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, M. Jegannathan (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 T reasuer: 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. 279/AIB/MACP/18
Dt. 24.10.18
To,
The Secretary,
DOPT, North Block,
New Delhi.
Sub:
Date of the implementation of MACPS.
Sir,
Kindly refer to the earlier request of the Association on
the subject-matter.
2. It is to submit
with due regards that the MACP Scheme was notified on 19.05.09 but was
implemented w.e.f. 01.09.08.
3. As per the verdict given by the Hon’ble Supreme Court
in Civil Appeal Diary No. 3744 of 2016, the MACP Scheme is to be implemented
w.e.f. 01.01.06 being the part & parcel of the pay. The said verdict has
already been implemented for PBOR of Army vide Ministry of Defence letter No.
14(1)/99-D(AG) Dt. 25.07.18.
4.
However, as per the verdict given by the Hon’ble High Court of Madras in Writ Petition Nos. 33946, 34602 and
27798 of 2014, the MACP Scheme is to be implemented w.e.f. the date of its
notification, i.e., 19.05.09. Against this verdict, the Govt. of India is
already in SLP Diary No. 21910 of 2017 in the Hon’ble Supreme Court.
5. It is also worth to mention that the applicants of
both of above cases have different circumstances. The implementation of the
MACP Scheme is beneficial for some w.e.f. 01.01.06 whereas w.e.f. 19.05.09 for
others. So, the employees are required to be allowed to opt for the
advantageous date to give effect to the MACP Scheme as applicable to them.
6. In case of the implementation of the MACP Scheme
w.e.f. 01.01.06, there may be many officers who are eligible to get the benefit
of time scale/NFG as well as the MACP upgradation on the same day, i.e.,
01.01.06. No need to say that it has already been settled that the time
scale/NFG and MACP upgradation can’t be offset with each other vide the
verdicts given by the Hon’ble Supreme Court in the SLP(C) No. 029382/2011,
SLP(C) No. 010607/2013 and SLP
(C) 15396/2015
and also in the W.P.(C) No. 9357/2016 by the Hon’ble High Court of Delhi. So, the
employee is required to be given the benefit of both in the event of
being eligible for time scale/NFG and MACP upgradation on the same day. Thus,
he/she should be given the benefit of both simultaneously by granting time
scale/NFG first and then MACP upgradation on the same day to protect him/her
from any loss. No need to say that such protection has always been given to the
employees against any loss at the time of the implementation of the recommendations
of the pay commissions in the event of the date of increment being fallen on
Ist January upto 01.01.06 and also the date of increment being fallen between
01.01.16 and 31.06.16 at the time of the implementation of the recommendations
of VIIth pay commission.
7. In view of the above, it is requested that-
i)
The MACP Scheme may kindly be implemented w.e.f. 01.01.06.
ii)
The employees may kindly be given the benefit of time scale/NFG first and then
MACP upgradation on the same day in the event of both being fallen on the same
date and
iii)
The employees may kindly be allowed to exercise the
option to get the benefit of MACP Scheme from the advantageous date to rule out
any grievance arising out of the date of its implementation.
Thanking
you,
Yours
sincerely,
(RAVI
MALIK),
Secretary
General.
