ALL INDIA ASSOCIATION OF CENTRAL
EXCISE GAZETTED EXECUTIVE OFFICERS
President: Address for communication: Secretary General:
Sushil Kumar Pareek 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik
Mob. 09414203722 mail Id: Mob. 09868816290
Vice Presidents: R.Pratap, Ravindra Chhabra, K.P.S.Rai, Anil D.Bhavisskar, V.Suresh Kumar, R.L. Sampath Kumar, Lokanath Mishra, V.N.Jha, K.A.Sayyed, Surendra Singh
Joint Secretaries: R.K.Solanki, N.C.Pandey,Anand Kishore, V.S.Kamble, P.C.Ajith Kumar, M.Nagaraju, R.K.Sarkar, Anindya Sundar Roy, Jitendra Singh, M.K.Mishra
Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. Dt. 2010
To,
The Chairman,
Central Board of Excise & Customs,
North Block,
New Delhi-110001
Subject: Issue of consolidated order/ clarificationsrelating to Assured Career Progression Scheme (ACPS) & MACPScheme forthe cadre of the Superintendent of Central Excise-request for.
Sir,
Kindly refer to our representation Ref.No 15/10 dated 26.10. 2010 on the above subject the O.M. F. No A-32011/8/98-Ad III (A) dated 23.08.99 of the Central Board of Excise and Customs relating to ACP Scheme and DOPT, OM NO 35034/3/2008-Estt. (D) Dated 09.09.2010 relating to Modified Assured Carrier Progression Scheme.
2. It is respectfully submitted that the Central Board of Excise and Customs had allowed the following financial upgradation under ACP Scheme to the cadre of the Inspector of Central Excise vide O.M F.NO A-32011/8/98-Ad III (A) dated 23.08.1999:-
(A). Initial recruitment: Inspector of Central Excise in thepay scale of Rs. 5,500-9,000/-.
(B). First financial upgradation under ACP after 12 years of service: Thepay scale of the Superintendent, i.e., Rs. 6,500-10,500/-.
( C ). Second financial upgradation under ACP: Thepay scale of the Asst. Commissioner after 24 years of service, i.e., Rs. 8,000-13,500/-.
The pay scales of the Inspector and Superintendent were revised to Rs. 6,500-10,500/- and Rs. 7,500-12,000/- respectively with effect from 21.04.2004 under department of Expenditure OM F. No.6/37/98.IC dated 21.04.2004, and on implementation of the recommendations of VI Central Pay Commission, the pay scale of the Superintendent of Central Excise was revised bythe Govt. of India (Department of Expenditure)w.e.f. 01.01.06 vide notification dated. 29.08.08 in the following manner:-
(A) Rs. 7,500-12,000/-, revised to the grade pay of Rs. 4,800/- in PB-2.
(B) Rs. 8,000-13,500/- (after 4 years of continuous service,) revised to the grade pay of Rs. 5,400/- in PB-2.
ACP scheme issued by the CBEC vide its O.M. dt. 23.08.99 for financial upgradation was operative for the period w.e.f. 08.09.99 to 31.08.08. but despite such revisions of pay scale twice in the cadre of Superintendent of Central Excise, (first on 21.04.2004 and second on 01. 01. 2006) the CBEC has not made necessary amendment/ correction in the above referred O.M. F. No A-32011/8/98-Ad III (A) dt. 23.08.99 till date for which there is no uniformity in implementing ACP Scheme during 01.01.06 to 31.08.08 by the entire cadre controlling authorities working under CBEC, and our members who are entitled for 2nd financial up gradation under ACP scheme during 01.01.06 to 31.08.08 have been deprived of in getting appropriate Grade Pay. Therefore they are having a feeling of helplessness.
3. It is respectfully submitted that the VI Central Pay Commission vide paragraph 7.15.24 of their report has recommended that since the parity between Superintendent of Central Excise and Chief Enforcement Officer is well established the same should be maintained in future. There was also parity between the posts of Superintendent of Central Excise and Deputy Superintendent of CBI. The VI CPC vide chapter 3.1 of their report has recommended parity between headquarters organizations and the field offices. In accordance with such recommendations to maintain parity in between head quarters organizations and field offices, the Govt. of India vide Gazette Notification dated 29.08 .2008 ( Section-II ) have allowed the pay scale of 8000-13500 to those Superintendents of Central Excise who have completed 4 years of service as Superintendent. In the said Notification it is clearly mentioned that those have completed 4 years are entitled for the pre revised scale of pay of 8000-13500 and there is no condition that only regular Superintendents are entitled for such higher pay scale and those Superintendents are continuing on adhoc basis without any technical break are not entitled for such higher pay scale and for getting such higher pay scale vigilance clearance is necessary. Contrary to the provisions of such Notification dated 29.08.08, the CBEC vide FNO A-26017/98/2008-Ad.IIA dated 16.09.09 has clarified that for getting such higher pay scale 4 years regular service and vigilance clearances are necessary. This circular is required to be withdrawn, because the same has not been issued in conformity with the Gazette Notification dated 29.08.08 of Govt. of India.The pre revised pay scale of 8000-13500 has been up graded to two grade pays i.e. GP-5400 in PB-2 and GP-5400 in PB-3 with effect from 01.01.06, though there is no difference in between GP-5400 in PB-2 and GP-5400 in PB-3 , this has created an anomaly as GP -5400 in PB-3 has been granted to Officers belong to headquarters organizations and few field offices on completion of 4 years, whereas without maintaining parity with officers of headquarter organization and other field offices, GP-5400 in PB-2 has been granted to the grade of Superintendent of Central Excise on completion of 4 years with effect from 01.01.06.
4. It is respectfully submitted that vide Order No 21/36/03-CS-I dated 13.11.2003 the Section Officers of CSS have been allowed the non-functional pay scale of 8000-13500 and GP-5400 in PB-3 with effect from 01.01.96 and 01.01.06 respectively on completion of 4 years of service, and this has been also extended to Stenographers of CSS subsequently.Vide OM No 10/3/2004-CS.II (Pt.-I) dated 10.08.06 it has been interalia clarified that “In the case of Steno Grade A &B (merged) who were promoted as PPSs between the period from 01.01 1996 to 3.10.2003, their pay may be first fixed in the NFS w.e.f. 01.01.96 as per the provision of this Department’s Order w.e.f 25.01.06 read with OM dated 31.03.06 and thereafter their pay in the post of PPS may be prefixed on notional basis with reference to their pay in NFS from the date of their promotion to the post”. In accordance with such provision the pay scale of those Superintendents of Central Excise who have completed 4 years of service as Superintendent w.e.f 01.01.2006 andhave been awarded with the 2nd financial upgradation under ACP scheme was required to be fixed in the non functional pay scale i.e. 8000-13500 notionally first w.e.f 01.01.2006 and thereafter benefit under ACP scheme was required to be awarded to him notionally. Since pre revised scale has been awarded under Notification dated 29.08.08, it was required to fix the NFS in pre revised pay scale first as on 01.01.2006 and thereafter revision in such pay scale was required to be made as per VI CPC recommendations. On or after 01.01.2006 those Superintendents have been awarded the benefit of 2nd financial upgradation under ACP/ACP without getting the benefit of NFS because of completion of 20 or 24 of service as the case may be, before completion of 4 years of service as Superintendent, they are also entitled for NFS benefit on notional basis on completion of 4 years as Superintendent.
5. It is respectfully submitted that the O.M. No.35034/1/97-EST(D) dt.08.09.99of DOPT providesvide para-7 to Annexure-I thereof that the financial upgradation under the ACP Scheme shall be given to the next higher grade in accordance with the existing hierarchy in a cadre. Therefore, the Superintendents of Central Excise with 2ndfinancial upgradation under ACP Scheme were required to be placed in the pay scale of Rs. 10,000-15,200/- which has been revised to the grade pay of Rs. 6,600/- in PB-3 w.e.f. 01.01.06,because the Govt. of India considered to grant the pre-revised pay scale of Rs. 8,000-13,500/-after 4 years of continuous service to the cadre of Superintendent of Central Excise with effect from 01.01.06. But the CBEC has wronglydirected to place such Superintendents having 2nd financial upgradation under ACP scheme in the grade pay of Rs. 5,400/- in PB-3 w.e.f. 01.01.06vide O.M. F.No. A-26017/76/2009-Ad.IIA dated. 29.09.09. The Govt. of India Gazette Notification dated 29.08.08 inter-alia provides that the financial upgradation under the Modified ACP Scheme shall be given to the next higher grade pay in the hierarchy. It has been clarified by the Board that the benefit of one increment @ 3% is permissible at the time of fixation of the pay to the group ‘B’ officers in PB-2 on non-functional basis with the grade pay of Rs. 5,400/-vide the O.M. F.No. A.26017/98/2008.Ad.II (A) dt. 23.12.09. Since the grade pay of Rs. 5,400/- has been provided in both PB-2 and PB-3 , the stagnated Superintendents of Central Excise who have completed more than 4 years of service in Superintendent grade as on 01.01.06 as well as also have been awarded with the second financial upgradation under ACP Scheme could not get any financial relief in the true sense in view of such clarification dated 29.09.09 of CBEC because the grade pay of Rs. 5,400/- in PB-3 is no way higher than the grade pay of Rs. 5,400/- in PB-2. Moreover, the officers completing 4 years of service have been awarded with a 3% increment whilethe officers completing 24 yearsof service have not been awarded with any financial benefit at all. In this context, it may be pertinent to mention that the Section Officers of the Central Secretariat Service who had been granted with non-functional scale of Rs.8,000-13,500/-after completion of 4 years of continuous service under O.M. No. 21/36/03-CX.1 dt. 13.11.03 ofDOPT hadbeen awardedwith the pay scale of Under Secretary, i.e., Rs. 10,000-15,000/-at the time of granting the second financial upgradation under ACP scheme , during the period 01.01.96 to 31.12.05. The DOP&T had clarified vide O.M. No. 35034/1/2000/Estt.(D) dt. 12.09.03 that there must be a financial relief in true sense to the stagnating officers under the ACP scheme. Therefore, the Superintendents of Central Excise who have been awardedwith the second financial upgradation under the ACP Scheme were entitled to get the grade pay of Rs.6,600/- in PB-3 w.e.f. 01.01.06in view of the said circular dated 12.09.03 ofDOP&T.
6. It is respectfully further submitted that the Board directed all the cadre controlling authorities under CBEC to implement the Modified Assured Career Progression Scheme w.e.f. 01.09.08 in accordance with O. M. dt. 19.05.09 of DOPT,circulated vide F. No. A-26017/76/2009-AD II (A) dt. 17.06.09. Accordingly, the Superintendents of Central Excise completing 30 years of regular service are required to be placed in the grade pay of Rs.7,600/- in PB-3under 3rd financial upgradation because the grade pay given at the time of financial upgradation is to be the next higher grade pay in the hierarchy of the revised pay band and grade pay as per the Gazette Notification dated 29,08.08.. The grade pay of Rs. 7,600/- in PB-3 is the next higher grade pay to thegrade pay of Rs. 6,600/-. The Govt. of India have accepted the recommendation of VI CPC to the effect that the grade pay given at the time of financial upgradation under ACP will be the immediate next higher grade pay in the hierarchy of revised pay bandsas per the notification dated 29.08.08. Para 8.1 of O.M. No. 35034/3/2008-Estt.(D) dt. 19.05.09 regarding MACPS provides that the grade pay of Rs. 5,400/- in PB-2 and grade pay of Rs. 5,400/- in PB-3 should be treated as separate grade pays for the purpose of the grant of upgradation under MACPS. However, this O.M. does not provide that the grade pay of Rs.5,400/- in PB-3 should be considered as higher than the grade pay of Rs. 5,400/- in PB-2. Any Gazette notification cannot be superseded by any circular or clarification, therefore Para 8.1 of OM No 35034/3/2008-Estt(D) dated 19.05.09 does not speak that GP 5400 in PB-3 is higher than Gp-5400 in PB-2. Hence the Superintendents of Central Excise who have joined as direct recruitee Inspector on completion of 30 years of regular service (as Inspector and Superintendent) are entitled for the grade pay of Rs 7,600/- in PB-3 in 3rd financial upgradation under MACP Scheme. Those Superintendents have joined as direct recruitee UDC/ Stenographer/ Lady Searcher on completion of 30 years of regular service ( as UDC/Stenographer/Lady Searcher, Inspector and Superintendent combinedly ) are entitled for the grade pay of 6600 in PB-3 in 3rd financial upgradation under MACP Scheme.
7. It is respectfully submitted that vide FNO A-26017/98/2008-AdIIA dated 16.09.2009 , CBEC has interalia instructed its entire Cadre Controlling Authorities that “It is now clarified that the grant of the higher grade pay of Rs 5400 in PB-2 on non functional basis is not linked to vacancy and may be given retrospectively w.e.f 01.01.2006 provided the officer concerned has (i) completed minimum 4 years of regular service as on 01.01.2006 as Customs Appraiser/ Superintendent of Central Excise/ Superintendent of Customs (P) irrespective of the pay scale attached to the post xxxxxxxxx”. Neither in the Gazette Notification dated 29.08.08 nor in the said circular dated 16.09.09 it has been mentioned that the Superintendents who have been awarded with 2nd financial upgradation under ACP or MACP Schemes and completed 4 years in the grade of Superintendent are not entitled for such non functional Grade Pay. Thus the Superintendents who are having 2nd financial upgradation under ACP/MACP are also entitled for such nonfunctional Grade pay on completion of 4 years as on 01.01.2006 or subsequently. Since the non functional Grade Pay is attached to same post and the same is not awarded considering as promotion because of mere change of Grade pay, the awarding of the same cannot be considered as a financial upgradation under ACP/MACP scheme. Under Gazette Notification dated 29.08.08 it is interalia mentioned that “the financial upgradation will be available whenever a person has been spent 10 years continuously in the same grade’. In the Notification it has not been mentioned that “a person has been spent 10 years continuously in the same “Grade Pay” The meanings of “same Grade” and “same Grade Pay” are not same and are totally different. Contrary to the provisions of Gazette Notification dated 29.08.08, the Principal Chief Controller of Accounts, CBEC vide its letter NO.CCA/SZ/CBEC/2009-10 / Clarification/ Dated 6.09.10 has interalia stated that ‘the benefit of non functional grade granted to the Superintendents ( Group-B) officers after completion of 4 years of regular service would be treated /viewed as upgradation in terms of para-8.1 of Annexure-I of OM dated 19.05.2009 and the same would be off set against one financial upgradation under MACPS”. This letter has not been issued in conformity with the gazette notification dated 29.08 08 and MACPS circular dated 19.05.09. Moreover para 8.1 of OM dated 19.05.09 provides that” GP-5400 in PB-2 and GP- 5400 in PB-3 should be treated as separate”. This para does not related to granting of GP-5400 in PB-2 as NFS and also to offset such NFS benefit under MACPS. Therefore the letter dated 6.09.10 of Principal Chief Controller is required to be withdrawn immediately.
8. It is respectfully submitted that the Department of Personnel & Training vide OM NO 35034/34/2008-Estt (D) dated 09.09.2010 read with OM NO 35034/3/2008-Estt(D) dated 07.09.2010, against point of doubt serial no .3 has interalia clarified the following;-
“(B) In the case of normal promotional hierarchy:
Date of appointment in entry Grade in the pre-revised pay scale of Rs 5500-9000-: 01.10.1982
1st ACP due on 09.08.1999; Rs 6500-10500
2nd ACP due on 01.10.2006 (as per the existing hierarchy): Rs 10000-15200 ( pre revised).
Therefore 2nd ACP would be in PB-3 with Grade pay of 6600(in terms of hierarchy available).
3rd financial upgradation under MACPS would be due on 01.10.2010 in the immediate next higher grade pay in the hierarchy of recommended revised pay brand and grade of Rs 7600”.
It is inferred otherwise from a plain reading of the above said clarification that the officers of Central Excise Department ( normal promotional hierarchy is available in this department) those have completed 4 years (irrespective of having 2nd financial up gradation under ACP Scheme)were entitled for NF Scale as on 01.01.2006 and those were having NF Scale of 8000-13500 as on 01.01.2006 (revised to GP- 5400 either in PB-2 or in PB-3) were entitled to Pay scale of 10000-15200 (revised to GP-6600 in PB-3) on 2nd financial upgradation under ACP Scheme. The financial upgradation under ACP scheme on the above manner was applicable during the period 01.01.2006 to 31.08.08 and those were entitled for 2nd financial upgradation during the period under ACP Scheme, in their case Grade Pay was required to be revised to GP-6600 in PB-3 also.
9. It is, therefore, respectfully requestedthat immediate necessary steps may kindly be taken for issuance of the necessary orders to award non functional grade of GP-5400 w.e.f 01.01.2006 and thegrade pay of Rs.6, 600/- in PB-3 for 2nd financial upgradation w.e.f 01.01.2006 grade pay of Rs.7,600/- in PB-3 for 3rd financial upgradation w.e.f 01.09.2008 to all the eligible Superintendents of Central Excise under the Assured Career Progression Scheme/ Modified Assured Career Progression Scheme.
10. It is respectfully submitted that the O.M. F. No A-32011/8/98-Ad III (A) dated 23.08.99 of the Central Board of Excise and Customs relating to ACP Scheme may kindly be amended witheffect from 01.01.2006 on the following manner:
(A). Initial recruitment: Inspector of Central Excise in thepay scale of Rs. 5,500-9,000/( up to 20.04.2004-.)/ Rs 6500-10500/-(from 21.04.2004 to 01.01.2006) / GP-4600 in PB-2(from 01.01.2006 to 31.08.2008)
(B). First financial upgradation under ACP after 12 years of service: Thepay scale of the Superintendent, i.e., Rs. 6,500-10,500/-( up to 20.04.2004)/Rs 7500-12000/-( from 21.04.2004 to 01.01.2006)/ GP-4800/- in PB-2( from 01.01.2006 to 31.08.08 )
( C ) Non functional Pay Scale / Grade Pay to Superintendent of Central Excise on completion of 4 years ( irrespective of fact whether awarded with 2nd financial upgradation under ACP Scheme or not and vigilance clearance is not necessary and promotion on adhoc basis will be taken into account ): Rs 8000-13500 ( as on 01.01.2006) / GP-5400.in PB-2 ( with effect from 01.01.2006 onwards).
( D ). Second financial upgradation under ACP after 24 years of service:-, Rs. 10000-15200/-. (as on 01.01.2006)/ GP-6600 in PB-3 (during 01.01.2006 to 31.08.08).
11. It is respectfully further submitted that like the above said order relating to ACP scheme, another order relating to MACP scheme may kindly be issued at your end, (operative with effect from 01.09.2008)to maintain uniformity amongst the entire cadre controlling authorities working under CBEC to award benefits under the said MACP Scheme to the grade of Superintendent of Central Excise on the following manner:
(A), Non functional Grade Pay on completion of 4 years as Superintendent (vigilance clearance is not necessary and promotion on adhoc basis will be taken into account): - GP -5400 in PB-2.
(B). 2nd financial upgradation under MACP on completion of 20 years of service as Superintendent and Inspector combinedly and awarded with NF Grade Pay of GP -5400in PB-2 :- GP-6600in PB-3.
( C ) 2ndfinancialupgradation under MACP on completion of 20 years of service as Superintendent and Inspector combinedly and without getting the NF Grade Pay of 5400 in PB-2 because of non completion of 4 years of service as Superintendent :- GP-5400 in PB-2.
(D) . Non Functional Grade Pay after completion of 4 years as Superintendent and those are awarded with 2nd financial up gradation under MACP on completion of 20 years of service:- GP-6600 in PB-3 ( This is required to maintain uniformity and parity )
( E ) 3rd financial upgradation in case of direct recruitee UDC/Stenographer/ Lady Searcher under MACP on completion of 30 years of service and having awarded with NF Grade Pay of 5400 in PB-2:- GP 6600 in PB-3.
(F)3rd financial upgradation in case of direct recruitee Inspector under MACP on completion of 30 years :-- GP 7600 in PB-3.
Thanking you,
Yours faithfully,
(RAVI MALIK),
SECRETARY GENERAL
Copy with the request to initiate appropriate necessary action to:
1. The Member (P&V), CBEC, North Block, New Delhi.
2. The Joint Secretary (Admn), CBEC, North Block, New Delhi.
3. The Commissioner, HRM, CBEC, Rajendra Place, New Delhi.
4. The Director General, HRD, CBEC, New Delhi.
5. Director ( Estt-I) , Establishment (D), Department of Personnel & Training, Ministry of Personnel, Public Grievance and Pensions, New Delhi.
(RAVI MALIK)
SECRETARY GENERAL
Page 1 of 6