Submit representation urgently.

  Those retired officers or serving officers  could not get  GP 6600 in PB-3 on 3rd upgradation under MACP because of misinterpretation of Board on the grounds that  Grade Pay of Rs. 5400/- in PB2 and GP 5400 in  PB3  are considered as separate grade pays under para 8.1 of MACP Scheme and also  one MACP upgradation is to be  offset with the granting of NFGP/ Time scale  after serving of 4 years in the Grade Pay of Rs. 4800/- treating the time scale as one MACP upgradation. These officers are requested to submit representation immediately  to grant GP-6600 in PB-3 with sanction of arrears pay and revision of pension  stating the following:

As per the decision  dated  16.10.14 of  the Hon’ble Madras High Court in Writ Petition No. 11535/2014 with M.P No. 1/2014, the Hon'able High Court had held   that the Grade Pay of Rs. 5400/- in PB-2 (Level-9) & GP 5400 in  PB-3 (Level-10) is one and the same grade as there is no difference between the Grade Pay of Rs. 5400/- in PB2 and GP -5400 in  PB3. The said judgment was upheld  by the Hon’ble Apex Court in Special Leave to Appeal (C) 15396 of 2015 by dismissing the SLP filed by the Govt. 

As regards the offsetting of MACP upgradation with the time scale,  the Hon’ble High Court of Delhi on 20.12.17 in the W.P.(C) No. 9357/2016 had  held  that non-functional financial upgradation (time scale) can  not be considered as  an  upgradation under MACP  as the same is  being integral part of the pay. 

             In view of the above decision it is mandatory  to  grant  the Grade Pay of Rs. 6600/- (Level-11) in 3rd upgradation under MACP after getting  time scale of Rs. 5400/- in PB-2  without offsetting such granting of  time scale with the MACP upgradation.