Wednesday 16 January 2019
Tuesday 15 January 2019
MACP for the Central Government Civilian Employees - regarding
Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees
F.No.A-26017/166/2018-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
North Block, New Delhi
Dated the 9th January, 2019
To
All Cadre Controlling Authorities under CBIC
Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees -regarding
Madam / Sir,
The Modified Assured Career Progression Scheme (MACP) for the Central Government Civilian Employees was introduced on the recommendation of the 6th Central Pay Commission vide Department of Personnel and Training (DoP&T) OM No.35034/3/2008-Estt(D) dated 19.05.2009 w.e.f. 01.09.2008.
2.The Board has been receiving a number of references from individuals/ Commissionerates /CBN, CBIC, seeking clarification on the applicability of the judgement dated 08.12.2017 of the Hon’ble Supreme Court in Civil Appeal Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh Turn & Anr. on grant of MACP from 01.01.2006 instead of 01.09.2008.
3. DoP&T is the nodal Department for regulation of MACP Scheme. The matter has been examined in the Board in consultation with DoP&T. DoP&T has, inter alia, observed that: –
The Order dated 08.12.2017 of the Hon’ble Supreme Court in Civil Appeal Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh Turn & Anr is in the context of MACP Scheme issued by Ministry of Defence (MoD) with regard to Personnel below Officer Rank (PBOR) and hence the order of Hon’ble Apex Court is directly not applicable to the MACP Scheme issued by DoP&T for civilian employees. Therefore, request for grant of MACP benefits w.e.f. 01.01.2006 may not be agreed to on the following grounds: –
(i) The VI Pay Commission recommended separate Schemes for civilian and the Defence Personnel. After the recommendations were considered and approved by the Cabinet, D/o Expenditure issued Resolution dated 29.08.2008 in respect of civilian employees. M/o Defence issued resolution dated 30.08.2008 regarding extension of VI CPC benefits to Armed Forces Personnel. Thus, the Civilian and the PBOR personnel are governed by two different Resolutions.
(ii) The recommendations of the 6th CPC were accepted by the Government only on 29.08.2008 (30.08.2008 in case of PBOR). The recommendations of the 66 CPC were required to be examined and a scheme was to be formulated in consultation with Department of Expenditure and the same took considerable time for its implementation. Before implementation of the Scheme, a cut off date had to be decided/fixed. Accordingly, the Government has taken a conscious decision for implementing the MACPS w.e.f. 01.09.2008. Though the MACPS came into existence only w.e.f. 01.09.2008, the benefits of the existing ACP Scheme of August, 1999, was allowed to the Government servants upto 31.08.2008.
(iii) Changing the effective date of implementation of MACP from 01.09.2008 to 01.01.2006 may be beneficial to certain employees, but this would also place certain other employees at a disadvantage thereby entailing huge recoveries from them. It may be difficult to make recoveries from the employees who have availed higher financial benefit under ACP during 01.01.2006 to 31.08.2008 and retired from service.
(iv) The MACP is a condition of service and, hence, cannot be given retrospective effect. It is upto Government to take a conscious decision to implement it uniformly from a certain date.
(v) It is not feasible to extend the benefits of MACP during 01.01.2006 to 31.08.2008, as more than nine years of time has passed since the implementation of MACP and the issues have been settled as per extant instructions. The change of effective date will lead to surge of litigation particularly from employees who availed the benefits of ACP scheme during 01.01.2006 to 31.08.2008.
(vi) Vide Order dated 14.02.2017, Hon’ble High Court of Judicature at Madras in Writ petition Nos. 33946, 34602 and 27798 of 2014 has held that the benefit of erstwhile ACP Scheme cannot be negated by bringing a new Scheme i.e. MACP Scheme with retrospective effect.
4.Based on the above, you are requested to take appropriate action on the references received on this issue.
5.This issues with the approval of Competent Authority.
Yours faithfully,
(M.K.Gupta)
Under Secretary to the Government of India
நன்றி. நன்றி. நன்றி.
FNPO FNPO FNPO
2019 ஜனவரி 8,9 ஆகிய தேதிகளில் தொழிலாளர் வர்க்கத்தின் வரலாற்று சிறப்பு மிக்க நாடு தழுவிய மத்திய அரசின் தொழிலாளர் விரோத கொள்கைகளை எதிர்த்து நடைபெற்ற போராட்டத்தில் உணர்வு பூர்வமாக தங்களை ஈடுபடுத்தி மிகப்பெரிய வெற்றியினை பெற்றுத் தந்த தோழர், தோழியர் அனைவருக்கும் நன்றி. அரும்பாடுபட்ட அகில இந்திய, மாநில,மண்டல நிர்வாகிகள், கோட்ட, கிளைச்செயலாளர்கள் அனைவருக்கும் தமிழ் மாநிலச் சங்கம் சிரம் தாழ்ந்த நன்றியினை உரித்தாக்குகிறது
தோழமையுடன்,
பொன்.குமார்
தமிழ் மாநிலம்
Revision of pension of Pre-2016 Pensioners – Stagnation Increment
Revision of pension of Pre-2016 Pensioners – Stagnation Increment
“benefit of additional increment has been granted to those officers who were serving as on 1.1.2016. Those who retired/died before 1.1.2016 are, therefore, not eligible for increment after retirement for the purpose of pension.”
No.38/37/2016-P&PW(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
Government of India
Ministry of Personnel, PG & Pensions
Department of Pension & Pensioners’ Welfare
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110 003
Dated the 21st December, 2018
Khan Market, New Delhi-110 003
Dated the 21st December, 2018
Office Memorandum
Subject: Revision of Pension of Pre-2016 pensioners – Stagnation Increment regarding
The undersigned is directed to say that in pursuance of the decision taken by the Government on the recommendations of the 7th CPC, orders were issued vide this Deptt’s OM of even number dated 12.5.2017 for revision of pension/family pension in respect of pre-2016 pensioners/family pensioners by notionally fixing pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which the Government servant / pensioner retired/died. Concordance tables for fixation of notional pay / pension of pre-2016 pensioners were issued vide this Department’s OM of even number dated 6.7.2017.
2. References/representations have been received in this Department seeking clarification on the applicability of the OM dated 7.9.2016 for the purpose of notional pay fixation and revision of pension of pre-2016 pensioners and family pensioners w.e.f. 1.1.2016. The matter has been examined in consultation with the Ministry of Finance (Department of Expenditure). It is clarified that the benefit of additional increment has been granted to those officers who were serving as on 1.1.2016. Those who retired/died before 1.1.2016 are, therefore, not eligible for increment after retirement for the purpose of pension.
3. This issues with the approval of Department of Expenditure vide their I.D. No.1(3)/V-V/2018 dated 4.9.2018 and 1.D. No.1(3)/V-V/2018 dated 28.11.2018
sd/-
(S.K. Makkar)
Under Secretary to the Government of India
(S.K. Makkar)
Under Secretary to the Government of India
Single Male Govt Servants can avail Child Care Leave
Child Care Leave at Six Spells for Single Female Govt Servants
Department of Personnel and Training issued a Notification for granting Child care leave for Single male govt servants and CCL at
Six Spells in a year for Single female govt servants. Read the part of the Notification below
(C) in rule 43-C. (a) for sub-rule (1), the following sub-rule shall be substituted, namely”;
“(1) Subject to the provisions of this rule, a female Government servant and single male Government servant may be granted child care leave by an authority competent to grant leave for a maximum period of seven hundred and thirty days during entire service for taking care of two eldest surviving children, whether for rearing or for looking after any of their needs, such as education, sickness and the like.” ;
(b) for sub-rules (3) and (4), the following sub-rules shall be substituted, namely:-
“(3) Grant of child care leave to a female Government servant and a single male Government servant under sub-rule (1) shall be subject to the following conditions, namely:-
(i) it shall not be granted for more than three spells in a calendar year;
(ii) in case of a single female Government servant, the grant of leave in three spells in a calendar year shall be extended to six spells in a calendar year.
(iii) it shall not ordinarily be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is satisfied about the need of child care leave to the probationer, provided that the period for which such leave is sanctioned is minimal.
(iv) child care leave may not be granted for a period less than five days at a time.
(4) During the period of child care leave, a female Government servant and a single male Government servant shall be paid one hundred percent of the salary for the first three hundred and sixty five days, and at eighty percent of the salary for the next three hundred and sixty five days.
Explanation.—Single Male Government Servant’ means – an unmarried or widower or divorcee Government servant.”;
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