No.
CHQ/IPASP/GP/MACP/2013 Dated : 19/6/2015.
Director (SR & Legal),
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
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
