ALL
INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Mob.7780255361 mail
Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob.9868816290
Vice
Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V.
Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N.
Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay
Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
(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. 172/AIB/G/17 Dt. 14.12.17
To,
The Secretary,
DOPT, North Block,
New Delhi.
Sub: Undoing of MACP irregularities.
Sir,
It
is submitted with due regards that the MACP Scheme envisages placement merely
in the immediate next Grade Pay in the hierarchy of the recommended revised Pay
Bands and Grade Pay. Not only it, one MACP upgradation has been off set with
the non-functional time scale granted to various categories of Group B gazetted
officers after completion of 4 years of service. Single grade pay of Rs. 5400/-
has also been bifurcated into two, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in
PB3 without the difference of a single rupee under para 8.1. Thus the ACP
scheme has been de-modified instead of being modified as anything is to be
modified to be beneficial instead of harmful. As a result, our officers are now getting the grade pay of Rs. 5400/-
in PB3 after 30 years of service under MACPS which they were able to get after
24 years of service under ACPS. Thus, the MACPS is totally unable to
fulfill the basic purpose of grant of the financial upgradations to counter
stagnation due to the lack of promotional avenues at least in the case of
Central Excise Superintendents/Inspectors.
2.
As far as the grant of MACP upgradation in promotional hierarchy is concerned, the Hon’ble
Supreme Court of India in SLP
No. 7467/2013 filed by the Government 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 MACP upgradation in the
promotional hierarchy. The Grade Pay of
Rs. 5400/ in PB2 being a new pay slab and not being existed in the promotional
hierarchy, the para 8.1 of the MACP instructions is automatically amounts to be
scrapped since its initiation based on the said verdict of the Apex court.
3. Para 8.1 has also
been duly discussed in the case of U.O.I. & Others versus Sri S. Balakrishnan & Ors. (WP 11535 /
2014 decided by the Hon’ble High Court of Madras on 16.10.2014). The
Hon’ble High Court decided that the
Grade Pay of Rs. 5400/- in PB-3 is not a higher Grade Pay than the Grade
Pay of Rs.5400/- in PB-2 and the immediate next higher Grade Pay to the Grade
Pay of Rs.5400/- is Rs.6600/-. The Hpn’ble High Court also held that this para has
been misinterpreted and the grant of Grade Pay of Rs.5400/- in PB-2 on
non-functional basis cannot be counted as Financial Up-gradation for the
purpose of the MACP upgradation. The SLP
No.15396/2015 filed by the UOI in the Hon’ble Supreme Court against the
judgement dated 16.10.2014 of the Hon’ble Madras High Court was dismissed by
the Apex Court on 31.08.2015. Thus, the judgement dated 16.10.2014 of the
Hon’ble Madras High Court has attained finality and our officers are entitled to the Grade Pay of Rs.6600/- on
MACP upgradation after time scale of Rs. 5400/-. In CSS too, the officers are
being granted MACP upgradation in a Grade Pay of Rs. 6600/- after getting time
scale of Rs. 5400/-.
4. As far as the
offsetting of the MACP upgradation with time scale is concerned, the time scale
can noway be linked with the MACP upgradation. The processes of the grant of
time scale and MACP upgradation have different mechanisms. Holding of
DPC is necessary for the grant MACP upgradation but it is not required for the
grant of time scale. It was also nowhere mentioned either in the Notification
of the Govt. dt. 29.08.08 or MACPS notification dt. 19-5-09 that the benefit of
MACP upgradation would be offset by the time scale. The offset of time scale with MACP
upgradation was also not recommended by the pay commission.
The
offset of the MACP upgradation with time scale is also liable to be scrapped since
its initiation as per the verdict given by the Hon’ble Supreme Court in the case
of Delhi Nurses Union (Regd.) Vs. U.O.I. dismissing
the Appeal of Union of India on 04.03.2013 in SLP(C) No. 010607/2013 filed against W. P. (C) 5146/2012. It is also reiterated that the time scale was introduced on 01.01.06
whereas the MACPS was introduced on 01.09.08. Thus, time scale can noway be
treated at par with MACP upgradation.
5. The source
of the MACPS being one and the same, i.e., common recommendations of the 6th CPC,
the State governments like Uttar Pradesh etc. have not offset the MACP
upgradation with the time scale. There also exist no same Grade Pays under any
Band Pay like para 8.1 of MACPS. They have also granted the IIIrd MACP
upgradation within 26 or less years to their employees without bifurcating the
single grade pay at any level. As a result, their officers are able to get
actually 4 financial upgradations (3 financial upgradations+1 time scale) as a
combined effect of time scale and MACP Scheme.
6.
Promotional hierarchy is also varying from department to department which is required
to be made uniform for all for the sake of justice and undo discrimination
& disparities. Somewhere Group ‘B’ Gazetted officers are promoted merely to
a post at Level-10 (CBEC, CBDT etc.) whereas they are being promoted to a post at
Level-11 (CSS, Rajyasabha Secretariat, MEA, DANICS, DANIPS, CSSS, CVC, AFHQ,
Railway Board, Foreign Services, Administrative services, Forest services,
Police services, DANICS, DANIPS, State services etc.) at other places. Like it,
somewhere Group ‘B’ Non-Gazetted Officers are promoted to a post at Level-10
(CBI, IB, Hindi wing of CBEC etc.) whereas they are being promoted to a post at
Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD etc.) at other places. Somewhere
Group ‘B’ Gazetted Officers are placed in Level-7 (CPWD etc.) whereas Level-8
(CBEC, CBDT etc.) and also Level-9 (Postal department, Audit & Accounts
services etc.) at other places. Somewhere
promotional hierarchy is Level-7àLevel-11àLevel-13, somewhere Level-7àLevel-8àLevel-11àLevel-12àLevel-13, somewhere Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13 and somewhere it is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13. Some Group ‘B’ Gazetted Officers have been
granted the time scale in PB2 and others in PB3. Due to varying promotional
hierarchies, some officers got a Grade Pay of Rs. 7600/- and some Rs. 6600/- on
IIIrd MACP upgradation. The worst
hit category is the Central Excise Superintendents who are now able to get only
a grade pay of Rs. 5400/- after 30 years or more service which they were able
to get only after 24 years of service under ACPS.
7.
The posts under the grade pays of Rs.
5400/- & 6600/- (Level-10 & 11) and also Rs. 7600/- & 8700/-
(Level-12 & 13) being functionally same, the ideal promotional hierarchy
for all after entry into Group ‘B’ seems only to be 4600 (L-7)à6600 (L-11)à8700 (L-13)à10000 (L-14). The officers should also be granted the
MACP upgradation under this ideal hierarchy of 4600à6600à8700à10000 after joining the job in a grade pay of Rs. 4600/- without
offsetting the MACP upgradation with the time scale and also without
bifurcating any grade pay. This will give justice to all without any discrimination or
disparity.
8.
Recently in the case of Union of India and Ors. Vs Balbir Singh Turn & Anr.
in Civil Appeal Diary No. 3744 OF 2016, the Hon’ble
Supreme Court has ruled that the MACPS is to be implemented since 01.01.06
instead of 01.09.08. Accordingly, our officers completing 20 years on or before
01.01.06 should be granted the Grade Pay of Rs. 6600/- on IInd MACP upgradation
on 01.01.06 ignoring time scale, the Grade Pay of Rs. 5400/- being kept only
for the purpose of time scale as in CSS. If such officers are granted the Grade
Pay of Rs. 5400/- as MACP upgradation without ignoring the time scale, their
juniors will get higher grade pay (pay level) than them. So, such officers should first be granted time scale and then MACP upgradation on same date, i.e., 01.01.06. Thus, our officers
after joining as Inspector should be granted Level-8 or equivalent on Ist MACP
upgradation, then time scale in Level-10 or equivalent, further Level-11 or
equivalent on IInd MACP upgradation and Level-12 or equivalent on IIIrd MACP
upgradation under the present scenario.
9.
As per the verdict given in SLP(C) No. CC 7278/11 by the Hon’ble Apex Court in Ashok Kumar
case, the pay of the senior officer is also to be step-up if his/her junior is
getting more pay on account of ACP/MACP upgradation.
10. In view
of the above, it is requested to give justice to all-
i) To grant
MACP upgradations under the uniform hierarchy of functional promotions.
ii) Not to offset the MACP upgradation with the time scale.
iii) Not to bifurcate any grade pay.
iv) To step-up
the pay of seniors, if juniors are getting more pay under ACPS/MACPS.
v) To make
promotional hierarchy uniform for all group ‘B’ officers across all
Ministries/Departments in Govt. of India as submitted in para 6 and 7 above.
vi) To
implement MACPS w.e.f. 01.01.06 uniformly for all ignoring the time scale as
submitted in para 8 above.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
