DOUBLE SHOCK THERAPY

Staff is already frustrated due to stagnation, now another setback by the Board to recover the Pay from those who received the Grade pay of Rs.6600/- under MACPS. The delegation of Mumbai in its last visit to New Delhi met the concerned officer in DoPT and surprised to share that no representative from Apex Body have ever approached them in this regard. He has said that the officer who was in receipt of upgradation in pay scale after 4 years regular service is eligible to 2nd ACP between 01.01.2006 to 31.08.2008 and thereafter 3rd MACP with GP of Rs.6600/-, on completion of 30 years of service. However, DoPT Expenditure is not accepting their suggestion and of the opinion that 7th CPC is in process and will refer the matter to the redress the same by CPC. How ridiculous. The confusion created by DoPT itself even after accepting the recommendation of VIth CPC, they want to refer the matter to VIIth CPC for redressal. CESA reproduced the recent communication dated 4th June, 2014 by denying the benefit to the eligible officers. How the Board functions and our failure to convince the Board even the simple matter which had already been clarified by the DoPT on 29.08.2009 to Revenue under File No. Dy.No.67069/CR/2009 (A copy of aforesaid clarification is obtained through RTI in July 2010) . The relevant clarification is reproduced below:

“  5.          With regard to para 7, it is clarified that if the post of Assistant Commissioner (JTS) in the pay scale of Rs.8000-13500 is Group "A" one, 3rd  financial upgradation would be granted in the Grade Pay of Rs.6600 otherwise it would be granted in the Grade Pay of Rs.5400.”

It is a double shock to the Cadre. Even though you are eligible will not be promoted in the first place. Secondly though you are eligible to get the right pay, you are not only deprived but also at the risk of  recovering the same before superannuation otherwise your fixation of pay will not be allowed thereby resulting reduction in pension for life long. The outgoing officer curse the department as well to the Association for failure in all fronts and the serving officers run from pillar to post by making representations to beg for their rightful due. We are forced to be a silent spectator while the Board continues to jumble the issue back and forth. 

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F.No. 23011/29/2010-Ad.IIA

Government of India .

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

New Delhi, dated the 4^th June, 2014.

To

        All Cadre Controlling Authorities under the CBEC.

Subject: Grant of MACP to the Superintendent in CBEC with Grade Pay of Rs.6600/ 5400 in PB-3 — reg.

Sir.

It has been observed by the Office of the Principal Chief Controller of Accounts (Pr.CCA), New Delhi that in some of the Commissionerates, grade pay of Rs.6600/- is being allowed under MACPS to the Superintendents without taking into account NFSG granted after 4 years of service. As per clarification issued by DOP&T vide their Diary No. 62460/US(D)/2010 dated 26.07.2010 (copy enclosed), the benefit of Non-Functional Grade granted to the Superintendent (Gr.B) officers after completion of 4 years would be treated/viewed as upgradation in terms of para 8.1 of Annexure-1 of O.M. dated 19.05.2009 and the same would be off set against one financial uparadation under MACPS.

2.       The issue has also been clarified by the Board vide its letter F.No.A-23011/29(ii)/2010-AdJIA dated 6th May, 2013 addressed to the Chief Commissioner, Central Excise, Jaipur (copy enclosed). It is clear from the letter that NFSG granted during 1.1.2006 to 31.8.2008 would be counted/offset against the financial upgradation under MACPS.

3.       You are requested to kindly ensure that no orders giving MACP benefit in contravention to the directions of the Board is issued by your office.

4.       This issues with the approval of Member (P&V).

Yours faithfully,.

End: As above.

(S.A. Ansari)

Under Secretary

Copy to:-

Pr. Chief Controller of Accounts, Central Board of Excise S.: Customs, A.G.C.R Building, (1st floor), New Delhi — 110002.

(S.A. Ansari)

Under Secretary to the Government of India

CBEC Letter F.No.A-23011/29(ii)/2010-Ad.IIA dated 6th May, 2013 addressed to The Chief Commissioner, Central Excise,(Jaipur Zone), Jaipur (Cadre Controlling Unit) is reproduced below:

Sub:-Clarification on 6tn CPC replacement pay to the pre-revised scale of pay of Rs.8000-275-13500 granted on account of financial up-gradation under the ACP Scheme.

Sir,

I am directed to refer to letter 0.No.II-3(4)/JPR/2009/Pt.1/331 dated 20.07.2011 on the subject noted above and to say that vide said letter you have (i) sought clarification whether NFSG granted during 01.01.2006 arid 31.08.2008 would be counted/ offset against the financial upgradation under the MACP and (ii) demanded that NFSG granted during 01.01.2006 and 31.08.2003 should not be counted/ offset for the purpose of ACP as well as MACP.

2.       Your letter has been examined in the back ground of the existing instructions on the MACP Scheme and DoPT clarification No.3 dated 09.09.2010 and the following is intimated:

(iii)      The first issue raised by the your Commisssionerate is already covered under Para 8.1 of the MACP Scheme, as stated by you, i.e. the NFSG would be counted/ offset under MACP, i.e. for the purpose of grant of financial upgradation after 01.09.2008, NFSG will be counted towards one up-gradation.

(iv)     In respect of the second issue, it may be noted that as per pare 5 of the Board's circular of even number dated 20.05.2011, the NFSG has no effect under ACP Scheme (i.e. for the purpose of grant of financial up-gradation under the ACP Scheme upto 31.08.2008) but the demand that NFSG should not offset financial up-gradation under MACP Scheme has not been agreed to by the DoPT, for being against MACP Scheme (pare 8.1 of the Scheme). An order in this respect in OA No. 140/2012 and 144/2012 filed by the All India Association of Central, Excise Gazetted Executive Officers at CAT, Madras Bench, has been issued on 21.02.2013 (copy enclosed), para 6.b of which is referred. 

3.       You are requested to take necessary action accordingly.

Yours faithfully,

(Sarvjit Singh)

Under Secretary