Restoration of 1/3rd commuted portion of pension - in public sector undertaking/autonomous bodies

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

F.No.4/38/2008-P&PW(D)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

Department of Pension & Pensioners' Welfare

Lok Nayak Bhawan,

Khan Market,New Delhi-03

dated 17.9.2009

OFFICE MEMORANDUM

Subject:- Representation on mentioned of revision of restorable 1/3 commuted portion of pension consequent to 6th Pay Commission recommendations in respect of Govt. Servants who had drawn lump-sum payment on absorption in public sector undertaking/autonomous bodies - regarding.

This Department has been receiving representations on the above noted subject. In this regard, the undersigned is directed to state that the Government had issued instructions on restoration of 1/3rd commuted portion of pension on absorption in public sector undertaking/autonomous bodies implementing the Andhara Pradesh high court judgment dated 24.12.03 in Writ petition No. 8532 of 2003 followed by the Supreme Court judgment dated 29.11.08 in Civil appeal No.5269 of 2006 srising out of SLP Nos 21647 -648 of 2005 and the Supreme Court judgment dated 24.7.2007 in Review petition No.643 of 07 vide O.M.No.4/79/2006-P&PW(G) dated 6.9.2007 in consultation with Ministry of Law & Justice and Ministry of Finance (Deptt. of Expenditure). It was further clarified vide OM dated 13.5.08. In pursuance of Government's decision on the recommendations of Sixth Central Pay Commission, Instructions have been issued for revision of 1/3rd restorable pension of such absorbees vide Deptt. of Pension & Pensioners Welfare's OM of even No. dated 15th September 2008 followed by OM dated 27.5.2009.

2. The formula for arriving at 1/3rd restorable pension in the OM dated 15.9.2008 is on the same lines which the Hon'ble Court has prescribed in the above mentioned judgment as the revision of restorable pension of such absorbees is governed by the Hon'ble Court judgment mentioned above. It is pertinent to mention that pension is revised as per instructions for any other pensioners as it is not regulated by Hon'ble Court order. So far as instructions contained in O.M.dted 27.5.2009 are concerned this has been issued so as to protect this class of pensioners in case there is loss in 1/3rd restorable pension plus DA w.r.t.pre-revised 1/3rd restorable pension plus DP plus DR.

Modified Assured Career Progression Scheme (MACPS) - Clarification

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

No.A-23011/20/ACP/2009/MF.CGA(A)/NGE/343

Government of India

Ministry of Finance

DEPARTMENT OF EXPENDITURE

CONTROLLER GENERAL OF ACCOUNTS

LOK NAYAK BHAWAN, KHAN MARKET

New Delhi, Dated 10th JUNE,2009.

OFFICE MEMORANDUM

Subject:- Modified Assured Career Progression Scheme (MACP) for the Central Government Civilian Employees

In pursuance of the recommendations of Sixth Central Pay Commission (Para 6.1.15) of its report), Department of Personnel and Training vide their OM No.35034/3/2008-Esst.(D)dated 19.05.2009 has circulated the Modified Assured Career Progression Scheme (MACPS).A copy of the same may be downloaded from the DOPT site i.e. www.persmin.nic.in. The modalities for grant of financial up gradation as explained in the scheme annexed to the OM may be followed in toto. The details of the posts covered under Para 5 & 6.2 of the Scheme are given in Para 2nd and 3rd below.

2. In terms of para 5 of MACPS "Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS". The following categories of employees of Accounts Cadre are covered by this provision.

a) The pay scales of stenographers Grade II(Rs.5000-8000), stenographer Grade I(Rs.5500-9000) and Private Secretaries(Rs.6500-10500) have been merged as recommended by the Sixth CPC and they have been placed in grade pay of Rs.4200/- in Pay Band-2. Hence the promotion/financial upgradation granted to stenographers i.e. Stenographer Grade II to Grade I and from Grade I to PS prior to 01.01.2006 is to be ignored. After the implantation of MACPS, financial upgradations may be granted to them in the next higher Grade Pay of Rs.4600/- and Rs.4800/- as the case may be.

b) The pay scales of JAO (Rs.6500-10500) and AAO (Rs.7450-11500) have been merged and upgraded to Rs.7500-12000 as recommended by the Sixth Pay commission and they have been placed in grade pay of Rs.4800/- in Pay Band-2. Hence the promotion / financial upgradation granted to JAOs prior to 1.1.2006 is to be ignored. After the implantation of MACPS, 3rd financial upgradation may be granted to them in the next higher grade pay of Rs.5400/- on completion of 10 years service in the grade pay of Rs. 4800/- or on completion of 30 years of service, whichever is earlier.

3. As per Para 6.2 of MACPS "in cases where financial upgradations have been granted to the government servants in the higher scale in the Ministry of their cadre as per the provisions of ACP Scheme, 1999 but whereas as a result of the implementation of the Sixth CPC's recommendations, the next higher post in the hierarchy of the cadre has been upgraded by granting higher grade pay, the pay of such employees in the revised pay structure will be fixed with reference to the higher grade pay granted to the post." The senior Accountants who had already been granted 2nd financial upgradation in the next higher scale in the hierarchy in CCAS Cadre i.e.pay scale of Junior Accounts Officer as per the provisions of ACP Scheme of August 1999, are covered by this provision of the MACPS. They will be granted Grade Pay of Rs.4800/- in the Pay Band PB-2 consequent-upon upgradation of the post of JAO with effect from 01.01.2006.

4. It has been decided that financial upgradations under MACPS to Group 'D' re-designated as Group 'C', LDCs, Accountants, Senior Accountants, Stenographers, Staff Car Drivers and Data Entry Operators will be granted by respective CCAs/CAs. The Screening Committee will be constituted by the CCAs/CAs of the respective Ministries / Departments in accordance with Para 4 of DOPT Om dated 19.5.2009 for grant of financial upgaradation to their employees, In the case of grant of financial upgradation to JAO/AAO under MACPS, the eligibility for such upgradatrion will first be examined by the respective CCAs/CAs and thereafter the cases of eligible officers along with their CR dossier may be forwarded to this office by 22.6.2009 positively.