ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob.
9313885411
President:
Address for communication: Secretary
General:
T. Dass Flat No. 6,
SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Vice Presidents: B L Meena, K V Sriniwas (Central) Chinmoy Ghosh, Rajashish Dutta
(East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan
(South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T
A Manojuman (Central) Apurba Roy, Siddhath Tewari (East) A K Meena, S K
Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju
(South); All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: Manoj Kumar Organising Secretary: Soumen
Bhattachariya Liaisoning Secretary: Bhoopendra Singh
(Recognised by G.O.I., Min. of Fin. vide letter F.No.
B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Office address: 206, B wing, CGO Complex II, Kamla
Nehru Nagar, Ghaziabad
Ref. No. 82/AIB/M/20
Dt. 15.05.20
To,
Sh. M. Ajit Kumar,
Chairman,
CBIC,
North Block, New Delhi.
Sub: Order Dt. 04.03.20
of the Hon’ble CAT, Bangalore.
Sir,
Kindly refer
to the subject mentioned common order given in OA No. 170/01621/2018, 170/01622/2018,
170/01703/2018, 170/01704/2018, 170/01712/2018, 170/01832 to 01839/2018, 170/01841/2018,
170/01844 to 1857/2018 (copy enclosed).
2. It is to
submit with due regards that the Hon’ble CAT has ordered not to count non-functional
scale/grade pay as financial upgradation for the purpose of MACP. It is also
worth to submit that a catena of orders have
been given by the various Hon’ble courts/CATs in this regard but our CBIC has
implemented none of the orders till date despite of all being communicated to
the CBIC time to time. It is also worth to submit that this issue has already
been finalized and settled in the SLP (C) No. 029382/2011, SLP (C)
No. 010607/2013 and SLP (C) No. 15396/2015 by the Hon’ble
Apex Court as well as in WP (C)
No. 9357/2016 by the Hon’ble High Court of Delhi and in Misc. Petition No. 6500, 6502, 6503,
6504, 6530, 6531, 6535, 6561, 6564, 6578 & 6579/2019 by the Hon’ble High
Court of Jabalpur.
3. It has also
been settled in SLP (C) No. 15396/2015
by the Hon’ble Apex Court and in Misc. Petition No. 6500, 6502, 6503, 6504, 6530, 6531, 6535,
6561, 6564, 6578 & 6579/2019 by the Hon’ble High Court of Jabalpur that the Grade Pay of Rs. 5400/- in PB 2 and Rs. 5400/- in
PB 3 is one and same as it has erroneously been treated as separate grade pays
for the purpose of grant of upgradations under MACPS. The Grade Pay of Rs.
5400/- in PB3 is noway higher than the Grade pay of Rs. 5400/- in PB2. Thus, a
Grade Pay of Rs.6600/- should be granted as MACP upgradation after the the
non-functional scale of Rs. 5400/- in PB2.
4. In view of the above, it is requested that
all of the orders of the Hon’ble court/CATs may kindly be implemented in true
spirit giving the due benefit to all of our affected officers by-
i) Not counting the non-functional
scale/grade as financial upgradation under the MACPS.
ii) Granting
the Grade Pay of Rs. 6600/- as MACP upgradation after the non-functional scale/grade
of Rs. 5400/- in PB2.
Thanking you,
Yours
sincerely,
(HARPAL
SINGH),
Secretary
General.
