Latest Representation on Rs.5400 Grade Pay

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION

15/1 Strand Road, Custom House, M.S.Building, 7th floor, Kolkata-700001(Affiliated to the Confederation of Central Government Employees & Workers)

Recognised by Ministry of Finance[vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]

President : Arun Zachariah.P 09447037011Working President: A.S. Kundu09426746721

Vice President (NZ):Lekh Raj MeenaVice President (SZ): N. VenkitakrishnanVice President (WZ): V.K.TyagiVice President (EZ): Sanjay SinghVice President (CZ):S.K. Panda

Secretary General: Kousik Roy 09831007827Asst. Secy. General:N. Balraj09849859460Liaison Secretary:Shibaji Ch. Nayak 09437090969

Jt. Secretary (NZ):Aabhay SinghJt. Secretary (SZ): Shankar RaoJt. Secretary (WZ):R.B.MeenaJt. Secretary (EZ): Pramod K. Dhal

Address for Correspondence: Block-‘B’ Flat No. 301 68, Shibpur Road, Shibpur, Mandirtala, Howrah-711102Phone: 03322420693 Cell : 09831007827

E.Mail: [email protected], [email protected][email protected]

Web Page : www.aiceia.blogspot.com

Ref. No. AICIEA/CBEC/190/2010 03.12.2010To

Smt. Lalitha JohnMember (P&V)Central Board of Excise & Customs,Department of Revenue, Ministry of Finance,North Block, New Delhi.

Sir,Sub: Grade Pay of Rs. 5400/- to ACP recipient Inspectors –

Judgment of Honourable High Court of Madras in WP 13225/2010 - Reg

Ref: 1. Board’s letter F. No. A.26017/98/2008-Ad II A dated 21.11.2008

2. Board’s letter F. No. A.26017/98/2008-Ad II A dated 11.02.2009

Consequent to the implementation of the 6th CPC recommendations the Government decided to grant a grade pay of Rs. 5400/- in PB-II to Group B officers in the Departments of Revenue and Post on completion of 4 years service in Grade Pay Rs. 4800/-

The Board vide letter no. 1 under reference clarified that the 4 years period is to be counted with effect from the date on which the officer is placed in the pre-revised pay scale of Rs. 7500-12000 and if an officer has completed 4 years service on 01.01.2006 or earlier, he will be given the non-functional up-gradation with effect from 01.01.2006. In terms of this clarification, the Inspectors who were in receipt of financial up-gradation under the ACP scheme started drawing the grade pay of Rs. 5400/- on completion of the residency period.

The Board vide letter no. 2 under reference issued a further clarification that the non functional up gradation can be given on completion of 4 years of regular service in grade pay of Rs. 4800/- in PB-2 (pre-revised scale of Rs. 7500-12000) after regular promotion and not on account of financial up gradation due to ACP.

Immediately on issuance of letter no. 2 under reference, we had represented to the Board inter alia pointing out that the Board’s letter has been issued on erroneous premises since –

i) The Government of India resolution No. 1/1/2008 IC dated 29.08.2008 does not make a categorization within the Group B cadres in Departments of Revenue and Post for the purpose of grant of Grade Pay of Rs. 5400/-

ii) In terms of the ACP Scheme notified by DOPT vide Office Memorandum No.35034/1/97-Estt(D) dated 09.08.1999, the financial up-gradation under the scheme should be granted to the pay scale of the next hierarchical cadre.

iii) Board vide F. No. A.32011/8/98 – Ad III A 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 Superintendent of Central Excise

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Vice President (NZ): Lekh Raj MeenaVice President (SZ): N. VenkitakrishnanVice President (WZ): V.K.TyagiVice President (EZ): Sanjay SinghVice President (CZ): S.K. Panda


Jt. Secretary (NZ):Aabhay SinghJt. Secretary (SZ): Shankar RaoJt. Secretary (WZ):R.B.MeenaJt. Secretary (EZ): Pramod H. Dhal




iv) 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 ACP recipient Inspectors.

v) In terms of DOPT OM No.35034/3/2008-Estt. (D) dated 19.05.2009 with regard to the Modified ACP Scheme (in Paragraph 6.2 of the Annexure) 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 Sixth 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.”

vi) 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. In that list the existing pay of Superintendent is shown as Rs. 7500-12000 and the Revised Scale is shown as Rs. 7500-12000 and Rs. 8000-13500 after 4 years.

vii) From the foregoing submissions it is unambiguously clear that the Inspectors who received the Financial up gradation under the ACP scheme are to be placed in the pre-revised pay scale of Rs. 7500-12000 and Rs. 8000-13500 after 4 years corresponding to the Grade Pay of Rs. 4800/5400(PB2) in the revised pay structure.

viii) Any clarification with regard to ACP Scheme has to be issued by the DOPT and the Department of Expenditure is not competent to clarify.

The representation as stated above submitted by this association still remains indisposed. Meanwhile, Shri. M. Subramanian, Inspector of Central Excise, Salem Commissionerate filed an OA before Central Administrative Tribunal (Chennai Bench) seeking to quash the letter no. 2 under reference and for a declaration that ACP recipient Inspector is entitled for grant of Grade Pay of Rs. 5400/- on completion of 4 years service. The said OA was dismissed and the applicant challenged the order of CAT before the High Court of Madras by WP No. 13225/2010 and the petition has been allowed by judgment dated 06.09.2010. (Copy enclosed) by holding that the petitioner 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.













Vice President (NZ): Lekh Raj MeenaVice President (SZ): N. VenkitakrishnanVice President (WZ): V.K.TyagiVice President (EZ): Sanjay SinghVice President (CZ): S.K. Panda


Jt. Secretary (NZ):Aabhay SinghJt. Secretary (SZ): Shankar RaoJt. Secretary (WZ):R.B.MeenaJt. Secretary (EZ): Pramod H. Dhal




It is respectfully submitted the judgment of the Honourable High

Court of Madras has vindicated the contentions put forth by this Association. 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 respects 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. The letter no. 2 under reference seeks to penalize Inspectors of Central Excise since they are stagnating.

It is well known that among the three non-gazetted Group B executive cadres in CBEC recruited through a common examination, the Inspectors of Central Excise is the only cadre who remain in the entry level for more than twice the qualifying service required for promotion and the other two cadres get their promotion within 3 to 8 years from entry. The resentment and demoralization on this account can be removed at least to a certain extent if the Inspectors of Central Excise are compensated financially. In these circumstances I request the Board to accept the judgment dated 06.09.2010 of the Honourable High Court of Madras in WP No. 13225/2010 without dragging the matter further and extent the benefit to all Inspectors and give some respite to the stagnating cadre of Inspectors of Central Excise.

Thanking You,

Dated 03.12.2010 Yours

faithfully

KOUSIK ROYSECRETARY GENERAL









Latest Representation on Rs.5400 Grade Pay

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