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| Date | 2020-03-05 |
|---|---|
| Type | Commercial Circular |
| Topic | ticket-checking |
| Currency | Currency not verified |
Order of Hon’ble Supreme Court of India dated 05.03.2020 in SLP (C) No.21803/2014 Uol Vs. M.V. Mohanan Nair & Ors. regarding benefits in promotional hierarchy under MACP Scheme - other issues arising out of Order dated 05.03.2020 — regarding grade pay of Rs.1800/-, shall be ignored for the purpose of the MACPS.
F.No.22034/4/2020-Estt.(D) Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training se ok के North Block, New Delhi-110001 Dated; 05" April, 2021 OFFICE MEMORANDUM Subject: Order of Hon’ble Supreme Court of India dated 05.03.2020 in SLP (C) No.21803/2014 Uol Vs. M.V. Mohanan Nair & Ors. regarding benefits in promotional hierarchy under MACP Scheme - other issues arising out of Order dated 05.03.2020 — regarding. The undersigned is directed to refer to this Department’s O.M. of even number dated 23.03.2020, which was issued as per Order dated 05.03.2020 of the Hon’ble Supreme Court of India in SLP (C) No.21803/2014, Uol Vs. M.V. Mohanan Nair & Others wherein the Hon’ble Apex Court had held that benefits under the Modified Assured Career Progression Scheme (MACPS) cannot be granted in the promotional hierarchy, and that it would be in the standard hierarchy of Grade Pay/Pay Levels in the Pay Matrix as per the existing MACP guidelines. 2. The Hon’ble Apex Court, in para 53 of aforementioned Order dated 05.03.2020, further directed that some anomalies, which were brought before the Joint Committee, constituted in Department of Personnel & Training (DoP&T) to examine the MACPS, as indicated in paras 47 to 50 of the Order dated 05.03.2020, be considered as deemed appropriate, and a decision taken in accordance with law. 3. Accordingly, in compliance of the directions of Hon’ble Apex Court, as indicated in paras 47 to 50 of the Order dated 05.03.2020, the issues arising out of deliberations of the Joint Committee constituted to examine the MACP Scheme, and which were not finally disposed of, have been examined in consultation with Department of Expenditure. It is also to be noted that revised guidelines on MACPS, as per recommendations of the 7" CPC, have been issued vide DoP&T’s OM No.35034/3/2015-Estt.(D) dated 22.10.2019. 4, The decisions taken on these issues, item-wise, are as follows: Item No. 1: To provide Grade Pay of the next promotional post under the MACPS (Item No.1 of Minutes of the meeting of Joint Committee held on 15.09.2010). Item No. 2: Anomaly on introduction of the MACPS - Option may be given to the employees to continue in the old ACP Scheme even after 01.09.2008 (Item No. 8 of Minutes of the meeting of Joint Committee held on 15.09.2010). Item No. 3: Continuation of the ACP Scheme beyond 31.08.2008 by giving an option to choose either benefits under the ACPS or the MACPS, whichever is more beneficial (Item No.3 of Minutes of the meeting of Joint Committee held on 15.09.2010). Decision: The issue of grant of benefits in the standard hierarchy of Grade Pays/Pay Levels as per the MACPS guidelines has already been settled by the Hon’ble Apex Court in its Order dated 05.03.2020. Moreover, the matter of replacement of the ACPS with MACPS has also been settled by the Apex Court. As such, as clarified to the staff side vide letter dated 4.11.2013, the solution lies in cadre review to address issues relating to stagnation. Therefore, the demands of the Staff Side for grant of benefits in the promotional hierarchy or continuation of the ACPS beyond 31.08.2008 by giving option to either choose between ACPS or MACPS, whichever is more beneficial; cannot be agreed to. Hence, action on these items is treated as closed, 1/3 +e) Item No. 4: Decision: Item No. 5: Decision: Item No. 6: Decision: Item No. 7: Decision: Item No. 8: Revision of date of introduction of the MACPS (Date of Effect) — Date of effect of the MACPS to be made as 01.01.2006, instead of 01.09.2008 as provided in the scheme (Item No.2 of Minutes of the meeting of Joint Committee held on 27.07.2012). The issue is presently sub-judice before the Hon’ble Apex Court in SLP Nos. 10811- 10813/2018 in the matter of Uol Vs. Ranjit Samuel. Hence, no decision can be taken at this stage. As and when the main and tagged cases are disposed of by the Hon’ble Apex Court, the decision would be communica
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