The Grade Pay of an officer in his current post in the Government of India will be used to assess his eligibility for Government accommodation.

According to SR 317-B-5, the following are the various categories of residences based on the grade pay.

Government Quarters and type of residences based on the grade pay

1. Residential Accommodation

2. Hostel Accommodation

(a) Eligibility of an officer for Government accommodation shall be determined as per the Grade Pay of such officer in his present post held in the Government of India,

(b) Date of priority in respect of lower type accommodation i.e. Type-I to TypeIV shall be the date of joining the service in the Government of India.

(c) The inter-seniority for the higher type accommodation shall be considered on the basis of following principles, namely:

Classification of Cities for HRA as per 7th CPC – X Y Z Classification of Cities for HRA

• (i) Firstly the Grade Pay of the Officer;
• (ii) Secondly the priority dates within the same Grade-Pay. In this case the priority date shall be the date from which the applicant continuously drawing his existing Grade Pay;
• (iii) Where the priority date of two or more officers is the same, the inter-seniority of the officers shall be determined on the basis of the basic pay i.e. the officer who have a higher pay shall be senior in the waiting list;
• (iv) Where the priority date and the basic pay of two or more officers are the same, the earlier date of joining in the service of the Government of India shall be the next determining principle of inter-seniority.
• (v) where the priority date, basic pay, and the date of joining in the service of the Government of India of two or more officers are the same, the officers retiring earlier may be accorded higher priority over the officer retiring later.

(d) The principle of determining the inter-seniority of two or more officers as specified in sub-clause (ii) of clause (c) shall be implemented from the 1st January 2010.

(e) where Type-V and Type VI accommodation has not been classified as Type V-A and type V-B and type-VI-A and type-VI-B respectively, all the officers eligible for type -V shall be grouped together and similarly those eligible for type -VI shall also be grouped together,

(f) in the case of Secretaries to the Government of India and Additional Secretaries to the Government of India, the date of joining in the Government of India at Delhi shall determine their inter-seniority subject to the condition that no junior batch officer of the same service shall get priority over his senior batch officer. Where the date of joining is the same, the date of retirement shall determine their inter-seniority on the principle that the earlier date of joining the Government of India, irrespective of the place of posting and service/batch seniority, shall determine the inter-seniority.

(g) officer entitled for Type-V and above accommodation shall also be eligible to apply for accommodation below entitlement subject to the condition that such accommodation shall not be below type-IV Special accommodation.

File No.12035/1/98-Policy-II GSR No.128 dated 29.8.2009.*

Deplorable condition of Railway Quarters on Indian Railways etc

It has been decided by the competent authority that allotment of type VII and type VIII house will be made by the Minister of Urban Development keeping in view the functional necessity, criticality/sensitivity of the post held, urgency in requirement of houses by the eligible high dignitaries and such allotments would not entail the imposition of an enhanced rate of license fee upon allottees which are working on very sensitive posts having a lot of responsibility on behalf of the Government. O.M.

No.12035/9/97-Pol.II dated 4.4.2012

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OFFICE OF THE PRINCIPAL CONTROLLER OF ACCOUNTS
10-A, S. K. BOSE ROAD, KOLKATA – 700 001
Pay-Tech Section

No. Pay/Tech-I/ 01(6th CPC)

dated 25/03/2021

To
All CFAs

Subject: Grant of Grade Pay of Rs-5400 in pay band-2 after completion of 4 years regular service in grade pay Rs-4800

A copy of Engineer-in-Chief’s Branch, Dte Gen of Persl/ CSCC HQ Military Engineer Services New Delhi, Letter No.CC-B/77030/ VI CPC/ Gp B Offrs/ CSCC, dated-07/01/2021, on the above subject received under CGDA, Delhi Cantt. No. CGDA/ Navy/ CG/07/Gen Corr/2019/Vol-II, dated 19/03/2021 is forwarded herewith for information, guidance, and compliance to all concerned, please.

DC of A(Fys) has seen.

Enclosure: As above

SAO(Fys)

7th CPC Non-Functional Up-gradation – Grade Pay of Rs. 5400 (PB 2) i.e. Level 9 of 7th CPC Pay Matrix in case of Assistant Accounts Officer

GRANT OF GRADE PAY OF RS. 5400/- IN PAY BAND-2 AFTER COMPLETION OF 4 YEARS REGULAR SERVICE IN GRADE PAY RS. 4800/-

1. It is intimated that instruction for grant of Grade Pay of Rs. 5400/- in Pay Band-2 on completion of 04 years service to all eligible Admin Officer Gde-I/ Senior Private Secretary/ Asstt Architect Gde-I in accordance with Srl No. 02 of Part B, Section-II of Min of Def Notification No. 11(1)/2008/D(Civ-1) dated 09 Sep 2008, has been accorded vide this office letter No. CC-1B/77030/VI CPC/Gp ‘B’ Offrs/CSCC/23 dated 20 Oct 2015.
2. It has come to the notice that in some formations, audit authorities are not approving such cases due to wanting for a separate ‘Sanction Order’ by the competent authority.
3. Keeping in view of this, the case regarding taking the approval/ decision/ clarification from MoD/ MoD (Finance) for the issue of ‘Sanction Order’ by the competent authority of this office, has already been taken up by this office with MoD. The matter is under consideration with them and approval/ decision/ clarification is still awaited. As and when the specific outcome is received from MoD/ MoD(Finance), the same will be communicated to the environment accordingly, till such time the instructions issued vide this HQ letter No. CC-1B/77030/ VI CPC/Gp ‘B’ Offrs/CSCC/23 dated 20 Oct 2015 are not to be implemented.

This has the approval of E-in-C.

(S P Singh, IDSE)
Dir (Pers)/CSCC
For E-in-C

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No. 50(50)2018-D (Estt/NG)
MINISTRY OF DEFENCE
DEPARTMENT OF DEFENCE PRODUCTION
D(Estt/NG)/ Sena-Bhawan

Subject: Up gradation of pay scale for Laboratory Technicians working in the DGOF Organisation – Clarifications regarding

Refer OFB ID No. 044/01/15/ NIE/PER/M dated 30.07.2018 & 042/BPMS/CAT/ PER/M dated 25.11.2019 on the above mentioned Subject.

2. Clarification/ comments with regard to (i) the review of ACP/ MACP benefits for awarding Grade Pay Rs. 4600 to Laboratory Technicians in OFB Hospitals who has already been awarded ACP-I in the scale of Rs. 5000-8000 corresponding to Grade Pay Rs. 4200 and (ii) grant of Upgraded Pay to Laboratory Technicians who do not possess qualification as per RRs of 2005 have been examined in this Department in consultation with DoP&T and Department of Expenditure, Ministry of Finance. The clarifications in this respect as provided by the DOPT & concurred in by Department of Expenditure, Ministry of Finance are as follows

Also check: Check List for Permanent Duty Claim: PCDA(O) Pune Instructions

• Two Laboratory Technicians, whose case has been referred to the DOPT, would, be eligible to get their pay fixed as on 01.01.2006 under the CCS(RP) Rules, 2006 initially in PB-2, Grade Pay of Rs. 4200/-, being their replacement scale as they fulfil the eligibility norms under the RRs notified in 2005. Thereafter, as per para ‘5’ of the MACP guidelines, the 1st ACP earned by them in 2001 in the scale of pay of Rs. 5000-8000 (pre-revised) shall be ignored, and they would be entitled to get their pay refixed as on 01.09.2008 on grant of 1st MACP in PB-2, Grade Pay of Rs.4600/- and further grant of 2nd MACP as on 28.04.2009/03.05.2009, on completion of 20 years of service, in PB-2, Grade Pay of Rs. 4800/-, provided they fulfil the other eligibility norms prescribed under DOPT’s OM dated 19.05.2009, as amended from time to time.
• For the remaining 5 Laboratory Technicians, who do not fulfil the eligibility norms prescribed under the revised Recruitment Rules of 2005, the financial upgradation granted under the erstwhile ACP Scheme, if any, in the pre-revised Day scale of RS. 5000-8000 prior to 0.01.2006 or revised pay scale of PB-2, Grade Pay of Rs.4200/- between 01.01.2006 to 30.08.2008, as the case may be, shall be counted against their entitlement of benefits under the MACP scheme w.e.f. 01.09.2008 and they shall be eligible for only 2nd MACP on completion of 20 years of regular service and that too in PB-2, Grade Pay of Rs. 4600/-.

(Manisha Bhatnagar)
Deputy Secretary to the Govt. of India

Dr. P.P, Wadikhaye
DHS,
Ordnance Factory Board
10-A, Shaheed Khudiram Bose Road,
Kolkata-700 001.

MOD ID No. 50(50)/2018-D (Estt/NG) dated 17.03.2020

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Bharatiya Pratiraksha Mazdoor Sangh
(AN ALL INDIA FEDERATION OF DEFENCE WORKERS)
An Industrial unit of B.M.S
Recognised by Ministry of Defence, Govt of India

REF: BPMS / MOD / Pay Fixation / 60 (7/3/L)

Dated: 20.07.2020

To,

The Secretary,
Govt of India, Min of Defence,
South Block, DHQ PO,
New Delhi – 110011

Subject: Notional pay fixation after currency of Minor penalty is over in case of ACP / MACP.

Sir,

With due regards, your attention is invited to the financial hardships being faced by the employees who are imposed with the minor penalty under CCS (RP) Rules, 1965 and during the currency of such penalty they become eligible for promotion or financial upgradation under ACP/ MACP. As per present system, the said promotion/ ACP/ MACP is actually granted with effect from the date of expiry of penalty period.

For example, the penalty of reduction of pay by one stage from the present Basic Pay of Rs. 15320 (Pay in pay band 12520 + GP 2800) to Rs. 14870 (Pay in Pay Band 12070 + GP 2800) for a period of one year without cumulative effect w.e.f. 05.12.2015 was imposed on a employee of Small Arms Factory, Kanpur as disciplinary measure. It was further directed that he will earn increment of pay during the period of reduction and that on expiry of this period, the reduction will not have the effect of postponing his future increment of pay.

Also check: Whether MACP scheme entitles financial upgradation of pay to the next grade pay or to the grade pay of the next promotional post as envisaged under the ACP scheme

During the currency of penalty, he completed 10 yrs regular service in the same grade pay (GP 2800) on 01.01.2016. Hence, he became entitled for financial upgradation under MACP-III in the Grade Pay of Rs. 4200 but he could not be granted the MACP-III due to the currency of penalty. Meanwhile, consequent upon the acceptance of the recommendations of 7th CPC, the CCS (RP) Rules, 2016 was introduced and his pay was revised and fixed accordingly as Rs. 39200 in Level-5.

As per penalty order, he was granted his Annual Increment on 01.07.2016 and his reduced pay was re-stored on completion of the currency of the penalty of one year without cumulative effect. Thereafter, he was granted the benefit of MACP-III on 05.12.2016 in GP 4200 {Level-6 under CCS (RP) Rules, 2016} and his pay was fixed as Rs. 43600 in Level-6. After granting Annual Increment on 01.07.2017 his pay was fixed as Rs. 44900/-.

If he had not been awarded with the penalty of reduction of pay and MACP would have been granted then his pay would have been fixed Rs. 44900 w.e.f. 01.01.2016 and after granting Annual Increment on 01.07.2016 & 01.07.2017 his pay would have been fixed Rs. 46200 & 47600 respectively. Thus he is drawing less Basic Pay (46200 – 43600=Rs. 2600 per month from 05.12.2016 to 30.06.2017, 47600 – 44900 = Rs. 2700 per month from 01.07.2017 to 30.06.2018 and so on).

This difference of basic pay will also adversely affect his Pension, Gratuity and Leave Encashment on his superannuation in the year 2025. This loss is of permanent nature whereas the imposed penalty was having the without cumulative effect. This causes financial hardships and discontentment.

This financial hardship is due to implementation of instructions contained in DoP&T O.M. No. 22034/5/2004-Estt.(D), Dated 15.12.2004 which states that since the promotion is to take effect only from a date subsequent to the expiry of the currency of the penalty, the officer would be entitled to pay fixation in the promotional grade with effect from the date of actual promotion only. Even if a junior person to him in the panel is promoted earlier, it will have no bearing on the pay to be allowed on promotion to the officer on whom a penalty was imposed, and there shall be no stepping up of his pay.

The above instruction also applies in case of granting of financial upgradation under ACP/ MACP. Hence, the hardship may be mitigated if the following is inserted/amended in the above OM dated 15.12.2004:

“The officer undergoing minor penalty (withholding of increments or reduction of pay without cumulative effect) will not be granted financial upgradation under ACP/ MACP during the currency of penalty but after completion of penalty the MACP as well as pay fixation will be granted ‘notionally’ from the date of eligibility (during the currency of penalty) and the actual financial benefit of such MACP as well as pay fixation will be granted after completion of penalty.”

Also read: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

You are requested to take appropriate action so that DoP&T may amend and insert as said herein above in the referred O.M. Dated 15.12.2004.

Thanking you.
Sincerely yours

(MUKESH SINGH)
General Secretary/BPMS &
Member, JCM-II Level Council (MOD)

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National Council (Staff Side)
Joint Consultative Machinery
for Central Government Employees
13-C, Ferozshah Road, New Delhi-110001

Shiva Gopal Mishra,
Secretary

No.NC/ JCM/2020 (7th CPC Ano.)

Dated: June 26, 2020

The Secretary,
Department of Personnel & Training
New Delhi
Dear Sir,

Sub: Pay anomaly in the Supervisory Cadre of Accounts Department, Ministry of Railways and pay disparity with other Supervisory Cadres of the Central Government Services.

Your kind attention is invited towards our earlier letter dated 19th August, 2016, followed by reminders dated 24th May, 2017, January 14, 2019, 22nd August, 2019 and February 10, 2020, wherein it was requested that the benefit of Grade Pay Rs.5400 should be extended to the Supervisory Cadre in Accounts Department of the Ministry of Railways (who are the only left in this case) on completion of four years service in GP Rs.4800. It is worthwhile to mention here that the Supervisory Cadre of Accounts Department of the Railways is also entrusted with responsibilities of presenting Railway Accounts on widely accepted of accrual based Accounting in addition to presenting the Government Accounts as per requirements laid down in the Constitution of India. It would not be out of context to mention here that, Accounts Cadre is performing their duties under extreme pressure owing to huge number of vacancies and adopting modernization in technology.

Also read: Issues faced by the Central Government Employees, especially COVID-19 – Confederation

Here it is worth-mentioning that, this issue is also an item of the Standing Committee of the NC/ JCM, wherein it was told to us that, a committee has been formed and the matter would be resolved shortly. Regrettably, despite regularly pursuing the matter for the last around four years, nothing more has been heard in this regard from your good offices, while an Unrecognized Association has been replied by the DoP&T, vide letter No.19/2/2020- Estt.(Pay-I) dated 29th May, 2020, that this issue will be resolved within a few days. This practice is not fair as all such information should be routed through the NC/ JCM (Staff Side), that too to the Recognized Unions/ Associations.

As the matter has already been delayed badly, resulting in serious resentment amongst the affected staff, it would be in all appropriateness that the benefit of granting GP Rs.5400 should be extended to the Supervisory Cadre in Accounts Department of Ministry of Railways (who are the only left in this case) on completion of four years service in GP Rs.4800. This will help end pay disparity between the Organized Accounts Cadres of the Government of India. We do hope that, correspondence in future should be dealt with according to the established practice, i.e. through the Staff Side (JCM).

We earnestly hope an early action in the matter.

Yours faithfully,

(Shiva Gopal Mishra)
Secretary

Source: ncjcmstaffside.com

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Court Matter
By FAX/Speed post

F. No. A-2301 1/25/2015-Ad.HA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

New Delhi, 13th May, 2020.

To,

All Pr. Chief Commissioner/ Pr. Director General under CBIC
All Chief Commissioner/ Director General under CBIC
All Pr. Commissioner/ Commissioner under CBIC

Subject : Filing Transfer Petitions before the Hon’ble CAT, PB, New Delhi for transferring all cases to the Hon’ble CAT, PB, New Delhi pending before the different Tribunal filed by Superintendents/Assistant Commissioner for grant of 3rd MACP in the grade pay of Rs.6600/-(pre-revised) -reg.

Sir,

I am directed to say that the Board have been receiving a number of cases filed in the different Benches of the Hon’ble Tribunal on the issue of grant of 3 financial upgradation under MACP Scheme to Superintendents, who were granted Non-Functional Grade Pay in GP of Rs. 5400/- in PB-2.

2. Briefly, a number of Superintendents were wrongly granted 3rd financial upgradation under MACP Scheme in the grade pay of Rs. 6600/- by many Commissionerates without counting NFG granted to them as one financial upgradation under MACP Scheme despite CBIC/ DOPT’s earlier clarifications in the matter. This was an administrative error by field offices and the up-gradation wrongly granted needed to be withdrawn. Consequent upon the direction of the Hon’ble High Court of Madras vide Order dated 08.12.2014 in Writ Petition No. 19024 of 2014(Sh. R. Chandrasekaran Vs. UOI & Ors), the matter of counting of Non-Functional Grade Pay as one financial upgradation was again examined in the Board in consultation with DOPT and it was clarified vide Board’s letter F.No.A-2301 1/25/2015-Ad.IIA dated 20.06.2016 that Non-Functional Grade Pay of Rs. 5400/- granted to Superintendents needs to be counted as one financial upgradation for the purpose of MACP Scheme. After issuance of CBIC’s clarification dated F.No.A-23011/25/2015-Ad.IIA dated 20.06.2016, Commissionerates have been withdrawing grade pay of Rs. 6600/- erroneously granted to them. Aggrieved by this action, many Superintendents have filed cases in various Tribunals.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020 January 24, 2020

3. As the subject matter of litigation on each of above such cases are same and in order to have a uniform decision in the matter, the proposal for filing Transfer Petitions before the Hon’ble CAT, PB, New for transferring all such cases to the Hon’ble CAT, PB, New Delhi is under consideration of the Board. In order to file transfer Petitions, all field formations under CBIC are requested to furnish the latest status of such cases to the Board which pending throughout different Zones in following formats:

4. The above requisite information in the prescribed format as indicated above may be forwarded to the Board latest by 31 May, 2020 positively.

Also read: DA to be released immediately according to Delhi High Court judgment. Court case on DA, and the petitioner won

5. This issues with the approval of Chairman, CBIC.

Yours faithfully,

(Gaurav Shukla)
Under Secretary to the Government of India

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Personnel engaged as Consultant will be paid a monthly remuneration of Rs.28,000/- in case of officers retired in the Grade Pay of Rs. 4,800 (pre-revised) / Level 8 and Rs. 31,500/- in the case of officers retired in the Grade Pay of Rs. 5,400 (pre-revised)/ Level-10.

No. A-19020/01/2020-D(Estt.I/Gp.I)
Government of India
Ministry of Defence
D(Est.I/Gp.I)

Room No. 315, ‘B’Wing, Sena Bhawan
New Delhi, dated 17th February, 2020

CIRCULAR

It is proposed to engage retired personnel at the level of Section Officer and Private Secretary as Consultant in the Ministry of Defence (Sectt.) purely on temporary basis, as per Ministry’s guidelines dated 12.09.2012 and as amended from time to time. Officers retired from Ministry of Defence will be given preference.

Personnel engaged as Consultant will be paid a monthly remuneration of Rs.28,000/- in case of officers retired in the Grade Pay of Rs. 4,800 (pre-revised) / Level 8 and Rs. 31,500/- in the case of officers retired in the Grade Pay of Rs. 5,400 (pre-revised)/ Level-10.

Officers who have retired at the level of Section Officer and Private Secretary and who are less than the age of 64 years as on 31.03.2020 may furnish their application to D(Est.I/Gp.I) Section, Room No.315,’B’ Wing, Sena Bhawan, New Delhi on or before 09.03.2020. Application received after due date not be entertained.

(Ajay Kumar Gaur)
Deputy Secretary to the Govt of India

Encl:
i. Application Form
ii. Guidelines dated 12.09.2012
iii. Amendment to Guidelines dated 31.03.2014; 06.07.2015 and 27.08.2019

Download Order: MoD

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No. II/95/2018

The General Secretaries of
Affiliated Unions of NFIR

Dated: 09/12/2019

Brother,

Sub: Pending issues – reg.

During discussions with the Financial Commissioner (Railways) at Rail Bhavan, New Delhi, following pending issues were brought to her notice by NFIR for taking immediate action:-

Also check: Long pending demands of the Central Government employees

• Payment of Special Allowance to Stock Verifiers who were posted from the cadre of JAA on passing Appendix IV A (IREM Examination) – NFIR’s PNM Item No. 22/2012
• Grant of one time relaxation for promotion against DR quota Vacancies of Accounts clerks to the eligible erstwhile Group ‘D’ staff of Accounts Department – NFIR PNM Item No. 30/2012.
• Implementation of commitment given to the Federation on NFIR’s PNM Item No. 15/2013 during separate meeting held with the Member Staff and FC for granting stepping up of pay to the SSOs (Accounts) w.e.f. 01/01/2006 at par with their Junior (non-qualified)
• Implementation of 7th CPC recommendations for grant of GP 5400 to SSOs w.e.f. 01/01/2016. Correspondence between Railway Ministry and DoP&T/ MoF and back references continued – Accounts staff disappointed over abnormal delay.

After discussion on the above, FC has assured to take action on each item for quick finalization. She also assured to discuss with MoF /DoP&T on items (iii) and (iv).

The Federation also met Member Staff today at 9th December, 2019 and explained the necessity to take personal initiative for securing clearance for upgradation of 75% posts of Supervisors to GP 4800/Pay Level-8. Member Staff has assured to personally pursue even by reaching North Block (DoP&T/MoF).

Yours fraternally,
(Dr. M.Raghavaiah)
General Secretary

Source: NFIR

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Ignore the promotion earned in the post carrying same Grade Pay (Assistant to Office Supdt) for the purpose of MACP: CAT Chandigarh Order dated 14.11.2019 in OA No. 063/00687/2018 and MA No. 063/00460/2019 Shalini Nagi & others v/s Union of India

CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH

OA. 063/00687/2018
MA No. 063/00460/2019

Reserved on : 24.09.2019
Pronounced on: 14.11.2019

HON’BLE MR. SANJEEV KAUSHIK, MEMBER(J)
HON’BLE MR. A.K. BISHNOI , MEMBER(A)

1. Shalini Naagi wife of Sh. Suraj Prakash, aged 49 years r/o H. No. 261, Gurdev Nagar, Zirkpur, Distt. Mohali (Pb) Office Superintendent, (Group ‘B’ Non Gazetted), Office of Additional Surveyor General, Northern Zone, Survey of India, Chandigarh.
2. Satbir Singh son of Sh. Surjan Singh, aged 59 years, r/o H. No. 565, Sector 32-A, Chandigarh, Office Superintendent, (Group „B‟ Non-Gazetted) Office of Director HP GDC, Survey of India, Chandigarh.
3. Habib Ahmad Siddiqui son of Late Sh. N.M. Siddiqui, aged 59 years r/o H. No. 603/B, Sector 32- A, Chandigarh, Office Superintendent, (Group „B‟ Non Gazetted) Office of Director Punjab, Haryana and Chandigarh GDC, Survey of India, Chandigarh.

…APPLICANTS

(Through Shri R.C. Sharma, Advocate)

VERSUS

1. Union of India, through Secretary to Government of India,Ministry of Science and Technology, New Mehrauli Road, Block C, Admin, New Delhi-110 016.
2. The Surveyor General of India, Hathibarkala Estate, Dehradun, Uttrakhand.
3. The Additional Surveyor General, Northern Zone, Survey of India, Sector 32-A, Chandigarh.
4. Director, Punjab, Haryana and Chandigarh GDC, Survey of India, Sector 32-A, Chandigarh.
5. Director, Himachal Pradesh GDC, Survey of India, Sector 32-A, Chandigarh.

…….RESPONDENTS

(Through Shri K.K. Thakur, Advocate)

ORDER

MR. A.K. BISHNOI, MEMBER (A):

The applicants have filed the present Original Application seeking the following reliefs:

“It is respectfully prayed that in view of the submissions made above this Hon’ble Tribunal may be pleased to set aside the impugned letters/ orders impugned communications/letters dated 22.05.2017 of the Respondent No.1 (Annexure A-6) and impugned letters dated 09.06.2017 and 01.12.2017 of the respondent number 2 (Annexure A-7 and A-8) effecting reversal and cancellation of the benefit of MACP granted to the applicants.”

2. Briefly, the facts of the case are as follows:

2.1 On implementation of Sixth Central Pay Commission (CPC) with effect from 01.01.2006, both the posts of Assistant and Office Superintendent (OS) were merged and assigned the same pay band and grade pay i.e. Pay Band of Rs. 9300-34800 (PB 2) with Grade Pay of Rs. 4200/-. On 15.06.2009, MACP Scheme was notified requiring financial upgradation on completion of 10, 20 and 30 years of service or 10 years of service in same grade pay.

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME

2.2 The applicants were granted third MACP with effect from 30.07.2014, 27.09.2013 and 16.12.2012 vide letters dated 28.07.2014, 03.03.2014 and 03.01.2013 respectively on completion of 30 years of service and on remaining in the same grade pay for ten years. Some persons junior to the applicants who had not been promoted, were granted the benefit of third MACP with Grade Pay of Rs.4600/-. The applicants continued to receive pay and allowances on the basis of pay fixed after grant of MACP. However, through communication dated 22.05.2017, it was informed by respondent no.1 to respondent no.2 that MACP was not admissible to the applicants as the promotion from the post of Assistant to OS cannot be ignored for this purpose.

2.3 Subsequently, vide orders dated 09.06.2017 and 01.12.2017 (Annexures A-7 and A-8), the grant of MACP to the applicants was reversed. The applicants thereafter submitted representations to reconsider the decision of reducing the grade pay (Annexures A-9, A-10 and A-11) but no relief was granted by the respondents. Applicants have relied on the judgment rendered by the Hon‟ble Delhi High Court in Government of NCT of Delhi & Anr. Vs. S.K. Saraswat & Ors. decided on 09.05.2016 to fortify their stand.

3. The respondents in their counter reply have submitted that the applicants were promoted to the post of Office Superintendent from the post of Assistants on the dates as given above and were performing higher duties, but, in view of the merger of pay scales of Assistant and Office Superintendent as per Sixth CPC, the applicants were not granted any financial benefit on promotion from Assistant to the post of Superintendent at that stage. But, later on, as per the clarification dated 07.01.2013 received from Ministry of Finance, the applicants were granted the benefit of pay fixation by giving 3% increment and on completion of 30 years of regular service, they were granted third MACP with Grade Pay of Rs. 4600/- in PB-3 of Rs. 9300-34800. However, later on in view of some query raised, vide letter dated 22.05.2017, it was informed as follows:-

• Assistants who have already received MACP in the Grade Pay of Rs. 4600/- are not eligible for any financial benefit on regular promotion to the post of Office Superintendent.
• No MACP is eligible to Office Superintendent by ignoring his promotion from the post of Assistant to Office Superintendent.

3.1. In view of the above instructions, the third MACP benefits granted to the applicants were cancelled and the fixation of pay in respect of the concerned officers was carried out as per SGO‟s letter dated 09.06.2017 (Annexure A-7).

3.2. Respondents have further submitted that they always have a right to rectify the mistake and in this regard, they have cited the judgments in Jagdish Prajapati Vs. the State of Rajasthan and Ors., 1998 (2) ATJ, P-286, Anand Prakash Vs. State of Punjab, 2005 (4) RSJ 749 and Raj Kumar Batra Vs. State of Haryana, 1992 (1) SCT 129.

4. Shri R.C. Sharma, learned counsel appearing on behalf of the applicants vehemently contended that the action of the respondents in withdrawing the MACP benefits was contrary to the spirit of the Scheme and in this regard specifically referred to para 5 of the MACP Scheme according to which where two posts have been merged and after merger carry the same grade pay, then the effect of promotion from one of these posts to the other shall be ignored for the purpose of granting upgradation under the MACP.

5. Shri K.K. Thakur, learned counsel for the respondents, on the other hand, argued that in terms of para 8 of the MACP Scheme, promotions earned in the post carrying same grade pay in the promotional hierarchy, shall be counted for the purpose of MACP.

6. We have carefully gone through the pleadings on record and also the arguments advanced by the learned counsel for both sides. We have also considered the judgments cited by the two sides.

7. For clarity of understanding some parts of the MACP Scheme are extracted below:

“2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organization will be given only at the time of regular promotion.

xxxx xxxx xxxx

5. Promotions earned / upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales / upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPs.

Illustration – 1

The pre-revised hierarchy (in ascending order) in a particular organization was as under:-

Rs. 5000-8000, Rs. 5500-9000 & Rs. 6500-10500.

(a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000- 8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006, in his case as on 1.1.2006 he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i.e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.

(b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000- 8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.

In the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006 will be ignored on account of merger of the pre-revised scales of Rs. 50008000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth CPC. As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB-2.”

8. Para 8 of the Scheme is reproduced as follows:

“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.

8.1 Consequent upon the implementation of Sixth CPC’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 upgradations under MACP Scheme.”

9. This issue relating to the effect of merger of pay scales has been examined in extensive and minute detail by the Hon’ble High Court of Delhi in S.K. Saraswat (supra), the relevant portions of the judgment are extracted below:

“4. In order to appreciate and understand the controversy, we would like to refer to the basic facts. The respondents, 55 in number are direct appointees to the post of Principal. Their pay- scale as in the case of Education Officer and Assistant Director of Education prior to the implementation of the Sixth Pay Commission was Rs.10,000 – 15,200. The pre-revised pay scale in the promotional post of Deputy Director of Education was Rs.12,000 – 16,500. On the recommendation of the Sixth Pay Commission, the pay scales of Principal, Education Officer and Assistant Director of Education were enhanced and merged with the pay scale of Deputy Director of Education, i.e. Rs.12,000 – 16,500. Accordingly, employees holding the post of Principal, Education Officer, Assistant Director of Education or Deputy Director of Education became entitled to an equal/identical pay-scale of Rs.12,000 – 16,500, and revised pay scale of Grade Pay of Rs.7600 in Pay Band -3 [Rs.15,600 – 39100]. It is in this factual matrix that the issue arises whether the Tribunal was justified in accepting the plea and contention of the respondents that they would be entitled to first financial upgradation in the Grade Pay of Rs.8700, second financial upgradation in the Grade Pay of Rs.8900 and third financial upgradation in the Grade Pay of Rs.10000.

5. As noted above, the petitioners herein had earlier issued letter dated 22nd October, 2009 accepting the said position, but have later on changed their stand and stance and have positioned that the respondents would be entitled to financial upgradation only in the Grade Pay of Rs.7600 in Pay Band-3. In other words, there would not be any increase in grade pay of Rs 7600, but respondents would be entitled to benefit in the form of increments under Fundamental Rule 22(1)(a)(i).

xxxx xxxx xxxx xxxx

7. xxxx xxxx xxxx xxxx

1. xxxx xxxx xxxx xxxx

The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.

xxxx xxxx xxxx xxxx

12. Paragraph 5 of the MACP Scheme refers to both- upgradations granted under the erstwhile ACP Scheme and promotions earned in the past to grades which have merged as a result of merger of pay-scales or upgradation of posts. These have to be ignored, and the reason is illuminate. Merger of pay scales nullifies and negates the very objective and purpose of the Scheme. Thus, promotions earned or upgradations granted under the ACP Scheme when they have merged, either as a result of merger of posts or pay scales, have to be ignored for the purpose of granting upgradations under the MACP Scheme. Mandate of Rule 4 is clarified by way of an illustration, which is instructive. A government servant, recruited in the hierarchy in the pre-revised pay-scale of Rs.5000-8000 and granted financial upgradations in the pre-revised pay-scale of Rs.5500-9000 and Rs.6500-10500, on merger of the aforesaid three pay-scales would be entitled to financial upgradations in the Grade Pay of Rs.4600 and Rs.4800 in Pay Band-2. Such government servant would not be paid the Grade Pay of Rs.4200 in Pay Band-2, which is the grade pay corresponding to pre-revised pay-scales. The reason is that pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500, have been merged into one pay-scale.

xxxx xxxx xxxx xxxx

17. Paragraph 8 also deals with computation for the purpose of MACP Scheme. In the beginning itself, we would say and accept that paragraph 8 is ambiguous and confusing. It is not happily worded. One way of reading the said paragraph, which consists of one sentence, is in the manner suggested by the petitioners i.e. promotions in the hierarchy which have the same grade pay shall be counted for the purpose of MACP Scheme. In other words, if the promotional post carries the same grade pay, the promotion will still be counted or treated as financial upgradation for the purpose of the MACP Scheme. However, this interpretation would be counter to and is in conflict with the precept and foundation of the MACP Scheme, which, as noticed above, refers to the immediate next higher grade pay in the hierarchy given in Section 1, Part-A of the first schedule of the Rules. The difficulty in accepting this interpretation is that it will over-turn the basis and edifice of the said Scheme and would be contrary to paragraphs 1, 2, 4, 5 and 6.2. We have already noticed these paragraphs, including paragraph 2 and interpreted the same. Paragraph 2 states that financial upgradation under the MACP Scheme cannot be understood and applied with reference to promotional pay-scales, for the same can be different. This is clear from the second sentence of paragraph 2. The third and the last sentence of paragraph 2 by way of an illustration accepts that the higher grade pay attached to the next promotional post in the hierarchy will be given at the time of regular promotion. We would observe that use of word “higher” in the last sentence is for the purpose of demonstration to rule out confusion and ambiguity. It is possible that the next higher promotional post may well have pay-scale of the lower post. It is in this context that the recommendations of the Sixth Pay Commission in paragraph 6.1.15 are relevant. If the legislature i.e. the Government, which had issued the Scheme, wanted to restrict financial upgradation and not collate it to the next higher grade pay in the hierarchy, it would have stipulated as such in Section 1, Part-A of the Rules. The said stipulation, would have been properly clarified and so stated in paragraph 2 itself. The second sentence of paragraph 2 expressly and clearly states that the grade pay at the time of financial upgradation under the MACP Scheme can in some cases be different from the pay-scale/grade pay applicable on regular promotion. The second sentence does not refer only to the situation where the grade pay is higher in the promotional post. The third sentence in paragraph 2 is also by way of an illustration. Consequence of the interpretation, as suggested by the petitioners would be an absurdity, contradiction and cause hardship. We would hesitate to observe that this was the legislative intent. Such interpretation would frustrate the core foundation of the Scheme.

xxxx xxxx xxxx xxxx

28. In view of the aforesaid discussion, we do not find any merit in the present writ petition and the same is dismissed. In the facts of the present case, there will be no order as to costs.”

10. It can clearly be seen that the present case is squarely covered by the judgement of the Hon‟ble High Court of Delhi in S.K. Saraswat (supra).

11. From a reading of Para 5 of the MACP Scheme, it is abundantly clear that the case of the applicants is fully governed by the said provision. Further, from the illustration given with Para 5 of the MACP Scheme, there is no doubt left whatsoever. Para 8 of the Scheme is of a general nature, in a different context and cannot be said to have overriding effect on Para 5 of the Scheme, which is very specific.

12. As for the case law cited by the respondents, in the facts and circumstances of the case they lend no support to the arguments advanced by the respondents.

13. In view of the above, the OA is allowed and the impugned orders are set aside. The applicants shall be granted all consequential benefits within a period of sixty days of the receipt of a certified copy of this order. No order as to costs.

(A.K. Bishnoi), Member (A)
(Sanjeev Kaushik), Member (J)

Source: CAT Chandigarh

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Reckoning Grade Pay Rs.4200/- Level 6 of 7th CPC Pay Matrix as entry Grade Pay for granting financial upgradation under MACPS to the Station Master category in Railways.

No. IV//MACPS/ 09/2019

Dated: 09/09/2019

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Reckoning Grade Pay Rs.4200/- Level 6 of 7th CPC Pay Matrix as entry Grade Pay for granting financial upgradation under MACPS to the Station Master category in Railways – reg.

Federation feels disappointed that despite the above subject was listed in the PNM Agenda two years ago, there has been no decision from Railway Board till date.

Vide NFIR’s letter of even no. dated 09/04/2019, merits of the case have been adequately explained besides extract of Item No. 31 of Railway Board’s letter PC-V/99 /1/1/1 dated 19/02/2002 has also been furnished. In terms of item No. 31 of Board’s letter dated 19/02/2002, the Station Masters are entitled for 3rd financial upgradation under MACPS in GP 5400/ Level-9 (7th CPC). In this connection, Railway Board’s letter No. PC- V/2019/ CC/ 7/WCR dated 05/04/2019 addressed to General Manager (P), W.C. Railway, Jabalpur allowing 3rd financial upgradation in terms of Board’s letter dated 19th February,2002 (para 1.4) may be connected. It is however unfortunate that although the case of Station Master category gets covered by Railway Board’s letter dated 19th February, 2002 for the purpose of entitlement of 3rd financial upgradation (GP 5400/Level-9) under MACPS, the Railway Board have not responded to Federation’s PNM Item No. 15/2017 even after lapse of two years.

Attention is also invited to 7th CPC recommendation contained in para 11.40.55 of the report, relevant extract of which is placed below :-

“Keeping in mind the identical educational qualifications required for the posts of ASM and SM, with practically no difference in the functions performed by .them, and the historical importance of the post, it is recommended that the ASMs in GP 2800 should first be upgraded to GP 4200 and then fitted in the revised Pay Matrix. The cadre will then have 60 percent posts in Level 60 and 40 percent in Level 7. The designation of ASM may be abolished”.

Federation once again urges upon the Railway Board to expedite action and decision, granting 3rd financial upgradation under MACPS to Station Master category in GP 5400/- Level-9.

Yours faithfully,
(Dr. M. Raghavaiah).
General Secretary

Source: NFIR

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