Summary
Record of discussions of the meeting held on 27th July, 2012 relating to
Modified Assured Career Progression Scheme (MACPS)
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.
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.
