RESOLUTION No.II
To
The Secretary Posts,
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001
No. POA/CWC/ Resolution-2/2019 dated 11-10-2019
Subject: Request for redefining the financial benefits in term of 2nd ACP and 3rd MACP at appropriate GP to senior IPs/ASPs , consequent upon placing IPs & ASPs in the same GP of 4600/- w.e.f 1-1-2006.
Respected Sir,
Circle Working Committee meeting of the Postal officers Association was held on 7th and 8th September 2019 at Faizabad Ayodhya U.P. to discuss various issues pertaining to the cadre and one of the above long pending demands of the officers was discussed in detail. After discussion, following resolution was passed unanimously.
“Postal officers Association unanimously resolve to urge Secretary (P) to extend benefits of Grade pay of 4800/- and 5400/- as on 01-01-2006 with increment in the same scale to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006. The 6th pay Commission has emphatically illustrated that change of grade pay should be accompanied by fixation only. This should be extended either under the benefit of ACP/MACP or straight way upgrading the pay scale as allowed by 7th pay commission.The association has resolute that otherwise, anomaly will continue & as a result both serving & retired ASPs have to approach Court unnecessarily by spending thousands of rupees”.
Directorate vide letter dated 11.01.2013 has already clarified that prior to introduction of MACP, promotion/financial up-gradation in posts which carry the same grade pay due to merger of pay scales/up-gradations are to be ignored in term of clarification given in point of doubt 1 of ACPS. It is unfortunate that despite repeated request by the effected officers and representation from association side no action has been taken by the department. Copies of the letter dated 11-3-2019 and 2-9-2019 enclosed as Annex-I and Annex-II are self explanatory for taking decision to remove the anomaly.
It is therefore requested to kindly consider the resolution keeping in view the genuine demand of the officers who have been deprived of their legitimate right. Association hope that an early and favourable action will be taken by the department.
Yours sincerely,
(R N YADAV)
GENERAL SECRETARY
Postal Officer Association
Annex-I
POSTAL OFFICERS ASSOCIATION (INDIA)
Central Headquarter: 17/3 B, Kali Bari Marg, New Delhi 110001
To
Sh. A.N. Nanda
The Secretary (Post)
Department of Post
DakBhawan, Sansad Marg
New Delhi-100001
No. CHQ/POA/1-1/2019-20 Dated 2.09.2019
Sub: Request for the issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.
Respected Sir,
Members of the Postal Officer Association (India) have been raising their concern for not settling the issue regarding grant of financial benefit to senior ASPs w.e.f 1-1-2006 but our Directorate is silent despite several requests from the staff side. Consequent upon court verdict various orders like (i) placing of Inspector of Posts ( IP) in the Grade Pay of Rs 4,600/- from Rs 4,200/- w.e.f. 01-01-2006 on par with next hierarchical promotional Gazetted Post i.e. Assistant Superintendent of Posts (ASP) and (ii) grand of one increment in the same scale on promotion to next hierarchical Post of ASP cadre have been issued by the department for those who joined the department just after 2006 with all consequential benefits including arrears. These beneficiaries are being allowed the provisions of MACP at the upgraded level. Whereas far-far seniors who were working as ASPs on 1-1-2006, now Postal Service Group B officer have been placed in a detrimental and disadvantageous position. It is pertinent to mention here that many of our senior members are still working at level 8 whereas the juniors have been placed at level 9 on allowing benefit of 3rd MACP. It is a clear cut case of discrimination.
Sir, you will agree that consequent upon placing ASPs and IPs in the same GP of 4600/- corresponding to the old pay the scale of 7450-225-10500, the promotion already given to ASPs in the lower scale of 6500-200-10500 has become redundant and need to be discarded Hence, an anomaly occurred due to hierarchical problem. These orders nullified the promotion of ASPs (Gazetted). As a matter of justice, ASP should be allowed benefit of one increment as on 1-1-2006 as allowed to ASP promoted after 1-1-2006 in the same scale.
Reasons for Anomaly between IP & ASP on 1-1-2006.
1. Postal Directorate vide Memo No 2-12/2013-PCC dated 24.10.17 increased Grade pay of IP by Rs 400/- (from 4,200 to 4,600) from 1-1-2006.
2. IP pay has been fixed minimum as Rs 17,140 ( Pay band Rs 12,540 + GP Rs 4,600) as on 1-1-2006 vide OM No. 8-23/2017-E.IIIA dated 28-09-2018 of Ministry of Finance Department of Expenditure.
3. Under the provision contained in OM No.10/02/2011-E.III/A of Ministry of Finance Department of Expenditure dated 7-01-2013 one increment is given when IP promoted to ASP after 2006.
4. Further, on 1-9-2008 after the introduction of MACP orders, a PA recruited after 1-9-1989 who is IP/ASP will get 4,800/-grade pay WITH INCREMENT in his 2nd MACP in just 20 years of service apparently earlier to Sr. ASP who got 4800 after 30 years.
In nutshell with all the above orders/provisions, some of the IP's pay either became equal or crossed the ASP after 1-1-2006 to 1-9-2008. Reason for pay Anomaly between ASP & IP is due to placing/granting of 4,600 Grade Pay to IP on and after 1-1-2006 and ignoring the fundamental right of seniors.
Further calculation reveals that IPs as on 1-1-2006 are given Rs. 400/- increase in their Grade Pay and also will get one increment when they get ASP promotion after 1-1-2006 around Rs 600/-. But contrary to this those who were ASPs as on 1-1-2006 and their pay was fixed after 6th pay commission was simply given multiple of 6500/- without even giving the benefit of fitment table. Now again on the promotion of these IPs to ASP will again get one increment + 4,800 GP under 2nd MACP around Rs 650 + 200 = Rs 850/-.
As explained above, after 1-1-2006 an IP by 1-9-2008 will get around Rs 400+600+850 = Rs 1,850/-. While ASP has not given any benefit of creating an anomaly in the hierarchy.
ANOMALY is due to the WRONG decision of MoF/DoE/DoP as grade pay of ONLY IP was upgraded WITHOUT UPGRADING grade pay of ASP. Hence, Anomaly has to be set right.
.
Solution to set right Anomaly between IP and ASP
A. Cadre of Inspector Post (Non-Gazetted) and ASP (Gazetted) have been placed in the identical GP of Rs. 4600/-. As provided in MOF OM No. 10/2/2011.E.III/A dated 7-1-2013, the fixation of pay on promotion from one post to another where promotional post carries the same GP as the feeder post, in such cases fixture of pay will be done in the manner as prescribed in Rule 13 (i) of CCS (RP) rules 2008. Apparently, the officers who were working as ASPs as on 1-1-2006 are also eligible for the fixture of pay w.e.f 1-1-2006 in an identical scale for two different cadres after giving the benefit of increment.
B. Since ASPs and IPs have been placed on the same scale so provision for grant of MACP or ACP will have to be redefined in view of the DoPT clarification in its OM No. 35034/1/97-Estt (D) (Vol. IV) dated 12.02.2000 ( point of doubt No. 1) and 18.7.2001, earlier promotion given is to be IGNORED COMPLETELY & promotion earned /up-gradation granted under the ACP schemes in the past to those grades which now carry the same GP due to the merger of the scales/ up-gradation of posts recommended by the sixth pay commission shall be ignored for the purpose of up-gradation under MACPs.
As such fixation is to be given afresh with increment on 1-9-2008 under MACP. As per VI pay Commission, change of grade pay should be accompanied by fixation only. Otherwise, Anomaly continues & hundreds of both serving & retired ASPs have to approach Court unnecessarily by spending thousands of rupees.
Association, therefore again urge your kind honour to issue orders with regard to extending benefits of Grade pay of 4800 and 5400 as on 01-01-2006 with increment in the same scale to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006.
With profound regards
Yours Sincerely
R N Yadav
General Secretary
Postal Officer Association
Copy to:
1. Sh. P.K.Bisoi, The Member (Personnel) Postal Services Board, Postal Directorate, New Delhi-110001
2. The DDG (Establishment ) Dak Bhawan New Delhi-110001
3. The ADG(PPC), Dak Bhawan New Delhi-110001
Annex-II
POSTAL OFFICERS ASSOCIATION (INDIA)
Central Headquater : 17/3 B, Kali Bari Marg, New Delhi 110001
To
Sh. A.N.Nanda,
The Secretary (Post)
Dak Bhawan, Sansad Marg
New Delhi-100001
No. CHQ/POA/1-54/2017-18 Dated 11.03.2019
Sub: Request for issue of orders to grant financial benefits on 01/01/2006 to senior IPs, ASPs and Group B officers consequent upon placing IPs & ASPs in the same scale.
Respected Sir,
Kindly refer to this association letter dated 15.10.2018 and 17-12-2018 on above mentioned subject through which Postal Officers had requested for extending benefits of 2nd and 3rd MACP in Grade pay of 4800/- and 5400/- to all senior IPs/ASPs, who were promoted to ASP/PS group B cadre or had been granted 2nd financial up-gradation prior to 01/01/2006. Copy of the earlier letters is enclosed for your reference.
In this respect, it is to be stated that consequent upon placing the ASP and IP in the same GP of Rs. 4600/- corresponding to the old pay scale of 7450-225-10500, the promotion granted in the ASP cadre who were working in that capacity as on 1-1-2006 is required to be ignored. Directorate in the letter 4-7/ (MACPS) 2009-PCC dated 11-1-2013 had clarified that prior to introduction of MACPs, promotion/ financial up-gradation in the posts which carry the same grade pay due to merger of pay scales/ up-gradation recommended by CPC are to be ignored in terms of clarification given on point of doubt 1 of ACPs in the letter dated 10-2-2000.
As such the pay fixture benefit to those ASPs who were promoted prior to 1-1-2006 or who got financial up-gradation prior to 1-1-2006 needs revision as on 01-01-2006 in the same manner as was done in case of other cadres in their respective hierarchy. In our cadre it should be GP of 4600/-, 4800 and 5400/- for 1, 2 & 3rd financial up-gradations.
Following illustrations would explain the position:
1.
|
Date of appointment of an applicant in entry grade as PA in the pre-revised pay scale of 260-480
|
DOJ in the department 30-12-1981
|
Entry in department It is common for all.
|
2.
|
1st promotion in IP cadre in the pay scale of 1400-2300, up-graded to 5500-9000 by 5th pay commission now upgraded to the scale of 7450-225-10500 in the GP of 4600 (1-1-06)
|
Date of promotion in the cadre of Inspector Post 30-01-1989
|
Both the cadres have now been placed in the same GP w.e.f 1-1-06 which should be treated as 1st promotion or MACP.
|
3.
|
2nd promotion in ASP cadre 6500-200-10500. The ASPs were given GP of Rs. 4600/- corresponding to the upgraded old pay Scale of 7450-225-10500 as on 1.1.2006. At that time no bunching benefit was given and pay was fixed with multiple of 1.86 what was drawing in scale of 6500-200-10500.
|
Date of promotion in the scale of 6500-200-10500
7-12-2001
| |
4.
|
3rd MACP in GP of 4800/- now level 8 which has been conferred to ASPs w.e.f 1-1-2016 and are given 2nd promotion or MACP as the case may be.
|
7-12-2011
|
This should be treated as 2nd MACP to ASP promoted prior to 1.1.2006
|
5.
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Now 3rd MACP is being conferred in the GP of Rs. 5400/- on completion of 30 years of service to all ASPs eligible for MACP or promotion.
|
Still virtually working in 4800/- as fixation is not done on 1-1-2016
|
This should be treated as 3rd MACP to ASP promoted prior to 1.1.2006 when it is considered for those promoted after 1.1.2016
|
Apparently both the scales of IPs and ASPs have been merged and granted GP of Rs. 4600 w.e.f. 01.01.2006 corresponding to old pay scale of 5500-9000 in which applicant get 1st promotion & 6500-225-10500 upgraded to GP of Rs. 4600/- equal to the old pay scale of 7450-225-60500 w.e.f. 01.01.2006.
Consequent upon merger of two scales and placing both the scales in GP of Rs. 4600/- the applicant become eligible to 2nd MACP on completion of 20 years of service in the GP of Rs. 4800/- w.e.f. 01.01.2006. However, if the department considers it that financial up-gradation under MACP cannot be conferred from the date prior to 01.09.2008 in such a case 2nd financial up-gradation in GP of Rs. 4800/- can be given from 01.09.2008. The applicant will accordingly become eligible for 3rd MACP in the GP of 5400/- on completion of 30 years of total service or after rendering of 10 years service in 2nd MACP.
Since the review DPC is applicable for other similar placed officers in all the circles as promotion in ASP cadre can vary from circle to circle so this association request you to please issue common orders to all the circles to conduct review DPC for all the ASP/ P S Group B officers so that no one feel discriminated.
Thanking you and remains.
Yours sincerely,
(R N YADAV)
GENERAL SECRETARY
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