CONFEDERATION OF CENTRAL GOVERNMENT
EMPLOYEES AND WORKERS
Manihsinath Bhawan, A/2/95 Rajouri Garden New Delhi
Circular No: 12/2012 Dated 28th July, 2012
Dear Comrades
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
Com. Bhosle
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:
Grant of MACP in the
promotional hierarchy: The Staff Side
pointed out that the ACP which was in vogue till the advent of MACP had been on
promotional hierarchy. In the name of improvement of the scheme, the Government
cannot unilaterally change it, especially when the concerned employees do not
consider it as advantageous. They suggested that the employees must be allowed
to retain the ACP for the first two promotions and for the third promotion MACP
can be extended. However, the Official Side said that it would not be possible
to have any hybrid scheme. In fact, they added that the 6th
CPC had suggested for two career progressions only and that too on grade pay
hierarchy. The govt. had improved upon and therefore it was not possible for
them to agree for the suggestion of the Staff Side. They also stated that the
reason for bringing about grade pay hierarchy was to bring about uniformity in
the scheme across the Departments as the promotional hierarchy varies from one
department to another. They declined to consider the suggestion for promotional
hierarchy based MACP.
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.
Counting
50% of service of the Temporary status/casual labourers for the purpose of
MACP: In the light of the
discussion at the meeting, the Official Side agreed to examine the matter.
Treatment of employees
selected under LDCE Scheme and GDCE Scheme:
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.
Date of effect of the Scheme: 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.
Financial up-gradation under MACP in the case of staff who join
another unit/organization on request. 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.
Stepping up of pay of senior incumbent with the junior as a
consequence of ACP/MACP. 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.
The bench mark question for promotion under MACP. 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.
There had been no discussions on other points
incorporated in the report. The stand taken by the Official side in those
matters remains unchanged. You may kindly access the report from the website of
the Department of Personnel along with the relevant orders.
With greetings,
Yours fraternally,
K.K.N.
Kutty
Secretary
General
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