Grant of MACP on Promotional Hierarchy - CAT Guwahati

Grant of MACP on Promotional Hierarchy - CAT Guwahati GRANT OF MACP ON PROMOTIONAL HIERARCHY: CAT GUWAHATI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO ASSISTANT ENGINEERS OF CPWD. THE CASE WAS FILED BY SHRI NARAYAN KALITA AND 26 ASSISTANT ENGINEERS VIDE OA NO. 040/000052 OF 2014. By citing the judgments delivered by the Principle CAT, Delhi & High Court Chandigarh on the subject the Hon’ble judges have observed that “ In our considered view the aforesaid judgement rendered by the Chandigarh Bench as upheld by the Hon’ble High Court of Punjab and Haryana as well as judgement passed by the CAT, Principle Bench. In view of the above the present OA is allowed. Respondents are directed to grant scale of pay (PB-3) of Rs. 15,600-39,100+ Grade Pay of Rs. 6600/ attached to the said promotional posts of Executive Engineer from due date to the applicants. The aforesaid directions shall be complied with within a period of three months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.” Source: www.aiamshq.blogspot.in [http://aiamshq.blogspot.in/2014/08/grant-of-macp-on-promotional-hierarchy_16.html]

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Financial upgradation in the next promotional grade Hierarchy under MACP

Financial upgradation in the next promotional grade Hierarchy under MACP Shiva Gopal Mishra Secretary National Council (Staff Side) Joint Consultative Machinery for Central Government Employees 13-C, Ferozshah Road, New Delhi - 110001 No.NC-JCM-2014/MACP May 16, 2014 The Secretary, Department of Personnel & Training, North Block, New Delhi Sub:- Financial upgradation in the next promotional grade Hierarchy under MACP Ref:- Your letter No. P-l3025/11/2014-AT dated 4.4.2014 Your letter No. P-26012/5/2011-AT dated 19.8.2013  [See also: Grant of MACP on Promotional Hierarchy only to petitioner on personal basis not the treated as a precedent ] Dear Sir, You have granted financial upgradation to Shri Rajpal in the Promotional hierarchy under MACP in compliance of direction of Hon’ble Central Administrative Tribunal Chandigarh Bench dated 31.5.2011 in O.A. No. 1038/CH/2010 Rajpal Vs UOI & Others. You have treated it as a judgment in personum and not a judgment in rem so far as other employees covered under MACP are concerned. Your plea is that SLP No. 7967/2013 filed by the Department / Government against the judgment of Hon’ble High Court Chandigarh in C W P No.l938/2011 was discussed on technical grounds and not on merit in this case. The ground wasinsufficient explanation given to condone the delay in refilling the SLP. In this connection I may bring to your kind notice that Supreme Court in catina ofcases (i. e. G.C. Ghosh Vs UoI [(1992) 19 ATC 94 SC] dated 20.7.98) has ruled that decision taken in one specific case either by the judiciary or the Government should be applied to all identical cases (i.e similarly circumstanced) without forcing other employees to approach the Court of law for identical remedy or relief. Since whether MACP should be granted to next promotional hierarchy or next grade pay hierarchy is a common issue applicable to all Government employees the decision in the case of Rajpal should be made applicable to all Government employees who are granted financial upgradation under MACP. Since you have already granted MACP in next promotional hierarchy to Rajpal it has been absolute and has to be implemented in the case of all Government employees who are similarly placed under MACP. I, therefore, request you to reconsider and suitably modify the MACP Scheme providing for financial upgradation in the promotional hierarchy. Thanking you, Yours faithfully, sd/- (Shiva Gopal Mishra) Secretary Copy to Shri Sadhu Singh, Member, National Council (Staff Side) - JCM Organizing Secretary / BPMS with reference to their letter No. BPMS/MACPS/ 64 (7/3/M) dated 5.5.2014 (received by mail) Source: http://bpms.org.in/documents/macp-5wt6.pdf

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Clarification on MACP : Grant of Third Financial Upgradation under Modified Assured Career Progression Scheme (MACPS) to AAOs - PCAFYS Orders

Clarification on MACP : Grant of Third Financial Upgradation under Modified Assured Career Progression Scheme (MACPS) to AAOs - PCAFYS Orders Office of the Principal Controller of Accounts (Fys) 10A, Shaheed Khudiram Bose Road, Kolkata-700001 CIRCULAR No.1071/AN-III/MACP/AAO/Vol:VIII Dt : 26.04.13  To All Sectins of M.O. including RTC The O/C, A.O., OFP, Nalanda, Rajgir - 803116 The O/C, A.O., OFP, OF(P)KORWA OFB, Finance Division, Kolkata Sub: Grant of Third Financial Upgradation under Modified Assured Career Progression Scheme (MACPS) to AAOs Please furnish names of Assistant Accounts Officers who have already been granted two regular promotion and will be completing either 10 years of regular service in the grade pay of Rs. 4800 from the date of second promotion or 30 years of regular service from the date of initial appointment between 01.10.13 and 31.03.14 for consideration of third financial upgradation under MACPs. 2.It is also requested to furnish LEFT OVER cases, if any. The names of the eligible individuals may be furnished in the following format :- Name, Grade and A/C No. Date of Birth Date of Appointment with grade Date of 1st promotion with grade Date of 2nd promotion with grade Certificate : Discipline, Vigilance (if any criminal case is pending/inititated the same may also please be informed) Remarks, if any 3. 15.05.2013. Nil report is also required. Source : www.pcafys.nic.in [http://pcafys.nic.in/files/IMG_11.pdf]

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PCAFYS Orders 2013 : Grant of Second Financial Upgradation under Modified Assured Career Progression Scheme (MACPS) to AAOs

PCAFYS Orders 2013 : Grant of Second Financial Upgradation under Modified Assured Career Progression Scheme (MACPS) to AAOs Office of the Principal Controller of Accounts (Fys) 10A, Shaheed Khudiram Bose Road, Kolkata-700001 CIRCULAR No: 1071/AN-III/MACP/AAO/Vol:VIII Dt : 26/04/13 To I. All C of F & A(Fys) ii. All Br.A.Os iii. All Sectins of M.O. including RTC iv. The O/C, A.O., OFP, Nalanda, Rajgir - 803116 v. The O/C, A.O., OFP, OF(P)KORWA vi. OFB, Finance Division, Kolkata Sub: Grant of Second Financial Upgradation under Modified Assured Career Progression Scheme (MACPS) to AAOs Please furnish names of Assistant Accounts Officers who have already been granted one regular promotion and will be completing either 10 years of regular service in the grade pay of Rs. 4800 from the date of second promotion or 20 years of regular service from the date of initial appointment between 01.10.13 and 31.03.14 for consideration of third financial upgradation under MACPs. 2.It is also requested to furnish LEFT OVER cases, if any. The names of the eligible individuals may be furnished in the following format :- Name, Grade and A/C No. Date of Birth Date of Appointment with grade Date of 1st promotion with grade Date of 2nd promotion with grade Certificate : Discipline, Vigilance (if any criminal case is pending/inititated the same may also please be informed) Remarks, if any 3. 15.05.2013. Nil report is also required. Source : www.pcafys.nic.in [http://pcafys.nic.in/files/2nd%20MACP%20AAOs.pdf]

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MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.

MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES. OFFICE OF THE PRINCIPAL CONTROLLER OF DEFENCE ACCOUNTS (CENTRAL COMMAND) LUCKNOW CANTT Part II O.O.No. 732                                                      Dated 13.02.2013 Sub:- MODIFIED ASSURED CAREER PROGRESSION SCHEME (MACPS) FOR THE CENTRAL GOVERNMENT CIVILIAN EMPLOYEES.     In the implementation of financial up gradation under the MACP Scheme as introduced by the Govt. of India vide DOPT OM No 35034/3/2008 Estt (d) dated 19.05.2009 and further clarification received from HQrs Office New Delhi under their No AN/XI/11051/MACP/2009/Vol-I dated 22.07.2009, AN/XI/11051?MACP/2009/Vol-II dated 17.11.2009 and No. AN/XI/12240/MACP/2012/Vol-I dated 24.05.2012, individuals as per Annexure-A to this Part-II O.O. have been granted financial up gradation in the next higher grade pay as per details mentioned against their names.     The attention of the individuals may be drawn to the clarification at Sl No 7 of Annexure-I to DOPT No 35034/3/2008 Estt (D) 19.05.2009 regarding exercising of option by the individual for fixation of pay for financial up gradation. The option may be exercised within a month.     The financial up gradation so granted is merely placing the individuals in the next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008.     No stepping of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme. Authority:- Office Note No AN/IB/1378/MACPS dated 11.02.2013 sd/-  (P.K.CHATTERJEE)  ACDA(AN) Source:http://pcdacc.gov.in/download/circularsnew/modified.pdf

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Important Judgement on stepping up of Pay:

Important Judgement on stepping up of Pay: Click here to view full details

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Clarification on Modified ACP Scheme (MACPS) for Railway employees - Railway Board Orders

Clarification on Modified ACP Scheme (MACPS) for Railway employees - Railway Board Orders GOVERNMENT OF INDIA MINISTRY OF RAILWAYS RAILWAY BOARD S. No.PC-VI/313 No. PC-V/2009/ACP/2 RBE No.08/2013 New Delhi, dated 31/01/2013 The General Managers All Indian Railways & PUs (As per mailing list) Subject :- Modified ACP Scheme (MACPS) for Railway employees - clarification-regarding. Reference is invited to the Board’s letter of even number dated 10-06-2009 regarding the Modified Assured Career Progression Scheme (MACPS) to Railway employees. Pursuant to the discussions in the meeting of National Advisory Committee held on 17-07-12 and subsequent meeting on 27-07-2012 held with the Staff Side and in continuation to clarifications issued vide Board’s letter of even number dated 28-12-2010, it is further clarified as under: 2(i). Financial upgradation under MACPS in the case of staff who joined another unit/organization on request. Railway Board’s letter of even number dated 28-12-2010 provides that in case of transfer ‘including unilateral transfer on request’, regular service rendered in previous organization/office shall be counted along with the regular service in the new organization/office for the purpose of getting financial upgradations under the MACP Scheme. However, financial upgradation under the MACP Scheme shall be allowed in the immediate next higher grade pay in the hierarchy of revised Pay Bands as given in Railway Services (Revised Pay) Rules, 2008. It is now further clarified that wherever an official, in accordance with terms and conditions of transfer on own volition to a Lower post, is reverted to the lower Post/Grade from te promoted Post/Grade before being relieved for the new organization/office, such past promotion in the previous organization/office will be ignored for the purpose of MACP Scheme in the new organization/office. In respect of those cases where benefit of pay protection have been allowed at the time of unilateral transfer to other organization/unit and thus the employee had carried the financial benefit of promotion, the promotion earned in previous organization has to be reckoned for the purpose of MACP Scheme. 2. (ii) Benchmark for MACP Scheme: Para 17 of Annexure-1 of Railway Board’s letter dt. 10-06-09 provide that the financial upgradation would be on Non-functional basis subject to fitness, in the hierarchy of grade pay within the PB-I. Thereafter for upgradation under the MACPS, the benchmark of ‘Good’ would be applicable till the grade pay of 6600/- in PB-3. The benchmark will be ‘Very Good’ for financial upgradation to the grade pay of Rs.7600 and above. Railway Board’s letter of even number dated 28-12-2010 provides that where the financial upgradation under MACPS also happens to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefit under MACPS as mentioned in para-17 ibid, the benchmark for promotion shall apply to MACP also. It is now further clarified that wherever promotions are given on non-selection basis (i.e. on seniority-cum-fitness basis), the prescribed benchmark as mentioned in para-17 of Annexure-I to Board’s letter dated 10-06-2009 shall not apply for the purpose of grant of financial upgradation under MACP Scheme. 3. The instructions issued on MACP Scheme vide Board’s letter of even number dated 10-06-2009 stands modified to the above extent. 4. This issues with the concurrence of the Finance Directorate of the Ministry of Railways. 5. Hindi version is enclosed. [DoP&T's OM No.35034/3/2008-Estt.(D) (Vol.II), dt. 4th October, 2012] sd/- (N.P.Singh) Dy. Director, Pay Commission-V Railway Board Source: AIRF and NFIR

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MACP Scheme for Railway Servants – Treatment of employees selected under LDCE/GDCE Scheme

MACP Scheme for Railway Servants – Treatment of employees selected under LDCE/GDCE Scheme All India Railwaymen Federation No. AIRF/MACPS Dated:  8th, January 2013 The Secretary(E), Railway Board, New Delhi Dear Sir, Sub: MACP Scheme for Railway Servants – Treatment of employees selected under LDCE/GDCE Scheme – Clarification reg. Ref:  Railway Board’s letter No.PC-V/2009/ACP/2 (RBE No.100/2012) dated 12.09.2012 As per Railway Board’s letter under reference, while extending benefit of financial up-gradation under MACP Scheme, the candidates selected through LDCE / GDCE on a post for which recruitment rules provide for Direct Recruitment, their promotion through above process on the said post are to be treated as Direct Recruitment for the purpose of granting benefit under the said scheme. As per para 140(i) of the Indian Railway Establishment Manual, Volume-I(Revised Edition 1989), Intermediate Apprentices selected against 25% Intermediate Apprentice Quota(Talented Quota) do fulfill above criteria, as the said para clearly stipulates that 75% of the vacancies in the category of Jr. Engineer in Mechanical, Electrical, Engineering Departments and Draftsmen category of these departments will be filled by induction of Apprentice Mechanics, as such those selected against 25% Intermediate Apprentice Quota(Talented Quota) may also be considered to  have been directly recruited on these posts. They should, therefore, be extended the benefit under MACP Scheme as per para(i) of Railway Board’s letter referred to above. The Board are, therefore, requested to issue necessary clarification to all the Zonal Railways and Production Units so that the Jr. Engineers selected through LDCE against 25% IntermediateApprentice Quota(Talented Quota) are granted financial upgradation under MACP Scheme, treating them as Directly Recruited to these posts. An early action in the matter shall be highly appreciated. Yours faithfully, sd/- (Shiva Gopal Mishra) General Secretary Source: AIRF

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Grant of financial upgradation under MACP Scheme-Clarification for Railway Employees

Grant of financial upgradation under MACP Scheme-Clarification for Railway Employees GOVERNMENT OF INDIA MINISTRY OF RAILWAYS Railway Board S.No.PC-VI/307 No.PC-V/2009/ACP/2 RBE No.142/2012 New Delhi, dated 13/12/2012 The General Manager/OSDs/CAO(R) All Indian Railways & PUs (As per mailing list) Sub:-Grant of financial upgradation under MACP Scheme-Clarification reg. References have been received from Zonal  Railways seeking clarification as to what Grade Pay would be admissible under  MACP Scheme to an employee holding feeder post in a cadre where promotional post is in the same Grade Pay. The matter has been examined in consultation with Department of Personnel & Training (DoP&T), the nodal department of the Government on MACP Scheme and it is clarified that ACP/MACP Schemes have been introduced by the Government in order to mitigate the problems of genuine stagnation faced by employees due to lack of promotional avenues. Thus, financial upgradations under ACP/MACP Schemes CANNOT be to higher Grade Pay than what are be allowed to an employee on his normal promotion. In such cases financial upgradation under MACP Scheme would be granted to the same Grade Pay. This issues with the concurrence of the Finance Directorate of the Ministry of Railways. Hindi version is enclosed. (N.P. Singh)  Dy. Director/Pay Commission-V  Railway Board Source: AIRF & NFIR

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MACPS for the cadre of Junior Engineers/Assistant Engineers in CPWD…

MACPS for the cadre of Junior Engineers/Assistant Engineers in CPWD…   The last proposal was sent to DOPT for consideration on above subject have also been rejected by DOPT and intimated that running of MACPS though with one time relaxation together with ACPS for a part of the cadre is contrary to the provisions of MACP Scheme. The reply of Dopt letter is reproduced and given below for your ready reference…  Anomalous and disadvantageous provisions of MACPS for the cadre of Junior Engineers/Assistant Engineers and other similarly placed cadres of CPWD. Consequent to non acceptance of earlier proposals on above mentioned subject forwarded to Dopt in August 2009, Jan 2010 and in Nov 2011, a further proposal for restoration of earlier Assured Career Progression Scheme with one time relaxation to opt for MACPS as on 1.9.2008, who have been granted two upgradations under ACPS, was sent to DoPT in June 2012 for their consideration and approval.   DoPT has not accepted the latest proposal also and intimated that running of MACPS though with one time relaxation together with ACPS for a part of the cadre is contrary to the provisions of MACPS and hence cannot be accepted. In the circumstances, concerned Service Associations representing Junior Engineers/Assistant Engineers/Executive Engineers and other service Associations of CPWD are requested to intimate as to scheme (ACPS or MACPS), they would like to opt for their cadres in future. The reply may be submitted within seven days of the receipt of this letter.   Source: www.cpwd.gov.in [http://cpwd.gov.in/]

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Modified Assured Career Progression Scheme (MACPS): Clarification regarding grant of financial benefit to Hindi Officers

Modified Assured Career Progression Scheme (MACPS): Clarification regarding grant of financial benefit to Hindi Officers CIRCULAR   OFFICE OF THE CONTROLLER GENERAL OF ACCOUNTS Ulan Batar Road, Palam, Delhi Cantt—10 No. AN/Xl/11051/MACP/HO/2009 DATED: 10.12.2012 To All the PCsDA/PCA (Fys) Kolkata/CsDA Subject: Modified Assured Career Progression Scheme (MACPS): Clarification regarding grant of financial benefit to Hindi Officers   The matter regarding grant of financial upgradation under MACP Scheme to those Hindi Officers, who have been initially appointed as Hindi Translators -grade II, after qualifying the Departmental examination, was referred to the Ministry for clarification as to whether, the appointment of such Hindi Translators is to be treated as fresh appointment or promotion, for grant of benefit under MACP Scheme. DOP&T vide ID No. 61550/12/CR dated 14.11.2012 has now clarified that such appointment shall be treated as direct recruitment and past service/promotion will not be counted for the benefits under ACP/MACP Schemes, in terms of clarification point of doubt No.6 issued vide DOP&T F.No.35034/1/97-Estt (D) (Vol. IV) dated 10.2.2000 circulated under AN/XI/11051/ACP dated 17.2.2012.   All such cases may be dealt with accordingly. sd/- (R.K.Rai) Sr. ACGDA (AN) Source: www.cgda.nic.in [http://cgda.nic.in/adm/macpsHO.pdf]

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APPEAL FILED IN JODHPUR HIGH COURT AGAINST CAT JUDGEMENT

APPEAL FILED IN JODHPUR HIGH COURT AGAINST CAT JUDGEMENT Para – 9 of the Annexure – I to DOP&T OM dated 19.05.2009 provides in clearest terms that “regular service for the purpose of MACPS shall commence from the date of joining of the post in direct entry grade on a regular basis or on absorption/re-employment basis.” The existing statutory Recruitment Rules of Postmen and PA cadre provide for promotion quota to be filled up through LDCE (Limited Departmental Competitive Examination). Para – 5 of Annexure – I of DOPT Order on MACPS provides for ignoring only the promotions/upgradations granted under the ACP scheme (old scheme) in the past to those grades which now carry the same grade pay due to merger of pay scales/up gradation of posts recommended by 6th CPC. Thus the promotions earned through LDCE are not provided to be ignored. As per the summary record of discussions of the meeting held on 27.07.2012 with the JCM National Council Staff side on issues relating to MACPS (Annexure III to DOP&T OM No 11/2/2008-JCA dated 13.09.2012) it was decided against item No. 4 that treatment of such cases would be on the lines as was under the ACP scheme (old scheme) and Ministry of Railways would examine the matter accordingly. Para 5.1 of Annexure-I to DOP&T OM dated 09.08.1999 relating to ACP Scheme (old scheme) provides for counting of regular promotions earned through LDCE. So far as the common Judgment of the CAT Jodhpur in OA No. 382/2011, 353/2011 and 354/2011 dated 22.05.2012 is concerned, the CAT held that whenever and official appears in LDCE and gets selected to the post, them it starts new innings for him and for the purpose of counting his stagnation, if any, from the date of joining of the new post alone would be relevant and his previous career advancement cannot be called as promotion within the definition of the word “promotion” for consideration of his eligibility under MACP scheme. The judgment referred to above is in contradiction to the provisions of the MACPS as also against the decision of the Government against item No. 4 referred to in Annexure – III to DOP&T OM No. 11/2/2008-JCA dated 13.09.2012. MACP Scheme is the Scheme formulated by DOP&T, the nodal Ministry in this regard. Department of Posts cannot make any change in the scheme. The Department has accordingly referred the issue to the DOP&T and provided the required Recruitment Rules as called for by the DOP&T. Keeping in view of the existing provisions of the MACP Scheme as also the decision of the Government against item No. 4, Department has filed writ petition (Appeal) before the Hon’ble High court of Jodhpur.

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MACP Orders : 3rd financial up gradation in the grade pay of Rs. 7600/- under MACP scheme to the Executive Engineers/Assistant Engineers (Civil & Elect.) in CPWD

MACP Orders : 3rd financial up gradation in the grade pay of Rs. 7600/- under MACP scheme to the Executive Engineers/Assistant Engineers (Civil & Elect.) in CPWD 3rd MACP to Engineers.. GOVERNMENT OF INDIA DIRECTORATE GENERAL OF WORKS CENTRAL PUBLIC WORKS DEPARTMENT No.24/06/2012-EC-III Nirman Bhawan, New Delhi Dated the 22.11.2012 OFFICE ORDER No. 306 of 2012 Consequent upon the introduction of MACP scheme in the Department and on completion of 30 years of regular service from initial appointment in the grade of Junior Engineer (Civil & Elect.), the President of India is pleased to grant the 3rd financial up gradation in the grade pay of Rs. 7600/- (Pay Band-3) under MACP scheme to the Executive Engineers/Assistant Engineers (Civil & Elect.) as per list enclosed at Annexure I & II with effect from the date mentioned against their name. 2. In case, any of the officers in the enclosed list has taken Voluntary retirement, resigned or expired, on or before 01.09.2008 i.e the date of MACP becomes effective, the financial up gradation may not be given to them by Controlling Officers. Before financial benefit is given, it may be ensured that no charge-sheet is pending against them / no penalty has been awarded lo them on the date of granting the 3rd financial up gradation. In such an event, the fact may be brought to the notice of this Directorate immediately for a decision. 3. Further action ma be taken by the controlling Officer for financial up gradation in tems of Department of Personnel & Training O.M. No.35034/3/2008 Estt.(D) dated 19.5.2009. 4. On up gradation under MACP Scheme, pay of an employee shall be fixed under the provisions of FR-22( I )(a)( I). The financial benefit allowed under MACP scheme shall be final and no pay fIxation benefit shall accrue at the time of regular promotion. In other words, up gradation under MACP Scheme shall be treated as par with regular promotion in so far as pay fixation is concerned. Therefore, the option of pay fixation in the next higher grade based on the date of increment in the lower grade of pay may also be allowed. This fact may please be brought to the notice of all the officers concerned who may like to exercise such an option. 5. All Concerned officers, who are being 3rd financial up-gradation under MACP Scheme, before any up-gradation is given, shall give an undertaking that they will refund the amount so paid, if any changes are made by Govt. in MACP Scheme and if due to such changes, recovery becomes due. Encl:- Annexure I & IlI sd/- (Suresh Chandra) Deputy Director (Admn.) Annexure I : List of Executive/Assistant Engineers (Civil) who have been granted third financial upgradation under MACP Scheme on completion of 30 years of regular service in the grade pay of Rs.7600. Annexure I : List of Executive/Assistant Engineers (Elect.) who have been granted third financial upgradation under MACP Scheme on completion of 30 years of regular service in the grade pay of Rs.7600. Source: www.cpwd.gov.in

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