INDWF writes a letter to Dopt
INDWF/MACP/2013/3001 Date: 07.01.2013
To
The Secretary to Government of India,
Department of Personnel & Training,
New Delhi 110 011.
Sub: Granting of MACP-3 to Master craftsman holding the posts prior to 01.01.2006 and re-designation/Transfer to Chargeman (T) in Defence
Ref: i) DOP&T letter ID No.7680/12/CR dt.13.07.2012 & M of D ID No.11 (5)/2009-D (Civ-1) dt 23.07.2012
ii) Our representation to DOP&T letter No.INDWF/MACP/M of D/3001/2012 dt 22.11.2012 and 11.12.2012
Sir,
In continuation to our above reference letters cited above, we further wish to submit our representation on the above subject for your early and speedy actions to grant 3rd MACP to MCM and Chargeman transferred from MCM in the Defence Establishments.
MOD I.D.No.11 (1)/2002/D(Civ-I) dated 20.05.2003 states that:
“Highly Skilled Grade II and Highly Skilled Grade I have been merged w.e.f. 01.01.1996 and the grade structure of skilled and Highly Skilled Grade categories shall be in the ratio of 65:35 with 10% of Highly Skilled employees as Master Craftsman w.e.f. 01.01.1996 to 19.05.2003.
Para 3(b) of the MOD I.D. dated 20.05.2003 further states that “Master Craftsman shall not be part of the Hierarchy and the placement in this grade will not be treated as promotions for Highly skilled Grade either under normal promotion rules or under ACP Scheme”
Employees having MCM Grade prior to 01.01.2006 and MCM got transferred to Chargeman were considered for 3rd MACP and granted Rs.4,600/- Grade Pay. Based on MOD I.D. dated 23.07.2012, PC of A Fys, Kolkatta issued instructions vide their letter No.Pay/Tech-II/04/2012/20 dated 02.10.2012 to all CDA’s/Br. Accounts Office to implement the ibid M of D order dt.23.07.2012 allowing the Grade Pay of Rs.4,200/- instead of Rs.4,600/- to MCM’s who got 3rd MACP upgradation and resultant over payment if any may be recovered. Based on that, the recovery on overpayment was proposed. On the representation pending with DOP&T, it was agreed by PC of AFys, Kolkatta to maintain the STATUS QUO upto December 2012 due to which the recovery has been kept in abeyance for one month till December 2012.
In respect of the issue, we would like to request you to review your clarifications given to M of D vide your letter dt 13.07.2012. The following points needs to be considered on the reasons given below in this regard
i. The post of Master craftsman does not find mention as feeder category in any of the SROs for Chargeman. The Master Craftsman are being made Chargeman using the provisions of existing SRO 13(E) of 1989 in which HS is the feeder grade and Master Craftsman being part of Highly Skilled grade was eligible for promotion to Chargeman.
ii. Therefore, consequent upon implementation of 4 grade structure in respect of Artisan Staff, MCM are being made Chargeman which happens to be in the same Grade pay of Rs.4200/- without giving them any benefits of pay fixation. This movement of MCM to Chargeman cannot be construed as promotion in the same grade.
Reference is also invited to Clarification No.35 of DOP&T OM F.No.35035/1/97-Estt(D)/(Vol.IV) dated 18thJuly 2001, which is being reproduced below for ready reference
|
Sl.No. |
Point of Doubt |
Clarification |
|
35 |
Whether placement/appointment in higher scales of pay based on the recommendation of the Pay Commissions or Committees set up to rationalise the cadre is to be reckoned as promotion/financial upgradation and offset against the two financial up gradations applicable under the ACP Scheme? |
Where all the post are placed in a higher scale of pay, with or without a change in the designation, without requirement of any new qualification for holding the post in the higher grade, not specified in the Recruitment Rules for the existing post and without involving any change in responsibilities and duties, then placement of all the incumbents against such upgraded posts is not be treated as promotion/upgradation. |
Thus the following become very evident from the above elucidations.
a. The post of MCM was not post of hierarchy prior to 01.01.2006 and as such movement of an employee from Highly Skilled to Master Craftsman cannot be treated as promotions for any purpose, including ACP/MACP.
b. As per DOP&T OM of 2001, it is clear that since all the posts of MCM as on 31.12.2005 were enbloc upgraded to Higher Pay Scale, the higher pay scale granted to MCM w.e.f.01.01.2006 cannot be treated as promotion. Accordingly the MCM who are placed in the pre-revised pay scale of Rs.5000-8000 w.e.f. 01.01.2006 are entitled for their next ACP/MACP in PB 2 + Grade Pay Rs.4600/- by ignoring the higher pay scale granted to them w.e.f.01.01.2006
c. The post of MCM, is part of hierarchy w.e.f. 01.01.2006 but not a feeder post to Chargeman, and as such any movement from MCM to Chargeman cannot be treated as a case of promotion in the same Grade pay.
A copy of PC of A(Fys) circular no.Pay/Tech-II dated 05.10.2012 is also being enclosed, wherein it has been clearly opined that in view of various Government communications on the subject of ACP/MACP, the post of Master craftsman should logically get 3rd MACP in the Grade Pay of Rs.4600/-.
In view of the facts as stated above, OFB has recommended that the post of Master Craftsman should get 3rd MACP in the Grade Pay of Rs.4600/-. It is therefore requested that the matter be viewed afresh by DOP&T in the light of above facts and get the matter resolved at an early date.
Since the recovery has been kept in abeyance by PC of A Fys, Kolkatta till December 2012, it is requested that an early decision in this regard is most important as many employees including retiring employees fixation of pension and granting of terminal benefits etc. In E-in-C’s Directorate, the Master Craftsman is not having any further promotion to next higher grade.
On the basis of the report in this respect submitted by Ordnance Factory Board to M of D and the same was submitted to DOP&T by M of D, an immediate action is required at the earliest for settling the matter by granting 3rd MACP to MCM and the MCM transferred to Chargeman(T) as it is not a feeder grade to Chargeman as per the provisions of the existing SRO.
An early action in this regard is expected at an early date.
Yours Sincerely,
(R.SRINIVASAN)
General Secretary, INDWF &
Member National Council (JCM)
Standing Committee
source-http://indwf.blogspot.in/2013/02/indwfmacp20133001-date07.html
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