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.
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, 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
