THERE IS SO MUCH CONFUSION GENERATED WHILE IMPLEMENTING THE STEPPING UP OF PAY AS DIRECTED BY THE HON’BLE COURT. THE VIEW POINT OF AIPAEA ON THE COMMON DOUBTS EXPRESSED IS GIVEN UNDER

1	Applicability of the Tribunal judgment	Whether the judgment is applicable to the directly recruited LDCs or to the promotees from Group D cadre.? Stepping up of the pay is to be done by comparing the pay of Senior Sr.Accountant with that of Junior Sr.Accountant(ACP SA) in the same cadre. Entry grade of Senior Sr.Accountant is not relevant.
2	Pay	Whether grade pay is to be taken for the purpose of stepping up? The judgment in Ashok Kumar Vs.UOI, was based on the ACP scheme introduced w.e.f. 9-8-1999 where pre-revised scales existed.  As such, the pay drawn in a pay scale means basic pay only. With the introduction of revised pay scales w.e.f. 1-1-2006, basic pay means the pay drawn in the prescribed pay band plus the applicable grade pay.  Hence stepping up w.e.f 1-1-2006 is to be done by comparing pay and grade pay of a Senior Sr.Accountant  with that of junior Sr.Accountant.
3	Parity on account of MACP	Whether parity is to be maintained consequent on grant of MACP? MACP scheme was introduced with effect   from 1-9-08 modifying and  replacing the existing ACP scheme on the recommendations of 6th CPC.  In the MACP scheme, 3rd financial upgradation is allowed in addition to the earlier 2 financial upgradations under ACP scheme.  This again results in junior SA drawing more basic pay than that of Sr.SA.  The Hon’ble Tribunal directed         “  the pay parity would be compared annually and parity would be maintained in future…” Hence it is imperative to settle the subsequent anomalies that may arise in future due to financial upgradations.
4	Parity with Junior transferred under Rule 38	Whether stepping up can be done with Junior transferred under rule 38? Para 9 of judgment in OA 156 of 2009(Ashok Kumar Vs.UOI)speaks about stepping up of the pay of a senior SA at par with his junior who has been granted benefit under ACP scheme and by virtue of this, is receiving higher pay than his senior.  Transfer under rule 38 is not a relevant factor to decide stepping up of pay. The Sr.SA all along draws equal or more pay than that of the Junior SA who was transferred under rule 38 and consequent on grant of ACP, the junior gets more pay, then the pay of senior SA should be stepped up.

CHQ clarification.