GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)No PC-V/2009/ACP/7/SCR
New Delhi, dated 31-05-2013The General Secretary AIRF
4, State Entry Road, New Delhi-110055
Sub:-Treating of upgraded posts form JAA to AA on account of restructuring of Accounts Staff as financial upgradation of promotion.
The undersigned is directed to refer to AIRF's letter No.AIRF /05(96), dt. 11-04-2013 on the above subject and to state that the matter has been examined in light of the provisions regarding recruitment/promotion of Account Cadre and relevant clarifications of ACP/MACP Scheme and it has been observed as under:-
a) That the provisions regarding recruitment and promotions of Accounts Staff are contained in Para 171 of IREM Vol.' and as per para 171 (5), the post in the grade of Account Assistant in scale of Rs.1400-2600 will be filled by promotion of Junior Account Assistant in scale of Rs.1200-2040 after they have completed 3 years service in the grade and passed Appendix-II examination. This is statutory position regarding appointment to Account Assistant's grade which categorically stipulates that this is not only promotion but also laid down the eligibility criterion viz. 3 years service in JAA grade for the said promotion. Further, on appointment to AA grade from JAA grade the employees is also allowed benefit of pay fixation under FR 22 C as admissible in case of promotion to the post having higher duties and responsibilities.
b) That Board's instructions No. PC-1V/86-Imp/30, dated 18-06-1987 and E(NG) I-86/PM¬9/8, dated 27-08-87 while providing for introduction of higher functional scale of Rs.1400-2600 in Accounts Cadre to the extent of 80% of the post of Clerk Grade-I/Rs.1200-2040 (including existing Sub-Heads) also simultaneously laid down that Staff in Grade Rs. 1200-2040 will be eligible for promotion to the higher grade after minimum 3 years service in Rs. 1200-2040 provided they have passed Appendix-IA examination.
c) That in terms of clarifications issued against S.No.3 1 of Board's letter dated 19-02-2002 when only a part of the posts are placed in a higher scale and rest are retained in existing grade thereby involving re-distribution of posts, then it involves creations of another grade in the hierarchy requiring framing of separate recruitment rules of the upgraded posts. Placement of existing incumbents to the extent of upgradations involve in the upgraded posts will also be treated as promotion/upgradation and offset against entitlement under the ACP Scheme. Evidently, the case of Accounts Staff stands covered with aforementioned instructions and therefore their promotion/upgradation to the post of AA from JAA is to be taken into account for the purpose of ACP Scheme and offset against entitlement under the Scheme. From the aforementioned instructions, it is also evident that not only promotions but upgradations as well are to be taken into account for the purpose of ACP Scheme and the notion that only promotions has to be reckoned for the purpose of ACP Scheme is incorrect.
d) That the ACP/MACP Schemes provides for grant of financial upgradation to the employee subject to the fulfillment of terms and conditions prescribed for the respective Schemes. Therefore, as per principle of equity any upgradation granted otherwise is requires to be taken into account for the purpose of grant of financial upgradation under the ACP/MACP Scheme. In respect of many other categories, DoP&T- the nodal department of Govt. on ACP/MACP Scheme have clarified that every financial upgradation is to be counted as upgradation and offset against the financial upgradation under the MACPS.
2. In view of the aforementioned statutory provisions and relevant clarifications regarding ACP/MACP Scheme, the demand of the federation is not feasible for acceptance.
for Secretary/Railway Board
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