Judgement OANo.1309/2011 dated 26th Nov 2015

The judgement has been given in department's favour by referring Kolkata cat case.   Kolkata case sought for parity with Inspector.   Chennai case did not seek parity with Inspector.
In chennai case department could not answer the issue of person getting more on Macp itself than on promotion.
With the legal battle being lengthy, with no monetary or moral support, I am helpless and decided to drop idea of going further to higher forums of law on appeal.    The judgement is available in Chennai CAT website.

FINAL HEARING OVER ON 3.11.2015 - DATE OF VERDICT WILL BE ANNOUNCED SOON

The final hearing in the CASE FOR Rs.4600 Grade pay was over on 3.11.2015.   The date of verdict will be announced soon.

One MACP is adjusted against 2 promotions - Anomaly - some discussions in Gconnect forum

Thread: One MACP to Rs.4600 Grade pay adjusted against 2 Promotions - Unique anomaly

Ramnath posted on 1.9.2015

In our Department (Central Excise), we have Tax Assistant (Rs.2400 Gpay) and its promotional post Senior Tax Assistant (4200 Grade pay) & its promotional post - Deputy office Supdt. (Rs.4200 Gpay with 3% Increment). Then Dy. Office Supdt. gets promoted to Admn. Officer (4600 Gpay).

One situation is:

A few Senior Tax Assistants in Rs.4200 Grade pay have been granted MACP to 4600 Grade pay prior to promotion to Dy. Office Supdt. Then they have been promoted as Dy. Office Supdt. As MACP already granted, no fixation on promotion. After some years as Dy. Office Supdt., they have been promoted as Admn. Officers (Rs.4600 Grade pay). Hence, no fixation. Here, one MACP of Rs.4600 Grade pay is adjusted against 2 Promotions.

MACP envisages placement in the next immediate higher grade pay. Hence, a Tax Assistant drawing Grade pay of Rs.2400 is placed in Rs.2800 Grade pay. Then on promotion as senior Tax Assistant, he is granted Rs.4200 Grade pay. Likewise, a Senior tax Assistant (Rs.4200 Grade pay) is given Rs.4600 Grade pay on MACP. (Only Rs.5400 gpay in PB2 & PB3 have been mentioned to be different Grade pays as per Para 8.1 of MACP Order). As 3% increment (illogical) order dt.7.1.2013 has been issued & made applicable to Rs.4200 grade pay posts (feeder and promotional), a Senior Tax Assistant is drawing lesser Grade Pay on Promotion than on MACP which is a great anomaly.

I have been fighting the case of Grade pay in the Hon`ble CAT, Chennai Bench which is in final stages. Hope to get positive verdict on this sooner.

I welcome views of other boarders.
Ramnath.

soodeep posted on 2.9.2015

Is promotion within same pay band & grade pay still exists? (Senior Tax Assistant (4200 Grade pay) to the promotional post - Deputy office Supdt. (Rs.4200 Gpay with 3% Increment) 

 

Ramnath posted on 2.9.2015

I am fighting the case in CAT Chennai Bench since 2011 which is nearing its final stages.

soodeep posted on 3.9.2015

Agreed with the cause. But, MACP should be effective from 01.09.2008, the date from which MACP came into force after submission of report of 6 CPC.

Ramnath posted on 3.9.2015

In our Department persons have been granted MACP w.e.from 1.9.2008 (they are eligible from 1.9.2008 itself) with 4600 Gpay. But, they were getting ZERO on promotion till order of 3% for posts carrying same gpay was issued on 7.1.2013. Hence, MACP benefit is more than actual promotion.

Victor posted on 5.9.2015

The benefit of MACP cannot be more than actual promotion as MACP is basically a sort of compensation in the event of non-promotion. 

 

Ideally the feeder post and promotion post should have different grade pay as this signifies seniority in a cadre. But if there is a conscious decision to keep the two posts in the hierarchy with the same grade pay then the MACP would also be to the same grade pay.

In this regard the Record of Discussions of 3rd meeting of the Joint Committee on MACPS held on 20.4.2011 may also be referred to (Last Item on page 4 - 'Promotion in the identical Grade Pay'
(http://ccis.nic.in/WriteReadData/Cir...2010-JCA-1.pdf)

Victor

Ramnath posted on 8.9.2015

Thank you Mr.Victor for your response. Very happy to interact after a very long time. I differ from your view.

The MACP is based on the principle of grant of NEXT IMMEDIATE HIGHER GRADE PAY and as per 8.1 of MACP order, PB-2 5400 Gpay and PB3 5400 Gpay though they are in same Gpay are to be treated as different grade pay for MACP. Hence, on MACP one should get only next immediate higher grade pay. The meeting referred by you was held in 2011. At that point of time, the posts in 4200 gpay used to get ZERO financial benefit on promotion. So, it means MACP should be also ZERO and should be taken as granted one MACP. How can this be?

 

The posts that were placed in same Gpay of 4200 (5000 & 5500 scale of pay) should have been merged w.e.from 1.1.2006. Wherever it was not done, the promotion benefit should match MACP benefit. However, in our Department there existed two lines of promotion. Since 6th Pay Commn was implemented on 30.8.2008, but with effect from 1.1.2006 retrospectively, the posts could not be merged on 1.1.2006 itself as it would lead to revision of RR, etc. which cannot be done retrospectively and would lead to so many problems as there 2 channels of promotion. If there had been single channel of promotion, this would have been easier (like in many departments).

 

The meeting between Official side and staff side held in 2011, the minutes has been issued to cater to convenience of admn. rather than to be based on Logic. The order granting 3% increment was issued on 7.1.2013. Hence, till that time, if the promotion benefit is ZERO, can be MACP granted also be ZERO but taken as if one MACP has been granted. This violates the basic rule of MACP (which envisages placement in the next immediate higher grade pay).

 

For this clarification to withstand, the merger should be on 1.1.2006 itself. Keeping the posts separately till merger date (which is after 1.1.2006 on 18.12.2013 in our department), the anomaly will be in existence. This wont withstand any legal forum - I strongly feel.

Once again thank you for your response.

Regards,
Ramnath

ONE MACP is adjusted against TWO PROMOTIONS - Unique anomaly

In our Department (Central Excise), we have Tax Assistant (Rs.2400 Gpay) and its promotional post Senior Tax Assistant (4200 Grade pay) & its promotional post - Deputy office Supdt. (Rs.4200 Gpay with 3% Increment).   Then Dy. Office Supdt. gets promoted to Admn. Officer (4600 Gpay).

One situation is:  

A few Senior Tax Assistants in Rs.4200 Grade pay have been granted MACP to 4600 Grade pay prior to promotion to Dy. Office Supdt.   Then they have been promoted as Dy. Office Supdt.   As MACP already granted, no fixation on promotion.    After some years as Dy. Office Supdt., they have been promoted as Admn. Officers (Rs.4600 Grade pay).   Hence, no fixation.   Here, one MACP of Rs.4600 Grade pay is adjusted against 2 Promotions.

MACP envisages placement in the next immediate higher grade pay.   Hence, a Tax Assistant drawing Grade pay of Rs.2400 is placed in Rs.2800 Grade pay.   Then on promotion as senior Tax Assistant, he is granted Rs.4200 Grade pay.   Likewise, a Senior tax Assistant (Rs.4200 Grade pay) is given Rs.4600 Grade pay on MACP.      (Only Rs.5400 gpay in PB2 & PB3 have been mentioned to be different Grade pays as per Para 8.1 of MACP Order).    As 3% increment (illogical) order dt.7.1.2013 has been issued & made applicable to Rs.4200 grade pay posts (feeder and promotional), a Senior Tax Assistant is drawing lesser Grade Pay on Promotion than on MACP which is a great anomaly.  
   
I have been fighting the case of Grade pay in the Hon`ble CAT, Chennai Bench which is in final stages.     Hope to get positive verdict on this sooner.

DOS Grade Pay Case Status

Status of CAT case for Rs.4600 Grade Pay in the Hon`ble CAT, Chennai:-


FINAL HEARING OVER ON 3.11.2015

After summer holidays, the DOS Case came up for hearing today i.e., 2.7.2015 & 13.7.2015, 23.7.2015, 4.8.2015,... 24.8.2015, 31.8.2015, 2.9.2015, 10.9.2015 & 14.9.2015, 28.9.2015, 8.10.2015, 15.10.2015, 30.10.2015 & 3.11.2015.   The FINAL HEARING OVER ON 3.11.2015.

Counter Received from the Department on 25th Oct 2012.     Rejoinder submitted in March, 2013.

Hearing was held on 4th December 2012 and not held on 10th January, 2013, 20th March, 2013 (due to boycott of courts by lawers).    Next hearing was held on 9th April, 2013.     No hearing took place on 11th June, 2013 once again due to boycott of courts by Lawyers.         This is the 3rd time no hearing has taken place.   Hearings were also on 28th June and 18th July, 2013 & 12.8.2013 (court boycott).   Hearing got posted/postponed to 3rd & 13th then postponed to 23rd September, 2013, 10th Oct, 2013 & 9th Dec 2013, 3rd January 2014, 6th February 2014, 3rd March, 2014 and 13th March, 2014, 21st March, 2014 & 1.4.2014, 15th April, 2014, July 2014 & 1st August, 2014.
Next hearing is on 21.8.2014.

Dear DOS of Central Excise, If you are redesignated as Executive Assistant, represent for MACP

The DOS Case in the Hon`ble CAT Chennai is yet to come up for hearing after summer holidays.   The date is yet to be notified in the Cause List.    No solution at sight for Grade pay issue.   Another issue - Merger has cropped up now.    But this merger if it had been from 1.1.2006, no problem with regard to Merger.   But, it is silent on the benefit of promotion from 1.1.2006 to the date of merger when STA gets more benefit on MACP (Rs.4600 gpay) then on promotion.    But, merger from 1.1.2006 cannot be done as RR for promotion cadre cannot be amended from pre-date.    Better way would have been to abolish the post of DOS which will settle the issue forever.     It has not been settled but merger has been done.    Hence, represent for MACP for the time being.

 

Given below is the model representation for MACP.   If you are treated as Executive Assisant, then apply for MACP.  

From

Deputy Office Superintendent,

O/o........................

 

To,

The Commissioner of Central Excise/Customs/Service Tax,

.............................................

 

Respected Sir,

Sub:-

Request for the grant of 2nd or 3rd  MACP -Reg. *****

          I humbly submit the following for the Commissioner’s kind consideration for the grant of 2nd or  MACP :-

          I joined Central Excise/Customs department as ......................................... on                on my first appointment at .............................................

          I was re-designated as Tax Assistant (Grade Pay Rs.2,400/-) with effect from .....................        I got my first promotion as Senior Tax Assistant (Grade Pay Rs.4,200/-) on .............................

          I Got my Second/3rd promotion promotion as Deputy Office Superintendent (Grade Pay Rs.4,200/-) on ...............................

          As per Board’s letter F.No.A-11013/18/2015-Ad.IV dated 15^th April 2015 (Copy enclosed), the posts of Deputy Office Superintendent (PB-2 Rs.9300-34800 with Grade Pay Rs.4,200/-) and Senior Tax Assistant (PB-2 Rs.9300-34800 with Grade Pay Rs.4,200/-) as Executive Assistant in Central Board of Excise & Customs, consequent upon cadre restructuring and re-organization of filed formations under the Central Board of Excise & Customs issued vide F.No.A-11019/08/2013-Ad.IV dated 18.12.2013 and the re-designated post of Executive Assistant will carry a pay scale of PB-2 Rs.9300-34,800/- with Grade pay of Rs.4,200/- w.e.f 18.12.2013.

          In view of Board’s Order dated 15.04.2015, my promotion to Grade of Deputy Office Superintendent has been nullified & as I have completed more than 10 years of service in Rs.4200 Grade pay on .................................itself, I am eligible for grant of  ................MACP with effect from 18.12.2013 (the date of merger of DOS & STA into EA on re-designation) to Grade Pay of Rs.4,600/-.

          In view of the above I humbly request for grant of ......................... MACP in the Grade Pay of Rs.4,600/- w.e.f 18.12.2013 for which i shall be so grateful.

Thanking you,

Yours faithfully,

Date :

Deputy Office Superintendent

FINAL HEARING IS ON 6TH MARCH 2015