CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS): AIACEGEO- CORRESPONDENCES ON MACP ISSUES.

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. 107/OS/13 Dt. 15.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: ACP/MACP clarification.

Madam,

It is submitted with due regards that the much awaited clarifications on ACPS/MACPS have been issued by the CBEC recently to the Shillong & Jaipur Commissionerates. But very unfortunately, the clarifications are again ambiguous keeping silent on the main issue/s.

2. All the related issues have not been settled in these clarifications. For example, clarifications are silent on the following issues-

(a) What grade pay will 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? Whether they will be eligible for IIIrd MACP upgradation or will it be offset against the time scale?

(b) What grade pay will 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 grant of IInd MACP upgradation? Whether they will be eligible for next MACP upgradation or will it be offset against the time scale?

(c) If MACP upgradation is offset, what will the next upgradation will be called/counted-IInd or IIIrd?

3. It is also worth to submit that there is no use of issuing such ambiguous clarifications by the concerned section as issued recently to the Shillong & Jaipur Commissionerates. The Association is really unable to understand why the clarifications have been issued so belatedly and also ambiguously by the concerned section and under what motive/interest/intention/purpose/aim behind the delay or ambiguity. It seems that the concerned sections in CBEC have become habitual of making the things delayed or wrongly interpreted or even not responded at all despite of the repeated reminders. What purpose is being served by them by adopting such tactics? Every grievance of staffside is unredressed or long pending on account of such tactics.

4. Moreover, the clarifications were required to be issued in general for all field formations because, as already submitted, the said problems are not being faced at Shillong or Jaipur only but these are being faced everywhere. The officers are on the verge of recovery but our sections of CBEC are not serious at all. The officers falling under the categories (a) and (b) of para 2 above are not being granted the due benefits by the field formations.

5. Every prudent person knows 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. It is like the taking of birth by a child without marriage of the parents. Even otherwise, the MACP/ACP upgradation can noway 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 which also requires DPC. The grade pays granted under the ACP/MACP upgradation also belong to the higher post or higher hierarchy.

6. It is also well pertinent to mention that some of our officers are able to get a grade pay of 6600/- on completion of 30 years while others only 5400/- on completion of 30 years or even more under MACPS after joining the job in a grade pay of 4600/-. Whereas the officers are able to get a grade pay of 7600/- after 30 years at other places even after joining the job in a lower grade pay of 4200/- or same grade pay of 4600/-. It is also very disappointing & totally unjustified that our officers would get a grade pay of Rs. 5400/- now in 30 years or even later under MACPS while they were able to get it within 24 years under ACPS. This all is happening only due to the unreasoned clarifications issued without application of mind. Actually, all of the officers should get at least a grade pay of 7600/- after completion of 30 years as is being granted to their employees by the State governments even before the completion of 30 years. One may say that MACP Schemes adopted by the Central governments and State governments have no relation but this notion is not correct because both of the MACP Schemes have been originated from the same source, i.e., 6^th CPC. It is also worth to mention 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. Thus, all of the anomalies stated above need to be rectified urgently & immediately.

7. As far as the para 8.1 of MACPS is concerned, it is nowhere mentioned in it that the time scale/NFSG would offset one MACP upgradation. Not only in para 8.1 but nowhere in MACPS notification it is mentioned that the time scale/NFSG would offset any MACP upgradation whereas it has been clarified by the CBEC that the NFSG would offset one MACP upgradation as per the para 8.1 of MACPS. Para 8.1 merely says that the grade pays of 5400/- in PB2 and PB3 are separate grade pays for the purpose of MACP upgradation. It is also interesting that the term ‘time scale’ has been changed to ‘NFSG’ while no such term has been used anywhere either in the resolution of the government based on 6^th CPC recommendations or MACPS notification.

8. One more confusion (intentional ?) has been created through Shillong clarification issued vide F.No.A-23011/29(III)/2010-Ad.IIA Dt. 06.05.13 that the officers were granted NFSG on completion of 4 years in the Superintendent grade w.e.f. 17/23.12.09 as nothing such was mentioned by the Chief Commissioner of Shillong in her letter C. No. II(24)4/ET/CCO/SH/2011/46 Dt. 04.01.13 addressed to your goodself.

9. In view of the above, it is requested that a general clarification may kindly be issued to all the field formations clarifying very clearly each and every doubt & ambiguity to give justice to the officers at an early date without habitual delay on the part of the concerned section. It is also requested that the field formations may be directed not to make any recovery until the issue is settled finally by the CBEC.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The Chairperson, CBEC, North Block, New Delhi.

2) The Revenue Secretary, North Block, New Delhi.

3) The DG, HRD, CBEC, New Delhi.

4) 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

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. 71/OS/13 Dt. 29.04.13

REMINDER

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Undoing the offsetting of MACP upgradation with the time scale.

Madam,

Kindly refer to the following communications of the Association made to the various authorities-

i) Ref. No. 125/10 Dt. 20.10.10,

ii) Ref. No. 46/11 Dt. 27.04.11,

iii) Ref. No. 58/11 Dt. 06.05.11,

iv) Ref. No. 71/11 Dt. 20.05.11,

v) Ref. No. 91/11 Dt. 22.06.11,

vi) Ref. No. 102/11 Dt. 06.07.11,

vii) Ref. No. 165/11 Dt.13.09.11,

viii) Ref. No. 166/11 Dt.14.09.11,

ix) Ref. No. 167/11 Dt.14.09.11 etc.

2. As already known to your goodself very well, it is again submitted with due regards that one MACP upgradation has been offset with the time scale by the government authorities despite of the fact that the time scale and MACP/ACP upgradation are altogether different things. There exist no statutory provisions to offset the MACP upgradation with the time scale. There is no link between the MACP upgradation and the time scale while the authorities have linked the MACP upgradation with the time scale. The different mechanism and procedure have been prescribed for each due to being no linkage or relation between them.

3. The grade pay under the time scale is merely a financial benefit attached to the pay scale of the concerned officer after the completion of 4 years of service. The MACP upgradation can noway 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 whereas the MACP upgradation is not the part of the pay scale of the post. The grade pays granted under the MACP upgradation also belong to the higher post or higher hierarchy. Every prudent person can say that any offset of MACP upgradation with the time scale is illegal as per the rule of the law as well as the principle of natural justice. 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. It is like the taking of birth by a child without marriage of the parents. The MACP upgradation was also not offset either vide the resolution of the government based on 6^th CPC recommendations or by MACPS notification itself.

4. No DPC is held for granting the time scale while the holding of DPC is necessary for the grant of MACP upgradation. Annual Confidential Reports/Annual Performance Assessment Reports are considered for the grant of MACP upgradation while these have no role for the grant of time scale. The whole procedure required for the grant of functional promotion is followed to grant MACP upgradation while no such procedure is required for the grant of the time scale.

5. It is further submitted that the MACPS is simply a Modified ACP Scheme. It is also worth to mention that no ACP upgradation was offset with the time scale under ACPS. If no ACP upgradation was offset with the time scale, it is totally unjustified to offset the MACP upgradation with the time scale because MACP upgradation is nothing but simply an ACP upgradation on account of being modified in r/o of the numbers and frequency. Two ACP upgradations have been modified to three MACP upgradations in r/o numbers. The frequency of 12 years in the case of ACP upgradations has been modified to 10 years in the case of MACP upgradations.

6. The ACP Scheme was modified to Modified ACP Scheme simply to grant more benefit to the government employees by the Central Government. The government never intended to put its employees at loss on account of the modifications in ACP Scheme at the time of modifying and renaming it to Modified ACP Scheme. Rather, it was modified to grant additional benefit to the employees. The time scale was also granted to the employees in addition to the MACP upgradations totally independent of Modified ACP Scheme to grant more additional benefit to them. Accordingly if three functional promotions are not available to the government employee within 30 years of service, the employees should get total four financial benefits on completion of 30 years of service after joining the job as Inspector of Central Excise-three as MACP upgradations and one as time scale on completion of 4 years of service after Ist promotion as Superintendent. But very unfortunately due to the unreasoned and unlawful clarifications issued by the authorities, the officers joining as Inspector of Central Excise and promoted to the post of the Superintendent of Central Excise are able to get merely total two financial benefits after 30 years or even more service which they were able to get under ACP Scheme within only 24 years.

7. As far as the State governments like Uttar Pradesh etc. are concerned, total four financial benefits are being granted to their employees within 26 years of service without any offsetting of MACP upgradation with the time scale. One may say that MACP Schemes adopted by the Central governments and State governments have no relation but this notion is not correct because both of the MACP Schemes have been originated from the same source, i.e., 6^th CPC.

8. In view of the above, it is requested that none of the MACP upgradations may kindly be offset with the time scale to grant the actual benefit to the officers for the sake of justice.

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

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. 109/OS/13 Dt. 17.05.13

REMINDER

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Undoing the offsetting of MACP upgradation with the time scale.

Madam,

Kindly refer to the following communications of the Association made to the various authorities-

i) Ref. No. 125/10 Dt. 20.10.10,

ii) Ref. No. 46/11 Dt. 27.04.11,

iii) Ref. No. 58/11 Dt. 06.05.11,

iv) Ref. No. 71/11 Dt. 20.05.11,

v) Ref. No. 91/11 Dt. 22.06.11,

vi) Ref. No. 102/11 Dt. 06.07.11,

vii) Ref. No. 165/11 Dt.13.09.11,

viii) Ref. No. 166/11 Dt.14.09.11,

ix) Ref. No. 167/11 Dt.14.09.11,

x) Ref. No. 71/OS/13 Dt. 29.04.13etc.

2. It is again submitted with due regards that one MACP upgradation has been offset with the time scale by the government authorities despite of the fact that the time scale and MACP/ACP upgradation are altogether different things. There exist no statutory provisions to offset the MACP upgradation with the time scale. There is no link or relation between the MACP upgradation and the time scale while the authorities have linked the MACP upgradation with the time scale. The different mechanism and procedure have been prescribed for each due to being no linkage or relation between them.

3. The grade pay under the time scale is merely a financial benefit attached to the pay scale of the concerned officer after the completion of 4 years of service. The MACP upgradation can noway 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 whereas the MACP upgradation is not the part of the pay scale of the post. The grade pays granted under the MACP upgradation belong to the higher post or higher hierarchy. Every prudent person can say that any offset of MACP upgradation with the time scale is illegal as per the rule of the law as well as the principle of natural justice. 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. It is like the taking of birth by the baby without marriage of the parents. The MACP upgradation was also not offset either vide the resolution of the government based on 6^th CPC recommendations or by MACPS notification itself.

4. No DPC is held for granting the time scale while the holding of DPC is must for the grant of the MACP upgradation. Annual Confidential Reports/Annual Performance Assessment Reports are considered for the grant of MACP upgradation while these have no role for the grant of time scale. The whole procedure required for the grant of functional promotion is followed to grant MACP upgradation while no such procedure is required for the grant of the time scale.

6. The ACP Scheme was modified to Modified ACP Scheme simply to grant more benefit to the government employees by the Central Government. The government never intended to put its employees at loss on account of the modifications in ACP Scheme at the time of modifying it. Rather, it was modified to grant additional benefit to the employees. The time scale was also granted to the employees as part of the pay scale in addition to the MACP upgradations totally independent of Modified ACP Scheme to grant more additional benefit to them. Accordingly if three functional promotions are not available to the government employee within 30 years of service, the employees should get total four financial benefits on completion of 30 years of service after joining the job as Inspector of Central Excise-three as MACP upgradations and one as time scale as part of the pay scale on completion of 4 years of service after Ist promotion as Superintendent. But very unfortunately due to the unreasoned and unlawful clarifications issued by the authorities, the officers joining as Inspector of Central Excise and promoted to the post of the Superintendent of Central Excise are able to get merely total two financial benefits after 30 years or even more service which they were able to get under ACP Scheme within only 24 years.

8. In view of the above, it is requested that none of the MACP upgradations may kindly be offset with the time scale to grant the actual benefit to the officers for the sake of justice.

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

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. 112/OS/13 Dt. 20.05.13

REMINDER

To,

Sh. Sumit Bose,

The Secretary, Department of Revenue,

North Block, New Delhi.

Sub: Undoing the offsetting of MACP upgradation with the time scale.

Sir,

Kindly refer to the following communications of the Association made to the various authorities-

i) Ref. No. 125/10 Dt. 20.10.10,

ii) Ref. No. 46/11 Dt. 27.04.11,

iii) Ref. No. 58/11 Dt. 06.05.11,

iv) Ref. No. 71/11 Dt. 20.05.11,

v) Ref. No. 91/11 Dt. 22.06.11,

vi) Ref. No. 102/11 Dt. 06.07.11,

vii) Ref. No. 165/11 Dt.13.09.11,

viii) Ref. No. 166/11 Dt.14.09.11,

ix) Ref. No. 167/11 Dt.14.09.11,

x) Ref. No. 71/OS/13 Dt. 29.04.13etc.

3. The grade pay under the time scale is merely a financial benefit attached to the pay scale of the concerned officer after the completion of 4 years of service. The MACP upgradation can noway 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 whereas the MACP upgradation is not the part of the pay scale of the post. The grade pays granted under the MACP upgradation belong to the higher post or higher hierarchy. Every prudent person can say that any offset of MACP upgradation with the time scale is illegal as per the rule of the law as well as the principle of natural justice. 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. It is like the taking of birth by the baby without marriage of the parents. The MACP upgradation was also not offset either vide the resolution of the government based on 6^th CPC recommendations or by MACPS notification itself.

6. The ACP Scheme was modified to Modified ACP Scheme simply to grant more benefit to the government employees by the Central Government. The government never intended to put its employees at loss on account of the modifications in ACP Scheme at the time of modifying it. Rather, it was modified to grant additional benefit to the employees. The time scale was also granted to the employees as part of the pay scale in addition to the MACP upgradations totally independent of Modified ACP Scheme to grant more additional benefit to them. Accordingly if three functional promotions are not available to the government employee within 30 years of service, the employees should get total four financial benefits on completion of 30 years of service after joining the job as Inspector of Central Excise-three as MACP upgradations and one as time scale as part of the pay scale on completion of 4 years of service after Ist promotion as Superintendent. But very unfortunately due to the unreasoned and unlawful clarifications issued by the authorities, the officers joining as Inspector of Central Excise and promoted to the post of the Superintendent of Central Excise are able to get merely total two financial benefits after 30 years or even more service which they were able to get under ACP Scheme within only 24 years.

8. In view of the above, it is requested that none of the MACP upgradations may kindly be offset with the time scale to grant the actual benefit to the officers for the sake of justice.

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

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. 113/OS/13 Dt. 20.05.13

REMINDER

To,

Sh. P. K. Mishra,

Secretary, DOPT,

North Block, New Delhi.

Sub: Undoing the offsetting of MACP upgradation with the time scale.

Sir,

Kindly refer to the following communications of the Association made to the various authorities-

i) Ref. No. 125/10 Dt. 20.10.10,

ii) Ref. No. 46/11 Dt. 27.04.11,

iii) Ref. No. 58/11 Dt. 06.05.11,

iv) Ref. No. 71/11 Dt. 20.05.11,

v) Ref. No. 91/11 Dt. 22.06.11,

vi) Ref. No. 102/11 Dt. 06.07.11,

vii) Ref. No. 165/11 Dt.13.09.11,

viii) Ref. No. 166/11 Dt.14.09.11,

ix) Ref. No. 167/11 Dt.14.09.11,

x) Ref. No. 71/OS/13 Dt. 29.04.13etc.

3. The grade pay under the time scale is merely a financial benefit attached to the pay scale of the concerned officer after the completion of 4 years of service. The MACP upgradation can noway 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 whereas the MACP upgradation is not the part of the pay scale of the post. The grade pays granted under the MACP upgradation belong to the higher post or higher hierarchy. Every prudent person can say that any offset of MACP upgradation with the time scale is illegal as per the rule of the law as well as the principle of natural justice. 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. It is like the taking of birth by the baby without marriage of the parents. The MACP upgradation was also not offset either vide the resolution of the government based on 6^th CPC recommendations or by MACPS notification itself.

6. The ACP Scheme was modified to Modified ACP Scheme simply to grant more benefit to the government employees by the Central Government. The government never intended to put its employees at loss on account of the modifications in ACP Scheme at the time of modifying it. Rather, it was modified to grant additional benefit to the employees. The time scale was also granted to the employees as part of the pay scale in addition to the MACP upgradations totally independent of Modified ACP Scheme to grant more additional benefit to them. Accordingly if three functional promotions are not available to the government employee within 30 years of service, the employees should get total four financial benefits on completion of 30 years of service after joining the job as Inspector of Central Excise-three as MACP upgradations and one as time scale as part of the pay scale on completion of 4 years of service after Ist promotion as Superintendent. But very unfortunately due to the unreasoned and unlawful clarifications issued by the authorities, the officers joining as Inspector of Central Excise and promoted to the post of the Superintendent of Central Excise are able to get merely total two financial benefits after 30 years or even more service which they were able to get under ACP Scheme within only 24 years.

8. In view of the above, it is requested that none of the MACP upgradations may kindly be offset with the time scale to grant the actual benefit to the officers for the sake of justice.

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

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. 114/OS/13 Dt. 20.05.13

REMINDER

To,

Ms. Praveen Mahajan,

The Chairperson, CBEC,

North Block, New Delhi.

Sub: Undoing the offsetting of MACP upgradation with the time scale.

Madam,

Kindly refer to the following communications of the Association made to the various authorities-

i) Ref. No. 125/10 Dt. 20.10.10,

ii) Ref. No. 46/11 Dt. 27.04.11,

iii) Ref. No. 58/11 Dt. 06.05.11,

iv) Ref. No. 71/11 Dt. 20.05.11,

v) Ref. No. 91/11 Dt. 22.06.11,

vi) Ref. No. 102/11 Dt. 06.07.11,

vii) Ref. No. 165/11 Dt.13.09.11,

viii) Ref. No. 166/11 Dt.14.09.11,

ix) Ref. No. 167/11 Dt.14.09.11,

x) Ref. No. 71/OS/13 Dt. 29.04.13etc.

3. The grade pay under the time scale is merely a financial benefit attached to the pay scale of the concerned officer after the completion of 4 years of service. The MACP upgradation can noway 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 whereas the MACP upgradation is not the part of the pay scale of the post. The grade pays granted under the MACP upgradation belong to the higher post or higher hierarchy. Every prudent person can say that any offset of MACP upgradation with the time scale is illegal as per the rule of the law as well as the principle of natural justice. 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. It is like the taking of birth by the baby without marriage of the parents. The MACP upgradation was also not offset either vide the resolution of the government based on 6^th CPC recommendations or by MACPS notification itself.

6. The ACP Scheme was modified to Modified ACP Scheme simply to grant more benefit to the government employees by the Central Government. The government never intended to put its employees at loss on account of the modifications in ACP Scheme at the time of modifying it. Rather, it was modified to grant additional benefit to the employees. The time scale was also granted to the employees as part of the pay scale in addition to the MACP upgradations totally independent of Modified ACP Scheme to grant more additional benefit to them. Accordingly if three functional promotions are not available to the government employee within 30 years of service, the employees should get total four financial benefits on completion of 30 years of service after joining the job as Inspector of Central Excise-three as MACP upgradations and one as time scale as part of the pay scale on completion of 4 years of service after Ist promotion as Superintendent. But very unfortunately due to the unreasoned and unlawful clarifications issued by the authorities, the officers joining as Inspector of Central Excise and promoted to the post of the Superintendent of Central Excise are able to get merely total two financial benefits after 30 years or even more service which they were able to get under ACP Scheme within only 24 years.

8. In view of the above, it is requested that none of the MACP upgradations may kindly be offset with the time scale to grant the actual benefit to the officers for the sake of justice.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Ref. No. 175/OS/13 Dt. 17.06.13

REMINDER

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: ACP/MACP clarification.

Madam,

Kindly refer to the Ref. No. 107/OS/13 Dt. 15.05.13 of the Association.

2. It is further submitted with due regards that no response has been received on the matter even after expiry of more than one month showing absolute non-seriousness of the concerned section while recovery from the salaries from our officers has already been started. No clarification has been issued particularly on the following points by the Board-

(c) If MACP upgradation is offset, what will the next upgradation will be called/counted-IInd or IIIrd? How the IIIrd MACP upgradation will be granted to the officers?

The officers falling under the categories (a) and (b) of para 2 above are not being granted the due benefits by the field formations.

3. Every prudent person knows 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. No MACP upgradation is being offset even by the State governments of Uttar Pradesh etc. One may say that MACP Schemes adopted by the Central governments and State governments have no relation but this notion is not correct because both of the MACP Schemes (for Central and State governments) have been originated from the same source, i.e., 6^th CPC. It is also worth to mention 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. As far as the para 8.1 of MACPS is concerned, it is nowhere (including MACPS notification as well as Govt. resolution) mentioned that the time scale/NFSG would offset one MACP upgradation. Para 8.1 merely says that the grade pays of 5400/- in PB2 and PB3 are separate grade pays for the purpose of MACP upgradation. However, it is nowhere mentioned which is higher one.

6. In view of the above, it is requested that a general clarification may kindly be issued to all field formations clarifying each and every doubt on MACPS to give justice to the officers at an early date without further delay as recovery from the salaries of the officers has already been started in the field formations. It is also requested that the field formations may be directed not to make any recovery until the issue is settled finally.

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)

Ref. No. 17/OS/13 Dt. 13.03.13

To,

The Chief Commissioner (DZ),

Central Excise, C. R. Bldg., New Delhi.

Sub: Offsetting of ACP upgradation with time scale.

Sir,

Kindly refer to the Establishment Order No. 53/2013 regarding MACP upgradation issued vide C. No. –II-34(09)CCU/MACP/2012/22358-383 Dt. 06.03.13 of your office. Your kind attention is also invited to the letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11 of CBEC.

2. It is submitted with due regards that the time scale has been offset with ACP upgradation under the above referred orders of your office and provisional recovery has been ordered in the cases of the officers getting both benefits, i.e., time scale and ACP upgradation during the period of 01.01.06 to 31.08.08. In this regard, it has very categorically been clarified under para 4 & 5 of the above referred letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11 of CBEC that ACP upgradation would not be offset with time scale. Accordingly, the officers getting the benefit of time scale and IInd ACP upgradation both will get a grade pay of Rs. 6600/- on IIIrd MACP upgradation.

3. In view of the above, it is requested that the ACP upgradation may kindly not be offset with time scale. Accordingly, all of the officers already getting the benefit of time scale as well as IInd ACP upgradation may kindly be granted a grade pay of Rs. 6600/- on IIIrd MACP upgradation without any recovery, provisional or permanent.

Thanking you,

Yours faithfully,

(RAVI MALIK),

General Secretary.

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

Mob. 09313885411 mail Id: ravimalik_sweet@yahoo.com Mob. 09868816290

Vice Presidents: Ravi Joshi (9811610727), Raj Kumar (9810825820), Balwan Singh (9650014423)

Joint Secretaries: Mangal Singh (9810590875), G.K. Anand (9990059852), Ghanshyam Sanwal (9810962083), Treasurer: Harsh Sood (9810111161)

(Affiliated to All India Association of Central Excise Gazetted Executive Officers)

Ref. No. 29/R/13 Dt. 15.05.13

To,

Sh. K. Srivastava, Chief Commissioner (DZ),

Central Excise, C. R. Bldg., New Delhi.

Sub: Recovery against ACP/MACP upgradation.

Sir,

With due regards, your kind attention is invited to the recovery being contemplated from the salaries of the officers in r/o the ACP/MACP upgradations in Delhi Zone. In this regard, the following submissions are made for your kind consideration.

2. 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. It is like the taking of birth by a child without marriage of the parents. Even otherwise, the MACP/ACP upgradation can noway 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 which also requires DPC. The grade pays granted under the ACP/MACP upgradation also belong to the higher post or higher hierarchy.

3. 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.

4. As far as the para 8.1 of MACPS is concerned, it is nowhere mentioned in it that the time scale would offset one MACP upgradation. Not only in para 8.1 but nowhere in MACPS notification it is mentioned that the time scale would offset any MACP upgradation. Para 8.1 merely says that the grade pays of 5400/- in PB2 and PB3 are separate grade pays for the purpose of MACP upgradation.

5. It is also well pertinent to mention that some of our officers are able to get a grade pay of 6600/- on completion of 30 years while others only 5400/- on completion of 30 years or even more under MACPS after joining the job in a grade pay of 4600/-. Whereas the officers are able to get a grade pay of 7600/- after 30 years at other places even after joining the job in a lower grade pay of 4200/- or same grade pay of 4600/-. It is also very disappointing & totally unjustified that our officers would get a grade pay of Rs. 5400/- now in 30 years or even later under MACPS while they were able to get it within 24 years under ACPS. Actually, all of the officers should get at least a grade pay of 7600/- after completion of 30 years as is being granted to their employees by the State governments even before the completion of 30 years. 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 source, i.e., 6^th CPC.

6. In view of the above submissions,

(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.

7. In view of the above, it is 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 Addi. Commissioner (P&V), Central Excise, Delhi-I.

(RAVI MALIK)

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

Mob. 09313885411 mail Id: ravimalik_sweet@yahoo.com Mob. 09868816290

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., 6^th CPC.

6. In view of the above,

(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)

CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS)

Saturday 13 July 2013

AIACEGEO- CORRESPONDENCES ON MACP ISSUES.

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