Wednesday, 30 October 2019

Drawal of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016


Drawal of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016

Drawal of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016

No.4-21/2017-IC/ E.IIIA
Government of India
Ministry of Finance
Department of Expenditure


North Block, New Delhi-110001
Dated the 29th October, 2019

OFFICE MEMORANDUM

Subject: Drawal of next increment under Rule 10 of Central Civil Services (Revised Pay) Rules, 2016 – regarding.

The undersigned is directed to refer to para 8(i) of the Ministry of Home Affairs U.O. No. 300/14/Pr.A.O./Admn/ MHA/23/2018-19/456 dated 29.04.2019 seeking clarifications regarding drawal of next increment, referring the instructions contained in Department of Expenditure Office Memorandum No. 4-21/2017-IC/E.IIIA dated 31.07.2018, as to whether an employee promoted or getting financial upgrdation on 01.07.2016 and granted two increments i.e. first annual increment and second promotional increment, is eligible for his next increment after completion of six months period on 01.01.2017 or after expiry of one year period on 01.07.2017.

Also check: 7th Pay Commission Annual Increment for Central Government Employees

2. The matter has been examined in this Department. In terms of the instructions contained in this Department’s above referred O.M. dated 31.07.2018, the employees who are getting promotion/financial upgradation on 1st July and receiving the benefit of two increments i.e. the first annual increment due on 1st July and the second notional increment on account of promotion, will accrue their subsequent increment on the following 1st January, after completion of six months period.

(Ram Gopal)
Under Secretary (E.IIIA)

Also read: Fixation of pay on promotion from the Date of Next Increment (DNI) in the lower post

Grant of 3rd financial upgradation under MACP scheme to superintendents


Grant of 3rd financial upgradation under MACP scheme to superintendents

Grant of 3rd financial upgradation under MACP scheme to superintendents


F. No. A-23011/125/2016-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block, New Delhi.
Dated 9th October, 2019.

To,

All Pr. Chief Commissioners/ Principal Director Generals under CBIC
All Chief Commissioner/ Director Generals under CBIC

Subject: Defending the CAT/Court cases on the issue of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs. 5400/- in PB-2

Sir,

I am directed to forward a copy of order dated 12.04.2019 of the Hon’ble CAT, Ernakulam Bench in OA No. 912/2016 filed by Dileep Kumar with request that the said order may be cited/referred to while defending the CAT/Court cases pending in your Zones/ Commissionerate/ Directorate on the subject of grant of 3rd Financial Upgradation under MACP Scheme to Superintendents who were granted non-functional grade pay in grade pay of Rs. 5400/- in PB-2.

Also check: IMPLEMENTATION OF HONARABLE SUPREME COURT ORDER ON MACP SCHEME – CENTRAL GOVERNMENT EMPLOYEES NEWS

Encl: As above.

Yours faithfully,
sd/-
Under Secretary to the Government of India

O R D E R

Per: Hon’ble Mr. Ashish Kalii; Judicial Member

The applicant joined the service under the respondents as Inspector of Central Excise. He was granted 1st and 2nd financial upgradations w.e.f. 9.8.1999 and 22.6.2008. Later he was promoted to the post of Superintendent of Central Excise w.e.f. 24.9.2002 and as the upgradation – benefits were already given under ACP scheme he was not eligible for any benefits at the time of promotion. The applicant was granted the Grade Pay of Rs. 5,400/- in PB-2 of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years of service as Superintendent. Since the applicant was not granted any further promotion he is eligible for 3rd financial upgradation under the MACP scheme. Applicant submitted a representation to the respondents in this regard. However, the respondents in reply to the above representation given him a copy of the letter dated 18.2.2015 (Annexure A10) stating that since the Pay and Accounts Officer has raised objection in granting financial upgradation under the MACP scheme in the Grade Pay of Rs. 6,600/- to those Superintendents who had been granted the Grade Pay of Rs. 5,400/- in PB-2 on completion of four years service had sought a clarification from the Ministry and further the Hon’ble High Court of Madras has remitted the matter to the Department of Personal, Public Grievances and Pension for fresh consideration with directions to consider the issue in extension. Respondent No. 1 examined the matter and issued Annexure A8 clarification. However, the respondents have denied the benefit of 3rd financial upgradation under the MACP scheme to the applicant on the wrong interpretation of paragraph 81 of Annexure Al OM dated 19.5.2009 (Annexure A3). Being aggrieved the applicant has filed the present OA with the following relief:

Also check: MACP guidance as per recommendations of the 7th CPC

    8.I This Honourable Tribunal may be pleased to declare that the provisions of para 8.1 of Annexure I to the OM No.35034/3/2008-Estt(D) dated 19.5.2009 is not applicable in the case of the applicant and he is eligible for the 3rd financial upgradation in Grade Pay of Rs. 6,600/- in PB- 3 as per the MACP scheme and direct the respondents to grant and disburse to the applicant the financial benefits within a reasonable period as decided by the Hon’ble Tribunal.8.2 This Honourable Tribunal may be pleased to declare that the Grade pay of Rs. 5,400/- in PB-2 granted under the CCS (RP) Rules to the Superintendents of Central Excise on completion of four year service is not a financial upgradation falling under the purview of the MACP scheme.

2. Notices were issued to the respondents. They entered appearance through Shri P.R. Sreejith, ACGSC who filed a detailed reply statement contending that the applicant joined the Department as Inspector of Central Excise on 22.6.1984. He was granted 1st and 2nd financial upgradation under the ACP scheme w.e.f. 9.8.1999 and 22.6.2008 respectively. He was promoted as Superintendent of Central Excise w.e.f. 24.9.2002 and further was granted Grade Pay of Rs. 5,400/- in PB-II in the scale of Rs. 9,300-34,800/- w.e.f. 24.9.2006 on completion of four years service as Superintendent. Respondent No.1 vide letter dated 21.7.2010 has clarified that the benefit of non-functional upgradation granted to the Superintendent (Group-B) officers on completion of 4 years of service would be treated/viewed as an upgradation in terms of paragraph 8.1 of Annexure to OM dated 19.5.2009 (Annexure A3) and the same would be offset against one financial upgradation under MACP scheme. The applicant was granted Grade Pay of Rs. 5,400/- in PB-II as non-functional upgradation w.e.f. 24.9.2006 and was afforded the benefit of fixation of pay under FR 22. The respondents would submit that the post/grade at S-15 has been placed at PB- II with Grade Pay of Rs. 5,400/- and next higher grade pay in the hierarchy of the recommended revised pay band and grade pay is PB-III with Grade Pay of Rs. 5,400/-. Paragraph 8.1. of Annexure of MACP scheme provides that consequent upon the implementation of the 6th CPC’s recommendations, grade pay of Rs. 5,400/- is now in two pay bands viz., PB-2 and PB-3. The grade pay of Rs. 5,400/- in PB-2 and Rs.5,400/- in PB-3 shall be treated as separate grade pays for the purpose of grant of upgradation under MACP scheme. The non-functional Grade Pay of Rs. 5,400/- granted to the applicant in PB-II after completion of 4 years regular service as Superintendent is to be treated/viewed as an upgradation in terms of respondent No. 1 clarifications. The respondents further contended that the judgments/orders relied on by the applicant is not applicable to the facts and circumstances of the present case. Respondents pray for dismissing the OA.

3. We have heard the applicant who appeared in person and the learned Central Government counsel appearing for the respondents in the matter. We have also perused the argument notes submitted by the applicant. Perused the records.

4. It is also undisputed that the Superintendents of Customs and Central Excise are having two Grade Pays in PB-2 i.e. one with Grade Pay of Rs.4800/- and another with Grade Pay of Rs 5400/-. The officials become entitled to Pay Band 2 with Grade Pay of Rs.5400/- only after they complete 4 years of service as Superintendents in the Grade Pay of Rs.4800/-.

5. MACP Scheme has brought systemic changes to the then existed ACP Scheme. Both the Schemes were to alleviate the drudgery of lack of promotional avenues of the government servants for a long time. Under the ACP Scheme, financial upgradation in the promotional scale were given on completion of 12 years and 24 years respectively without promotion whereas in the MACP scheme three financial upgradations counting from a direct entry grade on completion of 10, 20 and 30 years respectively whenever a person has spent 10 years continuously in the same Grade Pay. The MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the hierarchy of recommended revised Pay Bands under the CCS (Revised Pay) Rules, 2008. It is also to be noted that the Grade Pay at the time of financial upgradation under the MACP Scheme 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 and in such cases the higher Grade Pay attached to the next promotion post in the hierarchy of the concerned cadre will be given only at the time of regular promotion. It is further to be noted that the Grade Pay of Rs.5400/- is now in two Pay Bands viz; PB2 and PB3. Para 8.1 of the MACP Scheme states:

    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.

6. Grade Pay of Rs.5400/- is given to Superintendents of Central Excise, on completion ·of their 4 years’ service in PB-2 with Grade Pay of Rs.4800/-. Applicant joined the service as Inspector 22·06.1984 and he was granted 1st ACP benefits in the grade of Superintendent i.e. PB-2 Rs. 9,300-34,800/-­ plus Grade Pay of Rs. 4,800/-. Later he was promoted as Superintendent of Central Excise w.e.f. 24.9.2002. Since the applicant was already granted 1st financial upgradation under ACP scheme he was not eligible for any benefits at the time of promotion. However, on completion of four years service as Superintendent applicant was granted non-functional upgradation in PB-2 Rs. 9,300-34,800/- plus Grade Pay of Rs. 5,400/- w.e.f. 24.09.2006. The applicant was granted 2nd financial upgradation under the ACP scheme w.e.f. 22.06.2008 on completion of 24 years of service in PB-3 Rs. 15600-39100/-­ with Grade Pay of Rs. 5,400/-. Therefore, the applicant has been granted three financial upgradations as stated above. The respondents contend that the placement of the applicant in the Grade Pay of Rs.5400/- in Pay Band 2 under NFG (non-functional upgradation) has to be treated as a separate Grade Pay for the purpose of grant of upgradation under the MACP Scheme.

7. Financial upgradations under the schemes of ACP and MACP are policy decisions of the Government of India and they are to be implemented strictly in terms of the schemes. Any interpretation inconsistent with the scheme cannot be acceded to Paragraph 8.1 of the MACP scheme as quoted above which in unambiguous terms state that Grade Pay of Rs.5400/- in PB- 2 and the Grade Pay of Rs.5400 in PB-3 are to be treated as separate Grade Pays for the purpose of grant of financial upgradation under the MACP Scheme. In the 6th CPC revised pay structure after completion of 4 years of service in the PB-2 with Grade Pay of Rs. 4,800/- a higher Grade Pay of Rs.5400/- is granted in Pay Band-2 itself. As per para 8.1 of the MACP scheme such placement in higher Grade Pay has to be treated as a separate Grade Pay for the purpose of MACP Scheme. Therefore, the applicant had already undergone 3 financial upgradations. Hence now the applicant cannot be considered for the 3rd financial upgradation as it would be contrary to the MACP Scheme. Ignoring the granting of non-functional Grade Pay of Rs.5400/- in PB-2 for the purpose of MACP is not in accordance with the government policy and hence is not correct.

8. In the light of the above discussion, we hold that there is no merit in the above Original Applications. The Original Application is dismissed. Parties shall suffer their own costs.

CGA - Revised requirements for the registration of former Government officials who are ready to work as consultants


CGA - Revised requirements for the registration of former Government officials who are ready to work as consultants

No. G-25014/10 1/2018-19/ M F.CGA /IAD/491-529
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: 11/10/2019

CORRIGENDUM

Subject: Revised terms and condition for the enrolment of retired Government officials willing to be worked as consultant

In continuation of this office OM No. G-25014/13/20 I 5- I 6/M F.CGA/IAD/250-288 dated 08.07.2015 regarding revised proforma and terms and conditions for the enrolment of retired Govt. officers willing to work as consultant, the following term s and condition may be read as

i. Serial Number 2:

“A retired official will be eligible for enrolment as consultant within one year from the date of retirement” and

Also check: Revised proforma for the enrolment of retired Government officials willing to be hired as consultants – CGA Orders

ii. Serial No. 14(a)

“The consultant must not assign or sub-contract any part of the services”.

As such the retired Govt. servant has to apply for enrolment or his name as consultant within one year of his retirement failing which his request will not be considered for enrolment. However prescribed proforma and other terms & conditions envisaged in the above OM dated 08.07.2015 will remain same.

This issues with the approval of the Controller General of Accounts.

(Mohan Deep)
Sr. Accounts Officer (IAD)

To,

  1.     All Pr.CCAs./CCA s/CAs/FC (holding independent charge)
  2.     The Sr. Accounts Officer, ITD Sect ion, Office of CGA for uploading at CGA’s website under IAD icon.
CGA - Revised requirements for the registration of former Government officials who are ready to work as consultants

 Source: CGA

Eligibility of Person with Disabilities (PwD) candidates to appear in LDCE for Inspector Posts


Eligibility of Person with Disabilities (PwD) candidates to appear in LDCE for Inspector Posts

Eligibility of Person with Disabilities PwD candidates to appear in LDCE for Inspector Posts


No. 7-17/2008-SPN-II
Government of India
Ministry of Communications
Department of Posts
(Personnel Division)
Dak Bhawan, Sansad Marg
New Delhi – 110 001
Dated: 18th October, 2019
To,
  1. All Chief Postmasters General / Postmasters General
  2. Chief General Manager, BD Directorate / Parcel Directorate / PLI Directorate
  3. Director, RAKNPA I GM, CEPT I Directors of all PTCs
  4. Addl. Director General, Army Postal Service, New Delhi
  5. All General Managers (Finance) / Directors Postal Accounts / DDAP
Subject: Eligibility of Person with Disabilities (PwD) candidates to appear in LDCE for Inspector Posts.

Sir/Madam,
I am directed to refer to above mentioned subject and to say that vide Department’s O.M. no. 12-10/2017-SCT dated 01st April, 2019, post of Inspector Posts has been identified suitable for Persons with following benchmark disabilities
Low Vision (LV,), Hard of hearing (HH), One Arm (OA), One Leg (OL), One Ann and One Leg (OAOL), Lep1·osy cured, Dwarfism, Acid attack victim. Multiple disabilities from amongst disabilities mentioned above.
Prior to identification of Inspector Posts suitable for PwD, such candidates were not allowed to appear in the LDCE for Inspector Posts. However, with identification of Inspector Posts suitable for PwDs, it has been decided to allow PwD candidates with identified disabilities to appear in LDCE for Inspector Posts. However, It may be noted that at present reservation is not available to PwD candidate for promotion to higher level posts.

Also check: Grant of benefit of pay fixation at time of promotion to Inspector posts

This may be brought to the notice of all concerned.
Yours faithfully,
(Muthuraman C)
Assistant Director General (SPN)

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