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
Mob.7780255361 mail Id:ravimalik_sweet@yahoo.com Site:
cengoindia.blogspot.in Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Pranave Shekhar (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 Treasuer: 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. 101/AIB/M/19
Dt. 14.05.19
To,
The
Secretary DOPT,
North
Block, New Delhi.
Sub: Modified ACP (MACP) Scheme as accepted
by GOI as per the Resolution No. 1/1/2008 IC Dt. 29.08.08.
Sir,
Your kind
attention is invited to the decision taken by the Govt. of India with
modification on the recommendations of the 6th CPC relating to
structure emoluments/pay and other benefits for Central Govt. employees as
published in the Gazette of India vide MoF, DoE Resolution No. 1/1/2008 IC Dt.
29.08.08.
2. In
Para 4 of Part–A (Annexure-I) of the Resolution relating to ‘Assured Career
Progression Scheme’ (called MACPS), the recommendation of the 6th
Pay Commission and decision of the Govt. thereon have been communicated which
is enclosed as Annexure-A.
3. In
Para 1 of Part–A (Annexure-I) of the Resolution, the recommendation of 6th
CPC on the pay structures of the civilian employees and Government decision
thereon have been communicated, which were notified under CCS (Revised Pay)
Rules, 2008 on 29.08.08 (effective from 01.01.06). According to the statement,
same grade pays are found on multiple times in the hierarchy of pay bands and
grade pays as may be seen from the relevant extract of the statement enclosed
as Annexure-B.
4. Clause(x)(a)/(b)/(e)
of Para 1 of the Resolution as modified and accepted by GOI provides that group B officers of Department of Revenue
(CBIC etc.) will be granted grade pay of Rs. 5400/- in PB-2 (S. No. 16 in the hierarchy)
on non-functional basis after 4 years of regular service in the grade pay of
Rs. 4800/- in PB-2, whereas their counter parts in CSS, CSSS, DANICS/DANIPS etc.
will be given same grade pay of Rs. 5400/- in PB-3 (S.No.17 in the hierarchy)
after 4 years of regular service in GP of Rs. 4800/-. The same was notified
under CCS (Revised Pay) Rules, 2008 on 29.08.08.
5. The
guidelines to operate MACP Scheme to Central Govt. employees were issued vide
DOPT OM No.35034/3/2008-Estt.(D) Dt. 19.05.09 and made effective from 01.09.08.
Resolution relating to ‘Assured Career Progression Scheme’ (called MACPS) mandates that the grade pay shall change at the time of
financial upgradation (FU) under the Scheme and that the grade pay given at the
time of FU under MACPS will be immediate next higher grade pay in the hierarchy
of revised pay bands and grade pays being recommended. However, the
modalities to operate MACP Scheme as recommended by the CPC, modified and
accepted by GOI as mentioned above were overruled and ignored by DOPT/DoE in as
much as the OM dated 19.05.09 deletes the expression ‘the grade pay shall change’, then agrees to grant MACP
upgradation in the immediate next higher grade pay and also inserts Para 8.1 which states that ‘grade pay of Rs.
5400/- in PB-2 and Rs. 5400/- in PB-3 (mentioned at S. No. 16 and 17 in
the hierarchy of revised pay bands and grade pays) shall be treated as separate grade pays for the purpose of MACPS.
This Para 8.1 was wholly arbitrary and contrary to the Resolution in view of
the facts that there was no change in the grade pay from one grade pay (Rs.
5400/-) to another (Rs. 5400/-) as mandated in the Resolution. Secondly, grade
pay of Rs. 4200/- occurs at S. No. 10 to 13 (4 times in the hierarchy of PB
& GP), Rs. 5400/- at S. No. 16 to 19 (4 times in the hierarchy of PB &
GP), Rs. 6600/- at S. No. 20 to 22 (3 times in the hierarchy of PB & GP),
Rs. 7600/- at S. No. 23 to 25 (3 times in hierarchy of PB & GP) etc. without
any change or increase. This demonstrates that MACPS did not envisage financial
upgradation in the next immediate grade pay in the hierarchy of PB and GP but
in the next immediate higher grade pay
and that Para 8.1 was inserted in utter disregard to the CPC recommendations as
well as the modifications and acceptance by the Govt.
6. Unwarranted
Para 8.1 implies that though the GP of Rs. 5400/- in PB-2 and PB-3 when granted
as MACP pgradation would be counted separately but if granted as revised pay on
non-functional basis (NFS) after 4 years of regular service in the GP of Rs. 4800/-
in PB-2, the same would not be hit by Para 8.1. However, DOPT vide FAQ No. 16
issued on 01.04.11 clarified that the
Non-functional Scale granted in GP Rs. 5400/- in PB-3 (or PB-2) would be viewed
as one financial upgradation under MACPS in terms of Para 8.1 itself. Therefore,
neither Para 8.1 nor clarification attributed to Para 8.1 was tenable as the
Resolution of GOI relating to MACPS did not mandate any such condition or
stipulation.
7. Para
8.1 in the DOPT guidelines Dt. 19.05.09
to operate MACPS and FAQ 16 in OM Dt. 01.04.11 reversed the basic
mandate given for the implementation of MACPS in the Resolution of GOI. This
resulted in the denial/withdrawal of financial upgradations to the stagnated Central
Excise executive officers recruited in GP of Rs. 4600/- restricting them to GP
of Rs. 5400/- throughout the career. As stated above, their counterparts in
CSS/CSSS/DANICS/DANIPS etc. were given NFS in GP of Rs. 5400/- in PB-3 mentioned
at S. No. 17 and then MACP upgradation in the immediate next higher GP of Rs.
6600 at S. No.20 (not S.No.18) as Para
8.1 was not applicable to them. They are further entitled to adequate
promotional avenues to reach GP of Rs. 8700/- easily. But those stagnated ones
are not allowed immediate next higher grade pay of Rs. 6600/- after time
scale/NFS/NFG of Rs. 5400/- by virtue of unlawful and arbitrary insertion of
Para 8.1 in the MACP guidelines and clarification FAQ No. 16. It is reiterated
that the offsetting of time scale/NFG/NFS was neither recommended by the CPC
nor it was mandated in the Govt. Resolution Dt. 29.08.08 or MACP
guidelines/instructions Dt. 19.05.09.
8.
Further, your kind attention
is invited to the following verdicts regarding the offsetting of time
scale/NFG with the MACP upgradation-
i) In the verdict given by the Hon’ble
High Court of Delhi on 20.12.17 in the W.P.(C) No. 9357/2016 upholds
that non-functional financial upgradation (time scale) is not MACP upgradation
on
account of being integral part of the
pay. Thus, it can no way be treated as one MACP upgradation. The order of
the Hon’ble High Court has already been implemented vide office order No.
190/E-IV/Estt/DHC Dt. 23.02.18 of Delhi High Court without preferring any
appeal in it.
ii) In the case of U.O.I. Vs. Delhi Nurses
Union (Regd.) W.P. (C) 5146 / 2012 also, the Hon’ble High
Court of Delhi vide its judgement dated 24.08.12 held the same and granted the
next higher Grade Pay of Rs. 6600/- after the time scale to the employees. The
order of the High Court was also upheld by the Hon’ble Supreme Court by
dismissing the Appeal of Union of India on 04.03.13 in SLP(C) No. 010607/2013.
iii) In Subramanium case also,
it has been established that 4 years time-scale/NFG and ACP/MACP upgradation
are altogether different. If time scale was to be counted as one MACP
upgradation, it would have been granted after 10 years of service instead of 4
years. By the finalization of the issue at the level of the Apex Court, the
time scale can never be treated as one MACP upgradation.
iv) In Balkrishnan case in Writ
Petition No. 11535/2014 with M.P. No. 1/2014 also, the offsetting of time
scale with the MACP upgradation was not allowed. The said judgment was
finalized by the Hon’ble Apex Court in Special Leave to Appeal (C) 15396
of 2015 by dismissing the SLP filed by the Govt.
9. Again, your kind attention
is invited to the verdict given in Balkrishnan
case (Writ Petition No. 11535/2014 with M.P. No. 1/2014) in r/o of treating single Grade Pay
of Rs. 5400/- in PB2 and PB3 as separate Grade Pays under para 8.1 of MACP
Scheme. The Hon’ble Madras High Court in this case gave the verdict on 16.10.14 by upholding that the Grade Pay of Rs. 5400/- in PB-2
(Level-9) & PB-3 (Level-10) is one and the same thing as there is no
difference between the Grade Pay of Rs. 5400/- in PB2 and PB3. The Hon’ble High
Court was pleased to say specifically that the Grade Pay of Rs. 5400 in PB3 is
no way higher than the Grade Pay of Rs. 5400/- in PB2 and next higher grade pay
after Rs. 5400/- is Rs. 6600/-. The said judgment was finalized by the Hon’ble
Apex Court in Special Leave to Appeal (C) 15396 of 2015 by dismissing the SLP filed by the Govt. Thus, it is also
worth to submit that the next Grade Pay after Rs. 5400/- is Rs. 6600/-
(Level-11).
10. In
view of the above, you are requested and allow legitimate financial
upgradations under MACPS in the next higher grade pay as mandated in the
Resolution. The matter may kindly be
resolved at an early date without making any recovery or withdrawal of MACP
upgradation.
In
view of the above, it is requested that the due circular may kindly be issued-
i)
to withdraw para 8.1 from the MACP guidelines Dt.
19.05.09 and FAQ
No. 16 Dt. 01.04.11.
ii)
to withdraw the Level-9 by merging it with Level-10 of pay matrix.
iii) to grant MACP upgradation to the
Grade Pay of Rs. 6600/- (Level-11) after the Grade Pay of Rs. 5400/ (whether in
PB2 or PB3) granted as time scale/NFG/NFS.
iv) to issue the due circular withdrawing the offsetting
of the time scale/NFG/NFS with the MACP upgradation.
Thanking You,
Yours sincerely,
Encls. As above (2).
(RAVI
MALIK),
Secretary General.
Copy with
the request for necessary action to:
1. The
Cabinet Secretary, Govt. of India, President House, New Delhi.
2. The
Secretary, Department of Expenditure, North Block, New Delhi.
3. The
Secretary, Department of Legal Affairs, New Delhi.
Annexure-A
Assured
Career Progression Scheme
|
Sr.
No.
|
Recommendation
of the Sixth Pay Commission
|
Decision
of the Government
|
|
1.
|
The
Commission has recommended that the existing scheme of Assured Career
Progression may be continued with two financial upgradations being allowed as
at present with the following modifications:-
|
Accepted
with the modification that there will be three upgradations under the ACP
scheme after 10, 20 and 30 years of service.
|
|
|
i)
The scheme will also be
available to all posts belonging to Group A- whether isolated or not.
Organised Group A services will, however, not be covered under the scheme.
|
Accepted.
|
|
|
ii)
Benefit of pay fixation
available at the time of normal promotion shall be allowed at the time of
financial upgradations under the scheme. Thus, an increase of 2.5% of pay and
grade pay shall be available as financial upgradation under the scheme.
|
Accepted
with the modification that the rate of increment will be 3%.
|
|
|
iii)
The grade pay shall change
at the time of financial upgradation under this scheme. The grade pay given
at the time of financial upgradation under ACPS will be the immediate next
higher grade pay in the hierarchy of revised pay bands and grade pay being
recommended. Thus, grade pay at the time of financial upgradation under ACPS
can, in certain cases where regular promotion is not between two successive
grades, be different than what is available at the time of regular promotion.
In such cases, the higher grade pay attached to the next promotion post in
the hierarchy of the concerned cadre/ organization will be given only at the
time of regular promotion.
|
Accepted.
|
|
|
iv)
Financial upgradation under
the scheme will be available whenever a person has spent 12 years
continuously in the same grade. However, not more than two financial
upgradations shall be given in the entire career as was provided in the
extant scheme.
|
Modified
to the extent that the financial upgradation will be available whenever a
person has spent 10 years continuously in the same grade. Further, three
upgradations after 10,20, and 30 years of service will be allowed.
|
|
|
The
scheme with aforesaid modifications shall be called modified ACPS and will
ensure suitable progression uniformly to all the employees in Central
Government. (Para No. 6.1.15)
|
|
Annexure-B
|
Present Scale
|
Revised Pay
Scales recommended by the Sixth Central Pay Commission
|
Revised Pay
Structure
|
||||||
|
Sl.No.
|
Pay Scale
|
Pay Scale
|
Pay Bans
|
Corresponding Pay
Bands
|
Grade Pay
|
Pay Band
|
Corresponding Pay
Bands
|
Grade Pay
|
|
10
|
S-9
|
5000-150-8000
|
PB-2
|
8700-34800
|
4200
|
PB-2
|
9300-34800
|
4200
|
|
11
|
S-10
|
5500-175-9000
|
PB-2
|
8700-34800
|
4200
|
PB-2
|
9300-34800
|
4200
|
|
12
|
S-11
|
6500-200-6900
|
PB-2
|
8700-34800
|
4200
|
PB-2
|
9300-34800
|
4200
|
|
13
|
S-12
|
6500-200-10500
|
PB-2
|
8700-34800
|
4200
|
PB-2
|
9300-34800
|
4200
|
|
14
|
S-13
|
7450-225-11500
|
PB-2
|
8700-34800
|
4600
|
PB-2
|
9300-34800
|
4600
|
|
15
|
S-14
|
7500-250-12000
|
PB-2
|
8700-34800
|
4800
|
PB-2
|
9300-34800
|
4800
|
|
16
|
S-15
|
8000-275-13500
|
PB-2
|
8700-34800
|
5400
|
PB-2
|
9300-34800
|
5400
|
|
17
|
New Scale
|
8000-275-13500
|
PB-3
|
15600-39100
|
5400
|
PB-3
|
15600-39100
|
5400
|
|
18
|
S-16
|
9000
|
PB-3
|
15600-39100
|
5400
|
PB-3
|
15600-39100
|
5400
|
|
19
|
S-17
|
9000-275-9550
|
PB-3
|
15600-39100
|
5400
|
PB-3
|
15600-39100
|
5400
|
|
20
|
S-18
|
10325-325-10975
|
PB-3
|
15600-39100
|
6100
|
PB-3
|
15600-39100
|
6600
|
|
21
|
S-19
|
10000-325-15200
|
PB-3
|
15600-39100
|
6100
|
PB-3
|
15600-39100
|
6600
|
|
22
|
S-20
|
10650-325-15850
|
PB-3
|
15600-39100
|
6500
|
PB-3
|
15600-39100
|
6600
|
|
23
|
S-21
|
12000-375-16500
|
PB-3
|
15600-39100
|
6600
|
PB-3
|
15600-39100
|
7600
|
|
24
|
S-22
|
12750-375-16500
|
PB-3
|
15600-39100
|
7500
|
PB-3
|
15600-39100
|
7600
|
|
25
|
S-23
|
12000-375-18000
|
PB-3
|
15600-39100
|
7600
|
PB-3
|
15600-39100
|
7600
|
