Thursday, June 4, 2009

Comrades,
Pl. refer to the letter No. Co-ord/Exp/GP/2008-09 dated 18.05.2009 of the Principal Chief Controller of Accounts, CBEC,By the said letter, the Pr. CCA has advised all the Pay & Accounts Officers under CBEC that the scale corresponding to the Grade Pay of Rs. 4600/-should be granted to the Inspectors whose ACP is due on or after 01.01.2006. The Association immediately communicated C.B.E.C about the subject matter and registered its protest. Now we are furnishing the communication made by us, Association like to thank its Pune circle General Secretary for this communication and the initiative taken by the Pune unit on the subject matter.

To
The Chairman,
Central Board of Excise & Customs,
Department of Revenue,
Ministry of Finance,
North Block, New Delhi.

Sir,

Sub: Grade Pay of Inspectors who were granted ACP between 01.01.2006
and 31.08.2008 – Reg.

Ref: Instruction of the Principal Chief Controller of Accounts issued vide letter No. Co-ord/Exp/GP/2008-09 dated on 18/05/2009.

We wish to bring to your kind notice, the letter No. Co-ord/Exp/GP/2008-09 dated 18.05.2009 of the Principal Chief Controller of Accounts, CBEC, and to place our serious objections to the same. A copy of the letter is enclosed. By the said letter, the Pr. CCA has advised all the Pay & Accounts Officers under CBEC that the Inspectors who were granted ACP on or after 01.01.2006 should be placed in the pre-revised scale of Rs. 7450-11500 corresponding to the Grade Pay of Rs. 4600/- in the Pay Band 2 and the Grade pay of Rs. 4800/- could be granted only after the officer is promoted as Superintendent.

We submit that the said direction is illegal as it is contrary to instructions issued by the Department of Personnel & Training on ACP Scheme as well as Modified ACP Scheme.

The Modified ACP Scheme has been notified by the DOPT Office memorandum No. 35043/3/2008 – Estt (D) dated 19.05.2009. Paragraph 9 of the OM specifies without any scope of ambiguity that MACPS is operational with effect from 01.09.2008. The MACPS also amply clarifies that as regards the ACP for the period 01/01/2006 to 31/08/2008 and the consequential financial upgradations would be as per the provisions of earlier ACP scheme which would be operational till 31.08.2008. Hence, in respect of Inspectors who have qualified for ACP on completion of twelve years service on a date on or after 01/01/2006 up to 31.08.2008, the financial upgradation would have to be granted in terms of the ACP Scheme, 1999 and the upgradation ought to be to the pay scale of the next hierarchical post- viz. the Superintendent of Central Excise.

The MACPS is also clear and categorical to the effect that past ACPs granted should not be reopened.

We also submit that that the instruction of the Principal Chief Controller of Accounts has been issued on 18/05/2009 i.e. prior to the issuance of MACPS Office Memorandum (which was issues on 19/05/2009. Therefore, consequent on the notification of the MACPS, the Principal Chief Controller of Accounts instruction dated 18/05/2009 is rendered null and void since the DOPT guidelines supercedes the PCCA’s instruction. Further, any clarification as to the ACPS/MACPS has to be sought from the Department of Personal & Training only and the Principal Chief Controller of Accounts, CBEC is not competent to issue any instruction.

We apprehend that the based on the referred to instructions of the Principal Chief Controller of Accounts, the PAOs may raise objections to the Grade Pay of Rs. 4800/- fixed to Inspectors who were granted ACP between 01.01.2006 and 31.08.2008 and acceptance of such objection by the pay fixing authorities of this Department would lead to unnecessary miseries and untold miseries to the officers across the length and breadth of the country.

It is therefore requested that the Board may resolve the imbroglio with the Principal Chief Controller of Accounts and issue urgent instructions rescinding the Principal Chief Controller of Accounts instructions contained in letter No. Co-ord/Exp/GP/2008-09 dated 18.05.2009. The PAO’s and all formations under the CBEC may be suitably apprised to adhere to the MACPS and to ignore any objections raised by the PAOs’ based on the instructions of Principal Chief Controller of Accounts contained in letter No. Co-ord/Exp/GP/2008-09 dated 18.05.2009.


Yours faithfully


(Kousik Roy )


Copy to:

The Joint Secretary (Admn)
Central Board of Excise & Customs,
Department of Revenue,
Ministry of Finance,
North Block, New Delhi.

With a request to look into the matter and have the issue suitably resolved at the earliest please.

3 comments:

subhash said...

Dear Mr. Kausik Roy,

The solution of this problem is the upgradation of the scale of Inspector to 7450-11500 with pay grade 4600 as recommended by the 6PC. Inspector should get next scale of Superintendent on ACP but now he has to wait for two ACP or promotion to get the scale of superintendent. So, we should work hard and try our all means like strike to get the pay grade of 4600..

Subhadip said...

whatever happened to 4600 GP to inspectors? any updates.

Kuldeep Singh said...

I think that the OM regarding MACP has not been read in detail. On going through the Annexure attached to the OM, it can be seen that (6.1) the officers who were eligible for the acp between 01.01.06 & 31.08.2008, have to either accept the GP of 4600 or have to forego their arrears of the pay commission till the date of their ACP. This condition is contrary to the paragraph 9 of the OM and needs to be challanged. WE the inspectors of 1995 batch have been granted ACP on completion of 12 years, but have been given the GP of 4600 only in Vadodara zone. Though we have represented before the cadre controlling authority but there are only little hopes after issuance of the OM with such clarifications as in Annexure 6.1.