MY COMMENTS

In the case cited by the revenue dept in the subject circular , the fact
remains that the applicants got the Pre revised pay scale of 8000-275-
13500[ considered as equivalent to GP of 5400in PB2] which happened to
be the pay scale of a promotional post of Assistant commissioner, much
before the implementation of the 6th pay commission[ which came into
effect from 1.1.2006] as second financial up gradation by means of the
second ACP. For that reason, the Hon Tribunal considered that in such
cases, the third financial up gradation would fall in the same grade pay of
5400 in PB3 by applying para 8.1 of the MACP Scheme. The Tribunal has
also held that financial up gradation under MACP must be granted only to
the next grade pay and GP of Rs 5400 in PB2 and GP of Rs 5400 in PB3
are to be separate grade pays for the MACP Schme.

However, in my case the GP of Rs 5400 in PB2 was granted as a normal

pay scale in accordance with the RP Rules ,2008 since I already completed
4 years.

Thus , fact wise this case is different from my case.

Even otherwise, this cited decision of the Hon Tribunal is apparently

erroneous for the following reasons

In the subject case , the applicants were granted the pre revised pay scale
of the Assistant commissioner ie 8000-275-13500 as the second financial up
gradation through ACP scheme , the corresponding GP to that scale after
1.1.2006 is GP of 5400 in PB3 and not GP of 5400 in PB2 as incorrectly
found out by the Hon. Tribunal.CBEC Circular F No A 23011/29/2010 Ad II
A dated 20.05.2011 specifically clarified this position. Therefore GP of Rs
6600 was correctly granted to them as the next GP, under the MACP
schme.

The Hon Tribunal has incorrectly interpreted the provisions of para 8.1 of
the MACP schme.Para 8.1 simply says that GP of Rs 5400 inPB2 and GP of
Rs 5400 inPB3 are to be separate grade pays for the schme and the object
of this sub para has been clearly clarified in para 16 of the FAQ Issued by
the DOPM.
16 .Whether 'Non-functional Scale' of Rs.8000-13500 (revised to grade pay 01 Rs.5400 in PB-3) would be
viewed as one financial upgradation for the purpose of MACPS.

Yes, in terms of para 8.1 of Annexure-l 01 MACPS dated 19.05.2009

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