" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Friday, 14 August 2020

MACP representation

 Willing officers may kindly file the MACP representation on the following lines by making due amendemnts as per individula details/facts, if intrested to file court case seeking GP of Rs. 7600/- as IIIrd MACP upgradation

Dt.

To,

The Commissioner,

Sub: MACP upgradation.

Sir,

             It is to submit with due regards that I joined the department as Inspector (direct recruit) on ------ I was given Ist ACP upgradation w.e.f. ------- placing me in the pay scale of the Superintendent. I was promoted to the post of Superintendent on -------.

            2. I was given time scale in the Grade Pay of Rs. 5400/- in PB2 (Level 9) w.e.f. ------ after completion of four years of service as Superintendent which is to be given to me now w.e.f. 01.01.96 as per the Subramaniam verdict. 

            3. I was given IIIrd MACP u[pgradation w.e.f. 05.01.15 placing me in the pay scale of Asstt. Commissioner, Rs. 5400/- in PB3, without giving IInd MACP upgradation and offsetting it with the time scale. I was promoted to the post of Asstt. Commissioner on -------.

            4. In the verdict given by the Hon’ble Madras High Court in Writ Petition No. 11535/2014 Balakrishnan case, it has been upheld that the Grade Pay of Rs. 5400/- in PB-2 & PB-3 is one and the same thing. It was also decided in this case that the time scale can’t be offset with the MACP upgradation and next Grade Pay of Rs. 6600/- is to be given after the time scale given in the Grade Pay of Rs. 5400/-. The SLP (C) 15396 of 2015 filed by the Govt. was also dismissed in this case. Thus, the matter has been finally settled at the level of the Hon’ble Apex Court.

            7. In the verdict given by the Hon’ble High Court of Delhi in the W.P.(C) No. 9357/2016 in Hariram case, it was upheld that non-functional financial upgradation (time scale) is not MACP upgradation and can’t be offset with it. This order of the High Court has already been implemented vide office order No. 190/E-IV/Estt/DHC Dt. 23.02.18 without preferring any appeal in it. So, this matter is also finally settled.

            8. In W.P. (C) 5146/2012 also in Delhi Nurses case, the High Court of Delhi granted the next higher Grade Pay of Rs. 6600/- after time scale to the employees. The SLP(C) No. 010607/2013 filed by the Govt. was also dismissed by the Supreme Court in this case. Thus, the matter has been finally settled at the level of the Hon’ble Apex Court in this case too.

9. The High Court of Madras in WP No. 13225/2010 in Subramaniam case, against which not only the SLP(C) No. 029382/2011 filed by the CBIC was dismissed on 10.10.17 but the review petition has also been dismissed on 23.08.18, has ruled that time scale/NFS would be granted on completion of 4 years after ACP/MACP upgradation establishing that the ACP/MACP upgradation and time scale are altogether different and can no way be off-set with each other. Thus, the matter has also been finally settled at the level of the Hon’ble Apex Court in this case.

10. It has also been settled 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.

11. It is also worth to submit that any matter is treated as the law of the land after being settled at the level of the Hon’ble Supreme Court. Such matters are also treated as the law after being settled even at the level of the Hon’ble High Court or Central Administrative Tribunal, if no appeal made. All of such verdicts are also to be implemented in rem, if there is no specific order by the Hon’ble Court to implement the same in person. If not implemented in rem, it shall also be contemptuous to the concerned court.

12. In view of the above, it is requested to kindly grant me-

(i) IInd MACP upgradation in the Grade Pay of Rs. 6600/-.

(ii) IIIrd MACP upgradation in the Grade Pay of Rs. 7600/- and

(iii) Time scale in the Grade Pay of Rs. 5400/- w.e.f. 01.01.06 instead of 23.09.06.

Thanking you,

Yours sincerely,

                                                                                                                       

Copy with the request for necessary action to-

(1)   The Chief Commissioner, -------

(2)   The Member (Admn & Vig), CBIC, North Block, New Delhi.

(3)   The Chairman, CBIC, North Block, New Delhi.