MACP for the Central Government Employees

Case Details:-

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

Matter raised:-

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

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

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

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

Findings:-

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

Judgement in view of discussions:-

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

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OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)
10-A, S. K. BOSE ROAD, KOLKATA – 700 001
Pay-Tech Section

No. Pay/Tech-I/01(7th CPC)MACP

dated: 01/12/2021

To
All CFAs

Subject: Clarification related to grant of financial upgradation under MACP schemes

A copy of HQrs_ Office letter No-Estt/Pay-Tech/ 7thCPC/Corr/Vol-l, dated 24/11/2021, on the above subject received at this end for information and regulation is forwarded herewith for information, guidance and compliance to all concerned, please.

Enclosure: As above

Accounts Officer (Fys)

7th CPC Latest Clarification on MACP Scheme by DoP&T issued vide CGDA letter

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt- 110010

No. Estt/Pay-Tech/7th CPC/Corr Vol-I

Dated: 24/11/2021

To

All PCSDA/ CsDA/ PC of A (Fys.)
(through email)

Subject: Clarification related to grant of financial upgradation under MACP

This HOrs. had taken up a case with DoP&T seeking clarification on the date from which financial upgradation under MACPS is to be granted in respect of an employee who had been found “Not Fit” by the initial Screening Committee due to not meeting the prescribed benchmark (based on APAR grading) but in subsequent year/ years he was recommended “Fit” by the Screening Committee after meeting the prescribed benchmark.

2. Clarification issued by the DoP&T vide its ID Note No. 1462926/21/CR dated 04.10.2021 is as follows:-

“The matter has been examined. It is clarified that due to the reason of the employee being declared ‘Unfit’ for not meeting the prescribed benchmark (based on APAR grading) by the initial Screening Committee and if the employee is recommended ‘Fit’ by the Screening Committee for subsequent year/years, on his meeting the prescribed benchmark, financial upgradation under MACPS would be granted to the employee from the date” of meeting of that Screening Committee, which has recommended him ‘Fit’ for grant of MACP. Further, this would have consequential effect of deferment of the subsequent financial Upgradation under MACPS in the extent the previous financial upgradation gets postponed.”

3. All related cases (including the cases settled earlier) may be regulated accordingly.

(G.K. Baranwal)
Sr. Dy. CGDA. (Estt)

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CGDA

Controller General of Defence Accounts
Ulan Batar Road, Palam, Delhi Cantt- 110010

No. AN-Pay-Tech/ 7th CPC/Corr /Vol-I

Dated: 17/09/2021

To

All PCSDA/ CsDA/ PC of A (Fys.)
(through email)

Subject: Point of doubt related to date of next increment after pay fixation on regular Promotion granted subsequent to financial upgradation under MACP Scheme.

This HQrs. had taken up the subject case for clarification with Ministry of Finance, Dept. of Expenditure. The point of doubt and clarification received from the Dept. of Expenditure vide its ID No. 03-27/2020-E.IILA dated 16.08.2021 are as follows:-

Point of Doubt:-

An individual was granted 1st financial upgradation in Level-4 under MACP scheme on 04.05.2020, he opted for pay fixation w.e.f. 01.07.2020 and earned his first increment on 01.01.2021. Thereafter, he was regularly promoted in Level-5 on 01.01.2021 and opted for pay fixation from this date itself. Whether the individual would be entitled for first increment on 01.07.2021 in terms of Dept. of Expenditure OM No. 4-21/2017-IC/E.IA dated 28.11.2019.

Clarification:-

“….. Ministry of Defence is informed that the genesis of the OM dated 28.11.2019 is the OM issued on 31.07.2018 which clearly provides that benefit of increment after completion of 6 months of service is to be given where fixation of pay is done in accordance with Rule 13 of CCS(RP) Rules 2016 on account of promotion or financial upgradation. However, at the time of regular promotion of the Government servant, pay has been fixed as per the provisions contained in Department of Personnel & Training’s OM dated 22.10.2019 which provides that pay fixed in the higher level of the Pay Matrix on account of promotion taking place after grant of MACP is merely done by placing the pay at a Cell equal to the figure being currently drawn or to the immediate higher Cell, if equal Cell is not available. In other words, the pay at the time of promotion is not fixed in terms of Rule 13 of the CCS (RP) Rules, 2016 as no increment is being given on such promotion. Therefore, the benefit of this Department’s OM dated 31.07.2018 and 28.11.2019 is to be given where the pay fixation is done in accordance with Rule 13 of the CCS (RP) Rules 2016.”

2. All related cases (including the cases settled earlier) may be regulated accordingly.

(Rajeev Ranjan Kumar)
Dy. CGDA (AN)

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Court Matter
By FAX/Speed post

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

New Delhi, 13th May, 2020.

To,

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

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

Sir,

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

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

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

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

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

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

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

Yours faithfully,

(Gaurav Shukla)
Under Secretary to the Government of India

The post Grant of 3rd MACP in the grade pay of Rs.6600 – Filing Transfer Petitions before the Hon’ble CAT, PB, New Delhi appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

The post MACP guidance as per recommendations of the 7th CPC appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Shiva Gopal Mishra
Secretary

No.NC-JCM-2014/MACP

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

Sub:- Financial upgradation in the next promotional grade Hierarchy under MACP

Ref:- Your letter No. P-l3025/11/2014-AT dated 4.4.2014
Your letter No. P-26012/5/2011-AT dated 19.8.2013
[See also: Grant of MACP on Promotional Hierarchy only to petitioner on personal basis not the treated as a precedent ]

Dear Sir,

You have granted financial upgradation to Shri Rajpal in the Promotional hierarchy under MACP in compliance of direction of Hon’ble Central Administrative Tribunal Chandigarh Bench dated 31.5.2011 in O.A. No. 1038/CH/2010 Rajpal Vs UOI & Others.

You have treated it as a judgment in personum and not a judgment in rem so far as other employees covered under MACP are concerned.

Your plea is that SLP No. 7967/2013 filed by the Department / Government against the judgment of Hon’ble High Court Chandigarh in C W P No.l938/2011 was discussed on technical grounds and not on merit in this case. The ground was insufficient explanation given to condone the delay in refilling the SLP.

In this connection I may bring to your kind notice that Supreme Court in catina of cases (i. e. G.C. Ghosh Vs UoI [(1992) 19 ATC 94 SC] dated 20.7.98) has ruled that decision taken in one specific case either by the judiciary or the Government should be applied to all identical cases (i.e similarly circumstanced) without forcing other employees to approach the Court of law for identical remedy or relief.

Since whether MACP should be granted to next promotional hierarchy or next grade pay hierarchy is a common issue applicable to all Government employees the decision in the case of Rajpal should be made applicable to all Government employees who are granted financial upgradation under MACP.

Since you have already granted MACP in next promotional hierarchy to Rajpal it has been absolute and has to be implemented in the case of all Government employees who are similarly placed under MACP.

I, therefore, request you to reconsider and suitably modify the MACP Scheme providing for financial upgradation in the promotional hierarchy.

Thanking you,

Copy to Shri Sadhu Singh, Member, National Council (Staff Side) – JCM Organizing Secretary / BPMS with reference to their letter No. BPMS/MACPS/ 64 (7/3/M) dated 5.5.2014 (received by mail)

Source: http://bpms.org.in/documents/macp-5wt6.pdf

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ALL INDIA RAILWAYMEN’S FEDERATION
4, STATE ENTRY ROAD, NEW DELHI, INDIA

No.AIRF/PNM/4/2011(154)

Dated: September 2, 2013

The Member Staff,
Railway Board,
New Delhi
Dear Sir,
Sub: Grant of financial upgradation under MACPS to Pharmacists

Pursuant to decision, taken in the National Council(JCM) in respect of Pharmacists, to place them in Grade

Pay of Rs.4200(PB-II) on completion of two years’ regular service without insisting on any Selection/ Suitability Test etc., who are initially recruited in PB-I with GP Rs.2800, All India Railwaymen’s Federation vide letters dated 22.02.2012, 24.04.2012 and 04.05.2012 have been persistently demanding that the initial recruitment grade of the Pharmacists needs to be taken as Grade Pay Rs.4200(PB-II) in place of G. Rs.2800(PB-I) for the purpose of granting financial upgradation under MACPS.

AIRF has repeatedly contented that considering the educational qualification, prescribed for the Pharmacists, which is 10+2(with PCM) + Diploma in Pharmacy with Experience, it was rightly decided to place them in PB-II with GP Rs.4200 just after formal completion of two years’ regular service, which should not be construed as “Promotion” for the purpose of financial upgradation under MACPS as they are not required to undergo any Selection/Modified Selection/Suitability Test etc. while placing them in PB-II with GP Rs.4200.

AIRF is, therefore, of the firm view that the aforesaid placement of the Pharmacists in PB-II with GP Rs.4200 on completion of two years’ service can no way be treated as “Promotion” while granting them benefit of financial upgradation under MACPS.

It is, therefore, urged that, in case of Pharmacists, the recruitment grade should be considered as PB-II with GP Rs.4200 instead of PB-I GP Rs.2800 for the purpose of granting them benefit of financial upgradation under MACPS and necessary clarification to this effect may be issued to all the Railway administrations for immediately implementing the same under advise to this office.

An early action in the matter shall be highly appreciated.

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

Source : AIRF

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GOVERNMENT TO GO FOR REVIEW ON HIERACHIAL GRADE PAY?

When all Government Servants are anxiously waiting to hear a decision from the Government in regard to grant of grade pay in promotional hierarchy at the time of 1st/2nd Financial upgradation as per the CAT, Principal Bench Judgement, it is given to understand that the government is opting to go for judicial review.  The government instead of implementing the judgement gracefully, which will benefit the employees in general and particularly the employees at lowest rung.

It is a fact that grant of Hierarchical grade pay is detrimental to the interest of employees.  The Hon’ble CAT has rightly observed and opined that any new scheme brought in place of old one should be beneficial than that that of the existing one.  It is quite unfortunate that that the government, instead of sticking to  its guns, should have implemented the judgement as it benefits the employees at lowest rung.

It is high time that the Confederation of Central Government Employees to take up the issue at appropriate level for implementation.  It is pathetic to note that the confederation is not raising its voice even today on any issue pertaining to LDCs.

No one can deny the fact that injustice took place while framing the Grade Pay structure at lowest rung.  Better late than never.  It is appealed to all  leaders to put their minimum effort in implementing the CAT Judgement which will benefit maximum number of employees.

Source : www.airtvadmin.blogspot.in
[http://airtvadmin.blogspot.in/2013/08/government-to-go-for-review-on.html]

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Dear friends,
The issues put up for discussion in the Confederation meeting on 22/07/2013 were not reflected in the minutes published in the Confederation web site and as such I discussed  the matter with Com M Krishnan, Secretary General(SG), Confederation over phone .  He informed me that the items put up by us have been discussed in the meeting and decided accordingly; but the same has not been incorporated in the minutes published in the web site. The details of the discussion/decision taken, as said by the SG, are given below:

LDC/UDC issue

The SG has said that due to the efforts of the Confederation, the matter has already been taken up by the  National JCM Staff side with the Government. The issue is being monitored by the National JCM Staff side at present.  In the light of the above the meeting discussed the matter and decided to remind the National JCM Staff side to accelerate the action for the implementation of the upgradation of Grade pay of LDC & UDC.

Granting of MACP on hierarchical basis:

According to the Secretary General, the meeting has decided to obtain legal position for implementation of the Principle CAT judgment for the entire Central Government Employees. Then the Confederation will write letters to the Government on the issue. The copy of the said letter will be published in our web site as soon as we receive the same.
The SG has said All other items put up by the Association has also been discussed in the meeting for which  letters have already been written by the Confederation. However, letters reminding the said correspondence will be sent to the Government again.

The minutes of the 22nd Meeting as published in the Confederation web site is given below:

CONFEDERATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS
(CENTRAL HEAD QUARTERS)
1st Floor, North Avenue Post office Building, New Delhi – 110001

Circular No. 2/2013                           Dated – 23.07.2013

NATIONAL SECRETARIAT MEETING
22.07.2013 – NEW DELHI

CONFEDERATION DECIDES TO TAKE STRIKE BALLOT FOR INDEFINITE STRIKE

Dear Comrades,

The first meeting of the National Secretariat of the Confederation was held at New Delhi on 22.07.2013. Com. K. K. N. Kutty, National President, presided. The following office bearers were present:

Com. S. K. Vyas (Advisor), Com. K. K. N. Kutty (President), Com. M. S. Raja (Working President), Com. Giriraj Singh (Vice President), Com. M. Durai Pandian (Vice President), Com. N. Somaiah (Vice President), Com. M. Krishnan (Secretary General), Com. K. V. Jayaraj (Asst Secretary), Com. Pijush Roy (Asst. Secretary) Com. Ishwar Singh Dabas (Asst. Secretary), Com. Vrigu Bhattacharjee (Financial Secretary), Com. G. Mani Achari (Org. Secretary) Com. R. P. Singh (Org. Secretary) Com. Arup Chatterjee (Org. Secretary).

The following office bearers applied for leave/expressed their inability to attend:

Com. R. N. Parashar (Asst. Secretary) Com. C. P. Sobhana (Org. Secretary) Com. Venkata Subramanian (Org. Secretary), Com. K. P. Rajagopal (Secretary)

The following office bearers could not reach due to train late/cancellation:

Com. T. Narasimhan (Vice President), Com. B. Krishna Gaud (Asst. Secretary), Com. Nilesh D. Nasare (Org. Secretary) Com. P. Suresh (Org. Secretary) Com. V. Nageswara Rao (Org. Secretary), Com. T. Satyanarayana (Org. Secretary), Com. T. K. R. Pillai (Auditor).

The following comrades were absent:

Com. Ashok B. Salunke (Vice President), Com. Ashok Kumar Kanojia (Org Secretary) Com. R. Seethalakshmi (Org. Secretary), Com. Y. Purohit (Org. Secretary).

Before Commencement the meeting paid homage to Late Com. Samar Mukherjee, Ex-MP and Veteran Parliamentarian by observing two minutes silence.

Com. S. K. Vyas, Advisor, in his opening remarks, explained the background of events which led to the formation of a Joint Council of Action of Railway (AIRF) Defence (AIDEF) and Confederation and also pointed out its weaknesses and limitations. He stressed the need to further strengthen the unity. He opined that on the 15 point charter of demands, Confederation must conduct its own independent campaign and agitational programmes. If the Railway and defence Federations come forward for serious agitational programmes including indefinite strike we must join such campaign and strike action.

Com. K. Raghavendran, Ex-Working President, Confederation also addressed the meeting. Thereafter discussion on all agenda items took place.

The following are the main highlights and decision of the National Secretariat meeting

1.      Review of 24th National Conference held at Kolkata from 4th to 6thMay 2013

Com. M. Krishnan, Secretary General made a brief presentation of the Conference proceedings, which was approved by the house after discussion.

2.      15 Pointes charter of demands and future course of action.

The meeting decided to organize independent campaign and agitational programmes culminating in indefinite strike. The specific decisions were:
(i) To organize state level joint strike conventions of C-o-C with the participation of all affiliated unions/Associations/Federations during the month of August 2013. Whereever the C-O-C functioning is not satisfactory or has no participation of district units, efforts must be taken to revamp the committee.
(ii)  To organize mass Relay dharna at different places in all important stations during the first week of September 2013 (from 02.09.2013 to 07.09.2013).
(iii)To conduct nationwide strike ballot during the last week of September 2013 (On 25, 26 and 27th September) Model of the ballot will be sent later.
(iv)To convene the Central Working Committee/Central Executive committee meetings of all affiliated unions/Associations/Federations before the 1st week of October 2013. All India Office Bearers of the Confederation may be invited to attend the meeting.

3.      Joint programme of AIRF, AIDEF and Confederation:

It was decided to make all out effort to further strengthen the Joint council of action (JCA) and also to launch serious agitational programmes culminating in indefinite strike before December 2013.

4.      Formation of State Committees and District Committees

It was decided to reorganize the COCs which are defunct or not functioning satisfactorily. This is to be done when the state level strike campaign conventions are organized. Participation of representatives of all affiliates should be ensured in the conventions.

5.      Conducting of All India Mahila Convention of the Confederation.

It was decided to conduct two day’s All India Mahila Convention at New Delhi in the 3rd week of October 2013. C-O-C Delhi has agreed to host the Mahila Convention. Delegate fee shall be Rs.600/- per delegate. Participation of maximum number of Lady comrades from all states/affiliates should be ensured.

6.      Organising Trade Union Education Camp:

It was decided to hold the Trade Union Education Camp at Mumbai in November/December 2013. Number of participants shall be 150 (maximum). Delegate fee Rs. 600/- per delegate Postal, ITEF, Audit & Accounts and Atomic Energy delegates accommodation shall be arranged by their respective Federations. C-O-C Mumbai shall function as the Reception committee. Date and Venue will be intimated later.

7.      Publication of journal

Decided to publish a monthly journal. Name of the journal shall be “CONFEDERATION NEWS” (subject to availability at RNI) Editorial Board shall consist of Com. S. K. Vyas (Advisor) Com. K. K. N. Kutty (President) Com. M. S. Raja (Working President) Com. M .Krishnan (Secretary General) com. K. P. Rajagopal (Secretary) and Com. Vrigu Bhattacharjee (Financial Secretary).

8.      Financial Review:

Financial Secretary shall present the actual picture in the next meeting. Meanwhile letters should be sent to all affiliated unions to remit the arrears of quota immediately.

9.      Letter from ITEF and reply

A letter received from Secretary General, ITEF and the reply given, regarding the election of new office bearers of the Confederation was presented in the meeting by the Secretary General, Confederation. It was decided to send an appeal letter to the ITEF requesting them to resolve the issue amicably.

10.  Affiliation to new organizations:

The application for affiliation received from the following two organisations was considered and it is decided to grant affiliation subject to their accepting the terms & conditions for affiliation.
(i)     Indian School of Mines Karmachari Sangh, Dhanbad.
(ii)   Song and Drama Division Employees Associations, New Delhi

11.  National Convention of Central Trade Unions on 6th August 2013.
The available National Secretariat members/leaders at Delhi will attend the convention on 6th.

President, Com. K. K. N. Kutty in his concluding remarks, briefed decisions taken in the meeting. The meeting ended at 5 PM.

IMPLEMENT THE DECISIONS

All office Bearers, State Committees, other C-O-Cs and Affiliated Unions/ Associations/ Federations are requested to implement the above mentioned decisions of the National Secretariat meeting, WITHOUT FAIL.

This may be treated as most urgent/important,

Fraternally yours,

(K. K. N. Kutty)                                                              (M. Krishnan)
President                                                                       Secretary General
Mob: 09811048303                                                         Mob: 09447068125

Source: http://aiamshq.blogspot.in/2013/07/decision-taken-in-22nd-july-national.html

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UPGRADATION OF GRADE PAY OF LDC & UDC-
LETTER TO HON’BLE PRIME MINISTER

ALL INDIA ASSOCIATION ADMINISTRATIVE STAFF(NG)
MINISTRY OF STATISTICS & PROGRAMME IMPLEMENTATION
GOVERNMENT ON INDIA

NSSO (FOD), Hall No. 201 & 205, Vijay Stumbh,
Zone I, MaharanaPratap Nagar,

No. 3/GS/2013

Bhopal,  20/06/2013

To
The Hon’ble Prime Minister,
Government of India,
New Delhi

Sub: Upgradation of grade pay of LDC & UDC in the Administrative branch of Government of India Offices.

Respected Sir,

With due respect it is to bring to your kind notice that the undersigned in the capacity as General Secretary of All India Association of Ministerial Staff (Group C) under the Ministry of Statistics & Programme Implementation, had made an appeal to your good office vide letter dated 16/04/2010(Enclosed in Annexure I) wherein it was described how the 6th Pay Commission recommendations disappointed the lakhs of LDC & UDC working in the Central Government Offices. Our contention was that while the 6th Pay Commission has recommended the merger of the various group D posts and upgraded the grade pay from 1400 to 1800, for the LDCs, only a replacement grade pay of Rs. 1900 i.e. just Rs. 100 above the MTS has been granted, even after raising the academic and technical qualification to get selected on the post. Moreover, all the pre-revised pay scales above UDC -from Accountant to Assistant Administrative Officer- have been merged and granted Rs. 4200 – 4600 grade pay. Thus the basic cadres who are responsible for the smooth functioning of the Central Government offices, especially in the subordinate offices, have ignored/neglected by the Pay Commission as well as the Government.

Considering the gravity of the subject contained in it the aforesaid appeal was forwarded to the Secretary, Department of Personal & Training for action vide PMO ID No. 4/3/2010-PMP4/158890 dated 18/05/2010 (Copy enclosed in annexure II). When any action on the matter has visibly been not taken by the DoPT till 2012, and having aggrieved on the prolonged delay, follow up correspondences have been made as follows

1.  Shri A.H. Lokhande, Jabalpur has sought the action taken report under RTI (copies enclosed in Annexure III (A) & III(B). But both CPIO & appellate authority vide letter No. 20/2/2012-Estt(Pay-1) dated 29Aug 2012 & letter No 20/2/2012-Estt(Pay-1) dated 23rd Oct 2012 respectively have confirmed that the said letter has not received at  DoPT and as such no action taken report can be given(copies enclosed in Annexure IV(A) & IV (B).

2.   Subsequently, the undersigned has obtained a copy of the acknowledgement in confirmation of the receipt of my letter dated 16/04/2010 at DoPT from the PM’s Office. In the light of the said acknowledgement, a letter seeking the copy of the action taken report/Noting drafting under RTI was sent to the CPIO DoPT vide letter dated 09/03/13 (Copy enclosed in Annexure V (A)-V(E).

3.   On 25th April 2013 I have received a letter from CS Section of DoPT (Annexure VI), which has not given the pointed reply I sought, and as such the same was not convincing. And accordingly an appeal was sent to the appellate authority under RTI act vide letter dated 29/04/2013 for which I have received a letter vide letter No. 20/1/2013-CS-II (B) dated 21st May 2013.(enclosed in Annexure VII (A) & VII(B)  wherein it was informed that “CS-II Division deals only with the LDCs & UDCs of the Central Secretariat Service and as such no records available CS-II Division, there is no proposal to upgrade the grade pay of the LDC & UDC of CSCS Cadre. The application of Shri A.H. Lokhande has not been received in this Division”. Accordingly an order for the disposal of the appeal has been passed.

From the above it is clear that the letter received in the DoPT from the PM’s office has not taken in the records of DoPT where it appears to have been  misplaced which led CPIO and appellate authorities  to state that no such letter is received at DoPT from the PM’s Office. In this respect, even after submitting/providing the proof the acknowledgement of the said letter (obtained from the PM’s Office), DoPT has not bothered to change their version. Moreover, the copies of the applications submitted by Shri A.H. Lokhande have been supplied and even after CS-II division has not changed their version of not receiving any letter from Shri A.H. Lokhande.

Above all, both Shri A.H. Lokhande and myself have sought information regarding the action taken report/noting/drafting in disposal of the letter forwarded to the Secretary, DoPT by the PM’s office vide letter No. 4/3/2010-PMP4/158890 dated 18/05/2010. In reply, the CPIOs and Appellate authorities (pay Division & CS-II Division) have been informing us that the said letter is not received in their section and as such no action is taken.

Sir, the Confederation of Central Government Employees & Workers, All India Railway men’s Federation, National Federation of India Railway men, the Defense Employees Federation and various other Central Government Employees’ Organizations have been writing to the Government to consider the upgradation of the grade pay of the LDC & UDC. Besides, the issue has been put up in the National JCM but the matter could not be discussed as the meeting of the National JCM meeting has not been called so far. Moreover, this item has been placed in the National Anomaly Committee (NAC) but the same has not been taken up for discussion in the NAC so far. It is also bring to your kind notice that all the websites related to the Central Government Employees have actively been discussing the issue as genuine.

Sir, the upgradation of the grade pay of LDC & UDCs is a genuine issue. Cases of all cadres baring the LDC & UDC were considered and favorable decision was taken by the 6th CPC. Similarly, the LDC and the UDC are also deserving  higher grade pays than the present one, to commensurate with the qualifications and assignments attached to these posts after the implementation of the recommendations of the 6th Pay Commission.

In view of the above, we seek your kind intervention to get a favourable decision in this   regard.

Encl:    As above

Yours faithfully

(TKR Pillai)
General Secretary

Source : www.aiamshq.blogspot.in
[http://aiamshq.blogspot.in/2013/06/all-india-associationadministrative.html]

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