REPRESENTATION TO THE NEW MEMBER (P&V) FOR GRANTING 3rd MACP TO ALL

CESA'S REPRESENTATION FOR GRANTING 3rd MACP TO THE ELIGIBLE OFFICERS, WITHOUT DISCRIMINATING BETWEEN THE APPLICANT AND OTHERS

                                                                                                               Ref: CESA/41/2015

                                                                                                               Date: 09.06 2015.

To

The Hon’ble Member (P&V),

CBEC, Ministry of Finance,

North Block, New Delhi.

Respected Madam,

Sub: - Implementation of Honourable Madras High Court Order in W.P.                No. 19024 of 2014 & M. P. No. 1 of 2014 filed in case of Shri R                      Chandrashekhran VS. UOI in the ACP/MACP matters - reg.

            

            In the context of the above mentioned judgement, this Association with deep pain and anguish submits the following to illustrate how the things have been made complicated and unwanted litigations have been created, with an request to sort out the matter once for all.

1.    

     The Vth Pay Commission after considering the stagnation in various departments/ Ministries, directed to have Cadre Review (CR) exercise regularly once in 5 years. Further, to prevent the pay erosion they have given an alternative scheme in the form of Assured Career Progression by way of financial upgradation after 12 & 24 years of service. It was emphasised that this is not a supplement of Cadre Review exercise.

2.       The scheme was implemented in 1998 and very few problems were there. However, despite of Pay Commission’s recommendation the CR was not conducted timely and department totally relaxed on ACP scheme. The department took for granted that the lower officers have to be given only ACP and nothing else, as visible from the time taken between the two CRs.

3.      6^th CPC Pay Commission once again noticed that the needful has not been done by Ministries and the CR was not being done, as directed in last Pay commissions. Hence, they have directed 3 financial upgradation instead of 2 and after 10, 20 and 30 years.

4.          The Rules for the same were not framed by the Pay Commission but by the DOPT and its implementation and then interpretation of the same by the same authority is in itself a laughing stock. As the logic of introduction of the scheme was to prevent pay erosion due to stagnation, and hence financial upgradation was given, as the name itself suggests that there should be some financial increase in emoluments of the officer due to this. However, the Ministry and DOPT ensured that there won’t be any financial increase by retaining the same grade pay and only changing the nomenclature of the Pay Band. The band attached has now become painful for the officers in CBEC. Even after several court orders the DOPT is reluctant to interpret even the settled law of the land. What is the difference in PB2 and PB3, both start from R. 9300/- and carries grade pay of Rs. 5400/-.

5.          The settled position about judgement pronounced by a High Court or Supreme Court is that it gives its Ruling on Question of law placed before it, and it becomes law of the land unless it is reviewed or altered by any Constitutional Amendment.

6.               In case of MACP it is now well settled position as framed by the Apex Court that the Financial upgradation will be in promotional Hierarchical grades i.e.  1^stACP to the grade of Superintendent, 2^ndto the grade of Assistant Commissioner and 3^rd ACP/MACP to the grade of Deputy Commissioner. The DOPT in pursuance to the directions of the Hon’ble Madras High Court has reconsidered the issue and has issued DY No. 1078183 CR.15 from F. No. A – 23011/25/2015 – Ad. II A of D/O Revenue dated 05.05.2015. The DOPT has considered the issue of grant of NFG and has allowed 3^rd MACP to the officer i.e. the applicant in the case. Since it has been accepted / endorsed that the NFG cannot be counted as financial upgradation the said effect should be extended to all the similarly placed officers. The said issue was taken up with the erstwhile Member (P&V) who had assured that the matter is under examination, once it is settled and after consultation with DOPT, the same can be extended to all the officers in the cadre and that there will not be any discrimination for grant of 3^rd MACP to the officers.

7.                Now that DOPT has agreed to the orders of the Hon’ble High court in principle, the benefit of 3^rd MACP be restored/granted to all officers due immediately. Instructions in this regard may please be issued to all the Cadre Controlling Officers, so that the recoveries initiated by the PAO in respect of the officers to whom the 3^rd MACP was granted can be stopped and also the benefit of 3^rd MACP can be given to the officers who are due. 

     

       Thanking you,

                                                                                                                Yours sincerely,

(A.K.Sasmal)

General Secretary.

Copy to:

1      Shri. Arun Goel, JS Administration, CBEC, New Delhi for kind information, also with a request to extend the 3^rd MACP scheme to all the eligible Officers.