Important Guidelines for MACP Requests from 01.01.2006

Important Guidelines for MACP Requests from 01.01.2006

Dear CHQ Office Bearers / State General Secretaries / District / Divisional Secretaries

AIPRPA

Dear Comrades,

NCCPA is taking efforts to file a court case to advance the date of implementation of MACP from 1.1.2006 as already the Defense Employees have been given the benefit as per the Judgment of Supreme Court. Already in the websites of AIPRPA and NCCPA we have placed the model application form to be sent by individual pensioners who are eligible to the advancing of MACP. But we the Postal Pensioners should keep the following points in mind:

Points to be kept in mind: We, the Postal  Employees / Pensioners were covered by TBOP / BCR Schemes earlier. More over there are two categories amongst us viz., the Direct Recruits and Promotees. There are two types of Promotees also viz., the lower grade officials directly becoming PA/SA; and the MTS becoming Postman / Mailguard first and then becoming PA/SA secondly. In addition there is one more category of staff who retired before 1.9.2008 and by virtue of their total service of 30 years put in before their retirement are eligible for one more MACP between 1.1.2006 and the date of retirement before 1.9.2008.

Important Point: As the issue of 3 MACPs after their Promotion to another cadre through competitive examinations is still not sorted out as we are anticipating yet a speaking order from the Supreme Court, time being the Promotees have to contend with the existing reality.

There are  4 Model Representations placed hereunder.

Model 1: For Direct Recruits.

Model 2: For Group D or MTS / Postman / Mailguard became PA/SA directly.

Model 3: For Group D or MTS becoming Postman / Mailguard first and then PA/SA secondly.

Model 4: For those Pensioners who retired between 1.1.2006 and 1.9.2008 but drawn their TBOP/BCR before 1.1.2006 and by virtue of their service of 30 years put in before their retirement so that eligible for MACP between 1.1.2006 and  1.9.2008.

Point not to be forgotten: At the same time all should keep in mind that MACP is eligible only for those Pensioners who were retired after 1.1.2006. For those who retired prior to 1^st January 2006 are not covered under MACP Scheme.

·         Note 1: AIPRPA rank and file leaders are requested to guide the eligible Pensioners correctly keeping in mind the above separate representation forms for each.

·         Note 2: The Model Representations may require to be slightly altered for some Pensioners if any difference in their cases exist. Suitable alternations may be made by them in their representations if needed. We have provided Model Representations for all general cases.

·         Note 3: After applying to their respective Divisional Heads (SSPOs / SSRMS etc) through Speed Post or Registered Post AD, Keep the records safe. Take a photocopy and attach with the details before sending to CHQ of AIPRPA.

K.Ragavendran

-          GS AIPRPA

Representation Model - 1

From                                        

……………………………………..

…………………………………….,

………………………………………

………………………………………

To

………………………………………

…………………………………..

………………………………………

……………………………………

Respected Sir,

                    Sub: Request for advancing of date of effect of MACP granted to me after 1.9.2008.

          I humbly submit the following to your sympathetic consideration and favourable order:

  

  I was appointed as …………………………..(PA/SA/POSTMAN/MG/MTS) on ……………….. at ………………………  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I was granted financial upgradation  in my service as follows:

                              TBOP / I MACP  on ……………………….

                              BCR   / II MACP  on ……………………….

                                          III MACP  on ………………………

     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008 from when revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and is to be treated as pay related only.. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution of India. Accordingly, as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court vis-à-vis the implementation of MACP.

    I was granted I/II/III  MACP after 1.9.2008  i.e. on ………………  even though I had completed 10/20/30 of service on ……………………….. falling between 1.1.2006 and 31.08.2008. Hence the date of effect of my l/ll/lll MACP should be from …………………….

      I shall be grateful if the judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me  and my l/ll/lll MACP granted already advanced to ……………… instead of ……………………..

    I request that the arrears of pay and pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,

Date :                                                                                                                        Yours faithfully,

Place:

 Representation Model - 2

From

……………………………………..

…………………………………….,

………………………………………

………………………………………

To

………………………………………

…………………………………..

………………………………………

……………………………………

Respected Sir,

              Sub: Request for advancing of date of effect of MACP granted  to me after 1.9.2008.

         I humbly submit the following to your sympathetic consideration and favourable order:

       I was appointed as …………………………..(Group D or MTS / POSTMAN / MAILGUARD) on ……………….. at ……………………….  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I earned Promotion and was granted financial up gradation  in my service as follows:

                              Promotion to PA/SA (Counted as I MACP)    on ……………………….

                                                                       TBOP   / II MACP   on ……………………….

                                                                                    III MACP    on ………………………

    In the case of promoted officials like me in this case, the next MACP is granted at the end of completion of ten years of service in the promoted cadre or on completion of 20/30 years of service from the date of entry into service whichever date is earlier.

     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008 from when revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and to be treated as pay related only. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution  of India. Accordingly. as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court  vis-à-vis the implementation  of MACP.

    I was granted II/III  MACP after 1.9.2008  i.e. on ………………  even though I had completed the qualifying service for the said MACP on ……………………….. falling between 1.1.2006 and 31.08.2008. Hence the date of effect of my ll/lll MACP should be from …………………….

      I shall be grateful if the Judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me  and my ll/lll MACP granted already advanced to ……………… instead of ……………………..

    I request that the arrears of Pay and Pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,

Date :                                                                                                                        Yours faithfully,

Place:

 Representation Model - 3

  

From

……………………………………..

…………………………………….,

………………………………………

………………………………………

To

………………………………………

…………………………………..

………………………………………

……………………………………

Respected Sir,

                 Sub: Request for advancing of date of effect of MACP granted to me  after 1.9.2008.

          I humbly submit the following to your sympathetic consideration and favourable order:

         I was appointed as Group D / MTS on ……………….. at ……………………….  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I earned Promotion and was granted financial up gradation in my service as follows:

      Promotion to Postman/Mail guard (Counted as  I MACP)   on ……………………….

      Promotion to PA / SA                       (Counted as II MACP)   on ……………………….

                                                                                   III MACP    on ………………………

    In the case of promoted officials like me in this case, the lll MACP is granted at the end of completion of ten years of service in the last promoted cadre or on completion of 30 years of service from the date of entry into service whichever date is earlier.

     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008  from when Revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and is to be treated as pay related only. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution  of India. Accordingly. as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court  vis-à-vis the implementation  of MACP.

    I was granted the III  MACP after 1.9.2008  i.e. on ………………  even though I had completed the qualifying service for the said MACP on ……………………….. falling between 1.1.2006 and 31.08.2008. Hence the date of effect of my lll MACP should be from …………………….

      I shall be grateful if the judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me  and my lll MACP granted already advanced to ……………… instead of ……………………..

    I request that the arrears of pay and pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,

Date :                                                                                                                        Yours faithfully,

Place:

 Representation Model - 4

From

……………………………………..

…………………………………….,

………………………………………

………………………………………

To

………………………………………

…………………………………..

………………………………………

……………………………………

Respected Sir,

                    Sub: Request for grant of l/ll/lll MACP to which the retired officials become eligible   

                             between 1.1.2006  and 1.9.2008.

          I humbly submit the following to your sympathetic consideration and favourable order:

  

  I was appointed as …………………………..(PA/SA/POSTMAN/MG/MTS) on ……………….. at ………………………  The TBOP /BCR financial up gradation which was in vogue until 31.08.2008 was withdrawn and replaced by Modified ACP w.e.f. 01/09/2008.  I was granted financial upgradation  in my service as follows:

                              TBOP / I MACP  on ……………………….

                              BCR   / II MACP  on ……………………….

                                         

     I retired from service on …………………. on superannuation/voluntary retirement/invalidation. I have since been drawing Pension from………………………….PO under ………………………HO.

     While pay of the Central Government employees was revised w.e.f. 1.1.2006 on the recommendations of the Sixth pay commission, the modified ACP was implemented prospectively from 1.9.2008 from when revised allowances were given effect.

    I would like to draw your kind attention to the Judgment of Hon’ble Supreme Court  which, in the case of UOI vs Sri Balbir Singh dated 08/12/2017, has held that MACP is not allowance and is to be treated as pay related only.. So the MACP should be implemented from 1.1.2006, the Court ruled, as was done in the case of Revised Pay.  Complying with the Judgment of the Hon’ble Supreme Court of India, the Government of India, vide its order in 14(1)99-D(AG) dated 25/07/2018, has implemented it for the Defence employees w.e.f. 1.1.2006. The Judgment of the Supreme Court is applicable to both the Civilian and Defence employees equally. Limiting its implementation to Defence personnel alone is discriminatory and violative of Article 14 of the Constitution of India. Accordingly, as Civilian employee, I am also entitled to the benefit of the Judgment of the Supreme Court  vis-à-vis the implementation  of MACP.

     I was due for l/ll/lll MACP on………………….after completion of 10/20/30 years of service. As the MACP was implemented from 1.9.2008, I could not have the benefit of my due MACP on………….. but had to retire without it. In the backdrop of the verdict of the Supreme Court, the officials who had retired from service between 01.01.2006 and 31.08.2008 also become eligible for the MACP due from the day of their eligibility if they had completed 10/20/30 years of service in the period between 01.01.2006 and 31.08.2008 .  I had completed 10/20/30 years of service on …………… which make me eligible for l/ll/lll MACP from ………………..  

                Hence I request that l/ll/lll MACP may be granted to me from…………………..

      I shall be grateful if the judgment of the Hon’ble Supreme Court in respect of MACP is made applicable to me and MACP granted.

    I request that the arrears of pay and pension arising out of the advancing of the MACP as above may kindly be drawn for which I shall be ever grateful Sir.

Thanking you,

Date :                                                                                                       Yours faithfully,

Place:

Courtesy :  https://postalpensioners.blogspot.com/