07/11/SH NEWS

The next date of hearing on the upgradation of Grade Pay of LDC in CAT Jabalpur will be decided after submission of the documents sought by the CAT. The date of next hearing on the SLP filed against MACP on promotional hierarchy in Supreme Court is 09/08/2017

Flash message

Saturday, August 31, 2013

Setting up of 7th Central Pay Commission:


 Matter has been referred to Ministry of Finance by Railway Ministry in view of Strike Call

Friday, August 23, 2013

In the reply to a question in Rajya Sabha regarding strike called by Railways federations the Ministry of Railways stated about  setting up of 7th Central Pay Commission that: 

One of the demands of both the Federations is regarding setting up of VIIth Central Pay Commission. Since constitution of Central Pay Commission is a subject matter of Ministry of Finance, the same has been referred to that Ministry. 

See the full capture of Rajya Sabha unstarred question:

GOVERNMENT OF INDIA
MINISTRY OF  RAILWAYS
RAJYA SABHA
UNSTARRED QUESTION NO-1704
ANSWERED ON-23.08.2013
Demand for new National Pay Commission
1704 . SHRI D. RAJA

(a) whether it is a fact that all Railway trade unions have threatened to go on a general strike if their demand for a new National Pay Commission is not announced within a period of four months; and 


(b) if so, the details thereof and Government’s reaction thereto?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF RAILWAYS
(SHRI KOTLA JAYA SURYA PRAKASH REDDY)

(a) and (b): There are two recognized staff Federations on Railways. Both the Federations have made numerous demands concerning various service matters of railway employees like pay and allowances, promotion and pension. While one of the Federations have indicated that if their grievances are not resolved in a time bound programme, the Federation would be compelled to conduct strike ballot as a first step. The other Federation have decided to give a time of four months to the Government for satisfactorily settling their demands failing which the Federation will be compelled to give call for ‘Indefinite Strike’ on Railways. One of the demands of both the Federations is regarding setting up of VIIth Central Pay Commission. Since constitution of Central Pay Commission is a subject matter of Ministry of Finance, the same has been referred to that Ministry. 

Bank Charges for Non-Home Branch Customers 

Reserve Bank of India (RBI) has informed that they have advised Scheduled Commercial Banks, vide their circular dated 01.07.2013 to follow a uniform, fair and transparent pricing policy and not to discriminate between their customers at home branch and non-home branches. If a particular service is provided free at home branch, the same should be available free at non-home branches also. 

There should be no discrimination as regards intersol charges between similar transactions done by customers at home branches and those done at non-home branches. However, cash handling charges are not included under intersol charges. The circular dated 01.07.2013 is available at RBI website www.rbi.org.in. 

This was stated by Minister of State for Finance, Shri Namo Narain Meena in written reply to a question in Lok Sabha today. 

Source: PIB News

Grievances Related to Family Pension

Ministry of Finance

Grievances Related to Family Pension 

As on 23.08.2013, no grievance relating to non-payment of arrears of family pension which are registered in System in pending at CPAO level. 

As per information available with the Central Pension Accounting Office (CPAO), during the period from 25.03.2011 to 22.08.2013, 541 numbers of grievances relating to family pension were registered with CPAO. Out of these, 200 numbers of grievances were registered during the current year 2013. All grievances were forwarded to authorized Central Pension Processing Centre and concerned Pay & Accounts Office/Head of Office and were monitored by CPAO till settlement. 

This was stated by Minister of State for Finance, Shri Namo Narain Meena in written reply to a question in Lok Sabha today. 

Source: PIB News

Friday, August 30, 2013

The neo-liberal policies that failed

THE POLICIES THAT FAILED
{Editorial Postal Crusader September, 2013}
                In the year 1991 when the New Economic Policy or the Neo-liberal Economic Policy was adopted by the then Narasimha Rao Government at the Centre with much fanfare, it was repeatedly declared that it is a panacea for all the crisis faced by the Indian economy and shall ensure rapid growth of Gross Domestic Product (GDP).  After 22 years, it is the very same neo-liberal policies which is leading the country to an economic disaster.  The then Finance Minister Sri. Manmohan Singh had brush aside the criticism and opposition of left parties and trade unions and they became a target of concentrated attack by the supporters of the neo-liberal policies.  Inspite of stiff resistance from all trade unions the Government went ahead with the rigourous implementation of the anti-people, anti-labour policies of Liberalisation, Privatisation and Globalisation  (LPG).
                While the UPA Government desperately wooed foreign capital and handed out concessions to big business and corporates, the plight of the people has been worsening because of the economic slowdown, falling industrial production and high inflation.  The rupee has steadily depreciated in value, with the exchange rate of the rupee to the dollar breaching the Rs.68 mark last week.  The current account deficit (the gap between exports and imports and other remittances) has reached an unsustainable level, there is rising external debt with the bourgeoning short-term debt, posing immediate problem.  This financial crisis is accompanied by high inflation.  The fact that the creation of two India’s of the rich and the poor, with the gap between them widening alarmingly, is a reality that stares us every moment.
                The first UPA Government was not allowed to implement the reforms in the financial sector, pension sector and retail sector etc. by the left parties who supported the Government.  It prevented the passing of PFRDA Bill by threatening to withdraw support to the Government.  The second UPA Government without the left support, started rigourous implementation of the reforms in all sectors.  All barriers for the inflow of foreign capital to the country was removed and the cap of Foreign Direct investment (FDI) in banking, insurance, pension, retail, defence, telecom etc. are either enhanced or removed.  Large scale disinvestment of public sector has become the order of the day.  Deregulation of petrol pricing has resulted in everincreasing prices of petrol and diesel fuelling inflation which resulted in the increased burden of price rise for the people.  Onions,vegetables and all other necessities of life are becoming out of reach of the people.  The other outcome of the economic slowdown is the loss of jobs in the industrial and services sectors and rising unemployment.
                The UPA Government is seeking to overcome this crisis by attracting more foreign capital and giving more concessions to the multinational companies (MNCs) and Indian big business.  The growing dependence on foreign capital flows and FDI has worsened the situation further and the entire exercise has proved futile.  The bulk of the capital flows out of the country is from equity, debt markets and Foreign Institutional Investments (FIIs), which the Government cannot control.  The neo-liberal policies of the Manmohan Singh Government and the boosting of the economy through Foreign Capital inflows have now come to roost. 
                During the last three years at least, the tax concessions provided to the corporartes and the rich amount to, according to budget papers, to over five lakhs crores every year.  Despite such “incentives”, the overall growth of the industrial production was minus 1.6 per cent in May 2013.  If, instead, these legitimate taxes were collected and used for public investments to build over much needed infrastructure, this would have generated large-scale employment.  This, inturn, would increase the purchasing power of the people and vastly enlarge domestic demand.  This would lay the basis for a turn around in manufacturing and industrial production and put the economy on a more sustainable and relatively pro-people growth tragectory. 
                What the country needs is an alternative pro-people policies.  Such an alternative can be brought about through the intensification of popular struggle of the people and working class in the coming months.

ORGANISE TWO HOUR WALK OUT


PFRDA BILL LIKELY TO BE TAKEN UP IN PARLIAMENT ON 2nd SEPTEMBER 2013. ORGANISE TWO HOUR WALK OUT AND NATIONWIDE PROTEST DEMONSTRATIONS


It is reported that PFRDA Bill will be take up in Parliament for discussion and adoption on 2nd September. Confederation National Secretariat once again calls upon all Central Government Employees to organize 2 hour walkout and nationwide protest demonstration on the day if bill is taken up or on the next day if information received late.


(M. Krishnan)
Secretary General
Confederation

Tuesday, August 27, 2013

Pension Fund Regulatory and Development Authority Circular


Portability of PRAN – NPS Lite/Swavalamban to NPS – All Citizen Model and other sectors
http://pfrda.org.in/writereaddata/linkimages/Circular%20on%20Inter%20platfrom%20Shifting837264889.pdf

23rd MEETING OF SCOVA


23rd  MEETING OF THE STANDING COMMITTEE OF VOLUNTARY AGENCIES (SCOVA) TO BE HELD ON 20th SEPTEMBER, 2013 IN NEW DELHI.(Click the link below for details)
http://ccis.nic.in/WriteReadData/CircularPortal/D3/D03ppw/SCOVA_260813.pdf

Friday, August 23, 2013

Retirement Age 62 – Once again it has been denied in Parliament…

Retirement Age 62 – Once again it has been denied in Parliament…

While answering to a question in Parliament today on 22nd August 2013, the Minister of Personnel, Public Grievances and Pensions Shri. V.Narayanasamy said that ‘at present there is no proposal to increase the age of retirement of Government employees’.

He also added, as per Fundamental Rules 56(a) except as otherwise provided, every Government servant shall retire on attaining the age of 60 years.

Last week formal announcement regarding this policy was expected to declare on 15th August. Now the Central government has denied to pursue the policy of increasing the age of retirement of CG staff once again in Parliament.

Source: CGEN.in

LDC-UDC Issue -Letter sent to the PM forwarded to JCA for action



Department of Personal & Training
CS-II Division

I.D.No. 4/3/2013-PMP4/67682 dated 15.07.2013 received from Prime Minister’s Office is forwarded herewith in original. Shri TKR Pillai General Secretary of the All India Association of Administrative Staff (NG) has raised the issue regarding revision of Grade Pay of LDCs and UDCs belonging to Non-CSCS.

2.         As subject matter is relates to anomaly in the Grade Pay of LDC and UDC which is the subject matter of JCA Section, they are requested to take necessary action in the matter under intimation to this Division.

Sd/
(K. Suresh Kumar)
Under Secretary (CS. II)

DOP&T (Shri Ashok Kumar DS, JCA, North Block, New Delhi
DOP&T I.D. No. 25/2/2013-CS.II (B) Dated . 7.2013/13.08/2013.

Copy to:

            Shri TKR Pillai,
            General Secretary,
            All India Association of Administrative Staff (NG),
            NSSO (FOD), Hall No. 201 & 205,
            Vijay Stumbh, Zone I,
            Maharana Pratap Nagar,
            Bhopal



Thursday, August 22, 2013

RTI ONLINE WEB PORTAL

 MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS
LAUNCHES RTI ONLINE WEB PORTAL

            Union Minister of State for Personnel, Public Grievances & Pensions and Prime Minister’s Office Shri V Narayanasamy has said that rtionline web portal is another milestone in the regime of RTI that will further promote participation of our citizens in the process of governance and policy making decisions of the Government.Speaking at the launch of the portal in New Delhi today he said though presently this facility has been provided to Central Ministries, DoPT will consider extending this facility to the subordinate and attached offices of Central Government also. The Minister also appealed to the State Governments to consider developing similar facility of filing online RTI applications. Referring to the RTI Act as one of the biggest achievements of our democracy, Shri Narayansamy said that it has empowered the citizenry in an unprecedented manner to participate in nation building by promoting transparency and accountability in the working of every public authority.

            The rti online web portal has been developed by National Informatics Centre (NIC) at the initiative of Department of Personnel and Training. The url of this portal is https://rtionline.gov.in.

            This is a facility for the Indian Citizens to file RTI applications online and first appeals and also to make online payment of RTI fees. The prescribed fees can be paid through Internet banking of State Bank of India and its associate banks as well as by Credit/Debit cards of Visa/Master, through the payment gateway of SBI linked to this site. This facility is available for all the Ministries/Departments of Govt. of India.

            This system provides for online reply of RTI applications/ first appeals, though reply could be sent by regular post also. This system works as RTI MIS also. The details of RTI applications received through post could also be entered into this system. The citizens can also check the real time status of their RTI applications/first appeals filed online.


KSD/Samir/HR (Release ID :98485) PIB 21.08.2013

Wednesday, August 21, 2013

RESERVE BANK OF INDIA NOTIFICATION

Aadhaar Card as Address Proof 

Reserve Bank of India (RBI) has notified that the Aadhaar Card is a valid proof for opening of a bank account under the Know Your Customer (KYC) scheme. 

RBI vide its circular dated 28.09.2011 has advised banks to accept the Aadhar letter issued by Unique Identification Authority of India (UIDAI) as an officially valid document for opening bank accounts without any limitations applicable to small accounts. Further, the RBI has also advised the banks vide its circular dated 10.12.2012 that if the address provided by the account holder is the same as that on Aadhaar letter, it may be accepted as a proof of both identity and address. 

This was stated by Shri Namo Narain Meena, MoS in the Ministry of Finance in written reply to a question in the Lok Sabha. 

PIB News
COMPUTERIZATION IN CENTRAL GOVERNMENT HEALTH SCHEME (CGHS) CLICK HERE FOR DETAILS
http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=143251

Monday, August 19, 2013


RETIREMENT BENEFITS CAN’T BE WITHHELD PENDING ENQUIRY , THE HINDU DATED 19 AUGUST,2013
(CLICK THE LINK BELOW FOR DETAILS)
http://www.thehindu.com/news/national/retirement-benefits-cant-be-withheld-pending-enquiry/article5035711.ece
STRIKE BY RAILWAY EMPLOYEES: 7th  CPC, MERGER 

OF DA ETC - GOVT. REPLY IN LOK SABHA 
CLICK HERE FOR DETAILS
http://164.100.47.132/LssNew/psearch/QResult15.aspx?qref=143177

Granting of Grade Pay hierarchy to UDC to the next promotional post of Assistants - Ministerial Staff Association


Granting of Grade Pay hierarchy to UDC to the next promotional post of Assistants - Ministerial Staff Association...


Secretary General of Ministerial Staff Association writes a detailed letter to the Secretary of Department of Science and Technology regarding the discrepancies in implementation of MACP Scheme to the ministerial staff working in the department of Survey of India. 

Particularly the Upper Divisional Clerk (UDC) may be granted 4200 Grade Pay under the MACP Scheme to next promotional post of Assistant…

The detailed letter has been uploaded in the official blog of Ministerial Staff Association, for your ready reference we have reproduced and given below…


GRANT OF THE BENEFITS UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER MINISTERIAL STAFF OF SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL GRADE – REQUEST FOR.

MINISTERIAL STAFF ASSOCIATION 

SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN 

C/o NPG, Hathibarkala Estate, Dehradun-248 001


No.CHQ- 31 /MSA/2013
Dated 14 -8-2013

To 
The Secretary to the Government of India, 
Department of Science and Technology, 
(Ministry of Science and Technology) 
Technology Bhawan, New Mehrauli Road, New Delhi-110 016.

(Through the Surveyor General of India)

SUB: GRANT OF THE BENEFITS UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER MINISTERIAL STAFF OF SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL GRADE – REQUEST FOR.

Sir,
With due respect, I would like to submit the following few lines on the subject for favour of your kind consideration and necessary action:-

1) That the Ministerial Staff of Survey of India are recruited to the post of Lower Division Clerk (LDC) in the then pay scale of Rs.950-1500. The said pay scale was revised to Rs.3050-4590 w.e.f. 1-1-1996 in terms of the Fifth CPC. The said pre-revised pay scale was revised to Pay Band-1(Rs.5200-20200)+Grade Pay Rs.1900 w.e.f. 1-1-2006 in terms of the Sixth CPC.

2) That as per the provisions contained in the Recruitment Rules for the Ministerial Staff, the LDCs are eligible to be promoted to the post of UDC on completion of 8 years regular service by DPC (1s promotion). It is also provided in the said Rules that the LDCs can be promoted to the post of UDCs after completion of 3 years regular service subject to passing of the 25% the Limited Departmental Competitive Examination for promotion to the post of UDCs (1st Promotion). Accordingly, the LDCs are promoted to the post of UDCs by DPC/LDCE in the pay scale of Rs.4000-6000.

3) That it is also provided in the said Recruitment Rules of Ministerial Staff that UDCs in the pay scale of Rs.4000-6000 shall be eligible for promotion to the post of Assistants by DPC (2nd promotion) in the pay scale of pre-revised Rs.5000-8000 (previous pay scale Rs.1400- 2300) after 5 years service as UDC.

4) That it is also provided in the Recruitment Rules of Ministerial Staff that Assistants in the pay scale of Rs.5000-8000 shall be eligible for promotion to the post of Office Superintendent (Rs.5500-9000) by DPC (3rd promotion) after 3 years service as Assistant. But due to lack of appropriate promotional ratio, the incumbents are not granted promotion within the prescribed residency period and hence are stagnating in the same post. The Hierarchy Chart for the Ministerial Staff in Survey of India is annexed as Annexure-1 for your ready reference please.

5) That it is submitted that based on the recommendations of the Fifth CPC, Government of India introduced the Assured Career Progression Scheme (ACP Scheme) under DoP&T’s OM No.35034/3/97-Estt. (D) dated 9-8-1999. The main objective of the Scheme was to deal “with the problem of genuine stagnation and hardships faced by the employees due to lack of promotional avenues”. In said Scheme, it was provided for grant of two financial upgradations in the promotional hierarchy of the cadre on completion of 12 and 24 years of service respectively, counted from the direct recruitment grade. The said benefits under the ACP shall be applicable w.e.f. 9-8-1999.

6) That at the time of the introduction of the ACP Scheme, there was an acute stagnation in the LDC, UDC and other cadres in the Ministerial Staff. Accordingly, most of the LDCs were granted 1st ACP in the next hierarchical grade i.e. in the pay scale of Rs.4000-6000 w.e.f. 9-8-1999 or on completion of 12 years. A number of LDCs and UDCs were also granted 1st and 2nd ACP in the 1st and 2nd promotional grade i.e. in the pay scale of Rs.4000-6000 and Rs.5000-8000 (Pre-revised pay scale of Assistant) respectively w.e.f. 9-8-1999 or on completion of 24 years of service.

7) That the Govt. of India implemented the recommendations of the Sixth CPC under Ministry of Finance’s Notification No.F.No.1/1/2008-IC dated 29-8-2008 effecting from 1-1-2006 and accordingly LDC. UDC, Assistant, Office Superintendent and Establishment & Accounts Officers were placed in the pay structure furnished as under:-

Sl. No.Name of postPay scale as per Fifth CPCMinimum service for promotion to next gradePay scale as per Sixth CPC
1LDCRs.3050-45908Pay Band-1(Rs.5200-20200)+Grade Pay Rs.1900
2UDCRs.4000-600010Pay Band-1(Rs.5200-20200)+Grade Pay Rs.2400
3AssistantRs.5000-80005Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200
4Office SuperintendentRs.5500-90003Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200
5Establishment & Accounts OfficerRs.7550-11500-Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4600

8) That the Govt. of India also issued orders regarding revised ACP Scheme i.e. Modified ACP (MACP in short) under DoP&T’s OM No.35034/3/2008-Estt. (D) dated 19-5-2009 for the Central Govt. Civilian Employees replacing the existing ACP Scheme with two financial upgradations in the hierarchy of the promotional grade on completion of 12 and 24 years of service counted from the direct entry grade tothree financial upgradations on completion of 10, 20 and 30 years counted from the direct entry grade in the hierarchy of grade pay under MACP. As per the aforesaid orders, the benefit under the MACP is applicable from 1-9-2008.

9) That the Surveyor General’s Office has decided to grant MACP to the Ministerial staff keeping the pay structure of LDC as PB-1(Rs.5200-20200)+Grade Pay Rs.1900 in view as entry grade pay structure and contended to grant the First, Second and Third MACP in the pay structure of PB-1 (Rs.5200-20200)+Grade Pay Rs.2000, PB-1(Rs.5200-20200)+Grade Pay Rs.2400 and PB-1(Rs.5200-20200)+Grade Pay Rs.2800 after completion of 10, 20 and 30 years of service as LDC/UDC respectively. As such, the said decision is detrimental to the interest of the cadre and discriminatory in nature.

10) That the following table shows how the benefits under MACP Scheme is less advantageous because of the fact that the MACP is granted in the hierarchy of the successive grade pay than the erstwhile ACP Scheme to the Ministerial Staff which was granted in the promotional hierarchy. An extract of the same is furnished hereunder :-

Sl.No.Entry Grade /
Pay scale
1st Promotion /
1st ACP /
Pay scale (12 Years)
2nd Promotion /
2nd ACP /
Pay Scale (24 years)
-Remarks
1.LDC (Entry Grade)
Rs.3050-4590

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900
UDC
Rs.4000-6000

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400
Assistant
Rs.5000-8000

(Revised PB-2(Rs.9300-34800)+ Grade Pay Rs.4200
-Advantageous
1.LDC (Entry Grade)
Rs.3050-4590

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900
1st MACP
(10 Years)

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2000
2nd MACP
(20 Years)

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400
3rd MACP
(30 Years)

Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2800
Less
Advantageous

11)That it is found that the LDCs/UDCs who have completed 24 years service as on 31-8- 2008 (before the cut-off date of 1-9-2008), were have been granted the benefits of 2nd ACP in the pay scale of Rs.5000-8000. As such, these UDCs have been placed in the revised pay structure of PB-2 (Rs.9300-34800) + Grade Pay Rs.4200, the UDCs who have not got the 2 nd ACP prior to 31-8-2008 have been placed in PB-1(Rs.5200-20200)+Grade Pay Rs.2800 towards 2nd MACP and thus deprived of the said benefits without any justified reason. A tables showing the discrimination meted out to the incumbents in UDCs is furnished hereinunder :-

Sl. No.Entry Grade /
Pay scale
Fifth CPC
1st Promotion /
1st ACP /
Pay scale (12 Years)
(Fifth CPC)
Replacement
Pay structure
by the Sixth CPC
2 nd Promotion /
2nd ACP /
Pay Scale (24 years)
(Fifth CPC)
Replacement
Pay structure
by the Sixth CPC
1.LDC

Rs.3050-4590
UDC

Rs.4000-6000
UDC
PB-1 (Rs.5200-20200) +
Grade Pay Rs.2400
Assistant
Rs.5000-8000
PB-2(Rs.9300-34800) +
Grade Pay Rs.4200

12)That further,UDCs have been granted 2nd Financial upgradation under the MACP Scheme Surveyor General’s Office under No.C- 1553_/1902-MACP-Ministerial(II) dated 8.3.2011 in the pay structure of PB-1 (Rs.5200-20200)+Grade Pay of Rs.2800 instead of granting the same in the PB-2 (Rs.9300-34800) +Grade Pay Rs.4200 which the next promotional grade (Assistant) w.e.f. 1-9-2008 or on completion of 20 years service counted from the direct recruitment grade (Entry date).

13) That in the mean time, a point was raised in the National Council (JCM) for grant of MACP in the hierarchy of promotional grade instead of hierarchy of the grade pay. After thread bare discussion in the Joint Committee of the National Council (JCM), it was decided that the Cadre/Department may represent for grant of the MACP or ACP Scheme which shall be beneficial to the incumbents in that cadre. The decision, in this regard, was taken in the Second Meeting of the Joint Committee on MACP held under the Chairmanship of Joint Secretary (E), DoP&T on 15-9-2010. The same was circulated under GOI. DoP&T’s OM No.11/1/2010-JCA dated 6-10-2010. An extract from the decisions on item No.1 – Provide Grade Pay of the Next Promotional Post under MACP.
As item No.1, 3, 8, 9, 29 & 46 are similar, it was decided to club them together.

After detailed discussions on the issues, it was decided that Para 13 of MACPS shall be revised to the effect that Organizations / Cadres shall have the option to choose either the ACP Scheme or the MACP Scheme. Individual options, however, cannot be permitted.

14) That thereafter, the Third Meeting of the Joint Committee on MACP was held on 15-3-2011 and discussed the issue in the agenda item No.1,3,8,9 and 29 inter alia on Grant of Financial upgradation in the promotional hierarchy instead of Grade Pay hierarchy under MACP. An excerpt of the Minutes / decisions of the same circulated under DoP&T’s OM No.11/1/2010-JCA dated 20-4-2011 is furnished hereunder:-

“ The Staff side reiterated their demand that the financial upgradation under the MACP Scheme should be granted in the promotional hierarchy of posts instead of Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendation of the 5th CPC and , as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.
The Official Side stated that the 6th CPC recommended two financial upgradations in the Grade Pay hierarchy. However, the Government improved upon the recommendations of the 6th CPC and has implemented MACP Scheme with three financial upgradations in the Grade Pay hierarchy after 10, 20 and 30 years. Referring to earlier discussions held in the matter, the Official Side stated that the Government was willing to consider revision in para 13 of MACP Scheme to the effect that organizations/cadres shall have the option either to choose the ACP Scheme or the MACP Scheme. However, the Staff Side pointed out that such a dispensation will not be practical and hence there is a need to explore other alternatives to solve the issue. After discussion, it was agreed that there is no need to change basic structure of MACP Scheme. However, there is need to separately examine those cases where MACP Scheme is less advantageous than the ACP Scheme. Accordingly, it was decided that the Official Side will write to the Ministry of Railways, Defence, Urban Development, Home and the Department of Posts to forward the information in respect of the specific categories of employees where the MACPS is less advantageous than the erstwhile ACP Scheme. The Official Side also requested the Staff Side to collect and forward such information to the Department of Personnel and Training for further necessary action…”

15) That then, the point was again discussed in the Joint Committee on MACP held on 27-7- 2012. An extract of the Minutes of the said meeting on the agenda item No.1 Grant of MACP in the promotional hierarchy, is furnished hereunder:-

1. Grant of MACP in the promotional hierarchy.- “…. The Staff side stated that the employees who were in service prior to 1-1-2006 had the right to retain first two financial upgradations in the promotional hierarchy and the Government cannot alter the existing services conditions adversely. The Official side, however, sated that since MACPS is in supersession of earlier ACP Scheme, this cannot be agreed to. The Staff Side insisted that at least option be given to individual employees in this regard to facilitate him/ her to opt either ACP or MACP for availing benefit of financial upgradation. The Staff Side was insistent that either MACPS should be in promotional hierarchy or individual options should be given to the employees.
The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them.”

16) That thereafter, the further progress in the matter is not known.

17) That it is learnt that one employee named Raj Pal of CAT, Chandigarh designated as Photo copier, approached the Hon’ble CAT, Chandigarh Bench for grant of MACP in the hierachy in the anology of a similar post of Hindi Typist and filed OA No.1038/CH/2010 in the case of Raj Pal Vs.Union of India representaed by the Department of Personnel and Training and others. The Hon’ble CAT, Chandigarh in the order dated 31-5-2011 allowed the aforesaid OA and accordingly the said employee was granted MACP in the hierarchy of the promotional post of the comparable cadre i.e. Hindi Typist. Extracts of the aforesaid judgement of the Hon’ble CAT, Chandigarh is furnished as under:-
“13. It has been settled that the ACP would be granted on the completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typist, and not in the next higher scale in the recommended scales. The same principle would have to be applicable in regard to grant of MACP to the applicant. The only difference is that while in case of ACP two financial upgradations were granted on completion of 12 and 24 years of service, in case of MACP, three upgradations on the intervals of 10, 20 and 30 years of service.

15. Be that as it may, the principle enuniciated and settled by the Tribunal / High Court for grant of ACP cnnot be changed and the same principle would apply for grant of MACP to him. The only difference is of number of years is required to be completed. We find no justification to take a different view in the matter.

16. For the foregoing reasons, the impugned order dated 9-8-2010 (Annexure A-1) qua the applicant, fixing his pay in PB-1 with grade pay of Rs.2400/- under the second MACP, and the order dated 9-8-2010 (Annexure A-2) are hereby quashed and set aside. Consequently, the respondents are directed to grant second financial upgradation to the applicant under the MACPS from due date fix his pay in the hierarchy of posts decided in his case earlier and to pay the resultant arrears without interest within a period of 2 months from the date of receipt of a copy of this order….”

18) That thereafter, the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M). The Hon’ble High Court of Punjab and Haryana at Chandigarh, in the order dated 19-10-2011, dismissed the CWP and issued orders at page 5 and 6 of the same, which reads as under:-
“… An order adversely affecting an employee in terms of grant of financial upgradations had already been passed which entailed civil consequences and as such CAT has rightfully proceeded to adjudicate for the petitioners to the effect that the earlier scheme of ACP stood superseded by MACP Scheme is being noticed only to be rejected. The entire objective of introduction of ACP/MACP Scheme is to alleviate stagnation as regards an employee who has a number of regular years of service on the same post without any avenue of promotion. It is such circumstances that a financial incentive is sought to be granted to an employee upon completion of a certain number of years of service on the same post. Under the ACP Scheme of 1999, the financial upgradations were to be granted upon completion of 12 years and 24 years of regular service whereas under the MACP Scheme such financial upgradations are envisaged upon completion of 10, 20 or 30 years of service, the contention raised on behalf of the petitioners if accepted would defeat the very objective for which such Schemes have been introduced.”
“We find no infirmity in the order dated 31-05-2011 passed by CAT in OA No.1038/CH of 2010. The petition stands dismissed.”

19)That then the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble Supreme Court by way of filing SLP (SLP No.cc 7467/2013) challenging the order dated 19-10-2011 in CWP No.19387 of 2011 of the Hon’ble High Court of Punjab and Haryana at Chandigarh. The Hon’ble Supreme Court has dismissed the aforesaid SLP in the order dated 15-4-2013.

Photo copies of the aforesaid Court orders are enclosed herewith as Annexure-2 for favour of your kind perusal please.

20)That in the meant time, one Sanjay Kumar, UDC and 18 other UDCs of the Central Government under the Ministry of Defence who are in the pay structure of PB-1(Rs.5200- 20200)+Grade Pay Rs.2400 have approached the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 with the prayer for grant of 2nd MACP in the hierachy of promotional post i.e. Assistant in the PB-2 (Rs.9300-34800)+Grade Pay Rs.4200. The Hon’ble CAT, Principal Bench, New Delhi, in the order dated 26-11-2012, in the aforesaid OA relied upon the decision dated 19-10-2011 passed by the Hon’ble High Court of Punjab and Haryana at Chandigarh and in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010, allowed the OA and issued orders as under :-
“7. In our considered view, the present OA is squaely covered by the aforesaid judgement of Chandigarh Bench, as upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh.

8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. Of Personnel and Training, in the case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission. In the hierarchy, after the scale of UDC the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy, namely,the Assistants carrying the pay scale of Rs.9300-34800 and the grade pay of Rs.4200.

9. In view of above position, the OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34800 with grade pay of Rs.4200 attached to the said promotional post of Assistant / OS from the due date to the applicant.

10. The aforesaid direction shall be complied with within the period of two months from the date of receipt of a copy of the order, subject to the other conditions mentioned in the MACP Scheme.”
 
A photo copy of the aforesaid order dated 26-11-2012 issued by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 in case of Sanjay Kumar, UDC and 18 others is enclosed herewith as Annexure-3 for your ready reference please.

21) That the UDCs and other Ministerial Staff in Survey of India are similarly situated with the applicants of the aforesaid OAs in the matter of grant of MACP in the hierarchy of promotional post as such the MACP in case of UDCs and other Ministerial Staff may kindly be considered in the light of the spirit contained in the aforesaid judicial pronouncements which has attained its finality.

2. In view of the facts and circumstances submitted above, it is respectfully requested that necessary orders may kindly be issued to grant of the benefits of financial upgradations under MACP to LDC, UDC and Assistant etc. in their respective promotional hierarchy from their due date in the light of the decision passed by the Hon’ble CAT, Principal Bench, in the order dated 26- 11-2012 in OA No.904/2012 in case of Sanjay Kuamr, UDC and others Vs. Union of India and others read with the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 the order dated 19-10-2011 upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and order dated 15-4-2013 passed by the Hon’ble Supreme Court in SLP No.cc- 7467/2013 in this regard, in which act of your kindness, I shall be ever grateful to you.

Thanking you,
Yours faithfully, 
( MANOJ KUMAR SHARMA )
SECRETARY GENERAL MINISTERIAL STAFF ASSOCIATION

Annexure-1

MINISTERIAL STAFF ASSOCIATION
SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN
C/o NPG , Hathibarkala Estate, Dehradun-248 001

No.CHQ- /MSA/2013
Dated 16-8-2013
To
All Branch Secretaries.

Dear friends,
It is learnt about the contents of decision dated 26-11-2012 passed by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 between Sanjay Kumar, UDC and 18 others Vs. Secretary, MOD and 2 others for grant of MACP in the hierarchy of the promotional post. On perusal of the same, it is found that the aforesaid judgement was relied upon the decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 in the case of Rajpal S/o Tilak Ram Vs. UOI and others issued orders for grant of MACP in the hierarchy of the promotional post. The Hon’ble High Court of Punjab and Haryana at Chandigarh in their order dated 19-10-2011 in CWP No.19387/ 2011 has upheld the aforesaid decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench. I have received the copies of the aforesaid CAT, Chandigarh and High Court orders along with order dated 15-4-2013 on SLP No.cc-7467/2013 passed by the Hon’ble Supreme Court of India and the gist of these Court decisions are furhished as under:-

Sl. No.
OA No./ CWP No.
Parties
Date of Order
Name of Court
Remarks
1
OA No.1038/CH/2010
Raj Pal s/o Tilak Ram, Photo Copier in CAT, Chandigarh.
31-5-2011
CAT, Chandigarh
OA is allowed for grant of MACP in the hierarchy of promotional post.
2
CWP No.19387 of 2011 (O&M)
Union of India represented by DoP&T and others Vs. Raj Pal and another.
19-10-2011
High Court of Punjab and Haryana at Chandigarh
Order dated 31-5-2011 of Hon’ble CAT, Chandigarh is upheld. CWP filed by Respondents dismissed.
3
SLP No.cc-7467 of 2013 against order dated 19-10-2011 of the Hon’ble High Court
Union of India represented by DoP&T and others Vs. Raj Pal and another.
15-4-2013
Supreme Court of India
SLP filed by the Union of India is dismissed.
4
OA No.904/2012
Sanjay Kumar, UDC and 18 others Vs. UOI represented by Ministry of Defence and others.
26-11-2012
CAT, Principal Bench, New Delhi.
OA is allowed for grant of MACP in next promotional post i.e. Assistant in PB-2+Grade Pay Rs.4200.

2. Accordingly, model draft representation addressing to the SG which was prepared by Com. P.K. Das, Secretary, Bhubaneshwar Branch & Dy.Secy General(CHQs) should be submitted by the UDCs preferably who are having 10 years of service as UDC or total 20 years service as LDC and UDC for consideration and grant of MACP in hierarchy of the promotional post i.e. pay structure of Assistant. In case of UDC having lesser service, they may also submit the representation with modifications. You are requested to arrange in submitting the same to the authorities through proper channel and intimate the same to me for information and further action.

3. In this connection you are also requested to kindly visit our website to know the content of my letter written to DST in the matter for your information.

4. In the mean time, we have discussed the matter with Com. S.K. Vyas, Member National Council (JCM) and Member of the Joint Committee on MACP and requested him to take up the issue with DoP&T / in next meeting of Joint Committee on MACP which is likely to be held during September, 2013.
Thanking you,

Yours sincerely,
(MANOJ KUMAR SHARMA)


Secretary General.