Upgradations under MACPS

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

Patron                                                                   Chief Patron                                                               Patron

A. Venkatesh                                                           Ravi Malik                                                        C. S. Sharma

Mob. 7780255361                                             Mob. 9868816290                                          Mob. 9313885411

President:                                           Address for communication:                                  Secretary General:

T. Dass                                Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                                   Harpal Singh

Mob.9848088928     mail Id:aiacegeo2019@gmail.com    Site:cengoindia.blogspot.in        Mob.9717510598

Vice Presidents: B L Meena, K V Sriniwas  (Central) Chinmoy Ghosh, Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T A Manojuman (Central) Apurba Roy, Siddharth Tewari (East) A K Meena, S K Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju (South); All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: Manoj Kumar Organising Secretary: Soumen Bhattachariya Liaisoning Secretary: Bhoopendra Singh North Zone Coordinator: C. P. Verma

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Office address: 206, B wing, CGO Complex II, Kamla Nehru Nagar, Ghaziabad

Ref. No. 116/AIB/M/21                                                                                     Dt. 30.07.21

To

            Secretary,

DOPT, New Delhi

Sub: Upgradations under MACPS.

Sir,

It is submitted with due regards that ACP Scheme was modified to MACP Scheme to grant three financial upgradations. Alongwith it, time scale is also to be granted in the Grade Pay of Rs. 5400/- after four years of getting the pay scale of Superintendent under CBIC.

            2. Thus, total four upgradations are to be granted after joining as direct recruit Inspector. Accordingly, three upgradations are to be granted to those officers who joined at one level below the Inspector and later promoted to the post of Inspector. So, hierarchy of upgradations will be GP 4600-4800-5400-6600-7600 in case of direct recruit Inspector and GP 4600-4800-5400-6600 in case of promotee Inspector who joined the job at one level below the Inspector.

            3. In the verdict given by Madras High Court in Writ Petition No. 11535/2014, it has been upheld that GP of Rs. 5400/- in PB-2 & PB-3 is one and same. It was also decided in this case that time scale can not be offset with MACP upgradation and next GP of Rs. 6600/- is to be given after time scale of GP of Rs. 5400/- in PB2. High Court observed that govt. proceeded as GP of Rs. 5400/- in PB3 is higher than the GP of Rs. 5400/- in PB2. SLP No. (C) 15396/2015 as well as Review Petition filed by Govt. was also dismissed in this case. Thus, the matter has been finally settled.

            4. It was upheld by High Court of Delhi in the W.P.(C) No. 9357/2016 that non-functional financial upgradation (time scale) is not MACP upgradation and can not be offset with it. This order of the 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. So, finally settled.

            5. High Court of Delhi granted the next higher Grade Pay of Rs. 6600/- after time scale to the employees in W.P. (C) No. 5146/2012 also. SLP(C) No. 010607/2013 filed by Govt. was also dismissed in this case. Thus, the matter has been finally settled.

6. High Court of Madras in WP No. 13225/2010, against which SLP(C) No. 029382/2011 as well as Review Petition filed by CBIC was dismissed, has ruled that time scale/NFG would be granted on completion of 4 years after ACP/MACP upgradation establishing that the ACP/MACP upgradation and time scale/NFG are altogether different and can no way be off-set with each other. This matter has also been finally settled.

7. CAT of Jabalpur in OA No. 200/00849/2016 has also ordered that time scale/NFG can not be offset with MACP upgradation. This judgement has also been upheld by High Court of Jabalpur. It has also been settled in Misc. Petition No. 6500, 6502, 6503, 6504, 6530, 6531, 6535, 6561, 6564, 6578 & 6579/2019 by High Court of Jabalpur that the Grade Pay of Rs. 5400/- in PB 2 and Rs. 5400/- in PB 3 has erroneously been treated as separate grade pays for the purpose of grant of upgradations under MACPS.

            8. In view of the above, it is requested to kindly grant our officers-

(i) Next MACP upgradation in GP of Rs. 6600/- after the time scale/NFG in GP of 5400/- in PB2.

(ii) Next MACP upgradation in the GP of Rs. 7600/- after GP of 6600/- and

(iii) Time scale/NFG in GP of Rs. 5400/- after 4 years of getting pay scale of Superintendent.

Thanking you,

Yours sincerely,

 

 (HARPAL SINGH),

Secretary General.

MACP upgradations

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

Patron                                                                   Chief Patron                                                               Patron

A. Venkatesh                                                           Ravi Malik                                                        C. S. Sharma

Mob. 7780255361                                             Mob. 9868816290                                          Mob. 9313885411

President:                                           Address for communication:                                  Secretary General:

T. Dass                                Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                                   Harpal Singh

Mob.9848088928     mail Id:aiacegeo2019@gmail.com    Site:cengoindia.blogspot.in        Mob.9717510598

Vice Presidents: B L Meena, K V Sriniwas  (Central) Chinmoy Ghosh, Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T A Manojuman (Central) Apurba Roy, Siddharth Tewari (East) A K Meena, S K Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju (South); All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: Manoj Kumar Organising Secretary: Soumen Bhattachariya Liaisoning Secretary: Bhoopendra Singh North Zone Coordinator: C. P. Verma

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Office address: 206, B wing, CGO Complex II, Kamla Nehru Nagar, Ghaziabad

Ref. No. 115/AIB/A/21                                                                                     Dt. 29.07.21

To

            Chairman,

CBIC, New Delhi

Sub: MACP upgradations.

Sir,

It is to submit with due regards that ACP Scheme was modified to MACP Scheme to grant three financial upgradations. Alongwith it, time scale is also to be granted in the Grade Pay of Rs. 5400/- after four years of getting the pay scale of Superintendent.

            2. Thus, total four upgradations are to be granted after joining as direct recruit Inspector. Accordingly, three upgradations are to be granted to those officers who joined at one level below the Inspector and later promoted to the post of Inspector. So, hierarchy of upgradations will be GP 4600-4800-5400-6600-7600 in case of direct recruit Inspector and GP 4600-4800-5400-6600 in case of promotee Inspector who joined the job at one level below the Inspector.

            3. In the verdict given by Madras High Court in Writ Petition No. 11535/2014, it has been upheld that GP of Rs. 5400/- in PB-2 & PB-3 is one and same. It was also decided in this case that time scale can not be offset with MACP upgradation and next GP of Rs. 6600/- is to be given after time scale of GP of Rs. 5400/-. High Court observed that govt. proceeded as GP of Rs. 5400/- in PB3 is higher than the GP of Rs. 5400/- in PB2. SLP (C) 15396/2015 as well as Review Petition filed by Govt. was also dismissed in this case. Thus, the matter has been finally settled.

            4. It was upheld by High Court of Delhi in the W.P.(C) No. 9357/2016 that non-functional financial upgradation (time scale) is not MACP upgradation and can not be offset with it. This order of the 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. So, finally settled.

            5. High Court of Delhi granted the next higher Grade Pay of Rs. 6600/- after time scale to the employees in W.P. (C) No. 5146/2012 also. SLP(C) No. 010607/2013 filed by Govt. was also dismissed in this case. Thus, the matter has been finally settled.

6. High Court of Madras in WP No. 13225/2010, against which SLP(C) No. 029382/2011 as well as Review Petition filed by CBIC was dismissed, has ruled that time scale/NFG would be granted on completion of 4 years after ACP/MACP upgradation establishing that the ACP/MACP upgradation and time scale/NFG are altogether different and can no way be off-set with each other. This matter has also been finally settled.

7. CAT of Jabalpur in OA No. 200/00849/2016 has also ordered that time scale/NFG can not be offset with MACP upgradation. This judgement has also been upheld by High Court of Jabalpur. It has also been settled in Misc. Petition No. 6500, 6502, 6503, 6504, 6530, 6531, 6535, 6561, 6564, 6578 & 6579/2019 by High Court of Jabalpur that the Grade Pay of Rs. 5400/- in PB 2 and Rs. 5400/- in PB 3 has erroneously been treated as separate grade pays for the purpose of grant of upgradations under MACPS.

            8. In view of the above, it is requested to kindly grant our officers-

(i) Next MACP upgradation in GP of Rs. 6600/- after the time scale/NFG in GP of 5400/- in PB2.

(ii) Next MACP upgradation in the GP of Rs. 7600/- after GP of 6600/- and

(iii) Time scale/NFG in GP of Rs. 5400/- after 4 years of getting pay scale of Superintendent.

Thanking you,

Yours sincerely,

(HARPAL SINGH),

Secretary General.

DoPT Orders : Cases pending or decided by Hon’ble High Courts/Central Administrative Tribunals regarding preponement of effective date of Modified Assured Career Progression Scheme

 Preponement of effective date of MACP w.e.f. 01.01.2006 as per Supreme Court Order dated 28.4.2021 in CA No. 1579/21 (SLP (C) No. 15572/2019): DoPT’s instructions on grievances

No.35034/3/2015-Estt.(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 13th July, 2021.

OFFICE MEMORANDUM

Subject: Cases pending or decided by Hon’ble High Courts/Central Administrative Tribunals regarding preponement of effective date of Modified Assured Career Progression Scheme – Order of the Hon’ble Supreme Court of India dated 28.4.2021 in CA No. 1579/21 (SLP (C) No. 15572/2019) of Union of India v/s R.K. Sharma & others – reg.

The undersigned is directed to say that vide O.M. of even number dated 30.9.2020, Ministries/ Departments were advised to defend all cases or challenge the Orders of Court/Tribunal, as the case may be, which are contrary to Modified Assured Career Progression Scheme (MACPS) guidelines, since the matter relating to preponing the date of effect of the MACPS from 1.9.2008 (as provided in the scheme) to 1.1.2006, was sub-judice in a number of cases pending in the Apex Court, which have been tagged with SLP No. 10811-13/2018 of Uol v/s Ranjit Samuel, and that all similar matters were being heard together.

2. Though decision in the above mentioned cases is still awaited, the Hon’ble Supreme Court of India, in a related matter, has held that benefits under the MACPS cannot be claimed w.e.f. 1.1.2006. In its Order dated 28.4.2021 in Civil Appeal No. 1579/2021 [arising out of SLP (C) No. 15572/2019] of Union of India v/s R.K. Sharma & Others, the Hon’ble Apex Court has held as under:-

“7. For a better understanding of the dispute in these cases, it is necessary to examine the judgments of this Court in Balbir Singh Turn (supra) and M.V. Mohanan Nair (supra). The point that was considered by this Court in Balbir Singh Turn (supra) relates to the applicability of the benefit of MACPS from 01.01.2006. The Respondents therein approached the Armed Forces Tribunal which held that the benefit of ACP granted to an employee is part of the pay structure which affects the pay and also his pension. The Armed Forces Tribunal held that an ACP is not an allowance but a part of pay and therefore, in terms of the Government resolution, the employees were entitled for MACP w.ef. 01.01.2006. This Court in Balbir Singh Turn (supra) upheld the said finding recorded by the Armed Forces Tribunal. Instructions issued on 30.05.2011 were found to be contrary to the resolution dated 30.08.2008 as, according to the resolution 01.01.2006 was the effective date for implementation of MACPS in matters relating to pay and dearness allowance.

8. In MV. Mohanan Nair (supra) a three Judge Bench of this Court considered the ACPS as well as the MACPS to hold that the schemes are in the nature of incentive schemes which were brought into force to relieve stagnation. This Court was of the considered view that the Respondents therein were entitled only to the benefit of next grade pay in the pay band and not to the benefit of grade pay of next promotional post. As the MACPS is a matter of Government policy pursuant to the recommendations made by the Pay Commission, this Court refused to accept submissions of the employees that MACPS should be made applicable w.e.f. 01.01.2006.

9. In view of the judgment of this Court in M.V. Mohanan Nair (supra), the Respondents and other similarly situated employees are entitled for financial upgradation under MACPS only to the next grade pay and not to the grade pay of next promotional post. It is clear from the resolution dated 30.08.2008 that the recommendation of the 6th Pay Commission was accepted by the Government and was made effective from 01.01.2006 in respect of civilian employees with regard to revised scales of pay and dearness allowances. In so far as the revised allowances other than dearness allowance, recommendation of the 6th Pay Commission were given effect from 01.09.2008. The judgment in M.V. Mohanan Nair (supra) clinches the issue. Benefits flowing from ACP & MACP Schemes are incentives and are not part of pay. The resolution dated 29.08.2008 is made effective from 01.09.2008 for implementation of allowances other than Pay and DA which includes financial upgradation under ACP & MACP Schemes. Therefore, the Respondents and other similarly situated officers are not entitled to seek implementation of the benefits of MACPS w.e.f. 01.01.2006 according to the resolution dated 29.08.2008. Moreover, the implementation of MACPS by granting financial upgradation only to the next grade pay in the pay band and not granting pay of the next promotional post w.e.f. 01.01.2006 would be detrimental to a large number of employees, particularly those who have retired. We find force in the submission made by the learned Additional Solicitor General that uniform implementation of MACPS for civilian employees w.e.f. 01.01.2006 would result in large scale recoveries of amounts paid in excess.

10. In view of the above, we set aside the judgment of the High Court and allow these Appeals.”

3. Accordingly, in terms of the existing MACP guidelines, and in light of above mentioned order dated 28.4.2021, all Ministries/Departments are, therefore, advised to dispose of all pending grievances seeking grant of benefit w.ef. 1.1.2006 under the MACP Scheme, and also. to defend the various pending Court Cases or to take immediate suitable action for appealing against such judgments which are contrary to the existing policy, as upheld by the Hon’ble Apex Court in the instant case.

Sd/-
(A. Bhattacharya)
Deputy Secretary

SIGNED COPY

Transfer policy Gujarat Customs zone

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

Patron                                                                   Chief Patron                                                               Patron

A. Venkatesh                                                           Ravi Malik                                                        C. S. Sharma

Mob. 7780255361                                             Mob. 9868816290                                          Mob. 9313885411

President:                                           Address for communication:                                  Secretary General:

T. Dass                                Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                                   Harpal Singh

Mob.9848088928     mail Id:aiacegeo2019@gmail.com    Site:cengoindia.blogspot.in        Mob.9717510598

Vice Presidents: B L Meena, K V Sriniwas  (Central) Chinmoy Ghosh, Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T A Manojuman (Central) Apurba Roy, Siddharth Tewari (East) A K Meena, S K Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju (South); All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: Manoj Kumar Organising Secretary: Soumen Bhattachariya Liaisoning Secretary: Bhoopendra Singh North Zone Coordinator: C. P. Verma

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Office address: 206, B wing, CGO Complex II, Kamla Nehru Nagar, Ghaziabad

Ref. No. 110/AIB/T/21                                                                                     Dt. 16.07.21

To,

The Chief Commissioner of Customs,

Gujarat Zone.

Sub: Arbitrary and unilateral change in transfer policy.

Sir,

Kindly refer to your office OM Dt. 12.07.21 issued by the Joint Commissioner, CCO, Customs vide which the "Customs Transfer Policy Dt. 02.05.18 for Superintendents and Inspectors" has been expressly repealed in unilateral manner without consulting the Association and other stake holders.

2. In the matter, it is to submit with due regards that the said Customs Transfer Policy Dt. 02.05.18 was finalized after due deliberations and discussions with the Association. The principles laid down by the DOPT vide OM. No. 11013/10/2013-Est.A Dt. 13.06.14 based on the judgment Dt. 31.10.13 of the Hon’ble Supreme Court in T.S.R. Subramanian case and CBIC circulars to consult the Association on the transfer policy were also duly followed to frame the said policy. But very unfortunately, a duly framed Transfer Policy has been repealed vide OM Dt. 12.07.21 in the most unreasoned, unlawful and arbitrary manner without consulting Association and other stake holders. The associated units of this All India Body in Gujarat zone have already raised the issue before your goodself with detailed submissions.

3. It is also worth to mention that the CBIC has also issued repeated circulars to consult the Association in the matter of framing/amending the transfer policy but your office has also not honoured such circulars of the CBIC. It has also been stated in your office OM Dt. 12.07.21 that rotation of officers from CGST to Customs within certain clusters can create undesirable nexus with the trade. These wordings of your office are highly objectionable, shocking, humiliating and demoralizing the morale of the officers to question their integrity in disgraceful manner. Such baseless, unestablished and unreasoned allegations are always highly condemnable which serve the only purpose to put our Customs Officers in bad name. Such things always result into the spoiling of the working atmosphere.

4. In view of the above, it is requested that the OM Dt. 12.07.21 may kindly be withdrawn. If your goodself really believes that Transfer Policy needs to be revisited, it may kindly be done as per laid down and lawful procedure duly consulting the Association and other stake holders. All of the associated units in Gujarat Zone of this All India Body may kindly be duly consulted on the issue.

Thanking you,

Yours sincerely,

                                                                                                                                                      

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to-

(1) The Chairman, CBIC, North Block, New Delhi.

(2) The Member (P&V), North Block, New Delhi.

Implemention of Supreme Court order on transfer policy

 

Accomodation at Kolkata

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