A copy of the D.O. letter written by the Secretary, Ministry of Urban Development to the Secretary, DOPT for allowing individual option to choose either earlier ACPS or MACPS by the employees is given hereunder.
Letter No.1 on Option to choose either ACP or MACPS by central government employee
Issue of redressal of anomalous and disadvantageous provisions of MACPS for the Subordinate Engineering cadre and similarly placed cadres of CPWD has been taken up with DoPT through several proposals since Me very inception of the scheme but none of the proposals has found favour. This has resulted in great discontent to the Subordinate Engineering cadre of CPWD.
Above issue was also discussed with you informally on 1.8.2013. It was apprised that individual option to choose either earlier ACPS or MACPS by the employee is the only solution to cater to the concerns of all individuals. A proposal of this Ministry in this regard under consideration in DoPT.
As the matter concerns above 6000 subordinate Engineers of CPWD, I would request that they may be allowed to exercise their individual option to choose either earlier ACPS or MACPS. This will not only alleviate the discontent in the cadre but also avoid cropping up of the court cases.
Letter No.2 on Option to choose either ACP or MACPS by central government employees
Kindly refer to my DO letter of even No dt. 13.8.2013 in connect:on with redressal of disadvantageous provisions of MACPS for the Subordinate Engineering cadre and similarly placed cadres CPWD.
The proposal sent by this Ministry in Jul’2013 for allowing individual option to choose either 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, would like to quote a Court Case (OA No. 275/2013) by some Assistant Engineers of CPWD for review of MACPS, draft counter reply to which quoting anomalous end 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 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 notes that CAT, Chandigarh in OA No. 1038/2010 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 the case has not achieved fatality as the SLP had by the Government the in the Hon`ble Supreme Court was dismissed though not on merits but on account of non condonation 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 tno cadres is affecting the efficient functioning of the Department. The problem shall further aggravate, if above proposal of this ministry does not find favour or DoPT in the circumstances would once again request to consider the proposal favourably, for allowing option to choose either ACP or MACPS by the individual.