DO letter of Secretary,MOUD to Secretary,DoPT -Reminder for allowing option to choose either ACPS or MACPS by the individuals of Subordinate Engineering cadre
Dr. Sudhir Krishna
MINISTRY OF URBAN DEVELOPMENT
NIRMAN BHAVAN, NEW DELHI
Tel. : 23062377, Fax : 23061469
E-mail : firstname.lastname@example.org
URL : http://urbanindia.nic.in
Secretary to the Government of lndla
D.O. No. 55/4/2013-S&D/8
Dated 1st oct. 2013
Kindly refer to my DO letter of even No. dt. 13.8.2013 in connection with redressal of disadvantageous provisions of MACPS for the Subordinate Engineering cadre and similarly placed cadres of CPWD.
The proposal sent by this ministry in Ju1’2013 for allowing individual option to choose their earlier ACPS or MACPS by the employee is a balanced and just one and caters to the concerns of all Individuals. DoPT must not have any reservation In accepting the same since change of the scheme by the Government should not be to the disadvantage of the individual employee.
Already many court cases for review of the MACPS have cropped in. In this regard, Iwould like to quote a Court Case (OA No. 278/2013) by some Assistant Engineers of CPWD for review of MACPS, draft counter reply to which quoting anomalous and disadvantageous provisions of MACPS was sent to DoPT for vetting . DoPT has not agreed to the reply and intimated that reply should be modified ·by the administrative ministry mentioning that operation of the both the schemes in the same cadre is against the provisions of MACPS. In other words individual option to employees to opt for either ACPS or MACPS is not permissible.
In this context, I would also bring to the notice that CAT, Chandigarh in OA No. 1038/201.0 has allowed grant of financial upgradations under MACP in the promotional hierarchy, which has been upheld by Hon’ble High Court of Chandigarh in CWP 1938712011. Although the case has not achieved finality as the SLP filed by the Government in the in the Hon’ble Supreme Court was dismissed though not on merits but on account of non condonatioan of delay. Thus by allowing individual option, Government shall be saved of many expected court cases and possible grant of financial upgradations in .the promotional hierarchy under MACPS.
Discontent in the cadres is affecting the efficient functioning of the Department. The problem shall further aggravate, if above proposal of this ministry does not find favour of DoPT. In the circumstances, I would once again request to consider the proposal favourably for allowing option to choose either earlier ACPS or MACPS by the individuals.
Dr.Syamal Kumar Sarkar Secretary (Personnel)
Department of Personnel & Training
M/o Personnel, Public Grievances and Pensions North Block, New Delhi