Latest MACP orders from DoPT

Clarification on MACP Grade Pay 4200 to 4600 Inspector Posts

Clarification on Modified Assured Career Progression (MACP) Scheme

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

Dak Bhawan, Sansad Marg, New Delhi – 110001
Dated 10.02.2021

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

Subject:- Clarification on Modified Assured Career Progression (MACP) Scheme reg.

Sir / Madam,

On the above noted subject, this refers to various references seeking clarification on following points of doubt in respect of those employees who were promoted from Inspector Posts (IP) cadre to Asstt. Superintendent of Posts (ASP) cadre in the same Grade Pay Rs. 4600/- (identical pay scale-PB-2nd) during 6th CPC regime:-

• i. Whether promotion earned from IP to ASP cadre in the same Grade Pay of Rs. 4600/- (identical pay scale) in 6th CPC regime can be ignored for Modified Assured Career Progression Scheme (MACPS) purpose under the provisions of para-5 of MACP Scheme of 19th May, 2009, consequent upon upgradation of pay scale of Inspector Posts from Grade Pay Rs.4200/- to that of Rs.4600/-.
• ii. Whether the benefits of 3rd financial upgradation under Modified Assured Career Progression Scheme (MACPS) with subsequent benefits in term of para 6.1 of Annexure-I to OM dated 22.10.2019 (MACPS guidelines) is admissible on completion of 10 years regular service in the same Grade Pay of Rs. 4600/-, or on completion of 10 years from the date of regular promotion to ASP cadre from Inspector Posts in the identical Grade Pay Rs. 4600/-.

2. The matter was examined in consultation with Department of Personnel & Training (DoP&T) and the extract of clarification conveyed by the Establishment (D), DoP&T vide Comp. Dy. No. 1433722/20/CR are re-produced as under:

“….3. ……an official was appointed as Postal Assistant on 19-12-1994 in corresponding GP Rs. 2400/- and subsequently promoted to Inspector of Posts cadre w.e.f 14-10-2004 (in the scale Rs. 5500-9000/- and w.e.f. 01-01-2006 in upgraded scale PB-2 with GP of Rs 4600/) and again promoted to Asstt. Superintendent of Posts (ASP) cadre w.e.f 30-04-2014 (in the identical pay scale with GP Rs. 4600/- & w.e.f 01-01-2016 in upgraded pay Level-8, corresponding to GP Rs. 4800/-).

4. Attention is invited towards para 1 of Annexure-I to DoPT OM No. 35034/3/2008-Estt.(D) dated 19-05-2009 which provides that “There shall be three financial upgradations under the MACPS, counted from the direct entry grade on completion of 10, 20 and 30 years service respectively. Financial upgradation under the Scheme will be admissible whenever a person has spent 10 years continuously in the same grade-pay.”

5. Para 8 of Annexure-I to DoPT OM dated 19-05-2009 further provides 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.”

6. From the information provided by the Administrative Department, 1t may be observed that the said official was appointed as Postal Assistant on 19-12-1994 in corresponding GP Rs. 2400/- and the official has already earned two promotions on 14-10-2004 and 30-04-2014. However, the date of retirement on superannuation in r/o official is not mentioned in the proposal. Therefore, in terms of above provisions under MACP Scheme, the official would be eligible for grant of 34 financial upgradaton 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 but not before 30-04-2024 (on completion of 10 years of service from 2nd promotion) if otherwise, admissible and the official fulfils the other eligibility conditions.”

3. It is therefore, requested to bring these clarifications/instructions to the notice of all concerned immediately and ensure strict adherence in true spirit.

sd/-
(Dr. Vincent Barla)
Director (GDS)

Click to download the order in PDF

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Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated; 30th September, 2020

OFFICE MEMORANDUM

Sub: Cases pending or decided by Hon’ble High Courts/ Tribunals regarding preponement of effective date of Modified Assured Career Progression (MACP) Scheme – reg.

The undersigned is directed to say that the matter relating to grant of benefits w.e.f. 01.01.2006 instead of w.e.f. 01.09.2008 under the MACP Scheme to civilian Central Government employees is presently sub-judice before the Hon’ble Supreme Court of India in a number of cases tagged with SLP Nos. 10811-10813/2018 in the matter of Union of India Vs. Shri Ranjit Samuel, and that all similar matters are being heard together by the Hon’ble Apex Court.

Also check: Delhi High Court Order – MACP is effective from 1.1.2006 as per 6th Pay Commission recommendation, as it forms part of Pay and NOT allowances

2. A large number of references are being received in this Department based on orders of the Hon’ble Tribunals (CAT Benches) and Hon’ble High Courts seeking advice on implementation of such orders allowing grant of benefits under the MACP Scheme from 1.1.2006, as against 1.9.2008, the date provided in the MACP Scheme.

3, Since such orders of Hon’ble Tribunals /High Courts are at variance with the extant MACPS guidelines and for the fact that the primary issue of date of effect of MACPS is sub judice before the Hon’ble Supreme Court of India, this Department is constrained to advise various Ministries/ Departments to either seek review or agitate the matter in higher courts, by challenging such orders.

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

4, Accordingly, Ministries /Departments are, therefore, advised to defend such cases or challenge the orders (where decision has been taken by the Hon’ble Tribunal/High Court) contrary to MACPS guidelines, by bringing the fact that the issue is pending before the Hon’ble Supreme Court of India, to the notice of Hon’ble Tribunals/High Courts.

(Rajesh Sharma)
Under Secretary to the Government of India

Also read: Important Supreme court Judgement – MACP should be given effect from 01.01.2016

The post Benefits under the MACP Scheme from 1.1.2006, as against 1.9.2008, the date provided in the MACP Scheme – Cases pending in High Courts appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

No. 17001/1/2020-NGE-CGA/ 2G
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CONTROLLER GENERAL OF ACCOUNTS

MAHALEKHA NIYANTRAK BHAWAN
‘E’ BLOCK, GPO COMPLEX, INA
NEW DELHI-110023

Dated: 27th July 2020

OFFICE MEMORANDUM

Grant of financial upgradations under Modified Assured Career Progression Scheme.

Reference is invited to DoP&T OM dated 22.10.2019 on the subject mentioned above. Para 6 of the OM ibid “the Screening Committee shall follow a time schedule and meet twice in a financial year – preferably in the first week of January and July of year for advance processing of the cases maturing in that half.”

Now the cases of those PS/AAQOs, who are eligible for grant of financial upgradation upto 31.03.2021 is required to be placed before the Screening Committee.

In view of above, it is requested that all the Ministries/ Departments may forward the cases of such PS/AAOs, in the enclosed proforma alongwith Service Book. complete CR Dossier upto 2018-19 and latest vigilance clearance certificate by 07.08.2021 positively.

This issues with the approval of Competent Authority.

(Madhukar Sharma)
Senior Accounts Officer (HR-4)

To,

The Pr.CCAs/ CCAs/CAs (IC) of Ministries/Departments.
The Joint CGA (Admn.)/ Director (INGAF)/ CC(Pension)/ FC(Civil Aviation)/ADG (B&A) Prasar Bharati.
Sr. A.O. (ITD) for uploading the OM on the CGA website.

Now the cases of those PS/ AAQOs, who are eligible for grant of financial upgradation upto 31.03.2021 is required to be placed before the Screening Committee.

In view of above, it is requested that all the Ministries/ Departments may forward the cases of such PS/AAOs, in the enclosed proforma alongwith Service Book. complete CR Dossier upto 2018-19 and latest vigilance clearance certificate by 07.08.2021 positively.

This issues with the approval of Competent Authority.

(Madhukar Sharma)
Senior Accounts Officer (HR-4)

To,

The Pr.CCAs/ CCAs/CAs (IC) of Ministries/Departments.
The Joint CGA (Admn.)/ Director (INGAF)/ CC(Pension)/ FC(Civil Aviation)/ADG (B&A) Prasar Bharati.
Sr. A.O. (ITD) for uploading the OM on the CGA website.

Proforma for furnishing information in respect of AAOs/PS

APAR Gradings

Source: CGA

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MACP

No.2-24/2019-PCC

Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Date : 22/11/2019

To,

Chief Postmaster General
Rajasthan Circle, Jaipur – 302 007.

Subject: Hon’ble CAT Jaipur Bench OA No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. -regarding grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees.

Sir,

On the above noted subject, I am directed to inform you that this Directorate has received an OA bearing No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. and your office might be received the same being a respondent in the case.

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

2. In the instant OA, the applicant has sought for relief for grant of benefit of MACP Scheme with effect from the commencement of 6th CPC i.e. 01.01.2006 instead of 01.09.2008, by quoting the. judgement dated 08.12.2017 of Hon’ble Supreme Court of India in case of Balvir Singh Civil Appeal Diary No. 3744 of 2016.

3. In this regard, I am directed to forward herewith a copy of Department of Personnel & Training Office Memorandum No. 43019/5/2019-Estt.-D dated 01.11.2019 containing facts / grounds for defending the issue involved in the OA, and request you to kindly get the counter reply prepared and filed on the basis of the facts / grounds provided by the DoP&T.

4. It is also requested to defend the case properly and to intimate the outcome of the proceedings periodically to this Directorate.

Encl: (As Above)

(S.B.Vyavahare)
Assistant Director General (PCC/GDS)

The post Grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees – Hon’ble CAT Jaipur Bench – DoP appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

Grant of financial up gradations under MACPS upto 30.09.2020

No.A-26011/20/MACPS/2017/ MF.CGA(A)/NGE/180
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CONTROLLER GENERAL OF ACCOUNTS

MAHALEKHA NIYANTRAK BHAWAN
‘E’ BLOCK, GPO COMPLEX,INA
NEW DELHI – 110023
Dated: 6th November, 2019

OFFICE MEMORANDUM

Subject: Grant of financial up gradations under Modified Assured Career Progression Scheme (MACP).

Reference is invited to DoP&T OM dated 19.05.2009 on the subject mentioned above Para 6 of the OM ibid “the Screening Committee shall follow a time schedule and meet twice in a financial year for advance processing of the cases maturing in that half.”

Also check: MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

Now the cases of those AAOs/ PS who are eligible for grant of financial up gradations under MACPS upto 30.09.2020 are to be placed before Screening Committee.

In view of above, it is requested that all the Ministries/ Departments may forward the cases of such AAOs/ PS who are eligible for grant of financial up gradation upto 30.09.2020, in the enclosed proforma along with Service Book, complete CR Dossier upto 2017-18 and latest vigilance clearance certificate by 15.11.2019 positively.

This issues with the approval of Competent Authority.

End: As above.

(Madhukar Sharma)
Senior Accounts Officer (NGE)

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New Promotion Rules for Central Government Employees – Modified Assured Career Progression Scheme (MACP)

Central Government accepted the new 7th pay commission promotion rules and implemented for all groups of Central Government employees

Originally adopted by the 5th Pay Commission in 1996 and subsequently by the sixth pay commission, the system for the guaranteed promotion has adjusted the 12 and 24 year requirements to 10, 20 and 30 years.

Also check: MACP FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES – DOPT CONSOLIDATED GUIDELINES

If a worker is not promoted for a period of 10 years, he or she moves to the next tier of the pay hierarchy under the MACP rule.

Now the DoPT has now given a significant order in detail regarding the promised promotional structure.

The OM recommends that the 7th Pay Commission should continue to administer the MACP Scheme 10, 20 and 30 years earlier.

The employees move into the next level of the hierarchy in the new pay matrix. As recommended, all positions, including Group A posts, whether individually or not, will be able to benefit from the Scheme.

However, the services of the organized group “A” are not covered by the scheme. MACPS may proceed in this manner, except for representatives of Organized Group’s’ A’ Programs, to extend to all workers up to HAG level.

The Government has considered and approved the recommendations of MACPS’s Seventh Central Pay Commission. At the age of 10, 20 and 30 the MACPS will continue to be administered. The worker must transfer to the next pay level in the current pay matrix system directly under the program.

The specified Benchmark shall be’ Very Good’ for the granting of financial improvement under the MACP Scheme for all rates.

No increase in the pay level for junior employees would be admissible as a result of pay fixation under the MACP scheme, more than for seniors.

The post 7th CPC latest clarification on MACP scheme – 7th CPC MACP Rules and Regulations – Latest Dopt order appeared first on CENTRAL GOVERNMENT EMPLOYEES NEWS.

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
Railway Board

RBE No. 86/2019

S.No.PC-VII/138
No.PC-V/2016/MACPS/1

New Delhi, dated 28-5-2019

The General Managers (P)
All Zonal Railways & PUs
(As per mailing list)

Sub:- Modified Assured Career Progression Scheme (MACPS) for the Railways Employees-Benchmark Regarding.

Subsequent to acceptance of the recommendations of 7th CPC by the Government regarding raising the benchmark for performance appraisal for promotion and financial upgradation under MACPS from “Good” to “Very Good”, Railway Board vide letter dated 19-12-2016 enhanced the benchmark for grant of financial upgradation MACPS to “Very Good” for all posts. These changes were made effective from 25th July, 2016 i.e. from the date of resolution notified by Department of Expenditure, Ministry of Finance regarding acceptance of the recommendations of 7th CPC.

On the demand raised by the Staff Side persistently in all forums including in the National Council (JCM) for revision of enhanced benchmark on prospective basis, the matter has been considered by the Board and it has been decided that APAR grading “Good” for the period prior to 25-7-2016 i.e. the date from which the new Benchmark was made applicable, may be treated as “Very Good” while considering those cases of MACPS in which APARs for the said period are required to be taken into account.

This issues with the Concurrence of the Finance Directorate of the Ministry of Railways.

Hindi version will follow.

(Subhankar Dutta)
Deputy Director, Pay Commission-V
Railway Board

Source: NFIR

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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)

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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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Indian Railways Technical Supervisors Association
(Estd.1965, Regd. No.1329 under ITU Act,
Website http://www.irtsa.net)

No.IRTSA/Memo RB/2018-8

Date: 08-08-2018

Member Staff,
Railway Board.

Respected Sir,

Subject: Benefits of MACPS w.e.f. 1.1.2006 – since MACPS is given as a part of pay structure and is not an allowances as per recommendations Sixth CPC, Resolution of Govt. thereon and as per judgment of Supreme Court.

Ref: 1. Ministry of Defence letter No.14(1)/99-D(AG), dated 25.07.2018.

2. Judgement of Supreme Court in Civil Appeal No.3744 of 2016 Dated 8-12-2017.

3. Recommendations of Sixth Central Pay Commission para 6.1.15, 6.5.2 & 6.5.4

4. Ministry of Finance Notification No.1/1/2008-I C & Government of India Resolution dated 29.8.2008

5. Railway Board’s OM No. PC-V/2009/ACP/2 (RBE No.101 /2009) dated 10.06.2009 – Regarding Recommendations of Sixth CPC – Modified Assured Career Progression Scheme (MACPS) for Railway Employees,

6. Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

7. Railway Service (Revised Pay) Rules, 2008, No. PC VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

1. a) We seek your kind intervention on date of implementation of MACPS w.e.f 1.1.2006 (instead of 1-9-2008) as has been held by the Supreme Court of India vide its judgment cited above wherein MACPS has been held to be a part of pay structure recommended by 6th CPC and not to be considered as allowance which were implemented from 1.9.2008. The judgement has cited the Resolution of the Government of India dated 30-8-2008 referred to above as Notification of MOF where in in MACPS has been defined as Pay and not as Allowance and has thus to be allowed from 1-1-2006.

b) Consequent upon the said judgment of the Supreme Court Judgement Ministry of Defense made the MACP Scheme operational from 01.01.2006 vide its orders dated 25-7-2018 cited above.

2. Sixth CPC Recommendations on Date of implementation:

a) Reg. Pay Structure: 6 th CPC in para 6.5.2 & 6.5.4 of its report (Annexure-I) had recommended for implementation of revised scheme of pay bands and grade pay as on 1/1/2006 retrospectively

b) Reg. Allowances: 6th CPC had recommended for implementation of revisedallowances to take effect prospectively.

c) Reg. Pay: 6th CPC had recommended for implementation of revised pay retrospectively from 1-1-2006, as clear from the relevant Para reproduce below:

6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.

3. Ministry of Finance vide Gazette of India, Extraordinary Notification of Resolution No.1/1/2008-I C, dated 29.8.2008 had implemented revised pay w.e.f.1.1.2006. But it implemented MACPS and all allowances except DA w.e.f.1.9.2008. Relevant rules of finance ministry resolution is attached as Annexure-II.

4. Ministry of Railways also implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008. Relevant part of RBE No. 103/2008 dated 04.09.2008 is attached as Annexure-III

5. Railway Board implemented the revised rate of 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, vide its letter No. PCV/2008/A/O/1(NPA) (RBE No. 122/2008) dated 22.9.2008. Relevant part of RSRP is attached as Annexure-IV

6. It is very much evident that 6th CPC recommended MACPS as part of pay structure. Subsequent resolution issued by Finance Ministry, (relevant paras of resolution implemented revised pay w.e.f. 1.1.2006. Only the allowances were implemented w.e.f.1.9.2008 while the Pay & DA were revised w.e.f. 1-1-2006.

7. MACPS is a part of pay structure. But MACPS order have been implemented w.e.f.1.9.2008, which is against the 6th CPC recommendations and Government of India’s resolution issued vide MOF Notification dated 29-8-2008.

8. A). Hon’ble Supreme Court of India in Civil Appeal Diary No.3744 of 2016 decided on 8-12-2017(copy of relavant para of judgemnt attached as Annexure-V) had held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and will apply from 01.01.2006.

b). The Court had further ordered and held that there can be no dispute that grant of ACP is part of the pay structure.

C). Apex Court is very clear on its Judgement that, resolution dated 30.08.2008 on implementation of 6th CPC recommendations (with regard to pay structure, pay scales, grade pay, etc) are applicable from 01.01.2006. This is a decision of the Cabinet and could not have been modified by issuing executive instructions.

D). The apex court also disposed bunch of appeals by a common Judgement since similar questions of law are involved.

9. Consquent upon the Judgement of Honb’le Suprem Court, Ministry of Defence vide letter No.14(1)/99-D(AG), dated 25.07.2018 (copy attached as Annexure-VI) made the MACP Scheme operational from 01.01.2006.

10. It is also pertinent to mention that rules & procedures for MACPS is being followed uniformly for all Government employees irrespective of departments / ministries, who are all covered under Central Pay Commissions.

11. It is, therefore, requested that MACPS may please be implemented from 1.1.2006 since MACPS is part of pay structure – as recommended by 6th CPC, accepted by the Government of India vide its Resolution Dated 29-8-2008 and implemented by MoD consequent upon the Judgement of Hon’ble Supreme Court.

Thanking you in anticipation, with kind regards,

Encls: 6 Annexure

Yours faithfully,
Harchandan Singh,
General Secretary, IRTSA

Encls: 6 Annexure

6th CPC recommendations on Date of effect

Relevant para of Gazette of India, Extraordinary, Ministry of Finance Notification No.1/1/2008-I C, dated 29.8.2008

Relevant Para of Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

Rule 4 of Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

Relevant Para of Judgement of Hon. Supreme Court in Civil Appeal No.3744 of 2016 Dated 8-12-2017

Copy of Ministry of Defence letter No.14(1)/99-D(AG), dated 25.07.2018

Annexure-I

6th CPC recommendations on Date of effect 6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.

6.5.4. The Commission is of the view that prospective revision of various allowances is justified as their retrospective revision will give unintended benefits and may also, in some instances, cause loss to the employees as in the case of City Compensatory Allowance. Accordingly, the Commission’s recommendations relating to allowances shall take effect prospectively. All recommendations relating to other facilities, benefits and conditions of service shall also take effect prospectively.

Annexure-II

Ministry of Finance Gazette Extraordinary, No.1/1/2008-I C dated 29.8.2008

Govt. vide resolution dated 29.8.2008 has implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008.

rule (iv) of rule 1. With regard to fixation pay in the revised pay bands, the basic pay drawn as on 1.1.2006 on the existing 5th CPC pay scales will be multiplied by a factor of 1.86 and then rounded of to next multiple of 10. This will be the pay in the revised running pay band. Grade Pay, as approved by Government,corresponding to the pre-revised pay scale, will be then added to the pay in the revised pay band. The total of pay in pay band and grade pay will be the revised basic pay as on 1.1.2006.

rule (vii) of rule 1. Three upgradation will be granted under Assured Career Progression (ACP) scheme at 10, 20 and 30 years as per Modified ACP scheme recommended by the Commission. ACP scheme will also applicable to Group “A” employees.

rule 3. The revised allowances, other than dearness allowance, will be effective from 1st day of September 2008.

Annexure-III

Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

Sub rule (2) of rule1 – They shall deemed to have come into force on the 1st January 2006.

Sub rule (1) of rule 7 – The initial pay of Railway servant who elects, or deemed to have elected under sub rule (3) of rule 6 to be governed by the revised pay structure on or from 1 st January 2006, shall, unless in case the President by special order otherwise directs, be fixed separately in respect of substantive pay in the permanent post on which he holds a lean or would have held a lean if it had not been suspended, and in respect of pay in the officiating post held by him, in the following manner namely:-

(A) In the case of all employees

(i) the pay in the pay band/Pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

Annexure-IV

Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

Rule 4. The revised rates of all allowances, such as House Rent Allowance, Transport Allowance, Children Education Allowance, Special Compensatory Allowance, Special Duty Allowance, Island Special Duty Allowance, Hard Duty Allowance etc will be paid prospectively w.e.f.1.9.2008. Accordingly no arrears will be paid in respect of these allowances. However, Dearness Allowances and non-practicing allowance for medical doctors at rates notified separately, will be payable w.e.f.1.1.2006 or from the date of option.

Annexure-V

(The Apex Court find no merit in bunch of appeals (25 appeals along with civil appeal no. 3744) made on behalf of Union of India and disposed all pending applications in favour of extending the benefit of MACPS w.e.f. 01.01.2006.)

Excerpts from the Judgment of the Apex Court

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO. 3744 OF 2016

Union of India and Ors. .… Appellant(s)

Vs.

Balbir Singh Turn & Anr. ….Respondent(s)

Para 2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.

Para 5. …. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.

Para 6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.

Para 7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted hereinabove. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006.The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

Para 10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. ….

Para 11. …… There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet. This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

Source: http://www.irtsa.net/

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