May kindly be amended as per the post joined
Dated-------
To,
Sub: Antedating fixation of NFG w.e.f. ---------,
Grant of 2nd MACP upgradation w.e.f. -------- and IIIrd MACP w.e.f. ----------
and disbursement of arrears of pay-request regarding.
Sir,
It is to submit with due regards that I joined the
department as Inspector 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 --------. I was given time scale/NFG 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. -------- as per
the Subramaniam verdict.
3. I was not given IInd MACP upgradation as it was offset
with NFG/time scale counting the NFG/time scale as one MACP upgradation. I will
be due for/was given IIIrd MACP upgradation w.e.f. --------- on completion of 10
years of grant of time scale or 30 years of service (whichever be earlier) which
should be given to me w.e.f. ----------.
4. In the verdict given by the Hon’ble Supreme Court in
UOI & ors vs. Balbir Singh Turn & anr in Civil appeal No 3744/2016, it
has been ordered that MACPS should be implemented w.e.f. 01.01.06.
5. In the verdict given by the Hon’ble Madras High Court
in Writ Petition No. 11535/2014, 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 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.
6. 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. Thus, Grade Pay of Rs. 5400/- in PB3 is noway higher
than the Grade pay of Rs. 5400/- in PB2 and the Grade Pay of Rs.6600/- should
be granted as MACP upgradation after the the non-functional scale of Rs.
5400/- in PB2. So, the Grade Pay of Rs. 5400/- in PB2 and PB3 can no way be
treated as separate grade pays for the purpose of grant of upgradations under
MACP Scheme.
7. In the verdict given by the
Hon’ble High Court of Delhi in the W.P.(C) No. 9357/2016, 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, 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/NFSG 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 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 of the land 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, it shall also be contemptuous to the concerned
court.
11. In view of the above, it is requested to kindly-
(i) Fix my pay in the Grade Pay of Rs. 5400/- as
NFG/time scale w.e.f. --------.
(ii) Fix my pay in the Grade Pay of Rs. 6600/- as IInd
MACP upgradation w.e.f. --------.
(iii) Fix my pay in the Grade Pay of Rs. 7600/- as IIIrd
MACP upgradation w.e.f. ---------.
(iv) Also pay me the due arrears with all
consequential benefits accordingly.
Thanking you,
Yours sincerely,
