AN APPEAL FOR GRANTING MACP TO THE NEXT PROMOTIONAL HIRERCHY TO THE MINISTERIAL STAFF UNDER FR 9(17) IN SUBORDINATE OFFICES ALSO

The letter received from Shri Pradip Bandyopadhyay, MSME-DI, Kolkata is published hereunder wherein he has raised the issues of Administrative Staff, especially the LDC & UDC, effectively. We are aware that this is the story of the administrative staff of the entire Subordinate Offices. The successive Pay Commission as well as the Governments has not resolved the issues of the LDC & UDC working the subordinate offices. All our friends are therefore requested to please take up the issue before the 7^th CPC in its own importance. Materials/references to be used during the oral evidence are published in this web site.

TKR Pillai

General Secretary 

AN APPEAL FOR GRANTING MACP TO THE NEXT PROMOTIONAL HIERARCHY TO THE MINISTERIAL STAFF UNDER FR 9(17) IN SUBORDINATE OFFICES ALSO

1) Article 39(d) of the constitution proclaims as a Directive Principle, the constitutional goal of ‘equal pay for equal work for both men and women’. Article 14 & 19 guarantee respectively the fundamental rights to equality before the law and equality of opportunity in the matter of public employment and Article 32 provides the remedy for the enforcement of the fundamental rights.

            2 Likewise under Ref. of O.M vide DP&AR no.CD-14017/10/85-Estt(RR) dated 20.03.1985 regarding the procedure to serve mainly two purposes, viz uniformity of provisions for similar posts located under different ministries and an element of objectivity in framing of the rules. A Ministry/Department will normally have some attached offices and subordinate offices . Each ministry may please devise suitable internal arrangements to ensure that there is broad uniformity of approach in regard to inter alia, the level of qualification and the extent of experience etc.(for which there are no specific guideline issued by that Department) for posts carrying the same pay scale at least within that Ministry.

            3) Reference of DOPT.ND vide O.M No. 35034/9/2010-EStt.(D) dated 10/2/2011 circulated to all Ministries/Deptt and copies to all the concerned offices including all subordinate/attached offices of M/o PPG&P wherein it is reiterated that MACPs(as was the case with the ACPs) is a fall back option in the event of promotions not taking place. Hence, in order to mitigate problem of stagnation, all concerned are advised to review the cadre structure in a time bound manner to harmonize the functional needs of the organization and career progression of employees.

          4) DOPT,ND vide their O.M Nos. 2/8/2001-PIC dated 16/5/2001,18/6/2002 & 9/11/2002 regarding optimization of direct recruitment to civilian posts and its procedure stated that Direct recruitment should be limited to 1/3^rd of the Direct Recruitment vacancies in a year through screening committee duly surrendered 2/3 in each year subject to a further ceiling that does’nt exceed 1% of the total sanctioned strength in the Department inclusive of attached & subordinate office in order to achieve a reduction of 10% manpower(@2% p.a) in 5 years . Accordingly, “Annexure-III-the Annual Direct Recruitment Plan containing the detailed position of post/category/cadre wise for the attached /subordinate office has also been askedto Ministry/Department to finalize the Recruitment Plan duly brought about the uniformity in collection and compilation of data.

            5) Based on the repost of the committee on cadre restructuring of CSS in February2002 chaired by Sri V.K. Agnihotri, Addl. Secretary that to cater the future needs and address emerging requirements more efficiently and responsive administration , it has now become the need of the hour that instead of direct recruitment of LDCs of 85% through SSC whose essential educational  qualification is proficiently in typing and matriculation and are entrusted with some  works  of routine & conventional nature  like registration of dak, maintenance of section diary, file register, file  movement, indexing and recording, typing etc, recommendation for  direct recruitment of better qualified and skilled personnel is , made solely at the level of Assistant. So, it is recommended in their executive summary report that Direct Recruitment of LDCs may be stopped with immediate effect and all posts of LDCs presently filled by DR are abolished as and when these fall vacant . Further, 90% of the posts in the grade of UDC would also wither away in future as and when these fall vacant, retaining the remaining 10% for promotion of the residual LDC cadre. It has also been recommended that as a onetime exception vacancies in all the additional posts of Assistant arising as a result of cadre restructuring in CSS would be filled only by promotion of eligible UDCs(CSCS). The vacancies in Assistant grade arising due to normal in wastage on account of retirement, promotion, etc would ,in future be filled to the extent  of 75% through direct recruitment of graduates possessing computer proffciency. 15%  by promotion of UDCs amd 10% through LDCE for UDCs.

However, in spite of surrendering the posts 2/3^rd in each year from the subordinate/attached offices in regard to sl. No.4, neither  such  promotional avenue nor any financial benefit to  the grade pay @ Rs.4200/p.m of eligible UDCs(more than 5yrs and within 14yrs to this respective post)  who graduated from universities possessing computer proficiency and entrusted with the  jobs mentioning  hereunder for a responsive administration, have  been considered. In CSCS cadre UDCs may have chance to get higher post entry level from  Assistant  grade under CSS cadre through the earmarked percentage of LDCE and by promotion also. But, in subordinate office, to get the immediate higher post of OS, UDCs are considered on seniority cum fitness basis and it takes a prolong years for a minimum of 14-15yeasr even sometime more also, though the eligibility of next promotion due after 10years.

  

6)Even, 30% of the sanctioned strength of UDCs in CSCS on completion 5yrs of approved service have been placed in the Non Functional Selection Grade to enjoy the Grade Pay @Rs.4200/p.m vide DOPT,O.M no. 20/49/2009-CS.II(B) dated 22.06.2011.It has been felt that the NFSG as implemented and adopted for the employees cover under CSCS cadre of Ministry/Department as per DopT orders needs to be extended immediately to the eligible UDC.

7) But, no such consideration for UDCs in subordinate office who rendered services resembling  with the nature of service of Assistants for a period over 5yrs and within 14 years to their respective UDC posts  and  are left to satisfy only with the granting of MACP benefit with the next hierarchy Grade pay of Rs2800/ p.m from 1.9.2008 onwards. Besides, the LDCs who are qualified above the essential qualification in RRs, at this subordinate office rendering the service at here more than 10years are apt with work of computer, noting and drafting as assigned to them by the authority simply satisfied with the Grade of Rs.1900/-p.m (just Rs.100/- more than an MTS grade pay).And their next MACP benefit is also granted to the immediate hierarchy.

8) It is not the exhaustive figures of this MSME-DI,Kolkata one of the  subordinate offices that two UDCs  who had been nominated by the Department to undergo the Cash & Accounts training at the most prestigious Institute viz, ISTM, New Delhi successively for  the year of 2009( 150^th batch )and in 2011(158^th batch) along with  the other nominated UDCs & Assistants working  under CSCS/CSS cadre from different Ministries /Departments in Delhi and  both of them proved their efficiency carrying  good percentage of marks from that Instt. by  91% and 88% respectively and held their position at the top(i.e 7^th  & 4^th ) among the thirty and odd candidates of each batch. 

9) One of them  has been offered for appointment to the post of Senior Accountant (ex-cadre) on deputation basis in Accounts Section of MSME-DI, Kolkata by the Department for maximum of 5years from 1.7.2009 to 30.06.2014 and he is conversant and updates himself  with the govt. rules and its application properly.  His knowledge of works related to the Income Tax, Budget & Accounts, audit etc. have already been reflected in his ACR/APAR. Besides, 6(six) other UDCs & 3 MTS under his supervision were engaged to develop the areas of office management and office automation with their proficiency, writing skill for drafting & notings and promptness of work  continuously. Their nature of exercising official works have been depicted  to their respective ACRs/APARs also. The other UDCs who are also posted in other divisions like Administration, Library, stores and in other  Branch offices are enough skilled to cater their assigned jobs proficiently, conversant and application of  govt. rules also, having the ability for writing Skill like preparation of Drafting noting  smoothly.

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10) It is regressive that in spite of having their efficiency, 2nd MACP in terms of DOPT,ND O.M no.35034/3/2008-Estt(D) dated 19.09.2009 is being granted to them w.e.f 1.9.2008 to the immediate captive hierarchy Grade Pay @Rs.2800/-P.M instead of their next promotional hierarchy Grade Pay @Rs.4200/-p.m for which the senior most UDCs in this subordinate offices who render service to their respective post more than the UDC(NSFG) and UDC(CSCS) but unfortunately draw less grade pay viz @Rs.2800/- in PB-1 than those categories.

            11) It is regressive and painful also that some of the UDCs in MSME-DO who had been recruited to their feeder post(LDC) either through SSC or employment exchange, and rendered the regular service continuously 24 years i.e within the threshold date of 31/08/2008, had been considered to opt for 2^nd ACP financial upgradation benefit in respect to their next promotional hierarchy of Grade pay @Rs4200/- P.M. And thereafter, as soon as they complete another 6(six) years, as per the MACP norms, in order to complete 30 years continuous service, they will be considered for granting another  3^rd MACP with the grade pay @Rs.4600/-P.M to meet both sides end well. However, these despondent UDCs who are mostly graduates from recognized university and had been recruited to their feeder post(LDC)  through All India Open Competitive Examination conducted by SSC holding good ranks and other qualified and skilled UDCs who had been appointed either on compassionate ground or qualified from  Group-D post to their initial post(LDC) ,are being deprived to get Grade Pay to the next promotional hierarchy rather put them in captive grade pay@Rs2800/p.m . Had the MACP been not implemented then the LDCs and UDCs could have enjoyed their 1^st & 2^nd ACP benefit to their next promotional hierarchy as and when they come up to their earmarked service years.

           13) It is noticed that the most of the UDCs in this subordinate office had earlier  been selected to their feeder grade(LDC) by SSC in 1983,1985….1990 however their offer of appointment from their ministries under CSCS cadre were issued almost 18months later i.e in April’85 & May’85/March’87……1993.Hence, in order to eliminate the delays in issuing offers of appointment, M/o Home Affairs, Govt. of India, New Delhi and later on DOPT, M/o PPG&P, New Delhi circulated O.M respectively nos.F.30/12/66-Ests(B) dated 15.09.1966,23/9768-Estt(B) dt.26.02.1969 and 39011/2/2002-Estt.(B) dt.25.09.2006 to all Ministries/Departments. Hence, this may be one of the reasons to deprive the financial/modified financial benefit in time.

That the following table shows how the benefits under MACP Scheme is less advantageous because of the fact that the MACP is granted in the hierarchy of the successive grade pay than the erstwhile ACP Scheme to the Ministerial Staff which was granted in the promotional hierarchy. An extract of the same is furnished hereunder:-

Sl.  No	Entry Grade / .  Pay scale	1st Promotion /  1ST ACP /  Pay scale (12 Years)	2nd Promotion /  2nd ACP / Pay Scale  (24 years)	-	Remarks
1.	LDC  (Entry Grade)  Rs.3050-4590  Revised PB-1  (Rs.5200-20200)+ Grade Pay Rs.1900	UDC  Rs.4000-6000  Revised PB-1  (Rs.5200-20200)+ Grade Pay Rs.2400	Assistant  Rs.5000-8000  (Revised  PB-2(Rs.9300-34800)+  Grade Pay Rs.4200	-	Advantageous
1.	LDC  (Entry Grade)  Rs.3050-4590  Revised PB-1  (Rs.5200-20200)+ Grade Pay Rs.1900	1st MACP  (10 Years)  Revised PB-1  (Rs.5200-20200)+ Grade Pay Rs.2000	2nd MACP  (20 Years)  Revised PB-1  (Rs.5200-20200)+ Grade Pay Rs.2400	3rd MACP  (30 Years)  Revised PB-1  (Rs.5200-20200)+ Grade Pay Rs.2800	Less  Advantageous

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12)That it is found that the LDCs/UDCs who have completed 24 years service as on 31-8- 2008 (before the cut-off date of 1-9-2008), were have been granted the benefits of 2nd ACP in the pay scale of Rs.5000-8000. As such, these UDCs have been placed in the revised pay structure of PB-2 (Rs.9300-34800) + Grade Pay Rs.4200, the UDCs who have not got the 2 ACP prior to 31-8-2008 have been placed in PB-1(Rs.5200-20200)+Grade Pay Rs.2800 towards 2 MACP and thus deprived of the said benefits without any justified reason. A tables showing the discrimination meted out to the incumbents in UDCs is furnished hereinunder:-

Sl.  No.	Entry Grade /Pay scale  Fifth CPC	1st Promotion /1ST ACP / Pay scale  (12 Years)  (Fifth CPC)	Replacement  Pay structure by  the Sixth CPC	2nd Promotion /  2nd ACP / Pay Scale (24 years)  (Fifth CPC)	Replacement  Pay structure by  the Sixth CPC
1.	LDC  Rs.3050-4590	UDC  Rs.4000-6000	UDC  PB-1  (Rs.5200-20200)  +Grade Pay Rs.2400	Assistant  Rs.5000-8000	PB-2(Rs.9300-34800) + Grade Pay Rs.4200

14) It appears from the Judgments  of the following Hon’ble CAT and Supreme court to alleviate the issue of granting  MACP to next promotional hierarchy:-

	Name of Hon’ble CAT	O.A Nos.& date	Between the parties	Judgment offered
1	Chandigarh Bench	1038/CH/2010 31/5/2011	Rajpal son of Shri Tilak Ram Vs Union of India and others	At 13) It has also been settled that the ACP would be granted on completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typists, and not in the next higher scale in the recommended scales. The same principle would have to be applicable in regard to grant of MACP to the applicant. The only difference is that while in case of ACP two financial upgradations were granted on completion of 12 and 24 years of service, in case of MACP ,three up gradation on intervals of 10,20 and 30 years of service. At 15) Be that as it may , the principle enunciated and settled by the Tribunal/High Court for grant of ACP cannot be changed and the same principle would apply for grant of MACP to him. The only difference is of number of years required to be completed. We find no justification to take a different view in the matter.
2	Punjab & Hayana	CWP No. 19387/2011 dt.19.10.2011	Union of India represented by DoP&T and others Vs. Raj Pal and another.	There was no infirmity in the aforesaid order passed by the Chandigarh Bench of the Tribunal.
3	Principal Bench, New Delhi	O.A No.904/2012 26,11.2012	Sanjoy Kr,UDC & other 18 UDCs and LDC Vs UOI & Ors.	The respondents are directed to grant scale of pay of Rs9300-34800/- with grade pay of Rs.4200/- attached to the said promotional post of Assistant/OS from the due date to the applicants and that directions shall be complied with within the period of two months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP scheme.
4.	SUPREME COURT	SLP No. 7467/2013,	Union of India represented by DoP&T and others Vs. Raj Pal and another.	The Government thereafter approached the Hon’ble Supreme Court , the court dismissed the said SLP
5	Principal Bench, New Delhi	O.A No.864/2014 dt.12.03.2014	Omprakash and Another Vs.. Union of India represented by DoP&T and others	Once an order has been passed by this tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. Department for implementation of the same.

            14) Our head of Department viz, DC(MSME), New Delhi is well aware that the field offices for responsive accounts and administrative works mentioned below are handled by the Ministerial servant means a Government servant of a subordinate service whose duties are entirely clerical under FR 9(17)  who are proficiently skilled with the functioning of MS-Word,MS-Excel and Internet through computer ,  good writing skill for noting and drafting in connection with the correspondence with HOD and others as similar with Assistants/UDCs in CSS/CSCS.

Hence , the matter may be reviewed and convey the approval of the Ministry in granting either  MACP to the next promotional hierarchy. 

15) The duties assigned to the UDCs/LDCs in MSME-DIs in Kolkata and its Br-DIs/ MSME-TCs Kolkata

Accounts section

            a)  Computerized preparation of Budget of RE & BE under Non- Plan Head to send to DC(MSME),New Delhi.

            b)  computerized preparation of Monthly /Qrtly/Annual Expenditure report under Plan & Non Plan heads duly reconciled with PAO

            c)   Assessment of Income tax for employees of this office  and other than employees of this whose income tax is covered u/s 194C/194J/194I/206C etc. Preparation of 24Q₁ to 24Q₄ and 26Q₁ to 26Q₄ and thereafter uploading through TIN-FC periodically, Issue TDS-16 and 16A duly generated part-A by TRACES and part-B by this office.

            d)  collection of service tax and deposit to the specified head through ST challan and furnish the return online thorough office or TIN

            e)  Prepare audit replies to settle paras as raised by audit team(Internal/statutory).

            f)   computerized preparation of salary bills of GOs and Non-GOs and its schedules, arrear bills and submit to PAO duly reconciled with PBR and other records  for arranging payment through 100% e-payment.

            g) Preparation of GPF advance/withdrawal/final payment bills  for payment through e-payment

            h) Preparation of TA on tour/transfer/retirement , LTC-Advance/final adjustment/EL encashment for max of 10days bills for payment

            i) preparation of draft on behalf of DDO for correspondences with competent authority for obtaining fund under non-plan heads and redistribution of fund thereafter to Br-DIs including this Instt. proper.

            k) preparation of draft on behalf of DDO/GAD for correspondences with competent authority for obtaining ex-post facto sanction for medical reimbursement claim as spl. Cases.

            l) Maintained the MTS GPF ledger, abstract, Calculation of GPF interest each financial year, processing of GPF final payment sanction and DLI benefit from the competent authority.           

            m)All retirement benefit claim bills like CVP, RG, CEL, Final Payment of CGEGIS(SF),GPF (final Payment) and death benefit to the deceased employee’s family member like DCRG, CGEGIS(SF/IF), CEL,DLI benefit etc.

            n)preparation of long term advance bills and calculation of Interest after repayment in full. Maintenance of long term registers.

            o) checking of medical reimbursement bills as per CS(MA)/CGHS rules and prepare the bill also.

            p) Prepare the bills also under the different heads of  OE/RRT/IT/OT/Deptt. Of Canteen etc duly obtained the sanctioned from competent authority as per GFR,R&P and DFR norms.

            q) Scrutinizing the plan programmes bills  under EDP scheme/CDP/VDP/seminar/IPR /Library as per financial guidelines before obtaining sanction from the competent authority through files and prepare the bills, computerized sanction order and e-payment  details before submitting to PAO                                                                                                                                                                                        

            r) Prepare the bills of barcode/ISO reimbursement under plan head and upload through CPSMS on behalf of DDO part between the levels of PD and PAO .

            s) scrutinize the claim of OTA of Drivers/watch & ward staff before obtaining sanction from competent authority through file and preparation of bill thereafter.

            t) Operate the PD a/c as per the instruction of GOI

            u) Deal with case of Physical Verification of Stores of each year as per GFR norms like preparation of draft on behalf of DDO to nominate the officers for verification of stores in different divisions/ workshop/ stores/Br-DIs on receipt approval from competent authority and further on receipt the report from them those are forwarded to above for compliance.

            v) disbursement of pety cash, maintain cash book, valuation register,GAR-6,deposit govt. revenue to bank through prescribed challans, deposit service tax in proper challan, 3^rd party register etc.  Correspondences with bank and  PAO.

            w) Furnish the suitable replies according the govt. administrative and financial rules against the objections raised by PAO on returning claims.

            x) Different registers like PBR, Bill, Abstract, Control, Long/Short term advance, faculties honorarium ,medical,LTC,TA  etc. are maintained.

            y) prepare LPC of transferred officials/Prepare LPC for retired and deceased employees to release their balance DCRG claim.

            z) Check the GPF Advance/withdrawal/Final payment application with the official records and applicable rules before according sanction from the competent authority from Estt. Section.

            a₁) Calculate the claim of Savings fund under CGEGIS scheme of retired/deceased  employees

            b₁) Calculate the DLI benefit linked with GPF to deceased employees

Conclusion: We fervently request to GOI to grant MACP to those destitute employees in subordinate offices to the next promotional hierarchy considering the facts stated above please.

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