ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address
for communication:
Secretary General:
Lokanath
Mishra 240,
Razapur, Ghaziabad-201001 (U.P.) Ravi
Malik
Vice Presidents: Sampat Rai &
Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder
Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East);
P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore &
Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath
& S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K.
Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob.
09871483585)
(Recognised by G.O.I.,
Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 117/MACP/13
Dt. 22.05.13
REMINDER
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS
instructions.
Madam,
Kindly refer to the
following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii)
Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x)
Ref. No. 89/11 Dt. 09.06.11,
xi)
Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii)
Ref. No. 165/11 Dt.14.09.11,
xiv)
Ref. No. 166/11 Dt.14.09.11,
xv)
Ref. No. 167/11 Dt.14.09.11,
xvi)
Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii)
Ref. No. 25/12 Dt. 17.02.12 etc.
2. It is further submitted
with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/-
in PB2 and PB3 as separate grade pays which is unlawful because of not having
the difference of even a single rupee. This is unable to give any financial
benefit to the employees except one increment. The financial benefit is the basic feature of
ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as
separate grade pays for the purpose of MACPS (Modified ACPS). This seems a
simple conspiracy to befool the government employees in the name of granting
one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both
is higher in monetary terms. It was also nowhere either recommended by the 6th
CPC or resolved by the government in the notification issued on the basis of
the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be
counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake
holders. Nothing is ever modified to make the things
worse. In original ACPS, our officers were able to get the grade pay of Rs.
5400/- in PB3 after 24 years of service only. In MACPS, they’ll
be able to get this grade pay after 30 years or even more of service on account
of the un-reasoned classification of a single grade pay of Rs. 5400/- into two
grade pays by the authorities without application of any mind with the only
intention of befooling the employees. Thus, scheme has been de-modified instead
of being modified and thus, Modified ACPS is being proved to be lossful to our
officers instead of beneficial as compared to the original ACPS due to the
bifurcation of single grade pay of Rs. 5400/- into two without any monetary
increase.
5. MACPS has been further de-modified saying that the higher grade
pay would be
granted in the hierarchy of grade pays instead of the
promotional hierarchy or in the hierarchy of higher grades with actual
financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2
and PB3 under MACPS with malafide intention only to defeat the actual purpose
of ACPS against the recommendations of the 6th CPC as well as
resolution of the government Dt. 29.08.08. The original ACPS was introduced to
compensate the employees financially/monetarily against the lack of promotions
on account of stagnation to grant them the pay scale of higher promotional
post/s but the original aim & intention to introduce ACPS are missing in
MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump
from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit
for officers at the time of entering into PB3 from PB2 either in grade pay or
band pay. Surely, there is a meagre theoretical difference in band pays between
PB2 and PB3 but it is unable to give any benefit to our Superintendents because
of the level of minimum band pay under PB3 being already crossed by them very
well before the entry into PB3. The grade pays
in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of
the maximum of corresponding pre-revised scale of pay while the same have been
increased @ 49% of the maximum of corresponding pre-revised scale in the case
of PB3 & PB4.This is clear, gross &
intentional discrimination with a malafide intention under the aim for not
granting benefit to the group ‘B’ officers. Under this malafide plan only, a
single grade pay of Rs. 5400/- has been bifurcated into two grade pays with no
financial difference without any logic to give no benefit to the employees.
7. As per the recommendations of
the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para
4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall
change at the time of financial upgradation under Modified ACP Scheme and the grade
pay granted at the time of financial upgradation under the scheme will be the immediate
next higher grade pay in the hierarchy of revised pay bands and grade
pays. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade
pay of Rs. 5400/- in PB2.
8.
It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D)
Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated
as separate grade pays for the purpose of the grant of financial upgradation
under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 &
PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the
Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the
resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme
approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents
already in a grade pay of Rs. 5400/- under the time scale after 4 years of
service must be granted the next higher grade pay of Rs. 6600/- at the time of next
MACP upgradation.
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the
basis of the recommendations of 6CPC very clearly says that the financial
upgradations under MACPS would be granted in the higher grade/grade pay. It is
nowhere mentioned in the Notification that the upgradations would be granted in
the hierarchy of the grade pays and noway in the artificially created grade
pays by classifying a single grade pay of Rs. 5400/- into two without any
application of mind. This has been done without any justification, reasoning or
prudence and is violative of not only the rule of law but is also against the
principles of natural justice.
10. In view of the above, it is requested that the above said para
8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the financial
upgradations under the scheme may be granted in the higher grades/grade pays as
notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.
Copy with the request for
necessary action to:
1) The DG, HRD, CBEC, New
Delhi.
2) The ADG (HRM), HRD, CBEC,
New Delhi.
(RAVI MALIK)
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address
for communication:
Secretary General:
Lokanath
Mishra 240,
Razapur, Ghaziabad-201001 (U.P.) Ravi
Malik
Vice Presidents: Sampat Rai &
Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder
Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East);
P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore &
Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath
& S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K.
Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob.
09871483585)
(Recognised by G.O.I.,
Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 118/MACP/13
Dt. 22.05.13
REMINDER
To,
Sh. Sumit Bose,
The Secretary, Department of Revenue,
North
Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS
instructions.
Madam,
Kindly refer to the
following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii)
Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x)
Ref. No. 89/11 Dt. 09.06.11,
xi)
Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii)
Ref. No. 165/11 Dt.14.09.11,
xiv)
Ref. No. 166/11 Dt.14.09.11,
xv)
Ref. No. 167/11 Dt.14.09.11,
xvi)
Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii)
Ref. No. 25/12 Dt. 17.02.12 etc.
2. It is further submitted
with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/-
in PB2 and PB3 as separate grade pays which is unlawful because of not having
the difference of even a single rupee. This is unable to give any financial
benefit to the employees except one increment. The financial benefit is the basic feature of
ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as
separate grade pays for the purpose of MACPS (Modified ACPS). This seems a
simple conspiracy to befool the government employees in the name of granting
one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both
is higher in monetary terms. It was also nowhere either recommended by the 6th
CPC or resolved by the government in the notification issued on the basis of
the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be
counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake
holders. Nothing is ever modified to make the things
worse. In original ACPS, our officers were able to get the grade pay of Rs.
5400/- in PB3 after 24 years of service only. In MACPS, they’ll
be able to get this grade pay after 30 years or even more of service on account
of the un-reasoned classification of a single grade pay of Rs. 5400/- into two
grade pays by the authorities without application of any mind with the only
intention of befooling the employees. Thus, scheme has been de-modified instead
of being modified and thus, Modified ACPS is being proved to be lossful to our
officers instead of beneficial as compared to the original ACPS due to the
bifurcation of single grade pay of Rs. 5400/- into two without any monetary
increase.
5. MACPS has been further de-modified saying that the higher grade
pay would be
granted in the hierarchy of grade pays instead of the
promotional hierarchy or in the hierarchy of higher grades with actual
financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2
and PB3 under MACPS with malafide intention only to defeat the actual purpose
of ACPS against the recommendations of the 6th CPC as well as
resolution of the government Dt. 29.08.08. The original ACPS was introduced to
compensate the employees financially/monetarily against the lack of promotions
on account of stagnation to grant them the pay scale of higher promotional
post/s but the original aim & intention to introduce ACPS are missing in
MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump
from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit
for officers at the time of entering into PB3 from PB2 either in grade pay or
band pay. Surely, there is a meagre theoretical difference in band pays between
PB2 and PB3 but it is unable to give any benefit to our Superintendents because
of the level of minimum band pay under PB3 being already crossed by them very
well before the entry into PB3. The grade pays
in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of
the maximum of corresponding pre-revised scale of pay while the same have been
increased @ 49% of the maximum of corresponding pre-revised scale in the case
of PB3 & PB4.This is clear, gross &
intentional discrimination with a malafide intention under the aim for not
granting benefit to the group ‘B’ officers. Under this malafide plan only, a
single grade pay of Rs. 5400/- has been bifurcated into two grade pays with no
financial difference without any logic to give no benefit to the employees.
7. As per the recommendations of
the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para
4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall
change at the time of financial upgradation under Modified ACP Scheme and the grade
pay granted at the time of financial upgradation under the scheme will be the
immediate next higher grade pay in the hierarchy of revised pay bands and grade
pays. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade
pay of Rs. 5400/- in PB2.
8.
It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D)
Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated
as separate grade pays for the purpose of the grant of financial upgradation
under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 &
PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the
Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the
resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme
approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents
already in a grade pay of Rs. 5400/- under the time scale after 4 years of
service must be granted the next higher grade pay of Rs. 6600/- at the time of next
MACP upgradation.
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the
basis of the recommendations of 6CPC very clearly says that the financial
upgradations under MACPS would be granted in the higher grade/grade pay. It is
nowhere mentioned in the Notification that the upgradations would be granted in
the hierarchy of the grade pays and noway in the artificially created grade
pays by classifying a single grade pay of Rs. 5400/- into two without any
application of mind. This has been done without any justification, reasoning or
prudence and is violative of not only the rule of law but is also against the principles
of natural justice.
10. In view of the above, it is requested that the above said para
8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the
financial upgradations under the scheme may be granted in the higher grades/grade
pays as notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address
for communication:
Secretary General:
Lokanath
Mishra 240,
Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai &
Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder
Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East);
P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore &
Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath &
S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala
& M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob.
09871483585)
(Recognised by G.O.I.,
Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 119/MACP/13
Dt. 22.05.13
REMINDER
To,
Sh. P. K. Mishra,
Secretary, DOPT,
North Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS
instructions.
Madam,
Kindly refer to the
following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii)
Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x)
Ref. No. 89/11 Dt. 09.06.11,
xi)
Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii)
Ref. No. 165/11 Dt.14.09.11,
xiv)
Ref. No. 166/11 Dt.14.09.11,
xv)
Ref. No. 167/11 Dt.14.09.11,
xvi)
Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii)
Ref. No. 25/12 Dt. 17.02.12 etc.
2. It is further submitted
with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/-
in PB2 and PB3 as separate grade pays which is unlawful because of not having
the difference of even a single rupee. This is unable to give any financial
benefit to the employees except one increment. The financial benefit is the basic feature of
ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as
separate grade pays for the purpose of MACPS (Modified ACPS). This seems a
simple conspiracy to befool the government employees in the name of granting
one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both
is higher in monetary terms. It was also nowhere either recommended by the 6th
CPC or resolved by the government in the notification issued on the basis of
the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be
counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake
holders. Nothing is ever modified to make the things
worse. In original ACPS, our officers were able to get the grade pay of Rs.
5400/- in PB3 after 24 years of service only. In MACPS, they’ll
be able to get this grade pay after 30 years or even more of service on account
of the un-reasoned classification of a single grade pay of Rs. 5400/- into two
grade pays by the authorities without application of any mind with the only
intention of befooling the employees. Thus, scheme has been de-modified instead
of being modified and thus, Modified ACPS is being proved to be lossful to our
officers instead of beneficial as compared to the original ACPS due to the
bifurcation of single grade pay of Rs. 5400/- into two without any monetary
increase.
5. MACPS has been further de-modified saying that the higher grade
pay would be
granted in the hierarchy of grade pays instead of the
promotional hierarchy or in the hierarchy of higher grades with actual
financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2
and PB3 under MACPS with malafide intention only to defeat the actual purpose
of ACPS against the recommendations of the 6th CPC as well as
resolution of the government Dt. 29.08.08. The original ACPS was introduced to
compensate the employees financially/monetarily against the lack of promotions
on account of stagnation to grant them the pay scale of higher promotional
post/s but the original aim & intention to introduce ACPS are missing in
MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump
from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit
for officers at the time of entering into PB3 from PB2 either in grade pay or
band pay. Surely, there is a meagre theoretical difference in band pays between
PB2 and PB3 but it is unable to give any benefit to our Superintendents because
of the level of minimum band pay under PB3 being already crossed by them very
well before the entry into PB3. The grade pays
in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of
the maximum of corresponding pre-revised scale of pay while the same have been
increased @ 49% of the maximum of corresponding pre-revised scale in the case of
PB3 & PB4.This is clear, gross & intentional
discrimination with a malafide intention under the aim for not granting benefit
to the group ‘B’ officers. Under this malafide plan only, a single grade pay of
Rs. 5400/- has been bifurcated into two grade pays with no financial difference
without any logic to give no benefit to the employees.
7. As per the recommendations of
the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para
4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall
change at the time of financial upgradation under Modified ACP Scheme and the grade
pay granted at the time of financial upgradation under the scheme will be the
immediate next higher grade pay in the hierarchy of revised pay bands and grade pays.
But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade pay of
Rs. 5400/- in PB2.
8.
It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D)
Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated
as separate grade pays for the purpose of the grant of financial upgradation
under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 &
PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the Modified
ACP Scheme approved by the Union Cabinet and notified by DOE under the
resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme
approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents
already in a grade pay of Rs. 5400/- under the time scale after 4 years of
service must be granted the next higher grade pay of Rs. 6600/- at the time of next
MACP upgradation.
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the
basis of the recommendations of 6CPC very clearly says that the financial
upgradations under MACPS would be granted in the higher grade/grade pay. It is
nowhere mentioned in the Notification that the upgradations would be granted in
the hierarchy of the grade pays and noway in the artificially created grade
pays by classifying a single grade pay of Rs. 5400/- into two without any
application of mind. This has been done without any justification, reasoning or
prudence and is violative of not only the rule of law but is also against the
principles of natural justice.
10. In view of the above, it is requested that the above said para
8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the
financial upgradations under the scheme may be granted in the higher grades/grade
pays as notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address
for communication:
Secretary General:
Lokanath
Mishra 240,
Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai &
Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder
Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East);
P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore &
Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath
& S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K.
Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob.
09871483585)
(Recognised by G.O.I.,
Min. of Fin. vide letter F. No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 120/MACP/13
Dt. 22.05.13
REMINDER
To,
Ms. Praveen
Mahajan,
The Chairperson, CBEC,
North
Block, New Delhi.
Sub: Undoing of para 8.1 of MACPS
instructions.
Madam,
Kindly refer to the
following communications of the Association made to the various authorities-
i) Ref. No. 15/10 Dt. 26.02.10,
ii)
Ref. No. 50/10 Dt. 08.05.10,
iii) Ref. No. 125/10 Dt. 20.10.10,
iv) Ref. No. 41/11 Dt. 20.04.11,
v) Ref. No. 42/11 Dt. 20.04.11,
vi) Ref. No. 46/11 Dt. 27.04.11,
vii) Ref. No. 56/11 Dt. 06.05.11,
viii) Ref. No. 57/11 Dt. 06.05.11,
ix) Ref. No. 58/11 Dt. 06.05.11,
x)
Ref. No. 89/11 Dt. 09.06.11,
xi)
Ref. No. 132/11Dt.07.08.11,
xii) Ref. No. 158/11 Dt.07.09.11,
xiii)
Ref. No. 165/11 Dt.14.09.11,
xiv)
Ref. No. 166/11 Dt.14.09.11,
xv)
Ref. No. 167/11 Dt.14.09.11,
xvi)
Ref. No. 177/11 Dt.03.10.11,
xvii) Ref. No. 13/12 Dt.26.01.12,
xviii)
Ref. No. 25/12 Dt. 17.02.12 etc.
2. It is further submitted
with due regards that the Para 8.1 of MACPS instructions stipulates Rs. 5400/-
in PB2 and PB3 as separate grade pays which is unlawful because of not having
the difference of even a single rupee. This is unable to give any financial
benefit to the employees except one increment. The financial benefit is the basic feature of
ACPS or MACPS which is lacking, if Rs. 5400/- in PB2 & PB3 are treated as
separate grade pays for the purpose of MACPS (Modified ACPS). This seems a
simple conspiracy to befool the government employees in the name of granting
one extra financial upgradation under MACPS as compared to ACPS.
3. The said para does also not clarify which grade pay of the both
is higher in monetary terms. It was also nowhere either recommended by the 6th
CPC or resolved by the government in the notification issued on the basis of
the recommendations of 6CPC that the single grade pay of Rs. 5400/- would be
counted in PB2 and PB3 as two grade pays for the purpose of MACPS.
4. Anything is always modified for betterment of the stake
holders. Nothing is ever modified to make the things
worse. In original ACPS, our officers were able to get the grade pay of Rs.
5400/- in PB3 after 24 years of service only. In MACPS, they’ll
be able to get this grade pay after 30 years or even more of service on account
of the un-reasoned classification of a single grade pay of Rs. 5400/- into two
grade pays by the authorities without application of any mind with the only
intention of befooling the employees. Thus, scheme has been de-modified instead
of being modified and thus, Modified ACPS is being proved to be lossful to our
officers instead of beneficial as compared to the original ACPS due to the
bifurcation of single grade pay of Rs. 5400/- into two without any monetary
increase.
5. MACPS has been further de-modified saying that the higher grade
pay would be
granted in the hierarchy of grade pays instead of the
promotional hierarchy or in the hierarchy of higher grades with actual
financial benefit. Single grade pay of Rs. 5400/- has been bifurcated into PB2
and PB3 under MACPS with malafide intention only to defeat the actual purpose
of ACPS against the recommendations of the 6th CPC as well as
resolution of the government Dt. 29.08.08. The original ACPS was introduced to
compensate the employees financially/monetarily against the lack of promotions
on account of stagnation to grant them the pay scale of higher promotional
post/s but the original aim & intention to introduce ACPS are missing in
MACPS in general and in its para 8.1 in particular.
6. It is also worth to submit that there is an extraordinary jump
from PB3 to PB4 in band pay as well as grade pay. Whereas there is no benefit
for officers at the time of entering into PB3 from PB2 either in grade pay or
band pay. Surely, there is a meagre theoretical difference in band pays between
PB2 and PB3 but it is unable to give any benefit to our Superintendents because
of the level of minimum band pay under PB3 being already crossed by them very
well before the entry into PB3. The grade pays
in r/o all pay scales falling under PB2 have been approved strictly @ 40% only of
the maximum of corresponding pre-revised scale of pay while the same have been
increased @ 49% of the maximum of corresponding pre-revised scale in the case
of PB3 & PB4.This is clear, gross &
intentional discrimination with a malafide intention under the aim for not
granting benefit to the group ‘B’ officers. Under this malafide plan only, a
single grade pay of Rs. 5400/- has been bifurcated into two grade pays with no
financial difference without any logic to give no benefit to the employees.
7. As per the recommendations of
the 6th CPC on the Modified ACP Scheme accepted by the DOE vide para
4 of Part-A to the resolution No. 1/1/2008-IC Dt. 29.08.08, the grade pay shall
change at the time of financial upgradation under Modified ACP Scheme and the grade
pay granted at the time of financial upgradation under the scheme will be the
immediate next higher grade pay in the hierarchy of revised pay bands and grade
pays. But the grade pay of Rs. 5400/- in PB3 is no way higher than the grade
pay of Rs. 5400/- in PB2.
8.
It has been prescribed under para 8.1 of the Annexure to the DOPT O.M. No. 35034/3/2008-Estt(D)
Dt. 19.05.09 that the grade pays of Rs. 5400/- in PB2 and PB3 shall be treated
as separate grade pays for the purpose of the grant of financial upgradation
under the Modified ACP Scheme. Since the grade pay of Rs. 5400/- in PB-2 &
PB-3 is same, the above said para 8.1 of the DOPT O.M. is contrary to the
Modified ACP Scheme approved by the Union Cabinet and notified by DOE under the
resolution Dt. 29.08.08. As per the recommendations of the Modified ACP Scheme
approved vide resolution No. 1/1/2008-IC Dt. 29.08.08, our Superintendents
already in a grade pay of Rs. 5400/- under the time scale after 4 years of
service must be granted the next higher grade pay of Rs. 6600/- at the time of next
MACP upgradation.
9. Thus, the notification of the Govt. dt. 29.08.08 issued on the
basis of the recommendations of 6CPC very clearly says that the financial
upgradations under MACPS would be granted in the higher grade/grade pay. It is
nowhere mentioned in the Notification that the upgradations would be granted in
the hierarchy of the grade pays and noway in the artificially created grade
pays by classifying a single grade pay of Rs. 5400/- into two without any
application of mind. This has been done without any justification, reasoning or
prudence and is violative of not only the rule of law but is also against the
principles of natural justice.
10. In view of the above, it is requested that the above said para
8.1 of MACPS instructions may kindly be withdrawn/undone/deleted and the
financial upgradations under the scheme may be granted in the higher grades/grade
pays as notified in the above referred notification/resolution dt. 28.08.08.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address
for communication: Secretary General:
Lokanath Mishra 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai
& Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A.
Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb
(East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand
Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki
(North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N.
Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob.
09871483585)
(Recognised by G.O.I., Min. of
Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 121/M/13
Dt. 22.05.13
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Use of extended panel to grant promotions.
Madam,
Kindly
refer to the minutes drawn against point No. 28 of the meeting held with your
goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.
2. It is submitted with due regards that
the decision on this point has also unfortunately been deviated to dilute
the issue as usual. The point was agreed during
the course of discussions of the meeting of 15.03.12. You were also pleased to
assure the Association of doing the needful in the matter in the meeting of 02.11.12. You were also pleased to
assure the Association in 31.01.13 meeting about the necessary action.
3.
Extended panel is to be used in the following cases-
i) Regularisation of the post-1979 promotions from group ‘B’ to
group ‘A’ based on the earlier
judgement of the Hon’ble Supreme Court because the implementation of the
judgement is incomplete for the want of the use of the extended panel.
ii) Regularisation of the post-1996 ad hoc promotions from group
‘B’ to group ‘A’ as per new RR’s based on the current (dt. 03.08.11 in CWP No.
365/10) judgement of
the Hon’ble Supreme Court.
iii)
DPC conducted in the month of June, 12 for the promotions
from group ‘B’ to group ‘A’.
iv)
Future DPC’s for promotion to the post of Asstt. Commissioner, which are already
far behind the schedule.
4.
The Association was assured about conducting of the supplementary DPC in this
regard during the meeting of 02.11.12 which is still awaited. Contrary to the
assurance given in the meeting, it has only been mentioned in the minutes as
formality that the work of regularization is being done at high priority and
all court judgements and govt. instructions are being honoured in this process.
In regard of the minutes, it is submitted that the extended panel is not to be
used only in the ongoing regularisation but it is also to be used in earlier
post-1979 regularisation, June-12 DPC and future DPC’s.
5.
In view of the above, it is requested that the immediate steps may kindly be
taken to implement the provisions of extended panel in accordance of para 3
above.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.
Copy with the request for
necessary action to:
1) The DG, HRD, CBEC, New
Delhi.
2) The ADG (HRM), HRD, CBEC,
New Delhi.
(RAVI MALIK)
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address
for communication: Secretary General:
Lokanath Mishra 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: Sampat Rai
& Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A.
Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb
(East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand
Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki
(North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N.
Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411) Treasurer: N. R. Manda (Mob.
09871483585)
(Recognised by G.O.I., Min. of
Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 122/M/13
Dt. 22.05.13
REMINDER
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Out
of Zone transfer of Association
functionaries.
Madam,
Kindly
refer to the minutes drawn against point No. 23 of the meeting held with your
goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.
2. It is submitted with due regards that
the decision on this point is still pending. The main office bearers of the zonal units of the
Association are already being transferred not only to outstations but also out
of zones.
3. The General Secretary of Tirunelvali Zone has
been transferred to Madurai Zone where the Association
already has another officer as General Secretary of Madurai Zone independent of
Tirunelvali Zone. The President of Vapi/Daman Zone has been transferred to
Surat Zone where the Association already
has another officer as President of Surat Zone independent of Vapi/Daman Zone. Like it, the General Secretary
of Bangalore has been transferred to Mysore Zone out of headquarters office.
Same is the problem at Chandigarh, Kanpur, Allahabad etc.
4.
By transferring the office bearers out of zone to the jurisdictional area of
other zone or out of headquarters office, the staff welfare activities of the
Association as well as the employee
grievances redressal mechanism will be hampered completely due to no
linkage of Association functionaries with the administration of concerned zone
& staffside both. We (CBEC) are unable to keep our office bearers in
concerned zones or at concerned headquarters while the office bearers are being
kept even in concerned buildings of the same city by CSS.
5.
In view of the above, it is requested that the office bearers may kindly not be
transferred out of concerned zone and at least 3 office bearers (including
President and General Secretary) as per the request of the Association may kindly be retained at the headquarters office in
consonance of the letters No. 2/7/88-CS(IV) dt. 19.08.08 and No. 9/34/87-JCA dt. 08.03.88 both of DOPT in case of
CSS. An IMMEDIATE action is very highly
requested for the sake of the revival of employee grievances redressal
mechanism.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary
General.