Wednesday, 17 January 2018
Meeting under Chair of Member (Admn) on anomalies in r/o 7th pay commission
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 18/AIB/P/18 Dt. 17.01.18
Shri S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Meeting with officials of recognized Associations/Federations under CBEC.
Kindly refer to the Meeting Notice issued vide F.No.A-26017/154/2015-Ad.IIA Dt. 04.01.18.
2. With due regards, it is to submit that a clear anomaly has been created by placing the Inspector of CBI in the scale of Central Excise Superintendent based on the 7th CPC report recording factual position wrongly that the CBI Inspector was working in a higher pay scale than the Central Excise Inspector prior to the formation of 7th CPC. This recording made by 7th CPC is totally incorrect, the actual position being that the CBI Inspector and Central Excise Inspector were working in the same pay scale prior to the publication of 7th CPC report. The CBI Inspector and Central Excise/CGST Inspector are the feeder cadres for the post of DSP of CBI and Central Excise/CGST Superintendent respectively. No need to say that the anomaly is automatically created in r/o promotional posts (Central Excise/CGST Superintendent and DSP of CBI, both analogous posts) too, if it has been created in r/o feeder posts (CBI Inspector and Central Excise Inspector, both analogous posts). By placing the Inspector of CBI in the pay scale of Central Excise/CGST Superintendent, horizontal as well as vertical relativity has been disturbed.
3. Not only the above anomaly, one more anomaly has been created which is between the post of Central Excise/CGST Superintendent and Superintendent of Posts. Both were working under the same pay scale before the implementation of the 7th CPC report and both were also entitled for the same time scale after 4 years of service under the GP of Rs. 5400/- in PB2. But the Superintendent of Posts has been placed under the initial pay scale equivalent to GP of Rs. 5400/- in PB2 (Level-9) whereas there is no change in the pay scale of Central Excise/CGST Superintendent despite of the duly recommending/forwarding of the representation of the Association to the 7th CPC by the CBEC asking an initial pay scale equivalent to GP of Rs. 5400/- in PB3 for our Superintendents. The Central Excise/CGST Superintendent has merely been placed in a pay scale of Level-8 (GP Rs. 4800/- in PB2) and CBI Inspector has also been placed in the same pay scale. The following demands alongwith others of the Association were recommended/forwarded to the CPC by the CBEC-
i) Pay scale for Central Excise Superintendent equivalent to GP of Rs. 5400/- in PB3 at par with DSP of CBI.
ii) Minimum five functional promotions.
iii) Direct promotion of Superintendent to STS post.
iv) Uniform promotional hierarchy across all departments/ministries.
vi) Introduction of flexible/dynamic promotion/complementing scheme for our officers.
vii) Batch to batch non functional financial upgradation (NFU) to Central Excise Executive officers at par with the best placed counterparts after entry into group ‘B’ non-gazetted or equivalent grade.
viii) Merger of GP of Rs. 5400/- in PB2 and PB3.
ix) Time Scale (after 4 years of service) in PB3 instead of PB2.
x) One month additional pay in the year & 25% extra salary per month.
xi) Special duty allowance etc.
4. VIth CPC under para 7.14.25 recommended to maintain parity between Chief Enforcement Officer and Central Excise Superintendent etc. which has also not been implemented till date. The competent authority in Expenditure, however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise Superintendents on 21.11.14 considering para 7.15.24 of the report of VIth CPC but the lower authorities in Expenditure asked finally vide UO No. 6/37/98-IC Dt. 24.11.14 (Copy of relevant note-sheet enclosed as Annexure-I) to send the case to 7th CPC despite of the approval by the competent authority but it was not sent to the 7th CPC because of already being a recommended case by VIth CPC. It is really disappointing that the matter duly recommended by the VIth CPC was again been asked by these lower authorities to be sent to 7th CPC. Therefore, the discrimination may kindly be undone by implementing the para 7.15.24 of 6th CPC report in accordance of approval of 21.11.14 by Expenditure. The pay scale of Chief Enforcement Officer under the department of Revenue itself was also enhanced without recommendations of CPC and they are being paid 25% extra salary per month also without the recommendations of CPC.
5. Despite of the admission by Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt. 08.12.08 (Copy enclosed as Annexure-II) that the pay scale of Central Excise Superintendent was enhanced on 21.04.04 to grant them parity with DSP of CBI/DCIO of IB (analogous counterparts of Central Excise Superintendent), Central Excise Superintendent was not given the said parity and was granted merely a lower pay scale of Rs. 7500-12000/- w.e.f. 21.04.04 instead of Rs. 8000-13500/- or equivalent (pay scale of DSP of CBI/DCIO of IB). The CPC was unable to place this fact on record, whereas factual position was recorded wrongly in the case of CBI Inspector as mentioned above.
6. The CBEC has also recommended many of above demands (mentioned under para 3 above) including the grant of a Grade Pay of Rs. 5400/- in PB3 (Level-10) for the Central Excise Superintendents at par with the DSP of CBI vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 (Copy enclosed as Annexure-III) to the concerned authority after the issuance of the 7th CPC report. But the matter is yet to reach the finality.
7. New higher responsibilities of judicial nature were conferred upon Central Excise Superintendents vide Circular No. 922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10. Their responsibilities have again been increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide Circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC. No need to say that increased/higher responsibilities are always directly linked with the increased/higher pay scales. But very unfortunately, there is no increase in the pay scale of Central Excise Superintendents despite of the responsibilities of these officers being on regular increase.
8. Central Excise/CGST Superintendents have also been conferred with new higher technical/scientific responsibilities of ACES since 2010 and now GSTN under GST. The claim of these officers becomes even stronger on account of recording statements like a Magistrate under Section 14 of Central Excise Act & Section 108 of Customs Act having validity even before the Apex Court. Not only it, the Adjudication Orders are also being prepared by them for Commissioner level officers. No such responsibilities have been conferred upon any counterpart of them including CBI. They are also being conferred with the new additional responsibilities every year in the Finance Bill (Budget). No need to say that Central Excise/CGST Superintendents also have to play a very important role by bearing very important responsibilities under GST too.
9. Govt. enhanced the pay scale of DSP of CBI without recommendations of CPC and also without any increase in their responsibilities considering them as Police Organisation. However, Hon’ble CAT of Jabalpur in order in r/o OA No. 45/2000 didn’t consider them as Police Organisation, whereas Special Police Establishment (Executive Staff) Recruitment Rules and CBI Recruitment Rules, 1987 consider department of Central Excise as a Police Organisation. Section 21 of Central Excise Act and Section 53 of NDPS Act also confer powers of Officer-in-Charge of Police Station on Central Excise officers.
10. Till 07.02.96, the pay scale of both posts (Central Excise Superintendent and DSP of CBI) was same, i.e., Rs. 2000-3500/-. Govt. of India vide OM No. 245/23/95 – AVD-II Dt. 08.02.96 of DOPT enhanced the pay scale of DSP of CBI to Rs. 2200-4000/- retrospectively w.e.f. 01.01.86 without any increase in their responsibilities and also without recommendations of CPC. Thus, it is gross injustice not to bring the Central Excise Superintendent at least at par with the DSP of CBI in the matter of pay scale particularly when the Govt. (Department of Expenditure) also admitted that the pay scale of Central Excise Superintendent was enhanced to Rs. 7500-12000/- to grant them parity with the DSP of CBI/DCIO of IB. It is also worth to submit that the DSP of CBI etc. are also being paid 25% per month extra salary and also 13 months salary in the year, the same may also kindly be given to the Central Excise/CGST Superintendents and Inspectors.
11. The Central Excise personnel are also deployed on International Airports, International Sea Ports and International borders side by side with IB, CBI, Army, BSF, CRPF and ITBP etc. These personnel have suffered heavy casualties while dealing with trans-border criminals and countering with the dreaded smugglers. Also as per the OM issued vide F. No. 8/B/90/HRD (HRM)/2011 (Part-I)/4853 Dt. 21.10.14 and No.C.30013/11/2011-Ad.IV.A Dt.02.08.13 of CBEC/the Govt. of India, the Central Excise Superintendents perform their duties in the nature and style of ‘Military’ and ‘Navy’ being uniformed officers bearing “Ashoka Emblem”. Thus, Central Excise/CGST Superintendents are required to be placed under a pay scale even higher than the DSP of CBI on the lines of Military and Navy.
12. The plea of Central Excise Superintendents for the grant of GP of Rs. 5400/- in PB3 has been turned down stating that it is the group ‘A’ entry scale belonging to the promotional post. That being the case, the feeder post of Assistant and promotional post of Section Officer were placed in the same pay scale in CSS once upon a time just before the implementation of 6th CPC report. Likewise, feeder and promotional posts were being placed in the same pay scale in Audit and Accounts services. Also Group ‘B’ officers in the State Governments and Group ‘A’ All India Service Officers are recruited in the same grade pay of Rs. 5400/- in PB3 and get next promotion to the same post in grade pay of Rs. 6600/-. Further, it is also a fact that the pay of any Assistant Commissioner (direct) will always be less than a Superintendent on account of acute stagnation at Inspector and Superintendent levels. Accordingly, there should not be any problem to place the Central Excise Superintendent in the Grade Pay of Rs. 5400/- in PB3 (Level 10). This problem may, however, also be solved by promoting the Superintendent directly to STS (Level 11) post like most of the other counterparts or even making the group ‘A’ entry into Grade Pay of Rs. 6600/- (Level 11).
13. Grant of the pay scale at par with the analogous counterparts of CBI to Group ‘B’ gazetted executive officers in CBEC including the Central Excise/CGST Superintendents, Customs Superintendents and Customs Appraisers will involve a negligible financial implication merely to the tune of around Rs. 18 crore particularly when they are earning the revenue always above the set targets regularly every year. They have collected the revenue to the tune of Rs. 8,86,000 crore for the year 2016-17 which is very well above the set target.
14. It is also worth to submit that only a negligible amount of merely around 80 paise is being incurred to collect Rs. 100/- by these officers despite of being faced the worst pay packages and also the worst career prospects. No need to say that the revenue collection and efficiency in the indirect tax administration would increase multifold, if these officers are made job-satisfied regarding their pay matters and career prospects.
15. Intelligence and investigation is integral part of the work responsibilities of Central Excise Superintendents like DSP of CBI. Central Excise Superintendents are performing rather more expert responsibilities than DSP of CBI, that's why they (and also Central Excise Inspectors) are allowed to go to CBI on deputation as DSP of CBI or above but DSP of CBI (or any cadre of CBI) is not allowed to come to Central Excise/CGST/Customs on deputation.
16. In view of the above, it is requested to-
(i) Place the Central Excise/CGST Superintendents at least under a pay scale equivalent to Level-10 alongwith other perks & allowances etc. w.e.f. the date of the grant of the same to the DSP of CBI and also to grant them all reliefs as mentioned under para 3 above.
(ii) Implement para 7.15.24 of VIth CPC report. This will at least remove the anomaly between the pay scale of Central Excise/CGST Superintendent and Superintendent of Posts automatically.
(iii) Issue being related to pay commission, implement NFU (Copy of relevant note-sheet enclosed as Annexure-IV) and Flexible Complementary/Dynamic Assured Career Progression Scheme as enclosed as Ref. No. 19/AIB/P/18 Dt. 17.01.18 (A-1) & Ref. No. 20/AIB/P/18 Dt. 17.01.18 (A-2).
(iv) Issue being related to pay commission, undo the MACP irregularities as enclosed as Ref. No. 21/AIB/P/18 Dt. 17.01.18 (A-3).
Encls: (1) Annexure-I to IV.
(2) A-1 and A-3.
Copy with the request for necessary action to:
(1) The Chairperson, CBEC, North Block, New Delhi.
(2) The Finance Secretary, North Block, New Delhi.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 19/AIB/P/18 Dt. 17.01.18
Shri S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Batch to batch Non Functional Financial Upgradation (NFU) to our officers to grant financial parity with the best placed counterparts of CSS etc.
With due regards, it is to submit that Central Excise/CGST Superintendents are retiring with single promotion on a PB2 post in a career of 35-40 years whereas their common entry counterparts of Customs, CBDT, CSS etc. are easily being promoted to PB4 (Level-13 & above) levels with 5-6 promotions. Central Excise Superintendents are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & same cadre of Inspector and recruited through one & same process under one & same organization of CBEC in one & same department of Revenue of one & same Ministry of Finance with one & same administrative hierarchy. Examiner of 1984 has already become Addl. Commissioner (GP-Rs. 8700/- in PB4/Level-13) years ago after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (GP-Rs. 5400/- in PB3/Level-10). The counterparts of CSS including Rajya Sabha Secretariat and CBDT are already reaching the level of Joint Secretary and Commissioner respectively in the GP of Rs. 10000/- in PB4 (Level-14). We have nothing against these counterparts and wish them to get even more promotions but also request for same benefit for us. We may kindly be granted at least financial parity with them as the Central Excise/CGST Superintendents are getting salary even less than the pension of above counterparts.
2. All organised group ‘A’ officers recruited with IAS, the best placed group ‘A’ service, in the same pay scale through common entry have been granted financial parity with counterparts of IAS in the form of non-functional financial up-gradation (NFU) vide DOPT OM No. AB.14017/64/2008-Estt.(RR) Dt. 24.04.09 to compensate lack of promotions as compared to IAS. This scheme was introduced for group ‘A’ officers to compensate financial loss in comparison to counterparts of IAS. Particularly keeping in view the extraordinarily acute stagnation of Central Excise Superintendents & Inspectors, a proposal for grant of non-functional financial up-gradation to grant them financial parity with the counterparts of CSS was approved and recommended to DOPT by the CBEC. But DOPT without going into the merits returned the same simply saying that NFU is applicable only for Group ‘A’ organized service (Annexure-IV).
3. As far as the group ‘B’ officers are concerned, the CSS officers are the best placed group ‘B’ officers of Govt. of India like IAS in group ‘A’. The group ‘B’ officers at the level of Inspector of Central Excise and the Assistant of CSS are recruited in a common scale of pay through common entry examination conducted by SSC. The officers recruited as Assistant (Group-B, Non Gazetted, Level-7) in the Ministries get the benefit of promotions upto the Joint Secretary level, i.e., i) SO with GP of Rs. 4800/- (Level-8) and Rs. 5400/- in PB3 (Level-10) after 4 years of service, ii) US (Grade-I) with GP of Rs.6600/- (Level-11), iii) DS with GP of Rs. 7600/- (Level-12), iv) Director with GP of Rs. 8700/- (Level-13) and JS with GP of Rs. 10000/- (Level-14). However, the majority of their counterpart Inspectors of Central Excise in CBEC recruited as Group-B (Non Gazetted) through the same All India competitive examination gets only one promotion in 35/40 years of service career.
4. The Assistants/Section Officers are working in the headquarters offices on policy making seats whereas the Inspectors/Superintendents of Central Excise/CGST are working on more important seats of revenue collection in the field formations. Despite of working on more important seats, the Inspectors/Superintendents of Central Excise/CGST are not treated at par with the counterparts of CSS at least in financial matters. These CSS counterparts are retiring 4-5 grades above the officers recruited as the Inspector of Central Excise. On account of this, the CSS counterparts are getting 60% more pay than the officers recruited as Inspector of Central Excise. As already submitted, even the pension of CSS counterparts is more than the salary of the officers recruited as Inspector of Central Excise.
5. The group ‘A’ officers in the Ministries are selected under Central Staffing Scheme on deputation basis from organized Group ‘A’ Services or from CSS officers being promoted from the post of Assistant/Section Officer but no such opportunity is available for the Inspectors/Superintendents of Central Excise who are not only looking after the work relating to the collection of Central Excise duty but also looking after the work of collection of Customs duty (including Inland Air Travel Tax and Foreign Travel Tax) and Service Tax and also CGST & IGST. Needless to submit that they are already earning the maximum portion of the govt. revenues always far ahead even of the revised revenue targets with the efficient, committed & effective efforts despite of their total demoralisation, disappointment and job-dissatisfaction in r/o pay & perks, career prospects and working conditions.
6. Above facts very well manifest the injustice meted out to officers recruited as Central Excise Inspector despite of the most important work of revenue collection being done by them for the Govt. During this course, they have been facing every threat including life of them as well as their families by the hard core criminals, dreaded smugglers and white collared criminals alongwith tremendous administrative pressures. Thus, the officers recruited as the Inspector of Central Excise deserve a far better treatment in every aspect including pay, perks and career prospects. The grant of the non-functional financial upgradation on batch to batch basis with the common entry counterparts of CSS may be a solace for these hard working Central Excise/CGST officers.
7. As far as the importance of the work responsibilities is concerned, the Superintendents are discharging all functions relating to assessment, investigation & intelligence, issuance of Show Cause Notices with the responsibility of adjudication. They have not only been conferred with the judicial responsibilities in the matter of adjudication but also conferred with the judicial responsibilities of recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 and Section 108 of the Customs Act, 1962. The statements tendered before the Central Excise/CGST Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. Not only it, the Adjudication Orders are also being prepared by them for the Commissioner level officers. No such responsibilities have been conferred to the CSS officers or any other counterparts of Central Excise Superintendents/Inspectors. It is also important to mention that the judicial officers are not only being highly paid with extra perks but also treated in a far better way in the matter of career prospects in our country barring Central Excise/CGST Superintendents.
8. Though the Central Excise/CGST Superintendents are performing more responsible work functions as compared to other common entry counterparts, yet they are facing the worst career prospects instead of getting better treatment. This injustice is being faced by them despite of being the ‘backbone of the government revenue’ on account of being the major revenue collectors for the government in the form of Central Excise duty, Customs duty and Service Tax and also CGST & IGST. In the actual terms, they are the ‘backbone of the government’ on account of being responsible for the finance of the government. But very unfortunately, they are being totally ignored in every matter.
9. The parity is the basic concept of our Constitution and the parity in promotions is required to be maintained amongst the similarly placed employees but the Government of India has not initiated any action to maintain parity in promotions as well as pay packages amongst the Group ‘B’ officers. The group ‘A’ officers have already been granted financial parity by the Government of India by the grant of non-functional financial upgradation at par with the counterparts of IAS. Like it, the grant of the batch to batch non-functional financial upgradation after entry into group ‘B’ or equivalent grade is also the immediate need of the time for all group ‘B’ officers to bring them at par at least financially with the best placed group ‘B’ counterparts like CSS etc.
10. No need to submit that the VIth as well as VIIth CPC have already recommended to bring parity between the officers of headquarters offices and field offices keeping in view the utmost importance of the work being done by the field officers.
11. The matter was also recommended to 7th CPC by the CBEC as advised by the Department of Expenditure (Ref. OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 of CBEC-Annexure-III) but the CPC kept silence on it without giving any finding. After the publication of 7th CPC report, the matter was again recommended by CBEC vide above mentioned OM (Annexure-III) for the consideration of Empowered Committee but the Committee also remained silent on it.
12. In view of the above, it is requested to consider the matter sympathetically to grant non-functional financial up-gradation (NFU) to Central Excise/CGST Superintendents/Inspectors at par with the best placed Group ‘B’ counterparts of CSS etc. for the sake of justice.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 20/AIB/P/18 Dt. 17.01.18
Shri S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Flexible Complementary/Dynamic Assured Career Progression Scheme for Superintendents in accordance of the observation of CBEC under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 (Annexure-III) about the disparities in promotions that it is an alarming anomalous situation.
It is reiterated with due regards that the most of our officers are retiring with single promotion on a PB2 post (Level-8) in a career of 35-40 years after joining the job as Inspector (Level-7) whereas our counterparts including Customs (intra-organisational counterparts), Income Tax (intra-departmental counterparts), CSS (inter-departmental counterparts) etc. are getting 5 to 6 promotions upto the Level-14. It is also reiterated that the Cabinet/CRC/Cabinet Secretary recommended to take extra measures to remove stagnation of group ‘B’ Central Excise executive officers independent of cadre restructuring. But very unfortunately, no measures have been taken till date even after more than 4 years to remove the stagnation of group ‘B’ executive officers in CBEC despite of the recommendations of the Cabinet/CRC/Cabinet Secretary.
2. A scheme is, therefore, required to be formulated enabling Central Excise Superintendents and Inspectors also attain Level-13 and above like the common entry counterparts of CBDT, CSS, Customs etc. on account of getting salary even less than the pension of their counterparts. This can be done by introduction of flexible/dynamic promotion/complementing scheme. This scheme was introduced in the Department of Science & Technology for their employees to remove their stagnation. Such type of scheme was also adopted by the Ministry of Health to remove the stagnation of employees.
3. Central Excise/CGST Superintendents are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & same cadre of Inspector and recruited through one & same process under one & same organization of CBEC in one & same department of Revenue of one & same Ministry of Finance with one & same administrative hierarchy. Examiner of 1984 has already become Addl. Commissioner (Level-13) after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (Level-10).
4. Thus, the problem of acute stagnation existing in the cadre of Central Excise Superintendent and Inspector can be solved, if a flexible complementary promotional scheme (FCS) or dynamic assured career progression (DACP) scheme is introduced for them. The DOPT vide Notification No. 2/41/97-Plc Dt. 09.11.98 made the regulation of in-situ promotions under Flexible Promotional Scheme for Department of Science and Technology. It has been further reviewed by the DOPT and modified Flexible Complementing Scheme guidelines were issued vide OM No. AB/4017/37/2008-Esst(R) Dt. 10.09.10. It is also worth to submit that FCS and MACPS both are also applicable simultaneously in the case of these officers.
5. In view of the above particularly keeping in view the extraordinarily acute stagnation of Central Excise executive officers, it is requested that the Central Excise Superintendents may kindly be granted (if 5 functional promotions are not possible)-
(a) At least 5 in-situ promotions in uniform promotional hierarchy of functional promotions across all Ministries/departments of Govt. of India under flexible/dynamic promotion/complementing scheme (FCS or (DACP) or
(b) In-situ promotions/non-functional upgradation on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 w.e.f. the joining as Inspector.
It is also worth to submit that none of the above measures would require any functional post to be created as in-situ promotion requires merely to place in higher pay scale/s with higher designation. It is also worth to mention that a scheme granting in-situ promotion to the post of Asstt. Commissioner after completion of 20 years and to the post of Deputy Commissioner after completion of 25 years of service respectively after joining as Inspector was approved by the Board but still awaited to be implemented.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 21/AIB/P/18 Dt. 17.01.18
Shri S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Undoing of MACP irregularities.
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 31.05.11 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 16.10.14). 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 Hon’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 16.10.14 of the Hon’ble Madras High Court was dismissed by the Apex Court on 31.08.15. Thus, the judgement dated 16.10.14 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. 19.05.09 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 04.03.13 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. 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.