Haryana Civil Services (Assured Carrier Progression) Rules, 2008- Stepping up of pay at par with junior officer Clarification Regarding.

No. 1/35/2012-2PR(FD)

From

The Principal Secretary to Government, Haryana,

Finance Department

To

1. All the Heads of Departments in Haryana.

2. All the Divisional Commissioners in Haryana.

3. All the Deputy Commissioners/SDOs (Civil) in Haryana

4. Registrar, Punjab & Haryana High Court.

Dated, Chandigarh the 22 March, 2013

Subject: Haryana Civil Services (Assured Carrier Progression) Rules, 2008- Stepping up of pay at par with junior officer Clarification Regarding.

*******

Sir,

I am directed to refer order No. 2/102/2009-2PR(FD), dated 09-04-2010 on the subject cited above, which provides as under:-

“If the grade pay of the promotional post is higher than that of ACP pay structure in which the Government employee is drawing his salary prior to promotion, his pay will not be re-fixed and he will only get the difference of grade pay and his date of next increment will continue to be same as before promotion and it will not be treated Financial Upgradation under HCS (ACP) Rules, 2008.”

It has been brought to the notice of Finance Department by certain departments that due to implication of the provisions of ibid orders an anomalous situation has arisen in certain cases where senior is promoted after getting 1^st ACP and the junior gets 2^nd ACP before getting next promotion resulting thereby pay of junior get exceeded. On careful consideration and in exercise of the powers vested under the provision of Rule 27 and 28 of HCS (ACP) Rules, 2008 and all other powers enabling the Government so to do, it is further clarified that :-

Issue raised

Clarification

A senior employee is promoted after getting 1st ACP and the junior gets 2nd ACP before getting next promotion. Due to implication of orders dated 09-04-2010, senior employee gets only difference of grade pay on his promotion whereas the junior gets the increment as well as next grade pay, as a result of that the pay of junior employee is exceeded to his senior. Whether, the senior employee will get increment in this case or his pay is to be stepped up at par with his junior.

Whenever, senior employee competes 20 or 30 years of service as the case may be, he will be considered for grant of ACP scale. As he has already got grade pay equal to that of 2nd or 3rd ACP, therefore, he will be allowed only increment subject to fulfillment of other conditions of HCS(ACP)Rules, 2008. This benefit will be treated as financial upgradation for next ACP. Further, in case of those who got 2nd upgradation under rule-7(4) of HCS(ACP) Rules, 2008 will be counted from the date of promotion.

For Example:- Mr. ‘X’ (D.O.J. as Clerk 21-11-1990) has been granted 1^st ACP in the pay scale of Rs. 4000-6000 as on 1-12-2000 and 2^nd ACP on 01-12-2010. Whereas his senior Mr. ‘Y’ (D.O.J. as Clerk 19-01-1990) has been granted 1^st ACP on 1-2-2000 in the pay scale of Rs. 4000-6000 and promoted as Assistant on 18-09-2008 in the pay scale 9300-34800+3200 GP. In case of MR. ‘X’, he got two increment/ fixation benefit at the time each ACP. Whereas in case Mr. ‘Y’, he got one increment at the time of Ist ACP and denied 2^nd increment at the time of promotion due to implication of FD letter dated 9-4-2010. As such the pay of junior employee exceeds from senior employee. Hence Mr. ‘Y’ will be granted one increment on the date he competes 20 years of service i.e. on 1-2-2010. Accordingly the pay of both the employees will be fixed in the following manner. Further to grant of 3^rd upgradation / ACP under Rule- 7(4) of HCS(ACP)Rules, 2008 his service will be counted form 18-09-2008 (i.e. date of promotion).

Mr. ‘X’ (junior employee)		Mr. ‘Y’ (senior employee)
Date	Pay in functi—onal pay scale	Pay in ACP / Revised pay structure	Remarks	Date	Pay in functi-onal pay scale	Pay in ACP/ promotional pay scale	Remarks
21-11-90	3050	-	Appointed as Clerk	19-1-90	3050	-	Appointed as Clerk
1-12-2000	-	4000	Granted ACP in the Pay Scale 4000-6000	1-2-2000	-	4000	Granted ACP in the Pay Scale 4000-6000
31-12-05	-	4500	After five years	31-12-05	-	4500	After five years
1-1-06	-	8370+2400	Pay in revised pay band 5200-20200 + 2400 GP	1-1-06	-	8370+2400	Pay in revised pay band 5200-20200 + 2400 GP
1-7-06	-	9700+2400	A.I.	1-7-06	-	8700+2400	A.I.
1-7-07	-	9040+2400	A.I.	1-7-07	-	9040+2400	A.I.
1-7-08	-	9390+2400	A.I.	1-7-08	-	9390+2400	A.I.
1-7-09	-	9750+2400	A.I.	18-9-08	-	9390-3200	Promoted as Assistant in the pay band 9300-34800+ 3200 GP
1-7-10	-	10120+2400	A.I.	1-7-09	-	9770+3200	A.I.
1-12-10	-	10500+3200	Granted 2nd ACP	1-2-10	-	10140+3200	Granted increment after completion of 20 years
-	-	-		1-7-10		10540+3200	A.I.
1-7-11	-	10920+3200	A.I.	1-7-11	-	10960+3200	A.I.

2. Copy of this letter is also available on website which can be downloaded from the site www.finhry.gov.in.

Yours faithfully,

Deputy Secretary Finance (PR)

For Principal Secretary to Government, Haryana,

Finance Department

Dated, Chandigarh the 22-03-2013

SOURCE-http://finhry.gov.in/writereaddata/Instruction/Pay%20Revision%20Branch/6076.pdf