ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as All India Association of Central Excise Gazetted Executive Officers)
President:
Address for communication: Secretary
General:
Kajal
Kumar Mandal Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob. 9957366172 mail
Id:aiacegeo2019@gmail.com Site:
cengoindia.blogspot.in Mob. 9717510598
Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju
Vice Presidents: B C
Khatik, K D Venkatraman (Central) Swapan
Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas
Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint
Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha,
Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B
Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary:
B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising
Secretary: Utkarsh Sharma West Zone Coordinator: R Keny Legal
Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey
East Zone Coordinator: Debasish Modak
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref.
No. 35/AIB/M/26
Dt. 03.06.26
To,
(1) The
Secretary, DOPT, New Delhi.
(2) The
Secretary, Department of Expenditure, New Delhi.
(3) The
Secretary, Department of Revenue, New Delhi.
(4) The Chairman, CBIC, New Delhi.
Sub: MACP upgradation.
Dear Sirs,
Kindly
refer to the various representations submitted by this Association since very
beginning on the subject matter.
2. It is brought to your kind notice with
due regards that our officers were getting GP of Rs. 5400 in PB3 after
completion of 24 years under ACP Scheme whereas they are getting the same after
completion of 30 years under MACP Scheme as also accepted by the CBIC vide
F.No.A-26017/84/2014-Ad.IIA.
Thus, MACP Scheme has been proved totally disadvantageous & discriminatory
to our officers.
3. This injustice is being done on the pretext of
para 8.1 of Annexure-I of MACP OM No. 35-34/3/2008-Estt(D)dated 19.05.2009. In
totally arbitrary manner, not only the GP of Rs. 5400 in PB2 & PB3 is being
treated separately for the purpose of MACP upgradation but NFS/NFU of Rs. 5400
in PB2 is also being treated as one MACP upgradation whereas it is nowhere
mentioned in Para 8.1 that the NFS/NFU would be treated as financial
upgradation under MACP scheme. The para 8.1 says that consequent upon the
implementation of Sixth CPC’s recommendations, grade pay of Rs.5400 is now in
two pay bands viz., PB-2 and PB-3. The grade pay of Rs.5400 in PB-2 and Rs.5400
in PB-3 shall be treated as separate grade pays for the purpose of grant of
upgradations under MACP Scheme.
4. It is nowhere mentioned in Para 8.1 or
FAQ No. 16 of the DOPT that the nonfunctional scale in Grade Pay of Rs. 5400 in
PB-2 is to be treated as a financial upgradation under MACP Scheme. Nothing
such to treat NFS/NFU as MACP upgradation is also mentioned either in the Govt.
Resolution dated 29.08.2008 or anywhere in MACP scheme, nor it has been
recommended by the CPC. The scheme also talks of “financial upgradations
under MACP scheme”, not any other financial upgradation. It means that three
financial upgradations are to be counted for the purpose which have been given
under MACP scheme. No other financial upgradation is to be treated as financial
upgradation under MACP scheme.
5. The Para 8.1 of the DOPT instructions is a corollary to para 8 and
applicable only to those departments where the Recruitment Rules provide for
promotion to the post carrying the same Grade Pay. Since the Grade Pay of Rs.
5400 in PB2 is not a part of the promotional hierarchy of our executive
officers under CBIC but a dynamic financial upgradation under CCS(RP)Rules as
NFS, it cannot be a part of MACP Scheme which is governed by different set of
rules. Moreover, DOPT in its
subsequent OM/Clarification dated 05/04/2021 issued on the directions of the
Hon’ble Supreme Court post the case of M V Mohanan Nair has also not equated NFS/NFU
with MACP upgradation. So, it can’t be treated as MACP upgradation.
6. The para 8 of the DOPT OM provides
that ‘promotions earned in the post
carrying same grade pay in the promotional hierarchy as per Recruitment Rules
shall be counted for the purpose of MACPS’. This means promotion can offset
one MACP benefit even if there is no change in grade pay. So what matters is
change of grade, not grade pay.
7. The Hon’ble Supreme court also
observed under para 9 of the order in the case of M. V. Mohanan Nair v UoI, “Under
the Sixth Central Pay Commission, revised pay structure has been implemented
with effect from 01.01.2006, whereas benefits of ACP Scheme have been allowed
till 31.08.2008. Vide Office Memorandum dated 19.05.2009, the Government of
India introduced the MACP Scheme, in supersession of the ACP Scheme w.e.f.
01.09.2008.”
Thus, it is clear that NFU/NFS
(non-functional scale) granted after four years of service as part of pay being
implemented w.e.f. 01.01.2006 notified under statutory provisions under Article
309 independent of MACP upgradation and MACP Scheme being implemented w.e.f.
01.09.2008 as an incentive scheme, both are totally different and are not
dependent on each other. Moreover, no upgradation given prior to the origin of
MACP Scheme can be treated as MACP upgradation.
8. As per Para 11
of MACP OM, the grant of time scale in Grade Pay of Rs. 5400/- in PB2 before
initiation of MACP scheme is not to be reopened. The para is reproduced as
under:
“11.
It is clarified that no past cases would be reopened. Further, while
implementing the MACP Scheme, the differences in pay scales on account of grant
of financial upgradation under the old ACP Scheme (of August 1999) and under
the MACP Scheme within the same cadre shall not be construed as an
anomaly."
Thus, any
benefit/upgradation granted on or before 31.08.2008 can’t be
challenged/modified/reopened as per CCS (RP) Rules read with para 11 of MACP
Scheme.
9. In view of para
11 of MACP OM, it has also been clarified by the CBIC vide clarification F.No.A-23011/29/2010-Ad.IIA Dt.
20.05.11 under para 4 and 5 that there would
be no effect on grant of NFS/NFU during the period between 01.01.06 to
31.08.08. Thus, NFU/non-functional scale granted during ACP period prior to
introduction of MACP scheme (i.e. 01.09.2008), can no way be offset with MACP
upgradation. The relevant paras are reproduced as under-
“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 provision for counting ‘Non-functional Scale’ for the
purpose of ACP Scheme.”
5. In
view of the 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 31.8.2008, as the
same is not counted under ACPS and it would not be offset against financial up
gradation under the Scheme…………”
10. The Hon’ble High Court of Delhi vide
its judgment dated 24.08.2012 passed in WP(C) No.5146/2012 in case of Union
of India Vs. Delhi Nurses Union (Regd) & Anr. held that the NFS/NFU
would also not be treated as financial upgradation under MACP Scheme. The order
of the High Court was also upheld by the Hon’ble Supreme Court by dismissing
Special Leave to Appeal (C) CC No. 4399 of 2013 filed by the Union of India
vide order dated 06.02.2018.
11. The Para 8.1
of the MACP Scheme has also been dealt with by the Hon’ble Madras High Court
vide WP No. 11535/2014 in the matter of UoI & Ors vs S. Balakrishnan &
Ors. Union of India assailed the
order of High Court vide SLP No. 15396/2015. The same was dismissed by the
Hon’ble Supreme Court and the Review petition was filed by Union of India was
also dismissed. It was established by this order that-
(i) NFU/Time
scale/NFS (Non-Functional Scale) cannot be offset with MACP upgradation.
(ii) GP 5400 PB3
is not higher than GP 5400 PB2 observing that the government proceeded as Grade
Pay of Rs. 5400/- in PB3 is higher than the Grade Pay of Rs. 5400/- in PB2.
(iii) Next higher
Grade Pay after Grade Pay of Rs. 5400/- in PB2 is Grade Pay of Rs. 6600/-.
(iv) Grade Pay of Rs. 6600/- in PB3 is to
be given after Grade Pay of Rs. 5400/- in PB2 as MACP upgradation.
12. Hon’ble Delhi High Court in WP (C) No. 9357/2016
in Hari Ram & Anr Vs Registrar General case ordered on 20.12.2017 that NFU/NFS
granted after 04 years of service would not count as financial upgradation for
the purpose of MACP Scheme based on S.
Balakrishnan verdict. The order of the Hon’ble High Court of
Delhi has been implemented without further appeal.
13. As per the judgment of the Hon’ble
High Court of Madras in Writ Petition No.13225/2010 titled Sh. M.
Subramaniam Vs. Union of India, the officers are entitled for grant of
NFS/NFU after continuous service of four years in the pay scale of
Superintendent got on account of ACP/MACP. The SLP filed by UOI was dismissed
establishing that NFS/NFU is independent of ACP/MACP upgradation being given
after four years of it. The said decision was upheld by the Hon’ble Supreme
Court in Civil Appeal No.8883 of 2011. Review Petition filed in it by UOI was
also dismissed.
14. Further, in terms of Para 1(x)(e) of
Resolution dated 29.08.2008 issued by the Department of Expenditure and
notified in Gazeette, the grant of Grade Pay of Rs.5400 in PB-2 (referred to as
‘NFS/NFU’) on completion of 4 years regular service in Grade Pay of Rs.4800 in
PB-2 to the group-B Officers of Revenue Department is revision of pay scale. It
is, therefore, neither ACP/MACP nor promotion and therefore, it cannot be
offset against MACP.
15. The Hon’ble High Court, Ernakulum
[Order dated 04.07.2013 in OP (CAT) No. 919 of 2013 (Z)] N K Gopinathan &
Allath Sundaran in para 7 also held as under:
"It was also found that the
non-functional scale granted to the respondents was neither by way of promotion
nor under the ACP/MACP Schemes. Learned counsel for the petitioners contended
that the non-functional scale granted to the respondents should be treated as
financial up-gradation and then, they were not entitled to financial
up-gradation from the grade pay of Rs. 6600/- to Rs. 7600/. At the same time,
the learned counsel admitted that the non-functional scale was applicable to
all the employees covered by the orders in respect of the same and it was not
financial up-gradation coming under the ACP/MACP Schemes. Therefore, such an
argument advanced by the learned counsel has no legs to stand. The Tribunal has
considered the questions in their right perspective and arrived at right
conclusions. We find no infirmity or jurisdictional error with the orders
passed by the Tribunal."
The Special Leave Petition preferred
before the Supreme Court against the said decision has also been dismissed vide
Civil Appeal Nos. 2941-42/2014 on 06.02.2018.
16. The Hon’ble High Court of Delhi vide
its decision dated 22.01.2019 in WP(C) No. 4195/2015 in case of Shaira A. Khan
also held based on the above dismissal of Civil Appeal Nos. 2941-42/2014,
“The Special Leave Petition
preferred before the Supreme Court against the said decision before Hon’ble High Court, Ernakulam vide
Order dated 04.07.2013 in OP (CAT) No. 919 of 2013 (Z) (supra) has
also been dismissed after grant of leave vide Civil Appeal Nos.2941-42/2014 on
06.02.2018. Thus, the issue that the grant of Non-Functional Scale did not
tantamount to promotion or grant of benefit under the ACP/MACP Schemes stands
approved by the Supreme Court.”
17. In the case of V. K. Sharma Vs Union
of India (Principal Bench, Delhi OA No. 1622/2014) also NFU granted after 04
years of service was not counted as financial upgradation for the purpose of
MACP Scheme. The decision of Hon’ble Tribunal was upheld by the Hon’ble High
Court. Further, SLP No.012340 of 2018 of
UOI in V.K. Sharma was dismissed by this Hon’ble Court.
18. The NFS/NFU being revision of pay
scale is part of pay notified under CCS (Revised Pay) Rules, 2008 cannot be
amended/revised/curtailed by an executive order as has been done by the Govt.
By issuing executive instruction, Govt. illegally & irrationally resorted
to modify statutory rules i.e. CCS (Revised Pay) Rules, 2008 issued under
Article 309 of the Constitution, which is not sustainable in view of the
settled law. In the case of Ajaya Kumar Das Vs State of Orissa & Ors. in
Civil Appeal No. 4977 of 2009, as per Para 10 that executive instruction cannot
over rule/override statutory rules issued under Article 309 of the
Constitution. The same thing was observed by the Hon’ble High Court of Madras
in Writ Petition No.13225/2010 titled Sh. M. Subramaniam Vs. Union of
India in which SLP as well as Review Petition filed by the Govt. was
dismissed by the Apex Court.
19. The Non-Functional scale/Non-Functional
upgradation (NFS/NFU) is part of Pay Rules and it is applicable w.e.f.
01.01.2006, whereas the Hon’ble Supreme Court in the Civil Appeal No. 1579 of
2021 in the case of Union of India vs. R. K. Sharma & Ors has held that
MACP is not part of pay but it is incentive. Accordingly, DOPT issued OM dated
13.07.2021 that MACP is incentive and like other allowances, it has been
introduced w.e.f. 01.09.2008. Thus, NFS/NFU cannot be treated as MACP, both being
two different entities and being implemented from two different dates.
20. So, our officers are entitled for
grant of 2nd financial upgradation under MACP Scheme in Grade Pay Rs. 6600 and
3rd financial upgradation in Grade Pay Rs. 7600 after joining as direct
Inspector. Accordingly, the officers joining one level below Inspector are
entitled GP of Rs. 6600/- on 3rd MACP upgradation. The fixation of
Grade Pay of Rs.5400 in PB-2 was due to revised pay scale and the same could
not be offset as a financial upgradation under MACP Scheme as the scheme or
Govt. Notification dated 29.08.2008 issued under Article 309 does not lay any
provision for offset of NFS/NFU with the financial upgradation under MACP
Scheme. There is also no provision to offset financial upgradation under MACP Scheme
by time scale. And any clarification could not override the resolution issued
under Article 309.
21. The grant of grant of NFS in the
Grade Pay of Rs. 5400 in PB-2 cannot be treated as a financial upgradation
under MACP Scheme being against the spirit of MACP Scheme, which mandates
placement in immediate next higher Grade Pay. Neither
para 8.1 nor MACP Scheme or DOPT FAQ dated 01.04.2021 (Q.16) says that the
NFS/NFU granted in Rs. 5400 PB2 would be offset against financial upgradation
under MACP scheme.
22. NFS/NFU is granted after four years
regular service in Grade Pay of Rs.4800 in PB-2 or equivalent. MACP Scheme provides
placement in the immediate next higher Grade Pay which is Rs. 6600. It is
reiterated that the Hon’ble High Court of Delhi vide its judgment dated
24.08.2012 in WP(C) No.5146/2012 titled Union of India Vs. Delhi Nurses
Union (Regd.) also granted Grade Pay of Rs. 6600 after NFS/NFU without
offsetting it with the financial upgradation under MACP Scheme. The order
of the High Court was upheld by the Hon’ble Supreme Court as well.
23. From comparative study of ACP &
MACP scheme, an employee was entitled to 1st benefit/financial
upgradation after completion of 12 years of regular service as per ACP scheme,
if the regular promotion was not available during that period. The employee was
entitled to the 2nd benefit/financial upgradation after completion of 12 years
of regular service from the date of the first benefit/financial upgradation
i.e. after completion of a total of 24 years of regular service, subject to
fulfilment of prescribed conditions whereas under the MACP scheme, the employee
is entitled to three benefits/financial upgradations on completion of 10, 20
and 30 years of regular service instead of two benefits/financial upgradations
on completion of 12 and 24 years of regular service. The other distinction
between the ACP Scheme and MACP scheme is that the former (ACP Scheme) assured
the promotional grade, whereas the latter (MACP Scheme) only assured higher
grade pay.
24. CBIC own clarification dated 02.01.2023 says that NFU is not linked to the number of
promotions/financial upgradations. The Department of Expenditure resolution
dated 29.08.2008 clearly states that NFS/NFU to Rs. 5400 shall be granted after
4 years of service in Rs. 4800 grade pay, irrespective of whether that grade
was attained through promotion or ACP/MACP scheme.
25. The stand that NFS/ NFU will be
offset with the financial upgradation under MACP scheme misinterprets both the
MACP scheme and the NFU provisions. This position is contrary to the Ministry
of Finance Resolution dated 29.08.2008 and CBIC clarification dated 02.01.2023.
26. Our officers are entitled to three
financial upgradations under MACP scheme independent of NFS/NFU and Grade Pay
of Rs. 6600 in PB3 after Grade Pay of Rs. 5400 in PB2 as per the Ministry of
Finance Resolution dated 29.08.2008. The related OMs/clarifications to offset
NFU/NFS with MACP upgradation were issued without amendment of the original
resolution or rules and such OMs/clarifications are illegal as well as contrary
to the Resolution dated 29.08.2008.
27. The relevant Resolution dated
29.08.2008 by the Ministry of Finance states that Group B Officers in the
pay scale of Rs. 7500-12000 (pre-revised) shall be granted Grade Pay of Rs. 5400/-
in PB-2 on completion of 4 years in the grade. This resolution does not
differentiate between regular promotion or ACP/MACP as the means of reaching GP
Rs.4800/-. Further the OM dated 21.11.2008, issued by the Department of Revenue
clarifies that Four years shall be counted from the date the officer is
placed in the pay scale of Rs.7500-12000 (pre-revised). Therefore,
placement in the grade (not grade pay), whether by promotion or MACP, is the
qualifying condition.
28. It is undisputed fact that the
resolution dated 29.08.2008 is a statutory policy document and it explicitly
provides that officers in Grade Pay of Rs. 4800 shall be granted Grade Pay Rs. 5400
after four years of service in that grade. The resolution does not make any
distinction between those who attain Rs. 4800 via promotion and those who do so
via financial upgradation under ACP or MACP.
29. The Madras High Court in M.
Subramanian held that any clarification cannot override a resolution issued
by the Ministry of Finance. The Supreme Court dismissed the government appeal
in that matter further affirming the binding nature of the said judgment.
However, NFS/NFU is a separate mechanism provided under the Govt. resolution
dated 29.08.2008 and is not part of the MACP scheme. NFS/NFU is a time-bound scale
and it is distinct from MACP. So, it was decided by the Hon’ble court that
NFS/NFU would be granted after 4 years of getting pay scale of Superintendent
as ACP/MACP upgradation. Further, NFS/NFU has not been categorically denied by
the CBIC to officers who have got three financial upgradations prior to due
date of NFU. The NFS/NFU arises by the completion of four years in GP of Rs. 4800
or equivalent and is not a promotion nor is it counted as an additional MACP
upgradation. This position has been clarified even by the CBIC in its
clarification dated 02.01.2023. The benefit of NFS/NFU after achieving the
grade pay of Rs. 4800/- or equivalent through MACP has already attained
finality in M. Subramaniam vs UOI up to Apex Court. Further in their letter F.
No. A-23011/06/2021-Ad.IIA, dated 02.01.2023, Central Board of Indirect Taxes
and Customs have clarified that NFU is not linked with number of promotions.
30. The Hon’ble
Supreme Court in the case of UOI & Ors. Vs Ex. HC/GD Virender Singh in SLP
(C) No. 16442/2021 in Para 9 of the order held, “9. As rightly held in R.K.
Sharma (supra), the aforesaid reasoning given in the case of Balbir Singh Turn
(supra), in our opinion, has not been accepted by the three Judge Bench
decision in the case of M.V. Mohanan Nair (supra), which in clear terms holds
grant of financial upgradation under the MACP Scheme is not a matter of pay
structure, but an incentive scheme brought into force to relieve stagnation
which operates on its own terms. We may
add that the pay scales are fixed and revised by the rules which are enacted in
exercise of powers conferred by the proviso to Article 309 and clause (5) of
Article 148 of the Constitution of India. Therefore, vide Notification dated
29th August 2008, the Central Civil Services (Revised Pay) Rules, 2008 were
enacted vide G.S.R. No. 622(E). Rule 1(2) states that the Rules, as enacted,
shall be deemed to have come into force on 1st January 2006. The aforesaid
Rules neither postulate nor have any provision for grant of financial
upgradation under the MACP Scheme.………………………”
31. Our officers have totally been discriminated by the wrong implementation of MACPS
because of being forced to get after 30 years of service under modified ACP
Scheme what they were entitled to get within 24 years in original ACP Scheme,
i.e., pay scale of Rs. 8000-13500/- equivalent to the grade pay of Rs. 5400/-
in PB3 as also accepted by CBIC in F.No.A-26017/84/2014-Ad.IIA. These
employees/pensioners are at loss instead of getting any benefit by the
implementation of MACPS. The contention that NFS/NFU is to be
offset against MACP benefit is contrary to the MACP Scheme which provides that
whenever a person has spent 10 years of service continuously in the same grade
pay, he/she is eligible for financial upgradation. A specific NFS/NFU linked
with 4 years of service can no way be termed as financial upgradation under
MACPS. The NFS/NFU has also not been offset with MACP by the State
Governments like Uttar Pradesh etc., where the scheme has also been drawn based
on the recommendations of 6th CPC. Moreover, NFS/NFU can no way be termed as financial
upgradation under MACPS particularly when granted prior to inception pf MACP
scheme. It is also mentioned in MACP OM itself that past cases would not be
opened. The CBIC also issued circular that the NFS/NFU granted prior to
inception of MACP scheme, i.e., 01.09.08 would not be counted as MACP
upgradation.
32. As per the provisions of MACPS-
(i) Screening committee is constituted (para 4).
(ii) Recommendations of screening committee are placed
before appointing authority (para 5).
(iii)The employees are to give option under FR22 (1) (a) (1)
(para 7 of Annexure).
(iv) APAR benchmark is required for MACP upgradation (para
17 of Annexure).
No such condition is applicable for the grant
of NFU/Non-functional Grade Pay/time scale/NFS/NFG after four years of service
as it is governed and granted under CCS(RP)Rules, 2008 w.e.f. 1/1/2006 and
can’t be offset with MACP upgradation. The MACP requires a
screening committee, APAR benchmarks, specific options under FR22(1)(a)(1) etc.
whereas the NFS/NFU is a time-bound scale granted automatically after four
years of regular service in the Grade Pay of Rs. 4800 without such conditions.
33. As per the
Govt Order F. No. 35034/3/2015-Estt. (D) dated 28.09.2016:
“Fixation of pay
will follow the same principle as that for a regular promotion in the Pay
Matrix……”
Therefore, the
administration cannot take a stand that any financial upgradation automatically
granted after 4 years on the basis of pay structure on completion of 4 years of
service shall amount to Financial Upgradation under MACP. For MACP Financial Upgradation,
it MUST follow pay matrix of Regular Promotion. For MACP Financial Upgradation,
the fixation of pay MUST follow the same principle as that for a “regular”
promotion in the pay matrix. The NFU granted after 4 years, does not
follow the same principle as that for regular promotion. In short, its neither
a pay structure in pay matrix for the promoted “Regular Superintendent” nor its
for promoted ‘Regular Assistant Commissioner”. The NFU is purely a pay
structure for those who had completed 4 yrs of service.
34. It is also
worth noticing that a government servant
gets many financial upgradations regularly. For example, every year he/she
gets salary upgradation by annual increment, every 6 months he/she gets DA
upgradation, HRA, LTC upgradation whenever any upgradation in basic etc.
Therefore, these are not counted as a part of MACP Financial Upgradation
because of not being mentioned in the MACP guidelines. Similarly, NFU is also
not mentioned in the MACP guidelines and hence, not to be considered as MACP
upgradation like other upgradations are also not considered.
35. The
replacement of words ‘GRADE PAY’ in para 1 of Annexure to DOPT OM Dt.
19.05.2009 from ‘GRADE’ in the Resolution dt. 29.08.2008 is arbitrary. Accordingly,
in para 1 of the DOPT OM dt. 19.05.09, the words '10 years of continuous stay
in grade pay' should be '10 years of continuous stay in a GRADE' as per the
Resolution.
36. Here is the RESOLUTION of Govt. of India after 6th
CPC
According
to the Govt. Resolution,
A. There
will be three upgradations under
(Modified) ACP scheme. (1 above)
B.
The financial upgradation will be
available after 10, 20 and 30 years of service whenever a person spent 10 years continuously in the same
grade. (iv above)
C. There
is also no mention that NFU/NFS granted after 4 years of service as the part
of pay scale would be treated as Financial Upgradation under MACP Scheme.
However,
the DOPT OM changed the para (iv) of the resolution as follows.
1.
There
shall be three financial upgradations under the MACPS, counted from the direct
entry grade on completion of 10, 20 and 30 years service respectively.
Financial upgradation under the Scheme will be admissible whenever a person has
spent 10 years continuously in the same
grade-pay.
From the above, it
is evident although the intention of Govt. is to give financial upgradation
under MACP scheme after 10 years of continuous stay in the grade. But DOPT changed this to 10 years of continuous stay in the grade pay.
37. The 6th
Central Pay Commission, on the recommendations of which the MACP Scheme was
introduced, very specifically said under para 2.2.19.x that the grade pay of
Rs. 5400/- in PB2 and PB3 is one and same. The 6th CPC made
following observation and recommended:
“The scale of Rs. 8000-13500/- is the
entry grade for Group A posts for which the Running Band PB-3 has been
recommended. Many Group ‘B’ posts had been extended the scale of Rs.
8000-13500/- even though these continued to be Group ‘B’ posts. All such Group
‘B’ posts shall now be placed in the running band PB-2 alongwith a grade pay of
Rs. 5400. To ensure that existing parity in terms of pay scale of these posts
vis-à-vis the entry scale of Group A posts is not disturbed, the same grade
pay of Rs. 5400/- has been prescribed.”
38. The 7th
Central Pay Commission also observed and reported very specifically under para
7.1.4.b that the Grade Pay of Rs. 5400/- in PB2 and PB3 is common (one and
same). Based on this para, Level-9 and Level-10 have been introduced by the
govt to undo the pecuniary difference of Rupee zero between the Grade Pay of
Rs. 5400/- in PB2 and PB3. The 7th
CPC made following observation and recommended:
“In so far as the non-functional upgrade
is concerned, in the newly restructured pay matrix the earlier situation of a common
grade pay i.e., 5400 prevailing in PB2 and PB3 has now been rationalized.
Accordingly, the non-functional upgrade will henceforth be from level 8 to
level 9. In the case of all such cadres/services where non-functional
upgradation is presently available across two levels, for example, from GP 4800
to GP 5400 (PB 3) the same will now be available across only one level for
example, from GP 4800 to GP 5400 (PB-2) or in the new matrix from level 8 to
level 9.”
39. The OM issued
by DOPT vide No. 35034/3/2008-Estt. (D) Dt. 09.09.10 also clarifies at 3(B)
that an officer appointed in pay scale of Rs. 5500-9000 (pay scale of our
Inspector enhanced later to 6500-10500) would get-
(1) Ist ACP
upgradation in Rs. 6500-10500 (pay scale of our Superintendent later enhanced to
Rs.7500-12000).
(2) IInd ACP
upgradation in 10000-12500 equivalent to GP 6600.
(3) IIIrd MACP
upgradation in GP 7600 in immediate next higher Grade Pay.
40. Thus, it is
evident from the above submissions that-
(i) NFU/NFS
granted after 4 years service as the part of pay scale can no way be offset
with MACP upgradation.
(ii) GP of Rs.
5400 in PB2 and PB3 is one & same and can’t be treated separately because
higher grade pay is to be given as MACP upgradation. GP of Rs. 5400 in PB3 is
no way higher than the GP of Rs. 5400 in PB2.
40. In view of
above, it is requested to kindly grant-
(i) GP of Rs.
6600/Level-11 & 7600/Level-12 as 2nd & 3rd MACP
upgradation to all of our officers recruited/appointed as Direct Inspector in
GP of Rs. 4600/Level-7.
(ii) GP of Rs.
5400/Level-10 & 6600/Level-11 as 2nd & 3rd MACP
upgradation to all of our officers recruited at one level below the Inspector.
41. An early
response in the matter is very much expected and requested.
Thanking you.
Yours
sincerely,
(HARPAL SINGH),
Secretary
General.
