Central Board of Excise & Customs

(REPRESENTATION SHOULD BE SUBMITTED INDIVIDUALLY BY SUPERINTENDENTS WHO HAVE COMPLETED MORE THAN 4 YEARS AS SUPERINTENDENT AS ON 01.01.2006 AND GRANTED WITH 2ND FINANCIAL UPGRADATION UNDER ACPS PRIOR TO 31.12.2005)

DRAFT

The Chairman,

Central Board of Excise & Customs,

North Block, New Delhi-110001.

(Through Proper Channel)

Subject: Issue of direction to grant GP-7600 in PB-3 in 3rd financial upgradation under Modified Assured Career Progression Scheme (MACP Scheme) in case of Shri ------Superintendent of Central Excise, ------request for.

Sir,

Kindly refer to Order ------dated ------of Central Excise Commissionerate, ------(copy enclosed) relating to financial upgradation under Modified Assured Carrier Progression Scheme & 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. I, ------Superintendent of Central Excise, Customs & Service Tax, ------, Commissionerate, ------( herein after referred to as ( “the Representationist”) beg to state that I, joined as Inspector of Central Excise on------, got promotion to the post of Superintendent of Central Excise on------, granted with the pay scale of 8000-13500 in second financial upgradation under ACP Scheme w.e.f.------and granted with the GP-6600 in PB-3 in 3rd financial upgradation under Modified Assured Carrier Progression Scheme w.e.f.------

3. It is respectfully submitted by “the Representationist” 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 the pay scale of Rs. 5,500-9,000/-.

(B). First financial upgradation under ACP after 12 years of service: The pay scale of the Superintendent, i.e., Rs. 6,500-10,500/-.

( C ). Second financial upgradation under ACP: The pay 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 by the Govt. of India (Department of Expenditure) w.e.f. 01.01.06 vide notification dated. 29.08.08(G.S.R. NO622 (E) dated 29.08.08) duly upgrading the post of Superintendentin 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.

Since the Govt. of India granted two Pay Scales/ Grade Pays to the post of Superintendent of Central Excise w.e.f. 01.01.2006(while one i.e. 7500 -12000 revised to GP-4800 in PB-2 is normal replacement scale/grade pay, the second i.e. 8000-13500 revised to GP-5400 in PB-2 is a higher pay scale/ grade pay), it is considered that the post of Superintendent is upgraded w.e.f 01/01/2006. In the said Gazette Notification dated 29.08.08, it is clearly mentioned that those have completed 4 years are entitled for the pre revised scale of pay of 8000-13500. Prior to the period 31.12.2005( 01.01.96 to 31.12.2005), the Superintendents who completed 4 years of service as Superintendent were granted with the pay scale of 7500-12000( pre revised scale from 21.04.2004 to 31.12.2005) or 6500-10500 ( pre revised scale from 01.01.96 to 20.04.2004)along with other Superintendents who completed less than 4 years of service . But in accordance with Govt. of India Gazette Notification dated 29.08.2008 two class have been created in the grade of Superintendent of Central Excise one class for Superintendents having less than 4 years of service in the grade of Superintendent of Central Excise and the 2nd class for Superintendents having more than 4 years service as Superintendent. The 2nd class i.e. Superintendents having more than 4 years of service has been upgraded with effect from 01.01.2006 and in this case the pay scale of 7500-12000( pre revised ) has been upgraded to 8000-13500( pre revised ) w.e.f. 01.01.2006 as per the said Gazette Notification dated 29.08.2008.

4.. It is respectfully further submitted by “the Representationist” that Para.5 to Annexure-I of Modified Assured Career Progression Scheme circulated by DOPT under OM NO.35034/3/2008-Estt.(D) dated 19.5.2009 reads as follows:
“Promotion earned/upgradation granted under the ACP scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/ up gradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting up gradations under Modified ACPS.”

The Central Board of Excise and Customs under FNO A-26017/98/2008-AdIIA dated 16.09.2009 , has interalia instructed its entire Cadre Controlling Authorities 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 irrespective of the pay scale attached to the post. The CBEC again under F.NO.A.26017/98/2008-AdIIA dated17/23.12.2009 has clarified that “the benefit of one increment @3%is permissible at the time of fixation of pay of Gr-B officer on non functional basis”.

“The Representationist” had completed more than 4 years of service as Superintendent as on 01.01.2006, and was eligible to be granted with the pre revised scale of 8000-13500 as non functional basis on the said date i.e. 01.01.2006 as per Gazette Notification dated 29.08.08 red with CBEC FNO A-26017/98/2008-AdIIA dated 16.09.2009 with the benefit of one increment. Since “the Representationist” was granted with the same pre revised scale of pay of 8000-13500 on his 2nd financial upgradation w.e.f ------, such 2nd financial upgradation under ACPS was required to be ignored w.e.f. 01.01.2006 under above said para.5 to Annexure-I of Modified Assured Career Progression Scheme circulated by DOPT under OM NO.35034/3/2008-Estt.(D) dated 19.5.2009 ,

5. It is respectfully submitted by “the Representationist” that para 6.1 of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009 provides that “In the case of ACP upgradation granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS(RP) Rules, 2008 to have his pay fixed the revised pay structure either (a) w.e.f. 01.01.2006 with reference to his pre-revised scale as on 01.01.2006 or (b) w.e.f the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP. In case of option (b) he shall be entitled to draw his arrears of pay only from the date of his option i.e. the date of financial up gradation under ACP”.

6. It is respectfully submitted by “the Representationist” that after the pay scale of 8000-13500(pre revised ) was granted with one increment to the “the Representationist” on non functional basis w.e.f 01.01.2006, duly ignoring his earlier 2nd financial upgradation under ACPS, he was required to be granted the pay scale of 10000-15200( pre revised) in the 2nd financial upgradation under ACPS again as on 01.01.2006 ( because the pre revised pay scale of 10000-15200 is higher to the pre revised pay scale of 8000-13500 in the hierarchy and as per para 6.1 of MACPS in the case of ACP upgradation granted between 01.01.2006 and 31.08.2008, the Government servant has the option under the CCS(RP) Rules, 2008 to have his pay fixed in the revised pay structure w.e.f the date of his financial upgradation under ACP with reference to the pre-revised scale granted under ACP).

After granting the pay scale of 10000-15200 (pre revised) in second financial upgradation under ACPS again w.e.f 01.01.2006 duly ignoring the earlier second financial up gradation under ACPS, the pay scale of “the Representationist” was required to be fixed in the GP-6600 in PB-3 (revised ) as on 01.01.2006, in terms of para 6.1 of MACPS &“the Representationist” was entitled to draw his arrears of pay on 01.01.2006 i.e. the date of financial up gradation under ACP”.

7. It is respectfully submitted by “the Representationist” that vide F.NO 1/AICEGEO/BBSR /2009/129 dated 25.08.09, ( copy enclosed )the General Secretary of All India Association of Central Excise Gazetted Executive Officers, Bhubaneswar Unit, Bhubaneswar had requested your good self to grant GP-7600 in PB-3 in 3rd financial up gradation under MACPS to the Superintendents of Central Excise on completion of 30 years of service and eligible for such up gradation, but due to ill luck the said representation is still pending at Board. Despite such request to grant GP-7600 in PB-3 in 3rd financial upgradation under MACPS, ------dated ------of Commissionerate of Central Excise , ------, “the Representationist” was granted with GP-6600 in PB-3 on his 3rd financial upgradation under MACPS w.e.f ------by the Commissioner Central Excise & Customs , ------. The Secretary General of All India Association of Central Excise Gazetted Executive Officers vide Ref.No.15/10 dated 26.02.10 has also represented your honour to grant GP-7600 in PB-3 in 3rd financial up gradation under MACPS to the Superintendents of Central Excise on completion of 30 years of service and eligible for such up gradation, but due to ill luck the said representation is also still pending at Board.

Nothing has been mentioned in the order NO. ------dated ------of Commissionerate of Central Excise ,------, about exercise of option under para 6.1of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009 for which “the Representationist” could not exercise any option under the said para. Moreover, since Board circular dated 23.08.99 relating to ACPS has not yet been amended, “the Representationist also could not get a chance to exercise any option under such para 6.1. Therefore the said OM dated 23.08.99 of CBEC and order NO. ------dated ------of Commissionerate of Central Excise , ------are required to be amended with a provision to exercise option under 6.1 of Annexure to MACPS afresh by “the Representationist”.

8. It is respectfully submitted by “the Representationist” that the O.M. No.35034/1/97-EST(D) dt.08.09.99 of DOPT provides vide 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 2nd financial 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 wrongly directed 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. 01.01.06 vide 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 while the officers completing 24 years of 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 of DOPT had been awarded with the pay scale of Under Secretary, i.e., Rs. 10,000-15,200/- 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 awarded with 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. 01.01.06 in view of the said circular dated 12.09.03 of DOP&T.

9. It is respectfully submitted by “the Representationist” 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-3 under 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 the grade 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 bands as 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. This para 8.1 is operative from 01.09.2008 and provisions of this paragraph were not applicable for financial upgradation under ACPS during the period 01.01.2006 to 31. 08.2008. 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 . GP-5400 in PB-2 is equal to GP-5400 in PB-3. 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.

10. It is respectfully submitted by “the Representationist” that as it appears , considering all the above points as discussed above, 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)&( ignoring such financial upgradation) 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.

11. “The Representationist” therefore, respectfully requested that immediate necessary steps may kindly be taken for issuance of the necessary orders to implement the above said Govt. of India (Department of Expenditure) notification dated. 29.08.08(G.S.R. NO622 (E) dated 29.08.08), DOPT. OM. NO. 35034/34/2008-Estt (D) dated 09.09.2010 read with OM NO 35034/3/2008-Estt(D) dated 07.09.2010 & DOPT, OM NO 35034/3/2008-Estt. (D) dated 09.09.2010 relating to Modified Assured Carrier Progression Scheme, and to grant the following to “the Representationist”.

(I) . The non functional scale of 8000-13500(pre revised) w.e.f 01.01.2006 duly ignoring his earlier 2nd financial upgradation under ACPS (allowed as on ------), as he had completed more than 4 years service as Superintendent as on the said date.

(II) The scale of pay of 10000-15200 (pre revised) duly allowing him again 2nd financial upgradation w.e.f 01.01.2006 under ACPS.

(III) To exercise option w.e.f 01.01.2006 afresh under para 6.1 of Anexxure-1of DOPT OM.NO.35034/3/2008-Estt.(D) dated 19.05.2009.

(IV).The Grade Pay of Rs.7, 600/- in PB-3 on 3rd financial upgradation w.e.f 01.09.2008 under MACPS.

Kind obliged.

Yours faithfully,

(------)

SUPERINTENDENT

Central Excise, Customs and Service Tax

------

Advance copy is submitted to save delay.

(REPRESENTATION SHOULD BE SUBMITTED INDIVIDUALLY BT SUPERINTENDENS WHO WAS GRANTED 2ND FINANCIAL UP GRADATION UNDER ACPS PRIOR TO 31.12.2005 AND COMPLETED 4 YEARS OF SERVICE AS SUPERINTENDENT DURING 01.01.2006 TO 31.08.2008 AND GOT 3RD MACPS)

DRAFT

The Chairman,

Central Board of Excise & Customs,

North Block, New Delhi-110001.

(Through Proper Channel)

Sir,

2. I, ------Superintendent of Central Excise, Customs & Service Tax, ------, Commissionerate, ------( herein after referred to as ( “the Representationist”) beg to state that I, joined as Inspector of Central Excise on------, got promotion to the post of Superintendent of Central Excise on------, granted with the pay scale of 8000-13500 in second financial upgradation under ACP Scheme w.e.f.------and granted with the GP-6600 in PB-3 in 3rd financial upgradation under Modified Assured Carrier Progression Scheme w.e.f.------

3. It is respectfully submitted by “the Representationist” 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 the pay scale of Rs. 5,500-9,000/-.

(B). First financial upgradation under ACP after 12 years of service: The pay scale of the Superintendent, i.e., Rs. 6,500-10,500/-.

( C ). Second financial upgradation under ACP: The pay scale of the Asst. Commissioner after 24 years of service, i.e., Rs. 8,000-13,500/-.