Unlawful revision of pay/pension and recovery made

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

Mob.9848088928     mail Id:aiacegeo2019@gmail.com    Site:cengoindia.blogspot.in        Mob.9717510598

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. 85/AIB/M/20                                                                                Dt. 26.05.20

To,

Sh. M. Ajit Kumar,

Chairman, CBIC,

North Block, New Delhi.

Sub: Unlawful revision of pay/pension and recovery made.

Sir,

It is to submit with due regards that the pay and pension of many of the retired officers of Amritsar Customs under the Chandigarh Zone have been lowered in unlawful manner. This forced many of them to approach the legal courts increasing unwarranted litigations.

            2. These all officers joined the job as Inspector prior to 01.01.82 and as a result, they all were granted IInd ACP upgradation in the Pay Scale of Rs. 8000 -13500/- (equivalent to Grade Pay of Rs. 5400/- in PB3) prior to 01.01.06. Very surprisingly, they were unlawfully placed in the Grade Pay of Rs. 5400/- in PB2 on 01.01.06 in the name of granting them time scale, for which they were no way due because of already drawing the Grade Pay of Rs. 5400/- in PB3.  

            3. After getting IInd ACP upgradation prior to 01.01.06, they were correctly granted IIIrd MACP upgradation in the Grade Pay of Rs. 6600/- after the implementation of MACP Scheme w.e.f. 01.09.08 modifying ACP Scheme. But this Grade Pay of Rs. 6600/- has been withdrawn by the administration unlawfully placing these officers under the Grade Pay of Rs. 5400/- in PB3 which they were already drawing prior to 01.01.06. As a result, a substantial amount has been recovered from these officers. This is clear violation of ACP as well as MACP Rules. No notice was also issued to these officers about this withdrawal or recovery.

            4. Para 28(c) of DOPT guidelines dated 19.05.09 on MACPS clearly states that those who got 2^nd ACP upgradation under ACP Scheme shall be granted 3^rd MACP upgradation in Grade Pay of Rs. 6600/-. Besides Para 11 states that financial up-gradations granted under ACPS shall not be re-opened under MACPS effective from 01.09.08. This position has been accepted by the CBIC as well as DOPT and there is no ambiguity.

            5. Also as per Rule 64 of the CCS Pension Rules 1972, records for fixation of pension of a retiring person cannot be scrutinized for a period beyond 2 years from the date of retirement. But in the above cases, the administration has initiated proceedings of revision of pay/pension after more than 5 years of retirement. Their pay has been revised after lapse of more than 9 years, which is contrary to CCS Pension Rules, 1972.  

            6. According to Para 11 of the forwarding letter of MACP Scheme, the cases who got 2^nd  ACP upgradation prior to 01.01.06 need not to be reopened.

7. The Hon’ble Supreme Court of India, in the order dated 18.12.14 passed in the case of Rafiq Masih has held that recovery can’t be made from retired employees or employees who are due to retire within one year. This order of the Hon’ble Supreme Court of India has duly been accepted by the Govt. of India and DOPT has already issued an OM in this regard. Hence, the orders of refixation of pay/pension and recovery are arbitrary and against any rule of law or principal of natural justice.

8. In view of the above, it is a clear case of gross harassment to the senior citizens due to the reasons known only to the concerned authorities. These authorities didn’t like to apply their mind et al before issuing such unlawful orders for refixation of pay/pension and recovery. For your kind reference, the copies of the orders made in r/o Sh. Jagdish Singh are enclosed herewith.

9. It is, therefore, requested kindly not only to give justice to all of such officers as mentioned above by reinstating the position in r/o their pay & pension but also take due action in the matter why the concerned authority didn’t apply the mind, why the senior citizens were harassed and why the unlawful & arbitrary orders for refixation of pay/pension were issued and recovery made.

            Thanking you,

Yours sincerely,

Encls: As above (2)                                                                                                                      

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to:

1) The Finance Secretary, North Block, New Delhi.

2) The Secretary, DOPT, North Block, New Delhi.