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. 112/OS/13
Dt. 20.05.13
REMINDER
To,
Sh. Sumit Bose,
The Secretary, Department of Revenue,
North
Block, New Delhi.
Sub: Undoing
the offsetting of MACP upgradation with the time scale.
Sir,
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.
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. 113/OS/13
Dt. 20.05.13
REMINDER
To,
Sh. P. K. Mishra,
Secretary, DOPT,
North Block, New Delhi.
Sub: Undoing
the offsetting of MACP upgradation with the time scale.
Sir,
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.
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. 114/OS/13 Dt. 20.05.13
REMINDER
To,
Ms. Praveen
Mahajan,
The Chairperson, 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.
