Grant of 3rd MACP on completion of 20 years after 1st promotion OR 10 years after 2nd promotion Or 30 years after appointment – whichever is earlier: Clarification sought by IRTSA

INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION 

(Estd. 1965, Regd. No.1329, website http://www.irtsa.net ) 

Date: 22-10-2012

Sub: MACPS – Reg: Grant of third financial upgradation under MACPS on completion of 20 years of service from the first promotion OR 10 years after second promotion Or 30 years after regular appointment – whichever is earlier. 

Ref: 1. RBE No.101/2009, No.PC-V/2009/ACP/2, dated – 10.06.2009, 

2. RBE No.143/2010,No.PC-V/2009/ACP/2 dated – 29.09.10 

3. Railway Board’s letter No: PC-V/2009/ACP/2, dated – 29.12.2011 

4. Office of CPO/ICF letter No. PB/S2/MACP, dated – 21/01/2010. 

1. We bring to your kind notice the need for issuing a clarification about granting of 3rd Financial up gradation under MACP after completion of 20 years from the first promotion as per Railway Board’s orders and clarifications cited above reg: Modified Assured Career Progression Scheme (MACPS).

2. As per Board’s letter dated – 10.06.2009 cited above vide para 28, in the illustration – a Railway servant is eligible  to get the 3rd financial up-gradation under MACPS before the completion of 30 years of service from the date of initial appointment. The illustration shows that 3rd financial upgradation under MACPS shall be granted on completion of 8+10+10 = 28 years. – Annexure – I. 

3. Again in the illustration shown in the para-5 of the same letter referred above it is stated that 

“Promotions earned/upgradation granted under the (old) ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under MACPS” and clearly illustrates that service rendered prior to 1.1.2006 should be counted for financial upgradation under MACPS. – Annexure – II. 

4. Clarification on grant of third financial upgradation after the completion of 30 years from the initial appointment has been issued by Railway Board by vide RBE No.143/2010,No.PC-V/2009/ACP/2, Dated 29.09.10, only to extend the financial upgradation to those employees who got two financial upgradations in 24 years, in the old ACP scheme without waiting for completion of 10 years from the date of their second financial upgradation on the old ACP scheme. This has been clarified in the point of doubt number -3 in the Railway Board’s letter. But for this clarification these employees would be eligible for their 3rd financial upgradation on completion of 34 years of service from the date of initial appointment. – Annexure – III. 

5. This principle has been emphasized in Railway Board’s letter No: No.PC-V/2009/ACP/2, dated 29.12.2011. – Annexure – IV.

6. Some Zonal Railways / Production Units – without understanding the principle of 3 financial upgradations, which can happen well before the completion of 30 years of service from the date of initial appointment – are denying the benefit of 3rd financial upgradation on completion of 20 years of service from the date of first promotion, that is, granting 2nd Financial up gradation after the completion of 10 years from the first promotion received by the employee and subsequent 3rd Financial up gradation after the completion of 10 years from the second financial upgradation received by the employee including the service rendered by them prior to 1.1.2006 in the (old) ACP scheme. 

7. One example of denial of 3rd financial upgradation after the completion of 20 years of service from the date of first promotion, ignoring the service rendered prior to 1.9.2008 at Integral Coach Factory, Chennai – is attached in Annexure – V.

8. It is, therefore, requested to issue clarification to all Zonal Railways & Production Units to “Grant third financial upgradation under MACPS on completion of 20 years of service from the first promotion OR 10 years after second promotion Or 30 years  after regular appointment – whichever is earlier.” 

Yours’ faithfully, 

sd/-

Harchandan Singh, 

General Secretary, IRTSA

ANNEXURE-I

Annexure-II 

5. Promotions earned/upgradation granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS. 

Illustration: 

The pre-revised hierarchy (in ascending order) in a particular organization was as follows:-

Rs.5000-8000, Rs.5500-9000 & Rs.6500-10500. 

(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000-8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006,in his case as on 1.1.2006he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500. 

(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs.5500-9000 & Rs. 6500-10500 during this period. 

ln the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006will be ignored on account of  merger  of  the  pre-revised  scales  of  Rs. 5000-8000,  Rs. 5500-9000  and  Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2. 

Annexure-III

Sub: Modified ACP Scheme (MACPS) for Railway employees- Clarification regarding. RBE 

No.143/2010,No.PC-V/2009/ACP/2, Dated 29.09.10. 

In continuation to Board’s letter of even number dated 10.06.2009 notifying the Modified ACP Scheme for railway employees, point-wise clarifications on certain issues pertaining to the MACPS, as received from the Department of personal & Training are indicated below: 

1. Point of Doubt: Whether the Pay Band would change in the hierarchy of Pay Bands & Grade Pay on the grant of the benefits under MACPS? 

Clarification: The up-gradation under MACPS are to be granted in the immediate next higher grade pay in the hierarchy of the recommended revised pay band and grade pay as prescribed in the RS(RP) Rules,2008. 

2. Point of Doubt: Whether the benefits of MACPS would be allowed to the Railway servants who have been later on inducted in the organized Group ‘A’ service? 

Clarification: No. The benefit under MACPS is not applicable to Group ’A’ officer of organized Group ‘A’ service, as the officer under organized Group ‘A’ service have already been allowed partly of two years on non-functional basis with the officers of Indian Administrative service (IAS). 

3.  Point  of  Doubt How will the benefits of ACP granted, if due between 01.01.2006 and 31.08.2008? 

Clarification: The new MACPS has come into existence w.e.f.01.09.2008. However, the pay structure has been changed w.e.f. 01.01.2006. Therefore, the previous ACPS would be applicable in the new pay structure adopted w.e.f. 01.01.2006. Para 6.1 of Annexure-I of MACPS is only for exercising option for coming over to the revised pay structure and not for grant of benefits under MACPS. The following illustration would explain the position. 

(A) In the case of isolated post: Date of appointment in entry Grade in the pre-revised pay scale of Rs.4000-6000: 01.10.1982. 

1st ACP granted on 01.10.1999: Rs.4500-7000 (pre-revised) 

2nd ACP due on 01.10.2006: Rs.5000-8000 (pre-revised) (revised PB-2 Grade Pay of Rs.4200). 

3rd financial up-gradation under the MACPS would be due on 01.12.2012 (on completion of 30 years of  continuous  regular  service)  in  the  immediate  next  higher  grade  pay  in  the  hierarchy  of recommended revised pay band and grade pay i.e. Grade Pay of Rs.4600 in PB-2. 

(B) In case of normal promotional hierarchy: Date of appointment in the pre-revised pay scale of Rs.5500-9000: 01.10.1982. 

1st ACP granted 01.10.1999: Rs.6500-10500 (pre-revised) 

2nd ACP due 01.10.2006 (as per the existing hierarchy): Rs.10000-15200 (pre-revised). Therefore 2nd ACP would be in PB-3 with Grade Pay of Rs.6600 (in terms of hierarchy available): 

3rd financial up-gradation under MACPS would be due on 01.10.2012 in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay of Rs.7600. 

4. Point of Doubt: Whether the benefits of MACPS would be granted from the date of entry grade or from the date of their regular service/approved service counted under various service rules? 

Clarification: The benefits under MACPS would be available from the date of actual joining of the posts in the Entry grade. 

5. Point of Doubt: In a case where a person is appointed to an ex-cadre post in higher scale on deputation followed by absorption, whether the period spent on deputation period would be counted as continuous service in the grade or not for the purpose of MACPS? 

Clarification: (i) Where a person is appointed on direct recruitment/deputation basis from another post in the same grade, then past regular service as well as past promotions/ACP, in the earlier post, will be counted for computing regular service for the purpose of MACPS in the new hierarchy. 

(ii) However, where a person is appointed to an ex-cadre post in higher scale initially on deputation followed by absorption, while the service rendered in the earlier post, which was in a lower scale cannot be counted, there is no objection to the period spent initially on deputation in the excadre post prior to absorption being counted towards regular service for the purpose of grant of financial up-gradation under MACPS, as it is the same Pay Band/Grade Pay of the post. 

6. Point of Doubt: Whether the pay scale/Grade Pay of substantive post would be taken into account for appointment/selection to a higher post on deputation basis or the pay scale/grade pay carried by a Railway servant on account of financial up-gradation(s) under ACP/MACP Scheme? 

Clarification: The pay scale/grade pay of substantive post would only be taken into account for deciding the eligibility for appointment/selection to a higher post on deputation basis. 

7. Point of Doubt: In a case where 1st/2nd financial up-gradation are postponed on account of the employees not found fit or due to departmental proceedings, etc., whether this would have consequential effect on the 2nd/3rd financial up-gradation or not? 

Clarification: Yes. If a financial up-gradation has been deferred/postponed on account of the employee not found fit or due to departmental proceedings, etc, the 2nd/3rd financial up-gradation under MACPS would have consequential effect. (para 18 of annexure-I of MACPS referred). 

8. Point of Doubt: In a case where the Railway servant has already earned three promotions and still stagnated in one grade for more than 10 years, whether he would be entitled for any further up-gradation under MACPS? 

Clarification: No. Since the Government servant has already earned three promotions, he would not be entitled for any further financial up-gradation under MACPS. 

9. Point of Doubt: Whether the pre-revised pay scale of Rs.2750-4400 in respect of Group-‘D’ non-matriculate employees, would also be taken as merged to grade pay of Rs.1800 for the purpose of MACPS in view of merger of pre-revised pay scales of Rs.2550-3200, Rs.2610-3540, Rs.2610-

4000 and Rs.2650-4000, which have been upgraded and replaced by the revised pay structure of grade pay structure of grade pay of Rs.1800 in the pay band PB-I? 

Clarification: Yes. 

10. Point of Doubt: If a Railway servant on deputation earns up-gradation under MACPS in the 

parent cadre, whether he would be entitled for deputation (duty) allowance on the pay and 

emoluments granted under the MACPS or not? 

Clarification: No. While eligibility of an employee for appointment against ex-cadre posts in terms of the provisions of the RRs of the ex-cadre post will continue to be determined with reference to the post/pay scale of the post held in the parent cadre on regular basis (and not with reference to the higher scale granted under ACPS/MACPS), such an officer, in the event of his selection, may be allowed to opt to draw the pay in the higher scale under ACP/MACP Scheme without deputation allowance during the period of deputation, if it is more beneficial than the normal entitlements under the existing general order regulating pay on appointment on deputation basis. 

11. Point of Doubt: Since the pay scales of Group-‘D’ employees have been merged and placed in the Grade Pay of Rs.1800. whether they are entitled for grant of increment @ 3% during pay fixation at every stage. 

Clarification:  Yes. On the analogy of point 22 of Annexure-I of MACPS, the pay of such Group‘D’ employees who have been placed in the Grade Pay of Rs.1800 w.e.f. 01.01.2006 shall be fixed successively in the next three immediate higher grade pays in the hierarchy of revised pay bands and grade pays allowing the benefit of 3% pay fixation at every stage. 

Annexure-IV 

GOVERNMANT OF INDIA 

MINISTRY OF RAILWAYS 

(RAILWAY BOARD) 

In Board’s office several references from Zonal Railways have been received seeking clarification regarding admissibility of financial upgradation under MACP Scheme. 

In this connection, attention is invited to para-1 of Annexure to Board’s letter dated 10-06-2009 (RBE No.101/2009), wherein it is mentioned that the MACP Scheme envisages three financial upgradations counted from the direct entry grade on completion of 10, 20 and 30 years of regular service respectively. Financial upgradation under the scheme is admissible wherever an employee spent 10 years continuously in the same grade Pay. It is, thus, evident that 1st financial upgradtion would be admissible on completion of 10 years of regular service from the date of actual joining of the post in the entry grade, 2nd financial upgradation on completion 20 years service from the date of initial appointment or 10 years from the date of 1st financial upgradation/promotion, which ever is earlier and 3rd financial upgradation would be admissible on completion of 30 years service from the date of initial appointment or 10 years from the date of 2nd financial upgradation/promotion, whichever is earlier, if the employee has not earned three promotions in thirty years span of regular service. 

Further, the illustration under para-28 also demonstrates that 1st financial upgradation would be admissible on completion of 10 years of service from the date of actual joining of post in the entry grade, 2nd financial upgradation on completion of 20 years of service from the date of initial appointment or 10 years from the date of 1st financial upgaradtion/promotion, whichever is earlier and 3rd financial upgradtion would be admissible on completion of 30 years service from the date of initial appointment or 10 years from the date of 2nd financial upgardation/promotion, whichever is earlier. 

It is therefore, advised that financial upgardation under MACP Scheme may be regulated strictly as per the stipulations contained in Board’ letter of even number dated 10.06.2009 (RBE No. 101/2009) 

-Sd-

(N.P.Singh) 

Dy.Director, Pay Commission-V 

Railway Board 

Annexure-V 

Example for Denial of 3rd financial upgradation under MACPS after the completion of 20 years of service from the first promotion. 

In one example case, Sri.R.Muthukumaran absorbed as JE-II w.e.f. 06.08.1982 has got his regular promotion as Section Engineer w.e.f 20/09/1989. He has been given the second Financial up gradation in the GP Rs.4800 w.e.f. 1.9.2008 ie, the implementation date of Board’s order cited in reference 1. But he has completed the service of 19 years after receiving his first regular promotion. 

The request for his third financial up gradation w.e.f 21.09.2009 as shown in the table below (20 years from the date of first regular promotion) has been turned down by misinterpreting the para 28(A) (i) & (ii).

	Designation	Grade Pay	Date of promotion or financial upgradation	No. of years from previous promotion or Financial Up-gradation	Cumulative year of service
Entry Grade	Junior Engineer	Rs.4200	6/8/1982
First regular Promotion	Section Engineer	Rs.4600	20/09/1989	7 years	7 years
2nd Financial Up gradation		Rs.4800	1/9/2008              (implementation date of Board’s order quoted in Ref: 1)	19 years	26 years
				It should be taken as happened on 21.09.1999, i.e 10 years from the date of first promotion.
Eligibility for 3rd Financial Up gradation		Rs.5400	21/09/2009	1 year    (20 years from the First regular promotion)	27 years