To
Dak Bhawan, Sansad Marg
New Delhi-110001.
Subject: Clarification
on change of date of next increment (DNI) in terms of Rule-10 of CCS (RP)
Rules, 2016
A kind attention is drawn towards
Clarification issued vide directorate letter No. 1-8/2023-PCC dated 07.11.2024. In para 3(ii) of illustration 1, it is
mentioned that if opted for pay fixation on date of next increment i.e.
01.01.2023, DNI shall remain the same (1st January) as per Rule-10 of CCS (RP)
Rules, 2016. The next date of annual increment shall be admissible on
01.01.2024.
As per Para 5 of ministry of
finance, DoE F. No. 4-21/2017-IC/E.III(A) dated 31.07.2018, “Accordingly, keeping in view the principle
followed during the period before 1.1.2016 immediately prior to coming into
force of the CCS(RP) Rules, 2016, which has been modified in the revised pay
structure in terms of Rule 10 thereof by way of 2 dates of increment on 1st
January and 1st July, it is clarified that in case an employee is promoted or
granted financial upgradation including upgradation under the MACP scheme on 1st
January or 1st July, where the pay is fixed in the Level applicable to the post
on which promotion is made in accordance with the Rule 13 of the CCS(RP) Rules,
2016 , the first increment in the Level applicable to the post on which
promotion is made shall accrue on the following 1st July or 1st January, as
the case may be, provided a period of 6 months’ qualifying service is
strictly fulfilled. The next increment thereafter shall, however, accrue only
after completion of one year.”
From the
above, it is clear that if opted for pay fixation on date of next increment
i.e. 01.01.2023, DNI shall be 01.07.2023.
In view of
the above, It is requested that kindly issue necessary amendment in context to
ibid letter.
To
The
Subject: Regarding clarification on Regular Promotion in
terms of Para 4(iii) of MACP consolidated guideline issued in terms of DoPT
letter No. 35034/3/2008-Estt(D) (Vol. II) dated 04.07.2017.
As per DoPT
letter No. 35034/3/2008-Estt(D) (Vol. II) dated 04.07.2017, “Benefit of pay
fixation available at the time of regular promotion shall also be allowed at
the time of financial upgradation under the Scheme………………………………………………However, at
the time of actual promotion / grant of Non-Functional Scale, if it happens to
be in a post is a grade carrying higher grade pay than what is available under
MACPS, no pay fixation would be available and only difference of grade pay
would be made available. At the time of such regular promotion/grant of
Non-Functional Scale to the higher grade pay than what has been given under
MACPS, the employee have the option to draw the difference of Grade Pays from
the date of such regular promotion/grant of Non -Functional Scale or the date
of accrual of next increment in the pay allowed under MACP".
Now, the
question is what is regular promotion? As per DoPT guideline issued vide letter
No. DOPT-1721625311004 dated 22.07.2024, “in making promotions, it should be
ensured that suitability of the candidates for promotion is considered in an
objective and impartial manner. For this purpose, Departmental Promotion
Committee [DPC] (for considering Promotion) should be formed in each Ministry/
Department/ Organisation. In addition, for considering cases of
confirmation Departmental Confirmation Committee [DCC] needs to be
constituted.” From these inferences, it is clear that promotion is made
though DPC. LDCE (Limited departmental
competitive examination) cannot be treated as regular promotion. Form its
terminology itself clear that it is limited not regular.
DoPT has
clarified in its original order of MACP that the financial up-gradation under
the MACPS is in the immediate next higher grade pay in the hierarchy of
recommended revised pay bands and grade pay as given in CCS (Revised Pay)
Rules, 2008. If employee is in level 2 and its next regular promotion in
hierarchy is level-4. He will get MACP in Level 3 and on its regular promotion
in level -4; he will not get benefit of the fixation separately. But, during
the illustration issued by the directorate, several time posts shown after MACP
are not the regular promotional posts. For example: -
|
Cadre |
Regular promotion hierarchy |
|
MTS |
MTS – Postman - Mail overseer |
|
PA |
PA(time scale) - LSG-HSG(II) – HSG(I) -
HSG(I)NFSG |
|
IP |
IP – ASP - PSS Gp.B - JTS-STS |
|
LDC |
LDC – UDC - Assistant (ASO) – SO - US |
|
Accountant |
Junior Accountant-Senior Accountant |
From above
table, it can be said that MTS to PA, PA to IP or AAO, IP to PSS Gp-B, UDC to
SO, etc. is not a regular promotion post.
In view of
the above, it is requested to issue necessary guidelines/clarification so that
court cases, complaint cases may be reduced. Employee may not be unnecessary
harassed. Uniformity in deciding the MACP cases and their fixation may be
prevailed at the all level between different circle.
