ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for communication: Secretary General:
Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)
(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. 106/A/13 Dt. 15.05.13
To,
Sh. R. S. Gujral,
The Finance Secretary and Secretary of Expenditure,
North Block, New Delhi.
Sub: Request for appointment regarding the cadre restructuring of CBEC.
Sir,
It is submitted with due regards that the ongoing cadre restructuring of CBEC was started in 2006 but is still pending even after 7 years and our officers are forced to retire continuously without promotion. They are retiring regularly as Superintendent with only one promotion in their career after joining the job as Inspector of Central Excise.
2. Presently, the cadre restructuring is with the Department of Expenditure under your kind control after being duly cleared by the Hon’ble Finance Minister on 12.04.13. It is also worth to submit that the same had already been approved by the Department of Expenditure two years ago in 2011 and has come for re-approval even for less number of posts incurring less Expenditure as compared to earlier occasion.
3. In view of the above, it is requested that the Association may kindly be granted an appointment to make the due submissions in person before your goodself at an early date on the issue.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for communication: Secretary General:
Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob. 09871483585)
(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. 107/OS/13 Dt. 15.05.13
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: ACP/MACP clarification.
Madam,
It is submitted with due regards that the much awaited clarifications on ACPS/MACPS have been issued by the CBEC recently to the Shillong & Jaipur Commissionerates. But very unfortunately, the clarifications are again ambiguous keeping silent on the main issue/s.
2. All the related issues have not been settled in these clarifications. For example, clarifications are silent on the following issues-
(a) What grade pay will be paid to those officers on completion of 30 years who have got time scale and then 2nd ACP upgradation between 01.01.06 and 31.08.08? Whether they will be eligible for IIIrd MACP upgradation or will it be offset against the time scale?
(b) What grade pay will be paid to those officers on completion of 20 years or on being eligible for IInd MACP upgradation who have got time scale before completion of 20 years or prior to grant of IInd MACP upgradation? Whether they will be eligible for next MACP upgradation or will it be offset against the time scale?
(c) If MACP upgradation is offset, what will the next upgradation will be called/counted-IInd or IIIrd?
3. It is also worth to submit that there is no use of issuing such ambiguous clarifications by the concerned section as issued recently to the Shillong & Jaipur Commissionerates. The Association is really unable to understand why the clarifications have been issued so belatedly and also ambiguously by the concerned section and under what motive/interest/intention/purpose/aim behind the delay or ambiguity. It seems that the concerned sections in CBEC have become habitual of making the things delayed or wrongly interpreted or even not responded at all despite of the repeated reminders. What purpose is being served by them by adopting such tactics? Every grievance of staffside is unredressed or long pending on account of such tactics.
4. Moreover, the clarifications were required to be issued in general for all field formations because, as already submitted, the said problems are not being faced at Shillong or Jaipur only but these are being faced everywhere. The officers are on the verge of recovery but our sections of CBEC are not serious at all. The officers falling under the categories (a) and (b) of para 2 above are not being granted the due benefits by the field formations.
5. Every prudent person knows that any offset of ACP/MACP upgradation with the time scale is not legally sustainable. Moreover, it is also not understood how the time scale granted between 01.01.06 and 31.08.08 (before the origin of MACPS) can be offset with MACP upgradation whereas the MACPS itself came into existence on 01.09.08. It is like the taking of birth by a child without marriage of the parents. Even otherwise, the MACP/ACP upgradation can noway be offset with the time scale because of both having different identity as well as procedure for implementation. The time scale is the part of the pay scale of the post being held by the employee which requires no DPC whereas the ACP/MACP upgradation is not the part of the pay scale of the post which also requires DPC. The grade pays granted under the ACP/MACP upgradation also belong to the higher post or higher hierarchy.
6. It is also well pertinent to mention that some of our officers are able to get a grade pay of 6600/- on completion of 30 years while others only 5400/- on completion of 30 years or even more under MACPS after joining the job in a grade pay of 4600/-. Whereas the officers are able to get a grade pay of 7600/- after 30 years at other places even after joining the job in a lower grade pay of 4200/- or same grade pay of 4600/-. It is also very disappointing & totally unjustified that our officers would get a grade pay of Rs. 5400/- now in 30 years or even later under MACPS while they were able to get it within 24 years under ACPS. This all is happening only due to the unreasoned clarifications issued without application of mind. Actually, all of the officers should get at least a grade pay of 7600/- after completion of 30 years as is being granted to their employees by the State governments even before the completion of 30 years. One may say that MACP Schemes adopted by the Central governments and State governments have no relation but this notion is not correct because both of the MACP Schemes have been originated from the same source, i.e., 6th CPC. It is also worth to mention that the government was not having any intention to put its employees at loss at the time of the formulation of MACPS as compared to ACPS. Rather, it was formulated to grant additional benefit to the employees. In addition to MACPS, one more additional financial benefit was granted independent of MACPS in the form of time scale. Thus, all of the anomalies stated above need to be rectified urgently & immediately.
7. As far as the para 8.1 of MACPS is concerned, it is nowhere mentioned in it that the time scale/NFSG would offset one MACP upgradation. Not only in para 8.1 but nowhere in MACPS notification it is mentioned that the time scale/NFSG would offset any MACP upgradation whereas it has been clarified by the CBEC that the NFSG would offset one MACP upgradation as per the para 8.1 of MACPS. Para 8.1 merely says that the grade pays of 5400/- in PB2 and PB3 are separate grade pays for the purpose of MACP upgradation. It is also interesting that the term ‘time scale’ has been changed to ‘NFSG’ while no such term has been used anywhere either in the resolution of the government based on 6th CPC recommendations or MACPS notification.
8. One more confusion (intentional ?) has been created through Shillong clarification issued vide F.No.A-23011/29(III)/2010-Ad.IIA Dt. 06.05.13 that the officers were granted NFSG on completion of 4 years in the Superintendent grade w.e.f. 17/23.12.09 as nothing such was mentioned by the Chief Commissioner of Shillong in her letter C. No. II(24)4/ET/CCO/SH/2011/46 Dt. 04.01.13 addressed to your goodself.
9. In view of the above, it is requested that a general clarification may kindly be issued to all the field formations clarifying very clearly each and every doubt & ambiguity to give justice to the officers at an early date without habitual delay on the part of the concerned section. It is also requested that the field formations may be directed not to make any recovery until the issue is settled finally by the CBEC.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Chairperson, CBEC, North Block, New Delhi.
2) The Revenue Secretary, North Block, New Delhi.
3) The DG, HRD, CBEC, New Delhi.
4) The ADG (HRM), HRD, CBEC, New Delhi.
(RAVI MALIK)
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for communication: Secretary General:
Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob. 09871483585)
(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. 109/OS/13 Dt. 17.05.13
REMINDER
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Undoing the offsetting of MACP upgradation with the time scale.
Madam,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 125/10 Dt. 20.10.10,
ii) Ref. No. 46/11 Dt. 27.04.11,
iii) Ref. No. 58/11 Dt. 06.05.11,
iv) Ref. No. 71/11 Dt. 20.05.11,
v) Ref. No. 91/11 Dt. 22.06.11,
vi) Ref. No. 102/11 Dt. 06.07.11,
vii) Ref. No. 165/11 Dt.13.09.11,
viii) Ref. No. 166/11 Dt.14.09.11,
ix) Ref. No. 167/11 Dt.14.09.11,
x) Ref. No. 71/OS/13 Dt. 29.04.13etc.
2. It is again submitted with due regards that one MACP upgradation has been offset with the time scale by the government authorities despite of the fact that the time scale and MACP/ACP upgradation are altogether different things. There exist no statutory provisions to offset the MACP upgradation with the time scale. There is no link or relation between the MACP upgradation and the time scale while the authorities have linked the MACP upgradation with the time scale. The different mechanism and procedure have been prescribed for each due to being no linkage or relation between them.
3. The grade pay under the time scale is merely a financial benefit attached to the pay scale of the concerned officer after the completion of 4 years of service. The MACP upgradation can noway be offset with the time scale because of both having different identity as well as procedure for implementation. The time scale is the part of the pay scale of the post being held by the employee whereas the MACP upgradation is not the part of the pay scale of the post. The grade pays granted under the MACP upgradation belong to the higher post or higher hierarchy. Every prudent person can say that any offset of MACP upgradation with the time scale is illegal as per the rule of the law as well as the principle of natural justice. Moreover, it is also not understood how the time scale granted between 01.01.06 and 31.08.08 (before the origin of MACPS) can be offset with MACP upgradation whereas the MACPS itself came into existence on 01.09.08. It is like the taking of birth by the baby without marriage of the parents. The MACP upgradation was also not offset either vide the resolution of the government based on 6th CPC recommendations or by MACPS notification itself.
4. No DPC is held for granting the time scale while the holding of DPC is must for the grant of the MACP upgradation. Annual Confidential Reports/Annual Performance Assessment Reports are considered for the grant of MACP upgradation while these have no role for the grant of time scale. The whole procedure required for the grant of functional promotion is followed to grant MACP upgradation while no such procedure is required for the grant of the time scale.
5. It is further submitted that the MACPS is simply a Modified ACP Scheme. It is also worth to mention that no ACP upgradation was offset with the time scale under ACPS. If no ACP upgradation was offset with the time scale, it is totally unjustified to offset the MACP upgradation with the time scale because MACP upgradation is nothing but simply an ACP upgradation on account of being modified in r/o of the numbers and frequency. Two ACP upgradations have been modified to three MACP upgradations in r/o numbers. The frequency of 12 years in the case of ACP upgradations has been modified to 10 years in the case of MACP upgradations.
6. The ACP Scheme was modified to Modified ACP Scheme simply to grant more benefit to the government employees by the Central Government. The government never intended to put its employees at loss on account of the modifications in ACP Scheme at the time of modifying it. Rather, it was modified to grant additional benefit to the employees. The time scale was also granted to the employees as part of the pay scale in addition to the MACP upgradations totally independent of Modified ACP Scheme to grant more additional benefit to them. Accordingly if three functional promotions are not available to the government employee within 30 years of service, the employees should get total four financial benefits on completion of 30 years of service after joining the job as Inspector of Central Excise-three as MACP upgradations and one as time scale as part of the pay scale on completion of 4 years of service after Ist promotion as Superintendent. But very unfortunately due to the unreasoned and unlawful clarifications issued by the authorities, the officers joining as Inspector of Central Excise and promoted to the post of the Superintendent of Central Excise are able to get merely total two financial benefits after 30 years or even more service which they were able to get under ACP Scheme within only 24 years.
7. As far as the State governments like Uttar Pradesh etc. are concerned, total four financial benefits are being granted to their employees within 26 years of service without any offsetting of MACP upgradation with the time scale. One may say that MACP Schemes adopted by the Central governments and State governments have no relation but this notion is not correct because both of the MACP Schemes have been originated from the same source, i.e., 6th CPC.
8. In view of the above, it is requested that none of the MACP upgradations may kindly be offset with the time scale to grant the actual benefit to the officers for the sake of justice.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The DG, HRD, CBEC, New Delhi.
2) The ADG (HRM), HRD, CBEC, New Delhi.
(RAVI MALIK)
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for communication: Secretary General:
Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob. 09871483585)
(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. 110/H/13 Dt. 17.05.13
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Transfer of Sh. Thandilal Meena, President of Vapi/Daman Unit, to Surat.
Madam,
It is submitted with due regards that Sh. Thandilal Meena, the President of Vapi/Daman Unit of the Association, has been transferred to to Surat out of the jurisdiction of the Vapi/Daman Commissionerate vide AGT Estt. Order No. 40/2013 Dt. 14.05.13 o/o the Cadre Controlling Chief Commissioner. As the issue of the harassment to the office bearers & staffside and transfer of the office bearers of the Association to outstations is regularly being brought to your kind notice and you were always kindenough to assure the Association that no office bearer/staff would ever be harassed by field formations, it is also a burning example of harassment seeking your kind intervention.
2. In this regard, your kind attention is invited to the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs”. The point No. VI of the above referred Board Circular very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 regarding transfer & posting of Association functionaries should be observed strictly read with further amendments, if any. As per the said instructions of DOPT, the Association functionaries are not to be transferred to outstations.
3. As per the decades long established practice also, the Association functionaries were never being transferred to outside of the jurisdictional area of the concerned Commissionerate by the cadre controlling authorities scattered as attached & subordinate offices of CBEC throughout the country. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as OM No. 16/18/2008-JCA Dt. 03.09.12 also says that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable in comparison to the DOPT guidelines on the issue.
4. It has again been clarified/reiterated latestly by the DOPT in this regard vide F.No. 16/18/2008-JCA Dt. 17.04.13 sent to Sh. Ajit Gambhir, Director, Ad IV of CBEC that, “In such of the Government departments/offices where a different practice is being followed now, the existing practice, if not less favourable, may continue.”
5. Moreover, this All India Body is having its units throughout India at Commissionerate levels. This body is having its separate units for Vapi/Daman and Surat with different sets of office bearers. Sh. Thandilal Meena is the President of Vapi/Daman Unit. For Surat Unit, the Association is having another officer as President. If Sh. Thandilal Meena is transferred out of Vapi/Daman Commissionerate, there will be no President of Vapi/Daman Unit to look after the Association work and other staff welfare activities. His transfer outside the Vapi/Daman Commissionerate will jeopardise the interest and welfare of the members of the Association.
6. In view of the above, it is requested that Sh. Thandilal Meena may kindly be retained at Vapi/Daman Commissionerate and not be transferred to Surat Commissionerate outside the jurisdiction of Vapi/Daman Commissionerate. If he is transferred outside the Vapi/Daman Commissionerate, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking of Association with the administration & staffside both.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
