Article By :
Dias Sebi Joseph(email@example.com)
Effect of non functional up gradation on MACPS
Commerades attention is brought towards the MACP orders issued by Cochin Commissionerate; wherein 2nd and 3rd MACP was refused by the department relying on Para 8.1 of MACP Scheme in DOP&T's O.M. No.35034/3/2008-Estt.(D) dated 19/5/09 read with Board's clarification in Sl.No.6 of letter F.No.A-26017/76/2009-Ad.II A dated 29/9/2009 & CBEC's letter F.No.A-23011/29/2010-Ad.IIA dated 20/05/2011 on the following ground:
“(1) The officer has joined the department as Direct Recruit Inspector on 15/03/1985. He was granted 1st ACP to the pay scale of Superintendent on completion of 12 years of service on 09/08/1999. He was promoted as Superintendent on 23/09/2002. He would have been eligible for 2nd ACP on completion of 24 years if this scheme was in place as on 15/03/2009. Since, the ACP Scheme was replaced by the MACP Scheme w.e.f. 1.9.2008, the officer's eligibility for financial up-gradation can be considered as per the provisions of MACP Scheme only. The second financial up-gradation would be granted after completion of 20 years or whenever a person has spent 10 years continuously in the same grade pay, which ever is later. The officer was given the grade pay of Rs. 5400 in PB-2 on non functional basis after completion of 4 years of regular service in the cadre of Superintendent, which is counted for the purpose of granting financial up-gradation under MACPS. As per the instructions and clarifications in the matter, the eligibility for second MACP to the officer is restricted to GP Rs 5400 in PB-2 in terms of para 8.1 of the DOPT OM
I would like to analyze the issue for the sake of aggrieved officers so that they can take up the issue at proper forums to fight for justice.
What does CBEC's letter F.No.A-23011/29/2010-Ad.IIA dated 20/05/2011 says:
4.------- the benefits of ACPS of August 1999 had been allowed till 31.08.2008 and only functional promotion(s) is/ are counted for the purpose of the Scheme. Besides there is no provision for counting ‘Non-functional scale’ for the purpose of ACP Scheme.
5. In view of the above facts and circumstances, there would be no effect on grant of ‘Non-functional Scale’ in PB-2 with Grade Pay of Rs.5400/- during the period between 1.1.2006 to 31.8.2008, as the same is not counted under ACPS and would not be offset against financial up-gradation under the Scheme. However, in terms of Para No.8.1 of Annexure of MACPS, financial up-gradation granted in the grade pay of Rs.5400/- in PB-2 and PB-3 would be counted separate up-gradation and would be offset against financial up-gradation under the Scheme.
What does old ACPS of August 1999 says:
5.1 Two financial up-gradations under the ACP Scheme in the entire Government service career of an employee shall be counted against regular promotions (including in-situ promotion and fast-track promotion availed through limited departmental competitive examination) availed from the grade in which an employee was appointed as a direct recruit. This shall mean that two financial up-gradations under the ACP Scheme shall be available only if no regular promotions during the prescribed periods (12 and 24 years) have been availed by an employee. If an employee has already got one regular promotion, he shall qualify for the second financial up-gradation only on completion of 24 years of regular service under the ACP Scheme. In case two prior promotions on regular basis have already been received by an employee, no benefit under the ACP Scheme shall accrue to him;
What does new MACPS says:
8. Promotions earned in the post carrying same grade pay in the promotional hierarchy as per Recruitment Rules shall be counted for the purpose of MACPS.
From the above it can be seen that only the promotions in the promotional hierarchy is counted for the new MACPS Scheme also and there is no difference in both the Schemes. However, CBEC has relied upon Para No.8.1 of the new MACPS Scheme.
What does Para No.8.1 says:
8.1 Consequent upon the implementation of Sixth CPe's recommendations, grade pay of Rs. 5400 is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5400 in PB-2 and Rs.5400 in PB-3 shall be treated as separate grade pays for the purpose of grant of up-gradations under MACP Scheme.
On Para No.8.1 the clarification was sought by the Pr.Chief Controller of Accounts from DOPT and vide the letter Ref.No: 10067/2010 dated 29.11.2010, DOPT had clarified as under the Para.No.2 that:
“It may ensured by the referring department as to whether the grade pay of Rs.5400 in PB-2 is in the promotional hierarchy or otherwise. If this grade is in the promotional hierarchy, then it would be counted as financial up gradation under the ACPS. If not in the promotional hierarchy, the same would not be counted as financial up gradation.”
From the above it humbly submitted that the CBEC had failed to appreciate that the question of offset comes only if the Grade Pay allowed of Rs. 5400 in PB-2 on non functional basis after completion of 4 years of regular service in the cadre of Superintendent in terms of Ministry’s letter F.NoA-26017/98/2008-Ad.IIA dated 21.11.2008 with effect from 01.01.2006 is promotional scale.
Now I would like to draw the attention of Commerades towards the Notification issued vide S.O.946(E) dated 9th April, 2009 of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training).This notification has classified all the Civil Posts under the Union. For sake of brevity the classification of Group-B given at Sl.No.2 is reproduced below:
“A Central Civil post carrying the following grade pays:-
Rs.5400, Rs.4800, Rs.4600 and Rs.4200 in the scale of pay of Rs.9300-34800 in Pay Band-2”
From the above classification it can be seen that Grade pay of Rs.5,400/- in the scale of pay of Rs.9300-34800 in Pay Band-2 has been classified under Group-B, hence non-functional scale i.e. pre-revised scale of Rs.8000 – 275 – 13,500 and fixed in Grade pay of Rs.5,400/- in PB2 after completion of 4 years in the grade of Superintendent in terms of Ministry’s letter F.NoA-26017/98/2008-Ad.IIA dated 21.11.2008 with effect from 01.01.2006 is not a promotional scale as it is classified under Group-B and in view of clarification dated 29.11.2010, addressed by DOPT to Pr.Chief Controller of Accounts the same would not be counted as financial up gradation.
In view of the above facts and circumstances, there would be no effect on grant of ‘Non-functional Scale’ in PB-2 with Grade Pay of Rs.5400/- even other than the period between 1.1.2006 to 31.8.2008, as the same cannot be counted under MACPS and would not be offset against financial up-gradation under the Scheme. For more details my articles in Gconnect may kindly be referred to.