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

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

To,

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

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

Sir,

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

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

Encl: As above.

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

O R D E R

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

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

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

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

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

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

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

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

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

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

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

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

The post Court Cases – Grant of 3rd financial upgradation under MACP scheme to superintendents appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS (FYS)

No.1071/AN:III/MACP/Circular/Vol:V

Date: 20/04/2019

To

1. All Controllers of Finance and Accounts (Factories)
2. All Branch Accounts Offices
3. All sections of M.O including Railway ’G’ & RTC
4. OFB, Finance Division, Kolkata-700001
5. The CIA (OFs), 10-A, S K Bose Road, Kolkata

Subject: Grant of First/ Second / Third Financial Up-gradation under Modified Assured Career Progression Scheme (MACPs) to MTS/ CLKs (including IDT) / Auditors (including IDT)/ Sr. Auditors / Hindi Translators / Stenographers / Private Secretaries / Staff Car Drivers / DEOs/ Canteen Employees and Asst. Accounts Officers.

Please furnish names of MTS/ CLKs (including IDT) / Auditors (including IDT) / Sr. Auditors Hindi Translators/ Stenographers / Private secretaries/ Staff Car Drivers / DEOs/Canteen Employees and Asst. Accounts Officers in the following format attached as ‘ANNEXURE-I who will be eligible for consideration of first / second / third financial up gradation under MACP scheme between 01.10.2019 and 31.03.2020.

It is also requested to furnish LEFT OVER cases, if any.

The report may please be furnished on or before 31.05.2019. Nill report is also required

Enclosure: ANNEXURE-I

sd/-
(Subhankar Chatterjee)
Sr. Accounts Officer (AN)

The post MACPs – Grant of First/ Second / Third Financial Up-gradation under Modified Assured Career Progression Scheme to MTS/ CLKs appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Modified Assured Career Progression Scheme (MACPS) for Group ‘C’ and ‘D’ Employees who have opted for Government Service and working in Department of Telecommunications.

F.No.4-15(01)2019-PAT
Government of India
Ministry of Communications
Department of Telecommunications

1120, Sanchar Bhawan,
20, Ashoka Road.
New Delhi – 110001
Dated: 30/04/2019

Office Memorandum

Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees.

This is in reference to DoPT OM No.35034/3/2008-Estt(D) dated 19.05.2009 and OM No.35034/3/2015-Estt(D) dated 28.09.2016 (copies enclosed) regarding Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees.

It has been decided to implement the aforesaid orders in the case of Group ‘C’ and ‘D’ employees who have opted for Government Service and working in Department of Telecommunications or on deemed deputation basis in BSNL/MTNL and to withdraw One Time Bound Promotion (OTBP) Scheme and the Biennial Cadre Review (BCR) Scheme w.e.f 01.09.2008.

sd/-
(Patanjali Prakash)
Assistant Director General (PAT)

Source: DoT

The post Department of Telecommunications – MACPS for the Central Government Civilian Employees appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent

No.1(20)/2017/D(Pay/Services)
Ministry of Defence
D(Pay/Services)

Sena Bhawan, New Delhi
Dated 30th April, 2019

Subject: Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent.

The undersigned is directed to refer to MOD OMs of even number dated 22.03.2018 and 26.02.2019 on the issue of availability of option for fixation of pay on promotion from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy Pay Regulations 2017 and to say that the aforesaid OMs dated 22.03.2018 and 26.02.2019 will be applicable in the cases of pay fixation on grant of MACP also in respect of ICOs/ORs and equivalent.

This issues with the concurrence of Defence (Finance) vide their I.D. No.
dated 29.01.2019.

Yours faithfully
sd/-
(Arun Kumar)
Under Secretary to the Govt. of India

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“Not feasible to extend the benefits of MACP during 01.01.2006 to 31.08.2008, as more than nine years of time has passed since the implementation of MACP”

To

All Cadre Controlling Authorities under CBIC

Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees -regarding

Madam / Sir,

The Modified Assured Career Progression Scheme (MACP) for the Central Government Civilian Employees was introduced on the recommendation of the 6th Central Pay Commission vide Department of Personnel and Training (DoP&T) OM No.35034/3/2008-Estt(D) dated 19.05.2009 w.e.f. 01.09.2008.

2.The Board has been receiving a number of references from individuals/ Commissionerates /CBN, CBIC, seeking clarification on the applicability of the judgement dated 08.12.2017 of the Hon’ble Supreme Court in Civil Appeal Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh Turn & Anr. on grant of MACP from 01.01.2006 instead of 01.09.2008.

3.DoP&T is the nodal Department for regulation of MACP Scheme. The matter has been examined in the Board in consultation with DoP&T. DoP&T has, inter alia, observed that: –

The Order dated 08.12.2017 of the Hon’ble Supreme Court in Civil Appeal Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh Turn & Anr is in the context of MACP Scheme issued by Ministry of Defence (MoD) with regard to Personnel below Officer Rank (PBOR) and hence the order of Hon’ble Apex Court is directly not applicable to the MACP Scheme issued by DoP&T for civilian employees. Therefore, request for grant of MACP benefits w.e.f. 01.01.2006 may not be agreed to on the following grounds: –

(i) The VI Pay Commission recommended separate Schemes for civilian and the Defence Personnel. After the recommendations were considered and approved by the Cabinet, D/o Expenditure issued Resolution dated 29.08.2008 in respect of civilian employees. M/o Defence issued resolution dated 30.08.2008 regarding extension of VI CPC benefits to Armed Forces Personnel. Thus, the Civilian and the PBOR personnel are governed by two different Resolutions.

(ii) The recommendations of the 6th CPC were accepted by the Government only on 29.08.2008 (30.08.2008 in case of PBOR). The recommendations of the 66 CPC were required to be examined and a scheme was to be formulated in consultation with Department of Expenditure and the same took considerable time for its implementation. Before implementation of the Scheme, a cut off date had to be decided/fixed. Accordingly, the Government has taken a conscious decision for implementing the MACPS w.e.f. 01.09.2008. Though the MACPS came into existence only w.e.f. 01.09.2008, the benefits of the existing ACP Scheme of August, 1999, was allowed to the Government servants upto 31.08.2008.

(iii) Changing the effective date of implementation of MACP from 01.09.2008 to 01.01.2006 may be beneficial to certain employees, but this would also place certain other employees at a disadvantage thereby entailing huge recoveries from them. It may be difficult to make recoveries from the employees who have availed higher financial benefit under ACP during 01.01.2006 to 31.08.2008 and retired from service.

(iv) The MACP is a condition of service and, hence, cannot be given retrospective effect. It is upto Government to take a conscious decision to implement it uniformly from a certain date.

(v) It is not feasible to extend the benefits of MACP during 01.01.2006 to 31.08.2008, as more than nine years of time has passed since the implementation of MACP and the issues have been settled as per extant instructions. The change of effective date will lead to surge of litigation particularly from employees who availed the benefits of ACP scheme during 01.01.2006 to 31.08.2008.

(vi) Vide Order dated 14.02.2017, Hon’ble High Court of Judicature at Madras in Writ petition Nos. 33946, 34602 and 27798 of 2014 has held that the benefit of erstwhile ACP Scheme cannot be negated by bringing a new Scheme i.e. MACP Scheme with retrospective effect.

4.Based on the above, you are requested to take appropriate action on the references received on this issue.

5.This issues with the approval of Competent Authority.

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