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Mr.S.J,DIAS, who works for Central Excise Department as Superintendent(Appeals-V) at Ahmedabad-I Central Excise Commissionerate Gujarat is the author of this Article.
In my previous articles in GConnect (Why Financial up-gradation after 4 years is not ACP? & Effect of Classification of Posts under CCS (CCA) Rules, 1965) I have analyzed as to why the financial up gradation to Pay Band 2 Grade pay of Rs.5400 after four years of service in respect of certain Group B Posts cannot be considered as promotion or MACP/ACP.
In this article, I am going to discuss an issue which is an extension to the above said issue.
Whether same Grade Pay of Rs.5400 before and after ACP is justified?
Hon'ble CAT, Chennai in O.A No: 821, 930, 931 and 1098/2010 in the case of S. Ramachandran, Superintendent of Central Excise (Retd) & others. (Click here to read this previous GConnect Article which covers this issue) has ordered that GP of 5400 in PB-3 has to be fixed on second ACP which was granted prior to 1.9.2008. Now, my concerns are:
- Whether the same Grade Pay of Rs.5400/- which is allowed after 4 years of service, would be applicable for Officers who have got 2nd ACP prior to 1.9.2008
- Why the Point No: 3 of Office Memorandum No. 35034/3/2008-Estt(D) dated 09.09.2010 (click here to read this circular), was not at all taken in to account, which exactly touches this issue by advocating with an illustration that Grade Pay of Rs.6600/- should be granted for Officers who have received second ACP to the scale of Junior Time Scale prior to 1.9.2008?
What 6CPC Resolution says?
In the resolution notified vide Notification No.1/1/2008-IC dated 29.08.2008 the provisions for granting the ACP are appearing at Sl.No.4 of Part-I Section-I at Page No.45 & 46. At SL.No.1ii), to the table therein, the Govt. has accepted that increment of 3% shall be allowed at the time of ACP; that at SL.No.1iii), to the table therein, the Govt. has accepted the recommendations as under:
“The grade pay shall change at the time of financial up gradation under the scheme. The grade pay given at the time of financial up gradation under ACPS will be immediate next higher pay in the hierarchy of revised pay being recommended”
The recommendations of Assured Career Progression Scheme are already accepted by the Govt. and therefore immediate next higher grade pay in the hierarchy of revised pay bands and grade pay being recommended are to be given at the time of ACP.
Here it is required to be noted that the higher Grade Pay of the revised structure is to be given. Now the Pay Band PB-3 has three grades i.e.Rs.5400/-,Rs.6600/-and Rs.7600/-. In the hierarchy of revised pay bands Grade Pay of Rs.5400/-is already included in Pay Band PB-2 for Group-B officers and given after four years in Grade Pay of Rs.4800/-, hence the immediate next eligible higher grade in the revised pay structure would be Rs.6600/- has to be fixed when second ACP is granted.
What DOPT says?
- For the benefits of ACP to be granted if due between 01.01.2006 & 31.08.2008, it is clarified in Point No: 3 of Office Memorandum No. 35034/3/2008-Estt(D) dated 09.09.2010 (click here to read this circular), by DOPT, which is as follows:
“The new MACPS has come into existence w.e.f 01.09.2008. However, the Pay structure has been changed w.e.f 01.01.2006. Therefore the previous ACPS would be applicable in the new pay structure adopted w.e.f 01.01.2006. Para 6.1 of Annexure-I of MACPS is only for exercising option for coming over to the revised pay structure and not for grant of benefits under MACPS.”
- Further, under in Point No.1, of Office Memorandum dated 09.09.2010, a specific Question was asked as to whether the Pay Band would change in the hierarchy of Pay Bands & Grade Pay on grant of the benefits under MACPS? And the answer given is in affirmative and it is clarified that the up-gradations under MACPS is to be granted in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay as prescribed in the CCS (RP) Rules, 2008.
- As per the MACP Scheme order dated 19.05.2009 and in accordance with Para 6, in the case of all employees who are granted financial up-gradations under Old ACP Scheme till 01.01.2006, their revised pay will be fixed with reference to the pay scale granted to them under old ACPS. i.e. Rs.8, 000 – 275 – 13,500 which is PB2 with grade pay of Rs. 5, 400/- on 01.01.2006.
- However, thereafter between 01.01.2006 & 31.08.2008, the benefit of 2nd ACP is to be continued in the new pay structure on 01.01.2006 and by applying the instructions of DOPT Order 09.09.2010, their pay got to be re-fixed by exercising option for coming over to the revised pay structure under Para 6.1 of Annexure-I of MACPS. It is also clarified above that immediate next higher grade pay is permissible in addition to change in Pay Band . The illustration stated therein has to be interpreted as follows
|As per illustration stated by DOPT||should be correctly interpreted as given below|
(B) In the case of normal promotional hierarchy:
1st ACP' granted on 09.08.1999 :Rs.6500-10500 (pre-revised)
2nd ACP due on 01.10.2006
Therefore, 2nd ACP would be in PB-3 with Grade Pay of Rs.6600 (in terms of hierarchy available).
In the case of normal promotional hierarchy:
Date of appointment in entry Grade of the feeder cadre of inspector of Central Excise and Customs in the pre revised pay scale of Rs.5500-175-9000 (S-10) : 01.02.1982
1st ACP' due on account of ACP scheme introduced on 09.08.1999 to the next grade viz., Superintendents Pay Scale – Rs.6500-10500 (S-12) (pre-revised)
Scale of Superintendents up graded w.e.f 21.04.2004 :Rs.7500-250-12000 (S-14)
Non-functional scale i.e. pre-revised scale of Rs.8000 – 275 – 13,500 granted to the Superintendents with the Grade pay of Rs.5,400/- in the Pay Band of PB2 on completion of 4 years as on 1.1.2006 in terms of Ministry`s letter F.NoA-26017/98/2008-Ad.IIA dated 21.11.2008 with effect from 01.01.2006.
2nd ACP due on 01.10.2006 to the cadre of next promotional post
Therefore, 2nd ACP would be in PB-3 with Grade Pay of Rs.6600 (being the next higher grade in accordance with the existing hierarchy in a cadre/category of posts after the grade of Rs.5, 400/-).
In a nutshell, by applying the above instructions of DOPT quoted above, all the officers who are granted 2nd ACP till 31.08.2008 are to be placed in PB3 with grade pay of Rs.6,600/-. On 3rd financial up-gradation these officers are to be placed in PB3 with a grade pay of Rs.7, 600/-. Staff Associations may like to take up the matter with the authorities.