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. 263/AIB/MACP/18 Dt. 08.10.18
REMINDER
To,
Sh.
S. Ramesh,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Para 8.1 of MACP Scheme and
offsetting of time scale with MACP upgradation.
Sir,
Kindly refer to the various earlier
requests of the Association on MACPS related issues.
2. It is again 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
ACP Scheme.
3. 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. establishing the verdict as law of land. It is also
worth to submit that the next Grade Pay after Rs. 5400/- is Rs. 6600/-
(Level-11).
4. Regarding the
offsetting of time scale with the MACP upgradation, 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 on account of being integral part of the pay. Thus, it
can no way be treated as one MACP upgradation. It is also to submit that this
order of the Hon’ble High Court has already been implemented vide office order
No. 190/E-IV/Estt/DHC Dt. 23.02.18 without preferring any appeal in it. Thus,
no need to say that the matter has been finalized and settled.
5. In the case of U.O.I. Vs. Delhi Nurses
Union (Regd.) W.P. (C) 5146 / 2012 also, the Hon’ble High Court of Delhi vide
its judgement dated 24.08.12 held the same and granted the next higher Grade
Pay of Rs.6600/- after time scale to the employees. The order of the High Court
was also upheld by the Hon’ble Supreme Court by dismissing the Appeal of Union
of India on 04.03.13 in SLP(C) No. 010607/2013. Thus, the above Order dated
24.08.12 of the Hon’ble High Court of Delhi also attained finality and become
law of land after the dismissal of SLP in the Hon’ble Supreme Court.
6. In
Subramanium case also, it has been ruled that 4 years time scale/NFSG would be
granted after ACP/MACP upgradation placing the officer in the scale of
Superintendent (if not promoted within 12/10 years). If time scale was to be
counted as one MACP upgradation, it would have been granted after 10 years of
service instead of 4 years. By the finalization of the issue at the level of the Apex
Court, it has also become the law of land establishing that the ACP/MACP
upgradation and time scale are altogether different and can no way be off-set
with each other. So, the time scale can never be treated as one MACP
upgradation.
7. If the
time scale was to be counted as one MACP upgradation, the Section Officers of
the CSS could have never been granted the time scale in the Grade Pay of 5400/-
in PB3. Instead they were to be granted it in the grade pay of 5400/- in PB2,
if it is to be equated to and counted as one MACP upgradation.
8. Thus, keeping
in view the para 4, 5, 6 & 7 above, the “4 years time scale” can no way be
offset with the MACP upgradation and is not to be counted as one MACP
upgradation.
9. Your kind attention is
also invited to the verdict given by the Hon’ble Apex Court in SLP No.
77457/2017 against the order Dt. 23.03.17 given by the Hon’ble High Court of
Delhi in WP No. 2634/2017 in which the Apex Court said, “Once the question,
in principle, has been settled, it is only appropriate on the part of the
Government of India to issue a circular so that it will save the time of the
court and the Administrative Departments apart from avoiding unnecessary and
avoidable expenditure.” The Hon’ble Court further directed the Government of
India to immediately look into the matter and issue appropriate orders so that
people need not unnecessarily travel either to the Tribunal or the High Court
or the Supreme Court.
10. Further, your kind attention is invited to the order
Dt. 27.09.18 of the Hon’ble High Court of Delhi in W.P.(C) 11277/2016 taking
serious note against the CBIC letter Dt. 05.09.07. This letter says, “in cases
where the Court orders are adverse to the interest of the
department/Government, such orders should not be implemented without clearance
of the Board”. The Hon’ble High Court took strong exception to this letter and
was prima facie of the opinion that this letter invites contempt of Court.
However, at the request of the ASG, the Hon’ble Court refrained from passing
further orders and offered an opportunity to the CBIC to withdraw the letter. Thus, it is very clear that any government
department is never above the Hon’ble Court and it is contemptuous not to
follow the court orders.
11. In view of the above, it is requested to kindly-
i) Undo the para 8.1 of MACP Scheme and not to offset the time scale with MACP
upgradation,
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).
iii) Grant the Grade Pay of Rs. 7600/- (Level-12) to the employees on being
due for next MACP upgradation after Grade Pay of Rs. 6600/- (Level-11).
Thanking you,
Yours
sincerely,
(RAVI
MALIK),
Secretary
General.
Copy
with the request for necessary action to:
1)
The Secretary, DOPT, North Block, New Delhi.
2) The Cabinet Secretary, President House, New Delhi. 