No.
CHQ/IPASP/GP/MACP/2013 Dated : 15/6/2013.
To,
Ms P. Gopinath,
Director General,
Department of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
To,
Ms P. Gopinath,
Director General,
Department of Posts,
Dak Bhavan, Sansad Marg,
New Delhi 110 001.
Sub: Request for grant of Grade Pay of Rs 5400/- to the
ASPs after completion of 4 years of regular service in G.P. of Rs. 4800/-
earned under MACP Scheme
Respected Madam,
Association wishes to bring to your kind notice following
provisions requiring in-depth analysis, favouring for grant of GP of Rs. 5400/-
to those entire ASPs cadre officials, after immediate completion of their
regular service in GP of Rs.4800/- earned under MACP. It is hoped that these
would certainly find in line and would be taken into consideration before
arriving at a just and favourable decision.
It is brought to your kind notice 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, 5,400/- in PB-2 on non –functional basis after 4 years of regular service
in the grade pay of Rs,4,800/- 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. 5,400/- 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. 4,800/- in PB-2 (Rs.7,500- 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, 5,400/- 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, far fetched, hyper technical and illegal.
In the light of above submissions, it is most humbly prayed that
Non Functional Grade Pay of 5400/- may please be granted to all the IP/ASP/PS
Group B officers effective from the date they have completed 4 years regular
service in Grade Pay of 4800/-.
With profound regards.
Yours Sincerely
Sd/-
(Vilas Ingale)
General Secretary
