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
Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob. 09868816290
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. Iyer (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.
16/MACP/16
Dt. 04.02.16
Dr.
Jitendra Singh,
Minister
of State, Ministry of Personnel, Public Grievances & Pensions,
North
Block, New Delhi.
Sub: MACP upgradation in Promotional Hierarchy.
Sir,
Kindly refer to the earlier
request of the Association on the above subject.
2. Your kind attention is
re-invited to the written reply given by you in Parliament to a question by Sh. Kamlesh Paswan in Lok Sabha regarding
the subject matter. You said, “There have been instances where Tribunals and
High Courts have directed to grant benefits under Modified Assured Career
Progression (MACP) Scheme in the promotional hierarchy. However, in such cases,
the order of Court is specific to the applicant only.”
3. The
Hon'ble Supreme Court in the judgment dt. 17.10.14 in the Civil Appeal No. 9849
of 2014 in the matter of State of Uttar Pradesh & Ors Vs. Arvind Kumar
Srivastava & Ors has held as under:
“Normal rule is that when a
particular set of employees is given relief by the Court, all other identically
situated persons need to be treated alike by extending that benefit. Not doing so
would amount to discrimination and would be violative of Article 14 of the
Constitution of India. This principle needs to be applied in
service matters more emphatically as the service jurisprudence evolved by this
Court from time to time postulates that all similarly situated persons should
be treated similarly. Therefore, the normal rule would be that merely because
other similarly situated persons did not approach the Court earlier, they are
not to be treated differently.”
4. In spite of various such
decisions of Apex Court and various other courts already brought to the kind
knowledge of the administration, the benefit is not being extended to all other
similarly situated employees. If any matter on service issue/policy is
implemented based on the verdict given by the legal court, the Govt. is bound
to give its benefit to all similarly situated employees. No need to say that no
Govt. organization/department/ministry is above the courts and it seems
contemptuous, if the benefit of the court orders is not given to the similarly
situated employees.
5. Non-issuance of the orders for
general implementation benefitting to all equally placed officers will merely
force other concerned officers to go to the legal courts. It will not only
increase the unwarranted litigations but is also against the policy of the
govt. to minimize the litigations. It will incur unnecessary heavy expenditure
in terms of money, time and man power from both side.
6. 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 ordered by the Principal Bench of the Hon’ble Central
Administrative Tribunal in the OA No. 904/2012and864/2014.
7. The same verdict has been ordered 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 to its officers on the
issue despite of so many legal verdicts including by the Supreme Court. SLP No.
896/2015 of the govt. against W.P. No. 11535/14 has also been dismissed by the Hon’ble Supreme Court.
8. The offset of the MACP upgradation
with time scale 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.
9. 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.
10.
It is further submitted that more employees are
not required to be forced 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 benefit of all of the court orders relating to any
matter including subject-mentioned matter should kindly be granted to all
similarly situated employees without forcing them to go for legal recourse instead
of giving the benefit only to petitioner.
11. In view of the above, 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. It is, therefore, 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.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
General Secretary.
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
Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob. 09868816290
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. Iyer (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. 17/M/16
Dt. 04.02.16
REMINDER
To,
Sh. Najib Shah,
Chairman, CBEC,
North Block, New Delhi.
Sub: Meeting of Joint Action Committee-regarding.
Sir,
Kindly refer to the letter
F.No.12017/07/2015-Ad IVA Dt. 29.12.15 of CBEC on the above subject.
2. It is submitted with due
regards that the meeting with Joint Action Committee was proposed to be held in
2nd/3rd week of January, 2016 but the same is still
awaited. The Association or Joint Action Committee has received no communication
about the date of meeting even after the expiry of the month of January, 2016.
3. In view of the above, it
is requested to hold the meeting at an early date as more than six months have
already expired after the holding of the previous meeting. The meeting was,
actually, expected to be held maximum within three months of holding of the
previous meeting.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
General Secretary.
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
Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob. 09868816290
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. Iyer (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. 18/M/16
Dt. 04.02.16
To,
Ms. Vanaja N. Sarna,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Minutes of the Meeting held on
14.01.16.
Madam,
Kindly refer to letter Ref. No. 07/M/16
Dt. 13.01.16 and 11/M/16 Dt.
22.01.16 of the Association as well as the meeting held with the
Association under your kind Chair on
14.01.16.
2. It is submitted with due regards that three weeks
have already expired after the holding of the meeting but the minutes of the
same are still awaited. The Association is apprehensive about the seriousness
of the meeting particularly keeping in view the letter F.No.C.30013/6/2012-Ad
IVA-Vol.III Dt.14.01.16 of CBEC asking the concerned authorities to take action
against the officers participating in the Satyagraha.
3. The issuance of the above letter Dt. 14.01.16 by
the Ad. IVA section of the CBEC is noway justifiable/lawful particularly when
the Satyagraha programme of 17.01.16 was deferred on 13.01.16 itself on the
request of the administration. The issuance of such letters only remind the
English system when the poor Indians were threatened unnecessarily and unlawfully
by the English. The issuance of such letter was not at all required because
this merely weakens the bond of faith between the authorities and staffside. This
causes the apprehension in the minds of the staffside whether their own
administration is taking their cause seriously.
4. In view of the above, it is requested that the
grievances of the staffside may kindly be taken seriously giving honest
redressal to the same knowing very well that the staffside are always dependent
only on their own administration for every benefit. Accordingly, it is further
requested that the actual minutes of the meeting of 14.01.16 may kindly be
issued at an early date without any deviation from the discussions/decisions held
in the meeting and also without proving the meeting merely a formality.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
General Secretary.
Copy with the request for
necessary action to:
The Chairman, CBEC, North
Block, New Delhi.
(RAVI MALIK)
