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Clarification On MACP Scheme – Promotion Earned Through LDCE Is To Be Treated At Par Direct Recruits

Clarification On MACP Scheme

Clarification on MACP Scheme – Promotion earned through LDCE is to be treated at par Direct Recruits: DOP Order dated 29.09.2021

No. 4-7/MACPS/2019-PCC
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi – 110001
Date : 29.09.2021

To

  1. All Chief Postmasters General I Postmasters General
  2. Chief General Manager, Parcel /BD / PLI Directorate / CEPT.
  3. Director, RAKNPA / Directors of All PTCs
  4. Addl. Director General, Army Postal Service, R.K.Puram, New Delhi
  5. All General Managers (Finance) / Directors Postal Accounts

Sub: Clarification on Modified Assured Career Progression (MACP) Scheme -reg.

Sir / Madam,

This refers to various references/representations seeking the benefit of financial upgradation under MACP Scheme by treating promotion earned through limited departmental competitive examination (LDCE) at par Direct Recruitment in terms of Hon’ble Supreme Court Judgment dated 16.08.2016 in Special Leave Petition to Appeal (C) No. 4848/2016 in the case of D.Sivakumar.

2. In this regard, it is informed that Hon’ble Supreme Court had left the question of law open in D.Shivakumar case hence; the Hon’ble Apex Court has not decided the issue on merit. Therefore, there is no question of any binding precedent laid down by the Supreme Court.

3. Further, since the question of law on the issue as to whether the promotion earned through Limited Departmental Competitive Examination (LDCE) is to be treated at par Direct Recruits or otherwise, is still under consideration before Hon’ble Supreme Court in various similar tagged cases vis CA 4432/2019 Union of India Vs E. Sreeramulu, SLP (C) No. 023649/2019 Union of India Vs. K.Ranganatha Pillai, S.L.P. (Civil) No. 26561 of 2019 Kharati Lal & Others Vs UOI and SLP (C) No. 11997/2019 Dev Karan Mahala Vs UOI etc., the similar cases are to be defended on their merits on the basis of grounds provided vide this Directorate letter No. 15.11.2019.

4. As such, each and every case must be dealt on its merits as per the instructions of MACP Scheme. However, in order to make a better understanding on the issue vis-a-vis clarification issued vide this Directorate OM of even No. dated 06.09.2021, the following symbolic illustrations are mentioned below:-

i. If a Central Govt. employee, who was appointed (direct entry) as Postman, earns regular promotion to the post Postal Assistant (through LDCE), granted TBOP and then earns another promotion to Inspector Posts cadre (through LDCE), no financial upgradation under MACP Scheme shall be admissible to him/her. The modalities for financial upgradation and pay fixation thereon shall be as follows:-

EventW.e.f.Pay ScaleRemarks
Postman01.01.1989825-1200Entry Grade.
Postal Assistant01.01.19924000-6000Regular promotion through LDCE. Pay fixation under FR-22(I)(a)(l). Reckoned as 1st offset MACP
TBOP01.01.2008GP Rs.2800Pay fixation as per FR-22(I)(a)(l). Reckoned as 2nd offset MACP.
Inspector Posts01.0 1.2009GP Rs.4600Regular promotion through LDCE. Pay fixation under FR-22(I)(a)( l). Reckoned as 3rd offset MACP.

ii. If a Central Govt. employee, who was appointed (direct entry) as MTS, earns three regular promotions to the posts vis 1st Lower Division Clerk (LDC), 2nd Junior Accountant, 3rd Senior Accountant in Postal Accounts Offices before completion of 30 years of service from direct entry grade, no financial up gradation under MACP Scheme shall be admissible to him/her. The modalities for financial up gradation and pay fixation thereon shall be as follows:-

Eventw.e.f.Pay ScaleRemarks
MTS /Sorter01.01.1987825-1200Entry Grade.
LDC01.01.19963050-4590Regular promotion through LDCE. Pay fixation under FR-22(l)(a)(l). Reckoned as 1st offset MACP.
Jr. Accountant01.01.2006GP Rs.2800Regular promotion through LDCE. Pay fixation under FR-22(I) (a)(l). Reckoned as 2nd offset MACP.
Sr. Accountant01.01.2010GP Rs.4200Regular promotion . Pay fixation under FR 22(I)(a)(1). Reckoned as 3rd offset MACP.

5. Further, the competent authority has advised to all administrative units to ensure timely review and disposal, thereon, of all the pending representations/cases on the issue in the light of this clarification as well as that of issued vide this Directorate OM of even No. dated 06.09.2021. A line of compliance may also be appraised to this Directorate.

6. It is therefore, requested to bring this clarification to the notice of all concerned immediately and ensure strict adherence in true spirit.

Yours faithfully,

(D.K. Tripathi)
ADG (GDSA/PCC)
Tel. – 23096629
Email-adggds@indiapost.gov.in

Copy to :-

  1. As per standard list.
  2. CGM, CEPT for uploading the order on the India Post web site under Establishment subject.
  3. Guard File.

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DOP Clarification On MACP Scheme And Pay Fixation

DOP Clarification On MACP Scheme And Pay Fixation

DOP Clarification on MACP Scheme and pay fixation i.r.o. MTS, Postman, Postal Assistant, IP, AAO etc. of Postal Department – Department of Posts OM dated 06.09.2021

No. 4-7/MACPS/2019-PCC
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg,
New Delhi – 110001

Date: 6.9.2021

To
1 All Chief Postmasters General / Postmasters General
2. Chief General Manager, BD Directorate / Parcel) Directorate / PLI Directorate / CEPT.
3 Director, RAKNPA / Directors of All PTCa
4 Addl. Director General, Army Postal Service, R.K.Puram, New Delhi
5. All General Managers (Finance) / Directors Postal Accounts

Subject: Clarification on Modified Assured Career Progression (MACP) Scheme – reg.

Sir/Madam,

This refers to various references received from administrative units and service associations seeking clarification on the following point of reference as to what will be the modalities for financial upgradation under MACP Scheme and pay fixation thereon, if a Central Govt. employee having availed the benefit of financial upgradation under MACP Scheme is promoted to Postman/Mail Guard or Postal/Sorting Assistant or Inspector Posts cadre (i.e. to the post which carry higher Grade Pay / pay Level in Pay Matrix than what is available under MACPS and have the element of direct recruitment) through Limited Department Competitive Examination (LDCE) immediate after availing the benefit of MACP, in terms of para-4, para-28(B)/27(B) of recent consolidated guidelines and DoP&T OM No. 35034/5/2015-Estt(1) dated 08.09.2020.

2. The matter has been examined and it is clarified that if a Central Govt. employee who is promoted to either Postman/Mail Guard or Postal/Sorting Assistant or Inspector Posts cadre (i.e. to the post which carry higher Grade Pay / pay Level in Pay Matrix than what is available under MACPS and have the element of direct recruitment) through Limited Department Competitive Examination (LDCE) immediate after availing the benefits of 1st financial upgradation under MACP Scheme (not TBOP/BCR Scheme), the benefit of 2nd financial upgradation under MACP Scheme (in the next Grade Pay w.r.t. Grade Pay / pay Level held by Government servant) shall be admissible to him/her on completion of 20 years service from direct entry grade in terms of para-28(B) of OM dated 19.05.2009 & para-27(B) of OM dated 22.10.2009, if otherwise, admissible and the employee fulfils the other eligibility conditions.

In such cases, fixation on such regular promotion immediate after availing the benefit of financial upgradation under MACP, shall be subject to the provisions of para-4 of the OM on MACP Scheme as this Directorate OM No. 2027/2015 SPN-II dated 20.08.2018 stands withdrawn vide OM No, 20-27/2016-SPN-II dated 29.06.202). As such, no pay fixation benefit with increment would be available and only difference of grade pay would be available or shall be placed in the level to which he/she is promoted at a cell in the promoted level equal to the figure being drawn by him/her on account of MACP. If no such ceil is available in the level to which promoted, he/she shall be placed at the next higher cell in that level. Provided the Basic Pay on Promotion to these posts where entry pay for direct recruits appointed on or after 01.01.2008, as per Section:II of Part-A of First Schedule of CCS (RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, shall not be lees than such entry pay w.e.f. 01.01.2006 in terms of D/o Expenditure OM No. 8-23/2017-E.IIIA dated 28.08.2018 as clarified vide DoP&T OM No. 36034/9/2015-Estt.(D) dated 08.00.2020. Further in 7 CPC pay structure, the pay cannot be lees then the first stage of the relevant level to which promoted as provided vide Department of Expenditure OM No. 1-6/2016-1C dated 03.08.2017.

To illustrate

i. If a Central Gove. employees, who was appointed (direct entry) as Postal Assistant (in the corresponding scale to Grade Pay Rs.2400/-) on 01.01.1997 and granted 1 financial upgradation under MACP Scheme w.e.f. 01.08.2006 (in Grade Pay Re.2800/-), earns 1st regular promotion through LDCE to Inspector Posts cadre on 01.09.2010 in Grade Pay Re.4600/- Level-7 and completes 20 years of service on 01.09.2017, the 2nd financial upgradation under MACPS in the Level-8 of Pay Matrix (in the next Grade Pay w.r.t. Grade Pay / pay Level held by Government servant) will be granted on completion of 20 years of service i.e. 01.00.2017. The modalities shall be as follows:-

EventW.e.f.Pay ScaleRemarks
Postal Assistant01.09.1997Grade Pay Rs.2400Entry Pay
1st MACP01.09.2008Grade Pay Rs. 2800On completion of 10 years service.  Pay fixation as per FR 22(I)(a)(1)
Inspector Posts01.09.2010Grade Pay Rs.46001st regular promotion (through LDCE).  No pay fixation with increment.  Only difference of GP i.e. Rs.1800 is to be added in the basic pay (para-4 of MACPS) Provided the basic pay shall not be less than the entry pay i.e. Rs. 17140/- (DoP&T OM dated 08.09.2020)
2nd MACP01.09.2017Level-8 (GP Rs.4800/-)On completion of 20 years service.  Pay fixation as per FR 22(I)(a)(1)

ii. If a Central Govt. employees, who was appointed (direct entry) as MTS (in the corresponding scale to Grade Pay Rs.1800/-) on 01.08.1990 and granted 1st financial upgradation under MACP Scheme w.e.f. 01.09.2008 in term of para-5 of MACPS (in Grade Pay Rs.1900/-), earns regular promotions, 1st to Postman on 01.00.2009, 2nd to Postal Assistant (through LDCE) on 01.09.2013 & 3rd to Inspector Posts cadre (through LDCE) on 01.01.2021 and completes 20 and 30 years of service as on 01.08.2010 & 01.08.2020 respectively, the modalities for financial upgradation under MACPS and pay fixation thereon shall be as follows:-

EventW.e.f.Pay ScaleRemarks
MTS01.08.1990GP Rs.1800Entry Grade (initial scale Rs.2650-4000 stands merged with TOBP scale Rs.2750-4400 w.e.f. 01.01.2006 to corresponding GP Rs.1800/- as a result of 6th CPC recommendations)
1st MACP01.09.2008GP Rs.1900In terms para-5 of MACPS on merger of various scales of MTS as a result of recommendation of 6th CPC.  Pay fixation as per FR-22(I)(a)(1)
Postman01.09.2009GP Rs.20001st regular promotion.  No Pay fixation.  Only difference of GP i.e. Rs.100 is to be added in the basic pay provided it shall not be less than the entry pay i.e. Rs.8460/-
2nd MACP01.08.2010GP Rs.2400On completion of 20 years service.  Pay fixation as per FR-22(I)(a)(1).
Postal Assistant01.09.2013GP Rs.24002nd regular promotion (through LDCE).  No fixation benefit with increment would be available provided the basic pay on promotion shall not be less than the entry pay i.e. Rs.9910/- (in term of DoP&T OM dated 08.09.2020)
3rd MACP01.08.2020Level-5On completion of 30 years service.  Pay fixation as per FR-22(I)(a)(1)
Inspector Posts01.01.2021Level-73rd regular promotion (through LDCE).  No pay fixation with increment.  Only simple replacement to the Level-7 at a cell equal to the figure being drawn him on account of MACP.  If no such cell is available in the Level-7, he shall be place at the next higher cell in that Level.  Provided pay cannot be less than the first stage of the Level 7 i.e. Rs.44900/- in terms of Department of Expenditure O.M. No. 1-6/2016-IC dated 03.08.2017.
On subsequent promotion (4th), if any, fixation benefit under FR-22(I)(a)(1) shall be admissible.

iii. If a Central Govt. employee. who was appointed (direct entry) as Postman on 01.01.1988 and granted TBOP in the scale (Re.3200-4900) w.e.f. 01.01.2001, earns regular promotions to the posts vis 1st Postal Assistant (through LDCE) on 01.09.2002, 2 LSG on 01.01.2009, 3 HSG-II on 01.03.2016 & PS Gr. ‘B’ / AAO (through LDCE) on 01.07.2015 and completes 20 & 30 years of service on 01.01.2006 & 01.01.2015 respectively. the modalities for financial upgradation and pay fixation thereon shall be as follows:-

EventW.e.f.Pay ScaleRemarks
Postman01.01.19853050-4590Entry Grade (initial scale Rs.825-1200 upgraded to Rs.3050-4590 w.e.f. 01.01.1996)
TBOP01.01.20013200-4900On completion of 16 years of service.  Pay fixation as per FR-22(I)(a)(1).
Postal Assistant01.09.20024000-6000Regular promotion.  Pay fixation under FR 22(I)(a)(1)
2nd MACP01.09.2008GP Rs.2800On completion of 20 years service in terms of para-5 of MACPS due to upgradation of the scale of Postman as a result of recommendation of 6th CPC to Rs.3200-4900 (grade Pay Rs.2000/-).  Pay fixation as per FR-22(I)(a)(1)
LSG01.01.2009GP Rs.28002nd regular promotion.  No Pay fixation
3rd MACP01.01.2015GP Rs.4200On completion of 30 years service.  Pay fixation as per FR-22(I)(a)(1)
HSG-II01.03.2015GP Rs.42003rd regular promotion.  No pay fixation.
PS Gr-B/ Asstt. Accounts Officer (AAO01.07.2015GP Rs.4800/-4th regular promotion through LDCE.  Pay fixation as per FR-22(I)(a)(1). Since both the posts PS Gr. ’B’ and AAO had no element of direct recruitment.  The benefit of fixation at the minimum of entry pay i.e. Rs. 18,150/- in terms of D/o Expenditure OM dated 28.09.2018 & DoP&T OM dated 08.09.2020 (ibid), shall not be admissible.  Although, the provisions of D/o Expenditure OM No. 1-6/2016-IC dated 03.08.2017 shall be applicable.

3. It is therefore, requested to bring these clarification to the notice of all concerned immediately and ensure strict adherence in true spirit.

Yours faithfully

(Sapna)
ADG (GDs/PCC)

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Low APAR grading ? Opportunity to submit review request – TN Circle

Low APAR grading,opportunity to submit review request - TN Circle

Consideration of representations of officials for up-gradation of low APAR grading for year 2016-17 for grant of MACP – TN Circle Order dated 31.08.2021

Department of Posts
Office of the Chief Postmaster General, Tamilnadu Circe, Chennai 600002

To

The Postmaster General
Chennai City Region, Chennai – 600002
Central Region, Tirucirapalli 620001
Western Region, Coimbatore – 640002
Southern Region, Madurai – 625002

No. STC/23-2/2019/Vol. II dated at Chennai 600002 the 31.08.2021

Sub: Consideration of representations of officials for up-gradation of APAR grading for the year 2016-17 for grant of MACP – reg.

This is regarding consideration of representations of officials for up-gradation of bench mark grading from “Good” to “Very Good” in the APAR for the year 2016-17 for the purpose of MACP.

2. Directorate vide letter No. 7-8/2016-PCC dated 05.10.2016 enhanced the bench mark for grant of financial up-gradation under MACPs from “GOOD” to “VERY GOOD” w.e.f. 25.07.2016 for all the post as laid down in DOPT OM no. 35034/3-2015-Estt (D) dated 27/28.09.2016. As 2016-17 is a transition year and there would have been some been communication gap in understanding the implications of bench mark grading etc. by the officials in filed formation. This has to be approached with principles of natural justice and and empathy especially for the APAR grading for the year 2016-17.

3. Hence, The Chief PMG has ordered to afford one more opportunity, as a one time measure to the officials who are having good record of service. The representations of Such officials for up-gradation for the APAR numerical grading for the period 2016-17 which were already decided/rejected mainly on the grounds of period of limitation, may be reviewed/re-considered and appropriate orders passed based on the merits and overall performance of the official.

E. Durairajan
Assistant Postmaster General (Staff)
For Chief PMG, Tamilnadu Circle,
Chennai 600002
Tel. 044-28520390
e-Mail : Staff.tn@indiapost.gov.in

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Guidelines For Grant Of MACPs Benefits In The Promotional Hierarchy || DOP Order Dated 29.04.2020

Guidelines on reference / representations /court cases in various ministries / Departments / Oranisations for grant of MACPs benefits in the promotional hierarchy regarding.

In this regard, Department of Posts has circulated dated 29th April 2020 in the Office Memorandum on the above subject
DOPT OM No.22034/4/2020-Estt.(D) dated 3 March 2020

Guidelines For Grant Of MACPs

Guidelines For Grant Of MACPs

Guidelines For Grant Of MACPs
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MACP on Promotional Hierarchy – Supreme Court Case Status – Order reserved

MACP on Promotional Hierarchy – Supreme Court Case Status – Order reserved


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MACP ON PROMOTIONAL HIERARCHY
Supreme Court Case No  21803/2014
Updates of today’s/Final hearing-
Advocate C K Sasi (AOR), who was well briefed by us, argued the case for M V Mohanan Nair. Advocates, representing to other respondents also done commendable job. Actually it was a well organised team work. Amicus Curiae presented the case extremely well. He also submitted a written statement of his arguments to the court. As a result,  the court realized the following:

1)    There are anomalies in MACP scheme as evident from Minutes of Meeting of Anomaly Committee.
2)    These anomalies are affecting Group B & C employees and no impact on Group A.
3)    These anomalies have life long impact.
Arguments have been completed and the case is now reserved for orders. We expect a judgment allowing MACP on promotional hierarchy.
Thanks
for Steering Committee
MACP on Promotional hierarchy
Case Status from Supreme Court Website:-
Diary No.- 14117 – 2014
UNION OF INDIA SECRETARY vs. M.V. MOHANAN NAIR
Case Details
Diary No.
14117/2014 Filed on 24-04-2014 06:10 PM
PENDING
[SECTION: XI-A]
Case No.
SLP(C) No. 021803 / 2014  Registered on 08-08-2014
S.L.P.(C)…CC No. 008271 / 2014  Registered on 21-05-2014
Present/Last Listed On
23-01-2020 [HON’BLE MRS. JUSTICE R. BANUMATHI, HON’BLE MR. JUSTICE A.S. BOPANNA and HON’BLE MR. JUSTICE HRISHIKESH ROY] [CL.NO. : 101]
Status/Stage
Pending – (Final Hearing) Heard & Reserved-Ord dt:23-01-2020
Admitted
[ADMITTED ON : 30-07-2019]
Category
1900-Three Judges Bench Matter
Act
Petitioner(s)
  1 UNION OF INDIA .DEPT OF PERSONNEL AND TRAINING SECRETARY
SECRETARY MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION , DISTRICT: NEW DELHI ,NEW DELHI , DELHI2 THE PRINCIPAL REGISTRAR
CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, 61/35, COPERNICUS MARG , DISTRICT: NEW DELHI ,NEW DELHI , DELHI3 KERALA CENTRAL ADMINISTRATIVE TRIBUNAL THE DEPUTY REGISTRAR
ERNAKULAM BENCH , , DISTRICT: KOCHIN ,ERNAKULAM , KERALA
Respondent(s)
  1 M.V. MOHANAN NAIR S/D/W/Thru:- M.R VISHWANATHAN NAIR
PHOTO COPIER, CENTRAL ADMINISTRATIVE TRIBUNAL , DISTRICT: ERNAKULAM KOCHIN ,ERNAKULAM , KERALA
Pet. Advocate(s)
  ARVIND KUMAR SHARMA[P-2]
ARVIND KUMAR SHARMA[P-1]
ARVIND KUMAR SHARMA[P-3]
MUKESH KUMAR MARORIA
Resp. Advocate(s)
  C. K. SASI
G. PRAKASH
Impleaders Advocate(s)
  MOHAN KUMAR[IMPL]
Intervenor Advocate(s)
  M. K. DUA[INT]
RAMESHWAR PRASAD GOYAL[INT]
SATISH KUMAR[INT]