MACP ON PROMOTIONAL HIERARCHY
Representation to DoPT
Dear friends,
National
Anomaly Committee had identified that the grade pay hierarchy implemented in
the MACP scheme in comparison to the previous ACP scheme created anomaly. But
the Government of India had not rectified the anomaly despite of repeated
requests by the staff Side and as such the affected person/ Associations had to
approach the court for justice. Hon’ble Supreme Court of India in its judgment
dated 05.03.2020 in M.V. Mohanan Nair Vs
Union of India and connected cases had accepted that there is anomaly in
MACP scheme in certain pay scales and the DoPT has been directed to rectify the
same.
Since
the DoPT had not made any serious efforts to rectify the anomaly of MACP scheme
in view of the findings of the National Anomaly Committee, employees/Associations
had to approach the court. Thus any positive and immediate action from DoPT
cannot be expected. In order to expedite
action at DoPT level, affected Associations/Individuals can write to the DoPT. We,
in consultation with our lawyers, have drafted a letter in this connection
which is given below. All affected Association/Individuals may be sent their
representation to DoPT. Necessary correction in the letter can be made according
the nature/cadre of the Association.
-Steering Committee
(By
Associations)
From
: ___________________ Association,
_____________________________
_____________________________
_____________________________
To : The Secretary,
Ministry
of Personnel, Public Grievances and Pensions,
(Department of Personnel and Training),
North Block,
New Delhi – 110 001.
REQUEST FOR SETTLEMENT OF
ANOMALIES IN MACP SCHEME
AS DIRECTED BY HON’BLE
SUPREME COURT OF INDIA
Respected Sir,
1. This representation is submitted as per
the observation made by the Hon’ble Supreme Court of India in the judgment
dated 05.03.2020 in M.V. Mohanan Nair Vs
Union of India (C.A No. 2016 of 2020) and connected cases, that the Union
of India and DOP&T to consider the anomalies in implementation of the
Modified Assured Career Progression Scheme (MACP Scheme), which are noted in
the said judgment and to take decision in accordance with law.
2. Since introduction of Modified Assured
Career Progression Scheme for the central government employees vide your HQ
letter No.35034/3/2008-Estt (D) dated 19 May 2009, this association alongwith
other associations have been strenuously demanding for the rectification of
anomalies therein.
3. Though the govt has constituted a
committee to resolve the anomalies, no efficacious decision was taken by the
anomaly committee, despite the fact that the committee
was convinced about the anomalies. Hence certain employees and staff
associations have approached various high courts all over India and got
favourable judgments stating that the MACP to be granted in the promotional
hierarchy instead of hierarchy of grade pays envisaged in the MACP scheme.
4. Union of India has challenged these
judgments of high courts by filing SLP (C) No. 21803 of 2014 and other
connected SLPs. During deliberations, the apex court has admitted that there
are anomalies in MACP scheme. However, the court relegated the matter to Union
of India and DOP&T to resolve the anomalies. Copy of judgment in SLP (C)
No. 21803 of 2014 is enclosed herewith for your kind perusal please.
5. MACP scheme is less advantageous to the
employees as compared to ACP scheme. Following illustrations will reveal the
vast variation between the ACP beneficiaries and MACP beneficiaries:-
(A) Junior Engineer enrolled in service
with grade pay of Rs.4200/-
Grade Pay at stages
|
ACP
Scheme
|
MACP
Scheme
|
Remarks
|
Grade Pay on appointment
|
Rs.4200/-
|
(i) Total benefit in ACP Scheme
7600-4200=3400/-
(ii) Total benefit in MACP Scheme
5400-4200=1200/-
|
|
1stUpgradation
|
Rs.4600/-
|
Rs.4600/-
|
|
2ndUpgradation
|
Rs.6600/-
|
Rs.4800/-
|
|
3rdUpgradation
|
Rs.7600/-**
|
Rs.5400/-
|
|
** Note : MACP scheme
caters a 3rdupgradation to those who are already in receipt of 2ndupgradation
under ACP scheme.
(B) LDC enrolled in service with grade pay
of Rs.1900/-
Grade Pay at stages
|
ACP
Scheme
|
MACP
Scheme
|
Remarks
|
Grade Pay on appointment
|
Rs.1900/-
|
(i) Total benefit in ACP Scheme
4600-1900=2700/-
(ii) Total benefit in MACP Scheme
2800-1900=900/-
|
|
1stUpgradation
|
Rs.2400/-
|
Rs.2000/-
|
|
2ndUpgradation
|
Rs.4200/-
|
Rs.2400/-
|
|
3rdUpgradation
|
Rs.4600/-**
|
Rs.2800/-
|
|
** Note : MACP scheme
caters a 3rdupgradation to those who are already in receipt of 2ndupgradation
under ACP scheme.
(C) MTS enrolled in service with grade pay
of Rs.1800/-
Grade Pay at stages
|
ACP
Scheme
|
MACP
Scheme
|
Remarks
|
Grade Pay on appointment
|
Rs.1800/-
|
(i) Total benefit in ACP Scheme
2800-1800=1000/-
(ii) Total benefit in MACP Scheme
2400-1800=600/-
|
|
1stUpgradation
|
Rs.1900/-
|
Rs.1900/-
|
|
2ndUpgradation
|
Rs.2400/-
|
Rs.2000/-
|
|
3rdUpgradation
|
Rs.2800/-**
|
Rs.2400/-
|
|
** Note : MACP scheme
caters a 3rdupgradation to those who are already in receipt of 2ndupgradation
under ACP scheme.
6. The following chart shows certain
hierarchical grade pays recommended by the 6th CPC and implemented
by the govt:-
Sr. No.
|
Grade Pay
|
Difference between Consecutive
Grade Pays
|
(i)
|
2800
|
Rs. 1400
|
4200
|
||
(ii)
|
4200
|
Rs. 400
|
4600
|
||
(iii)
|
4600
|
Rs. 200
|
4800
|
||
(iv)
|
4800
|
Rs. 600
|
5400
|
7. It could be seen from the above that
MACP scheme is highly detrimental to most of the employees. It may be
specifically noted that financial upgradation given at each stage is less than
an yearly increment, which not at all compensates the agony of acute stagnation
prevailing in the central service. Most of the employees are either retiring
without earning even a single promotion or with only one promotion at the fag
end of their service. The wide variation at each stage in ACP and MACP schemes
may be noted specifically.
8. The
comparative study made above axiomatically prove that the 6th CPC,
though said to be an expert body, has not applied proper mind while modifying
the ACP scheme, ipso facto, the MACP scheme became totally unscientific and
highly detrimental to the employees. Owing to these wide variations in
benefits, MACP scheme discriminates employees with reference to those who have
got benefits under earlier ACP scheme and still serving together. This
disparity is totally against the equality enshrined in the Articles 14 & 16
of the Constitution of India. Employees governed by MACP scheme are highly
demoralised, which ultimately adversely affects the efficacious functioning of
govt machinery. Hence it is inevitable
to follow a uniform scheme for all the employees.
9. In view of the facts enunciated above,
it is earnestly requested to wipe out the anomalies in the MACP scheme. As the
employees are succumbed to this oppression for more than a decade, an early
favourable decision in the matter is solicited please.
Thanking you,
Yours
faithfully,
(General
Secretary)
: ___________
Association.
(For
Individuals)
From
: _____________________________
_____________________________
_____________________________
_____________________________
To : The Ministry of Personnel, Public
Grievances and Pensions,
(Department of Personnel and
Training),
North Block,
New Delhi – 110 001. (Through Proper Channel)
REQUEST FOR SETTLEMENT OF
ANOMALIES IN MACP SCHEME
AS DIRECTED BY HON’BLE
SUPREME COURT OF INDIA
Respected Sir,
1. This representation is submitted as per
the observation made by the Hon’ble Supreme Court of India in the judgment
dated 05.03.2020 in M.V. Mohanan Nair Vs
Union of India (C.A No. 2016 of 2020) and connected cases, that the Union
of India and DOP&T to consider the anomalies in implementation of the
Modified Assured Career Progression Scheme (MACP Scheme), which are noted in
the said judgment and to take decision in accordance with law.
2. Since introduction of Modified Assured
Career Progression Scheme for the central government employees vide your HQ
letter No.35034/3/2008-Estt (D) dated 19 May 2009, the central govt employees
have been strenuously demanding for the rectification of anomalies therein.
3. Though the govt has constituted a
committee to resolve the anomalies, no efficacious decision was taken by the
anomaly committee, despite the fact that the committee
was convinced about the anomalies. Hence certain employees and staff
associations have approached various high courts all over India and got
favourable judgments stating that the MACP to be granted in the promotional
hierarchy instead of hierarchy of grade pays envisaged in the MACP scheme.
4. Union of India has challenged these
judgments of high courts by filing SLP (C) No. 21803 of 2014 and other
connected SLPs. During deliberations, the apex court has admitted that there
are anomalies in MACP scheme. However, the court relegated the matter to Union
of India and DOP&T to resolve the anomalies. Copy of judgment in SLP (C)
No. 21803 of 2014 being voluminous containing 46 pages, is not enclosed
herewith, which may kindly be perused from the web portal of Hon’ble Supreme
Court of India.
5. MACP scheme is less advantageous to the
employees as compared to ACP scheme. Following illustrations will reveal the
vast variation between the ACP beneficiaries and MACP beneficiaries:-
(A) Junior Engineer enrolled in service
with grade pay of Rs.4200/-
Grade Pay at stages
|
ACP
Scheme
|
MACP
Scheme
|
Remarks
|
Grade Pay on appointment
|
Rs.4200/-
|
(i) Total benefit in ACP Scheme
7600-4200=3400/-
(ii) Total benefit in MACP Scheme
5400-4200=1200/-
|
|
1stUpgradation
|
Rs.4600/-
|
Rs.4600/-
|
|
2ndUpgradation
|
Rs.6600/-
|
Rs.4800/-
|
|
3rdUpgradation
|
Rs.7600/-**
|
Rs.5400/-
|
|
** Note : MACP scheme
caters a 3rdupgradation to those who are already in receipt of 2ndupgradation
under ACP scheme.
Grade Pay at stages
|
ACP
Scheme
|
MACP
Scheme
|
Remarks
|
Grade Pay on appointment
|
Rs.1900/-
|
(i) Total benefit in ACP Scheme
4600-1900=2700/-
(ii) Total benefit in MACP Scheme
2800-1900=900/-
|
|
1stUpgradation
|
Rs.2400/-
|
Rs.2000/-
|
|
2ndUpgradation
|
Rs.4200/-
|
Rs.2400/-
|
|
3rdUpgradation
|
Rs.4600/-**
|
Rs.2800/-
|
|
** Note : MACP scheme
caters a 3rdupgradation to those who are already in receipt of 2ndupgradation
under ACP scheme.
(C) MTS
enrolled in service with grade pay of Rs.1800/-
Grade Pay at stages
|
ACP
Scheme
|
MACP
Scheme
|
Remarks
|
Grade Pay on appointment
|
Rs.1800/-
|
(i) Total benefit in ACP Scheme
2800-1800=1000/-
(ii) Total benefit in MACP Scheme
2400-1800=600/-
|
|
1stUpgradation
|
Rs.1900/-
|
Rs.1900/-
|
|
2ndUpgradation
|
Rs.2400/-
|
Rs.2000/-
|
|
3rdUpgradation
|
Rs.2800/-**
|
Rs.2400/-
|
|
** Note : MACP scheme
caters a 3rdupgradation to those who are already in receipt of 2ndupgradation
under ACP scheme.
6. The following chart shows certain
hierarchical grade pays recommended by the 6th CPC and implemented
by the govt:-
Sr. No.
|
Grade Pay
|
Difference between Consecutive
Grade Pays
|
(i)
|
2800
|
Rs. 1400
|
4200
|
||
(ii)
|
4200
|
Rs. 400
|
4600
|
||
(iii)
|
4600
|
Rs. 200
|
4800
|
||
(iv)
|
4800
|
Rs. 600
|
5400
|
As seen from the above, an employee recruited with grade pay of
Rs.2800/- is getting a hike of Rs.1400/- on 1stupgradation under
MACP scheme. Whereas, another employee with more qualification and appointed in
a much higher post with grade pay of Rs.4200/- will be getting a hike of
Rs.400/- only in 1stupgradation and only Rs.1200/- in all the three
upgradations together. (Refer table in Para 5 (A) above in respect of JE). It
can also be seen from Para 5 (A) above that a JE is getting a hike of Rs.400/-
in 1stupgradation, but when the JE is experienced more, the hike in
pay will be halved to Rs.200/- in 2ndupgradation. Moreover, it
can be seen that there is no steady increase in hierarchical grade pays.
7. It could be seen from the above that
MACP scheme is highly detrimental to most of the employees. It may be
specifically noted that financial upgradation given at each stage is less than
an yearly increment, which not at all compensates the agony of acute stagnation
prevailing in the central service. Most of the employees are either retiring
without earning even a single promotion or with only one promotion at the fag
end of their service. The wide variation at each stage in ACP and MACP schemes
may be noted specifically.
8. The
comparative study made above axiomatically prove that the 6th CPC,
though said to be an expert body, has not applied proper mind while modifying
the ACP scheme, ipso facto, the MACP scheme became totally unscientific and
highly detrimental to the employees. Owing to these wide variations in
benefits, MACP scheme discriminates employees with reference to those who have
got benefits under earlier ACP scheme and still serving together. This
disparity is totally against the equality enshrined in the Articles 14 & 16
of the Constitution of India. Employees governed by MACP scheme are highly
demoralised, which ultimately adversely affects the efficacious functioning of
govt machinery. Hence it is inevitable
to follow a uniform scheme for all the employees.
9. In view of the facts enunciated above,
it is earnestly requested to wipe out the anomalies in the MACP scheme. As the
employees are succumbed to this oppression for more than a decade, an early
favourable decision in the matter is solicited please.
Thanking you,
Yours
faithfully,
Place:
_______________
(_______________)
Date:
___
Advance
copy to:-
The
Ministry of Personnel, Public Grievances and Pensions(Department of Personnel and Training), North Block,New Delhi – 110 001 for information and further action please
, .
