REGARDING GP OF RS. 5400/-
To
The
Commissioner,
Central
Excise Commissionerate-1 (Cadre Control),
Sector
17-C,
Chandigarh.
Respected
Sir,
Subject: Request for grant of Grade Pay of Rs 5400/- in the
light of Judgment of honorable High Court of Madras in WP 13225/2010 to the Inspectors of Central Excise, who have
completed 4 years of regular service in G.R. of Rs., 4800/- under ACP/MACP
Scheme – reg
1. It is brought to your kind
notice that as per Government of India’s Resolution No. M.F No. 1/1/2008-1C, Dt. 29.08.2008
(hereinafter referred to as the said Resolution), clause (x) (e),
“Group-B
officers of Departments of Posts, Revenue, etc. will be granted Grade Pay of
Rs, 5,400/- in PB-2 on non – functional basis after 4 years of regular service
in the grade pay of Rs,4,800/- in PB-2”.
As per
this clause all the group “B” officers of Department of post, Revenue etc will be
granted grade pay of Rs. 5,400/- in PB- 2 on non functional basis after 4 years
of regular service in the grade pay of the 4800 in PB-2.
2. Further,
as per Para 9 of the Annexure I to DoPT O.M.
dated 19.05.2009 issued from F.No. 35034/3/2008-Estt.(D):
“Regular
Service for the purpose of the MACPS shall commence from the date of joining of
a post in direct entry grade on a regular basis either on direct recruitment
basis or on absorption / re-employment basis…...past continuous regular service
in another Government Department in a post carrying same grade pay prior to
regular appointment in a new Department, without a break, shall also be counted
towards qualifying regular service for the purpose of MACPS….’’.
2.1.
As per
Para 2 of DoPT OM No 5034/3/2008-Estt(D)(Vol.II) dated 01.11.2010:
“….financial
upgradation under the MACPS shall be allowed in the immediate next higher grade
pay in the hierarchy of revised pay bands as given in SSC (Revised Pay) Rules,
2008”.
2.3
The 1st
schedule of CCS(RP) Rules, 2008 as mentioned in Rule 3 & 4 above, pay band
& grade pay on the pay scale as applicable for every post/grade shall be
specified. Part – C section – II provides revised pay structure for the post in
Department of Revenue as follows:
(In Rs.)
|
Sl. No.
|
Post
|
Present
Scale
|
Revised
Pay Scale
|
Corresponding
Pay Band & Grade Pay
|
Para No. of
the Report
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
(7)
|
|
9
|
Income Tax Officers /
Superintendent, Appraisers etc.
(Customs & Central Excise)
|
7500 -
12000
|
7500 –
12000
8000-13500
(after 4 years)
|
PB-2
PB-2
|
4800
5400
|
7.15.17
|
The Relevant provisions referred to
above would make it clear that a Group “B” officer in PB-2 with a Grade pay of
Rs. 4800/- will get the Grade Pay of Rs. 5400/- after completing 4 years of
regular service on non – functional basis. The enhancement of grade pay is
not dependent on the post, but on regular service of 4 years in Grade Pay of
Rs. 4,800/- in PB-2 (Rs.7,500- 12000 pre-revised).
3.
The
Central Board of Excise & Customs vide its F.No. A-26017/98/2008-Ad.II.A
dt.21.11.2008 (Annexure A) on clarification sought by field formations as to
how the 4 year period is to be counted for the purpose of granting
non-functional upgradation to Group-B officers, i.e. whether the 4 year period
is to be counted w.e.f. the date on which the officer is placed in the pay
scale of Rs.7500-12000(pre-revised), or w.e.f. 01.01.2006, i.e. the date on
which the recommendations of the 6th
CPC came into force. After referring the matter to the Department of
Expenditure, it was clarified as follows:
“The
Department of Expenditure have now clarified that the 4 year period is to be
counted w.e.f. the date on which the officer is placed in the pay scale of
Rs.7500-12000 (pre-revised) Thus, if an officer has completed 4 years on
01.01.2006 or earlier, he will be given the non functional upgradation w.e.f.
01.01.2006. If the officer completes 4 years on the date after 01.01.2006, he
will be given non functional upgradation from such date on which he completes 4
years in the pay scale of Rs.7500-12000 (pre-revised).”
4.
The post
of Inspector of Central Excise in the pay scale of Rs. 6500-10500/- is Group
‘B’ Non – Gazette w.e.f 11.12.2003 as per DOP & T’s SO No. 332(E) dated
20.4.1998 (Annexure B). The
Government of India,
Ministry of Finance, Department of Revenue, CBEC on 11.5.2004 (Annexure
C) uniformly revised pay scale of Inspector of Central Excise from Rs.
5500-9000 to the Rs. 6500 – 10500. Consequent to the revision of pay scale, all
Inspectors in the Central Excise and Land Customs continued to be under Group
B. It is submitted that vide DoPT S.O. 946 (E) dt. 09.04.2009 (Annexure
D), the posts under CCS (CCA) Rules have been re-classified. As per the re- classification, “Central Civil Posts carrying Grade Pay of
Rs. 5,400/-, Rs. 4,800/-, Rs. 4,600/- and Rs. 4,200/- in the scale of pay of
Rs. 9,300/- to 34,800/- in PB – 2 come under Group – B”. The post of
Inspector even under the latest classification of posts comes under Group – B.
5. It is
submitted that as per the Government of India Resolution and CCS (RP) Rules, 2008,
as stated above, I am entitled to non-functional Grade Pay of Rs 5400/- upon
completion of regular service of 4 years in the Grade Pay of Rs 4800/-
(pre-revised 7500-12000 scale.
6. However, Grade
Pay of 5400/- is not being granted to the Inspectors who got 1st
Financial Upgradation under ACP Scheme and completed 4 years regular service in
Grade Pay of 4800/- on the pretext that CBEC has issued a
further clarification vide F.No. A-26017/98/2008-Ad.II.A dt. 11.02.2009 (Annexure
E) “that the non-functional up-gradation to the Grade Pay of Rs 5400
in the PB-2 can be given on completion of 4 years of regular service in Grade
Pay of Rs 4800/- in PB-2 (pre-revised
pay scale of Rs 7500-12000) after regular promotion and not on account
of financial up-gradation due to ACP”.
7. In this
context, it is stated that Board’s letter F No 26017/98/2008 Ad-II.A dated
11.2.2009, referred to above, has been issued on erroneous premises in as much
as –
(i)
GOI resolution 1/1/2008 IC dated 29.8.08 does
not make a categorization within Group B cadres in Departments of Revenue and
Posts for the purpose of grant of Grade Pay of Rs 5400/-.
(ii)
In terms of ACP scheme notified by the DoPT
vide OM No 35034/1/97- Estt(D) dated 9.8.1999, the financial up-gradation
under the scheme should be granted to the pay scale of the next hierarchical
cadre.
(iii)
In terms of DoPT OM No 5034/3/2008-Estt(D)(Vol.II) dated
01.11.2010, financial upgradation under the MACPS shall be allowed in the
immediate next higher grade pay in the hierarchy of revised pay bands as given
in SSC (Revised Pay) Rules, 2008.
(iv)
Board vide letter F.No. A-32011/8/98-Ad-IIIA
dated 23.08.1999 has specified that the 1st financial up-gradation
under the ACP Scheme to the Inspectors of Central Excise would be to the pay
scale of Superintendents of Central Excise.
(v)
Consequent to the implementation of the 6th
CPC recommendations the Pay scale for the post of Superintendent of Central
Excise has been upgraded to Rs. 7500-12000/8000-13500 (after 4 years)
corresponding to the Grade pay of Rs 4800/- and Rs. 5400/- in the Revised Pay
Structure and hence the same would be the pay scale to be granted to the
Inspectors who have received the 1st financial up-gradation under the
ACP Scheme (ACP Inspectors).
(vi)
In terms of DOPT OM No.
35024/3/2008-Estt.(D) dated 19.05.2009 with regard to the Modified ACP Scheme
(in paragraph 6.2 of the Annexure-I) it is specified that “In cases where financial up-gradation had been granted to Government
servants in the next higher scale in the hierarchy of their cadre as per the
provisions of the ACP Scheme of August 1999, but whereas as a result of the
implementation of the 6th CPC’s recommendations, the next higher
post in the hierarchy of the cadre has been upgraded by granting a higher grade
pay, the pay of such employees in the revised pay structure will be fixed
with reference to the higher grade pay granted to the post.”
(vii)
The Section II of Part C to Schedule I of
CCS (RP) Rules, 2008 give the list of posts to which a higher replacement scale
has been granted and the post of Superintendent is included therein. In that list the existing pay of
Superintendent is shown as Rs 7,500-12,000/- and Rs 8,000-13,500/- after 4
years.
(viii)
It is also not out of place to mention here
that the Clause (x) (e) of the Govt. of India Resolution and the Part – C
section – II of 1st schedule of CCS(RP) Rules, 2008 referring to Dept. of
Revenue, Customs and Central excise clearly mentions Supdts, Apprisers etc.
are entitled to higher Grade pay of Rs 5400/- on completion of 4 yrs of regular
service in Grade pay of Rs 4800/-.The term “etc.”,
occurring at both the clause and schedule has to be given full effect so as to
include Inspectors therein. Any exclusion of Inspectors there from would be
contrary to Govt. of India Resolution and the CCS(RP) Rules, 2008. It is to be
noted that the Inspectors of Customs and Central Excise were granted Grade Pay
of Rs 4800/- taking into consideration the ACP scale only and those inspectors
who are yet to get ACP scale are granted a Lower Grade Pay.
8. The clarification dated 11.02.2009 issued
by the Board suffers from serious infirmity. As per Para 11 of the DoPT OM
No.35034/1/97-Estt(D) dated 09.08.1999 on ACP Scheme, any interpretation/ clarification
of doubt as to the scope and meaning of the provisions of the ACP Scheme shall
be given by the Department of Personnel and Training (Establishment-D). Here, the matter relates to the fixation of
pay of Inspectors in receipt of 1st Financial Upgradation under ACP scheme
and relates to interpretation of existing ACP scheme as to whether the scale of
pay provided by the notification dated 29.08.2008 of Deptt of Expenditure (for
new pay scales) would be applicable in full to ACP Inspectors or not. In other
words, whether GP of 5400/- available to the Superintendent after 4 years would
be available to Inspectors in receipt of 1st Financial Upgradation
under ACP scheme or not by virtue of provisions of existing ACP scheme. The
matter can be clarified only by DOPT and not Department of Expenditure in terms of Rule 17 of CCS (Revised
Pay) Rules, 2008. Furthermore, the
clarification has words like upgradation, regular promotion etc., which do not
exist in the notification dated 29.08.2008 of Department
of Expenditure, and those can be termed as invented
words often regarded as bad in law. It is strange for Department of Expenditure to opine that four years service shall be counted after regular
promotion as Superintendent and from the receipt of 7500-12000 pay scale. This
is going beyond the statute as both conditions cannot be imposed together when
the notification simply say ‘after four years’. If they take the help of
Resolution for defining ‘after four years’, they should read it in full which
says that Group B officers will be
granted Grade Pay of Rs. 5400 in PB-2 on non-functional basis after four years of regular service in GP 4800
in PB-2”. It cannot be read in parts and by
incorporating the words ‘after regular promotion’ etc.
9. This
contention has been upheld by the Hon’ble High Court of Madras in WP No
13225/2010 and ordered that the petitioner (Shri
M Subramanian, Inspector (now Supdt) of Central Excise, Salem Commissionerate)
(Annexure F-1 ) is entitled to
receive the Grade pay of Rs 5400/- from the date on which he has completed 4
years in the pre-revised pay scale of Rs 7500-12000. It is learnt that CBEC has
filed an appeal against this judgement in the Hon’ble Supreme Court of India,
however, till date, the Hon’ble Supreme Court has not granted stay against the said
order of Hon’ble High Court of Madras. Copy of Record of Proceedings in Hon’ble
Supreme Court has been downloaded from the Hon’ble Supreme Court of India’s
website.( Annexure F-2)
10. Similarly,
petitions filed by different persons on this issue in CAT, Hyderabad Bench (Annx. F -3 ) and CAT, Ernakuulam Bench ( Anx.
F -4) have also been settled in favour of the petitioners on the lines of
judgement of Hon’ble Madras High Court. Central
Administrative Tribunal, Eenakulam
Bench, in the case of Sathyabhama
T,Project Personal Secretary,P.M.O., GSLV Mk-III Project, V.S.S.C, Thiruvananthapuram
Vs Vikram Sarabhai Space Centre held that :
“It is not the completion of 4 years from the date of
promotion as ……, but
completion of 4 years from the date of assigning the Grade Pay of Rs.
4800/-, that is a pre-condition for granting the Grade Pay of Rs.5400/-. Any
other interpretation is mischievous, farfetched and hyper technical and
illegal. With the introduction of new pay
structure with Pay Band plus Grade Pay, what determines the rank and status of
an officer in the lower echelons of officialdom is not the designation but the
Grade Pay. It is absurd to hold that the
Grade Pay of Rs. 4800/- granted under the ACP Scheme is in any way
inferior to the Grade Pay of Rs. 4800/- granted on promotion …..”.
11. It
is respectfully submitted that the judgment of the Honorable High Court of
Madras and orders passed by various CAT benches has vindicated the above
contentions put forth above. The
concept of the financial up-gradation involving the mere placement in the
higher pay scale on personal basis is founded on the fact that the said person,
though qualified to be promoted or granted the higher scale of pay is not
getting that benefit for lack of space in the higher tier and is therefore,
stagnating. The Inspectors in receipt
of financial up gradation under the ACP scheme are qualified in all respect for
promotion to the higher post of Superintendent of Central Excise, immediately
on completing the required qualifying service of 8 years. They are not promoted only due to
non-availability of vacancies in the higher post. The 1999 ACP scheme was
introduced to provide solace to employees like Inspectors of Central Excise who
are stagnating for no fault of theirs.
12. It
is not out of place to mention here that on plain reading of two Office
Memorandums dated 12.01.2010 & 12.04.2010, both issued by the DoPT from
F.No. 22/22/2009-CS.I(CR) {copy obtained from DoPT website } leads to the
conclusion that Direct Recruit Assistants and Grade C Stenographers in Central
Secretariat Services (CSS), who are in receipt of ACP / MACP after completing
12 / 10 years, as the case may be, are entitled for Non Function Grade Pay of
5400/- after completion of 4 years regular service in Grade Pay of 4800/- . Same rule ought to be applied to Direct Recruit
Inspectors of Central Excise & Customs too. DR Assistants/DR Grade ‘C’
Stenographers and DR Inspectors of Customs & Central Excise are in-fact
comparable cadres who, after qualifying similar graduate level examination
conducted by SSC, joins service in Grade Pay of 4600/-.
13.
From the foregoing paras, it is unambiguously clear that the
Inspectors (Group B) who received the 1st Financial up-gradation under
the ACP / MACP scheme are to be granted Non Functional Grade Pay of 5400/-
after completing 4 years of regular service in the Grade Pay of 4800/-.
14.
In the light of above submissions, it is most humbly prayed
that Non Functional Grade Pay of 5400/- may please be granted all the
Inspectors of the Zone w.e.f. the date
from which they have completed 4 years regular service in Grade Pay of 4800/-.
This will
not only provide relief to the stagnation-stricken cadres of Group B Executive
Officers of the Department, but also will save a lot of time and energy of the
authorities to defend the Department in unnecessary litigation on the issue and also save the
Govt. expenditure.
Thanking
you, Sir.
Yours
faithfully,
(BHAGWAN
SINGH)
GENERAL
SECRETARY,
AICEIA, CHANDIGARH CIRCLE
Copy to : -
1.The Chief
Commissioner, Central Excise, Chandigarh Zone, Chandigarh,
2.The President/Secretary General,
AICEIA, with a request to kindly forward the letter and take up the matter with
the Director General, HRD, CBEC, New Delhi.
(BHAGWAN SINGH)
GENERAL
SECRETARY,
AICEIA, CHANDIGARH CIRCLE
To
The Commissioner
(Cadre Controlling),
Central Excise
Commissionerate,
Central Revenue Building,
Sector, 17-C, Chandigarh.
Subject:- Release of names against the vacancies in the Grade of
Superintendents: regarding
Respected
Sir,
Your kind attention is drawn to the letter dated 21.09.2012 ( copy
enclosed for ready reference please), whereby it was requested that the two
posts of Superintendents against the vacancies on relieving of Shri M.S.
Dhindsa and Shri K.K. Talwar, who were on deputation in the Zone, may please be
filled.
In this regard, it is further intimated that as per the knowledge of the
Association based upon the note sheets obtained under the RTI Act ( copies of
note sheets are enclosed herewith), these two vacancies have not been
considered to be filled in till date. Therefore, it is requested that these two
vacancies may please be filled at the earliest possible.
It is further requested that in case these two vacancies have been filled
in, the details thereof may please be
supplied to the Association so that the contituents may be informed
accordingly. We regret the inconvenience
caused to the administration about the matter.
Yours faithfully,
(BHAGWAN
SINGH)
GENERAL
SECRETARY,
AICEIA, CHANDIGARH CIRCLE
COPY TO:
1.
THE CHIEF COMMISSIONER, CUSTOMS
& CENTRAL EXCISE, CHANDIGARH ZONE, CHANDIGARH
FOR KIND INDULGENCE IN THE MATTER. As
requested during our meeting with his goodself on 09.10.2012, these vacancies
may kindly be filled in immediately and directions for the same may kindly be
issued to the Cadre Controlling authority.
2.
THE PRESIDENT, AICEIA CHANDIGARH CIRCLE, CHANDIGARH
FOR INFORMATION AND RECORDS PLEASE.
3.
THE PRESIDENT/SECRETARY GENERAL,
ALL INDIA
CENTRAL EXCISE INSPECTOR’S ASSOCIATION, KOLKATA FOR INFORMATION PLEASE.
4.
NOTICE BOARD, HEADQUARTERS AT
CHANDIGARH/LUDHIANA/AMRITSAR & JAMMU.
INDIVIDUAL MEMBERS ARE ALSO FREE TO SEND THEIR APPLICATION FOR GP THROUGH PROPER CHANNEL IF SO DESIRED.
REGARDS
GENERAL SECRETARY
