Option under FR 22 in the case of financial upgradation

As per part B and C of CCS Revised Pay Rules, 2008, revised pay scales have been fixed along with upgraded scales after completion of 4 years of continuous service for certain common categories of employees such as Section officers etc and certain posts in ministries/departments.

To illustrate, pre-revised pay scales of Income tax Officers, Superintendent of Customs and Central Excise have been revised from pre-revised Pay scale of Rs. 7500-12000 to 8000-13500 on completion of continuous service of 4 years. In the 6CPC pay structure, grade pay of these officers would be upgraded from Rs.4800 (PB-2) to Rs.5400 (PB-2) on completion of 4 years of continuous service.

Government also allowed an increment of 3% during this financial upgradation for Superintendent of Customs and Central Excise and Income tax Officers etc in terms of Rule 13(i) of CCS Revised Pay Rules, 2008, as per order F.No:A.26017/98/2008-Ad.II(A) dated 17.12.2009 of Central Board of Excise and Customs (ministry of finance) and HRD/CM/175/15/2008-09/Pt-2/1249 dated 31.12.2009 of Income tax department.

GConnect was told that many of the Offices have correctly allowed their employees to exercise option under F.R.22(I)(a)(1) for fixation of pay for this financial upgradation either on the date of completion of 4 years of service or on the date of immediate annual increment on 1st July of the year. However, in some of the offices employees who have been given financial upgrdation are not allowed to exercise their option under F.R.(I)(a)(1) for getting their pay fixed on the date of their immediate next increment on the wrong notion that option under F.R.(I)(a)(1) could be exercised only during promotion.

Fixation of pay in the case of financial upgradation on completion of four years of service, after getting option under F.R.(I)(a)(1) is in line with Rule 13 (i) of CCS Revised Pay Rules, 2008 and the clarification dated 13.11.2008 issued by Government on CCS revised Pay Rules, 2008. We just reproduce here the relevant portion of these provisions.

Rule 13 (i) of CCS Revised Pay Rules, 2008:

“13. Fixation of pay o promotion on or after 1.1.2006- In the case of promotion from one grade pay to another in the revised pay structure, the fixation will be done as follows:-
(i) One increment equal to 3% of the sum of the pay in the pay band and the existing grade pay will be computed and round off to the next multiple of 10”

Clarification OM F.No: 1/1/2008-IC dated 13.11.2008:

“Clarification 2: The method of Fixation or pay on promotion after 01.01.2006
On promotion from one grade and another/financial upgradation under ACP, a Government servant has an option under FR 22(I)(a)(1) to get his pay fixed in the higher post either from the date of promotion, or from date of next increment, viz. 1st July of the year”

It is apparent that this financial upgradation is a promotion from one grade pay to another, which is covered by Rule 13(i) of CCS Revised Pay Rules, 2008 and exercising option under FR 22(I)(a)(1) is permitted in the case of financial upgradation in terms of Clarification dated 13.11.2008.

The very purpose of allowing option under FR 22(I)(a)(1) in this situation is to avoid pay anomaly. If an employee who has completed 4 years regular service as on 2nd Feb 2010 was not allowed to exercise the option of postponing the fixation of his pay to immediate next annual increment date viz., 1st July 2010, he will not be eligible for the annual increment as on 1st July 2010 as he would not have completed 6 months of service in the revised pay structure as on 1st July 2010.

On the other hand another employee who is junior to the former and completes 4 years of regular service as on 15th August 2010, will be eligible for annual increment as on 1st July 2010 and also for the increment out of financial upgradation subsequently in the same year i.e as on 15th August 2010. Obviously, this situation would create pay anomaly among these two employees.

How could the pay of a junior employee could surpass that of a senior one whose pay is said to be upgraded. We feel this is a classic example for failure of administration that implements a law by ignoring its very spirit.

One of our friends said that this issue is identical to the issue of change of increment month to July of every year for who were receiving annual increments from February to June in the pre-revised pay scale prior to 6CPC. However, both of these issues are not identical. The issue relating to change of increment month of all employees to July every year irrespective of their date of joining, would at most make the pay of junior employee equal to that of a senior employee. On the contrary, the denial of employee’s right to exercise their option at the time of financial upgradation would result in junior employee getting more pay than the senior one.

We suggest the employees affected in this issue to insist for reply in writing from their administration which could facilitate them for taking up the matter at a higher level.

financial upgrdation
  • K Lalitha

    I joined south central railway,ubl div on 1 11 1988 as coml clerk in gr 975 at ubl bo and got my promotion as sr coml clerk in feb 1993 .into gr1200.
    I got one side request transfer to bangalore division of southern rly and joined bangalore on 23 05 1993 and my seniority was given in the bottommost of gr 975(coml clerk).
    please clarify :
    1) whether i am elegible for macps from 01.01.2008 or
    2) if not from when i am eligible for macps?

  • A D Bhatt

    Sir
    I was appointed in the Pay scale of Rs.5000-8000 pre revised (5th CPC) in the year 1989 (25-01-1989). Again I got appointed in the next higher Pay scale of Rs.5500-9000 pre revised (5th CPC)in the year 1992. I got an ACP in the month of April 2004 in the scale of Rs. 6500-10500 pre revised which has been up-graded. Now Please confirm the following in light of merger of these pay-scales that
    1) Grade pay Rs. 4600/- should be granted on 1-1-2006 as revised pay. (Para 6 more precisely 6.2 of MACP Order )
    2) Grade pay Rs. 4800/- should be granted on 1-9-2008 on the grant of MACP. (Para 5 & 6.2 of MACP Order )
    3) Grade pay Rs.5400/- should be granted on 25-01-2009 i.e on completion of 20 years of regular service.(Para 9 of MACP Order i.e MACP is applicable from entry grade )
    Please confirm the above.
    Thanks and regards
    A D Bhatt

  • Aradhna Bhargava

    Sir,
    I joined M/O Agriculture in the scale of Rs. 5500-9000 (Pre-revised) in 1985 as Sr. Scientific Asstt. – II . Subsequently I was granted 1st ACP in the pay scale of Rs. 6500-10500 (Pre-revised) w.e.f. 1999 ,which has been now upgraded to the scale of Rs. 7450 -11500 (Pre-revised).

    My query is that:
    1)Should not my grade pay Rs. 4600/- as on 01.01.2006 as per para 6 of MACP order ?

    2) As a result of MACP, should not my grade pay be Rs 5400/- as on 01.09.2008 as per para 5 of MACP order by granting 2nd MACP as I have completed 20 years of service in same scale?

    Please reply at earliest.

    Thanks and regards

    Aradhna Bhargava

  • Amba Dutt Bhatt

    Sir
    I was appointed in the Pay scale of Rs.5000-8000 pre revised (5th CPC) in the year 1989 (25-01-1989). Again I got appointed in the next higher Pay scale of Rs.5500-9000 pre revised (5th CPC)in the year 1992. I got an ACP in the month of April 2004 in the scale of Rs. 6500-10500 pre revised which has been up-graded. Now Please confirm the following in light of merger of these pay-scales that
    1) Grade pay Rs. 4600/- should be granted on 1-1-2006 as revised pay. (Para 6 more precisely 6.2 of MACP Order )
    2) Grade pay Rs. 4800/- should be granted on 1-9-2008 on the grant of MACP. (Para 5 & 6.2 of MACP Order )
    3) Grade pay Rs.5400/- should be granted on 25-01-2009 i.e on completion of 20 years of regular service.(Para 9 of MACP Order i.e MACP is applicable from entry grade )
    Please confirm the above.
    Thanks and regards
    Amba Dutt
    SSA-II
    Dte of P.P.Q.&S.

  • Amba Dutt

    Sir
    I was appointed in the Pay scale of Rs.5000-8000 pre revised (5th CPC) in the year 1989 (25-01-1989). Again I got appointed in the next higher Pay scale of Rs.5500-9000 pre revised (5th CPC)in the year 1992. I got an ACP in the month of April 2004 in the scale of Rs. 6500-10500 pre revised which has been up-graded. Now Please tell in light of merger of these pay-scales that
    1) What Grade pay should be granted on 1-1-2006?
    2) What Grade pay should be granted on 1-9-2008 on the grant of MACP?
    3) What Grade pay should be granted on 25-01-2009 i.e on completion of 20 years of regular service?
    Pl reply
    Thanks and regards
    Amba Dutt

  • Gajendra Pal Singh

    Sir,
    I joined in the scale of Rs. 5500-9000 on 1985 as SSA-II. Subsequently I got 1st ACP in the pay scale of Rs.6500-10500 w.e.f. 1997. In our Department the scale of Rs. 6500-10500 has been upgraded in the scale of Rs. 7450-11500.

    My query is that:
    1) What should be my grade pay as on 01.01.2006 ?

    2) As a result of MACP what should be my grade pay on 01.09.2008 ?

    Thanks and regards

    G P Singh

    Senior Scientific Assistant-II (Chem)

  • Gajendra Pal Singh

    Sir,
    I joined in the scale of Rs. 5500-8000 in 1985 as SSA-II. Subsequently I got 1st ACP in the pay scale of Rs.6500-10500 w.e.f. 1997. In our Department the scale of Rs. 6500-10500 has been upgraded in the scale of Rs. 7450-11500. My query is that:
    1) What should be my grade pay as on 01.01.2006 ?
    2) As a result of MACP what should be my grade pay on 01.09.2008 ?
    Thanks and regards

    G P Singh
    Senior Scientific Assistant-II (Chem)

  • Gajendra Pal Singh

    i joined as Tech Asstt in the june 1985 in the pay scale 5500-9000 (PRE-REVISED) and in april 1999 got ACP 6500-10500 (PRE-REVISED) , NOW please tell me that What grade pay should be granted to me in sept.2008 as a result of MACP?

    Thanks and regards
    G.P.SINGH
    Sr. Scientific Asstt. (chem)

  • Gajendra Pal Singh

    i joined as Tech Asstt in the june 1985 in the pay scale 5500-9000 (PRE-REVISED) and in april 1999 got ACP 6500-10500 (PRE-REVISED) , NOW please tell me that What grade pay should be granted to me in sept.2008 as a result of MACP?

    Thanks and regards
    G.P.SINGH
    Sr. Scientific Asstt. (chem)

  • N. Murali Kishore

    Sir

    I was appointed in Dec 1987 (KVS, M/o HRD, Govt of India) (Shifted to Autonomous organisation under M/o MSME, Govt of India in the year Dec 1989, through proper channel) in the scale of 1400-40- and got the promotion in the year Oct 2001 in the pay scale of Rs.5500-9000 (Group B post). I will be completing 23 years by Dec 2010, So far I have not got any ACP/MACP except one promotion in Oct 2001. Now I am in the Grade pay of Rs 4200/-. When I will get ACP/MACP and scale of Pay after up gradation. As per Government decision that employees are permitted to revise their initial option up to 31.12.2010, If I get ACP/MACP, can I avail the revised option, so that I can get pay scale 9300 with Grade Pay of Rs 5400/-. Pl clarify.
    N. Murali Kishore

  • A D Bhatt

    Sir
    I joined in the scale of Rs. 5000-8000 in the month of January 1989. subsequently I got selected in the pay scale of Rs. 5500-9000 in the Month of April 1992 in the same Department. I also got my 1st ACP in the pay scale of Rs.6500-10500 w.e.f. April 2004. In our Department the scale of Rs. 6500-10500 has been upgraded in the scale of Rs. 7450-11500. My query is that:
    1) What should be my grade pay as on 01.01.2006 ?
    2) As a result of MACP what should be my grade pay on 01.09.2008 ?
    3) What should my grade pay in January 2009 i.e. completion of 20 years of service.
    Thanks and regard
    A D Bhatt
    Senior Scientific Assistant-II (Chem)
    Dte. of P.P.Q& S
    N.H-4, Faridabad, Haryana
    Mo: 9810473913

  • A D Bhatt

    Sir
    I joined in the scale of Rs. 5000-8000 in the month of January 1989. subsequently I got selected in the pay scale of Rs. 5500-9000 in the Month of April 1992 in the same Department. I also got my 1st ACP in the pay scale of Rs.6500-10500 w.e.f. April 2004. In our Department the scale of Rs. 6500-10500 has been upgraded in the scale of Rs. 7450-11500. My query is that:
    1) What should be my grade pay as on 01.01.2006 ?
    2) As a result of MACP what should be my grade pay on 01.09.2008 ?
    Thanks and regard
    A D Bhatt
    Senior Scientific Assistant-II (Chem)
    Dte. of P.P.Q& S
    N.H-4, Faridabad, Haryana
    Mo: 9810473913

  • admin team

    dear subash
    1)As per Extant Rules/OM 6500 scale carries 4600 GP so you are eligible for 4600 from 1/1/06 as you have got 6500 scale by ACP before that;
    2)new recruitment as AD should be treated as promotion so No increment calculation under FR 22
    3)While pay protection was allowed by your office (as per proviso to FR 22 (I)), BP should be 16670+5400 only on the date of appointment as AD

  • SUBHASH CHAUDHARY

    Sir
    I was appointed as SSA-II in the Pay scale of Rs.1400-2300 pre revise (revise 4500-7000)in the year 1992. The 5th CPC upgrade the Post in the scale of Rs. 1640-2900 pre revise (Rs. 5500-9000) The 6th CPC has again merged the Scale with Rs6500-10500pre revise(Rs. 9300-34800 with grade pay Rs.4200)) and gave a replacement scale of Rs. 9300-34800 with grade pay Rs. 4200. I got an ACP in the month of April 2002 in the scale of Rs. 6500-10500 pre revise. My department has fixed my Basic pay Rs.16670.00(with out Grade pay) with grade pay Rs.4200.00 (Total B.P+G.P= Rs. 20870.00) as on December 2009. Now I have been selected in the same department through UPSC for the post of Assistant Director in the scale Of Rs. 15600-34800 with grade pay Rs.5400 and joined the duties of AD in the month of February 2010. my Department has fixed my basic pay at starting of Scale i.e. Rs. 15600. When I objected to this and informed that I am having B.P-Rs.16670 in the month of January 2010 they agreed that my BP will be protected.
    But my querry is that
    1) Was Grade pay Rs. 4200 instead of Rs. 4600 is as per rule at the time of implementation of 6th CPC OR I should have got Rs.4600 as replacement and 1st MACP in the Grade Pay Rs.4800
    2) Should I not get one regular increment in the lower scale and one in the upper scale while fixing pay for AD post OR as per FR 22 pl elaborate this.
    3) what should be my Basic Pay after joining as Assistant Director while my B.P. is Rs.16670 with out Grade pay in the month of January 2010.
    Pl reply
    Thanks with regards
    SUBHASH CHAUDHARY
    Assistant Director

  • lakhmir sigh

    on my basic pay was 5250/- in the scale 4500-125-7000 i was promoted on 25-03-2008. as HSGII and iagain adhoc promoted HSG_I What is my pay should

  • K.RAJA

    I am a stenographer appointed in 1996. My DOJ is 8.9.1996. Actually, I was promoted as Stenographer alongwith four other colleagues vide an order dated 29.8.1996. My colleagues placed at the same station (Chennai) have joined the post before 31.8.1996. My work place was in some other station (Madurai) and I could not assume charge on or before 31.8.1996. While granting benefits under ACP, my name and my another colleagues names were omitted since we assumed the charge after 31.8.1996. Our representations did not yield any result. Now, benefits under MACP has been granted with grade pay as Rs.2800/-. In our organisation the stenos scale is Rs.4000-100-6000 and the next stage is 6500-10500 only in the pre-revised scale of pay. Please clarify whether we are eligible for benefits under ACP and our GP is fixed @ 4600/-? Please clarify.Hoping to receive reply in my e-mail.Thanking you,

  • admin team

    dear rana
    you are not clear.After 6 CPC no scale. If you mean to say identical Grade pay, then as per PAOs’ misinterpretation, no fixation is being allowed. However, date of promotion is in the second half of the year 01/07/ to 01/01/ fixation on the Date of promotion is beneficial.Otherwise Opt for increment date.

  • s.rana

    sir,
    kindly suggest how pay is tobe fixed if person is promoted to the identical scale and his increment falls after his date of promotion. Is FR 22c applicable in this case.

  • sanjay

    I got ACP in July 2005 in grade of 6500-10500 and finally cleared LDCE for SO of 2003 and appointed as SO on 19.9.2005. At the time of ACP, I had given the option for fixation of my pay from the month of next incement i.e. March 2006. My basic pay in July 2005 in the Assistant Grade was 7250. My pay was fixed as 7300 from 01.07.2005 and was given two increment in March 2006 i.e. my pay was fixed as 7700 from 01.03.2006. Now after implementation of sixth pay commission, what will be my basic pay on 01.01.2006 and on July 2006. Kindly clarify the same alongwith the reference with the relevant circular. Thanx.

  • admin

    what could be drawn out of narration that your junior should be getting pay equal to you, which is not an anomaly

  • s k jain

    I joined as inspr of central excise during march 80. Iwas promoted as supdt. c. excise during sept 96 in the pay scale of 8000-13500 and my junior who joined dept in nov. 80 got promotion in july97. I was placed in the scale of 8000-13500 from the scale of 6500-10500. Due to revision of pay in april2004 my junior was fixed inscale of 7500-12000 and after 24 year service in nov. 2004 he was placed in the scale of 8000-13500Thus my junior is drawing more than me This anomaly is not due to acp.I should be upgradedto be at par with my junior.

  • admin team

    Dear rastogi
    you will get one regular inc on 1/7/10 and one 3% fixation on completion of 4 years from 5/7/10

  • Devesh Rastogi

    I am working as Supdt of Customs and was promoted on 30.6.2006, but joined as Supdt on 4.7.2006. Now for fixation of pay after 4 yrs of service in PB-2 with GP 5400, will it be fixed on 1.7.2010 or 5.7.2010? Also pls clarify whether I will get only one increment, or two (one regular increment on 1.7.2010 and one fixation increment u/r 13(i) of CCS (RP) Rules, 2008.).

  • admin team

    Dear dinesh
    Your deferrment of promotion as UDC is not at all matter (in your particular case) as you have got your 1st ACP in 2000 itself and completed your 20 years in March 2008 itself, you are eligible for 2nd MACP to 2800 wef 1/9/08. 4200 to UDC is aspirations only Not yet confirmed by an OM

  • dinesh bhatia

    sir,

    i was appointed as LDC in March, 88. Granted 1st ACP in March, 2000. Entitled for 2nd ACP from September, 2008 which is not yet given. Present Pay scale is 5200-20200 with 2400 as grade pay. Promoted as UDC in August, 2008 but promotion refused because of transfer on another place. Again promoted on the same station from March, 2010. Some one informed me that GP of UDC’s has been increased to rs. 4200.00. Is that true? please reply.

  • admin

    There should be provision in CCS Revised Pay Rules 2008 for grant of Rs.5400 to AAO after completion of 4 years of service

  • sriram

    sir 
    i am working as AAO in Indian Audit and Accounts Department  with Grade Pay Rs. 4800
    In our Department Grade Pay of Rs 5400 has not been granted on completion of four years as AAO.
    I just want to know whether grant of Rs 5400 Grade pay is applicable to all(departments) who are holding the posts  with Grade pay of Rs 4800,
    As our department is an organised Accounts department whether this upgradation is applicable.
    kindly clarify.

  • venkat

    You are Talking about this grade 7500-12000 to 8000-13500 on completion of continuous service of 4 years. In the 6CPC pay structure, grade pay of these officers would be upgraded from Rs.4800 (PB-2) to Rs.5400 (PB-2) on completion of 4 years of continuous service.
    what about 10000-15400 grade who are seniors & more 13-15 in the same grade, who are not got more benefit while merging the scales with junior cader
    whether this grade may get at list good benefit let me know the status plz.