Not
feasible to extend the benefits of MACP during 01.01.2006 to
31.08.2008, as more than nine years of time has passed since the
implementation of MACP”
To
All Cadre Controlling Authorities under CBIC
Madam / Sir,
5.This issues with the approval of Competent Authority.
Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees
F.No.A-26017/166/2018-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
North Block, New Delhi
Dated the 9th January, 2019
To
All Cadre Controlling Authorities under CBIC
Subject: Modified Assured Career Progression Scheme (MACPS) for the Central Government Civilian Employees -regarding
Madam / Sir,
The
Modified Assured Career Progression Scheme (MACP) for the Central
Government Civilian Employees was introduced on the recommendation of
the 6th Central Pay Commission vide Department of Personnel and Training
(DoP&T) OM No.35034/3/2008-Estt(D) dated 19.05.2009 w.e.f.
01.09.2008.
2.The
Board has been receiving a number of references from individuals/
Commissionerates /CBN, CBIC, seeking clarification on the applicability
of the judgement dated 08.12.2017 of the Hon’ble Supreme Court in Civil
Appeal Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh
Turn & Anr. on grant of MACP from 01.01.2006 instead of 01.09.2008.
3.
DoP&T is the nodal Department for regulation of MACP Scheme. The
matter has been examined in the Board in consultation with DoP&T.
DoP&T has, inter alia, observed that: –
The Order dated 08.12.2017 of the Hon’ble Supreme Court in Civil Appeal
Diary No. 3744 of 2016, in case of UOI and Ors. Vs. Balbir Singh Turn
& Anr is in the context of MACP Scheme issued by Ministry of Defence
(MoD) with regard to Personnel below Officer Rank (PBOR) and hence the
order of Hon’ble Apex Court is directly not applicable to the MACP
Scheme issued by DoP&T for civilian employees. Therefore, request
for grant of MACP benefits w.e.f. 01.01.2006 may not be agreed to on the
following grounds: –
(i) The VI Pay Commission recommended separate Schemes for civilian and
the Defence Personnel. After the recommendations were considered and
approved by the Cabinet, D/o Expenditure issued Resolution dated
29.08.2008 in respect of civilian employees. M/o Defence issued
resolution dated 30.08.2008 regarding extension of VI CPC benefits to
Armed Forces Personnel. Thus, the Civilian and the PBOR personnel are
governed by two different Resolutions.
(ii) The recommendations of the 6th CPC were accepted by the Government
only on 29.08.2008 (30.08.2008 in case of PBOR). The recommendations of
the 66 CPC were required to be examined and a scheme was to be
formulated in consultation with Department of Expenditure and the same
took considerable time for its implementation. Before implementation of
the Scheme, a cut off date had to be decided/fixed. Accordingly, the
Government has taken a conscious decision for implementing the MACPS
w.e.f. 01.09.2008. Though the MACPS came into existence only w.e.f.
01.09.2008, the benefits of the existing ACP Scheme of August, 1999, was
allowed to the Government servants upto 31.08.2008.
(iii) Changing the effective date of implementation of MACP from
01.09.2008 to 01.01.2006 may be beneficial to certain employees, but
this would also place certain other employees at a disadvantage thereby
entailing huge recoveries from them. It may be difficult to make
recoveries from the employees who have availed higher financial benefit
under ACP during 01.01.2006 to 31.08.2008 and retired from service.
(iv) The MACP is a condition of service and, hence, cannot be given
retrospective effect. It is upto Government to take a conscious decision
to implement it uniformly from a certain date.
(v) It is not feasible to extend the benefits of MACP during 01.01.2006
to 31.08.2008, as more than nine years of time has passed since the
implementation of MACP and the issues have been settled as per extant
instructions. The change of effective date will lead to surge of
litigation particularly from employees who availed the benefits of ACP
scheme during 01.01.2006 to 31.08.2008.
(vi) Vide Order dated 14.02.2017, Hon’ble High Court of Judicature at
Madras in Writ petition Nos. 33946, 34602 and 27798 of 2014 has held
that the benefit of erstwhile ACP Scheme cannot be negated by bringing a
new Scheme i.e. MACP Scheme with retrospective effect.
4.Based on the above, you are requested to take appropriate action on the references received on this issue.
5.This issues with the approval of Competent Authority.
Yours faithfully,
(M.K.Gupta)
Under Secretary to the Government of India