Monday, 3 October 2016

Dopt orders on MACP: Benchmark to be enhanced from Good to Very Good for all the posts


Dopt orders on MACP: Benchmark to be enhanced from Good to Very Good for all the posts

G.I, Dep. of Per. & Trg., O.M. No.F.No.35034/3/2015-Estt.(D), dated 28.09.2016

Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees : Implementation of Seventh CPC recommendations.

The Modified Assured Career Progression Scheme was introduced with effect from 01.09.2008 in pursuance of the recommendations of the Sixth Pay Commission by this Department’s OM No.35034/3/2008-Estt(D) dated 19th May, 2009. Subsequently, clarifications/ FAQs were issued vide OM dated 16.11.2009, 09.09.2010, 01.04.2011, 13.06.2012, 04.10.2012 and 10.12.2014. These instructions are in force with effect from 01.09.2008.

2. The 7th Central Pay Commission (CPC) in para 5.1.44 of its report has recommended inter-alia as follows:
MACP will continue to be administered at 10, 20 and 30 years as before. In the new Pay Matrix, the employee will move to immediate next level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the Pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of Organised Group A Services.
3. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, the Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years as before. Further, Para 1 and 2 of the existing Scheme (Annexure to this Department's OM No. 35024/3/2008-Estt.D dated 19th May, 2009) will be substituted by the following words:-

1. There shall be three financial upgradations under the MACPS as per 7th CPC recommendations, counted from the direct entry grade on completion of 10, 20 and 30 years services respectively or 10 years of continuous service in the same level in Pay Matrix, whichever is earlier.

2. The MACPS envisages merely placement in the immediate next higher level in the Pay Matrix as given in PART A of Schedule of the CCS (Revised Pay) Rules, 2016, Thus, the level in the Pay Matrix at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive levels in the Pay Matrix, be different than what is available at the time of regular promotion. In such cases, the higher level in the Pay Matrix attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

4. The 7th Central Pay Commission (CPC) in Para 5.1.45 of its report has interalia recommended as follows:

Benchmark for performance appraisal for promotion and financial upgradation under MACPS to be enhanced from Good to Very Good.

5. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, Para 17 of the Scheme (Annexure to OM No.35024/3/2008-Estt.D dated 19th My, 2009) shall be substituted by the following words:-

17. For grant of financial upgradation under the MACPS, the prescribed benchmark would be Very Good for all the posts.

6. These changes will come into effect from 25th July, 2016, i.e., from the date of resolution notified by Department of Expenditure, Ministry of Finance regarding acceptance of the recommendation of the 7th CPC.

7. The comprehensive MACP Scheme on acceptance of Seventh Central Pay Commission recommendations will be issued separately.

Click to view the original order

Authority: http://persmin.gov.in/dopt.asp

Important DOPT Order regarding Reservation in Promotion on 2.10.2016

Important DOPT Order regarding Reservation in Promotion

No further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010

“Very Important DOPT Order has been issued regarding Reservation in Promotion. DOPT is made subject to the Contempt of Hon’ble Supreme Court. With regard to DOPT order dated 10.8.2010 , Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued.”

No.36012/11/2016-EStt(Res)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel and Training

North Block, New Delhi 110001
Dated the 30th September 2016
OFFICE MEMORANDUM

Subject: Contempt petition (C) NO-314/2016 in SLP (C) N,o.4831/2012-Samta Andolan Samiti through its President vs. Sanjay Kothari & Ors.

Reference: 1. SLP(C) No.30621/2011
2. SLP(C) No.31735/2011
3. SLP(C) No. 35000/2011
4. SLP(C) No. 2839/2012
5. SLP(C) No.4831/2012
6. SLP(C) No.5859/2012
7. SLP(C) No.5860/2012
8. SLP(C) No.30841/2012
9. SLP(C) N0.6915/2014
10. SLP(C) No.8327/2014
11. SLP(C) No.16710-16711/2014
12. SLP(C) No.23344/2014
13. SLP(C) No.23339-23340/2014
14. SLP(C) No.21343/2015
15. SLP(C) No.33163/2014
16. Contempt Petition (C) No.314/2016 in SLP (C) No.4831/2012

The undersigned is directed to invite attention to this Departments 0M. No.36012/45/2005-Estt (Res) dated 10th August, 2010 (copy enclosed) on the subject reservation in promotion treatment of SC/ST candidates promoted on their own merit

2. The OM No.36012/45/2005-EStt(Res), dated 10.8.2010 was challenged in the High Court of Punjab & Haryana in CWP No.13218/2009 [Shri Lachhmi Narain Gupta & Ors Vs Jarnail Singh & Ors ] The Hon’ble High Court Punjab & Haryana vide its judgment dated 15.7.2011 quashed the O.M dated 10.8.2010.

3. Against the Order of the Hon’ble Punjab and Haryana High Court dated 15.7.2011, an SLP was filed by Jarnail Singh & Ors. The Union of India through Department of Revenue also filed SLP No.6915/2014 in this case.

4. The Hon’ble Supreme Court vide order dated 03.02.2015 passed the following interim order In SLP No.30621/011- Jarnail Singh & Ors. Vs Lachmi Narain Gupta & Ors:-
“Let the matter be listed in the second week of March 2015 on a non- miscellaneous day. Status quo existing as on today in respect of the promotional matters that are covered by the impugned judgment shall be maintained till the next date of hearing.
3. Contempt Petitions were filed before the Hon’ble Supreme Court against Department of personnel and Training and Railways alleging that 5 notifications issued by the DOPT and 5 Notifications issued by the Railways were contrary to the status quo order dated 03.02.2015 of the Hon’ble Supreme Court and therefore notice of contempt was issued. The matter came up for hearing on 29.9.2016 before the Apex Court.

4. In order to preclude any interim order in the contempt case, as desired by the Honble Supreme Court. the Learned Solicitor General has undertaken that till such time the main matter along with the Contempt Petition is decided, no further promotions of reserved category persons to unreserved posts will be made based on the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010.

5.In the light of the above, till such time that the SLP (s) are decided by the Hon’ble Supreme Court, while considering promotion, the DOPT 0M dated 10.8.2010 and Railway Board circular dated 14.9.2010 are not to be relied upon.The main matter along with the contempt petition is likely to be taken up for hearing on 22.11.2016.

6. These instructions may be brought to the notice of all concerned for information and necessary action.
sd/-
(G. Srinivasan)
Deputy Secretary

Source : DOPT

Delinking of qualifying service of 33 years for revised pension (JCOs/ORs and Commissioned Officers)

Delinking of qualifying service of 33 years for revised pension (JCOs/ORs and Commissioned Officers)

No.1(2)/2016-D(Pen/Pol)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare


New Delhi, Dated , the 30th September 2016
The Chief of the Army Staff,
The Chief of the Naval Staff,
The Chief of the Air Staff,

Subject: Revision of pension of pre-2006 pensioners (JCOs/ORs and Commissioned Officers) -delinking of qualifying service of 33 years for revised pension.

The undersigned is directed to refer to this Ministry’s letter No- 7(4)/2008(1)/D(Pen/Pol) dated 11.11.2008 as amended, for implementation of government decision on the recommendations of the Sixth CPC for revision of pension/family pension in respect of Pre-2006 Armed Forces pensioner/Family pensioners. As per provisions contained in Para 5 of the letter, revised pension and revised ordinary family pension of all Pre-2006 Armed Forces pensioners/Family pensioners determined in terms of fitment formula laid down in Para 4.1 of above said letter dated 11.11.2008 should in no case be lower than fifty percent and thirty percent respectively, of the minimum of the pay band plus the Grade pay corresponding to the pre-revised scale from which the pensioner had retired/discharged] invalided out/ died including Military Service Pay and ‘x’ Group Pay, where applicable. The pension so calculated had to be reduced pro-rata where pensioner had rendered less than 33 years of qualifying service.

2. The above minimum guaranteed pension was revised w.e.f. 24.09.2012 vide GOI, MOD letter No. 1(11)/2012/D(Pen/Pol) dated 17.01.2013 in case of commissioned officers. As-per this letter, with effect from 2409,2012, the minimum guaranteed pension in respect of Pre-2006 commissioned officers/family pensioners should be determined as fifty and thirty percent respectively of the minimum of the fitment table for the rank in the revised pay band as indicated under fitment tables annexed to SAI 2/8/2008 as amended(equivalent instructions for Navy.& Air Force) and SAI 4/S/2008 (for MNS Officers), plus grade pay corresponding to the Pre-revised scale from which the pensioner had retired/ discharged/invalided out/died including M.S.P. The minimum guaranteed pension/family pension in respect of Pre-96 retired EC/SSC officers should be revised w.e.f. 24.09.2012 as 50% / 30% respectively of the pay in pay band corresponding to the pre revised scale of pay of Rs, 10500/- ( in terms of para 9(a)(l) of SAI 1/S/2008 ) plus grade pay of Rs 5400/ and M.S.P. of Rs. 6000/-.

3. The above minimum guaranteed pension was further revised, vide Ministry’s letter No. 1 (04)/2015/(l)-O(Pen/Pol) dated 3rd September, 2015 ( in r/o JCOs) and Letter No- 1(04)/2015/(11)-D(Pen/Pol) dated 3rd September, 2015(in r/o JCO/ORS). Pension/family pension in respect of Pre- 2006 Armed Forces pensioners/Family pensioners, has been determined as fifty and thirty percent respectively of the minimum of the fitment table for the rank in the revised Pay Band as indicated under fitment. tables annexed with 1/8/2008, 2/8/2008, 8 4/8/2008 as amended and equivalent instructions for Navy and Air Force, plus Grade Pay corresponding to the pre-revised scale from which the pensioner had retired! discharged/invalided-out/died including Military Service Pay and 'X'- group pay where applicable w.e.f. 01.01.2006. However, vide Ministry’s letter No. 1(7)/2014-D‘(Pen/Pol) dated 31.07.2015, the minimum guaranteed pension in case of Medical Officers of AMC/ADC/RVC has been revised by adding NPA, @ 25% of minimum of fitment table for the rank In the revised Pay band as indicated In the‘fitment table annexed with SAI 2/S/2008.

4. Now, GOI, Ministry of Personnel, PG & Pensions, Department of Pension Pensioners Welfare has Issued OM, No. 38/37/08-P&PW (A) dated 06.04.2016 for delinking of Qualifying Service with-pension for revision purpose. Therefore, it has been decided that w.e.f. 1.1.2006, revised consolidated pension and family pension of. pre-2006 armed forces pensioners shall not be lower than 50% and 30% respectively of the minimum of the pay in the Pay band plus. Grade Pay corresponding to the pre-revised scale from which the pensioner had retired/discharged/ invalided out/died including Military Service Pay and X group pay, if any, without pro-rata reduction of pension even if they had rendered qualifying service of less than 33 years at the time of retirement. Accordingly, Para 5 of this Ministry's letter dated 11.11.2008 would stand modified to this extent.

5. Revised table’s indicating minimum guaranteed retiring/service pension and Ordinary family pension have been annexed to this letter as follows:
Annexure A for commissioned officers (JCOs)
Annexure B for Army Pensioners (JCOs/ORs)
Annexure C for Airforce Pensioners (JCOs/ORs)
Annexure D for Navy pensioners (JCOs/ORs)

Pension Disbursing Agencies (PDA) are hereby authorized to step up the pension/ family pension of the affected. pre-2006 pensioners where the existing pension being paid to the pensioners, is less than the rata of pension indicated in above said annexures. Necessary implementation instructions to all concerned shall beissued by principal CDA (Pensions), Allahabad

6. The provisions of this letter shall take effect from 01.01.2006 and arrears, if any, shall be payable from 01.01.2006. Further, the pension/Family pension of the Armed Force Personnel has been revised a number of times in past vide various letters issued by this. Ministry, therefore, if pension already revised w.e.f. 01.01.2006, 01.07.2009, 24.09.2012 & 01.07.2014(OROP) under respective Govt. orders happens to be more than this amount. then Retiring/Service and Family Pension as per above orders will continue to be paid as basic pension during that period.

7. Payment of Life Time Arrears (LTA) : If a pensioner to Whom the benefit accrue-s under the provisions of this letter has died/dies before receiving the payment of arrears, the Life Time Arrears of Pension (LTA) shall be paid in the following manner:
(a) If the claimant is already in receipt of Family Pension or happens to be the person in whose favour Family Pension already stands notified and the awardee has not become Ineligible for any reason, the LTA under the provisions of this letter should be paid to such a claimant by the PDA on their own.
(b) if the claimant has already received LTA in the past in respect of the deceased to whom the benefit would have accrued. the LTA under the provisions of this letter should also be paid to such a claimant by the PDA on their own.
(c) If the Claimant is a person other’than the one mentioned at 7(a) & 7(b) above, payment of LTA shall be made to the legal heir/heirs as per extant Government orders on the subject.

8. Additional pension: The rate prescribed In these orders shall be the minimum guaranteed basics pension from 1.1.2006. Additional pension as applicable to the old aged pensioners/ family pensioners on attaining the relevant age (80 years and above) shall also be enhanced by the PDAs, where beneficial from 1.1.2006 or the date from which the pensioner attain the age of 80 years or more, whichever is later as per the extant orders on the subject.

9. All other terms and conditions shall remain unchanged.

10. This issues with the concurrence of Finance Division of this Ministry vide their ID No. 10(6)/2016/FIN/PEN dated 29.9.2016.

5 . Hindi version will follow.


Yours faithfully,
sd/-
(Manoj Sinha)
Under Secretary to the Government of India

Authority: http://www.desw.gov.in/

Flash News

7th CPC Revised Civilian and Pay Matrix : Gazettee Notification

7th CPC Revised Civilian and Pay Matrix : Gazettee Notification MINISTRY OF FINANCE (Department of Expenditure) RESOLUTION Ne...