National Anomaly Committee meeting – Decisions & Discussions
The third meeting of the National Anomaly Committee was held on 15/02/2011. The following items were taken up for discussion. No final decision on any item could be arrived at. It was more or less an exercise to understand the points of view of both sides on these items. We shall in our next communication indicate the outcome of discussion on each item.
Item Nos. 11, 12&13, 14, 20, 28,29&30, 31,37, 38,39, 40, 41, 43, 44, 45, 46, 49, 50 and 51.
During the discussion the Staff brought to the notice of the official side that the issues pertaining to the employees of Andaman and Nicobar islands, which were taken out of the agenda on the plea that the same would be discussed separately by a Committee to be set up by the Andaman Administration have not been settled. The NGO Association of A & N Islands have brought to the notice of the staff side that the A & N Administration has not taken any steps to resolve the problems even though similar issues pertaining to the employees of Pondicherry and Delhi were settled. The Official side has promised to take up the issue with the concerned in the Home Ministry to ensure that the issues are addressed expeditiously.
The official side has in the Action Taken State has indicated their inability to concede the demand raised by the Staff Side on the following two issues.
(a) Grant of increment in the case of employees whose increment falls between Feb and June. 2006.
(b) Fixing the pay of the promotees on par with the Direct recruits.
Though these issues were not discussed, the Staff Side has said that a resolution to them are urgently needed .
The official side has requested the Staff Side to indicate the items on which further discussions are needed; further details are required; and alternative suggestions could be made within 10 days so that the next and final meeting of the Committee could be convened before 31st March, 2011. It was also decided that the sub-committee of the MACP related issued will meet once again and their report submitted to the NAC .
From :S.B.Bandkar, Retd Assistant Audit Officer, Group B (Jun 11)from O/o Director of Audit (Navy), Mumbai under Cadre controlling authority, Director General of Audit, DS, New Delhi and Head of Deptt, CAG of India
Sub: Grant of 3rd financial up-gradation under MACP Scheme
The grant of Grade Pay of Rs. 5400 under MACPS on the basis of CAT Madras order dated 29.12.2010 is one of them in lieu of private secretariat despondent. In reply to RTI query, CAG stated that the order of CAT Chennai bench has been appealed before High Court at Chennai. Apart from, in my earlier number of representations I explained that as and how I may entitle 3rd financial up gradation under MACPS as and when further clarifications/new developments or facts having a bearing on the issue received from Government from time to time. It was again clarified in Oct 11 and Dec 11 by cadre controlling authority that “I have got three regular promotions in the cadre of Auditor, Sr. Auditor and SO/AAO; hence I am not entitled for further financial up gradation under scheme”.
2. Initially I appointed as Clerk/Typist (pre 3050-4590) in Nov 73 as entry grade in IA&AD. Regular promotion earned as Auditor (UDC) (Pre 4500-7000) in Dec 79 as entry grade and confirmed by qualified departmental conformity test (DCT) examination. Under restructuring cadre in IA&AD I was given the promotion post of Senior Auditor (UDC) (Pre 5500-9000) in March 84. Qualified SOG exam in 1997 and become Section Officer (Pre 6500-10500) in Sept 97 as entry grade. Under restructuring cadre in IA&AD I was given the promotion post of Assistant Audit Officer (Pre 7450-11500) in Jun 2011. The pay of SO/AAO has been re-fixed on notional basis of Rs.6200/Rs.7675 in the pre-revised pay scale of Rs.6500-200-10500/7450-225-11500 and without any increment(s) thereto with effect from 1.1.96/12.6.01 respectively (DGA DS letter No. 410/A-Bud/22/Re-Pay/03/Bom-Vizag dated 28.8.03). In view of the above, the regular promotion of Auditor and SO are treated as entry grade (i.e. feeder posts) and the promotion post of Senior Auditor and Assistant Audit Officer are, thus, not categorically fall within the “entry grade “ or “feeder post” as per the scheme.
3. Consequent upon the 6th CPC, the Grade Pay deem to be Rs.2800 (Auditor), Rs.4200 (Sr. Auditor), Rs.4200 (SO) and Rs.4600 (AAO).
4. The pay parity of Senior Auditor with Assistant of Central Secretariat Services (CSS) was established from 1.3.84 which continued up to 31.9.90. Again it was notional basis restored wef 1.1.96 with actual payment from 19.2.03 and without earning any increment thereto. The parity was again disturbed from 15.9.06. The 6th CPC has examined this issue in Para 7.56.8 of Report. The pay commission observed “The commission does not consider it necessary to go in to merit of the demand”……… because it is recommended merger of pre revised pay scale of Rs.5500-9000 for Senior Auditor and 6500-10500 for Section Officer which would automatically place Assistants in CSS and Senior Auditors in an identical revised pay band and grade pay. Thus the grade pays of Rs. 4200 PM was granted to Senior Auditor and Assistants of CSS. 6th CPC recommendation for merger of the three pre-revised scale of Rs.5000-8000, 5500-9000 and Rs.6500-10500 (Para 2.2.21(v) of the Report) was accepted and were notified vide Para (ii), Section I, in Parts B and C of the First Schedule to the CCS (RP) Rules 2008. The above provision of the Rule specifically mentioned that up gradation in terms of Para (ii) Section I may be done in consultation with Deptt of Exp, Min of Fin. The posts which were in the pre-revised scale of Rs.6500-10500 as on 1.1.2006 and which were granted the normal replacement pay structure of Grade Pay of Rs.4200 in the Pay Band PB2 was granted Grade Pay of Rs.4600 vide OM No F.No.11/1/2008-IC dated 13.11.2009.
5. The Grade Pay of SO upgraded from Rs.4200 to Rs.4600 corresponding to the pre-revised scale of Rs.7450-11500 due to up gradation of the posts which were in the pre-revised scale of Rs.6500-10500 (OM dated 12.11.09). Similarly, the Grade Pay of AAO upgraded from Rs.4600 to Rs.4800 corresponding to the pre-revised scale of Rs.7500-12000 due to merger of post of Section Officer and Assistant Audit Officer and re-designated the post of AAO as fresh entry grade (i.e. Feeder Post) vide Notification under GSR 622 (E) dated 29.8.08.
6. In Sept 10, Government clarified that the benefit of the MACPS would be available from the date of actual joining of the post of entry grade vide sl. 4 of Annexure to OM dated 9.9.10. Further, the promotion of an employee from the feeder post to the promotion post (in this case from Auditor to Senior Auditor under restructuring cadre in IA&AD) is, however, not being treated as promotion for the purpose of MACPS (Item No 41 – OM No 11/2/2008-JCM dated 21.4.2011).It is further stated that as per existing Headquarters Orders promotion of Stenographer to the post of AAOs after passing SOG/SAS examination is being treated as fresh appointment.
7. It is, therefore, clear facts that the regular promotion of Auditor and SO/AAO are constituted “entry grade” i.e. feeder posts whereas the promotion post of Senior Auditor under restructuring cadre in IA&AD is, therefore, not deem to be a regular promotion for the purpose of MACPS. As such, I have earned only two regular promotions for the purpose of MACPS and I am to entitle 3rd financial up-gradation under the scheme. In fact, it is injustice to me that the promotion post of Senior Auditor under restructuring cadre in IA&AD in Mar 84 clarified as regular promotion as entry grade/feeder post for the purpose of the scheme and pending review of cadre structuring in IA&AD as directed time bound programme by Government in Feb 2011. Further, as a result, numbers of junior AAOs, Auditors, Senior Auditors, stenos were granted Rs.5400 under the scheme by the cadre controlling authority and I was remained and retired with Grade Pay of Rs.4800.
8. It is also requested that benefit of the judgment should be given to similar situated employees without forcing each and every employees to go to the court of law.
Nathan N says
Some Group B (Gazetted) officers like Administrative Officer Grade III in MOD, who were in the scale of pay of Rs 6500-10500/- are now placed in PB-2 with Grade Pay of Rs 4600/-. Whereas in other ministries they are placed in the Grade Pay of Rs 4800/-and subsequently at Rs 5400/-. Why this parity.
Moreover, these so called Gazetted Officers are also not eligible for adhoc bonus as if they are paid anything more than the Group C staff. Some of the Group C staff placed in the Grade Pay of Rs 4800/- are eligible for adhoc bonus.
Why, Why, Why? If anyone has the answer please reply at [email protected]