Letter to CGA, Dept. of Expenditure regarding Disbursement of Salary/wages/pension to the Central Govt. Employees and Pensioners on account of Durga Puja Dussehra Festival

 

Letter to CGA, Dept. of Expenditure regarding Disbursement of Salary/wages/pension to the Central Govt. Employees and Pensioners on account of Durga Puja Dussehra Festival

 

Letter to Smt. Nirmala Sitharaman, Hon'ble Finance Minister regarding Grant of Bonus to the Central Govt. Employees

 

 GRANT OF ADVANCE-SPECIAL FESTIVAL PACKAGE TO GOVERNMENT SERVANTS (Click the link below to view)

https://www.doe.gov.in/sites/default/files/Approved%20SOP%20Order.pdf

 

TUESDAY, OCTOBER 13, 2020

-------------------------------------------------------------------------------------------------------------------

                    Dated: 13^th October-2020

 

PRESS STATEMENT

The Finance Minister, Government of India, has declared two special packages for the Central Government Employees -- viz ; Special Festival Package for grant of advance and Special Cash package equivalent in lieu of Leave Travel concession fare , for the financial year ending 31st March 2021.

Grant of Festival advance is not a new benefit, in so far as this facility was available to the Central Government Employees, till the implementation of 7th Central Pay Commission recommendations by the present Government. The Confederation of Central Govt Employees and Workers and also the Staff side, National Council JCM has been demanding the Government to modify the 7th CPC recommendations and retain the facilty of Festival advance as before. But the Central Government was very adamant and snatched away the benefit of Festival advance.  Instead of restoring the Festival advance as a permanent measure, the Government has now declared the package as a one - time measure, only upto the Financial year ending 31st March 2021. We demand the Government to restore Festival advance as a permanent measure as it is a refundable advance only.

The Special cash package equitant in lieu of Leave Travel concession is nothing but extraction of money of Central Govt. Employees by way of spending three times more the amount to be sanctioned by Government under the package. That means to get 1/3rd amount , the employee has to spent 2/3rd amount from his pocket , that too for compulsory purchase of goods and services with a GST of minimum 12% or above.

As per the existing orders of the Central Government on Leave Travel  concession , employees are already eligible for LTC fare of eligible class and Leave encashment of ten days. Instead of imposing stringent conditions like spending three times more  amount for getting eligible amount , Government should have extended the LTC facility for the current block year 2018 - 21 for one or two years , taking into consideration the Covid -19 pandemic situation. Confederation of Central Govt. Employees and Workers strongly protest the imposition of harsh conditions on employees for availing the special cash package in lieu of LTC.

The Central Government has freezed the Dearness Allowance (DA) and Dearness Relief (DR) of Central Government Employees and Pensioners from 01.01.2020 to 30.06.2021. Instead of imposing further restrictions on the existing LTC benefits of employees, the Central Government would have withdrawn the freezing of DA and DR. Further, the Bonus is normally declared in the first half of October every year , but bonus for this year is yet to be declared by the Government.  DA due on 1st July 2020 is to be declared in September 2020, but the same is also not yet declared.

In view of the above, we strongly demand the Central Government that instead of imposing more adverse conditions on the existing benefits of the Central Government Employees , the Government should immediately withdraw the DA/DR freezing orders and declare the bonus for the current year without any further delay.

                                                                                                    R.N.PARASHAR 

                                                                                            SECRETARY GENERAL

MONDAY, OCTOBER 12, 2020

 

CLARIFICATION REGARDING TREATMENT OF CGHS BENEFICIARIES AT GOVERNMENT HOSPITATS

- REGARDING   (Click the link below to view)

https://cghs.gov.in/showfile.php?lid=5857

 SPECIAL CASH PACKAGE EQUIVALENT IN LIEU OF LEAVE TRAVEL CONCESSION FARE FOR GOVERNMENT EMPLOYEES DURING THE BLOCK OF 2018-21

*************

GRANT OF ADVANCE –SPECIAL FESTIVAL PACKAGE TO GOVERNMENT EMPLOYEES

 

CONFEDERATION CIRCULAR/CENTRAL TRADE UNION DECLARATIONS & NOTICE FOR NATIONAL SECRETARIAT MEETING

 COUNTRYWIDE ONE DAY GENERAL STRIKE DECLARED BY CENTRAL TRADE UNIONS CONVENTION ON 26TH NOVEMBER, 2020

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.

 

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.

 

 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 3^rd MACP to direct recruit Inspectors / Granting of GP- 6600 in PB-3 in 3^rd 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 3^rd 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 2^nd 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 6^th 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 2^nd 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 3^rd 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 6^th 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 2^nd 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) 2^nd MACP upgradation in the Grade Pay of Rs. 6600/ in PB-3 w.e.f 01.01.2006.

(ii) 3^rd 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 2^nd MACP upgradation and Rs. 7600/ in PB-3 in 3^rd 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 3^rd 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..

 

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https://drive.google.com/file/d/1iKyA2zpsFrv30KDhdMl5XWxK7g3b4cfi/view
https://drive.google.com/file/d/1iKyA2zpsFrv30KDhdMl5XWxK7g3b4cfi/view