1 LDC Rs PB-1 (Rs ) + GP Rs years 2 UDC Rs PB-1 (Rs ) + GP Rs years

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1 A BRIEF NOTE ON GRANT OF MACP IN THE PROMOTIONAL HIRARCHY IN DEPARTMENT OF ATOMIC ENERGY 1) Based on the recommendations of the Fifth CPC, Government of India introduced the Assured Career Progression Scheme (ACP Scheme) under DoP&T s OM No /3/97-Estt.(D) dated (Annexure 1) The main objective of the Scheme was to deal with the problem of genuine stagnation and hardships faced by the employees due to lack of avenues. In said scheme, it was provided for grant of two financial upgradations in the of the cadre on completion of 12 and 24 years of service respectively, counted from the direct recruitment grade. The said benefits under the ACP shall be applicable w.e.f ) At the time of the introduction of the ACP Scheme, there was an acute stagnation in the LDC, UDC and other cadres in the Ministerial Staff in Non-Secretariat Officers. Accordingly, most of the LDC were granted 1 st ACP in the next hierarchical grade i.e. in the pay scale of Rs w.e.f or on completion of 12 years. A number of UDCs were also granted 2 nd ACP in the 2 nd grade i.e. in the pay scale of Rs (Revised pay structure of PB-2 + Grade Pay Rs for Assistant) w.e.f or on completion of 24 years of service. 3) That the Government of India implemented the recommendations of the Sixth CPC under Ministry of Finance s Notification No. F.No.1/1/2008-IC dated effecting from and accordingly LDC, UDC, Assistant, Section Officer, Asstt. Personnel Officer, Asscounts Officer, Purchase Clerk, Jr. Purchase Assistant, Purchase Assistant, Sr. Purchase Assistant, Asstt. Purchase Officer, Store Clerk, Jr. Store Keeper, Store Keeper, Asstt. Stores Officer, Steno Gr. III, Steno Gr. II, Steno Gr. I, Driver Ordinary Grade, Driver Grade-1 were placed in the pay structure and the eligibility for their promotion to the next higher grade are furnished as under :- (A) Department of Atomic Energy SECRETARIAT : Sl. No. Name of Post Pay scale as per Fifth CPC Pay scale as per Sixth CPC Minimum Service for promotion to next grade 1 LDC Rs PB-1 (Rs ) + GP Rs years 2 UDC Rs PB-1 (Rs ) + GP Rs years 3 Assistant Rs PB-2 ( ) + GP years 4 Section Officer Rs PB-3 ( ) + GP 5400 (B) Department of Atomic Energy OTHER THAN SECRETARIAT (ADMINISTRATION): Sl. No. Name of Post Pay scale as per Fifth CPC Pay scale as per Sixth CPC Minimum Service for promotion to next grade 1 LDC Rs PB-1 (Rs ) + GP Rs years 2 UDC Rs PB-1 (Rs ) + GP Rs years 3 Sr. Clerk Rs PB-2 ( ) + GP 4200 On senioroty 3 Assistant Rs PB-2 ( ) + GP year 4 Asstt. Personnel Officer Rs PB-2 ( ) + GP 4800 & GP 5400 after completion of 4 year regular service (C) Department of Atomic Energy OTHER THAN SECRETARIAT (ACCOUNTS) : Pay scale as per Sixth CPC Sl. No. Name of Post Pay scale as per Fifth CPC Minimum Service for promotion to next grade 1 LDC Rs PB-1 (Rs ) + GP Rs years 2 UDC Rs PB-1 (Rs ) + GP Rs years 3 Acct. Asst Rs PB-2 ( ) + GP 4200 On Seniority 3 Assistant Accountant Rs PB-2 ( ) + GP years 4 Asstt. Accounts Officer Rs PB-2 ( ) + GP 4800

2 Sl. No. Name of Post (D) Department of Atomic Energy DIRECTORATE OF PURCHASE & STORES: Pay scale as per Pay scale as per Sixth CPC Minimum Service Fifth CPC for promotion to next grade 1 Purchase Clerk/Store Clerk 2 Jr. Purchase Asstt. / jr. Store Keeper 3 Purchase Asstt. / Store Keeper 4 Sr. Purchase Asstt. / Sr. Store keeper 5. Asstt. Purchase Officer / Asstt. Stores officer Rs Rs Rs Rs Rs PB-1 (Rs ) + GP Rs PB-1 (Rs ) + GP Rs PB-2 ( ) + GP 4200 PB-2 ( ) + GP 4200 PB-2 ( ) + GP 4800 & GP 5400 after completion of 4 year regular service 8 years 10 years 8 years (E) Department of Atomic Energy - STENO : Sl. No. Name of Post Pay scale as per Fifth CPC Pay scale as per Sixth CPC Minimum Service for promotion to next grade 1 Steno Gr. III Rs PB-1 (Rs ) + GP Rs years 2 Steno Gr. II Rs PB-2 ( ) + GP years 3 Steno Gr. I Rs PB-2 ( ) + GP Private Secretary (NS) 5. Sr. Private Secretary (NS) Rs PB-2 ( ) + GP years Rs PB-2 ( ) + GP 4800 (F) Department of Atomic Energy - DRIVER : Sl. No. Name of Post Pay scale as per Fifth CPC Pay scale as per Sixth CPC Minimum Service for promotion to next grade 1 Driver Ordinary Rs PB-1 (Rs ) + GP Rs years Grade 2 Driver Gr. I Rs PB-1 (Rs ) + GP Rs ) Though the minimum eligibility period has been described by the Department for considering the promotion, it is not ensured that the promotion will get immediately after completion of the stipulated Service for promotion. Promotion is given based on the following proceedings: a. Subject to the vacancy of the post b. Passing the written examination conducted by the Department c. Recommendation of the Internal interview Committee based on the performance in the Personnel Interview 5) In the mean time, the Govt. of India issued orders regarding revised ACP Scheme i.e. Modified ACP (MACP in short) under DoP&T s OM No /3/2008-Estt.(D) dated (Annexure 2) for the Central Govt. Civilian Employees replacing the existing ACP Scheme with TWO financial upgradations in the of the grade on completion of 12 and 24 years of service counted from the direct entry grade to THREE financial upgradations on completion of 10,20 and 30 years counted from the direct entry grade in the of grade pay under MACP. As per the aforesaid orders, the benefit under MACP is applicable from 01/09/ ) In accordance with DoP&T s OM No /3/2008-Estt.(D) dated 19/05/2009 various departmental authorities had granted MACP keeping the pay structure of LDC as PB-1 (Rs

3 20200) + Grade Pay Rs in view as entry grade pay structure and contended to grant the FIRST, SECOND and THIRD MACP in the pay structure of PB-1 (Rs ) + Grade Pay Rs. 2000, PB-1 (Rs ) + Grade Pay Rs and PB-1 (Rs ) + Grade Pay Rs after completion of 10, 20 and 30 years of service as LDC/UDC respectively, instead of granting the same in PB-1 (Rs ) + Grade Pay Rs. 2400, PB-2 (Rs ) + Grade Pay Rs and PB-2 (Rs ) + Grade Pay Rs As such, the said order on grant of MACP is discriminatory. Department of Atomic Energy also endorsed the said OM dated 19/05/2009 and granted MACP based on the grade pay. The following Table shows how there is deviation in grant of MACP in respect of Administrative Staff in Department of Atomic Energy who were recruited as LDC :- Sl. No. Name of Pay scale as per Revised pay structure Minimum post in the Fifth CPC as per Sixth CPC service for grant of MACP 1 LDC Rs Entry Grade MACP in the UDC Rs years PB-1 + Grade Pay Rs Sr. Clerk Rs PB-2+ GP Rs years PB-2 + Grade Pay Rs Assistant Rs PB-2+ GP Rs years PB-2 + Grade Pay Rs MACP implemented on successive Grade Pay as per DoP&T s OM dated 19/05/2009 Rs Rs Rs Rs ) The similar discrimination is also meted out in other cadres in department. The following tables shows how there is deviation due to grant of MACP in successive Grade pay in respect of Secretariat Cadre, Accounts Cadre, Purchase & Stores Cadre, Steno, Driver Cadre etc. :- SECRETARIAT CADRE Sl. No. Name of Pay scale as per Revised pay structure Minimum MACP in the post in the Fifth CPC as per Sixth CPC service for grant of MACP 1 LDC Rs Entry Grade UDC Rs years PB-1 + Grade Pay Rs Assistant Rs PB-2+ GP Rs years PB-2 + Grade Pay Rs Section Rs PB-2+ GP Rs years PB-2 + Grade Officer & GP 5400 after Pay Rs completion of 4 yrs MACP implemented on successive Grade Pay as per DoP&T s OM dated 19/05/2009 Rs Rs Rs Rs ACCOUNTS CADRE Sl. Name of post Pay scale as per Revised pay structure Minimum MACP in the MACP implemented No. in the Fifth CPC as per Sixth CPC service for on successive Grade grant of Pay as per DoP&T s MACP OM dated 19/05/ LDC Rs Entry Grade 1900 Rs UDC Rs years PB-1 + Grade Pay Rs Rs Sr. Clerk Rs PB-2+ GP Rs years PB-2 + Grade Pay Rs Rs Assistant Rs PB-2+ GP Rs years PB-2 + Grade

4 Accountant Pay Rs Rs Sl. No. Name of post in the 1 Purchase Clerk/Store Clerk 2 Jr. Purchase Asstt. / Jr. Store Keeper 3. Purchase Asstt. / Store Keeper 4 Asstt. Purchase officer / Asstt. Stores Officer Pay scale as per Fifth CPC Rs Rs Rs Rs PURCHASE AND STORES CADRE Revised pay structure as per Sixth CPC PB-2+ GP Rs PB-2+ GP Rs & GP Rs after completion of 4 years Minimum service for grant of MACP Entry Grade 10 years 10 years 10 years MACP in the 1900 PB-1 + Grade Pay Rs PB-2 + Grade Pay Rs PB-2 + Grade Pay Rs MACP implemented on successive Grade Pay as per DoP&T s OM dated 19/05/2009 Rs Rs Rs Rs STENO CADRE Sl. No. Name of post Pay scale as per Revised pay structure Minimum in the Fifth CPC as per Sixth CPC service for grant of MACP 1 Steno Gr. III Rs Entry Grade 2 Steno Gr. II Rs PB-2+ GP Rs years 3. Steno Gr. I Rs PB-2+ GP Rs Private Rs PB-2+ GP Rs Secretary years (NS) 5. Sr. Private Secretary NS Rs PB-2+ GP Rs years MACP in the 2400 PB-1 + Grade Pay Rs PB-2 + Grade Pay Rs PB-2 + Grade Pay Rs MACP implemented on successive Grade Pay as per DoP&T s OM dated 19/05/2009 Rs Rs PB-2 + Grade Pay Rs PB-2 + Grade Pay Rs Sl. No. Name of post in the DRIVER CADRE Pay scale as per Revised pay Minimum Fifth CPC structure as service for per Sixth CPC grant of MACP Rs PB-1+ GP Entry Rs Grade 1 Driver Ordinary Grade 2 Driver Gr. I Rs PB-1+ GP Rs MACP in the years PB-1 + Grade Pay Rs MACP implemented on successive Grade Pay as per DoP&T s OM dated 19/05/2009 Rs Rs In view of above, it is unjust and improper to grant the MACP in the of successive Grade Pay instead of granting the same in of a post. 8) Further, the following table shows how the benefits under MACP Scheme is less advantageous because of the fact that the MACP is granted in the of the successive grade pay than the erstwhile ACP Scheme which was granted in the. An extract of the same is furnished hereunder :-

5 Under ACP Sl. Entry Grade Pay Scale No. 1 LDC (Entry Grade) Rs Revised PB-1 (Rs ) + Grade Pay Rs st Promotion / 1 st ACP /Pay Scale (12 years) UDC Rs Revised PB-1 (Rs ) + Grade Pay Rs nd Promotion / 2 nd ACP / Pay Scale (24 years) Assistant Rs Revised PB-2 (Rs ) + Grade Pay Rs rd Promotion / 3 rd ACP/ Pay Scale (30 years) Asstt. Personnel Officer Revised PB-2 (Rs ) + Grade Pay Rs. 4600/4800 Remarks Advantageous Under MACP Sl. No. 1 LDC (Entry Grade) Rs Revised PB-1 (Rs ) + Grade Pay Rs Entry Grade Pay Scale 1 st MACP (10 years) 2 nd MACP (20 years) 3 rd MACP (30 years) Remarks Revised PB-1 (Rs ) + Grade Pay Rs Revised PB-1 (Rs ) + Grade Pay Rs Revised PB-1 (Rs ) + Grade Pay Rs Less Advantageous 9) It is found that the LDCs/UDCs who have completed 24 years service as on 31/08/2008 (before the cut-off date of 01/09/2008), were have been granted the benefits of 2 nd ACP in the pay scale of Rs and have been placed in the revised pay structure of PB-2 (Rs ) + Grade Pay Rs. 4200, but LDC/UDC have been placed in the replacement scale of UDC PB-1 (Rs ) + Grade Pay Rs towards 2 nd MACP and thus deprived of the said benefits without any justified reason. The problem is further aggravated as LDCs/UDCs who have completed 30 years service as on 31/08/2008 (before the cut-off date of 01/09/2008), were have been granted the benefits of 3 rd MACP in the pay scale of Rs and have been placed in the revised pay structure of PB-2 (Rs ) + Grade Pay Rs. 4600, but later group of LDC/UDC not completing 24 years service as on 31/08/2008 have been placed in the replacement scale of UDC PB-1 (Rs ) + Grade Pay Rs towards 2 nd MACP. In both the above instances an anomaly of Rs and that is a major cause of anguish and demoralization of LDCs/UDCs and similarly situated employees of other cadres covered with MACP. 10) In the mean time, a point was raised in the national Council (JCM) for grant of MACP in the of grade instead of of the grade pay. The Third Meeting of Joint Committee on MACP was held on 15/03/2011 and discussed the issue in the agenda item No. 1,3,8,9 and 29 inter alia on Grant of Financial upgradation in the instead of Grade Pay under MACP. An excerpt of the Minutes/decisions of the same circulated under DoP&T s OM No. 11/1/2010-JCA dated 20/04/2011 (Annexure 3) is furnished hereunder :- The Staff Side reiterated their demand that the financial upgradation under the MACP Scheme should be granted in the of posts instead of Grade Pay. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendation of the 5 th CPC and, as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees. The Official Side stated that the 6 th CPC recommended two financial upgradations in the Grade Pay. However, the Government improved upon the recommendations of the 6 th CPC and has implemented MACP Scheme with three financial upgradations in the Grade Pay after 10, 20 and 30 years. Referring to earlier discussions held in the matter, the Official Side stated that the Government was willing to consider revision in para 13 of MACP Scheme to the effect that organizations/cadres shall have the option either to choose the ACP Scheme or the MACP Scheme. However, the Staff Side pointed

6 out that such dispensation will not be practical and hence there is a need to explore other alternatives to solve the issue. After discussion, it was agreed that there is no need to change basic structure of MACP Scheme. However, there is need to separately examine those cases where MACP Scheme is less advantageous than the ACP Scheme. Accordingly, it was decided that the Official Side will write to Ministry of Railways, Defence, Urban Development, Home and the Department of Posts to forward the information in respect of the specific categories of employees where the MCAPs is less advantageous than the erstwhile ACP Scheme. The Official Side also requested the Staff Side to collect and forward such information to the Department of Personnel and Training for further necessary action. 11) The point was again discussed in the Joint Committee on MACP held on 27/07/2012. An extract of the Minutes of the said meeting on the agenda item No. 1 Grant of MACP in the, (Annexure 4) furnished hereunder :- 1. Grant of MACP in the :-.. The Staff Side stated that the employees who were in service prior to 01/01/2006 had the right to retain first two financial upgradations in the and the Government cannot alter the existing services conditions adversely. The Official Side, however, stated that since MACP is in supersession of earlier ACP Scheme, this cannot be agreed to. The Staff side insisted that the least option be given to individual employees in this regard to facilitate him/her to opt either ACP or MACP for availing benefit of financial upgradation. The Staff side was insistent that either MACPs should be in or individual options should be given to the employees. The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them. From para (9) and para (10) above it is clear that in the meetings/discussions of Joint Committee on MACP, Staff Side time to tome made Official Side aware of the fact that in respect of a good number of specific categories of employees MACP is less advantageous than the erstwhile ACP and insisted on finding a solution of the problem. But Official side put the onus of finding s solution o the problem on Staff Side rather than solving the problem themselves and sat on the problem for quite a good no of years and forced employees/cadre organizations to approach to court of justice/law for sorting out the problem arising out of introduction of detrimental MCAP Scheme. 12) Being aggrieved due to the utter discrimination meted out on grant of MACP, one employees named Raj Pal of CAT, Chandigarh designated as Photo Copier, approached the Hon ble CAT, Chandigarh Bench for grant of MACP in the in the anology of a similar post of Hindi Typist and filed OA No. 1038/CH/2010 in the case of Raj Pal Vs. Union of India represented by the Department of Personnel and Training and others. The Hon ble CAT, Chandigarh in the order dated 31/05/2011 allowed the aforesaid OA and accordingly the said employee was granted MACP in the of the post of the comparable cadre i.e. Hindi Typist. Extracts of the aforesaid judgement of the Hon ble CAT, Chandigarh (Annexure 5) is furnished as under :- 13. It has been settled that the ACP would be granted on the completion of the required years of service in the of posts for the posts of LDC/Hindi Typist, and not in the next higher scale in the recommended scales. The same principle would have to applicable in regard to grant of MACP to the applicant. The only difference is that while in case of ACP two financial upgradations were granted on completion of 12 and 24 years of service, in case of MACP, three upgradations on the intervals of 10,20 and 30 years of service.

7 15. Be that as it may, the principle enunciated and settled by the Tribunal/High Court for grant of ACP cannot be changed and the same principle would apply for grant of MACP to him. The only difference is of number of years is required to be completed. We find no justification to take a different view in the matter. 16. For the foregoing reasons, the impugned order dated 09/08/2010 (Annexure A-1) qua the applicant, fixing his pay in PB-1 with grade pay of Rs under the second MACP, and the order dated 09/08/2010 (Annexure A-2) are hereby quashed and set aside. Consequently, the respondents are directed to grant second financial upgradation to the applicant under the MACPs from due date fix his pay in the of posts decided in his case earlier and to pay the resultant arrears without interest within a period of 2 months from the date of receipt of a copy of this order 13) Thereafter, the Union of India represented by the Secretary, Department of personnel and Training and others approached the Hon ble High Court of Punjab and Haryana at Chandigarh in CWP No of 2011 (O&M). The Hon ble High Court of Punjab and Haryana at Chandigarh, in the order dated 19/10/2011, dismissed the CWP and issued orders at page 5 and 6 of the same, (Annexure 6) which read as under :-. An order adversely affecting an employee in terms of grant of financial upgradations had already been passed which entailed civil consequences and as such CAT has rightfully proceeded to adjudicate for the petitioners to the effect that the earlier scheme of ACP stood superseded by MACP Scheme is being noticed only to be rejected. The entire objective of introduction of ACP/MACP Scheme is to alleviate stagnation as regards an employee who has a number of regular years of service on the same post without any avenue of promotion. It is such circumstances that a financial incentive is sought to be granted to an employee upon completion of certain number of years of service on the same post. Under the ACP Scheme of 1999, the financial upgradations were to be granted upon completion of 12 years and 24 years of regular service whereas under the MACP Scheme such financial upgradations are envisaged upon completion of 10,20 or 30 years of service, the contention raised on behalf of the petitioners if accepted would defeat the very objective for which such Schemes have been introduced... We find no infirmity in the order dated 31/05/2011 passed by CAT in OA No. 1038/CH of The petition stands dismissed. That then the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon ble Supreme court by way of filing SLP (SLP No. CC 7467/2013) challenging the order dated 19/10/2011 in CWP No of 2011 of the Hon ble High Court of Punjab and Haryana at Chandigarh. The Hon ble Supreme Court has dismissed the aforesaid SLP in the order dated 15/04/ ) In the mean time, one Sanjay Kumar, UDC and 18 other UDCs of the Central Government under the Ministry of Defence who are in the pay structure of PB-1 (Rs ) + Grade Pay Rs have approached the Hon ble CAT, Principal Bench, New Delhi in OA No. 904/2012 with the prayer for grant of 2 nd MACP in of post i.e. Assistant in the PB-2 (Rs ) + Grade pay Rs The Hon ble CAT Principal Bench, New Delhi, in the order dated 26/11/2012, in the aforesaid OA relied upon the decision dated 10/10/2011 passed by the Hon;ble High Court of Punjab and Haryana at Chandigarh and in CWP No of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and the order dated 31/05/2010 passed by the Hon ble CAT, Chandigarh Bench in OA No. 1038/CH/2010, (Annexure 7) allowed the OA and issued orders as under :-

8 7. In our considered view, the present OA is squaely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Hon ble High Court of Punjab and Haryana at Chandigarh. 8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Department of Personnel and Training, in the case of applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6 th Pay Commission. In the, after the scale of UDC the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next post in the, namely, the Assistants carrying the pay scale of Rs and the grade pay of Rs In view of above position, the OA is allowed. The respondents are directed to grant scale of pay of Rs with grade pay of Rs attached to the said post of Assistant/OS from the due date to the applicant. 10. The aforesaid direction shall be complied with within the period of two months from the date of receipt of a copy of the order, subject to the other conditions mentioned in the MCAP Scheme. 15) The applicant is similarly situated with the applicants of the aforesaid OA in the matter of grant of MACP in the of post and the case of applicant may kindly be considered for grant of MACP in the light of the spirit contained in the aforesaid Court decisions. 16) In view above, the following grounds may be taken with the prayer before the Hon ble Supreme Court for dismissing the SLP filed by the Union of India (represented by the DoP&T) contesting the orders of the Hon ble CAT/High Court in the matter of grant of MACP in the of the post. i) The particular mention of ACP Scheme in the recommendation of the Sixth CPC contained in para of the report reads as under :- ACPs has, by and large, alleviated the problem of stagnation and also allowed higher rate of increments in the higher scale extended under it. From 6 th CPS s own observation, it is clear that alleviation of stagnation I promotion was the main objective of the ACP scheme and by introducing the scheme in 5 th CPC, this objective was achieved and the same opinion was rightfully upheld by the Hon ble High Court of Punjab and Haryana at Chandigarh, in the order dated 19/10/2011 while dismissing the CWP No of 2011 (O&M). MACP is the advanced Scheme which should have been beneficial than that of the ACP Scheme. But on the contrary, the individuals are loser in many cased due to grant of MACP in an arbitrary lower, nonexistent in Government Departments and thus being deprived of stagnation benefit of original scheme of ACP. ii) The recommendation of the Sixth CPC contained in para of the report that the employees working in organizations having more intermediate grades suffer because the financial upgradation under ACPs places them in a lower pay scale vis-à-vis a similarly situated employee in another Organization that has intermediatay grades. The contention of the Sixth CPC is not correct as there is no recommendation of the Sixth CPC for making even recommendations for structuring of various grades. Department wise scheme of a cadre is evolved with successive Pay Commission s well considered analysis and views and the respective scheme of a cadre is based on entry qualification, duties and responsibilities of the post and need based organizational structural. The lesser no of intermediary grades or more no of intermediary grades are natural accompaniment of the

9 process of evolution of a pay Scale related to a cadre through successive CPC recommendations. Therefore the above contention of the Sixth CPC was simplifier with the sole purpose to impose MACP scheme which is detrimental to true career progression of an employee by relieving them from career stagnation. As such, the contention of the Sixth CPC for granting MCAP ON THE HIERARCHY OF Grade Pay is not just and proper. iii) Sixth CPC in para of the report put forth the note which reads as hereunder :- The commission has received many representations seeking a uniform benefit under ACPs or seeking abolition of intermediary grades merely with a view to get higher jumps in pay scales under ACPs Merely getting representation cannot be the basis of implementing MACP scheme without going deeper into the evolution of a pay scale on the basis of successive pay commission s recommendations about the scale alongwith respective consent of a department. Giving importance to these representations by Sixth CPC has only undermined the previous five CPC s recommendation in respect of each and every scale and their related. As cited in para (8) above it is clear that introduction of MACP has resulted in a pay anomaly of Rs. 1800/- amongst two LDCs/UDCs of same department (one covered under MACP and another covered under ACP) on completion of 24 years of service and 30 years of service and likewise in other departments also. As there is a difference of Rs. 100 only in case of 1 st MACP in 10 years in LDCs/UDCs, in any court which is too meager an amount.. While the regular promotions are granted on the basis of hierarchical grades of a post, granting of MACP on successive grade pay of the post in arbitrary and illegal and hence not justified. iv) For a particular employee, MACP benefit may precede hierarchical benefit as recommended by CPC or vice versa or timing of both may coincide therefore there is no question of getting suffered due to more intermediary grades. Due to implementing MACP in grade pay employees having lesser intermediary grades are only being denied of their hierarchical benefit as in most of the cases promotion to next post takes more than 10 years and it may take place even after 20 years as in the case of Assistant Engineer (Gr. B ) to Executive Engineer (Gr. A ) and next posts and CPWD or Officer Surveyor (Gr. B ) to Superintending Surveyor (Gr. A ) and next posts in Survey of India (more cases may be cited) as avenues are too narrow and employees get stagnated. Though JS (Establishment), DOPT assured members, staff side in the 3 rd meeting of the Jt. Committee on MACP held on 15 th march 2011 under the chairmanship of the former that all concerned have been advised to review the cadre restructure in a time bound manner with a view to mitigate the problem of stagnation vide DOPT s OM dt. 10 th Feb (appeared as Pt. No. 2 of summary record of the discussion of the 3 rd meeting of Jt. Committee on MACP), but said cadre restructuring did not take place even today in departments whose cadres got affected maximum due to anomalous MACP and thus problem of stagnation is prevailing in these departments. Therefore, there is no rationale in granting MACP in the of successive Grade pay of a post instead of granting in the of post which is actually granted to the incumbents. v) The Staff Side in the Joint Committee on MACP in the meeting held on 27/07/2012 has insisted upon that either MACPs should be granted in or individual options should be given to the employees due to arbitrariness in grant of MCAP as pointed out in Para (10) above. In the meeting of MACP Anomaly Committee the staff side had suggested three options at various stages 1. Grant of MACP on 2. Grant of first two financial upgradation on and the third one which was added during 6 th CPC on next Grade pay. 3. Option be given to individual employees to facilitate him/her to opt for availing benefit of financial upgradation if granting of MACP on. But the Government side has not agreed any of these proposals.

10 But the Official Side s rigid stance led a large no of employees, organizations approaching CAT Benches, High Courts for seeking justice (The list of Court Cases and favorable judgments may be attached as annexure). This is mere testimony of injustice meted out of large no of cadres by introducing highly anomalous and discriminatory MACP Scheme by Government on wrongful recommendation of Sixth CPC. It is a matter of great pleasure that almost all the trial courts upheld the verdict of Hon ble CAT, Chandigarh in OA No. 1038/ch/2010 order dated 31/05/2011 in the case of Raj Pal Vs. Union of India. Even some of the Secretaries of Govt. of India also advocated of Staff Side s logic of or individual options indicating the possibility of large no of court cases in the event of implementing the discriminatory MACP Scheme and also made DOPT aware of simmering discontent and demoralization amongst employees. In this respect Dr. Sudhir Krishna, Secretary, Ministry of Urban Development s letter No. 55/4/2013 dt. 01/10/2013 addressed to Secretary (Personnel) DOPT may be cited. (Annexure 8) vi) The Union of India (Represented by DoP&T) has already implemented the decision of the Hon ble CAT, Chandigarh in OA No. 1038/CH/2010 order dated 31/05/2011 in the case of Raj Pal Vs. Union of India upheld by the Hon ble High Court of Punjab and Haryana at Chandigarh in CWP No of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and order dated 15/04/2013 passed by the Hon ble Supreme Court in SLP No. CC7467/2013 and accordingly MACP have been granted to the applicant in the in the interest of justice. 17) Why granting of Promotion of MACP is justified : Assured Career Progression Scheme was introduced as safety net to deal with the problem of genuine stagnation in a cadre or in an isolated post and hardship faced by the employees due to lack of adequate avenues. ACP scheme envisages two financial upgradations in the pay scale of post at 12 and 24 years of regular service. Para 4 of the said order also emphasise the need for improving prospects in organizations/cadres on functional grounds and it should not be given up on the ground that ACP scheme was introduced. Even then stagnation in almost all cadres still persists, mostly without even a single promotion. The 6 th CPC introduced a new element in the pay system viz. Grade Pay. The grade pay component is the deciding factor for classification of posts, travel & accommodation entitlements, transport allowance etc. Grade pay & basic pay together will be considered for calculation of DA, HRA etc. Thus the grade pay has a very vital role in the pay & allowances of the Central Government employees. The 6 th CPC also introduced Modified Assured Career Progression in place of earlier ACP scheme. Under the MACP scheme, three financial upgradations as 10, 20 and 30 years of service will be given to the employees in the of Grade Pays. It is pertinent to note that upgradations in ACP scheme were in the pay of posts, but in MACP scheme the same are in the of Grade Pays. It is also pertinent to note that Grade Pay of post and Grade pay in the are different in most of the cadres especially in lower posts. For e.g. benefits given to a Photo Copier/LDC appointed with grade pay of Rs governed by ACP Scheme and MACP Scheme are appended below :- Grade Pay at stages ACP SCHEME MACP Scheme Grade pay at appointment st upgradation PB-1 + GP Rs PB-1 + GP Rs nd upgradation PB-2 + GP Rs PB-1 + GP Rs rd upgradation PB-2 + GP Rs. 4600/4800 PB-1 + GP Rs. 2800

11 (Note: MACP scheme caters a third upgradation to those who are in enjoinment of ACP Scheme.) It could be seen from the above that MACP scheme is highly detrimental to the employees. It may be specifically noted that financial upgradation given at each stage is less than a yearly increment, which not at all compensates the agony of acute stagnation prevailing in the Central Govt. service. Most of the employees are either retiring without earning even a single promotion or with only one promotion at the far end of their service. The wide variation at each stage in ACP and MACP schemes may be noted specifically. The comparative study made above axiomatically prove that the MACP scheme is totally unscientific and against the spirit of recommendation of ACP. 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 Articles 14 & 16 of Constitution of India. Employees governed by MACP scheme are highly demoralized, which ultimately adversely affected the functioning of Govt. machinery. Hence it is unavoidable to follow a uniform scheme for all the employees. Accordingly, we demand MACP scheme may be made in which ensures financial upgradations in the next grade. Lot of anomalies, including the anomaly brought out above, were existing in the 6 th pay commission report. Hence, an anomaly committee was constituted by the Government to redress these anomalies, including a sub-committee to deal with the anomalies in MACP scheme exclusively. The anomaly committee held only 4 times since its constitution during January 2009 and last meeting was held on 17 July Unfortunately, to the utter dismay of the employees, none of the anomalies in MACP scheme was settled. Hence there was no other option left for the employees rather than approaching court of law to get redressed their grievances. Various courts all over India viz. High Court of Punjab & Haryana, High Court of Kerala, High Court of Delhi and CATs at Delhi, Chandigarh, Ernakulam, Guwahati etc. have already given judgments granting MACP on. The averments which might be put up by Government are :- (i) Financial implication (ii) Non-functioning in the post. It is not suiting for a democratic Government to discriminate employees in the pretext of financial implication. All the employees are working for the nation and they perform duties without any disparity. While so, it is not just to pay more to certain employees under ACP scheme and far less to rest of the employees under MACP scheme. It is clear violation of Articles 14 & 16 of Indian Constitution. Regarding point (ii) above, it is the fault of the Government not giving promotions at right time, due to which acute stagnation prevails in the central service. Employees are being penalized for no fault of them. They are being denied financial benefits as well as status by not giving promotions. They are far behind in their career prospects as compared to public sector employees. In order to give relief to the employees at least in financial aspect, ACP scheme was introduced. No employee is unwilling to work on post, if they are promoted. If at all any employee refuses promotion(s), ACP scheme already caters a provision for nongranting of financial upgradations to such employees who refuses promotion(s). While so, denial of financial benefits, particularly to the employees covered under MCAP scheme at random, on the plea of non-performance of duties of post carries no merit. It is also noteworthy that employees covered under ACP scheme are also not performing the duties of post.

12 As the Grade pay is the deciding factor for status, travel/accommodation entitlements, HRA, transport allowance etc, denial of legitimate grade pay of post to a section of employee is hostile, discriminative, unlawful and unconstitutional. 18) Conclusion : Since the outcome of the present SLP is applicable not only to the employees posted in the CAT who are respondents to this case but entirety of the Central Government Employees and as such this case may be treated as a case on behalf of all Central Government Employees affected with the anomalous MACP. It is to be stated that in Central Government Offices, employees are appointed through common all India competitive examination and posting is made against Department wise vacancies. In some Departments, there is smooth channel and as such the employees posted there from the common list get frequent promotion and thereby get regular increase in their pay as well. Whereas the person posted in other Departments from the common list get no promotion since there is no avenue even after completion of years service. As a result of implementation of ACP an LDC who become eligible for promotion to the post of UDC after completion of 8 years service and was not get any promotion due to lack of avenue till then has started getting benefits equivalent to promotion. This to an extent gave relief to majority employees in Government of India Departments. But introduction of MACP with the provision of granting next Grade pay on completion of 10, 20 and 30 years of service an LDC with Rs Grade pay who have a of Rs Grade pay gets only Rs Grade pay on completion of 10 years service. Similarly a UDC who has of Rs Grade pay will only get Rs Grade pay i.e. the loss of an amount of Rs plus DA plus HRA per month. Thus introduction of MACP on next Grade pay, affected to majority of Central Government employees defeated the entire objective of introduction of ACP/MACP. It is illegal against natural law to deprive benefits to certain staff which have been already availed by others. By not taking any serious action to combat the situation Government is adopted delaying tactics to kill the time till next Pay Commission. In view of above, the SLP filed by the Union of India (represented by DoP&T) does not bear any merit and deserve to be dismissed in the eye of equity and justice. Prepared by: National Federation of Atomic Energy Employees

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