MoD - Engagement of Consultant at the level of Section officer and Private Secretary in Ministry of Defence

MoD: Engagement of Consultant at the level of Section officer and Private Secretary in Ministry of Defence

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

NFIR Pending issues

NFIR Pending issues

 

NFIR

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

MACP CAT Chandigarh: Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

MACP CAT Chandigarh

Ignore the promotion received for MACP purposes by the post bearing the same Grade Pay

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.”

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

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.

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


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

18. 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

7th CPC Pay Matrix - Station Master category in Railways as entry Grade Pay under MACPS

NFIR

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

Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) to ASPs on a non-functional basis upon completion of four years of service in GP Rs. 4800 (Level 8 in Pay Matrix)

Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis. 

No. 4-1/2019-PCC
Government of India
Ministry of Communications
Department of Posts

Dak Bhawan, Sansad Marg
New Delhi - 110001
Date : 22.04.2019

To
Shri Arup Kumar Seal,
General Secretary,
All India Association of Inspectors and Asstt. Supdt. Posts,
Qtr. No. 12, P&T Colony, Khurshid Square,
Civil Lines, Delhi -110054.

Sub : Granting of GP Rs. 5400 in PB -2 (Level 9 in Pay Matrix) on completion of four years of service in the GP Rs. 4800 (Level 8 in Pay Matrix) to ASPs on non functional basis.
 
Sir,
I am directed to refer to your letter No.SG/AIAIASP/03/2018 on the above mentioned subject and to inform that the issue of granting NFSG in pre­ revised GP Rs. 5400/- in PB-2 corresponding to Level 9 to Asstt. Superintendent Posts on completion of four years of service in the pre-revised GP Rs. 4800/- (Level 8 in Pay Matrix) has been examined with following observations:-

i. The NFSG Scale is given to AAOs in P&T Accounts vide MoF OM No. 25-2/2017- IC/E.III (A) dated 18.06.2018 as per recommendations of 7th CPC in Para 11.12.140 of the report whereas there is no such recommendation for ASP cadre. Moreover, AAOs in P&T Accounts are having all India Transfer Liability and on contrast, the ASP is a Circle level cadre. Further, ASPs are enjoying Rule 38 transfer from one Circle to other whereas there is no such provision for AAOs. As such, the plea for granting NSFG to ASP cadre in line of AAO cadre as mentioned in the representation is not tenable.

ii. There is different time span in promoting IPs to ASPs in Circles as ASP is a Circle level cadre. In some Circles IPs get promotion in ASPs cadre immediately after completion of minimum qualifying years of service in IP cadre viz 3 years (now 5 years) whereas in some Circles IPs are waiting their hierarchical promotion in ASP cadre even after regular service of 10-13 years in the cadre. The NSFG Scale would not only make a huge disparity in pay among ASPs who are originally entered in IP cadre on the basis of same examination and are borne on the same IP gradation list.

Therefore, the proposal to grant NSFG to Asstt. Superintendent Posts on completion of four years of service cannot be recommended.

Yours sincerely,
sd/-
(SB Vyavahare)
Asstt.Director General (GDS/PCC)

Source: NFPE

Minimum educational qualification for recruitment to the post of Pharmacist Gr. III in the Medical Department on the Railways

Minimum educational qualification for recruitment to the post of Pharmacist Gr. III in the Medical Department on the Railways

NFIR

National Federation of Indian Railwaymen

No.II/1/2019

Dated: 22/04/2019

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Minimum educational qualification for recruitment to the post of Pharmacist Gr. III in the Medical Department on the Railways.

Ref: (i) NFIR's PNM Item No. 52/2018.
(ii) Railway Board's letter No. E(NG)II/2001/RR-1/45 dated 22/05/2015 (RBE No. 49/2015) and 05/04/2018 (RBE No. 54/2018).
(iii) NFIR's letter No. II/1/2018 dated 08/05/2018.
(iv) Railway Board's letter No. E(NG)II/2001/RR-1/45 dated 21/01/2019 addressed to GS/NIFIR.

Federation does not accept the reply of Railway,Board vide letter dated 21/01/2019 on minimum educational qualification for Open Market Recruitment to the post of Pharmacist Grade-III in the Medical Department on Railways as the reply being misleading, illogical and not in conformity with the instructions issued by the nodal ministry viz., Ministry of Health and Family Welfare through the Gazette of India dated 14th March, 2015, wherein notification issued by the CGHS Division dated 11th March, 2015 under G.S.R. 51 has been circulated to all the Ministries/Department to adopt and implement the same.

Federation re-iterates that through Gazette Notification dated 11th March, 2015, recruitment Rules (with the approval of the President) to the post of Pharmacist Grade-III from Open Market were published which superseded all previous instructions. The revised recruitment rules are as follows:-

(a) 12th Class Pass with Science subjects (Physicso Chemistry and Biology), or equivalent from a recognized Board or University.

• Diploma in Pharmacy from recognized institution and registered as Pharmacist under the Pharmacy Act, 1948; and
• Two years' experience as Pharmacist in any recognized Hospital or Pharmacy after duly registered as Pharmacist under the Pharmacy Act, 1948; and

OR

(b) Bachelor Degree in Pharmacy (B. Pharm.) from a recognized University or equivalentq and

• Registered as a Pharmacist under the Pharmacy Act, 1948.

Though the Federation communicated with regard to revision in the academic/technical qualification and experience for recruitment to the post of Pharmacist vide Federation's letter dated 28/05/2015, Railway Board failed to take corrective action.

Despite NFIR's letter dated 08/05/2018 and PNM Agenda Item No. 52/2018 (sent to Railway Board on 26/06/2018), Railway Board again failed to modify its instructions dated 05/04/2018 (RBE No. 54/2018) and not incorporated the following provision.

Two years experience as Pharmacist in any recognized Hospital or Pharmacy after duly registered as Pharmacist under the Pharmacy Act, 1948.
(portion of part (a) above)

2. Further, the views expressed by the Railway Board that the pay structure of GP 2800/Level-5 is appropriate to the Pharmacist category Grade-III at entry level in Railways is unjustified in view of the fact that the DoP&T vide O.M. No. AB-14017/27/2014-Estt. (PR). dated 20th January, 2015 issued detailed guidelines for prescribing educational qualification and requisite experience in respect of various posts for appointment by direct recruitment etc. On going through these guidelines, it is noted that the two years period of experience when attached to a post having Bachelor's Degree/Diploma qualification in the professional area, the incumbents are to be placed in GP 4200 + PB-2 and not in GP 2800/- in PB-1.

NFIR again requests the Railway Board to kindly review its decision and issue modified instructions duly improving the minimum educational qualification for Open Market Recruitment to the posts of Pharmacists Grade-II in the Medical Department on Railways and also consider grant of entry GP 4200 to the Pharmacists Grade III.

DA/As above

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

Source: NFIR

DoPT: Restriction of officiating pay under FR 35 in the context of CCS (Revised Pay) Rules, 2016

DoPT: Restriction of officiating pay under FR 35 in the context of CCS(Revised Pay) Rules, 2016.

No. 1/4/2017-Estt.(Pay-I)
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

North Block, New Delhi
Dated the 28th February, 2019

OFFICE MEMORANDUM

Subject: Restriction of officiating pay under FR 35 in the context of CCS (Revised Pay) Rules, 2016-regarding

The undersigned is directed to state that in terms of the provisions contained in Fundamental Rule 35 (FR 35), the Central Government may fix the pay of an officiating Government servant at an amount less than admissible under the Fundamental Rules. Accordingly, orders have been issued from time to time indicating the circumstances and the extent to which provisions of FR 35 would apply. In this row, this Department vide OM No. 1/4/2009-Estt(Pay-I) dated 08.03.2010 laid down the ceilings for restriction of basic pay under FR 35 in running pay bands and grade pay system in the 6th CPC scenario.

The question of revising these ceilings after implementation of CCS (RP) Rules, 2016 has been considered by the Government and the President is pleased to decide that the pay under FR 35 shall be restricted in a manner so that the increase in the basic pay of the post held by the Government Servant prior to the officiating appointment shall not exceed 12.5% subject to a maximum of Rs. 6700 per month. Any increase in excess of 12.5% of the basic pay with a further ceiling of Rs. 6700 per month shall be treated as substantial increase for the purposes of FR 35.

In case of appointment on promotion in the normal line within the cadre but which are not on regular basis, initially the pay may also be fixed under relevant rules. After such fixation of pay, if it is found that there is no substantial increase in the pay so fixed as defined in para 2 above, the restriction under FR 35 will not be applied as shown in Illustration 1.

However, after such fixation of pay, if it is found that there is substantial increase in the pay so fixed, the restriction as mentioned in para 2 above will be applied. In that case, after restriction of basic pay if there is no such Cell equal to the amount so arrived after restriction is available in the Level of Pay Matrix of the officiating post, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached, as shown in Illustration 2. The Government servant will earn his annual increment on the basic pay so fixed after imposition of restrictions under FR 35.

However, in the cases where the pay of the officer after imposition of the restrictions in the manner indicated above is fixed at less than the value of the first Cell of the Level of the officiating post, in that case, his pay will be fixed in the Level of post held by him before such officiating appointment. If no such Cell equal to the amount so arrived after restriction is available in the Level of post held by him before such officiating appointment, the officer shall be placed at the next higher Cell in that Level even if the limit for restriction mentioned in para 2 above is breached and he will draw his annual increment(s) in that Level of the lower post till he reaches the minimum of the Level of the officiating post. After one year of reaching/surpassing the minimum of the Level of the officiating post, the officer will become entitled to increment in the Level of the officiating post and his pay will be fixed in Cell 2 of the Level of the pay matrix of the officiating post as shown in Illustration 3.
In cases of appointments on promotion in the normal line within the cadre but which are not on regular basis, the pay shall be restricted under FR 35 in the manner given above. However, restriction of officiating pay under FR 35 will not be invoked in respect of regular cadre promotion where the employee who becomes due for promotion falls within the zone of consideration and fulfils all the conditions of eligibility prescribed in the Recruitment Rules for promotion.

The new rates will be applicable with effect from the date an employee draws pay in the revised scale of pay applicable in accordance with Central Civil Services (Revised Pay) Rules, 2016.

In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the office of the Comptroller and Auditor General of India.

Hindi version will follow.

(Rajeev Bahree)
Under Secretary (Pay)
Tele: 23040489

To
All Ministries/ Departments of Government of India.

Annexure to No. 1 /4/2017-Estt.(Pay-I) dated the 28th February, 2019

Illustration 1

An officer was drawing pay of Rs.78500 in Cell 6 of Level 11 before his appointment to officiate in Level 12 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment.

On the date of his officiating appointment, he may be granted one increment (Cell 7 in Level 1 1-Rs.80900) and thereafter, he is to be placed at a cell equal to the figure so arrived (Rs.80900) in the Level 12. Since no such cell equal to Rs. 80900 is available in Level 12, he shall be placed at the next higher cell in that Level [Cell 2 of Level 12- Rs.81200/-]. After such fixation since there is only an increase of amount of Rs.2700 ( Rs. 81200-78500) which is less than 12.5% of the basic pay Rs.78500) of the post held earlier by the officer before such officiating appointment and further limit of Rs.6700/-, there is no substantial increase in the pay so fixed. The restrictions under FR 35 will, therefore, not apply in this case and his pay will be fixed at Rs.81200/- (Cell 2 in Level 12).

Illustration 2

An officer was drawing pay of Rs. 175500 in Cell 13 of Level 13 before his appointment to officiate in Level 14 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment. In this case, his pay is to be fixed in the following manner under FR 35:-

On the date of his officiating appointment, he may be granted one increment (Cell 14 of Level 13- Rs. 180800) in the Level (Level 13) of the post held by him before officiating appointment. Since no cell equal to 180800 is available in Level 14 he shall be placed at the next higher cell in that Level (Rs. 182700- Cell 9 of Level 14). By such fixation of pay, the increase in pay comes to Rs. 7200 (Rs. 182700-175500). Amount of /Increase of Rs.7200 is more than increase of Rs.6700/- permissible under FR 35 and as such this increase shall be treated as substantial increase for the purpose of restriction under FR 35. Thus, his pay is to be fixed at Rs. 182200(175500+6700). However, as no such cell equivalent to the value of Rs. 182200 is available in Level 14, his pay is to be fixed at next Cell in Level 14, i.e. Rs. 182700 (Cell 9 in Level 14) breaching the limit of Rs.6700.

Illustration 3

An officer was drawing pay of Rs.36500 in Cell 2 of Level 6 before his appointment to officiate in Level 7 carrying duties and responsibilities of greater importance than those attaching to the post held by him before such appointment. In this case, his basic pay is to be fixed in the following manner under FR 35:- On the date of his officiating appointment, he may be granted one increment (Cell 3 of Level 6 Rs.37600) in the Level (Level 6) of the post held by him before officiating appointment. However, no cell equal to amount of Rs. 37600 is available in Level 7 as minimum Cell value in Level 7 is Rs.44900 (Cell 1 of Level 7). If his pay is fixed at Rs.44900 (Cell 1 of Level 7) the increase in pay comes to Rs. 8400 (Rs.44900-36500) which is more than increase of Rs.4562.5/- (12.5% of 36500) limit prescribed under this OM. As such this increase shall be treated as substantial increase for the purpose of restriction under FR 35. His basic pay is thus to be fixed at Rs.4 1062.5 (36500+4562.5) in the Level of the post held by him before such officiating appointment i.e. Level 6. Since no such Cell equal to the amount of Rs.41062.5 is available in Level 6, his pay is to be fixed at next Cell in that Level, i.e. Rs.4 1100 (Cell 6 in Level 6) breaching the limit of 12.5%.

Source: DoPT

Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay

Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay: Clarification by DoE to CBIC dated 16.01.2019

F.No.A-26017/05/2015-Ad IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

North Block, New Delhi
Dated the 16th January, 2019

To
All Pr. Chief Commissioners/ Chief Commissioners of GST & Central
Excise/Customs/ Directors General under CBIC.

Subject: Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay - reg.

Madam/Sir,

I am directed to say that the matter related to a clarification on pay fixation under FR 22(1)(a)(I) on re-designation/promotion to a post carrying higher duties and responsibilities but carrying the same pay scale has been examined in the Board in consultation with Department of Expenditure. Department of Expenditure has advised that -

"in case the issue is for pay fixation on movement from the post of Office Superintendent (OS) to Administrative Officer (AO) taking place on dates prior to merger of the posts of OS with AO on 01.01.2006, the pay fixation may be considered in the light of Department of Expenditure OM No.169/2/2000-IC dated 24.11.2000".

2. It is advised to take necessary action in the matter in terms of provisions contained in Department of Expenditure OM No.169/2/2000-IC dated 24.11.2000. A copy of Department of Expenditure O.M. dated 24.11.2000 is enclosed.
Encl: As above.

Yours faithfully,
(A.K. Qasim)
Director

Source: www.cbic.gov.in

Reduction in the residency period for promotion from Grade Pay Rs.1800/- (level-1) to Grade Pay Rs.1900/- (Level-2)

Reduction in the residency period for promotion from Grade Pay Rs.1800/- (level-1) to Grade Pay Rs.1900/- (Level-2)

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

New Delhi, dated January 8, 2019

The General Manager,
All Indian Railways/PUs,

Sub:- Reduction in the residency period for promotion from Grade Pay Rs.1800/- (level-1) to Grade Pay Rs.1900/- (Level-2)

In terms of Para 189 (ii) of IREM Vol. I, employees in Level-1, to be eligible for promotion to Level-2, should have put a minimum of 3 years of continuous service except in the case of promotion of Scheduled Caste and Schedule Tribe.

The matter regarding reduction in the residency period for promotion from Level-1 to Level-2 in respect of all departments, has been under consideration of the Board, consequent to a demand to this effect having been raised by both the Federations i.e. AIRF and NFIR.

Keeping in view, the fact that younger and better qualified and talented employees are now available in Level-1 of all the departments, it has been decided that the residency period for promotion from Level-1 to Level-2 in all departments may be reduced from the existing 3 years where ever prescribed, to 2 years. However, in cases where higher incumbency is prescribed, the same shall continue.

SC/ST employees possessing requisite educational qualification can be considered for promotion to the posts of Skilled Artisan against the 25% qualified staff quota on completion of one year regular service.

Para 189 (ii) of IREM, Vol.I 2009, Reprint Edition is accordingly amended as per ACS No. 260 enclosed herewith.

The issue with concurrence of the Accounts Dte. Railway Board.

(P.M. Meena)
Dy. Director-II/Estt.(NG)-I
Railway Board

Amendment in Part-V of schedule to CCS (CCA) Rules 1965-Appointing Authority Disciplinary Authority in respect of Group B and C post in the Ordnance Factories and Other units under OFB

Disciplinary Authority for 'B' and 'C' Group - INDWF
Disciplinary authority in respect of Group 'B' and 'C' post in Ordnance Factories
INTUC
INDIAN NATINOAL DEFENCE WORKERS FEDERATION

R.Srinivasan
General Secretary

INDWF/Circular/028/2018 Date:04.12.2018
To
ALL Affiliated unions of INDWF
Ordnance and Ordnance Equipment factories

Sub: Amendment in Part-V of schedule to CCS (CCA) Rules 1965-Appointing Authority Disciplinary Authority in respect of Group B and C post in the Ordnance Factories and Other units under OFB-reg

Ref:1. MoD(D-Estt) (NG)Id No.50(23)/2013D(EStt)NG Dated 29.11.2018
2.OFB letter No.3977/BM/Per/DISC Dated 03.11.2018

Dear Colleagues,
After 6th CPC,the employees who are granted Rs.4200/- Grade Pay have been classified as Group 'B' Industrial and Non-Gazetted by DOP&T. Though these categories of employees have been appointed by the Sr. General Managers/General Managers of Heads of the establishments but disciplinary powers in respect of Group 'B' and 'C' Civil posts have been authorised to Chairman OFB.

The issue of delegation of powers to Sr.GM/GM of the respective factoris was discussed in JCM III and the same was taken up by OFB to MoD and DOP&T. Now it has been approved by amending the Part V schedule to CCS(CCA) Rules 1995 delegating the powers to the appointing authority in respect of dealing the disciplinary cases of Group 'B' Non-gazetted and Non-Industrial and Industrial employees drawing the Grade pay of Rs.4200/- and below. In respect of Group 'B' Gazetted officials will be concerned by ADCOF.

This is submitted for information of all the unions.

Yours Sincerely,
sd/-
(R.SRINIVASAN)
General Secretary

Source: INDWF

Fixation of Pay with An Extra Increment under Rule 13 RP Rules - RBE 175/2008

Fixation of Pay with An Extra Increment under Rule 13 RP Rules - RBE 175/2008
"Ministry of Finance and DoP&T and it is clarified that the benefit of fixation of pay in terms of Rule 13 of RS (RP) Rules, 2008 would be admissible in such situations of placement in higher Grade Pay on non-functional basis"

Fixation of pay/ admissibility of increment under Rule 13 of Revised Pay Rules, 2008 in the situation of placement on non-functional basis in higher Pay Band/ Grade Pay

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

S.No. PC-VI/ 391
RBE No. 175/2018
No. PC-VI/2009/I/6/6 Pt.

New Delhi, dated: 12.11.2018

The GMs/ CAOs (R),
All Zonal Railways & Production Units
(As per mailing list)

Sub: Fixation of pay/ admissibility of increment under Rule 13 of Revised Pay Rules, 2008 in the situation of placement on non-functional basis in higher Pay Band/ Grade Pay.

Prior to implementation of recommendations of Sixth Central Pay Commission, fixation of pay of Railway employees on appointment from one post to another was governed by Rule 1313 {FR22(1)(a)(1)} and 1313 {FR22(1)(a)(2)} R-II depending upon whether situation involved assumption of duties and responsibilities of greater importance or otherwise. Rule 13 of Railway Services (Revised Pay) Rules, 2008 governing fixation of pay on promotion on or after 1.1.2006, however, envisage grant of one increment equal to 3% of sum of the pay in the pay band and existing grade pay (to be rounded off to next multiple of 10) in the case of promotion from one grade pay to another in the revised pay structure. Further clarification were issued vide Board's letter No. PC-VI/2008/I/RSRP/1 dated 11.02.2009 (RBE No. 28/2009).

2. References have been received from some of the Railways/PUs and both staff Federations regarding admissibility of fixation with extra increment in terms of Rule 13 of RS(RP) Rules, 2008 in the situation of placement of Pharmacist (GP Rs. 2800) in GP Rs. 4200 on completion of two years regular service and placement of Private Secretaries Grade I (GP Rs. 4800) in GP Rs. 5400 (PB 2) on completion of 4 years regular service on non-functional basis. The matter has been examined in consultation with Ministry of Finance and DoP&T and it is clarified that the benefit of fixation of pay in terms of Rule 13 of RS (RP) Rules, 2008 would be admissible in such situations of placement in higher Grade Pay on non-functional basis.

3. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.
Hindi version will follow.

(S. Balachandra Iyer)
Executive Director, Pay Commission-II
Railway Board

7th Pay Commission Pay Scales for DCSEM Scientific Staff, DCSEM Technical Staff, DCSEM Administrative Staff and DCSEM Auxiliary Staff

7th CPC Pay Scales for DCSEM Scientific Staff, Technical Staff and Administrative Staff

Directorate of Construction, Services & Estate Management (DCSEM)

7th Pay Commission Pay Scales for DCSEM Scientific Staff, DCSEM Technical Staff, DCSEM Administrative Staff and DCSEM Auxiliary Staff

Pay Scales for Scientific Staff
Post	Level in Pay Matrix as per 7th CPC	Grade Pay as per 6th CPC	Pay Band as per 6th CPC	G/NG	Group
Outstanding Scientist	15	-	HAG (67,000-79,000)	G	A
SO/H+/SO/H	14	10000	PB-4 (37400-67000)	G
SO/G	13A	8900		G
SO/F	13	8700		G
SO/E, TO/E	12	7600	PB-3 (15,600-39100)	G
SO/D, TO/D	11	6600		G
SO/C, TO/C	10	5400		G

Pay Scales for Technical Staff
Post	Level in Pay Matrix as per 7th CPC	Grade Pay as per 6th CPC	Pay Band as per 6th CPC	G/NG	Group
SA/G	12	7600	PB-3 (15600-39100)	NG	A
SA/F	11	6600		NG
Tech.Sup A (Drg)	11	6600		NG
SA/E	10	5400		NG
Sr.Tech/J	10	5400		NG
D/E	10	5400		NG
FM/C	10	5400		NG
SA/D	8	4800	PB-2 (9300-34800)	NG	B
D/D	8	4800		NG
Sr.Tech/H	8	4800		NG
SA/C	7	4600		NG
D/C	7	4600		NG
Tech/G	7	4600		NG
SA/B	6	4200		NG
Tech/F/FI	6	4200		NG
D/BI	6	4200		NG
Tech/D	5	2800		NG	C
Tech/C	4	2400		NG
Tech/B	3	2000		NG

Pay Scales for Administrative Staff
Post	Level in Pay Matrix as per 7th CPC	Grade Pay as per 6th CPC	Pay Band as per 6th CPC	G/NG	Group
Chief Admn. Officer	12	7600	PB-3 (15600-39100)	G	A
JC (F&A)	12	7600		G
Administrative Officer-III	11	6600		G
DCA	11	6600		G
DD (Official Language)	11	6600		G
Sr. Accounts Officer	10	5400		G
Accounts Officer	9	5400	PB-2 (9300-34800)	G	B
Asstt. Accounts Officer	8	4800		G
Asstt. Personnel Officer	8	4800		G
Sr. Private Secretary	8	4800		G
Sr. Hindi Translator	7	4600		NG
PS (NS)	7	4600		G
Assistant	7	4600		NG
Assistant Accountant	7	4600		NG
Steno Gr-I	6	4200		NG
Steno Gr-II	6	4200		NG
Senior Clerk	6	4200		NG
Steno Gr-III	4	2400	PB-1 (5200-20200)	NG	C
Upper Division Clerk	4	2400		NG
Lower Division Clerk	2	1900		NG

Pay Scales for Auxiliary Staff
Post	Level in Pay Matrix as per 7th CPC	Grade Pay as per 6th CPC	Pay Band as per 6th CPC	G/NG	Group
Chief Security Officer	12	7600	PB-3 (15600-39100)	G	A
Dy. Chief Security Officer	11	6600		G
Security Officer	8	4800	PB-2 (9300-34800)	G	B
ASO (B)	6	4200		NG
ASO (A)	6	4200		NG
Driver Spl Gr	6	4200		NG
Supr B1 (CM)	6	4200		NG
Driver Gr I	5	2800	PB-1 (5200-20200)	NG	C
Sr. Work Assistant/B	5	2800		NG
Driver Gr.II	4	2400		NG
Caretaker	4	2400		NG
Surveyor	4	2400		NG
Sr. Work Assistant/A	4	2400		NG
Work Asstt/C	3	2000		NG
Asst Halwai cum Cook (Auxillary)	2	1900		NG
Clerk (Canteen)	2	1900		NG
Assist Halwai cum Cook (Canteen)	2	1900		NG
Driver OG	2	1900		NG
Hd. Security Guard	2	1900		NG
Work Asstt/B	2	1900		NG
Sr. Security Guard	1	1800		NG
Security Guard	1	1800		NG
Work Asst / A	1	1800		NG
Canteen Attendant	1	1800		NG

Grant of benefit of pay fixation at time of promotion to Postmaster Grade I

3% fitment pay benefit claim individual request letter model

Grant of benefit of pay fixation at time of promotion to Postmaster Grade I
From,
 ______________________________ ,
 ______________________________ ,
 _______________________________ ,
 _______________________________.

To,
 The Sr./Postmaster,
 __________________________ HO,
 Pincode: _____________________ .

Subject: Grant of benefit of pay fixation at time of promotion to Postmaster Grade I - reg

Reference: Directorate sanction letter No.20-27/2015-SPB-II dated at Dak Bhawan, Sansad Marg the 15th October 2018 (Published in India post official website and attached with this letter for quick reference)

Sir/Madam,
 A kind reference is invited to the above cited Dte letter, vide above reference, 3% fitment benefit of pay was allowed to Postmaster Grade I official at the time of fixation of pay on promotion to the post of Postmaster Grade I even after availing financial upgradation under MACP.

 I was awarded with MACP financial upgradation to the Grade Pay of Rs.2800 (Level -5) with effect from _________________ and I was promoted as Postmaster Grade I post (Level 5) with effect from_____________________ without any pay fixation.

 Since I was promoted to Postmaster Grade I post from the date of ___________________ , without any pay benefit, I may kindly be drawn with 3% fitment benefit of pay  from such date of PM Grade I promotion ______________________ as sanctioned by the postal directorate vide above reference please.

Place : ____________________
Date: _____________________   
Yours sincerely,

Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order

Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order

All India Civil Accounts Employees Association

(RECOGNIZED BY GOVT. OF INDIA)
Central Headquarters

Central Office: -
Room No. 351, 'B' Wing,
Loknayak Bhawan, Kali Bari Marg,
Khan Market, New Delhi - 110003

Address for Communication:-
17/2 - C, P & T Quarters,
New Delhi-110001

No:- AICAEA/HQ/A-2/2018/412

Dated: 08.10.2018

To,
Shri Anthony Lianzuala,
Controller General of Accounts, Ministry of Finance,
Department of Expenditure,
4th Floor, GPOA, Block-E, INA,
New Delhi - 110023

Subject : Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order and Judicial Verdicts.

Sir,
On behalf of members of this Association I am to submit herewith following facts for your kind consideration and early favourable action.

1. The Ministry of Personnel, Public Grievances and Pension under O.M. No. 38/86/03- P&PW(A) dated 26-04-2004 has granted parity of Pay Scales in organized Accounts cadre w.e.f. 01-01-1996 notionally and actually from 19-02-2003 as shown below:

Sr.No.	Name of the Post	Existing Pay Scale as on 01-01- 1996	Up-graded Pay Scale to be applicable.
1	Auditor/Accountant	4000-100-6000	4500-125-7000
2	Sr. Auditor/Sr. Accountant	5000-150-8000	5500-175-9000
3	Section Officer/Junior Accounts Officer	5500-175-9000	6500-200-10500
4	Asst. Audit Officer/Asst.Accounts Officer	6500-200-10500	7450-225-11500

1. The hierarchal set up of the Department is:

Accountant Group 'C' Senior Accountant Group 'B' Non- Gazetted Asst. Accounts Officer Group 'B'

Filled in by Direct Recruitment or by Promotion from L.D.C.Promotional Post to Accountant Promotion Post to Senior Accounts Officer on passing the Departmental Examination and on seniority - cum - fitness basis

3. The 6th Central Pay Commission has merged the post of Section Officer with Assistant Accounts Officer from 01-01-2006. The 6th Pay Commission has recommended the Pay Band 2 in the Pay Scale of Rs. 9300-34800 Plus Grade Pay of Rs. 4200/- to the Senior Accountant. The Asst. Accounts Officer were also given the Pay Band No. 2 but they were given the Grade Pay of Rs. 4800/-.

4. The Government of India, Ministry of Personnel, Public Grievances and Pensions under O.M. No. 35034/3/2008-Estt (D) dated 19-05-2009 has introduced the Scheme of Modified Career Progression Scheme (for brevity M.A.C.P.) which is the modified version of earlier A.C.P. Scheme. As per the Scheme the Government Servants will be granted 3 financial upgradations after completion of 10, 20 and 30 years of service if they have not received any regular Promotion. The condition No. 2 read with 6.2 of the Annexure 1 of the OM. laid down that:

"….financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of grade pays in pay bands as notified vide CCS (Revised Pay) Rules, 2008"

According to the information available to this Association, the Senior Accountants are being granted Grade Pay of Rs. 4600 /-(level 7 of pay matrix) on grant of benefits under M.A.C.P.

In this connection, your kind attention is invited to the following orders/Judgments of the various Tribunals/ High Courts/Supreme Court wherein the Tribunals/ High Courts have held that the Grade Pay of hierarchical Promotion Post has to be given on grant of financial benefits under M.A.C.P.

1. Central Administrative Tribunal (C.A.T.) Ernakulam Order dated 27-09-2011 in T.P.Leena Vs. Union of India.

The Tribunal has granted the Grade Pay of Rs. 4800/- on grant of 1st Financial Benefit under M.A.C.P. from Rs. 4200/-

2. The High Court of Ernakulam has by Judgment dated 21-06-2012 in the case of Union of India Vs. T.P.Leena has upheld the Order of CAT. and Hon’ble Supreme Court has dismissed the S.L.P. by Judgment dated 15-10-2012 holding that there is no reason to interfere with Impugned Order.

[Copies of above Order/ judgments are enclosed as Annexure 'A')

3. CAT New-Delhi by Order dated 26-11-2012 in Sanjay Kumar & others Vs. Ministry of Defence & others has granted the Grade Pay of Promotion Post (Copy enclosed).

Sir, it would not be out of place to submit that the Controller of Accounts C.B.D.T. Mumbai in compliance of C.A.T. Mumbai order has by order No. ZAO/MACP/ADMN/12015-16 dated 01-02-2016 has granted Grade Pay of Rs. 4800[- (level 8 of Pay Matrix] to 13 Senior Accountants on grant of benefits of 2“d M.A.C.P. The copy of the Order is enclosed as Annexure ‘B’ for your perusal.

It is further submitted that the Principal Chief Controller of Accounts. Zonal Accounts Office, CBDT, Mumbai has, while quoting Principal Chief Controller of Accounts C.B.D.T. New- Delhi letter No. -PCCA/CBDT/Estt/Rep/2018-381-382 dated 01-08-2018 has granted benefits of 3rd M.A.C.P. to 16 Senior Accountants under order No. ZAO/CBDT/MUM/ADMN/MACPS/2018-191 742 dated 04-09-2018 [Copy enclosed]. The perusal of the order would exhibit that all the Senior Accountants were in receipt of Grade Pay of Rs. 4800/- (level 8 ef Pay Matrix] on grant of benefits of 2nd M.A.C.P. and they have been granted Grade Pay of Rs. 5400/-[level 9 of Pay Matrix) which is the Grade Pay of hierarchical Post of Asstt. Accounts Officer.

In View of submission made in the letter, it is clear that the members of our Association are meted out with discrimination as far as grant of Grade Pay of Rs. 4800/-[level 8 of Pay Matrix) on grant of benefits of M.A.C.P. to Senior Accountants are concerned. They are given the Grade Pay of Rs. 4600/- [level 7 of Pay Matrix). This amounts to discrimination and violative of Article 14 and 16 of the Constitution of India. It is therefore requested that the Grade Pay of Rs. 4800/-(level 8 of Pay Matrix) may please be granted to all the Senior Accountants who have been granted benefits of M.A.C.P. A comprehensive review may please be taken and set right the grave injustice caused to our members.

In this context the observation of Principal Bench New Delhi in the case of All India Defence Civilian Clerks Association of ADC and Records Office and another Vs. The Secretary, Ministry of Defence and others in order dated 01-02-2012 (Copy enclosed) assumes importance.

We do not understand the logic of the Ministry of Defence, D.0.P & T. Ministry of Finance or even the Ministry of Law as to how the aforesaid directions as upheld by Hon'ble High Court of Delhi and the Apex Court cannot be made applicable to the Applicants who are admittedly similarly placed. In our considered opinion the Respondents/Departments should desist from rejecting the genuine request of the employees and force them to knock the door of Courts unnecessarily without any justifiable grounds.

In view of above observation of Hon'ble Principal Bench 1 request you to consider our request positively and arrange to do justice by removing the discrimination between the two set of similarly situated employees.

Enclo: As stated above.

Thanking you

Yours faithfully
(V. Bhattacharjee)
Secretary General

Fixation of pay in respect of employees appointed on or after 01.01.2006 in the Grade of 4280 (PR)

Fixation of pay of an employee appointed on or after 01.01.2006 in the Grade of 4280 (PR) - J&K

GOVERNMENT OF JAMMU AND KASHMIR
FINANCE DEPARTMENT

Civil Secretariat, Srinagar/Jammu

O.M. No. A/35 (09)-560

Dated: 16 -08-2018

Subject:- Fixation of pay in respect of employees appointed on or after 01.01.2006 in the Grade of 4280 (PR).

Doubts have been expressed by various quarters regarding fixation of pay of an employee appointed to the post carrying Grade Pay of 4210,4220,4240,4260 and 4280 in PB-3- 9300-34800 (PR), on or after 01.01.2006 in terms of SRO 266 of 2009 dated 31.08.2009 read with SRO 42 of 2011.

The issue has been examined in the Finance Department and it has been observed that consequent to notification of Jammu & Kashmir Civil Services (Revised) Pay Rules, 2009 vide SRO 93 of 2009 dated 15.04.2009, the pre-revised pay scales of 5000-8000, 5150-8300, 5500­9000,5600-9100, 5700-10100 and 6500-10500 were clubbed into single PB-2 - 9300-34800 (PR) with common Grade Pay of 4200. This created practical impediments in making appointments to various posts under these pre-revised pay scales/ Grade Pays, particularly in making promotions both functional or in-situ from one Grade Pay to another within the scales so clubbed. The promotion within these scales would mean nothing except change of designation.

In order to overcome the bottlenecks coming in the way of making appointments or promotions in these pre-revised scales, Grade Pays of 4210,4220,4240,4260 and 4280 were introduced to pave way for promotion from one post to another scale.

Accordingly, it is clarified that the newly incorporated Grade Pays viz 4210,4220,4240,4260 and 4280 under SRO 42 of 2011 are applicable to all employees in the revised pay structure, but as far as the applicability of ready reckoner attached to said SRO is concerned, same is relevant for pay revision of employees who have been appointed before 01.01.2006, and were holding these posts on 01.01.2006 to arrive at their revised pay on 01.01.2006 in the revised pay structure in accordance with Rule 7 of J&K Civil Services (Revised) Pay Rules, 2009.

It is also clarified that SRO 42 of 2011 is not an amendment to Rule (8) of Jammu & Kashmir Civil Services (Revised) Pay Rules, 2009, prescribing fixation of pay of direct entrants to Government service on or after 01.01.2006, but is an insertion/ substitution of new Grade Pays in Section-I of first schedule attached to Jammu & Kashmir Civil Services (Revised) Pay Rules, 2009 against S.Nos 11 to 16 of Pay Band-2.

Sd/-
(M. R. Andrabi)
Director General (Codes),
Finance Department.

Transfer of Non-gazetted staff - Delegation of powers to Divisional Railway Managers

Transfer of Non-gazetted staff - Delegation of powers to Divisional Railway Managers
RBE.No: 120/2018

Government of India
Ministry of Railways
(Railway Board)

No. E(NG)I-2018/TR/12

New Delhi, dated 24.08.2018

The General Managers (P),
All Zonal Railways & Production Units.
(As per standard list).

Sub: Transfer of Non-gazetted staff from one Department to another Department- Delegation of powers to Divisional Railway Managers

In terms of the provisions contained in Para 231 of IREC Vol.l (Fifth Edition-1985), Divisional Railway Managers may transfer erstwhile group "D" employees Grade Pay 1800/- Level 1 (Peons, Gangmen, Khalasi, unskilled and semiskilled, etc.) from one department to another or from one Division to another.

2. The need to delegate the powers to change of department in the case of Group "C" Railway Servants has also been experienced. In the light of the above, Board have reviewed the matter and have decided to delegate the powers to Divisional Railway Managers further · so that henceforth it shall be within the competence of Divisional Railway Managers to transfer all non-gazetted Railway employees for divisional controlled cadres from one Department to another Department subject to conditions given in Board's letter No. E(NG)l-2006/TR/18 dated 25.09.2007, being strictly followed.

3. Accordingly, the Indian Railway Establishment Code, Vol.l, (Fifth Edition-1985) is amended as per ACS No. 133 enclosed.

Please acknowledge receipt.

Hindi version will follow.

Deputy Director Estt (N)
Railway Board

Filling up of posts of Multi-Tasking Staff (erstwhile Group 'D' post) in Railway Board by absorption basis in Level-I of Pay Matrix (Pre-revised: Pay Band-1 (Rs.5200-20200) and Grade Pay Rs.1800) from the employees of Zonal Railways/Production Unions

Filling up of posts of Multi-Tasking Staff (erstwhile Group 'D' post) in Railway Board by absorption basis in Level-I of Pay Matrix (Pre-revised: Pay Band-1 (Rs.5200-20200) and Grade Pay Rs.1800) from the employees of Zonal Railways/Production Unions

---

NFIR

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No.11/6/Pt.8

Dated: 21/08/2018

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,
Sub: Filling up of posts of Multi-Tasking Staff (erstwhile Group 'D' post) in Railway Board by absorption basis in Level-I of Pay Matrix (Pre-revised: Pay Band-1 (Rs.5200-20200) and Grade Pay Rs.1800) from the employees of Zonal Railways/Production Unions.

Ref: Railway Board's letter No.20l8/ERB-515 (4)l0l dated 08/0812018 addressed to
Zonal Railways and Production Units etc.,

With reference to Railway Board's letter dated 08/08/2018 inviting applications from the staff working in Zonal Railways etc., for filling the vacancies of Multi-Tasking Staff in Rail Bhavan, New Delhi, it is informed that on some Zonal Railways the applications of staff are not entertained on the plea that no replacement is available and on a few Zones, the Board's circular is not being circulated resulting the staff not able to submit their applications. Staff are disappointed over the negative approach of Zonal Railways and they also fear that the only opportunity now provided for them to join Rail Bhavan, New Delhi will be lost.

NFIR therefore requests the Railway Board to kindly issue clear instructions to the GMs etc., to circulate widely Board's letter and forward the applications of staff promptly.

Yours faithfully,
(Dr M.Raghavaiah)
General Secretary

Source : NFIR

7th CPC - Para 11.12.140 - Grant of Grade Pay of Rs.5400(PB-2) i.e. Level 9 of Pay Matrix in case of Assistant Accounts Officers of Central Civil Accounts Service

7th CPC Recommendation - Parameters to grant of GP 5400 i.e. Level 9 to Assistant Accounts Officer of CCAS

No. A-60015/1/2014/MF.CGA/NGE/7th CPC/238
Government of India
Ministry of Finance Department of Expenditure
Controller General of Accounts

Mahalekha Niyantrak Bhawan
E Block, GPO Complex, INA
New Delhi-110023
Dated: 4th July, 2018

OFFICE MEMORANDUM

Sub: Implementation of recommendation of 7th CPC - Para 11.12.140 - Grant of Grade Pay of Rs.5400(PB-2) i.e. Level 9 of Pay Matrix in case of Assistant Accounts Officers of Central Civil Accounts Service.

Reference is invited to Department of Expenditure, Ministry of Finance Office Memorandum F No. 25-2/2017-IC/E.III(A) dated 18th June, 2018 issued in pursuance of recommendation of 7th CPC as contained in Para 11.12.140 of the report and Government Resolution No. G.I., M.F., No. 1-2/2016-IC dated the 25th July, 2016. In accordance with the ibid O.M., the revised pay scales of the post of Assistant Accounts Officers in Central Civil Accounts Service in the pay structure of 7th CPC w.e.f. 01.01.2016 would be Level 8 of Pay Matrix and Level 9 on completion of 4 years in Grade Pay of Rs.4800/-(PB-2)/Level 8 subject to the following parameters:-

(i) The grant of Non-Functional Upgradation in Pay Level 9 shall be admissible to the AAOs of CCAS on completion of 4 years of approved service from the date of joining as AAO, subject to their vigilance clearance. The aforesaid non-functional upgradation to AAOs is effective from 01.01.2016.

(ii) Necessary amendment to CCS(RP) Rules, 2016 shall be issued by the Ministry of Finance, Department of Expenditure in due course.

(iii) The benefit of pay fixation admissible as per Rule 13 of CCS Revised Pay Rules, 2016 shall be available at the time of grant of non-functional upgradation.

(iv) The orders for grant of non-functional upgradation to AAOs shall be issued by the Appointing Authority i.e. Chief Controller of Accounts or Joint Controller General of Accounts as the case may be. While issuing orders, i t may be ensured that none of the circumstances for adoption of sealed cover procedure exists and the official is not undergoing any penalty under CCS(CCA) Rules, 1965.

This issues with the approval of the competent authority.

(Suresh Kumar Gupta)
Senior Accounts Officer

Source: CGA

7th CPC: Grant of Grade Pay 5400 (Level 9) to Assistant Accounts Officer of IA&AD, Indian Civil Accounts Organization and P&T Accounts

7th CPC: Grant of Grade Pay 5400 (Level 9) to Assistant Accounts Officer of IA&AD, Indian Civil Accounts Organization and P&T Accounts

F.No.25-2/2017-IC/E.III(A)
Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi
Dated 18th June 2018

Office Memorandum

Subject: Implementation of recommendation of 7th CPC - Para 11.12.140 - Grant of Grade Pay of Rs. 5400(PB-2) i.e. Level 9 of Pay Matrix in case of Assistant Accounts Officer of IA&AD, Indian Civil Accounts Organisation and P&T Accounts.

In pursuance of the recommendation of 7th Central Pay Commission as contained in Para 11.12.140 of the Report, read with this Ministry's Resolution No. 1-2/2016-IC dated 25th July 2016, the undersigned is directed to say that the pay scales of the post of Assistant Accounts Officer in Indian Audit & Account Department, Indian Civil Accounts Organization and P&T Accounts shall be as under in the pay structure of 7th Central Pay Commission w.e.f 01/01/2016.

Sl. No.	Name of Post	Pay scale in the 6th CPC Pay Structure	Revised Pay scale under 7th CPC Pay Structure
1	Assistant Accounts Officer	Pay Band 2 + Grade Pay Rs. 4800/-	Level 8 of Pay Matrix and Level 9 on completion of 4 years in Grade Pay of Rs. 4800/- (PB2)/Level 8. Level 8 and Level 9 of Pay Matrix shall be as contained in the aforesaid Resolution dated 25/07/2016.

2. Necessary amendment to CCS(RP) Rules 2016 shall be issued in due course.

(Ashok Kumar)
Under Secretary to the Government of India

Railway: Cases of promotion taking place in the pre-revised pay structure between 01-01-2006 and the date of notification of RS(RP)Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade fixation of pay clarifications

Railway - Cases of promotion taking place in the pre-revised pay structure between 01-01-2006 and the date of notification of RS(RP)Rules, 2008

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

NO.PC-VI/2015/IC/1

New Delhi, Dated: 27-04-2018

The General Manager (P)
All Zonal Railways/Production Units
[NCR, EGR, SCR, NFR, WCR, SER, WR, NWR, NER, ER, CR, SECR, SWR, SR, ECR, NR, RCF, DLW, CLW, DMW, RWF, ICF, RDSO, METRO RL4]

Sub: Cases of promotion taking place in the pre-revised pay structure between 01-01-2006 and the date of notification of RS (RP) Rules, 2008 and the subsequent merger of the pre-revised pay scales of the promotional and the feeder posts in a common Grade fixation of pay clarifications.

Ref: Railway Board's letter No.PC-VI/2015/IC/1 dated 08-04-2016(RBE No.33/2016)Circulating Ministry of Finance's O.M.No.F-2-1/2015-E.III(A) dated 16-10-2015

Attention is invited to Board's letter dated 08-04-2016 (RBE No.33/2016) by which instructions contained in M/o Finance's OM dated 16-10-2015 have been applied mutatis mutandis on Indian Railways. In the M/o Finance's OM dated 16-10-2015, the cut-off date for applicability of instructions contained has been mentioned as 29-08-2008 at one place and 29-09-2008 at another place of para 5 of the said OM. This seems to have caused confusion in some Railway/Units and some requests for clarifications have been made to Board's office on the issue.

2. The date of notification of CCS (RP) Rules,2008 was 29-08-2008 and therefore, as per M/O Finance OM dated 16-10-2015, the pay fixation benefit was available in cases of promotion occurring between 01-01-2006 till 29-08-2008 where feeder and promotional grades were subsequently merged in 6th CPC. The date 29-09-2008 mentioned in para 5 of M/o Finance's OM NO.F-2-1/2015-E.III(A) dated 16-10-2015 is therefore evidently a typographical error which should logically be read as 29-08-2008. In any case, the cut -off date for applicability of provisions contained in letter dated 08-04-2016 (RBE NO.33/2016) in context of Railway employees is 04-09-2008 (i.e dated of notification of RS(RP)Rules,2008) as has already been explicitly clarified by Ministry Of Finance vide their OM No.530744/E III-A/2017 dated 20-11-2017 to this office. It was based on this clarification that Board's letter No.PC-VI/2015/IC/1 (RBE No.196/2017) was issued on 29-12-2017.

S/d,

(S.Balachandra Iyer)
Executive Director/Pay Commission-II
Railway Board.

Source: NFIR