In the case those who got MACP II in PA cadre is Grade Pay 2800 to 4200 after 7th CPC notification date i.e.. 25.07.2016
From
To
/Through proper channel/
Sub: Re-exercise option as per rule 5&6 of CCS (RP) Rules 2016 –reg.
Ref: DOP letter F.No. 02-17/2022-PAP dated 07.10.2022.
Respected sir,
I wish to submit the following for your kind consideration and necessary favorable action please.
Initially I exercised option to come over to new pay structure with effect from XX.XX.XXXX i.e. the date of MACP-II as per rule 5& 6 of CCS (RP) Rules 2016. My pay was fixed in the 7th CPC pay structure as on XX.XX.XXXX i.e. the date of MACP-II as per option. As the Internal Audit Inspection objected, my pay was fixed as on 01.01.2016 in the 7th CPC pay structure and the excess payment was recovered.
One Shri. Y.Madhava Rao, PA, AP Circle filed OA 706/2021 before the Hon’ble CAT Hyderabad bench as his option to re-exercise pay fixation on coming over to 7th CPC on 28.10.2017 ie date of 2nd MACP as per the provision of DOE OM 4-13/17-1C/E-IA dated 12.12.2018 was denied by the competent Authority.
The Department of Post vide letter F.NO. 02-17/2022-PAP dated 07.10.2022 has directed that Shri.Y.Madhava Rao is eligible for re-exercising option to come over 7th CPC as on 28.10.2017 ie date of his 2nd MACP, based on the CAT Hyderabad order dated 15.03.2022 in OA/706/2021. Further, the DOP has directed to settle similar cases as per the clarifications provided earlier in this regard, thereby avoiding unnecessary litigations. In this regard, the DOP has already issued clarification in letter F.NO. 02-09/2019-PAP dated 08.04.2021 addressed to the Chief PMG, AP Circle and the copy endorsed to all Head of Circles.
Further, the DOP has clarified that DOE OM dated 12.12.2018 provided one time opportunity for Government Servant to re-exercise their option to come over to the new pay structure and the DoE OM 12.12.2018 permits any employees who have already exercised option to come over to the revised pay structure or to retain the old pay structure till the date of issue of OM 4-13/17-1C/E-IA dated 12.12.2018 to revise their initial option in terms of Rule 5 & 6 thereof.
As per DOP clarifications issued in letter F.NO. 02-17/2022-PAP dated 07.10.2022, I am eligible to re-exercise option to come over 7th CPC as on 09.08.2016 ie date of his 2nd MACP. So, I herewith submit the revised option to come over to the new pay structure and retain the old pay till 09.08.2016 ie date of second MACP in terms of DOE OM 4-13/17-1C/E-IA dated 12.12.2018.
I request that my pay may kindly be fixed as on XX.XX.XXXX, the date of MACP-II in the new 7th CPC pay structure and I will refund the excess paid pay allowances from 01.01.2016 to XX.XX.XXXX.
Thanking you yours faithfully
Place : (XXXXXXXXX)
Date : .
Encl: Form of option (7th CPC)
FORM OF OPTION
[See rule 6 (2)]
1. I, __________________________________________ hereby elect the revised pay structure with effect from 1st January, 2016.
2. I, _______________ hereby elect to continue on Pay Band and Grade Pay of my substantive / officiating post mentioned below until:
the date of my next increment / the date of my subsequent increment raising my pay to
Rs. ___________________ / I vacate or cease to draw pay in the existing pay structure / the date of my
Promotion/ up gradation to the post of MACP II Postal Assistant.
Existing Pay Band and Grade Pay Rs.13950+G.P Rs.2800
Signature _______________________
Designation _____________________
Office in which employed __________
To be scored out, if not applicable.
UNDERTAKING
I hereby undertake that in the event of my pay having been fixed in a manner contrary to the provisions
contained in these Rules, as detected subsequently, any excess payment so made shall be refunded by me to the
Government either by adjustment against future payments due to me or otherwise.
Signature___________________________
Name ______________________________
Designation__________________________
OA No 706/2021 : CAT judgement in the case those who got MACP II in PA cadre is Grade Pay 2800 to 4200 after 7th CPC notification date i.e.. 25.07.2016
Download Judgement Copy (9 pages)
Directorate letter dtd 07/10/2022
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