ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for communication:
Secretary General:
R.
Chandramouli 240, Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: P. Parwani, L. L.
Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath
(South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J. D. Patil (West) Joint
Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, Ashish
Vajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S.
Bhattachariya (East); Jasram Meena, M. K. Mishra (West) Office Secretary: C.
S. Sharma
Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan
Kumar
(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. 78/MACP/15
Dt. 24.06.15
REMINDER
To,
Sh. K.
Srivastava,
Chairman,
CBEC,
North
Block, New Delhi.
Sub:
Grant of MACP upgradation in promotional hierarchy.
Sir,
Kindly refer to the various earlier communications of
the Association on the subject.
2. It is again submitted with due regards that the
Hon’ble Supreme Court vide order in SLP No. 7467/2013 filed by the Govt.
against the judgement of the Hon’ble High Court of Chandigarh in CWP No.
19387/2011 has already confirmed the order dated 31.05.2011 of Chandigarh
CAT for grant of financial upgradation in the promotional hierarchy under
MACPS. The same verdict has also been given by the
Principal Bench of the Hon’ble Central Administrative Tribunal in the OA No. 904/2012
and 864/2014.
2.
The same verdict has been given by Madras High Court in W.P. No. 11535/14 and
M.P. No. 1/14 on 16.10.14 undoing para 8.1 of MACPS. But no relief is being
given by the government/CBEC to its officers on the issue despite of so many legal
verdicts including by the Supreme Court.
3. Para 8.1 of
MACPS and offset of the MACP upgradation with time scale are not in consonance
of the legal verdicts and are liable to be scrapped since very initiation. The
offset of the MACP upgradation is also liable to be scrapped as per the verdict
given by Supreme Court in the case of Delhi Nurses
Union (Regd.) Vs. U.O.I. and also by
Ernakulam CAT in the case of Sh. N. K. Gopinatham Vs. U.O.I.
4. The Principal
Bench of the Hon’ble Central Administrative Tribunal (CAT), New Delhi has also
directed to implement the judgement of the Hon’ble Punjab & Haryana High
Court in Union of India & others vs. Raj Pal & another (CWP
No.19387/2011) vide its order dt. 15.09.14 in OA No.2553/2013.
5. In view of the
above, it is again requested that the said para 8.1 of MACPS instructions may
kindly be scrapped and the financial upgradations under the MACP scheme may be
granted in accordance of the promotional hierarchy without offsetting the MACP
upgradation with the time scale. Thus, the officers already getting the grade
pay of Rs. 5400/- as time scale should be granted a grade pay of Rs. 6600/- on
next MACP upgradation without offsetting with the time scale. No need to submit
that the matter is not required to be referred to the DOPT/any nodal department because no department is above
the judiciary. More employees are also not required to approach any legal court
to get the due benefit as per the principle of res-judicata and also various
legal verdicts based on this principle. The CBEC may kindly issue the due
circular based on the above judgements on its own to grant the benefit to its
employees taking the matter seriously.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for communication:
Secretary General:
R.
Chandramouli 240, Razapur, Ghaziabad-201001
(U.P.)
Ravi Malik
Vice Presidents: P. Parwani, L. L.
Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath
(South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J. D. Patil (West) Joint
Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, Ashish
Vajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S.
Bhattachariya (East); Jasram Meena, M. K. Mishra (West) Office Secretary: C.
S. Sharma
Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan
Kumar
(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. 79/W/15
Dt. 24.06.15
REMINDER
To,
Sh. K.
Srivastava,
Chairman,
CBEC,
North
Block, New Delhi.
Subject:
Option for purchase of weapon issued on loan basis.
Sir,
Kindly refer to the meeting of the
Association held on 15.03.12 with administration under employee grievance
redressal mechanism and various representations submitted by the Association on
the issue. The subject-mentioned point was duly agreed in the meeting but no
action has been taken till date.
2. It is submitted with due
regards that the scheme to sell the weapons to the departmental officers by the
CBEC was started initially without any condition of returning the same on
retirement. Later on, it was changed to ‘loan basis’ with the condition of
return of weapon to the CBEC on retirement while the politicians were
privileged to purchase the same on nominal price. Our officers are being asked
to return the same on retirement whereas the politicians were privileged to
purchase even another one after every 3 years. Presently, many of the
departmental officers are in possession of fire arm on loan basis issued by the
department out of seized & confiscated weapons. These officers are supposed
to surrender their weapon on retirement. It is reiterated that the departmental
officers, however, were authorized to purchase these weapons at the start of
the scheme without any condition of return.
3. It is further submitted that-
i) Many of officers are on the
verge of retirement who were issued the weapon for self defence.
ii) Earlier the department used
to sell these fire arms to the departmental officers as well as the some other
categories of the citizens.
iii) The scheme of selling the
weapons to the departmental officers has been withdrawn while others are still
entitled to purchase the same from the department. Not only it, others can
purchase another weapon/s on some specified frequency after purchase of earlier
weapon/s.
iv) It appears to be gross
injustice to the departmental officers that they are deprived of the facility
to purchase the weapon from their own department despite of being instrumental
to seize & confiscate not only the weapons but also the gold, foreign
currency and other prohibited/restricted goods. They have always to face white
collar criminals, chronic economic offenders, hardcore smugglers, drug
traffickers & other criminals during the disposal of their duties. Despite
of this all, the other categories of citizens still have the facility to
purchase these weapons while ours not.
v) The threat perception to the
life of the departmental officers is increased multifold from the side of the
economic offenders and hardcore smugglers etc. after the retirement due to
vanishing of the departmental safety shield as compared during service.
3. In view of the above, it is
requested that-
i) the necessary steps may kindly
be taken to reinstate the initial scheme of selling the weapons to departmental
officers and
ii) the officers intending to hold
the loaned weapon with them after retirement for self-defence may also kindly
be allowed to do so after charging the price of the weapon from them at par
with the officers who were allowed to purchase the same on permanent basis in
the past.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for communication:
Secretary General:
R.
Chandramouli 240, Razapur, Ghaziabad-201001
(U.P.)
Ravi Malik
Vice Presidents: P. Parwani, L. L.
Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath
(South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J. D. Patil (West) Joint
Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, Ashish
Vajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S.
Bhattachariya (East); Jasram Meena, M. K. Mishra (West) Office Secretary: C.
S. Sharma
Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan
Kumar
(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. 80/TS/15
Dt. 24.06.15
REMINDER
To,
Sh. K.
Srivastava,
Chairman,
CBEC,
North
Block, New Delhi.
Sub: Grant of grade
pay of Rs. 5400/- in the light of judgement of Hon’ble High Court of Madras in
WP No. 13225/2010 to the officers completing 4 years of regular service in pay
scale/grade pay of Superintendent under ACP Scheme as Inspector of Central
Excise.
Madam,
Kindly
refer to judgment dated 06.09.10 passed by the Hon’ble High Court of Madras in WP No.13225/2010 in the case of Sh. M. Subramaniam and
earlier communications of the Association on the issue.
In the aforesaid judgement, the Hon’ble Court has granted the benefit of grade
pay of Rs. 5400/-
in PB 2 to the Inspector who has completed the regular service of 4 years in
the pay scale/grade pay of Superintendent on account of ACP upgradation. Now,
the matter is pending with the Hon’ble Supreme Court without any stay order
against the implementation of the judgement of the Madras High court.
2.
It is submitted with due regards that the CBEC vide letter No.
A-23011/05/2009-AdIIA Dt. 08.11.13 ordered to implement the aforesaid order of the Madras High court for Shri M. Subramaniam only instead of granting the benefit to
all of similarly placed officers.
3. As
per the law of service jurisprudence and various verdicts given by the various
Courts including the Hon’ble Supreme Court, similarly situated persons should
be treated similarly. Only because one person has approached the Court doesn’t
mean that persons similarly situated should be treated differently. Thus, the
entire class of the similarly situated employees is required to be given the
benefit of the decision whether or not they were parties to the original writ.
This principle has also been upheld by the Hon’ble Supreme Court in numerous
judgments.
4.
In view of the above, it is requested that the benefit of
the Madras High court judgement may kindly be granted to all of the officers
completing 4 years of regular service in the pay scale/grade pay of
Superintendent. The precedent of the Department of Posts under the same Govt.
of India has already been communicated to the administration vide the Ref. No. 53/SU/14 Dt. 10.03.14 of the
Association where the officers have been granted the benefit on the basis of
High Court judgement despite of the matter being pending in the Hon’ble Supreme
Court vide letter No.33(3)/10/PA-Admn.I/1481 Dt. 04.03.14 of the
Department of Posts subject to the final verdict to be given by the Hon’ble
Apex Court.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
