Tuesday, November 12, 2019

LETTER TO SECRETARY POSTS REQUESTING TO REVIEW CASES RAISED BY POA


To
            Sh. P.K.Bisoi,
            Secretary Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001

No. CHQ/POA/1-75/2019-20                                        Dated 13.11.2019

Sub: Request for review of all long pending cases of the Group B officers.
Respected Sir,
I on the behalf of the Postal Officer Association feel privileged to congratulate your kind honour on joining the highest post of the department. We, the members of POA are sure that the department will achieve new milestones under your intuitive vision and dexterous talent. The officers who are part of the administration will also get justice while working under your able guidance. This Association assures you all support and co-operation in achieving all the goals and given the task of transforming all the Post Offices into a vital network capable of serving the customer with all sophisticated services.
At the same time Association brings to your kind notice some pending issues concerning our cadre which are enhancing the sense of discontentment due to non-settlement of the same. It is being kindly recalled that we also met your kind honour in your chamber as Member (P) where it was explained how the senior members of the association have been discriminated while conferring GP of Rs.4600/- to IPs and placing far-far seniors in the same scale placing ASPs at the disadvantageous position. This has not only lowered the dignity of the ASPs (Gazetted) but also given step-motherly treatment to seniors by disturbing the already settled position of different cadres in different scales.
Sir, you will agree that may it be 5th CPC or 7th CPC has kept ASPs and PS Group B officers above IPs thus placing IP and ASP (Gazetted) in the same scale/GP for a particular period is not only discrimination towards seniors but also a violation of natural justice. Extending the benefit to IPs ignoring the right of seniors when another cadre under separate set of recruitment rule exit in the hierarchy is against equality and thereby violation of article 14 and 21 of the constitution. Even the department is extending benefit of ACP/MACP to those promoted as ASPs after 2006 creating unnecessary anomalies and resentment amongst seniors particularly promoted as ASPs prior to 1-1-2006.
With the motive of fare had just treatment amongst all aggrieved, this association has written a series of the letter but the department has not taken any positive cognizance of these letters.  This issue was also discussed in the Circle Working Committee meeting of the Postal officers Association held on 7th and 8th September 2019 at Faizabad Ayodhya U.P.  After discussion a resolution was passed unanimously to take up the issue with directorate forcefully so accordingly copy of the resolution along with earlier letters written to directorate was sent for taking a favourable decision but unfortunately, it went for no result till now.
It is therefore urged to kindly intervene and get all the pending issue including above one settled early by issuing clear orders so that all may get justice under your dynamic leadership.
With warm regards

Sunday, October 13, 2019

RESOLUTION No.III


To
            The Secretary (Post)
             Department of Post
             Dak Bhawan, Sansad Marg
             New Delhi-110011 

No. POA/CWC/ Resolution-3/2019                                    dated 14-10-2019  

Sub: - Request for issue of common orders for grant of GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with the review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017.  

Respected Sir,

                Circle Working Committee meeting of the Postal officers Association was held on 7th and 8th September 2019 at Faizabad Ayodhya U.P. to discuss various issues concerning to this cadre which are enhancing the sense of discontentment due to non settlement of the same. In the above subject case even postal department has not taken any initiative to issue common orders on this count as did by the Ministry of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after having approval of Department of Expenditure, MOF conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extending benefit of Grade pay of Rs. 5400/- in PB-II on non functional basis after 4 years of service in the grade pay of Rs.4800/- in PB-II to all similar placed officers in their department. After discussion, following resolution was passed unanimously.

“Postal officers Association unanimously resolve to urge Secretary (P) for issue of common orders for grant of GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017 before filing court case seeking relief with all consequential benefits.  

In this regard, attention is also invited towards Postal Officer Association’s letter dated 17-9-2018 (copy enclosed as Annex-I) requesting for grant GP of Rs. 5400/- on completion of Rs.4800/- earned under MACP. The Association in the above letter has further requested directorate that decision made by the Hon’ble Supreme court of India is required to be implemented to similar placed Group “B” officer of the Department of Post. In the light of submissions explained in the attached letter and in view of Hon’ble Supreme court orders to implement civil appeal no. 8883 of 2011, the association humbly prayed that orders to allow the benefit for grant of GP of Rs. 5400/- to those officers who had got the GP of Rs.4800/- on up-gradation under MACP should also be implemented by issuing common orders. This will meet the end of natural justice and save the unnecessary expenditure of association and department too.
         
 It is therefore requested to kindly consider the resolution passed by the members of the association keeping in view the genuine demand of the officers which has already been implemented in favour of employees who have approached the court. It is great injustice with the officers who are not approaching the Hon’ble court due to the paucity of funds and time. Association hopes that an early and favourable action will be taken by the department.

With profound regards.


Yours Sincerely

(R.N.Yadav)
General Secretary
Postal Officers Association

                                                                             Annex-I
To
  Sh. A.N.Nanda,
  The Secretary (Post)
             Department of Post
             Dak Bhawan, Sansad Marg
             New Delhi-110011

No. POA/CHQ-27/2018                           dated 17-9-2018

Sub: - Request for grant GP of Rs. 5400/- immediate on completion of regular service in GP of Rs.4800/- earned under MACP in view of decision on review petition (civil) no. 2512 of 2018 in civil appeal no. 8883 of 2011 with review (c) no. 2519 of 2018 in SLP (C) No. 17576/2017. 

Respected Sir,

        Association wishes to bring to your kind notice the following provisions requiring in-depth analysis, favouring for grant of GP of Rs. 5400/- to those entire IP 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. This representation is preferred upon a judicial pronouncement by the Hon’ble Madras High Court in Writ Petition No.13225/2010 M. Subramaniam v. Union of India and others, decided on 06.09.2010 and also an order passed by the Principal Bench in OA-2930/2014.
  
As per Government of India’s Resolution No.  M.F No. 1/1/2008-1C, dated 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 CCS (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).

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 vis ASP or Supdt.of Post offices 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, far-fetched, hyper technical and illegal.

Similar matter had come up for decision before the Hon’ble Central Administrative Tribunal Madras Bench. The said tribunal had ruled in favour of the employee to the effect that if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the non-functional upgradation with effect from 01.01.2006 and “if the officer completes 4 year on a date after 01.01.2006, he will be given non-functional upgradation from such date on which he completes 4 year in the pay scale of Rs.7,500-12,000 (pre-revised), since the petitioner admittedly completed 4 year period in the pay scale of Rs.7500-12000 as on 01.01.2008, he is entitled to grade pay of Rs.5400/-. In fact, the Government of India, having accepted the recommendations of the 6th Pay Commission, issued a resolution dated 29.08.2008 granting grade pay of Rs.5400/- to the Group-B Officers in Pay Band 2 on non-functional basis after four years of regular service in the grade pay of Rs.4800/- in pay band-2. Therefore, denial of the same benefit to the petitioner based on the clarification issued by the Under Secretary to the Government was contrary to the above said clarification and without amending the rules of the revised pay scale, such decision cannot be taken. Therefore, we are inclined to interfere with the order of the Tribunal”.

The said decision was challenged by the revenue department before the Hon’ble High court of Madras. The challenge made by the department had been rejected by the said court meaning thereby the CAT orders stood affirmed. The judgement passed by the Hon’ble High court of Madras was challenged before the Hon’ble Supreme Court of India and challenge so made stood rejected even by the Hon’ble Apex court. As such orders passed by CAT bench become applicable to all similar placed officers being the SLP rejected by Hon’ble Apex court so should be applicable to the officer of DOP also.

It is pertinent to mention here that in similar placed applicant other benches of CAT upheld the decision of Hon’ble High Court of Madras and passed orders “Considering the reasoning given by the Hon’ble Madras High Court, we declare the action of the respondents in not granting the grade pay of Rs.5400/- to the applicants on completion of four years service in grade pay of Rs.4800 as illegal and unjustified”.

Recently Ministry of Information and Broadcasting vide letter no F. No.515/63/2016-BA(E) after having approval of Department of Expenditure, MOF as conveyed vide UO NO. 22(4)/E.III.B dated 10.11.2017 extended benefit of Grade pay of Rs. 5400/- in PB-II on non functional basis after 4 years of regular service in the grade pay of Rs.4800/- in PB-II to all similar placed officers in their department. Whereas, PS Group B officer of DOP are more analogous than AEs of Ministry of Information  Broadcasting as in 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. is clearly spelled out.

        In the light of above submissions, it is most humbly prayed that of GP of Rs. 5400/- to those entire IP cadre officials, after immediate completion of their regular service in GP of Rs.4800/- earned under MACP.       

With profound regards.


Yours Sincerely

(R.N.Yadav)
General Secretary
Postal Officers Association

REQUEST FOR FUNDS FOR FILING COURT CASES


Shabeer Sir
Actually, some Group B officers were drawing GP of Rs. 4800/- while working as ASPs before promotion to PS Group B that they earned on account of completion of 30 years of service in Group B and some 10 years in ASP cadre. For such officers, no fixation was done on promotion on regular basis to PS Group B. Directorate letter no. 1-14/2006/PCC dated 4-11-2008 provides GP of 5400/- on a non-functional basis to PS Group B officers on completion of 4 years of regular service in PS Group B and not on clubbing the service rendered in ASP cadre. However, those who are approaching the court are getting GP of 5400/- on completion of four years of service in GP of 4800/- with consequential benefits irrespective of the fact whether one rendered four years of service in ASP cadre or PS Group B.  Now after 7th pay commission situation has changed altogether. Since our cadre has given GP of 5400/- w.e.f 1.1.2006 so the department has withdrawn the benefit of NFSG. It is neither allowed in ASP cadre nor in PS Group B and so much so pay of those who were in the GP of is 4800 being fixed without notional increment placing at one stage lower to those promoted after 1-1-2016 even under MACP. The peculiar situation is for those promoted or joined after 1-1-2012 as virtually their pay has been reduced by one increment.
Now we have two options:

1.    Association can file a court case for grant of GP of Rs.5400/- on completion of four years of service in GP of 4800/-. This is a covered case and it is 100% sure that the department has to issue common orders if association filed the case. In this case, beneficiaries will be only those who got the GP of Rs. 4800/- under MACP on completion of 30 years of service prior to 1-1-12. This is beneficial for seniors like me and you too.
2.    Secondly, the association can demand the restoration of NFSG on the pleas that Ministry of Finance vide letter No. 26017/219/2016- Ad.II.A dated 10-4-201 has clarified to the revenue department that since 7th CPC recommended only normal replacement pay level for Superintendents so NFSG introduced on the basis of 6th CPC recommendation will continue under 7th CPC regime by replacing the pay structure of pay band and Grade Pay with the corresponding Pay Levels/ Cells in Pay Matrix. As such all PS Group B officers are eligible for a fixture of pay on completion of four years of service in Group ‘B’ with corresponding pay levels/cells in Pay Matrix i.e level 10. Moreover, NFSG is being allowed in all the cadres as given in the recommendation of 6th CPC so denial to our cadre can be challenged in the court of law. In this case, benefit to the seniors will be less as compared to the juniors.
        For both the cases funds will be required but till today no one has contributed so my views are that we should go for covered case that will cost us less. In case of second one let the junior may file a case. Simultaneously we seniors will file seniority case so that may get fixture in JTS.
          After filing two cases I will resign from all the posts of association may it be CHQ or circle. I am thankful to you sir for extending help.


Saturday, October 12, 2019

RESOLUTION No.II


To

The Secretary Posts,
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001

No. POA/CWC/ Resolution-2/2019                                    dated 11-10-2019    

Subject:    Request for redefining the financial benefits in term of 2nd ACP and 3rd MACP at appropriate GP to senior IPs/ASPs , consequent upon placing IPs & ASPs in the same GP of  4600/- w.e.f 1-1-2006.

Respected Sir,

                Circle Working Committee meeting of the Postal officers Association was held on 7th and 8th September 2019 at Faizabad Ayodhya U.P. to discuss various issues pertaining to the cadre and one of the above long pending demands of the officers was discussed in detail. After discussion, following resolution was passed unanimously.

“Postal officers Association unanimously resolve to urge Secretary (P) to extend benefits of Grade pay of 4800/- and 5400/- as on 01-01-2006 with increment in the same scale to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006. The 6th pay Commission has emphatically illustrated that change of grade pay should be accompanied by fixation only. This should be extended either under the benefit of ACP/MACP or straight way upgrading the pay scale as allowed by 7th pay commission.The association has resolute that otherwise, anomaly will continue & as a result both serving & retired ASPs have to approach Court unnecessarily by spending thousands of rupees”.

Directorate vide letter dated 11.01.2013 has already clarified that prior to introduction of MACP, promotion/financial up-gradation in posts which carry the same grade pay due to merger of pay scales/up-gradations are to be ignored in term of clarification given in point of doubt 1 of ACPS. It is unfortunate that despite repeated request by the effected officers and representation from association side no action has been taken by the department. Copies of the letter dated 11-3-2019 and 2-9-2019 enclosed as Annex-I and Annex-II are self explanatory for taking decision to remove the anomaly.

                It is therefore requested to kindly consider the resolution keeping in view the genuine demand of the officers who have been deprived of their legitimate right. Association hope that an early and favourable action will be taken by the department.
Yours sincerely,


(R N YADAV)
GENERAL SECRETARY
Postal Officer Association

Annex-I
POSTAL OFFICERS ASSOCIATION (INDIA)
Central Headquarter: 17/3 B, Kali Bari Marg, New Delhi 110001

To
          Sh. A.N. Nanda
          The Secretary (Post)
                                   Department of Post
                                   DakBhawan, Sansad Marg
                                   New Delhi-100001

No.     CHQ/POA/1-1/2019-20                                   Dated                    2.09.2019

Sub:    Request for the issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.
Respected Sir,

            Members of the Postal Officer Association (India) have been raising their concern for not settling the issue regarding grant of financial benefit to senior ASPs w.e.f 1-1-2006 but our Directorate is silent despite several requests from the staff side.  Consequent upon court verdict various orders like (i) placing of Inspector of Posts ( IP) in the Grade Pay of Rs 4,600/- from Rs 4,200/- w.e.f.  01-01-2006 on par with next hierarchical promotional Gazetted Post i.e. Assistant Superintendent of Posts (ASP) and (ii) grand of one increment in the same scale on promotion to next hierarchical Post of ASP cadre have been issued by the department for those who joined the department just after 2006 with all consequential benefits including arrears. These beneficiaries are being allowed the provisions of MACP at the upgraded level. Whereas far-far seniors who were working as ASPs on 1-1-2006, now Postal Service Group B officer have been placed in a detrimental and disadvantageous position. It is pertinent to mention here that many of our senior members are still working at level 8 whereas the juniors have been placed at level 9 on allowing benefit of 3rd MACP. It is a clear cut case of discrimination.

Sir, you will agree that consequent upon placing ASPs and IPs in the same GP of 4600/- corresponding to the old pay the scale of 7450-225-10500, the promotion already given to ASPs in the lower scale of 6500-200-10500 has become redundant and need to be discarded Hence, an anomaly occurred due to hierarchical problem. These orders nullified the promotion of ASPs (Gazetted). As a matter of justice, ASP should be allowed benefit of one increment as on 1-1-2006 as allowed to ASP promoted after 1-1-2006 in the same scale.

Reasons for Anomaly between IP & ASP on 1-1-2006. 

1.         Postal Directorate vide Memo No 2-12/2013-PCC dated 24.10.17 increased Grade pay of IP by Rs 400/- (from 4,200 to 4,600) from 1-1-2006.
2.         IP pay has been fixed minimum as Rs 17,140 ( Pay band Rs 12,540 + GP Rs 4,600) as on 1-1-2006 vide OM No. 8-23/2017-E.IIIA dated 28-09-2018 of Ministry of Finance  Department of Expenditure.
3.         Under the provision contained in OM No.10/02/2011-E.III/A of Ministry of Finance  Department of Expenditure dated 7-01-2013 one increment is given when IP promoted to ASP after 2006.
4.         Further, on 1-9-2008 after the introduction of MACP orders, a PA recruited after 1-9-1989 who is IP/ASP will get 4,800/-grade pay WITH INCREMENT in his 2nd MACP in just 20 years of service apparently earlier to Sr. ASP who got 4800 after 30 years.
In nutshell with all the above orders/provisions, some of the IP's pay either became equal or crossed the ASP after 1-1-2006 to 1-9-2008Reason for pay Anomaly between ASP & IP is due to placing/granting of 4,600 Grade Pay to IP on and after 1-1-2006 and ignoring the fundamental right of seniors.

Further calculation reveals that IPs as on 1-1-2006 are given Rs. 400/- increase in their Grade Pay and also will get one increment when they get ASP promotion after 1-1-2006 around Rs 600/-.  But contrary to this those who were ASPs as on 1-1-2006 and their pay was fixed after 6th pay commission was simply given multiple of 6500/- without even giving the benefit of fitment table. Now again on the promotion of these IPs to ASP will again get one increment + 4,800 GP under 2nd MACP around Rs 650 + 200 = Rs 850/-.

As explained above, after 1-1-2006 an IP by 1-9-2008 will get around Rs 400+600+850 = Rs 1,850/-.  While ASP has not given any benefit of creating an anomaly in the hierarchy.
ANOMALY is due to the WRONG decision of MoF/DoE/DoP as grade pay of ONLY IP was upgraded WITHOUT UPGRADING grade pay of ASP. Hence, Anomaly has to be set right.
.
Solution to set right Anomaly between IP and ASP

A.  Cadre of Inspector Post (Non-Gazetted) and ASP (Gazetted) have been placed in the identical GP of Rs. 4600/-. As provided in MOF OM No. 10/2/2011.E.III/A dated 7-1-2013, the fixation of pay on promotion from one post to another where promotional post carries the same GP as the feeder post, in such cases fixture of pay will be done in the manner as prescribed in Rule 13 (i) of CCS (RP) rules 2008.  Apparently, the officers who were working as ASPs as on 1-1-2006 are also eligible for the fixture of pay w.e.f 1-1-2006 in an identical scale for two different cadres after giving the benefit of increment.

B.        Since ASPs and IPs have been placed on the same scale so provision for grant of MACP or ACP will have to be redefined in view of the DoPT  clarification in its OM No. 35034/1/97-Estt (D) (Vol. IV) dated 12.02.2000 ( point of doubt No. 1)  and 18.7.2001, earlier promotion given is to be IGNORED COMPLETELY promotion earned /up-gradation granted under the ACP schemes in the past to those grades which now carry the same GP due to the merger of the scales/ up-gradation of posts recommended by the sixth pay commission shall be ignored for the purpose of up-gradation under MACPs.

 As such fixation is to be given afresh with increment on 1-9-2008 under MACP. As per VI pay Commission, change of grade pay should be accompanied by fixation only. Otherwise, Anomaly continues & hundreds of both serving & retired ASPs have to approach Court unnecessarily by spending thousands of rupees.

Association, therefore again urge your kind honour to issue orders with regard to extending benefits of Grade pay of 4800 and 5400 as on 01-01-2006 with increment in the same scale to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006.

With profound regards

Yours Sincerely


R N Yadav
General Secretary
Postal Officer Association

Copy to:
1.    Sh. P.K.Bisoi, The Member (Personnel) Postal Services Board, Postal Directorate, New Delhi-110001
2.    The DDG (Establishment ) Dak Bhawan New Delhi-110001
3.    The ADG(PPC), Dak Bhawan New Delhi-110001

Annex-II

POSTAL OFFICERS ASSOCIATION (INDIA)
Central Headquater : 17/3 B, Kali Bari Marg, New Delhi 110001

     To
                        Sh. A.N.Nanda,
The Secretary (Post)
                        Dak Bhawan, Sansad Marg
                        New Delhi-100001

No.     CHQ/POA/1-54/2017-18                               Dated 11.03.2019

Sub:    Request for issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.

Respected Sir,

Kindly refer to this association letter dated 15.10.2018 and 17-12-2018 on above mentioned subject through which Postal Officers had requested for extending benefits of 2nd and 3rd MACP in Grade pay of 4800/- and 5400/- to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006. Copy of the earlier letters is enclosed for your reference.

In this respect, it is to be stated that consequent upon placing the ASP and IP in the same GP of Rs. 4600/- corresponding to the old pay scale of 7450-225-10500, the promotion granted in the ASP cadre who were working in that capacity as on 1-1-2006 is required to be ignored. Directorate in the letter 4-7/ (MACPS) 2009-PCC dated 11-1-2013 had clarified that prior to introduction of MACPs, promotion/ financial up-gradation in the posts which carry the same grade pay due to merger of pay scales/ up-gradation recommended by CPC are to be ignored in terms of clarification given on point of doubt 1 of ACPs in the letter dated 10-2-2000.

As such the pay fixture benefit to those ASPs who were promoted prior to 1-1-2006 or who got financial up-gradation prior to 1-1-2006 needs revision as on 01-01-2006 in the same manner as was done in case of other cadres in their respective hierarchy. In our cadre it should be GP of 4600/-, 4800 and 5400/- for 1, 2 & 3rd financial up-gradations.

Following illustrations would explain the position:

1.
Date of appointment of an applicant in entry grade as PA in  the pre-revised pay scale of 260-480                                    
DOJ in the department 30-12-1981
Entry in department It is common for all.
2.
1st promotion in IP cadre in the pay scale of 1400-2300, up-graded to 5500-9000 by 5th pay commission now upgraded to the scale of 7450-225-10500 in  the GP of 4600 (1-1-06)
Date of promotion in the cadre of Inspector Post        30-01-1989
Both the cadres have now been placed in the same GP w.e.f 1-1-06 which should be treated as 1st promotion or MACP.
3.
2nd promotion in ASP cadre 6500-200-10500. The ASPs were given GP of Rs. 4600/- corresponding to the upgraded old pay Scale of 7450-225-10500 as on 1.1.2006. At that time no bunching benefit was given and pay was fixed with multiple of 1.86 what was drawing in scale of 6500-200-10500.                                                                           
Date of promotion in the scale of  6500-200-10500
7-12-2001
4.
3rd MACP in GP of 4800/- now level 8 which has been conferred to ASPs w.e.f 1-1-2016 and are given 2nd promotion or MACP as the case may be.
7-12-2011
This should be  treated as 2nd MACP to ASP promoted prior to 1.1.2006
5.
Now 3rd MACP is being conferred in the GP of Rs. 5400/- on completion of 30 years of service to all ASPs eligible for MACP or promotion.
Still virtually  working in 4800/- as fixation is not done on 1-1-2016
This should be  treated as 3rd MACP to ASP promoted prior to 1.1.2006 when it is considered for those promoted after 1.1.2016

            Apparently both the scales of IPs and ASPs have been merged and granted GP of Rs. 4600 w.e.f. 01.01.2006 corresponding to old pay scale of 5500-9000 in which applicant get 1st promotion & 6500-225-10500 upgraded to GP of Rs. 4600/- equal to the old pay scale of 7450-225-60500 w.e.f. 01.01.2006.

            Consequent upon merger of two scales and placing both the scales in GP of Rs. 4600/- the applicant become eligible to 2nd MACP on completion of 20 years of service in the GP of Rs. 4800/- w.e.f. 01.01.2006.  However, if the department considers it that financial up-gradation under MACP cannot be conferred from the date prior to 01.09.2008 in such a case 2nd financial up-gradation in GP of Rs. 4800/- can be given from 01.09.2008.  The applicant will accordingly become eligible for 3rd MACP in the GP of 5400/- on completion of 30 years of total service or after rendering of 10 years service in 2nd MACP.

            Since the review DPC is applicable for other similar placed officers in all the circles as promotion in ASP cadre can vary from circle to circle so this association request you to please issue common orders to all the circles to conduct review DPC for all the ASP/ P S Group B officers so that no one feel discriminated.

            Thanking you and remains.

Yours sincerely,


(R N YADAV)
GENERAL SECRETARY