Notional Pay Fixation on promotion/ ACP/ MACP to the employees who are imposed with minor penalty

Notional Pay Fixation on promotion/ ACP/ MACP to the employees who are imposed with minor penalty

AGENDA DISCUSSED DURING THE STANDING COMMITTEE MEETING HELD ON 26.2.2021 – DECISIONS TAKEN

New Agenda items for the meeting of Standing Committee (received on 08.02.2021)

Agenda Item No. and Ministry / Deptt.: 18/ 21/ SC DoPT-Estt : D

Brief: Notional Pay Fixation on promotion/ ACP/ MACP to the employees who are imposed with minor penalty.

The Staff Side has requested to amend the DoPT’s OM No. 22034/5/2004-Estt. D dated 15/12/2004

Comments from concerned Ministry/ Department: Establishment (D), DoPT informed through their letter dated 22.02.2021

(a) In the maters of disciplinary/ penalty proceedings, grant of benefit under the MACPS are subject to rules governing normal promotion. Such cases are regulated under the provisions of the CCS(CCA) Rules, 1965 and instructions issued there under.

(b) The extant provisions (of promotion / pay fixation after currency of penalty) do not prescribe that the same is to be given effect only in case of certain minor penalties. As such, promotion and consequential pay fixation are given effect after the currency period any penalty .

(c) The extant provisions of notional promotion and notional pay fixation are prescribed for those Government Servants who could not have been granted promotion due to pendency of Departmental Proceeding and who have subsequently been exonerated. In such cases the Government Servant concerned is granted notional promotion and notional pay fixation w.e.f. a date on which his immediate junior has been promoted. Actual promotion and financial benefit of pay fixation is granted from a prospective date only. In case of financial upgradation under MACPS, such Government servant is granted actual financial benefits w.e.f. the due date (retrospectively) only.

(d) Regulation of pay to the effect of granting notional pay fixation under MACPS/ notional promotion during the currency  of  penalty  is contrary to the extant instructions that the promotion is to be given effect after expiry of the penalty. Grant of notional pay fixation under MACPS on a  date which falls during currency of penalty will have effect of dilution of impact of penalty. As such, it may not be appropriate to accede to the suggestion of the Staff Side.

Decision/ comments in the meeting of 26.2.2021: The Chair agreed to review the same.

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