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3:58 PM (6 hours ago)
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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 3rdFinancial 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
consideredmischievous, farfetched, 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
