Benchmark for financial up-gradation under MACP Scheme Accepted by the Government

Directorate General
Sashastra Seema Bal
East Block-V, R.K. Puram
New Delhi 110066

No. 1/Org/MACP/2018(186)/ J17

Dated : 10th January, 2019

OFFICE MEMORANDUM

This is in reference to DoP&T OM F. No. 35034/3/2015-Estt.(D) dated 27/28.09.2016 regarding enhancement of Benchmark for financial up-gradation under MACP Scheme as per recommendations of the 7th CPC accepted by the Government.

Of late, field units have been seeking clarification regarding the applicability of benchmark ‘Very Good’ for considering financial up-gradation under MACP Scheme. The matter has been examined at FHQ and the following clarifications arc issued for compliance by all concerned:-

(i) For grant of financial up-gradation under the MACPS, the prescribed benchmark would he ‘Very Good’ for all the posts w.e.f. 25.07.2016.

(ii) APAR grading ‘Good’ for the period prior to 25.07.2016 i.e. the date from which the new Benchmark made applicable, may be treated as ‘Very Good’ while considering such cases by the Screening Committee/BOO.

(iii) There should be at least three ‘Very Good’ grading and other two not below ‘Good’ grading out of last five ACRs/APARs considering point No. (i) & (ii) in view for arriving at the prescribed Benchmark ‘Very Good’. Some illustrations are given in the enclosed Annexure-A for guidance.

Encl:-As above

(Rakesh Kumar)
Commandant (Org)

Benchmark ‘Very Good’. Some illustrations

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The Constitution (103 Amendment) Act, 2019 for “Economically weaker sections”

MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 12th January, 2019 /Pausha 22, 1940 (Saka)
The following Act of Parliament received the assent of the President on the 12th January, 2019, and is hereby published for general information:-
THE CONSTITUTION (ONE HUNDRED AND THIRD
AMENDMENT) ACT, 2019

[12th January, 2019.]

An Act further to amend the Constitution of India.

BE it enacted by Parliament in the Sixty-ninth Year of the Republic of India as follows:‑

1.(I) This Act may be called the Constitution (One Hundred and Third Amendment) Short title and Act, 2019.

(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In article 15 of the Constitution, after clause (5), the following clause shall be Amendment of  inserted, namely:                                                                        

`(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—

(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and

(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of the total seats in each category.

Explanation.- For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.’.

3. In article 16 of the Constitution, after clause (5), the following clause shall be inserted, namely:-

“(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category.”.

DR. G. NARAYANA RAJU,
Secretary to the Govt of India.

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Employees retired on 30th June are entitled for increment on 1st JULY - Q&A

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Transfer list of Sorting Assistants in Tamilnadu Circle

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இனிய பொங்கல் நல்வாழ்த்துக்கள்

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Procedure for Booking of Air-Tickets on LTC - Compliance of Instructions - regarding

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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

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Payment of Old Age Pension (Money Order) through Post Offices in Tamil Nadu Circle

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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

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Revision of Financial powers to Heads of circles in the Department of Posts [Order dated 08/01/2019]

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Committee to examine the revision of syllabus for Deptl. Exam. for appointment to PA, SA, MTS and MG

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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

3rd Floor, Lok Nayak Bhawan
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

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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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Transfer/postings of Senior Administrative Grade (SAG) officers of the lndian Postal Service, Group 'A'. - Dte Order drd 20/12/2018

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MMS Madurai கோட்ட மாநாடு

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கஜா புயலில் பாதிக்கப்பட்ட மக்களுக்கு FNPO RMS 'T ' கோட்டத்தின் சார்பாக நிவாரண பொருட்கள் வழங்கினார்கள்.

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Implementation of Judgement to grant increment for pensionary benefit to employees retiring on 30th June: Ministry of Personnel, PG & Pension Statement

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA

UNSTARRED QUESTION NO: 427

ANSWERED ON: 12.12.2018

Judgement on Writ Petition

ASADUDDIN OWAISI

Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-

(a) whether the Hon. Madras High Court ruled that employees retiring on 30 June are entitled for increment on 1st July of that year for pensionary benefit as they retire after completion of that year’s full service; 

(b) if so, the details thereof; 

(c) whether Hon. Supreme Court has dismissed the petition filed against the Madras High Court’s above judgement; 

(d) if so, whether the Government has issued orders regarding granting annual increment to those employees who are retiring on 30th June after completion of one year of service; 

(e) if so, the details thereof and if not, the reasons therefor; and 

(f) the time by which such orders are likely to be issued in this regard?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE

(DR. JITENDRA SINGH)

(a) & (b): No, Madam. High Court of Madras in Writ Petition No. 15732/2017 has granted relief personal to the petitioner. 

(c): Yes, Madam.

(d) to (f): As the judgment is in personam and contrary to the personnel policy of Government of India, the question of issuing a general order does not arise.

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Opportunity for revision of option to come over to revised pay structure within 3 months: Fin Min OM 12.12.2018

No. 4-13/17-IC/E-IIIA

Government of India

Ministry of Finance

Department of Expenditure

New Delhi, the 12th, December, 2018

Office Memorandum

Subject: Central Civil Services Revised Pay) Rules, 2016 - opportunity for revision of option to come over to revised pay structure

The undersigned is directed to invite attention to Rules 5 & 6 of the CCS (RP) Rules, 2016 regarding exercise of option to come over to the revised pay structure effective from 1.1.2016 as notified by the CCS(RP) Rules, 2016 and to say that the said option was to be exercised within 3 months of the date of notification, i.e. 25.7.2016 of the said Rules. The Rule 6(4) thereof provides that the option once exercised shall be final.

2. The Staff Side of the National Council (JCM) has requested that employees may be given another opportunity to re-exercise their option in view of certain hardships caused to certain employees. A number of references have also been received in this Ministry, proposing that the affected employees may be given an opportunity to re-exercise their option.

3. The matter has been considered and the President is pleased to decide that in relaxation of the stipulation contained in Rule 6(4) of CCS(RP) Rules, 2016, the Central Government employees, who have already exercised their option to come over to the revised pay structure as notified by the CCS(RP) Rules, 2016, shall be permitted another opportunity to revise their initial option in terms of Rules 5 & 6 thereof. The revised Option shall be exercised within a period of 3 months from the date of issue of these orders. The option once exercised in terms of these orders shall be final and shall not be liable to any further change under any circumstances. All other terms and conditions as laid down in the said Rules 5 and 6 shall continue to be applicable.

4. It is obvious that in respect of those employees who have already exercised option to come over to the revised pay structure from 01.01.2016 itself or in whose case the revised pay structure took effect from 01.01.2016 and who ire-exercise their option under these orders to come over to the revised pay structure from a date subsequent to 01.01.2016 as per Rule 5 of 008 (RP) Rules, 2016, the arrears on account of revised pay already drawn by them from 01.01.2016 up to the date from which they now Opt to come over to the revised pay structure shall be recovered.

5. In their application to the employees serving in IA&AD, these orders were issued after consultation with the Comptroller and Auditor General of India.

(Amar Nath Singh)

Director

To,

1. All Ministries/Departments of the Government of India (As per standard distribution list)

2. Guard File

3. NIC with the request that the same be posted on the website of Ministry of Finance, Department of Expenditure.

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PJCA STRIKE NOTICE SERVED

TO THE SECRETARY /DIRECTOR GENERAL , DEPARTMENT OF POSTS FOR 2 DAYS STRIKE ON 08^th /09^th JANUARY-2019

PART-A

CHARTER OF DEMANDS

1.    Implement all positive recommendations of Sri Kamlesh Chandra Committee report and grant Civil servant Status to GDS.

2.    Fill up all Vacant Posts in all cadres of Deptt of Post i.e P.A/S.A, Postmen, Mail Guard ,  Mailmen, MMS, MTS, GDS, Postal Acctts, P.A  Admn Offices, P.A SBCO & Civil Wing etc  within a time frame  and separate identity of all cadres.

3.    Settle all the problems arisen out of implementation of C.S.I & R.I.C.T.

4.    Withdraw NPS and Guarantee minimum pension 50% of last pay drawn.

5.    Membership verification of G.D.S and declaration of result of regular employees membership verification conducted in 2015.

6.    Implementation of orders of   payment of  revised wages and arrears to the casual , Part time, Contingent employees & daily rated mazdoors as per 6^th and   7^th CPC and Regularize Services of  casual Labourers.

7.    Implement Cadre Restructuring for left out categories i.e RMS, MMS, Postman/MTS, PACO, PASBCO, Postal Acctts, Postmaster Cadre and Civil Wing etc.

8.    Stop Privatization, Corporatization and out sourcing in Postal Services.

9.    Scrap Bench Mark in MACP .

10. Implement 5 days week in Postal and RMS

11. Enhancement of higher pay scales to those categories whose minimum qualification has been enhanced e.g Postmen, Mail guard.

12. Grant of pension to the promoted GDS based on Supreme Court Judgement in SLP No (C) 13042/2014

13. Withdraw orders of enhancement of cash conyance limit without security.

14.  Implement all High Court and Supreme Court decisions in C/W MACP, RTP and others.

15. Cash less treatment under CGHS  and allotment of adequate fund under head MR & T.A

16. Retention of Civil wing in the Deptt of Post.

17. Holding of Deptt Council Meetings and periodical meetings at all levesl.

18. Stop Trade Union victimization and in the name of unscientific targets.

19. Provide 40 percent SCF quota promotion in AAO cadre and amend RR incorporating the modifications demanded by AIPAEA.

20. Status of audit to SBCO.

21. Restore Special Allowance to PO & RMS Accountants and OSA to RMS/MMS Staff.

22. All NSH and I.C. Speed Post Hubs should be under the administrative control of RMS and All L-2 Mail Offices should be identified as I.C. Speed Post Hubs and as Parcel Hubs.

23. Permission to all Staff of Circle Office, Postmaster Cadre, SBCO, Postal Accounts and RMS/MMS Staff to appear in Departmental Examination for promotion to PSS Group-B.

PART-B

      1.  Urgent measures for containing price rise through universalization of 

        public distribution system and banning speculative trade in commodity  

        market.

      2. Containing unemployment through concrete measures for employment

       generation.

3.    Strict enforcement of all basic labour laws without any exception or exemption and stringent punitive measures for violation of labour laws.

4.    Universal social security cover for all workers.

5.    Minimum wage of not less than 18000/- per month with provisions of indexation (for unskilled worker).

6.    Assured enhanced pension not less than 3000 P.M.  for the entire working population (including unorganized sector workers).

7.    Stoppage of disinvestment in Central/State public sector undertakings

8.    Stoppage of Contractorisation in permanent /perennial work and payment of same wage and benefits for contract workers as that of regular workers for the same and similar work.

                                    

9.    Removal of all ceiling on payment and eligibility of bonus , provident fund and increase in quantum of gratuity

10. Compulsory registration of trade unions within a period of 45 days from the date of submission application and immediate ratification of ILO conventions C-87 & C-98.

11. No FDI in Railways, Defense and other strategic sectors.

      12. No unilateral amendment to labour laws.

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