No.
CHQ/IPASP/GP/MACP/2013 Dated
: 19/6/2015.
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,
