" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Monday, 5 August 2013

Stepping up of pay of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.



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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
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
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. 225/Pay/13                                                                               Dt. 06.08.13
                                                                                                                        REMINDER
To,                                                        
Ms. Praveen Mahajan,                                                    
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II(A) Dt. 08.03.95.
Madam,
Kindly refer to the circular of the CBEC issued vide  F. No. A-26017/44/94-Ad II(A) Dt. 08.03.95 circulated to all Principal Collectors & Collectors of Central Excise & Customs (enclosed herewith).
2. It is submitted with due regards that the Association has been regularly mentioning the above circular before the CBEC authorities with the request to implement the same but the circular is not being implemented. This circular was issued based on the Jabalpur CAT orders in OA No. 541 of 1994 but the implementation of the same is still awaited. The said CAT orders were never challenged by the government. It is also worth to mention that the all of the then Inspectors have now become Superintendents.
3. In view of the above, it is requested that the above referred circular of the CBEC may kindly be implemented at the earliest. It is also well pertinent to mention in this regard that there was no condition in the CAT orders to consult the Expenditure.
Thanking you,
                                                                                                                                                 Yours faithfully,           
Encl: As above. 
(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
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
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. 226/SU/13                                                                               Dt. 06.08.13
                                                                                                                     REMINDER
To,                                                         
Ms. Praveen Mahajan,                                                    
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Stepping up of pay of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.
Madam,
            Kindly refer to the following communications of the Association-
i) Ref. No. 171/11 Dt.21.09.11
ii) Ref. No. 206/11 Dt.17.11.11
iii) Ref. No. 22/meet/12 Dt. 22.08.12
iv) Ref. No. 25/12 Dt. 17.02.12
v) Ref. No. 51/meet/12 Dt. 08.10.12
vi) Ref. No. 69/M/12 Dt. 02.11.12
vii) Ref. No. 11/M/12 Dt. 24.01.13
viii) Ref. No. 76/M/13 Dt. 01.05.13  
ix) Ref. No. 197/SU/13 Dt. 04.07.13 etc.
Also refer to the letter F.No. A-23011/06/2011/Ad.IIA Dt. 26.06.13 of the CBEC.
2. It is submitted with due regards that the clarification issued vide above referred letter F.No. A-23011/06/2011/Ad.IIA Dt. 26.06.13 of the CBEC is incomplete and has been issued on the basis of the some CAT judgements but totally ignoring the verdict given by the Hon’ble Apex Court. The issue of stepping up of pay regarding ACPS has been linked to pay revision of 2004 instead of issuing a general & complete clarification based on Supreme Court verdict dt. 02.05.11 in SLP(C) No. CC 7278/11. The issue has already been settled finally by the Hon’ble Supreme Court vide the said verdict granting the benefit of stepping up of the pay to seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.
3. If a complete & exhaustive clarification is not issued based on Supreme Court verdict, many of our senior officers particularly entered into the job through Ministerial cadre will suffer with recurring loss due to the inaction of the concerned section on the issue. It is really very unfortunate that even the Apex Court is being given no importance by the concerned section while they are ready to pay every heed to the CAT in this matter. This act of the concerned section merely seems to be amounting to the contempt of the Hon’ble Supreme Court because similarly placed officers not need to approach the legal courts on the similar issue already settled by the Apex Court. On such issue, the government is required to implement the court orders in general.
4. In view of the above, it is requested that the much awaited general clarification may kindly be issued on the issue at an early date based on the verdict given by the Hon’ble Apex Court.
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
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
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. 221/MACP/13                                                                          Dt. 05.08.13
                                                                                                                        REMINDER
To,                                                                                                                           
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Madam,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12,
xix) Ref. No. 117/MACP/13 Dt. 22.05.13,
xx) Ref. No. 118/MACP/13 Dt. 22.05.13,
xxi) Ref. No. 119/MACP/13 Dt. 22.05.13,
xxii) Ref. No. 120/MACP/13 Dt. 22.05.13 etc.
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single paisa. The financial benefit is the basic feature of ACPS or MACPS which is lacking, if the same grade pay of Rs. 5400/- is treated as separate grade pays in PB2 & PB3 for the purpose of MACPS (Modified ACPS). The MACP guidelines notified by the government vide its resolution dt. 29.08.13 very clearly say that the employee should get the next higher grade pay on MACP upgradation.
3. It was also neither recommended by the 6th CPC nor resolved by the government in the notification dt. 29.08.13 issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. Under original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. While under MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two by the concerned authorities without application of mind. Thus, scheme has been de-modified instead of being modified and, thus, Modified ACPS is being proved to be lossful to our officers instead of being beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS/MACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit to the officers at the time of entering into PB3 from PB2. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4. This is the gross discrimination to the group ‘B’ officers. A single grade pay of Rs. 5400/- has also been bifurcated into two grade pays with no financial difference only to discriminate the group ‘B’ officers.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, only the next higher grade pay should be granted on MACP upgradation. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is the same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- by virtue of the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade pay. The bifurcation of single grade pay of Rs. 5400/- into two as PB2 and PB3 without any financial difference has been done under para 8.1 without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice. It is totally arbitrary, illegal and discriminatory.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be scraped and the financial upgradations under the scheme may be granted in accordance of the higher grades pays as notified in the above referred notification/resolution dt. 29.08.08.
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
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
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. 222/MACP/13                                                                          Dt. 05.08.13
                                                                                                                          REMINDER
To,                                                         
Sh. Sumit Bose,                                                               
The Secretary, Department of Revenue,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Sir,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12,
xix) Ref. No. 117/MACP/13 Dt. 22.05.13,
xx) Ref. No. 118/MACP/13 Dt. 22.05.13,
xxi) Ref. No. 119/MACP/13 Dt. 22.05.13,
xxii) Ref. No. 120/MACP/13 Dt. 22.05.13,
xxiii) Ref. No. 221/MACP/13 Dt. 05.08.13 etc. 
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single paisa. The financial benefit is the basic feature of ACPS or MACPS which is lacking, if the same grade pay of Rs. 5400/- is treated as separate grade pays in PB2 & PB3 for the purpose of MACPS (Modified ACPS). The MACP guidelines notified by the government vide its resolution dt. 29.08.13 very clearly say that the employee should get the next higher grade pay on MACP upgradation.
3. It was also neither recommended by the 6th CPC nor resolved by the government in the notification dt. 29.08.13 issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. Under original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. While under MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two by the concerned authorities without application of mind. Thus, scheme has been de-modified instead of being modified and, thus, Modified ACPS is being proved to be lossful to our officers instead of being beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS/MACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit to the officers at the time of entering into PB3 from PB2. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4. This is the gross discrimination to the group ‘B’ officers. A single grade pay of Rs. 5400/- has also been bifurcated into two grade pays with no financial difference only to discriminate the group ‘B’ officers.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, only the next higher grade pay should be granted on MACP upgradation. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is the same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- by virtue of the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade pay. The bifurcation of single grade pay of Rs. 5400/- into two as PB2 and PB3 without any financial difference has been done under para 8.1 without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice. It is totally arbitrary, illegal and discriminatory.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be scraped and the financial upgradations under the scheme may be granted in accordance of the higher grades pays as notified in the above referred notification/resolution dt. 29.08.08.
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
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
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. 223/MACP/13                                                                          Dt. 05.08.13
                                                                                                                         REMINDER                                                                         
To,                                                                                                                           
Dr. Syamal Kumar Sarkar,
Secretary, DOPT,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Sir,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12,
xix) Ref. No. 117/MACP/13 Dt. 22.05.13,
xx) Ref. No. 118/MACP/13 Dt. 22.05.13,
xxi) Ref. No. 119/MACP/13 Dt. 22.05.13,
xxii) Ref. No. 120/MACP/13 Dt. 22.05.13,
xxiii) Ref. No. 221/MACP/13 Dt. 05.08.13,
xxiv) Ref. No. 222/MACP/13 Dt. 05.08.13 etc. 
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single paisa. The financial benefit is the basic feature of ACPS or MACPS which is lacking, if the same grade pay of Rs. 5400/- is treated as separate grade pays in PB2 & PB3 for the purpose of MACPS (Modified ACPS). The MACP guidelines notified by the government vide its resolution dt. 29.08.13 very clearly say that the employee should get the next higher grade pay on MACP upgradation.
3. It was also neither recommended by the 6th CPC nor resolved by the government in the notification dt. 29.08.13 issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. Under original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. While under MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two by the concerned authorities without application of mind. Thus, scheme has been de-modified instead of being modified and, thus, Modified ACPS is being proved to be lossful to our officers instead of being beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS/MACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit to the officers at the time of entering into PB3 from PB2. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4. This is the gross discrimination to the group ‘B’ officers. A single grade pay of Rs. 5400/- has also been bifurcated into two grade pays with no financial difference only to discriminate the group ‘B’ officers.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, only the next higher grade pay should be granted on MACP upgradation. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is the same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- by virtue of the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade pay. The bifurcation of single grade pay of Rs. 5400/- into two as PB2 and PB3 without any financial difference has been done under para 8.1 without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice. It is totally arbitrary, illegal and discriminatory.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be scraped and the financial upgradations under the scheme may be granted in accordance of the higher grades pays as notified in the above referred notification/resolution dt. 29.08.08.
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
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                             Mob. 09868816290
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. 224/MACP/13                                                                          Dt. 05.08.13
                                                                                                                        REMINDER
To,                                                         
Ms. Praveen Mahajan,                                                    
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS instructions.
Madam,
Kindly refer to the following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii) Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x) Ref. No. 89/11 Dt. 09.06.11,
xi) Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii) Ref. No. 165/11 Dt.14.09.11,
xiv) Ref. No. 166/11 Dt.14.09.11,
xv) Ref. No. 167/11 Dt.14.09.11,
xvi) Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii) Ref. No. 25/12 Dt. 17.02.12,
xix) Ref. No. 117/MACP/13 Dt. 22.05.13,
xx) Ref. No. 118/MACP/13 Dt. 22.05.13,
xxi) Ref. No. 119/MACP/13 Dt. 22.05.13,
xxii) Ref. No. 120/MACP/13 Dt. 22.05.13,
xxiii) Ref. No. 221/MACP/13 Dt. 05.08.13,
xxiv) Ref. No. 222/MACP/13 Dt. 05.08.13
xxv) Ref. No. 223/MACP/13 Dt. 05.08.13etc. 
 2. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/- in PB2 and PB3 as separate grade pays which is unlawful because of not having the difference of even a single paisa. The financial benefit is the basic feature of ACPS or MACPS which is lacking, if the same grade pay of Rs. 5400/- is treated as separate grade pays in PB2 & PB3 for the purpose of MACPS (Modified ACPS). The MACP guidelines notified by the government vide its resolution dt. 29.08.13 very clearly say that the employee should get the next higher grade pay on MACP upgradation.
3. It was also neither recommended by the 6th CPC nor resolved by the government in the notification dt. 29.08.13 issued on the basis of the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. Under original ACPS, our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. While under MACPS, they’ll be able to get this grade pay after 30 years or even more of service on account of the un-reasoned classification of a single grade pay of Rs. 5400/- into two by the concerned authorities without application of mind. Thus, scheme has been de-modified instead of being modified and, thus, Modified ACPS is being proved to be lossful to our officers instead of being beneficial as compared to the original ACPS due to the bifurcation of single grade pay of Rs. 5400/- into two without any monetary increase.
5. Single grade pay of Rs. 5400/- has been bifurcated into PB2 and PB3 under MACPS with malafide intention only to defeat the actual purpose of ACPS/MACPS against the recommendations of the 6th CPC as well as resolution of the government Dt. 29.08.08. The original ACPS was introduced to compensate the employees financially/monetarily against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s but the original aim & intention to introduce ACPS are missing in MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit to the officers at the time of entering into PB3 from PB2. The grade pays in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of the maximum of corresponding pre-revised scale of pay while the same have been increased @ 49% of the maximum of corresponding pre-revised scale in the case of PB3 & PB4. This is the gross discrimination to the group ‘B’ officers. A single grade pay of Rs. 5400/- has also been bifurcated into two grade pays with no financial difference only to discriminate the group ‘B’ officers.
7. As per the recommendations of the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para 4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, only the next higher grade pay should be granted on MACP upgradation. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of Rs. 5400/- in PB2. 
            8. It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D) Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated as separate grade pays for the purpose of the grant of financial upgradation under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 & PB-3 is the same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents already in a grade pay of Rs. 5400/- by virtue of the time scale after 4 years of service must be granted the next higher grade pay of Rs. 6600/- at the time of next MACP upgradation.  
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the basis of the recommendations of 6CPC very clearly says that the financial upgradations under MACPS would be granted in the higher grade pay. The bifurcation of single grade pay of Rs. 5400/- into two as PB2 and PB3 without any financial difference has been done under para 8.1 without any justification, reasoning or prudence and is violative of not only the rule of law but is also against the principles of natural justice. It is totally arbitrary, illegal and discriminatory.
10. In view of the above, it is requested that the above said para 8.1 of MACPS instructions may kindly be scraped and the financial upgradations under the scheme may be granted in accordance of the higher grades pays as notified in the above referred notification/resolution dt. 29.08.08.
Thanking you,
                                                                                                                                                Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.