3% Increment for promotion between posts carrying same grade pay especially Rs.4200 - What was MACP benefit?

What is the benefit given to persons (On MACP) who were in Rs.4200 grade pay (feeder cadre & promotion cadre in same grade pay), prior to issue of order of 3% increment on 7th January, 2013.  

As it is now emphasized that MACP benefit should not be higher than promotion benefit, (which  was NIL on promotion till issue order dated: 7th Jan 2013) was the benefit on MACP also NIL if any one was eligible for MACP (if it precedes his promotion).      It means that people who were in 4200 grade pay were given Rs.NIl as benefit on MACP (if it precedes promotion) and treated as if one  MACP has been given.     Is this logical and reasonable?  

MACP is not related to promotional grade pay but it envisages placement in the next immediate higher grade pay as RP rules, 2008.

Similar situation and grant of one increment is already in place in Auditors (AT SENIOR LEVEL) case where two posts - feeder and Promotional post remain in two different pay bands like PB2 Rs,9300 with Rs.5400 Grade pay & PB3 Rs.15600 with Rs.5400 Gpay.    In this case, MACP also takes both pay bands as different.    In this case, both MACP and Promotion benefit remain equal.    Here, atleast the fixation will be at minimum of Rs.15600/- if the person promoted has basic pay lesser than Rs.15600/-.   This is atleast different from Rs.4200 Gpay case.

If any one had become eligible for MACP prior to promotion (working in the feeder cadre post carrying Gpay of Rs.4200 which has promotion post carrying same grade pay of Rs.4200, what was benefit given during the period from from 1.1.2006 to 6.1.2013 (prior to order dated 7th Jan 2013)?    If it is NIL, then is it not illogical and denial of benefit due? (as benefit on promotion was NIL as both posts carried same Gpay of Rs.4200).    This appears to be not logical and is unreasonable.

Legal route appears to be the only solution to all these disparities/discrepancies.  

3% increment posts in same grade pay in 6th Pay Commn - Recent order

Dear friends,
Deptt. of Expenditure has issued order dated: 7.1.2013 granting 3% for posts carrying same Grade pay.

It would be logical to say that when Feeder & Promotion cadre posts carry same grade pay, it should be either merged into one post or the promotion cadre post should be assigned higher grade pay.     But, instead of granting higher grade pay, a partial step has been taken in this regard.    When we look at all the other feeder and promotion cadres, on PROMOTION, everyone gets 3% increment in Pay Band and the Grade pay applicable to the promotion post excepting the case of PB2 Gpay 5400 to PB3 5400.    Here atleast the change of pay band is involved.   When a person's pay falls short of the minimum of the pay band, he will be fixed at starting of Rs.15600 + Rs.5400 (though he was in PB2 9300 with 5400 gpay).    But, till date, the only isolated case where the promotion benefit has been ZERO is in the case of merged scale 5000-5500 with Grade pay of Rs.4200 till date.   In order to offset this, the benefit of 3% Increment has been given by this order it seems.

However, it seems that this order is not applicable to all the cases where Grade pay of Feeder and Promotion post is same.   Because, the terms mentioned citing terms of  OM No. 169/2/2000-IC dated 24.11.2000:- 
1) that only in cases where it was not found feasible to appropriately restructure cadres in question on functional, operational and administrative considerations, extension of the benefit of fixation of pay under FR 22(I)(a)(1) could be considered on the merits of each case, provided all the conditions precedent for the grant of this benefit were fully satisfied and promotion to the post in question actually involved assumption of higher responsibilities. 
2) the feeder and promotion cadres should have been placed in the identical (same) pay scales as per 5th Pay Commission. 

Hence, this order appears that it would be applied on case to case basis depending the factors mentioned.   It would be for the individual departments to ascertain whether this is applicable based on the conditions mentioned in the said order.

In the case of DOS, though it was thought to be applicable, it seems to be not so as (only till 20.9.2005 the feeder and promotion cadre of STA and DOS L-II were lying in Rs.5000 basic) DOS post remained in a different grade pay of Rs.5500 whereas feeder cadre post of STA was in Rs.5000 basic prior to 6th pay commission itself ie., from 20.9.2005.    As this order specifically says that the pre-revised scale should have been in the same pay scale for feeder and promotion post ie., Rs.5000 for both feeder and promotion cadre or Rs.5500 for both feeder and promotion cadre.   But, situation here is different as prior to 6th Pay commn, i.e., w.e.from 20.9.2005 itself DOS and STA remained in different pay scales of Rs.5500 and Rs.5000 respectively.

Though I was under the impression that it would be applicable to the STAs who have been promoted to DOS post, it appears to be not so when we go thro the conditions mentioned in the order (went thro again and again and could come to a conclusion like this).

There may be similar situations in other departments also where same grade pay may have been in existence but with were with different pay scales prior to 6th Pay Commission.