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Thursday, September 23, 2010

CHQ Seeks clarification on MACP

The CHQ letter dated 22.09.2010 on the subject is reproduced herewith for the notice of all.

Ref: P/4-1/MACP Dated – 23.09.2010


Ms. Radhika Doraiswamy
Department of Posts
Dak Bhawan New Delhi – 110001


Sub: - Delay and irregularities observed in implementation of modified ACP Scheme – Clarification sought for.

A kind attention is invited to the discussions, the staff side had in the Departmental council meeting held on 27.08.2010 in which it was assured to issue certificatory orders in ensuring no denial of due MACP to the entitled officials.

The following are the issues prevailing in many circles which require immediate clarification and settlement.

(i) In accordance with the Illustration as annexed in the MACP orders issued by the Department under Number 2 & 2B, an official promoted to higher cadre prior to completion of 10 years, he is entitled for next MACP after completion of 10 years from the date of his promotion to higher cadre and for 3rd MACP after completion for another 10 years. Even though the orders are crystal clear, Chief PMG, West Bengal Circle has wrongly intrepretated the orders and caused orders that only on competition of 30 years service in the entry grade in case of promotees or after completion of 10 years service from the date the official was accorded with TBOP up gradation, third MACP shall be granted.

When the issue was taken by the Circle Union, the Chief PMG vide his letter dt. 02.09.2010, the copy of the same is enclosed, has intimated that the 3rd MACP can be granted either from the date of completion of 30 years of service from the entry grade or after completion of 10 years in the present grade (i.e) in the TBOP whichever is earlier.

The above said wrong clarifications deny many entitled officials their due third MACP financial up gradations in the circle. The Circle Office has not taken note of the clarification issued vide Directorate letter No. 4-7/MACPS/2009-PCC dt 20.05.2010 and also the concept of MACP orders and subsequent clarifications.

The Chief PMG has unwarrantly linked the MACP with TBOP promotion and keep the officials to await six longer years to get their due MACP promotions.

Similarly, in Tamilnadu Circle also, in some divisions, the third MACP had not been granted by misinterpretation of 10 years service in the Grade pay with TBOP for the promotees.

Suitable clarifications may please be accorded immediately in this regard.

(ii) Similarly, in West Bengal, the third MACP has not been granted to the officials who were earlier opted to defunct PO & RMS Accountant and subsequently opted out and availed TBOP/BCR promotions stating that since their acceptance in the defunct PO & RMS Accountant shall be construed as the first promotion and had the officials availed further two promotions up to BCR, they are not entitled for third MACP even though they have completed more than 35 years of service in the PA cadre. For example Sri. Tapan Kumar Das Gupta, BCR PA, PSD Siliguri who is a direct directed PA has been affected due to this wrong interpretation of MACP orders. When the official was opted out from defunct PO & RMS Accountant and availed TBOP & BCR, he is only PA and it should not be construed as if availed one promotion on becoming the PO & RMS Accountant earlier in the defunct scale.

Clarification in this regard is highly solicited.

(iii) In Maharashtra Circle like Mumbai City North East Division the official promoted as PA cadre and completed 10 years in the same cadre have not been considered for MACP promotion on the plea that they have not completed 20 years of service from the date of entry into service. This is prevailing in most of the circles.

(iv) In some cases, the officials are due for their MACP on completion of 30 years of service as on 01.09.2008 but they have declined LSG promotion during 2009 & 2010 before the receipt of MACP Orders. Even though they are due for MACP promotion on 01.09.2008 and not declined any promotion at that time, they have not been accorded with due MACP promotion.

(v) In certain cases, the due MACP Promotions were not accorded to the officials due on 01.09.2008 for the reasons that recovery from pay is current or contemplating proceedings now etc. Since the recovery from pay is not a bar promotion as per the Directorate orders, the due promotion as on 01.09.2008 need not be withhold. Similarly due promotions should not be denied for the charges contemplated at later date.

It is requested to cause necessary clarifications on all the above issues and sort out the problems prevailing in the circles at the earliest.

A line in reply about the action taken is highly solicited.

With profound regards,

Yours sincerely,

(K. V. Sridharan)
General Secretary

1 comment:

Tapan kr said...

It is justified demand.Local clarrification without studying the indepth conetns and spirit of the order issued by the Department is causing such forced error.Department should take immediate action for stopping such misinterpretation/distortion of fundamental rules. In the defunct scale switch over is not promotion under TBOP scheme as there happens to be non assumption of higher responsibility and merely placement of basic pay in the merged scale.No monetary benefit was given.Honourable Supreme Cout Judgement 1988(5 )SCC 242.Supreme today 1988(4) Supreme 608.