From- Name - Rank - Reg No - Unit/HQ- L/No-ACP/Anomoly/Comn/2014-01-04 Dated……..Dec 2014 To The Director General Force Headquarters BSF New Delhi-03 THROUGH PROPER CHANNEL Sub: ACP/MACP BENEFIT FOR COMN PERS ENROLLED PRIOR TO THE 31st AUGUST & the YEAR-1997. Respected sir, With utmost regards I No. xxxxxxxx HC/RO or HC/RM xxxxxxxxx, unit /HQxxxxxxx would like to bring your kind attention toward a following few lines. 2. That, some misconceptions have taken place in Comn setup at various BSF HQRS regarding date of joining of Radio Operators & Radio Mechanics in direct entry grade on a regular basis enrolled in the year on or before 30th Aug 1997 for the purpose of ACP scheme of 9th August, 1999 (ACP) Scheme introduced by the Department of Personnel & Training vide Office Memorandum No. 35034/1/1997 –Estt (D) dated August 9,1999, would be granted till 31.08.2008. for financial up-gradation for the next rank pay in hierarchy of promotion. Because the issue mentioned above is being dealt differently at various HQRS i.e. some formations have implemented financial upgradation considering date of joining as CT (Radio Operator)/CT (Radio Mechanics) in direct entry grade while at some other HQRS, date of promotion as NK/RO & HC/RM had been wisely and on the policy basis duly considered from the D.O.J (date of joining) in direct entry grade. 3. It has further been clarified in reply to point of doubt number 53 of D0PT Office Memorandum No. 35034/1/97-Estt-D (Vol-IV) dated 18th July, 2001 that various conditions specified in the Recruitment Rules for promotion to the next higher grade, including the higher/additional educational qualification, if prescribed, would need to be met even for consideration under the ACP Scheme. A doubt has been expressed as to whether the requirement of fulfillment of all promotional norms even for ACP Scheme will include the requirement of fulfillment of minimum eligibility service prescribed in the Recruitment Rules for promotion to next higher grade in the hierarchy. 4 In this regard, it is pointed out that, in terms of condition number 4 of the ACP Scheme, the first financial upgradation shall be allowed after 12 years of regular service and the second financial upgradation after 12 years of regular service from the date of the first financial upgradation, subject to fulfillment of the prescribed conditions. Condition number 5.1 further provides that two financial upgradation 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 received one regular promotion, he shall qualify for the second financial upgradation only on completion of 24 years of regular service under the Scheme. Condition number 15 provides that, subject to condition number 4, 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. 5. In fact, this condition has been further relaxed in respect of cases where an employee has moved from one post to another post on direct recruitment/absorption basis or on deputation basis, followed by absorption. In such cases, as clarified in reply to point of doubt number 4-6 of O.M. No. 35034/1/97-Estt-D (Vol-IV) dated 10th February, 2000, past service in the same grade can also be counted towards the regular service 6. On the aforesaid issue, self is also a victim as I have still not been upgraded even after completion of xxxxx years of service as HC/ Radio Operator, some clarifications on the issue supporting consideration of D.O.J(date of joining as CT(RO)/CT(RM) as direct entry grade on a regular basis are as under: 7. As per my call letter (annexed), I was appointed as CT (RO)/CT(RM) in the year 199xx in pay scale of 855-15-900-1200. It was mentioned in this letter that:- a. I would be promoted as NK/RO / HC/RM on qualifying basis recruit training (BRT) & prior from undergoing ORL Grade course. b. It was also mentioned in the joining letter that, if I would fail to qualify ORL course, I would have been discharged from BSF without assigning any reasons. 8>To sum up:- As per clause (a), I was not promoted as NK/RO after BRT (Basic recruit Training) Clause (b) inferences that I had only one way to serve BSF and that was to qualify ORL (Operator Radio Lines) course otherwise I would have been discharged/terminated from service. i. As per CCS Rule promotion means that if I am not promoted then I reserves the right to serve in my present Rank but because there was not any authorization of CT/RO in BSF and I agree that it was mandatory to qualify the ORL course for continuing the services in BSF which strongly means that this recruitment was for the vacant post (Vacancy) of NK/Radio Operator and I was recruited for the vacant post of NK/RO in the pay scale of 950-20-1150-EB-25-1400 instead of CT/RO with pay scale of 855-15-900-1200 which was only applicable during the training period as per instruction at that time and that too incase I fails to qualify the basic trade course. But I would insist here that I was in the communication cadre and the trade named Radio Operator and to emphasis it was a continuous regular service in the same trade namely Radio Operator same cadre namely Communication cadre and in the same organisation namely BSF. ii. On the other hand similarly situated cadre in the BSF are enrolled in the different cadres are being and rightly given the pay and allowances of their respective ranks from the date of joining (D.O.J) iii. On the basis of one force and one organisation and since different cadres are getting their pay scales in the post enrolled and ranked joined hence the benefit may kindly be very rightly be extended to underprivileged communication personnel’s. 9>Points for solving issues:- i Because without conducting DPC, no any department in India promotes anybody to any assignment. Hence, if NK/RO was a promotion then why was the DPC not conducted in my case. It means that I was recruited as NK/RO. ii. Also as per authorization of Comn Persons in BSF (document annexed), the authorization was only for the post of NK/RO & there was not any authorization of CT/RO. iii. A letter of COMN Directorate, CRPF (annexed) also incorporates that the low pay scale was only meant for training period and MACP be granted from D.O.J as CT(RO)/CT(RM). iv. Though as per FHQ BSF signal No. R-3211 dated 20/07/13 (annexed), (DOP&T) has been asked for clarification but that is for the persons those have become ASI (Min) through LDCE exam but case of Comn persons is a bit different one as there was an initial appointment against the existing vacancy of that year and period. 10. It is, therefore, clear from harmonious reading of condition number 6 of the ACP Scheme with the other conditions and stipulations of the Scheme that, while a person has to be eligible in all other aspects (educational qualification, departmental examination, skill/trade test, bench mark and DPC etc.) to hold the higher post, in terms of the Recruitment Rules, the scale of which is being considered under the ACP Scheme, insofar as the requirement of eligibility service is concerned, the only requirement is that he/she should have completed the prescribed 12 or 24 years’ regular service, as the case may be, counted from the direct entry(DE) from the date of joining service in the same cadre and in the same organisation or on deputation also. 11. Hon’ble sir, hence, it is requested that NK(RO)/HC(RM) rank shall never be treated as promotion because of all aforesaid reasons. As per GOI Ministry of “Personnel Public Grievances & Pension” of (DOP&T) OM No. 35034/3/2008-Estt(D) dated 19/05/2009. The post of Radio Operators/Radio Mechanics enrolled as CT for illogical and beyond ruling the subject purpose had been and against CCS ruling as well as against BSF RR vide GFR-822(E). 12. That all recruitments prior to 31st Aug 1997 may please be granted financial upgradation to the next rank pay under ACP scheme benefit on the date of completion of 12 years service and 24 years service on or before 31st /Aug/2009. Also 2nd MACP financial up gradation to the next grade on the hierarchy of promotion vide MACP order-2009 by considering their date of joining (D.O.J) as CT/RO or CT/RM as direct entry grade in place of date of promotion as NK(RO)/HC(RM). 13. Thus pay fixation circular may be ordered please. It is possible now as everything is crystal clear. I have been putting my grievances in this regards since last two years. Till date there is no any outcome except further giving a pet answer clarification asked from concerned directorate on the subject matter. Sir, I shall be highly thankful to you for this act of kindness, relief and speedy initiation please . Thanking you in anticipation, Yours sincerely No. xxxxxxxxx Rank: xxxxxxx Name: xxxxxxxx Unit/ HQ xxxxxxxxxxxx Copy to: 1. Hon’ble DG (FHQ BSF DTE)., adv copy by mail/[email protected] 2. Worthy IG (Personnel )- Dte FHQ., BSF [email protected] 3. Worthy IG (Comn & IT)- Dte FHQ., [email protected]
Posted on: Thu, 25 Dec 2014 19:29:00 +0000
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