GRANT MACP ON PROMOTIONAL HIERARCHY – CAT PRINCIPLE BENCH, NEW DELHI
CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION GRANT OF MACP ON PROMOTIONAL HIERARCHY:
CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION, DEPARTMENT OF AGRICULTURE AND COOPERATION, FARIDABAD. THE CASE WAS FILED BY SHRI K S SHARMA, PPO (E)& Ors VIDE OA NO. 2548/2014, MA No. 2167/2014.
GRANT OF MACP ON PROMOTIONAL HIERARCHY: CAT GUWAHATI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO ASSISTANT ENGINEERS OF CPWD. THE CASE WAS FILED BY SHRI NARAYAN KALITA AND 26 ASSISTANT ENGINEERS VIDE OA NO. 040/000052 OF 2014.
By citing the judgments delivered by the Principle CAT, Delhi & High Court Chandigarh on the subject the Hon’ble judges have observed that “ In our considered view the aforesaid judgement rendered by the Chandigarh Bench as upheld by the Hon’ble High Court of Punjab and Haryana as well as judgement passed by the CAT, Principle Bench. In view of the above the present OA is allowed. Respondents are directed to grant scale of pay (PB-3) of Rs. 15,600-39,100+ Grade Pay of Rs. 6600/ attached to the said promotional posts of Executive Engineer from due date to the applicants.
The aforesaid directions shall be complied with within a period of three months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.”
MACP on Promotional Hierarchy to Ministerial Staff
AN APPEAL FOR GRANTING MACP TO THE NEXT PROMOTIONAL HIERARCHY TO THE MINISTERIAL STAFF UNDER FR 9(17) IN SUBORDINATE OFFICES ALSO
The letter received from Shri Pradip Bandyopadhyay, MSME-DI, Kolkata is published hereunder wherein he has raised the issues of Administrative Staff, especially the LDC & UDC, effectively. We are aware that this is the story of the administrative staff of the entire Subordinate Offices.
The successive Pay Commission as well as the Governments has not resolved the issues of the LDC & UDC working the subordinate offices. All our friends are therefore requested to please take up the issue before the 7th CPC in its own importance. Materials/references to be used during the oral evidence are published in this web site.
MACP ON PROMOTIONAL HIERARCHY FOR LDC, UDC & ACCOUNTANT: LETTER RECEIVED THROUGH E-MAIL FROM SHRI MVSS RAMA KRISHNA OF RAJAHMUNDRY
I am m.v.s.s.rama Krishna working as LDC in Doordarshan Maintenance Centre, Rajahmundry which comes under prasar bharati, Ministry of I&B, Govt. of India. We are treating as working on deemed deputation to Prasar bharati and still we are govt. employees only. We are covered by rules and regulations of Central Government only.
Now, coming to the point I am also a sufferer of MACP scheme. In my case also ACP scheme is more beneficial to me why because in MACP next available grade pay has been awarded instead of promotional grade pay. I have joined as LDC on 29-04-1988 and still I am working as LDC though 26 years of service rendered. I have been given Ist ACP after completion of 12 years of service i.e. on 29-04-2000 to the promotional post of UDC i.e. from Rs.3050 pay scale to Rs.4,000 pay scale . In the VI th pay commission my grade pay was fixed at Rs.2,400/- . Next 2 nd MACP has been given after completion of 20 years, but from the date of implementation of the scheme ie. 1-9-2008 with grade pay of 2,800/- which is next grade pay available in the table. Where as our promotion post is ACCOUNTANT with grade pay of Rs.4,200/-.
MACP on Promotional Hierarchy - Judgement of Delhi High Court in WP (C) 3608/2014
OA 864-2014 of CAT Principal Bench was decided on 12.03.2014, accordingly NCERT had appealed to Delhi High Court against it. Now Hon'ble Delhi High Court has dismissed the said appeal by following judgement:-
IN THE HIGH COURT OF DELHI AT NEW DELHI
NATIONAL COUNCIL OF EDUCATIONAL RESEARCH and TRAINING
The repeated requests of the Ordinance Factory Board, Kolkata for implementation of CAT Principal Bench order have been ignored by the Ministry of Defence/DoPT. We produce below the copy of the information on the matter obtained by Shri Vithoba Gopala Dahekar of Nagpur under RTI Act.
Government of India
Ministry of Defence
Ordnance Factory Board
10A, Shaheed Khudiram Bose Road
Kolkata - 700 001.
Sub : OA No.904/2012 - Sanjay Kumar & 18 Ors-V-Uo1 & Ors. - Grant of MACP in the higher grade of promotional hierarchy
Ref : i) CAT Principal Bench order dated 26-11-2012 ii) OFB I.D. No.01/6th CPC/MACPS/PCC(A/A)(Pt.) dated 16-09-2013 iii) OFB I.D. of even No. dated 27-09-2013 & 28/1/2014.
The issue of grant of MACP in the higher grade of promotional hierarchy, was taken up with MOD vide OFB 1 D5 cited at ref (2) & (3) pursuant to judgment dated 26/11/2012 in the subject OA. It may be recalled that the subject OA was filed seeking MACP benefit in the higher grade of promotional hierarchy at the instance of order issued by CAT Chandigarh Bench in O A No. 1038/2010 ~ Shri Tilak Ram -V- UOI & Ors which was upheld by Punjab & Haryana High Court in CWP No. 19387/201 I decided on 19/10/201 1. The Special Leave Petition filed before the Hon’ble Supreme Court was dismissed on 15/4/2013.
According to RTI reply by DoPT - "The Department decided to implement the order dated 31.05.2011 of CAT Chandigarh Bench for grant of financial upgradation in the promotional hierarchy under MACP to Shri Rajpal on personal basis not to be treated as a precedent."
MACP ON PROMOTIONAL HIERARCHY-THE GROUNDS GIVEN BY THE GOVERNMENT FOR NOT GRANTING MACP ON PROMOTIONAL HIERARCHY ( AS GRANTED TO SH. RAJ PAL) TO OTHER CENTRAL GOVERNMENT EMPLOYEES IS NOT CONVINCING. THUS THE HON'BLE CAT, PRINCIPLE BENCH ORDER DATED 12/03/2014 FOR GRANTING MACP ON PROMOTIONAL HIERARCHY IS A REJECTION OF THE GOVERNMENT’S VERSION ON THE SUBJECT.
(Copy of the information obtained by Sh. Vithba Gopala Dahekar, Nagpur on this subject is placed below) -TKR PILLAI
DoPT's clarification - 1. "MACPS upgradations are granted in the hierarchy of Grade Pay as prescribed in the CCS(RP) Rules, 2008, instead of promotional hierarchy" 2. "for grant of MACPS upgradations which come into effect from 01.09.2008, passing of Trade Test is not mandatory"
Ministry of Defence
Department of Defence Production
Sub: ACP / MACP to labourers – reg.
Reference OFB proposal No.800/ACP/MACP/A/I/551
dated : 23.08.2013
The issues involved on the above subject mentioned above had been examined in consultation with D(Civ), Defence(Finance) and DOP&T, DOP&T in the matter has advised in the following manner :
2. Consequent upon implementation of recommendations of 6th CPC, the posts of Unskilled (Labourers) and Semi Skilled Workers have been merged in PB-1 with GP Rs.1800/- (after imparting training) with designation as Tradesman Mate. In case of Tradesman Mate who had completed 30 years of service as on 01.09.2008, would be entitled for financial benefit under MACPS. Hence the following categories of employees are eligible for financial upgradation under ACP/MACPS :
Court Verdict regarding grant of MACP on Hierarchy:
3.In our considered view, once an order has been passed by this Tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. The respondents, therefore, should have considered the representations of the applicants on merits.
4.In view of the above position, we dispose of this OA at the admission stage itself with the direction to the respondents to consider the representations of the applicants in the light of the judgment of Punjab and Haryana High Court in CWP No.19387/2011 (supra) as upheld by the Apex Court in SLP (CC) No.7467/2013(supra) and decide their cases under intimation to them. The aforesaid exercise shall be completed within a period of one month from the date of receipt of a copy of this order. There shall be no order as to costs.
Full Details of CAT Order in OA No. 864/2014
Central Administrative Tribunal - Delhi
Shri Om Prakash vs Secretary (Ncert) on 12 March, 2014
MCM may be considered for third MACP in GP Rs.4600/- Ministry of Defence Order - Restructuring of Cadre of artisan staff in Defence Establishments in modification of Recommendations of 6th CPC – Clarification regarding:-
Ministry of Defence
Subject: Restructuring of Cadre of artisan staff in Defence Establishments in modification of Recommendations of 6th CPC – Clarification regarding.
Reference Ministry of Defence ID note of even number dated the 23.07.2012 on the above mentioned subject. The entire matter has been reconsidered in consultation with the DOP & T and Department of Expenditure. Their advice in the matter is as under:
i) As per provisions of MACP scheme introduced w.e.f 01.09.2008 financial upgradation is admissible in the hierarchy of Grade Pay and placement of Highly Skilled workers (GP Rs.2400/-) as Master craftsman (GP Rs4200/-) is very much considered as ladder in hierarchy of Grade Pays . Ignoring the placement of Highly Skilled as Master Craftsman (non – Functional) will be deviating the provisions of MACPS. Hence placement of Highly Skilled worker as master craftsman (MCM) prior to 01.01.2006 would be offset against one up gradation for the purpose of grant MACP benefits.
ii)MCM being the feeder post to Charge man and since both these posts have identical pay band and Grade pay, financial upgradation under MACPS cannot be to a Grade Pay which is more than what is admissible in regular promotion.
iii) Financial up gragdations earned to non functional post of MCM is to be taken into account as 2nd financial upgradation in so far as MACPS is concerned.
Reminder by Dr. Sudhir Krishna, Secretary, Ministry of Urban Development DO letter [click here to see] to Secretary DoPT regarding MACP Scheme to CPWD Engineer:-
Dr. Sudhir Krishna Secretary to the Government of India, Ministry of Urban Development
D.O. No. 55.4/2013-S&D/8
Dated: 01 Oct, 2013
Dear Dr. Sarkar,
Kindly refer to my DO letter of even No dt. 13.8.2013 in connect:on with redressal of disadvantageous provisions of MACPS for the Subordinate Engineering cadre and similarly placed cadres CPWD.
The proposal sent by this Ministry in Jul'2013 for allowing individual option to choose either earlier ACPS or MACPS by the employee is a balanced and just one and caters to the concerns of all individuals. DoPT must not have any reservation in accepting the same since change of the scheme by the Government should not be to the disadvantage of the individual employee.
Already many court cases for review of the MACPS have cropped in. In this regard, would like to quote a Court Case (OA No. 275/2013) by some Assistant Engineers of CPWD for review of MACPS, draft counter reply to which quoting anomalous end disadvantageous provisions of MACPS was sent to DoPT for vetting. DoPT has not agreed to the reply and intimated that reply should be modified by the administrative ministry mentioning that operation of the both the schemes in the same cadre is against the provisions of MACPS other words individual option to employees to opt for either ACPS or MACPS is not permissible.
AIRF demands benefit of MACP in the case of Junior Clerk in the light of the spirit contained in the Supreme Court's judicial pronouncements which has attained its finality Granting of MACP on promotional hierarchy. Contents of AIRF letter is reproduced below:-
The Principal CAT [OA 904/2012 dt. 26-11-2012], Delhi and the Punjab & Haryana High Court [CWP No. 19387 of 2011 (O&M) Date of Decision: 19.10.2011] have held that MACP is to be granted on promotional hierarchy and not on next higher Grade Pay as per the 6th Pay Commission Recommendation. The SLP filed by Union of India against the P&H decision was dismissed by the Supreme Court [CC 7467/2013].
LDC/UDC issue and granting of MACP on hierarchical basis has been discussed in Confederation meeting on 22-07-2013. T.K.R. Pillai, General Secretary, All India Association of Administrative Staff (Non-Gazetted) has informed through his blog in this regard the blog post is reproduced below:-
The issues put up for discussion in the Confederation meeting on 22/07/2013 were not reflected in the minutes published in the Confederation web site and as such I discussed the matter with Com M Krishnan, Secretary General(SG), Confederation over phone . He informed me that the items put up by us have been discussed in the meeting and decided accordingly; but the same has not been incorporated in the minutes published in the web site. The details of the discussion/decision taken, as said by the SG, are given below:
The SG has said that due to the efforts of the Confederation, the matter has already been taken up by the National JCM Staff side with the Government. The issue is being monitored by the National JCM Staff side at present. In the light of the above the meeting discussed the matter and decided to remind the National JCM Staff side to accelerate the action for the implementation of the upgradation of Grade pay of LDC & UDC.
Generally we all know that the word ‘Hierarchy’ means ‘an arrangement of items’. The same word plays an important role among the government employees. An employee who gets promoted from lower pay-scale to higher pay-scale as a result of promotion, the formation of pay structure is called ‘Promotional Hierarchy’.