Mr. HATIRAM HANSDA, who is serving as Superintendent of Central Excise asked,
I am a Central Government employee of the rank of Superintendent; Gr.B under CBEC would like to seek your valued opinion on the following as narrated hereunder–
During the course of audit the inspection team of Dy. Controller of Accounts [IA] observed that in terms of clarification issued by Department of Personnel @ Training vide D.No-62460/US (D) /10 dated 26.07.2010 communicated to the Pr. Chief Controller of Accounts, CBEC, New Delhi, the benefit of non-functional Grade granted to the Superintendent [ Gr-B ] after completion of 4[four] years would be treated /viewed as up-gradation in terms of para -8.1 of Annexure -1 of OM. No. O.M No. 35034/32008-Estt.(D) dated 19.05.2009 and the same would be off set against one financial up-gradation under MACPS .
Click the link below to go to previous GConnect article on this issue for more details
Based on such observations, the inspection team has suggested for review of the cases of 2nd ACP and MACP and recovery of amount drawn in the light of D.O.PT as pointed above.
To frame your opinion, the details of one such case particulars is given bellow;-
- Date of joining of initial appointment as Inspector of Central Excise—20.07.84
- NFSG granted on –01.01.06 along with 3% increment after completion of 4 years service from the date of promotion as Superintendent [02.02.98]
- 2nd Financial upgradation under ACP Scheme was granted on 20.07.08 with 3% incremental benefit.
In the face of such observations of the team of Dy. Controller of Accounts [IA] whether the benefit 2nd ACP/MACP with 3% incremental benefit is allowable or not.
Opinion of GConnect:
We are of the opinion that as per letter F.No: A.23011/29/2010-Ad-IIA dated 20.05.2011 of CBEC addressed to all Chief Commissioners (you can get this letter from GConnect from this link- http://www.gconnect.in/6cpc-matters/govt-allows-pb-3-5400-to-senior-group-b-officers.html) for the purpose of granting ACP non-functional upgradation from the grade pay Rs.4800 to PB-2 5400 should not be taken in to account as ACP envisages only upgradation to next grade and not grade pay. (See para 5)
However, in respect of MACP, the above said letter has not clarified the issue. Unfortunately, the clarification letter issued by Department of Personel @ Training vide D.No-62460/US (D) /10 dated 26.07.2010 communicated to the Pr. Chief Controller of Accounts, CBEC, New Delhi, holds good as on date. This clarification denies 2nd MACP to Officers who have already received financial upgradation to the grade pay of Rs.5400 in PB-2 after completion of 4 years of servicer on the ground that this financial upgradation itself is 2nd MACP.