MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

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

North Block, New Delhi -110001
Dated the 22nd October, 2019

OFFICE MEMORANDUM

SUBJECT:- CONSOLIDATED GUIDELINES REGARDING MODIFIED ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.

The Seventh Central Pay Commission in Para 5.1.44 of its report, recommended that Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years 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, Organised 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 Organised 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 Scheme shall continue to be applicable to all regularly appointed Group “A”(except officers of the Organised Group “A” Services), “B”, and “C” Central Government Civilian Employees. Casual employees, including those granted ‘temporary status’ and employees appointed in the Government on adhoc or contract basis shall not qualify for benefits under the aforesaid Scheme. The details of the MACP Scheme and conditions for grant of the financial upgradation under the Scheme are given in Annexure-1.

4. A Screening Committee shall be constituted in each Department to consider the case for grant of financial upgradations under the MACP Scheme. 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 equivalent in the Government. The Chairperson should generally be a level above the members of the Committee.

5. 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.

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

6. 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).

7. In so far as . persons serving in the Indian Audit and Accounts Departments are concerned, these orders issue after consultation with the Comptroller and Auditor General of India.

8. 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). The MACP Scheme continues to be effective from 01.09.2008.

9. 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 MACP Scheme.

10. Hindi version will follow.

(A. Bhattacharya)
Deputy Secretary to the Govt. of India

Annexure-I

O.M. No.35034/3/2015-Estt.(D) dated 2.10.2019

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.

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/organisation will be given only at the time of regular promotion.

3. The financial upgradations under the MACPS would be admissible up-to level 15 in the Pay Matrix, corresponding to the Higher Administrative Grade (HAG).

Also read: MACP – All about Modified Assured Career Progression Scheme applicable to Central Government Employees after implementation of 7th Pay Commission

4. (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.

5. Promotions earned/upgradation granted under the MACP Scheme 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 Modified ACPS. The benefit of merger will accrue w.e.f. the date of notification of the Recruitment Rules for the relevant post.

6. 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.

6.1 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 MACP Scheme 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. 420,0 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.

7. With regard to fixation of his pay on grant of promotion/ financial upgradation under MACP Scheme, a Government servant has an option under FR22 (1) (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.

8. 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.

9. ‘Regular service’ for the purposes 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 purposes of MACPS only (and not for the regular promotions). However, benefits under the MACPS in such cases shall not be considered till the satisfactory completion of the probation period in the new post.

10. 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.

11. ‘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.

12. The MACPS shall also be applicable to work charged employees, if their service conditions are comparable with the staff of regular establishment.

13. 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.

14. 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.

15. If a financial upgradation under the MACPS is deferred and not allowed after 10 years ina 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.

16. 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.

17 (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.

17(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:

18. 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 thereunder.

19. The MACPS contemplates merely placement on personal basis in the immediate higher Pay Level /grant of financial benefits only and shall riot 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.

20. 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 rst 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 hisjunior 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 inwhich they are entitled to draw pay are ientical;

(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 o.f 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.

21. 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.

22. In case an employee is declared surplus in his /her organisation 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 organisation shall be counted towards the regular service in his/her new organisation for the purpose of giving financial upgradation under the MACPS.

23. In case of transfer ‘including unilateral transfer on request’, regular service rendered in previous organisation /office shall be counted alongwith the regular service in the new organisation /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 organisation/office, such past promotion in the previous organisation/ office will be ignored for the purpose of MACPS in the new organisation/office.

24. If a regular promotion has been offered but was refused by the employee befote 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 withdrw 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.

25. 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

26. 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.

27. Illustrations

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+10years).

(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.

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

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.

Deputy Secretary

Source: DoPT

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Outcome of MACP anomalies meeting held between the Railway Board and the Federations on 12th October 2015.

No. IV/MACPS/09/Part 9

The General Secretaries of

Affiliated Unions of NFIR

Dear Brother,

Sub: MACP anomalies meeting held between the Railway Board (Executive Directors) and the Federations-reg.

The position relating to discussions held between the Railway Board (EDS) and the Federations at Rail Bhavan on 12th October 2015 is briefly placed below:-

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MACP ON PROMOTIONAL HIERARCHY- ORGANISATIONAL/ FINANCIAL SUPPORT TO DEFEND THE SLP-REGARDING

The extended meeting of the Steering Committee of MACP on Promotional Hierarchy held on 15/11/2014 has decided to write letters to all Gazetted Non Gazetted Employees’ Federations/Associations of all Ministries, seeking organizational/financial support in defence of the SLP against granting of MACP on promotional hierarchy, filed by the Central Government.

But we could not reach several of the Staff Associations/Federations, face MACP problems due to non availability of proper contact address/e-mail id/telephone number.

A letter inviting all Officers/Staff Associations who are not in contact of this steering committee is given below: All Federations/Associations are requested to send their contact address/telephone number/e-mail id etc immediately so that their name may also be incorporated in the list of steering committee. All Associations/readers are requested to co-operate.

-TKR Pillai
Convener
Mob No. 09425372172
e-mail: aiams08@gmail.com

STEERING COMMITTEE-
MACP ON PROMOTIONAL HIERARCHY
C/o All India CPWD Engineers Association,
Room No. B-003, Indra Prastha Bhawan,
ITO, New Delhi, dated 23/11/2014
e-mail: pillai_tkr@rediffmail.com,aiams08@gmail.com

To,

The President/General Secretary,
All India Officers/Staff Associations affected with MACP

Sub:    Defeating the illogical and anti employee MACP scheme in the Supreme Court- seeking co operation of the all Federations/Associations-regarding.

Dear sir,

You are aware that various benches of the Central Administrative Tribunals and High courts pronounced verdicts in favour of financial upgradation under MACP Scheme on Promotional hierarchy on the petitions of Central Government Employees in various Departments. In the Principle Bench of CAT itself, more than half dozen cases have been decided in favour of granting financial upgradation under MACP Scheme on promotional hierarchy. But the Government of India has not implemented these orders citing one or other reasons. Moreover, Government has filed 4 SLPs against these verdicts in respect of the applicants, namely, Shri V Mohanan Nair of CAT Ernakulam, Shri Babu Ram, Smt Reeta Devi and Shri Dhirender Singh of CAT Chandigarh, at Supreme Court. Since the outcome of the SLP filed will affect all Central Government Employees, a steering committee consisting of representatives of Gazetted/Non Gazetted Staff of various Departments of Government of India was constituted on 25/09/2014. Thereafter two meetings of the steering committee were held on 27th September and 2nd October 2014 in which decision for intervening in the SLP filed in the Supreme Court was taken.

In order to expand the activities of the steering committee, an extended meeting of the committee was convened at Indra Prastha Bhawan, New Delhi on 15/11/2014 in which 55 persons representing 30 Associations of various Ministries participated. Moreover, around 10 Associations whose representatives who had not participated in the meeting have assured to abide the decision taken in the meeting, copy of the minutes is posted elsewhere in this web site.

While addressing the meeting Shri SK Vyas, Advisor, Confederation has suggested that MACP is a matter covering all Central Government Employees and as such it will be better if National JCM (Staff side)becomes an intervener of the case and the meeting has accepted the suggestion. Shri Vyas has further suggested that all the Unions/Associations including Unions in the Railways, Defense, Postal and Income tax, Audit & Accounts Association should be asked to give contribution to meet the legal and other expenses of the case. Accordingly, the meeting decided to send letters to all major Federations/Associations as well the Secretary JCM (Staff Side).

According to Supreme Court web site posting, the SLP of Shri Mohanan Nair is listed for hearing on 08th January 2015 and all the other three SLPs have been connected with this case. The extended meeting of the steering committee unanimously decided to engage lawyers to intervene in the SLP.The committee has decided to collect Rs. 15 lakhs to meet the immediate expenses in connection with intervention in the case etc. It was also decided to prepare a list of Federations/Associations from whom the contribution has to be collected.

In view of the above, this steering committee seeks your support both organizationally and financially to strengthen the united efforts to get a favourable verdict from the Supreme Court through legal means.

I, on behalf of the Steering Committee, request you to kindly extend your helping hand so that we may be able to defeat the illogical and anti employee MACP scheme in Supreme Court.
Please send a two line letter in confirmation of receipt of this letter.

Yours Sincerely

(TKR Pillai)
Convener
Mob: 09425372172

Source: http://aiamshq.blogspot.in/2014/11/macp-on-promotional-hierarchy-financial.html

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Railway Board has cited the DoP&T advice in the matter of grant of 3rd financial upgradation on promotion hierarchy under MACP Scheme on the reference made by AIRF:-

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

No PC-V/2011/M/3/AIRF

New Delhi, dated 13.11.2014

The General Secretary
AIRF
4, State Entry Road,
New Delhi-110055

Sir,
Sub:- 3rd financial upgradation under MACP Scheme.

The undersigned is directed to refer to AlRF’s letter No.AlRF/MACP/2014 (302), dated 07.10.2014 and to state the matter has already been consulted with DoP&T, the nodal department of Govt. on MACPS, and they have advised as under:

As regards the Order dated 31.05.2011 in CA No. 1038/CH/2010 (Raj Pal vs UOI) of Hon’ble CAT, Chandigarh which was upheld by the High Court and Apex Court, it may be stated that the Apex Court has not considered the issue on merit. The said SLP was dismissed due to insufficient explanation to condone the delay in the filing of the SLP. As regards implementation of CAT Order dated 9.5.2012 in GA No. 141/2012, the administrative Department was advised for implementation for the petitioners only subject to outcome of Review Petition in view of Contempt case. It may also be stated that generally the judgments passed by Hon’ble Tribunals/Courts are applicable/implemented to the specific case, unless there is any direction for similar dispensation to be extended to similarly placed persons. Hence, the above Orders pronounced favoring the applicants by the Tribunal/Courts and implemented on attaining finality or due to contempt or due to any other reason may be taken as exceptions/aberration.
In the matter, DOP&T have advised to maintain status quo with regard to the provisions for grant of MACPS benefits. It may be clarified that financial upgradations under MACPS would continue to be granted in the successive grade pay in the hierarchy of recommended revised pay band and grade pay as given in Section 1, Part-a of the first Schedule of the Railway Services (Revised Pay), Rules, 2008 and not in the promotional hierarchy, where functional promotion are allowed in the same Grade Pay, MACP benefits would also be regulated in the Grade Pay only.

Since, DoP&T is the nodal department on MACP Scheme and financial upgradation under the Scheme are regulated as per instructions/clarifications issued by them from time to time. In view of the above, it is not feasible to deviate from the instructions issued by the nodal deptt. on the subject viz. DoP&T.

Yours faithfully,
sd/-
for Secretary/Railway

Source: www.airfindia.com
[http://www.airfindia.com/Orders%202014/Grant%20of%203rd%20financial%20upgradation%20under%20MACPS.pdf]

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Hon’ble CAT Chandigarh while disposing the OA No. 1405/CH/2013 & OA No. 1676/HR/2013 has ordered that whatever decision is taken in the pending Writ Petition/SLP in Hon’ble High Court/Hon’ble Supre Court, Both Parties would be abide by the same, whatever decision comes first, out of both cases.

COPY OF THE JUDGEMENT IS PLACED BELOW

Message by Convener, Steering Committee:-

We invite all the parties, filed cases in various courts and all the Unions/Association, who are suffering from the anomalous MACP to join us in the legal fight on grant of MACP on Promotional Hierarchy. The next date of hearing of SLP at Supreme Court is 16/12/2014. Please hurry! Join the extended meeting of the Steering Committee at New Delhi on 15/11/2014.

-TKR Pillai, Convener
Steering Committee
Mob No. 9425372172
e-mail: aiams08@gmail.com

CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

Date of decision -29.10.2014

CORAM:      HONBLE MR.  SANJEEV KAUSHIK, MEMBER (J)
HONBLE MS. RAJWANT SANDHU, MEMBER (A)

O.A No. 1405/CH/2013

1. Jaswant Singh S/o Sh. Inder Singh aged 56 years, Executive Engineer, Chandigarh Central Division No. 2, Central Public Works Department, Chandigarh.
2. Satya Pal Singh Saharan S/o Sh. Shamsher Singh, Executive Engineer (Electrical) Issar Project Electrical Division, Central Public Works Department, Sector 7-B, Chandigarh.
BY ADVOCATE: Sh. V.K. Sharma

APPLICANTS

VERSUS

1. Union of India through the Secretary to Government  of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.

RESPONDENTS
BY ADVOCATE:  Sh. Sanjay Goyal.

O.A No. 1676/HR/2013

1. Sh. Paramjit Saini, S/o Sh. Dev Raj Saini, Resident of 15/2-C, Rail Vihar, Sector 4, M.D.C. Panchkula.
2. Sh. Joginder Pal Singh, S/o Sh. Rulia Ram, working as EE in the office of Amritsar Central Division CPWD, Amritsar.
3. Sh. Darshan Singh Shaheed, S/o Sh. Bishan Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
4. Sh. Santokh Singh, S/o Sh. Ram Singh, working as AE in the office of Amritsar Central Division CPWD, Amritsar.
5. Sh. Jagjit Singh, S/o Sh. Saudagar Singh, working as AE in the office of Jalandhar Central Circle CPWD, Jalandhar.
6. Sh.Rakesh Kumar, S/o Sh. Madan Lal working as AE in the office of Amritsar Central Division CPWD, Amritsar.
7. Sh. Pritam Singh, S/o Sh. Harbans Singh, Resident of 649, Rishi Nagar, Near Shankar Garden Jalandhar.
8. Sh. Rajinder Kumar Wadhwa, S/o Sh. Arjun Dev Wadhwa, Resident of 341, Sector 25, Panchkula.
9. Sh. Pancham Chander, S/o Sh. Dhani Ram, age 60 years, R/o House No. 1771, Sector 7-C, Chandigarh.
10. Sh. Satish Chander, S/o Sh. Churangi Lal, working as AE in the office of CEN2I, CPWD, Kendriya Sadan, Chandigarh.
11. Sh. Jai Dev, S/o Sh. Vidya Ram Lal, working as AE in the office of Chandigarh Central Division, CPWD, Sector -7/B, Chandigarh.
12. Sh. Ashok Kumar, S/o Sh. Verinder Nath R/o Flat No. 410 Arwveli, GHS-36, Sector 20, Panchkula.
13. Sh. Madhav Surup, S/o Sh. Sujraj Parkash, R/o House  No. 241, Vivaka Nand Park, Maqsadan, Jallandhar, Pin 144008.
BY ADVOCATE:   Sh. K.B.Sharma, Advocate proxy for Sh. D.R. Sharma, counsel for the applicants.

VERSUS

1. Union of India through the Secretary to Government  of India, Ministry of personnel, Public Grievances and Pensions, Department of Personnel and Training, North Block, New Delhi.
2. Directorate General of Works, Central Public Works Department, Nirman Bhawan, New Delhi through its Director General.

RESPONDENTS
BY ADVOCATE:  Sh. Sanjay Goyal.

ORDER (ORAL)

HON’BLE MR.  SANJEEV KAUSHIK, MEMBER (J):-

Both the cases involve identical facts and points of law and as such these have been taken up for final disposal by a common order. For the facility of convenience, facts have been taken from O.A. No. 1405/CH/2013 titled Jaswant Singh & Anr. Vs. U.O.I etc. This O.A has been filed by the applicants under Section 19 of the Administrative Tribunals Act, 1985 seeking the following relief:-
(a) Declare the provision of para 1 of the letter dated 19.05.2009 and para 2 of the Scheme to the effect that MACP is to be granted in next higher grade pay instead of pay band as redundant in view of the law laid by this Hon’ble Tribunal and as upheld by the Punjab and Haryana High Court in the case of Raj Pal Vs. Union of India and which has since been implemented by the concerned Department.

(b) Quash the action of respondents in not fixing pay of the applicants, while granting 3rd Financial upgradation under MACP, in the promotional pay band + grade of Superintending Engineer i.e. Rs. 37400-67000 + Grade Pay of Rs. 8700/- and instead fixing their pay only in next grade pay of Rs. 7600/- in the Pay Band of Executive Engineer is illegal, arbitrary, discriminatory harsh, void at initio and violative of provisions of Article 14 and 16 of the Constitution of India and cannot be sustained in eyes of law more so in view of decision taken in Raj Pal’s (supra).

(c) Issue direction to the respondents to fix the pay of applicants on grant of 3rd Financial upgradation in PB of Rs. 37400-67000 + Grade Pay of Rs. 8700/- i.e. of higher post of Superintending Engineer from due date with all the consequential benefits of arrears of pay and allowances with interest thereon @ 12 % from the date of actual payment and cost of the present petition.

(d) Any other order or direction deemed fit and proper in the facts and circumstances of the case to which the applicants are held entitled to may also kindly be issued in their favour.

2.            On the commencement of hearing, learned counsel for the applicants submitted that a similar controversy with regard to the grant to MACP, as raised in the instant O.A. has already been put to rest by this Tribunal in the case of Raj Pal Vs. Union of India and Ors. as upheld by the jurisdictional High Court. Subsequently, in case of Babu Ram and Others Vs. U.O.I & Ors and in case of Tilak Raj Sharma & Ors. Vs. U.O.I. decided on 19.12.2013., this Tribunal had allowed the O.As on the basis of the decision rendered in case of Raj Pal (supra) but both these cases are pending for final adjudication before the higher courts. The former case is pending before the Hon’ble Supreme Court in SLP No.10435/2014 wherein impugned judgment dated 07.11.2014 passed by the Hon’ble High Court in CWP No. 24279/2013, has been stayed and the latter case is pending before the Hon’ble jurisdictional High Court. He submitted the present O.A may be disposed of in the terms that whatever, decision is taken in the pending Writ Petition and SLP in above cases, both the parties would abide by the same.
3.            Sh. Sanjay Goyal, learned counsel for the respondents did not object to the disposal of the present O.A in the requested manner.
4.            Considering the consensual agreement arrived between the parties and the aforementioned position that similar issue is pending before the highest Court, at this stage, we dispose of the present O.A with an understanding as reached between the parties that whatever decision is taken by the Hon’ble Supreme Court/ Hon’ble High Court in pending petitions, the parties would be abide by the same, whatever decision comes first, out of both cases.
5.            With the observations and directions as above, these O.As stand disposed of with no orders as to costs.

(SANJEEV KAUSHIK)
MEMBER (J)

(RAJWANT SANDHU)

MEMBER (A)
Dated: 29.10.2014

Source: http://aiamshq.blogspot.in/2014/11/macp-on-promotional-hierarchy-cat.html

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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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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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CIRCULAR

Office of the Principal Controller of Accounts (Fys)
10-A, S.K. BOSE ROAD, KOLKATA-700001

No. Pay/Tech-1/01 (6th CPC) /2014/01

Date: 30-01-2014

To
All Group Controllers

Subject: Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay.

References hove been received from different Br. AOs and Factories regarding extension of benefit of 3% increment in terms of MoF, Deportment of Expenditure OM No. 10/02/2011-E.III/A dtd 07.01.2013 to those employees who were promoted f rom CM-II to CM-l/AF to JWM/MCM to CM on or after 1.1.2006.

In this connection, it may be stated that as per MoF, Deptt of Expenditure OM No. 10/02/2011-E.III/A dtd 07.01.2013, benefit of fixation of pay under FR 22(1) (a) (l) can be extended when both the feeder and promotional grades were placed in the identical revised pay scales based on the recommendation of the 6th CPC and where the existence of both the erstwhile posts are continued in 6 CPC and at the same time the promotional post also involves assumption of higher responsibilities as envisaged in the MoF OM No. 169/2/2000-lC dtd 24.11.2000.

In this context, it is also significant to mention that after 6th CPC, the posts of CM-II & I and AF & JWM have been merged and replaced by a single grade of CM or JWM with a grade pays of Rs. 4200/- and Rs. 4600/- respectively.  Therefore, promotion between these grades after 6th CPC remains no more available and no movement within merged grade is practically possible and the basic conditions stipulated in G of I, MoF OM dtd 24-11-2000 including assumption of higher charge and existence of feeder and promotion grade are not fulfilled. Thus the benefit of 3% increment for movement from CM-II to CM-I and AF to JWM is not admissible in terms of proviso to para 2 of the aforesaid OM dtd 7.1.2013.

Whereas, in case of movement from MCM to CM, it may be stated that prior to 1.1.2006, the MCM grade was not a hierarchical post. The MCMs were part of HS cadre during 5th CPC. After the restructuring of Artisan cadre w.e.f  1.1.2006, the MCM grade has become a separate hierarchical post and cannot be treated within the strength of the HS. Hence, the condition stipulated under proviso to para 3 of MoF OM dtd 7-1-2013, that the promotional movement should be between two different posts of feeder and promotion post prior to 1 /1/2006 now carrying some grade pay, is not fulfilled in the case of the MCM also w.e.f 01-0.l -2006.

As such, promotionol benefit in terms of MOF OM dtd 7.1.2013 to the CM-l & JWM on their promotion from CM-II/MCM & AF respectively on or after .l.1.2006 may not be considered for admittance.
Br. AOs under your control may please be intimated accordingly.

Addl. C of A (Fys) has approved.

sd/-
Asst. Controller of Accounts (Fys)

Source: http://www.pcafys.gov.in
[http://www.pcafys.gov.in/files/Same%20grade.pdf]

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 AIRF
All India Railwaymen’s Fedaration

No.AIRF/227(213)

Dated: October 30, 2013

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Implementation of the judgment of the Hon’able Supreme Court

Ref: (i) AIRF’s letter No.AIRF/227(213) dated 26.08.2013
(ii) Board’s letter No.PC-V/2011/M/3/AIRF dated 07.10.2013

Apropos above, the reply of the Railway Board, contained in their letter under reference, is highly disappointing and unacceptable to us. Mere reiteration of Board’s earlier letter cannot justify the stand of the administration, as the Hon’ble Supreme Court dismissed the Special Leave Petition filed by the administration. The apex court held in the said judgment that, if any restructuring of posts takes place, it does not amount to promotion. Accordingly, the office of the FA&CAO/S&W/PER/SR vide Memorandum P.535/S&W/PER/ADMN/FIX/MACP dated 17.09.2012 accorded financial upgradation of Grade Pay of Rs.5400 to Shri V. Venkataraman, Accounts Assistant/FA&CAO/S&VV/ PER/SR. This clearly indicates that the upgradation from Jr. Accounts Asstt. to Accounts Asstt. in terms of restructuring of the posts in the ratio of 20:80 does not amount to promotion.

According to Article 141 of the Constitution of India, policy decision, delivered on the particular subject by the Hon’ble Supreme Court of India, is binding upon the Government of India.

The Board are, therefore, again urged to re-examine the issue In the light of the facts appraised above and grant the benefit of the 31d MACP(GP Rs.5400) to all the eligible Supervisory Staff whose initial appointment was CG-II/Accounts Clerk.

An early action in the matter shall be highly appreciated.

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

Source: AIRF
[http://www.airfindia.com/AIRF%202013/Implementation%20of%20judgment%20of%20Hon’ble%20SC%20-%20Accounts%20Staff.pdf]

The post AIRF writes to Railway Board for not implementing the decision of Hon’ble Supreme Court in respect of 3rd MACP to accounts staff appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

ALL INDIA RAILWAY FEDERATION

No.AIRF/MACPS

Dated: September 14, 2013

The Secretary(E),
Railway Board,
New Delhi

Dear Sir,

Sub: Granting of MACP on promotional hierarchy

Hon’ble Supreme Court has dismissed the Petition(s) for Special Leave to Appeal(Civil)(CC 7467/2013) filed by the Government, and upheld the judgment passed by the Punjab & Haryana High Court in CWP.No.19387/19.10.2011 and Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 dated 26.11.2012. Hon’ble CAT, Chandigarh Bench, in OA No.1038/CH/2010 dated 31.05.2011(Rajpal, S/o Shri Tilak Ram Versus Union of India and Others), issued following orders:-
“In our considered view, the present OA is squarely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh.

In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. of Personnel & Training, in the case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission. In the hierarchy after the scale of UDC, the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy, namely, the Assistants carrying the pay scale of Rs.9300-34800 and the grade pay of Rs.4200.

In view of the above position, the OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34800 with grade pay of Rs.4200 attached to the said promotional post of Assistant /OS from the due date to the applicants.

The aforesaid directions shall be complied with within the period of two months from the date of receipt of a copy of the order, subject to the other conditions mentioned in the MACP Scheme.”

In the Indian Railways, Junior Clerk is the most similarly situated with the applicants of the aforesaid OAs in the matter of grant of MACP in the hierarchy of promotional post. As such, the benefit of MACP in the case of Junior Clerk may kindly be considered in the light of the spirit contained in the aforesaid judicial pronouncements which has attained its finality.

In view of the facts and circumstances submitted above, the Board are requested to grant benefit of financial upgradation under MACP to Junior Clerk in their respective promotional hierarchy from their due date, in the light of the decision given by the aforementioned Courts/CATs.

An early action in the matter shall be highly appreciated.

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

Source: AIRF
http://www.airfindia.com/AIRF%202013/MACP%20on%20Promotional%20Hierarchy_16.09.2013.pdf

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