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Thread: Grant of scale 0f 8000-13500 to Supdts of C Ex

  1. #1
    Junior Member AGGARWAL PK is on a distinguished road
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    Default Grant of scale 0f 8000-13500 to Supdts of C Ex

    The Supdts of the customs and Central Excise have been grated pre-revised scale of Rs.8000-13500 after comletion of 4 years service in the scale of Rs.7500-12000. Consequently they are entitled for grade pay of Rs.5400/- in PB-2 scale on comletion of 4 years service in the Supdt's garde. The officers aleady competing service of 4 years on 1.1.2006, should be granted garde pay of 5400 wef 1.1.2006. In our commissionerate it is not being done with plea that grade pay will be granted after completion of 4 yrs service in PB-2 with grade pay of Rs.4800.

    The officers in other commissionerates and Income Tax organisation are requested to check up position and take up matter with authorities concern for corrective measures. The present status of practice for fixation of pay may please be interacted.

  2. #2
    Junior Member raja is on a distinguished road
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    since the pay scale of Supdts. has been upgraded to 7500-12000 (Pre-revised) w.e.f. 21.04.2004, U will be getting the upgradation to 8000-13500 scale only after completion of 4 years from 21.04.2004 i.e. from 21.04.2008.

  3. #3
    Member coolgoose2 is on a distinguished road
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    Quote Originally Posted by raja View Post
    since the pay scale of Supdts. has been upgraded to 7500-12000 (Pre-revised) w.e.f. 21.04.2004, U will be getting the upgradation to 8000-13500 scale only after completion of 4 years from 21.04.2004 i.e. from 21.04.2008.
    both of you are wrong..

    Page 31 in RESOLUTION to the 6th CPC, notified in the Gazette of 30/08/2008 reads as follows :
    e) Group B officers of Departments of Posts,Revenue, etc., will be granted Grade pay of Rs.5400/- in PB-2 on non-functional basis after 4 years of regular service in Grade pay of Rs.4800/- in PB-2.
    Correct interpretation of the above CCS (RP) Rules 2008 would be as under :
    Part - C of Section I of said Rules notified in the Gazette No. (GSR 622(E) at page no. 49, with the heading -
    “REVISED PAY STRUCTURES FOR CERTAIN POSTS IN MINISTRIES, DEPARTMENTS AND UNION TERRITORIES ”
    states that :
    “The revised pay structure mentioned in column (5) and (6) of this part of the Notification for the posts mentioned in Column(2) have been APPROVED BY THE GOVERNMENT.....'
    Under this table (page no. 54) for the Dept. of Revenue-Sr. No. 9, the posts of ITO/Supdt./Appraisers etc. are mentioned and their present scale is shown as 7500-12000 i.e. S-14 and their Revised scale is mentioned as 7500-12000 and 8000-13500 i.e. S-15 (after 4 years). Correspondingly the Grade pay is shown as Rs.4800/- and Rs.5400/- respectively.
    Therefore, Part C of the said Rules overrides the General Clause in Resolution i.e. all Supdts will be in the pre-revised pay scale of 7500-12000 with a Grade Pay of Rs. 4800/-, right from the date of their taking over as Supdt and on completion of 4 years, will be eligible for the pre-revised scale of 8000-13500 i.e. S-15 with a Grade pay of Rs. 5400/-. But the Sr. Scale and more importantly, the Grade Pay of Rs. 5400 would be granted to all such Supdts who have completed 4 or more years of regular service as Supdt, on 01.01.2006, which is the date of effect of CCS (RP) Rules 2008.
    Thus for pay fixation, page no. 21 & 22 of the office memorandum F.No.1/1/2008-IC dated 30/08/2008 issued by the Implementation cell of the Dept. of Expenditure, wherein the table relevant to the scales S-14 & S-15, will have to used, as under :
    a. For all Supdts, who have completed 4 years as Supdt, as on 01.01.2006, the basic pay (pay in the pay band + grade pay) shall be fixed by using the fixation table at page no. 22 of the said memorandum relevant to the Scale S-15 in P.B.-2 i.e. with a Grade Pay of Rs. 5400/-.
    b. For all Supdts, who have not completed 4 years as ITO, as on 01.01.2006, the basic pay (pay in the pay band + grade pay) shall be fixed by using the fixation table at page no. 21 of the said memorandum relevant to the Scale S-14 in P.B.-2 i.e. with a Grade Pay of Rs. 4,800/-.
    Further order No.21/36/03-CS.I dated 13.11.2003 in respect of grant of NFSG to Section Officers of CSS, which is the basis for granting NFSG to similarly placed officers of other department. Here it is clearly mentioned that 4 year regular service in the grade of Section Officer is the requirement for grant of NFSG. Hence, it is only logical that the same be applied mutatis-mutandis in the case of Superintendents also.


    Also the in respect of ITOs in Kerala the fixation orders has been issued along these lines;i.e., fixing pay in the Grade Pay of 5400 after completion of four years as ITO as per the CCS(Revised Pay) Rules 2008
    Last edited by coolgoose2; 23-09-2008 at 07:52 PM.

  4. #4
    Junior Member nkjain is on a distinguished road
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    Default Nfsg

    The correct position is as follows:

    1. The pay scale of Superintendent of Central Excise has been upgraded as per Note 2A of Rule 7 of the said Rules which has been indicated at sl. No. 9 under the heading ‘Ministry of Finance’ in Section II of Part-C of the First Schedule of the said Rules. As per upgradation, the Superintendent of Central Excise has been placed in the pay scale of 7500-12000 at the start and 8000-13500 after four years.

    2. As upgradation has taken place in the existing scale before deciding the Grade Pay in terms of the said Rules, Superintendents should be placed in the pay scale of 8000-13500 for granting the corresponding grade pay of 5400 as and when they complete 4 years from their initial date of receipt of the Superintendent’s pay scale. The above matter has already been clarified vide DOPT Office Memorandum no. 22011/10/84-Estt. (D) dated 04.02.1992.

    3. The scheme of change over of pay scale from 7500-12000 to 8000-13500 provided by the new revised pay rules is different from what was available to SO of CSS previously. The SOs were used to be placed in 8000-13500 after deptt. order taking into view the ACRs etc. as like promotion and the pay fixation was used to be done as like promotion as per DOPT OM No.21/36/03-CS.I dated 13.11.2003. This is not the case now with the revised pay rules.

    4. As per ACP scheme issued vide DOPT OM no. No.35034/1/97-Estt(D) dated 09.08.1999 which envisages that financial upgradation under the Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre/category of posts (Para 7 of Annexure-I of the said OM), Inspectors are placed in the pay scale of next higher grade i.e., Superintendent after 12 years of regular service. No pay fixation takes place at the time of actual promotion in the grade of Superintendent in such cases as per the said ACP scheme as per Para 9 of Annexure-I of the said OM which stipulates that the financial benefit allowed under the ACP Scheme shall be final and no pay-fixation benefit shall accrue at the time of regular promotion i.e. posting against a functional post in the higher grade. The matter has again been clarified vide DOPT OM issued vide F.No.35034/1/97-Estt(D)(Vol.IV) dated 10.02.2000 at point no. 20 of the Annexure that upgradation under ACP shall be treated on par with regular promotion in so far as pay-fixation is concerned.

    5. If the Superintendents are placed in a higher pay scale vide the revised pay rules, the pay scale of those Inspectors who have been granted the pay scale of Superintendent on first ACP will accordingly be placed in a higher pay scale as per ACP scheme issued vide DOPT OM no. No.35034/1/97-Estt(D) dated 09.08.1999. Therefore, Inspectors drawing pay of Superintendent as per the above ACP scheme will be placed in 8000- 13500 after completion of four years from the date of ACP as per the said revised pay rules notified on 29.08.2008.

  5. #5
    Member coolgoose2 is on a distinguished road
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    Hi all

    Wonderful

    this thread is getting warm.. nice.. Thanks to nkjain

  6. #6
    Junior Member mvsprasad2711
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    Default Wait!

    Before coming into conclusions, we should understand the terms; "Rules","Resolution" and "Memorandum". perhaps we all know rules, in administration the ultimate. Resolution is a formal expression of intention. By issuing Resolution , the govt agreed to implement the contents mentioned therein. They are not enforceable in normal course and we can not act on it. Memorandum explains the rules and its intention and procedure for implementation and clarifies certain things. They are next to rules and binding on the administration. In the present case, the rules indicate only grade pay (in new scale) applicable to the Superintendents etc with 4 years of regular service. But to implement the same there must some rules fixing the conditions and procedure for granting the benefit. Perhaps it is the duty of the concerned ministry to issue such rules. So I think we have to wait for the rules atleast OM clarifying the issue and prescribing procedure.
    Regarding the eligibility, I feel that the officer must be Superintendent etc and mere placing in the scale of 7500 will not suffice. I doubt the eligibility of inspectors with ACP. As the four years period is mentioned against old scales in the Rules, the argument that four years are to be completed in the 4800 grade sans logic. Further as I said Resolution wording is not statutory. Regarding applicability from 2004 on wards, I feel the the thrust is on the cadre and not on the scale. Let us wait for the Rules to come! Perhaps the statue makers are also busy in solving problems in fixation of their own pay!

  7. #7
    Member coolgoose2 is on a distinguished road
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    Default

    H guys, can we take a poll on how the selection grade is interpreted.

    1. in IT departments in Kerala, NFSG is given from 4 years from the date of promotion or 01-01-2006 whichever is later;

    2. In Central Excise and Customs Departments No NFSG; interpretation being NFSG only after four years working in grade pay 4800;

    Any inputs on how it is done in outside kerala?

    thanks in advance

  8. #8
    Member nsdev007
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    Smile nfsg to supdts clarification

    dopt has already clarified the matter very clearly. quoted below

    1. O.M. No. 22011/10/84-Estt.(D) dated 4.2.92 issued by the DoP&T on the subject of “Revision of pay scale/upgradation of the posts – Date of regular appointment of the incumbents to the upgraded post” should be referred to. Therein in Point No. 2(2) it has been stated that: “Where the upgradation involves a higher replacement scale without higher responsibilities or higher qualifications but with a higher eligibility service, the incumbent need not be assessed for their suitability but it should be ensured that they have completed the requisite qualifying service for appointments to the upgraded post. In case they had completed the qualifying service on or before the date notified by the Government, they may be appointed to the upgraded post from that date. In the case of others who fulfill the qualifying service on a later date, they should be appointed to the upgraded post from the date on which they complete the qualifying service. This would be subject to the condition that irrespective of the date of appointment, the original seniority of the incumbent in the grade prior to upgradation will be maintained for appointment to the upgraded post.”

    2. The Chief Commissioner of Income Tax, Bangalore I vide Office Order 0006/2008-09 dated 24.09.2008 (F No 8 (1)/2008-09/CCIT – I) has issued directions to all DDO’s under his jurisdiction to grant grade pay of 5400/- to ITO’s on completion of 4 years of service.

  9. #9
    Junior Member balajeeva97
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    Arrow grant of 8000-275-13500

    If the interpretation that 4 years of service with GP4800 holds good then. all inspectors after ACP on 010106 should be given 5400 GP on 01012010. Hence this interpretation will not hold good. Let the DDO geese may interpret like that. A clarification fron the ministry will resolve the issue.
    Last edited by balajeeva97; 29-09-2008 at 04:45 PM. Reason: to put more sensible

  10. #10
    Junior Member balajeeva97
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    Default grant of 5400 GP for Inspr after 4 years of ACP

    Please visit aiceia.blogspot.com for details.

  11. #11
    Member coolgoose2 is on a distinguished road
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    Wink

    Hi all

    Pl find attached herewith the letter written by the Chief Commissioner of Income Tax Bangalore regarding fixation of ITOs 5400 grade pay after four years of service as ITO. The same principles can be applied in the case of Supdt of Customs and Supdt of Central Excise.

    Try to convince your Commissioner and Association/ Federation for early solution of this issue

    All the best
    Attached Images

  12. #12
    Senior Member jitendraacr is on a distinguished road
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    Default

    All members should come forward with these information which are in the interest of large section of our friends. The post of coolgoose2 should be appreciated. Well done

  13. #13
    Junior Member dsp is on a distinguished road
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    I do not agree with nkjain. since the upgradation to pay scale of 8000 is subject to 4 yrs 'regular service' it should be subject to DPC and since it is promotion from one pay scale to another one increment should be allowable in junior scale as per rule 13 of revised pay rules at the time of upgradation as used to be done in case of ACITs.
    Last edited by dsp; 13-10-2008 at 07:14 AM.

  14. #14
    Junior Member manu is on a distinguished road
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    Smile views of nkjain

    The views expressed by nkjain is totally in agreement with new revised pay rules as well as existing ACP Rules and subsequent clarifications. All superintedents and Inspectors( After ACP) who have completed 4 years in 7500 should have been fixed in 5400 immediatly. No further clarification required. .
    Last edited by manu; 12-11-2008 at 03:17 PM.

  15. #15
    Junior Member manu is on a distinguished road
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    Default clarified

    implementation cell of ministry of expenditure has totally endorsed th eview of mr N.K. Jain see F.No.22/2/2008-Ic-II dated 30.10.2008

  16. #16
    Senior Member badri mannargudi is on a distinguished road
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    Exclamation 5400, four year service - On promotion or after ACP?

    I do not know what NKJain saheb stated originally.
    But I do not agree with Shree Manujee.
    The clarification dated 30.10.2008, Sl No.(1) clearly and unambiguously speaks of Four year Regular Service after PROMOTION. The writing on the wall is loud and clear.
    Promotion is totally different from granting higher scale (on Non Functional Basis) on ACP is different.

    Second and third answer in the RTI Answer may be considered against the respective query.

    With regards.,
    Badri

  17. #17
    Junior Member manu is on a distinguished road
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    Smile F.No.22/2/2008-IC.II

    I am typing the contents
    F.No.22/2/2008-IC.II
    Government of India
    Ministry of Expenditure
    Implementation CELL
    New Delhi, the30 October,2008
    Subject-Application of Shri Rajiv Kumar Shrivastava under RTI Act.

    With reference to the RTI Cell's UO No.3(207)/2008-RTI dated 14th October,2008, the applicant may be informed that
    (1) Four years of regular service rendered in the pre-revised scale of Rs.7500-12500 will counted from the date of promotion in this grade.
    (2) As on 1.1.2006 a Government servant's pay will be fixed in the scale of in which he was placed on that day irrespective of the fact that the scale was granted to him on regular promotion or under ACP.
    (3) Government's decision regarding the introduction of the modified ACP Scheme is to be implemented by DOPT.

    2. This issues with the approval of Director(IC).




    (Renu Karkkar)
    Under Secretary(IC-II)

  18. #18
    Junior Member balajeeva97
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    In central Excise, Inspectors are getting promotion only after putting 17 years of regular service or more. As per the modified ACp second ACp is to be given after completion of 20 years of service. then what's the use of granting GP 5400 after 4 years of regular service as supdt. It should be 4 years regular service in GP4800 or 4 years service in prerevised scale of 7500-13000 and not 4 years of regular service as supdt.In other words it should cover Inspectors who got ACP also. Otherwise it will be use only for examiners, POs and other Central Excise Inspectors(reserved category) who got Promotion after putting 5, 8 and 12-13 years of service plus direct recruit appraiser and technocrats.
    Last edited by balajeeva97; 15-11-2008 at 06:53 PM.

  19. #19
    Junior Member manu is on a distinguished road
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    Smile Both Inspectors or Superintedent will get 5400 after 4 years in S-14 Grade

    dear balajee, either Inspectors or Superintedents who have completed 4 years in grade-S-14 ( Scale 7500-12500) will be fixed in grade pay 5400. It is claified by this reply. why are you confused?
    .

  20. #20
    Senior Member badri mannargudi is on a distinguished road
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    Exclamation inspectors in 1st ACP scale for over 4 years and GP of 5400

    .........and the discussion continues;-
    Friends,
    I am clear and there is no confusion. It is not my intention to view the subject with any coloured glass.
    (The Reply by GOI (to the RTI Queries) refers.
    It may be appreciated that the second and third queries pertained to Second ACP and therefore the replies given on Query number (ii) and (iii) are not relevant to the issue on hand (when will one get Grade pay of 5400?).
    In other words, on, Second ACP every such officer (irrespective whether or Superintendent,but falling short of "Regular service of 4 years") will go over to GP of 5400. ( This position will become apparant when the Modified ACP OM is issued). Here the difference is that there would be an increase of Basic pay by sum of 3% of BASIC plus 3% of Grade pay).

    One technical problem lies here. As superintendent since 2002, October, (inspector 1991 batch), my friend would be getting 5400 since October 2006.- going by the said "RTI Reply". Now what will happen to his second ACP in 2012? Will he get 3 percent increase in Bacic only, or increase of BASIC by 3 % of the sum of Basic plus Grade pay(5400)? I do not see any reason for increasing GP to 6600 (because that would amount to third ACP in so far as Grade Pay is concerned.

    Friends may not but be aware of the basic fact that the reaching 7500 through ACP Route would be different from going over to the scale 7500 through normal promotion.
    (Page 7 of Swamy's Handbook 2008 refers.) The first condition of the benefits under the schme reads that the financial upgradation is granted purely on personal basisand it does not amount to regular promotion.

    Coming to the answer on the first point (of course i do not know the text of the query), GOI has made it clear that the GP 5400 shall be granted to those who have completed 4 year Regular service in the Grade (not in the Scale).
    What I want to request our association is to demand removal of the condition of fixing regular service altogether and we should be given 5400 Grade Pay from 1.1.2006 all functional superintendents as on 1.1.2006.

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