Dated:
To,
The
Commissioner,
Sub:
Implementation of the Subramanium case.
Sir,
It is to submit with due regards
that not only the SLP(C) No. 029382/2011 filed by the CBIC in the Subramanium
case has been dismissed on 10.10.17 but the review petition in it has also been
dismissed on 23.08.18 by the Hon’ble Supreme Court. Thus, now there remains no
other option except to implement it giving the benefit to all equally placed
officers. The issue involved in this case is the grant of the time scale on
completion of 4 years of service after getting ACP/MACP upgradation (if not
promoted to the post of Superintendent) to our officers after joining as
Inspector, whether direct recruit or promotee.
2. Your kind
attention is also invited to the counter-reply of the CBIC in the OA No.
1944/2016 filed by the All India Association of Central Excise Gazetted
Executive Officers for the general implementation of the Subramanium issue to
give its benefit to all equally placed officers. In the said counter-reply, the
CBIC has mentioned that the reason of not implementing the issue in general for
all is the pendency of the case in the Apex Court. No need to submit that it
would be the contempt of the Hon’ble CAT as per the counter-reply of the CBIC,
if the Subramanium verdict is not implemented in rem giving its benefit to all
equally placed officers now.
3. Now after the
dismissal of the SLP as well as review petition of the CBIC and finalization of
the case at the level of the Apex Court, there remains no reason coming in the
way of the general implementation of this case. No need to say that the verdict
given by the Hon’ble Apex Court is always treated as the law of the land.
4. In view of
the above, it is requested to kindly give me the benefit of granting the time
scale on completion of 4 years of service after the grant of ACP/MACP
upgradation on…….. by which I was placed in the pay scale of Superintendent.
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, who got promotion to the post of Superintendent from the post of Inspector after getting the pay scale of Superintendent under ACP/MACP Scheme, may kindly represent on the above lines.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.
