Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order and Judicial Verdicts

Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order

All India Civil Accounts Employees Association

(RECOGNIZED BY GOVT. OF INDIA)
Central Headquarters

Central Office: -
Room No. 351, 'B' Wing,
Loknayak Bhawan, Kali Bari Marg,
Khan Market, New Delhi - 110003

Address for Communication:-
17/2 - C, P & T Quarters,
New Delhi-110001

No:- AICAEA/HQ/A-2/2018/412

Dated: 08.10.2018

To,
Shri Anthony Lianzuala,
Controller General of Accounts, Ministry of Finance,
Department of Expenditure,
4th Floor, GPOA, Block-E, INA,
New Delhi - 110023

Subject : Discrimination in granting Grade Pay on Grant of Financial Benefits under M.A.C.P. - Violation of Government Order and Judicial Verdicts.

Sir,
On behalf of members of this Association I am to submit herewith following facts for your kind consideration and early favourable action.

1. The Ministry of Personnel, Public Grievances and Pension under O.M. No. 38/86/03- P&PW(A) dated 26-04-2004 has granted parity of Pay Scales in organized Accounts cadre w.e.f. 01-01-1996 notionally and actually from 19-02-2003 as shown below:

Sr.No.	Name of the Post	Existing Pay Scale as on 01-01- 1996	Up-graded Pay Scale to be applicable.
1	Auditor/Accountant	4000-100-6000	4500-125-7000
2	Sr. Auditor/Sr. Accountant	5000-150-8000	5500-175-9000
3	Section Officer/Junior Accounts Officer	5500-175-9000	6500-200-10500
4	Asst. Audit Officer/Asst.Accounts Officer	6500-200-10500	7450-225-11500

1. The hierarchal set up of the Department is:

Accountant Group 'C' Senior Accountant Group 'B' Non- Gazetted Asst. Accounts Officer Group 'B'

Filled in by Direct Recruitment or by Promotion from L.D.C.Promotional Post to Accountant Promotion Post to Senior Accounts Officer on passing the Departmental Examination and on seniority - cum - fitness basis

3. The 6th Central Pay Commission has merged the post of Section Officer with Assistant Accounts Officer from 01-01-2006. The 6th Pay Commission has recommended the Pay Band 2 in the Pay Scale of Rs. 9300-34800 Plus Grade Pay of Rs. 4200/- to the Senior Accountant. The Asst. Accounts Officer were also given the Pay Band No. 2 but they were given the Grade Pay of Rs. 4800/-.

4. The Government of India, Ministry of Personnel, Public Grievances and Pensions under O.M. No. 35034/3/2008-Estt (D) dated 19-05-2009 has introduced the Scheme of Modified Career Progression Scheme (for brevity M.A.C.P.) which is the modified version of earlier A.C.P. Scheme. As per the Scheme the Government Servants will be granted 3 financial upgradations after completion of 10, 20 and 30 years of service if they have not received any regular Promotion. The condition No. 2 read with 6.2 of the Annexure 1 of the OM. laid down that:

"….financial upgradations under the Scheme should be done strictly in accordance with the hierarchy of grade pays in pay bands as notified vide CCS (Revised Pay) Rules, 2008"

According to the information available to this Association, the Senior Accountants are being granted Grade Pay of Rs. 4600 /-(level 7 of pay matrix) on grant of benefits under M.A.C.P.

In this connection, your kind attention is invited to the following orders/Judgments of the various Tribunals/ High Courts/Supreme Court wherein the Tribunals/ High Courts have held that the Grade Pay of hierarchical Promotion Post has to be given on grant of financial benefits under M.A.C.P.

1. Central Administrative Tribunal (C.A.T.) Ernakulam Order dated 27-09-2011 in T.P.Leena Vs. Union of India.

The Tribunal has granted the Grade Pay of Rs. 4800/- on grant of 1st Financial Benefit under M.A.C.P. from Rs. 4200/-

2. The High Court of Ernakulam has by Judgment dated 21-06-2012 in the case of Union of India Vs. T.P.Leena has upheld the Order of CAT. and Hon’ble Supreme Court has dismissed the S.L.P. by Judgment dated 15-10-2012 holding that there is no reason to interfere with Impugned Order.

[Copies of above Order/ judgments are enclosed as Annexure 'A')

3. CAT New-Delhi by Order dated 26-11-2012 in Sanjay Kumar & others Vs. Ministry of Defence & others has granted the Grade Pay of Promotion Post (Copy enclosed).

Sir, it would not be out of place to submit that the Controller of Accounts C.B.D.T. Mumbai in compliance of C.A.T. Mumbai order has by order No. ZAO/MACP/ADMN/12015-16 dated 01-02-2016 has granted Grade Pay of Rs. 4800[- (level 8 of Pay Matrix] to 13 Senior Accountants on grant of benefits of 2“d M.A.C.P. The copy of the Order is enclosed as Annexure ‘B’ for your perusal.

It is further submitted that the Principal Chief Controller of Accounts. Zonal Accounts Office, CBDT, Mumbai has, while quoting Principal Chief Controller of Accounts C.B.D.T. New- Delhi letter No. -PCCA/CBDT/Estt/Rep/2018-381-382 dated 01-08-2018 has granted benefits of 3rd M.A.C.P. to 16 Senior Accountants under order No. ZAO/CBDT/MUM/ADMN/MACPS/2018-191 742 dated 04-09-2018 [Copy enclosed]. The perusal of the order would exhibit that all the Senior Accountants were in receipt of Grade Pay of Rs. 4800/- (level 8 ef Pay Matrix] on grant of benefits of 2nd M.A.C.P. and they have been granted Grade Pay of Rs. 5400/-[level 9 of Pay Matrix) which is the Grade Pay of hierarchical Post of Asstt. Accounts Officer.

In View of submission made in the letter, it is clear that the members of our Association are meted out with discrimination as far as grant of Grade Pay of Rs. 4800/-[level 8 of Pay Matrix) on grant of benefits of M.A.C.P. to Senior Accountants are concerned. They are given the Grade Pay of Rs. 4600/- [level 7 of Pay Matrix). This amounts to discrimination and violative of Article 14 and 16 of the Constitution of India. It is therefore requested that the Grade Pay of Rs. 4800/-(level 8 of Pay Matrix) may please be granted to all the Senior Accountants who have been granted benefits of M.A.C.P. A comprehensive review may please be taken and set right the grave injustice caused to our members.

In this context the observation of Principal Bench New Delhi in the case of All India Defence Civilian Clerks Association of ADC and Records Office and another Vs. The Secretary, Ministry of Defence and others in order dated 01-02-2012 (Copy enclosed) assumes importance.

We do not understand the logic of the Ministry of Defence, D.0.P & T. Ministry of Finance or even the Ministry of Law as to how the aforesaid directions as upheld by Hon'ble High Court of Delhi and the Apex Court cannot be made applicable to the Applicants who are admittedly similarly placed. In our considered opinion the Respondents/Departments should desist from rejecting the genuine request of the employees and force them to knock the door of Courts unnecessarily without any justifiable grounds.

In view of above observation of Hon'ble Principal Bench 1 request you to consider our request positively and arrange to do justice by removing the discrimination between the two set of similarly situated employees.

Enclo: As stated above.

Thanking you

Yours faithfully
(V. Bhattacharjee)
Secretary General

Redressing Grievances of Ex-Servicemen over OROP

Redressing Grievances of Ex-Servicemen over OROP

Salient features of the Government order dated 07.11.2015 on OROP are as under:-

• Pension of the past pensioners would be re-fixed on the basis of pension of retirees of calendar year 2013 and the benefit will be effective with effect from 01.07.2014.
• Pension will be re-fixed for all pensioners on the basis of the average of minimum and maximum pension of personnel retired in 2013 in the same rank and with same length of service.
• Pension for those drawing above the averages shall be protected.
• Arrears will be paid in four equal half yearly instalments. However, all the family pensioners including those in receipt of Special / Liberalized family pension and Gallantry award winners shall be paid arrears in one instalment.
• In future, the pension would be re-fixed every 5 years.
  Personnel who opt to get discharged henceforth on their own request under Rule 13(3)1(i)(b), 13(3)1(iv) or Rule 16B of the Army Rule 1954 or equivalent Navy or Air Force Rules will not entitled to the benefits of OROP. It will be effective prospectively.

Around 3200 representations for addressing the anomalies on OROP were received from individuals / Associations which were examined and issues referred to the Judicial Committee on OROP for its recommendations. The Committee has submitted its report on 26.10.2016.

Public Grievance Cell in the Department is receiving grievances of the pensioners / family pensioners and taking up the matter with the concerned offices e.g. Controller General of Defence Accounts (CGDA), Principal Controller of Defence Accounts (Pension), etc for redressal of their grievances. Disposal of grievances is monitored at the highest level in the Government.

Out of 20,81,072 OROP beneficiaries, 20,07,090 Pensioners have already received the first instalment and lumpsum payment on account of OROP. Further, in 15,66,486 cases, 2nd instalment have also been paid.
A total of 73,982 Pensioners are yet to be benefited under OROP. Out of these 73,982 cases, details of approximately 30,000 missing information cases have been provided by Pension Sanctioning Authorities (PSAs) to various Pension Disbursing Agencies (PDAs) for making payment and in 29,612 cases payments have been discontinued due to non-identification of the pensioners.

This information was given by Minister of State for Defence Dr. Subhash Bhamre in a written reply to Shri Ram Kumar Kashyapin Rajya Sabha today.

PIB

Ex-servicemen gets property tax exemption after 9 year wait

Ex-servicemen gets property tax exemption after 9 year wait

An ex-servicemen from Hyderabad used the RTI act in order to get his due. As per the state government all ex-servicemen/widows are exempted from paying property tax for any one house owned by them.

An Ex-Serviceman had to struggle for 9 long years with the civic authorities to get exemption from property tax. After repeated failures to get his due, he used the RTI act and woke up the civic authorities from their slumber.

This is the story of an ex-serviceman who had to struggle with the civic authorities for 9 long years to get his due. Mr. PP Sebastian worked in the Indian Air Force and is now settled in Hyderabad. He had to run after the local municipal authorities for 9 long years to get his property tax exemption order.

The Background Story

Most state governments extend a variety of welfare measures for serving personnel and ex-servicemen. The erstwhile Andhra Pradesh Government also extended similar facilities to ex-servicemen. As per the orders of the erstwhile Andhra Pradesh State government, all serving army personnel and ex-servicemen/widows are exempted from paying property tax for any one house owned by them.

18. Exemption from property tax one house/property of Ex-Servicemen/widows/serving personnel when it is occupied by the Widows/Ex-Servicemen and by the family in case of serving personnel for their self dwelling purpose.

Application for exemption filed in 2006

Mr. Sebastian applied for property tax exemption in October 2006 in accordance to the Government Order. He submitted his application to Alwal Municipality, duly submitting all the required certificates. Instead of granting him exemption, the civic authorities kept sending him property tax bills. Moreover, the ex-serviceman received threatening calls to clear his dues

This is to bring to your kind notice that, I am ex-serviceman and had applied for tax exemption on 23rd October, 2006 as per the regulation after paying tax twice. I am yet to receive my tax exemption papers from your end.
Instead I have been receiving property tax bill every year. I had approached 4 to 5 times pertaining to my tax exemption as soon as the receipt of the property tax bill. But I have received no reply from Alwal Municipality so far.

RTI to the Rescue

Meanwhile in 2007, the Alwal Municipality was merged into the Greater Hyderabad Municipal Corporation (GHMC). After repeated trials to know the status of his earlier application, Mr. Sebastian was exhausted and was resigned to his fate.

In early 2013, Mr. Sebastian came to know of Right to Information (RTI) through an awareness workshop. As soon as he realized its power, he filed an application under RTI with the GHMC authorities to know the status of his earlier request for property tax exemption.

After repeated follow-ups and intervention from the State Information Commission, the GHMC finally admitted that they had lost his application that was filed in 2006. They also requested Mr. Sebastian to submit all the documents once again to initiate further action.

With reference to subject cited, it is to inform that the application related to Exemption of Property Tax pertains to——– situated at Temple Alwal was given in erstwhile Alwal Municipality on 23.10.2006. Efforts were made to trace out the application, but the same is not traced out. Therfore, you are requested to kindly submit the required documents for taking further necessary action for exemption of property tax of above said property.

Finally, after submitting the application once again, the GHMC issued the property tax exemption order in December 2015.

ORDER:

In exercise of the powers conferred as per the M.C.H Act 1955 and in accordance with the Government Orders, Vide Ref 2nd cited the following Property (Assessment) is hereby temporarily exempted from the payment of Property tax with effect from 01.04.2007 till further orders, since the under mentioned premises are under the possession of Ex-Serviceman/ Widow of Ex-Serviceman/Serving Army Personnel.

H.No. & Locality	Name of the Assessee	Exemption effect date	Exempted Asst.No. Amount per annum
	Sri.P.P.Sebastian	01.04.2007	1124/-

‘If not for RTI, I would not have got this exemption’
‘If not for RTI, I would not have got this exemption. Thanks for my living God who guided me to that workshop’, Mr. Sebastian said. He is now a contented individual who feels that every citizen should know and use RTI.

Source: newslaundry

Government order on One Rank One Pension (OROP) has been issued on 07.11.2015.

One Rank One Pension

Government order on One Rank One Pension (OROP) has been issued on 07.11.2015.

Salient features of the OROP are as follows:

• Pension of the past pensioners would be re-fixed on the basis of pension of retirees of calendar year 2013 and the benefit will be effective with effect from 01.07.2014.
• Pension will be re-fixed for all pensioners on the basis of the average of minimum and maximum pension of personnel retired in 2013 in the same rank and with the same length of service.
• Pension for those drawing above the average shall be protected.
• Arrears will be paid in four equal half yearly instalments. However, all the family pensioners including those in receipt of Special / Liberalized family pension and Gallantry award winners shall be paid arrears in one instalment.
• In future, the pension would be re-fixed every 5 years.

Certain ex-servicemen associations have been demanding for changes in methodology for fixation of pension, periodicity of its revision, coverage of future PMR cases etc. The Government has decided to appoint a Judicial Committee to look into anomalies, if any, arising out of implementation of OROP.

Personnel who opt to get discharged henceforth on their own request under Rule 13(3) 1(i)(b), 13(3)1(iv) or Rule 16B of the Army Rule 1954 or equivalent Navy or Air Force Rules will not be entitled to the benefits of OROP. It will be effective prospectively and in future, the pension would be re-fixed every 5 years.

This information was given by Minister of State for Defence Rao Inderjit Singh in a written reply to Shri Gopal Shetty and others in Lok Sabha today.

PIB