NFIR
Grant of fiscal upgradation nether ACP & MACP schemes for the fundamental Government Civilian Employees including Railway employeesNo. IV/MACPs/09/part II
Dated: 21/08/2018
The Secretary / DoP&T(Department of personnel PG & pension),
Department of personnel & Training,
North Block,
New Delhi.
Dear Sir,
Sub: Grant of fiscal upgradation nether ACP & MACP schemes for the fundamental Government Civilian Employees including Railway employees - reg.
Ref: (i) Dop&T oM No.35034/1/97-Estt (D) dated 09/08/1999.
(ii) Dop&T oM No.35034/3/2008-Estt (D) dated 19/05/2009.
NFIR invites sort attending to the OM dated 09/08/1999 wherein the Government of Republic of Republic of India (DoP&T) had introduced 'Assured career Progression Scheme' (ACPs) for the fundamental Government civilian Employees pursuant to the recommendation of fifth fundamental pay commission. The ACP Scheme was made effective inward the Central Government departments from 1999. The ACP Scheme remained functional until 31/08/2008 (as clarified past times the DoP&T vide para ix its OM dated 19/05/2009) due to the fact that the 'Modified Assured Carrer Progression Scheme' was introduced past times the DoP&T, replacing ACPS w.e.f. 01/09/2008, pursuant to the recommendations of sixth CPC.
The Federation has withal been receiving representations from the Central Government civilian Employees, mainly railway employees from all corners of the province to brand the MACP Scheme operational w.e.f. 01/01/2006
01/01/2006 instead from 0l/09/2008, pursuant to the social club dated 08th December, 2017 passed past times the Hon'ble Supreme Court inward Civil Appeal Diary No.3744 of 2016. In this connection, NFIR places next facts for consideration:-
- on perusal of the social club of the Apex court, it is constitute that the Hon'ble Apex courtroom has held that the MACP is a component subdivision of pay construction recommended past times the sixth CPC, the same cannot live on considerd every bit allowance which had been given resultant from 01/09/2008. The said social club has likewise cited the Resolution dated 30/08/2008 of the Government which was referred inward the notification issued past times the Ministry of Finance wherein MACP has been defined component subdivision of 'Pay structure' together with non every bit 'Allowance' together with thence should live on given resultant from 01/01/2006.
- The social club dated eighth Dec 2017 passed past times the Apex courtroom has already been implemented past times the Ministry of Defence, giving resultant to the MACPs w.e.f.01/01/2006 through an OM dated 25/07/2018.
- DoP&T may kindly get got banking concern annotation that inward para 6.5.2 & 6.5.4 of the written report of sixth CPC, the Commission had recommended for implementation of the revised pay construction consisting of Pay Band together with Grade Pay w.e.f. 01/01/2006 piece the revised allowances were given resultant from prospective engagement i.e. 01/09/2008.
- Ministry of Finance vide Gazette of India, Extraordinary Notification of Resolution No. 1/1/2008-IC dated 29/08/2008 had implemented revised pay construction (Pay Band & Grade Pay) w.e.f. 01/01/2006 whereas the implementation of MACPS was made effective from 0110912008, Accordingly, Ministry of Railways likewise implemented revised Pay construction w.e.f. 01/01/2006 vide its social club dated 04/09/2008 piece the rates of Non Practicing Allowance (NPA) were revised w.e.f. 01/01/2006 vide Board's social club dated 22/09/2008. Therefore, the MACPS which is component subdivision of Pay construction every bit decided past times Apex Court should live on given resultant from 01/01/2006 inward railways together with all other Central Government departments.
- Another of import fact which cannot live on ignored is, that the Apex Court had held that the create goodness of ACP granted to an employee is component subdivision of the Pay construction which non alone affects the pay but likewise pension of the employee, therefore, decided that the ACP is non allowance but a component subdivision of pay. At the same time, the Hon'ble Supreme Court farther held that at that topographic point tin live on no dispute that grant of ACP is component subdivision of pay construction together with that the resolution dated 30/08/2008 relating to implementation of sixth CPC recommendations on pay structure, pay bands, degree pay etc get got been given resultant from 0110112006 together with likewise added that this is the conclusion of the Cabinet which could non get got been modified past times issuing executive instructions.
- NFIR suggests that piece issuing modified instructions, inward compliance alongside Apex Court order, the DoP&T may let selection chance to all those beneficiaries of ACPS every bit good MACPS to do their selection for fiscal upgradation from the dates advantageous to them together with so every bit to avoid farther grievances.
- Summing up, NFIR urges upon the DoP&T to kindly regard the higher upwards points together with number modified instructions for granting fiscal upgradation nether MACPS alongside resultant from 01/01/2006 every bit was done past times the Ministry of Defence. H5N1 re-create of the instructions issued may live on endorsed to this Federation.
Yours faithfully,
(Dr.M.Raghavaiah)
General Secretary
Source: NFIRGeneral Secretary
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