MACP IN ICU...?

The delay in promotions, holding of DPCs and various other problems cropping up in the above issues are always the heartburn among the officers. The next issue after the promotion is that of the anomaly of ACP/MACP. Recently the Pay Commission observed that the same scheme will be incorporated into the new pay commission and will not be dis-continued. 

However, this anomaly came to the fore when the ACP scheme was modified by the VI Pay Commission and came to be known as the MACP scheme. Even after 9 years, this anomaly has not yet been resolved.  Several Chairman & Members have come and gone, but the issue is still pending as it does not affect them !! 

CESA, Mumbai, after the CAT, Madras judgement represented the matter again with the Board for extending benefit to one and all ,it is learnt that the issue was referred with due recommendations to DoPT, who in turn has forwarded the same positively to the Department of Expenditure for approval.  

The Chennai judgement only gives benefit of GP Rs. 6600/- to those officers who were earlier covered by ACP upto 2006. But the Chandigarh & Haryana High Court judgement is very clear and gives benefit of GP of Rs 6600/- to all the elligible officers who have completed 30 years of service. 

The Mumbai administration has already referred the matter to the Board for concurrence. Meanwhile, officers of Mumbai and other places approached the Mumbai CAT and obtained an identical order based on the Chennai CAT order. 

In light of the MACP Orders issued by Shillong and Jaipur Commissionerates, CESA, Mumbai, represents again. The same is as under.

Ref: CESA/64/2015

Date: 26-Oct-2015.

Shri. S. C. Varshney,

Principal Chief Commissioner

Cadre Controlling Authority,

Central Excise & Service Tax,

Mumbai Zone-I.

Sub: - Grant of 3^rd MACP in the Grade Pay of Rs. 6600/- to the Superintendents of Central Excise, Customs and Service Tax – reg.

Respected Sir,

          Kind attention is invited towards our letter No CESA/15/2015, dated 11.03.2015, on the above subject matter. The issue of MACP has become a curse for our officers and a tool in the hands of administration to interpret and give a painful blow, especially at the fag end of the career of Inspectors Central Excise especially Direct Recruits whose career progression depends only on ACP/MACP as despite two Cadre Restructuring in the Department, staff issues are still as is where is and there is no career prospects for them in the Department. The grade pay hike of Inspector who joins the department with Grade Pay of 4600 in PB2 and retire after 35-40 years service with a hike of only Rs. 800/- in GP & in that span retires with one promotion with drawing salary in PB3 only with grade pay of Rs. 5400/-. Not a single cadre is there in the Department which has been systematically deprived of the career prospects, even the data entry operators/Ministerial or Sepoy and Drivers who come from Employment Exchange are far better placed than a graduate level entry officer coming from SSC !!

2.       This Association has earlier pointed out the court verdict on the issue of MACP wherein the issue has been settled and it is held that the ACP/MACP should be given in the hierarchy of promotion only. To refresh the issue we enclose herewith the court verdict of Punjab & Haryana High Court and of Madras High Court and the letter F.No. II/39(CON)MACPS-01/2015/25 dated 15.01.2015 issued from Mumbai–I. Despite that, the Mumbai region officers are not only deprived of the benefit, but even some retired officers (who were granted GP of Rs. 6600/-) are faced with recovery proceedings – this is nothing but rubbing the wounds with salt.

3.       The manner things are being done in the Department, it doesn’t look as if there is one Board as CBEC, it appears to be clusters of people working in their own directions and manners without any set of Rules or norms and even at the cost of violation of Court verdicts also where as at other places they do what they feel is right and leave it to the CBEC to take action if they are wrong !!

 To substantiate our above averment, we enclose herewith the copies of the Order No. 95/2015 dated 06-May-2015 of Shillong Commissionerate and order No. 97/2015 dated 12-Aug-2015 of Jaipur Commissionerate on the same ACP/MACP matter where in these officers have been given 3^rd ACP/MACP in the Pay Band of PB3 with Grade Pay of Rs. 6600/-, but in Mumbai and in CBEC the issue is still not reached finality. Whereas in Mumbai 2 orders of MACP were issued in the Month of March and October  2015, wherein on completion of 30 years the officers were given as PB3 in Grade pay of 5400/- instead of Rs.6600/-. Earlier in Mumbai, MACP orders were issued granting 3^rd MACP under PB3 with grade pay of Rs. 6600/- but the PAO Mumbai not only raised objection but even stopped payment and started recovery proceedings against officers and also of those who had retired. Thereafter, no orders were issued in Mumbai, in 2013 & 2014. A reference was made to CBEC for clarification in the matter. As the PAO has raised the objection, the Mumbai Administration has issued MACP order now in Oct-2015, it is issued but with PB3 grade of Rs. 5400/- which is discrimination in the face of the above said orders of Shillong & Jaipur.

4.       Sir, are these Commissionerates not under CBEC or does CBEC have different yard sticks for its employees at different locations/Zones ?  In Mumbai, we give maximum Revenue, work under poor working conditions, wait for first promotion for 22 years, and then we get hit below the belt, that even the financial benefit given to all Central Govt. employees, that is also not been given uniformly to all by the CBEC.

5.       The officers of Mumbai Zone have obtained an identical order from Mumbai CAT, bearing OA No. 95/2014 & others dated 06-July-2015, based on the Madras CAT judgement. (copy enclosed for ready reference).

6.       Association request your goodself, as communicated to the Board vide your good office letter dated 15-Jan-2015, that the Madras High Court judgement, the Punjab & Haryana High Court judgement, Chennai CAT judgement & Mumbai CAT judgement be accepted and accordingly the ACP/MACP benefits be extended to the officers of Mumbai  zone, as given by Jaipur & Shillong Zone, respectively.

7.       Association also further requests that the recovery proceedings where GP of Rs. 6600/- had been granted and thereafter denied, should be stopped. This will discourage the officers to invest their hard earned money and precious time in litigation instead of office work.

Thanking you,

                                                                                        Yours sincerely,

                                           

                                                                A.  K. SASMAL

Encl. : As above.                                                           General Secretary

 

CC :  Ms Vanaja Saran, Hon’ble Member (P&V), CBEC, New Delhi - For kind information, with a request that the issue of ACP/MACP anomaly has stretched a lot and needs to reach a logical & timely conclusion, thereby granting relief to the eligible officers and bringing some semblance of uniformity in the CBEC.