" 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.

Thursday, 9 October 2014

MACP

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); 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. 192/SU/14                                                                          Dt. 09.10.14
To,                                                        
Ms. J. M. Shantisundharam,                                            
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                             x) Ref. No. 226/SU/13 Dt. 06.08.13
xi) Ref. No. 03/SU/14 Dt. 02.01.14                               xii) Ref. No. 53/SU/14 Dt. 10.03.14 etc. and
xiii) various verbal submissions to administration.                      
2. It is submitted with due regards & great disappointment that no heed is being paid to the matter despite of the repeated requests and the same is pending for more than three years. The issue has already been settled finally by the Hon’ble Supreme Court for CBEC vide the verdict dt. 02.05.11 in SLP(C) No. CC 7278/11 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. It is very surprising that the officers are not being given benefit in CBEC even after the issue being finally settled by the Apex Court. Many of our senior officers particularly entered into the job through Ministerial cadre have been suffering with recurring & irreparable loss due to the prolonged inaction on the issue. Under the principle of res judicata, various courts including the Hon’ble Supreme Court have already given various verdicts saying that similarly placed officers not need to approach the legal courts on the similar issue already settled by the legal Court. Moreover, the verdict given by the Hon’ble Supreme Court is always treated as the law of the land and no Govt. department including DOPT or any other nodal department/Ministry/organisation is above the judiciary. 
4. In view of the above, it is once again requested that the much awaited general order based on the verdict given by the Hon’ble Apex Court for CBEC may kindly be issued on the subject matter at an early date to grant the due benefit of the stepping up of pay to the concerned officers. An immediate action is very much requested.
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); 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. 191/MACP/14                                                                          Dt. 08.10.14
To,      
Ms. Joy Kumari Chander,
The Member (P&V), CBEC,
North Block, New Delhi.
Sub: Grant of MACP upgradation in promotional hierarchy.
Madam,
Kindly refer to the earlier communications of the Association.
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. Further, the Principal Bench of Central Administrative Tribunal has very specifically ordered in O.A. No.864/2014-
“In our considered view, once an order has been passed by this Tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. The respondents, therefore, should have considered the representations of the applicants on merits.”
3.  Para 8.1 of MACPS and offset of the MACP upgradation with time scale are not in consonance to the verdict given by the Hon’ble Supreme Court 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. Latestly also, the Principal Bench of the Hon’ble Central Administrative Tribunal (CAT), New Delhi has 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 get 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 and more employees are also not required to approach any legal court to get the due benefit. The CBEC may kindly issue the due circular based on the above judgements on its own to grant the benefit to its employees.
            Thanking you,
Yours faithfully,


(RAVI MALIK),

Secretary General.