As we have already discussed this topic in our earlier post published on April 22,2018. In which we clarified that as if a junior reserve category employee promotes on roster point on the higher post then on that higher post this reserve category employee will be junior to senior general category employee when he or she promotes on the same higher post.As per Punjab government instructions No:8/5/2015-3PP.1/42 Dated:14-03-2017 the pay of Senior general category employee will be stepped at par with his junior.
As per these instructions many departments of Punjab government have fixed the pay of senior junior and have granted the benefit of 4,9,14 years of ACP as per junior employee to senior. But now in latest instructions of Punjab government dated:10-10-2019 which are issued in reference to 14-03-2017 instructions, Government clarifies that during stepping pay of senior general category employee with junior reserve category employee, the benefit of 4,9,14 acp will not be given to senior as per junior. Only in starting pay will be fixed equal to junior reserve category employee because he is promoted earlier than him on roster point, ACPs will be given to senior on completion of 4,9,14 years of service from his actual date of promotion. For furter clarification you can download instruction from below:-
The instructions/clarification issued by the FP2 vide No. 6/17/2016-1FP2/1593569/1 dated 10.10.2019 is not correct,
ReplyDeleteAs per Sr. No. 1..the benefit of ACP will not be given to a senior as per his junior and only starting pay is to be fixed equal to Junior reserve category employee. this is a clear violation of the orders of Hon'ble Supreme Court in SLP filed by Punjab Govt. in "Ajit Singh Janjua V/s State Of Punjab & Ors". (Punjab Govt Instructions 3/34/99/3FP1/12565 dated 22.10.1999). followed by instructions dated 14.03.2017 and the earlier instructions 7/89/91-5 PP.1/18626 dated 28/10/1992 "clarification regarding ACP & notional promotion from retrospectively (back date)...
and another clarifications issued by the Punjab Govt. vide No. 4/98/90-3PP1/15206 dated 30.08.1996 (allowing promotions retrospectively and making payment of arrears of salaries) and No. 4/56/98-DC &GE/15404 dated 8.12.1998 (employees considered eligible for promotion from retrospective date)
The Finance Personnel/Personal Policy Department should have put all the departments in a fix by issuing the clarification dated 10.10.2019. Where as per Sr. No. 2 of this letter the pay is to be stepped up at every stage..
every annual increment/ every ACP scale/increment is a stage ... and the pay has to be stepped up at every stage.
The Local Audit department officials, posted at various Boards/Corporations/Universities are raising objections on the Senior-Junior cases without going through the Instructions properly, issued by their Own Finance/Personal Department. As a result, the employees, who have retired are moving to the High Court for the release of their retiral dues. More Legal complications are likely to rise in the future due to the adamant attitude of the Local Audit Department Officials.
Either the instructions dated 10.10.2019 are required to be withdrawn or clear cut instructions/clarification is required to be issued by The Finance/Personal Department of Punjab Govt.
REGARDS
DARSHAN SANDHU
As per instructions dated 10.10.2019, the pay of Senior Gen. Category Employee cannot be equal to Junior Reserve Employee without giving ACP, which is against the spirit of Ajit Singh Janjua Judgement Notifications dated 22.10.1999, 14.03.2017, and other Punjab Govt. instructions. The pay of Senior has to be stepped at par with Junior (promoted earlier) at every stage....
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