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); A. K. Sharma, 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. 204/P/14
Dt.
30.10.14
To,
Ms. J. M. Shantisundharam,
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Message of the Chairperson Dt. 28.10.14.
Madam,
Your kind
attention is invited to your message Dt 28.10.14
2. It is
submitted with due regards that some CSS officers starting from DS level and
upto the lowest level of Section Officer have been applauded by your goodself
by name in your message which may be a very good thing for them. But
unfortunately, none of our officers has been applauded by you by name ignoring
the fact that our Central Excise Executive Officers including the Inspectors
and Superintendents actually did the full time job sitting in the office day
& night for many months in very extraordinary manner to materialize the
promotion orders. No need to submit that they did this specific work which was
supposed to be done by some others. And miraculously, they also performed their
executive duties alongwith.
3. Their missing
names in your message shall have a demoralizing effect on them despite of
multi-expert work being done by them. Instead of it, their morale should kindly
have been boosted by mentioning their specific names by your goodself. No need
to submit that S/Sh. Mahender Singh & Yogenra Garg alongwith their team
comprising of S/Sh. Ranjit Kumar, Prashant Jha, Ashwani Lau, Anil Agarwal,
Jitendra Singh, Amreek Singh, Rajneesh Gupta, Abhisek Sangwan and other
concerned staff etc. have done a very remarkable work. We should also not
forget the names like Ms. Neeraja Shah, Ms. Renu Jagdev, Sh. V. K. Singh and
may be many more. Sh. Ashwani Lau requires a very specific appreciation in the
matter being hundred percent involved in the work and showing his multi-skilled
talent.
4. In view of above, it is very
much requested to kindly recognize & appreciate the contribution of all of
other remaining names for the historic work done by them which they are
supposed to do until DPC work for the post of Asstt. Commissioner is
streamlined in the CBEC by following the modal years as per the guidelines and
schedule prescribed by the DOPT. No need to submit that we are still behind by
two modal years in the matter.
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); A. K. Sharma, 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. 205/MACP/14
Dt.
30.10.14
To,
Ms. J. M. Shantisundharam,
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Grant of MACP upgradation in promotional hierarchy.
Madam,
Kindly refer to the various earlier
communications of the Association on the subject.
2. It is again submitted with due
regards that the
Hon’ble Supreme Court of India vide order in SLP No. 7467/2013 filed
by the Govt. 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. The same
verdict has also been given by the Principal Bench of the Hon’ble Central Administrative
Tribunal in the OA No. 904/2012 and 864/2014.
2. The same verdict has been given recently by the Madras High
Court in W.P. No. 11535/14 and M.P. No. 1/14 on 16.10.14 undoing the para 8.1
of MACPS (copy of the judgement enclosed herewith). Thus, so many legal
verdicts have been given by various courts including the Supreme Court but no
relief is being given by the government/CBEC to its officers on the issue.
3. Para 8.1 of
MACPS and offset of the MACP upgradation with time scale are not in consonance of
the legal verdicts and are liable to be scrapped w.e.f. the very initiation.
The offset of the MACP upgradation is also liable to be scrapped 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.
4. The Principal
Bench of the Hon’ble Central Administrative Tribunal (CAT), New Delhi has also
directed to implement the judgement of the Hon’ble Punjab & Haryana High
Court in Union of India & others vs. Raj Pal & another (CWP
No.19387/2011) vide its order dt. 15.09.14 in OA No.2553/2013.
5. In view of the above, it is requested that the said para 8.1 of
MACPS instructions may kindly be scrapped and the
financial upgradations under the MACP scheme may be granted in accordance of
the promotional hierarchy without offsetting the MACP upgradation with the time
scale. Thus, the officers already getting the grade pay of Rs. 5400/- as time
scale should be granted a grade pay of Rs. 6600/- on next MACP upgradation
without offsetting with the time scale. No need to submit that the matter is
not required to be referred to the DOPT/any nodal department because no department is above the
judiciary. More employees are also not required to approach any legal court to
get the due benefit as per the principle of res-judicata and also various legal
verdicts based on this principle. The CBEC may kindly issue the due circular
based on the above judgements on its own to grant the benefit to its employees
taking the matter seriously.
Thanking
you,
Yours faithfully,
Encl: As above.
(RAVI MALIK),
Secretary General.
