ALLOWING INDIVIDUAL OPTION TO CHOOSE
EITHER ACPS OR MACPS BY THE EMPLOYEES - REGARDING
A copy of the D.O. letter written by
the Secretary, Ministry of Urban Development to the Secretary, DOPT for
allowing individual option to choose either earlier ACPS or MACPS by the
employees is given hereunder. Shri Moloy Panja of Kolkota has forwarded
this letter to this Association.
We reproduced the letters and given
below for your information...
Sudhir Krishna
Ministry of Urban Develepment
Nirman Bhavan, New Delhi-1101
Secretary to the
Government of India
D.O. No. 55/4/2-13-S&D
Dated 13-08-13
Dear Dr.Sayamal,
Issue of redressal of anomalous and
disadvantageous provisions of MACPS for the Subordinate Engineering cadre and
similarly placed cadres of CPWD has been taken up with DoPT through several
proposals since Me very inception of the scheme but none of the proposals has
found favour. This has resulted in great discontent to the Subordinate
Engineering cadre of CPWD.
Above issue was also discussed with you
informally on 1.8.2013. It was apprised that individual option to choose either
earlier ACPS or MACPS by the employee is the only solution to cater to the
concerns of all individuals. A proposal of this Ministry in this regard under
consideration in DoPT.
As the matter concerns above 6000
subordinate Engineers of CPWD, I would request that they may be allowed to
exercise their individual option to choose either earlier ACPS or MACPS. This
will not only alleviate the discontent in the cadre but also avoid cropping up
of the court cases.
With regards
Yours sincerely
sd/-
(Sudhir Krishna)
Dr. Syamal Kumar Sarkar
Secretary(Personnel)
Department of Personnel & Training
M/o Personnel Public Grievances and
Pensions
North Block.
New Delhi
Sudhir Krishna
Ministry of Urban
Develepment
Nirman Bhavan, New
Delhi-1101
Secretary to the
Government of India
D.O. No. 55/4/2-13-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.
In this context, I would also bring to
the notes that CAT, Chandigarh in OA No. 1038/2010 has allowed grant of
financial upgradations under MACP in the promotional hierarchy, which has been
upheld by Hon'ble High Court of Chandigarh in CWP 1938712011. Although the the
case has not achieved fatality as the SLP had by the Government the in the
Hon`ble Supreme Court was dismissed though not on merits but on account of non
condonation of delay. Thus by allowing individual option. Government shall be saved
of many expected court cases and possible grant of financial upgradations in
the promotional hierarchy under MACPS.
Discontent in tno cadres is affecting
the efficient functioning of the Department. The problem shall further
aggravate, if above proposal of this ministry does not find favour or DoPT in
the circumstances would once again request to consider the proposal favourably,
for allowing option to choose either ACP or MACPS by the individual.
With regards
Yours sincerely,
sd/-
(Sudhir Krishna)
Dr. Syamal Kumar Sarkar
Secretary (Personnel)
Department of Personnel & Training
M/o Persornnel Public Grievances and
Pensions
North Block, New Delhi.
