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KISTAIAH310
13-04-2009, 05:47 AM
Hi All,

I joined as Technical Superintendent in Weavers' Service Centre, Ministry of Textiles in March 1981. I was granted 2nd ACP in March 2005 in the scale of Rs.10000-15200 ( Rs.8000-13500 scale on 1st. ACP and Rs.10000-15200 on 2nd. ACP as per hierarchy in our organisation ). Scale of Pay for the post of Tech. Supdt. in the pre-revised scales is Rs.5500-9000.
While fixing my Pay in the revised scales as on 1-1-2006 Pay in Pay band was fixed applying 1.86 factor and Grade Pay was given as Rs.4800 ( granting Rs.4600 on 1st. ACP and Rs.4800 on 2nd. ACP ) on the advice of the Pay and Accounts Office, Chennai. They say I am eligible for a Grade Pay of Rs.4800 only, as I was in the post of Tech. Supdt. as on 1-1-2006 whose scale was Rs.5500-9000 ( pre-revised ).
I strongly believe that I am entitled for a Grade Pay of Rs.6600 as on 1-1-2006, as I was in the scale of Pay of Rs.10000-15200 on that date.
Please clarify the following..
1.What should be my Grade Pay as on 1-1-2006
2.What will be my Grade Pay in March 2011 when i get my 3rd. ACP


Thanks in advance.

D.Ramakrishnaiah

tvenkatam
13-04-2009, 10:58 PM
My dear DR,

Why only believe? You must be SURE to get the Grade pay of Rs. 6600 as on 01.01.2006.

As a sequel to the acceptance of recommendations of SCPC, Government of India issued the CCS (Revised Pay) Rules, 2008. Rule 3(2) of the CCS (Revised Pay) Rules, 2008 defines ‘the existing scale’ as the present scale applicable to the post held by the Government servant (or, as the case may be, personal scale applicable to him) as on the 1st day of January 2006. The initial pay in the revised pay structure is fixed under Rule 7(1) of these Rules and the Rule 7(1)(A)(iii) stipulates that the Grade Pay corresponding to ‘the existing scale’ will be payable in addition to the pay in the pay band.

The applicable ‘existing scale’ of Rs. 10000-15200/- in your case corresponds to PB-3 and a Grade Pay of Rs. 6600/- in the revised pay structure and can not be altered to your disadvantage. For the reasons stated herein, the suggestion to re-fix your Grade Pay lacks the support of the relevant rules and are, therefore, not enforceable. The Grade Pay of Rs. 4800/- (suggested by PAO) does not fit into either the fitment tables or the format of ‘Statement of Fixation of Pay’ annexed to GI. MF OM No 1/1/2008-IC dated August 30, 2008. Please ensure that you are issued with a ‘Statement of Fixation of Pay’ by your office in the prescribed format in case of refixation of the pay based on PAO's recommendations.

The Pay and Accounts Officer has basically no responsibility of causing audit of pay and pay fixation. The Head of Office has to ensure fixation and drawal of pay in accordance with the rules and the Internal Audit wing of the concerned Ministry has the responsibility of overseeing the accounts including pay of officials through regular auditing.

The PAO seems to be aggrieved of the Modified Assured Career Progression (MACP) of SCPC imposed on them by their Principals pre maturely. Orders of Controller General of Accounts, New Delhi dated September 22, 2008 and September 23, 2008 as may be seen from the following link are the disturbing factors for the PAO since ACP in their department under these orders are determined on the principles of next higher Grade pay in the hierarchy of the Pay band in the revised pay structure.

http://cga.nic.in/pdf/Pay_scales_GroupB.pdf

Instead of fighting for their cause, the PAO opted to humiliate the offices under their jurisdiction in an attempt to find a solution to their own problem. Taking refuge into the orders of Controller General of Accounts, New Delhi dated November 21, 2008 (link below) the PAO issued an Order to all DDOs under his control to review all cases of pay fixation pursuant to SCPC recommendations involving ACP and re-fix the pay as per his guidelines based on the resolution of Government in accepting the relevant recommendations relating to ACP Scheme of SCPC vide G.I., M.F. No 1/1/2008-IC dated 29/08/2008. He asked all DDOs to allow only next higher Grade pay in the hierarchy of the Pay Band in the revised pay structure as on 01.01.2006 on ACP earned prior to 2006.

http://cga.nic.in/pdf/Implementaion_6CPCcheckingPayFixation.pdf

The PAO further, extensively toured with his team of officers to almost all the offices under his jurisdiction and handed over the DDOs the specific objections / Audit paras for compliance.

This is a very clear case of deliberate misinterpretation of the extant rules by PAO selectively imposed only on Group B, C and D employees of our department in a discriminatory manner. The DDOs of some of our offices also earned two ACP upgradations from the scale of 5500 and were placed in the Grade pay of Rs. 6600 as on 01.01.2006. They have earned one functional promotion enroute and are actually eligible for the Grade pay of Rs. 6600. The hypothetical order of PAO, if applied to them, their Grade pay will have to be refixed at Rs. 5400. But the PAO deliberately opted to keep these Group ‘A’ officers safely away from their controversial rule of MACP Grade pay for obvious reasons.

The clarification to the point of doubt at Sl No. 3 of M.F. O.M. F.No.1/1/2008-IC dated 24.12.08 link below

http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/1_1_2008-IC.pdf

of the Implementation Cell is as under:
“Government servants who have been granted financial upgradation to a higher scale under the ACP Scheme will be granted the grade pay corresponding to the higher pre-revised pay scale that was granted to them under ACP”.

The PAO refused to accept this clarification on the plea that this formed a part of ‘Clarifications regarding pay fixation of existing Group D employees in the revised pay structure’. In the melee, the PAO again safely forgot that he already imposed his hypothetical rule of grant of MACP Grade pay for pre 2006 ACP recipients even in the cases of Occupational Attendants belonging to Group ‘D’.

Of so many people affected by the ill conceived thoughts of PAO, only a few dared to raise their voice against the injustice caused to them. Only a few representations were received, while most of the aggrieved chose to remain silent. The representations were referred to Pay Audit wing of Chief Controller of Accounts, Ministry of Textiles, New Delhi by our zonal office Chennai in accordance with the provision made in para 3 of the OM of CGA dated 21.11.2008 (link given above). The Principal Accounts Office under CCA, Ministry of Commerce & Textiles, New Delhi vide their letter of March 27, 2009 clarified as under:
“Please refer to your letter No. MWSC/1665/5192 dated 16/17.03.2009 on the subject cited above. In this connection DOPT has clarified that MACP Scheme is under consideration and advised to await the finalization of Modified ACP Scheme”.

This clarification was sent to all offices in the south zone including your office on April 08, 2009 which should have been received in your office by now.

The PAO now seems to have conceded his demand for refixation of Grade pay and resultant recovery of pay. Many of the offices which revised the Grade pay earlier on the demand of PAO, have now (from the pay for the month of April 2009) started drawing the eligible Grade pay as fixed originally. Your office may also follow suit.

venkatcustoms
13-04-2009, 11:41 PM
//The Principal Accounts Office under CCA, Ministry of Commerce & Textiles, New Delhi vide their letter of March 27, 2009 clarified as under:
“Please refer to your letter No. MWSC/1665/5192 dated 16/17.03.2009 on the subject cited above. In this connection DOPT has clarified that MACP Scheme is under consideration and advised to await the finalization of Modified ACP Scheme”.//

Dear Shri Tvenkatam,

Our cadre is Inspector of Central Excise and Customs in the prerevised scale of 6500. we got ACP in pre-revised scale of 7500

Does it mean from the letter of Principal Accounts office, that we are eligible to draw Grade pay of 4800 (relevant to pre-revised scale of 7500) until MACP is issued?

Pl clarify.

sharad72
14-04-2009, 07:08 AM
//The Principal Accounts Office under CCA, Ministry of Commerce & Textiles, New Delhi vide their letter of March 27, 2009 clarified as under:
“Please refer to your letter No. MWSC/1665/5192 dated 16/17.03.2009 on the subject cited above. In this connection DOPT has clarified that MACP Scheme is under consideration and advised to await the finalization of Modified ACP Scheme”.//

Dear Shri Tvenkatam,

Our cadre is Inspector of Central Excise and Customs in the prerevised scale of 6500. we got ACP in pre-revised scale of 7500

Does it mean from the letter of Principal Accounts office, that we are eligible to draw Grade pay of 4800 (relevant to pre-revised scale of 7500) until MACP is issued?

Pl clarify.

No doubt about it. It has to be Rs. 4800/-. Infact, all Inspectors who have completed 12 years of service till 30.08.2008 are entitled for Rs. 4800/- GP and MACP scheme is yet to be notified for implementation. Thus, no question arises for GP Rs. 4600/- to such ACP Inspectors. Let us not make any confusion about it. See the scheme of things are very clear. ACP under OM 09.08.99 has the conditions that no refixation will be done at the time of promotion to Superintendent Post. This means that if you are awarded Rs. 4600/- as per acceptance of proposal of MACP then even after getting promotion to Superintendent Post you will be continued in the GP of Rs. 4600/- though the GP of Supdt. is Rs. 4800/-. This kind of ACP scheme is not in existence at all and it would be regarded as FSS( Full Stop Scheme). Thus, as long as OM dated 09.08.99 is followed for granting ACP it has to be Rs. 4800/-. If the resolution dated 30.08.2008 of MACP is followed then you are entitled for ACP as on 01.01.2006 as by that time 10 years of service would have been completed. In any case, MACP is yet to be notified for implementation and hence cannot be given effect to. SO the only scheme left id O.M dated 09.08.99 which grants GP of Supdt at the time of ACP i.e Rs. 4800/- with a condition that no re-fixation at the time of promotion will be made. Hence, no need to allow confusion in this regard.

tvenkatam
14-04-2009, 07:22 AM
Dear all,

I fully agree with Mr. Sharad. An employee who is eligible for grant of ACP prior to 01.01.2006 would have been/will be granted ACP under the Orders of 09.08.1999 (even if it is granted belatedly after 01.01.2006). The fixation of pay and corresponding Grade pay as on 01.01.2006 in the revised pay structure will be based on the scale of pay in which the ACP recipient was placed as on 31.12.2005.

ACP accruing on or after 01.01.2006 as per new pay regime, will be governed by MACP, the guidelines of which are yet to be issued.

Regards,
tvenkatam

sashidhar
16-04-2009, 03:10 PM
Sir,
You are reply was enlightening regarding the anamolies linked with grievances of PAOs. Sir my office is preferring bills to PAO (Textiles) who is till recently as 6.4.09 has turned down my fixation of grade pay of Rs.4600/- which was fixed by my Head of office as I was drawing Rs. 6500-10500 after receiving ACP from 5500-9000 scale. This post of 6500-10500 was upgraded to 7450-11500 with corresponding gp of Rs. 4600. He has directed that if the pay bill for April 2009 is preferred with Rs. 4600/- he will return the bills.

The PAO (Text) since September 2008 is retrenching all my pay bills preferred with Rs. 4600/- and regulating with Rs. 4200/- grade pay. Is this allowed under their manual ???

Please enlighten sir,

sashidhar

tvenkatam
16-04-2009, 08:30 PM
Sir,
You are reply was enlightening regarding the anamolies linked with grievances of PAOs. Sir my office is preferring bills to PAO (Textiles) who is till recently as 6.4.09 has turned down my fixation of grade pay of Rs.4600/- which was fixed by my Head of office as I was drawing Rs. 6500-10500 after receiving ACP from 5500-9000 scale. This post of 6500-10500 was upgraded to 7450-11500 with corresponding gp of Rs. 4600. He has directed that if the pay bill for April 2009 is preferred with Rs. 4600/- he will return the bills.

The PAO (Text) since September 2008 is retrenching all my pay bills preferred with Rs. 4600/- and regulating with Rs. 4200/- grade pay. Is this allowed under their manual ???

Please enlighten sir,

sashidhar

Dear Mr. Sashidhar,

Your case relates to fixation of initial pay as on 01.01.2006 in the revised pay structure.. There is no anomaly in your case. You earned ACP in September 2005 and were placed in the scale of pay of Rs.6500-10500. This scale was upgraded to Rs 7450-11500 with a grade pay of Rs. 4600 vide Part-C of the First Schedule to the CCS (RP) Rules, 2008. There is no question of either ACP or MACP interfering in the fixation of initial pay in the revised pay structure as on 01.01.2006.

The fixation of initial pay will be regulated in the manner prescribed in Note 2A under Rule 7 of CCS (RP) Rules, 2008. Your grade pay as on 01.01.2006 will accordingly be fixed at Rs.4600 corresponding to the upgraded pay scale of Rs. 7450-11500 in accordance with Note 2A under Rule 7 of CCS (RP) Rules, 2008.

The contention of PAO(Textiles) has been that the Grade pay of the scale of pay applicable to the next promotion post will be given only at the time of regular promotion and not at the time of grant of ACP. This assertion emanates from the fact that the Modified Assured Career Progression (MACP) Scheme forming a component of Part A of Annexure I to the Resolution of Government dated 29th August 2008 assumed effect from 01.01.2006 vide para 2 of the Resolution No. 1/1/2008-IC dated 29.08.2008. The crux of the issue, however, is that so far no order is issued by Government framing operative guidelines for the MACP Scheme in modification or supersession of the erstwhile ACP Scheme of 09.08.1999. PAO(Textiles) refused to understand the facts and has been blindly following his contentious assumption leading to untold miseries to many people (including you and me) which could have been avoided.

On the question of whether PAO is competent to cause audit of accounts of an office, it may be categorically stated that this function is out side the purview of the duties and responsibilities of Accounts Office. It is the Audit department which is competent and authorized to perform regular auditing including verification of fixation of pay in respect of employees. Para 4.12.1 of Civil Accounts Manual empowers the Internal Audit Wing of the concerned Ministry to check the pay fixation statements.

Vide letter of the Controller General of Accounts, Ministry of Finance, New Delhi, dated 21.11.2008, the PAO was authorized to carry out checking of pay fixation statements in respect of offices under his jurisdiction. Simultaneously he was directed to refer all cases of irregularities noticed by him to the Internal Audit Wing of the Ministry which he has not complied with. At least your DDO/Head of Office could have referred your case to Internal Audit Wing of Ministry of Textiles for clarification.

Given below is the clarification issued in reply to our representations by Principal Accounts Office, Ministry of Commerce & Textiles, Room No. 530-A, Udyog Bhawan, New Delhi – 110 011 (Internal Audit Wing of Ministry of Textiles) vide letter No. PAO/A/Misc/2008-09/1107 dated 27.03.2009.

“Subject: Clarification on the fixation of pay in respect of ACP cases – Reg
Sir,
Please refer to your letter No.MWSC/1665/5192 dated 16/17.03.2009 on the subject cited above. In this connection DOPT has clarified that MACP Scheme is under consideration and advised to await the finalization of Modified ACP Scheme.”

Based on the above clarification, our offices in the Ministry of Textiles have reverted back to claim of originally granted grade pay (from pay for April 2009) as approved at the time of initial pay fixation.

With this information, I hope you would take necessary measures to have your grade pay resumed to Rs. 4600 by your office. In my view, even the above clarification of Internal Audit Wing was out of the present context since the impact of ensuing MACP Scheme will have no bearing or effect on pre 2006 ACP recepients.