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

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Thursday, March 31, 2016

MEETING WITH CABINET SECRETARY ON PAY COMMISSION ISSUES

A meeting with Cabinet Secretary Sri. P. K. Sinha was held at Cabinet Secretariat Committee Room, Rashtrapati Bhawan, New Delhi on 30.03.2016. All Members of empowered committee i.e. Secretaries of Various Departments were present in the meeting. Department of Post was represented by Sri. Ashutosh Tripathi, Member (Personal), Sri Shailendra Dashora, DDG (Estt) Ms. Manju Pandey, DDG (Personal) & Ms. Anju Nigam DDG (SR) from NFPE Com. R. N. Parashar, Secretary General NFPE & General Secretary P3, Com. Giriraj Singh, President NFPE & General Secretary, R3 & Com. R. Seethalakshmi, Dy. Secretary General, NFPE & General Secretary P4 from FNPO, Com. D. Theagrajan, Secretary General, FNPO & General Secretary R3, Com. T. N. Rahate, President FNPO & General Secretary P4 and from BPEF. Com. S. K. Sinha, General Secretary Postal Accounts Association participated. We presented our views in support of each and every demand submitted by NFPE & FNPO in memorandum to Pay Commission and Empowered Committee and implementation cell. We demanded upgraded scales for each cadre of Department. The meeting was held in a very congenial atmosphere. We may hope for the better.
Schemes for retiring officials for voluntary work (Click the link below to view) ENGLISH VERSION HINDI_VERSION
No proposal under consideration to replace the National Pension System (NPS) with old pension scheme - Govt. replied in Lok Sabha.
(Click the link below to view) PDF/WORD(Hindi) PDF/WORD

NATIONAL CONVENTION OF WORKERS, MAVLANKAR HALL, NEW DELHI - 30.03.2016 - DECLARATION & PRESS STATEMENT



Tuesday, March 29, 2016

Declaration of Assets and Liabilities by Public Servants under section 44 of the Lokpal and Lokayuktas Act, 2013 - Filling of Returns by public servants on or before 15th April, 2016 - regarding.
To view please Click Here.
Notifying of Recruitment Rules within ten weeks time period after the same are approved by the UPSC: DoPT CLICK HERE FOR DETAILS
Recruitment Rules should be reviewed once in 5 yrs, pending RR should be update before 30.09.2016: DoPT CLICK HERE FOR DETAILS

Monday, March 28, 2016

LDC-UDC ISSUE: 
(Case filed by the All India Association of Administrative Staff (NG) MoS&PI &Anr at CAT Jabalpur)

Due to non availability of sufficient judges to constitute the bench, the case has been adjourned to 19th July 2016.


Saturday, March 26, 2016

CABINET APPROVES 6% HIKE IN DA FOR CENTRAL GOVT EMPLOYEES
Press Information Bureau Government of India
Cabinet
23-March-2016 16:29 IST
Release of additional instalment of Dearness Allowance to Central Government employees and Dearness Relief to Pensioners due from 1.1.2016
The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has approved release of an additional instalment of Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to Pensioners w.e.f. 01.01.2016. This represents an increase of 6 percent over the existing rate of 119 percent of the Basic Pay/Pension, to compensate for price rise. 

This will benefit about 50 lakh Government employees and 58 lakh pensioners. 

The increase is in accordance with the accepted formula, which is based on the recommendations of the 6th Central Pay Commission (CPC). The combined impact on the exchequer on account of both Dearness Allowance and Dearness Relief would be of Rs. 6796.50 crore per annum and Rs.7929.24 crore respectively, in the financial year 2016-17 (for a period of 14 months from January, 2016 to February, 2017). PIB

Thursday, March 24, 2016

7TH PAY COMMISSION: Minutes of the 2nd meeting of Empowered Committee held with NC JCM Staff Side

Minutes of the 2nd meeting of Empowered Committee of Secretaries (E-CoS)

Venue: Committee Room, Cabinet Secretariat, Rashtrapati Bhawan
Date of Meeting: Thursday, the 1 st March, 2016
Time of Meeting: 6:45 PM

Members of E-CoS present
1          Cabinet Secretary
2.         Chairman, Railway Board
3.         Home Secretary
4          Defence Secretary
5          Secretary, D/o Science & Technology
6.         Secretary, D/o Personnel & Training
7.         M/o Health & Family-Welfare
8.         Secretary, D/o Pension and Pensioner’s Welfare
9.         Secretary (Security), Cabinet Secretariat

10.       Secretary, D/o Posts
11 .       Deputy Comptroller and Auditor General
Secretariat for E-CoS:
1. Jöint Secretary, Implementation Cell, D/o Expenditure
2. Director, Implementation Cell, D/o Expenditure

Representatives of JCM (Staff-side):

1 .        Shri Shiv Gopal Mishra
2.         Shri M. Raghavaiah
3.         Shri Rakhal Das Gupta
4.         Shri Ch. Sankara Rao
5.         Shri J.R. Bhosle
6.         Shri Guman Singh
7.         Shri R.P. Bhatnagar
8.         Shri K.S. Murty
9.         Shri K.K.N. Kutty
10.       Shri C. Srikumar
11 .      Shri R. Srinivasan
12.       Shri M. Krishnan
13.       Shri M.S. Raja
Subject: Implementation of the recommendations of the 7th Central Pay Commission — 2nd meeting of the E-CoS

A meeting of the Empowered Committee of Secretaries (E-CoS) was held on 1 st March, 2016 in the Cabinet Secretariat under the chairmanship of the Cabinet Secretary to discuss issues raised by Staff„side of JCM

2. Welcoming the members of E-CoS and JCM Staff side, Cabinet Secretary observed that the meeting had been called to take a note of concerns of Stäff-$ide of JCM regarding recommendations of the 7th CPC and invited the members Of Staff-side of JCM to share their views on the recommendations.

3. Opening the discussion, representative of Staff-side of JCM expressed gratitude to Cabinet Secretary for inviting them for interaction regarding the recommendations of the 7th CPC and requested that more frequent interactions of JCM may be held to resolve outstanding issues across the table. It was expressed that 7th CPC has recommended a meager increase of 14% in the minimum pay as against increase ranging up to 54% during previous Pay Commissions. It was further stated that the recommendations on minimum pay, allowances, advances etc. will cause difficulty to employees. Representative of Staff-side informed that they have already submitted a charter of demands to the Cabinet Secretary bringing out the issues. These have also been discussed in the meeting of JS (IC) with Staff-side of JCM held on 19.02.2016.

4. Major concerns expressed by JCM Staff-side were as under:

The minimum pay of Rs. 18000/- p.m. recommended by the Commission is on lower side and needs to be revised upward by taking into account the prices of commodities as on 01.07.2015 and appropriately factoring in for social obligations & housing.

(ii) New Pension Scheme should be done away with. Persons governed by the NPS are deprived of Family Pension and do not have provision of provident fund. As a result they are at a disadvantageous position as compared to the persons governed by the old system.

(iii) Recommendations on allowances need to be properly examined before taking a decision.

(iv) Fixed Medical Allowance should be increased from existing Rs. 500 p.m. to Rs. 2000 p.m. as majority of cities are not covered under CGI-IS and people residing outside the CGHS covered area are unable to meet their medical needs with meager amount of Rs. 500 p.m.

(v) Recommendation regarding withdrawal of non-interest bearing advances may not be accepted.

(vi) Outsourcing of services should be discouraged as the contract workers are being exploited by contractors and at the game time the service delivery is being compromised due to inefficiency and lack of accountability of low aid contractual staff.

(vii) Enhancement in contribution towards Group Insurance Scheme, is not justified as this would reduce the actual increase in take home salary considerably. If the rates are to be raised, the Government should bear the insurance premium

(viii) The recommendation regarding grant of only 80% of salary for the second year of Child Care Leave need not be accepted as this would deter women from availing of CCL, which was introduced as a welfare measure.

(ix) Annual increments be granted @ 5% instead of existing 3% and increments may be granted on two dates viz., 1 st of January and 1 st of July of every year as in the present system of grant of increment on 1 st July of every year, employees joining/promoted after 1 st January, who do not complete 6 months services as on 1 st July, have to wait for up to 18 months for grant of increment.

(x) The Commission’s recommendation of downgrading the Assistants of Central Secretariat for bringing in parity with their counterparts in the field offices is not appropriate.

(xi) Recommendation regarding PRIS need not be accepted as no scientific mechanism has been devised to assess the performance of employees and the same could ecourage favoritism.

5. Issues regarding financial upgradation under MACPS in promotional hierarchy without grading stipulation. grant of two increments on promotion introduction of Productivity Linked Bonus, treating Grameen Dak Sevak as Government employees, removal of pap of 5% on compassionate appointment 8i full pay and allowances In case of Work Related Illness and Injury Leave improving promotional avenues for technical and supervisory staff etc. were also raised by members of JCM.

6. During the discussion, representatives of JCM also suggested that the Nodal Officers nominated by various Ministries/Departments may hold interactions with recognized Staff Associations and other stakeholders under their purview so as to identify issues specific to those Ministries/Departments for redressal.

7. After hearing the participants, Cabinet Secretary observed that the deliberations have helped E-CoS in understanding the major concerns of the Staff-side and said that all issues have been taken note ofHe assured that fair consideration will be given to all points brought out by JCM before taking a final view. He further stated that the E-CoS needs to examine the Report of the Commission in entirety as well as the issues raised by JCM in consultation with all other stakeholders. As such, it may take some time to take a final call on the recommendations of the Commission.

8. Cabinet Secretary also advised the members of E-CoS to hold interactions with their Staff Associations and other stakeholders under their purview preferably within a week.


9. Meeting ended with vote of thanks to the chair.

The periodical meeting of JCM National Council, with the Secretary Pension was held on 10.3.2016 at the the Conference hall of the Department of Personnel and Administrative Reforms, Sardar Patel Bhawan, New Delhi today i.e. 10.3.2016

After the initial comments from the Secretary Pension and the Secretary Staff Side, the items which had been subjected to discussion in the earlier meeting and the action taken statement thereon were taken up. The following were the issues that came up for discussion in the Action Taken Statement.


1. Abnormal delay in the issue of revised PPO to pre 2006 retirees pensioners/family pensioners. (as per the minutes of the JCM held on 26.02.20125).The following information was given at the meeting:

Ministry/Deptt.     Total Cases     Revised authority issued     PPOs yet to be revised
Civil Ministries         431172                        425599                              5573
Railways                   984260                        984260                               Nil
Posts                       159675                         159675                               Nil
Telecom                   53126                           52284                               272

2.Cashless treatment to CGHS beneficiaries by empanelled private hospitals. The health Ministry officials stated that since the budgetary provisions are made separately for each Ministry it was not possible to ensure cashless treatment to serving employees. The concerned Department or Ministry has to enter into agreement with the hospitals.

3.Finalisation of Family pension cases within a specified period.
It was stated by the official side that the instructions have already been issued. Regarding the complaint from the M.P. Circle of the Postal Department, the matter has been taken up with the concerned authorities on 6.2.2015. The representative of the Postal Department said that the complaint has been attended to and the matter has been settled.

Agenda Items for the meeting:

1. Grant of Gratuity on retirement/death of a Central Govt. NPS subscriber. The representatives of the Pension department said that the Department of Expenditure has given their concurrence for the grant of Gratuity for the NPS subscribers on 8.1.2016. The requisite amendment to the rules, they added were being processed and the consultation with the Law Ministry and the Labour Ministry have already been made. They said that they would expedite the issuance of orders in the matter.

2. Extension of the benefits of full pension to pre-2006 pensioners who had completed more than 20 years of service but less than 33 years. The Staff side said that despite series of judgements in favour of the pensioners, the Government has not yet issued the orders. Recently the Nagpur Tribunal has issued a contempt notice to the Government. They also alleged that the pensioners are being dragged to litigation. The Representatives of the Pension Department informed that the Department of Expenditure had not agreed to extend the benefit generally to all which has resulted in filing appeal. The representative of the Department of Expenditure stated that in the light of the view of the Department of legal affairs, the matter would be re-examined.

3. Delay in the finalisation of Family pension cases by the PCDA (Pension) Allahabad. In response to the complaint the representative of the Defence Ministry informed that only in a few cases, the finalisation has been delayed due to the documentation difficulties. They assured to sort out the matter.

4. Grant of modifed parity to all those who retired prior to 1.1.2006 with reference to the upgraded post. The Staff Side stated that the Department of Pension has taken a very narrow view of the matter and the cases are dragged to the courts of law. The very spirit of the recommendation of the 5th CPC to bring about atleast modified parity if not full parity has not been appreciated by the Govt. The issue was discussed at length. The official side pointed out the decisions of the Court in favour of the position taken by the Government in the case of K.S. Krishnaswany in CANO. 3174/3006, which has been upheld by the Honourable Gujarat High Court. In reply the Staff Side pointed out that the said decisions quoted by the official side had come about due to the phrase employed while issuing the original order viz. corresponding replacement scale. After some discussions, the Chairman agreed to look into the matter afresh and revisit the order of the Department of Pension in the matter.

5.The meeting also discussed the difficulties of Pensioners during the hearing of Pension Adalats. The Staff Side pointed out the need to engage some knowledgeable person to assistant the complainants. The official side said that there had been no prohibition in the matter. The Petitioners are entitled to seek the assistance of another pensioner in presenting his case. If specific complaint of denial of this facility is brought to their notice, the Pension Department will issue the necessary instruction in the matter.

The meeting ended with a vote of thanks to the Chair
UNAUTHORIZED CONSTRUCTIONS/ ENCROACHMENTS IN GOVT. ACCOMMODATION - ADVISORY FOR ALLOTTEES CLICK HERE FOR DETAILS
RETENTION OF GENERAL POOL RESIDENTIAL ACCOMMODATION ON RE-EMPLOYMENT UNDER SR 317-B-11(4) CLICK HERE FOR DETAILS
LEASE AGREEMENT FOR HIRING OF PRIVATE BUILDING BY THE CENTRAL GOVT. FOR OFFICE ACCOMMODATION CLICK HERE FOR DETAILS
PARTIAL WITHDRAWAL FROM NEW PENSION SCHEME:

Tuesday, March 22, 2016

LICENSE FEE TO BE RECOVERED FROM ALLOTTEE WHO OWN HOUSE AT THE PLACE OF DUTY CLICK HERE FOR DETAILS
Declaration of Holiday on 14th April, 2016 - Birthday of Dr. B.R. Ambedkar

Monday, March 21, 2016

CUT IN INTEREST RATE FOR SMALL SAVINGS SCHEMES
NFPE WRITES TO THE HON`BLE MOC

National Federation of Postal Employees
1st Floor North Avenue Post Office Building, New Delhi-110 001
Phone: 011.23092771                                              e-mail: nfpehq@gmail.com
       Mob: 9868819295/9810853981                    website: http://www.nfpe.blogspot.com

     PF-35(SB)-2016                                                                    Dated: 21st March, 2016

T0

            Shri Ravi Shankar Prasad
            Hon`ble Minister of Communications & IT,
            Government of India,
            New Delhi-110 001

Sub:   Cut in interest rate for small savings schemes.

Respected Sir,

            As you  are aware that the Government of India, Ministry of Fiancé, Department of Economic Affairs (Budget Division) vide F.No.1/04/2016-NSII dated 18th March -2016 has  issued orders to cut the interest rates for Small  Savings Schemes which  will adversely affect the  poor people and customers in  Post Offices.

            Already due to CBS related problems thousands and thousands customers have closed their accounts in Post Offices. Further this cut in small savings schemes like, NSC, KVP, PPF,MIS, Sr. Citizen Savings Schemes and Sukanya Samriddhi Yojna will force them to invest their money in some other schemes.

            It is therefore requested to kindly utilize your good office and convince the Finance Ministry to exempt Small Savings Schemes in Post Offices from interest cut to protect interests of common man.

            With regards,
                        Yours faithfully,


(R.N. Parashar)
Secretary General

CUT IN INTEREST RATE FOR SMALL SAVINGS SCHEMES

NO SC/ST QUOTAS FOR GOVT JOB PROMOTIONS
SUPREME COURT

            The Supreme Court has ruled that scheduled caste (SC) and scheduled tribe (ST) members cannot claim quota as a right in government job promotions. This move was taken while rejecting a PIL seeking direction to the Uttar Pradesh (UP) government to grant reservation in promotion.

            In the landmark verdict, the apex court on March 11 said that the states were not constitutionally obliged to give preferential treatment to any community in promotion.

            A bench comprising Justice Dipak Misra and Justice Prafulla C Pant said that the government was not bound by any constitutional provision to frame a policy for reservation in promotion and the court could not order making reservation in promotion mandatory.

            Referring to Articles 16(4), 16(4-A) and 16(4-B) of the Constitution mandating socially affirmative action to help disadvantaged groups, the court said that the states were not compelled to make reservation for SCs/STs in promotion.

            It further said that the provisions allowed the government to exercise discretion and provide for reservation only after collecting quantifiable data showing backwardness of a class and inadequacy of their representation in public employment.

            According to Article 16(4-A), nothing shall prevent the state from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services in favour of SCs and STs which, according to the state, were not adequately represented.

            The bench refused to direct the UP government to carry out an exercise to find the representation of SCs/STs in government jobs in order to frame a policy for reservation in promotion.

            "The state is not bound to make reservation for SCs and STs in matter of promotions. Therefore, there is no duty. In such a situation, to issue a mandamus to collect data would tantamount to asking the authorities whether there is ample data to frame a rule or regulation. This will be in a way, entering into the domain of legislation," the bench said, according to TOI.

            The bench further said that the Constitution granted discretionary power to the government to frame law for reservation in promotion and they could not be forced to bring regulation on the issue.

            "The courts do not formulate any policy, remains away from making anything that would amount to legislation, rules and regulation or policy relating to reservation. The courts can test the validity of the same when they are challenged. The court cannot direct for making legislation or for that matter any kind of subordinate legislation," the bench said, while rejecting the PIL.

REVISION OF INTEREST RATES FOR SMALL SAVINGS SCHEMES W.E.F 01/04/2016.


Friday, March 18, 2016

Court orders against Government of India instructions on service matters-consultation with Ministry of Law and Department of Personnel and Training on question of filing appeals. CLICK HERE FOR DETAILS

Thursday, March 17, 2016

MACP ON PROMOTIONAL 
HIERARCHY
SUPREME COURT OF INDIA
       Case Status              Status : PENDING

Status of : Special Leave Petition (Civil)    21803    OF   2014

UNION OF INDIA & ORS.   .Vs.   M.V. MOHANAN NAIR

Pet. Adv. : MR. B. V. BALARAM DAS   Res. Adv. : MR. C. K. SASI

Subject Category : MATTERS RELATING TO JUDICIARY - MATTERS PERTAINING TO EMPLOYEES OF DISTRICT COURTS AND TRIBUNALS

Listed 2 times earlier      Likely to be Listed on : 25/04/2016

Last updated on Mar 16 2016

Tuesday, March 15, 2016

Periodical review under FR 56(j) – DOPT Orde

Reiteration of the instruction on streamlining the procedure for verification of claims of candidates belonging to SC/ST and OBC for purpose of appointment to posts/services - reg.
Linking of Aadhaar Card with CGHS Card
CLICK HERE  FOR DETAILS PDF/WORD(Hindi)PDF/WORD

Saturday, March 12, 2016

A VIEW OF DEMONSTRATION HELD AT JANTAR MANTAR NEW DELHI UNDER THE BANNER OF NJCA ON 11-03-2016



Friday, March 11, 2016

122 POST OFFICES CLOSED DOWN/MERGED DURING 2012-13 TO 2014-15
Please click the link below to read the LOK SABHA Q&A on the subject.(Click the link below to view)
 http://164.100.47.190/loksabhaquestions/annex/7/AU2016.pdf

Thursday, March 10, 2016

ORDNANCE FACTORY BOARD
CLARIFICATION ON IMPLEMENTATION OF ACP/MACP
GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
ORDNANCE FACTORY BOARD
AYUDH BHAVAN
10A, SHAHEED KHUDIRAM BOSE ROAD
KOLKATA – 700 001

No.Per/I/ACP/MACP/2016
Date: 07-03-2016
To
The Sr. General Managers/General Managers
All Ordnance & Ordnance Equipment Factories

Sub: Workshop for uniform implementation of ACP/MACP instructions at NADP,Ambajhari on 8th & 9th May, 2015

a Workshop on uniform implementation of ACP/MACP instructions was held at NADP, Ambajhari on 8th & 9th Maay, 2015. The Points emanating from the said workshop and pertaining to Industrial Establishment are furnished here-under for guidance and necessary action;-

ISSUE
Remarks of OFB
1
Whether the employees who were placed from HS to MCM (4500 -7000) before 01.01.2006 but did not get ACP in the pay scale of Rs.5000-8000 may be extended with the benefit of grant of 3rd MACP either on completion of 30 years of service or by staying in the same pay band and grade pay for 10 years by granting 3% increment benefit in PB-2/- GP Rs.4200/- or otherwise.
Reference:
1.OFB Circular No.Per/I/01/CP/658 dated 10-07-2015

2.PCA (Fys) Circular No.Pay/Tech-II/04/2013/22 dated 31.07.2013

Clarification:
In such cases, MACP-III benefit will be admissible in the form of one increment of 3% No change of Grade pay from his existing grade pay of Rs.4200/- would be involved.
2
Whether the employees who were placed from HS to MCM (4500-7000) before 01.01.2006 but did not get ACP in the pay scale of Rs.5000-8000 may be granted Grade pay of Rs.4600/- under 3rd MACP
Reference:
1.OFB circular No.01/CR/A/I/658 dated 17-02-2014.

2. PCA(Fys) circular No.Pay/Tech-II/04/2014/02 dated 11.02.2014.
3.MoD ID No.11(5)/2009-D(Civ-I) dated 06.02.2014.

Clarification:
No, they are not eligible for Grade Pay of Rs.4600 under 3rd  MACP. Only the HS/MCM workers drawing pay scale of Rs.5000-8000 under ACPS upto 31.12.2005 are eligible for Grade pay of Rs.4600 under 3rd   MACP
3
The grade pay of HS/MCM workers, who did not get ACP in the pay scale of Rs.5000-8000 before 01.01.2006 but granted Grade pay of Rs.4600 under 3rd MACP, are to be reduced to 4200/- It is not clear in OFB or PC of A(Fys) Circular whether recovery can be done or otherwise.
Clarification: The recovery is to be made.
4
Whether Skilled workers may be considered for Grade Pay of Rs.2400 under ACP during the period from
01-01.2006 to 31.08.2008
Clarification:
Yes, they may be considered for Grade Pay of
Rs.2400 i.e. Grade Pay of next promotional hierarchy (HS-lI) under ACPS during
the period from 01.01.2006 to 31.08.2008 after
fulfillment of all promotional norms including
passing of trade test for HS-II grade.
5
Whether Skilled workers drawing pay scale of Rs.5000-8000 under ACPS upto
31.12.2005 may be granted Grade pay of Rs. =4600 under 3’d MACP at par with HS/MCM workers
Reference:
1.OFB Circular No.01/CR/A/I/658 dated 17-02-2014.

2.PCA(Fys) Circular No.Pay/Tech-II/04/2014/02 dated 11.02.2014.

3.MoD ID No.11(5)/2009-D(Civ-I) dated 06.02.2014.

Clarification: No, they are not entitled for the same as per MoD Order. However, the matter has been referred to MoD for consideration.
6
Whether the employees who were in the
Pay Scale of Rs.4000-6000 and thereafter granted Pay Scale of Rs.5000-8000 under ACP-II during the period from 01.01.2006 to 31.08.2008 may be considered for Grade Pay of Rs.4600 under 3rd MACPS.
Clarification:
No, they are not entitled for the same.
7
Whether the Artisan staff holding the HS grade in the pay scale of Rs.4000-6000 (Pre-2006) and promoted to the grade of HS-I (GP- 2800) & MCM (GP-4200) during cadre re-Structuring w.e.f 01.01.2006 may be considered for Grade Pay of Rs.4600 under 3rd MACPS.
Clarification:
Grade Pay of Rs.4600 will not be admissible to them as they have already been granted 3 promotions i.e. from SK to HS-II, HS-II to HS-I and HS-I to MCM.
8
There are some cases wherein the individuals had been appointed directly to the grade of HS after completion of SCT/SAT and did not get any promotion till 09.08.1999. How to give them ACP/MACP benefit is the question to be decided. A clarification may be given
Clarification:
Since these are very specific cases, any comment is not considered appropriate without verifying full details of career movements and other issues. However, ACP/MACP is to be considered by taking into consideration of date of appointment in HS grade and further movements.
9
At the time of restructuring of artisan cadre, the HS grade has been bifurcated to HS Gr-II (GP Rs.2400) and HS Gr-I (GP Rs.2800). The senior most 50% IEs of the erstwhile HS grade have been brought on to the category of HS-I and remaining IEs of erstwhile HS grade have been renamed as HS-II on 01.01.2006. Whether MACP can be considered by treating this movement from HS to HS Gr.I as not a promotion.
Reference:
Mod ID No.11(5)/2009-D(civ-I) dated 01.12.2010.

Clarification: Placement of 50% of the existing HS as HS-I w.e.f 01.01.2006 will be treated as promotion for the purpose of ACP/MACP
10
An employee was appointed as Lab (US) on 01.07.1991 in the pay scale of Rs.2550-3200. Then promoted to Lab (SS) on 20.01.2001 in the pay scale of Rs.2650-4000. Lab (US) and Lab (SS) has been merged into one grade of Lab (SS) w.e.f 01.01.2006 in the grade of Lab (US) to Lab (SS) prior to 01.01.2006 is to be ignored. Hence, revised ACP has been given w.e.f 01.01.2006 in the GP of Rs.1900 and counted towards 1stfinancial up-gradation under ACPS. He has been appointed by transfer to Tradesman (SS) on 31.07.2007 and then placed to Tradesman (Skilled) on 31.07.2009 and thus his GP of Rs.1900 granted earlier by way of ACP w.e.f. 01.01.2006 has been regularized by functional promotion/placement to skilled grade. Then he has been promoted to HS Gr-II w.e.f. 31.07.2009 in the GP f Rs.2400/- in cadre restructuring. Thus he got the 2ndfinancial upgradation by way of ACP and promotion. At this juncture he is approaching to ignore his 1st ACP in the GP of Rs.1900 allowed on 01.01.2006 since Trade (SS) to Tradesman (skilled) is to be ignored for all purposes and is requesting to treat the promotion to HS Gr.II  w.e.f 31.07.2009 as the 1stfinancial up-gradation and to the GP of Rs.2800 as the 2nd financial upgradation under MACP w.e.f 11.07.2011 on completion of 20 years. Clarification may be given whether the revised ACP given to him in the GP of Rs.1900 on 01.01.2006 can be ignored as requested.
Reference:
OFB Circular No.Per/I/ACP/MACP/2015 dated 04.01.2016.

Clarification:
After implementation  of 6th CPC pay structure the erstwhile grades of Un-Skilled (Pay scale 2550-3200) and Semi-Skilled (Pay Scale 2650 – 4000) have been merged with the grant of common grade pay of Rs.1800/- The next hierarchical Grade in this case is skilled grade (GP-1900). For granting ACP in this Grade the individual must possess the qualification for Skilled Grade. Since he only got up-gradation to the Skilled grade on 31.07.09, it is unlikely that he has passed the trade test for skilled grade prior to 01.01.2006.In view of the above, grant of ACP in the revised grade pay structure w.e.f 01.01.2006 to this employee is not in order. However, he may be granted MACP-I in the Grade Pay of Rs.1900/- w.e.f 01.09.2008. There will be no change in Grade Pay of the individual of Rs.1900/- from the date of skilled also on promotion. However, all the movements/promotions/financial up – gradations under ACPS from Labourer/Un-skilled grade to Tradesman/Skilled grade are to be ignored for the purpose of MACPS. The individual has been promoted to HS-II w.e.f. 31.07.2009. Accordingly, the individual may be considered for Grade Pay of Rs.2800 & Rs.4200 under 2nd MACP & 3rd MACP respectively on completion of required length of residency period for MACP, as he got only one promotion (i.e. from Skilled to HS-II) from his date of appointment.

However, the proposal of review of financial up-gradation under ACPS from 01.01.2006 to 31.08.2008 by giving relaxation of trade test due to merger of Labourer/Unskilled & Labourer/semi-skilled w.e.f 01.01.2006 wass forwarded to MoD for consideration MoD, in turn, forwarded the same to DoPT for consideration But the said proposal has not been accepted by DOPT.
11
Review of ACP benefit to Labourers who have completed 24 years of regular service prior to 01.01.2006 due to merging of Labourer/Unskilled & Labourer/Semi-Skilled w.e.f 01.01.2006
Reference:
OFB Circular No.Per/I/ACP/MACP/2015 dated 04.01.2016

Clarification:
The proposal of review of financial up-gradation under ACPS from 01.01.2006 to 31.08.2008 by giving relaxation of trade test due to merger of Labourer/Unskilled & Labourer/Semi- Skilled w.e.f 01.01.2006 had been forwarded to Mod  for consideration. MoD, in turn, forwarded the same to DoPT for consideration. But the said proposal has not been accepted by DoPT.
12
Whether erstwhile NIE Gr.D re-designated as IE(Lab/SS), thereafter as Tradesmen/SSK and up-graded to Tradesmen/SK are eligible for GP of Rs.2000/- under 1st MACP on completion of 10 years from the date of their appointment as NIE.
Clarification: Yes, they may be considered for the same as all the movements from his appointment are to be ignored for the purpose of MACPS.
13
Whether ACP benefit grante4 between
01 .01.1996 and 0l .01 .2006 due to merger of HS-II & HS-I post is to be ignored or considered as promotion for the purpose of MACP
Clarification: The movement from HS-II to HS-I
prior to 01.01.1996 will not be treated as promotion for the purpose of ACP/MACP. But the said movement on of after 01.01.2006 is to be treated as promotion for the purpose of ACP/MACP
14
Fixation benefit of promotion to MCM Grade Pay of Rs.4200 (P-2) due to change of pay band from PB-I to PB-2 after availing MACP Grade Pay of Rs.2800. After availing financial up-gradation under MACPs, if the govt. Servant gets his regular promotion in the hierarchy of his cadre, on regular promotion, he will only be granted the differences of grade pay. No additional increment will be granted at this stage. It is observed that only illustration has been shown (in MACP Orders ) within PB-I to PB-2 (from GP Rs.2800, PB-I under MACP to Gp Rs.4200 PB-2 on promotion). So, in this situation financial benefit i.e. 3% increment may be considered at the time of regular promotion due to change of pay band.


Clarification: The orders on the issue do not provide for such benefit.
15
Whether any exemption for trade test can be granted for allowing ACP benefit between 01.01.2006 to 31.08.2008
Clarification: Already clarified against Point No. 11
16
NIEs(Gr.D) drawing GP of Rs.1900 granted on MACP transfer to IEs cadre. Whether in this case the movement from GP 1800 to 1900 irrespective of more of entry is to be ignored or otherwise for future MACP benefit.
Clarification: The movement from Rs.1800/- to Rs.1900/- (before transfer from NIEs to IEs) irrespective of the mode of entry is to be treated as one promotion/up-gradation for MACP. But, as and when the individual will be granted functional up-gradation to skilled grade, his previous movement from 1800/- to 1900/- may be ignored.
17
One employee is once being treated as MCM (placement) upto 31.12.2005 and then the same employee is being treated as MCM (promotion) on 01.01.2006. This would require clarification. In the 6th CPC, the grade pay of MCM was initially given to GP of Rs.2800/- and subsequently placed/revised/upgraded to GP of Rs.4200/- w.e.f 01.01.2006. whether such placement/revision. up-gradation can be treated as promotion for any purpose like ACP/MACP
Clarification:
The grade of MCM was not in the hierarchy before 01.01.2006 and movement from HS to MCM was treated as placement and accordingly, eligible HS workers got pay scale of Rs.5000-8000 (i.e. the pay scale of CM-II) under ACP-II. But MCM grade (GP-Rs.4200) is now in the hierarchy w.e.f. 01.01.2006 and the movement from HS-I to MCM is to be treated as promotion for all purpose. But, change of Grade Pay from 2800 to 4200 to MCM workers w.e.f. 01.01.2006 due to cadre restructuring in terms of Mod Order dated 14.06.2010 are not to be treated as promotion.
18
The IEs appointed as Labourer/Un-Skilled were promoted to Labourer/Semi –skilled or granted ACP-I in the pay scale of Rs.2650-4000 and thereafter granted ACP-II in pay scale of Rs.3050-4590 (i.e Skilled grade) prior to 01.01.2006. But, Labourer/Un-skilled & Labourer/Semi-skilled have been merged into labourer/Semi-skilled (GP-Rs.1800/-) w.e.f 01.01.2006. whether financial up-gradation under ACPS in respect of the said IES may be reviewed w.e.f. 01.01.2006.
Clarification:
It can not be reviewed as passing of trade test was mandatory in ACPS and the proposal of relaxation of trade test in such cases has not been accepted by MoD/DoPT.
19
A person became eligible for financial up-Gradation under ACPS prior to 31.08.20008, but he was under currency of penalty upto 24.10.2008. whether he may be given the benefit under ACPS w.e.f. 25.10.2008 i.e. after completion of penalty period.
Since ACP scheme was applicable upto 31-08-2008, prima facie he is not eligible for same. Treatment of the period of suspension, if any, after revocation would also be the criteria. However, in case of any doubt, the case details may be forwarded to LAO/PC of A(Fys) for examination.

This issues with the concurrence of PC of a (Fys).

sd/-
(S.K.Singh)
Director/IR
For director General, Ordnance Factories
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