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 3^rdupgradation to those who are already in            receipt of 2^ndupgradation 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 3^rdupgradation to those who are already in   receipt of 2^ndupgradation 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 3^rdupgradation to those who are already in                            receipt of 2^ndupgradation under ACP scheme.

6.         The following chart shows certain hierarchical grade pays recommended by the 6^th 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 1^stupgradation 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 1^stupgradation 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 1^stupgradation, but when the JE is experienced more, the hike in pay will be halved to Rs.200/- in 2^ndupgradation. 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 6^th 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 3^rdupgradation to those who are already in                receipt of 2^ndupgradation 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 3^rdupgradation to those who are already in                            receipt of 2^ndupgradation 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 3^rdupgradation to those who are already in                 receipt of 2^ndupgradation under ACP scheme.

6.         The following chart shows certain hierarchical grade pays recommended by the 6^th 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 1^stupgradation 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 1^stupgradation 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 1^stupgradation, but when the JE is experienced more, the hike in pay will be halved to Rs.200/- in 2^ndupgradation. 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 6^th 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

,                                                    .