Category: MACP

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7th Pay Commission: Demand of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016

7th Pay Commission: Demand of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016
Demand of one more option to switch over to 7th CPC
Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
13-C, Ferozshah Road, New Delhi – 110001
Ref.No.NC-JCM-2017/fin 
August 29, 2019
To
The Additional Secretary (Pers)
Government of India,
Ministry of finance,
Department of Expenditure,
North Block, New Delhi. :
Sub: Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016.
Ref: 1) Minutes of National anomaly Committee Meeting held on Tuesday 17th of July 2018, circulated Vide DOP&T OM No. 11/2/2016-JCA-I (Pt.), dated 31st Jan. 2019.
2) This office Lt. No.C-JCM-2017/fin., dt: 5th March 2019.
The Staff Side of the National Council (JCM) is repeatedly representing to consider the demand for granting of one more option to switch over to the 7th CPC pay scales on a date which is beneficial to the employees. Vide our letter referred at (2) above, the reference of the Judgment of CAT Bombay Bench in OA No.45/12 pronounced on 29/06/2017 was also referred. In this Judgment the CAT has directed to grant him option to switch over to 6th CPC from a date which is beneficial to the employee, since he has agreed to surrender the arrears already drawn. This Judgment was also implemented by CGDA.
In the meantime, the aggrieved employees of Ordnance Factory Ambajhari under the Department of Defence production, Min. Of Defence approached the CAT Bombay Bench claiming for grant of one more option to switch over to 7th CPC pay scale. After 25/07/2016/ option to switch over to 7 CPC as on date on increment on 01/07/2016. The CAT after hearing the parties have given a direction to the respondents to consider the representation of the applicants keeping in view the aforesaid DOPT OM dated 08/07/2019, through which the minutes of the Standing committee National Council (JCM) was circulated and has directed the DOP&T to take a decision on the subject matter within a period of 6 weeks from the date of receipt of the copy of the Judgement.
Since the matter is getting unduly delayed the affected employees have started approaching to Court of law to get their grievance settled. This defeats the spirit of the JCM scheme. I therefore request you to kindly arrange to issue Govt. orders for revising the option to switch over to 7th CPC pay scale on the following two situations:
1) Option to switch over to 7th CPC to those employees who are promoted/granted MACP after 25/07/2016.
2) Option to switch over to 7th CPC as on date of increment on 01/07/2016.
‘In this regard kindly refer to ‘the illustration given in our letter dated 22nd March 2018. (copy enclosed for ready reference). We request you to kindly arrange to issue necessary instruction in this regard without further delay.
Thanking you,
Yours faithfully,
(Siva Gopal Mishra)
General Secretary
Demand of one more option to switch over to 7th CPC
Demand of one more option to switch over to 7th CPC
Source: Confederation
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MACP is entitled from the date of completion of 10/20/30 years and not from 01.09.2008 – Delhi High Court Order

MACP is entitled from the date of completion of 10/20/30 years and not from 01.09.2008 – Delhi High Court Order


Delhi High Court on 1.5.2019 in WP (C) No. 3549/2018 (Sunil Kumar Tyagi, BSF Vs UOI) had held that MACP is entitled from the date of completion of 10/20/30 years and NOT from 1.9.2008.
Earlier the Supreme Court on 8.12.2017 in Union of India Vs Balbir Singh Turn (Civil Appeal Diary No. 3744/2016 had held that MACP is effective from 1.1.2006 as per 6th Pay Commission recommendation, as it forms part of Pay and NOT allowances.
Ministry of Defence issued orders on 25.07.2018 to implement the SC judgment but the DoPT / MoF did not issue similar orders for the civilian employees.
IN THE HIGH COURT OF DELHI AT NEW DELID
W.P.(C) 3549/2018
SUNIL KUMAR TYAGI
….. Petitioner
Through:
Ms. Asha Jain Madan, Advocate with
Mr. Mukesh Jain, Advocate.
versus
UNION OF INDIA AND ANR
….. Respondents
Through:
Ms Archana Gaur and Ms Ridhima
Gaur, Advocates for UOI.
CORAM:
JUSTICE S.MURALIDHAR
JUSTICE I.S.MEHTA
O R D E R
01.05.2019
1. There are three prayers in this writ petition – one is for a direction to the Respondents to grant the Petitioner the benefit of the first Assured Career Progression (‘ACP’) Scheme with effect from October, 1999, when the Petitioner had actually completed 12 years of service instead of 30th December, 2000. The second is that the benefit of the MACP should be granted with effect from October, 2007 (instead of 1’1 September, 2008), when the Petitioner completed 20 years of service. The third prayer is that the benefit of the MACP should be given by placing the Petitioner in the scale of Sub Inspector (‘SI’) i.e. Rs.5500-9000 (pre-revised).
2. As far as the first prayer is concerned, the same has already been granted by the Respondents to the Petitioner. As far as the second prayer is concerned, the issue is covered in favour of the Petitioner by the judgment dated 8th December, 2017 of the Supreme Court in Union of India v. Balbir Singh Turn (2018) I I SCC 99. The Supreme Court has in the above judgment clarified that the benefit of the MACP which was on the basis of the recommendations of the Sixth Central Pay Commission to be extended with effect from 1st January, 2006 and not from 1st September, 2008, as was directed by the Respondents.


3. As regards the fixing of the correct pay scale of the Petitioner, it is seen that in BSF/General Duty, there is no post of ASI/General Duty in the pay scale of Rs.4000-100-6000 (pre-revised) which had been converted into Pay Band-I i.e. 5200-20200 in the grade pay of Rs.2800 having pay band of 8560 with the total pay (basic pay) of Rs.11360. Thus, in the case of the Petitioner, the second financial upgradation was required to be given in the pay scale of Rs.5500-9000 (pre-revised). Since this was not granted to other similarly placed as the Petitioner, writ petitions were filed in this Court. A series of judgments have been passed by this Court in those writ petitions, as a result of which the Respondents extended the benefit of financial upgradation in the pay scale of Rs.5500-9000 to all personnel who had completed 24 years of regular service during the period 9th August, 1999 to 31st August, 2008.

4. The counter affidavit of the Respondents does not dispute the applicability of the judgment of the Supreme Court in Union of India v Balbir Singh Turn (supra) or the applicability of the other orders of this Court, including the order dated 18th December, 2015 in W.P.(C) No.11725 (Digamber Singh ASI v UOI) concerning the appropriate pay scale for the purposes of grant of the MACP benefits.

5. Consequently, this Court directs as under:
  1. The Petitioner would be given the benefit of the MACP with effect from October, 2007 instead of 1st September, 2008; and
  2. The above benefit will be given by placing the Petitioner in the pay scale of of Sub Inspector i.e. 5500-9000 (pre-revised).
  3. The appropriate orders will be issued and the arrears will be paid to the Petitioner within a period of 12 weeks from today, failing which the Respondents will be liable to pay simple interest @ 6% per annum on the arrears for the period of delay.
6. The petition is disposed of in above terms. No costs.

S. MURALIDHAR, J.

I.S.MEHTA, J.

MAY 01, 2019ujj

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Court Order Copy :http://delhihighcourt.nic.in/dhcqrydisp_o.asp?pn=103675&yr=2019

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MACP – BENCH MARK ORDERS MODIFIED

On continuous pursuance by NFPE & AIPEU Group ‘C’ the orders on MACP Benchmark have been clarified by the Department of Post vide letter No. 7-8/2016-PCC (Pt) dated 13.03.20019.
The issue was raised several times before Department.
The issue was raised in Standing Committee Meeting of National Council JCM on 7th March 2019 before Chairman i.e. Secretary, DOP&T and he directed officers of Postal Department present in meeting to issue clarification orders on it.
We also wrote to the Member (P) vide our letter No. P/4-1/MACP dated 08.03.2019.
Resultantly Department of Post issued clarificatory orders on 13.03.2019 that very good bench mark will be applicable after 25.07.2016 prior to it “Good” will be considered for upgradation in MACP.
This will be advantageous for thousands of Postal employees.
MACP bench mark orders
MACP bench mark orders

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Representation models for revision of option for officials promoted to MACP in various date

image search result for representation
Dear Postal Blog viewers,
            Representation models for revision of option for officials promoted to MACP in various date is given below for for your convenience. It is requested to give correct option and avail the benefits


Representation model -1
For officials promoted to MACP II after 25.07.2016
From
           
To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f. 01.01.2016.
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of subsequent increment on 01.07.2018.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. Date (Ex. 01.07.2016/01.07.2017/01.07.2018)

       Revised pay may be fixed on VII CPC pay structure w.e.f. (Ex. 01.07.2016/01.07.2017/01.07.2018). I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
                                                 
                                                    Thanking you Sir,                                     
                                                                                                                           
Place:                                                                                                                   Yours faithfully,
Date:                                                                                                  
Representation model -2
For officials promoted to MACP II between 01.01.2016 and 25.07.2016
Switched over to revised pay on 01.01.2016
  From
           
To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f. 01.01.2016.
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of next increment on 01.07.2016.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. 01.07.2016.

                Revised pay may be fixed on VII CPC pay structure w.e.f. 01.07.2016 I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
                                                  
                                                    Thanking you Sir,                                     
                                                                                                                           
Place:                                                                                                                   Yours faithfully,
Date:                                                  
                            Representation model -3
For officials promoted to MACP II between 01.01.2016 and 25.07.2016
Switched over to revised pay on their date of promotion
  From
           
To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f.     (Date of promotion)
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of next increment on 01.07.2016.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. 01.07.2016.

                Revised pay may be fixed on VII CPC pay structure w.e.f. 01.07.2016 I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
Thanking you Sir,
                                                                                                                           
Place:                                                                                                                   Yours faithfully,
Date:                                                                                                  
     Note: The officials promoted between 01.07.2016 to 25.07.2016 should opt for switch over to revised pay on the date of promotion                                                           



Click Here to view the Directorate Order copy


Thanks to 

Shri. R.Hariharakrishnan
Manager, PSD,
Tirunelveli 627002, TN

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MACP Bench Mark – High Court of Delhi Circular

MACP Bench Mark – High Court of Delhi Circular

MACP

HIGH COURT OF DELHI
(Establishment-1 Branch)

No.107/E-9/Estt.-1/DHC
Date:27.01.2018

CIRCULAR

        In partial modification of Circular No.60B/E-10/Estt-1/DHC dated 17.08.2017, it is hereby circulated for information of all concerned that O.M, F.No.35034/3/2015-Estt.(D) dated 27/28.09.2016, issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personal & Training, New Delhi, regarding upgradation of benchmark from “Good” under the Modified Assured Career Progression Scheme (MACPS), is applicable w.e.f. 1st January, 2018. The required grading of “Very Good” will be applicable only in respect of ACRs from the current year, i.e. 2017 onwards. For earlier years of “Good” upto the grade pay of Rs.6500/-(pre-revised) will be treated as qualifying/ eligibility criteria for the benefit under the MACP Scheme.

sd/-
(Shekhar Chandra)
Joint Registar (Estt.)
Date:27.01.2018


Endst. No.2623-33/E-9/Estt-1/DHC

Copy forwarded for Information to:
1.The Pay& Accounts Officer-XX1. Delhi High Court, New Delhi
2.All Reqistars/OSDs
3.Joint Registrar-cum-Secretary to Hon’ble the Acting Chief Justice.
4.All Joint Registres.
5.Deputy Registrar-cum-P.A to Registrar General
6.All Deputy Registrars
7.The Deputy Registar (Budget & Accounts).
8.Joint Director for uploading the instant Circular on the intranet of this Court.
9.All Assitant Registrars.
10.All AOJs/CMs/ Private Secretaries
11.Admin. Order file
12.Guard file.

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Representation models for revision of option for officials promoted to MACP in various date

image search result for Model Representation

Dear viewers,
Representation models for revision of option for officials promoted to MACP in various date is given below for for your convenience. It is requested to give correct option and avail the benefits

Representation model -1
For officials promoted to MACP II after 25.07.2016
From
           


To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f. 01.01.2016.
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of subsequent increment on 01.07.2018.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. Date (Ex. 01.07.2016/01.07.2017/01.07.2018)

       Revised pay may be fixed on VII CPC pay structure w.e.f. (Ex. 01.07.2016/01.07.2017/01.07.2018). I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
                                                 
                                                    Thanking you Sir,                                     
                                                                                                                           
Place:                                                                                                                   Yours faithfully,

Date:                                                                                                  

Representation model -2
For officials promoted to MACP II between 01.01.2016 and 25.07.2016
Switched over to revised pay on 01.01.2016

  From
           


To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f. 01.01.2016.
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of next increment on 01.07.2016.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. 01.07.2016.

                Revised pay may be fixed on VII CPC pay structure w.e.f. 01.07.2016 I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
                                                  
                                                    Thanking you Sir,                                     
                                                                                                                           
Place:                                                                                                                   Yours faithfully,

Date:                                                  


                            Representation model -3
For officials promoted to MACP II between 01.01.2016 and 25.07.2016
Switched over to revised pay on their date of promotion

  From
           


To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f.     (Date of promotion)
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of next increment on 01.07.2016.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. 01.07.2016.

                Revised pay may be fixed on VII CPC pay structure w.e.f. 01.07.2016 I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
Thanking you Sir,
                                                                                                                           
Place:                                                                                                                   Yours faithfully,

Date:                                                                                                  




Note: The officials promoted between 01.07.2016 to 25.07.2016 should opt for switch over to revised pay on the date of promotion 





Thanks to 

Shri. R.Hariharakrishnan
Manager, PSD,
Tirunelveli 627002, TN
Source : – Potools