Release of additional instalment of dearness allowance to Central Government employees and dearness relief to Pensioners due from 1.7.2010

The Union Cabinet today decided to release an additional instalment of Dearness Allowance (DA) to Central Government employees and Dearness Relief (DR) to pensioners w.e.f. 1.7.2010 representing an increase of 10% over the existing rate of 35% of the Basic Pay/Pension, to compensate for price rise. The increase is in accordance with the accepted formula, which is based on the recommendations of the 6th Central Pay Commission.

W.P.C.T. no. 261/2008

CIRCULAR- 05/10

Dear Comrades,

We congratulate all our comrades, who took strenuous efforts in making the organizational action programme a grand success. We would like to request all the units to post the actual depiction of the action programmes so that an overall picture of the participation in various States could be ascertained, it is necessary that we should review our performance state and region-wise. Unless we identify our weak areas, it may not be possible for us to take any corrective steps so that we will be able to acquit ourselves creditably in future programmes.

In all likelihood, the Central Trade Unions will step up the resistance movement against the economic policies in the days to come as 7^th September, has demonstrated unambiguously the growing discontent of the workers.

In the mean time Government of India was compelled to rectify child care leave Circular and made necessary changes which is welcomed by most of the Central Government employee’s oerganisation.

Despite our efforts taken right after Indore CEC meeting in consultation with the All India circles and branches, the campaign programme could not be mounted effectively. We are aware of the importance of the need and efficacy of the campaign programme, the absence of which must have affected adversely our participation in some places. This apart, it has also come to the fore that the Association must now without further loss time initiate some programmatic action in pursuance of the issues of the Inspector Central Excise as without JCM forum meetings with the Ministers and Authorities resulting the consultations/meetings into procrastinated dialogue without reaching any tangible settlement on any issue. The basic issues of anomalies are yet to be settled and there is no indication that it would be done in the near future.

Hence, all the Branch and Circle Secretaries are hereby requested to take concerted and farm effort to make the programme on 15^th a grand success.

The interim order of Calcutta High Court issued on 27.08.2010 has now been published in our blog.

In terms of the interim order, the only condition precedent for issuing the regular promotion order is the issuance of order consequent to the review of DPC held on 09.09.2004 in Kolkata Commissionerate. We submit that the most important part is complete now and Kolkata CC issued the order in relation to the review D.P.C. on 10^th instant as requested by the Association; we requested Chairman C.B.E.C to fix a date for all CC s to issue orders in the zones, rather than waiting for a compliance report from Calcutta to issue directions to other CCA s. and the date of effect of the promotion orders should at least be from 01.07.2010. Unfortunately, Board has not yet found any time to reply to our plea hence we are issuing another letter now and including this point as a fresh point in our charter of demand.

In the mean time Chairman expressed that CBEC is open for any dialogue and most of the issues which we have raised that are being taken care of. For the Dharna on 15^th September all the office bearers of the Circles/ branches/ units should take casual leave , selected comrades who will accompany the leaders shall also take casual leave; there should be a gathering of at least 50/75 inspectors in any dharna location. Kindly give prior intimation to the head of the office.

We once again place our Charter of Demand:

1. Notional fixation of pay of Inspectors of Central Excise in the pre-revised scale of Rs. 6500-10500 with effect from 01.01.1996.
2. The ongoing cadre restructuring exercise to cater to the aspirations of Group B executive cadres and to be finalized after formal and recorded consultation with the Association. Restructuring should be completed within December 2010.
3. Inspectors next promotional grade pay should be Rs. 5400/- .
4. Abolish Control Room duty and Uniform in Central Excise and Service Tax.
5. Fixation of minimum pay corresponding to pre-revised scale of Rs. 7450-11500 consequent to up-gradation ordered on 13.11.2009.
6. Anomaly in pay of 1992 batch Inspectors who received ACP prior to 20.04.2004.
7. The 1% incentive on incremental revenue should be utilized for providing facilities and infrastructure for lower level staff also.
8. Lift the ban on ICT
9. J.C.M should be conducted in Board and at local level regularly at periodic intervals.

Now, we would like to include the issue of unique and effective date of D.P.C. through out India in the post Kolakata High court interim order scenario as our last point. An intimation through proper channel should be sent to Board by all the General Secretaries.

All the units are requested to make the programmes a grand success.

The President,

All office Bearers,

Circle and Branch Secretaries Comradely Yours

For wide circulation

( KOUSIK ROY )

Non-Functional Financial Upgradation is ACP-DOPT clarifies

As per Part B and C of CCS Revised Pay Rules, 2008, Employees of certain Group B posts in various departments were fixed with the grade pay of ` 4800 and after completion of 4 years of service in the those posts, they are eligible for Non-Functional financial upgradation to the Grade pay of `5400/-

The following Posts carry the said Non-Functional Financial Upgradation

Name of Post	Pre-revised Pay Scale	Pre-revised Pay Scale taken for Revised Pay under 6CPC	Pay Band after 6CPC	Grade Pay
Section Officer/PS/Equivalent	6500-10500	7500-12000	PB-2	4800
	After 4 Years	8000-13500	PB-3	5400
Administrative Officer Grade II/Sr.Private Secretary/Equivalent	7500-12000	7500-12000	PB-2	4800
	After 4 Years	8000-13500	PB-2	5400
Superintendent (Posts)	6500-10500	7500-12000	PB-2	4800
	After 4 Years	8000-13500	PB-2	5400
Section Officer (Excluded)	7450-11500	7500-12000	PB-2	4800
		8000-13500	PB-3	5400
Income TaxOfficers/Superintendent, Appraisers Etc (Customs and Central Excise)	6500-10500	7500-12000	PB-2	4800
	After 4 Years	8000-13500	PB-2	5400
Entry grade in DANICS, DANIPS,Pondicherry Civil Service andPondicherry Police Service	6500-10500	7500-12000	PB-2	4800
	After 4 years	8000-13500	PB-3	5400

There is no confusion in this Upgradation but its effect on MACPS is the issue on hand now.

What will be the benefit under MACPS for an employee, who has been granted the grade pay of ` 5400 after completion of 4 years of service as per Part B and C of CCS Revised Pay Rules, 2008, as mentioned above?

Whether the Non-functional upgradation of grade pay from ` 4800 to ` 5400 after 4 years should be accounted as a promotion or ACP as far as MACPS is concerned? If this upgradation of grade pay is accounted as a promotion, obviously one of the three assured upgradations eligible under MACPS will be curtailed. We may think logically and say upgradation of grade pay from ` 4800 to ` 5400 under Part B and C of CCS Revised Pay Rules, 2008 is not a promotion. But, sources say DOPT has decided otherwise.

When Office of the Prinicpal Chief Controller of Accounts requested DOPT to clarify as to whether the grant of grade pay of ` 5400 in PB-2 alongwith the benefit of one increment of @3% may be treated as ACP or not, it has been clarified by DOPT to Principal Chief Controller of Accounts that the benefit of non-functional grade granted to the Superintendent (Group-B) officers after completion of 4 years would betreated as upgradation in terms of para 8.1 of Annexure-I of OM dated 19.05.2009 and the same would be off set against one financial upgradation under MACPS.

This decision is expected to result in reversal of MACP Orders issued to many of the employees who have been granted upgradation under MACPS recently.

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES - CLARIFICATIONS REG.

No. 35034/3/2008-Estt (D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment (D)

North Block, New Delhi,
Dated : 9^thSeptember, 2010

OFFICE MEMORANDUM

Subject: MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES - CLARIFICATIONS REGARDING.

The undersigned is directed to invite reference to the Department of Personnel and Training Office Memorandum of even number dated the 19th May, 2009 regarding the Modified Assured Career Progression Scheme (MACPS). Consequent upon introduction of the Scheme, clarifications have been sought by various Ministries / Departments about certain issues in connection with implementationof the MACPS. The doubts raised by varlous quarters have been duly examined and point-wise clarifications have accordingly been indicated in the Annexure.

2 The MACPS should strictly be Implemented in keeping wlth the Department of Personnel andTraining Office Memorandum of even number dated 19/05/2009 read with the aforesaid clarifications (Annexure).

3. All Ministries / Departrnents may give wide circulation to the contents of this O.M. for general guidance and appropriate action in the matter.

4. Hindi version would follow.

s/d
(Smita Kumar)
Director (Estt.I)

Annexure

[Reference:- Office Memorandum No.35034/3/2008-Estt.(D) dated 07.09.2010]

S.No	Point of doubt	Clarification
1.	1 Whether the Pay Band would change in the hierarchy of Pay Bands & Grade Pay on grant of the benefits under MACPS?	Yes. The upgradations under MACPS is to be granted in the immediate next higher grade pay in the hierarchy of recommended revised pay (band and grade pay as prescribed in the CCS, (RP) Rules, 2008.
2.	Whether the benefits of MACPS would be allowed to the Government servants who have been later on inducted in the Organized Group “A” Service	No. The benefits under MACPS is not applicable to Group ‘A’ officer of Organised Group ‘A’ Services, as the officer under Organized Group ‘A’ Services have already been allowed panty of two years on non-functional basis with the officers of Indian Administrative Service (IAS)
3.	How will the benefits of ACP be granted if due between 01.01.2006 and 31.08.2008?	The new MACPS has come into existence w.e.f. 01.09.2008. However, the pay structure has been changed w.e.f. 01.01.2006. Therefore the previous ACPS would be applicable in the new pay structure adopted w e f . 01.01.2006. Para 6.1 of Annexure-1 of MACPS is only for exercising option for coming over to the revised pay structure and not for grant of benefits under MACPS. The following illustrations would explain the position: (A) In the case of isolated post: Date of appointment in entry Grade in the pre-revised pay scale of Rs.4000-6000: 01.10.1982 1st ACP granted on 09.08.1999 : Rs.4500-7000 (pre-revised) 2nd ACP due on 01 10 2006 : Rs.5000-8000 (pre-revised) [revised PB-2 Grade Pay of Rs.4200] 3rd financial upgradation under the MACPS would be due on 01.10 2012 (on completion of 30 years of continuous regular service) in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay i.e. Grade Pay of Rs.4600 in PB-2. (B) In the case of normal promotional hierarchy: Date of appointment in entry Grade in the pre-revised pay scale of Rs.5500-9000: 01.10.1982 1st ACP granted on 09.08.1999 : Rs.6500-10500 (pre-revised) 2nd ACP due on 01.10.2006 (as per the existing hierarchy) : Rs.10000-15200 (pre-revised). Therefore, 2nd ACP would be in PB-3 with Grade Pay of Rs.6600 (in terms of hierarchy available): 3rd financial upgradation under MACPS would be due on 01.10.2012 in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay of Rs.7600.
4.	Whether the benefits of MACPS would be granted from the date of entry grade or from the date of thew regular servlce/approved service counted under varlous service rules	The benefits under MACPS would be available from the date of actual joining of the post in the entry grade.
5.	In a case where a person is appointed to an ex-cadre post in higher scale on deputation followed by absorption. whether the period spent on deputatlon perlod would be counted as continuous servlce in the grade or not for the purpose of MACPS	(i) Where a person is appointed on direct recruitment/deputation basis from another post in the same grade, then past regular service as well as past promotions/ACP, in the earlier post, will be counted for computing regular service for the purpose of MACPS in the new hierarchy. (ii) However, where a person iS appointed to an ex-cadre post in higher scale initially on deputation followed by absorption, while the service rendered in the earlier post, which was in a lower scale cannot be counted, there is no objection to the period spent initially on deputation in the ex-cadre post prior to absorption being counted towards regular service for the purposes of grant offinancial upgradation under MACPS, as it is in the same Pay band/grade pay of the post.
6.	Whether the pay scale/grade pay of substantive post would be taken into account for appointment/selection to a higher post on deputation basis or the pay scale/grade pay carrying by a Government servant on accountfinancial upgradation(s) under ACP/MACP Scheme	The pay scale/grade pay of substantive post would only be taken into account for deciding the eligibility for appointment/selection to a higher post on deputation basis.
7.	In a case where 1st/2nd~ financialupgradations are postponed onaccount of the employees not found fit or due to departmental proceedings, etc. whether this would have consequential effect on the 2nd/3rd financialupgradation or not.	Yes. If a financial upgradation has been deferred/postponed on account of the employee not found fit or due to departmental proceedings, etc.. the 2nd/3rd financial upgradations under MACPS would have consequential effect. (Para 18 of Annexure-1 of MACPS referred).
8.	In a case where the Government servant have already earned three promotions and still stagnated in one grade for more than 10 years, whether he would be entitle for any further upgradation under MACPS	No. Since the Government servant has already earned three promotions, he would not be entitled for any further financial upgradation under MACPS.
9.	Whether the pre-revised pay scale of Rs.2750-4400 in respect of Group ‘D’ non matriculate employees, would also be taken as merged to grade pay of Rs.1800 for the purpose of MACPS in view of merger of pre-revised pay scales ofRs.2550-3200, Rs.2610-3540, Rs.2610-4000 and Rs.2650-4000, which have been upgraded and replaced by the revised pay structure of grade pay of Rs.1800 in the pay band PB-1.	Yes
10.	If a Govt Servant on deputation earns upgradation under MACPS in the parent cadre, whether he would be entitled for deputation (duty) allowance on the pay and emoluments granted under the MACPS or not?	No. While eligibility of an employee for appointment against ex-cadre posts in terms of the provisions of the RRs of the ex-cadre post will continue to be determined with reference to the post/pay scale of the post held in the parent cadre on regular basis (and not with referenceto the higher scale granted under ACPS/MACPS). such an officer, in the event of his selection, may be allowed to opt to draw the pay in the higher scale under ACP/MACP Scheme without deputation allowance during the period of deputation, if it is more beneficial than the normal entitlements under the existing general order regulating pay on appointment on deputation basis.
11.	Since the pay scales of Group “D” employees have been merged and placed in the Grade Pay of Rs.1800, whether they are entitled for grant of increment @ 3% during pay fixation at every stage.	Yes. On the analogy of point 22 of Annexure-1 of MACPS, the pay of such Group “D” employees who have been placed in the Grade Pay of Rs.1800 w.e.f. 01.01.2006 shall be fixed successively in the next three immediate higher grade pays in the hierarchy of revised paybands and grade pays allowing the benefit of 3% pay fixation at every stage.

'CHILD CARE LEAVE'...... CONDITIONS REVISED RED SALUTE TO WORKING CLASSES MOVEMENT

No. 13018 /1/2010-Estt. (Leave)
Government of India
Minisby of Personnel, P.G. and Pensions
(Department of Personnel & Training)
New Delhi, the 7th September, 2010
Office Memorandum
Sub: Child Care Leave in respect of Central Government employees
as a result of Sixth Central Pay Commission recommendations -
Clarification regarding

The undersigned is directed to say that this Department has been receiving representations from Government Servants through various quarters like the Public Grievances CelVAssociations etc requesting to review the decision to allow Child Care Leave (CCL)
only if the employee has no E.L. at her credit.
2. This Department's O.M. No.13018/2/2008-Estt.(L) dated 11/09/2008 regarding introduction of Child Care Leave in respect of Central Government employees and subsequent clarifications vide O.Ms. dated 29/9/2008, 1811 112008 and 2/12/2008 were reviewed.
It has now been decided in consultation with Department of Expenditure, to delete the condition that CCL can be availed only if the employee concerned has no Earned Leave at her credit, subject to the following conditions:-
(i) CCL may not be granted in more than 3 spells in a calendar year.
(ii) CCL may not be granted for less than 15 days.
(iii) CCL should not ordinarily be granted during the probation
period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which this leave is sanctioned during probation is minimal.
3. It is reiterated that the leave is to be treated like Earned Leave and sanctioned as such.
4. These orders take effect from 1.9.2008. Earned Leave, if any, availed by women employees before availing CCL subsequent to the issue of the OM 13018/2/2008-Estt. (L) dated 18- 1 1-2008 may be adjusted against CCL, if so requested by the employee.
5. Hindi version will follow.
Director
All Ministriesmepartments of the Govt. of India, etc
(As per standard mailing lrsr).
F.No. 13018/1/2010-Lstt.(O New Delhi, the 7"' Seote~nber 2010
Copy also forwarded to:
I . All MinistrieslDepartme~lt of the Govl. of India.
2. Office orthe Co~nptroller& Auditor General of India.
3. Office of the Controller General of Accounts. Ministry of Financc.
4. Secretaries to Union Public Service Com~nissionISupre~nCe ourt of India/
Election Com~l~issionlLok Sabha Sectt./Rajya Sabha Sectt.1Cabinet
Sectt.1Central Vigilance CornmissionRresident's Sec1t.i Vice-President's;
Prirne Minister's OfficelPlanning Co~nlnission.
5. All State Governments and Union Territories.
6: Governors of all StatcslLt. Governors of all Union Territories.
7. Secretary. National Council of JCM (Staff Side), 13-C, Feroz Shah Road.
New Dellli.
8. All Members ol- Stafl' Side of the National Council of JCMlDepartr~~e~~tal
Council.
9. All Oflicel-s1Sectiuns of DOPTlDeptt. of Administrative Reforms & Public
Grievances/Depal.tment of Pensions & Pensioners WelfarelPESB
10. Ministry of Finance, Department of Expenditure
1 1 . Ot'ficial Language Wing (Legislative Deptt.). Bhagwan Dass lioad, New Delhi.
12. Railway Bmrd, New Delhi.
n. NIC, DOPI'.
14. 50 spare copies.