Mr.K.Ramalingam, who works for Central Excise Department as Superintendent at Tirunelveli, Tamilnadu is the author of this Article.

I would like to recall my previous article in GConnect (Go to article on Fixation of pay when ACP granted before 31.08.2008) now, as we have got a further clarification on this issue from DOPT in the letter Ref.No: 10067/2010 dated 29.11.2010 addressed by DOPT to Pr.Chief Controller of Accounts in response to clarification sought for by him. (Click here to read this letter dated 29.11.2010)

It could be seen that this clarification is totally favour of Superintendents of Customs and Central Excise and officers in the following similar cadres who have received second ACP to the pre-revised pay scale of 8000-275-13,500 (S-15) prior to 31.08.2008, on completion of 24 years of service as upgradation to grade pay of Rs.5400 in PB-2 in respect of these officers should not be counted as a financial upgradation in ACPS as grade pay of Rs.5400 in PB-2 is not a promotional hierarchy.

Name of Post	Pre-revised Pay Scale	Pre-revised Pay Scale taken for Revised Pay under 6CPC	Pay Band after 6CPC	Grade Pay
Administrative Officer Grade II/Sr.Private Secretary/Equivalent	7500-12000	7500-12000	PB-2	4800
	After 4 Years	8000-13500	PB-2	5400
Superintendent (Posts)	6500-10500	7500-12000	PB-2	4800
	After 4 Years	8000-13500	PB-2	5400
Income Tax Officers/Superintendent, Appraisers Etc (Customs and Central Excise)	6500-10500	7500-12000	PB-2	4800
	After 4 Years	8000-13500	PB-2	5400

Consequently those officers have to be fixed with the grade pay of Rs.6600 ( in terms of hierarchy available) in terms of DOPT's clarification Office Memorandum No. 35034/3/2008-Estt(D) dated 09.09.2010 and 3rd financial upgradation under MACPS to these officers would be in the immediate next grade pay in the hierarchy which is Rs.7600.

The full text of body of this clarification is given below for reference.

"Office of the Pr.Chief Controller of Accounts has requested DOPT to clarify as to whether the clarification dated 26.07.2010 is also applicable in case of those who have already been granted financial w.e.f 01.01.2006 to 31.08.2008 as per the ACPS of August, 1999 (before implementation of MACPS) or not.

2. As per the ACPS of August,1999, the benefits of 1st and 2nd financial upgradation under the scheme had been allowed in the promotional hierarchy. However, in the absense of promotional hierarchy i.e isolated posts, the benefits of financial upgradation under the ACPS had been allowed in the immediately next higher (Standard/Common) pay scales as indicated in Annexure II of ACP Scheme. It may ensured by

the referring department as to whether the grade pay of Rs.5400 in PB-2 is in the promotional hierarchy or otherwise. If this grade is in the promotional hierarchy, then it would be counted as financial upgradation under the ACPS. If not in the promotional hierarchy, the same would not be counted as financial upgradation. However, under the MACPS, every financial upgradation have been counted as one upgradation and

would be offset against one financial upgradation under the scheme in terms of Para 8.1 of Annexure-I of O.M dated 19.05.2009.

3. In accordance with Department of Personnel and Training instructions circulated vide O.M.No: 20034/2/2010-Estt.(D) dated 13.08.2010, all proposal should be sent on a file with the approval of an officer not below the rank of Joint Secretary spelling out clearlythe specific points/doubts to be clarified by the DOPT.

4. With the above remarks, we may return these papers to Office of the Pr.Chief Controller of Accounts for further necessary action."

The previous clarification dated 26.07.2010 referred to in this clarificatory letter addressed to Pr.Chief Controller of Accounts, is about financial upgradation from the grade pay of Rs. 4800 to Rs. 5400 after completion of 4 years of service to Superintendents of Customs and Central Excise and similar cadres in other departments. In that clarification dated 26.07.2010 it was clarified by DOPT that financial upgradation from the grade pay of Rs.4800 to Rs.5400 to certain cadres such as Superintendent of Customs and Central Excise after completion of 4 years of service is to be taken into account as ACP.

Check this previous GConnect Article for more details about this clarification.

Now, Pr.Chief Controller of Accounts has again sought for clarification regarding ACP granted between 1.1.2006 to 31.08.2008, to the Officers to have completed 24 years of service, under old ACP scheme. The query of Controller of Accounts is whether the said ACP should also be counted as a financial upgradation while calculating number of career progressions in ACPS.

For this query, it was clarified by DOPT in the present clarification letter dated 29.11.2010 that it should be ensured in the first place by the department as to whether the grade pay of Rs.5400 in PB-2 is in the promotional hierarchy or otherwise; that if this grade is in the promotional hierarchy, then it would be counted as a financial upgradation under ACPS and that if the said grade pay is not in the promotional hierarchy, the same would not be counted as financial upgradation.

The present clarification dated 29.11.2010, has again categorically expressed the intention of Government to provide additional pay benefits to senior level officers who have put in more than 24 years of service prior to implementation of sixth pay commission and MACPS .

I hope the administration as well as PAOs would  set right this matter based on the present clarification at least.