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Showing contexts for: Tbop in Union Of India vs K. Madhusoodhanan on 20 June, 2014Matching Fragments
6.3. At the time of introduction of the MACP Scheme vide Annexure A4 OM, the Department of Posts had its own scheme of Time Bound One Promotion (for brevity, 'TBOP') introduced with effect from 30.11.1983 and Biennial Cadre Review (for brevity, 'BCR') introduced with effect from 1.10.1991, for its employees. Based on the consent given by the Postal Federations, the MACP Scheme has been introduced in the Department of Posts for employees other than drivers. For drivers it has been decided to continue the existing structured promotion scheme, as the said scheme was considered beneficial to them. A detailed guidelines on implementation of the MACP Scheme were communicated vide OM No.4- 7/(MACPS)/2009-PCC dated 18.9.2009. Accordingly, the MACP Scheme has been given effect to from 1.9.2008 and the earlier schemes of TBOP and BCR were dispensed with.
6.4. After introduction of the MACP Scheme in the Department of Posts, many references have been received in the Directorate that, some officials are not getting the benefit of the said Scheme since Confidential Reports are not written keeping in view the prescribed benchmark and that, there has been no such prescribed benchmarks for considering the cases of financial upgradation under TBOP/BCR. The matter was taken up with the Department of Personnel and Training (for brevity, 'DoPT') and the Nodal Department has clarified that the requirement of fulfillment of prescribed benchmark would be mandatory as mentioned in Para.17 of Annexure-I. In view of the said clarification, vide Directorate letter No.4- 7/(MACPS)/2009-PCC dated 1.9.2010, it was made clear that the benchmarks prescribed by DoPT need to be scrupulously adhered to and financial upgradations under the MACP Scheme are to be considered on the basis of performance of the officials after considering their Confidential Reports for five years. The matter regarding grading of ACR's for the purpose of conferment of financial upgradation under the MACP Scheme has, therefore, been examined and the competent authority vide letter dated 1.9.2010 has ordered constitution of a Scrutiny Committee at Divisional Level for scrutinising the Confidential Reports of Postman, Postal Assistants/Sorting Assistants for the preceding five years on the basis of the entries made by the Reporting Officer and to grade the performance as 'average', 'good', 'very good', etc. The findings of the Scrutiny Committee have to be placed before the concerned Director of Postal Services/Postmaster General, who will be the Accepting Authority.
12. Admittedly, the grant of financial upgradation to the applicant by Annexure A6 memo dated 7.7.2010 was made prior to the clarifications issued by the Directorate vide letter dated 1.9.2010, which was followed by Annexure A5 letter dated 30.6.2011. Vide Directorate letter dated 1.9.2010 it was clarified that, the benchmarks prescribed by DoPT need to be scrupulously adhered to and financial upgradations under the MACP Scheme are to be considered on the basis of performance of the officials after considering their Confidential Reports for five years. Accordingly, Scrutiny Committees were constituted at Divisional Level for scrutinising the Confidential Reports of Postman, Postal Assistants/Sorting Assistants for the preceding five years on the basis of the entries made by the Reporting Officer and to grade the performance as 'average', 'good', 'very good', etc. Thereafter, vide Annexure A5 letter dated 30.6.2011, it was also clarified that, the process of communication of APAR (earlier ACR) for regular promotion is equally applicable for consideration of financial ugradation under the MACP Scheme. As discernible from Directorate letter dated 1.9.2010, there had been no prescribed benchmarks for considering the cases of financial upgradation under the earlier schemes of TBOP/BCR applicable for the employees in the Department of Posts.