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, 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 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. 324/AIB/C/18 Dt. 04.12.18
REMINDER
To,
The
Revenue Secretary,
North
Block, New Delhi.
Sub: Implementation of the Subramanium case.
Sir,
Kindly refer to the letter F. No. A-23011/05/2009-Ad.IIA Dt. 31.10.18 of
the CBIC and also Ref. No. 113/AIB/G/17 Dt. 28.09.17, 120/AIB/G/17 Dt. 11.10.17,
121/AIB/G/17 Dt. 11.10.17, 171/AIB/G/17 Dt. 13.12.17, 100/AIB/G/17 Dt.
05.04.18, 229/AIB/A/18 Dt. 24.08.18, 262/AIB/G/18 Dt. 05.10.18, 282/AIB/G/18
Dt. 08.11.18 etc. of the Association addressed to the administration.
2.
With due regards, it is to submit that the issue has been implemented only “in
person” vide the above referred letter F. No. A-23011/05/2009-Ad.IIA Dt.
31.10.18 of the CBIC despite of the matter being finally settled at the level
of the Hon’ble Apex Court and also the review petition of the government being
dismissed. No need to submit that the matter being finalized at the level of
the Hon’ble Apex Court is to be treated as the law of the land giving its
benefit to all “in rem”.
3. The
verdict given by the Hon’ble Apex Court in SLP No. 77457/2017 as under-
“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.
4. Thus,
the verdict should have been implemented “in rem” giving the due benefit to all
equally placed officers without forcing all of them to go to the legal court. 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.
5.
By the finalization of the issue at the level of the Apex Court, it has also
now been established that the ACP/MACP upgradation and time scale are
altogether different and can no way be off-set with each other. So, the grant
of the time scale can never be treated as one MACP upgradation.
6.
Your kind attention is also invited to the orders given by the Hon'ble Supreme Court on 17.10.14
in the Civil Appeal No. 9849 of 2014 in the matter of State of Uttar Pradesh
& Ors Vs. Arvind Kumar Srivastava & Ors as under:
“Normal rule is
that when a particular set of employees is given relief by the Court, all
other identically situated persons need to be treated alike by extending that
benefit. Not doing so would amount to discrimination and would be violative of
Article 14 of the Constitution of India. This principle needs to be
applied in service matters more emphatically as the service jurisprudence
evolved by this Court from time to time postulates that all similarly situated
persons should be treated similarly. Therefore, the normal rule would be that
merely because other similarly situated persons did not approach the Court
earlier, they are not to be treated differently.”
7.
In view of the above, it is again requested to kindly implement the Subramanium
verdict in rem giving benefit to all equally placed officers and also not to
offset the grant of time scale with the MACP upgradation.
Thanking
you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
Coy with the request for necessary action
to:
The Chairman, CBIC, North Block, New Delhi.
