Modified Assured Career Progression Scheme for the Central Government Civilian Employees - Clarification regarding

No. 5034/3/2008-(D) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training) / Establshment (D)

North Block, New Delhi the 1st November, 2010

OFFICE MEMORANDUM

Subject :     Modified Assured Career Progression Scheme for the Central Government Civilian Employees - Clarification regarding.

     A joint committee is set up to examine the anomalies pertaining to the Modified Assured Career Progression Scheme (MACPS) vide Department of Personnel & Training O.M.No.11/1/2010-JCA dated 03-05-2010.

2.      During the joint committee meeting it was pointed out by the Staff Side that the word 'new organization' of the last line of para 24 of Annexure-I of MACPS dated 19.05.2009 was not in consonance with the spirit of the Scheme. The issue has been examined and it is clarified that in case of transfer 'including unilateral transfer on request, regular service rendered in previous organization / office shall be counted alongwith the regular service in the new organization / office for the purpose of getting financial upgradation under the MACPS. However, financial upgradation under the MACPS shall be allowed in the immediate next higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008. Para 24 of MACPS stands amended to this extent.

3.      The Staff Side also raised an issue on the 'benchmark' for MACP as given in para 17 of Annexure-I of MACPS dated 19.05.2009, which provides that the financial upgradation would be on non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-1. Thereafter for upgradation under the MACPS, the benchmark of 'good' would be applicable till the grade pay of Rs.6600/- in PB-3. The benchmark will be 'Very Good' for financial upgradation to the promotion to the grade pay of Rs.7600 and above. It was pointed out that in some cases the promotion to the next higher grade was made on the basis of 'fitness' as the method of promotion as specified in the relevant recruitment rules, was 'non-selection'. Therefore, such cases benchmarks should not be insisted upon under the MACPS. The issue has been examined and it is clarified that where the financial upgradation under MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 ibid, the benchmark for promotion shall apply to MACP also.

4.      All Ministries/Departments may give wide circulation to the contents of this O.M. for general guidance and appropriate action in the matter.

5.      Hindi version will follow.

s/d
(Smith Kumar)
Director (Estt-I)

Source: www.persmin.nic.in

DISCUSSIONS ON VARIOUS ISSUES TAKEN UP BY THE STAFF SIDE IN THE 2ND MEETING OF MACP COMMITTEE

Confederation of Central Government Employees General Secretary Mr.K.K.N.Kutty has written in his website regarding the discussions on various issues taken up by the Staff Side in second meeting of the MACP Committee, which was held on 15th September, 2010. We have reproduced the full content of the post and given below for your information...

The 2nd meeting of the MACP Committee was held on 15th September, 2010. The meeting was chaired by the Joint Secretary (Estt.) Department of Personnel and Training. We give hereunder a brief resume of the discussions on various issues taken up by the Staff Side.

1. Item No. 1, 9 and 29,46: The demand was to provide for Grade Pay of the next promotional post under MACP as was given in the old ACP Scheme. This has not been agreed to.

2. Item No.3. Option for each individual employee either to retain the old ACP scheme or to switch over to MACP. It was only agreed by the DOPT that they may consider giving option to the Department and not to the individual employee to retrain old ACP Scheme in respect of either the entire establishment of that Department or for a specific category or cadre of the employees of that Department. They also added that they may instruct the Administrative department to undertake restructuring of the cadres in consultation with the Staff Side which would secure quicker promotion.

3. Item No. 8. Anomaly in respect of Junior Engineers of CPWD. The Official side agreed that CPWD may ask for option to retain the old ACP in respect of Junior Engineers which will be considered.

4. Item No. 2, 10 and 48. The Scheme of MACP to be implemented with effect from 1.1.2006. Not agreed to.

5. Item No. 7.Grant of financial up-gradation under ACP between 1.1.2006 to 31.8.2008 in respect of employees who have opted the revised Pay Band Grade Pay System with effect from 1.1.2006. Agreed to.

6. Item No. 4 and 26. Applicability of MACP scheme to Group D employees placed in the grade pay of Rs. 1800 in PB1. along with the benefit of 3% increment in each stage of up-gradation. Covered by the clarification already issued by the Department of personnel ( See their website)

7. Item No. 5 and 23. Counting of 50% of service rendered by a casual labourer with temporary status for reckoning the 10, 20 and 30 years of service for the purpose of MACP. They will examine the court ruling in this regard according which the entire casual service should count for the purpose of MACP.

8. Item No. 6. Supervised staff placed in higher grade pay than their supervisor. The item has been transferred to the National Anomaly Committee for discussion.

9. Item No.11 and 47. In the Railways and some other departments, promotion continues to be given in the merged pay scales, since these have not been functionally merged. It was demanded that in such promotion increment at the rate of 3% may be granted. The Official side has agreed to consider such cases, if taken up by the respective departments.

10. Item No. 15, 22, 39 and 51.These would be considered in the Anomaly Committee of Railways.

11. Item No. 12, 30 and 49. Those selected under LDCE/GBCE schemes may be treated as directly recruited personnel as was done in the case of old ACP scheme. The Official side agreed to look into it.

12. Item Nos. 13, 16. 24 , 50 and 58. It was pointed out that under old ACP scheme in case of an employee who were reverted from higher post to lower post at this request ( to enable him to get transfer to another recruiting unit) the service rendered by him in the higher post was counted for the benefit of ACP. This should be extended to the MACP as well. The Official side agreed to issue necessary clarification in this regard.

13. Item No.14. A departmental employee who has been appointed to a higher grade by virtue of his being selected in a Direct Recruitment Examination the ten, twenty and thirty years of service for the purpose of MACP to be reckoned from the date of such appointment. Necessary clarificatory order has been issued by the DOPT. ( Please see their website)

14. Item No. 16. The service rendered by an employee who had resigned may be counted if he is given re-employment for the purpose of MACP. The Official side wanted this item to be processed separately.

15. Item No. 17. The service rendered prior to removal or dismissal should count if he is reinstated on appeal or by Courts. The Official side stated that the past service will be considered if so ordered by the Court or the Appellate Authorities.

16. Item No. 36. The service rendered in a State Government/Statutory body /PSU before appointment in the Central Govt. to be counted for MACP. Not agreed to.

17. Item No. 37 and 38. Counting the probation period for the purpose of MACP. This is counted as per the scheme

18. Item No. 42. Application of MACP to a surplus hand redeployed to lower post. This is covered under the scheme.

19. Item No. 18 and 54. A person de-categorised on medical grounds to be treated as a fresh appointee. It was not agreed to .

20. Item No. 41. The service rendered in higher grade who have been redeployed in the lower post on medical de-categorised on medical grounds may be counted under the MACP. The official side agreed to reiterate Railway Board's order issued in the year 2005.

21. Item No. 19, 33 and 53. Stepping up benefit to seniors when the juniors get higher pay on account of financial up-gradation. The Supreme Court has given such an order. The Official side will examine this issue and the copy of the Supreme Court's order may be furnished to them.

22. Item No.20. The Account Assistants in the Railways when appointed on qualifying the Appendix II Examination may be treated as a fresh appointee and his past service in the lower post be ignored. The Railway Board to process this case separately.

23. Item No. 21.27 and 28. The Bench mark of good for entitlement to MACP benefit in cases where promotion to the higher posts is on the basis of seniority cum fitness may be done away with. Agreed to examine and issue necessary clarification.

24. Item No. 24, 40 and 45. Counting of Training period. The induction training period would be counted.

25. Item No. 25. The incentive may be given as applicable to the grade pay granted under MACP. This may be considered by the Railways.

26. Item No.31. Extension of MACP to Staff Car Drivers and other Drivers etc. The orders have been issued separately.

27. Item No.34. Pay fixation on promotion subsequent to the grant of MACP with an increment. This was not accepted.

28. Item No. 35. Notional classification for Central Government employees Insurance scheme for those with Grade Pay of Rs. 4200 to be treated as Group B and covered by the scheme for Group B. Not accepted.

29. Item No.43. There are several illustrations given relating to Railway employees. These were not discussed and each case was asked to be processed separately.

30. Item No. 55. There are no provisions for grant of certain privileges/incentive on grant of MACP as was there in the old ACP scheme. The Item may be considered by the Railway administration.

Due to some unavoidable circumstances, we could not place this letter on our website immediately after the meeting. We regret for the same.

With greetings,
Yours fraternally,
Sd/-
K.K.N. Kutty
Secretary General

www.confederationhq.blogspot.com

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES - CLARIFICATIONS REG.

No. 35034/3/2008-Estt (D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment (D)

North Block, New Delhi,
Dated : 9^thSeptember, 2010

OFFICE MEMORANDUM

Subject:    MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES - CLARIFICATIONS REGARDING.

            The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum of even number dated the 19th May, 2009 regarding the Modified Assured Career Progression Scheme (MACPS). Consequent upon introduction of the Scheme, clarifications have been sought by various Ministries / Departments about certain issues in connection with implementation of the MACPS. The doubts raised by varlous quarters have been duly examined and point-wise clarifications have accordingly been indicated in the Annexure.

2 The MACPS should strictly be Implemented in keeping wlth the Department of Personnel and Training Office Memorandum of even number dated 19/05/2009 read with the aforesaid clarifications (Annexure).

3. All Ministries / Departrnents may give wide circulation to the contents of this O.M. for general guidance and appropriate action in the matter.

4. Hindi version would follow.

s/d
(Smita Kumar)
Director (Estt.I)

Annexure

[Reference:- Office Memorandum No.35034/3/2008-Estt.(D) dated 07.09.2010]

S.No	Point of doubt	Clarification
1.	1 Whether the Pay Band would change in the hierarchy of Pay Bands & Grade Pay on grant of the benefits under MACPS?	Yes. The upgradations under MACPS is to be granted in the immediate next higher grade pay in the hierarchy of recommended revised pay (band and grade pay as prescribed in the CCS, (RP) Rules, 2008.
2.	Whether the benefits of MACPS would be allowed to the Government servants who have been later on inducted in the Organized Group “A” Service	No. The benefits under MACPS is not applicable to Group ‘A’ officer of Organised Group ‘A’ Services, as the officer under Organized Group ‘A’ Services have already been allowed panty of two years on non-functional basis with the officers of Indian Administrative Service (IAS)
3.	How will the benefits of ACP be granted if due between 01.01.2006 and 31.08.2008?	The new MACPS has come into existence w.e.f. 01.09.2008. However, the pay structure has been changed w.e.f. 01.01.2006. Therefore the previous ACPS would be applicable in the new pay structure adopted w e f . 01.01.2006. Para 6.1 of Annexure-1 of MACPS is only for exercising option for coming over to the revised pay structure and not for grant of benefits under MACPS. The following illustrations would explain the position: (A) In the case of isolated post: Date of appointment in entry Grade in the pre-revised pay scale of Rs.4000-6000: 01.10.1982 1st ACP granted on 09.08.1999 : Rs.4500-7000 (pre-revised) 2nd ACP due on 01 10 2006 : Rs.5000-8000 (pre-revised) [revised PB-2 Grade Pay of Rs.4200] 3rd financial upgradation under the MACPS would be due on 01.10 2012 (on completion of 30 years of continuous regular service) in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay i.e. Grade Pay of Rs.4600 in PB-2. (B) In the case of normal promotional hierarchy: Date of appointment in entry Grade in the pre-revised pay scale of Rs.5500-9000: 01.10.1982 1st ACP granted on 09.08.1999 : Rs.6500-10500 (pre-revised) 2nd ACP due on 01.10.2006 (as per the existing hierarchy) : Rs.10000-15200 (pre-revised). Therefore, 2nd ACP would be in PB-3 with Grade Pay of Rs.6600 (in terms of hierarchy available): 3rd financial upgradation under MACPS would be due on 01.10.2012 in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay of Rs.7600.
4.	Whether the benefits of MACPS would be granted from the date of entry grade or from the date of thew regular servlce/approved service counted under varlous service rules	The benefits under MACPS would be available from the date of actual joining of the post in the entry grade.
5.	In a case where a person is appointed to an ex-cadre post in higher scale on deputation followed by absorption. whether the period spent on deputatlon perlod would be counted as continuous servlce in the grade or not for the purpose of MACPS	(i) Where a person is appointed on direct recruitment/deputation basis from another post in the same grade, then past regular service as well as past promotions/ACP, in the earlier post, will be counted for computing regular service for the purpose of MACPS in the new hierarchy. (ii) However, where a person iS appointed to an ex-cadre post in higher scale initially on deputation followed by absorption, while the service rendered in the earlier post, which was in a lower scale cannot be counted, there is no objection to the period spent initially on deputation in the ex-cadre post prior to absorption being counted towards regular service for the purposes of grant of financial upgradation under MACPS, as it is in the same Pay band/grade pay of the post.
6.	Whether the pay scale/grade pay of substantive post would be taken into account for appointment/selection to a higher post on deputation basis or the pay scale/grade pay carrying by a Government servant on account financial upgradation(s) under ACP/MACP Scheme	The pay scale/grade pay of substantive post would only be taken into account for deciding the eligibility for appointment/selection to a higher post on deputation basis.
7.	In a case where 1st/2nd~ financial upgradations are postponed on account of the employees not found fit or due to departmental proceedings, etc. whether this would have consequential effect on the 2nd/3rd financial upgradation or not.	Yes. If a financial upgradation has been deferred/postponed on account of the employee not found fit or due to departmental proceedings, etc.. the 2nd/3rd financial upgradations under MACPS would have consequential effect. (Para 18 of Annexure-1 of MACPS referred).
8.	In a case where the Government servant have already earned three promotions and still stagnated in one grade for more than 10 years, whether he would be entitle for any further upgradation under MACPS	No. Since the Government servant has already earned three promotions, he would not be entitled for any further financial upgradation under MACPS.
9.	Whether the pre-revised pay scale of Rs.2750-4400 in respect of Group ‘D’ non matriculate employees, would also be taken as merged to grade pay of Rs.1800 for the purpose of MACPS in view of merger of pre-revised pay scales of Rs.2550-3200, Rs.2610-3540, Rs.2610-4000 and Rs.2650-4000, which have been upgraded and replaced by the revised pay structure of grade pay of Rs.1800 in the pay band PB-1.	Yes
10.	If a Govt Servant on deputation earns upgradation under MACPS in the parent cadre, whether he would be entitled for deputation (duty) allowance on the pay and emoluments granted under the MACPS or not?	No. While eligibility of an employee for appointment against ex-cadre posts in terms of the provisions of the RRs of the ex-cadre post will continue to be determined with reference to the post/pay scale of the post held in the parent cadre on regular basis (and not with reference to the higher scale granted under ACPS/MACPS). such an officer, in the event of his selection, may be allowed to opt to draw the pay in the higher scale under ACP/MACP Scheme without deputation allowance during the period of deputation, if it is more beneficial than the normal entitlements under the existing general order regulating pay on appointment on deputation basis.
11.	Since the pay scales of Group “D” employees have been merged and placed in the Grade Pay of Rs.1800, whether they are entitled for grant of increment @ 3% during pay fixation at every stage.	Yes. On the analogy of point 22 of Annexure-1 of MACPS, the pay of such Group “D” employees who have been placed in the Grade Pay of Rs.1800 w.e.f. 01.01.2006 shall be fixed successively in the next three immediate higher grade pays in the hierarchy of revised paybands and grade pays allowing the benefit of 3% pay fixation at every stage.

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