ALL INDIA PENSIONERS’ ASSOCIATION OF
CBIC
SECRETARY GENERAL ADDRESS FOR COMMUNICATION
LOKANATH MISHRA
JENA MATH LANE, PANCHU CHAURA
Mob- 9437314941
PURI-
752001, ODISHA.
Email-
jailoknathjee @ gmail.com.
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REF No. 117/2020 Dated 21.09.2020
To,
The Chairman,
Central Board of Indirect Taxes & Customs
North Block, New Delhi-110001
Sir,
Sub.- Granting of GP- 7600 in
PB-3 in 3rd MACP to direct recruit Inspectors / Granting of GP- 6600
in PB-3 in 3rd MACP to direct recruit UDCs and Stenos and revision of pension to pensioners after
granting such GP-7600in PB-3/ GP6600 in PB-3 in 3rd MACP- request
for.
I
beg to state that many direct recruit Inspectors of all the cadre controlling
authorities of CBIC who joined in the department during the years 1971 to 1981
were granted 2nd ACP upgradation during the years 1999 to 2005 on
completion of 24 years of service (either having one promotion or no promotion)
and were placed in the scale of 8000-13500.
2.
Despite the recommendations of 6th CPC and as confirmed in the Subramaniam verdict (The High Court of
Madras in WP No. 13225/2010 in Subramaniam case, against which not
only the SLP(C) No. 029382/2011 filed by the CBIC was dismissed on 10.10.17 but
the review petition has also been dismissed on 23.08.18 and finally Govt
decided to implement such verdict in rem),
the direct recruit Inspectors of
all the cadre controlling authorities of CBIC who joined the department during
the years 1971 to 1981 and granted with 2nd ACP upgradation during
the years 1999 to 2005 on completion of 24 years of service (either having one
promotion or no promotion) and placed in
the scale of 8000-13500 were not granted
the time scale in the Grade Pay of Rs. 5400/- in PB2 (Level 9) w.e.f.01.01.2006
after completion of four years of service as Superintendent as on
01.01.2006 but their revised grade pay
was fixed in the replacement grade pay of GP 5400 in PB-3 w.e.f 01.01.2006
arbitrarily.
3. These direct recruit Inspectors, who joined
the department during the years 1971 to 1981 were granted with 3rd
MACP upgradation during the years 2008 to 2011-placing them in the grade pay of
Rs. 6600/- in PB3 after completion of 30 years of service. As per
recommendation of 6th CPC and the decision of Apex Court in
Subramaniam case, it was required to fix their grade pay in 5400 in PB-2 w.ef.
01.01.2006 instead of GP-5400 in PB-3 and thereafter it was required to re fix
their grade pay again w.e.f. 01.01.2006 in higher grade pay to continue with
the benefits of the 2nd ACP.
4.
In the verdict given by the Hon’ble Madras High Court in Writ Petition No.
11535/2014 Balakrishnan case, it has been upheld that the Grade Pay
of Rs. 5400/- in PB-2 & PB-3 is one and the same thing. It was also decided
in this case that the time scale can’t be offset with the MACP upgradation and
next Grade Pay of Rs. 6600/- is to be given after the time scale given in the
Grade Pay of Rs. 5400/-.in PB-2. The SLP (C) 15396 of 2015 filed by the
Govt. was also dismissed in this case. Thus, the matter has been finally
settled at the level of the Hon’ble Apex Court.
5.
In the verdict given by the Hon’ble High Court of Delhi in the W.P.(C) No.
9357/2016 in Hariram case, it was upheld that non-functional financial
upgradation (time scale) is not MACP upgradation and can’t be offset with it.
This order of the High Court has already been implemented vide office order No.
190/E-IV/Estt/DHC Dt. 23.02.18 without preferring any appeal against it. So,
this matter is also finally settled.
6. In
W.P. (C) 5146/2012 also in Delhi Nurses case, the High Court of Delhi granted
the next higher Grade Pay of Rs. 6600/- after time scale to the employees. The
SLP(C) No. 010607/2013 filed by the Govt. was also dismissed by the Supreme
Court in this case. Thus, the matter has been finally settled at the level
of the Hon’ble Apex Court in this case too.
7. The High Court of Madras
in WP No. 13225/2010 in Subramaniam case, against which not only the
SLP(C) No. 029382/2011 filed by the CBIC was dismissed on 10.10.17 but the
review petition has also been dismissed on 23.08.18, has ruled that time
scale/NFS would be granted on completion of 4 years after ACP/MACP upgradation
establishing that the ACP/MACP upgradation and time scale are altogether
different and can no way be off-set with each other. Thus, the matter has
also been finally settled at the level of the Hon’ble Apex Court in this case.
8. It has also been settled in Misc. Petition No. 6500, 6502, 6503,
6504, 6530, 6531, 6535, 6561, 6564, 6578 & 6579/2019 by the Hon’ble High
Court of Jabalpur that the Grade Pay of Rs. 5400/- in PB 2 and Rs.
5400/- in PB 3 is one and same as it has erroneously been treated as separate
grade pays for the purpose of grant of upgradations under MACPS.
9. It is also worth to
submit that any matter is treated as the law of the land after being settled at
the level of the Hon’ble Supreme Court. Such matters are also treated as the
law after being settled even at the level of the Hon’ble High Court or Central
Administrative Tribunal, if no appeal made. All of such verdicts are also to be
implemented in rem, if there is no specific order by the Hon’ble Court to
implement the same in person. If not implemented in rem, it shall also be
contemptuous to the concerned court.
10.. In view of the above,
it is requested to kindly grant these direct recruit Inspectors of all the
cadre controlling authorities of CBIC who joined the department during the
years 1971 to 1981:
(i) GP 5400 in PB-2 w.e.f.
01.01.2006
(i) 2nd MACP
upgradation in the Grade Pay of Rs. 6600/ in PB-3 w.e.f 01.01.2006.
(ii) 3rd MACP
upgradation in the Grade Pay of Rs. 7600 in PB-3.
11. Many direct recruit
Inspectors who granted with Time scale of GP 5400 in PB-2 on or after
01.01.2006, were required to be granted with GP.6600 in PB-3 in 2nd
MACP upgradation and Rs. 7600/ in PB-3 in 3rd MACP upgradation. Similarly, many direct recruit UDCs/Stenos
who granted with Time scale of GP 5400 in PB-2 on or after 01.01.2006, were
required to be granted with GP.6600 in PB-3 in 3rd MACP upgradation.
12. After refixation of
grade pays, necessary order may kindly be issued for refixation of their
pension, gratuity, Leave Pay and other pensionary benefits as all these
officers have already been retired from their services.
Yours sincerely,
(LOKANATH MISHRA)
SECRETARY GENERAL
Copy for information and necessary action to all Chief Commissioners, CGST, Central Excise and
Customs of CBIC..
