No. CHQ/IPASP/GP/MACP/2013 Dated : 15/6/2013.
Ms P. Gopinath,
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
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.