Cases pending or decided by Hon’ble High Courts/Tribunals regarding preponement of effective date of Modified Assured Career Progression (MACP) Scheme
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated; 30th September, 2020
Sub:- Cases pending or decided by Hon’ble High Courts/Tribunals regarding preponement of effective date of Modified Assured Career Progression (MACP) Scheme – reg.
The undersigned is directed to say that the matter relating to grant of benefits w.e.f. 01.01.2006 instead of w.e.f. 01.09.2008 under the MACP Scheme to civilian Central Government employees is presently sub-judice before the Hon’ble Supreme Court of India in a number of cases tagged with SLP Nos. 10811-10813/2018 in the matter of Union of India Vs. Shri Ranjit Samuel, and that all similar matters are being heard together by the Hon’ble Apex Court.
2. A large number of references are being received in this Department based on orders of the Hon’ble Tribunals (CAT Benches) and Hon’ble High Courts seeking advice on implementation of such orders allowing grant of benefits under the MACP Scheme from 1.1.2006, as against 1.9.2008, the date provided in the MACP Scheme.
3. Since such orders of Hon’ble Tribunals/High Courts are at variance with the extant MACPS guidelines and for the fact that the primary issue of date of effect of MACPS is sub judice before the Hon’ble Supreme Court of India, this Department is constrained to advise various Ministries/ Departments to either seek review or agitate the matter in higher courts, by challenging such orders.
4. Accordingly, Ministries/Departments are, therefore, advised to defend such cases or challenge the orders (where decision has been taken by the Hon’ble Tribunal/High Court) contrary to MACPS guidelines, by bringing the fact that the issue is pending before the Hon’ble Supreme Court of India, to the notice of Hon’ ble Tribunals/High Courts.
Under Secretary to the Government of India
Mr. B. K. Gautam Scientist B CWPRS Khadakwasla Pune 411024 says
All dopt orders are silent on NFG granted to cwprs Ministry Of Jal Shakti where a r o granted NFC and denied third MCP on completion of 30 years of regular service the ministry is counting NFG as one financial upgradation under m a c p arbitrarily and dopt is silent .
I was granted 2nd ACP on completion of 24 years of regular service on 21st July 2008 and I am in level 10 till date. I feel injustice, my case has been become an unique case where I got two promotions and one NFG and all benefits of second ACP has been subsumed and I am at loss . I feel I am eligible for third MCP since 21st July 2014, being my date of joining is 21 July 1984 and retiring on 31st July 2022 ,interestingly I am in level 10 since 21 July 2008
Is dopt hearing ??????
please do something for me I feel that my qualifications are ignored I am Mtech a civil engineer, hydrologist and served as an Overseer, where are my counter parts in CPWD are placed in level 12 on completion of 30 years solely with diploma in civil engineering qualification whereas I have completed my AMIE and M tech after diploma in civil engineering I am fail to understand that neither ministry nor dopt is listening the play of applicants like me
The plea given by the Dopt . that to give effect to MACP to civilian staff from 1.1.2006 instead of 1.9.2008 would mean to against govt. policy is totally baseless & arbitrary to the provisions of Article 14 & 16 of constitution of India & also the spirit of the recommendations of 6th CPC . Now the question arises as to why the central civil employees are compelled to go to the court of law on the subject in order to seek justice because the govt. policy in one & the same matter is discriminatory for various central employees which constitutes injustice. Hon,ble Supreme Court of India already gave its verdict in favour of employees, but despite that the Dopt . is not considering the matter.