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Speaking Order

This document outlines a speaking order regarding the request of Shri X, an AAO, for a higher grade pay under MACP scheme. It summarizes that Shri X filed a case seeking higher grade pay from 2008 based on judgments granting it to senior auditors. However, the order rejects the claim, finding that the post of AAO is not in the regular promotion line for auditors, so Shri X cannot be considered senior or junior to them for MACP purposes.

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2K views9 pages

Speaking Order

This document outlines a speaking order regarding the request of Shri X, an AAO, for a higher grade pay under MACP scheme. It summarizes that Shri X filed a case seeking higher grade pay from 2008 based on judgments granting it to senior auditors. However, the order rejects the claim, finding that the post of AAO is not in the regular promotion line for auditors, so Shri X cannot be considered senior or junior to them for MACP purposes.

Uploaded by

CGDA IT&S
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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SPEAKING ORDER

FORMAT
Office of the Pr. Controller of Defence Accounts (SC)
No.1 Finance Road, Pune – 411 001
Ph: xxxxxxxxx Fax: xxxxxx e-mail: …………….
File No…….. Date: …………

Speaking Order / Order

Body of the Office Order…….

Sd/-
Name & Designation

Served upon/Copy to:


…………..
SOLUTION
 Whereas, Shri X, AAO, presently serving in the office
of the PCDA(Y) was initially appointed as Auditor on
20.11.2002 and after passing SAS Part I and II
examination got promoted as SO(A) w.e.f.
17.04.2006. Consequent on implementation of 6th
CPC recommendations his pay was fixed in the Pay
Band 2 with grade pay of Rs 4800/- under the CCS
Revised (Pay) Rules, 2008 from 17.04.2006.
SOLUTION
2. Whereas, Shri X, AAO have filed OA No. 1234/2015
before Hon’ble Principal CAT New Delhi seeking relief of
grant of the Grade Pay of Rs 5400/- along with arrears
and all consequential benefits w.e.f 01.09.2008. This
being the earliest date on which a number of Senior
Auditors were placed in the Grade Pay of Rs 5400/- on
grant of 3rd upgradation under MACP Scheme by
extending the benefits of the judgment dated 29.12.2010
passed by the Hon’ble Madras Court vide judgment
dated 19.03.2014 in writ petition 18611 and 18612 of
2011. The same has also been made final by Hon’ble
Supreme Court of India vide order dated 19.08.2014
rendered in SLP CC No. 11103/2014.
SOLUTION
3. Whereas, honourable Principal CAT, New Delhi
vide oreder dated 01.01.2016 directed the
department to consider the Grievance of Shri X,
AAO in the light of the judgments/orders referred
in Para 2 above and to pass a reasoned and
speaking order.
SOLUTION
4. Whereas, only those Senior Auditors who were
granted 2nd upgradation under ACP Scheme in the
Pay scale of 6500 – 10500 were allowed the 3rd
upgradation to Grade pay of Rs 5400/- under the
MACP scheme strictly as per the eligibility conditions
therein and based on clarifications received from
MoD(Finance) in the matter.
SOLUTION
5. Whereas, the relief sought by the applicant of the OA
has been examined by the department in the light of
the judgment/order referred in Para 2 above in
consultation with DoPT in detail. It has come to fore
that post of AAO is not in the regular line of
promotion for any cadre in the department.
Therefore, after induction to th epost of AAO, the
officers in the post of Senior Auditor and the Officer
holding the post of AAO are part of different
hierarchy. These can no longer be considered as
Senior/Junior as both the posts have different
seniority lists. As such the demand of Shri X holding
the post of AAO to grant financial upgradation under
MACP scheme at par with Sr. Auditors is not in order
and therefore not acceptable.
SOLUTION
6. After detailed consideration of the case as sought
above, it is concluded that the claim of the
applicant is devoid of merit and found untenable
under the existing law. Accordingly , the claim of
Shri X for grant of Grade Pay of Rs 5400/- is hereby
rejected.

(ABCD)
GO(AN)

Served upon/Copy To:


Shri X, AAO
O/o the PCDA(Y)
THANK YOU!

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