AP HIGH COURT CASE OF GP 5400 TO ACP INSPECTORS

WP 39218 / 2012

WPSR 210177 / 2012

CASE IS:PENDING

PETITIONER RESPONDENT SECRETARY, G.O.I., MIN. OF FINANCE, NEW DELHI & 4 OT   VS P. VIGNESHWAR RAJU, HYD & 14 OT PET.ADV. : VISHNUVARDHAN REDDY(ASST SOL GEN) RESP.ADV. : VIJAY SUBJECT: CENTRAL ADMINISTRATIVE TRIBUNAL DISTRICT:  HYDERABAD

FILING DATE:  18-12-2012 POSTING STAGE :  FOR ADMISSION REG. DATE    :   19-12-2012 LISTING DATE :  06-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): ASHUTOSH MOHUNTA     K.S.APPA RAO

PRESS STATEMENT MASS RESIGNATION BY GAZETTED EXECUTIVE OFFICERS

All the Gazetted Executive Officers of Central Excise ,Customs
and Service Tax Department of Central Government posted through out the country
will take part in the agitation to be conducted during 24.02.13 to 01.03.13 ,
boycott the Excise Day on 24.02.13 and finally will submit mass resignation on 30.04.13.
The Gazetted Executive Officers posted in entire 124 Commissionerates have confirmed
their participation in the strike action.
The strike is organised by the All India Central Excise Gazetted Executive Officers, New Delhi on
the basis of the strike notice served on 31.12.2012 to Finance Minister of India for
a settlement of the 10 Point charter of demands .
The Gazetted Executive Officers of throughout the country
are mainly agitated over the delay in approval of Cadre Restructuring proposals of Central Board of
Excise and Customs and cleared by the Department of Expenditure since long
by the Department of Personnel & Training which is headed by the Prime Minister of India .
It is required to approve Cadre Restructuring in every 5 years but only 2 cadre restructurings
were approved during 1991 and 2001 by Central Government for this old Department which was
created during the year 1944. There are near about 12000 Gazetted Executive Officers
working in Central Excise , Service Tax and Customs Department but all most all of these Gazetted
Executive Officers are retiring without getting promotion to Gr-A posts. The reason
of such acute stagnation is mainly attributed for non conducting of Cadre Restructuring within
the time frame prescribed by Central Government.
The Gazetted Executive Officers known as Superintendent of Central Excise
are retiring after getting only one promotion in their service career on account of
decades long acute stagnation. They are deprived of the appropriate
pay scale/pay band & grade pay. They are facing the worst career
prospects and working conditions. The employee grievance redressal
mechanism has totally failed as the administration has no interest to
redress the staff grievances. The Gazetted Executive Officers of Central
Excise are forced to work under the extreme juniors of Customs belonging
to the same cadre.
The cadre restructuring is pending with the government for last 6 years.
The concerned authorities are taking nothing seriously in relation of any
of the issues.
In view the above, the Association is forced to decide to revive
the agitational programme . Accordingly, the notice is being
served upon by the Association on 31.12.2012 intimating that
all its members would observe protest week
from 24.02.13 to 01.03.13 by wearing black badges, having peaceful
demonstration in lunch hours on 01.03.13 and totally boycotting the Excise Day
function on 24.02.13 throughout the country. As a next step, all its
members also may submit mass resignations on 30.04.13 in protest.

The 10 points charter of demands as submitted by
the Association on 29.10.12 along with other points were discussed in the
meeting held on 02.11.2012 under the Chairpersonship of Member(P&V),
Central Board of Excise and Customs and the Member(P&V) was pleased to
assure the Office Bearers to settle all the grievances within three months.
The Member(P&V) was also further pleased to appeal the Association to defer its agitational
programme for 3 months. Accordingly ADG (HRM) of HRD, CBEC issued one
letter duly approved by Member(P&V) to the Association asking to defer the agitational programme.
Therefore , the programme was deferred for the time being as per the request of
Member(P&V).

Despite the assurance to settle grievances of association in the time bound manner,
not a single point has yet been settled by Board. Therefore it has been
unanimously decided in the Associate Committee meeting of the Association
to revive the programme during the month of February, 2013, if all its
grievances are not settled in time bound manner within 31.01.2013.

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already
approved by the Expenditure. All proposed posts are required to be approved
permanently and be filled-up by the way of promotions only along with all
posts likely to be lying vacant within 5 years of implementation of Cadre
restructuring without any direct recruitment in group ‘A’ during the period.

2. Parity with other counterparts of CSS, CBDT, Customs etc. either in the
cadre restructuring or independent of it to retire our officers in PB-4.

3. Immediate fulfilment of the commitments like all the vacancies of cadre
restructuring to be filled up by promotions & extend this benefit for more than
1 years, creation of separate service for group ‘B’ executive officers,
promotion of group ‘B’ gazetted executive officer directly to STS like CSS, minimum qualifying service for promotion to gazetted post should be uniform for Inspector, PO & Examiner, all Inspectors, PO’s & Examiners of same year should be brought to same level of promotion etc. etc. made during the presentation on cadre restructuring proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11.

4. At least four functional promotions in the service career.

5. Immediate implementation of the Supreme Court verdict dt. 03.08.11/30.03.12
by framing “just, fair & equitable” recruitment rules and abiding all the
ad hoc promotions with the same duly granting notional promotions to
the seniors of Central Excise whose juniors of Customs have already
been promoted.

6. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this
grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc.


7. Time-scale in PB3 to the Superintendents completing 4 years of service &
promotions to all Superintendents directly to the post of Deputy Commissioner
to maintain parity between the officers of headquarters organisations and field offices.

8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation
without offsetting with time scale on the lines of MACPS adopted by
the State Governments like Uttar Pradesh etc. or even on better lines originating
source (i.e., 6th CPC) being the same.

9. Finalisation of in-situ promotion scheme under consultation of the Association.

10. Holding of regular minuted meetings under employee grievances
redressal mechanism.
LOKANATH MISHRA
PRESIDENT
ALL INDIA CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS.

Update by Shri Ravi Malik, Secretary General, AIACEGEO on several issues

Update by Shri Ravi Malik, Secretary General, AIACEGEO on several issues

 

I.                   Cadre Restructuring:

1.Cadre restructuring proposal is still with the DOPT after the reply of their queries being sent by CBEC. Now, DOPT is of the view that it should again be cleared from the Expenditure keeping in view the ongoing austerity measures. The FM being the Head of the Expenditure also, there was scheduled a presentation of the proposal before him on 10.12.12 but he postponed it. Next date of presentation is being awaited.

2. A speedy reply of the DOPT queries was being expected by the CBEC after our meeting with the Revenue Secretary on 03.12.12 and the same happened too. A lot of thanks to the Revenue Secretary for his response and also having an unscheduled meeting with us without any pre-appointment on 03.12.12. It is being learnt that he has asked the CBEC to devise some extra measures independent of cadre restructuring also to remove our stagnation but it seems that Board is silent. He was reminded of DOPT guidelines regarding qualifying service saying that the same should not be merely for decorative purpose and only a genuine deviation from these may be understood but not 100 times deviation. He thought seriously something for a while on it.

II.               MACP:

         Our Chennai Unit is requested to kindly send the status of the MACPS case whether the advocate, as advised by him, has filed the contempt petitions because the matter is already delayed. If petitions have been filed, the copies of the same may kindly be sent immediately. If not, the same may be kindly be pursued for immediate filing. We should not forget that we are getting nothing under the current provisions of MACPS. All are requested that nobody should reflect before any authority that we are already getting the salary under MACPS and give us only the designation. Our officers are eligible only to get a grade pay of 5400/- after 30 years of service under current provisions of MACPS. It may even go beyond 30 years in case of our officers who got time scale after 20 years of service, if one more foolish clarification comes from DOPT saying that next MACP upgradation should be granted after completion of 10 years after time scale. Therefore, it is again requested not to reflect anywhere that we are satisfied with scales/grade pay being got under MACPS and we only need designation.

III.            AEC MEETING:

       All of our units are requested to consider the holding of AEC meeting. If any unit/s is/are interested to hold the meeting, kindly come forward.

IV.           ASSOCIATION DUES

      All the units are requested to clear their dues and donate maximum funds to the Association to make the organisation stronger. The funds are also required to hold the Associate Committee meetings being held in Delhi itself, for which expenditure is being incurred by All India Body or Delhi Unit to make necessary arrangements. We all have to avoid this burden on All India Body/Delhi Unit.

V.                  AGITATIONAL PROGRAMME:

      All are requested to be well prepared and motivate the members to boycott the Excise Day function, bear black badges from 25.02.13 to 01.03.13, peaceful lunch our demonstration on 01.03.13, work to rule only in relation of budget related work as well as revenue mobilisation/motivation talks with trade (no informal/unofficial measures are to be taken to achieve revenue targets) and conditional/under protest mass resignation on 30.04.13. On mass resignation, a few of us may a bit cautious but we have not to forget that conditional/under protest resignation even of a single officer is never accepted by the authorities. So, question of conditional/under protest mass resignation never arises. Even if accepted, there is nothing better than it because we are already forced to lead a disrespectful & poor life due to lack of graceful prospects, salaries, working conditions etc. Even though, the resignation may be withdrawn within 3 months in case of any of our officers has any doubt. But it is true that it would give a certain & proper message to the authorities. The units will have to collect the resignation of individuals in advance to submit to the concerned authority collectively. The due notice is being issued to the concerned authorities very shortly.

VI.           WELFARE  MEASURES:

      A presentation was made by HRD on welfare schemes before all the Associations on 21.12.12. All the schemes are available on the CBEC and HRD sites. All the units and office bearers are requested to make the members aware of the schemes to get benefitted. All the units and office bearers are also requested to send suggestions/proposals/drafts in r/o medical reimbursement, ex-gratia grants, gymnasiums, canteens, crèches, guest houses, sports, scholarships to wards, sports centres, health schemes, group insurance schemes, medical insurance schemes, cash awards, financial assistance, recreation & outdoor activities, academic as well as professional studies, transport facility, education, schools, colleges, housing societies, office complexes, community centres, compassionate aids, deputation/loan allowances, parkings, goods canteens like defence etc., association offices with infrastructure, mobiles & laptops, bathrooms, libraries, banquet halls, transit accommodations, residential complexes etc. to devise new schemes, improve old schemes, make the schemes more beneficial and also utilise the welfare fund to its maximum without lapse. There already exists the welfare fund to the tune of 99 crores.

8. The correspondence made during around last three & half months is attached herewith.

9. The main decisions taken in the Associate Committee meeting held on 02.12.12 are also attached herewith.

10. The Member (P&V) has asked HRD to submit the proposal in r/o in-situ promotion scheme.

Love,

Ravi  Malik.

    Click here for latest correspondence made by SG:   http://www.scribd.com/doc/117992994/Correspondence

Decisions taken in Associate Committee meeting of 02.12.12

1. Recruitment rules should be framed in the manner of granting parity with common entry counterparts of CSS, CBDT, Customs etc.

2. In future, Pune Unit will visit the advocate with Secretary General & President/Sh. S. K. Pareek (previous President) in relation of Supreme Court contempt case regarding recruitment rules.

3. Delhi Unit will file a case in the Principal Bench of CAT seeking time scale in PB3 for our Superintendents completing 4 years of service. Delhi Unit may also file a few more cases in the interest of the cadre.

4. The Units will be helped in legal cases only on their request at the time of filing the case, if case is not filed without consent of All India Body.

5. All India Body will file a case in the Principal Bench of CAT against offsetting of MACP upgradation with time scale. All the units, where recovery is being made from the officers due to this offsetting, will send the details to All India Body alongwith the copy of recovery orders.

6. The units will clear their dues pending upto 31.03.12 as early as possible but before 31.12.12. The dues for the year 2012-13 will also be cleared by the units not later than 31.03.13.

7. The units will also donate maximum funds to the All India Body to make the organisation stronger.

8. The units will deposit the DDO certificates for the current year immediately with the All India Body.

9. No waiver of dues will be made in future to any unit and the subscription will be deposited with the All India Body on the basis of the sanctioned strength of the officers by the units irrespective of the number of actual subscribers.

10. If no serious steps are taken by the Board and other concerned authorities to improve our career prospects and redress other grievances, protest week will be observed in the month of February, 13 and mass resignations will be submitted in the month of April, 13.

CALL BY COM. MISHRAJI TO ALL ELIGIBLE SUPDTS TO REPRESENT FOR GP7600

(REPRESENTATION SHOULD BE SUBMITTED INDIVIDUALLY BY SUPERINTENDENTS WHO  HAVE COMPLETED MORE THAN 4 YEARS AS SUPERINTENDENT AS ON 01.01.2006 AND GRANTED WITH 2ND FINANCIAL UPGRADATION UNDER ACPS PRIOR TO 31.12.2005)
DRAFT
To

The Chairman,
Central Board of Excise & Customs,
North Block, New Delhi-110001.

(Through Proper Channel)

Subject: Issue of direction to grant GP-7600 in PB-3 in 3rd financial upgradation under Modified Assured Career Progression Scheme (MACP Scheme) in case of Shri -------------------------- Superintendent of Central Excise, ------------------------request for.

Sir,
Kindly refer to Order ----------------------------------dated --------------------------of Central Excise Commissionerate, ------------------------------(copy enclosed) relating to financial upgradation under Modified Assured Carrier Progression Scheme & the O.M. F. No A-32011/8/98-Ad III (A) dated 23.08.99 of the Central Board of Excise and Customs relating to ACP Scheme and DOPT, OM NO 35034/3/2008-Estt. (D) Dated 09.09.2010 relating to Modified Assured Carrier Progression Scheme.
2. I, -------------------------------- Superintendent of Central Excise, Customs & Service Tax, ----------------------, Commissionerate, --------------------- ( herein after referred to as ( “the Representationist”) beg to state that I, joined as Inspector of Central Excise on-----------------------------, got promotion to the post of Superintendent of Central Excise on-------------------------, granted with the pay scale of 8000-13500 in second financial upgradation under ACP Scheme w.e.f.---------------------and granted with the GP-6600 in PB-3 in 3rd financial upgradation under Modified Assured Carrier Progression Scheme w.e.f.------------------

3. It is respectfully submitted by “the Representationist” that the Central Board of Excise and Customs had allowed the following financial upgradation under ACP Scheme to the cadre of the Inspector of Central Excise vide O.M F.NO A-32011/8/98-Ad III (A) dated 23.08.1999:-
(A). Initial recruitment: Inspector of Central Excise in the pay scale of Rs. 5,500-9,000/-.
(B). First financial upgradation under ACP after 12 years of service: The pay scale of the Superintendent, i.e., Rs. 6,500-10,500/-.
( C ). Second financial upgradation under ACP: The pay scale of the Asst. Commissioner after 24 years of service, i.e., Rs. 8,000-13,500/-.
The pay scales of the Inspector and Superintendent were revised to Rs. 6,500-10,500/- and Rs. 7,500-12,000/- respectively with effect from 21.04.2004 under Department of Expenditure OM F. No.6/37/98.IC dated 21.04.2004, and on implementation of the recommendations of VI Central Pay Commission, the pay scale of the Superintendent of Central Excise was revised by the Govt. of India (Department of Expenditure) w.e.f. 01.01.06 vide notification dated. 29.08.08 (G.S.R. NO622 (E) dated 29.08.08) duly upgrading the post of Superintendent in the following manner:-
(A) Rs. 7,500-12,000/-, revised to the grade pay of Rs. 4,800/- in PB-2.
(B) Rs. 8,000-13,500/- (after 4 years of continuous service,) revised to the grade pay of Rs. 5,400/- in PB-2.
Since the Govt. of India granted two Pay Scales/ Grade Pays to the post of Superintendent of Central Excise w.e.f. 01.01.2006(while one i.e. 7500 -12000 revised to GP-4800 in PB-2 is normal replacement scale/grade pay, the second i.e. 8000-13500 revised to GP-5400 in PB-2 is a higher pay scale/ grade pay), it is considered that the post of Superintendent is upgraded w.e.f 01/01/2006. In the said Gazette Notification dated 29.08.08, it is clearly mentioned that those have completed 4 years are entitled for the pre revised scale of pay of 8000-13500. Prior to the period 31.12.2005( 01.01.96 to 31.12.2005), the Superintendents who completed 4 years of service as Superintendent were granted with the pay scale of 7500-12000( pre revised scale from 21.04.2004 to 31.12.2005) or 6500-10500 ( pre revised scale from 01.01.96 to 20.04.2004)along with other Superintendents who completed less than 4 years of service . But in accordance with Govt. of India Gazette Notification dated 29.08.2008 two class has been created in the grade of Superintendent of Central Excise one class for Superintendents having less than 4 years of service in the grade of Superintendent of Central Excise and the 2nd class for Superintendents having more than 4 years service as Superintendent. The 2nd class i.e. Superintendents having more than 4 years of service has been upgraded with effect from 01.01.2006 and in this case the pay scale of 7500-12000( pre revised ) has been upgraded to 8000-13500( pre revised ) w.e.f. 01.01.2006 as per the said Gazette Notification dated 29.08.2008.

4.. It is respectfully further submitted by “the Representationist” that Para.5 to Annexure-I of Modified Assured Career Progression Scheme circulated by DOPT under OM NO.35034/3/2008-Estt.(D) dated 19.5.2009 reads as follows:
“Promotion earned/upgradation granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/ up gradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting up gradations under Modified ACPS.”
The Central Board of Excise and Customs under FNO A-26017/98/2008-AdIIA dated 16.09.2009 , has interalia instructed its entire Cadre Controlling Authorities that the grant of the higher grade pay of Rs 5400 in PB-2 on non functional basis is not linked to vacancy and may be given retrospectively w.e.f 01.01.2006 irrespective of the pay scale attached to the post. The CBEC again under F.NO.A.26017/98/2008-AdIIA dated17/23.12.2009 has clarified that “the benefit of one increment @3%is permissible at the time of fixation of pay of Gr-B officer on non functional basis”.

“The Representationist” had completed more than 4 years of service as Superintendent as on 01.01.2006, and was eligible to be granted with the pre revised scale of 8000-13500 as non functional basis on the said date i.e. 01.01.2006 as per Gazette Notification dated 29.08.08 red with CBEC FNO A-26017/98/2008-AdIIA dated 16.09.2009 with the benefit of one increment. Since “the Representationist” was granted with the same pre revised scale of pay of 8000-13500 on his 2nd financial upgradation w.e.f -----------------, such 2nd financial upgradation under ACPS was required to be ignored w.e.f. 01.01.2006 under above said para.5 to Annexure-I of Modified Assured Career Progression Scheme circulated by DOPT under OM NO.35034/3/2008-Estt.(D) dated 19.5.2009 ,

5. It is respectfully submitted by “the Representationist” that para 6.1 of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009 provides that “In the case of ACP upgradation granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS(RP) Rules, 2008 to have his pay fixed the revised pay structure either (a) w.e.f. 01.01.2006 with reference to his pre-revised scale as on 01.01.2006 or (b) w.e.f the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP. In case of option (b) he shall be entitled to draw his arrears of pay only from the date of his option i.e. the date of financial up gradation under ACP”.

6. It is respectfully submitted by “the Representationist” that after the pay scale of 8000-13500(pre revised ) was granted with one increment to the “the Representationist” on non functional basis w.e.f 01.01.2006, duly ignoring his earlier 2nd financial upgradation under ACPS, he was required to be granted the pay scale of 10000-15200( pre revised) in the 2nd financial upgradation under ACPS again as on 01.01.2006 ( because the pre revised pay scale of 10000-15200 is higher to the pre revised pay scale of 8000-13500 in the hierarchy and as per para 6.1 of MACPS in the case of ACP upgradation granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS(RP) Rules, 2008 to have his pay fixed in the revised pay structure w.e.f the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP).
After granting the pay scale of 10000-15200 (pre revised) in second financial upgradation under ACPS again w.e.f 01.01.2006 duly ignoring the earlier second financial up gradation under ACPS, the pay scale of “the Representationist” was required to be fixed in the GP-6600 in PB-3 (revised ) as on 01.01.2006, in terms of para 6.1 of MACPS &“the Representationist” was entitled to draw his arrears of pay on 01.01.2006 i.e. the date of financial up gradation under ACP”.

7. It is respectfully submitted by “the Representationist” that vide F.NO 1/AICEGEO/BBSR /2009/129 dated 25.08.09, ( copy enclosed )the General Secretary of All India Association of Central Excise Gazetted Executive Officers, Bhubaneswar Unit, Bhubaneswar had requested your good self to grant GP-7600 in PB-3 in 3rd financial up gradation under MACPS to the Superintendents of Central Excise on completion of 30 years of service and eligible for such up gradation, but due to ill luck the said representation is still pending at Board. Despite such request to grant GP-7600 in PB-3 in 3rd financial upgradation under MACPS, -------------------- dated ---------------------- of Commissionerate of Central Excise , ------------------------, “the Representationist” was granted with GP-6600 in PB-3 on his 3rd financial upgradation under MACPS w.e.f -----------------by the Commissioner Central Excise & Customs , --------------------. The Secretary General of All India Association of Central Excise Gazetted Executive Officers vide Ref.No.15/10 dated 26.02.10 has also represented your honour to grant GP-7600 in PB-3 in 3rd financial up gradation under MACPS to the Superintendents of Central Excise on completion of 30 years of service and eligible for such up gradation, but due to ill luck the said representation is also still pending at Board.
Nothing has been mentioned in the order NO. ------------------ dated -------------- of Commissionerate of Central Excise ,-----------------------------, about exercise of option under para 6.1of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009 for which “the Representationist” could not exercise any option under the said para. Moreover, since Board circular dated 23.08.99 relating to ACPS has not yet been amended, “the Representationist also could not get a chance to exercise any option under such para 6.1. Therefore the said OM dated 23.08.99 of CBEC and order NO. -----------------------dated -------------------------- of Commissionerate of Central Excise , --------------------- are required to be amended with a provision to exercise option under 6.1 of Annexure to MACPS afresh by “the Representationist”.

8. It is respectfully submitted by “the Representationist” that the O.M. No.35034/1/97-EST(D) dt.08.09.99 of DOPT provides vide para-7 to Annexure-I thereof that the financial upgradation under the ACP Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre. Therefore, the Superintendents of Central Excise with 2nd financial upgradation under ACP Scheme were required to be placed in the pay scale of Rs. 10,000-15,200/- which has been revised to the grade pay of Rs. 6,600/- in PB-3 w.e.f. 01.01.06 ,because the Govt. of India considered to grant the pre-revised pay scale of Rs. 8,000-13,500/- after 4 years of continuous service to the cadre of Superintendent of Central Excise with effect from 01.01.06. But the CBEC has wrongly directed to place such Superintendents having 2nd financial upgradation under ACP scheme in the grade pay of Rs. 5,400/- in PB-3 w.e.f. 01.01.06 vide O.M. F.No. A-26017/76/2009-Ad.IIA dated. 29.09.09. The Govt. of India Gazette Notification dated 29.08.08 inter-alia provides that the financial upgradation under the Modified ACP Scheme shall be given to the next higher grade pay in the hierarchy. It has been clarified by the Board that the benefit of one increment @ 3% is permissible at the time of fixation of the pay to the group ‘B’ officers in PB-2 on non-functional basis with the grade pay of Rs. 5,400/- vide the O.M. F.No. A.26017/98/2008.Ad.II (A) dt. 23.12.09. Since the grade pay of Rs. 5,400/- has been provided in both PB-2 and PB-3 , the stagnated Superintendents of Central Excise who have completed more than 4 years of service in Superintendent grade as on 01.01.06 as well as also have been awarded with the second financial upgradation under ACP Scheme could not get any financial relief in the true sense in view of such clarification dated 29.09.09 of CBEC because the grade pay of Rs. 5,400/- in PB-3 is no way higher than the grade pay of Rs. 5,400/- in PB-2. Moreover, the officers completing 4 years of service have been awarded with a 3% increment while the officers completing 24 years of service have not been awarded with any financial benefit at all. In this context, it may be pertinent to mention that the Section Officers of the Central Secretariat Service who had been granted with non-functional scale of Rs.8,000-13,500/- after completion of 4 years of continuous service under O.M. No. 21/36/03-CX.1 dt. 13.11.03 of DOPT had been awarded with the pay scale of Under Secretary, i.e., Rs. 10,000-15,200/- at the time of granting the second financial upgradation under ACP scheme, during the period 01.01.96 to 31.12.05. The DOP&T had clarified vide O.M. No. 35034/1/2000/Estt.(D) dt. 12.09.03 that there must be a financial relief in true sense to the stagnating officers under the ACP scheme. Therefore, the Superintendents of Central Excise who have been awarded with the second financial upgradation under the ACP Scheme were entitled to get the grade pay of Rs.6,600/- in PB-3 w.e.f. 01.01.06 in view of the said circular dated 12.09.03 of DOP&T.

9. It is respectfully submitted by “the Representationist” that the Board directed all the cadre controlling authorities under CBEC to implement the Modified Assured Career Progression Scheme w.e.f. 01.09.08 in accordance with O. M. dt. 19.05.09 of DOPT, circulated vide F. No. A-26017/76/2009-AD II (A) dt. 17.06.09. Accordingly, the Superintendents of Central Excise completing 30 years of regular service are required to be placed in the grade pay of Rs.7,600/- in PB-3 under 3rd financial upgradation because the grade pay given at the time of financial upgradation is to be the next higher grade pay in the hierarchy of the revised pay band and grade pay as per the Gazette Notification dated 29,08.08.. The grade pay of Rs. 7,600/- in PB-3 is the next higher grade pay to the grade pay of Rs. 6,600/-. The Govt. of India have accepted the recommendation of VI CPC to the effect that the grade pay given at the time of financial upgradation under ACP will be the immediate next higher grade pay in the hierarchy of revised pay bands as per the notification dated 29.08.08. Para 8.1 of O.M. No. 35034/3/2008-Estt.(D) dt. 19.05.09 regarding MACPS provides that the grade pay of Rs. 5,400/- in PB-2 and grade pay of Rs. 5,400/- in PB-3 should be treated as separate grade pays for the purpose of the grant of upgradation under MACPS. This para 8.1 is operative from 01.09.2008 and provisions of this paragraph were not applicable for financial upgradation under ACPS during the period 01.01.2006 to 31. 08.2008. However, this O.M. does not provide that the grade pay of Rs.5, 400/- in PB-3 should be considered as higher than the grade pay of Rs. 5,400/- in PB-2. Any Gazette notification cannot be superseded by any circular or clarification, therefore Para 8.1 of OM No 35034/3/2008-Estt.(D) dated 19.05.09 does not speak that GP 5400 in PB-3 is higher than Gp-5400 in PB-2 . GP-5400 in PB-2 is equal to GP-5400 in PB-3. Hence the Superintendents of Central Excise who have joined as direct recruitee Inspector on completion of 30 years of regular service (as Inspector and Superintendent) are entitled for the grade pay of Rs 7,600/- in PB-3 in 3rd financial upgradation under MACP Scheme.

10. It is respectfully submitted by “the Representationist” that as it appears , considering all the above points as discussed above, the Department of Personnel & Training vide OM NO 35034/34/2008-Estt (D) dated 09.09.2010 read with OM NO 35034/3/2008-Estt(D) dated 07.09.2010, against point of doubt serial no .3, has interalia clarified the following;-

“(B) In the case of normal promotional hierarchy:
Date of appointment in entry Grade in the pre-revised pay scale of Rs 5500-9000-: 01.10.1982/

1st ACP due on 09.08.1999; Rs 6500-10500.

2nd ACP due on 01.10.2006 (as per the existing hierarchy): Rs 10000-15200 (pre revised).

Therefore 2nd ACP would be in PB-3 with Grade pay of 6600 (in terms of hierarchy available).

3rd financial upgradation under MACPS would be due on 01.10.2010 in the immediate next higher grade pay in the hierarchy of recommended revised pay brand and grade of Rs 7600”.

It is inferred otherwise from a plain reading of the above said clarification that the officers of Central Excise Department ( normal promotional hierarchy is available in this department) those have completed 4 years (irrespective of having 2nd financial up gradation under ACP Scheme)&( ignoring such financial upgradation) were entitled for NF Scale as on 01.01.2006 and those were having NF Scale of 8000-13500 as on 01.01.2006 (revised to GP- 5400 either in PB-2 or in PB-3) were entitled to Pay scale of 10000-15200 (revised to GP-6600 in PB-3) on 2nd financial upgradation under ACP Scheme.

11. “The Representationist” therefore, respectfully requested that immediate necessary steps may kindly be taken for issuance of the necessary orders to implement the above said Govt. of India (Department of Expenditure) notification dated. 29.08.08 (G.S.R. NO622 (E) dated 29.08.08), DOPT. OM. NO. 35034/34/2008-Estt (D) dated 09.09.2010 read with OM NO 35034/3/2008-Estt(D) dated 07.09.2010 & DOPT, OM NO 35034/3/2008-Estt. (D) dated 09.09.2010 relating to Modified Assured Carrier Progression Scheme, and to grant the following to “the Representationist”.
(I) . The non functional scale of 8000-13500(pre revised) w.e.f 01.01.2006 duly ignoring his earlier 2nd financial upgradation under ACPS (allowed as on -----------------), as he had completed more than 4 years service as Superintendent as on the said date.

(II) The scale of pay of 10000-15200 (pre revised) duly allowing him again 2nd financial upgradation w.e.f 01.01.2006 under ACPS.

(III) To exercise option w.e.f 01.01.2006 afresh under para 6.1 of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009.

(IV).The Grade Pay of Rs.7, 600/- in PB-3 on 3rd financial upgradation w.e.f 01.09.2008 under MACPS.

Kind obliged.

Yours faithfully,


(------------------------------)
SUPERINTENDENT
Central Excise, Customs and Service Tax
----------------------------------------

Advance copy is submitted to save delay.

(REPRESENTATION SHOULD BE SUBMITTED INDIVIDUALLY BT SUPERINTENDENS WHO WAS GRANTED 2ND FINANCIAL UP GRADATION UNDER ACPS PRIOR TO 31.12.2005 AND COMPLETED 4 YEARS OF SERVICE AS SUPERINTENDENT DURING 01.01.2006 TO 31.08.2008 AND GOT 3RD MACPS)

DRAFT

To

The Chairman,
Central Board of Excise & Customs,
North Block, New Delhi-110001.

(Through Proper Channel)

Subject: Issue of direction to grant GP-7600 in PB-3 in 3rd financial upgradation under Modified Assured Career Progression Scheme (MACP Scheme) in case of Shri -------------------------- Superintendent of Central Excise, ------------------------request for.

Sir,
Kindly refer to Order ----------------------------------dated --------------------------of Central Excise Commissionerate, ------------------------------(copy enclosed) relating to financial upgradation under Modified Assured Carrier Progression Scheme & the O.M. F. No A-32011/8/98-Ad III (A) dated 23.08.99 of the Central Board of Excise and Customs relating to ACP Scheme and DOPT, OM NO 35034/3/2008-Estt. (D) Dated 09.09.2010 relating to Modified Assured Carrier Progression Scheme.
2. I, -------------------------------- Superintendent of Central Excise, Customs & Service Tax, ----------------------, Commissionerate, --------------------- ( herein after referred to as ( “the Representationist”) beg to state that I, joined as Inspector of Central Excise on-----------------------------, got promotion to the post of Superintendent of Central Excise on-------------------------, granted with the pay scale of 8000-13500 in second financial upgradation under ACP Scheme w.e.f.---------------------and granted with the GP-6600 in PB-3 in 3rd financial upgradation under Modified Assured Carrier Progression Scheme w.e.f.------------------

3. It is respectfully submitted by “the Representationist” that the Central Board of Excise and Customs had allowed the following financial upgradation under ACP Scheme to the cadre of the Inspector of Central Excise vide O.M F.NO A-32011/8/98-Ad III (A) dated 23.08.1999:-
(A). Initial recruitment: Inspector of Central Excise in the pay scale of Rs. 5,500-9,000/-.
(B). First financial upgradation under ACP after 12 years of service: The pay scale of the Superintendent, i.e., Rs. 6,500-10,500/-.
( C ). Second financial upgradation under ACP: The pay scale of the Asst. Commissioner after 24 years of service, i.e., Rs. 8,000-13,500/-.
The pay scales of the Inspector and Superintendent were revised to Rs. 6,500-10,500/- and Rs. 7,500-12,000/- respectively with effect from 21.04.2004 under Department of Expenditure OM F. No.6/37/98.IC dated 21.04.2004, and on implementation of the recommendations of VI Central Pay Commission, the pay scale of the Superintendent of Central Excise was revised by the Govt. of India (Department of Expenditure) w.e.f. 01.01.06 vide notification dated. 29.08.08 (G.S.R. NO622 (E) dated 29.08.08) duly upgrading the post of Superintendent in the following manner:-
(A) Rs. 7,500-12,000/-, revised to the grade pay of Rs. 4,800/- in PB-2.
(B) Rs. 8,000-13,500/- (after 4 years of continuous service,) revised to the grade pay of Rs. 5,400/- in PB-2.
Since the Govt. of India granted two Pay Scales/ Grade Pays to the post of Superintendent of Central Excise w.e.f. 01.01.2006(while one i.e. 7500 -12000 revised to GP-4800 in PB-2 is normal replacement scale/grade pay, the second i.e. 8000-13500 revised to GP-5400 in PB-2 is a higher pay scale/ grade pay), it is considered that the post of Superintendent is upgraded w.e.f 01/01/2006. In the said Gazette Notification dated 29.08.08, it is clearly mentioned that those have completed 4 years are entitled for the pre revised scale of pay of 8000-13500. Prior to the period 31.12.2005( 01.01.96 to 31.12.2005), the Superintendents who completed 4 years of service as Superintendent were granted with the pay scale of 7500-12000( pre revised scale from 21.04.2004 to 31.12.2005) or 6500-10500 ( pre revised scale from 01.01.96 to 20.04.2004)along with other Superintendents who completed less than 4 years of service . But in accordance with Govt. of India Gazette Notification dated 29.08.2008 two class has been created in the grade of Superintendent of Central Excise one class for Superintendents having less than 4 years of service in the grade of Superintendent of Central Excise and the 2nd class for Superintendents having more than 4 years service as Superintendent. The 2nd class i.e. Superintendents having more than 4 years of service has been upgraded with effect from 01.01.2006 and in this case the pay scale of 7500-12000( pre revised ) has been upgraded to 8000-13500( pre revised ) w.e.f. 01.01.2006 as per the said Gazette Notification dated 29.08.2008.

4.. It is respectfully further submitted by “the Representationist” that Para.5 to Annexure-I of Modified Assured Career Progression Scheme circulated by DOPT under OM NO.35034/3/2008-Estt.(D) dated 19.5.2009 reads as follows:
“Promotion earned/upgradation granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/ up gradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting up gradations under Modified ACPS.”
The Central Board of Excise and Customs under FNO A-26017/98/2008-AdIIA dated 16.09.2009 , has interalia instructed its entire Cadre Controlling Authorities that the grant of the higher grade pay of Rs 5400 in PB-2 on non functional basis is not linked to vacancy and may be given retrospectively w.e.f 01.01.2006 irrespective of the pay scale attached to the post. The CBEC again under F.NO.A.26017/98/2008-AdIIA dated17/23.12.2009 has clarified that “the benefit of one increment @3%is permissible at the time of fixation of pay of Gr-B officer on non functional basis”.

“The Representationist” had completed more than 4 years of service as Superintendent as on ------------------, and was eligible to be granted with the pre revised scale of 8000-13500 as non functional basis on the said date i.e. ------------- as per Gazette Notification dated 29.08.08 red with CBEC FNO A-26017/98/2008-AdIIA dated 16.09.2009 with the benefit of one increment. Since “the Representationist” was granted with the same pre revised scale of pay of 8000-13500 on his 2nd financial upgradation w.e.f -----------------, such 2nd financial upgradation under ACPS was required to be ignored w.e.f. ----------- under above said para.5 to Annexure-I of Modified Assured Career Progression Scheme circulated by DOPT under OM NO.35034/3/2008-Estt.(D) dated 19.5.2009 ,

5. It is respectfully submitted by “the Representationist” that para 6.1 of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009 provides that “In the case of ACP upgradation granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS(RP) Rules, 2008 to have his pay fixed the revised pay structure either (a) w.e.f. 01.01.2006 with reference to his pre-revised scale as on 01.01.2006 or (b) w.e.f the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP. In case of option (b) he shall be entitled to draw his arrears of pay only from the date of his option i.e. the date of financial up gradation under ACP”.

6. It is respectfully submitted by “the Representationist” that after the pay scale of 8000-13500(pre revised ) was granted with one increment to the “the Representationist” on non functional basis w.e.f.-----------------, duly ignoring his earlier 2nd financial upgradation under ACPS, he was required to be granted the pay scale of 10000-15200( pre revised) in the 2nd financial upgradation under ACPS again as on--------------- ( because the pre revised pay scale of 10000-15200 is higher to the pre revised pay scale of 8000-13500 in the hierarchy and as per para 6.1 of MACPS in the case of ACP upgradation granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS(RP) Rules, 2008 to have his pay fixed in the revised pay structure w.e.f the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP).
After granting the pay scale of 10000-15200 (pre revised) in second financial upgradation under ACPS again w.e.f ---------------- duly ignoring the earlier second financial up gradation under ACPS, the pay scale of “the Representationist” was required to be fixed in the GP-6600 in PB-3 (revised ) as on ---------------------, in terms of para 6.1 of MACPS &“the Representationist” was entitled to draw his arrears of pay on ------------------- i.e. the date of financial up gradation under ACP”.

7. It is respectfully submitted by “the Representationist” that vide F.NO 1/AICEGEO/BBSR /2009/129 dated 25.08.09, ( copy enclosed )the General Secretary of All India Association of Central Excise Gazetted Executive Officers, Bhubaneswar Unit, Bhubaneswar had requested your good self to grant GP-7600 in PB-3 in 3rd financial up gradation under MACPS to the Superintendents of Central Excise on completion of 30 years of service and eligible for such up gradation, but due to ill luck the said representation is still pending at Board. Despite such request to grant GP-7600 in PB-3 in 3rd financial upgradation under MACPS, -------------------- dated ---------------------- of Commissionerate of Central Excise , ------------------------, “the Representationist” was granted with GP-6600 in PB-3 on his 3rd financial upgradation under MACPS w.e.f -----------------by the Commissioner Central Excise & Customs , --------------------. The Secretary General of All India Association of Central Excise Gazetted Executive Officers vide Ref.No.15/10 dated 26.02.10 has also represented your honour to grant GP-7600 in PB-3 in 3rd financial up gradation under MACPS to the Superintendents of Central Excise on completion of 30 years of service and eligible for such up gradation, but due to ill luck the said representation is also still pending at Board.
Nothing has been mentioned in the order NO. ------------------ dated -------------- of Commissionerate of Central Excise ,-----------------------------, about exercise of option under para 6.1of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009 for which “the Representationist” could not exercise any option under the said para. Moreover, since Board circular dated 23.08.99 relating to ACPS has not yet been amended, “the Representationist also could not get a chance to exercise any option under such para 6.1. Therefore the said OM dated 23.08.99 of CBEC and order NO. -----------------------dated -------------------------- of Commissionerate of Central Excise , --------------------- are required to be amended with a provision to exercise option under 6.1 of Annexure to MACPS afresh by “the Representationist”.

8. It is respectfully submitted by “the Representationist” that the O.M. No.35034/1/97-EST(D) dt.08.09.99 of DOPT provides vide para-7 to Annexure-I thereof that the financial upgradation under the ACP Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre. Therefore, the Superintendents of Central Excise with 2nd financial upgradation under ACP Scheme were required to be placed in the pay scale of Rs. 10,000-15,200/- which has been revised to the grade pay of Rs. 6,600/- in PB-3 w.e.f. 01.01.06 ,because the Govt. of India considered to grant the pre-revised pay scale of Rs. 8,000-13,500/- after 4 years of continuous service to the cadre of Superintendent of Central Excise with effect from 01.01.06. But the CBEC has wrongly directed to place such Superintendents having 2nd financial upgradation under ACP scheme in the grade pay of Rs. 5,400/- in PB-3 w.e.f. 01.01.06 vide O.M. F.No. A-26017/76/2009-Ad.IIA dated. 29.09.09. The Govt. of India Gazette Notification dated 29.08.08 inter-alia provides that the financial upgradation under the Modified ACP Scheme shall be given to the next higher grade pay in the hierarchy. It has been clarified by the Board that the benefit of one increment @ 3% is permissible at the time of fixation of the pay to the group ‘B’ officers in PB-2 on non-functional basis with the grade pay of Rs. 5,400/- vide the O.M. F.No. A.26017/98/2008.Ad.II (A) dt. 23.12.09. Since the grade pay of Rs. 5,400/- has been provided in both PB-2 and PB-3 , the stagnated Superintendents of Central Excise who have completed more than 4 years of service in Superintendent grade as on 01.01.06 as well as also have been awarded with the second financial upgradation under ACP Scheme could not get any financial relief in the true sense in view of such clarification dated 29.09.09 of CBEC because the grade pay of Rs. 5,400/- in PB-3 is no way higher than the grade pay of Rs. 5,400/- in PB-2. Moreover, the officers completing 4 years of service have been awarded with a 3% increment while the officers completing 24 years of service have not been awarded with any financial benefit at all. In this context, it may be pertinent to mention that the Section Officers of the Central Secretariat Service who had been granted with non-functional scale of Rs.8,000-13,500/- after completion of 4 years of continuous service under O.M. No. 21/36/03-CX.1 dt. 13.11.03 of DOPT had been awarded with the pay scale of Under Secretary, i.e., Rs. 10,000-15,200/- at the time of granting the second financial upgradation under ACP scheme, during the period 01.01.96 to 31.12.05. The DOP&T had clarified vide O.M. No. 35034/1/2000/Estt.(D) dt. 12.09.03 that there must be a financial relief in true sense to the stagnating officers under the ACP scheme. Therefore, the Superintendents of Central Excise who have been awarded with the second financial upgradation under the ACP Scheme were entitled to get the grade pay of Rs.6,600/- in PB-3 w.e.f. 01.01.06 in view of the said circular dated 12.09.03 of DOP&T.

9. It is respectfully submitted by “the Representationist” that the Board directed all the cadre controlling authorities under CBEC to implement the Modified Assured Career Progression Scheme w.e.f. 01.09.08 in accordance with O. M. dt. 19.05.09 of DOPT, circulated vide F. No. A-26017/76/2009-AD II (A) dt. 17.06.09. Accordingly, the Superintendents of Central Excise completing 30 years of regular service are required to be placed in the grade pay of Rs.7,600/- in PB-3 under 3rd financial upgradation because the grade pay given at the time of financial upgradation is to be the next higher grade pay in the hierarchy of the revised pay band and grade pay as per the Gazette Notification dated 29,08.08.. The grade pay of Rs. 7,600/- in PB-3 is the next higher grade pay to the grade pay of Rs. 6,600/-. The Govt. of India have accepted the recommendation of VI CPC to the effect that the grade pay given at the time of financial upgradation under ACP will be the immediate next higher grade pay in the hierarchy of revised pay bands as per the notification dated 29.08.08. Para 8.1 of O.M. No. 35034/3/2008-Estt.(D) dt. 19.05.09 regarding MACPS provides that the grade pay of Rs. 5,400/- in PB-2 and grade pay of Rs. 5,400/- in PB-3 should be treated as separate grade pays for the purpose of the grant of upgradation under MACPS. This para 8.1 is operative from 01.09.2008 and provisions of this paragraph were not applicable for financial upgradation under ACPS during the period 01.01.2006 to 31. 08.2008. However, this O.M. does not provide that the grade pay of Rs.5, 400/- in PB-3 should be considered as higher than the grade pay of Rs. 5,400/- in PB-2. Any Gazette notification cannot be superseded by any circular or clarification, therefore Para 8.1 of OM No 35034/3/2008-Estt.(D) dated 19.05.09 does not speak that GP 5400 in PB-3 is higher than Gp-5400 in PB-2 . GP-5400 in PB-2 is equal to GP-5400 in PB-3. Hence the Superintendents of Central Excise who have joined as direct recruitee Inspector on completion of 30 years of regular service (as Inspector and Superintendent) are entitled for the grade pay of Rs 7,600/- in PB-3 in 3rd financial upgradation under MACP Scheme.

10. It is respectfully submitted by “the Representationist” that as it appears , considering all the above points as discussed above, the Department of Personnel & Training vide OM NO 35034/34/2008-Estt (D) dated 09.09.2010 read with OM NO 35034/3/2008-Estt(D) dated 07.09.2010, against point of doubt serial no .3, has interalia clarified the following;-

“(B) In the case of normal promotional hierarchy:
Date of appointment in entry Grade in the pre-revised pay scale of Rs 5500-9000-: 01.10.1982/

1st ACP due on 09.08.1999; Rs 6500-10500.

2nd ACP due on 01.10.2006 (as per the existing hierarchy): Rs 10000-15200 (pre revised).

Therefore 2nd ACP would be in PB-3 with Grade pay of 6600 (in terms of hierarchy available).

3rd financial upgradation under MACPS would be due on 01.10.2010 in the immediate next higher grade pay in the hierarchy of recommended revised pay brand and grade of Rs 7600”.

It is inferred otherwise from a plain reading of the above said clarification that the officers of Central Excise Department ( normal promotional hierarchy is available in this department) those have completed 4 years (irrespective of having 2nd financial up gradation under ACP Scheme)&( ignoring such financial upgradation) were entitled for NF Scale as on 01.01.2006 and those were having NF Scale of 8000-13500 as on 01.01.2006 (revised to GP- 5400 either in PB-2 or in PB-3) were entitled to Pay scale of 10000-15200 (revised to GP-6600 in PB-3) on 2nd financial upgradation under ACP Scheme.

11. “The Representationist” therefore, respectfully requested that immediate necessary steps may kindly be taken for issuance of the necessary orders to implement the above said Govt. of India (Department of Expenditure) notification dated. 29.08.08 (G.S.R. NO622 (E) dated 29.08.08), DOPT. OM. NO. 35034/34/2008-Estt (D) dated 09.09.2010 read with OM NO 35034/3/2008-Estt(D) dated 07.09.2010 & DOPT, OM NO 35034/3/2008-Estt. (D) dated 09.09.2010 relating to Modified Assured Carrier Progression Scheme, and to grant the following to “the Representationist”.
(I) . The non functional scale of 8000-13500(pre revised) w.e.f ------------ duly ignoring his earlier 2nd financial upgradation under ACPS (allowed as on -----------------), as he had completed 4 years service as Superintendent as on the said date.

(II) The scale of pay of 10000-15200 (pre revised) duly allowing him again 2nd financial upgradation w.e.f ----------------------- under ACPS.

(III) To exercise option w.e.f 01.01.2006 afresh under para 6.1 of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009.

(IV).The Grade Pay of Rs.7, 600/- in PB-3 on 3rd financial upgradation w.e.f ---------------------------------under MACPS.

Kind obliged.

Yours faithfully,


(------------------------------)
SUPERINTENDENT
Central Excise, Customs and Service Tax
----------------------------------------

Advance copy is submitted to save delay.

DEC 31 LAST DATE FOR ENCASHMENT OF EL FOR 10 DAYS ON LTC

December 31st is the last date for encashment of EL for 10 days on LTC for the Block years 2010-2011 extended upto 31.12.2012. Journey should commence before 31st Dec 2012 and can be extended into next year.

UPDATE ON 5400 CASE IN AP HIGH COURT

TODAY'S CASE IS ADJOURNED FOR TWO WEEKS ON THE REQUEST OF ASST. SOLICITOR  GEN. OF DEPT.

AP HIGH COURT CASE ON 5400 IS POSTED FOR TODAY

WP 39218 / 2012

WPSR 210177 / 2012

CASE IS:PENDING

PETITIONER RESPONDENT SECRETARY, G.O.I., MIN. OF FINANCE, NEW DELHI & 4 OT   VS P. VIGNESHWAR RAJU, HYD & 14 OT PET.ADV. : VISHNUVARDHAN REDDY(ASST SOL GEN) RESP.ADV. : VIJAY SUBJECT: CENTRAL ADMINISTRATIVE TRIBUNAL DISTRICT:  HYDERABAD

FILING DATE:  18-12-2012 POSTING STAGE :  FOR ADMISSION REG. DATE    :   19-12-2012 LISTING DATE :  20-12-2012 STATUS   :  ---------

HON'BLE JUDGE(S): ASHUTOSH MOHUNTA     K.S.APPA RAO

UPDATE BY COM.LOKNATH MISHRA ON MACP IN PROMOTIONAL HIERARCHY

‎1. Grant of MACP in the promotional hierarchy:-

The Staff Side stated that under ACP Scheme, financial upgradation was granted in promotional hierarchy and therefore it had become part of service condition of the employees. Under the MACPS, financial upgradations is permitted in Grade Pay hierarchy only, thereby adversely affecting the service conditions. Therefore, under MACPS also the financial upgradations should be granted in promotional hierarchy.

The Official Side stated that there was no such recommendation of the 6th CPC and in fact the Commission in its report, while discussing this issue, had mentioned that although the ACPS had, by and large, alleviated the problem of stagnation and also allowed higher rate of increments in the higher scale extended under it, it had, however, given rise to other problems. The financial upgradations in that scheme followed the then existing promotional hierarchy which gave rise to uneven benefit to employees falling in the same pay scale since several Organisations adopted different hierarchical pattern. Consequently, employees working in organizations having greater number of intermediate grades suffered because financial upgradation under ACPS placed them in a lower pay scale vis-a-vis similar]) placed employees in another organization that had lesser intermediary grades.

The 6th CPC therefore, recommended a systemic change in the existing scheme of ACPS whereby all employees, irrespective of the hierarchical structure as prevalent in their organization/cadre, would get the same benefit under it.

This was accepted by the Govt with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1, Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. In fact while accepting the recommendations of the 6th CPC on this issue there was no such demand by the Staff Side.

The Staff Side stated that the employees who were in service prior to 1.1.2006 had the right to retain first two financial upgradations in the promotional hierarchy and the Government cannot alter the existing service conditions adversely. The Official Side however stated that since MACPS is in supersession of earlier ACP scheme, this cannot be agreed to.

The Staff Side insisted that at least option be given to individual employees in this regard to facilitate him/her to opt for either ACP or MACP for availing benefit of financial upgradation. The Staff Side was insistent that either MACPS should be in promotional hierarchy or individual options should be given to the employees.

The Official Side stated that it was not possible to agree to individual options and if they have any alternate suggestions, the Staff Side could come back with them.

CBEC LETTER ON 1992 BATCH PAY ANOMALY OF CAT CUTTACK ORDER

CBEC clarification on Pre& Post April2004 anomaly