The Record note on the meeting of Joint Committee on MACP held on 15.03.2011.
The third meeting of joint committee on MACP was held today i.e 15.03.2011. This meeting was held at the specific request by the Secretary Staff Side, National Council JCM to review the decision taken in the earlier meetings in which all items had been discussed.
Item Nos. 1,3,8,9 and 29: Grant of financial up-gradation in the promotional hierarchy instead of grade pay hierarchy under MACP Scheme
The Staff Side pressed this demand on the ground that the ACP 1999 had become a service condition in respect of all those who were in service as on 31st August 2008. The MACP Scheme being less advantageous could not be imposed upon them. They stated that to resolve this anomaly, the first 2 ACPs may be continued in the promotional hierarchy to be granted after 12 and 24 years of service from the date of induction, the third ACP on completion of 30 years service may be in the grade pay hierarchy. The official Side did not agree with this proposal. The Staff Side then pointed out that the introduction of MACP Scheme in grade pay hierarchy 10, 20, 30 years of service from the date of induction will result that certain cadres would be placed in the grade pay which are not sanctioned in the structure of the departments and therefore it can not be treated as career progression at all. The official Side wanted the particulars of those cadres which are going to face this problem, so that they could consider how to overcome such anomalies. The Staff Side agreed to provide the necessary information and departments concerned may also be asked to provide such information.
Item Nos. 2, 10 and 48: The Staff Side also pressed for introducing MACP Scheme with effect from 1.1.2006 so that those who did not get any benefit under old ACP could atleast get the MACP scheme benefit before their retirement during the period from 1.1.2006 to 31.8.2008. The Official Side stated that this item has been closed and concluded and can not be allowed to be opened / reviewed. The Staff Side then stated that they would like to raise this issue in the meeting of National Anomaly Committee as the joint Committee on MACP Scheme is sub committee of the National Anomaly Committee. The Official Side stated that this may be raised as afresh item in the National Anomaly Committee. The Staff Side also wanted that the option to choose ACP or MACP should be given to the individual employees and not the Department. The Official Side also did not agree to reopen this issue which has been concluded in the last meeting.
Item No. 57: Ignoring the placement of Artisans of Ministry of Defence from HS grade II to HS grade I for the purpose of MACP Scheme.
The Staff Side pointed out that this restructuring by keeping 50% of Artisans in the HS grade I and placing 50% in the HS grade II was by way of placement and therefore it could not be treated as promotion. The Staff Side cited Supreme Court ruling to this effect. However the Official Side did not agree with this. The case of restructuring in IA & AD in 1984 and in organized accounts were also cited in which it was clearly stated that those who are in the higher grade would be treated as placement only those who are promoted later on against vacancies would be treated as promotion. The official Side view was that only in those cases where the entire cadre is placed in the higher pay scale it would not be treated as promotion. This matter will also have to be raised in the meeting of National Anomaly Committee.
The Staff Side pointed out that this restructuring by keeping 50% of Artisans in the HS grade I and placing 50% in the HS grade II was by way of placement and therefore it could not be treated as promotion. The Staff Side cited Supreme Court ruling to this effect. However the Official Side did not agree with this. The case of restructuring in IA & AD in 1984 and in organized accounts were also cited in which it was clearly stated that those who are in the higher grade would be treated as placement only those who are promoted later on against vacancies would be treated as promotion. The official Side view was that only in those cases where the entire cadre is placed in the higher pay scale it would not be treated as promotion. This matter will also have to be raised in the meeting of National Anomaly Committee.
Items Nos. 11, 15, 22, 39, 47 and 51: Promotion in identical Grade Pay.
The decision that the normal promotions are in the same grade pay, they cannot be ignored for purpose off MACP Scheme and the specific cases would be examined separately.
Item Nos. 12, 30 and 49: Employees appointed limited competitive examination from lower to higher post may treated as direct recruits in the higher post ignoring the service in the lower posts.
The matter is still being considered with reference to old ACP scheme clarification.
The matter is still being considered with reference to old ACP scheme clarification.
Item Nos. 13, 32, 38, 44, 50 and 58: Counting of old service in the new establishments for the purpose off MACP. And Item Nos. 21, 27, and 28:
Benchmark for financial up gradation under MACP. Orders have been issued on 1.11.2010.
Benchmark for financial up gradation under MACP. Orders have been issued on 1.11.2010.
It was agreed that action taken statement would be finalized and circulated so that further discussion thereon can take place in the meeting of National Anomaly Committee.
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