IMPORTANT – DELHI HIGH COURT JUDGEMENT ON MACP IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 06.07.2017
Pronounced on: 20.12.2017
W.P.(C) 9357/2016 HARI RAM & ANR ….. Petitioners

Through : Ms. Jyoti Singh, Sr. Advocate with
Sh. Padma Kumar S., Sh. Amandeep Joshi and Sh. Himanshu Gautam, Advocates.

versus

REGISTRAR GENERAL, DELHI HIGH COURT….. Respondent
Through : Sh. Sanjoy Ghose, Sh. Rhishabh
Jetley, Ms. Pratishtha Vij and Sh. Urvi Mohan,
Advocates

CORAM:
HON’BLE MR. JUSTICE S. RAVINDRA BHAT
HON’BLE MR. JUSTICE S.P.GARG

S. RAVINDRA BHAT, J.
1. Complaining of unjustified denial of third financial upgradation under the Modified Assured Career Progression Scheme (hereafter called “MACPS”, for convenience), the writ petitioners approach this Court under Article 226 of the Constitution for appropriate directions.

2. Both the petitioners joined the establishment of the High Court initially in the cadre of Upper Division Clerk [UDC] (the first petitioner on 05.09.1998 and the second petitioner on 22.10.1984) from which they were promoted to the cadre of UDC (again on 05.09.1998 and 13.05.1999 respectively) and finally to the cadre of Reader (first petitioner on 09.10.2007 and second petitioner on 18.07.2008). The action impugned is the denial of their claim for a third financial upgradation. The petitioners challenge an order of the Screening Committee of the High Court which rejected their claim for third financial upgradation. In terms of the MACPS, an employee is entitled to assured career progression at 10 years’ intervals – thus, the first financial up-gradation is after 10 years of service; the second after 20 years of service and the third, on completion of 30 years of service.

3. The MACPS had its precursor in Assured Career Progression Scheme (ACP), formulated by the Central Government and brought into force with effect from 09.08.1999. The ACP guaranteed career progression after completion of 12 years of service. The precondition for the applicability of ACP and MACPS is that the concerned officer or employee should not have been promoted. As corollary, in the event of promotion, the concerned career progression benefit at the appropriate stage was to be denied. For instance, if an individual is promoted before the completion of 10 years, she or he cannot avail the ACP/MACPS benefit upon completion of 10 years and would instead have to wait for the completion of 20 years for the second upgradation, provided she/he is not promoted a second time in the career. Initially, upon the publication of the ACP, several queries were urged and doubts sought to be allowed, through an Office Memorandum containing clarifications to Frequently Asked Questions. The first of these – applicable to the ACP was published on 01.02.2000. The second was made applicable after the MACPS was brought into force, i.e. 01.09.2008 (through the OM dated 19.05.2009).

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A Question was raised by Shri Rajkumar Dhoot in Rajya Sabha regarding abolishment of Clerical Posts in Government establishments. In a Reply to this Question No.2086, the Minister of State in the Ministry of Personnel, Public Grievances and Pensions DR. JITENDRA SINGH has stated the following..

“The Government of India has not abolished all Clerical Posts in all Government establishments. SSC has made recruitment for the posts of Lower Division Clerk (LDC) and Upper Division Clerk (UDC) in respect of vacancies reported by various Ministries/Departments/Sub-ordinate offices of Government of India.

However, the First Cadre Review of Central Secretariat Service was taken up in the year 2001. The Government had accepted recommendations of the committee in the year 2003 that Direct Recruitment LDC in Central Secretariat Clerical Services (CSCS) cadre may be stopped with immediate effect and all posts of LDC in CSCS presently filled through Direct Recruitment mode be abolished as and when these fall vacant. It was also decided to abolish 90% of the posts in the grade of UDC as and when these fall vacant, in future”

Source : Rajya Sabha.nic.in

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New Delhi: Designations like Lower Division Clerk (LDC) and Upper Division Clerk (UDC) in central government’s employee hierarchy have been replaced with new nomenclature.

The posts of UDC and LDC under Central Secretariat Clerical Service (CSCS) have been rechristened as Senior Secretariat Assistant and Junior Secretariat Assistant, respectively, Order F.No.21/12/2010-CS.I(P) dated December 21 issued by the Department of Personnel and Training (DoPT) said.

Besides, the post of Assistant under Central Secretariat Service (CSS) has been renamed as Assistant Section Officer, it said.

Both the CSCS and CSS form the backbone of administrative work in the central government.

The total sanctioned strength of CSS and CSCS is 11,467 and 5,933 respectively.

Earlier in March, the DoPT had decided to replace the ‘class’ categorisation for specifying the seniority of its employees with new alphabetical groupings.

The posts under the central government will be denoted as groups A, B, C and D instead of classes I, II, III and IV in the service rules, it had said.

The Class-III (Group C) employees had expressed concern that they were taunted as ‘third-class’ employees due to the categorisation.

The Class-I classification is for gazetted officers while Class-II refers to mainly the non-gazetted officers, though there are some gazetted officers in this category too.

Class-III comprises clerical staff and Class-IV (which is now subsumed in Class III or Group C) includes peons and helps or multi-tasking staff in the government hierarchy.

PTI

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Message from Secretary AIAAS(NG) :-

To

Com. M Krishnan,
Secretary General,
Confederation of Central Government Employees & Workers,
New Delhi

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All India MES Admin Cadre and Ministerial Staff Association has planned an indefinite fast at the Official Residence of PM of India on 04.07.2015.  The details about the cause for the fasting is represented before the PM.

ALL INDIA M.E.S. ADMIN CADRE AND
MINISTERIAL STAFF ASSOCIATION
(RECOGNISED BY GOVT. OF INDIA, MIN OF DEF)

AIMESAC&MSA,/ CHQ /2015

30 May 2015

Shri Narendra Modi Ji,
Honble Prime Minister of India,
South Block, New Delhi-11001

INDEFINITE FAST AT THE OFFICIAL RESIDENCE OF PRIME MINISTER OF INDIA ON 04TH IULY 2015 ON ACCOUNT OF ANOMALIES IN GRADE PAY BETWEEN MINISTERIAL STAFF OF MES AND MINISTERIAL STAFF OF AFHQ AND CENTRE SECRETARIAT SERVICES UNDER PR 2008

Respected Sir,

1. The All India MES Adm Cadre and Ministerial Staff Association avails this opportunity to convey your honour its best compliments Warm regards, while putting the following problems before the Honble Prime Minister of India.

(a) GRADE PAY OF OFFICE SUPDT/STENO IN MES :- From 1st CPC to 5th CPC there is historical pay parity of Office Supdt of MES and Assistant .of Central Secretariat and AFHQ, but during Sept 2006 the Govt has upgraded the pay scale from Rs. 5500-175-9000 to 6500-200-10500 of Assistant of Central Secretariats through back door vide DOPT letter No. 20/ 29/ 2006. CS-II dt. 25 Sept 2006 (copy enclosed). Thereafter the matter was raised in the department JCM meeting of Min of Defence during July 2007 and it was told in the department JCM meeting that the matter is being referred to 6th CPC. The 6th CPC vide Para 3.1.14,(copy enclosed) of its report has clearly stated that there should be pay parity between field and secretariat staff upto the level of Assistant. Accordingly the pay of Office Supdt of MES and Assistant of Central Secretariats and AFHQ was equal. Again the DoP&T vide its letter No. 7/7/2008/CS-1(A) dt. 21 Dec 2009 (copy enclosed) has upgraded the grade pay of Assistant of Central Secretariats and AFHQ from Rs. 4200/- to Rs. 4600/- on the request of some Service Associations and individual Officials and ignored the recommendation of the expert body ie. VIth CPC by not granting similar pay scale for similarly situated staff i.e. Office Supdt. of MES. Although, the Assistant of Central Secretariat remains in Delhi throughout their entire services whereas the office supdts of Military Engineers Service are posted from one place to another after regulars intervals of times. The office supdt of MES is serving in peace, filed and high altitude area shoulder to shoulder with combatants as well as in AFHQ (in E-in-C’s Branch, Integrated HQ MoD) (Army) across the table of Assistant of AFHQ for a very long time. It is further submitted that the’ charter of duties of office supdt of MES is larger than the charter of duties of Assistant of Central Secretariat and AFHQ. The copies of charter of duties of office supdt of MES and Assistant of AFHQ are enclosed for perusal please. Therefore it is requested to please upgrade the pay scale of Office Supdt of MES in pre-revised pay scale from Rs. 6500-10500 to Rs. 7450-225-11500 as already upgraded for the Assistant of Central Secretariat. and AFHQ.

b) GRADE PAY OF UDC STENO III OF MES :- Similarly the Govt of India has upgraded the grade pay of 30% UDCs/Steno D of Central Secretariats and AFHQ from Rs. 2400/ – to Rs. 4200/ – by giving them NFSG grade while ignoring the UDCs of MES, although the 6th CPC vide Para 3.1.14 of its report has stated that there should be pay parity between field and secretariat staff up to the level of Assistants. Therefore, it is requested that suitable instructions may please be issued to upgrade the grade pay of UDCs of MES from Rs. 2400/ – to Rs. 4200/ – w.e.f. 01.01.2008 as already upgraded for UDCs servicing in Central Secretariat & AFHQ by the Govt vide DOPT letter No. 20 / 49 / 2009-CS-II(B) dt. 22.06.2011 (copy enclosed).

2. The Association has, already approached to the following authorities on the above issues :-

(a) DG (Pers) E-in-C’s Branch vide letter No. ‘AIMESCCGDEA/Thu/2009 dt. 18.06.09 (copy’ enclosed) and discussed the issue in all the meetings held in E-in-C’s Branch but no action has been taken.

(b) Secretary Ministry of Defence vide letter No. AIMESCCGDEA/Wed/20011 dt. 30 Aug 2011 (copy enclosed).

(c) Defence Minister vide letter No. AIMESCCGDEA/Fri/2011 dt. 09 Sep 2011 (copy enclosed).

(d) Sh. Pranab Mukherjee, The then Hon’ble Finance Minister, Govt of India vide letter No. AIMESCGGDEA/Mon/2011 dt. 09.05.11 (copy enclosed).

(e) Dr. Man Mohan Singh the then Hon’ble Prime Minister of. India vide letter No. IMESCDEA/Mon/ZOI dt.12.09.2011 (copy enclosed)

(f) Sh Manohar Parrikar, Defence Minister vide letter No AIMESAC&MSA/CHQ/2015 dt 23 Mar 2015.

3. The above pay scales have been provided to the Assistant and UDCs serving in the Central Secretariat and AFHQ due to the influence of PMO office as revealed from the letter attached as Appendix ‘A’. Therefore, the Association is approaching to the Honble Prime Minister of India to give similar pay scales to the staff of Military Engineering Services under Ministry of Defence. If our above requests are not accepted by the Honble Prime Minister of India by 30th June 2015, then the members of this Association has left no other option except to sit on indefinite fast on 04th July 2015 at the official residence of Prime Minister of India in support of the demands of this Association.

With Warm Regards,

Yours faithfully,

(Braj Kishore)
General Secretary

(Jit Singh Sharma)
President

All India MES Admin Cadre and Ministerial Staff Association AIMESAC&MSA,/ CHQ /2015 dated 30.05.2015

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Kendriya Vidyalaya Sangathan

18, Institution Area,
Shaheed Jeet Singh Marg
New Delhi -110016
Tele.:011-26858570/26514179(Fax)
Website: www.kvsangathan.nic.in

Speed Post

F.NO. 11056/LDE/UDC/2014-KVS(HQ)(E-111)

Date : 20.03.2015

MEMORANDUM

SUBJECT: Promotion of LDCs to the post of UDC through Limited Departmental Examination for the year 2012-13 & 2013-14) – Revised Panel.

The Competent Authority has approved promotion of the following Lower Division Clerks to the post of Upper Division Clerk consequent upon their selection through Limited Departmental Examination for the year 2012-13 & 2013-14, in the pay band of Rs.5200-20200 with Grade Pay of Rs. 2400/- and posted to Kendriya Vidyalayas/ROs/HQ as shown in column 6 against their names.

They must communicate their unconditional acceptance positively by 23.03.2015 and get relieved by 30.03.2015 for joining the place of posting as UDC after availing joining time as per rules. If they fail to get relieved by 30.03.2015 this offer of promotion will automatically be treated as withdrawn and no further communication will be entertained in this regard. The candidate who is figuring in the select panel for both the years i.e. 2012-13 and 2013-14 with posting to one place, wilt have the option to accept his /her offer for any one year of his/her choice by 23.03.2015. If the candidate accepts the offer but does not mention the year of panel, it will be assumed that he /she has accepted the offer for the year 2012-13.

Source: http://kvsangathan.nic.in/GeneralDocuments/ann-20-03-15.pdf

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No. 19/2/2014-CS.I (P)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
CS.I Division

Dated the 19th February 2015

OFFICE MEMORANDUM

Subject:: Reintroduction of direct recruitment in LDC in Central Secretariat – meeting to discuss to elicit views regarding

The undersigned is directed to say that on the recommendations of the Committee on the Cadre Restructuring of CSS (3rd ), a proposal is under consideration of this Department for re-introduction of direct recruitment in the grade of LDC in the Central Secretariat.

2. In this regard, it has been desired to elicit views of the stakeholders in the matter. Accordingly, all  Ministries/Departments, Service Associations and individual officers are requested to submit their views on the issue urgently, latest by 10 March 2015. The views may be furnished via e-mail at uscs1-dopt@nic.in

3. A brief on the issue is attached.

(V. Srinivasaragavan)
Under Secretary to the Government of India
Tele.: 24629412

To
All Ministries/Departments
Service Associations and individual officers

REINTRODUCTION OF DIRECT RECRUITMENT IN THE GRADE OF LDC

As a part of first cadre review of CSS in the year 2003, direct recruitment to the Lower Division Grade (LDC) of CSCS was stopped. Eighty Five percent of the posts of LDCs were then filled up through direct recruitment quota and accordingly, after implementation of the first cadre review, 85% of the posts of
LDCs falling vacant every year are being abolished. The remaining posts are filled up by promotion from the erstwhile Group D employees (now MTS). Over the years, strength of LDCs in the Ministries/ Departments has come down substantially from the original level of about 5300.

2. The Second Administrative Reforms Commission endorsed the
decision of phasing out of direct recruitment in LDCs. The Core Group on Administrative Reforms (CGAR) also agreed with the recommendations of ARC. However, the Group of Ministers did not agree phasing out of LDCs and directed that the matter be reconsidered.

3. As the issue of reintroduction of direct recruitment in the LDC has multifarious dimensions / implications like change in work culture in the Govt. of India, E-governance, impact on Multi-Tasking Staff, UDC, Assistant cadre etc. it was referred to the 3rd cadre restructuring committee of CSS.

4. The pros and cons of reintroduction of direct recruitment in LDCs may be as under:

Pros

(i) More availability of manpower in the Sections. Presently, Central Secretariat is heavily top loaded with only 6700 Assistants feeding to 3200 SOs, 1600 USs and 1200 DS/Dirs;

(ii) Salary of a LDC is much less comparing that of an Assistant;

(iii) More continuity and institutional memory as compared to outsourced staff;

(iv) If manpower is to be increased at lower level it could be either at Assistant level or at LDC level. Direct recruitment at LDC level with Promotion to UDC and Assistant would create less problem of stagnation than increased direct recruitment at Assistant level;

(v) Quality of direct recruit LDCs is reasonable.

Cons:

(i) We would be going back from the principles of officer oriented system in the Gentral Secretariat;

(ii) In the era of e-governance, paperless office and multi skilling, maintaining a large cadre of LDCs to carry out routing office jobs manually may be regressive;

(iii) The savings shown in the first cadre restructuring of CSS would disappear;

(iv) LDCs in terms of salary, pension contribution and other benefits would cost much more than outsourced staff;

(iv) There could be conflict of promotional opportunities between direct recruit LDCs and Assistants

5. However, in the absence of LDCs, a number of Ministries/Departments have resorted to engaging out-sourced staff to manage basic activities like diary/dispatch, movement of files/papers, typing etc. and there is a functional need to strengthen the institutional memory and level of commitment cannot be expected from outsourced staff.

6. The 3rd CRC has recommended re-introduction DR in LDC in limited manner with simultaneous reduction in DR in Assistant grade.

7. However, in view of increased use of information technology tools and progressively more officer oriented system there is a much less requirement of ministerial staff than previously and therefore if direct recruitment in LDC is reintroduced it should be limited in number they should mostly be utilised in regulatory ministries where the volume of correspondence/ dak/ diarizing work
is higher.

8. In the changed IT environment, the intake of 200-250 may be adequate  to arrive at the sustainable number of about 2000 LDCs and equal number of UDCs over the years with the combined strength of 4000.

9. To provide adequate promotional avenues to the newly recruited LDCs, the percentage of intake of DR Assistant may be reduced to 60% (from the existing 75%) leaving 40% of the vacancies in the Assistant grade to be filled up by seniority/LDCE quota from the UDC grade. Reduction in direct recruitment in Assistant would in the long run reduce stagnation in senior grades of CSS.
Original Order

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3rd Floor, Lok Neyak Bhawan,
Khan Market, New Delhi – 110 003.
Dated: 18th February, 2015.

Office Memorandum

Subject: Ad-hoc promotion to the grade of Assistants from UDCs grade of CSCS.

The undersigned is directed to refer to the O.M No. dated 12.02.2015 wherein orders were issued for promoting eligible officials out of the list .attached to the O.M No. dated 27.01.2015. Further, to this O.M a copy of the proforma required to be filled by those officials who have been found fit by the DPC could not be adjusted in their own Ministries/Departments due to lack of vacancies is attached herewith.

2. All the Cadre Units are requested to obtain the willingness of such officials concerned in the proforma for their deployment to other Ministries/Departments where there are surplus vacancies available. The preferences may be indicated in the proforma accordingly. The posting however, shall depend upon the vacancy position and administrative requirement and not strictly as per the preference given by the officials.

3. As already stated in our O.M of even number dated 12.2.2015, it is reiterated that the entire process be completed by 18.02.2015 and the details may be furnished to this Department immediately thereafter.
Encls: Annex-I to II.

(K. Suresh Kumar)
Under Secretary to the Govt. of India
Tel: 24654020.

To: All Ministries/Departments.

Source: http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/17.pdf

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Press Information Bureau
Government of India
Ministry of Personnel, Public Grievances & Pensions

11-December-2013 18:14 IST

Qualifying Service for Promotions

The qualifying service of UDCs of CSCS has been enhanced to ten years for promotion to the Assistants’ Grade vide CSS (Preparation of Select Lists for the Section Officers’ and Assistants Grades) Regulations, 2013, notified on 12th July, 2013.

These Regulations have been given retrospective effect from 1st July, 2009. The DoP&T’s OM dated 25.3.1996 which provides for relaxation in eligibility service to seniors when their juniors are considered for promotion has no bearing on enhancement of qualifying service.

This was stated by Shri V. Narayanasamy, MOS (PP) in written reply to a question by Shri Raju Shetti in Lok Sabha today.

Source: http://90paisa.blogspot.in/2013/12/qualifying-service-for-promotions-of.html

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Up-gradation of Grade Pay of LDC and UDC: TCase returned by DoPT to General Secretary, All India Association of Administrative Staff (NG), NSSO(FOD)& directed to take up the matter with MoF.  Contents of DoPT letter reproduced below:-

No. 25/2/20134-CS.II (B)
Government of India
Ministry of Personnel, PG & Pension
Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan, Khan Market,
New Delhi dated 19thSeptember, 2013

To
T.K.R. Pillai,
General Secretary,
All India Association of Administrative Staff (NG),
NSSO (FOD), Hall No. 201 & 205,
Vijay Stumbh, Zone 1,
Maharana Pratap Nagar,
BHOPAL

Subject: Up gradation of Grade pay of LDC and UDC in the Administrative Branch of Government of India offices.

Sir,
I am directed to refer to your letter No. 3/65/2013 dated 20.6.2013 on the above subject. This Division deals only with LDCs and UDCs of Central Secretariat Clerical Service (CSCS). As the matter referred to in your letter pertains to LDCs and UDCs of Non-CSCS category, you are requested to take up the matter directly with the Ministry of Finance (Department of Expenditure). Your letter No. 3/65/2013 dated 20.6.2013 in original is returned herewith.
Yours faithfully,

(K. Suresh Kumar)
Under Secretary to the Govt of India

General Secretary, AIAAS (NG)’s message thereon:-

Dear friends,
As has already been informed, the Letter sent to the PM for revision of Grade pay of LDC & UDC by us has been forwarded to JCA, by the DoPT. Accordingly, a letter seeking the status of action taken from the Deputy Secretary, JCA was prepared but before sending the same to him,  the case has received back from the DoP&T wherein it was directed us to take up the matter directly with the Ministry of Finance (Department of Expenditure). The copy of the letter is posted below:

It is to be noted that while forwarding the case to JCA, the DoPT has observed the LDC & UDC case is related to anomaly and the JCA is the authority to deal the cases of anomaly. An agenda item pertains to the upgradation of the grade pay of the LDC and UDC is pending for discussion in the National Anomaly Committee and the JCA has to convene the meeting for the same. And thus the case should have been put up to National Anomaly Committee. But, now the case is received from the DoPT and not from the JCA and the ground on which the case is returned to the DoPT is not known.

Since the DoPT has asked us to take up the matter with Ministry of Finance it would be sent. But, we cannot say the action to be taken by the MoF on this most genuine anomaly in the wake of the announcement of 7th Pay Commission/involvement of expenditure. And yet, we have hope, the MoF would suggest something positive. In case it is not happened, as has been suggesting by the readers, it is a case fit to move in the Principle bench of the CAT, I think.

Suggestions on future action on the matter from the readers are requested please.

With warm regards

Sincerely Yours

(TKR Pillai)
General Secretary
Mob 09425372172

Source: http://aiamshq.blogspot.in/2013/10/ldc-udc-issue-case-returned-by-dopt.html

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