Recommendation of 7th CPC on Modified Assured Career Progress Scheme : NFIR

“Reacting to the news item appearing in The Hindu of 04th October 2016 relating to the acceptance of the recommendation of 7th Central Pay Commission on Modified Assured Career Progress Scheme (MACPS) and the DoP&T OM dated 27th/28th September 2016, the General Secretary said that while the Government has wrongly accepted the recommendation, at the same time has been spreading wrong news through the media. He said that the Scheme has been existing since 1st September 2008 and is not a new scheme as claimed by the Government.

Dr.Raghavaiah further said that while accepting the 7th CPC recommendations relating to the MACP Scheme for Central Government employees, the Government has totally ignored the agreement reached with the JCM (Staff Side) on 17/07/2012 and 27/07/2012 in the Joint Committee and National Advisory Committee Meetings wherein agreement was reached to maintain the same benchmark as is applicable for filling the vacancies through promotion by selection/non-selection/fitness instead of insisting upon the benchmark ‘Very Good’ recommended by the 6th Central Pay Commission. Thereafter, the DoP&T vide OM dated 01st November 2010 and 04th October 2012 issued necessary instructions for granting MACP to the Central Government employees.

The Federation takes note that the Government while accepting the 7th CPC recommendations relating to financial upgradation under MACP Scheme to its employees has again taken U-turn and had once again fixed the benchmark Very Good arbitrarily for granting financial upgradation mainly to deny the legitimate benefit to its employees without any dialogue with JCM (Staff Side) the machinery setup to deal with the issues of Central Government employees which is totally unjustified.

The Federation strongly opposes the move of the Government for which communications have already been sent by the Federation twice to the Cabinet Secretary on 2nd August and 23rd August 2016 to respect the bilateral agreement reached with the JCM (Staff Side) and restore the decision given vide DoP&T OM dated 01/ll/20l0 and 04/10/2012 without making any change on the settled issue.

The General Secretary, NFIR hopes that the Government would consider the above points and rectify the mistake soon duly restoring the earlier instructions of DoP&T to honor the commitment made to the Staff Side.

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GRANT OF MACP ON PROMOTIONAL HIERARCHY- Indian Ordnance Factories Gazetted Officers Association writes to Government

Indian Ordinance Factories Gazetted Officers Association (IOFGOA)had written a letter (given below) to the Government in view of the CAT Principle Bench New Delhi judgment dated 01/05/2014, directing the Government to implement MACP on promotional hierarchy within 3 months from the date of the judgment. Since the Government has not taken any action on the matter so far the Association has filed contempt of Court and the next date of hearing of the case is 11/11/2014.

As regards the SLP filed against Shri Babu Ram & Ors, according Shri S B Chaubey, General Secretary, his Association has decided to bear the expense of one Advocate to defend the case in Supreme Court.

-TKR Pillai, GS

Source: http://aiamshq.blogspot.in/

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Shiva Gopal Mishra
Secretary

National Council (Staff Side)
Joint consultative Machinery for Central government employees
13-C, Ferozshah Road, New Delhi –110001
E Mail : nc.jcm.np@gmail.com
Ph: 23382286

16th May, 2014

No.NC-JCM-2014/MACP

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

Sub: Financial upgradation in the next promotional grade Hierarchy under MACP
Ref: Your letter No.P-13025/11/2014-AT dated 4.4.2014
Your letter No.P-26012/5/2011-AT dated 19.8.2013

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 judgement in peronum 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 Court Chandgarh in C W PNo.1938/2011 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 cirumentanced) 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, therfore request you to reconsider and suitably modify the MACP Scheme providing for financial upgradation in the promotional hierarchy.

Thanking you.

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

Source: http://aiamshq.blogspot.in/

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GRANT OF MACP ON PROMOTIONAL HIERARCHY: CAT GUWAHATI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO ASSISTANT ENGINEERS OF CPWD. THE CASE WAS FILED BY SHRI NARAYAN KALITA AND 26 ASSISTANT ENGINEERS VIDE OA NO. 040/000052 OF 2014.

By citing the judgments delivered by the Principle CAT, Delhi & High Court Chandigarh on the subject the Hon’ble judges have observed that “ In our considered view the aforesaid judgement rendered by the Chandigarh Bench as upheld by the Hon’ble High Court of Punjab and Haryana as well as judgement passed by the CAT, Principle Bench. In view of the above the present OA is allowed. Respondents are directed to grant scale of pay (PB-3) of Rs. 15,600-39,100+ Grade Pay of Rs. 6600/ attached to the said promotional posts of Executive Engineer from due date to the applicants.

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

Source: www.aiamshq.blogspot.in
[http://aiamshq.blogspot.in/2014/08/grant-of-macp-on-promotional-hierarchy_16.html]

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Dear friends,
Some of our (anonymous) friends have written in their comments that SLP filed by the DoPT (SLP(Civil)(CC)8271,10791, 10435 & 10436) against the dismissal of the Writ Petition on granting of MACP on promotional hierarchy by Higher Court Chandigarh/Ernakulam are being listed before the Supreme Court. Latest position of the above SLP chronologically is given below:

TKR Pillai
General Secretary

Source: http://aiamshq.blogspot.in/

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The post What is the Necessity for MACP to Emulate ACP’s Promotional Hierarchy? appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

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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 All India Railwaymen’s Federation

No.AIRF/24(C)

Dated: December 13, 2013

The General Secretaries,
All Affiliated Unions,

Dear Coms.,
Sub: Feedback on the meeting held today with the Member Staff, Railway Board on Staff Grievances
Ref: Strike Ballot

The Member Staff, Railway Board, invited us called me for an meeting today at 15:00 hrs. on the above-noted subject.

During course of meeting, I explained him all the circumstances under which AIRF was forced to take the decision of Strike Ballot.

I also explained him that, due to non-redressal of genuine long-pending demands of the Railwaymen, like removal of anomalies (Running Staff grievances, merger of Technician II with Technician I, GP Rs.4800 to all the Supervisory Staff, abolition of GP Rs.2000 for the purpose of MACP Scheme), non-implementation of unanimously agreed decisions of the Railway Board – unanimous recommendations of Jt. Committee on Trackmen, regularization of railway accommodation in favour of wards of railway employees recruited under LARSGESS, extension of LARSGESS to the staff working TRD, Bridge and Power departments, cadre restructuring without matching savings, absorption of quasi-administrative offices staff in the Railways, parity in the case of Stenographers working In the field as well as Zonal Railways and Production Units, creation of additional posts in commensurate with increase in the number of trains and work load, stopping of outsourcing of perennial nature jobs, violating the provision of Contract Labour, etc. etc,

Similarly, judgements of various courts, in regard to MACP in hierarchical grade. Accounts Staff and Stenographers, reckoning of 100% Casual Labour Service rendered as Qualifying Service for seniority and pensionary benefits, have not being implemented. On the one hand, Railways are said to be the second line of defence, but the Ministry of Railways have not done any effort to pursue the matter with the Government of India to bring all the Railwaymen in Old Pension Scheme, as has been done by the Home Ministry in regard to Defence Staff.

I explained to the MS, AM (S) and ED(IR), Railway Board, present in the meeting, that though we had all along advised the Railway Board, right from top to bottom, every decision of the General Council as wel as 88th Annual Convention of the AIRF, and also in between no positive steps have been taken by the Railway Board in regard to Resolution of Charter of Demands submitted by the AIRF to the Railway Board, and that is the reason, our Patna 89th Convention of AIRF also put its seal on Strike Ballot (20-21 December, 2013) decision of the General Council of the AIRF as well as & 8th Annual Convention of the AIRF.

Though the Member Staff requested for deferment of date of strike ballot, I told him very clearly that now it is too late, and until there are sorne visible action from the Ministry of Railways and Government of India is taken, we would not be able to defer our strike balot decision, decided by our General Council and Annual Convention.

In regard to continuation of dialogue, I explained that I would inform the Railway Board about the date, only
after consulting the President/AlRF.

In the meeting issue of brutal killing of Late Sh.Sanjeeva Rao/TTE/SCR was also raised. I stressed upon the Member Staff to extend all resources so that relief to the bereaved family could be given at the earliest. I also apprised the MS about the anguish and concern of Railwaymen about this incident. Further emphasis was given to provide security for staff to avoid recurrence of such sorrow and painful incidents.

Corn. Mukesh Galav, General Secretary/WCREU and AGS/AIRF was also present during the course of meeting.

The above is for your information, and the latest update on the subject.

All of you are requested to take strike ballot as seriously as had been taken in the General Council and Annual Convention of the AIRF and motivate the Rawayrnen that, why we have been forced to go for strike ballot.

sd/-
(Shiv Gopal Sharma)
General Secretary

Source: AIRF

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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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N F I R
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
No.IV/NFIR/MACPS/09/Pt.7

Dated: 29.07.2013

The Secretary (E),
Railway Board,
New Delhi.

Dear Sir,

Sub: Modified ACP Scheme (MACPS) for Railway employees- clarification –  reg.
Ref:  Railway Board’s letter No. PC-V/2009/ACP/2 dated 31.01.2013.

NFIR has come across a case wherein the Railway Board has totally changed the
clarification issued by the DoP & T detrimental to the interest of Railway employees though the Railway Board Claims to be acting on the advise of the DoP & T,the nodal authority in so far as allowing financial upgradation under MACP Scheme is concerned. To prove its contention. NFIR is furnishing below the details of the case for proper appreciation of the issue:

(i) Railway Board may recollect that the General Secretary, NFIR (Leader of Staff Side JCM), in the Joint Meeting on MACPS anomalies held on 27.07.2012 with the Official Side of the Government of India had raised the issue of grant of financial up-gradation under MACPS in Respect of cases of staff who join another unit/organization on seeking transfer on request. In this Connection, extract of item No. 6 from the minutes of the meeting held on 27.07.2012 is reproduced below: –

“Financial Up-gradation under MACPS, in the case of staff   who joined  another unit/organization on request:

The Staff Side pointed out that OM dated 01.11.2010 should be suitably amplified/amended Covering the staff was transferred on request on reversion to the unit/Organization so that the Total service rendered in the previous Unit/Organization, ignoring the past promotion, may be  Counted for MACPS.

The Official Side agreed to issue necessary clarificatory instructions in this regard. The Staff Side also pointed out that in certain offices the promotion in the original Unit/Organization from which an employees got reverted/transferred to the lower post, Was also being counted against MACPS which is not warranted. The Official Side to look Into this issue.”
Secy.

(ii) Based on agreement reached with the Staff Side as mentioned above, DoP & T issued O.M. No. 35034/3/2008-Estt(D) (Vol-II) dated 4th October 2012.

(iii) NFIR wishes to invite attention of Railway Board to para 2 (i) of the O.M. No.
35034/3/2008-Estt.(D) (Vol.II) dated 4th October, 2012 extract of which is reproduced below,Contains instructions to deal with the cases of “Financial up-gradation under MACPS in the Case of Staff who joined another Unit/Organization on request”.

“ This Department’s OM No. 35034/3/2008-Eatt.(D) (Vol.II) dated 01.11.2010 provides That in case of transfer ‘including unilateral transfer on request’, regular service rendered in Previous organization/office shall be counted along with the regular service in the new  Organization/office for the purpose of getting financial up-gradations under the MACPS.
However, financial up-gradation under the MACPS shall be allowed in the immediate next Higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008.It is now further clarified that 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 promotion in the previous organization/office will be ignored for the purpose of MACPS in the new organization/office.”

(iv)    Pursuant to DoP & T’s above mentioned OM, Railway Board issued instructions vide Letter dated 31.01.2013, cited under reference, para 2(i) of which reads as under: –

“Railway Board’s letter of even number dated 28.12.2010 provides that in case of Transfer ‘including unilateral transfer on request’ regular service rendered in previous Organization/office shall be counted along with the regular service in the new organization/office For the purpose of getting financial up-gradations under the MACP Scheme. However, financial Up-gradation under the MACP Scheme shall be allowed in the immediate next higher grade pay in The hierarchy of revised Pay bands as given in Railway Services (Revised Pay) Rules, 2008. It is now Further clarified that Wherever an official, in accordance with terms and conditions or transfer on own volition to a lower post, is reverted to the lower Post/Grade from the promotion in the previous
Organization/office, such past promotion in the previous organization/office, will be ignored for the purpose of MACP Scheme in the new organization/office. In respect of those cases where benefit of pay protection have been allowed at the time of unilateral transfer to other organization/unit and thus the employee had carried the financial benefit of promotion, the promotion earned in previous organization has to be reckoned for the purpose of MACP Scheme.”

(v)Comparison of para (iii) and (iv) reveals that following portion has been added by the Railway Board in their instructions deliberately to put the railway employees to disadvantageous  position.

“ In respect of those cases where benefit of pay protection have been allowed at the time of Unilateral transfer to other organization/unit and thus the employee had carried the financial benefit of promotion, the promotion earned in previous organization has to be reckoned for the Purpose of MACP Scheme.”
Secy.S

2.      The Railway Board while imposing unrealistic and grossly unjustified instructions
Failed to appreciate following practical aspects: –

a)  The railway employee who seeks request transfer to lower grade post in the new
unit/organization continue to receive the protected pay in the lower grade until
promotion of his/her immediate senior.
b) The concerned railway employee belongs to only lower grade and if the promotion earned by him/her in the previous unit/organization is taken into account, the railway employee concerned who has already lost the number of years of service rendered in the previous unit, gets only bottom seniority.
c) Federation wishes to clarify further that the component of protected pay drawn by the  employee would be adjusted automatically at the time of pay fixation (of the transferred  employee) while granting financial up-gradation.
d) NFIR also wishes to add that as per recommendations of VIth  CPC and accepted by the Government, only the pay drawn by the employee in the Pay Band (excluding GP) has only  To be protected, leaving very nominal benefit to the employee and can be ignored.

3.In addition to above factors and the fact that the DoP & T is the nodal department to give Decisions on MACP Scheme, Railway Board cannot now escape and deviate from the instructions of DoP & T. The restriction as imposed by the Railway Board, referred above is  therefore unjustified and needs to be deleted.

4.NFIR therefore, request the Railway Board to Review Their instructions and issue fresh instructions strictly based on the OM of DOP & T without any substitution/addition. A copy of The instructions may be sent to the Federation.

Yours faithfully,
(M. Raghavaiah)
General  Secretary

Copy to the General Secretaries of affiliated Unions of NFIR
Copy to the Media Centre of NFIF.
Secy.

Source: NFIR

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