ALL
INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS, DELHI
President:
Address
for communication: General Secretary:
C.S. Sharma 240,
Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Ravi Joshi (9811610727), Raj Kumar (9810825820), Balwan Singh
(9650014423)
Joint Secretaries: Mangal Singh (9810590875), Ghanshyam Sanwal (9810962083)
Treasurer: Harsh Sood (9810111161)
(Affiliated to All India Association of Central
Excise Gazetted Executive Officers)
Ref.
No. 41/R/13 Dt. 17.06.13
IMMEDIATE PL.
REMINDER
To,
Sh. K. Srivastava, Chief Commissioner (DZ),
Central
Excise, C. R. Bldg., New Delhi.
Sub: Recovery against ACP/MACP
upgradation.
Sir,
Kindly
refer to the Ref. No. 29/R/13 Dt. 15.05.13 of the Association.
2.
It is submitted with due regards that the recovery has been started from the
salaries of the officers in r/o the ACP/MACP upgradations in Delhi Zone despite
of kind assurance from your goodself that no recovery would be made in such
cases until matter is clarified finally by the Board.
3. It
is further submitted that any offset of ACP/MACP upgradation with the time
scale is not legally sustainable. Moreover, it is also not understood how the time scale granted between 01.01.06
and 31.08.08 (before the origin
of MACPS) can be offset with
MACP upgradation whereas the MACPS
itself came into existence on 01.09.08. Even otherwise, the MACP/ACP
upgradation can no way be offset with the time scale because of both having
different identity as well as procedure for implementation. The time scale is
the part of the pay scale of the post being held by the employee which requires
no DPC whereas the ACP/MACP upgradation is not the part of the pay scale of the
post and it also requires DPC. The grade pays granted under the ACP/MACP
upgradation also belong to the higher post or higher hierarchy.
4. It is also worth to
submit that the government was not having any intention to put its employees at
loss at the time of the formulation of MACPS as compared to ACPS. Rather, it
was formulated to grant additional benefit to the employees. In addition to MACPS,
one more additional financial benefit was granted independent of MACPS in the
form of time scale.
5. It is also well
pertinent to mention that no MACP upgradation is being offset by the State
governments like Uttar Pradesh etc. One may say that MACP Schemes adopted by
the Central governments and State governments have no link but this notion is
not correct because both of the MACP
Schemes have been originated from the same common source, i.e., 6th
CPC.
6. In view of the
above,
(a)
A grade pay of Rs. 6600/- should be paid to those officers on completion of 30
years who have got time scale and then 2nd ACP upgradation between 01.01.06 and
31.08.08. Their IIIrd MACP upgradation will not be offset against the time
scale.
(b)
A grade pay of Rs. 5400/- should be paid to those officers on completion of 20
years or on being eligible for IInd MACP upgradation who have got time scale
before completion of 20 years or prior to the grant of IInd MACP upgradation.
Their next MACP upgradation will not be offset against the time scale.
(c)
If administration thinks that MACP upgradation is to be offset with time scale,
it is not understandable what the next upgradation would be called/counted-IInd
or IIIrd and how the employees would be able to get IIIrd MACP upgradation.
7. It is,
therefore, requested that no recovery
may kindly be made from the salaries of the officers by offsetting the
ACP/MACP upgradation with the time scale and they may be granted MACP
upgradation as per paras 6(a) and 6(b) above. If the administration is adamant
to make the recovery, the issue may kindly be referred to the CBEC for specific
clarification and the recovery be stayed
until clarification comes from CBEC.
Thanking you,
Yours faithfully,
(RAVI MALIK),
General
Secretary.
Copy with the request for necessary action to:
1) The
Commissioner, Central Excise, Delhi-I.
2) The
Addl. Commissioner (P&V), Central Excise, Delhi-I.
(RAVI
MALIK)
