Dated:
To,
The
Commissioner,
Sub: Para 8.1 of MACP Scheme and
offsetting of MACP upgradation with the time scale.
Sir,
It is to submit with due regards
that the single Grade Pay of Rs. 5400/- in PB2 and PB3 has been mentioned as
separate grade pays under para 8.1 of MACP Scheme. Not only it, one MACP
upgradation has also been offset with the time scale granted after serving for
4 years in the Grade Pay of Rs. 4800/- treating the time scale as one MACP
upgradation. As a result, our officers are getting after 30 years of service
under MACPS what they were able to get after 24 years of service under ACPS.
2. In regard of treating single
Grade Pay of Rs. 5400/- in PB2 and PB3 as separate grade pays under para 8.1,
your kind attention is invited to the verdict given on 16.10.14 by the Hon’ble Madras High Court in Writ Petition
No. 11535/2014 with M.P No. 1/2014 upholding that the Grade Pay of Rs. 5400/- in
PB-2 (Level-9) & PB-3 (Level-10) is one and the same thing
as there is no difference between the Grade Pay of Rs. 5400/- in PB2 and PB3. The said judgment was finalized by the
Hon’ble Apex Court in
Special Leave to Appeal (C) 15396 of 2015 by dismissing
the SLP filed by the Govt. It is also worth to submit that the next Grade Pay
after Rs. 5400/- is Rs. 6600/- (Level-11).
3. Regarding the
offsetting of MACP upgradation with the time scale, your kind attention is invited
to the verdict given by the Hon’ble High Court of Delhi on 20.12.17 in the
W.P.(C) No. 9357/2016 upholding that non-functional financial upgradation (time
scale) is not MACP upgradation being integral part of the pay. Thus, it can no
way be treated as one MACP upgradation.
4. In view of the above,
it is requested to kindly grant me the Grade Pay of Rs. 6600/- (Level-11) after time scale of Rs. 5400/- without offsetting time scale with the MACP upgradation.
Thanking you,
Yours
sincerely,
( ),
Designation.
Copy
with the request for necessary action to:
1)
The Chief Commissioner.
2)
The Member (Admn), CBIC, North Block, New Delhi.
3)
The Chairman, CBIC, North Block, New Delhi.
All affected officers are requested to represent on the above lines through proper channel with copy to the Chief Commissioner, Member (Admn) and Chairman.
All officers whose time scale has been offset with the MACP upgradation may represent.
All officers whose time scale has been offset with the MACP upgradation may represent.
Loving regards,
Ravi Malik,
AIACEGEO,
Secretary General,
AIACEGEO.