According to the current MACP rules, benefits under the MACPS cannot be given in the promotional hierarchy and must instead be granted in the standard hierarchy of Grade Pay/Pay Levels in the Pay Matrix.

Latest MACP orders from DoPT

F.No .22034/4/2020-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

OFFICE MEMORANDUM

North Block, New Delhi -110001
Dated: 05th April, 2021

Subject: Order of Hon’ble Supreme Court of India dated 05.03.2020 in SLP (C) No.21803/2014 Uol Vs. M.V. Mohanan Nair & Ors. regarding benefits in the promotional hierarchy under MACP Scheme – other issues arising out of Order dated 05.03.2020 – regarding.

The undersigned is directed to refer to this Department’s O.M. of even number dated 23.03.2020, which was issued as per Order dated 05.03.2020 of the Hon’ble Supreme Court of India in SLP (C) No.21803/2014, UoI Vs. M.V. Mohanan Nair & Others wherein the Hon’ble Apex Court had held that benefits under the Modified Assured Career Progression Scheme (MACPS) cannot be granted in the promotional hierarchy and that it would be in the standard hierarchy of Grade Pay/Pay Levels in the Pay Matrix as per the existing MACP guidelines.

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

2. The Hon’ble Apex Court, in para 53 of aforementioned Order dated 05.03.2020, further directed that some anomalies, which were brought before the Joint Committee, constituted in the Department of Personnel & Training (DoP&T) to examine the MACPS, as indicated in paras 47 to SO of the Order dated 05.03.2020, be considered as deemed appropriate, and a decision was taken in accordance with the law.

3. Accordingly, in compliance with the directions of Hon’ble Apex Court, as indicated in paras 47 to 50 of the Order dated 05.03.2020, the issues arising out of deliberations of the Joint Committee constituted to examine the MACP Scheme, and which were not finally disposed of, have been examined in consultation with Department of Expenditure. It is also to be noted that revised guidelines on MACPS, as per recommendations of the 7th CPC, have been issued vide DoP&T’s OM No.35034/3/2015-Estt.(D) dated 22.10.2019.

4. The decisions taken on these issues, item-wise, are as follows:

Item No. 1: To provide Grade Pay of the next promotional post under the MACPS (Item No.1 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Item No. 2: Anomaly on the introduction of the MACPS – Option may be given to the employees to continue in the old ACP Scheme even after 01.09.2008 (Item No. 8 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Item No. 3: Continuation of the ACP Scheme beyond 31.08.2008 by giving an option to choose either benefit under the ACPS or the MACPS, whichever is more beneficial (Item No.3 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: The issue of grant of benefits in the standard hierarchy of Grade Pays/Pay Levels as per the MACPS guidelines has already been settled by the Hon’ble Apex Court in its Order dated 05.03.2020. Moreover, the matter of replacement of the ACPS with MACPS has also been settled by the Apex Court. As such, as clarified to the staff side vide letter dated 4.11.2013, the solution lies in cadre review to address issues relating to stagnation. Therefore, the demands of the Staff Side for grant of benefits in the promotional hierarchy or continuation of the ACPS beyond 31.08.2008 by giving the option to either choose between ACPS or MACPS, whichever is more beneficial; cannot be agreed to. Hence, action on these items is treated as closed.

Item No. 4: Revision of date of introduction of the MACPS (Date of Effect) – Date of effect of the MACPS to be made as 01.01.2006, instead of 01.09.2008 as provided in the scheme (Item No.2 of Minutes of the meeting of Joint Committee held on 27.07.2012).

Decision: The issue is presently sub-judice before the Hon’ble Apex Court in SLP Nos. 10811- 10813/2018 in the matter of Uol Vs. Ranjit Samuel. Hence, no decision can be taken at this stage. As and when the main and tagged cases are disposed of by the Hon’ble Apex Court, the decision would be communicated to all Ministries/ Departments.

Item No. 5: Applicability of the MACPS to Group ‘D’ employees who have been placed in the Grade Pay of Rs.1800/- in PB-I (Item No.4 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: It has been clarified in DoP&T’s O.M. No.35034/3/2008-Estt.(D) dated 16.11.2009 that promotions earned or upgradations granted under the ACP Scheme of August 1999, in the past to four pay scales (S-1, S-2, S-2A, and S-3), which now carry the grade pay of Rs.1800/-, shall be ignored for the purpose of the MACPS. Therefore, no further action is required. Hence, the item is treated as closed.

Item No. 6: Counting of 50% of service rendered by casual labor who attained a temporary status for reckoning the 10, 20, and 30 years of service under the MACPS (Item No.5 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: As per para 5(v) of the Appendix pertaining to the Casual Labourers (Grant of Temporary Status and Regularization) Scheme, 50% of the service rendered under temporary status is to be counted only for the purpose of retirement benefits after their regularization. The temporary service rendered does not count for any other purposes. Moreover, under the ACPS also, no provision was made for counting of temporary service as 1st and 2nd financial upgradation was being granted to an employee on completion of 12/24 years of regular service. Therefore, the proposal cannot be agreed to. Thus, action on this item is treated as closed.

Item No. 7: Supervised staff placed in higher Grade Pay than that of the Supervisor – The stepping up of pay of seniors with that of juniors getting higher pay in different cadres and introduction of Grade Pay of Rs.5400 on completion of 4 years of service in the pre-revised pay scale of Rs.6500-10500 (Item No.6 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: As per the fundamental principles of the Scheme, financial upgradation granted under the MACPS is purely personal to the employees, and has no relevance to his seniority position. It has already been provided in the Scheme itself that there shall be no additional financial upgradation to the senior employee solely on the ground that his/her junior in the grade has been granted higher pay or grade pay under the Scheme. This has been reiterated in the instructions issued by this Department from time to time, including OM No. 35034/1/97-Estt. (D) dated 04.10.2012 and No. 35034/3/2015-Estt.(D) dated 22.10.2019. Therefore, the proposal cannot be agreed to. Thus, action on the item is treated as closed.

Item No. 8: Option for pay fixation on grant of financial upgradation under the MACPS between 01.01.2006 and 31.08.2008 (Item No.7 of Minutes of the meeting of Joint Committee held on 15.09.2010).

Decision: In terms of para 9 of the MACPS guidelines (DoP&T’s OM dated 19.05.2009), the benefits of the ACP Scheme of August 1999 would be continued I applicable till 31.08.2008. If the Government employees, who have opted for fixation of their pay in the revised pay structure w.e.f. 01.01.2006 under the CCS (RP) Rules, 2008, then no arrears of pay would be granted. However, if he has opted for pay fixation from the date of financial upgradation under the ACP with reference to the pre-revised pay scale, then arrears of pay would be granted from the date of his option, i.e., the date of financial upgradation under the ACPS. Para 6 of Annexure-I to DoP&T’s OM dated 19.05.2009 already provides for this benefit. Hence, there is no requirement for the issue of any further instructions on the said issue. Thus, the item is treated as closed.

Item No. 9: Employees who got one promotion or l51 ACP prior to 01.09.2008 and have completed over two decades of service without the benefit of promotion may be granted the third up-gradation under the MACPS on 1.9.2008 (Para 12 of Minutes of the meeting of Joint Committee held on 27.07.2012).

Decision: As per the MACPS guidelines, there shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of I 0, 20, and 30 years of service respectively, or after 10 years of continuous service in the same Grade Pay or Pay Level in Pay Matrix, whichever is earlier. Thus, those employees who got either one promotion or 1st ACP before 1.1.2006 and who did not earn any promotion or 2nd ACP during 1.1.2006 to 31.8.2008, are eligible for 2nd MACP on or after 1.9.2008 (i.e. due on completion of 20 Years) and 3rd MACP after 30 years of service or 10 years in the same Grade Pay/Pay Level, as the case may be if found otherwise eligible. Hence, there is no ground for the grant of the 3rd MACP straight away on 1.9.2008, without the employee earning the 2nd MACP, as per the provisions of the MACPS. Therefore, the request of the Staff Side cannot be acceded to and the item is treated as closed.

7. All Ministries/Departments are advised to dispose of all pending representations /references from Staff Associations etc. seeking revision in the instructions/guidelines on the MACPS relating to the above items and also defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy, as upheld by the Hon’ble Apex Court in the instant case.

(R. K.Sinha)
Under Secretary to the Govt. of India

To
All Ministries /Departments of the Government of India.

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Grant of Financial up-gradation under MACPS in the promotional hierarchy – (instead of Grade Pay hierarchy) – Item No.3 of Record note of discussion held between the Federation and EDs, Railway Board on 12/10/2015 on MACPS anomalies.

NFIR
National Federation Of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055

No.IV/MACPS/09/Part 9

Dated: 26-02-2016

The secretary (E)
Railway Board
New Delhi

Dear Sir,

Sub: Grant of financial up-gradation under MACPS in the promotional hierarchy – (instead of Grade Pay hierarchy) – Item No.3 of Record Note of discussion held between the Federation and ED’s Railway Board on 12-10-2015 on MACPS Anomalies – reg.

Ref: (i) Railway Board’s Letter No.PC-V/M/4/NFIR/Pt dated 04-01-2016
 

(ii) NFIR’s Letter No.IV/MACPS/09/Part 9 dated 05-01-2016 & 18-01-2016

Further to above, Federation furnishes below yet another category viz., Shorff cadre (Cash & Pay Department – Receipt side) in which case the ACP Scheme was more advantageous than the MACP Scheme introduced by the Railway Board vide Board’s letter No.PC-V/2009/ACP/2 dated 10-06-2009, w.e.f. 01-09-2008.

Note: * The above comparison clearly establishes the fact that under ACP Scheme the staff got financial up-gradation in Pay Scale Rs.5000-8000/GP 4200/- on completion of 24 years of service whereas under MACP Scheme, the staff gets GP 2800/- (replacement Grade Pay) on completion of three decades and they cannot dream of reaching GP 4200 (PB-2) under MACPS.

NFIR, therefore, requests the Railway Board to include the above category of staff in the reference agreed to be made to the DoP&T for seeking guidelines.

Yours faithfully
sd/-
(Dr.M.Raghavaiah)
General Secretary

Source: NFIR

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NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110055

No. IV/MACPS/09/Part9

Dated: 05/01/2016

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Grant of financial up-gradation under MACPS in the promotional hierarchy- (instead of Grade Pay hierarchy) – Item No.3 of Record Note of discussion held between the Federation and EDs, Railway Board on 12/10/2015 on MACPS Anomalies-reg.

Ref: Railway Board’s letter No. PC-V/M/4/NFIR/pt dated 04/01/2016.

NFIR provides below the details of the cadres to whom ACP Scheme was more advantageous than the MACP Scheme introduced by the Railway Board w.e.f. 01/09/2008 – Board’s letter No. PC-V/2009/ACP/2 dated 10/06/2009:-

Note: *The employee has to wait for 6 years more to get GP 2800/- which is the replacement pay scale of Rs.4500- 7000 (Vth CPC) under MACP Scheme.

Note: *While the Stenographer got 5OOO-8OOO/GP4200/- on completion of 12 years under ACP, he should wait for 20 years under MACPS. Similarly he should complete 30 years for becoming eligible for GP 4600/- whereas under ACPS he could become eligible on completion of 24 years service.

The comparative position between ACPS and MACPS as mentioned above establishes that in Railways the employees have been put to grave disadvantage leading to serious resentment against MACP Scheme

Yours faithfully

sd/-
(Dr.M.Raghavaiah)
General Secretary

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

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

New Delhi, dated 04/01/2016

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

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

Sirs,
Sub:-Grant of financial upgradation under MACPS in the promotional hierarchy- (instead of Grade Pay hierarchy)-reg.

The undersigned is directed to refer to item NO.3 of the record note of discussions held an 12.10.2015 on MACPS anomalies. In respect of the item No.3, it has been decided to indentify the cadres for whom ACP Scheme is more advantageous than MACP Scheme. Thereafter, a reference will be made to DoP&T.

In view of the minutes of the meeting, it is requested to provide the details of the cadres to wham ACP Scheme is more advantageous than MACP Scheme along with supporting documents so that a reference may be made to DoP&T.

Yours faithfully,

sd/-
for Secretary, Railway Board

Source: NFIR

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MACP on promotional grade

The employees including Group ‘C’ (which includes erstwhile Group ‘D’) are granted three financial upgradations under Modified Assured Career Progression (MACP) Scheme in the next immediate Grade Pay hierarchy as per CCS(Revised Pay) Rules, 2008 on completion of 10, 20 and 30 years of regular service.

There have been instances where Tribunals and High Courts have directed to grant benefits under Modified Assured Career Progression (MACP) Scheme in the promotional hierarchy. However, in such cases, the order of Court is specific to the applicant only.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Kamlesh Paswan in the Lok Sabha today.

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BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in

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

Dated: 31.03.2014

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

Subject: Grant of MACP benefit to the eligible employees in the hierarchy of promotional grade: Compliance of CAT Principal Bench Directive on 12.03.2014 in OA No. 864/2014.

Respected Sir,
With due regards, I would like to draw your kind attention on the subject wherein the issue of grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay is being demanded & discussed by this Federation at every forum.

It has now been brought to our notice that an affected employee had challenged the Government’s decision on grant of MACP benefit in the hierarchy of promotional grade vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the prayer of the petitioner and directed the authorities to grant MACP benefit in the hierarchy of promotional grade. Thereafter, the Union of India represented by the Secretary, DoP&T appealed to the Hon’ble High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal of the DoP&T was subsequently dismissed vide order dated 19.10.2011. The Government thereafter approached the Hon’ble Supreme Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the said SLP.

Recently, CAT Principal Bench has issued direction on 12.03.2014 in OA No. 864/2014 that once an order has been passed by this tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same.

In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only.

As such, you are requested to kindly issue necessary directives to all units under your jurisdiction to implement the same immediately.

Thanking you.

Sincerely yours
(MUKESH SINGH)
Secretary

Source : BPMS

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BHARATIYA PRATIRAKSHA MAZDOOR SANGH
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
(AN INDUSTRIAL UNIT OF B.M.S.)
(RECOGNISED BY MINISTRY OF DEFENCE, GOVT. OF INDIA)

CENTRAL OFFICE: 2-A, NAVEEN MARKET, KANPUR – 208001, PH & FAX : (0512) 2332222
MOBILE: 09415733686, 09235729390, 09335621629, WEB : www.bpms.org.in

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

Dated: 16.09.2013

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

Subject: Grant of MACP benefit to the eligible employees in the Hierarchy of promotional grade.

Respected Sir,
With due regards, I would like to draw your kind attention on the subject wherein the issue of grant of MACP benefit in the hierarchy of promotional grade instead of hierarchy of grade pay is being demanded & discussed by this Federation at every forum.

It has now been brought to our notice that an affected employee had challenged the Government’s decision on the subject vide his O.A. No. 1038/CH/2010 in CAT Chandigarh and that the Hon’ble CAT Chandigarh vide its order dated 31.05.2011 granted the prayer of the petitioner and directed the authorities to grant MACP benefit in the hierarchy of promotional grade. Thereafter, the Union of India represented by the Secretary, DoP&T appealed to the Hon’ble High Court of Punjab and Haryana vide CWP No. 19387 of 2011. This appeal of the DoP&T was subsequently dismissed vide order dated 19.10.2011.

The Government thereafter approached the Hon’ble Supreme Court vide SLP No. 7467/2013, the Hon’ble Supreme Court dismissed the said SLP.

In view of the above, the issue now stands settled that eligible employee needs to be given MACP benefits in the promotional hierarchy only.

As such, you are requested to kindly issue necessary directives to all units under your jurisdiction to implement the same immediately.

Thanking you.

Sincerely yours

(M. P. SINGH)
General Secretary

Source: www.bpms.org.in
[http://bpms.org.in/documents/macps-id47.pdf]

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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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Southern Railway issued a clarification order on MACP Scheme regarding the terms used “In same Grade Pay” and “Normal Promotion”.

SOUTHERN RAILWAY

No.P(R)535/P/MACPS/Vol.III

Headquarters Office
Personnel Branch
Chennai – 600003
Dated: 20-05-2013
PBC No: 54/2013

All PHODs / DRMs / CWMs / CEWE / CAO / CPM / Dy.CPOs / Sr.DPOs / DPOs / SPOs / WPOs / APOs if HQ / Dvisions / Workshops / other Units, etc., (As per mailing list – ‘A’)

Sub: Granting of Financial Upgradation under MACP Scheme — Clarification reg.

Ref : Railway Board’s letter No. PC-V/2009/ACP/2 dated 13-12-2012 (RBE No. 142 / 2012, PBC No. 189 / 2012).

Consequent to issue of Railway Board’s letter dated 13-12-2012 (RBE No. 142 / 2012), many doubts have been raised from various quarters as to how the the clarification given is to be followed.

In terms of the above cited letter, an employee holding feeder post in a cadre where promotional post is in the same Grade Pay, financial upgradation under ACP / MACP scheme cannot be to a higher Grade Pay than what can be allowed to an employee on his normal promotion and would be granted the same Grade Pay. The doubts were with regard to the terms used i.e., “In same Grade Pay” and “Normal Promotion”.

As clarified by Board, the following clarifications are given citing certain examples :

(a)A Sr. Clerk on direct recruitment with GP Rs. 2800/- having earned two promotions to GP Rs. 4200/- and Rs.4600/- is entitled to be considered for 3rd Financial Upgradation to GP Rs. 4800/- under MACP Scheme subject to fulfilling other terms and conditions relating to the scheme.

(b)A Technical supervisor on direct recruitment with GP Rs. 4200/- having earned one promotion to GP Rs. 4600/- is entitled to be considered for grant of 2nd and 3rd Financial Upgradation to GP Rs. 4800/- and GP Rs. 5400/- of PB 2 respectively under MACP Scheme subject to fulfilment of terms and conditions relating to the scheme.

(c)A Sr.Section Engineer on direct recruitment with GP Rs. 4600/- is entitled to be considered for grant of 1st, 2nd & 3rd Financial Upgradation to GP Rs. 4800/- in PB 2, GP Rs. 5400/- in PB-2, and GP Rs. 5400/- in PB-3 respectively under MACP Scheme subject to fulfilment of terms and conditions relating to the scheme.

(d) A Chief Matron with GP Rs. 5400/- in PB-2 is entitled to be considered for Financial Upgradation under MACPS to the same GP Rs. 5400/- in PB-3, as per terms contained in Para 8.1 of Annexure to Board’s letter dt. 10-06-2009 (RBE No. 101 /2009, PBC No. 112/2009)

(e) A Staff Nurse directly recruited with GP Rs. 4600/- is entitled to be considered for 3rd Financial Upgradation under MACP scheme to GP of Rs. 5400/- in PB-3 after earning two Promotion / Financial Upgradation to GP Rs. 4800/- and Rs. 5400/- in PB-2, subject to fulfilment of terms and conditions relating to the scheme.

It has been further clarified that 3 % increment as Pay Fixation in respect of employees who are granted Financial Upgradation to the same Grade Pay is to be allowed or not, (since as per RS(PR) Rules 2008 it is still not allowed) is under consideration in consultation with Ministry of Finance. Hence, for example a Sr. Technician on promotion / Financial Upgradation granted same Grade Pay, or when Goods Driver promoted / granted Financial Upgradation under MACP to the same Grade Pay of Rs. 4200/-, the pay fixation is under consideration and yet to be clarified.

The cases decided otherwise than as clarified above may be reviewed and action taken accordingly.

This is issued with the approval of CPO/MAS.

sd/-
(M.SRINIVASALU)
Asst. Personnel Officer / Rules
for Chief Personnel Officer

Source: www.irtsa.net
[http://www.irtsa.net/pdfdocs/Clarification_from_CPO_SR_Reg_MACP_to_JE_and_SSE.pdf]

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