No.35014/1/2003-Estt(D)
Government of India
Ministry of Personnel , Public. Grievances. & Pensions
(Department of Personnel and Training)

New Delhi-100001
Dated June 29, 2004

In terms of the provisions of the Assured Career Progression (ACP) Scheme introduced by the Department of Personnel & Training vide Office Memorandum No. 35034/1/1997 –Estt (D) dated August 9,1999, the extension of the benefit of higher pay scales under the ACP Scheme, in accordance with the existing hierarchy, is subject to fulfilment of certain conditions enumerated in Annexure I of the said Office Memorandum. Condition number 6 provides for fulfillment of the normal promotion norms (bench-mark, departmental examination, seniority-cum-fitness in case of Gr. D employees etc.) prescribed in the Recruitment Rules. It has further been clarified in reply to point of doubt number 53 of DoPT Office Memorandum No. 35034/1/97-Estt-D (Vol.IV) dated 18^th 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.

2. A doubt has been expressed as to whether the requirement of fulfilment 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.

3. 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 fulfilment of the prescribed conditions. Condition number 5.1 further provides that two financial upgradations 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.

4. 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 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 should have completed the prescribed 12 or 24 years’ regular service, as the case may be, counted from the direct entry grade.

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 10^th February, 2000, past service in the same grade can also be counted towards the regular service.

6. The Staff Side (National Council), JCM have brought to notice that certain Departments are insisting on completion of 2 years’ regular service before grant of first financial upgradation under ACP Scheme in the grade of Peon in respect of Safaiwalas, Malis, Watchman etc. who were appointed as Peon in the same pay scale on lateral transfer basis under the 25 % quota earmarked for them, even though they have completed the required 12 years’ regular service in that grade at the time of appointment as Peon or immediately thereafter. In view of the position stated in para-4 above, a Safaiwala, Watchman etc. when appointed as Peon may be considered for grant of first financial upgradation on completion of 12 years’ regular service in the grade of Rs. 2550-3200 (S-1), including the past service in that grade, without insistence on further completion of 2 years’ regular service in the grade of Peon.

7. Hindi version will follow.

18. Establishment (D) Section (200 copies).