Anomalies in MACP Scheme – IRTSA

IRTSA represents to Railway Board on seven Anomalies in MACP Scheme

Indian Railways Technical Supervisors Association has submitted list of anomalies in MACP Scheme to the Railway Board.

INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION
(Estd. 1965, Regd. No.1329, Website http://www.irtsa.net)

No:IRTSA/ RB-Memo/2015-3

 Date: 18-5-2015

MEMBER STAFF,
Railway Board,
Rail Bhawan, New Delhi.

Respected Sir

Sub: Anomalies in MACP Scheme

Ref : Railway Board’s letter No 2013/E(LR)II/1/17 dated 12.05.2015

We bring to your kind notice following anomalies in the Modified Assured Progression Scheme (MACPS) for its redressal and may please be discussed in the meeting of Federations with Railway Board.

Thanking You

Yours’ faithfully,
Harchandan Singh,
General Secretary, IRTSA

1. Sub:- Counting of initial Training period for MACPS.

Non-inclusion of training period for the purpose of financial up-gradation under MACPS, discriminates the Technical employees compared to the non-technical employees recruited in the same Scale of Pay/Grade Pay in the same period, defeats the basic spirit of Railway Board’s letter No.E(NG)I/90/1C1/1, Dated 04.02.1991 in removing the disadvantageous position of Technical employees in getting their annual increment, pensionary benefits, pass eligibility, qualifying service for LDCE examinations etc.

It is, therefore requested, that the training period of Junior Engineers (JEs), Senior Section Engineers (SSEs), CMA , CMS on Railways be counted as regular service for the purpose of ACPS/ MACPS.

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2. Sub:- Grant of Financial up-gradation under MACPS to the direct recruit Graduate Engineers in Design & Drawing Cadre – Considering entry grade pay as Rs.4600 for the purpose of MACP to all the directly recruited Engineering Graduates in Design/Drawing cadre

a. The Engineering Graduates in Design cadre / workshop cadre were recruited in the scale of Rs.1600-2660. Subsequently in the work shop cadre the Engineering Graduate recruitment was upgraded to the scale of Rs.2000-3200 which was revised to Rs.6500-10500 in fifth CPC. Where as in Design cadre it was in the scale of Rs.5500-9000 for a brief period and subsequently upgraded to Rs.6500-10500 w.e.f.1.9.1998. (Reference:- Railway Board’s letter No. PC-V/97/l/11/3, dated 28.09.1998). After the upgradation of entry level from Rs.5500-9000 to Rs.6500-10500, Graduate Engineers recruited in the pre-revised scale of Rs.5500-9000 were promoted to Rs.6500-10500 in the following methods,

i. Chance had been given to the Graduate Engineers recruited in the pre-revised scale of Rs.5500-9000 to get promoted to through the LDCE selection to the pre-revised scale of Rs.6500-10500 to the extent of available DR vacancies.

ii. Those who could not be accommodated in DR quota vacancies (since very limited number of DR vacancies were available) got their promotion to Rs.6500-10500 scale on regular promotional vacancies.

iii. Besides two categories mentioned above, some of the Engineering Graduates recruited in the pre-revised scale of Rs.5500-9000 and promoted to Rs.6500-10500 prior to 1.9.1998 were also available.

b. After the implementation of Sixth Pay Commission recommendations entry grade pay for Engineering Graduates in the Design cadre /Workshop cadre is fixed as Rs.4600.

c. While implementing the MACPS order the Engineering Graduates recruited before 1.9.1998 has been treated as entrant to the Grade pay of Rs.4200. This has clearly placed the pre 1.9.1998 appointed Engineering Graduates in a disadvantageous position vis-a-vis the fresh entrant recruited after 1.9.1998 who will be getting Grade Pay of Rs.4600. This is against the natural justice and the basic spirit of motivational element in the MACP. Engineering Graduates who were all appointed prior to 1.9.1998 will be getting financial upgradation one grade below than that of those appointed after 1.9.1998

d. Even the clarification issued by Railway Board vide RBE No:93/2011, dated 20.06.2011, to treat the Engineering Graduates (recruited in the pre revised scale of Rs.5500-9000) as fresh recruits from the date of promotion to the pre revised scale of Rs.6500-10500 has created a new anomaly since the service spent before the upgradation to the pre revised scale of Rs.6500-10500 is not accounted for MACPS. Even this unsupportive letter has given the clarification only to those Graduate Engineers upgraded through LDCE selection cited in para-a.i.

e. There was no clarification given for those Graduate Engineers recruited in the pre-revised pay scale of Rs.5500-9000 and promoted to Rs.6500-10500 prior to 1.9.1998 cited in para-a.iii and for those Graduate Engineers who were promoted on regular promotional vacancies cited in para-a.ii.

f. For grant of Financial Upgradation to Pharmacists, in the clarification issued by the Railway Board through its letter No: PC-V/2011/M/4/NFIR, dated 25.09.2013, it was stated that, “Evidently there is no change in direct recruitment / entry grade of pharmacists. Further, in terms of policy instructions on MACPS entry grade is the grade which employee has joined on direct recruitment basis. Since there was no change in direct recruitment grade / entry grade, the demand to treat Grade Pay of Rs.4200 / PB-2 as entry grade for the purpose of MACPS for Pharmacists category is not feasible for acceptance”.

g. But, in case of Design / Drawing category, the direct recruitment grade / entry grade with the Graduate in engineering qualification was changed from the pre-revised scale of Rs.5500-9000 to Rs.6500-10500.

Since evidently there is a change in direct recruitment / entry grade of Engineering graduates in design /drawing cadre, it is requested to treat Grade Pay of Rs.4600-PB-2 as entry grade for the purpose of MACPS for all the direct recruited Engineering Graduates (numbering less than 100 in Railways) recruited before 01.09.1998 by ignoring the promotion earned from the pre-revised pay scale of Rs.5500-9000 to Rs.6500-10500.

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3. Sub:- “Grant of third financial up-gradation 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.

i. 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.

ii. 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.

iii. 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.

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

v. 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.

vi. 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.“

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4. Sub:- Grant of financial up-gradation under MACP Scheme on promotional hierarchy (instead of Grade Pay hierarchy) – as per judgment of various Courts.

Ref: 1. DOP OM No.35034/3/2008-Estt. (D), dated 19th May, 2009, Reg: Modified  Assured Career Progression Scheme [MACPS]

2. RBE No: 101/2009 RE. No PC-V/2009/ACP/2, dated 10-06-2009, Reg: MACPS for Railway employees.

3. OA No.1038/CH/2010, dated 31.5.2011 – Rajpal Vs UOI. – Referred in para 4 & 5 of CAT Delhi OA No.904/2012, dated 26.11.2012

4. CWP No.19387/2011, dated 19.10.2011 – Rajpal Vs Union of India – in High Court of Punjab & Haryana upholding OA No.1038/CH/2010-Referred in para 6 of CAT Delhi OA No.904/2012, dated 26.11.2012

5. OA No.904/2012, dated 26.11.2012 – Sanjay Kuamr and 18 others Versus Union of India – in CAT Delhi, (Copy attached).

i. The said orders for granting the financial up-gradation under MACPS on Grade Pay hierarchy instead of promotional hierarchy is totally unjust and ultra-vires.

ii. Many courts have held that Financial Upgrading under MACPS should be granted in the promotional grade pay or promotional hierarchy, as per details submitted here below: