Regarding all service matters of Central Government Employees , the DOPT is the nodal department and its decisions pertaining to service matters are to be abide by all the departments of Central Government. Similarly as regards Pay matters Department of Expenditure is the nodal department. Generally whenever any grievance is being raised by any association, the administrative department recommends the grievances favouably for redressal to the concerned nodal department. But recently CBEC does not recommend any issue to the concerned nodal departments for proper redressal of the grievances raised by staff Associations functioning under CBEC. But in all other administrative departments this procedure is still existed. Recently the Secretary Ministry of Urban Development has recommended to DOPT for ALLOWING INDIVIDUAL OPTION TO CHOOSE EITHER ACPS OR MACPS BY THE EMPLOYEES-
Secretary to the Government of India. Ministry of Urban Development Nirman Bhavan, New Delhi-1101
Secretary to the Government of India. Ministry of Urban Development Nirman Bhavan, New Delhi-1101
Copies of the D.O. letters dated 13.08.2013 & 01.10.2013 written by the Secretary, Ministry of Urban
Development to the Secretary, DOPT for allowing individual option to
choose either earlier ACPS or MACPS by the employees are posted hereunder.
D.O. No. 55/4/2-13-S&D
Dated 13-08-13
Dear Dr.Sayamal,
Issue of redressal of anomalous and disadvantageous provisions of MACPS
for the Subordinate Engineering cadre and similarly placed cadres of
CPWD has been taken up with DoPT through several proposals since the very
inception of the scheme but none of the proposals has found favour.
This has resulted in great discontent to the Subordinate Engineering
cadre of CPWD.
Above issue was also discussed with you informally on 1.8.2013. It was
apprised that individual option to choose either earlier ACPS or MACPS
by the employee is the only solution to cater to the concerns of all
individuals. A proposal of this Ministry in this regard under
consideration in DoPT.
As the matter concerns above 6000 subordinate Engineers of CPWD, I would
request that they may be allowed to exercise their individual option to
choose either earlier ACPS or MACPS. This will not only alleviate the
discontent in the cadre but also avoid cropping up of the court cases.
With regards
Yours sincerely
sd/-
(Sudhir Krishna)
Dr. Syamal Kumar Sarkar
Secretary(Personnel)
Department of Personnel & Training
M/o Personnel Public Grievances and Pensions
North Block.
New Delhi
D.O. No. 55/4/2-13-S&D/8
Dated 01 Oct 2013
Dear Dr. Sarkar,
Kindly refer to my DO letter of even No dt. 13.8.2013 in connect:on with
redressal of disadvantageous provisions of MACPS for the Subordinate
Engineering cadre and similarly placed cadres CPWD.
The proposal sent by this Ministry in Jul'2013 for allowing individual
option to choose either earlier ACPS or MACPS by the employee is a
balanced and just one and caters to the concerns of all individuals.
DoPT must not have any reservation in accepting the same since change
of the scheme by the Government should not be to the disadvantage of the
individual employee.
Already many court cases for review of the MACPS have cropped in. In
this regard, would like to quote a Court Case (OA No. 275/2013) by some
Assistant Engineers of CPWD for review of MACPS, draft counter reply to
which quoting anomalous end disadvantageous provisions of MACPS was sent
to DoPT for vetting. DoPT has not agreed to the reply and intimated
that reply should be modified by the administrative ministry mentioning
that operation of the both the schemes in the same cadre is against the
provisions of MACPS other words individual option to employees to opt
for either ACPS or MACPS is not permissible.
In this context, I would also bring to the notes that CAT, Chandigarh in
OA No. 1038/2010 has allowed grant of financial upgradations under MACP
in the promotional hierarchy, which has been upheld by Hon'ble High
Court of Chandigarh in CWP 1938712011. Although the the case has not
achieved fatality as the SLP had by the Government the in the Hon`ble
Supreme Court was dismissed though not on merits but on account of non
condonation of delay. Thus by allowing individual option. Government
shall be saved of many expected court cases and possible grant of
financial upgradations in the promotional hierarchy under MACPS.
Discontent in tno cadres is affecting the efficient functioning of the
Department. The problem shall further aggravate, if above proposal of
this ministry does not find favour or DoPT in the circumstances would
once again request to consider the proposal favourably, for allowing
option to choose either ACP or MACPS by the individual.
With regards
Yours sincerely,
sd/-
(Sudhir Krishna)
Dr. Syamal Kumar Sarkar
Secretary (Personnel)
Department of Personnel & Training
M/o Persornnel Public Grievances and Pensions
North Block, New Delhi