Assured Career Progression Scheme: RBE No.87/2000 – ACPS Clarification

No.PC-V/99/I/1/1, dated 11.05.2000

S.No. PC-V/271

Sub: Assured Career Progression Scheme for the Railway employees – Clarifications regarding.

1. The undersigned is directed to draw attention to Railway Board’s letter of even number dated 1^st October, 1999 (RBE No.233/1999), regarding Assured Career Progression Scheme (ACPS). Consequent upon introduction of the Scheme, clarifications have been sought by various Railways/ PUs about certain issues in connection with implementation of the ACPS. The doubts raised by various quarters have been duly examined and point-wise clarifications are accordingly indicated in the Annexure to this letter.

2.     The ACP scheme should strictly be implemented in keeping with the Board’s letter of even number dated 1^st October, 1999 (RBE No.233/1999), read with the aforesaid clarifications (Annexure). Cases were the ACP Scheme has already been implemented shall be reviewed/ rectified if the same are not found to be in accordance with the scheme/ clarifications.

3.     All the Railways/ Production Units may give wide circulation to these clarificatory instructions for general guidance and appropriate action in the matter.

4.     Hindi version is enclosed.

ANNEXURE

Reference Railway Board’s letter No.PC-V/99/I/1/1, dated 1^st October, 1999

S.No.	Points of doubt	Clarification
1	Two posts carrying different pay scales constituting two rungs in a hierarchy have now been placed in the same pay scale as a result of rationalisation of pay-scales. This has resulted into change in the hierarchy in as much as two posts, which constituted feeder and promotion grades in the pre-merged scenario have become one grade. The position may be clarified further by way of the following illustration: Prior to the implementation of the Fifth Central Pay Commission recommendation, two categories of posts were in the pay-scales of Rs.1,200-1,800 and Rs.1,320-2,040 respectively, the latter being promotion post for the former. Both the posts have now been placed in the pay-scale of Rs.4,000-6,000. How the benefits of the ACP Scheme is to be allowed in such cases?	Since the benefits of upgradation under ACP Scheme (ACPS) are to be allowed in the existing hierarchy, the mobility under ACPS shall be in the hierarchy existing after merger of pay-scales by ignoring the promotion. An employee who got promoted from lower pay-scale to higher pay-scale as a result of promotion before merger of pay-scales shall be entitled for upgradation under ACPS ignoring the said promotion as otherwise he would be placed in a disadvantageous position vis-a-vis the fresh entrant in the merged grade.
2	Some employees have been allowed selection grade/ in-situ promotions though these grades are not a part of the defined hierarchy. Whether this is to be considered as promotion for the purpose of ACPS? Also, what will be the situation if selection grade has been allowed in lieu of higher pay-scale?	Mobility under ACPS is to be allowed in the ‘existing hierarchy’. As such, if any selection grade/ in-situ promotion has been allowed to employees which is not a part of the hierarchy, it shall not be counted as promotion for the purpose of ACPS. For illustration sake, we consider a hypothetical cadre in which staff appointed in the grade Rs.5000-8000 are allowed the scale of Rs.5500-9000 on completion of five years of regular service. The scale of Rs.5500-9000 is not a part of the defined hierarchy for them. In such cases, the pay-scale which is not a part of the hierarchy may be treated to have been withdrawn. However, fall in pay resulting out of this shall be protectcd by granting personal pay in the aforesaid direct entry grade of be adjusted against future increments. Moreover, as per Condition No.13 of ACPS, such existing (previous) schemes would be discontinued with the adoption of ACPS. However, in the case of common category of posts, the existing hierarchy in relation to a cadre would mean the restructured grades recommended by the Fifth Central Pay Commission.
3	An isolated post in the pay-scale of Rs.3,050-4,590 has been allowed in-situ promotion in the grade of Rs.4,000-6,000 whereas as per Annexure-II of Board’s letter dated 01.10.1999 (RBE No.233/1999) next scale is Rs.3,200-4,900. What should be the grade allowed under ACPS ?	In such isolated cases, we may grant benefits to the incumbents of such isolated posts on a dynamic basis as per Condition No.7 of ACPS as circulated vide Board’s letter dated 01.10.1999 (RBE No.233/1999).
4	In a case where a person is appointed to a post on transfer (absorption) basis from another post, whether 12 years and 24 years of service for the purpose of ACPS will count from the initial appointment or otherwise?	The benefits under ACPS are limited to higher pay scale and do not confer designation, duties and responsibilities of the higher post. Hence, the basic criterion to allow the higher pay scale under ACPS should be whether a person is working in the same pay scale for the prescribed period of 12/24 years. Consequently, so long as a person is in the same pay-scale during the period in question, it is immaterial whether he has been holding different posts in the same pay-scale. As such, if a Government servant has been appointed to another post in the same pay scale either as a direct recruit or on absorption (transfer) basis or first on deputation basis and later on absorbed (on transfer basis), it should not make any difference for the purpose of ACPS so long as he is in the same pay scale. In other words, past promotion as well as past regular service in the same pay-scale, even if it was on different posts for which appointment was made by different methods like direct recruitment, absorption (transfer)/ deputation, or at different places should be taken into account for computing the prescribed period of service for the purpose of ACPS. Also, in case of absorption (transfer)/ deputation in the aforesaid situation, promotions earned in the previous/ present organisations, together with the past regular service shall also count for the purpose of ACPS. However, if the appointment is made to higher pay-scale either as on direct recruitment or on absorption (transfer) basis or first on deputation basis and later on absorbed (on transfer basis), such appointment shall be treated as direct recruitment and past service/ promotion shall not count for benefits under ACPS. Needless to say, in cases of transfer on administrative ground, involving only change of station within the same department, the service rendered in the same grade at two stations may count for ACPS, as such transfers are within the same Organisation, ordered generally for administrative considerations and the service rendered in the earlier station counts as eligibility service for promotion.
5	Whether a Government servant, who is direct recruit in one grade and subsequently joins another post again as direct recruit, is eligible for first financial upgradation under ACPS after completion of 12 years of service counted from the first appointment or from the subsequent second appointment as direct recruit?
6	An employee appointed initially on deputation to a post absorbed subsequently, whether absorption may be termed as promotion or direct recruitment. What will be the case if an employee on deputation holds a post in the same pay-scale as that of the post held by him in the present cadre? Also, what will be the situation if he was holding a post in the parent cadre carrying a lower pay-scale?
7	Whether the instructions on ACPS are applicable to the employees working in the instrumentalities like autonomous/ judicial/ statutory bodies? Similarly, whether the orders are applicable to the employees working in industries governed by certified standing orders, Factories Act and Industrial Disputes Act., etc.?	ACPS is applicable only to Central Government civilian employees including Railway employees and, as such, does not get automatically extended to autonomous/ statutory bodies. A conscious decision in this regard shall have to be taken by the governing body/ competent authority/ Organisation concerned. In relation to others, specific cases shall be examined in consultation with the Ministry of Railways.
8	Appointment on the basis of limited departmental examination by which an employee joined a new service should be treated as promotion or not. For example, whether Group-D employees appointed as Junior Clerks or Grade ‘D’ stenographers appointed from amongst Junior Clerks should be treated as direct recruits or not in the respective higher grades.	If the relevant Recruitment Rules provide for filling up of vacancies of Stenographers Grade ‘D’/ Junior Stenographers by direct recruitment, induction of Junior Clerks to the aforesaid grade through Limited Departmental Competitive Examination may be treated as direct recruitment for the purpose of benefit under ACPS. However, in such cases, service rendered in a lower pay-scale shall not be counted for the purpose of benefit under ACPS. The case of Group ‘D’ employees who become Junior Clerks on the basis of departmental examination, stand on different footing. In their case, relevant Recruitment Rules prescribe a promotion quota to be filled up on the basis of departmental examination. Therefore, such appointments shall be counted as promotion for the purpose of ACPS. In such situations, past regular service shall also be counted for further benefits, if any, under the Scheme.
9	A merged pre-revised pay-scale of Rs.775-1,150 was allowed to Group-D employees as a result of an agreement with the Staff Side in the National Council of JCM. Those Group-D employees drawing Rs.1,030/- (pre- revised) or above as basic pay have been allowed S-3 (revised) (Rs.2,650- 4,000) and those drawing less have been allowed S-2 (revised) (Rs.2,610-3540). The replacement scales of Rs.2,610-3,540 and Rs.2,650-4,000 should be treated as one. Since S-4 (revised) (Rs.2,750-4,400) does not operate in the Railway Board office. Group ‘D’ employees in Railway Board should be given second upgradation in S-5 i.e. Rs.3,050-4590.	The issue of demerger of the integrated pay-scale of Rs.775-1150 is already under consideration of the National Anomaly Committee. It has not been agreed either to treat the promotion to S-2 and S-3 as one or for merging the pay-scales. As the merger of the pay-scales earlier was as a result of an agreement only with a view to providing certain relief to the stagnating employces, it cannot, in itself, be the ground for allowing additional benefits. As such, an employee of Railway Board inducted in S-1 and now placed in S-2 shall be allowed one more upgradation i.e. in S-3 under ACPS. An employee inducted in S-1 and now placed in S-3 shall not be allowed any further upgradation as he has already availed of two financial upgradations.
10	When an employee in Group-C scale is given financial upgradation in Group-B scale, whether it shall have the approval of the authority competent to appoint persons in the upgraded scale.	While the Schene provides for only financial upgradations to an individual and not the upgradation of the post held by him, the classification of the post held by the officer slhould be with reference to the scale of pay of the post held by Government servant on regular basis and not with reference to the higher scale of pay granted to the Government servant on upgradation under ACPS. However, upgradation under ACPS may be allowed with the approval of the authority competent to make an appointment in the upgraded scales/ grades.
11	Whether ex-servicemen who have been re-employed after giving relaxation in age and educational qualifications prescribed in relevant Recruitment/ Service Rules for particular post as direct recruit are to be allowed ACP benefits on completion of 12/24 years of service after re-employment in civilian post.	Yet. The ACPS is meant for the Central Government civilian employees including Railway employees. As such, ex-servicemen, re-employed as Railway employees, shall be entitled for upgradation under the Scheme on completion of 12/24 years of service after direct recruitment in the Railway employment. Also, such category of persons would already be drawing pension on the basis of their service in the armed forces.
12	An employee gets first promotion after 20 years of regular service. In terms of relevant Recruitment/ Service Rules, required eligibility service is 8 years for the next promotion, whether upgradation under ACPS is to be allowed on completion of 24 years of service from direct recruitment i.e. four years after the first promotion or on completion of 8 years of regular service after first promotion as per the Recruitment Rules.	Upgradations under the Scheme are to be allowed on completion of 12/24 years of service counted from direct entry in the Government employment including Railway employment. If an employee gets first regular promotion on completion of 20 years of service, he will be entitled to second financial upgradation under ACPS on completion of 4 years of service after such first regular promotion, though the Recruitment/ Service Rules prescribe higher length of regular service in grade for next promotion.
13	An employee who may have completed 29 years of service shall be entitled for two upgradations directly along with other employees who may have completed 24 years of service. This would create an anomaly in as much as 5 years of service of the former would get neutralised. Therefore, the upgradation could be allowed notionally from the date of completion 12/24 years of regular service and actual financial benefit could be given from the date of meeting of the Screening Committee.	No.
14	The relevant Recruitment/ Service Rules prescribed departmental examination/ trade test for vacancy based promotion. However, this need not be insisted for upgradation under ACPS.	As per the Scheme (Condition No.6), all promotion norms have to be fulfilled for upgradation under the Scheme. As such, no upgradation shall be allowed if an employee fails to qualify departmental/ trade test etc. prescribed for the purpose of regular promotion.
15	An employee who has completed 24 years of service is to be allowed two upgradation directly. What will be the mode of fixation of pay of the employee?	The following illustration shall clarify the doubt. An incumbent in the pay-scale of Rs.4000-6000 (S-7) has put in 24 years of regular service without a regular promotion. The incumbent shall be allowed two upgradations i.e. to S-8 and S-9. His pay shall first be fixed in S-8 and then in S-9.
16	If special pay has been allowed in lieu of separate pay-scale, whether this should be treated as promotion for the purpose of ACPS and also whether the special pay is to be taken into account while fixing the pay under ACPS?	Special pay allowed shall not be counted as promotion for the purpose of ACPS. Also, the special pay drawn in the lower post, in lieu of a higher pay-scale shall be taken into account for fixation of pay under ACPS subject to the fulfilment of the following conditions:- (i) The special pay in the lower post should have been granted in lieu of separate higher scale, (ii) If the special pay has been drawn in the lower post continuously for a minimum period of three years on the date of promotion, the pay in the higher post will be fixed under the normal rules, treating the special pay as part of the basic pay. In other cases, the pay in the time-scale of the higher post will be fixed under the normal rules, with reference to the basic pay drawn in the lower post (excluding the special pay), where this results in drop in emoluments the difference between the pay so fixed and the pay plus special pay drawn in the lower post will be allowed in the form of personal pay to be absorbed in future increases of pay. (iii) In both kinds of cases referred to in clause (ii) above, it should be certified that, but for the promotion, the Government servant would have continued to draw the special pay in the lower post.

17.   Points of doubt:- Based on the categorisation of Libraries, the following pay-scales for posts in libraries have been prescribed in terms of Board’s letter No.PC-IV/90/IMP/3, dated 12.10.1992 (RBE No.170/1992).
Post	Pay-scales (pre-revised)	Pay-scales (revised)
Library and Information Assistant	1,400-2,600	5,000-8,000
Sr. Library and InformationAssistant	1,640-2,900	5,500-9,000
Assistant Library and Information Officer	2,000-3,500	6,500-10,500
Library and Information Officer	3,000-4,500	10,000-15,200
Director (Library and Information)	4,500-5,700	14,300-18,300
In a number of cases, depending on the work etc., there are only first two categories of posts in a library. What should be the channel for upward mobility under ACPS of the library staff in such cases? Clarification:- In order to secure uniformity in the upward mobility of the library staff under the ACPS, it has been decided to adopt the aforesaid pay-scales subject to the prescribed terms and conditions. However, grant of higher pay-scale under ACPS will, as per Condition No. 6, not result in change in the designation etc. of the beneficiary.

S. No.	Points of doubt	Clarification
18	On upgradation under ACPS, pay of an employee shall be fixed under the provision of FR 22(I)(a)(1). Whether an option for fixation of pay in the higher grade based on the date of increment may also be allowed?	Yes. The financial benefit allowed under ACPS shall be final and no pay fixation benefit shall accrue at the time of regular promotion. In other words, upgradation under ACPS shall be treated on par with regular promotion in so far as pay-fixation is concerned Therefore, the option of pay- fixation in the next higher grade based on the date of increment may be allowed.
19	(a) Annexure-I of ACPS stipulates that if the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings etc., this would have consequential effect on the second upgradation which would also get deferred accordingly. In other words, the employee who has been denied the first financial upgradation (meaning withholding of this benefit) would again be penalised even after having completed 24 years of regular service. This certainly is a case of double jeopardy and should not be inflicted.	In regard to deferment of grant of ACP benefits on account of disciplinary proceedings or refusal of promotion, it is mentioned that the ACPS in the matter has to follow the same pattern as that obtains in the case of regular promotion. The basic idea behind making this provision is that there shall be uniformity of treatment both in the case of ACPS and regular promotions. Moreover, the Government has already modified/ moderated the Fifth Central Pay Commission recommendation that in case of refusal to accept regular promotion subsequently, the employee concerned should be reverted from the higher grade granted under ACPS. The Scheme adopted by the Government, as such, guards against this adverse effect and thereby has already brought about an improvement upon the Pay Commission recommendation in this regard.
	(b) Annexure-I of ACPS unnecessarily provides for deferment of second financial upgradation by the period for which an employee is debarred from regular promotion in the higher grade. In other words, it connects the second upgradation under ACPS with regular promotion to the 1st ACP grade. This is quite unwarranted as the schemes of ACP and regular promotions are to run concurrently and parallel to each other and should, therefore, not be connected in the manner it has been done. This condition may, therefore, be withdrawn.
20	(a) Appointment in Junior Clerk grade from Group ‘D’ should not be treated as promotion because Junior Clerk is not in the direct line of promotion for Group ‘D’ employees. Two services are altogether different. No Group ‘D’ employee can be appointed/ promoted to a Group ‘C’ post like Junior Clerk etc., who does not possess the educational qualification prescribed in the Recruitment Rules. The Group ‘D’ employees have to satisfy certain minimum standards of selection and only then they are eligible for appointment to Group ‘C’ posts like Junior Clerk.	(a) As already clarified in relation to item at S.No.8, in the existing arrangement, specified quota of Junior Clerk vacancies are filled by Group ‘D’ staff on the basis of Limited Departmental Competitive Examination. As such, post of Junior Clerk may be treated as promotion post under ACPS for Group ‘D’ staff.
	(b) A number of Group ‘D’ employees are appointed as Despatch Riders/ Staff Car Drivers, Gestener Operators etc. Since these posts are not in the direct line of promotion for Group ‘D’ employees and are in the normal Course meant to be filled by direct recruitment, such appointments should not be treated as promotion for ACPS.	(b) The appointment of Group ‘D’ employees as Despatch Rider/ Staff Car Driver is on transfer basis in a higher pay-scale. This point has already been clarified in relation to items at S. Nos. 4, 5 and 6 above.
21	An employee may be given second upgradation under ACPS as soon as he completes 12 years of regular service from the date of his earlier promotion or as soon as he completes 24 years of regular service, whichever is earlier.	The periodicity of 12/24 years of regular service for grant of upgradations under ACPS cannot be relaxed. Grant of the first regular promotion prior to completion of 12 years of regular service from the direct entry grade shall have no bearing on the periodicity of the second upgradation under ACPS, which shall be granted only after completion of 24 years of regular service and only if the second regular promotions has not been earned in between.
22	Junior/ Senior Clerks in administrative offices of the Railways are having over-lapping duties as well as over-lapping scales of pay. Both are inter-changeable. In fact, division in the duties is more artificial than real. Therefore, promotion of Junior Clerks to the post of Senior Clerks should not be treated as promotion for the purpose of ACPS.	Both the posts constitute two rungs in a hierarchy and, as such, promotion of Junior Clerks as Senior Clerks shall be treated as promotion for the purpose of ACPS. Moreover, ACPS is not designed to interfere with the existing cadre structure.
23	The condition 8 of the Annexure-I of Board’s letter dated 01.10.1999 (RBE No.233/1999) operates very harshly against senior employees. It will give rise to serious anomalies in a situation where junior employee in a grade being direct recruit are given ACP upgradation on completing period of residency, claims of senior employees in the same grade and in the same department are ignored merely on the ground that they have already been promoted twice earlier. It would, as such, be very unfair to ignore the claim of seniors as that would lead to heart-burning and demoralisation.	The ACPS is to act as a ‘safety net’ to provide relief in cases of acute stagnation. The concept of “senior-junior” is quite alien to the idea behind the ACPS recommended by the Fifth Central Pay Commission which had also quite specifically recommended against it. Benefits granted under the Scheme are “personal” in nature and in recognition of long hardships faced by stagnating employees. Moreover, it does not grant any status related benefits nor does it change the seniority position. Senior will continue to be senior even if his junior has earned upgradations under ACPS. Relief granted to Railway servants facing stagnation/ hardships, as visualised by ACPS, cannot provide a ground for claiming identical relief by others who are not similarly circumstanced.
24	All retirement and other terminal benefits would be granted on the basis of actual pay drawn in the upgraded ACP scale and condition No.6 of Annexure-I to the effect that it would not confer any privileges related to higher status would not be invoked to deny the retirement/ terminal benefits based on the actual pay drawn in 1st/ 2nd ACP grades at the time of retirement.	Yes. The retirement/ terminal benefits would be on the basis of upgraded pay-scale, if any, granted under ACPS.
25	Whether the upgradations under ACPS are to be allowed to the employees who are on deputation in other organisations/ on training/ on study leave.	It has been clarified vide Condition No.6 of ACPS that such upgradation shall not entitle for deputation to higher posts. Therefore, as a corollary, upgradation under ACPS shall be allowed, in respect of employees who are on deputation, only on notional basis, as otherwise such upgradation in the cadre may have bearing on the deputation pay of the official. However, an employee will get the actual benefit on the basis of such notional pay-fixation under ACPS with prospective effect only on repatriation. Similarly, since an employee draws leave salary while on leave, he will get similar treatment as allowed to a person on deputation. However, upgradation under ACPS may be allowed to an employee who is on training as he is on duty for all practical purposes.
26	Whether the benefit of past service will be extended to temporary status employees after their regularisation ?	No, the benefit of past service shall not be extended to temporary status employees after their regularisation for the purpose of ACPS.
27	What is an isolated post for the purpose of the ACP Scheme.	Isolated post is a stand alone post, having neither feeder grade nor promotional grade. As such, a post having no promotional grade but having a feeder grade and vice-versa shall not be treated as isolated post for the purpose of ACPS.
28	Where the cadres/ hierarchy is limited to two grades only, what should be the pay-scale for grant of second upgradation under ACPS?	Such a cadre/ hierarchy shall not fall in the isolated category as defined at S. No.29 above. Hence, the standard/ common pay-scales mentioned in Annexure-II Board’s letter dated 01.10.1999 (RBE No.233/1999) shall not be applicable in such cases. Action in such cases may, therefore, be taken as per following clarifications:- (i) If such cadre/ hierarchy exists in the Ministry/ Department concerned, the second upgradation may be allowed in keeping with the pay-scale of an analogous grade of a cadre/ post in the same Ministry/ Department. However, if no such grade exists in the Ministry/ Department concerned, comparison may be made with an analogous grade available in other Ministries/ Departments. (ii) In the case of attached/ subordinate offices, the second upgradation under ACPS may be given in keeping with the pay-scale of an analogous grade of a cadre/ post of the concerned office. However, if no such cadre/ post exists in the concerned office, comparison may be made with an analogous grade available in other attached subordinate offices of the Ministry/ Department concerned.

Download Railway Board Circular RBE No.87/2000

Forward reference ⇒ RBE No.