In
the meeting of the National Anomaly Committee, held on 17/07/2012, it was
decided that Joint Secretary (E), DOPT will hold a separate meeting with the
Leaders of Staff Side to discuss the issues relating to MACP Scheme which formed
Agenda Item No 42 of the National Anomaly Committee. Accordingly a meeting was
held on 27/07/2012 in Room No. 190 at North Block, New Delhi. The list of
participants of this meeting is at Annexure IV.
Joint
Secretary (E) DoPT welcomed the participants and stated that the Joint Committee
which was set up by the National Anomaly Committee to discuss the issues
relating to Modified Assured Career Progression Scheme (MACPS) met thrice and
based on the discussions in those meetings a Report of the Committee was
prepared and was placed before the National Anomaly Committee in its meeting
held on 5th January, 2012. However due to shortage of time this item could not
be discussed fully. In the meeting of the National Anomaly Committee held on
17th July, 2012, the Chairman had desired that since the issues involved in
MACP Scheme are complex, another round of consultation through a meeting with
the Staff Side under Joint Secretary (E) DoPT may be held soon. This meeting was
held in pursuance of that decision. Thereafter the report of the Joint Committee
was taken up for discussion.
1.
Grant of MACP in the promotional hierarchy:-
The
Staff Side stated that under ACP Scheme, financial upgradation was granted in
promotional hierarchy and therefore it had become part of service condition of
the employees. Under the MACPS, financial upgradations is permitted in Grade Pay
hierarchy only, thereby adversely affecting the service conditions. Therefore,
under MACPS also the financial upgradations should be granted in promotional
hierarchy.
The
Official Side stated that there was no such recommendation of the 6th CPC and in
fact the Commission in its report, while discussing this issue, had mentioned
that although the ACPS had, by and large, alleviated the problem of stagnation
and also allowed higher rate of increments in the higher scale extended under
it, it had, however, given rise to other problems. The financial upgradations in
that scheme followed the then existing promotional hierarchy which gave rise to
uneven benefit to employees falling in the same pay scale since several
Organisations adopted different hierarchical pattern. Consequently, employees
working in organizations having greater number of intermediate grades suffered
because financial upgradation under ACPS placed them in a lower pay scale
vis-a-vis similar]) placed employees in another organization that had lesser
intermediary grades.
The
6th CPC therefore, recommended a systemic change in the existing scheme of ACPS
whereby all employees, irrespective of the hierarchical structure as prevalent
in their organization/cadre, would get the same benefit under
it.
This
was accepted by the Govt with further modification to grant three financial
upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous
regular service in the immediate next higher grade pay in the hierarchy of the
recommended revised pay bands and grade pay as given in Section 1, Part-A of the
first schedule of the CCS (Revised Pay) Rules, 2008. In fact while accepting the
recommendations of the 6th CPC on this issue there was no such demand by the
Staff Side.
The
Staff Side stated that the employees who were in service prior to 1.1.2006 had
the right to retain first two financial upgradations in the promotional
hierarchy and the Government cannot alter the existing service conditions
adversely. The Official Side however stated that since MACPS is in supersession
of earlier ACP scheme, this cannot be agreed to.
The
Staff Side insisted that at least option be given to individual employees in
this regard to facilitate him/her to opt for either ACP or MACP for availing
benefit of financial upgradation. The Staff Side was insistent that either MACPS
should be in promotional hierarchy or individual options should be given to the
employees.
The
Official Side stated that it was not possible to agree to individual options and
if they have any alternate suggestions, the Staff Side could come back with
them.
2.
Date of effect of MACP Scheme:
The
Staff Side stated that those employees who retired during the period between
1.1.2006 and 31.8.2008 could not get the benefit of MACPS and therefore the
MACPS should be made effective from 1.1.2006. It was pointed out by the Official
Side that during the 5th CPC also the ACPS was made effective from a later
date.
The
Staff Side suggested that in respect of those who had retired/died prior to
1.9.2008, the MACP scheme could be made effective from 1.1.2006. It was pointed
out that there is also the issue of some of the employees, who got the benefit
of ACPS during this intervening period, may be adversely affected because of
this demand.
Thus
the staff Side was advised to reconsider their demand for giving effect to the
MACP Scheme w.e.f. 01.01.2006.
3.
Counting of 50% of service rendered by Temporary Status Casual Labour for
reckoning 10/20/30 years under MACP Scheme:
It
was reiterated by the Official Side that as per para 5 (v) of Appendix
pertaining to Casual Labourers (Grant of Temporary Status and Regularization)
Scheme, 50% of the service rendered under temporary status is to be counted only
for the purpose of retirement benefits after their regularization. Since under
MACPS only continuous regular service is taken into account for allowing 1st,
2nd and 3rd financial upgradations on completion of 10, 20 & 30 years of
continuous regular service respectively, the demand of the Staff Side cannot be
accepted for MACPS.
It
was decided that this issue may be taken up by the Staff Side in National
Council separately.
4.
Treatment of employees selected under LDCE/GDCE Scheme:
It
was decided that treatment of such cases would be on the lines as was under the
ACP Scheme and Ministry of Railways would examine the matter
accordingly
5.
Promotion in the identical Grade Pay:
The
Official Side stated that they will issue instructions for granting one
increment for fixation of Pay in cases of promotion to the same Grade Pay if
they were granted such a benefit post 5th CPC also. Such a dispensation would
then apply while considering financial upgradation under
MACPS.
6.
Financial Upgradation under MACPs, in the case of staff who joined another
unit/organisation on request:
The
Staff Side pointed out that OM dated 01/11/2010 should be suitably
amplified/amended covering the staff that was transferred on request on
reversion to the Unit/Organisation so that the total service rendered in the
previous Unit/Organisation, 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/Organisation from which an employee got reverted/transferred
to the lower post, was also being counted against MACPS which is not
warranted.
The
Official Side agreed to look into this issue.
7.
Extension of benefit of MACPS to an employee appointed in Grade where direct
recruitment element is there while ignoring service and promotion rendered prior
to his appointment in that post:
The
Official Side reiterated that suitable clarifications bearing No.5 in OM dated
09/09/2012 have already been issued and matter stands
resolved.
8.
Stepping up of Pay of Senior incumbents at par with Junior incumbents as a
consequence of ACP/MACPs
It
was stated by the Official Side that stepping up of pay in the pay band or grade
pay with regard to junior getting more pay than the senior on account of pay
fixation under the MACP Scheme can be considered as a special dispensation and
suitable clarificatory instructions will be considered to deal with such
situations.
The
Staff Side also raised the issue of injustice being meted out particularly in
the Accounts Department of Indian Railways wherein the incumbents who cleared
the Appendix examination are drawing less pay as compared to those who could not
qualify the said examination and got the benefit of MACPs. The Staff Side stated
that this led to de-motivation among qualified staff and urged for rectifying
such an anomaly.
It
was agreed to examine this separately and Ministry of Railways was advised to
send the proposal in question.
9.
Benchmark for MACP
It
was decided that suitable instructions will be issued to specifically clarify
that wherever promotions are given on non-selection basis (ie seniority cum
fitness), the prescribed benchmark, as mentioned in para 17 of Annexure I of
MACPS dated 19.5.2009, will not be applicable and the benchmark for promotion
will apply for the purpose of MACPS.
10.
Grant of ACP benefit to Artisan Staff of Ministry of Defence:
The
Staff Side insisted that based on Fast Track Committee recommendations, the then
existing Highly Skilled grade (in the Pre revised pay scale of Rs 4000-6000) was
split equally in the ratio of 50:50 and redesignated as Highly Skilled Grade II
(GP 2400) and Highly Skilled Grade I (GP 2800) with effect from
1.1.2006.
The
Staff Side stated that such placement of employees in Highly Skilled Grade I (GP
2800) with effect from 1.1.2006 to 14.6.2010 cannot be treated as promotion for
the purpose of grant of financial upgradation under MACP Scheme.
The Official Side stated that on the issue of Artisan Staff of the Ministry of Defence, the matter has already been examined on file and Ministry of Defence has been advised accordingly.
The Official Side stated that on the issue of Artisan Staff of the Ministry of Defence, the matter has already been examined on file and Ministry of Defence has been advised accordingly.
The
Staff Side insisted that this should be reconsidered so that placements in
higher Grade may not be taken as promotion for the purpose of grant of financial
upgradation under MACP.The
Official Side stated that this has repercussions on the employees working in
Railways and therefore it is not amenable to acceptance.
(11).
The rest of the items of the Report of the Joint Committee, as indicated below,
were closed as appropriate action had been taken with respect to the issues
raised therein.
(1)
Applicability of MACPS to Group D employees who have been placed in the grade
pay of Rs.1800/- in PB-i.
(2)
Grant of financial up gradation under old ACP Scheme between 1.1.2006 and
31.8.2008
(3)
Counting of services rendered prior to re-appointment for the purpose of
MACP.
(4)
Accounting of services rendered before Removal/Dismissal from service and
subsequent reinstatement in service for the purpose of MACP
Scheme
(5)
Counting of service rendered in State Govt/PSUs etc.
(6)
Regulation of Probation period under MACPS
(7)
Application of MACPS to the Surplus Staff Re-deployed to lower posts in other
Cadres/Organisations.
(8)
Entitlement of the privileges after financial upgradation under MACP
Scheme
(9)
Extension of ACP/MACP Scheme to Staff Car Drivers /Civilian Motor Drivers/MT
Drivers/Fire Engine Drivers etc.
(10)
Pay Fixation on promotion subsequent to grant Of MACPs
(11)
Notional Classification for CGE1S consequent upon MACPs.
(12)
The Staff Side raised the following issues though they were not part of the MACP
Joint Committee Report.
Employees
who got one pro motion prior to 01/09/2008 and completed over two decades of
service without benefit of promotion and are denied third ACP under
MACPs:
The
Staff Side raised this issue and insisted that in such cases, third MACP should
be straight away given to staff from the date subsequent to the date of
completion of two decades of service after promotion. After discussions, the
Official Side while appreciating the position stated that this is a peculiar
situation and agreed to consider this issue on the basis of a reference to be
made by the Ministry of Railways in this regard.
Modification
of recruitment rules particularly in Railways and upgradation granted by
abolition of Pay Scale-Implementation of MACPs
Though
this was not a part of the MACP Report, the Staff Side raised this issue in the
meeting and explained that in the Railways, the lower pay scales were abolished
and posts were upgraded to higher pay scales with revision of recruitment
qualification and designation. In such cases the Staff Side insisted that entry
Grade Pay as a result of upgradation consequent upon abolition of lower Pay
Scales should be taken into consideration for reckoning 10/20/30 years of
service for granting MACP.
The Official Side decided that the Railway Board may send an appropriate proposal to the DoP&T in consultation with the Staff Side.
13.
The Official Side reiterated that MACP Scheme is a fall-back option and the
Ministries have to conduct Cadre Restructuring in right earnest for ensuring
that promotional avenues are available to the staff within a reasonable time
frame. It was agreed that Ministry of Finance would issue instructions to all
Ministries/Departments/Cadre authorities to undertake Cadre restructuring of
Group B & Group C formations in a time bound manner.
The
Staff Side pointed out that the Ministry of Railways is citing the instructions
of Ministry of Finance issued some years back that only one third of the Cadre
could be disturbed, for revising the percentages for the purpose of Cadre
restructuring, the Official Side stated that this would be examined and if
required, necessary clarificatory instructions will be issued to the Ministry of
Railways so that the Cadre Restructuring could be carried
out.
