" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Wednesday 5 June 2013



ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                                                Address for communication:                         Secretary General:
Lokanath Mishra                                            240, Razapur, Ghaziabad-201001 (U.P.)                                  Ravi Malik
Mob. 09437314941                                        mail Id: ravimalik_sweet@yahoo.com                    Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 117/MACP/13                                                                          Dt. 22.05.13
                                                                                                                         REMINDER
To,                                                                                                                           
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Madam,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12 etc.
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single rupee. This is unable to give any financial benefit to the employees except one increment.  The financial benefit is the basic feature of ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as separate grade pays for the purpose of MACPS (Modified ACPS). This seems a simple conspiracy to befool the government employees in the name of granting one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both is higher in monetary terms. It was also nowhere either recommended by the 6th CPC or resolved by the government in the notification issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. In original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. In MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two grade pays by the authorities without application of any mind with the only intention of befooling the employees. Thus, scheme has been de-modified instead of being modified and thus, Modified ACPS is being proved to be lossful to our officers instead of beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. MACPS has been further de-modified saying that the higher grade pay would be 
granted in the hierarchy of grade pays instead of the promotional hierarchy or in the hierarchy of higher grades with actual financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit for officers at the time of entering into PB3 from PB2 either in grade pay or band pay. Surely, there is a meagre theoretical difference in band pays between PB2 and PB3 but it is unable to give any benefit to our Superintendents because of the level of minimum band pay under PB3 being already crossed by them very well before the entry into PB3. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4.This is clear, gross & intentional discrimination with a malafide intention under the aim for not granting benefit to the group ‘B’ officers. Under this malafide plan only, a single grade pay of Rs. 5400/- has been bifurcated into two grade pays with no financial difference without any logic to give no benefit to the employees.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall change at the time of financial upgradation under Modified ACP Scheme and the grade pay granted at the time of financial upgradation under the scheme will be the immediate next higher grade pay in the hierarchy of revised pay bands and grade pays. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- under the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade/grade pay. It is nowhere mentioned in the Notification that the upgradations would be granted in the hierarchy of the grade pays and noway in the artificially created grade pays by classifying a single grade pay of Rs. 5400/- into two without any application of mind. This has been done without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the financial upgradations under the scheme may be granted in the higher grades/grade pays as notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
                                                                                                                                                 Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.
Copy with the request for necessary action to:
1) The DG, HRD, CBEC, New Delhi.
2) The ADG (HRM), HRD, CBEC, New Delhi.

(RAVI MALIK)



ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                                                Address for communication:                         Secretary General:
Lokanath Mishra                                            240, Razapur, Ghaziabad-201001 (U.P.)                                  Ravi Malik
Mob. 09437314941                                        mail Id: ravimalik_sweet@yahoo.com                    Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 118/MACP/13                                                                          Dt. 22.05.13
                                                                                                                       REMINDER
To,                                                         
Sh. Sumit Bose,                                                               
The Secretary, Department of Revenue,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Madam,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12 etc.
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single rupee. This is unable to give any financial benefit to the employees except one increment.  The financial benefit is the basic feature of ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as separate grade pays for the purpose of MACPS (Modified ACPS). This seems a simple conspiracy to befool the government employees in the name of granting one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both is higher in monetary terms. It was also nowhere either recommended by the 6th CPC or resolved by the government in the notification issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. In original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. In MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two grade pays by the authorities without application of any mind with the only intention of befooling the employees. Thus, scheme has been de-modified instead of being modified and thus, Modified ACPS is being proved to be lossful to our officers instead of beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. MACPS has been further de-modified saying that the higher grade pay would be 
granted in the hierarchy of grade pays instead of the promotional hierarchy or in the hierarchy of higher grades with actual financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit for officers at the time of entering into PB3 from PB2 either in grade pay or band pay. Surely, there is a meagre theoretical difference in band pays between PB2 and PB3 but it is unable to give any benefit to our Superintendents because of the level of minimum band pay under PB3 being already crossed by them very well before the entry into PB3. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4.This is clear, gross & intentional discrimination with a malafide intention under the aim for not granting benefit to the group ‘B’ officers. Under this malafide plan only, a single grade pay of Rs. 5400/- has been bifurcated into two grade pays with no financial difference without any logic to give no benefit to the employees.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall change at the time of financial upgradation under Modified ACP Scheme and the grade pay granted at the time of financial upgradation under the scheme will be the immediate next higher grade pay in the hierarchy of revised pay bands and grade pays. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- under the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade/grade pay. It is nowhere mentioned in the Notification that the upgradations would be granted in the hierarchy of the grade pays and noway in the artificially created grade pays by classifying a single grade pay of Rs. 5400/- into two without any application of mind. This has been done without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the financial upgradations under the scheme may be granted in the higher grades/grade pays as notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
                                                                                                                                                 Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.







ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                                                Address for communication:                         Secretary General:
Lokanath Mishra                                            240, Razapur, Ghaziabad-201001 (U.P.)                                  Ravi Malik
Mob. 09437314941                                        mail Id: ravimalik_sweet@yahoo.com                    Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 119/MACP/13                                                                          Dt. 22.05.13
                                                                                                                       REMINDER                                                                         
To,                                                                                                                           
Sh. P. K. Mishra,
Secretary, DOPT,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Madam,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12 etc.
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single rupee. This is unable to give any financial benefit to the employees except one increment.  The financial benefit is the basic feature of ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as separate grade pays for the purpose of MACPS (Modified ACPS). This seems a simple conspiracy to befool the government employees in the name of granting one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both is higher in monetary terms. It was also nowhere either recommended by the 6th CPC or resolved by the government in the notification issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. In original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. In MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two grade pays by the authorities without application of any mind with the only intention of befooling the employees. Thus, scheme has been de-modified instead of being modified and thus, Modified ACPS is being proved to be lossful to our officers instead of beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. MACPS has been further de-modified saying that the higher grade pay would be 
granted in the hierarchy of grade pays instead of the promotional hierarchy or in the hierarchy of higher grades with actual financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit for officers at the time of entering into PB3 from PB2 either in grade pay or band pay. Surely, there is a meagre theoretical difference in band pays between PB2 and PB3 but it is unable to give any benefit to our Superintendents because of the level of minimum band pay under PB3 being already crossed by them very well before the entry into PB3. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4.This is clear, gross & intentional discrimination with a malafide intention under the aim for not granting benefit to the group ‘B’ officers. Under this malafide plan only, a single grade pay of Rs. 5400/- has been bifurcated into two grade pays with no financial difference without any logic to give no benefit to the employees.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall change at the time of financial upgradation under Modified ACP Scheme and the grade pay granted at the time of financial upgradation under the scheme will be the immediate next higher grade pay in the hierarchy of revised pay bands and grade pays. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- under the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade/grade pay. It is nowhere mentioned in the Notification that the upgradations would be granted in the hierarchy of the grade pays and noway in the artificially created grade pays by classifying a single grade pay of Rs. 5400/- into two without any application of mind. This has been done without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the financial upgradations under the scheme may be granted in the higher grades/grade pays as notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
                                                                                                                                                 Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.







ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                                                Address for communication:                         Secretary General:
Lokanath Mishra                                            240, Razapur, Ghaziabad-201001 (U.P.)                                  Ravi Malik
Mob. 09437314941                                        mail Id: ravimalik_sweet@yahoo.com                    Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 120/MACP/13                                                                          Dt. 22.05.13
                                                                                                                        REMINDER
To,                                                         
Ms. Praveen Mahajan,                                                    
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Madam,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12 etc.
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single rupee. This is unable to give any financial benefit to the employees except one increment.  The financial benefit is the basic feature of ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as separate grade pays for the purpose of MACPS (Modified ACPS). This seems a simple conspiracy to befool the government employees in the name of granting one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both is higher in monetary terms. It was also nowhere either recommended by the 6th CPC or resolved by the government in the notification issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. In original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. In MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two grade pays by the authorities without application of any mind with the only intention of befooling the employees. Thus, scheme has been de-modified instead of being modified and thus, Modified ACPS is being proved to be lossful to our officers instead of beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. MACPS has been further de-modified saying that the higher grade pay would be 
granted in the hierarchy of grade pays instead of the promotional hierarchy or in the hierarchy of higher grades with actual financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit for officers at the time of entering into PB3 from PB2 either in grade pay or band pay. Surely, there is a meagre theoretical difference in band pays between PB2 and PB3 but it is unable to give any benefit to our Superintendents because of the level of minimum band pay under PB3 being already crossed by them very well before the entry into PB3. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4.This is clear, gross & intentional discrimination with a malafide intention under the aim for not granting benefit to the group ‘B’ officers. Under this malafide plan only, a single grade pay of Rs. 5400/- has been bifurcated into two grade pays with no financial difference without any logic to give no benefit to the employees.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall change at the time of financial upgradation under Modified ACP Scheme and the grade pay granted at the time of financial upgradation under the scheme will be the immediate next higher grade pay in the hierarchy of revised pay bands and grade pays. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- under the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade/grade pay. It is nowhere mentioned in the Notification that the upgradations would be granted in the hierarchy of the grade pays and noway in the artificially created grade pays by classifying a single grade pay of Rs. 5400/- into two without any application of mind. This has been done without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the financial upgradations under the scheme may be granted in the higher grades/grade pays as notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
                                                                                                                                                 Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.





ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                                 Address for communication:                                        Secretary General:
Lokanath Mishra                              240, Razapur, Ghaziabad-201001 (U.P.)                                                Ravi Malik
Mob. 09437314941                          mail Id: ravimalik_sweet@yahoo.com                                    Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 121/M/13                                                                                       Dt. 22.05.13
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Use of extended panel to grant promotions.
 Madam,
Kindly refer to the minutes drawn against point No. 28 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.
2. It is submitted with due regards that the decision on this point has also unfortunately been deviated to dilute the issue as usual. The point was agreed during the course of discussions of the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter in the meeting of 02.11.12. You were also pleased to assure the Association in 31.01.13 meeting about the necessary action.
3. Extended panel is to be used in the following cases-
i) Regularisation of the post-1979 promotions from group ‘B’ to group ‘A’ based on the earlier judgement of the Hon’ble Supreme Court because the implementation of the judgement is incomplete for the want of the use of the extended panel.
ii) Regularisation of the post-1996 ad hoc promotions from group ‘B’ to group ‘A’ as per new RR’s based on the current (dt. 03.08.11 in CWP No. 365/10) judgement of the Hon’ble Supreme Court.
iii) DPC conducted in the month of June, 12 for the promotions from group ‘B’ to group ‘A’.
iv) Future DPC’s for promotion to the post of Asstt. Commissioner, which are already far behind the schedule.
4. The Association was assured about conducting of the supplementary DPC in this regard during the meeting of 02.11.12 which is still awaited. Contrary to the assurance given in the meeting, it has only been mentioned in the minutes as formality that the work of regularization is being done at high priority and all court judgements and govt. instructions are being honoured in this process. In regard of the minutes, it is submitted that the extended panel is not to be used only in the ongoing regularisation but it is also to be used in earlier post-1979 regularisation, June-12 DPC and future DPC’s.
5. In view of the above, it is requested that the immediate steps may kindly be taken to implement the provisions of extended panel in accordance of para 3 above.
Thanking you,
                                                                                                                                                 Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.
Copy with the request for necessary action to:
1) The DG, HRD, CBEC, New Delhi.
2) The ADG (HRM), HRD, CBEC, New Delhi.

(RAVI MALIK)


ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                                 Address for communication:                                        Secretary General:
Lokanath Mishra                              240, Razapur, Ghaziabad-201001 (U.P.)                                                Ravi Malik
Mob. 09437314941                          mail Id: ravimalik_sweet@yahoo.com                                    Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 122/M/13                                                                                       Dt. 22.05.13
                                                                                               REMINDER
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.

Sub: Out of Zone transfer of Association functionaries.
 Madam,
Kindly refer to the minutes drawn against point No. 23 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.
2. It is submitted with due regards that the decision on this point is still pending. The main office bearers of the zonal units of the Association are already being transferred not only to outstations but also out of zones.
3. The General Secretary of Tirunelvali Zone has been transferred to Madurai Zone where the Association already has another officer as General Secretary of Madurai Zone independent of Tirunelvali Zone. The President of Vapi/Daman Zone has been transferred to Surat Zone where the Association already has another officer as President of Surat Zone independent of Vapi/Daman Zone. Like it, the General Secretary of Bangalore has been transferred to Mysore Zone out of headquarters office. Same is the problem at Chandigarh, Kanpur, Allahabad etc.
4. By transferring the office bearers out of zone to the jurisdictional area of other zone or out of headquarters office, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be hampered completely due to no linkage of Association functionaries with the administration of concerned zone & staffside both. We (CBEC) are unable to keep our office bearers in concerned zones or at concerned headquarters while the office bearers are being kept even in concerned buildings of the same city by CSS.
5. In view of the above, it is requested that the office bearers may kindly not be transferred out of concerned zone and at least 3 office bearers (including President and General Secretary) as per the request of the Association may kindly be retained at the headquarters office in consonance of the letters No. 2/7/88-CS(IV) dt. 19.08.08 and No. 9/34/87-JCA dt. 08.03.88 both of DOPT in case of CSS. An IMMEDIATE action is very highly requested for the sake of the revival of employee grievances redressal mechanism.
Thanking you,
                                                                                                                                                 Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.