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Latest Representation on Rs.5400 Grade Pay

Latest Representation on Rs.5400 Grade Pay

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Published by: Vigneshwar Raju Prathikantam on Dec 03, 2010
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ALL INDIA CENTRAL EXCISE INSPECTORS’ASSOCIATION
15/1 Strand Road, Custom House, M.S.Building, 7
th
floor, Kolkata-700001
(Affiliated to the Confederation of Central Government Employees & Workers)
Recognised by Ministry of Finance
[vide
F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]
President:Arun Zachariah.P
09447037011Working President:A.S. Kundu09426746721Vice President (NZ):Lekh Raj MeenaVice President (SZ):N. VenkitakrishnanVice President (WZ):V.K.TyagiVice President (EZ):Sanjay SinghVice President (CZ):S.K. Panda
Secretary General:Kousik Roy09831007827
Asst. Secy. General:N. Balraj09849859460Liaison Secretary:Shibaji Ch. Nayak09437090969Jt. Secretary (NZ):Aabhay SinghJt. Secretary (SZ):Shankar RaoJt. Secretary (WZ):R.B.MeenaJt. Secretary (EZ):Pramod K. Dhal
Address forCorrespondence:Block-‘B’ Flat No. 30168, Shibpur Road,Shibpur, Mandirtala,Howrah-711102Phone:03322420693Cell:09831007827E.Mail: sgaiceia@gmail.com,roy.kousik@rediffmail.comarun_zach@yahoo.com
Ref. No. AICIEA/CBEC/190/2010 03.12.2010
ToSmt. Lalitha JohnMember (P&V)Central Board of Excise & Customs,Department of Revenue, Ministry of Finance,North Block, New Delhi.Sir,Sub: Grade Pay of Rs. 5400/- to ACP recipient Inspectors – Judgment of Honourable High Court of Madras in WP 13225/2010 - RegRef: 1. Board’s letter F. No. A.26017/98/2008-Ad II A dated 21.11.20082. Board’s letter F. No. A.26017/98/2008-Ad II A dated 11.02.2009Consequent to the implementation of the 6
th
CPC recommendations theGovernment decided to grant a grade pay of Rs. 5400/- in PB-II to Group Bofficers in the Departments of Revenue and Post on completion of 4 yearsservice in Grade Pay Rs. 4800/-The Board vide letter no. 1 under reference clarified that the 4 yearsperiod is to be counted with effect from the date on which the officer is placedin the pre-revised pay scale of Rs. 7500-12000 and if an officer has completed 4years service on 01.01.2006 or earlier, he will be given the non-functional up-gradation with effect from 01.01.2006. In terms of this clarification, theInspectors who were in receipt of financial up-gradation under the ACP schemestarted drawing the grade pay of Rs. 5400/- on completion of the residencyperiod.The Board vide letter no. 2 under reference issued a further clarificationthat the non functional up gradation can be given on completion of 4 years of regular service in grade pay of Rs. 4800/- in PB-2 (pre-revised scale of Rs. 7500-12000) after regular promotion and not on account of financial up gradation dueto ACP.Immediately on issuance of letter no. 2 under reference, we hadrepresented to the Board
inter alia
pointing out that the Board’s letter hasbeen issued on erroneous premises since –i)The Government of India resolution No. 1/1/2008 IC dated29.08.2008 does not make a categorization within the Group Bcadres in Departments of Revenue and Post for the purpose of grant of Grade Pay of Rs. 5400/-ii)In terms of the ACP Scheme notified by DOPT vide OfficeMemorandum No.35034/1/97-Estt(D) dated 09.08.1999, thefinancial up-gradation under the scheme should be granted to thepay scale of the next hierarchical cadre.
iii)
Board vide F. No. A.32011/8/98 – Ad III A dated 23.08.1999 hasspecified that the 1
st
Financial Up gradation under the ACP Schemeto the Inspectors of Central Excise would be to the pay scale of Superintendent of Central Excise
 
 
ALL INDIA CENTRAL EXCISE INSPECTORS’ASSOCIATION
15/1 Strand Road, Custom House, M.S.Building, 7
th
floor, Kolkata-700001
(Affiliated to the Confederation of Central Government Employees & Workers)
Recognised by Ministry of Finance
[vide
F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]
President:Arun Zachariah.P
09447037011Working President:A.S. Kundu09426746721Vice President (NZ):Lekh Raj MeenaVice President (SZ):N. VenkitakrishnanVice President (WZ):V.K.TyagiVice President (EZ):Sanjay SinghVice President (CZ):S.K. Panda
Secretary General:Kousik Roy09831007827
Asst. Secy. General:N. Balraj09849859460Liaison Secretary:Shibaji Ch. Nayak09437090969Jt. Secretary (NZ):Aabhay SinghJt. Secretary (SZ):Shankar RaoJt. Secretary (WZ):R.B.MeenaJt. Secretary (EZ):Pramod H. Dhal
Address forCorrespondence:Block-‘B’ Flat No. 30168, Shibpur Road,Shibpur, Mandirtala,Howrah-711102Phone: 03322420693Cell: 09831007827E.Mail: sgaiceia@gmail.com,roy.kousik@rediffmail.comarun_zach@yahoo.com
iv)
Consequent to the implementation of the 6
th
CPCrecommendations the pay scale for the post of Superintendent of Central Excise has been upgraded to Rs. 7500-12000/ 8000-13500(after 4 years) corresponding to the Grade Pay of Rs. 4800/- andRs. 5400/- in the Revised Pay Structure and hence the samewould be the pay scale to be granted to the ACP recipientInspectors.
v)
In terms of DOPT OM No.35034/3/2008-Estt. (D) dated 19.05.2009with regard to the Modified ACP Scheme (in Paragraph 6.2 of theAnnexure) it is specified that “In cases where financial upgradation had been granted to Government servants in the nexthigher scale in the hierarchy of their cadre as per the provisionsof the ACP Scheme of August, 1999, but whereas as a result of theimplementation of Sixth CPC’s recommendations, the next higherpost in the hierarchy of the cadre has been upgraded by grantinga higher grade pay, the pay of such employees in the revised paystructure will be fixed with reference to the higher grade paygranted to the post.”vi)The Section II of Part C to Schedule I of CCS (RP) Rules, 2008 givethe list of posts to which a higher replacement scale has beengranted and the post of Superintendent is included. In that listthe existing pay of Superintendent is shown as Rs. 7500-12000 andthe Revised Scale is shown as Rs. 7500-12000 and Rs. 8000-13500after 4 years.
vii)
From the foregoing submissions it is unambiguously clear that theInspectors who received the Financial up gradation under theACP scheme are to be placed in the pre-revised pay scale of Rs.7500-12000 and Rs. 8000-13500 after 4 years corresponding to theGrade Pay of Rs. 4800/5400(PB2) in the revised pay structure.viii)Any clarification with regard to ACP Scheme has to be issued bythe DOPT and the Department of Expenditure is not competent toclarify.The representation as stated above submitted by this association stillremains indisposed.Meanwhile, Shri. M. Subramanian, Inspector of Central Excise, SalemCommissionerate filed an OA before Central Administrative Tribunal (ChennaiBench) seeking to quash the letter no. 2 under reference and for a declarationthat ACP recipient Inspector is entitled for grant of Grade Pay of Rs. 5400/- oncompletion of 4 years service. The said OA was dismissed and the applicantchallenged the order of CAT before the High Court of Madras by WP No.13225/2010 and the petition has been allowed by judgment dated 06.09.2010.(Copy enclosed) by holding that the petitioner is entitled to receive the GradePay of Rs. 5400/- from the date on which he has completed 4 years in the pre-revised pay scale of Rs. 7500-12000.

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