Legal advise of service law expert needed urgently
Querist :
Anonymous
(Querist) 08 March 2011
This query is : Resolved
LEGAL ADVISE OF EXPERTS NEEDED ON ACP SCHEME(central service)
Assured Career Progession Scheme(ACP) is introduced by Govt. of India in 1999 according to which a governmant servant will be entitled for first financial up-gradation for completion of 12 years of service without any promotion and second financial up-gradation for 24 years of service. ACP scheme also states that Recruitment Rules(RR) Providing multiple channels of promotion must be amended to ensure single channel of promotion.
Nehru Yuva Kendra Sangathan is a central autonomous body.NYKS RRs provides multiple channels of promotion. Accounts clerk cum Typist(4000-100-6000-Group C) in one channel of promotion can be promoted after completion of 3 years of service to the post of Junior Accountant (4500-125-7000) and as per another channel of promotion can be promoted to the post of Administrative Officer(6500-200-10500) after completion of 12 years of service. The Post of Junior Accountant exists only in State Office and Headquarters. The District Level Office of NYK consists of only 3 Posts i.e. Youth Coordinator(Group-A) Accounts clerk cum Typist(Group-c) and Peon cum Chowkidar(Group-D)As per 5th Central Pay commission an employee working in Group-C cadre cannot directly be promoted to the post of Group-A. Therefore NYKS has created a channel of promotion wherein ACT-12 years-AO-5 Years-YC could be promoted.As per another channel of promotion ACT-3 years- Junior Accountant-8 Years-Junior Accounts Officer(5500-175-9000)-2 Years-Assistant Accounts Officer(6500-200-10500) -3 Years-Accounts Officer is created.
NYKS has sanctioned 5500 and 6500 scales as 1st and 2nd financial upgradation for 12/24 years of service.
In June 2008 Ministry ordered for lowering down to 4500 and 5500 scales and ordered for recovery of arrears.
IN THIS SITUATION WHAT SHALL BE THE FIRST AND SECOND FINANCIAL UP-GRADATIONS SHOULD BE FOR THE POST OF ACT IN NYKS?
R.Ramachandran
(Expert) 09 March 2011
The orders of the ministry seems to be right. From Accounts Clerk-cum-Typist the next logical promotion is only to the grade of Junior Accountant (4500) and not Junior Accounts Officer (5500) which is the next higher post to Junior Accountant.
Guest
(Expert) 09 March 2011
ACP is for those persons who are not able to get their promotion in due course of time in their normal line of promotion during the first 12 years of their service due to non-availability of adequate number of higher posts in the hierarchy, and thereafter during the next 12 years of service also.
From your case, it is not clear whether you want clarification in your non-promotion case or just to enhance your knowledge in general.
Your question is also not clear whether the person in question has received any promotion during the first 12 years of his service or not. If he has received any promotion during the first 12 years of service whether he has received any further promotion within the next 12 years of his service or not.
Any hypothetical solution to any non-existing or half explained problem may not be of any use. Rather that may prove to be a sheer misleading solution for you.
SO, FOR PROPER SOLUTION, you may please first provide proper information rather than getting a wrong solution merely on hypothetical basis.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
