ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

The CBEC  originally proposed  for total sanction  strength of 4896 nos.for  AC/DC  posts(including the existing  sanctioned  strength) under the ongoing cadre restructuring  but subsequently  it  was reduced to  3600 by the earlier Finance Minister  and MOS  (DOPT ) jointly. However, it was   enhanced to  around 4600 again   by the current Finance Minister due to tremondous  pressre from AIACEGEO. The  meeting of COS is  going to be held on 27.08.13 but everybody in the corridors of power of CBEC is worried only about the stature of the group ‘A’ IRS officers paying the least heed to the stature of group ‘B’ Central Excise Executive Officers. In reality the present proposal of  restructuring  is  a one-point program of granting early promotions to all direct recruitee IRS officers and create more nos of HAG+ and Apex level posts for IRS cadre.  In the present CR, some of the IRS officers will get  two or three promotions in a sequence. Whereas the direct recruite Inspectors will get one promotion in their entire service careers. Inspectors & Superintendents  despite  their  honesty and dedication to duty, are being  suffered a lot during their  service career from the hands of  stubborn and egoistic IRS  officers without marching ahead to lowest rung of Gr-A posts. It is known to every one that these IRS officers are famous to harass their subordinates . The MOS( DOPT)  has agreed to Sh. Punia, the Chairman of SC Commission, to consider the proposal devising specific measures to address the problem of stagnation of the Central Excise Superintendents & Inspectors, if referred to DOPT.   Whereas Secretary DOPT inisited for consideration of sanctioned strentgh of  3600posts of AC/DC as cleaed by MOS(DOPT) and then FM jointly.The CENGO INDIA expects  that no compromise is made to the posts of AC/DC this time by the CBEC during the forthcoming CRC meeting to protect the stature & interests of the IRS officers. Alongwith, it is also expected that a proposal of parity with the best placed common entry counterparts (duly removing the regional disparity in promotions) would be mooted under consultation with the Association by the CBEC on the lines of parity being granted to group ‘A’ officers with their best placed counterparts. If the matter is not taken seriously, there is every possibility of the members being badly agitated who are already retiring with single promotion in the career in comparison to 5/6 promotions of their counterparts.  As far as the ongoing cadre restructuring is concerned, only 500 (300 AC+200 DC) additional posts of AC/DC have been proposed on permanent basis, the rest of the additional posts  being proposed on temporary basis.. As far as the permanent posts are concerned, it means that there would be no increase in the number of promotional posts meant for group ‘B’ Central Excise officers. Only 1% of these officers are able to enter junior group ‘A’ at the fag end of the career and the same will also continue (vis-a-vis increase of posts at lower executive levels) in future without any opportunity of reaching higher PB4 levels like other common entry counterparts as a result of ongoing cadre restructuring despite of the DOPT guidelines that the cadre restructuring should mean to mitigate the stagnation of the stagnated employees. This shows the mind set-up of our IRS authorities to keep our officers retiring after single promotion by not allowing them even to enter the junior group ‘A’ whereas these IRS authorities have proposed upto 9 promotions for themselves.  It is very unfortunate that our authorities are least interested in the career progression of group ‘B’ serving officers while every care is being taken for the stature of IRS officers who have even not taken birth. It is worth to mention that the DOPT Minister as well as the Chairman of SC Commission and the Member of Parliament Sh. Jafar Ali Naqvi alongwith other VIP’s have already shown their agony regarding the career progression of group ‘B’ Central Excise Executive officers but our own CBEC seems to be least concerned regarding this. After restructuring, the dirct recruitee IRS officers and Examiners/Appraisers will get  fast and premature promotions and the sense of responsibility will be eroded rapidly. All the IRS officers ae very  jubilant and no one is  bothered about work and output. The present RESTRUCTURING of the Income-tax Department is a wonderful episode. Much of the elite people are  wondering, as to how the top officers of the Department succeeded in making a fool of the Political Masters and IAS Secretaries in getting their approval and sanction for the restructuring. The ITGOA feels that they have been cheated by the top officers of the Department, and therefore they have already started agitation aginst the approval of present CR. In course of RESTRUCTURING of the Income-tax Department in 2001 The CBDT  had assured the Cabinet that in three years the revenue collection would be increased by six folds. They gave a ready formula that after restructuring, they would recover all the pending arrear demand, which was almost equal to the one year's collection; and that they would brought all the non-filers, which were about 30% of total assesses, on record, which would further yield revenue of about equal to one year's, and further, by computerization and more skilled techniques of investigation and information collection, they would increase budget multifold. That was the time of downsizing of the Government staff in every department. Senior officers prepared chart of staff, after restructuring, in such a way that the number of CCITs increased from 35 to 116, the CITs increased more than double. At other side the cadre of Group D staff was almost abolished and Group C staff substantially reduced. The overall number/strength of the department was reduced, which pleased the political bosses. Just before the final orders of the restructuring, the Chairman, CBDT, A. Balasubramanian was required to sign an MOU, Memorandum of Understanding with the Govt., regarding fulfillment of the undertaking of increasing the budget collection many folds. The Chairman was due to retire in next month on 31.07.2001. He knew well that he would be signing only a false MOU; therefore, he was reluctant to sign it. The pressure from field was mounting on him. The officers talked that the Chairman would retire next month, therefore no one would ask him for the collection after retirement. Therefore, he should immediately sign the MOU. Ultimately under pressure and realizing his non-accountability after retirement, he signed the MOU and opened the gates of restructuring for every employee of the Dept. The worst ever effected was the position of maintenance of records. New Charges, Ranges and Wards were created, the old ones deleted or merged. The old records of assesses' did not reach the new offices. Most of the old records relating to assessment as well as general establishment was weeded out and disposed off without keeping any details. The DCRs of arrear demand were got lost or the demands were not properly carried forward to new Wards. After restructuring audit studies were made to study the effect of restructuring on different areas of work. It was found that the average scrutiny disposal per Assessing Officer (AO) which was 82 in 1999-2000 was reduced to 38 in 2002-03 and 44 in 2003-04. As promised at the time of restructuring, the saving in salaries of Rs. 3.05 crore was never achieved, rather it increased heavily. For recovery of arrear demand the number of Tax Recovery Officers was increased from 204 to 472 but there was no reduction of the arrear demand. The number of average monthly disposal of appeals per CIT (A) which was 43 in 1999-2000, was reduced to 28 in 2003-04. Interest on refunds was expected to be reduced by Rs.350crore per year with reduction in time taken in issue of refunds. Neither the amount of interest paid nor the delay in payment of refunds decreased, as promised in proposal for restructuring. The delay in issue of refunds became the biggest cause of public grievance. Proposed revenue collection of Rs.6000crore from more and speedy disposal of assessments also could not be achieved. Rather the average disposal of scrutiny assessments was reduced substantially. Promised chain system of audit also did not work much and did not yield much result. After restructuring the role of the Jt./Addl. CITs was increased in the assessments. They were expected to monitor every case of assessment to be made by the AOs, so that by the involvement of senior officers the quality and productivity of scrutiny assessments could improve. But this scheme did not work. This became a scheme of money earning for most the Jt./Addl. CITs. In making assessments the signing authority was AO hence he was responsible for the assessment. On the other hand Jt./Addl. CITs being senior officers called every file along-with assessees and took heavy amounts from assessees and only thereafter issued verbal directions to the AOs. Ultimately, there was no quality improvement. On restructuring, by a single order of the CBDT on 23.6.2001, 375 Addl. CITs were promoted as CITs. On promotion the CITs were posted and transferred on new posts at different stations. First time in the history of Income-tax, most of the CITs joined their new assignments at new stations, telegraphically or by fax. From old stations and from the posts of Addl.CITs, they sent fax or telegrams at new station and assumed charge of CIT of new station. At new stations they submitted their TA bills at the rates application to CITs. They got their pay fixed from the date when they assumed charge by fax, without physically joining at new station. This was not allowable under any Rule of the Govt. of India. The additional charge of a post can be assumed or taken by fax from old station but on promotion, as per rules one can join duty only on physically going at new station. All of them as Addl.CITs were not entitled for air journey, but as they joined as CIT at old stations and got their pay fixed from that very date, they assumed the entitlement of air journey and performed journey by air and submitted their TA bills claiming air fare and higher rate of TA/DA, that of the CIT. There were audit objections by the ZAO in many cases in the matter, but none of these officers refunded the excess claims made. Rather being CITs they directed and threatened their staff not to take any action on the ZAO objections. Ultimately, all objections got lost in the files. On promotion to higher post, the responsibility is increased but on restructuring morale and official responsibility got deteriorated. TARSEM Chand Gupta is an IRS Officer - a Deputy Commissioner in the Income Tax Department. He has written a 400+ pages book entitled, Encounters with Corruption and Harassment in Income-tax of an IRS Officer. He says for his honesty and dedication to duty, he suffered a lot during his service career from the hands of corrupt, stubborn and egoistic officers. Due to honesty and non-compromising attitude his name was referred to the CBI in agreed list for intensive surveillance and inquiry, his integrity was written as doubtful, his Annual Confidential Reports were spoiled, he was transferred again and again and his promotion was withheld. He has narrated his experiences regarding rampant corruption in the Income-tax Department. For the greed of money and to satisfy their false ego, how the officers, shamelessly, at every level, act, behave and cause loss to the Exchequer and harass their subordinates and the public, alike. He thinks it his fundamental right as well as duty to bring the truth before the public at the earliest. He says that after having suffered so much he was ready to face any further adverse situation. “Let it come”, he says stoically.

In the last week of May, 2013 the Cabinet has approved new restructuring of the Income tax department. This restructuring has already  created chaos and this  will not  cultivate a sense of honesty, dedication to duty, responsibility and public service.

In the other hands much of the elite people are  wondering, as to how the top officers of the CBEC are unable to  succeed in making convince  the Political Masters and IAS Secretaries like CBDT  in getting their approval and sanction for the restructuring of CBEC to remove the stagnation existed in the subordinate cadres particularly in the cadres of Inspector and Superintendent. In the last CR only 586 nos.of Gr-A posts were sanctioned for CBEC where as  around 1400 nos.GR-A posts were sanctioned  for CBDT for  which one Inspector of Income Tax can easily get promotion up to the cadre of Commissioner , where as one Inspector of Central Excise can not join in lowest rung of Gr-A posts  in his service career due to less sanction of Gr-A posts for CBEC and faulty HR policy of CBEC.  Because of such faulty HR policy of CBEC,  ITGOA has stated recently  that CBEC is  Inspector oriented deprtment and CBDT is officer oriented department. Parity is the basic concept of the Constitution of India. Parity in promotion is required to be maintained along with the similar placed employees. CBEC has never adopted any policy to award promotion to the cadre of Inspector of Central Excise either at par with Inspector of Income Tax or at par with Examiner of Customs. The CBEC has also not adopted any policy for removal of regional disparity in promotion as existed within the cadre of Inspector of Central Excise. The Inspector raj has already been abolished hence like CBDT, CBEC should be officers oriented department. In the meeting of COS to be held on 27.08.13 it is requied to clear by them to   all the posts as approved by FM and it is required to implement the CR at one stage, other wise the level of stagnation as existed in the cadres of Inspector and Superintendent will be increased further. Hence  in a precaustionary messure, it is highly required to observe  the proposed  Satyagraha programme  on 04.09.13. Therefore  CENGO INDIA appeals to all the employees of Central Excise, Customs and Service Tax Department  to join in the agitation to be conducted on 04.09.13 by AIACEGEO and try to make it a grand success. The Satyagraha   may be continued  by

AIACEGEO in the form of gatherings before the residences of higher authorities, mass casual leaves, strike etc. after its revival on 04.09.13, if the concerned authorities show no seriousness to devise the measures for our officers to grant them parity with their common entry counterparts. In this connection a notice has

already been served to Chairperson of CBEC on 16.08.13 by SG , which  has alreadybeen posted in

CENGO INDIA blog post  for perusal of our members.

 

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MISC INFORMATION ON MACP.

Granting of Grade Pay hierarchy to UDC to the next promotional post of Assistants - Ministerial Staff Association...

Secretary General of Ministerial Staff Association writes a detailed letter to the Secretary of Department of Science and Technology regarding the discrepancies in implementation of MACP Scheme to the ministerial staff working in the department of Survey of India. 

Particularly the Upper Divisional Clerk (UDC) may be granted 4200 Grade Pay under the MACP Scheme to next promotional post of Assistant…

The detailed letter has been uploaded in the official blog of Ministerial Staff Association, for your ready reference we have reproduced and given below…

GRANT OF THE BENEFITS UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER MINISTERIAL STAFF OF SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL GRADE – REQUEST FOR.

MINISTERIAL STAFF ASSOCIATION 

SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN 

C/o NPG, Hathibarkala Estate, Dehradun-248 001

No.CHQ- 31 /MSA/2013

Dated 14 -8-2013

To 

The Secretary to the Government of India, 

Department of Science and Technology, 

(Ministry of Science and Technology) 

Technology Bhawan, New Mehrauli Road, New Delhi-110 016.

(Through the Surveyor General of India)

SUB: GRANT OF THE BENEFITS UNDER MACP TO UPPER DIVISION CLERK (UDC) AND OTHER MINISTERIAL STAFF OF SURVEY OF INDIA IN THE HIERARCHY OF THE PROMOTIONAL GRADE – REQUEST FOR.

Sir,

With due respect, I would like to submit the following few lines on the subject for favour of your kind consideration and necessary action:-

1) That the Ministerial Staff of Survey of India are recruited to the post of Lower Division Clerk (LDC) in the then pay scale of Rs.950-1500. The said pay scale was revised to Rs.3050-4590 w.e.f. 1-1-1996 in terms of the Fifth CPC. The said pre-revised pay scale was revised to Pay Band-1(Rs.5200-20200)+Grade Pay Rs.1900 w.e.f. 1-1-2006 in terms of the Sixth CPC.

2) That as per the provisions contained in the Recruitment Rules for the Ministerial Staff, the LDCs are eligible to be promoted to the post of UDC on completion of 8 years regular service by DPC (1s promotion). It is also provided in the said Rules that the LDCs can be promoted to the post of UDCs after completion of 3 years regular service subject to passing of the 25% the Limited Departmental Competitive Examination for promotion to the post of UDCs (1st Promotion). Accordingly, the LDCs are promoted to the post of UDCs by DPC/LDCE in the pay scale of Rs.4000-6000.

3) That it is also provided in the said Recruitment Rules of Ministerial Staff that UDCs in the pay scale of Rs.4000-6000 shall be eligible for promotion to the post of Assistants by DPC (2nd promotion) in the pay scale of pre-revised Rs.5000-8000 (previous pay scale Rs.1400- 2300) after 5 years service as UDC.

4) That it is also provided in the Recruitment Rules of Ministerial Staff that Assistants in the pay scale of Rs.5000-8000 shall be eligible for promotion to the post of Office Superintendent (Rs.5500-9000) by DPC (3rd promotion) after 3 years service as Assistant. But due to lack of appropriate promotional ratio, the incumbents are not granted promotion within the prescribed residency period and hence are stagnating in the same post. The Hierarchy Chart for the Ministerial Staff in Survey of India is annexed as Annexure-1 for your ready reference please.

5) That it is submitted that based on the recommendations of the Fifth CPC, Government of India introduced the Assured Career Progression Scheme (ACP Scheme) under DoP&T’s OM No.35034/3/97-Estt. (D) dated 9-8-1999. The main objective of the Scheme was to deal “with the problem of genuine stagnation and hardships faced by the employees due to lack of promotional avenues”. In said Scheme, it was provided for grant of two financial upgradations in the promotional hierarchy of the cadre on completion of 12 and 24 years of service respectively, counted from the direct recruitment grade. The said benefits under the ACP shall be applicable w.e.f. 9-8-1999.

6) That at the time of the introduction of the ACP Scheme, there was an acute stagnation in the LDC, UDC and other cadres in the Ministerial Staff. Accordingly, most of the LDCs were granted 1st ACP in the next hierarchical grade i.e. in the pay scale of Rs.4000-6000 w.e.f. 9-8-1999 or on completion of 12 years. A number of LDCs and UDCs were also granted 1st and 2nd ACP in the 1st and 2nd promotional grade i.e. in the pay scale of Rs.4000-6000 and Rs.5000-8000 (Pre-revised pay scale of Assistant) respectively w.e.f. 9-8-1999 or on completion of 24 years of service.

7) That the Govt. of India implemented the recommendations of the Sixth CPC under Ministry of Finance’s Notification No.F.No.1/1/2008-IC dated 29-8-2008 effecting from 1-1-2006 and accordingly LDC. UDC, Assistant, Office Superintendent and Establishment & Accounts Officers were placed in the pay structure furnished as under:-

Sl. No.	Name of post	Pay scale as per Fifth CPC	Minimum service for promotion to next grade	Pay scale as per Sixth CPC
1	LDC	Rs.3050-4590	8	Pay Band-1(Rs.5200-20200)+Grade Pay Rs.1900
2	UDC	Rs.4000-6000	10	Pay Band-1(Rs.5200-20200)+Grade Pay Rs.2400
3	Assistant	Rs.5000-8000	5	Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200
4	Office Superintendent	Rs.5500-9000	3	Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4200
5	Establishment & Accounts Officer	Rs.7550-11500	-	Pay Band-2(Rs.9300-34800)+Grade Pay Rs.4600

8) That the Govt. of India also issued orders regarding revised ACP Scheme i.e. Modified ACP (MACP in short) under DoP&T’s OM No.35034/3/2008-Estt. (D) dated 19-5-2009 for the Central Govt. Civilian Employees replacing the existing ACP Scheme with two financial upgradations in the hierarchy of the promotional grade on completion of 12 and 24 years of service counted from the direct entry grade to three financial upgradations on completion of 10, 20 and 30 years counted from the direct entry grade in the hierarchy of grade pay under MACP. As per the aforesaid orders, the benefit under the MACP is applicable from 1-9-2008.

9) That the Surveyor General’s Office has decided to grant MACP to the Ministerial staff keeping the pay structure of LDC as PB-1(Rs.5200-20200)+Grade Pay Rs.1900 in view as entry grade pay structure and contended to grant the First, Second and Third MACP in the pay structure of PB-1 (Rs.5200-20200)+Grade Pay Rs.2000, PB-1(Rs.5200-20200)+Grade Pay Rs.2400 and PB-1(Rs.5200-20200)+Grade Pay Rs.2800 after completion of 10, 20 and 30 years of service as LDC/UDC respectively. As such, the said decision is detrimental to the interest of the cadre and discriminatory in nature.

10) That the following table shows how the benefits under MACP Scheme is less advantageous because of the fact that the MACP is granted in the hierarchy of the successive grade pay than the erstwhile ACP Scheme to the Ministerial Staff which was granted in the promotional hierarchy. An extract of the same is furnished hereunder :-

Sl.No.	Entry Grade / Pay scale	1st Promotion / 1st ACP / Pay scale (12 Years)	2nd Promotion / 2nd ACP / Pay Scale (24 years)	-	Remarks
1.	LDC (Entry Grade) Rs.3050-4590 Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900	UDC Rs.4000-6000 Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400	Assistant Rs.5000-8000 (Revised PB-2(Rs.9300-34800)+ Grade Pay Rs.4200	-	Advantageous
1.	LDC (Entry Grade) Rs.3050-4590 Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.1900	1st MACP (10 Years) Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2000	2nd MACP (20 Years) Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2400	3rd MACP (30 Years) Revised PB-1 (Rs.5200-20200)+ Grade Pay Rs.2800	Less Advantageous

11)That it is found that the LDCs/UDCs who have completed 24 years service as on 31-8- 2008 (before the cut-off date of 1-9-2008), were have been granted the benefits of 2nd ACP in the pay scale of Rs.5000-8000. As such, these UDCs have been placed in the revised pay structure of PB-2 (Rs.9300-34800) + Grade Pay Rs.4200, the UDCs who have not got the 2 nd ACP prior to 31-8-2008 have been placed in PB-1(Rs.5200-20200)+Grade Pay Rs.2800 towards 2nd MACP and thus deprived of the said benefits without any justified reason. A tables showing the discrimination meted out to the incumbents in UDCs is furnished hereinunder :-

Sl. No.	Entry Grade / Pay scale Fifth CPC	1st Promotion / 1st ACP / Pay scale (12 Years) (Fifth CPC)	Replacement Pay structure by the Sixth CPC	2 nd Promotion / 2nd ACP / Pay Scale (24 years) (Fifth CPC)	Replacement Pay structure by the Sixth CPC
1.	LDC Rs.3050-4590	UDC Rs.4000-6000	UDC PB-1 (Rs.5200-20200) + Grade Pay Rs.2400	Assistant Rs.5000-8000	PB-2(Rs.9300-34800) + Grade Pay Rs.4200

12)That further,UDCs have been granted 2nd Financial upgradation under the MACP Scheme Surveyor General’s Office under No.C- 1553_/1902-MACP-Ministerial(II) dated 8.3.2011 in the pay structure of PB-1 (Rs.5200-20200)+Grade Pay of Rs.2800 instead of granting the same in the PB-2 (Rs.9300-34800) +Grade Pay Rs.4200 which the next promotional grade (Assistant) w.e.f. 1-9-2008 or on completion of 20 years service counted from the direct recruitment grade (Entry date).

13) That in the mean time, a point was raised in the National Council (JCM) for grant of MACP in the hierarchy of promotional grade instead of hierarchy of the grade pay. After thread bare discussion in the Joint Committee of the National Council (JCM), it was decided that the Cadre/Department may represent for grant of the MACP or ACP Scheme which shall be beneficial to the incumbents in that cadre. The decision, in this regard, was taken in the Second Meeting of the Joint Committee on MACP held under the Chairmanship of Joint Secretary (E), DoP&T on 15-9-2010. The same was circulated under GOI. DoP&T’s OM No.11/1/2010-JCA dated 6-10-2010. An extract from the decisions on item No.1 – Provide Grade Pay of the Next Promotional Post under MACP.

As item No.1, 3, 8, 9, 29 & 46 are similar, it was decided to club them together.

After detailed discussions on the issues, it was decided that Para 13 of MACPS shall be revised to the effect that Organizations / Cadres shall have the option to choose either the ACP Scheme or the MACP Scheme. Individual options, however, cannot be permitted.

14) That thereafter, the Third Meeting of the Joint Committee on MACP was held on 15-3-2011 and discussed the issue in the agenda item No.1,3,8,9 and 29 inter alia on Grant of Financial upgradation in the promotional hierarchy instead of Grade Pay hierarchy under MACP. An excerpt of the Minutes / decisions of the same circulated under DoP&T’s OM No.11/1/2010-JCA dated 20-4-2011 is furnished hereunder:-

“ The Staff side reiterated their demand that the financial upgradation under the MACP Scheme should be granted in the promotional hierarchy of posts instead of Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendation of the 5th CPC and , as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.
The Official Side stated that the 6th CPC recommended two financial upgradations in the Grade Pay hierarchy. However, the Government improved upon the recommendations of the 6th CPC and has implemented MACP Scheme with three financial upgradations in the Grade Pay hierarchy after 10, 20 and 30 years. Referring to earlier discussions held in the matter, the Official Side stated that the Government was willing to consider revision in para 13 of MACP Scheme to the effect that organizations/cadres shall have the option either to choose the ACP Scheme or the MACP Scheme. However, the Staff Side pointed out that such a dispensation will not be practical and hence there is a need to explore other alternatives to solve the issue. After discussion, it was agreed that there is no need to change basic structure of MACP Scheme. However, there is need to separately examine those cases where MACP Scheme is less advantageous than the ACP Scheme. Accordingly, it was decided that the Official Side will write to the Ministry of Railways, Defence, Urban Development, Home and the Department of Posts to forward the information in respect of the specific categories of employees where the MACPS is less advantageous than the erstwhile ACP Scheme. The Official Side also requested the Staff Side to collect and forward such information to the Department of Personnel and Training for further necessary action…”

15) That then, the point was again discussed in the Joint Committee on MACP held on 27-7- 2012. An extract of the Minutes of the said meeting on the agenda item No.1 Grant of MACP in the promotional hierarchy, is furnished hereunder:-

1. Grant of MACP in the promotional hierarchy.- “…. The Staff side stated that the employees who were in service prior to 1-1-2006 had the right to retain first two financial upgradations in the promotional hierarchy and the Government cannot alter the existing services conditions adversely. The Official side, however, sated that since MACPS is in supersession of earlier ACP Scheme, this cannot be agreed to. The Staff Side insisted that at least option be given to individual employees in this regard to facilitate him/ her to opt either ACP or MACP for availing benefit of financial upgradation. The Staff Side was insistent that either MACPS should be in promotional hierarchy or individual options should be given to the employees.
The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them.”

16) That thereafter, the further progress in the matter is not known.

17) That it is learnt that one employee named Raj Pal of CAT, Chandigarh designated as Photo copier, approached the Hon’ble CAT, Chandigarh Bench for grant of MACP in the hierachy in the anology of a similar post of Hindi Typist and filed OA No.1038/CH/2010 in the case of Raj Pal Vs.Union of India representaed by the Department of Personnel and Training and others. The Hon’ble CAT, Chandigarh in the order dated 31-5-2011 allowed the aforesaid OA and accordingly the said employee was granted MACP in the hierarchy of the promotional post of the comparable cadre i.e. Hindi Typist. Extracts of the aforesaid judgement of the Hon’ble CAT, Chandigarh is furnished as under:-

“13. It has been settled that the ACP would be granted on the completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typist, and not in the next higher scale in the recommended scales. The same principle would have to be applicable in regard to grant of MACP to the applicant. The only difference is that while in case of ACP two financial upgradations were granted on completion of 12 and 24 years of service, in case of MACP, three upgradations on the intervals of 10, 20 and 30 years of service.

15. Be that as it may, the principle enuniciated and settled by the Tribunal / High Court for grant of ACP cnnot be changed and the same principle would apply for grant of MACP to him. The only difference is of number of years is required to be completed. We find no justification to take a different view in the matter.

16. For the foregoing reasons, the impugned order dated 9-8-2010 (Annexure A-1) qua the applicant, fixing his pay in PB-1 with grade pay of Rs.2400/- under the second MACP, and the order dated 9-8-2010 (Annexure A-2) are hereby quashed and set aside. Consequently, the respondents are directed to grant second financial upgradation to the applicant under the MACPS from due date fix his pay in the hierarchy of posts decided in his case earlier and to pay the resultant arrears without interest within a period of 2 months from the date of receipt of a copy of this order….”

18) That thereafter, the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M). The Hon’ble High Court of Punjab and Haryana at Chandigarh, in the order dated 19-10-2011, dismissed the CWP and issued orders at page 5 and 6 of the same, which reads as under:-

“… An order adversely affecting an employee in terms of grant of financial upgradations had already been passed which entailed civil consequences and as such CAT has rightfully proceeded to adjudicate for the petitioners to the effect that the earlier scheme of ACP stood superseded by MACP Scheme is being noticed only to be rejected. The entire objective of introduction of ACP/MACP Scheme is to alleviate stagnation as regards an employee who has a number of regular years of service on the same post without any avenue of promotion. It is such circumstances that a financial incentive is sought to be granted to an employee upon completion of a certain number of years of service on the same post. Under the ACP Scheme of 1999, the financial upgradations were to be granted upon completion of 12 years and 24 years of regular service whereas under the MACP Scheme such financial upgradations are envisaged upon completion of 10, 20 or 30 years of service, the contention raised on behalf of the petitioners if accepted would defeat the very objective for which such Schemes have been introduced.”

“We find no infirmity in the order dated 31-05-2011 passed by CAT in OA No.1038/CH of 2010. The petition stands dismissed.”

19)That then the Union of India represented by the Secretary, Department of Personnel and Training and others approached the Hon’ble Supreme Court by way of filing SLP (SLP No.cc 7467/2013) challenging the order dated 19-10-2011 in CWP No.19387 of 2011 of the Hon’ble High Court of Punjab and Haryana at Chandigarh. The Hon’ble Supreme Court has dismissed the aforesaid SLP in the order dated 15-4-2013.

Photo copies of the aforesaid Court orders are enclosed herewith as Annexure-2 for favour of your kind perusal please.

20)That in the meant time, one Sanjay Kumar, UDC and 18 other UDCs of the Central Government under the Ministry of Defence who are in the pay structure of PB-1(Rs.5200- 20200)+Grade Pay Rs.2400 have approached the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 with the prayer for grant of 2nd MACP in the hierachy of promotional post i.e. Assistant in the PB-2 (Rs.9300-34800)+Grade Pay Rs.4200. The Hon’ble CAT, Principal Bench, New Delhi, in the order dated 26-11-2012, in the aforesaid OA relied upon the decision dated 19-10-2011 passed by the Hon’ble High Court of Punjab and Haryana at Chandigarh and in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010, allowed the OA and issued orders as under :-

“7. In our considered view, the present OA is squaely covered by the aforesaid judgement of Chandigarh Bench, as upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh.

8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. Of Personnel and Training, in the case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission. In the hierarchy, after the scale of UDC the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post in the hierarchy, namely,the Assistants carrying the pay scale of Rs.9300-34800 and the grade pay of Rs.4200.

9. In view of above position, the OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34800 with grade pay of Rs.4200 attached to the said promotional post of Assistant / OS from the due date to the applicant.

10. The aforesaid direction shall be complied with within the period of two months from the date of receipt of a copy of the order, subject to the other conditions mentioned in the MACP Scheme.” 

A photo copy of the aforesaid order dated 26-11-2012 issued by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 in case of Sanjay Kumar, UDC and 18 others is enclosed herewith as Annexure-3 for your ready reference please.

21) That the UDCs and other Ministerial Staff in Survey of India are similarly situated with the applicants of the aforesaid OAs in the matter of grant of MACP in the hierarchy of promotional post as such the MACP in case of UDCs and other Ministerial Staff may kindly be considered in the light of the spirit contained in the aforesaid judicial pronouncements which has attained its finality.

2. In view of the facts and circumstances submitted above, it is respectfully requested that necessary orders may kindly be issued to grant of the benefits of financial upgradations under MACP to LDC, UDC and Assistant etc. in their respective promotional hierarchy from their due date in the light of the decision passed by the Hon’ble CAT, Principal Bench, in the order dated 26- 11-2012 in OA No.904/2012 in case of Sanjay Kuamr, UDC and others Vs. Union of India and others read with the order dated 31-5-2010 passed by the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 the order dated 19-10-2011 upheld by the Hon’ble High Court of Punjab and Haryana at Chandigarh in CWP No.19387 of 2011 (O&M) (Union of India and others Vs. Raj Pal and another) and order dated 15-4-2013 passed by the Hon’ble Supreme Court in SLP No.cc- 7467/2013 in this regard, in which act of your kindness, I shall be ever grateful to you.

Thanking you,

Yours faithfully, 

( MANOJ KUMAR SHARMA )

SECRETARY GENERAL MINISTERIAL STAFF ASSOCIATION

Annexure-1

HIERARCHY CHART OF MINISTERIAL STAFF IN SURVEY OF INDIA

ESTABLISHMENT & ACCOUNTS OFFICER Gp.B-(GAZETTED) – 29 Pay scale Rs.2375-3500 (Fourth CPC) Pre-revised pay scale Rs. 7450-11500 (Fifth CPC) Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4600 (Sixth CPC) (4th Promotional Grade)

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OFFICE SUPERINTENDENT Gp.B-(NON-GAZETTED) – 69 Pay scale Rs.1640-2900 (Fourth CPC) Pre-revised pay scale Rs. 5500-9000 (Fifth CPC) Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4200 (Sixth CPC) (3RD Promotional Grade)

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ASSISTANT /HEAD CLERK Gp.B-(NON-GAZETTED) – 286 Pay scale Rs.1400-2300 (Fourth CPC) Pre-revised pay scale Rs. 5000-8000 (Fifth CPC) Revised PB-2(Rs.9300-34800)+Grade Pay of Rs.4200 (Sixth CPC) (2ND Promotional Grade)

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UPPER DIVISION CLERK (UDC) Gp.C-(NON-GAZETTED) – 545 Pay scale Rs.1200-2040 (Fourth CPC) Pre-revised pay scale Rs. 4000-6000 (Fifth CPC) Revised PB-1(Rs.5200-20200)+Grade Pay of Rs.2400 (Sixth CPC) (1st Promotional Grade)

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LOWER DIVISION CLERK (LDC) Gp.C-(NON-GAZETTED) – 235 Pay scale Rs.950-1500 (Fourth CPC) Pre-revised pay scale Rs. 3050-4590 (Fifth CPC) Revised PB-1(Rs.5200-20200)+Grade Pay of Rs.1900 (Sixth CPC) (Entry Grade)

MINISTERIAL STAFF ASSOCIATION

SURVEY OF INDIA, CENTRAL HEADQUARTERS : DEHRADUN

C/o NPG , Hathibarkala Estate, Dehradun-248 001

No.CHQ- /MSA/2013

Dated 16-8-2013

To

All Branch Secretaries.

Dear friends,

It is learnt about the contents of decision dated 26-11-2012 passed by the Hon’ble CAT, Principal Bench, New Delhi in OA No.904/2012 between Sanjay Kumar, UDC and 18 others Vs. Secretary, MOD and 2 others for grant of MACP in the hierarchy of the promotional post. On perusal of the same, it is found that the aforesaid judgement was relied upon the decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench in OA No.1038/CH/2010 in the case of Rajpal S/o Tilak Ram Vs. UOI and others issued orders for grant of MACP in the hierarchy of the promotional post. The Hon’ble High Court of Punjab and Haryana at Chandigarh in their order dated 19-10-2011 in CWP No.19387/ 2011 has upheld the aforesaid decision dated 31-5-2011 of the Hon’ble CAT, Chandigarh Bench. I have received the copies of the aforesaid CAT, Chandigarh and High Court orders along with order dated 15-4-2013 on SLP No.cc-7467/2013 passed by the Hon’ble Supreme Court of India and the gist of these Court decisions are furhished as under:-

Sl. No.	OA No./ CWP No.	Parties	Date of Order	Name of Court	Remarks
1	OA No.1038/CH/2010	Raj Pal s/o Tilak Ram, Photo Copier in CAT, Chandigarh.	31-5-2011	CAT, Chandigarh	OA is allowed for grant of MACP in the hierarchy of promotional post.
2	CWP No.19387 of 2011 (O&M)	Union of India represented by DoP&T and others Vs. Raj Pal and another.	19-10-2011	High Court of Punjab and Haryana at Chandigarh	Order dated 31-5-2011 of Hon’ble CAT, Chandigarh is upheld. CWP filed by Respondents dismissed.
3	SLP No.cc-7467 of 2013 against order dated 19-10-2011 of the Hon’ble High Court	Union of India represented by DoP&T and others Vs. Raj Pal and another.	15-4-2013	Supreme Court of India	SLP filed by the Union of India is dismissed.
4	OA No.904/2012	Sanjay Kumar, UDC and 18 others Vs. UOI represented by Ministry of Defence and others.	26-11-2012	CAT, Principal Bench, New Delhi.	OA is allowed for grant of MACP in next promotional post i.e. Assistant in PB-2+Grade Pay Rs.4200.

2. Accordingly, model draft representation addressing to the SG which was prepared by Com. P.K. Das, Secretary, Bhubaneshwar Branch & Dy.Secy General(CHQs) should be submitted by the UDCs preferably who are having 10 years of service as UDC or total 20 years service as LDC and UDC for consideration and grant of MACP in hierarchy of the promotional post i.e. pay structure of Assistant. In case of UDC having lesser service, they may also submit the representation with modifications. You are requested to arrange in submitting the same to the authorities through proper channel and intimate the same to me for information and further action.

3. In this connection you are also requested to kindly visit our website to know the content of my letter written to DST in the matter for your information.

4. In the mean time, we have discussed the matter with Com. S.K. Vyas, Member National Council (JCM) and Member of the Joint Committee on MACP and requested him to take up the issue with DoP&T / in next meeting of Joint Committee on MACP which is likely to be held during September, 2013.

Thanking you,

Yours sincerely,

(MANOJ KUMAR SHARMA)

Secretary General.