No.AIRF/MACPS Dated: July 2, 2015
The Member Staff,
Sub: Sharing of information regarding favourable judgment
Ref.: Dy. Director, Pay Commission-5, Railway Board’s letter No.PC-V/2014/CC/Misc dated 21.04.2015
Above cited letter of the Railway Board would definitely result in creation of a lot of confusion in regard to implementation of ACP Scheme that came into effect from the year 1999 in terms of DoP&T’s O.M. No.1/6/97-Pay-I dated 05.07.1999 and MACP Scheme introduced vide RBE No.101/2009 dated 10.06.2009 of Railway Board and further clarifications issued in this regard from time to time, including RBE No.142/2012 dated 13.12.2012.
It has been clearly entailed under para 3 of RBE No.101/2009 that the MACP Scheme is in supersession of previous ACP Scheme and clarification issued thereunder. Orders dated 30.07.2014 of Hon’ble Supreme Court of India in CA No.5153-5157 of 2009 is purely related to ACP Scheme because when this litigation was started even MACP Scheme was not conceived at the time of filing of the CA.
Railway Board have repeatedly clarified that only next higher grade pay is to be granted while extending the benefit of financial upgradation under MACP Scheme and not the grade pay in promotional hierarchy, whereas, in case of ACP Scheme, financial upgradation was to be given in the next pay scale of promotional hierarchy.
It is thus explicitly clear that financial upgradation in two different schemes, i.e. ACP Scheme and MACP Scheme, are totally different and cannot be linked with each other, particularly while issuing clarification pursuant to compliance of Hon’ble Supreme Court’s orders in CA supra since it would create uncalled for confusion in implementation of MACP Scheme.
It would, therefore, be in the fitness of the thing that Board’s letter under reference dated 21.04.2015 is immediately withdrawn, so that no uncalled for confusion is created while implementing MACP Scheme by the Railway administration.