Document Fragment View

Matching Fragments

15. Learned counsel for respondents pointed out that the case of Smt. Kaveru Padma was different from that of the applicant as she was already working on the promoted post of Store Assistant since 1997 whereas the applicant was working on the post of Shelf Assistant and the financial upgradation granted to the applicant was as per CCS (Revised Pay) Rules, 2008. Hence, the applicant cannot claim to be treated on the same terms as Smt. Kaveru Padma. Learned counsel further stated that the applicant has not been recommended for first financial upgradation in PB-2 with GP of Rs. 4200/- under the MACPS since it was not the immediate next higher grade pay of the applicant in the hierarchy of the recommended revised pay band and grade pay as given in Section I Part A of the first schedule of the CCS (Revised Pay) Rules, 2008. The immediate next higher grade to PB-I with GP Rs. 2400/- in which the applicant was working is PB-1 with GP 2800/-. Hence, PB-2 with GP of Rs. 4200/- was not awarded to the applicant. Learned counsel invited our attention to the OM No. 35034/3/2008-Estt. (D) dated 19.05.2009 and O.M. No. 35034/3/2008-Estt. (D) dated 09.09.2010 clearly state as follow:

"The upgradations under MACPS is to be granted in the immediate next higher grade pay in the hierarchy of recommended revised pay band and grade pay as prescribed in CCS (Revised Pay) Rules, 2008."

16. The First Schedule attached to the CCS (Revised Pay) Rules, 2008, Part -A, Section 1, Entry on Sl. No. 8 and 9, clearly shows that the next higher grade to PB-1 with GP Rs. 2400/- (mentioned on Sl. No. 8 of the Schedule) is PB-1 with GP Rs. 2800/- (mentioned on Sl. No. 9 of the Schedule). Hence, the applicant has been correctly granted PB-1 with GP Rs. 2800/-. Learned counsel reiterated that since no promotion was given to applicant in absence of vacancy of vacant promotional post when he completed 5 years of service, the applicant was not given Pay Band-2 i.e. pay scale of Rs.9,300-34,800 + financial up gradation of Pay Band-2 i.e. 4,200/-. The applicant would have been eligible for Grade Pay of Rs.4,200/- only on promotion.

18. The crux of the matter is whether the applicant is entitled to enhancement of his requested Grade pay to Rs 4200/- , in place of Rs 2800/- granted to him by the respondent. In this regard, We refer to the OM No. 35034/3/2008 dated 19th May, 2009, which states as follows:-

"2. The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS 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. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

"1. The para No. 2 of Annexure I of O.M. No. 35034/3/2008-Estt.(D) dated 19th May, 2009 states, "The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section I. Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. ..........". It is to be noted that MACPS does not say of financial up gradation to the next higher grade in accordance with the existing hierarchy in the cadre.