08 May 2011
Sir, Diversified opinions are being expressed on the subject
FIRSTLY, As per the scheme, financial up-gradtions are granted on completion of 12/24 years of regular service. The term "regular service" since has been defined as eligibility service counted for regular progmotion in terms of relevant recruitment rules/service rules. Further certain categories of employees such casual employees including those with temporary sttus, ad-hoc and contract employees shall not qualify for benefits under the aforesaid scheme. The Financial up gradation under the scheme is given to the next higher grade in accordance with the existing hierarchy in a cadre/category of post.
SECONDLY, As per the instructions contained in the DOPT's OM NO; 11012/5/2000-Estt(A) dated 10-05-2001, the classification of a post shall be determined with reference to the grade in which the post is originally sanctioned irrespective of the grade/pay scale in which the officer may be placed at a point of time".
From the above two statements, Will honorable courts do consider that the ACP benefits needs to be sanctioned based on the pay scales of sanctioned posts or based on the employees holding pay scales as per relevant recruitment rules?
This point of doubt is being expressed since it pertains to NYKS-entire things were on reversal side. It is a normal practise that initially post has to be created and then recruitment rules have to be prepared or say vice versa in some peculiar conditions and latter recruitment of personnel takes place. But in Nehru Yuva Kendra Sangathan, a central autonomous body under the Ministry of Youth Affairs and Sports first of employees were deployed on contract basis and latter they were granted central pay scales (5thCPC) and after more than a decade after deployment of personnel, recruitment rules were framed and after framing of recruitment rules another decade passed by and then alone the posts were sanctioned.
In this situation, whether ACP BENEFITS HAVE TO BE GRANTED BASED ON THE PAY SCALES ATTACHED TO SANCTIONED POSTS OR BASED ON THE PAY SCALES ATTACHED AS PER RECRUITMENT RULES IN FORCE.