DA from July 2019 to the CDA pattern employees of CPSEs on 6th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2019
F.No.2(54)/08-DPE (WC) -GL-XXV/19
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan,
Block 14, CGO Complex, Lodi Road,
New Delhi-110003, the 29th October, 2019
OFFICE MEMORANDUM
Subject :- Payment of DA to the CDA pattern employees of CPSEs on 6th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2019.
The undersigned is directed to refer to Para No. 2 and Annexure-III to this Department’s O.M. dated 14.10.2008 wherein the rates of DA payable to the employees of CPSEs who are following CDA pattern pay scales had been indicated.
2. The DA payable to the employees may be enhanced from the existing rate of 154% to 164% with effect from 01.07.2019.
3. The payment of Dearness Allowance involving fractions of 50 paise and above may be rounded off to the next higher rupee and the fractions of less than 50 paise may be ignored.
4. These rates are applicable in the case of CDA employees whose pay have been revised with effect from 01.01.2006 as per DPE O.M. dated 14.10.2008.
5. All administrative Ministries/Departments of Government of India are requested to bring this to the notice of Central Public Sector Enterprises under their administrative control for necessary action at their end.
DA from July 2019 to the CDA pattern employees of CPSEs on 5th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2019
No.2(42)/97-DPE (WC) – GL-XXVI/19
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan,
Block 14, CGO Complex, Lodi Road,
New Delhi-110003, the 29th October, 2019
OFFICE MEMORANDUM
Subject :- Payment of DA to the CDA pattern employees of CPSEs on 5th CPC pay scales governed by HPPC recommendations w.e.f. 01.07.2019 – reg.
The undersigned is directed to refer to Para No. 2 and Annexure-III to this Department’s O.M. dated 24.10.1997 wherein the rates of DA payable to the employees of CPSEs following CDA pattern pay scales, who are governed by HPPC recommendations had been indicated.
2. In continuation of this Department’s OM of even number dated 12.03.2019, the rates of Dearness Allowance payable to the employees of CPSEs governed by the recommendations of HPPC, which have not revised their pay scales in terms of DPE O.M. No. 2(54)/2008-DPE(WC) dated 14.10.2008 may be as follows:-
a) In case of CPSEs who have not allowed the benefit of merger of 50% of DA with basic pay as contained in DPE O.M. dated 24.05.2005 to their employees, the DA payable may be enhanced from existing rate of 345% to 362% w.e.f. 01.07.2019.
b) In case of CPSEs who have allowed the benefit of merger of 50% of DA with basic pay as contained in DPE O.M. dated 24.05.2005 to their employees, the DA payable may be enhanced from existing rate of 295% to 312% w.e.f. 01.07.2019.
3. The payment of Dearness Allowance involving fractions of 50 paise and above may be rounded off to the next higher rupee and the fractions of less than 50 paise may be ignored.
4. All administrative Ministries/Department of Government of India are requested to bring the foregoing to the notice of the Central Public Sector Enterpr under their administrative control for necessary action at their end.
PFRDA permitted now Overseas Citizen of India to enroll in NPS at par with Non-Resident Indians
Pension Fund Regulatory and Development Authority (PFRDA) has now permitted Overseas Citizen of India (OCI) to enroll in National Pension Scheme (NPS) at par with Non-Resident Indians vide Circular No: PFRDA/2019/19/PDES/3 dated 29th October 2019. The Government vide notification S.O. 3732(E) dated 17th October, 2019 on Foreign Exchange Management (Non-debt Instruments) Rules, 2019 of Dept. of Economic Affairs, has specified that an OCI may subscribe to the National Pension System governed and administered by PFRDA, provided such person is eligible to invest as per the provisions of the PFRDA Act and the annuity/accumulated saving will be repatriable, subject to FEMA guidelines.
Contributions made towards NPS are eligible for an additional tax deduction under section 80CCD(1B) upto Rs. 50,000 which is over and above the Rs 1,50,000 limit of deduction available under sec 80CCD(1). In the Union Budget 2019, the tax exemption limit for lumpsum withdrawal on exit/maturity from NPS has been increased from the present 40% to 60% under section 10(12A) of the IT Act and the remaining 40% of the corpus is already tax-exempt as it is mandatorily utilized for annuity purchase.
About PFRDA:
Pension Fund Regulatory and Development Authority (PFRDA) is the statutory Authority established by an enactment of the Parliament, to regulate, promote and ensure orderly growth of the National Pension System (NPS) and pension schemes to which this Act applies. NPS was initially notified for central government employees joining service on or after 1st Jan 2004 and subsequently adopted by almost all State Governments for its employees. NPS was extended to all citizens of Indian on voluntary basis from May 2009 and to corporates in December 2011 and to Non-Resident Indians in October 2015.
As on 26th October 2019, the total number of subscribers under NPS and Atal Pension Yojana has crossed 3.18 crores and the Asset under Management (AUM) has grown to Rs. 3,79,758 crores. More than 66 lakhs government employees have been enrolled under NPS and 19.2 lakhs subscribers have subscribed to NPS in the private sector with 6,812 entities registered as corporates.
PFRDA in its endeavor to promote and develop NPS has taken several initiatives towards increasing the pension coverage in the country. Now, any Indian citizen, resident or non-resident and OCIs are eligible to join NPS till the age of 65 years.
Grant of one time relaxation to the Central Govt. Employees who have availed LTC-80 and travelled by air by purchasing ticket from authorities other than authorized agents
IMMEDIATE
No.3/1/2019- JCA (Pt)
Government of India
Department of Personnel & Training
Establishment (JCA) Section
North Block, New Delhi – 110 001
Dated : October, 2019
OFFICE MEMORANDUM
Subject : Grant of one time relaxation to the Central Govt. Employees who have availed LTC-80 and travelled by air by purchasing ticket from authorities other than authorized agents:
The undersigned is directed to forward herewith a copy of letter no. NC-JCM-2019/DOPT(LTC) dated 26/09/2019 received from Secretary, Staff Side, National Council (JCM) addressed to the Secretary (Personnel) on ‘Grant of one time relaxation to the Central Govt. Employees who have availed LTC-80 and travelled by air by purchasing ticket from authorities other than authorized agents”. The above was discussed during the Standing Committee meeting of the National Council (JCM) held on 7-3-2019.
2. It is requested that Establishment (A-IV) Division, DOPT, may provide the Action Taken Statement to enable this Division to take appropriate action at earliest.
3. This issues with the approval of the competent authority.
Increment on Promotion – DNI under Rule 10 – FINMIN
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.
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.
Preference to Casual Labourers in selection to GDS posts – Kamlesh Chandra Committee Implementation
No.17-31/2016-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)
Dak Bhawan, Sansad Marg.
New Delhi-110m 001
Dated: 30.10.2019
Office Memorandum
Subject : Implementation of recommendations of Kamlesh Chandra Committee on giving preference to Casual Labourers in selection to GDS posts-reg.
The undersigned is directed to refer to para 14.26 of GDS Committee on giving preference to Casual Labourers in selection to GDS posts. The Committee observed that, the scheme of employing casual labourers is not in vogue from 01.09.1993 onwards and those eligible among those who were selected before 01.09.1993 would have been selected to eligible posts by now. Department has earmarked 25o/o of vacancies for them for recruitment as Multi Tasking Staff in Post/Mail Offices as per Recruitment Ru1es. The committee is of the view that there is no necd to notify GDS vacancies to Casual Labourers as of now. Such a provision will indirectly pave the way for backdoor entry of ineligible candidates to GDS service. Department may examine this aspect.
2. The matter has been examined and following orders are issued:-
(i) As per the scheme for Casual Labourers (Grant of Temporary Status and Regularisation, temporary status is granted to those Casual Labourers who were in employment as on 10.09.1993, subject to fulfillment of certain conditions. Such Casuai Labourers who complete 13 years of service are to be treated at par with temporary MTS employees and are entitled to various benefits viz. leave, holidays, CGEGIS, GPF, Medical aid, LTC etc. and counting of temporary service after regularization for retirement benefits. Further, engagement of Casual Labourers is not permissible after the cutoff date.
(ii) There is already provision in the Recruitment Rules of MTS 2018 issued vide Directorate letter no.37-33/2009-SPB-I dated 27th August 2018 giving preference to Casual Labourers for regularization in service on seniority basis. Department has earmarke d. 25Yo of vacancies for Casual Labourer. If Casual Labourers are engaged as GDS, there may be a scenario wherein a Casual Labourer, who was about to get regularized as per the Recruitment Rules 2018 of Multi Tasking Staff, may not be considered for regularization as MTS.
(iii) In view of the above, it has been decided by the Competent Authority that, GDS vacancies should not be notified for Casual Labourers from the date of issue of this OM.
3. The above instructions will come into effect from the date of issue of this O.M
4. . Hindi version will follow
(SB Vyavahare)
Assistant Director General (GDS/PCC)
The Punjab Government has hiked its monthly matching contribution for employees under the New Pension Scheme from 10% to 14% of Basic Pay + Dearness Allowance (DA), in line with the decision of the Government of India.
The decision has been taken by the Punjab Cabinet, led by Chief Minister Captain Amarinder Singh, and is in tandem with the notification issued by the Ministry of Finance, Department of Financial Services, GoI, on January 31, 2019.
In another pro-employee initiative, the Cabinet also approved the benefit of Death-Cum-Retirement Gratuity to all the employees of state government recruited on or after January 1, 2004 and covered under the New Pension Scheme.
The Cabinet also gave ex-post facto approval for action taken by the Department of Finance with the request to allow implementation of the benefit of ex-gratia to the dependents of employees recruited on or after January 1, 2004, who die in harness.
Payment of TRCA on Sundays/ Holidays to the GDS working against vacancies in Postman / Mail Guard/ MTS Cadre
No.23-01/2019-GDS
Government of India
Ministry of Communications
Department of Posts
(GDS Section)
Dak Bhawan, Sansad Marg,
New Delhi – 110001
Dated: 23.10.2019
Office Memorandum
Subject :- Payment of TRCA on Sundays/ Holidays to the GDS working against vacancies in Postman / Mail Guard/ MTS Cadre.
In the present set up, Gramin Dak Sevaks are working against the vacant post of Postman/ Mail Guard/ MTS in departmental offices. As per Directorate order no. 47-19/90-SPB-II dated 23.04.1992 regarding grant of paid National Holidays to GDS when appointed against the leave vacancy of regular Postman/ Mail Guard/MTS, these GDS are getting salary for Sunday, if they continuously works for 6 days. Similarly, GDS are also getting 3 National Holidays if it falls on working day, provided he/she works on both the preceding/succeeding working days to the National Holidays. However, no extra payment on account of National Holidays will be made to persons working substitutes of GDS in view of fact that payment of remuneration to GDS is made on monthly basis.
2. Similarly, GDS substituting in Postman/Mail Guard/MTS vacancies are deprived of Productivity Linked Bonus for the period of officiating as Postman/Mail Guard/MTS is on the pretext that they are on Leave Without Allowance.
3. For substitutes, as per Directorate orders no.17-07/2019-GDS dated 09.10.2019, substitutes of GDS who have works in leave vacancies are also paid on the basis of minimum of revised TRCA level of that post of GDS.
4. The matter has been examined and the following orders are issued with the approval of Competent Authority :-
(i) Gramin Dak Sevaks when appointed against the leave vacancy of regular Postman/Mail Guard/MTS, these GDS will get salary for all the Postal Holidays if the Postal Holidays falls on working day, provided he/she works on both the preceding/ succeeding working days to the Postal Holidays. However, no extra payment on account of Postal Holidays will be made to persons working as substitutes of GDS in view of fact that payment of remuneration to GDS is made on monthly basis.
(ii) GDS are when appointed against the leave vacancy of regular Postman/Mail Guard/MTS has to apply for leave without allowance as GDS. There is a difference in Leave Without Allowance for personal reasons and Leave Without Allowance for officiating as Postman/Mail Guard/MTS. In this case, the GDS is on official duty and is contributing to the productivity . Hence GDS while on LWA for official duty, there is no question of deducting this period for Productivity Linked Bonus.
5. The above instructions will come into effect from the date of issue of this O.M.
6. Hindi version will follow.
Sd/-
(SB Vyavahare)
Assistant Director General (GDS/PCC)
Minutes of the 31st SCOVA meeting held on 05.09.2019
F.No. 42/03/2019-P&PW(D)
Government of India
Ministry of Personnel, P.G and Pensions
Department of Pension & Pensioners Welfare
********
3rd Floor, Lok Nayak Bhawan
Khan Market, New Delhi-110003
Date :- 25th October, 2019
To
All the Pensioners Associations included in the SCOVA
vide Resolution dated 31.01.2018
Sub :- Minutes of the 31st SCOVA meeting held under the chairmanship of Hon’ble MOS(PP) on 05.09.2019, at Vigyan Bhawan Annexe, New Delhi-reg.
Please find enclosed herewith the minutes of the 31st Meeting of Standing Committee of Voluntary Agencies (SCOVA) held under the chairmanship of flonble MOS(PP) on 05.09.2019 at Vigyan Bhawan Annexe, New Delhi for your kind perusal.
Encl: as above
(Charanjit Taneja)
Under Secretary to the Government of India
Minutes of the 31st Meeting of Standing Committee of Voluntary Agencies (SCOVA) held on 05.09.2019 under the Chairmanship of Hon’ble MOS(PP) at Vigyan Bhawan Annexe, New Delhi
The 31st meeting of Standing Committee of Voluntary Agencies (SCOVA) was held under the chairmanship of Hon’ble MOS(PP) on 05.09.2019. List of participants is enclosed.
2. Joint Secretary (P) welcomed the representatives of Pensioners Associations and the participating officers from various Ministries/Departments.
3. The Action Taken Report on the decisions of the 30th SCOVA meeting and New Agenda Items of the 31st SCOVA meeting were taken up for discussion.
4. Discussion on the Action Taken Report of 30th SCOVA meeting
(i) Revision of PPOs of pre-2006 Air Force pensioners.
CGDA informed that corrigendum PPOs for revision of pension after 7th CPC are being issued to all pensioners and this would cover those pensioners in whose case revised pension authority was not issued after 6th CPC. CGDA was further requested to reconcile the number of Air Force Pensioners whose pension is to be revised after 6th CPC/7th CPC in consultation with Directorate of Air Veterans, Air HQ, New Delhi. Therefore, CGDA is required to interact with Directorate of Air Veterans to reconcile the number of Air Force Pensioners whose pension is yet to be revised in terms of provisions contained in 6th/7th CPC and also ensure that revised pension authority is issued in respect of all Defence pensioners including Air Force Pensioners.
A monthly status report in this regard will be sent by CGDA to Department of Pension & Pensioners’ Welfare.
(Action: CGDA)
(ii). Health Insurance Scheme for pensioners including those residing in Non CGHS area.
Ministry of Health and Family Welfare informed that proposal/EFC memo for the Health Insurance Scheme had been submitted to Department of Expenditure. A revised EFC memo has been sent to Department of Expenditure in April,2019 and the same is pending for approval by the Department of Expenditure.
Joint Secretary (P&PW) mentioned that his issue has been pending for a long time and it needs to be resolved at the earliest. He requested Ministry of Health and Family Welfare to pursue this matter vigorously with Department of Expenditure.
(Action: Ministry of Health & Family Welfare and Department of Expenditure)
(iii). Conversion of Postal Dispensary at Cantt. Road Cuttack to CGHS Wellness Centre.
Ministry of Health & Family Welfare informed that the orders dated 21.12.2018 have been issued for merger of all P&T dispensaries with CGHS which includes Postal Dispensary at Cantt. Road, Cuttack.
The item was closed.
(iv). Anomaly in fixation of pension of DoT employees who were absorbed in BSNL between 01.10.2000 and 30.07.2001.
Department of Telecom informed that Hon’ble CAT has allowed a petition filed by the affected pensioners of BSNL for fixation of their pension based on their IDA Pay in BSNL. DoT has filed a writ petition i.e WP No. 10019/2017 against the rder dated 16.12.2016 of Hon’be CAT and Hon’ble High Court has directed that no coercive steps shall be taken by the pensioners for implementing the order of Hon’ble CAT. The matter is sub-judice in the High Court.
Department of Telecom also informed that in regard to the alternate formulation suggested by DoPPW, views of Department of Public Enterprise (DPE) were sought as to whether any similar case of anomaly of pension has been reported by any Ministry. DPE have informed that there is no such precedent.
Department of Expenditure had earlier asked DoT for the financial implications on implementation of the said formulation suggested by DoPPW and DoT is working on that.
Department of Telecom was advised to calculate the financial implications in respect of both the formulation i.e the one which has been allowed by Hon’ble CAT in its order dated 16.12.2016 and the other suggested by DOPPW and submit the same to DoPPW/Department of Expenditure.
(Action:- Department of Telecom)
(v). Extension of benefit of upgraded Grade Pay to pre-2006 retirees of S-12 grade (Issue of grant of grade pay of Rs. 4600/- instead of Rs. 4200/-).
It was informed that DoPPW has since issued orders dated 04.01.2019 and 09.07.2019 for 6th and 7th CPC respectively for revision of pension based on grade pay of Rs. 4600/-. Therefore the matter stands resolved.
The item was closed.
(vi). Merger of Survey of India Dispensary at Dehradun in CGHS on the same lines as P&T.
Representative of Ministry of Health and Family Welfare informed that the orders dated 22.10.2018 have been issued in this regard.
The item was closed.
(vii). Stoppage of recovery of wrongful/excess payments from Railways Pensioners.
It was informed by Ministry of Railways that the Ministry of Railways vide letter dated 04.05.2017 has issued instructions to provisionally stop recovery from pensioners till further advice. In the meantime, the complete details of overpayments and recoveries is required to be complied before sending the case to Department of Expenditure to seek their approval for waiver of recoveries made due to payment of excess pension. It was further informed by Ministry of Railways that details from 6 Zonal Railways/PUs were still awaited.
One of the Pensioners’ Associations stated that though the instructions mentioned in Railway Board’s letter dated 04.05.2017 are being implemented, by and large, there are a few cases where the recovery of excess payment is still being made. Joint Secretary (P&PW) requested the Pensioners Association to provide details of the specific cases to the Ministry of Railways so that the same may be resolved by Railway Board.
The item was closed.
(viii). Delay in commencement of family pension to spouse on death of pensioners.
CPAO informed that they have obtained data regarding time taken in commencement of family pension from all banks. As per the report prepared by CPAO, there has been significant improvement in this regard since the last SCOVA meeting.
Department of Financial Services (DFS) informed that difficulties are faced by banks in commencement of family pension on account of delay in receipt of death certificate of the deceased pensioner and completion of other paperwork formalities by family pensioner
Representatives from State Bank of India (SBI), Punjab National Bank (PNB) and Bank of Baroda (BoB) informed that in almost all cases, family pension is started within one month after receipt of the death certificate/ documents from the family pensioner.
In respect of family pensioners from Defence, CGDA informed that necessary guidelines have been issued vide PCDA(P), Allahabad Circular No. 203 dated 17.07.2018 whereby PDA have been advised to make sure that acknowledgement is invariably given by the PDAs to the family member on receipt of death certificate of the deceased pensioner /application for commencement of family pension and family pension is paid within one month.
Representatives of Pensioners Associations said that banks like United Commercial Bank, Indian Bank, Canara Bank are following the old procedures and are taking up to 3 month time or even longer, to start family pension. DFS was requested to issue suitable instructions to banks.
The item was closed. However, it was decided that CPAO/CGDA/DoPPW would continue to monitor the status of timely commencement of family pension by the Banks.
(ix). Timely (a) Restoration of commuted pension and (b) Commencement of Additional Pension on attaining the age of 80 years by the Banks.
It was informed by Department of Financial Services that most of the banks have automated system for restoration of commuted pension after 15 years and also for commencement of additional pension on attaining the age of 80 years. The banks where automated system is not presently available were requested to take action to make the system fully automated.
Representatives of Pensioners Associations and CGDA mentioned that in respect of family pensioners of Defence, as regards proof of age/date of birth and payment of additional pension, PCDAP) Allahabad issued Circulars whereby PDAs have been advised to follow the orders for payment of additional pension, but PDAs are not following circulars. PCDA will issue particular reiterating the instructions.
The data compiled by CPAO shows that there has been significant improvement in timely restoration of commuted pension and commencement of Additional Pension on attaining the age of 80 years, and the position in this respect is quite satisfactory.
The item was closed.
(x). Item wise details of payment made to be shown in the pass books of pensioners.
It was informed that most of the banks have been providing the details/breakup of pension to the pensioners through SMS/Email etc. Further, personal and pension related information could be viewed from the dashboard facility provided by the CPAO.
SBI and PNB informed that they have also provided facilities on their web portals for viewing the pension details/breakup by the pensioners.
In view of the above, item was closed.
(xi). Upgradation of Polyclinic at Bajaj Nagar, Jaipur.
The representative of the association informed that that lift in the wellness centre has not been installed, due to which the old patients are facing a lot of difficulty. Ministry of Health & Family Welfare informed that funds have been released to CPWD for this purpose and delay is on the part of CPWD only. The basic issue raised by the Association related to upgradation and installation of new equipment in the polyclinic at Bajaj Nagar, Jaipur. It was observed that most of the issues have already been resolved. As regards the issue of relating to installation of lift, Ministry of Health and Family Welfare was advised to convene a meeting with the CPWD authorities and resolve this matter at the earliest. Ministry of Health and Family Welfare was also requested to monitor the progress in this regard at their own level till the satisfaction of the Pensioners/Association.
The item may be closed.
(xii). Setting up of CGHS Wellness Centre at Kochi.
Ministry of Health and Family Welfare informed that opening of new CGHS Wellness Centre at Kochi has been approved. A building for the same has also been identified and legal formalities are underway to take the building on rent. CGHS Wellness Centre shall start functioning once the possession of the building is taken and necessary renovations are done.
The item was closed.
(xiii). Empanelment of Hospitals/ Health Centre with CGHS in Ambernath/Dombivli.
Ministry of Health & Family Welfare further informed that a few private hospitals near Ambarnath have been empanelled. In case any hospital agrees to the rates/terms and fulfills the conditions empanelment under CGHS comes forward, the same will be empanelled under CGHS.
The item was closed.
(xiv) Revision of PPOs of pre-2016 pensioners/family pensioners as per 7th CPC orders.
CPAO informed that out of 9.03 lakh cases, 7.75 lakh cases have been revised. CPAO also informed that they are monitoring the progress of the same on daily basis.
Ministry of Railways informed that out of 13.87 lakh cases, they have issued revised authorities in respect of 12.30 lakh cases.
Department of Telecom informed that out of 98,300 cases, 97,400 cases have been revised.
Department of Posts informed that out of 2.58 lakh cases, 2.30 lakh cases have been revised.
CGDA informed that out of 4.95 lakh cases of Defence Civilian pensioners/family pensioners, revised authority has been issued in respect of 4.53 lakh cases. CGDA further informed that in respect of pensioners from Defence Forces, out of 25 lakh cases, approximately 13 lakh cases have been revised so far.
The Departments were requested to complete the revision of pension and the remaining cases at the earliest.
(Action:-CPAO, Ministry of Railways, Department of Posts, Department of Telecom, Ministry of Defence/CGDA)
(xv) Payment of arrears accruing in respect of deceased pensioners/family pensioners to the nominee/legal heir.
CPAO informed that that on death of the pensioners/family pensioners, the pension account is closed by the bank and the balance amount in the account of pensioners/family pensioners is paid to the nominees/legal heirs. However, it is observed that the life time arrears arising subsequently on account of Pay Commission etc. are not paid to the nominees/legal heirs of the deceased pensioners/family pensioners either on account of fact that the pension/family pension is not revised by the concerned Pension Sanctioning Authority (PSA) or the amount of arrears of revised pension/family pension is not paid due to closure of the bank account.
DoPPW informed that as per the instructions, revised pension payment authority has to be issued in respect of all pensioners/family pensioners who were alive as on 01.01.2016 and lifetime arrears has to be paid to the families of such pensioners/family pensioners who died after 01.01.2016. It was also informed that in accordance with the Para 23 of the Scheme booklet of CPAO, where the bank account of the deceased pensioner or family pensioner has been closed, the lifetime arrears are required to be paid by the pension disbursing bank through the bank pay order after making suitable note on both the halves of the PPO. It was decided that the DoPPW will reiterate the above instructions to all pension sanctioning authorities/pension disbursing authorities for compliance.
(Action: DoPPW and CPAO)
(xvi) Extension of benefit of modified parity/revision of pension by pay fixation method to pensioners drawing Compulsory retirement pension/Compassionate Allowance (on dismissal/removal).
It was informed that a fresh proposal has been referred to Department of Expenditure on16.08.2019 for their consideration based on a decision taken in the recent JCM meeting.
This item has also been included in the New Agenda Items. Therefore, this item may be closed here.
(xvii) Revision of CGHS package rates suitable for attracting more private hospitals for empanelment.
Ministry of Health & Family Welfare informed that Empanelment of private hospitals under CGHS is a continuous process. Revision of rates is an administrative matter. Many Hospitals and Diagnostic Centres are applying for empanelment under CGHS at the current rates in all CGHS cities. As on date, a total of 681 private hospitals, 374 Eye Centres, 176 Dental Clinics and 229 Diagnostic Centre and Imaging are empanelled under CGHS. In view of the above explanation of Ministry of Health and Family Welfare, the item was closed.
(xviii) Difference in Last Rank held and Rank for Pension in the case of pre2006 military pensioners.
The representative of one of the Pensioners Associations informed that the benefit of One Rank One Pension has been given to the Military Pensioners based on their last rank only if they had worked for a minimum period of 10 months on that rank. If the period of service in the last rank was less than 10 month, the benefit of OROP has been given on the basis of the lower rank.
CGDA informed that as per the instructions issued by Ministry of Defence, the benefit of OROP is available with reference to last rank only if the pensioner had worked on that rank for a minimum period of 10 months. This being a policy issue, it is for the Ministry of Defence/Department of Ex-servicemen Welfare to take a decision on the issue raised by the Pensioners Association.
It was decided that Ministry of Defence/Department of Ex-servicemen Welfare will be requested for their views on this agenda item.
(Action:- Ministry of Defence/Department of Ex-servicemen Welfare)
(xix) Extension of benefit of Composite Hospitals to CAPF personnel.
Ministry of Home Affairs informed that as per the decision in the last SCOVA meeting, a detailed representation has not been submitted by the concerned Pensioners Association (All India Ex-Para Military Personnel Association, Jalandhar) to MHA. The Association was requested to submit the representation to MHA for taking a considered view in the matter.
(Action: Ministry of Home Affairs, All India Ex-Para Military Personnel Association, Jalandhar)
5. Discussion on New Agenda Items of 31st SCOVA meeting
(31.1) Negligence by the Departments / Banks for disposals of grievances of Pensioners within reasonable time.
It was informed in the meeting that 83% cases in the CPENGRAMS are being resolved within stipulated period of 60 days. DoPPW had conducted a third party evaluation of the delay in pending grievances. On the analysis of the report, it was found that most of the cases were pending at the level of Banks. In the regular meetings held with the banks, it has been impressed to them to make their system automated and streamline.
Banks present in the meeting informed that they have developed their own grievances redressal portals for the redressal of the grievances. Further, banks also informed that they are also taking grievances from CPENGRAMS.
Joint Secretary (P&PW) informed that the DoPPW is also holding Pension Adalats for the redressal of the grievances. In addition to this, All India Pension Adalats by various Ministries/Departments in different regions of the country were conducted on 23.08.2019 for the resolution of the grievances. Further, JS (P&PW) informed that DoPPW has developed a Dashboard for monitoring of the grievances at different levels of the Ministries/Departments. In addition to this, an integrated Call Centre has also been functioning for facilitating the pensioners and strengthen the grievance redressal machinery.
It was also informed that DoPPW is conducting monthly meetings with the concerned Ministries/Departments where the grievances are pending for more than 60 days and also where the pensioners are not satisfied with the reply given by the Ministries/Departments.
In view of the position explained above, the item was closed
(31.2) Simplification of Procedure for grant of Family Pension in some Railway Divisions and Workshops.
Ministry of Railways informed that vide Railway Board’s letter No. 2014/AC II/21/11/SCOVA dated 23rd August, 2019 they have already reiterated the existing instructions regarding be dependency criteria for the purpose of family pension and also for acceptance of self-declaration by the family members in cases where the family member is unemployed or self-employed.
In view of the above, the time was closed.
(31.3) Improvement of Health Care facilities required for Railway Pensioners/RELHS beneficiaries:
(a) Authorisation of Doctors of Railway Health Units for referral to empanelled private hospitals:
(b) Special provisions for Treatment of RELHS Beneficiaries who are above 80 years of age
(c) Waiving of condition of Referral from Railway Doctor of RELHS beneficiaries for OPD Consultation & treatment in Government Hospitals.
It was informed by the Ministry of Railways that medical facilities of Railway pensioners/RELHS beneficiaries are catered through three tier medical system. Primary Health Units takes care of medical needs on day to day basis. Cases which require specialised test/treatment are referred to Divisional/Sub-divisional/Central Hospitals takes care.
Further, Railways has invested huge amount of money in developing diagnostic system and treatment facility. Therefore, if the suggestion of referral to private empanelled hospitals from Health Units is agreed to in all the cases then the infrastructure and manpower in establishing secondary and tertiary facilities through Divisional/SubDivisional and Central Hospitals will remain under-utilized/unutilized.
In addition to this, both Railway serving employees and RELHS beneficiaries are eligible to take both OPD and IPD treatment in any Government Hospitals during emergency as per provisions laid down in para 657 of Indian Railways Medical Manual, 200. The amount paid to such treatment is fully reimbursable.
It was also informed by Ministry of Railways that UMID (Uniform Medical Identity Card) scheme, a web and mobile based application to generate Medical Identity Cards for Railway employees & pensioners and dependent family members has been launched. This initiative aims to simplify access to health care services, eliminating the need for railway staff to carry the physical card/health book. UMID will generate smart Medical Identity Cards with unique numbering scheme across all the Units in Indian Railways so as to facilitate availing medical services from any other units by their unique identification and validation.
In view of the explanation given by Ministry of Railways, the item was closed.
(31.4) Deletion of Note 3 below Pension Rule – 34 – Average emoluments.
It was informed that DoPPW is considering a proposal to amend Rule 33 and Rule 34 of the CCS (Pension) Rules, 1972, so that the increment earned during leave, though not actually drawn, also forms part of emoluments for determining the amount of pension, irrespective of the duration of the leave. The proposal will be examined in consultation with Department of Expenditure.
(Action:- DoPPW)
(31.5) Revision of pension/family pension under 7th CPC in terms of Do P&PW OM dated 12th May, 2017 in respect of the pensioners who were in receipt of compulsory retirement pension and compassionate allowance under Rules 40 and 41 of CCS(Pension) Rules, 1972
It was informed that a fresh proposal has been referred to Department of Expenditure on16.08.2019 for their consideration based on a decision taken in the recent JCM meeting. The matter will be followed up with Department of Expenditure.
(Action:- DoPPW)
(31.6) Booking of Holiday Homes for Central Government Pensionersenhancement of time limit from 30 days to 60 days.
Although, no representative from Ministry of Housing and Urban Affairs was present in the SCOVA meeting, in a communication dated 03.09.2018, Directorate of Estates, informed that the provision for time limit for booking of Holiday Homes of 60 days for the serving Central Government has been made considering their official tours (which are mostly decided on urgent basis/unplanned and short in nature) and availing LTC during the service period wherein they have to plan the tour well in advance considering the availability of tickets and leaves(s) grant Retired Government officials, PSU, State Govt. etc. can avail the services of Holiday Homes at different time period without any sort of restriction.
It was, however, observed that the touring officers can avail hotel accommodation as per their entitlements. The holiday homes are basically for providing suitable accommodation for employees/pensioners who are on vacation. The pensioners who have got limited resources are more deserving for accommodation in the holiday homes. It was therefore, decided that the matter would again be taken up with Ministry of Housing and Urban Affairs, Directorate of Estates for reconsideration.
(Action:- Ministry of Housing and Urban Affairs/DoPPW)
(31.7) Formal approval to Chandigarh Administration for allotment of plot to CGHS, Chandigarh.
Ministry of Health and Family Welfare informed that a plot in Sector 41-B, Chandigarh has been earmarked for CGHS dispensary. MHA has been insisting for sale of the plot to CGHS on the market rate only. CGHS has requested MHA that being a welfare scheme for the health insurance to Government employees/ pensioners, the land may be allotted to CGHS at subsidized rate, as has been done in the case of expansion of PGI, Chandigarh.
No representative from Ministry of Home Affairs was present in the meeting to explain the status/position on this Agenda Item.
It was decided that DoPPW will take up the matter with MHA for allotment of the earmarked plot to CGHS on subsidized rates.
(Action:- Ministry of Health and Family Welfare,
Ministry of Home Affairs and DoPPW)
(31.8) Curtailing of investigations prescribed by specialists of empanelled hospitals.
Ministry of Health and Family Welfare informed that normally the investigations advised by the Specialist of empanelled hospitals are endorsed by the Medical Officer of CGHS Wellness Centre. However, if the Medical Officer considers that a particular investigation is not justified, he may not endorse the same. It is a part of checks and balances in the system. If any non-listed investigation is advised by specialist of empanelled hospital the same requires the approval of Additional Director of superior authority.
In view of the above explanation by Ministry of Health & Family Welfare, the item was closed.
(31.9) No direct consultation with NIA, Jaipur
Ministry of Health and Family Welfare informed that there is no bar on CGHS beneficiaries to consult Government Doctors/Specialists in a recognized medical system and no referral from CGHS is required. A order dated 21.08.2019 has also been issued in this regard.
The item was closed.
(31.10) Regular appointment of regular Gr. C & D (Technical) and Administrative staff in the CGHS Dispensary in Dehradun.
Ministry of Health & Family Welfare informed that action to recruit regular incumbents for the sanctioned posts in the CGHS Wellness Centre, Dehradun could not be taken up so far as in the meantime, the contractual staff had filed petitions in the court and the matter is sub-judice.
The process of filling up the vacant posts in the Wellness Centre of Survey of India, which has been merged with CGHS, has already been initiated. It was decided that the item may be closed for the present. The item may be taken up again after the conclusion of the court case referred to above.
(31.11) CGHS contribution at the rates prevailing while the old P&T pensioners retired from service.
Ministry of Health and Family Welfare informed that CGHS contribution is always to be made as per the rates prevalent at the time of enrolling under CGHS. This is applicable to all beneficiaries. Pensioners have the option to contribute subscription on yearly basis for upto 10 years, if they consider that paying 10 year subscription in one go for the life time card is a burden.
It was, however, observed that the facility of CGHS was not provided to the P&T pensioners on their retirement as per the instructions existing at that time. Now, that this facility has been extended to P&T pensioners, it may not be fair to ask them to pay the contribution as per the current rates instead of the rates prevailing at the time of their retirement. Ministry of Health and Family Welfare agreed to reconsider this matter.
(Action:- Ministry of Health and Family Welfare)
(31.12) CGHS Facility for BSNL Pensioners at rates prevalent at the time of formation of BSNL in 1999.
Ministry of Health and Family Welfare informed that there is no provision under CGHS for refund of subscription, if someone opts out of it. The eligible BSNL retirees have to submit CGHS contribution as per the rates prevalent at the time of enrolling under CGHS. This is applicable to all beneficiaries. The eligible retirees of BSNL have the option to contribute subscription on yearly basis for upto 10 years, if they consider that paying 10 years subscription in one go for life time car is a burden.
It was observed that some of the BSNL pensioners had earlier paid the required contribution for availing the CGHS facility and later switched to the medical facilities from BSNL. The contributions deposited by the BSNL pensioners with the CGHS were however not refunded to them. In case they are allowed to switch over to the CGHS facility again by surrendering the medical facilities of BSNL, they should not be made to pay the CGHS contribution again. Ministry of Health and Family Welfare stated that they would reconsider this matter accordingly.
(Action:- Ministry of Health and Family Welfare)
6. In view of the large number of health relating issues, it was decided to hold review meetings with Ministry of Health and Family Welfare.
7. Secretary (P&PW) said that Department of Pension and Pensioners’ Welfare has continuously been taking numerous steps for the welfare of the pensioners like setting up of Integrated Grievance Cell and Call Center, recently commissioned Dashboard for real-time
monitoring tool of grievances and Bhavishya cases.
8. Hon’ble MOS(PP) said that it had been a pleasant and fruitful interaction, which is indicative of the efforts being made by Department of Pension & Pensioners’ Welfare. He said that we must devolve a mechanism in utilizing pensioners’ expertise and energy in a creative way.
9. Hon’ble MOS(PP) referred to recent initiative by DoPPW in broad basing the use of DLC, especially for those old and infirm pensioners who are unable to visit bank branches and stand in queues for submission of life certificate in coordination with the Pensioners’ Association all over the country. He further said that pensioners of 80 years (super senior citizens) and above may now submit their Digital Life Certificate w.e.f 1st October, which will be valid up to 30th November of subsequent year.
10. One of the SCOVA Pensioners’ Associations requested to hold SCOVA meetings on quarterly basis. However, Hon’ble MOS(PP) agreed to holding of SCOVA meetings twice a year.
The meeting ended with the vote of thanks to the Chair.
3rd Financial Upgradation under MACP Scheme – CAT / Court Case Order
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, Emakulam 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/Directrorate 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.
Encl: As above.
Yours faithfully,
(Gaurav Shukla)
Under Secretary to the Government of India
CENTRAL ADMINISTRATIVE TRIBUNAL ERNAKULAM BENCH
Original Application Nos.180/00916/2016
Friday, this the 12th day of April, 2019
CORAM:
Hon’ble Mr. E.K. Bharat Bhushan, Administrative Member Hon’ble Mr. Ashisb Kalia, Judicial Member
Dileepkumar, S/o.K.K. Ramakrishnan, aged 57 years,
Superintendent of Central Excise, Central Excise Divisional Office,
V. Publisher’s Building, Sreenivasa Iyer Road, Kottayam -686 001,
Residing at Parappattil House, Nellickal, Kuzhimattom PO,
Kottayam District, Pin -686 533, Mobile Phone-
9495481173
…… Applicant
(Party in person)
Versus
Union of India, represented by
1. The Secretary, Ministry of Personnel, Public Grievances and
Pensions, Department of Personnel & Training, (Establishment D),
North Block, New Delhi -110 001.
2. The Secretary, The Department of Expenditure, Ministry of
Finance, North Block, New Delhi -110 001.
3. The Chairman, Central Board of Excise and Customs,
North Block, New Delhi -110 001.
4. The Commissioner of Central Excise, Cochin Commissionerate,
Central Revenue Building, I.S. Press Road, Ernakulam,
Cochin -682 011.
….. Respondents
(By Advocate – Mr.P.R.Sreejith, ACGSC)
This application having been heard on 10.4.2019, the Tribunal on 12.04.2019 delivered the following:
ORDER
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 extenso. 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:
“8.1 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.
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