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Showing posts with label MACP. Show all posts

January 24, 2020 ,
MACP on Promotional Hierarchy – Supreme Court Case Status – Order reserved

MACP ON PROMOTIONAL HIERARCHY

Supreme Court Case No  21803/2014
Updates of today’s/Final hearing-

Advocate C K Sasi (AOR), who was well briefed by us, argued the case for M V Mohanan Nair. Advocates, representing to other respondents also done commendable job. Actually it was a well organised team work. Amicus Curiae presented the case extremely well. He also submitted a written statement of his arguments to the court. As a result, the court realized the following:

1) There are anomalies in MACP scheme as evident from Minutes of Meeting of Anomaly Committee.

2) These anomalies are affecting Group B & C employees and no impact on Group A.

3) These anomalies have life long impact.

Arguments have been completed and the case is now reserved for orders. We expect a judgment allowing MACP on promotional hierarchy.


Thanks

for Steering Committee
MACP on Promotional hierarchy


Case Status from Supreme Court Website:-

Diary No.- 14117 – 2014
UNION OF INDIA SECRETARY vs. M.V. MOHANAN NAIR
Case Details
Diary No.
14117/2014 Filed on 24-04-2014 06:10 PM
PENDING
[SECTION: XI-A]
Case No.
SLP(C) No. 021803 / 2014  Registered on 08-08-2014
S.L.P.(C)…CC No. 008271 / 2014  Registered on 21-05-2014
Present/Last Listed On
23-01-2020 [HON’BLE MRS. JUSTICE R. BANUMATHI, HON’BLE MR. JUSTICE A.S. BOPANNA and HON’BLE MR. JUSTICE HRISHIKESH ROY] [CL.NO. : 101]
Status/Stage
Pending – (Final Hearing) Heard & Reserved-Ord dt:23-01-2020
Admitted
[ADMITTED ON : 30-07-2019]
Category
1900-Three Judges Bench Matter
Act

Petitioner(s)
  1 UNION OF INDIA .DEPT OF PERSONNEL AND TRAINING SECRETARY
SECRETARY MINISTRY OF PERSONNEL PUBLIC GRIEVANCES AND PENSION , DISTRICT: NEW DELHI ,NEW DELHI , DELHI2 THE PRINCIPAL REGISTRAR
CENTRAL ADMINISTRATIVE TRIBUNAL, PRINCIPAL BENCH, 61/35, COPERNICUS MARG , DISTRICT: NEW DELHI ,NEW DELHI , DELHI3 KERALA CENTRAL ADMINISTRATIVE TRIBUNAL THE DEPUTY REGISTRAR
ERNAKULAM BENCH , , DISTRICT: KOCHIN ,ERNAKULAM , KERALA
Respondent(s)
  1 M.V. MOHANAN NAIR S/D/W/Thru:- M.R VISHWANATHAN NAIR
PHOTO COPIER, CENTRAL ADMINISTRATIVE TRIBUNAL , DISTRICT: ERNAKULAM KOCHIN ,ERNAKULAM , KERALA
Pet. Advocate(s)
  ARVIND KUMAR SHARMA[P-2]
ARVIND KUMAR SHARMA[P-1]
ARVIND KUMAR SHARMA[P-3]
MUKESH KUMAR MARORIA
Resp. Advocate(s)
  C. K. SASI
G. PRAKASH
Impleaders Advocate(s)
  MOHAN KUMAR[IMPL]
Intervenor Advocate(s)
  M. K. DUA[INT]
RAMESHWAR PRASAD GOYAL[INT]
SATISH KUMAR[INT]

June 07, 2019 , ,
7th CPC Revision of Option to come over to revised pay structure - Clarification in cases promotion/macp/upgradation after 25.07.2016 - reg.

Office of the General Manager (Finance)
PAO, A.P.Circle, Hyderabad

No.180 /IFA/VIICPC/PF/clarifications
Dated 22/05/2019
To

The Postmasters General,
Vijayawada / Visakhapatnam /Kurnool /,
Hyderabad/Hyderabad HQs
Sir,

Subject: - CCS (RP) Rules, 2016 - Opportunity for revision of option to come over to revised pay structure - Clarifications.
Ref: This office Lr. No.669/PM-II/IFA/Genl./7thCPC Pay fixation dated 23.07.2018.

Following the O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 issued by the Department of Expenditure, Ministry of Finance on the opportunity for revision of option to come over to revised pay structure, this office has received references seeking clarification on the eligibility of the officials for exercising revised option from some of the units namely; O/o CPMG - Vijayawada, HRO - ‘V’ Division and Waltair RS HO in Visakhapatnam Division in A.P. Circle. The matter has been perused with reference to the OM dated 12.12.2018 and the CCS (RP) Rules, 2016 and the point of doubts are clarified as under: -


1. Point of doubt:- In view of M.F., O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial up-gradation in Feb./March/August/September, 2017 and December 2018 are eligible to exercise revised option to come over to revised pay structure on the date of their financial up-gradation under MACPS.

Clarification:- The Central Govt. employees have been permitted another opportunity to revise their initial option to come into revised pay structure in terms of Rules 5 & 6 thereof of CCS (RP) Rules, 2016 vide M.F. OM No. 4-13/17-IC/E-IIIA dated 12-12-2018. Wherein, it has been also repeated to make the meaning clear that all terms and conditions as laid down in the said Rules 5 & 6 shall continue to be applicable for the revised options. AS per the second provision of the Rule 5, in cases where a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up-gradation, the Government servant may switch over to the revised pay structure from the date of such promotion or up-gradation, as the case may be. Hence it is clarified that the officials who are awarded promotion/financial up-gradation after the date of notification of the CCS (RP) Rules, 2016 (i.e. 25.07.2016 are not entitled to exercise option/revised option-to come over to the revised pay structure on the date of their promotion/financial up-gradation.

2. Point of doubt:- In view of M.F., O.M. No.4-13/17-IC/E-IIIA dated 12th December, 2018 whether the officials who are awarded financial up-gradation in Feb/March, 2017 under MACPS are eligible to exercise revised option to come over to revised pay structure on the date of their subsequent increment in pre revised pay structure (i.e. on 01.07.2017).

Clarification:- As furnished in the clarification on point of doubt - 1 above, all other terms and conditions as laid down in the Rules 5 & 6 thereof shall continue to be applicable for exercising revised option. As per the first provision of the Rule 5, a Government servant may elect to continue to draw pay in the existing pay structure until the date on which he earns his next or any subsequent increment in the existing pay structure or until he vacates his post or ceases ‘to draw pay in the existing pay structure. As per explanation-1 under the Rule 5, the option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or Scale.

Further, switching over to the revised pay structure either on 01-01-2016 or from a later date than 01-01-2016 i.e. on the date of promotion/up-gradation or the date next/any subsequent increment, are applicable under Rule 5 in case of post/Pay Band or Grade Pay held on 01-01-2016. Thus, if the date of next or any subsequent increment (i.e. on 01-07-2016 or any subsequent date of increment) for a post/Pay Band or Grade Pay held on 01-01-2016 falls after the date of promotion, then the date of next/any subsequent increment for the post/Pay Band or Grade Pay held on 01-01-2016 has no relevance for option, as this post/Pay Band or Grade Pay on 01.01.2016 is no longer held on the date of next/any subsequent date of increment.

Hence, it is clarified that the officials who are awarded promotion/financial up gradation under MACPS prior to the next or any subsequent date of increment in the pre revised pay structure are_not entitled to exercise option/revised option to come over to revised pay structure on the date of next or any subsequent date of increment i.e. 01.07.2017 ete., (With regards to the said clarification this office Lr. No. No.669/PM-II/IFA/Genl./7thCPC Pay fixation dated 23.07.2018 addressed to the AO(IFA), O/o the Postmaster General, Visakhapatnam by endorsing copies to all the Regional Offices and the Divisional Heads may also be referred to.)

3. Point of doubt on Method of fixation of pay: As per the representations, the officials are seem to be on the opinion that fixation of their pay on promotion/up-gradation on or after 01-01-2016 will be done first in pre-revised pay structure (6th CPC) and then (after placement to the promotional grade in pre revised pay structure), the revision of pay in the revised pay structure will be done as per Rule 7 of CCS (RP) Rules, 2016.

Clarification: In case of an admissible option is exercised to come over to revised pay structure on the date of promotion/up-gradation or on the date of next/any subsequent increment in pre revised pay structure; revision of pay will be made first as prescribed in clause A of sub rule 1 under Rule 7 of the CCS (RP) Rules, 2016 w.r.t. the existing basic pay in pre revised pay structure i.e. in the prescribed existing Pay Band and Grade Pay, and after switching over to the revised pay structure, the fixation of pay on promotion (after 01.01.2016) shall be made as prescribed in rule 13 of the CCS(RP) Rules, 2016. 
This has the approval of the General Manager (Finance).
Sr.AO (IFA)







January 29, 2019

Dear viewers,
Representation models for revision of option for officials promoted to MACP in various date is given below for for your convenience. It is requested to give correct option and avail the benefits

Representation model -1
For officials promoted to MACP II after 25.07.2016
From
           


To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f. 01.01.2016.
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of subsequent increment on 01.07.2018.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. Date (Ex. 01.07.2016/01.07.2017/01.07.2018)

       Revised pay may be fixed on VII CPC pay structure w.e.f. (Ex. 01.07.2016/01.07.2017/01.07.2018). I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
                                                 
                                                    Thanking you Sir,                                     
                                                                                                                           
Place:                                                                                                                   Yours faithfully,

Date:                                                                                                  




Representation model -2
For officials promoted to MACP II between 01.01.2016 and 25.07.2016
Switched over to revised pay on 01.01.2016

  From
           


To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f. 01.01.2016.
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of next increment on 01.07.2016.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. 01.07.2016.

                Revised pay may be fixed on VII CPC pay structure w.e.f. 01.07.2016 I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
                                                  
                                                    Thanking you Sir,                                     
                                                                                                                           
Place:                                                                                                                   Yours faithfully,

Date:                                                  





                            Representation model -3
For officials promoted to MACP II between 01.01.2016 and 25.07.2016
Switched over to revised pay on their date of promotion

  From
           


To
            The Postmaster,
           
   Through proper channel

Sir,
                         Sub: CCS RP Rues 2016-opportunity for revision of option to come over to        revised pay structure VII CPC–reg
                      Ref: 1. MOFNo.4-13/17-IC/E-III A dated 12.12.2018.
                              2. DG No.2-16/2017- PAP dated 28.12.2018.
                  Consequent on the implementation of VII CPC, earlier I have opted to switch over to the revised pay structure w.e.f.     (Date of promotion)
                    As per orders cited under reference I wish to revise my option as follows:
1.      I hereby elect to continue on pay band and grade pay until the date of next increment on 01.07.2016.
2.      I have been financially upgraded to MACP II on  (Date)                       . Earlier, I have opted for my fixation on the date of promotion itself. Now I wish to revise my option for fixation on my MACP II on the date of next increment after MACP i.e. 01.07.2016.

                Revised pay may be fixed on VII CPC pay structure w.e.f. 01.07.2016 I am willing to repay the overpayment of arrears consequent on this revised option. Revised option form relates to VII CPC and also option for MACP II are enclosed herewith.
Thanking you Sir,
                                                                                                                           
Place:                                                                                                                   Yours faithfully,

Date:                                                                                                  




Note: The officials promoted between 01.07.2016 to 25.07.2016 should opt for switch over to revised pay on the date of promotion 



Thanks to 

Shri. R.Hariharakrishnan
Manager, PSD,
Tirunelveli 627002, TN

November 13, 2018 , , , , , ,
FAQ on Allowance, Leave, MACP, LTC, Seniority and Reservation


FAQ on Allowance, Leave, ACP, MACP, LTC, Seniority, Sexual Harassment, Administrative Tribunals, Compassionate Appointment, Non Functional Upgradation, Joint Consultative and Arbitration and Reservation


FAQ on Various Subjects


Title
Details
Allowance
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Allowance (Supplement)
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Allowance (CEA, OTA/NDA, Honorarium/Fee, Leave)
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Leave
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Policy of Reservation to SCs, STs and OBCs
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Policy of Reservation to Ex-Serviceman
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Policy of Reservation to Persons with Disabilities
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ACP/MACP Schemes
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Sexual Harassment of Women at Working Place
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Flexible Complementing Scheme
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Time limit for disposal of Disciplinary Cases
Link
Administrative Tribunals
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Compassionate Appointment
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Compassionate Appointment (New)
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Recruitment Rules
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Non Functional Upgradation (NFU)
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LTC
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LTC (NEW)
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Seniority
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Joint Consultative and Arbitration
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Related to UPSC, APAR and Commercial Employment after Retirement
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