DPC, Juniority/Seniority clause

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.comSite: cengoindia.blogspot.in   Mob.9868816290

Vice Presidents: Apurba Roy, P. C. Jha  (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Pranave Shekhar (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. 200/AIB/P/19                                                                          Dt. 29.08.19

To,

Sh. Pranab Kumar Das,

Chairman, CBIC,

North Block, New Delhi.

Sub: DPC for the post of Asstt. Commissioner.

Sir,      

            Kindly refer to the earlier requests of the Association on the above subject including Ref. No. 161/AIB/P/19 Dt. 19.07.19 and 176/AIB/P/19 Dt. 07.08.19.

            2. It is to submit with due regards that neither legal stays on the DPC are being vacated nor the Chennai issue is being resolved. It is very disappointing and painful that the officers are being retired every month without promotion despite of thousands of promotional pots being in hand

            3. The officers are totally demoralized being unable to get even IInd promotion of the career without any fault on their part and are crying like anything.

4. Under the circumstances, your kind attention is again invited to the para 3(i) of the DOPT OM issued vide No. 28036/8/87-ESTT.(D) Dt. 30.03.88. This para allows the ad-hoc promotions even in case of an injunction by a Court/Tribunal. So, the DPC may kindly be conducted by using the provisions of para 3(i) of the said OM. It is also worth to submit that these provisions have already been applied in the past to convene the DPC. We have no reason not to apply the said provision now.

5. The promotions being ad hoc, it is requested to kindly take serious steps to conduct the DPC at the earliest by applying the provisions of the DOPT OM issued vide No. 28036/8/87-ESTT.(D) Dt. 30.03.88 for the sake of justice to our officers already retiring without getting the rarest IInd promotion of the career, otherwise one day will come that all temporary posts are lapsed and no officer will be promoted as more than one year has already lapsed to the last DPC.

            Thanking you, 

                                                                                                                                            Yours sincerely,

                                                                                                                                               

                     (RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

The Revenue Secretary, North Block, New Delhi.

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.comSite: cengoindia.blogspot.in   Mob.9868816290

Vice Presidents: Apurba Roy, P. C. Jha  (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Pranave Shekhar (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. 201/AIB/P/19                                                                          Dt. 29.08.19

To,

Sh. Pranab Kumar Das,

Chairman, CBIC,

North Block, New Delhi.

Sub: Implementation of the DOPT OM No. AB-14017/12/88-Estt. (RR) Dt. 25.03.96 on “Revision of guidelines for framing/amendment/relaxation of recruitment rules - consideration of seniors in cases where juniors are considered”.

Sir,

            Kindly refer to the letter Ref. No. 332/AIB/S/18 Dt. 17.12.18 and 98/AIB/P/19 Dt. 13.05.19 of the Association.

2. It is to submit with due regards that the said OM regarding juniority/seniority clause was to be implemented from 1996 in r/o the recruitment rules of the Central Excise/CGST Superintendents. The Hon’ble High Court of Delhi also directed in its Order Dt. 29.11.16 in CM No. 44096/2016, CM No. 44097/2016 and W.P.(C) 11277/2016 to give the benefit of the OM from 1996 despite of not being incorporated in the recruitment rules finally dismissing the petition of the CBIC. But nothing such has been mentioned in the recruitment rules of the Central Excise/CGST Superintendents published recently. 

3. In view of the above, it is again requested to implement the said OM from 1996 giving its benefit to all of the affected officers, whether petitioners or non-petitioners, like the decision taken for petitioners as well as non-petitioners by the CBIC in the Matharoo case and incorporate the same in the recruitment rules of the Central Excise/CGST Superintendents accordingly. This shall benefit both categories of the officers.  

Thanking You,           

                                 Yours sincerely,

                                                                                               

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1. The Cabinet Secretary, Govt. of India, President House, New Delhi.

2. The Secretary, Department of Revenue, North Block, New Delhi.

3. The Secretary, Department of Personnel and Training, North Block, New Delhi.

Chandrasekaran case on MACPS

Namaste friends.
If anybody is having-
1) DOPT order granting Mr chandrasekaran benefit based on Madras high court order
2) CBEC order granting benefit to him
3) DOPT order withdrawing the said benefit
4) CBEC order withdrawing said benefit
Pl send me imediatly to mail Id ravimalik_sweet@yahoo.com or WhatsApp  9868816290 as I am unable to trace out the same.
Loving Regrds,
RAVI MALIK,
Secretary General,
RAVI MALIK.

Invocation of FR 56(j)

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.comSite: cengoindia.blogspot.in   Mob.9868816290

Vice Presidents: Apurba Roy, P. C. Jha  (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Pranave Shekhar (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. 197/AIB/J/19                                                                          Dt. 26.08.19

To,

Sh. Ashok Kumar Pandey,

Member (Admin & Vigilance), CBIC,

North Block, New Delhi.

Sub: Invocation of the provisions of FR 56(j)/Rule 48 of CCS (Pension) Rules.

Sir,

            As your goodself knows, it is to submit with due regards that the provisions of FR 56(j)/Rule 48 of CCS (Pension) Rules are being invoked by our CBIC. Firstly, these were invoked for Group ‘A’ officers and now being invoked for Group ‘B’ officers.

            2. It is further to submit that the officers are in great panic by the said invocation as our CBIC is perhaps first organisation to invoke these provisions on Group ‘B’ officers in the current time. The mass impression is that the provisions are being invoked in general manner like to achieve a target to retire the officers instead of exceptional manner. Such mass invocation is also creating the bad impression for our CBIC among the public giving the impression that our whole CBIC is indulged in corrupt practice. The news items are also being seen to put the things in overplayed manner.

            3. No need to submit also that the Association is totally against any corrupt tactics and is always in favour of an honest, efficient and effective system. But general invocation (instead of exceptional) of the provisions of FR 56(j)/Rule 48 of CCS (Pension) Rules is causing fear among the officers. The Association also believes that the concerned authorities may be adopting total judicious approach at the time of invoking the said provisions but mass fear can’t be ruled out.

            4. Our officers are already facing the worst career prospects, the worst pay packages and the worst working conditions. Even the basic facilities, entitled amenities and due infrastructure are not available to them. They are even devoid of the prescribed office space. Nothing can be more pity and pathetic than it. Despite of all odds, our officers are working for day and night to achieve the revenue targets. The fear of the invocation of the provisions of FR 56(j)/Rule 48 of CCS (Pension) Rules shall demoralize them and such demoralization may affect their efficiency adversely.

            5. In view of the above, it is requested not to invoke the said provisions except in acute and exceptional circumstances (if required) without giving any room for mass fear. It is also necessary for the sake of protecting the image of our CBIC. It is also requested that the due consideration may be given to the ACR/APAR and integrity gradings in such cases before invoking the said provisions.  

Thanking you,

Yours sincerely,

                                                                                               

(RAVI MALIK),

Secretary General.

Prescribed office space

Hpy Janmashtami

No referral required for Govt. hospital

Benchmark for MACP upgradation

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.comSite: cengoindia.blogspot.in   Mob.9868816290

Vice Presidents: Apurba Roy, P. C. Jha  (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Pranave Shekhar (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. 190/AIB/C/19                                                                          Dt. 19.08.19

To,

Sh. Pradeep Kumar Sinha,

Cabinet Secretary of India,

President House, New Delhi.

Sub: Benchmark for MACP upgradation.

Sir,

            With due regards, it is to submit that the benchmark for MACP upgradation has been prescribed to be “very good” for all posts w.e.f. 25.07.16 vide DOPT OM No. 35034/3/2015-Estt(D) Dt. 28.09.16.

            2. It is further to submit that new condition would make it difficult for employees to avail MACP upgradation. The change of the benchmark from ‘Good’ to ‘Very Good’ should only have prospective effect as many employees may find it impossible to meet the benchmark based on the said change.

            3. The clarification given to Central Board of Indirect Tax & Customs (CBIC) by the DOPT on the issue says that the officers having post 2009 ACRs/APARs with at least “very good” grading now would only be eligible to get MACP upgradation.

            4. In the clarification given to the CBIC by the DOPT, it has also been mentioned that there is no question of allowing IInd opportunity of representation against the APAR which are post-2009 as these are already disclosed to the employees. Regarding this, it is to submit that the benchmark was ‘good’ at the time of said disclosure. The benchmark has been changed to ‘very good’ vide the DOPT OM No. 35034/3/2015-Estt(D) Dt. 28.09.16 only. Accordingly, this provision needs to be reviewed.

5. Actually, the grant of MACP upgradation on the basis of the reports of earlier years when the said stipulation of ‘Very Good’ was not in existence must be calibrated on the basis of the earlier stipulation of the benchmark being `Good’.

6. The matter has also already been raised before the CBIC, Department of Revenue as well as DOPT but still unresolved.

            7. Your kind attention is also invited to the Circular No. 107/E-9/Estt.-I/DHC Dt 27.01.18 (Copy enclosed) of the Hon’ble High Court of Delhi implementing ‘Very Good’ benchmark w.e.f. 01.01.18 saying that the required grading of “Very Good” will be applicable only in respect of ACRs from the current year, i.e., 2017 onwards.

8. For the earlier years, “Good” will be treated as qualifying/eligibility criteria for the benefit under the MACP Scheme in the Hon’ble High Court.

9. In view of the above, it is requested to implement the ‘Very Good’ benchmark w.e.f. 01.01.18 by issuing an order on the lines of the Hon’ble High Court of Delhi.

Thanking you,

Yours sincerely,

Encl: As above.                                                                                                                                  

 (RAVI MALIK),

Secretary General.

MACP Bench Mark – High Court of Delhi Circular

HIGH COURT OF DELHI
(Establishment-1 Branch)

No.107/E-9/Estt.-1/DHC
Date:27.01.2018

CIRCULAR

In partial modification of Circular No.60B/E-10/Estt-1/DHC dated 17.08.2017, it is hereby circulated for information of all concerned that O.M, F.No.35034/3/2015-Estt.(D) dated 27/28.09.2016, issued by the Government of India, Ministry of Personnel, Public Grievances and Pensions, Department of Personal & Training, New Delhi, regarding upgradation of benchmark from “Good” under the Modified Assured Career Progression Scheme (MACPS), is applicable w.e.f. 1st January, 2018. The required grading of “Very Good” will be applicable only in respect of ACRs from the current year, i.e. 2017 onwards. For earlier years of “Good” upto the grade pay of Rs.6500/-(pre-revised) will be treated as qualifying/ eligibility criteria for the benefit under the MACP Scheme.

sd/-
(Shekhar Chandra)
Joint Registar (Estt.)
Date:27.01.2018

Endst. No.2623-33/E-9/Estt-1/DHC
Copy forwarded for Information to:

1.The Pay& Accounts Officer-XX1. Delhi High Court, New Delhi.

2.All Reqistars/OSDs.

3.Joint Registrar-cum-Secretary to Hon’ble the Acting Chief Justice.

4.All Joint Registres.

5.Deputy Registrar-cum-P.A to Registrar General.

6.All Deputy Registrars

7.The Deputy Registar (Budget & Accounts).

8.Joint Director for uploading the instant Circular on the intranet of this Court.

9.All Assitant Registrars.

10.All AOJs/CMs/ Private Secretaries.

11.Admin. Order file.

12.Guard file.

How Government Schemes Can Help From Insurance To Retirement

It was not the first time that we were lending money to our domestic help but that evening is etched in my memory. Our maid’s 15-year-old son was suffering from a fever for more than two weeks, and she needed money to move to him to a private hospital. After lending the money, I checked her awareness on government insurance programs she could avail. To my surprise, she had no clue. I went through all affordable options and created a list of plans that every domestic help should have.

Start with bank account

Most benefit schemes now remit money directly to the beneficiaries’ bank accounts. In case your help does not already have a bank account, you can take the help of your bank relationship manager to open one under the Pradhan Mantri Jan Dhan Yojana. With this, they get a life insurance of ₹30,000 and accidental insurance cover of ₹1 lakh. Next, you need to ensure they have registered under UIDAI and have an Aadhaar Card.

Term life insurance

The death of a breadwinner can simply result in their kids dropping out of school and being put to work. A term life insurance with a small cover can mean a lot to the dependent family members. To help them cover their life with an insurance plan, you can encourage them to enrol under the Pradhan Mantri Jeevan Jyoti Bima Yojana (PMJJBY), which costs ₹330 a year and provides a cover of ₹2 lakh to individuals in the age group of 18 to 50 years. The premium is payable through the auto-debit facility in one installment only through the bank account. Unfortunately the retail term insurance in its existing form can be bought by a restricted list of organised workers or businessmen who have proof of income above ₹2 lakh a year.

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Accident insurance

In all likelihood, your help uses public transport. You must ensure you cover your help and/or employees with a comprehensive personal accident insurance policy that covers death and disability for ₹5 lakh will cost just ₹750 per year. You can additionally rely on the ₹12-a-year premium Pradhan Mantri Suraksha Bima Yojana (PMSBY) scheme, which provides covers ranging from ₹1 lakh- ₹2 lakh.

Health insurance

Domestic help is usually exposed to higher health risks from infectious diseases and accidents. A report in the British Medical Journal in 2018 suggests that close to 5.50 crore Indians are pushed into poverty every year only due to healthcare spending. It is recommended that you keep a tab on the health of your help and their family; and ensure they are enrolled into various state- and central-government sponsored healthcare programs. The Pradhan Mantri Jan Arogya Yojana is applicable for families of unorganised workers in urban areas as per SECC data. This benefit is not based on enrolment but entitlement. You simply need to check eligibility of your help.

Retirement planning

To assistant your help in becoming self-reliant, introduce the discipline of investing and long-term compounding. You can initiate them into investing into recurring deposit accounts and if they are fairly young, into long term equity. Additionally, both husband and wife can be encouraged to enrol into the government’s pension program for unorganised workers, through the Prime Minister Shram Yogi Mandhan Pension Yojana (PM-SYM). For instance, if the wife pays ₹200 from the age of 40 to 60, she will be paid ₹3,000 pension every year from the age of 60. We must do our bit by helping them live a better financial life. A little bit of education and hand-holding can go a long way in ensuring they and their families are secured during tough times.

Source: livemint

Supreme Court dismissed Review petition No.1731/2019 filed by the Government

Increment Issue for those retired on 30th June, due increment is 1st July – Supreme Court of India dismissed Review petition No.1731/2019 filed by the Government

IN THE SUPREME COURT OF INDIA

 

INHERENT JURISDICTION

 

R.P.(C) No. 1731/2019 in S.L.P. (C) No.22008/2018

UNION OF INDIA & ORS.

Petitioner(s)

VERSUS

P. AYYAMPERUMAL

Respondent(s)

 

O R D E R

Delay in filing the Review Petition is condoned.

This review petition has been filed against Order dated 23rd July, 2018 whereby the Special Leave Petition was dismissed.

We have considered the review petition on merits. In our opinion, no case for review of Order dated 23rd July, 2018 is made out. Consequently, the review petition is dismissed on merits.

Pending application filed in the matter also stands disposed of.

………………..J

(N.V. RAMANA)

…………………J

(DEEPAK GUPTA)

NEW DELHI;
8TH AUGUST, 2019.
Digitally signed by
VISHAL ANAND
Date: 2019.08.09
16:55:01 IST

---

ITEM NO.1004

SECTION XII

S U P R E M E C O U R T O F I N D I A

 

RECORD OF PROCEEDINGS

 

R.P.(C) No. 1731/2019 in SLP(C) No. 22008/2018

UNION OF INDIA & ORS.

Petitioner(s)

VERSUS

P. AYYAMPERUMAL

Respondent(s)

(FOR ADMISSION and IA No.98411/2019-STAY APPLICATION and IA No.98414/2019-CONDONATION OF DELAY IN FILING REVIEW PETITION )

Date : 08082019 This petition was circulated today.

CORAM :
HON’BLE MR. JUSTICE N.V. RAMANA
HON’BLE MR. JUSTICE DEEPAK GUPTA

By Circulation

UPON perusing papers the Court made the following

O R D E R

 

Delay in filing the Review Petition is condoned.

The review petition is dismissed on merits in terms of the signed order.
Pending application filed in the matter also stands disposed of.

(VISHAL ANAND)
COURT MASTER (SH)

(RAJ RANI NEGI)
ASSISTANT REGISTRAR

(Signed Order is placed on the file)

Message by JVSR Krishna – 9441903448 (jvsrkrishna[@]gmail.com)

Flash….Flash….Flash…..Flash,

Increment Issue: for those retired on 30th June, due increment is 1st July. Supreme Court of India dismissed Review petition No.1731/2019 judgement dt. 8th Aug. 2019 filed by the Government, indicated based on the merit, review petition submitted by Government was dismissed. Now, the national forums responsibility is to insist the government to implement the same to all the central government servants who are similarly placed, instead of everybody approaching the court of law for justice and it is shear waste of money and time.

Click here to View/Download the PDF of Judgement