MOST IMMEDIATE
No.35034/1/97-Estt(D)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
110001
August 9, 1999
OFFICE MEMORANDUM
Subject:- THE
ASSURED CAREER PROGRESSION SCHEME FOR THE CENTRAL GOVERNMENT CIVILIAN
EMPLOYEES.
The Fifth Central Pay Commission in its Report has
made certain recommendations relating to the Assured Career Progression (ACP)
Scheme for the Central Government civilian employees in all Ministries/Departments.
The ACP Scheme needs to be viewed as a ‘Safety Net’ to deal with the
problem of genuine stagnation and hardship faced by the employees due to lack
of adequate promotional avenues. Accordingly, after careful consideration it
has been decided by the Government to introduce the ACP Scheme recommended by
the Fifth Central Pay Commission with certain modifications as
indicated hereunder:-
2. GROUP ‘A’ CENTRAL SERVICES
2.1 In respect of Group ‘A’ Central services
(Technical/Non-Technical), no financial upgradation under the Scheme is being
proposed for the reason that promotion in their case must be earned (emphasis supplied). Hence, it
has been decided that there shall be no benefits under the ACP Scheme for Group
‘A’ Central services (Technical/Non-Technical). Cadre Controlling
Authorities in their case would, however, continue to improve the promotion
prospects in organisations/cadres on functional grounds by way of
organisational study, cadre review, etc. as per prescribed norms.
3. GROUP ‘B’, ‘C’ AND ‘D’ SERVICES/POSTS AND
ISOLATED POSTS IN GROUP ‘A’, ‘B’, ‘C’ AND ‘D’ CATEGORIES
3.1 While in respect of these categories also
promotion shall continue to be duly earned, it is proposed to adopt the ACP
Scheme in a modified form to mitigate hardship in cases of acute stagnation
either in a cadre or in an isolated post. Keeping in view all relevant factors,
it has, therefore, been decided to grant two financial upgradations [as recommended by the Fifth Central Pay Commission
and also in accordance with the Agreed Settlement dated September 11, 1997 (in
relation to Group ‘C’ and ‘D’ employees) entered into with the
Staff Side of the National Council (JCM)] under the ACP Scheme to Group ‘B’,
‘C’ and ‘D’ employees on completion of 12 years and 24
years (subject to condition no.4 in Annexure-I)
of regular service respectively. Isolated posts in Group ‘A’, ‘B’, ‘C’ and ‘D’
categories which have no promotional avenues shall also qualify for similar
benefits on the pattern indicated above. Certain categories of employees such
as casual employees (including those with temporary status), ad-hoc and
contract employees shall not qualify for benefits under the aforesaid Scheme.
Grant of financial upgradations under the ACP Scheme shall, however, be subject
to the conditions mentioned in Annexure-I.
3.2 ‘Regular Service’ for the purpose of the
ACP Scheme shall be interpreted to mean the eligibility service counted for
regular promotion in terms of relevant Recruitment/Service Rules.
4. Introduction of the ACP Scheme should, however, in
no case affect the normal (regular) promotional avenues available on the basis
of vacancies. Attempts needed to improve promotion prospects in
organisations/cadres on functional grounds by way of organisational study,
cadre reviews, etc as per prescribed norms should not be given up on the ground
that the ACP Scheme has been introduced.
5. Vacancy based regular promotions, as distinct from
financial upgradation under the ACP Scheme, shall continue to be granted after
due screening by a regular Departmental Promotion Committee as per relevant
rules/guidelines.
6. SCREENING COMMITTEE
6.1 A departmental Screening Committee shall be
constituted for the purpose of processing the cases for grant of benefits under
the ACP Scheme.
6.2 The composition of the Screening Committee
shall be the same as that of the DPC prescribed under the relevant
Recruitment/Service Rules for regular promotion to the higher grade to which
financial upgradation is to be granted. However, in cases where DPC as per the
prescribed rules is headed by the Chairman/Member of the UPSC, the Screening
Committee under the ACP Scheme shall, instead, be headed by the Secretary or an
officer of equivalent rank of the concerned Ministry/Department. In respect of
isolated posts, the composition of the Screening Committee (with modification
as noted above, if required) shall be the same as that of the DPC for promotion
to analogous grade in that Ministry/Department.
6.3 In order to prevent operation of the ACP Scheme
from resulting into undue strain on the administrative machinery, the Screening
Committee shall follow a time-schedule and meet twice in a financial
year – preferably in the first week of January and July
for advance processing of the cases. Accordingly, cases maturing during
the first-half (April-September) of a particular financial year for grant of
benefits under the ACP Scheme shall be taken up for consideration by the
Screening Committee meeting in the first week of January of the previous
financial year. Similarly, the Screening Committee meeting in the first week of
July of any financial year shall process the cases that would be maturing
during the second-half (October-March) of the same financial year. For example,
the Screening Committee meeting in the first week of January, 1999 would process
the cases that would attain maturity during the period April 1, 1999 to
September 30, 1999 and the Screening Committee meeting in the first week of
July, 1999 would process the cases that would mature during the period October
1, 1999 to March 31, 2000.
6.4 To make the Scheme operational, the Cadre
Controlling Authorities shall constitute the first Screening Committee of the
current financial year within a month from the date of issue of these
instructions to consider the cases that have already matured or would be
maturing upto March 31, 2000 for grant of benefits under the ACP Scheme. The
next Screening Committee shall be constituted as per the time-schedule
suggested above.
7. Ministries/Departments are advised to explore the
possibility of effecting savings so as to minimise the additional financial
commitment that introduction of the ACP Scheme may entail.
8. The ACP Scheme shall become operational from the
date of issue of this Office Memorandum.
9. In so far as persons serving in the Indian Audit and
Accounts Departments are concerned, these orders issue after consultation with
the Comptroller and Auditor General of India.
10. The Fifth Central Pay Commission in paragraph
52.15 of its Report has also separately recommended a "Dynamic Assured
Career Progression Mechanism" for different streams of doctors. It has
been decided that the said recommendation may be considered separately by the
administrative Ministry concerned in consultation with the Department of
Personnel and Training and the Department of Expenditure.
11. Any interpretation/clarification of doubt as to
the scope and meaning of the provisions of the ACP Scheme shall be given by the
Department of Personnel and Training (Establishment-D).
12. All Ministries/Departments may give wide circulation
to these instructions for guidance of all concerned and also take immediate
steps to implement the Scheme keeping in view the ground situation obtaining in
services/cadres/ posts within their administrative jurisdiction;
13. Hindi version would follow.
(K.K. JHA)
Director(Establishment)
To
1. All Ministries/Departments of the Government of
India
2. President’s Secretariat/Vice President’s
Secretariat/Prime Minister’s Office/Supreme Court/Rajya Sabha Secretariat/Lok
Sabha Secretariat/Cabinet Secretariat/UPSC/CVC/C&AG/Central Administrative
Tribunal(Principal Bench), New Delhi
3. All attached/subordinate offices of the Ministry
of Personnel, Public Grievances and Pensions
4. Secretary, National Commission for Minorities
5. Secretary, National Commission for Scheduled
Castes/Scheduled Tribes
6. Secretary, Staff Side, National Council (JCM),
13-C, Ferozeshah Road, New Delhi
7. All Staff Side Members of the National Council
(JCM)
8. Establishment (D) Section - 1000 copies
CONDITIONS FOR
GRANT OF BENEFITS UNDER
THE ACP SCHEME
1. The ACP Scheme envisages merely placement in the
higher pay-scale/grant of financial benefits (through financial upgradation)
only to the Government servant concerned on personal basis and shall,
therefore, neither amount to functional/regular promotion nor would require
creation of new posts for the purpose;
2. The highest pay-scale upto which the financial
upgradation under the Scheme shall be available will be Rs.14,300-18,300.
Beyond this level, there shall be no financial upgradation and higher posts
shall be filled strictly on vacancy based promotions;
3. The financial benefits under the ACP Scheme shall
be granted from the date of completion of the eligibility period prescribed
under the ACP Scheme or from the date of issue of these instructions whichever
is later;
4. The first financial upgradation under the ACP
Scheme shall be allowed after 12 years of regular service and the second
upgradation after 12 years of regular service from the date of the first
financial upgradation subject to fulfillment of prescribed conditions. In other
words, if the first upgradation gets postponed on account of the employee not
found fit or due to departmental proceedings, etc this would have consequential
effect on the second upgradation which would also get deferred accordingly;
5.1 Two financial upgradations under the ACP Scheme
in the entire Government service career of an employee shall be counted against
regular promotions (including in-situ promotion and fast-track promotion availed
through limited departmental competitive examination) availed from the grade in
which an employee was appointed as a direct recruit. This shall mean that two
financial upgradations under the ACP Scheme shall be available only if no
regular promotions during the prescribed periods (12 and 24 years) have been
availed by an employee. If an employee has already got one regular promotion,
he shall qualify for the second financial upgradation only on completion of 24
years of regular service under the ACP Scheme. In case two prior promotions on
regular basis have already been received by an employee, no benefit under the
ACP Scheme shall accrue to him;
5.2 Residency periods (regular service) for grant of
benefits under the ACP Scheme shall be counted from the grade in which an
employee was appointed as a direct recruit;
6. Fulfillment of normal promotion norms (bench-mark,
departmental examination, seniority-cum-fitness in the case of Group ‘D’
employees, etc.) for grant of financial upgradations, performance of such
duties as are entrusted to the employees together with retention of old
designations, financial upgradations as personal to the incumbent for
the stated purposes and restriction of the ACP Scheme for financial and certain
other benefits (House Building Advance, allotment of Government accommodation,
advances, etc) only without conferring any privileges related to higher status
(e.g. invitation to ceremonial functions, deputation to higher posts, etc)
shall be ensured for grant of benefits under the ACP Scheme;
7. Financial upgradation under the Scheme shall be
given to the next higher grade in accordance with the existing hierarchy in a
cadre/category of posts without creating new posts for the purpose. However, in
case of isolated posts, in the absence of defined hierarchical grades,
financial upgradation shall be given by the Ministries/Departments concerned in
the immediately next higher (standard/common) pay-scales as
indicated in Annexure-II
which is in keeping with Part-A of the First Schedule annexed to the
Notification dated September 30, 1997 of the Ministry of Finance (Department of
Expenditure). For instance, incumbents of isolated posts in the pay-scale S-4,
as indicated in Annexure-II,
will be eligible for the proposed two financial upgradations only to the
pay-scales S-5 and S-6. Financial upgradation on a dynamic basis (i.e. without
having to create posts in the relevant scales of pay) has been recommended by
the Fifth Central Pay Commission only for the incumbents of isolated posts which
have no avenues of promotion at all. Since financial upgradations under the
Scheme shall be personal to the incumbent of the isolated post, the same shall
be filled at its original level (pay-scale) when vacated. Posts which are part
of a well-defined cadre shall not qualify for the ACP Scheme on ‘dynamic’
basis. The ACP benefits in their case shall be granted conforming to the
existing hierarchical structure only;
8. The financial upgradation under the ACP Scheme
shall be purely personal to the employee and shall have no relevance to his
seniority position. As such, there shall be no additional financial upgradation
for the senior employee on the ground that the junior employee in the grade has
got higher pay-scale under the ACP Scheme;
9. On upgradation under the ACP Scheme, pay of an
employee shall be fixed under the provisions of FR 22(I) a(1) subject to a
minimum financial benefit of Rs.100/- as per the Department of Personnel and
Training Office Memorandum No.1/6/97-Pay.I dated July 5, 1999. The financial
benefit allowed under the ACP Scheme shall be final and no pay-fixation benefit
shall accrue at the time of regular promotion i.e. posting against a functional
post in the higher grade;
10. Grant of higher pay-scale under the ACP Scheme
shall be conditional to the fact that an employee, while accepting the said
benefit, shall be deemed to have given his unqualified acceptance for
regular promotion on occurrence of vacancy subsequently. In case he refuses to
accept the higher post on regular promotion subsequently, he shall be subject
to normal debarment for regular promotion as prescribed in the general
instructions in this regard. However, as and when he accepts regular promotion
thereafter, he shall become eligible for the second upgradation under the ACP
Scheme only after he completes the required eligibility service/period under
the ACP Scheme in that higher grade subject to the condition that the period
for which he was debarred for regular promotion shall not count for the
purpose. For example, if a person has got one financial upgradation after
rendering 12 years of regular service and after 2 years therefrom if he refuses
regular promotion and is consequently debarred for one year and subsequently he
is promoted to the higher grade on regular basis after completion of 15 years
(12+2+1) of regular service, he shall be eligible for consideration for the
second upgradation under the ACP Scheme only after rendering ten more years in
addition to two years of service already rendered by him after the first
financial upgradation (2+10) in that higher grade i.e. after 25 years
(12+2+1+10) of regular service because the debarment period of one year cannot
be taken into account towards the required 12 years of regular service in that
higher grade;
11. In the matter of disciplinary/penalty
proceedings, grant of benefits under the ACP Scheme shall be subject to rules
governing normal promotion. Such cases shall, therefore, be regulated under the
provisions of relevant CCS(CCA) Rules, 1965 and instructions thereunder;
12. The proposed ACP Scheme contemplates merely placement
on personal basis in the higher pay-scale/grant of
financial benefits only and shall not amount to actual/functional promotion of
the employees concerned. Since orders regarding reservation in promotion are
applicable only in the case of regular promotion, reservation orders/roster
shall not apply to the ACP Scheme which shall extend its benefits uniformly to
all eligible SC/ST employees also. However, at the time of regular/functional
(actual) promotion, the Cadre Controlling Authorities shall ensure that all
reservation orders are applied strictly;
13. Existing time-bound promotion schemes, including
in-situ promotion scheme, in various Ministries/Departments may, as per choice,
continue to be operational for the concerned categories of employees. However,
these schemes, shall not run concurrently with the ACP Scheme. The
Administrative Ministry/Department -- not the employees -- shall have the
option in the matter to choose between the two schemes, i.e. existing
time-bound promotion scheme or the ACP Scheme, for various categories of
employees. However, in case of switch-over from the existing time-bound
promotion scheme to the ACP Scheme, all stipulations (viz. for promotion,
redistribution of posts, upgradation involving higher functional duties, etc)
made under the former (existing) scheme would cease to be operative. The ACP
Scheme shall have to be adopted in its totality;
14. In case of an employee declared surplus in
his/her organisation and in case of transfers including unilateral transfer on
request, the regular service rendered by him/her in the previous organisation
shall be counted along with his/her regular service in his/her new organisation
for the purpose of giving financial upgradation under the Scheme; and
15. Subject to Condition No. 4 above, in cases where
the employees have already completed 24 years of regular service, with or
without a promotion, the second financial upgradation under the scheme shall be
granted directly. Further, in order to rationalise unequal level of stagnation,
benefit of surplus regular service (not taken into account for the first
upgradation under the scheme) shall be given at the subsequent stage (second)
of financial upgradation under the ACP Scheme as a one time measure. In other
words, in respect of employees who have already rendered more than 12 years but
less than 24 years of regular service, while the first financial upgradation
shall be granted immediately, the surplus regular service beyond the first 12
years shall also be counted towards the next 12 years of regular service
required for grant of the second financial upgradation and, consequently, they
shall be considered for the second financial upgradation also as and when they
complete 24 years of regular service without waiting for completion of 12 more
years of regular service after the first financial upgradation already granted
under the Scheme.
(K.K. JHA)
Director(Establishment)
STANDARD/COMMON
PAY-SCALES
As per Part-A of
the First Schedule Annexed to the Ministry of Finance
(Department of
Expenditure) Gazette Notification dated September 30, 1997
[REFERENCE PARA 7
OF ANNEXURE I OF THIS OFFICE MEMORANDUM]
|
S.No.
|
Revised pay-scales
(Rs)
|
|
1.
|
S-1
|
2550-55-2660-60-3200
|
|
2.
|
S-2
|
2610-60-3150-65-3540
|
|
3.
|
S-3
|
2650-65-3300-70-4000
|
|
4.
|
S-4
|
2750-70-3800-75-4400
|
|
5.
|
S-5
|
3050-75-3950-80-4590
|
|
6.
|
S-6
|
3200-85-4900
|
|
7.
|
S-7
|
4000-100-6000
|
|
8.
|
S-8
|
4500-125-7000
|
|
9.
|
S-9
|
5000-150-8000
|
|
10.
|
S-10
|
5500-175-9000
|
|
11.
|
S-12
|
6500-200-10500
|
|
12.
|
S-13
|
7450-225-11500
|
|
13.
|
S-14
|
7500-250-12000
|
|
14.
|
S-15
|
8000-275-13500
|
|
15.
|
S-19
|
10000-325-15200
|
|
16.
|
S-21
|
12000-375-16500
|
|
17.
|
S-23
|
12000-375-18000
|
|
18.
|
S-24
|
14300-400-18300
|
* * * * * * *
Sixth Central Pay Commission
Assured Career Progression Scheme
for PBORs
2.3.34 Presently PBORs in Defence
Forces are eligible for two time bound upgradations on completion of 10 and 20
years of service. The Defence Forces have demanded reduction of period for time
bound upgradations to 8 and 12 years. Other suggestions have also been made
regarding residency periods for promotion of PBORs. The Commission notes that
under the Scheme of Assured Career Progression (ACPS) for civilians, the
upgradations are given on completion of 12 and 24 years of service. Demands for
reduction of the residency period in case of civilians were also received.
However, the Commission has been
unable to accept this demand keeping in view the revised scheme of running pay
bands and annual increments as a percentage of pay. In such a scenario, any reduction
in the prescribed residency period under ACPS for
Defence Forces personnel would not be
justified especially when the residency period requirements in their case are
already lower than in the case of civilian employees. Accordingly, the residency
periods for time bound upgradations for PBORs shall remain unchanged. Under the
Modified Assured Career Progression now being
proposed for the civilians, financial upgradations will entail one increment
without any change in the grade pay. In consonance with the scheme of the
Report to ensure parity between civilians and
Defence Forces, a similar dispensation
needs to be extended in case of the latter. The Commission, therefore, recommends that the time bound
promotion scheme in case of PBORs shall allow two financial upgradations on
completion of 10 and 20 years of service as at present. The financial
upgradations under the scheme shall allow benefit of pay fixation equal to one
increment along with the higher grade pay. As regards the other suggestions relating
to residency period for promotion of PBORs, Ministry of Defence may set up an
Inter-Services Committee to consider the matter after the revised scheme of
running pay bands is implemented.
