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Regarding macp clarification

(Querist) 19 May 2014 This query is : Resolved 
Pl. clarify my doubt:

1. One Person appointed as Assistant in Autonomous body in 7/6/1994. Due to not getting any promotion he got his first ACP w.e.f. 7/6/2006. His pay is given as under

1. Initial pay scale 9300-34800 + GP Rs. 4200

2. Got 1st ACP in the pay scale 9300-34800 + GP Rs. 4600 w.e.f. 7/6/2006 ( after completing 12 years of regular service in the pay scale of 9300-34800 + GP Rs. 4200)

3. He got promotion for the post of Section Officer in the Pay scale of 9300-34800 + GP Rs. 4600 w.e.f. 26/6/2014.

Now the incumbent is demanding 2nd MACP w.e.f. 7/6/2014 in the pay scale of 9300-34800 + GP Rs. 4800.

Please clarify can he is eligible for second MACP as he already got one ACP and one Promotion.
ROHIT SHARMA (Expert) 19 May 2014
1. He is entitled to annual increments till he reaches the last maximum limit of the scale pay determined in the appointment letter.
Guest (Expert) 19 May 2014
He is entitled to upgradation under second MACP, as he completed 20 years of service on 7.6.2014.
P. Venu (Expert) 19 May 2014
The basic information furnished is incorrect. His initial appointment could not have been in the pay scale of 9300-34800 GP 4200!

So also, CCS(RP)Rules, 2008 had not come into force when he got ACP on 7/6/2006.

Pl.furnish the correct information.
Sudhir Kumar, Advocate (Expert) 20 May 2014
SO he is having 20 years of service without second promotion. There should be no doubt on his entitlement of upgradation.
Sudhir Kumar, Advocate (Expert) 20 May 2014
P.S.
How are you connected to the case.
kailash (Querist) 20 May 2014
Thanks for reply :- But sir a little bit mistake has been done from my part please excuse me and reexamine the case

1. Initial pay scale 9300-34800 + GP Rs. 4200

2. Got 1st ACP in the pay scale 9300-34800 + GP Rs. 4600 w.e.f. 7/6/2006 ( after completing 12 years of regular service in the pay scale of 9300-34800 + GP Rs. 4200)

3. He got promotion for the post of Section Officer in the Pay scale of 9300-34800 + GP Rs. 4600 w.e.f. 26/5/2014.

Now the incumbent is demanding 2nd MACP w.e.f. 7/6/2014 in the pay scale of 9300-34800 + GP Rs. 4800.

Please clarify can he is eligible for second MACP if he got promotion before the eligibility date of second MACP ( promotion for the post of Section Officer on 26/5/2014 and 2nd MACP due w.e.f. 7/6/2014) as he already got one ACP and one Promotion.

Guest (Expert) 20 May 2014
But, you have not clarified, how you are concerned with the problem.
kailash (Querist) 21 May 2014
Thanks Sir Dingra Ji :

Sir the incumbent got one ACP after 12 years regular service in his the post of Assistant i.e Rs. 4200/- grade Pay and getting Rs. 4600/- grade pay w.e.f. 7/6/2006 due to not getting any promotion.

As per MACP which was implement w.e.f. 1/9/2008 the above concerned incumbent is eligible for 2nd MACP after completing of 20 years of regular service w.e.f. 7/6/2014 from the date of his initial appointment in the post of Assistant.

As per rule he is eligible for second MACP which is due in June'2014

But before that the administration has given promotion from the post of Assistant to Section Officer in May'2014 before one month from the date of eligibility of his 2nd MACP.

The grade pay of Assistant after getting first ACP is Rs. 4600/- w.e.f June'2006 and
the grade pay of Section Officer is Rs. 4600/-

Please clarify that he is eligible for 2nd MACP even getting promotion one month before from the date of eligibility of 2nd MACP
Anirudh (Expert) 21 May 2014
Any ACP is allowable only when the employee concerned has not got promotion within the stipulated time period, say 12 years, 20 years etc.
If an employee has got regular promotion to the next higher grade (whether just 1 month prior, or one week or one day prior does not matter), then he will not be entitled to ACP.

In your case, before the due date for second ACP, you have been regularly promoted to the post of Section Officer. Thus, one of the conditions for grant of ACP is knocked off! Therefore there is no case for second ACP in your case in the cadre of Assistant.
Guest (Expert) 21 May 2014
You have still avoided to state, what concern you have with the present case of the other incumbent. Any reason for not providing facts?
kailash (Querist) 21 May 2014
Dear Dhingra Sirji,

Nothing to try hide I simply asking that the said person is eligible for 2 MACP(Modified ACP) after completing 20 years of service.

His Grade Pay w.e.f. 7/6/2006 is Rs. 4600/- and the Grade pay of Section Officer is also Rs. 4600/- (i.e. same grade pay w.e.f. 7/6/2006 as Assistant after getting first ACP and got promotion in May'2014 in the post of SO in the grade pay of Rs. 4600/-)


Can he entitle for MACP that if previous grade pay and promotional grade pay is same
kailash (Querist) 21 May 2014
Can anybody clarify the doubt

Total sanctioned post of Assistant are 16

In a organisation there are 05 posts of Assistant are lying vacant after the change of Recruitment rules of Assistant and as per revised Recruitment rules the method of appointment is

40% by promotion
40% promotion through Limited Departmental Examination
20% Direct method


11 posts of Assistant are already filled before change of recruitment rules as per following:-

Method of Recruitment as per old RR

Total sanctioned Post of Assistant 16

50% PROMOTION ( 08 POSTS)
50% DIRECT METHOD (08 POSTS)

Position as per roaster

07 Assistant in Promotional quota
04 Assistant in direct recruitment quota
=======
11 Posts in position
=====

As per old RR and New RR the different is

As per New RR (Total 16 posts)

40% by promotion ( 06)
40% promotion through Limited Departmental Examination (06)
20% Direct method (04)

Already in position

07 in Promotion i.e. one excess
05 in direct quota i.e. one excess

Now please advise that as per revised RR how we fill up the vacant five posts. As per above details it is clear that one post in promotion and one post in direct recruitment is excess.

As per Revised RR their is no candidate in the roaster of Promotion through Limited Departmental exam and the requirement in this quota is 06 posts as per revised RR. Can we fill above 05 vacant post through Limited departmental exam.

Please also clarify how the Roaster will be changed in case of revised recruitment rules.
Hope I am able to explain above points.

Thanks




Guest (Expert) 21 May 2014
Don't try to waste time of all experts, when neither you are able to express the real problem properly and correctly, nor you want to indicate in what way the problem relates to you. By unduly large expansion of description you have further sidetracked your original problem.

Even in your reply addressed to me you have not stated in what way the problem relates to you even on my repeated questions.

Better ask your superiors in your department to clarify your doubts, if the information is sought just for your general knowledge. Otherwise, must state what concern you have got with the present problem?
Sudhir Kumar, Advocate (Expert) 21 May 2014
you are constantly trying to avoid what Mr Dhingra as as to how you are connected with case and I also asked the same.


Now you are giving facts like sanctioned strength etc which are TOTALLY IRRELEVANT to MACP

please state clearly are you (-)ve motivated dealing Assistant/Section Officer/Under Secretary dealing with the case, as apparent from your submissions.

Sudhir Kumar, Advocate (Expert) 21 May 2014
This forum doe snot advise as to how wrongful loss can be engineered against an employee.


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