REF: BPMS/ MoD/ Entry Pay/ 60(7/3/L)
Govt of India, Ministry of Defence
South Block, DHQ PO
New Delhi- 110011
Subject: Entry Pay benefit on upgradation under ACP Scheme.
With due regards, it is submitted that Assured Career Progression Scheme was introduced vide DoP&T O.M. No. 35034/1/97-Estt.(D) dated 09.08.1999 for Central Govt Employees whereby the benefit of two assured financial upgradations was granted to the employees.
Pay fixation method on upgradation under ACP Scheme as described under rule 9 of Annexure-1 of above letter is as under-
“9. On upgradation under the ACP Scheme, pay of an employee shall be fixed under the provisions of FR 22(1)a(1) subject to a minimum financial benefit of Rs 100/- as per the DoP&T O.M. No. 1/6/97- Pay I dated 05th July 1999.”
The above paragraph clearly establishes that Pay fixation in both cases viz Promotion and financial upgradation under ACP Scheme, is to be done by applying same methodology/ rule.
Further, Rule 8 of CCS (RP) Rules, 2008 stipulates that section II of Part A of the First Schedule of these Rules indicates the entry level pay in the pay band at which the pay of direct recruits to a particular post carrying a specific grade pay will be fixed on or after 01.01.2006.
But the above fixational benefit was not extended to promoted employees on the same post whereas there was a provision of Direct Recruitment in relevant rules. This discrimination agitated the promoted employees and the matter was referred to higher authorities/ forums.
Hence, vide letter No. 8-23/2017-E.IIIA dated 28th Sep, 2018 of Department of Expenditure, Min of Finance, the benefit of Entry Pay was extended in 6th CPC scales to the under mentioned extent
With respect to those posts where entry pay for direct recruits appointed on or after 01.01.2006, as per Section II of Part A of the First Schedule of CCS(RP) Rules, 2008, becomes applicable by virtue of the provision of the element of direct recruitment in the relevant recruitment rules, the pay of Central government employees who were appointed to such posts prior to 01.01.2006 turns out to be lower than the entry pay w.e.f 01.01.2006. Likewise, the pay of Central Government employees who were appointed to such posts by way of promotion on or after 01.01.2006 and whose pay, as fixed under Rule 13 of CCS(RP) Rules, 2008, happens to be lower than the said entry pay, shall also not be less than such entry pay from date of their promotion taking place on or after 01.01.2006.
[In the nutshell, Entry Pay benefit on promotion will be available for those post wherein the provision of DR exists]
After issuance of above order, the matter with respect to Industrial Employees of Ordnance Factories for extension of benefit of Entry Pay was raised and CGDA allowed the benefit in favour of them on the basis of DR clause in the relevant recruitment rules.
Thus, Employees got the benefit of Entry Pay on Promotion but in case of upgradation under ACP till 31.08.2008, parity was not maintained. Though Promotion and upgradation under ACP, both have same methodology of Pay Fixation, upgradation under ACP still lacks equal treatment. Industrial Employees who have got upgradation under ACP from 01.01.2006 to 31.08.2008 have been waiting for their turn of getting the above benefit.
The above matter was raised in 26th Ordinary meeting of OFB JCM –III Level Council (11th Term) held on 22.02.2020 and minutes was circulated vide letter No. 20/15/26(11)/IR dt 19.05.2020. In turn, OFB replied that there is no such Govt. instruction.
Therefore, you are requested to examine the matter and issue necessary instructions in this regard with consultation of DoP&T and Min of Fianance.
General Secretary/ BPMS &
Member JCM II Level Council (MoD)