MACP ANOMALY

IRS  (INDIRECT TAXES)OFFICERS’ ASSOCIATION.

Secretary General:        Address for communication:                              

Lokanath Mishra            C.R.Building , Bhubaneswar-751007                                        

Mob. 09437314941          mail Id:jailoknathjee@gmail.com        

                                                                                                                                                  

Ref No.IRSITOA/2015/      105                                                     Dated:- 06.07.15      

To

The Chairman

Central Board of Excise & Customs,

North Block

New Delhi- 110001

Sir,

Sub.:  Order dt. 08.12.2014 of Hon’ble Madras High Court in Writ Petition no. 19024 of 2014 & M.P. no. 1 of 2014 filed by Sri R Chandrasekharan against order dt. 24.02.2014 in OA no. 675 of 2013 passed by Hon’ble CAT, Madras Bench

Your kind attention is drawn to the CBEC’s letter under F no. A-23011/25/2013.Ad.IIA dt. 24^th May 2015(copy enclosed), addressed to the Chief Commissioner of Central Excise, Chennai Zone, on the above subject in terms of which the benefit of 3^rd MACP has been allowed to the petitioner Sri Chandrasekharan as a consequence of the Hon’ble Madras High Court Order dt 08.12.2014(copy enclosed), as referred to above. The opinion of the DOPT in this regard has also been enclosed with the said letter of the CBEC (copy enclosed).

The penultimate paragraph no. 17 of the said Order contains direction of the Hon’ble Court to the effect that “The Department of Personnel, Public Grievances and Pensions is directed to consider the issue in extenso in the light of the provisions of MACP scheme and the benefits given to the employees like the petitioner to count the non-functional scale for the purpose of ACPS”. The letter and spirit of the direction clearly indicates that the benefit allowed to  Sri R Chandrasekharan is required to be extended to all the similarly placed officers in the CBEC. Accordingly, necessary order may kindly be issued to that effect ensuring benefit of 3^rd MACP in the grade Pay of Rs 6600/- to all the similarly placed officers in CBEC in the light of the Hon’ble Madras High Court’s Order.

While issuing the order, the following aspects may kindly be considered and necessary instructions to the concerned formations may please be given.

1.       To ensure that all the similarly placed officers who have so far not been given the benefit of 3^rd MACP in the grade pay of 6600/- is given the said benefit with retrospective effect along with the arrears after having re-fixed their pay accordingly.

2.       The orders for recovery of already granted 3^rd MACP in the grade pay of 6600/- to similarly placed officers, if issued by any Commissionerate, may kindly  be withdrawn and the recovery stopped with immediate effect.

3.       The similarly placed officers, who have retired by now without the benefit of 3^rd MACP in the grade pay of 6600/-, should be given such benefit retrospectively along with arrear and their retirement pay should be re-fixed accordingly to ensure higher pensionery benefit.

4.       The letter of the CBEC under F no. 23011/29/2010-AD.IIA dated 4^th June 2014 may kindly be treated as withdrawn (copy enclosed).

Enclosure: as above                                                                                                                        Yours faithfully,

(Lokanath Mishra)

Secretary General