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Thursday, December 2, 2010

5400 GRADE PAY TO ACP INSPECTORS AND ITS EFFECT ON FUTURE GRADE PAYS

       Some of the Members have expressed doubts about granting of 5400 Grade Pay to ACP Inspectors and its effect on 3rd Financial Upgradation in view of the Govt. clarifying the NFG 5400 will be set off  against one of the MACP. Under the circumstances the following points highlighted, for discussion of the cadre:

1.  As per para 2 of MACP Scheme, 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 Section 1 , Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus the scheme recommends immediate next higher grade pay and delinked the grade pay of promotional post. It means there is no connection between MACP and next promotional grade therefore, what ever the immediate next higher grade pay available has to be given on MACP irrespective of whether it is immediate promotional grade or otherwise. Analyzing these aspects, it can be construed as follows:

i)            On appointment: 6500 or 4200 in PB-2
ii)          On ACP after 12/10 years 7500 or 4800 PB-2
iii)        After 4 years in 4800( ie 12/10+4=16/14 years) 5400 PB-2(we have to fight for the grade pay of 5400 in PB-3 as given to Section officers)
iv)         On completion of 20 years 6600 PB-3(ie immediate next higher grade pay available in case  NFG of 5400 is not counted as MACP)
v)           On completion of 30 years 7700 in PB-3(ie. immediate next higher grade pay available).

The above analogy is made in view of the clarification dated 29.9.2010 given by the CBEC in consultation with DOPT where it was categorically stated that the NFG of 5400 in PB-2 granted after 4 years, as well as the grade pay of 5400 in PB-3 are to be treated as separate grade pays for the purpose of MACPS.(para 8.1 of MACPS). Clarifications being made by some of the offices that MACP is required to be given from PB-2 5400 to 5400 in PB-3 is not correct, as it can be treated as only separate grade pay but not as immediate next higher grade pay.

The intention of creating 5400 in PB-2 by Pay Commission is only to upgrade the Group ‘B’ officers in 4800 after 4 years, and not as regular grade pay. It is only the Govt. which has changed it to PB-3 for some of the interested cadres.

Even as clarified by DOPT that the grade pay of 5400 given after 4 years is to be set off against one of the MACP, there is no loss to the cadre as you are going to get the grade pay after 16/14 years instead of 20 years with all the consequential benefits. Thereafter the next NFG(6600) has to be after 26/24 as stipulated in MACPS if not after 30 years as usual.

Therefore, there is only gain but not any loss under any circumstances to the cadre if NFG is granted to ACP Inspectors.  

6 comments:

RAJAN said...

Dear Raju,
This clearly explains the Facts from the Fiction being propagated and followed by CBEC and Others.

Anonymous said...

where it is said in the pay commission report that so and so is the next hierarchical grade pay when there are so many grade pays in between what is presumed and what is actual

sello said...

ASIT KAUSHIK's HARD TALK:

As I've already said in a couple of earlire blogs that people joining the MIDDLE cadre (ie as direct inspectors/preventive officers) in the CEX dept are the worst lot in terms of promotional prospects. The UPPER cadre has its fair share of time bound scales and the LOWER cadre is given quick promotions.

Hence its high time the 'middle' cadre gets a fair deal.

Lets face it the (PB-2 5400 after 4 years) does not benefit the direct inspectors at all, but is only an added bonus for the promotee inspectors who would have otherwise never ever made it 5400.
So i see no harm if the ACP inspectors get this benefit as has been rightly decided by the Hon'ble High Court.

I do hope the CBEC is listening.

Anonymous said...

Dear Raju,
I am a regular follower of your blog. I want certain clarification of MACP.
I have joined in this Department during 1981 as LDC. I got UDC promotion. From UDC, i had been elevated to Spl.Pay UDC and then Tax Assistant which were intermediatory posts.Then I have been promoted to the Cadre of Inspector during 2000.
As per the clarifiction by Bhuvaneswar Commissioner, the elevation to grade of TA is not be considered as Promotion. As on date, I have completed 30 years of service in the Department and the Department is not considering my name for 3rd MACP. Kindly clarify whether the Department's stand is correct. On receipt of your clarfication, now i propose to approach to approprite foram.
Thank you....

TAXMAN'S TRAVELLING OF INDIA said...

Dear Anonymous,

In this case, a letter was sent by Association to CBEC during February 2010. It is not known any action was taken by CBEC in this regard. Meanwhile, during the MACP meeting held on 15.09.2010, similar issue in the case of Artisan Grade I, Grade II and Grade III in Defense Ministry, was raised stating that CAT and High Court held in number of cases that upgradation within a cadre strength is not promotion. Now DOPT decided that the upgradation in the above cases are considered as promotion and MACP will be applicable. But in the case of Tax Assistant (Pre-structured), it is different from the above case as the recruitement rules for TA came in 2003 only. We have to wait for further order from CBEC in this regard. Can Association will follow up and intimate present position?

BASU said...

the board is lingering the issue. earlier we have seen that in spite of the favourable orders of CAT in case of 1.1.96 the board has just slept over the matter. in this case also it seems that board is taking the same way out. why Sri Subramunium is not filing the case of contempt of court as the appeal period of 90 days is well expired. if the contempt of court case is filed then the board would have limited scope of filing appeal under condonation of delay. our association people should think over it seriously as well the incumbent. he has done a praiseworthy fight and just few steps behind achiving the goal.