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:
Sub: – Meeting of the Joint Committee on MACPS Anomalies.
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
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:
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
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:
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:
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.
Problems faced in the identical Grade Pay:
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:
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:
Stepping up of Pay of Senior incumbents at par with Junior incumbents as a consequence of ACP/MACPS:
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:
Modification of recruitment rules particularly in Railways and upgradation granted by abolition of Pay scale – Implementation of MACPS:
Placement of staff as a result of upgradation of posts:
Applicability of MACPS to Group ‘D’ employees who have been placed in the Grade Pay of Rs.1800(PB-I)
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
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.
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.
AIRF conclusion :
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.
|Meeting of Joint Committee on MACP Page-1|
|Meeting of Joint Committee on MACP Page-2|
|Meeting of Joint Committee on MACP Page-3|