DOPT : Seeking data about fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP
MOST IMMEDIATE
No.25/7/2019-CS.II (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Dated: 27th August, 2019
OFFICE MEMORANDUM
Subject: Seeking data regarding fixation of pay at the time of regular promotion / grant of NFSG in respect of officials who are already granted the benefit under MACP Scheme -regarding
The undersigned is directed to refer to this Department’s OM No. 12/2/2015- CS.II(B) dated 16.11.2015 and OM No. 12/3/2016-CS.II(B) dated 19.07.2016 wherein the SSAs of SL-2003(Extended) and SSAs of SL-2004-2009 were granted NFSG and promoted subsequently to the grade of Assistant Section Officer on ad-hoc basis. It has come to notice that a large number of Ministries / Departments have fixed the pay of the SSAs belonging to CSCS in the following manner:-
| S.No. | Situations | Pay fixation on NFSG | Pay fixation on next promotion as ASO |
|---|---|---|---|
| (a) | SSAs without the benefit of MACP (with Grade Pay of Rs. 2400/-) |
One increment @ 3% was granted and pay fixation in GP of Rs.4200/- |
One increment @3% was granted and pay fixation in GP of Rs. 4600/- |
| (b) | SSAs with the benefit of MACP (with Grade Pay of Rs.2800/-) |
One increment @ 3% was granted and pay fixation in GP of Rs. 4200/- |
No increment was granted. Only, the difference in GP(i.e. 4600-4200=40 0) was allowed. |
2. The matter has been examined in consultation with Establishment Division, DoP&T in the light of the OM No. 35034/3/2008-Est(D) dated 04.07.2017 modifying the para 4 of Annexure-I of the OM dated 19.05.2009, which is as under:-
“Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion / grant of Non Functional Scale, if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion / grant of Non Functional Scale, if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. At the time of such regular promotion I grant of Non-Functional Scale to the higher grade pay than what has been given under MACPS, the employee shall have the option to draw the difference of Grade Pays from the date of such regular promotion I grant of Non-Functional Scale or the date of accrual of next increment in the pay allowed under MACP”
3. As every financial upgradation including Non-Functional upgradation (NFS/NFSG) is treated as an offset against financial upgradation under MACP and also keeping in view the fact that the spirit of the para 4 of MACP was to disallow the double benefit of pay fixation, is stated that practice followed by Ministry/Department for pay fixation as shown in the table against si. no. (b) in para 1 above is erroneous. Therefore, the pay should be fixed in the following manner:-
| Sl. | Situations | Pay fixation on NFSG | Pay fixation on next on next as ASO |
|---|---|---|---|
| (a) | SSAs without the benefit of MACP i.e.with Grade pay of Rs. 2400/- |
One increment @ 3% is to be granted and pay should be fixed in the GP of Rs. 4200/- |
One increment @ 3% is to be granted and pay should be fixed in GP of Rs. 4600/- |
| (b) | SSAs with the benefit of MACP i.e. with Grade pay of Rs. 2800/- |
No increment should be granted. Only the difference in GP (i.e. 4200-2800=1400), should be allowed. |
One increment @ 3% is to be granted and pay should be fixed in GP of Rs. 4600/- |
4. In view of above, all the cadre units of CSCS are requested to take necessary action as advised in the para 3 above. Simultaneously, they are also requested to send the information as per the format given in the Annexure-I to this OM for further examination of the issue of recovery of pay for taking a view at this end. The information may be sent latest by 09.09,2019 positively. In case of no information, ‘Nil’ report is required to be sent by the stipulated date,
(Vasanthi V Babu)
Under Secretary to the Govt. of India
Telefax: – 24623157
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R.K.vishwakarma says
Whether the benefit of fixation of grant of one increment would also be applicable to the SOs & PSs who were granted NFSG after completion of four years, in 2003? Pl clarify the position.
Mahesh chand says
Mere grade pay 1900 rupaye aur 20 sal bad promotion per kitne ki milegi
M.K.Kumar says
This site is not an Astrologer. It depends abone your work and as per your basic pay and granted increments on the appraisers & your bench marks.
RAM GOPAL says
Sir,
I am herewith submitting the following details/ facts of my case:
1)-That the undersigned retired as Assistant Engineer from the office of Additional Director General (Engineering) (R&D), AIR & Doordarshan,14-B, Ring Road, I.P. Estate, New Delhi-110002 on dated 30.04.2015 with last pay drawn Gross Pay Rs. 97,285/-for the month of April, 2015 which included basic Pay Rs. 37230/ and Grade Pay Rs. 5400/- as well as DA -Rs 42070/-, HRA –Rs.11169/-and T.A -Rs.6816/- in the pay scale of Rs. 15600-39100, PB-3, GP Rs. 5400/-as running at the time of retirement, wherein the total deduction of Rs. 385/- is made towards the CGEGIS –Rs. 60/- and CGHS Rs. 325/- which is as per the last pay receipt Pay Bill No. E-27, Dtaed 24.04.2015.
2)-That office, despite release pensionary benefits on my retirement in accordance to the Department of Pension & Pensioners’Welfare O.M.1/27/2011-P&PW(E), dated 07.05. 2014-“Simplification of Pension Procedure”,as mentioned by Directorate of AIR New Delhi through their letter No. 14/12/2015-S-IV(B)/247, dated 03.06 2015 also under signature of Shri N.P. Joshi, Director (admn.-II),has started harassment in respect of undersigned through in ways by raising unnecessary objection and correspondence,which made by office between Dte’s AIR, S-IV(B) Section, PAO:AIR , IWSU etc after my retirement,while clearcut instruction is given in DOP&PW(F),O.M.,dated 07.05.2014 to release pensionary benefits of retiring,eventhough the pay fixation is erroneous or ambiguous.The case of Smt. Kamlesh Kumar Sharma AE retired ,is the proof,who retired on dated 31.03.2015 from my same office,who similarl placed to undersigned in post, cadre, pay scale and benefit of MACP etc, got the Pension payment Order on same day of retirement i.e. 31.03.2015.
3)-That no delay was thus required to be made for release of my pensionary benefit /pension payment Order based on the last pay drawn on retirement (dated 30.04.2015),as pension papers completed duly in all rspects in accordance to the O.M.1/27/2011-P&PW(E), dated 07.05.2014-“Simplification of Pension Procedure”, had been submitted in time to the office alongwith undertaking,as mentioned also by my office in its enquiry report ,which submitted by office through letter No. RD(ADMN.)21 (16)/2012/1002-03, dated 20.07.2015 to DG:AIR.
4)-That reduction of pensionary benefits made through re-fixing the pay of undersigned in lower pay scale under such situation,when pre-check/Audit of pay /verification,which made by Competent Authority of Parsar Bharati and certificate attached in Form 24 under 32 CCS (Pension) Rules under signature of Head of Office of Parsar Bharati, Broadcasting Corporation of India,Pay and Accounts Office (AIR), Akashvani Bhawan, New Delhi as per their letter No. PA-I/ AIR/ S/V/27752/3300, dated 19/08/2006 at Page No.17 in Service Book for which letter of confirmation issued to undersigned by the O/o Chief Engineer (North Zone), All India Radio and Doordarshan, Jamnagar House, New Delhi as per letter No. 21/(32)/RG/98-S/ Admn.I, dated 20. 11. 2006 under signature of Shri Dasai Sah, Deputy Director (Admn.) for the purpose of pension after having been examined the posts and pay scale in respect of undersigned in different cadre/ post as EA, Sr EA and AE as per 4th, 5th and 6th CPC Report, as shown at Page No. 22, is legitimately wrong.
5)-That having not been received any retirement benefit till 15th July, 2015 and thereby harassment by the office, undersigned filed petition No. 2793/2015 on dated 31.07.2015 in the hon’ble Principal Bench, Central Administrative Tribunal, New Delhi. Seeing the said petition, filed by undersigned on dated 31.07.2015, the office of ADGE(R&D), AIR & DD, New Delhi, came in action and re-fixed/reduced the pay of undersigned deliberately in lower pay scale with Grade Pay Rs. 4800, PB-2, Scale Rs. 9300-34800 from the pay, which exised at the time of retirement, i.e. Pay scale of Rs.15600-39100, PB-3, Grade Pay Rs. 5400, to which I also drawn last pay from office as per Pay Bill No. E-312, dated 21.01. 2015.The letter of pay fixation was also sent to undersigned by office after July, 2015 otherwise it could have been mentioned in the petition itself by the undersigned.
6-That office shown the pay fixation Order No. RD(ADMN.)-21(16)/2012/424, dated 23/06/2015 to have been made on dated 23.06.2015 and thereby Pension Payment Order No. PAO/AIR.ND/PENSION/571, dated 26/06/2015, while Parsar Bharati issued a copy of order No. PB-4(4)/2014-admn., dated 23.06.2015 specifically in respect of undersigned before the date of re-fixing the said pay fixation to PAO AIR New Delhi to settle out the pensionary benefits on the basis of last pay drawn. Moreover, Parser Bharati New Delhi has issued order related to non-recovery of pay /pensionary benefits in respect of retired/ retiring employees as per their prior order of even No. and dated 19/02/2015.
7- That office has released the retirement Gratuity of Rs. 9,90,000/- on dated 11/09/2015 as per their letter No. RD(AC)-24(1)/2015/1007, dated 11.09.2015, which is less by Rs.1000/-to the eligible amount. Again, the office has released commuted pension at reduced Grade Pay Rs. 4800/- on dated 10/09/2015 as per letter No. RD(AC)-24(1)/2015/1002, dated 10.09. 2015. Thus both the abovesaid payments released without interest by ignoring the DOP& PW (F), O.M. No.38/34/ 2001-P&PW(F), dated 29/04/2002, and subsequest O.M. No.7/20/89-P. P&PW(F), dated 22/01/1991, O.M. No. 38/116/93-P.&PW(F), dated 02/05/1994, O.M.No. 38/64/98-P&PW(F), dated 01/05/2012.
8-That office released remaining payment of leave encasement and Group Insurance after a period of more than one year as per their letter No. RD(AC)-24(1)/2015/1654, dated 10/05/2016, which based on the reduced Grade Pay Rs. 4800 and that is too without the payment of interest for the delayed period, while delay was on the part of administrative staff due to correspondence made which is the lapse on part of administration despite undersigned.
9- That office submitted Counter affidavit on dated 20.11.2015 in the Central Administrative Tribunal, Principal Bench, New Delhi stating therewith release of the abovesaid payment in respect of undersigned as well as another Counter affidavit on dated 27/07/2016 requesting to the honourable judge humbly to dismiss the said petition No. 2793/2015 of undersigned on account of Parsar Bharati Order No. M-1/128/2014-PPC, dated 03.06.2016 as issued by Parsar Bharti New Delhi to all concerned offices under Parsar Bharati / Ministry of I&B, New Delhi in the concurrence of DOPT OM. No.18/3/2015-Estt(Pay-I), dated 02/03/2016 due to judgement of the honourable Supreme Court of India regarding non-reduction of pay /pensionary benefits of retiring/ retired .Since,no any action has been taken by the office in this regard in respect of undersigned,while staff working in service who in organization till yet with said benefits of MACPs and Upgradation granted through dated 25/02/1999, has not been touched,while undersigned has retired..
10- That it may not be out of place to mention here that such delay is not made by office in respect of Smt. Kamlesh Kumar Sharma AE, who retired from my same office under similarly placed position to me in cadre, post, pay scale, relevant rules relating to the pension Scheme which implemented under the same organization and Ministry. Smt Kamlesh Kumar AE, has been paid full payment of the pensionary benefits without reduction of the pensionary benefits. Not only this, but Shri H.N. Navrang Assistant Engineer also,who retired from the office of ADGE(NZ), AIR& DD, New Delhi and under similarly placed position to me in cadre, post, pay scale, has got full pensionary benefits without reduction of pensionary benefits.
11- That office has not implemented any order, which issued by Parsar Bharati in the matter of non-recovery of pay /pensionary benefits in respect of undersigned.This is the reason that office/ DDO/PAO New Delhi re-fixed the pay of undersigned deliberately in lower pay scale after retirement of undersigned ignoring all Order No. PB-4(4)/2014-Admn., dated 23.06.2015, issued specifically in respect of undersigned, order of even No. dated 19.02.2015, etc issued in general to all retired /retiring employees. The disobedience of abovesaid order is in addition to the O.M.1/27/2011-P&PW(E), dated 07.05. 2014-“Simplification of Pension Procedure”.
12-That Directorate of AIR has asked the comments as per letter No. 14/12/2015-S. IV(B), dated 08.07.2015 from my office, wherein Shri R.S. Negi, Drawing and Disbursing Officer O/o ADGE (R&D), AIR & Dooredarshan New Delhi has submitted comments/report as per their letter No. RD (ADMN.) 21 (16)/2012/919, dated 20.07.2015 consisting of the points 1 to 13. The report itself has a conspiracy,which noticed by Dte;s AIR , due to which Directorate of AIR has issued OrderNo.14/12/2015-S-IV(B)/338, dated 28/07/2015 under signature of Shri Ajai Kumar K.P., Deputy Director Adminiatration (Engineering) consisting of the directives issued to Shri Ravinder Singh Negi,Drawing and Disbursing Officer to make direct liaision with Pay and Account Officer regarding to settle the pensionary benefits in respect of undersigned on the basis of order No.14/12/2015-S-IV(B)/247, dated 03.06.2015, and order of even No.,dated 19/05/2015 , dated 22.05.2015.
13- That Directorate of AIR has intimated to undersigned also as per their letter No. 4/41/2015-S. IV(B)/391, Dated 20.08.2015 mentioning therewith that it,(Administration Cell S-IV(B) Section), New Delhi, has not issued any order to my office to reduce /re-fix the pay of undersigned in lower pay scale after my retirement.
14- That undersigned got pensionary benefits on reduced Grade Pay Rs. 4800 /-, and getting less pension with effect from the date of retirement, i.e. 01.05.2015 till date, while undersigned is entitled to get the same on the basis of last pay drawn alongwith interest for the delayed payment either paid earlier or be paid in future as per the O.M., which issued by DOP&PW(F) time and again as well as admissible on GPF Deposits.
15- That office, despite implement the O.M. No. 1/1/2008-IC, dated 30.08.2008, issued by Ministry of Finance, Department of Expenditure, New Delhi regarding to release amount of pay arrears /pension arrears without pre-check/audit of pay fixation, continued to make correspondence between office to office like Dte’s AIR S-IV(B) Section New Delhi ignoring Dte’s Order No. 14/12/2015-S-IV(B)/338, dated 28/07/2015 as noticed with the offices of PAO AIR , IWSU etc,while undersigned entitled to get pay arrears for the period from f01.01.2006 till 31.08.2008,, the date of MACP-II, granted in pay scale of Rs. 9300-34800, PB-2, G.P. of Rs. 5400 as well as amount of pension arrears pending for period from 01.05.2015 till date due to Non-functional Upgradation scale Rs. 9300-34800, PB-2, G.P. of Rs. 5400.
16)- That undersigned has made many requests to the Ministry of Information and Broadcasting New Delhi including DOPT, DOP&PW, etc but the matter has not been solved till date. It would be grateful to your kind guesture, if kindly let me know about your earliest decision in this matter. Thanking you,
Yours faithfully
(Ram Gopal)
Assistant Engineer-Retired
K-293, Sarita Vihar,
New Delhi-110076
MANJULA says
Sir,
I joined in 1984 as Steno gde III. In 1994 only the designation has been changed to PA ‘C ”.only in 2016 I have been promoted as P.S. without any financial benefit since I have crossed three MACPS . My grade pay from 2014 is Rs.4800/- . After 4 years of regular service the grade pay would be changed to Rs.5400/- . This will not be applicable to me.. Kindly let me know.
M.K.Kumar says
This is to inform you that as per the 7th CPC Report in para 7.6.17 it will covers 6th CPC pay scale of ₹ 8000-13500 after 4 years PB2. Your pay scale may be in 6th CPC ₹ 7500-12000 it will not covers GP 5400.
M.Anooradha Pradeep says
Sir,
I am M.Anooradha Pradeep, PS-2, working in FA&CAO/T’s office/SCR.
I like to bring to your notice the discrepencies in stenos cadre, their scale pays and their designations.
Stenographers cadre on All Indian Railways is completed neglected right from 5th PC scales. 3rd and 4th PC scales have intermediate grades depending on seniority and were designated as Jr.stenos/Sr.Steno/CA/PA/PA+ . Also stenos grades were higher than that of clerical cadre in Accounts and just because of higher grade pay of stenos, I happened to choose stenos cadre in 1983. But in stenos cadre i lost my entity and grade and put to loss mentally, financially – as 38 yrs of service and 10 years service all are now in same grade pay and called as steno-I or PS-2.
I would like to have guidance and justice in my case atleast Sir.
My DOA is July 1983 as Jr.Typist. in FA&CAO’s Office/SC
Change of Cadre in May. 1983 as Jr. Steno in same office
Promoted in Sept. 1991 as Sr. Steno in same office
Since 1991 till 2019 for 28 years I am in the same post as Steno/Sr.steno-I
In 2008, I was given 5500Grade in MACPC, later revised GP is 4600.
From 2012 to 2016, though vacancies exist, stenos were not promoted to higher scales, In Dec.2016 thr’ regular promotion I was given just change of designation as PS-2 in the same grade pay 4600.
I am not getting 4800 GP, becoz my change of cadre from typist is steno is counted as one promotion in my 38 years of service.
But MACPC rules say entry cadre of the post,, repeat entry cadre of the post, repeat post, but CPO office also refuses my stand.
Kindly guide me and help in getting justice .
Thanking you Sir
yours faithfully
M.AnooradhaPradeep
M.K.Kumar says
This is to inform you that you got upgradration of basic pay as from 1) Jr.Typist to Jr.Steno. 2) Jr.Steno. to Sr.Steno 3) 3rd MACP from 2012 onwards GP 4600 (7th CPC LEVEL 7,) so as per the rules one has to get 3rd upgradrations upto 30 years on completion of service you full filled it until your retirement.