DISCRIMINATION IN GRANTING OF MACP

              As informed earlier, the delegation of CESA, Mumbai, met Hon'ble Member (P & V) on 11.03.2015 and briefed about depriving of 3rd MACP to the eligible officers in one or the other pretext.  On going through our detailed representation and discussion, the Member had asked us to give one more representation, clarifying certain points raised during the discussion.   It was also brought to her notice, that in Customs, the department is not resorting to recover the 3rd MACP from the officers who are serving and are not recovering the same from officers who have retired. The same will be submitted shortly as assured by us.  However, the representation dated 11.03.2015 on MACP is Annexed for viewers.  

                                                                                                            Ref: CESA/15/2015

                                                                                                            Dated the 11.03.2015

Ms. Joy Kumari Chander

Hon’ble Member (P&V),

CBEC, New Delhi.

Respected Madam,

            Sub: - Grant of 3^rd MACP in the Grade Pay of Rs. 6600/- to the

                        Superintendents of Central Excise, Customs and Service Tax – reg.

            As per the MACP Scheme DPC has been held and Order in respect of the eligible officers for third MACP has been issued by the Cadre Controlling Commissionerate of Mumbai.  In accordance with the Order, Grade Pay has been refixed and accordingly the salary has been drawn by placing the officers in the Grade pay of Rs. 6600/-. However, as per the Board’s communication dated 04.06.2014 the Cadre Controlling Authority was forced to withdraw the grant of Grade pay of Rs. 6600/- to the officers as third financial upgradation under the MACP Scheme. Ironically, recoveries have been made from the retired officers who were initially granted the Grade Pay of Rs. 6600/-. Withdrawal of the grant of Grade Pay, as aforesaid, has even affected the pension drawn by such retired officers. It is a double setback for the officers as they could not get promotion due to delay in conducting the DPC from Group ‘B’ to Group ‘A’ and now financial loss depriving even the financial benefits.   

            In several decisions given by various High Courts, it has been held that the officers who have been granted NFG on completion of four years of regular service by way of grant of Grade Pay of Rs. 5400/- in PB-2 cannot be taken as financial upgradation since the same is not the Grade Pay granted in the hierarchical posts, as envisaged by ACP/MACP Scheme. The Cadre Controlling Authority vide letter addressed to JS (Admn), New Delhi dated 15.01.2015 has justified the contention of the officers and requested for restoration of the Orders of grant of Grade Pay of Rs. 6600/-.

            The purpose of ACP/MACP Scheme was to compensate financially to the stagnated Cadres as due to lack of promotional opportunities there was pay erosion also which affects these officers cumulative impact till they survive as they get even pension also on the last pay drawn. The very purpose of the Scheme is defeated by not following the scheme in its true spirit. This logic is also discussed in the Court pronouncements in depth and those judgments are even accepted by the department. The eligible officers whose Orders granting Grade Pay of Rs. 6600/- has been withdrawn are not only humiliated but also made to suffer a financial loss for no fault of them. This is nothing but applying salt to the wound of the stagnated Cadre.   

It is, therefore, requested to kindly withdraw the Board’s clarification dated 04.06.2014 and issue instructions to grant Grade Pay of Rs. 6600/- to the officers eligible for third MACP on completion of 30 years, which is also recommended by the Cadre Controlling Authority, Mumbai, who is awaiting the reply from the Board.

Thanking you.

Yours sincerely,

 Encl.: As above. 

A.K. SASMAL

General Secretary

Copy to:

                The Joint Secretary (Admn.), CBEC, North Block, New Delhi – 100001, for kind information and necessary action please.