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Thread: Financial upgradation under MACPS

  1. #1
    Junior Member cpkumar is on a distinguished road
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    Default Financial upgradation under MACPS

    (a) With reference to the Department of Personnel & Training OM No.35034/3/2008-Estt.(D) dated 19.05.2009, grant of financial upgradation is applicable after 10 years of continuous regular service under Modified Assured Career Progression Scheme (MACPS). I therefore requested my office (my letters on 2.1.2013 and 10.7.2013) to be considered for financial upgradation, as per details given below.

    Joined as Scientist 'E1' - 19.8.1997
    Completion of 10 years of service as Scientist 'E1 - 18.8.2007
    Joined as Scientist 'F' - 2.7.2009

    Since MACPS is operational from 1.9.2008, therefore I believe to be eligible for grant of financial upgradation to the grade of Scientist 'F' w.e.f. 1.9.2008 and arrears for the period 1.9.2008 to 1.7.2009.

    (b) In view of no processing and response for my two letters (dated 2.1.2013 and 10.7.2013), I requested the following information on 28.10.2013 under Right to Information Act, 2005 - "Please inform if I am eligible for grant of financial upgradation to the grade of Scientist 'F' w.e.f. 1.9.2008 and arrears for the period 1.9.2008 to 1.7.2009".

    However, the Public Information Officer (his letter dated 03.12.2013) has informed that “requisite matter related between the employee and the employer and governed by the service rules which fall under the expression ‘personal information’ and the requisite information has no relationship to any larger public activity or public interest. Hence your application could not be considered.”

    (c) Now I have two queries -

    1. I wish to confirm if I am eligible for grant of financial upgradation w.e.f. 1.9.2008 under MACPS and arrears for the period 1.9.2008 to 1.7.2009.

    2. Whether the response of Public Information Officer is complete and appropriate?


    Kind Regards
    C. P. Kumar

  2. #2
    Senior Member Victor is on a distinguished road
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    I presume you are covered under Flexible Complemeting Scheme (FCS).

    If so, MACP Scheme is not applicable concurrently with FCS as it is basically an 'In-situ' Promotion Scheme.

    However, MACP is admissible under the Modified FCS introduced w.e.f. 1.1.2011 vide OM dated 10.9.2010 (http://ccis.nic.in/WriteReadData/Cir...08-Estt-RR.pdf).

    Hence, MACP is NOT admissible in your case w.e.f. 1.9.2008 as Modified FCS is applicable w.e.f. 1.1.2011.

    As regards the RTI issue, DOPT has clarified vide OM dated 10.7.2008 (http://ccis.nic.in/WriteReadData/Cir...08_IR(Eng).pdf) that PIO is required to supply only information i.e. 'any material in any form'. In other words the information sought for has to exist. The DOPT has further clarified that the RTI Act does not require the PIO to deduce some conclusion from the 'material' and then supply the same to the applicant.

    The CIC has also upheld that "...the respondent can only provide information as is readily held by them and they are not obliged to provide any interpretation/opinion...".

    As such your attempt to seek an opinion from the CPIO would not succeed.

    Victor

  3. #3
    Junior Member cpkumar is on a distinguished road
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    Default

    Dear Mr. Victor,

    Thanks for your kind clarifications on MACP and RTI in reference to my case.

    Regards
    C. P. Kumar

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