is Modified Assured Career Progression Scheme (MACPS) ?
The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme. Under the MACP Scheme three financial Up-gradations are allowed on completion of 10,20,30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008, in case no promotion has been earned by the employee during this period.

2. From which date the MACPS is effective?
The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)

3. Who are entitled for financial under the MACPS?
The MACPS is applicable to all Central Government Civilian Employees.

4. What norms are required to be fulfilled while granting the benefits under MACPS?
The financial upgradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only 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. However, where 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.
O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010

5. Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS?
Yes.
OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010

6. Whether the promotions in same grade would be counted for the purpose of MACPS?
The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However 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 purpose of MACPS.

7. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?
The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS.
(OM No.35034/3/2008-Estt. dated 9.9.2010)

8. Whether adhoc appointment would be counted towards qualifying service for MACPS?
No. Only continuous regular service is counted towards qualifying service for the purpose of MACPS. The regular service shall commence from the date of joining of a post in direct entry grade on a regular basis. (Para 9 of the MACPS)

9. Whether State Government service shall be reckoned for the purpose of MACPS?
No. Only regular service rendered in the Central Government’s Department/Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)

10. What are the periods included in the regular service?
All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. (Para 11. MACPS)

11. How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies?
Procedure prescribed in OM No.35034/3/2010- Estt(D),Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.

12. Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?
Yes. Since the benefits of ACPS have been discontinued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.

13. Whether the past continuous regular service in another Govt.Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular service for the purpose of MACPS?
Yes. ( Para 9, MACPS)

14. Upto what grade pay the benefits under the / MACPS is allowed?
The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)

15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?
The cases would be regulated in accordance with para 5 of Annexure-I of MACPS. The Ministries/Departments are expected to re-organise cadres and frame common RRs for the post in merged scales.

16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS?
Yes, in terms of para 8.1 of Annexure-I 01 MACPS dated 19.05.2009.

17. Whether time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS?
No. ( Para 13 of MACPS)

18. Whether Staff Car Drive Scheme can run concurrently with MACPS?
DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option

19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?
No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees . The placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.

20. Whether designation classification or higher status would change on account of financial upgradation under MACPS?
There shall be no change in the designation classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the Scheme is purely personal and merely placement in the nexl higher grade pay. (Para 16 of Annexure-l of MACPS refers)

21. If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation?
Yes, this would have consequential effect on the subsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)

22. Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS?
No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS.
Para 10 of OM dated 19/5/2009

23. Whether the regular service rendered by an employee if declared surplus in his/her organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS?
Yes. (refer para 23 of Annexure-l of MACPS)

24. In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS?
Yes. OM No.35034/3/2008-Estt(D) dated 01/11/2010

25. If a regular promotion has been offered but was refused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a Government servant?
If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been 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 the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.( Para 25 of MACPS)

Source: www.persmin.nic.in

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