Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent

No.1(20)/2017/D(Pay/Services)
Ministry of Defence
D(Pay/Services)

Sena Bhawan, New Delhi
Dated 30th April, 2019

Subject: Availability of option for fixation of pay on Modified Assured Career Progression Scheme (MACPS) from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in Context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy pay Regulations 2017 in respect of ICOs/ORs and equivalent.

The undersigned is directed to refer to MOD OMs of even number dated 22.03.2018 and 26.02.2019 on the issue of availability of option for fixation of pay on promotion from the date of next increment (DNI) in the lower post and method of pay fixation from DNI, if opted for, in context of Army Pay Rules 2017. Air Force pay Rules 2017 and Navy Pay Regulations 2017 and to say that the aforesaid OMs dated 22.03.2018 and 26.02.2019 will be applicable in the cases of pay fixation on grant of MACP also in respect of ICOs/ORs and equivalent.

2. This issues with the concurrence of Defcnce (Finance) vide their I.D. No.
dated 29.0,1.2019.

Yours faithfully
sd/-(Arun Kumar)
Under Secretary to the Govt. of India

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Clarification on applicability of “Very Good” benchmark for financial upgradation under MACPS – Department of Posts

No.7-8/2016-PCC (Pt.)
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi – 110001
Dated: 13.03.2019

To
All Chief Postmasters General/Postmasters General.

Sub : Clarification on applicability of “Very Good” benchmark for financial upgradation under MACPS and consideration of “Good” benchmark for the previous years before 25.07.2016.

This office is in receipt of large number of references consequent upon the clarification issued vide DG Posts’ letter of even number dated 02.07.2018 on the above mentioned subject, regarding allowing opportunity of making representation against ‘good’ benchmark and relaxation of benchmark for MACPS.

2. In this context, it is reiterated that opportunity of making representation against the APAR which are post 2009 cannot be given as it is already disclosed to the employees in APAR process.

3. Further, the benchmark for the purpose of financial upgradation under MACP was enhanced from ‘good’ to ‘very good’ w.e.f. 25.07.2016 i.e prior to 25.07.2016 the benchmark was ‘good’ for MACPS. As such, the ‘good’ grading of APAPRs for the period prior to 25.07.2016 may be considered for financial upgradation under MACPS. However, the “very good” benchmark applicable w.e.f. 25.07.2016 cannot be relaxed for MACPS.

4. All concerned may be informed accordingly.

sd/-
(S.B.Vyavahare)
Assistant Director General (GDS/PCC)

Source: Confederation

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MACP Guidance as per Recommendations of the 7th CPC

Directorate General
Sashastra Seema Bal
East Block-V, R.K. Puram
New Delhi 110066

No.1/Org/MACP/2018(186)/117

Dated: 10th January, 2019

Office Memorandum

This is in reference to DoP&T OM F. No. 35034/3/2015-Estt.(D) dated 27/28.09.2016 regarding enhancement of Benchmark for financial up‑gradation under MACP Scheme as per recommendations of the 7th CPC accepted by the Government.

Of late, field units have been seeking clarification regarding the applicability of benchmark ‘Very Good’ for considering financial up-gradation under MACP Scheme. The matter has been examined at FHQ and the following clarifications are issued for compliance by all concerned:-

(i) For grant of financial up-gradation under the MACPS, the prescribed benchmark would he ‘Very Good’ for all the posts w.e.f. 25.07.2016.

(ii) APAR grading ‘Good’ for the period prior to 25.07.2016 i.e. the date from which the new Benchmark made applicable, may be treated as ‘Very Good’ while considering such cases by the Screening Committee/BOO.

(iii) There should be at least three ‘Very Good’ grading and other two not below ‘Good’ grading out of last five ACRs/APARs considering point (i) & (ii) in view for arriving at the prescribed Benchmark ‘Very Good’. Some illustrations are given in the enclosed Annexure-A for guidance.

Encl:-As above.

sd/-
(Rakesh Kumar)
Commandant(Org)

Source: Confederation

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“Not feasible to extend the benefits of MACP during 01.01.2006 to 31.08.2008, as more than nine years of time has passed since the implementation of MACP”

Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees

F.No.A-26017/166/2018-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

North Block, New Delhi
Dated the 9th January, 2019

To
All Cadre Controlling Authorities under CBIC

Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees -regarding

Madam / Sir,
The Modified Assured Career Progression Scheme (MACP) for the Central Government Civilian Employees was introduced on the recommendation of the 6th Central Pay Commission vide Department of Personnel and Training (DoP&T) OM No.35034/3/2008-Estt(D) dated 19.05.2009 w.e.f. 01.09.2008.

2.The Board has been receiving a number of references from individuals/ Commissionerates /CBN, CBIC, seeking clarification on the applicability of the judgement dated 08.12.2017 of the Hon’ble Supreme Court in Civil Appeal Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh Turn & Anr. on grant of MACP from 01.01.2006 instead of 01.09.2008.

3.DoP&T is the nodal Department for regulation of MACP Scheme. The matter has been examined in the Board in consultation with DoP&T. DoP&T has, inter alia, observed that: –

The Order dated 08.12.2017 of the Hon’ble Supreme Court in Civil Appeal Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh Turn & Anr is in the context of MACP Scheme issued by Ministry of Defence (MoD) with regard to Personnel below Officer Rank (PBOR) and hence the order of Hon’ble Apex Court is directly not applicable to the MACP Scheme issued by DoP&T for civilian employees. Therefore, request for grant of MACP benefits w.e.f. 01.01.2006 may not be agreed to on the following grounds: –

(i) The VI Pay Commission recommended separate Schemes for civilian and the Defence Personnel. After the recommendations were considered and approved by the Cabinet, D/o Expenditure issued Resolution dated 29.08.2008 in respect of civilian employees. M/o Defence issued resolution dated 30.08.2008 regarding extension of VI CPC benefits to Armed Forces Personnel. Thus, the Civilian and the PBOR personnel are governed by two different Resolutions.

(ii) The recommendations of the 6th CPC were accepted by the Government only on 29.08.2008 (30.08.2008 in case of PBOR). The recommendations of the 66 CPC were required to be examined and a scheme was to be formulated in consultation with Department of Expenditure and the same took considerable time for its implementation. Before implementation of the Scheme, a cut off date had to be decided/fixed. Accordingly, the Government has taken a conscious decision for implementing the MACPS w.e.f. 01.09.2008. Though the MACPS came into existence only w.e.f. 01.09.2008, the benefits of the existing ACP Scheme of August, 1999, was allowed to the Government servants upto 31.08.2008.

(iii) Changing the effective date of implementation of MACP from 01.09.2008 to 01.01.2006 may be beneficial to certain employees, but this would also place certain other employees at a disadvantage thereby entailing huge recoveries from them. It may be difficult to make recoveries from the employees who have availed higher financial benefit under ACP during 01.01.2006 to 31.08.2008 and retired from service.

(iv) The MACP is a condition of service and, hence, cannot be given retrospective effect. It is upto Government to take a conscious decision to implement it uniformly from a certain date.

(v) It is not feasible to extend the benefits of MACP during 01.01.2006 to 31.08.2008, as more than nine years of time has passed since the implementation of MACP and the issues have been settled as per extant instructions. The change of effective date will lead to surge of litigation particularly from employees who availed the benefits of ACP scheme during 01.01.2006 to 31.08.2008.

(vi) Vide Order dated 14.02.2017, Hon’ble High Court of Judicature at Madras in Writ petition Nos. 33946, 34602 and 27798 of 2014 has held that the benefit of erstwhile ACP Scheme cannot be negated by bringing a new Scheme i.e. MACP Scheme with retrospective effect.

4.Based on the above, you are requested to take appropriate action on the references received on this issue.

5.This issues with the approval of Competent Authority.

Yours faithfully,

(M.K.Gupta)
Under Secretary to the Government of India

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No. 22034/04/2013-Estt.(D)
Government of India
Ministry of Personnel Public Grievance & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 17.05.2016

Office Memorandum

Subject :- References/Representations/Court Cases in various Ministries / Departments / Organisations for grant of MACPS benefits in the promotional hierarchy – reg.

In continuation of Department of Personnel Training’s earlier O.M. of even no. dated 20.01.2016 and dated 01.03.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision dated 28.04.2016 of Hon’ble CAT, Calcutta Bench in OA No. 351/00195/2014 filed by Shri S.H.K. Murti & Others Vs. UOI &Ors whereby the demand of the applicant for MACP in promotional hierarchy has been dismissed, for necessary action and compliance. The Hon’ble Tribunal in the aforesaid decision dated 28.04.2016 has held that the MACP benefit would be given in the hierarchy of next higher Grade Pay and not in Grade Pay of promotional hierarchy which will be payable on actual promotion.

2. All Ministries/Departments are requested to upload it on their websites for wider publicity.

sd/-
(G. Jayanthi)
Director (E-I)

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