DRAFT ON IV PART TO BE SUBMITTED TO 7TH CPC.

 IV PART. MACP FOR THE CADRE OF SUPERINTENDENT OF CENTRAL EXCISE -AN UNSETTLED ISSUE OF SIXTH PAY COMMISSION RECOMMENDATION.

MACP is said to be the abbreviation of Modified Assured Career Progression Scheme, but the Superintendents of  Central Excise feel that it is Meaningless Assured Career Progression Scheme. The main objective of introducing ACP scheme was to grant financial benefits for the govt servants, those who are not getting promotions due to lack of promotional avenues. Before the introduction of ACP scheme in 1999, many Superintendents of  central excise retired from service without getting  promotion  to AC .Upon introduction of ACP scheme,  direct recruit Inspectors of  central excise  were granted two financial up gradation on the completion of 12 years and 24 years of regular service respectively in the same post. According to the ACP Scheme, the central government employees were to be granted next higher pay scale of their Promotional Hierarchy as financial up gradation under ACP Scheme. So the pay equivalent to the promotional post had been ensured under ACP scheme for the government servants after completion of 12 and 24 years of regular service if they were not granted regular promotion. Many  Inspectors of central excise were benefited by this scheme where there were no promotional avenues available for them. The Sixth CPC recommendation on ACP scheme and government’s decision gave all the central government employees surprise and shock both. The Sixth Central Pay Commission in Para 6.1.15of its report, has recommended Modified Assured Career Progression Scheme (MACPS). As per the recommendations, financial up gradation would be available in the next higher grade pay whenever an employee has completed 12 years continuous service in the same grade. However, not more than two financial upgradations shall be given in the entire career, as was provided in the previous ACP Scheme. The Scheme was  also be available to all posts belonging to Group “A” whether isolated or not. However, organised Group “A” services were  not  covered under the Scheme. The Government has considered the recommendations of the Sixth Central Pay Commission for introduction of a MACPS and has accepted the same with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service. The surprise was that, government’s consideration for modifying the ACP scheme to grant three financial up gradation for central government employees on completion of 10,20 and 30 years of regular service, but its decision to grant immediate next higher Grade Pay in the hierarchy of Grade Pay instead of Promotional Hierarchy is the shock for everyone. The MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the hierarchy of the recommended revised Pay Bands and Grade Pay. For example, if a govt servant appointed as LDC in the grade pay of Rs.1900/-, he will be granted Rs.2000/- Grade Pay as first MACP after completing 10 years of regular service though this Grade Pay is not in the promotional hierarchy of the individual concerned. Whereas the first financial up gradation to be granted under ACP Scheme was to  be Rs. 2400/- Grade Pay on completion of 12 years of regular service as ACP was granted on the basis of promotional hierarchy. As a result of this the Modified ACP Scheme has not served the purpose that it was supposed to. So the Modified Assured Career progression Scheme needs to be modified again. The financial up gradation has to be granted on the basis of Promotional Hierarchy of posts instead of hierarchy of Grade Pay. The Staff Side of National Anomaly committee also reiterated their demand in the last meeting of the Joint Committee of MACP Scheme held on 15.03.2011 under the Chairpersonship of the Joint Secretary (Estt), DOPT that the financial up-gradations under the MACP Scheme should be granted in the promotional hierarchy of posts instead of the Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendations of the 5th CPC and, as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees. In this regard the Judgment of Hon’ble Central Administrative Tribunal, Chandigarh has been upheld by the Honble High Court of Punjab and Haryana at Chandigarh. In a separate case filed in CAT, Principle Bench, New Delhi, to grant next promotional Grade Pay under MACP Scheme, the Honble CAT gave its Judgment in favour of applicants based on the judgments of above cases. The appeal filed by the Government against the judgment of Honble High Court of Punjab and Haryana has been dismissed by the Hon’ble Supreme Court. We have demanded the Central Government to issue necessary instructions for granting financial up gradation under MACP scheme on Promotional hierarchy as per the Court Order. It was required  for the government to come forward to issue the necessary order to grant financial up gradation under MACP scheme in Promotional hierarchy to make this scheme serve its purpose and avoid confusion. We have  also demanded to scrap the para 8.1 of the MACP circular and also not to consider granting of time scale/non functional grade pay  to upset one upgradation under MACP. At the cost of repetition it is to state that  the upgradations under MACP Scheme are being given in the hierarchy of Grade Pays instead of promotional hierarchy. There were no such provisions in the original ACP Scheme.  A lot of confusion was created after the introduction of the Grade Pay structure establishing two distinct hierarchies, promotional and Grade Pay. Promotional hierarchy is also varying department to department. Somewhere Group ‘B’ Gazetted Officers are promoted merely to a post carrying a Grade Pay of Rs. 5400/- in PB3 whereas they are being promoted to a post carrying a Grade Pay of Rs. 6600/- at other places. Like it, somewhere Group ‘B’ Non-Gazetted Officers are promoted to a post carrying a Grade Pay of Rs. 5400/- in PB3 whereas they are being promoted to a post carrying a Grade Pay of Rs. 4800/- or Rs. 4600/- at other places. Somewhere Group ‘B’ Gazetted Officers are placed in a Grade Pay of Rs. 4600/- whereas in Rs. 4800/- and also Rs. 5400/- in PB2 or PB3 at other places. Somewhere promotional hierarchy is 460066008700, somewhere 46004800660076008700 and somewhere it is 460048005400660076008700. Some Group ‘B’ Gazetted Officers have been granted the time scale in PB2 and others in PB3. Due to varying promotional hierarchies, some officers got a Grade Pay of Rs. 7600/- and some Rs. 6600/- on IIIrd MACP upgradation. The worst hit category is the Central Excise Superintendents who are now able to get only a grade pay of Rs. 5400/- after 30 years or more service which they were able to get only after 24 years of service under ACPS. So, the promotional hierarchy after entry into group ‘B’ is required to be made uniform for the sake of justice to all. The posts under the grade pays of Rs. 5400/- & 6600/- and also Rs. 7600/- & 8700/- being functionally same, the ideal promotional hierarchy for all after entry into Group ‘B’ seems only to be 46006600870010000. The officers should also be granted the MACP upgradation under this ideal hierarchy of 46006600870010000 without offsetting the MACP upgradation with the time scale/non functional grade pay. This will give justice to all without any discrimination or disparity. The source of MACPS being one and the same, i.e., common recommendations of the 6^th CPC, it is also worth to mention that the State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the time scale. The offsetting of MACP upgradation with the time scale was also not recommended by the 6th CPC but, very unfortunately, the Government offset the MACP upgradation with the time scale against the recommendations of the Commission. In order to rectify the above said discrepancy, a number of employees approached the legal courts and succeeded. The Hon’ble Supreme Court has also decided that the MACP upgradation shouldn’t be offset with time scale and also the MACP upgradation should be granted in promotional hierarchy. Inspectors and Superintendents of Central Excise Department have been suffering with extraordinarily acute stagnation for decades. There are many who didn't get any promotion for more than 25 years and they are retiring with single promotion on a PB2 post in the career of 35-40 years while their common entry counterparts are easily entering into PB4 with 5-6 promotions after entry into PB2 post. It is also worth to mention that the Central Excise Superintendents & Inspectors are forced to work under their extreme juniors of Customs belonging to one & the same cadre of Inspector and recruited through one & the same process under one & the same organization of CBEC in one & the same department of Revenue of one & the same Ministry of Finance. This discrimination is required to be undone immediately. The parity is the basic concept of our Constitution and the parity in promotions is required to be maintained amongst the similarly placed employees but the Government of India have not initiated any action to maintain parity in promotions as well as pay packages amongst the Group ‘B’ Gazetted  Officers. The group ‘A’ officers have already been granted financial parity by the Government of India by the grant of non-functional financial upgradation to other group ‘A’ officers at par with the counterparts of IAS. The grant of the batch to batch non-functional financial upgradation after entry into group ‘B’ is also the immediate need of the time for all group ‘B’ officers to bring them at par at least financially with the best placed group ‘B’ counterparts like CSS etc.  The Inspectors and Superintendents of Central Excise are being discriminated despite of collecting the major portion of Government revenues and are not being awarded due career prospects as well as appropriate pay packages.             

The 6th CPC introduced the MACPS to modify ACPS. No need to say that anything is always modified to grant more benefit to the stake holders. But MACPS proved to be harmful for the employees as the upgradations granted under MACPS were not in accordance to the ‘Promotional Hierarchy’ and one MACP upgradation was offset with the time scale. On account of following the ‘Grade Pay Hierarchy’, the employees got the benefit of Rs. 200/- only (at the time of upgradation to Rs. 4800/- from Rs. 4600/-) or Rs. nil (at the time of upgradation to Rs. 5400/- in PB3 from Rs. 5400/- in PB2). Finally, one could say that MACPS earned the anomaly of being dragged to the legal courts on the most number of times. The Hon’ble Supreme Court of India vide  SLP No. 7467/2013  filed by the Government  against the judgement of the Hon’ble High Court of Chandigarh in CWP No. 19387/2011 has already confirmed the  order dated 31.05.2011 of Chandigarh CAT for grant of financial upgradation in the promotional hierarchy under MACPS. Para 8.1 is not in consonance to the verdict given by the Hon’ble Supreme Court and is liable to be scrapped w.e.f. its initiation. The offset of the MACP upgradation is also liable to be scrapped w.e.f. its initiation as per the verdict given by the Hon’ble Supreme Court in the case of Delhi Nurses Union (Regd.) Vs. U.O.I. and also by the Hon’ble CAT of Ernakulam in the case of Sh. N.K. Gopinatham Vs.  U.O.I. The MACPS is totally unable to fulfill the basic purpose of grant of financial upgradations to counter stagnation due to the lack of promotional avenues.

There should be the provisions to allow minimum actual 5 promotions on functional basis to Group ‘B’ Gazetted Officers after entry into group ‘B’ like the Group ‘A’ officers in time bound manner or on completion of standard residency periods prescribed by the DOPT. The Time bound promotion scheme should be introduced in all departments particularly including Central Excise Department. If 5 functional promotions are not possible, there should be the provisions of 5 in situ promotions in the functional promotion hierarchy in a time bound manner.  The MACPS is required to be continued in the form of in situ promotional scheme (higher pay scales with higher designation) based on ideal functional and uniform hierarchy of 46006600870010000 to motivate personnel especially in Central Excise and Customs Department where normal promotional avenues are extraordinarily bleak. There must also be the provisions for stepping-up of the pay of seniors at par with the juniors who are elevated on account of ACPS/MACPS in conformity with the decision of Hon’able Apex Court in Ashoke Kumar case. The problem of acute stagnation as existed in the cadre of Superintendent of Central Excise can be solved if a flexible promotional scheme  is being introduced in the cadre of Superintendent of Central Excise, Customs and Service Tax . As per the recommendation of IV CPC the flexible promotional scheme was introduced in the Department of Science and Technology. The V CPC vide chapter 54 of its report  had made a number of recommendations for modification of such Scheme. The DOPT vide Notification No. 2/41/97-Plc, dated 9.11.98 had made the regulation of in situ promotion under such Flexible Promotional Scheme. These have been further reviewed by DOPT  in the light of 6th CPC recommendations and modified Flexible Complementing Scheme  guide lines issued in OM No. AB/4017/37/2008-Esst(R) dated 10.09.10. FCS and MACP both are also applicable simultaneously.

CONCLUSION:

 Therefore , we suggest that  the Honourable 7^th CPC  may be pleased to recommend for introduction of a Flexible promotional/ complementing  scheme  in the cadre of Superintendent of Central Excise , Customs and Service Tax on completion of qualifying years of service in each and every grade as prescribed by DOPT under OM dated 24.03.2009 for granting of at least 5 in –situ promotions in the entire service career of each and every Superintendent of Central Excise, Customs and Service Tax in the promotional hierarchy.