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Govt allows PB-3 5400 to Senior Group B officers

This is how this issue could be explained – The matter which is apparent from the straight interpretation of CCS (Revised Pay) Rules, 2008 has at last been settled after almost 3 years on account of wrong interpretation at PAO and field level.

After a great struggle by certain individual officers in an attempt to make the administration to interpret the pay rules in a correct manner, which also include a legal battle before CAT, Ministry of Finance, Department of Revenue, Central board of Excise and Customs has finally accepted the officers plea and decided to allow Grade Pay of 5400 in PB-3 for the Group B Officers (Superintendents of Customs, Superintendent of Central Excise and Appraisers) who were fixed with pre-revised Scale of pay of 8000- 275-13500 as financial upgradation in the promotional hierarchy under ACP Scheme on or before 31.08.2008

This decision has been communicated in the letter F.No: A.23011/29/2010-Ad-IIA dated 20.05.2011

The decision of CBEC in this matter is reproduced below:

I am directed to say that the board is in receipt of various reference from the cadre controlling chief Commissioners/Directors General seeking clarification on grant of grade pay of Rs.5400 in PB-2 or PB-3 on financial upgradation under ACP Scheme. Some individual officers have also approached Court of law for the redressal of their perceived Grievances in this regard

2. The matter has been examined in the board in consultation with the Department of Expenditure/Department of Personnel and Training. Prior to introduction of MACP Scheme, the benefits of 1st /2nd financial up-gradation under The ACP Scheme of August 1999, used to be granted in the promotional hierarchy. The ACP Scheme came into operation w.e.f 9.8.1999. The eligible officers were being allowed the benefits of ACPS w.e.f 9.8.99 or completion of 12 and 24 years of regular service. The Benefits of ACP Scheme of August 1999 had been allowed till 31.08.2008. However, as per the recommendations of 6th CPC, three financial up-gradations have been allowed under MACPS w.e.f 1.9.2008 or on completion of 10,20 and 30 years of continuous regular service. The upgradation is granted in the immediate next higher grade pay as prescribed in the CCS (RP) Rules, 2008. If an officer gets promotion in the normal course during the relevant period that would be taken into account while determining his eligibility for grant of MACP at a particular stage i.e 1st,2nd, 3rd.

3. The new pay structure on the recommendations 6th CPC has been made effective w.e.f 1.1.2006 vide department of expenditure’s notification dated 29.08.2008. the benefits of financial upgradation in the promotional hierarchy under the ACPS had however,been allowed in the revised pay structure during the period between 01.01.2006and 31.08.2008 in terms of clarification given on point of doubt No:3 of Annexure of DOPT’s Om dated 9.9.2010.

4. Further, the benefits of ACPS of August 1999 had been allowed till 31.08.2008 and only functional promotion(s) is/are counted for the purpose of scheme. Besides, there is no provisions for counting ‘Non-functional scale’ for the purpose of ACP scheme.

5. In view of above facts and circumstances, there would be no effect on grant of ‘Non-functional Scale’ in PB-2 with grade pay of Rs.5400 during the period between 1.1.2006 to 31.08.2008, as the same is not counted under ACPS and it would not be offset against financial upgradation under scheme. However, in terms of para 8.1 of Annexure of MACPS financial up-gradation granted in the grade pay of Rs.5400 in PB-2 and PB-3 would be counted separate up-gradation and would be offset against financial upgradation under the scheme.

6. The Hon’ble CAT, Madras Bench vide its judgment and order passed on 9.3.2011 in Bunch of O.As No: 821,930 931 and 1098 of 2010 filed by Shri.S.Ramachandran, Superintendent of Central Excise (Retd) and Others Vs UOI and others has inter-alia held that the applicants are entitled to have the pay scale of Pay Band 3 i.e Rs.15600-39100 with Grade pay of Rs.5400 as the replacement pay scale to the pre-revised scale of Rs.8000-275-13500 which was granted to them as financial upgradation under the ACP Scheme. i.e the scale of pay of the post in the promotional hierarchy.

7. In view of the facts and circumstances explained above, it is hereby clarified that the officers working in the offices under the Central Board of Excise and Customs (CBEC) who have been granted the pre-revised scale of pay of Rs. 8000-275-13500 as financial upgradation in the promotional hierarchy under the ACP Scheme on or before 31.08.2008, may be granted the pay scale in Pay Band 3 i.e Rs.15,600-39100 with grade pay of Rs.5400 as per the 6th CPC replacement pay.

Download letter F.No: A.23011/29/2010-Ad-IIA dated 20.05.2011 of CBEC, Department of Revenue, Ministry of Finance

7 Comments

  1. Dear sir,what is the out come of three pre-revised pay scale Rs.5000-8000,5500-9000 and 6500-10500, merged into a single pay scale of Rs.6500-10500 with grade pay of Rs.4200 wef 01-01-2006 but later on the pre-revised scale of 6500-10500 was given grade pay of Rs 4600 wef 01-01-2006 vide FM OM dated 13 Nov 2010. The pre-revised pay scale of Rs.5000-8000 and 5500-9000 were ignored for upgradation of grade pay of 4600 in this OM dated 13 Nov 2010.The point has been taken up with appropriate authority through NAC meeting,especially affected personnel are Admin Assistant ‘C’ and Admin Supdt and Stores Asstt ‘C’ And Stores Supdt and some other categories of DRDO’s lab/estt. Will you please let us know when we are going to hear the news that order of upgradation of grade pay Rs.4200 of pre-revised Rs 5000-8000 and 5500-9000 wef 01-01-2006 made to Rs 4600 is issued for Admin Supdt and other for DRDO’s lab/Estt.Can any expert Admin member through some light in this regard. Kindly do inform me on my email ID : [email protected] //Thanks and Regards. Gurdev Singh

  2. Dear All,
    In the name of Anna Hazare’s movement there appears to be a sinister move from government against the Government employees. Please read the article in outlook on 25.8.2011 copied below. It is high time that we government employees safeguard our position. The Association forums should come together and oppose any such move to belittle the government employees in total.

    NEWS ITEM IN OUTLOOK ON 25-8-2011

    As Government and Team Anna slug it out over the Lokpal issue, a move is afoot for sacking public servants chargesheeted for corruption once the trial begins.

    The Government told the Lok Sabha today it is examining the recommendations of an expert committee which suggested amendment in Article 311 of the Constitution to pave the way for summary dismissal of government officials facing corruption charges after beginning of trial in competent courts.

    Minister of state for Personnel, Public Grievances and Pensions V Narayanasamy said in a written reply that a three-member committee of experts was constituted to examine and suggest measures to expedite the process involved in disciplinary and vigilance proceedings.

    He said the recommendations are under examination of the Government.

    The Minister said the committee has recommended “Amendment of Article 311 of the Constitution to provide for dismissal from service on charges of corrupt practices after beginning of trial in a competent court.”

    He said the committee has also suggested that second stage consultations with Central Vigilance Commission in such cases be dispensed with.

    The Minister said the committee has recommended a time limit of two months for completion of minor penalty disciplinary inquiries and 12 months for major penalty disciplinary inquiries besides making other recommendations.

    Narayanasamy said the committee has recommended a cut in pension and gratuity of officials in case of compulsory retirement as major penalty.

    The committee has also recommended setting up of Vigilance Commissions with statutory status in states and introduction of plea bargaining in major penalty disciplinary inquiry, he said.

  3. Reg : Avenue of Promotion to PS Cadre of Zonal Railways.

    Sir,

    The following posts in Group’B’ service Gazetted Cadre have been UPGRADED vide Rly. Board’s letter No.PC-V/97/R-II/48 dated 15/9/2000.

    (a) PPS Gr.II to GM in Scale Rs.8000-13500/- ( Vth CPC)
    (b) PS Gr.I to all PHODs/Co-Ordinating HODs and DRMs in Scale Rs.7500-12000.

    2. In terms of Board’s letter No.E(GP)2000/2/84 dated 30/1/2001, the post in Grade Rs.8000-13500/- (Rs.9300-34800, GP-5400/-(6th CPC) (EX.CADRE POST) was being filled up from amongst the PSs who are in Grade Rs.7500-12000/- (Rs.9300-34800, GP-4800(6th CPC) with minimum one year of non-fortuitous service in the grade but this opportunity has also been snatched away from us vide Board’s letter No.PC VI/2008/I/5/4 dated 20.11.2008(RBE No.185/2008) wherein it has been decided that PS Gr.I will be eligible to be placed in Grade Rs.9300-34800/-, GP-5400/- on completion of 4 years of regular service in existing scale Rs.7500-12000/- (Rs.9300-34800, GP-4800(6th CPC) whereas other Jr.Scale Group-B officers of other departments in Indian Railways are enjoying this facility after completion of 3 years in the form of 80% upgradation. They are also enjoying the opportunity to get ad hoc promotion in Senior Scale/-(Rs.15600-39100, GP-6600/-(6th CPC) after completion of 3 years service. Almost all the cadres except Private Secretary cadre in Indian Railways, group’B’officers have the opportunity to get at least one promotion after 3 years in Senior Scale(80% upgradation) i.e.Rs.10000-15200/-(Rs.15600-39100, GP-6600/-(6th CPC).

    3. In this connection, it is intimated that we the senior most Private Secretaries have been promoted to PS Gr.I in Scale Rs.7500-12000/- in January,2002 is still working in Jr. Scale as PPS to GM/AGM and PS to PHODs in scale Rs.8000-13500/-(Rs.9300-34800, GP 4800 after rendering 4 years we have got GP-5400 in PB 2 scale(6th CPC) . Most of the PSs have been retired and will be retiring from service on superannuation after rendering another One to three years of service. There is no avenue for promotion to Senior Scale post (GP-6600/-) and we shall have no other alternative but to retire in same grade due to non availability of Senior Scale post in PS cadre, for which we are the only cadre in Indian Railway working in Zonal Railway Hd. Qrs. stagnating in the same grade years together.

    4. It is pertinent to mention here that though 6th CPC have recommended vide para 11.15 Parity established between Field and Secretariat Offices. The Secretariat and Stenographers cadres to stand merged in future. But it is utter surprise that though more than five years have elapsed after recommendation of 6th CPC, the PARTIY yet to be made functional.

    6. Keeping in view the above, we, the Private Secretaries, are proposing to arrange the following :

    (a) To upgrade PS post to PPS grade ( at least 80% upgradation) in Scale (Rs.9300-34800, GP-4800(6th CPC) to Senior Scale in Grade Rs.15600-39100, GP-6600/-(6th CPC) for operation as PPS to GM/AGM & PPSs to PHODs/Co-Ordinating HODs.

    (b) Since the Recruitment Rules has been issued, arrangement may kindly be made so that Private Secretary Cadre could be included in the Indian Railways Misc. Organized services category.

    This is big anomaly, may kindly be looked into seriously. We therefore, request to the National anomaly committee (6th CPC) with the help of email to render natural justice to the deprived Private Secretaries of Zonal Railways, otherwise it would be a HISTORICAL EXAMPLE FOR THE PRIVATE SECRETARIES WORKING IN ZONAL RAILWAYS(INDIAN RAILWAYS), IF THEY ARE DENIED FURTHER PROMOTION/HIGHER ECHELONS & RETIRED IN SAME GRADE.

    Hopping for the favorable outcome in the next NAC meeting to be held on 5th January,2012 and our problem will certainly be meted out this time.

    Thanking you
    ( P. ROY )

  4. I have joined in DEI as Semi Professional Asst on 20th oct 1986. My Pay scale at that time was 1200-2040 and cadre structure was formed by UGC and I was given 4500-7000 from 1/1/1996 onward. After 1st ACP MY GRADE WAS 5500-9000 WHICH comes
    corresponding pay in the PB 9300-34800 WITH gp 4200/- and after 2nd ACP MY GP WAS 4600/-.On 27/10/2011 I was applied & joined as professional Asst but the Scale structure was 9300-34800of GP 4200/-ONLY.Since I already drawing GP OF 4600/- as Semi Professional Asstin thr previous post how could my GP comes down to 4200/- in the promotional post Professional Asst? I want to know the actual pay and my GP in the new post whether GP 4800/- OR 5400/-? PLEASE HELP ME IN FINDING A RIGHT PAY STRUCTURE SO THE I MAY APPROACH MY EMPLOYER FOR THE SAME Thanking you P DAVID Engg Faculty DEI Agra UP

  5. I have joined in DEI as Semi Professional Asst on 20th oct 1986. My Pay scale at that time was 1200-2040 and cadre structure was formed by UGC and I was given 4500-7000 from 1/1/1996 onward. After 1st ACP MY GRADE WAS 5500-9000 WHICH comes
    corresponding pay in the PB 9300-34800 WITH gp 4200/- and after 2nd ACP MY GP WAS 4600/-.On 27/10/2011 I was applied & joined as professional Asst but the Scale structure was 9300-34800of GP 4200/-ONLY.Since I already drawing GP OF 4600/- as Semi Professional Asstin thr previous post how could my GP comes down to 4200/- in the promotional post Professional Asst? I want to know the actual pay and my GP in the new post whether GP 4800/- OR 5400/-? PLEASE HELP ME IN FINDING A RIGHT PAY STRUCTURE SO THE I MAY APPROACH MY EMPLOYER FOR THE SAME Thanking you P DAVID Engg Faculty DEI Agra UP

  6. sir,

    i have joined in defence on 9.03.2005 and resigned on 10.11.08 through proper channel and joined another department …now later on my ssc batchmates of 2003 have been promoted as sr. auditor and they didnot include me , The reason stated by them is that you wete not borne on the strength of department….. will you please suggest me . with some authority orr circular etc…. pl email me at [email protected]

  7. Hon’ble CAT in OA No. 2498/2012 on 21/11/14 has passed directions to afix pay in promotional hierarchy. in case of Anita Gupta TV PRoducer Grade 1 in NCERT.
    On consideration of the rival submissions, we find that the issue to be resolved in this case is whether on grant of 6th CPC scales, the applicant deserves to be placed in PB-III with Grade Pay of Rs.5400/- or PB-II with Grade Pay of Rs.5400/-. Since the two have been treated as a separate pay scales under the MACP Scheme, if she is placed in PB-II with Grade Pay of Rs.5400/- as replacement of scale of Rs.8000-13500 which she has got as second ACP benefit, then on grant of 3rd MACP, she will move to PB-III with Grade Pay of Rs.5400/-. On the other hand, if the replacement scale given to her is PB-III with Grade Pay of Rs.5400/- then she will move to PB-III with Grade Pay of Rs.6600/- on grant of 3rd MACP benefit. It appears that earlier the view of the DoP&T was that employees who were in Group B should get PB-II with Grade Pay of Rs.5400/- as replacement scale for the scale of Rs.8000-13500. However, after a number of court cases and on re-consideration of the matter in consultation with the Ministry of Finance, a clarification was issued to Ministry of Corporate Affairs that those getting ACP benefits in promotional hierarchy prior to 31.8.2008 to the grade of Rs.8000-13500 be given replacement scale of pay of PB-III with Grade Pay of Rs.5400/- after implementation of 6th CPC. This benefit was granted to an officer of Ministry of Corporate Affairs. Also Department of Revenue has issued a general circular granting the same to their employees. In our opinion, the applicant also deserves the same benefit on grounds of parity.
    7. We, therefore, allow this OA and quash the impugned order dated 1.3.2012. We direct that the applicant be granted PB-III with Grade Pay of Rs.5400/- as replacement scale w.e.f. 1.1.2006 and thereafter PB-III with Grade Pay of Rs.6600 as 3rd MACP benefit with effect from due date. She shall also be entitled to consequential arrears arising out of the same. These benefits will be extended to the applicant within six weeks from the receipt of a copy of this Order. No costs.

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