Friday 31 August 2012


1) Child Care Leave – A recap and compilation of orders issued 
   2) Reservation for SC/ST Employees in Promotions – Government Postponed the Amendment bill which was to be tabled on 22nd August 2012
 3 ) HRA allowed during Child Card Leave Period – Clarification issued 
   4) All state government employees and pensioners should enroll for Aadhaar Card before October:

Wednesday 29 August 2012

FREQUENTLY ASKED QUESTIONS (FAQS) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS)


Department of Personnel & Training
                                                   Establishment D Section
Doubts
Clarification
Whether the benefits of ACPS would be allowed in respect of isolated cases due between 01.01.2006 and 31.08.2008 where the pre-revised pay scales of Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500 have been merged into single grade pay of Rs.4200 and Rs.4600 respectively w.e.f. 01.01.2006?
Yes. Since the pre-revised Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500 (isolated cases) have been merged into single grade pay of Rs.4200 and Rs.4600 respectively w.e.f. 01.01.2006, the benefits of 1st and 2nd financial upgradations under the ACPS should be considered/allowed in the grade pays of Rs.4600 and Rs.4800 in PB-2, as the case may be, due between 01.01.2006 and 31.08.2008 in respect of isolated cases in terms of para 5 of Annexure-I of MACPS dated 19.05.2009.
In a hypothetical situation cadre hierarchy was as follows:
Rs.5000-8000 (revised GP 4200)
Rs.5500-9000 (revised GP 4200)
Rs.6500-10500 (revised GP 4600)
Rs.7450-11500 (revised GP 4600)
Rs.10000-15200 (revised GP 6600)
(i) What would be the 1 st financial upgradation under the ACPS for a Government employee recruited in pre-revised pay scale of Rs.5000- 8000, who has completed his 12 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008);(ii) What would be 2nd financial upgradation for employee recruited in 5000-8000, who has completed 24 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008)
In terms of clarification given on point of doubt no.3 issued vide DOPT’s O.M. No.35034/3/2008-Estt.(D) dated 9.9.2010, the benefits of ACPS would be applicable in the new pay structure adopted w.e.f. 1.1.2006 in the promotional hierarchy.
(i): Since the pre-revised pay scales Rs.5000-8000 & Rs.5500-9000 have been merged and placed in PB-2 with grade pay of Rs.4200, 1st financial upgradation would be allowed in the grade pays of Rs.4600, subject to fulfillment of promotional norms as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000.Since the pre-revised pay scales Rs.6500- 10500 & Rs.7450-11500 have been merged and placed in PB-2 with grade pay of Rs.4600, 2nd financial upgradation would be allowed in the grade pay of Rs.6600, subject to fulfillment of promotional norms (after framing of RRs post merger) as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000.
(iii) If a Government servant recruited in the pre-revisedpay scale of Rs.5000-8000 has been promoted in the promotional hierarchy in the pre- revised pay scale of Rs.5500-9000 prior to 1.1.2006 (and he has put in 14 years of regular service)then would there be any claim for financial upgradation under ACPS.
(iii): The pre-revised pay scales Rs.5000-8000 & Rs.5500-9000 have been merged and placed in PB-2 with grade pays of Rs.4200 w.e.f. 1.1.2006. Hence, the promotion would be ignored as he has completed his 12 years of regular service and the benefit of 1 st ACP would accordingly be allowed in the promotional hierarchy i.e. in the grade pay of Rs.4600 w.e.f. 01.01.2006.
(iv) If the above Government servant had put in 22 years as on 31.08.2008, then what would be the entitlement in MACP.
(iv): As given above, the 1 st ACP would be in PB-2 grade pay of Rs.4600 after ignoring the previous promotion. Thereafter, since employee has completed more than 20 years of regular service on 01.09.2008, he would be entitled for 2nd financial upgradation under the MACPS in the immediate next higher grade pay of Rs.4800 in PB-2 subject to fulfillment of condition as stipulated in para 17 of Annexure-I of MACPS dated 19.05.2009.

DOPT issued FAQ on MACP Scheme


29 August 2012


DOPT published some important instructions and standing orders through an order regarding MACP Scheme as FAQ.

FREQUENTLY ASKED QUESTIONS (FAQ s) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

1. What is Modified Assured Career Progression Scheme (MACPS) ?
The MACP Scheme for Central Civilian Government Employees is in super session of earlier ACP Scheme. Under the MACP Scheme three financial Up-gradations are allowed on completion of 10,20,30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008, in case no promotion has been earned by the employee during this period.
  
2. From which date the MACPS is effective?
The MACPS is effective W.E.F 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial up gradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)
3. Who are entitled for financial under the MACPS?
The MACPS is applicable to all Central Government Civilian Employees.
  
4. What norms are required to be fulfilled while granting the benefits under MACPS?
The financial up gradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be ‘Very Good’ for financial up gradation to the grade pay of Rs.7600 and above. However, where the Financial up gradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in Para 17 of the Scheme, the benchmark for promotion shall apply to MACP also.
O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010
  
5. Whether Pay Band would be changed at the time of grant of financial up gradation under MACPS?
Yes.
OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010
  
6. Whether the promotions in same grade would be counted for the purpose of MACPS?
The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purpose of MACPS.
  
7. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?
The revised pay structure has been changed W.E.F 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS.
(OM No.35034/3/2008-Estt. dated 9.9.2010)
8. Whether ad hoc appointment would be counted towards qualifying service for MACPS?
No. Only continuous regular service is counted towards qualifying service for the purpose of MACPS. The regular service shall commence from the date of joining of a post in direct entry grade on a regular basis. (Para 9 of the MACPS)
  
9. Whether State Government service shall be reckoned for the purpose of MACPS?
No. Only regular service rendered in the Central Government’s Department/Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. (MACPS, Para 10)
  
10. What are the periods included in the regular service?
All period spent on deputation/Foreign Service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. (Para 11. MACPS)
  
11. How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies?
Procedure prescribed in OM No.35034/3/2010- Estt (D), dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.
  
12. Whether the cases of grant of financial up gradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?
Yes. Since the benefits of ACPS have been discontinued W.E.F. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.
  
13. Whether the past continuous regular service in another Govot.Deptt. In a post carrying same grade pay prior to regular appointment in a new Dep’t. Without a break shall be counted towards qualifying regular service for the purpose of MACPS?
Yes. (Para 9, MACPS)
  
14. Unto what grade pay the benefits under the / MACPS is allowed?
The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)
  
15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500) merged W.E.F. 01.01.2006 are to be decided under MACPS?
The cases would be regulated in accordance with Para 5 of Annexure-I of MACPS. The Ministries/Departments are expected to re-organize cadres and frame common RRs for the post in merged scales.
  
16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) would be viewed as one financial up gradation for the purpose of MACPS?
Yes, in terms of Para 8.1 of Annexure-I 01 MACPS dated 19.05.2009.
  
17. Whether time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS?
No. (Para 13 of MACPS)
  
18. Whether Staff Car Drive Scheme can run concurrently with MACPS?
DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option

19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?
No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees. The placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.
  
20. Whether designation classification or higher status would change on account of financial up gradation under MACPS?
There shall be no change in the designation classification or higher status on grant of financial up gradation under MACPS, as the up gradation under the Scheme is purely personal and merely placement in the next higher grade pay. (Para 16 of Annexure-l of MACPS refers)

21. If a financial up gradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial up gradation?
Yes, this would have consequential effect on the subsequent financial up gradation, which would also get deferred to the extent of delay in grant of financial up gradation. (MACPS, Para 15)
  
22. Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial up gradation under MACPS?
No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS.
Para 10 of OM dated 19/5/2009
  
23. Whether the regular service rendered by an employee if declared surplus in his/her organization and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS?
Yes. (refer Para 23 of Annexure-l of MACPS)
  
24. In case of transfer including unilateral transfer own request, whether regular service rendered in previous organization/office shall be counted along with the regular service in the new organization for the purpose of MACPS?
Yes. OM No.35034/3/2008-Estt (D) dated 01/11/2010

25. If a regular promotion has been offered but was refused by the employees before becoming entitled to a financial up gradation under the MACPS, whether financial up gradation shall be allowed to such a Government servant?
If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial up gradation, no financial up gradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial up gradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial up gradation. He shall, however, not be eligible to be considered for further financial up gradation till he agrees to be considered for promotion again and the next financial up gradation shall also be deferred to the extent of period of debarment due to the refusal. (Para 25 of MACPS)

Monday 27 August 2012

Prescribed Time Limits for filing Appeal/Petition/Complaint etc., under different Acts/Rules:


Under CCS [CCA] Rules

Actions
Time Limits
For submission of written statement of his defence to the charge sheet
Within 10 days of the receipt of Memorandum [Charge Sheet]
Period of limitation of Appeal
Appeal has to be preferred within a period of 45 days from the date on which a copy of the order appealed against is delivered to the applicant.  However, the Appellate Authority may entertain the appeal after the expiry of that period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
Time limit for disposal of Appeal
Not prescribed, however quicker disposal is insisted by the rules.
Exercising of Revisionary Power by the Appellate Authority
Within six months of the date of the order proposed to be revised. In case, however more than six months have elapsed from the date of the order to be reviewed, the question of recommending a revision by the P&T Board, should be taken up through the respective Heads of Circle and Administrative Officers.
Review of Punishment
Powers vested with the President, can be carried out at any time.
Submission of Revision Petition
An employee may prefer a revision petition to the Revising Authority without submitting an appeal.  If the Revising Authority to whom the revision petition has been preferred is the Appellate Authority, the revision petition should be submitted well before six months of the date of the order sought to be revised.  In so far as a petition for revision to the P&T Board/President is concerned, though CCS [CCA] Rules 1965 do not lay down any time limit, it would be advisable to prefer such petitions within six months of the date of the order sought to be revised.
Review of Suspension
Suspension shall not be valid after 90 days unless it is extended after review before the expiry of 90 days.


Under Consumer Protection Act, 1986:

Actions
Time Limits
For Filing  Complaint in Consumer Forum
The District Forum, the State Commission or the National Commission shall not admit a complaint unless it is filed within 2 years from the date on which the cause of action has arisen.  However, a complaint may be entertained after the period specified above if the complainant satisfies that the District Forum, The State Commission of the National Commission, as the case may be , that he had sufficient cause for not filing the complaint within such period.
Enforcement of the orders of Forum
When the order is not implemented, District Forum, State Commission or National Commission may order the attachment of the property of the person not complying. However, no attachment shall remain in force for more than three months at the end of which, if the non compliance continues, the property attached may be sold and out of the proceeds thereof, the District Forum of the State Commission or the National Commission may award such damages as it things fit to the complainant and shall pay the balance if any to the party entitled thereto.


Under Central Administrative Tribunal Act:

Actions
Time Limits
Time limit for filing an application before CAT
An application has to be filed within 1 year from the date on which the initial final order has been made.  Where an appeal/representation has been submitted in the matter and the authority competent to pass final order has not passed the said order, application has to be filed after the expiry of a period of six months from the submission such application/representation and within one year from the date of expiry of the said period of six months. Tribunal has power to admit an application in relaxation of the above limitation, if sufficient cause is shown, supported by an affidavit, for not making the application within the stipulated period.
Action Judgment
The order of the Tribunal is final and binding on both the parties.  It should be compiled with within the time-limit prescribed in the order or within six months of the receipt of the order, if no time-limit is prescribed.  Failure to implement the order in time may give rise to cause of action for initiating contempt proceedings.
Review Provision
If the applicant and/or the respondent are not satisfied with the judgment, it is open to them to seek review of the judgment by filing a petition within 30 days of the communication of the order.  Review petition would lie only when there is a glaring omission, paten mistake or grave error.  Once the review petition is dismissed, there is no provision for further review.  The matter has to be agitated before Hon.Supreme Court, through Special Leave Petition.

Jurisdiction of District Consumer Forum, State Commission and National Commission:

District Forum
Where the value of goods or services and compensation does not exceed Rs.20 Lakh.
State Commission
Where the value of goods or services and compensation is above Rs.20 Lakh, but below Rs.1 Core.
National Commission
Where the value of goods or services and compensation is above Rs.1 Core