Counting the pre appointment Induction and practical training period as regular service for the purpose of grant of MACP promotion in the Department Of Posts. - AISBCEU Letter to Directorate

Counting the pre appointment Induction and practical training period as regular service for the purpose of grant of MACP promotion in the Department Of Posts. - AISBCEU Letter to Directorate

CHQ  Lr.No: AISBCEU/Counting of training period for MACP/27-2017 Dt. 15.10.2017/28.12.2017

To

SRI. ANAND NARAYAN NANDA,

Secretary [Posts]

Dak Bhawan, Sansad Marg

New Delhi -110001 [Email ID: secretary-posts@indiapost.gov.in] posts@indiapost.gov.in

Respected Sir,

         Sub: Counting the pre appointment Induction and practical training period as regular service 

                 for the purpose of grant of MACP promotion  in the Department Of Posts.

         Ref: 1. Dte letter no 4-7/(MACPS)/2009-PCC dt 18.9.2009

                 2. Dte letter no 4-7/(MACPS)/2009-PCC dt 23.6.2016

                 3. CPMG A.P.Corcle Lr.No: SST/PA/D;gs/2016 Dt: 27.09.2016

                4. CPMG,  Assam Circle Lr.No: Staff/37-13/32 Dt: 28.06.2017

         Our Union wish to bring your kind notice about the following genuine reasons to reconsider the to reconsider the above reference Dt: 18.09.2009 para Nu: 9 for issuing clarification regarding the Counting the pre appointment Induction and practical training period as regular service for the purpose of grant of MACP promotion .

Hitherto the training period has not been taken into account for the grant of promotion under MACPs in many Circles. On perusal of the rulings on the above subject, it seems that the period of training is to be taken into account for MACPS also. This period of training is included for MACPS in other Circles of AP and Assam, and the MACP promotion were issued by considering the training period. The copy of order is enclosed for your kind information to take a uniform stand in all Circles in view of the following genuine reasons.

1. All the candidates selected for PA cadre are to undergo Induction and practical training for 90/105 days, before regular appointment.  Such period of training was not counted for anything and their pay and allowances, increments were regulated from their actual date of joining in the department as Postal Assistants.

2. Subsequently, orders were issued for counting the training period for increments and for the promotions (financial upgradations) under TBOP and BCR schemes, vide Dept. of Personnel and Trg OM 16/16/92-Estt(pay I) dt 31.3.1992.

3. The above provision was made applicable with effect from 1.1.1986. The pay of the officials was notionally fixed from 1.1.1986 to 30.9.1990 and on actual basis from 1.10.1990.

4. The above provision was applicable to those officials who underwent training on or after 1.1.1986.

5. The provision was extended to officials who underwent training before 1.1.86 videDte order number: 44-2/2011-SPB II dated 5.5.2016. The list of officials is called for by DO and the same has been submitted to DO.

6. The scheme of MACPS was introduced consequent on the implementation of 6th CPC with effect from 1.1.2006.

7. This scheme was given effect from 1.9.2008 vide reference cited under 1 above.

8. The salient features of the scheme were given in the Annexure-I to the communication cited under 2 above.

9. The second sentence of para 9 of the Annexure read as follows: “Service rendered on adhoc/contract basis before regular appointment or pre-appointment training shall not be taken into reckoning. A casual reading of the text gives the meaning that the pre-appointment training shall not be taken into reckoning. Under this context, the training period was omitted for the grant of MACP to the officials, it is presumed.

10. But a close reading of the above text gives a different but correct meaning. The meaning of the above text may be explained as follows. If the sentence is broken into smaller parts, they read as follows.

a. Service rendered on adhoc/contract basis before regular appointment shall not be taken into reckoning.

b. Service rendered on adhoc/contract basis before pre-appointment training shall not be taken into reckoning.

11. From (a) and (b) above it is clear that only the service, if any, rendered on adhoc/contract basis either before regular appointment or before pre-appointment training shall not be taken into reckoning.

12. From the above it is clear that pre-appointment training shall count for MACPS, as the above text speaks only about the services rendered on adhoc or contract basis which might before regular appointment or before pre-appointment training, and nothing about the training period.

13. As per the communication cited under 2 above, the second sentence of para 9 is modified as follows: “service rendered on adhoc/contract basis before regular appointment on pre-appointment training shall not be taken into reckoning.”

14. From the above it is clear that any service rendered on adhoc/contract basis will not count, but the training period counts for the grant of promotion under MACPS. It is added that as per our departmental rules, the training period is neither treated as service on adhoc basis nor on contract basis in as much as this period counts for increment and also for TBOP/BCR promotions.

15. For clarity sake consider the following rule of our department. “ Air journey on LTC is not permissible” which means that no government servant is entitled for air journey on LTC but LTC can be availed. This does not take away the privileges granted under LTC. The restriction is for air journey only.

16. Also as per the developments taken place towards the counting of training period for service, the training period counts for increment and TBOP/BCR schemes.

17. It is added that just like TBOP/BCR schemes, MACPS is also a financial up gradation only. Hence the provision of counting training period towards TBOP/BCR will squarely applicable to MACPS also.

18. The observations of CIFA noted in A.P.Corcle CPMG order Dt: 27.09.2016 that:

a. the period of training is a part of process /formality to be completed prior to appointment and the appointment orders are issued on completion of training period satisfactorily. Detail of pre-appointment training, payment made to the training period of training shall also be recorded in the service book of officials concerned.

b. Both the orders of Directorate Vide No: 44-2/2011-SPB –II dated 05.05.2016 and No 4-7/(MACPS)/2009-PCC dt 23.6.2016 for counting the period of pre-appointment training as qualifying service for purpose of TNOP/BCR/MACP UPGRADATION only and not for advancing /altering the date of appointment.[Copy of CPMG order is enclosed]

19. It is clarified by the CPMG, Assam Circle vide Lr.Dt: 28.06.2017 that Under the provision of G.I.Dept Per & A.R.O.M.No:28/32/81 – Pension Unit Dt:22.09.1983 and Dept of P & P.W.O/M/No: 28/37/86 P & P.W. Dt: 12.09.1986 , the pre appointment training period will be treated as the qualifying service for pension if the same is followed  immediately for regular appointment.

 In view of the above clarification, the training period [if the same is followed immediately for regular appointment] will also be counted for MACP being treated as the qualifying service. The Competent Authority has, therefore, directed ao all concerned for taking necessary action for granting financial up gradation to all the eligible officials under the purview of the above clarifications.

Those officials, who have completed 16/26 years’ service before 1.9.2008, had no problems, as their pay would have been fixed on the date of promotion to TBOP/BCR schemes prior to 1.9.2008. If the training period is included, the date of promotion to TBOP/BCR would be advanced and their pay would be re-fixed accordingly. .[Copy of CPMG order is enclosed]

As per the above para 10 to 14, 18 & 19,  it is clear that pre-appointment training shall count for MACPS, as in para 9. text speaks only about the services rendered on adhoc or contract basis which might before regular appointment or before pre-appointment training, and nothing about the training period and , the training period [if the same is followed immediately for regular appointment] will also be counted for MACP being treated as the qualifying service.

 In view of the above reasons, In case of the officials who have got their MACP after 1.9.2008, the date of MACPS is to be advanced. Necessary clarification may please be issued immediately to follow an uniform stand in all Circles to avoid anomalies in this MACP promotion,

Thanking you, Sir.

                                                                                                                                    Yours faithfully,

[B.B.SHARMA, GENERAL SECRETARY]

Copy to 
Ms. Smriti Sharan, DDG, Estt, Dak Bhawanm New Delhi-110001 for information and n/a please.