Friday, 28 June 2019

Extending the benefit of financial upgradation under MACPS to Railway School Teachers


GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

The issue under consideration is the issue of extending the benefit of financial upgradation under MACPS to Railway School Teachers instead of CAS (Career Advancement Scheme) presently operating for them. This issue has been raised by both the Federations (AIRF and NFIR) and IRPOF. Recently, this issue was also raised in 47th Meeting of NC/JCM held on 13-4-2019, chaired by Cabinet Secretary.

Sub: Extending the benefit of financial upgradation under MACPS to Railway School Teachers.

In the above context, it is stated that Railway School Teachers have all along been treated at par with teachers under Ministry of Human Resources and Development in every respect viz. recruitment qualification, pay structure, age of retirement etc. including Career Advancement Scheme (CAS). CAS was introduced in year 1988 based on recommendations of Dr. Chattopadhyaya Committee for the teachers under Ministry of Human Resources and the same was also adopted in respect of Railway Teachers which provides for grant of two financial upgradation on completion of 12 months 24 years of service with reference to the Recruitment Grade, in certain specified Pay Scales/ Grades called Senior Scale and Selection Scale respectively.

As Railway School Teachers are common category and their service conditions etc. are regulated as per identical terms and conditions as the teachers available under Ministry of Human Resource and Development (M/o HRD), therefore, CAS Scheme was continued in their respect instead of implementation of ACP/ MACP Scheme. On receipt of some representations / references stating that the MACP Scheme is being implemented in respect of teachers working under Ministry of Defence, Department of Space, a reference was made to M/o HRD vide Board's letter dated 18.12.2017, (followed by reminders dated 27.06.2018 and 27.01.2019) seeking clarification as to whether MACP Scheme can be implemented in respect of Railway School Teachers. M/o HRD vide their letter dated 26/11/2018 have advised that Railway Board is Competent Authority to decide the terms and conditions of service of Railway School Teachers and Department of, Personnel and Training may be approached for further clarifications on MACP provisions.

Meanwhile a copy of OM dated 26-4-2019 of Ministry of Human Resource Development enclosing a copy of Speaking Order dated 18-4-2019 passed in compliance of order dated 15-11-2018 by CAT/ Lucknow in OA No. 172/2014 for extension of MACP benefit to teachers under Kendriya Vidyalayas have been received. On perusal of the said Speaking Order it has been observed as under:
a) The Association of Kendriya Vidyalaya teachers had chosen to remain in the existing Scheme of three tier pay scales (i.e. CAS) and accordingly MHRD conveyed KVS that 'Government has decided not to extend ACP Scheme to the teachings staff of KVS and that they would continue in the existing scheme;

b) On implementation of MACP Scheme, the MHRD decided to extend the same to non-teaching staff of KVS;

c) MHRD considered the issue of extension of MACP benefit to teaching category of KVS in consultation with DOPT who in turn further consulted Department of-Expenditure and taking note of the fact that one of the conditions for extending the benefit of MACPS was that the earlier ACP Scheme should have been adopted by the concerned authority and that the KVS itself had chosen not to opt for earlier ACP Scheme for their teaching staff, the proposal for grant of MACPS to teachers under KVS was not agreed by Deptt. of Expenditure;

d) In two cases viz. OA No. 3855/2015 before CAT/ PBNew Delhi and OA No. 515/2013 before CAT/ Ernakulam, the Tribunals have dismissed the claim for extension of MACP benefit to teachers under Kendriya Vidyalaya Sangatthan;

e) In view of the position stated in para (a) to (d) above, MHRD vide its Speaking order dated 18-4-2019 have declined the claim of KVS teachers for grant of MACP benefit.
3. It is pertinent to mention that benefit of financial upgradation accruing under CAS viz- a-viz MACP was examined in detail and it has been observed that MACP Scheme is broadly beneficial than the CAS presently being implemented for the Railway School Teachers as at the time of grant of financial upgradation under CAS, benefit of pay fixation is not allowed whereas in case of MACP, benefit of pay fixation is allowed an admissible in cases of normal promotion.

4. In view of the above and in terms of para 13 of DOP&T's OM dated 19-5-2009 it is proposed that CAS may be replaced by MACPS for grant of financial upgradation to the Railway School teachers.

5. This has the approval of Board (MS and, FC)
(Subhankar Dutta)
Deputy Director, pay Commission-V
Railway Board
Source: NFIR

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