Modified ACP Scheme (MACPS) for Railway employees- clarification – reg.

National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to:
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)

No.IV/NFIR/MACPS/09/Pt.7 

                                   Dated: 29.07.2013

The Secretary (E),
Railway Board,
New Delhi.

Dear Sir,
 
            Sub:   Modified ACP Scheme (MACPS) for Railway employees- clarification –  reg.
           
            Ref:     Railway Board’s letter No. PC-V/2009/ACP/2 dated 31.01.2013.
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            NFIR has come across a case wherein the Railway Board has totally changed the clarification issued by the DoP & T detrimental to the interest of Railway employees though the Railway Board Claims to be acting on the advise of the DoP & T,the nodal authority in so far as allowing financial upgradation under MACP Scheme is concerned. To prove its contention, NFIR is furnishing below the details of the case for proper appreciation of the issue:

(   i)     Railway Board may recollect that the General Secretary, NFIR (Leader of Staff Side JCM), in the Joint Meeting on MACPS anomalies held on 27.07.2012 with the Official Side of the Government of India had raised the issue of grant of financial up-gradation under MACPS in Respect of cases of staff who join another unit/organization on seeking transfer on request. In this Connection, extract of item No. 6 from the minutes of the meeting held on 27.07.2012 is reproduced below: -

       “Financial Up-gradation under MACPS, in the case of staff  who joined  another unit/organization on request:

     The Staff Side pointed out that OM dated 01.11.2010 should be suitably amplified/amended Covering the staff was transferred on request on reversion to the unit/Organization so that the Total service rendered in the previous Unit/Organization, ignoring the past promotion, may be  Counted for MACPS.

     The Official Side agreed to issue necessary clarificatory instructions in this regard. The Staff Side also pointed out that in certain offices the promotion in the original Unit/Organization from which an employees got reverted/transferred to the lower post, Was also being counted against MACPS which is not warranted. The Official Side to look Into this issue.”
Secy.     

   (ii)      Based on agreement reached with the Staff Side as mentioned above, DoP & T issued O.M. No. 35034/3/2008-Estt(D) (Vol-II) dated 4th October 2012.

   (iii)     NFIR wishes to invite attention of Railway Board to para 2 (i) of the O.M. No. 35034/3/2008-Estt.(D) (Vol.II) dated 4th October, 2012 extract of which is reproduced below,Contains instructions to deal with the cases of “Financial up-gradation under MACPS in the Case of Staff who joined another Unit/Organization on request”.

    “ This Department’s OM No. 35034/3/2008-Eatt.(D) (Vol.II) dated 01.11.2010 provides That in case of transfer ‘including unilateral transfer on request’, regular service rendered in Previous organization/office shall be counted along with the regular service in the new  Organization/office for the purpose of getting financial up-gradations under the MACPS. However, financial up-gradation under the MACPS shall be allowed in the immediate next Higher grade pay in the hierarchy of revised pay bands as given in CCS (Revised Pay) Rules, 2008.It is now further clarified that wherever an official, in accordance with terms and Conditions of transfer on own volition to a lower post, is reverted to the lower post/Grade From the promotion in the previous organization/office will be ignored for the purpose of MACPS in the new organization/office.”

   (iv)    Pursuant to DoP & T’s above mentioned OM, Railway Board issued instructions vide Letter dated 31.01.2013, cited under reference, para 2(i) of which reads as under: -
   
     “Railway Board’s letter of even number dated 28.12.2010 provides that in case of Transfer ‘including unilateral transfer on request’ regular service rendered in previous Organization/office shall be counted along with the regular service in the new organization/office For the purpose of getting financial up-gradations under the MACP Scheme. However, financial Up-gradation under the MACP Scheme shall be allowed in the immediate next higher grade pay in the hierarchy of revised Pay Bands as given in Railway Services (Revised Pay) Rules, 2008. It is now Further clarified that wherever an official, in accordance with terms and conditions or transfer on own volition to a lower post, is reverted to the lower Post/Grade from the promoted Post/Grade before being relieved for the new Organization/office, such past promotion in the previous organization/office, will be ignored for the purpose of MACP Scheme in the new organization/office. In respect of those cases where benefit of pay protection have been allowed at the time of unilateral transfer to other organization/unit and thus the employee had carried the financial benefit of promotion, the promotion earned in previous organization has to be reckoned for the purpose of MACP Scheme.”

   (v)        Comparison of para (iii) and (iv) reveals that following portion has been added by the Railway Board in their instructions deliberately to put the railway employees to disadvantageous  position.

     “ In respect of those cases where benefit of pay protection have been allowed at the time of Unilateral transfer to other organization/unit and thus the employee had carried the financial benefit of promotion, the promotion earned in previous organization has to be reckoned for the Purpose of MACP Scheme.”
                 

     2.      The Railway Board while imposing unrealistic and grossly unjustified instructions failed to appreciate following practical aspects: -

    a)  The railway employee who seeks request transfer to lower grade post in the new unit/organization continue to receive the protected pay in the lower grade until promotion of his/her immediate senior.

    b)   The concerned railway employee belongs to only lower grade and if the promotion earned by him/her in the previous unit/organization is taken into account, the railway employee concerned who has already lost the number of years of service rendered in the previous unit, gets only bottom seniority.

     c)  Federation wishes to clarify further that the component of protected pay drawn by the  employee would be adjusted automatically at the time of pay fixation (of the transferred  employee) while granting financial up-gradation.

     d)  NFIR also wishes to add that as per recommendations of VIth  CPC and accepted by the Government, only the pay drawn by the employee in the Pay Band (excluding GP) has only  To be protected, leaving very nominal benefit to the employee and can be ignored.

   3.       In addition to above factors and the fact that the DoP & T is the nodal department to give Decisions on MACP Scheme, Railway Board cannot now escape and deviate from the instructions of DoP & T. The restriction as imposed by the Railway Board, referred above is  therefore unjustified and needs to be deleted.

   4.       NFIR therefore, request the Railway Board to Review Their instructions and issue fresh instructions strictly based on the OM of DOP & T without any substitution/addition. A copy of The instructions may be sent to the Federation.

   Yours faithfully,

Sd/-
(M. Raghavaiah)
General  Secretary

Source: NFIR