CERTAIN POINTS RELATING TO MACP/ACP. ASSOCIATIONS MAY CONSIDER SUCH POINTS TO RAISE GRIEVANCE ON SUCH POINTS.

 The ACP Scheme was implemented by the Central Government in pursuance of the recommendations of VCPC and it was decided to grant financial up-gradations to the government servants on completion of 12 and 14 years regular service, if no regular promotion during the prescribed period (12/24-years) have been granted to an employee. For the purpose of calculating the 12/24 years of regular service the date of actual appointment in service as the date of commencement of regular service was taken and accordingly the ACP benefits had been given on completion of 12/24 years from the date of actual appointment in the respective grade.

            However, DoPT Establishment-D have of late clarified that-

“for the purpose of ACP Scheme, the regular service will have to be same as counted for regular promotion and that the regular service/residency service will have to commence from the 1st July of the year of examination. In other works, the regular service in respect of direct recruitment will commence from the 1st July of the year following the year of examination and in respect of seniority quota/departmental examination candidates, the regular service will commence from the 1st July of the Select List year in which they have been included.”

            Under the Office Memorandum No.A-31016/3/99-Ad.1 (B) dated 31.10.2002 issued by Ministry of Home Affairs, Government of India it has been clarified  in this respect.

            The CBEC  has been fixing the seniority of direct recruit  on the basis of their rank allotted by the staff selection commission 

            It is therefore a, suitable order is required to be issued  for:-

(1) Review of financial upgradations granted under ACPs in the CBEC

            And

(2) Grant of financial upgradation to the direct recruits  counting their seniority in service from 1^st July of the year following the year of recruitment (SSC) Examination.

Further Vide  the judgement of the Hon’ble Supreme Court in the matter of granting of MACP with effect from 01.01.2006 vide W.P (C ) No. 3744 of 2016 dated 08/12/2017  it is to be stated  that the  MACP Scheme was introduced by the Central Government on the basis of the recommendations of the 6th Central Pay Commission. Though Union Cabinet had decided to implement the recommendations of 6th CPC with effect from 01.01.2006 retrospectively, however DOPT had issued notification to implement the MACP scheme w.e.f 01.09.2008 prospectively.The Hon’ble Apex court in the matter vide W.P 3744 of 2016 dated 08/12/2017. has categorically stated that the Govt’s decision to make the scheme effective prospectively was wrong and the scheme has to be implemented with effective from 1.1.2006.

 Hence  the Govt. may issue necessary orders making the MACP Scheme Effective from 1.1.2006 instead of 1.9.2008.