Mr.S. K. Pandey of ITAT asked:
Kindly suggest me whether an employee will get one promotional increment after promotion in 2009 when there is no change in his pay band and grade pay.
Also please suggest the pay band of an working employee in lower scale, who has passed UPSC Exam and joined as Assistant Registrar in ITAT in pre-revised scale 6500-10500, which was upgraded 8000-13500 later on. Is he eligible for PB-3 with Grade Pay 5400? Or should he be fixed in PB-2 only with grade pay 5400?
Also please suggest the pay band of an employee who was working in lower scale and promoted as Assistant Registrar in ITAT in pre-revised scale 6500-10500 which was upgraded 8000-13500 later on. Is he eligible for PB-3 with Grade Pay 5400? Or should he be fixed in PB-2 only with grade pay 5400?
GConnect Team’s Opinion:
As far as we interepret the Rule 13 read with Clarificatory OM dated 13/09/08 you are eligible to get 3% increment on your promotion (please go through Gconnect guest article Promotion is it honorary?
This has further been established from a reply under RTI. This is the gist of the query raised in RTI
“ It may be clarified whether on their promotion even though they are in the same pay band i.e 9300-34800(PB2) and same grade pay i.e 4200 as to whether any monetary benefit is to be given or not i.e 3% increment”.
Reply received: “Due to same grade pay in the grade STA(5000),DOS(5500) & AO, the pay is required to be fixed in terms of Dept. of Expenditure’s OM F. No. 1/1/2008-IC dated 13/09/2008.” (This OM is available in the article : Promotion is it honorary?
But this issue is yet to resolved by the respective administration.
One of the remedies available to the employee is to make categorical RTI question to 6CPC Implementaion Cell or DOPT seeking clarification.
Reply for point No: 2 and 3:
If the post of Assistant Registrar in ITAT is a Group A entry cadre, the up gradation promotion fixation should be given in PB 3 + grade pay of 5400. If not so, fixation is should be in PB2 + grade pay of 5400.
HOLI RAM said on Tuesday, February 9, 2010, 10:03
i holi ram works in CPWD as a forman(ac&r) i get acp in 2005 on scale 5200-20000 gradepay 2800 but deptt. give me forman post in dec.2009 and deptt.not given me any extra benifit on the time of peromotion
Reply
Dr H S Sisodia said on Tuesday, February 9, 2010, 10:12
I joined India Meteorological Department on 24.10.1986 as Senior Observer (5000) after B Sc.
Next promotion cader Scientific Assistant (5500) was not given but the initial post (Senior Observer) merged with Promotion cader (5500) and I received MACP of 4800 with new name : Scientific Assistant of Grade Pay 4200 (Which became initial cader post of the department now). Secondly, I received the Ph D degree also during the year 2008.
What is the opinion about me Sir?
Reply
S. K. Pandey, ITAT said on Tuesday, February 9, 2010, 21:43
Sir, please clarify whether seniority should be counted from the date of promotion or date of joining in higher post. For example A, B,C,D (Seniority wise) employees promoted from the post from UDC to Head Clerk on same days i.e. 01.01.2010.. Mr. C & D (junior to A & B) got promotion in same place and joined same day but A & B (Senior to C & D) joined after 3 days from the date of promotion due to transfer from one place to other place. In this situation, what would be date of promotion for seniority in respect of Mr. C & D on the post of Head Clerk 01.01.2010 (date of promotion or 03.1.2010 date of joining as Head Clerk). If date of joining is considered for seniority list Senior UDC ( A& B) becomes junior to C & D which will un-justice with A & B.
Reply
admin Reply:
February 18th, 2010 at 8:35 am
Already well settled clarifications are there to settle these anomalies that the date of joining of the Junior most or the DOJ of senior which ever is earlier is taken for date of promotion, if the promotion is ordered under one Order. So ensure the date of joining of C& D will be given as your DOP of A & B .Note This is only for assigning seniority Not for pay benefit
Reply
S. K. Pandey, ITAT said on Tuesday, February 9, 2010, 22:17
Sir, I have been promoted to the post of UDC from LDC on merit quota in 1999 (after passing out departmental exam). According to terms and condition for seniority list, 25% vacancy was to be filled up by merit quota and 75% from seniority quota i.e. as per rule, each merit quota candidate, merit wise, should be considered for seniority purpose after every 03 seniority quota candidate i.e. every 4th no on seniority list should be considered for merit quota candidate but all the merit quota candidates put at bottom from seniority quota promotee candidate, in the seniority list . Last Seniority list was issed in the year 2002 with mentioning that iner-se-seniority list of all promotee merit quota candidates & seniority quota will be considered late on. It has came to knowledge, after receiving seniority list after 8 years in 2010, wherein no benefit has given to all merit quota candidates for seniority at that time resulting in some staff who was to be promoted on the post Head Clerk after merit quota candidate , got promotion earlier than merit quota candidate. Where the decision taken by the Head Office is right or wrong. If decision of Head Office is worng what should I do.
Reply
NARESH KR. SINHA said on Tuesday, February 9, 2010, 22:57
MY QUESTION:- I JOINED AS CENTRAL EXCISE INSPECTOR ON 10.03.92 . I GOT FIRST ACP IN THE YEA 2004. I GOT PROMOTION IN THE GRADE OF SUPERINTENDENT ON 02.11.2009. THERE IS NO CHANGE/INHANCEMENT IN MY PAY AFTER MY PROMOTION. PLEASE SUGGEST ME SHOULD I GET AN INCREAMENT @3% AFTER /W.E.F MY PROMOTION IN THE GRADE OF SUPDT.
Reply
admin Reply:
February 9th, 2010 at 11:35 pm
@NARESH KR. SINHA
You are not entitled for increment at the time of regular promotion, if acp was given to you with fixation of pay alongwith increment
Reply
SURESH said on Wednesday, February 10, 2010, 19:54
The merger of two grades takes effect from 01/01/2006. Hence the promotions ordered within the same pay band and grade pay on or after 01/01/2006 but before the receipt of VI pay commission ordered on Sep 2008 stands nullified. Hence no fixation benefit can be allowed for promotions ordered within the same pay band iwth same grade pay.
Reply
S.Subramanian said on Wednesday, February 10, 2010, 21:53
I had joined in EPFO (Ministry of Labour, GOI) as LDC on 05-08-1982 and promoted to the post of UDC w.e.f. 24-03-1987. Under Time Bound Promotion Scheme, after completion of 17 years service, I was upgraded to UDC (SG) now designated as Sr.SSA(TBP) and my pay was fixed in the scale of pay 5500-175-9000(pre-revised pay) Now my pay Band is 9300-34800 with Grade Pay Rs.4200/-. As on date may pay is Rs.13540/- + GP 4200/- Let me please inform, should I get upgradation under MACP Scheme and if so, what is may Pay Band?
Reply
i m mulla said on Thursday, February 11, 2010, 2:11
dear sir,
i was direct recruited in govt. reputed medical college and hospital as senior stenographer on 2002, when it was become autonomous body. as per karnataka dpar & KCSR rules i have to promote as office superintendent after service of 5 years, but due to deputed staff and appointed on compensation basis staff they are misguiding to officers my promotion is being held up. please let me know what should i do whether shall go for justice or can i get promotion details text books. kindly answer me.
thanking u,
Reply
Avijit Bhattacharjee said on Sunday, March 7, 2010, 11:36
I was appointed in the LDC category ( Rs 950-1500) in the year 1985 under Cash & Pay department of Eastern Railway,Fairlie place Kolkata and was posted at Jamalpur.
I was promoted to UDC category ( Rs 1200-2040) and was posted at Mugalsharai.In due course after I came back to Kolkata I was promoted as Head clerk ( Rs 1400-2300) in the year 1992 and was posted at Jamalpur, I refused the promotion on my family problems.In the year 1994 I was again promoted as cashier ( Rs 1200-2040) without getting any financial upgradation or any increment.In the year 1996 I got promotion again as Senior Cashier ( 1400-2300).
I would like to state that I have completed 25 years of service and the two financial upgradations(1200-2040) & (1400-2300) which I got was before the completion of 20 years of service.Moreover I have completed 14 years of service ever since I got my last financial upgradation.
In connection with the above query I would like to inform you that under the Railway Board’s Letter no.PC-V/2009/ACP/2 dt.10.06.2009 ( RBE No.101/2009),PC-VI/110,
wherein in the annexure point no 28 B, it states that if two promotions are earned before completion of 20 years ,only 3rd financial upgradation would be admissible on completion of 10 years of service in Grade Pay from the date of 2nd promotion or at the 30th year of service whichever is earlier.Considering the above notification I have already completed 14 years of service from the date of my last financial upgradation.Then am I not eligible for the 3rd upgradation under MACP.
Reply