MACP guidelines

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BOMBAY HIGH COURT JUDGEMENT DATED 15-10-2018 ON MACPS

3. The challenge in this petition to the judgment and order dated 16th April, 2013 made by the Central Administrative Tribunal (for short 'the CAT'), dismissing the Original Application No. 145 of 2013 instituted by the petitioner seeking benefit of Modified Assured Career Progression (MACP) with effect from 1st January, 2006 along with all other consequential benefits.

4. Mr. M. P. Joseph-the petitioner in person submits that the issue raised in the present petition is answered in favour of the petitioner by the Hon'ble Apex Court in the case of Union of India and others Vs. Balbir Singh Turn and another (2018) 11 SCC 99 and therefore the CAT's impugned judgment and order may be set aside and the relief prayed for by him in his Original Application No. 145 of 2013 be granted.

5. The learned Counsel for the respondents submit that the benefit under the MACP cannot be regarded as any part of the pay structure extended to the civilian employees and therefore the CAT was justified in denying relief to the petitioner. The learned Counsel submit that the recommendations of the pay commissions are not per-se binding upon the Government and the implementation, including the date from which such recommendations are to be implemented are matters in the discretion of the Government. Since, in the present case, implementation in respect of allowances was directed with effect from 1^st September, 2008, the petitioner was not at all justified in seeking implementation with effect from 1st January, 2006. For these reasons the learned Counsel for the respondents submit that this petition may be dismissed.

6. The rival contentions now fall for our determination.

7. There is no dispute in the present case that the petitioner is eligible for receipt of benefits under the MACP. The only dispute is whether the petitioner is required to be granted the benefits under the MACP with effect from 1^st January, 2006 as claimed by him in his Original Application No. 145 of 2013 or whether such benefits are due and payable to the petitioner with effect from 1st September, 2008 as contended by and on behalf of the respondents.

8. The sixth pay commission made recommendations with regard to Armed Forces Personnel. By a resolution dated 30^th August, 2008, the Central Government resolved to accept such recommendations with regard to Personnel Below Officer Rank (PBOR) subject to certain modifications. Clause (i) of this resolution as relevant and the same reads as follows:-

“(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 1-1-2006 and revised rates of allowances (except dearness allowances/relief) with effect from 1-9-2008;”

9. As noted earlier, the only issue which arises in the present petition is whether the benefit under MACP is to be regarded as a part of the pay structure of pay bands and grade pay or whether such benefit is to be regarded as “allowances (except dearness allowance/relief)”. If the benefit under MACP is to be regarded as a part of the pay structure of pay bands and grade pay, then obviously the petitioner is right in contending that such benefit will have to be extended to him with effect from 1st January, 2006 in terms of Clause (i) of the aforesaid resolution dated 30th August, 2008. However, if, as held by the CAT in the present case, the benefit of MACP is to be regarded as “allowances (except dearness allowance/relief)”, then the respondents would be right in their contention that such benefit is payable only with effect from 1st September, 2008.

10. The aforesaid was the precise issue which arose for consideration in case of Balbir Singh Turn (supra). The Apex Court upon consideration of the Central Government Resolution dated 30th August, 2008 along with Part-A of Annexure-I thereto has clearly held that the benefit under MACP is a part of the pay structure and therefore such benefit was payable from 1st January, 2006 and not from 1^st September, 2008.

11. The reasoning is contained in paragraphs 6, 7 and 8 ofMthe Apex Court ruling, which reads as follows :-

“6. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quotedhereinabove. A bare perusal of Clause (i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 1-1-2006. The second part of the clause lays down that all allowances except the dearness allowance/relief will be effective from 1-9-2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

7. We may also point out that along with this Resolution there is Annexure I. Part A of Annexure I deals with the pay structure, grade pay, pay bands, etc., and Item 10 reads as follows:

10

Assured Career Progression Scheme for PBORs. The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter-Services Committee to consider the matter after the revised scheme of running bands is implemented (Para 2.3.34)

Three ACP upgradations after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of grade pays, which need not necessarily be the hierarchy in that particular cadre.

Part B of Annexure I deals with allowances, concessions and benefits and conditions of service of defence forces personnel. It is apparent that the Government itself by placing MACP in Part A of Annexure I was considering it to be the part of the pay structure.

8. The MACP Scheme was initially notified vide Special Army Instructions dated 11-10-2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30-8-2008 Special Army Instructions were issued on 11-10-2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows :

“15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.”

Thereafter, another letter was issued by the Adjutant General Branch on 3-8-2009. Relevant portion of which reads as follows :

“... The new ACP (3 ACP at 8, 16, 24 years of service) should be applicable w.e.f. 1-1-2006, and the old provisions (operative w.e.f. the Vth Pay Commission) would be applicable till 31-12-2005. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.”

Finally, on 30-5-2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:

“5. The Scheme would be operational w.e.f. 1-9-2008. In other words, financial upgradations as per the provisions of the earlier ACP scheme (of August 2003) would be granted till 31-8-2008.”

Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30-5-2011 the benefit of MACP was available from 1-1-2006.”

[emphasis supplied]

12. The CAT, when it delivered the impugned judgment andorder dated 16th April, 2013 did not have the benefit of the ruling of the Apex Court in Balbir Singh Turn(supra) which was decided only on 8th December, 2017. The view taken by the CAT in the impugned judgment and order is now in direct conflict with the view taken by the Apex Court in Balbir Singh Turn (supra). Obviously, therefore, the impugned judgment and order will have to be set aside and the petitioner will have to be held to be entitled to receive the benefits under MACP with effect from 1st January, 2006 together with all consequential benefits.

13. The contentions raised by and on behalf of the respondents cannot be accepted, particularly, in the light of the ruling of the Apex Court in Balbir Singh Turn (supra). The Apex Court, in clear terms and in the precise context of Central Government's resolution dated 30th August, 2008 held that the benefit of MACP is a part of the pay structure and not merely some allowance. The Apex Court has held that the benefit of MACP affects not only the pay but also the pension of an employee and therefore, the same, is not an allowance but part of the pay itself. In terms of Clause (i) of the Central Government's resolution, admittedly, the pay component became payable with effect from 1st January, 2006 unlike the allowance component which became payable from 1^st September, 2008.

14. Besides, this is not a case where the petitioner was insisting upon preponement of the date for implementation of the recommendations of the pay commission. The Central Government, vide resolution dated 30th August, 2008 had already accepted the recommendations with regard to POBR, no doubt subject to certain modifications. The relief claimed by the petitioner was entirely consistent with Clause (i) of the resolution dated 30th August, 2008, which in fact required the Government to extend benefits of revised pay structure of pay bands and grade pay, as well as pension with effect from 1st January, 2006.

15. Accordingly, we dispose of this petition with the following order:-

O R D E R

(a) The impugned judgment and order dated 16th April, 2013 made by the CAT is hereby set aside.

(b) The petitioner is held entitled to receive the benefit of MACP with effect from 1st January, 2006 together with all consequential benefits.

(c) The respondents are directed to work out the benefits of MACP with effect from 1st January, 2006 together with consequential benefits and to pay the same to the petitioner as expeditiously as possible and in any case within a period of three months from today.

(d) If, such benefits/consequential benefits are not paid to the petitioner within three months from today, then the respondents will liable to pay interest thereon @ 6% p.a. from the date such payments became due and payable, till the date of actual payment.

(e) Rule is made absolute in the aforesaid terms. There shall however be no order as to costs.

( M. S. SONAK, J. )                                                          ( A. S. OKA, J. )

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World postal day celebration at circle office.

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Clarification on bench mark of "Very Good " in cases of MACP

Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees - Implementation of the 7 th CPC recommendations - Clarification regarding revised benchmark of "Very Good " of APAR grading.

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MACP in 7th Pay Commission – CGDA Clarification

X1/11051/MACP/2016/V01-I

Dated 10/08/2017

To
PCA (Fys), PCsDA/CsDA
Sub: Modified Assured Career Progression(MACPs) for the Central Government Civilian employees:Implementation of Seventh CPC Recommendations
Various reference has been received from different Controllers regarding grant of benefit of MACP for the Central Government Civilian Employees.

In this connection, it is intimated subsequent to implementation of VIth CPC, Modified Assured Career Progression Scheme was introduced with effect from 01/09/2008 vide DOP&T OM No.35034/3/2008-Estt(D) dated 19/05/2009. Subsequently, clarifications/FAQs have been issued in the matter vide DOPT OM dated 16/11/2009, 09/09/2010, 01/04/2011, 13/06/2012, 04/10/2012 and 10/12/2014.

2. In this matter attention is also invited to Para 4 of Annexure 1 to OM Dated 19/05/2009, which clearly stipulates that benefits of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the scheme.

3. With the implementation of 7th CPC, DoPT vide its OM No.F.No. 35034/03/2015-Estt(D) dated 27/28th September 2016 has made amendments to Para 1 & 2 of OM dated 19/05/2009 and Para 17 (annexure to OM dated 19/05/2009 vide Para 3 and 5 respectively, while making the changes effective from 25/07/2016, i.e. date of resolution notification by DOPT.

4. Thus it is imperative from the DOPT OM dated 27/28th September 2016 that the provisions contained in OM Dated 19/05/2009 (with subsequent clarifications/FAQs dated 16/11/2009, 09/09/2010, 01/04/2011, 13/06/2012, 04/10/2012 and 10/12/2014) read with amendments as proposed in DOPT OM Dated 27/28th September 2016 are in effect w.e.f. 25/07/2016. Accordingly all cases of MACP arising on or after 25/07/2016 may be dealt with as per DOPT OM dated 27/28th September 2016

Click to Read :  7th CPC MACP Order dated 27/28th September 2016 issued by DOPT 

5. Cases prior to 25/07/2016 may be dealt with existing provisions of MACP as per DOPT OM Dated 19/05/2009 (with subsequent clarifications/FAQs dated 16/11/2009, 09/09/2010, 01/04/2011, 13/06/2012, 04/10/2012 and 10/12/2014).

6. It is further intimated that the orders on comprehensive MACP Scheme as mentioned in DOP&T letter dated 28/09/2016 have not yet been issued by DOP&T. The same shall be circulated on receipt.

sd/-
(Vishav Jit Gandotra)
For CGDA

Download : MACP Order 2017

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CAT Bangalore directed the department to implement to all benefits of MACP to Departmental officials on par with direct recruits.

 

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MACP for Central Government Employees: DOPT Clarification for Pay Fixation

No.35034/3/2008-Estt(D) (Vol. II)

Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

New Delhi 110001
Dated the 04th July, 2017

OFFICE MEMORANDUM

Subject : - Modified Assured Career Progression Scheme for the Central Government Employee – Clarification regarding

The undersigned is directed to invite reference to the Para 4 of Annexure-I of the Modified Assured Career Progression Scheme issued vide the Department of Personnel and Training Office Memorandum No. 35034/3/2008-Estt.(D) dated May 19, 2009, providing that benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial up gradation under the scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such up gradation. There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion, if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available

2. Reference have been received from various Ministries / Departments whether, at the time of regular promotion/grant of Non-Functional Scale, the employee may be allowed to draw the difference in Grade Pay after availing regular increment in the Pay Band and Grade Pay w.e.f. date of promotion or date of next increment consequent to MACP.

3. The matter has been considered in this Department in consultation with the Department of Expenditure and it has been decided that the Para 4 of the Annexure-I of the MACP Scheme would be modified as under :

“benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion/grant of Non-functional scale, if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion / grant of Non-Functional Scale, if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. At the time of such regular promotion/grant of Non-Functional Scale to the higher grade pay than what has been given under MACPS, the employee shall have the option to draw the difference of Grade Pays from the date of such regular promotion/grant of Non-Functional Scale or the date of accrual of next increment in the pay allowed under MACP”

4. This modification in the MACP scheme is being issued in consultation with the Department of Expenditure

sd/
(G.Jayanthi)
Director(E-I)

Signed copy

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Fixation of Pay on up-gradation of Grade Pay of IPs/ASPs under MACP SCheme : DoP Order.

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Fixing Very Good as Benchmark for granting MACP is not acceptable-Shiva Gopal Mishra

AIRF
All India Railwaymen Federation

D.O.No.AIRF/MACPSDated: May 22, 2017

Dear Shri Mittal Ji,

Sub: Recommendations of 7th CPC on benchmark for the purpose of MACPS – Clarification reg.
Ref.: Railway Board’s letter No.PC-V/2016/MACPS/1 dated 19.05.2017

This issue has been discussed with you on several occasions individually as well as jointly, where I mentioned that, the Cabinet Secretary has agreed to us that, the Railways being working under different working conditions, and for operation of the trains, a flow process system is in vogue, that is the reason, in the selections for various posts and categories; bench marking system had been introduced after VI CPC when DoP&T issued instructions that, financial upgradation under MACPS should be based on “Very Good” benchmark. Even DoP&T agreed that the same benchmark should be used for MACPS which is in vogue for selection in case of the Railway employees.

Now, it is a matter of utter surprise that, on the reference as well as reply from the DoP&T, the Railways had issued instructions for “Very Good” benchmark for financial upgradation under MACPS. This issue is very sensitive and will definitely create lots of agitations because, in the MACPS benchmark of “Very Good” will be considered for consecutive three years. In most of the cases employees will be deprived of from MACPS. Since Railways are working in a flow process system, wherein, instead of individual contribution, joint contribution of the employees has their weightage.
We sincerely hope that, you will kindly intervene in the matter and as has been advised by the Cabinet Secretary, the same benchmark, which is prevalent for selection should be in vogue in case of MACPS also.

Yours sincerely,
sd/-
(Shiva Gopal Mishra)

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IMPLEMENTATION OF MACP RETROSPECTIVELY W.E.F. 01-09-2008 AND DENYING PROMOTIONAL HIERARCHY UNDER ACP FOR THOSE WHO HAVE COMPLETED REQUIRED SERVICE DURING THE PERIOD BETWEEN 01-09-2008 TO 19-05-2009 HELD NOT LEGAL

IMPLEMENTATION OF MACP RETROSPECTIVELY W.E.F. 01-09-2008 AND DENYING PROMOTIONAL HIERARCHY UNDER ACP FOR THOSE WHO HAVE COMPLETED REQUIRED SERVICE DURING THE PERIOD BETWEEN 01-09-2008 TO 19-05-2009 HELD NOT LEGAL
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Time schedule for Grant of financial upgradation under MACP Scheme

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FNPO's appeal to grant MACP to all eligible officials/retirees without any difference in accordance with SLP 4848/2016 dt 16-08-2016 - Click here to view

FNPO's appeal to grant MACP to all eligible officials/retirees without any difference in accordance with SLP 4848/2016 dt 16-08-2016 - Click here to view

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SUPREME COURT VERDICT IMPLEMENTED - PROMOTION THROUGH COMPETITIVE EXAMINATION SHOULD NOT BE COUNTED AS MACP

 

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VERY IMPORTANT JUDGEMENT FROM HON'BLE HIGH COURT OF MADRAS

FROM HON'BLE HIGH COURT OF MADRAS

IMPLEMENTATION OF MACP RETROSPECTIVELY W.E.F. 01-09-2008 AND DENYING PROMOTIONAL HIERARCHY UNDER ACP FOR THOSE WHO HAVE COMPLETED REQUIRED SERVICE DURING THE PERIOD BETWEEN 01-09-2009 TO 19-05-2009 HELD NOT LEGAL

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Clarification from Directorate regardindg Benchmark for promotion

Directorate Letter No. 20-45/2016-SPB-II dated 18th Feb 2017 regarding clarification on Benchmark for Promotion.

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References/Representations/Court Cases in various Ministries/Departments/ Organisations for grant of MACPS benefits in the promotional hierarchy - reg.

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