Many doubts arising on the option to be submitted by the officials who has already got or will get the MACP between 2nd January, 2016 and 1st July, 2016
1. Whether there is any opportunity for the official, who has already got MACP on 02/01/2016 in the old Pay Rules and exercised his option for fixation of his pay w.e.f. 01/07/2016 in higher Payband and Grade Pay due to MACP w.e.f. 02/01/2016, to change his option for fixation of his pay w.e.f. 02/01/2016 after notification of new Pay Rules effective w.e.f. 01/01/2016.
2. Now let us consider for the sake of debate that he would get the opportunity to change his option for fixation of his pay w.e.f. 02/01/2016 i.e. from MACP date in the old Pay Rules. Now he will be benefitted if he get the opportunity to draw his pay in the new Pay Rules from the date of his MACP.
But as per Rule 5 of new Pay Rules a Government servant who has been placed in a higher grade pay or scale between 1st day of January, 2016 and the date of notification of these rules on account of promotion or upgradation, may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.
I have the doubt whether this upgradation does actually mean the financial upgradation under MACP or it is only the upgradation of Grade Pay, recommended to some category of Central Government employees by the 7th CPC because the words ‘financial upgradation under MACP’ is not mentioned in the prescribed proforma of option also. Will it be accepted later by our Internal Audit team if we add the words in the prescribed proforma of option?
3. Another doubt lies in the Explanation 1 below Rule 5 where it is stated that the option to retain the existing pay structure under the provisos to this rule shall be admissible only in respect of one existing Pay Band and Grade Pay or scale. But in case of upgradation of Grade Pay from 2800 to 4200 under MACP, the option to retain the existing pay structure is to be exercised in respect of two existing Pay Band and Grade Pay or scale i.e. 5200-20200+2800 and 9300-34800+4200. Will it be admissible?
4. But besides these doubts, the main question still arises why this category of officials, getting MACP between 2nd January, 2016 and 1st July, 2016, would be deprived of getting the normal increment in 2016 in new Pay Rules despite having worked for one year on 1st day of July, 2016 after getting normal increment on 1st day of July, 2015 in old Pay Rules. While the officials who will get the MACP between 2nd July, 2016 and 1st, January, 2017, will get the normal increment on 1st July, 2016 in new Pay Rules and also get the MACP increment between 2nd July, 2016 and 1st, January, 2017.
Again this is also to be noted that as per Para 10 of DOPT order No. No.35034/3/2008-Estt. (D) dated New Delhi, the 19th May, 2009 on MACP, no stepping up of pay in the pay band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACP Scheme.
5. This category of officials, getting MACP between 2nd January, 2016 and 1st July, 2016, would also be deprived of getting arrear of Pay and allowance w.e.f. 01.01.2016 to MACP date in the revised Pay structure suffering huge financial loss.
6. Now please let us think about that category of officials whose MACP is due between 2nd January, 2016 and 1st July, 2016 but order of implementation of MACP has not yet been issued by the authority. How they can exercise their option to elect to switch over to the revised pay structure from the date of MACP at present while the order of MACP has not yet been received.
