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Doubts
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Clarification
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Whether the benefits of ACPS would be allowed in respect of isolated
cases due between 01.01.2006 and 31.08.2008 where the pre-revised pay
scales of Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 &
Rs.7450-11500 have been merged into single grade pay of Rs.4200 and Rs.4600
respectively w.e.f. 01.01.2006?
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Yes. Since the pre-revised Rs.5000-8000 & Rs.5500-9000 and
Rs.6500-10500 & Rs.7450-11500 (isolated cases) have been merged into
single grade pay of Rs.4200 and Rs.4600 respectively w.e.f. 01.01.2006, the
benefits of 1st and 2nd financial upgradations under the ACPS should be
considered/allowed in the grade pays of Rs.4600 and Rs.4800 in PB-2, as the
case may be, due between 01.01.2006 and 31.08.2008 in respect of isolated
cases in terms of para 5 of Annexure-I of MACPS dated 19.05.2009.
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In a hypothetical situation cadre hierarchy was as follows:
Rs.5000-8000 (revised GP 4200) Rs.5500-9000 (revised GP 4200) Rs.6500-10500 (revised GP 4600) Rs.7450-11500 (revised GP 4600) Rs.10000-15200 (revised GP 6600) (i) What would be the 1 st financial upgradation under the ACPS for a Government employee recruited in pre-revised pay scale of Rs.5000- 8000, who has completed his 12 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008);(ii) What would be 2nd financial upgradation for employee recruited in 5000-8000, who has completed 24 years of regular service on 12.04.2007 (between 1.1.2006 and 31.8.2008) |
In terms of clarification given on point of doubt no.3 issued vide
DOPT’s O.M. No.35034/3/2008-Estt.(D) dated 9.9.2010, the benefits of ACPS
would be applicable in the new pay structure adopted w.e.f.
1.1.2006 in the promotional hierarchy.
(i): Since the pre-revised pay scales Rs.5000-8000 & Rs.5500-9000 have been merged and placed in PB-2 with grade pay of Rs.4200, 1st financial upgradation would be allowed in the grade pays of Rs.4600, subject to fulfillment of promotional norms as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000.Since the pre-revised pay scales Rs.6500- 10500 & Rs.7450-11500 have been merged and placed in PB-2 with grade pay of Rs.4600, 2nd financial upgradation would be allowed in the grade pay of Rs.6600, subject to fulfillment of promotional norms (after framing of RRs post merger) as stipulated in condition no.6 of Annexure-I ACPS dated 9.8.1999, in terms of clarification given on point of doubt no.1 of ACPS dated 10.02.2000. |
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(iii) If a Government servant recruited in the pre-revisedpay scale of
Rs.5000-8000 has been promoted in the promotional hierarchy in the pre-
revised pay scale of Rs.5500-9000 prior to 1.1.2006 (and he has put
in 14 years of regular service)then
would there be any claim for financial upgradation under ACPS.
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(iii): The pre-revised pay scales Rs.5000-8000 &
Rs.5500-9000 have been merged and placed in PB-2 with grade pays of Rs.4200
w.e.f. 1.1.2006. Hence, the promotion would be ignored as he has completed
his 12 years of regular service and the benefit of 1 st ACP would accordingly
be allowed in the promotional hierarchy i.e. in the grade pay of Rs.4600
w.e.f. 01.01.2006.
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(iv) If the above Government servant had put in 22 years as on
31.08.2008, then what would be the entitlement in MACP.
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(iv): As given above, the 1 st ACP would be in PB-2 grade pay of
Rs.4600 after ignoring the previous promotion. Thereafter, since employee has
completed more than 20 years of regular service on 01.09.2008, he would be
entitled for 2nd financial upgradation under the MACPS in the immediate next
higher grade pay of Rs.4800 in PB-2 subject to fulfillment of condition as
stipulated in para 17 of Annexure-I of MACPS dated 19.05.2009.
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Actions
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Time Limits
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For submission of
written statement of his defence to the charge sheet
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Within 10 days of
the receipt of Memorandum [Charge Sheet]
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Period of
limitation of Appeal
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Appeal has to be
preferred within a period of 45 days from the date on which a copy of the
order appealed against is delivered to the applicant. However, the Appellate Authority may
entertain the appeal after the expiry of that period, if it is satisfied that
the appellant had sufficient cause for not preferring the appeal in time.
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Time limit for
disposal of Appeal
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Not prescribed,
however quicker disposal is insisted by the rules.
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Exercising of
Revisionary Power by the Appellate Authority
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Within six months
of the date of the order proposed to be revised. In case, however more than
six months have elapsed from the date of the order to be reviewed, the
question of recommending a revision by the P&T Board, should be taken up
through the respective Heads of Circle and Administrative Officers.
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Review of
Punishment
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Powers vested
with the President, can be carried out at any time.
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Submission of
Revision Petition
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An employee may
prefer a revision petition to the Revising Authority without submitting an
appeal. If the Revising Authority to
whom the revision petition has been preferred is the Appellate Authority, the
revision petition should be submitted well before six months of the date of
the order sought to be revised. In so
far as a petition for revision to the P&T Board/President is concerned,
though CCS [CCA] Rules 1965 do not lay down any time limit, it would be
advisable to prefer such petitions within six months of the date of the order
sought to be revised.
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Review of
Suspension
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Suspension shall
not be valid after 90 days unless it is extended after review before the
expiry of 90 days.
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Actions
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Time Limits
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For Filing Complaint in Consumer Forum
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The District
Forum, the State Commission or the National Commission shall not admit a
complaint unless it is filed within 2 years from the date on which the cause
of action has arisen. However, a
complaint may be entertained after the period specified above if the complainant
satisfies that the District Forum, The State Commission of the National
Commission, as the case may be , that he had sufficient cause for not filing
the complaint within such period.
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Enforcement of
the orders of Forum
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When the order is
not implemented, District Forum, State Commission or National Commission may
order the attachment of the property of the person not complying. However, no
attachment shall remain in force for more than three months at the end of
which, if the non compliance continues, the property attached may be sold and
out of the proceeds thereof, the District Forum of the State Commission or
the National Commission may award such damages as it things fit to the
complainant and shall pay the balance if any to the party entitled thereto.
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Actions
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Time Limits
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Time limit for
filing an application before CAT
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An application
has to be filed within 1 year from the date on which the initial final order
has been made. Where an
appeal/representation has been submitted in the matter and the authority
competent to pass final order has not passed the said order, application has
to be filed after the expiry of a period of six months from the submission
such application/representation and within one year from the date of expiry
of the said period of six months. Tribunal has power to admit an application
in relaxation of the above limitation, if sufficient cause is shown,
supported by an affidavit, for not making the application within the
stipulated period.
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Action Judgment
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The order of the
Tribunal is final and binding on both the parties. It should be compiled with within the
time-limit prescribed in the order or within six months of the receipt of the
order, if no time-limit is prescribed.
Failure to implement the order in time may give rise to cause of
action for initiating contempt proceedings.
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Review Provision
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If the applicant
and/or the respondent are not satisfied with the judgment, it is open to them
to seek review of the judgment by filing a petition within 30 days of the
communication of the order. Review
petition would lie only when there is a glaring omission, paten mistake or
grave error. Once the review petition
is dismissed, there is no provision for further review. The matter has to be agitated before
Hon.Supreme Court, through Special Leave Petition.
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District Forum
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Where the value
of goods or services and compensation does not exceed Rs.20 Lakh.
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State Commission
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Where the value
of goods or services and compensation is above Rs.20 Lakh, but below Rs.1
Core.
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National
Commission
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Where the value
of goods or services and compensation is above Rs.1 Core
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