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 Utkarsh Kumar Sharma, M
Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S
P Pandey, T A Manojuman (Central) Apurba Roy, Siddharth 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 North Zone
Coordinator: C. P. Verma
(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. 81/AIB/M/22
Dt. 15.06.22
To,
Sh. Vivek Johari,
Chairman, CBIC,
North Block, New
Delhi.
Sub: Order Dt. 03.06.22 of
the Hon’ble High Court of Karnataka at Bengaluru.
Sir,
Kindly refer to the
Ref. No. 82/AIB/M/20 Dt. 15.05.20
of the Association. The copy of the subject mentioned order of the Hon’ble High Court of Karnataka at Bengaluru is also enclosed
for your kind reference giving common order in WRIT PETITION No. 9554 OF 2021 C/W WRIT PETITIONS
No.1141 OF 2021, 7332 OF 2021, 9493 OF 2021 , 9555 OF 2021 , 9698 OF 2021,
10138 OF 2021, 11137 OF 2021, 11181 OF 2021, 11196 OF 2021, 11203 OF 2021,
11219 OF 2021, 11265 OF 2021, 11304 OF 2021, 11308 OF 2021 , 11360 OF 2021,
11361 OF 2021, 11362 OF 2021, 11387 OF 2021, 11665 OF 2021, 11710 OF 2021,
11883 OF 2021, 11892 OF 2021, 12033 OF 2021, 12310 OF 2021, 12363 OF 2021,
12449 OF 2021.
2.
It is to submit with due regards that the Hon’ble High Court has ordered that
the respondents shall be bound by the final outcome of the decision of the Apex
Court in R. Chandrashekaran’s case. It is further submitted that the R.
Chandrashekaran’s case has already become final because no case is pending in R.
Chandrashekaran’s matter in the Hon’ble Supreme Court. Actually, R.
Chandrashekaran’s case is based on Balakrishnan verdict decided by the Hon’ble
High Court of Madras and settled at the level of the Hon’ble Supreme Court in
which SLP as well as Review Petition of the govt. has been dismissed. It has
been established in this verdict that-
(a) The Grade Pay of Rs.5400/- in PB-2, being
non-functional scale, cannot be a functional Grade.
(b) There is no difference between the Grade Pay of
Rs. 5400/- in PB2 and Rs. 5400/- in PB3.
(c) The Grade pay of Rs. 5400/- in PB3 is no way
higher than Rs. 5400/- in PB2.
(d) The time scale/NFG in Grade Pay of Rs. 5400/- granted
after completion of four years of service in Grade Pay of Rs. 4800/- or
equivalent pay scale can not be offset with ACP/MACP upgradation.
(e) the next Grade Pay to be granted as
MACP upgradation after the grant of time scale/NFG in Grade Pay of Rs. 5400/- is
Rs. 6600/-.
3. Thus, non-functional
scale/grade pay of Rs. 5400/- in PB2 is not to be counted as financial
upgradation for the purpose of MACP upgradation and Geade Pay of Rs. 6600/- is
to be given after it as MACP upgradation. It is also worth to submit that a
catena of orders have been given by the various Hon’ble Courts/CATs including
Hon’ble Supreme Court 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 including the order given in Misc. Petition No. 6500, 6502, 6503, 6504,
6530, 6531, 6535, 6561, 6564, 6578 & 6579/2019 by the Hon’ble High Court of
Jabalpur.
4. 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 non-functional
scale of Rs. 5400/- in PB2.
5. In view of the above, it is requested to kindly grant the due benefit to all of our affected officers by-
i) Not counting the non-functional
scale/grade/NFSG/time scale as financial upgradation under the MACPS.
ii) Granting the
Grade Pay of Rs. 6600/- as MACP upgradation after the non-functional
scale/grade/NFSG/time scale of Rs. 5400/- in PB2.
Thanking you,
Yours
sincerely,
Encl: As above.
(HARPAL
SINGH),
Secretary
General.
