No. CHQ/IPASP/GP/MACP/2013 Dated
: 19/6/2015.
To,
Shri Arun Malik,
Director (SR & Legal),
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
Subject : Request for grant of Grade Pay of Rs. 5400/-
to the ASPs after completion of 4 years of regular service in GP of Rs. 4800/-
earned under MACP Scheme…Regarding.
Ref.
: Your letter No. 10-01/2014-SR
dated 26th September 2014
Respected Sir,
I
would like invite your kind attention to this Association’s letter of even
number dated 1/9/2014 which was forwarded by SR division to DDG (P) for
initiating necessary action in the matter. Also refer to this Association’s
letter of even number dated 19/11/2014 addressed to Secretary (Posts) and copy
endorsed to you wherein it was requested to convey the approval of Non
Functional Grade Pay of Rs. 5400/- to all ASP/PS Group B Officers effective
from the date of they have completed 4 years regular service in Grade Pay of
Rs. 4800/-, but till date neither the issue resolved nor reply received from
Directorate.
I
would like to point out that as per Government of India’s Resolution No. M.F
No.1/1/2008-1C, Dt. 29.08.2008,clause (x) (e), “Group-B officers of Departments
of Posts, Revenue, etc. will be granted Grade Pay of Rs. 5400/- in PB-2 on
non–functional basis after 4 years of regular service in the grade pay of
Rs,4800/- in PB-2”. As per this clause all the group “B” officers of Department
of post, Revenue etc. will be granted grade pay of Rs. 5400/- in PB- 2 on
non-functional basis after 4 years of regular service in the grade pay of the
4800 in PB-2.
Further, as per Para 9 of the Annexure I to DoPT O.M. dated 19.05.2009
issued from F.No. 35034/3/2008-Estt.(D):
“Regular Service for the purpose of the MACPS shall commence from the
date of joining of a post in direct entry grade on a regular basis either on
direct recruitment basis or on absorption/re-employment basis…...past
continuous regular service in another Government Department in a post carrying
same grade pay prior to regular appointment in a new Department, without a
break, shall also be counted towards qualifying regular service for the purpose
of MACPS….’’.
As per
Para 2 of DoP&T OM No. 5034/3/2008-Estt(D)(Vol.II) dated 01.11.2010:
“….financial upgradation under the MACPS shall be allowed in the immediate next
higher grade pay in the hierarchy of revised pay bands as given in SSC (Revised
Pay) Rules, 2008”.
The
1st schedule of CCS (RP) Rules, 2008 as mentioned in Rule 3 & 4 above, pay
band & grade pay on the pay scale as applicable for every post/grade shall
be specified. Para 7.6.14 of the report of Pay commission would make it clear
that a Group “B” officer in PB-2 with a Grade pay of Rs. 4800/- will get the
Grade Pay of Rs. 5400/- after completing 4 years of regular service on non –
functional basis. The enhancement of grade pay is not dependent on the post,
but on regular service of 4 years in Grade Pay of Rs. 4800/- in PB-2
(Rs.7500-12000 pre-revised).
As is
evident from DOP&T letter No. 10/02/2011.E.III/A dated 7-1.2013 the pay of
Govt. Employees on promotion to a post carrying higher duties and
responsibility but carrying the same grade pay is to be fixed by way of
addition of one increment of 3% of the sum of pay band of the existing grade
pay. As such on assuming higher responsibility from the date of promotion of
ASPs to Group “B” no financial benefit is given. Apparently the GP of Rs.4800/-
earned by ASPs by virtue of length of service after 30 years is treated as
final GP for all purpose. Had this not be the position the pay of ASP on assuming
higher responsibility must be fixed under FR 22 1(a) 1. As such claim for grant
of Grade Pay of Rs, 5400/- in PB-2 from the date of financial upgradation in GP
of Rs.4800/- on non-functional basis vehemently uphold.
However, Grade Pay of 5400/- is not being granted to the ASP who got 3rd
Financial Upgradation under MACP Scheme and completed 4 years regular service
in Grade Pay of 4800/- on the pretext that non-functional up-gradation to the
Grade Pay of Rs 5400 in the PB-2 can be given on completion of 4 years of
regular service in Grade Pay of Rs 4800/-
in PB-2 (pre-revised pay scale of Rs 7500-12000) after regular promotion
and not on account of financial up-gradation due to MACP. On the other hand no pay
on so called regular promotion is fixed under FR 22 1(a) 1.
In
this context, it is pertinent to mention here that as per GOI resolution
1/1/2008 IC dated 29.8.08 does not make a categorization within Group B cadres
viz ASP/ Supdt. in Departments of Post for the purpose of grant of Grade Pay of
Rs 5400/- as both cadre are in Group B and enjoying gazetted status. In terms of MACP scheme
notified by the DoPT vide OM No 35034/1/97- Estt(D) dated 9.8.1999, the financial up-gradation under
the scheme should be granted to the pay scale of the next hierarchical cadre.
It is
not out of place to mention here that on plain reading of DOP&T memorandum
No. 10/02/2011.E.III/A dated 7.1.2013 leads to the conclusion that either pay
of the officer on assuming higher responsibility should be fixed under FR 22
1(a) 1 in the same GP treating regular service on promotion in the relevant GP
or financial upgradation under MACP or otherwise should be considered a regular
service in that GP. Two separate interpretations on one issue are bad in the
eyes of law and are considered mischievous, farfetched, hyper technical and
illegal.
In the
light of above submissions, it is most humbly prayed vide this Association’s
letter even number dated 15/6/2013, 16/9/2013, 11/11/2013, 31/1/2014, 1/3/2014,
17/4/2014 and 1/9/2014 that Non Functional Grade Pay of 5400/- may please be
granted to all the ASPs/PS Group ‘B’ officers effective from the date they have
completed 4 years regular service in Grade Pay of 4800/- but unfortunately no
attention seems to have been paid by the Directorate on this vital issue.
It is therefore requested to kindly look into the
matter and cause to intimate the present status of the issue immediately.
Yours
sincerely,
Sd/-
(Vilas Ingale)
General Secretary
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