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, SomnathChakrabarty
(west); Ashish Vajpayee, PranaveShekhar (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, SanjeevSahai
(West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar
(South); Anand Kishore, AshutoshNivsarkar (Central) Office Secretary: C.
S. Sharma Treasuer: N. R. Manda Organising Secretary: SoumenBhattachariya
(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. 125/AIB/M/19
Dt.14.06.19
To,
Sh.
Pranab Kumar Das,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Undoing
of offsetting of time scale/NFG with the MACP upgradation.
Sir,
Kindly refer to the earlier various communications of the
Association on the subject matter. Your kind attention is also invited to the verdict
given in OA No. 060/00577/2019 on 29.05.19 alongwith the verdict given in OA
No. 060/01276/2017 by the Chandigarh CAT to follow the order given by the High Court of Delhi in
the W.P.(C) No. 9357/2016.
2. It is also to submit further with due
regards that the officers are forced to go to the CAT/High Court even in similar
matters which have already been finalized/settled by the High Courts/Apex
Court. The verdicts, in which no appeal has been made, are also not being
implemented. The benefit of court verdicts is being given only to the
petitioners/applicants instead of implementing the court verdicts in rem.
3. Further, your kind attention is invited to
the following verdicts regarding the offsetting of time scale/NFG with the
MACP upgradation-
i) The verdict given by the High Court of
Delhi in the W.P.(C) No. 9357/2016 upholds that non-functional
financial upgradation (time scale/NFG) 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. Thus, no need to submit that the matter has been finalized and
settled. As submitted above, this order has also been reiterated by the Chandigarh CAT in the verdicts given in OA No. 060/00577/2019 and
060/01276/2017.
ii) In the case of U.O.I. Vs. Delhi Nurses
Union (Regd.) in W.P. (C) 5146 / 2012 also, the 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 Supreme Court by dismissing the Appeal of
Union of India on 04.03.13 in SLP(C) No. 010607/2013. Thus, the above Order
dated 24.08.12 of the High Court of Delhi also attained finality after the
dismissal of SLP in the Supreme Court.
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 Balakrishnan case in Writ Petition No. 11535/2014 also,
the offsetting of time scale with the MACP upgradation was not allowed. The
said judgment was finalized by the Apex Court in Special Leave to Appeal
(C) 15396 of 2015 by dismissing the SLP filed by the Govt.
4. In view of
the above, it is requested that the due circular may kindly be issued not
to offset the time scale/NFG with the MACP upgradation.
Thanking you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Revenue Secretary, North Block, New Delhi.
2) The DOPT Secretary, North Block, New Delhi.
