ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President:
Address for communication:
Secretary General:
A.
Venkatesh 240,
Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba
Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish
Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V.
Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N.
Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay
Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C.
S. Sharma T reasuer: N. R. Manda Organising Secretary: Soumen
Bhattachariya
(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. 306/AIB/M/18 Dt.
22.11.18
To,
The
Secretary DOPT,
North
Block, New Delhi.
Sub: MACP upgradation in the
promotional hierarchy.
Sir,
Your
kind attention is invited to the verdict given by the Hon’ble Apex Court in SLP
No. 77457/2017 in r/o the order Dt. 23.03.17 given by the Hon’ble High Court of
Delhi in WP No. 2634/2017 in which the Apex Court said,“Once the question,
in principle, has been settled, it is only appropriate on the part of the
Government of India to issue a circular so that it will save the time of the
court and the Administrative Departments apart from avoiding unnecessary and
avoidable expenditure.” The Hon’ble Court further directed the Government of
India to immediately look into the matter and issue appropriate orders so that
people need not unnecessarily travel either to the Tribunal or the High Court
or the Supreme Court.
2. Your kind attention is
also invited to the orders of Hon'ble Supreme Court in P.K. & Ors. V. K.
Kapoor & Anr. JT 2007 (12) 439, Inderpal Singh Yadav & Ors., State of
Maharashtra Vs. Tukaram Trymbak Choudhary by order dated 20.02.2007, Dt.
17.10.14 in the Civil Appeal No. 9849 of 2014 in the matter of State of Uttar
Pradesh & Ors Vs. Arvind Kumar Srivastava & Ors etc. mandating to
give the benefit of court verdict to all equally placed persons. The
Hon'ble Supreme Court in the judgment Dt. 17.10.14 in the Civil Appeal No. 9849
of 2014 in the matter of State of Uttar Pradesh & Ors Vs. Arvind Kumar
Srivastava & Ors held as under:
“Normal rule is that when a particular set of
employees is given relief by the Court, all other identically situated persons
need to be treated alike by extending that benefit. Not doing so would amount
to discrimination and would be violative of Article 14 of the Constitution of
India. This principle needs to be applied in service matters more
emphatically as the service jurisprudence evolved by this Court from time to
time postulates that all similarly situated persons should be treated
similarly. Therefore, the normal rule would be that merely because other
similarly situated persons did not approach the Court earlier, they are not to
be treated differently.”
3. Despite of the above verdicts, the
officers are forced to go to the CAT/High Court even in same matters which have
already been finalized/settled by the Hon’ble High Courts/Apex Court. The
verdicts, in which no appeal has been made, are also not being implemented. The
benefit of the court verdicts in the settled issues is being given only to the
petitioners/applicants instead of implementing in rem.
4. Your kind attention is also invited
to the order Dt. 27.09.18 of the Hon’ble High Court of Delhi in W.P.(C)
11277/2016 taking serious note against the CBIC letters like F. No.
A-18013/3/2007-Ad.IV(A) Dt. 05.09.07 and F. No. A-32022/26/2013/-Ad.IIIA Dt.
13.12.13. These letters say, “in cases where the Court orders are adverse to
the interest of the department/Government, such orders should not be
implemented without clearance of the Board”. The Hon’ble High Court took strong
exception to these letters and was prima facie of the opinion that such letters
invite contempt of Court. However, at the request of the ASG, the Hon’ble Court
refrained from passing further orders and offered an opportunity to the CBIC to
withdraw the letter. Thus, it is very clear that any government
department including nodal departments like DOPT & Expenditure is never
above the Hon’ble Court and it is contemptuous not to follow the court orders. No
need also to say that the issuance of any communication like letter Dt.
05.09.07 and 13.12.13 of CBIC (now withdrawn vide F. No. C-18012/3/2015-Ad.II B
Dt. 12.10.18 of CBIC in compliance of the directions of the Hon’ble High Court
of Delhi) amounts to be contempt of the legal court.
5. The DOPT OM issued vide No.
28027/9/99-Estt.(A) Dt. 01.05.2000 also contains the contemptuous content like
the above referred CBIC letters Dt. 05.09.07 and 13.12.13. So, no need to say
that the said letter of the DOPT or any other letter/s of DOPT/any other
department containing the contemptuous matter to the Hon’ble courts is/are also
required to be withdrawn.
6. Further,
your kind attention is invited to the verdict given by the Hon’ble
High Court of Chandigarh in CWP No. 19387/2011 confirming the order Dt.
31.05.11 of Chandigarh CAT for grant of MACP upgradation in the promotional
hierarchy. The Hon’ble
Supreme Court of India has also dismissed the SLP No. 7467/2013 filed by the Government against the above judgement
settling the issue as the law of land. The
Grade Pay of Rs. 5400/- in PB2 (Level-9) being a new pay slab and not being
existed in the promotional hierarchy, the para 8.1 of the MACP instructions is also
automatically amounts to be scrapped based on the said verdict of the Apex Court.
7. Thus, the government is supposed to
issue the appropriate order as per the verdict given in SLP No. 77457/2017
without forcing every employee to approach the legal court as mentioned under
very first para and also in view of the second para above. If every employee is
forced to go to the legal court on an already settled issue, no need to say
that it would not only be the wastage of the precious time of the courts but it
would also be the wastage of the precious time and money of the government and
also inappropriate use of the manpower. If the officers are not forced to go
for unwarranted litigations, their hard earned money, energy and time will
be saved enabling their energy and time to be utilized in a positive manner for
Nation building. It would also save the huge litigation cost being incurred by
the Govt. on such legal cases.
8. In
view of the above, it is requested that the due circular may kindly be issued-
i)
to grant MACP upgradation in the promotional hierarchy.
ii)
to scrap the para 8.1 of the MACP instructions.
iii) to
withdraw the DOPT OM issued vide No. 28027/9/99-Estt.(A) Dt. 01.05.2000 or any
such OM/letter/order/instruction/direction of the Govt. of India.
Thanking you,
Yours
sincerely,
(RAVI
MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President:
Address for communication:
Secretary General:
A.
Venkatesh
240, Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba
Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee,
Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V. Sriniwas,
T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra
(East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava
(North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar
(Central)
Office Secretary: C.
S. Sharma T reasuer: N. R. Manda Organising Secretary: Soumen
Bhattachariya
(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. 307/AIB/M/18 Dt.
22.11.18
To,
The
Secretary DOPT,
North
Block, New Delhi.
Sub: Stepping-up of pay under
MACPS/ACPS.
Sir,
Your
kind attention is invited to the verdict given by the Hon’ble Apex Court in SLP
No. 77457/2017 in r/o the order Dt. 23.03.17 given by the Hon’ble High Court of
Delhi in WP No. 2634/2017 in which the Apex Court said,“Once the question,
in principle, has been settled, it is only appropriate on the part of the
Government of India to issue a circular so that it will save the time of the
court and the Administrative Departments apart from avoiding unnecessary and
avoidable expenditure.” The Hon’ble Court further directed the Government of
India to immediately look into the matter and issue appropriate orders so that
people need not unnecessarily travel either to the Tribunal or the High Court
or the Supreme Court.
2. Your kind attention is
also invited to the orders of Hon'ble Supreme Court in P.K. & Ors. V. K.
Kapoor & Anr. JT 2007 (12) 439, Inderpal Singh Yadav & Ors., State of
Maharashtra Vs. Tukaram Trymbak Choudhary by order dated 20.02.2007, Dt.
17.10.14 in the Civil Appeal No. 9849 of 2014 in the matter of State of Uttar
Pradesh & Ors Vs. Arvind Kumar Srivastava & Ors etc. mandating to
give the benefit of court verdict to all equally placed persons. The
Hon'ble Supreme Court in the judgment Dt. 17.10.14 in the Civil Appeal No. 9849
of 2014 in the matter of State of Uttar Pradesh & Ors Vs. Arvind Kumar
Srivastava & Ors held as under:
“Normal rule is that when a particular set of
employees is given relief by the Court, all other identically situated persons
need to be treated alike by extending that benefit. Not doing so would amount
to discrimination and would be violative of Article 14 of the Constitution of
India. This principle needs to be applied in service matters more
emphatically as the service jurisprudence evolved by this Court from time to
time postulates that all similarly situated persons should be treated
similarly. Therefore, the normal rule would be that merely because other
similarly situated persons did not approach the Court earlier, they are not to
be treated differently.”
3. Despite of the above verdicts, the
officers are forced to go to the CAT/High Court even in same matters which have
already been finalized/settled by the Hon’ble High Courts/Apex Court. The
verdicts, in which no appeal has been made, are also not being implemented. The
benefit of the court verdicts in the settled issues is being given only to the
petitioners/applicants instead of implementing in rem.
4. Your kind attention is also invited
to the order Dt. 27.09.18 of the Hon’ble High Court of Delhi in W.P.(C)
11277/2016 taking serious note against the CBIC letters like F. No.
A-18013/3/2007-Ad.IV(A) Dt. 05.09.07 and F. No. A-32022/26/2013/-Ad.IIIA Dt.
13.12.13. These letters say, “in cases where the Court orders are adverse to
the interest of the department/Government, such orders should not be implemented
without clearance of the Board”. The Hon’ble High Court took strong exception
to these letters and was prima facie of the opinion that such letters invite
contempt of Court. However, at the request of the ASG, the Hon’ble Court
refrained from passing further orders and offered an opportunity to the CBIC to
withdraw the letter. Thus, it is very clear that any government
department including nodal departments like DOPT & Expenditure is never
above the Hon’ble Court and it is contemptuous not to follow the court orders. No
need also to say that the issuance of any communication like letter Dt.
05.09.07 and 13.12.13 of CBIC (now withdrawn vide F. No. C-18012/3/2015-Ad.II B
Dt. 12.10.18 of CBIC in compliance of the directions of the Hon’ble High Court
of Delhi) amounts to be contempt of the legal court.
5. The DOPT OM issued vide No.
28027/9/99-Estt.(A) Dt. 01.05.2000 also contains the contemptuous content like
the above referred CBIC letters Dt. 05.09.07 and 13.12.13. So, no need to say
that the said letter of the DOPT or any other letter/s of DOPT/any other
department containing the contemptuous matter to the Hon’ble courts is/are also
required to be withdrawn.
6.
Further, your kind attention is invited to the verdict given by the Hon’ble
Supreme Court in the Special Leave to Appeal
(Civil) No.7278 of 2011 filed by the CBIC by dismissing it on 02.05.11 in Ashok Kumar case involving the issue of stepping-up of pay, if juniors
are getting more pay than seniors on account of ACP/MACP upgradation. General
implementation of this issue is also awaited even after being settled at the
level of Apex Court years ago.
7. Thus, the government is supposed to
issue the appropriate order as per the verdict given in SLP No. 77457/2017
without forcing every employee to approach the legal court as mentioned under
very first para and also in view of the second para above. If every employee is
forced to go to the legal court on an already settled issue, no need to say
that it would not only be the wastage of the precious time of the courts but it
would also be the wastage of the precious time and money of the government and
also inappropriate use of the manpower. If the officers are not forced to go
for unwarranted litigations, their hard earned money, energy and time will
be saved enabling their energy and time to be utilized in a positive manner for
Nation building. It would also save the huge litigation cost being incurred by
the Govt. on such legal cases.
8. In
view of the above, it is requested that the due circular may kindly be issued-
i)
to step up the pay, if juniors are
getting more pay than seniors on account of ACP/MACP upgradation.
ii)
to withdraw the DOPT OM
issued vide No. 28027/9/99-Estt.(A) Dt. 01.05.2000 or any such
OM/letter/order/instruction/direction of the Govt. of India.
Thanking you,
Yours
sincerely,
(RAVI
MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President: Address for
communication:
Secretary General:
A.
Venkatesh
240, Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba
Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish
Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V.
Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N.
Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay
Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C.
S. Sharma T reasuer: N. R. Manda Organising Secretary: Soumen
Bhattachariya
(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. 308/AIB/A/18 Dt.
22.11.18
To,
Sh.
S. Ramesh,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Implementation of the order given
on 24.02.95 in OA No. 541/1994 by Jabalpur CAT.
Sir,
Kindly refer to the various requests
of the Association on the subject mentioned matter.
2.
It is to submit with due
regards that Jabalpur CAT vide subject mentioned order directed for the payment
of the arrears of the pay to our officers at par with the CBI Inspectors w.e.f.
01.01.86, if pay commission recommends the same pay scale for both categories
of Inspectors. No need to say that the pay commission recommended the same pay
scale for both categories. It is further submitted that all of the then Central
Excise Inspectors have already become Superintendents.
3. No appeal was made against the
order of the CAT but the implementation of the same is still awaited even after
expiry of more than 23 years despite of the repeated requests of the
Association.
4. The issue is already
settled because no appeal was made against this order and time to file appeal
has expired years ago.
5. In view of the above, it is
requested to kindly implement
the said order at an early date particularly considering the fact that our
officers are retiring on regular basis without getting its benefit.
Thanking you,
Yours
sincerely,
(RAVI
MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President: Address for
communication:
Secretary General:
A.
Venkatesh
240, Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: Apurba
Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish
Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan (South); K.V.
Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N.
Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay
Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central)
Office Secretary: C.
S. Sharma T reasuer: N. R. Manda Organising Secretary: Soumen
Bhattachariya
(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. 309/AIB/R/18 Dt.
22.11.18
To,
Sh.
S. Ramesh,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Implementation of the order given
on 01.3.17 in OA No. 2323/2012 by Delhi CAT.
Sir,
Kindly refer to the various requests
of the Association on the subject mentioned matter.
2. It is to
submit with due regards that the Association filed the said OA seeking
amendments/revision of the Recruitment Rules to bring all the Inspectors (i.e.
Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular
year through All India Combined Examination in parity to maintain the principle
of equal opportunity & equality before law and to save the senior Central Excise officers from
humiliation of working under their juniors of Customs belonging to the same cadre of Inspector
in CBIC. Accordingly, the Govt. undertook
before the CAT that the amendment of the Recruitment Rules to the said effect
is already under process.
3.
The
CAT
directed to expedite the process of the amendment of the Recruitment Rules by taking effective steps for
Notification of the Recruitment Rules, within a reasonable period, preferably
within four months from the date of the receipt of a copy of the order. In this regard, it is worth to mention that the four months have already expired year ago but the directions of the CAT have not been followed. It is also worth to
mention that the Association has no option except going to the contempt in the
matter as being advised by the advocate.
4. The issue is already settled because no appeal has been made against
this order and the time to file the appeal has also already expired but the implementation of the same is
still awaited despite of the repeated requests of the Association.
5. In view of the above, it is
requested to kindly implement
the said order at an early date to bring all the Inspectors (i.e., Inspectors
of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular
year through All India Combined Examination at par in the matter of promotions
to save the senior Central Excise/CGST officers from humiliation of working under their juniors of Customs.
Thanking you,
Yours
sincerely,
(RAVI
MALIK),
Secretary General.
