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
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)
Office Secretary: C. S. Sharma Treasuer: N. R. Manda Organising
Secretary: Soumen
Bhattachariya
(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. 249/AIB/M/18
Dt. 13.09.18
To,
The
Hon’ble Finance Minister,
Govt.
of India, North Block,
New
Delhi.
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-
i) Make due amendments in the MACP Scheme to quash the para 8.1 and not
to treat the offsetting of MACP upgradation with the time scale and
ii) Grant the Grade Pay of Rs. 6600/- (Level-11) to the employees after
time scale of Rs. 5400/- (whether in PB2 or PB3, i.e., Level-9 or 10).
Thanking you,
Yours
sincerely,
(RAVI MALIK),
Secretary
General.
Copy
with the request for necessary action to:
1)
The Hon’ble Minister of DOPT, North Block, New Delhi.
2)
The Secretary, DOPT, North Block, New Delhi.