Para – 9 of the Annexure – I to DOP&T OM dated
19.05.2009 provides in clearest terms that “regular service for the purpose of
MACPS shall commence from the date of joining of the post in direct entry grade
on a regular basis or on absorption/re-employment basis.”
The existing statutory Recruitment Rules of Postmen
and PA cadre provide for promotion quota to be filled up through LDCE (Limited
Departmental Competitive Examination). Para – 5 of Annexure – I of DOPT Order
on MACPS provides for ignoring only the promotions/upgradations granted under
the ACP scheme (old scheme) in the past to those grades which now carry the
same grade pay due to merger of pay scales/up gradation of posts recommended by
6th CPC. Thus the promotions earned through LDCE are not provided to
be ignored.
As per the summary record of discussions of the
meeting held on 27.07.2012 with the JCM National Council Staff side on issues
relating to MACPS (Annexure III to DOP&T OM No 11/2/2008-JCA dated
13.09.2012) it was decided against item No. 4 that treatment of such cases
would be on the lines as was under the ACP scheme (old scheme) and Ministry of
Railways would examine the matter accordingly. Para 5.1 of Annexure-I to
DOP&T OM dated 09.08.1999 relating to ACP Scheme (old scheme) provides for
counting of regular promotions earned through LDCE.
So far as the common Judgment of the CAT Jodhpur in
OA No. 382/2011, 353/2011 and 354/2011 dated 22.05.2012 is concerned, the CAT
held that whenever and official appears in LDCE and gets selected to the post,
them it starts new innings for him and for the purpose of counting his
stagnation, if any, from the date of joining of the new post alone would be
relevant and his previous career advancement cannot be called as promotion
within the definition of the word “promotion” for consideration of his
eligibility under MACP scheme.
The judgment referred to above is in contradiction
to the provisions of the MACPS as also against the decision of the Government
against item No. 4 referred to in Annexure – III to DOP&T OM No.
11/2/2008-JCA dated 13.09.2012.
MACP Scheme is the Scheme formulated by DOP&T,
the nodal Ministry in this regard. Department of Posts cannot make any change
in the scheme. The Department has accordingly referred the issue to the
DOP&T and provided the required Recruitment Rules as called for by the
DOP&T.
Keeping in view of the existing provisions of the
MACP Scheme as also the decision of the Government against item No. 4,
Department has filed writ petition (Appeal) before the Hon’ble High court of
Jodhpur.
