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.
