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Minutes/Outcome/Feedback: Meeting of the Joint Committee on MACPs Anomalies

NFIR. AIRF and Confederation has published the outcome of meeting of the Joint Committee on Modified Assured Career Progression Anomalies held on 17-07-2012.  Discussion and outcome of the meeting are given below,
sorry for the previous post in which published about postponement of the said meeting:

NFIR :
Sub: – Meeting of the Joint Committee on MACPS Anomalies.
        As decided in the National Anomaly Committee Meeting held on 17/07/2012,the Dop&T held separate meeting with the Leaders of Staff Side at North Block, New Delhi, Room No.190 on 27/07/2012. Shri M.Raghavaiah, General Secretary, NFIR has participated in the meeting.

Confederation:

MACP JOINT COMMITTEE MEETING AND DECISIONS.
                The joint Committee set up by the National Anomaly Committee to consider the MACP related issues met on 27th July, 2012.  The Staff Side was represented at the meeting by the following comrades:
Com. M. Raghaviah
Com. Umraomal Purohit
Com. S.K. Vyas
Com. C. Srikumar
Com. K.K.N. Kutty
Com. Shivgopal Misra
Com. Bhosle

AIRF Shri.Umaromal Purobit (Secretary) Staff Side National Council / JCM and Shri.Shiva Gopal Mishra (General Secretary AIRF and Member of National Council / JCM) were participated in the meeting on behalf of AIRF.

The report prepared by the sub-committee after three rounds of discussions was reviewed at the meeting.  The points that came up for discussion and the decisions taken are as under:
Discussions were held on the following  issues:-

Grant of MACP in the promotional hierarchy: 
NFIR: The Staff Side (NFIR) insisted that option be given to individual employee in this regard to facilitate him/her to opt for availing benefit of financial upgradation.  After discussion it was agreed to examine in depth for finding solution
Confederation: The Staff Side pointed out that the ACP which was in vogue till the advent of MACP had been on promotional hierarchy.  In the name of improvement of the scheme, the Government cannot unilaterally change it, especially when the concerned employees do not consider it as advantageous.  They suggested that the employees must be allowed to retain the ACP for the first two promotions and for the third promotion MACP can be extended.  However, the Official Side said that it would not be possible to have any hybrid scheme.  In fact, they added that the 6th CPC had suggested for two career progressions only and that too on grade pay hierarchy.  The govt. had improved upon and therefore it was not possible for them to agree for the suggestion of the Staff Side.  They also stated that the reason for bringing about grade pay hierarchy was to bring about uniformity in the scheme across the Departments as the promotional hierarchy varies from one department to another.  They declined to consider the suggestion for promotional hierarchy based MACP.
The Staff Side then pointed that in the last meeting of the Committee, the Official Side taking into account the difficulties and disadvantages experienced by the employees in many departments which were presented by the Staff Side had agreed to consider department wise/cadre wise options.  The Staff Side further pointed out that the suggestion of the Official Side would not go to resolve the issue.  They said that option must be provide for each individual employee to choose either the ACP or MACP whichever is beneficial to him as is provided in the CCS(RP) Rules.  The unilateral withdrawal of a benefit from an employee is not permissible.  They also stated that the Official Side has not pointed out the difficulties in agreeing to this proposal.  After some discussions, the Official Side said that they would re-examine the issue of individual option and will come up with their considered view at the next meeting of the NAC.
AIRF : It was insisted by the AIRF that the Grade Pay of Rs.2000, which is not available in the AVC of the Technicians, Ministerial Staff, Commercial and other cadres of the Railways, should be abolished because it is affecting adversely lakhs of employees.
AIRF further insisted that the promotional hierarchy in the MACP should be given according to promotional hierarchy not in the hierarchy of grade pay. After prolonged discussions it was agreed that the option for individual employees will be examined, so that individual could opt ACP / MACP, whichever is beneficial to them.

Date of effect of MACP Scheme 
NFIR: The desirability of giving effect to the MACP Scheme w.e.f. 01/01/2006 will be examined.
Confederation: The Staff Side pointed out that the date of effect of MACP Scheme must be from 1.1.2006.  The analogy of the 5th CPC has no application as ACP was introduced after discussion with the Staff Side on a later date.  Since the Government issued the orders of the 6th CPC and the acceptance of the MACP with modification almost simultaneously, it should have been made effective from 1.1.2006.  They also pointed out that the MACP is not an allowance to be made application from 1.9.2008.  The Official Side pointed out that the benefit emanating from the MACP i.e. the third promotion was applicable to all existing employees who were in service after 1.9.2008.  The Staff Side demanded that the benefit has been denied to those who retired between 1.1.2006 and 30.8.2008.  The Official Side agreed to consider application of the new MACP with effect from 1.1.2006 for those who retired/died between 1.1.2006 and 30.8.2008.
AIRF : On the persistent demands of AIRF, it has been agreed that the admissibility of giving effect w.e.f. 1.1.2006 will be examined.


Counting of total temporary status Casual Labour service for reckoning 10/20/30 years under MACP Scheme: 
NFIR: Official Side stated that this will be processed separately.
Confederation: In the light of the discussion at the meeting, the Official Side agreed to examine the matter.
AIRF : AIRF demanded that instead of counting 50% of service rendered by the Temporary Status Casual Labourers, 100% should be reckoned for 10, 20 and 30 years MACPS. As we have also demanded earlier in the meeting of the NC/JCM, it was agreed to examine it separately.

Treatment of employees selected under LDCE/GDCE Scheme: 
NFIR: In the light of the instructions issued when the ACP Scheme was introduced,the same policy be adopted and accordingly orders will be issued.In other words,those inducted through LDCE/GDCE Scheme, such induction may be counted as appointment and will not be reckoned as promotion.
Confederation:  The Official Side agreed to issue orders on the same lines as has been issued under the ACP Scheme.  The Staff Side stated that wherever examination is the criterion for promotion/fast track promotion, the service rendered by such employees in the lower post must be ignored and such promotion should be treated as appointment and the promotion scheme to commence from the date of such appointment.  This was not agreed to by the official side on the plea that such appointments are against promotion quota and therefore, they are to be considered as promotion only.  The Staff Side them pointed out that this issue had been the subject matter of judicial consideration before the Tribunal and the Tribunal has given the decision in favour of the employees.  The Official Side wanted a copy of the judgement to react to this.
AIRF :AIRF pointed out that the employees promoted under LDCE/GDCE Scheme have been considered in the ACP Scheme. It was agreed that, if they have been considered under the ACP, there is no reason not to allow them MACP and, therefore, they will also be considered under MACPS.

Problems faced in the identical Grade Pay:
NFIR: It was agreed to issue instructions for granting additional increment for fixation of Pay in case of promotion to the same Grade Pay. Instructions in this regard will be issued to Ministry of Railways etc.
AIRF : It was stated by the Official Side that, in many cases one increment has been granted. The issue of Loco Pilots will be resolved within a fortnight.
Financial Upgradation under MACPS, in the case of staff who joined another Unit/Organisation on request:
NFIR: The Staff Side (NFIR) has pointed out that OM dated 01/11/2010 should be suitably amended covering the staff who were transferred on request on reversion to the Unit/Organisation so that the total service rendered in the previous Unit/Organisation may be counted for MACPS. It was agreed to consider. 
Confederation:  It was agreed at  the last meeting that the services rendered in another recruiting unit/organization will be taken into account for counting service for promotion under MACP.  The Staff Side however, pointed out that in many cases, the employees are compelled to seek reversion in order to be transferred to another recruiting unit.  In their case, the promotion so earned at the present recruiting unit and which have been foregone is being counted as one promotion under MACP.  The Official Side agreed to look into this matter and issue necessary  clarificatory orders. 
AIRF : Orders for giving them full benefit of financial upgradation have already been issued vide DoP&T’s O.M. dated 1st November, 2010. On the demand of AIRF, it was agreed to issue a Clarificatory Note that even the employees joined on reversion, their past period will also be counted for 10, 20 and 30 years MACP benefit.

Extension of benefit of MACPS to an employee appointed in Grade where direct recruitment element is there while ignoring service and promotion rendered prior to his appointment in that post:
NFIR:  & AIRF : Official Side reiterated that suitable clarification No. 5 of OM dated 09/09/2010 was already issued.staff side stated that this will be checked up.
Stepping up of Pay of Senior incumbents at par with Junior incumbents as a consequence of ACP/MACPS:
NFIR: Staff Side (NFIR) has explained the case of gross injustice done, more particularly in the Accounts Department of Indian Railways wherein the incumbents who cleared the Appendix examination are drawing less pay than those who could not qualify the said examination and got the benefit of MACPS. The staff side (NFIR) insisted that this situation is leading to de-motivation among the qualified staff and urged for rectifying the anomalies is. It was agreed to consider and Ministry of Railways advised to send the proposal.
Confederation:  The Official Side stated that in the light of the judgments delivered in the matter they will have the case looked into and necessary instructions issued.  They also stated that certain instructions in the matter has already been issued, copy of which will be made available to the Staff Side. 
AIRF : While raising this issue, AIRF stated that, on the Indian Railways, in the Accounts Department seniors are drawing less pay than the juniors, particularly those who have cleared Appendix examination. On the insistence of AIRF, EDPC-I, Railway Board, who was present in the meeting, explained the issue. The JS(P) as well as JS(Estt.) agreed with the views of AIRF and asked the Ministry of Railways to immediately send a reference, and agreed that this will be considered positively.

Employees who got one promotion prior to 01/09/2008 and completed over two decades of service without benefit of promotion and are denied third ACP under MACPS:
NFIR: After discussion Official Side agreed that this is a peculiar situation and assured to take action for remedying the situation. The Staff Side (NFIR) has insisted that in such cases third ACP should be straight away given to the staff from the date subsequent to the date of completion of two decades of service after first promotion. Official Side appreciated the logic and reasonableness and agreed to consider.
AIRF : The Official Side agreed to examine the matter.

Modification of recruitment rules particularly in Railways and upgradation granted by abolition of Pay scale – Implementation of MACPS:
NFIR: The Staff Side (NFIR) explained that in the Railways the lower Pay Scales were abolished and posts were upgraded to the higher Pay Scales with revision of recruitment qualification and designation. In such cases the Staff Side insisted that entry Grade Pay as a result of upgradation subsequent to abolition of lower Pay Scales should be taken into consideration for reckoning 10/20/30 years of service for granting MACP Official Side has agreed to obtain details from Ministry of Railways for issuing appropriate clarification. In the mean while,Railway Board will have discussion with the Staff Side separately so that appropriate proposal could be sent to the DoP&T.
Placement of staff as a result of upgradation of posts: 
NFIR: The Staff Side (NFIR) insisted that such placements should not be considered as promotion for the purpose of grant of financial upgradation under MACP Scheme. Official Side stated that this will be examined.

Applicability of MACPS to Group ‘D’ employees who have been placed in the Grade Pay of Rs.1800(PB-I) 

AIRF : Clarificatory instructions have already been issued by the DoP&T vide their O.M.35034/03/2008-Estt.(D) dated 09.09.2012.






Grant of financial upgradation under old ACP Scheme between 1.1.2006 and 31.8.2008 


AIRF : This is issue of non-implementation and will be pursued for the implementation.



Counting of services rendered prior to re-appointment for the purpose of MACP 


AIRF : Has already been agreed. Treating that as technical re-designation, past service shall be counted for the purpose of MACP benefits.



Accounting of services rendered before Removal/Dismissal from service and subsequent reinstatement in service for the purpose of MACP Scheme 

AIRF :Are covered under the Provision of CCS(CCA) Rules, 1965.

Counting of service rendered in State Govt/PSUs etc. 

AIRF :Not agreed.

Regulation of Probation/Training Period under MACPS 

AIRF :Where training/probation period is counted for promotion, the period will also be counted for MACPS.

Application of MACPS to the surplus staff re-deployed to lower posts in other Cadres/Organizations 

AIRF :Regular service rendered by the surplus staff in previous organization shall be counted towards regular service in the new organization for the purpose of MACP benefits.

The bench mark question for promotion under MACP.  

Confederation The Official Side agreed to issue a clarificatory order stating that if the promotion is on seniority cum fitness basis, MACP will also be on seniority cum fitness basis.


AIRF :Clarificatory orders will be issued.




NFIR conclusion: 
        In the course of discussion the Official Side also stated that MACP Scheme should be a fall-back option and the Ministries should conduct Cadre Restructuring for ensuring that the staff could be promoted within the reasonable time i.e. within 10 years. When the Staff Side pointed out that the Ministry of Railways is citing the instructions of Ministry of Finance issued some years back that only one third of the Cadre could be disturbed,for revising the percentages the Official Side clarified that necessary clarificatory instructions will be issued to the Ministry of Railways etc.,so that the Cadre Restructuring can be done without problems.

Confederation’s conclusion:  

          There had been no discussions on other points incorporated in the report.  The stand taken by the Official side in those matters remains unchanged.  You may kindly access the report from the website of the Department of Personnel along with the relevant orders.

AIRF conclusion :

         The issue of modification of recruitment rules, particularly in the Railways and upgradation granted by abolition of pay scale – Implementation of MACPS was also raised. The Staff Sided demanded that looking abolition of pay scales, MACPS benefits should be extended to the employees. The Official Side agreed to collect necessary details from the Ministry of Railways.

Before sending an appropriate proposal to DoP&T, Railway Board will have a discussion with the Staff Side on this issue.
The Staff Side also insisted that the “Placement” should not be treated as “Promotion” for the purpose of granting financial upgradation under MACP Scheme. The Official Side has agreed to examine the matter.

Source: http://confederationhq.blogspot.in/2012/07/macp-anomaly-committee-meeting.html
http://www.airfindia.com/AIRF%202012/Feedback%20MACP%20meeting_27.07.2012.pdf

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COMMENTS

WORDPRESS: 6
  • Vidyaharan Sankaralinganadar 11 years ago

    Regarding APPLICATION OF MACPS TO THE SURPLUS STAFF RE-DEPLOYED TO LOWER POSTS clarification is not given for protecting their pay.

  • Anonymous 12 years ago

    10 years of MACP is too lengthy.we should fight to reduce the duration from 10 years to 8 years. working in the same scale for continuously 10 years is not justice for Central Govt Employees.If we see the Cadre the promotional avenues are brighter.

    • Anonymous 11 years ago

      It is a very justified suggestion our unions and govt should think and consider the same for the benefit of every central govt employee.

  • Anonymous 12 years ago

    What is the hitch, what is that thing which stops JCM leaders to get our issues setteled. Who and what conditions comopell them to surrender proud of workers. if they can not raise the voice they must resign. Let some new honest leaders may lead and fight on belhalf of workers.

  • Anonymous 12 years ago

    Oh!God….!
    Where are you?

    Please give some "SADBUDHDHI" to all the JCM leaders to project the most burning problem of all the CG Employees in the meetigs effectively and get it solved quickly.

    Why don't they understand that it is already Aug 2012. Sixth year is getting completed after implementation of VI CPC. Still we are all in such a Pathetic condition. See the prices outside.What they have achieved in the meetigs of 17th and 27th July?

    Oh! God! Please grant "SADBUDHDHI" to all those JCM leaders and tell them to sincerely Try to Solve the problems quickly instead of dragging them years together.

  • Anonymous 12 years ago

    Thanks God , that at least some thing has been discussed with zero outcome ( all problems were agreed to examine in depth for finding solution before next pay commission ).