1/3067691/2023

GOVERNMENT OF INDIA/ भारत सरकार
MINISTRY OF RAILWAYS/ रेल मंत्रालय
(Railway Board) रेलवे बोर्ड

No. PC-V/202 1/MACP/ 25/ECOR(E)

New Delhi, dt. -5-2023

Sub: Clarification reg. grant of financial upgradation under MACPS to Guards.

Ref: 1. ECoR’s letter No.ECoR-HQ/ PERS(R)/16/202| (39/2021) dated 14-11-2011.
2. CR’s letter No. P/CR/HQ/ ET/510/06-14 dated 31-01-2022.
3. WR’s letter No. ET/839/4/ MACP/Train Manager/ ADI, dated 24-1-2022 & 18-01-2023.

The matter referred vide letter under reference has been examined in Board’s Office in consultation with FE dte. It hag been observed that Central Railway’s letter dated 30-01-2019 is against the extant policy instructions on MACPS. Moreover, the case of guards Category is covered vide Para 8 of annexure to Board’s letter dated 10.06.2009 (RBE No. 101/2009) & clarification dated 13-12-2012(RBE No. 142/2012) wherein case of employee where promotion post is in same Grade Pay to that of feeder post, financial upgradation under ACP/MACP scheme CANNOT be to higher Grade Pay than what can be allowed to an employee on his regular promotion. Subsequently, while adjudicating CA No. 3328-3329/2018 (UOI & Ors. Vs Birendra Kujur & Ors.) involving the issue of grant of GP 4600 / 4800 under MACPS to the category of Guards, the Hon’ble Supreme Court vide its order dated 27.03.2018 has upheld Board’s letter dated 13.12.2012 and rejected employees’ claim for grant of GP 4600 & GP 4800 under MACPS. In light of above, the category of Guard are not eligible for 3rd financial ungradation beyond GP 4200 under MACPS.

2. The necessary action in view of above may please be taken.

Signed by Sudha A Kujur
Date: 16-05-2023
( Sudha A. Kujur)
Deputy Director, Pay Commission

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MACP for the Central Government Employees

Case Details:-

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

Matter raised:-

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

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

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

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

Findings:-

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

Judgement in view of discussions:-

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

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Implementation of MACPS w.e.f. 01.01.2006: IRTSA refers 110th report of parliamentary committee to Secretary Finance (Expenditure).

INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION

No: IRTSA/ CHQ/ MACPS/2022-1

Date:19.04.2022

Secretary Finance (Expenditure),
North Block,
New Delhi – 110001

Respected Sir,

Sub: Implementation of MACPS w.e.f. 01.01.2006.
Ref: 1. Recommendations of 110th report on “Pensioner’s Grievances-Impact of Pension Adalats and Centralized Pensioners Grievance Redress and Monitoring System (CPENGRAMS)”

MACP for the Central Government Employees

2 Our earlier memorandum dated 15.12.2019 (Copy attached)

1. We seek your kind intervention to consider and revise the date of implementation of MACPS w.e.f 1.1.2006 (instead of 1-9-2008) as per the recommendations of 110th report on “Pensioner’s Grievances-Impact of Pension Adalats and Centralized Pensioners Grievance Redress and Monitoring System (CPENGRAMS)”
2. In para 3.35 of 110th report on “Pensioner’s Grievances-Impact of Pension Adalats and Centralized Pensioners Grievance Redress and Monitoring System (CPENGRAMS)” submitted to Parliament on 10th December 2021, it was recommended that, “The Committee feels that DOPPW should pursue the matter of implementation of MACP w.e.f 1st January, 2006 with DoPT as it will give relief to pensioners retiring in the intervening period i.e. from January, 2006 to August, 2008 as all other benefits were given to them from January 2006 as per 6th CPC recommendations”.
3. In our earlier memorandum, we have submitted other detailed justifications including that of Judgement given by Hon’ble Supreme Court of India & Hon’ble High Court of Bombay, 6th CPC recommendations for implementation of revised scheme of Pay Bands and Grade Pay as on 01.01.2006 retrospectively and Government’s acceptance of the same, implementation of 6th CPC recommendations on Pay Band, Grade Pay and Dearness Allowance w.e.f.01.01.2006 vide Extraordinary Notification of Resolution No.1/1/2008-I C, dated 29.8.2008, revision of Non Practicing Allowance (NPA) effective from the date an employee drawing pay in the revised scale applicable to him in accordance with the provisions of the Railway Services (Revised Pay) Rules, 2008, i.e. w.e.f. 1.1.2006, etc
4. Therefore without diluting the scheme it is requested that MACPS may please be implemented from 1.1.2006 since MACPS is part of pay structure.

Supreme Court Order delaying the effective date of the MACP Scheme w.e.f. 01.01.2006

Thanking you

Yours faithfully,

(Harchandan Singh)
General Secretary, IRTSA

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MACP for the Central Government Employees

The Supreme Court has rejected a Delhi High Court order requiring the Delhi Development Authority implement the Modified Assured Career Progression (MACP) Scheme on January 1, 2006, rather than the Assured Career Progression (ACP) granted to the employee.

Justices UU Lalit, SR Bhat, and Bela M Trivedi were deliberating on an SLP challenging the Delhi High Court’s judgement requiring the extension of MACP benefits to Delhi Development Authority employees on January 1, 2006.

Starting January 3, 1985, DDA has assigned the respondent workers as regular work charged Malis. On January 3, 1997, he obtained his first financial upgrade under the Assured Career Progression (ACP) Scheme after 12 years of regular service. He was eligible for a second financial upgrade after 24 years of service, which DDA did not give. Employees claimed they should have been granted a second ACP benefit because DDA implemented the MACP scheme on September 1, 2008, by an order dated October 6, 2009, because the claim for the second ACP benefit had accrued earlier.

According to the Supreme Court, employees cannot claim a vested right in the Assured Career Progression (ACP) Scheme. Employees asked for a second upgrade under the prior ACP programme, stating it was better than the MACP scheme. The court found this plea to be inadmissible.

The MACP Scheme was implemented by the Central Government in May 2019 in substitute of the ACP Scheme by an office memorandum. The MACP was made applicable earlier, on September 1, 2008, due to a specific condition in that scheme.

The Court stated that a group of employees who may have benefited from the then-current regime or policy cannot argue a right to the advantages under the superseded policy in the absence of strong and unequivocal indications in the subsequent policy.

The appeal would be allowed, according to the bench in The Vice-Chairman, Delhi Development Authority V. Narender Kumar & Ors.

“The fact that some employees would have benefited more from the ACP benefits if the MACP scheme had not been implemented at a later date is no reason to believe so and compel an executive agency to grant the claimed benefits.”

The Court stated that the second ACP upgrade was not an automatic right because it was dependent on a number of external factors and that the employee could not assert a vested right to it.

Inputs from livelaw.in

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Reminder-IV

No.25/7/2019-CS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi – 110003
Dated: 12th November, 2021

OFFICE MEMORANDUM

Subject: Clarification regarding fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefits under MACP Scheme – regarding

The undersigned is directed to refer to this Department’s OM of even number dated 27.08.2019(copy enclosed) vide which the cadre units of CSCS were requested to furnish the data of the SSAs who were granted 3% increment at the time of MACP and subsequently granted 3% increment at the time of NFSG/promotion as per the format given in Annexure of the said OM. Granting 3% increment after MACP i.e. at the time NFSG/promotion is not in order in light of the OM No. 35034/3/2008-Estt,(D) dated 04.07.2017.

2. Thereafter, three reminders dated 16.09.2020, 21.01.2021 and 7th September, 2021 were issued but the information from 20 cadre units of CSCS have not received yet.

3. The Cadre Units of CSCS (as per list attached) are once again requested to furnish the requisite data within a fortnight so that this Division may take a final decision in consultation with Estt.(D) regarding recovery of excess amount from the working/ retired persons.

(Bhagirath Jha)
Under Secretary to the Govt. of India

Reminder-I

Fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme dated on 27th August, 2019

Reminder-II

Fixation of pay at the time of regular promotion/ grant of NFSG in respect of officials who are already granted the benefits under MACP Scheme – DoPT dated on 21st January, 2021

Reminder-III

Fixation of Pay on Regular Promotion and NFSG under MACP Scheme DoPT Order dated on 7th September, 2021

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CGDA

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

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

Dated: 17/09/2021

To

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

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

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

Point of Doubt:-

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

Clarification:-

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

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

(Rajeev Ranjan Kumar)
Dy. CGDA (AN)

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Latest MACP Orders

No. 4-7/MACPS/2019-PCC
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Date: 22.09.2021

To

All Chief Postmasters General / Postmasters General
Chief General Manager, Parcel /BD / PLI Directorate / CEPT.
Director, RAKNPA / Directors of All PTCs
Addl. Director General, Army Postal Service, R.K.Puram , New Delhi
All General Managers (Finance) / Directors Postal Accounts

Sub: Instructions on Modified Assured Career Progression (MACP) Scheme – reg.

Sir / Madam,

This refers to various references/representations regarding admissibility of the benefit of financial upgradation under Modified Assured Career Progression (MACP) Scheme to Inspector (Posts) / Assistant Superintendent of Posts (ASP) consequent upon upgradation of pay scale of Inspector Posts cadre from Grade Pay Rs.4200/- to Rs.4600/- w.e.f. 01.01.2006 by ignoring the promotion to ASP cadre / 2nd financial upgradations under ACP Scheme earned / granted prior to 01.01.2006 in terms of para-5 of Annexure-I to MACP Scheme issued vide this Directorate OM No. 4-7/(MACPS)/2009-PCC dated 18.09.2009.

2. In this regard , it is informed that although vide this Directorate OM of even No. dated 10.02.2021, it was clarified that “promotion earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS in terms of para -8 of Annexure -I to DoP&T OM dated 19.05.2009” yet the point of reference has again been referred to Department of Personnel & Training seeking clarification on the issue.

3. Meanwhile, the competent authority has decided that until clarification from DoP&T on the issue is received, no order for grant of MACP to IP/ASP by ignoring the promotion to ASP cadre / 2nd financial upgradations under ACP Scheme earned / granted prior to 01.01.2006 in terms of para-5 of Annexure-I to MACP Scheme shall be issued or implemented, if already issued.

4. It is therefore, requested to bring these directions to the notice of all concerned immediately and ensure strict adherence in true spirit.

Yours faithfully,

(Sapna)
ADG (GDS/PCC)

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Reminder-III

No.25/7/2019-CS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan Khan Market,
New Delhi -110003
Dated: 7th September, 202I

OFFICE MEMORANDUM

Subject: Clarification regarding fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefits under MACP Scheme – regarding

The undersigned is directed to refer to this Department’s OM of even number dated 27.08.2019 (copy enclosed) vide which the cadre units of CSCS were requested to furnish the data of the SSAs who were granted 3% increment at the time of MACP and subsequently granted 3% increment at the time of NFSG/ promotion as per the format given in Annexure of the said OM. Granting 3% increment after MACP i.e. at the time NFSG/ promotion is not in order in light of the OM No. 35034/3/2008-Estt,(D) dated 04.07.2017.

2. Thereafter, two reminders dated 16.09.2020 and 21.01.2021 were issued but the information from 24 cadre units of CSCS have not received yet.
3. The Cadre Units of CSCS (as per list attached) are once again requested to furnish the requisite data within a fortnight so that this Divsion may take a final decision in consultation with Estt.(D) regarding recovery of excess amount from the working/ retired persons.

(Bhagirath Jha)
Under Secretary to the Govt. of India

Fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme

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EAST COAST RAILWAY

Headquarter Office/ कार्मिक कार्यालय
Personnel Department/ कार्मिक विभाग
Bhubaneswar/ भुवनेश्‍वर-751017

No. ECoR-HQOPFRS(R)/14/2021(44/21)

Date: 27.08.2021

Sr. DPOs-KUR/ SBP/WAT
Sr. DFMs-KUR/ SBP/WAT
East Coast Railway.

Sub: Grant of Financial up gradation to Station Master under MACPs in compliance to RBE -26/2020 and RBE-8 1/2020, Clarification reg.

Ref: Railway Board’s Lr. No. -PC-V/2021/MACP /3/SECR(E) dated- 07.06.2021

Replying to a reference from SECR/Bilaspur, Railway Board vide its letter under reference has clarified as under:

MACP for the Central Government Employees

1. (a) The illustration No. 1, under annexure attached to RBE 81/2020 is a mere coincidence and the letter dated 18.09.2020 is in concurrence with extant policy instructions on MACPS and also Board’s letter dated 25.02.2020 (RBE-26/2020) and dated 24.11.2020 (RBE No-99/2020).(b) Further, it is stated that based on 7th CPC recommendation, the post of ASM (GP 2800) has been merged and upgraded with the post of SM (GP-4200) and implemented vide Board’s letter dated 02.08.2016 (RBE-93/2016). This merger/upgradation has to be ignored for the purpose of grant of financial upgradation under MACPS in terms of Board’s letter dated-25.02.2020 (RBE-26/2020) and 24.11.2020 (RBE-99/2020 circulated vide ECoR’s Estt. Srl. No. 182/2020).
2. (a) Thus. the promotion from ASM to SM will continue to be ignored for the purpose of reckoning it awards Non Functional Upgradation (NFU) under MACPS, in terms of RBE-26/2020 i.e. it is not superseded by RBE- 81/2020 as far as promotion from ASM to SM its concerned.(b) However. it is also confirmed by Railway Board that ASM absorbed in other cadres before promotion to SM are not eligible for the benefit granted under Board’s Lr. Dated 25.02.2020 (RBE-26/2020) & dated 24.11.2020 (RBE-99/2020).

(H.K.Mahanand)
Senior Personnel Officer-I
For Principal Chief Personnel Officer.

Copy to: PEA/ECoR/BBS, ADRMs-KUR/ SBP/WAT,
Dy. FA&CAO(G)HQ/ ECOR/BBS.

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F. No. A-26017/214/2017-Ad. HA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

North Block, New Delhi,
Dated the 14th July, 2021

To,
All Cadre Controlling Authorities
Under CBIC,

Subject: Clarification regarding counting of service rendered by Inspectors on notional basis for the purpose of MACP Scheme

Sir,

I am directed to refer to letters F. No. GCCO/CCA/Misc/ 6/2020-Admn-O/o CC-CGST-Zone- Jaipur dated 22.02.2021 and F. No. GCCO/CCA/Misc/ 94/2020-CCA- O/o CC-CGST-Zone- Lucknow dated 08.02.2021 received from Jaipur and Lucknow Zone respectively on the subject cited above.

2. In this context, it is informed that the issue was referred to DOP&T for clarification. DOP&T vide I.D. No. 1448864/ 21/CR Dated 29.06.2021 has clarified that “for the purpose of MACP Scheme, service rendered on assumption of charge of the post on regular basis alone will be counted for determining eligibility for next financial upgradation as the MACP Scheme provides that financial upgradation will be admissible to an employee only on spending 10 years after actual joining in the post. Therefore, the period of notional promotion till assumption of charge of the post on promotion shall not count for determining eligibility for a financial upgradation under MACP Scheme”.

3. This is for your information and further necessary action.

Yours faithfully,
Sd/-
(Avneesh Pratap Singh)
Under Secretary to the Government of India
Tel. No. 011-23095528

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