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);
AnuragChaudhary, Ravi Joshi (North); N. Raman, G. Srinath (South); B. K. Sinha,
AshwiniMajhi (East); Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand
Kishore, J. S. Aiyer (Central); R. K. Solanki, AshishVajpeyi (North); M.
Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East);
JasramMeena, M. K. Mishra (West) Office Secretary: C. S. Sharma Treasurer:
N. R. MandaLiaison Secretary: A.
S. KunduCoordinator 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. 118/SU/16 Dt. 13.07.16
To,
Sh. Najib Shah,
Chairman, CBEC,
North Block, New Delhi.
Sub: Stepping up of pay of seniors, if junior is getting
more pay on account of MACP/ACP upgradation.
Sir,
Your
kind attention is invited to the SLP No. 10261/2016 filed by the CBEC on the
above issue.
2. It is submitted with due regards that the above said
SLP has been dismissed by the Apex Court settling the issue on permanent basis
duly considering the merits of the case.
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
view of the above, it is requested
to give due benefit to all equally placed officers without forcing them to go
for legal recourse..
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Revenue Secretary, North Block, New Delhi.
2)
The DOPT Secretary, North Block, New Delhi.
(RAVI MALIK)