GRANT MACP ON PROMOTIONAL HIERARCHY – CAT PRINCIPLE BENCH, NEW DELHI

GRANT MACP ON PROMOTIONAL HIERARCHY – CAT PRINCIPLE BENCH, NEW DELHI

CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION GRANT OF MACP ON PROMOTIONAL HIERARCHY:

CAT PRINCIPLE BENCH, NEW DELHI DIRECTS UNION OF INDIA TO GRANT MACP ON PROMOTIONAL HIERARCHY TO PPOs OF DIRECTORATE OF PLANT PROTECTION, DEPARTMENT OF AGRICULTURE AND COOPERATION, FARIDABAD.  THE CASE WAS FILED BY SHRI K S SHARMA, PPO (E)& Ors VIDE OA NO. 2548/2014, MA No. 2167/2014.

Text of judgement reproduced below:-

Central Administrative Tribunal
Principal Bench, New Delhi

OA No.2548/2014
MA No.2167/2014

New Delhi, this the 31st day of  July, 2014

ORDER (ORAL)

Mr. G. George Paracken, Member (J) :-

The applicant has filed this OA seeking the following reliefs :-

(a) to declare the action of the respondents in not granting the scale of Rs.15600-39100 (PB-3) with Grade Pay of Rs.5400 & 6600 as illegal and arbitrary.

 To direct the respondents to grant scale of Rs.15600-39100 with Grade Pay of Rs.5400 & 6600 attached to the promotional posts, as 2nd & 3rd financial upgradation to the applicants under MACP from due date with all arrears of pay.

To declare the OM/MACP dated 19.05.2009 as unconstitutional to the extent the same deny the next  promotional scale attached to the promotional post as 1st, 2nd & 3rd financial upgradation as illegal, arbitrary and unjustified and issue appropriate consequential directions.

To allow the O.A. with costs.

Pass such other direction or directions order or orders as this Hon ble Tribunal may deem fit and proper to meet the ends of justice.

2. According to the learned counsel for applicants, this case is squarely covered by an order of this Tribunal  dated 26.11.2012 in OA No.904/2012 Sanjay Kumar Vs. Secretary, Ministry of Defence and Ors.  The operative part of the said order reads as under :-

4. We have heard the learned counsel for the parties.  The issue raised in the OA has already been considered by the Chandigarh Bench of this Tribunal in OA No.1038/CH/2010- Rajpal son of Shri Tilak Ram Versus Union of India and others.

5. In the aforesaid OA, the applicant was working as Photocopier and he was already given 1st Financial Upgradation under the ACP Scheme. According to the applicant, his pay had been wrongly fixed in pay band-1 with grade pay of Rs.2400/- on grant of 2nd Financial Upgradation under the MACP Scheme.  This Tribunal held that the applicant therein was entitled for the 2nd Financial Upgradation in the next hierarchy of posts and not in the next grade pay. The posts of Photocopier and that of LDC/Hindi Typist being isolated posts, not having any promotional avenues, the Chandigarh Bench of the Tribunal made the following observations:-

1.1. We have heard the learned counsel for the parties and considered the documents on record.

1.2. There is no dispute that the applicant is holding the post of Photocopier, which is an isolated post, having no  avenues for promotion.  It is also not disputed that the post held by the applicant had been declared equivalent to the post of LDC/Hindi Typist etc. by the Tribunal as well as the High Court by judicial pronouncements in matters of grant of ACP, which have attained finality and stands implemented also.     Accordingly, applicant was granted Ist ACP (under the old ACP) w.e.f. 9.8.99 in the pay scale of Rs. 4000-6000.

1.3. It has also been settled that the ACP would be  granted on completion of the required years of service in the hierarchy of posts for the posts of LDC/Hindi Typists, and not in the next higher scale in the recommended scales.   The same principle would have to be applicable  in regard to grant of MACP to the applicant.   The only difference is that while  in case of ACP two financial upgradations were granted  on completion of 12 and 24 years of service, in case of MACP, three upgradations on intervals of 10, 20 and 30 years of service.

1.4.         The respondents have placed reliance on para 13 of the MACPS, which reads as under:


13. Existing time-bound promotion scheme, including insitu promotion scheme, Staff Car Driver Scheme or any other kind of promotion scheme existing for a particular category of employees in a Ministry/Department or its offices, may continue to be operational for the concerned category of employees if it is decided by the concerned administrative authorities to retain such Schemes, after necessary consultations or they may switch-over to the MACPS.  However, these Schemes shall not run concurrently with the MACPS.

Reliance has further been placed on  decision  taken  in the second meeting of the Joint Committee on MACPS held under the Chairmanship of the joint Secretary  DoPT was circulated.   Item No.3 of the Agenda for the said meeting reads as under:

The MACP Scheme provides for placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay after 10,20 and 30 years of service.  On the other hand the earlier ACP Scheme provided for placement to higher pay scale of the next promotion post in the hierarchy of the pay scale after 12 and 24 years of service taken from date of induction in service.

1.5. Be that as it may, the principle enunciated and settled by the Tribunal/High Court for grant of ACP   cannot be changed and  the same principle would apply for grant of MACP to him. The only difference  is of number of years required to be completed.  We find no justification to take a different view in the matter

1.6.   For the foregoing reasons, the impugned order dated 9.8.2010, (Annexure A-1)qua the applicant, fixing his pay in PB-1 with grade pay of FR 2400/- under the second MACP,  and the order dated  10.8.2010 (Annexure A-2 ) are hereby quashed and set aside.  Consequently,  the respondents are directed to grant second financial   upgradation to the applicant   under the  MACPS   from  due date fixing  his pay  in the hierarchy of posts decided in his case earlier and to pay the resultant arrears without interest, within a period of 2 months from the date of receipt of a copy of this order.

1.7. The OA stands disposed of in the above terms.  No costs.
   

6. The respondents have challenged the aforesaid order before the Hon ble High Court of Punjab and Haryana at Chandigarh in CWP NO.19387/2011 decided on 19.10.2011. The Hon ble High Court of Punjab and Haryana at Chandigarh held that there was no infirmity in the aforesaid order passed by the Chandigarh Bench of this Tribunal. The relevant observations of the said order are extracted hereunder:

Upon implementation of the 6th Central Pay Commission, the scale of Rs.3050-4590/- was kept in pay band-I, Rs.5,200-20,200/- with grade  pay of Rs.1,900/-, the scale of Rs.4,000-6,000/- was also kept in pay band-I with grade pay of Rs.2,400/- and the scale of Rs.5,500/-9,000/- was kept in pay band-II in pay scale of Rs.9,300-34,800/- with grace pay of Rs.4,200/- increased to Rs.4,600/-. In terms of MACP Scheme, respondent no.1 was granted the lower scale by keeping in pay band -I of Rs.5,200-20,200/- with grade pay of Rs.2,400/-.  This was done in terms of order dated 09.08.2010.  Accordingly, respondent No.1 approached the CAT contending that he is entitled to be granted the scale of Rs.5,500-9000/- towards the 2nd Financial Upgradation at par with the post of Hind Typist and LDC.  Such claim of respondent No.1 has been upheld by the CAT in the impugned order dated 31.05.2011.


7. In our considered view, the present OA is squarely covered by the aforesaid judgment of Chandigarh Bench, as upheld by the Hon ble High Court of Punjab and Haryana at Chandigarh.

8. In fact, the respondents have wrongly interpreted the terms and conditions mentioned in the MACP Scheme, issued by the Deptt. of Personnel & Training, in the case of the applicants. By the said Scheme, the eligible government servants are to be placed in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay and not merely in the next higher scale of pay as per the recommendations of the 6th Pay Commission.  In the hierarchy after the scale of UDC, the next scale is that of Assistant. Therefore, the respondents should have given the next higher grade pay and pay band attached to the next promotional post  in the hierarchy, namely, the Assistants carrying the pay scale of Rs.9300-34800 and the grade of Rs.4200/-.

9. In view of the above position, this OA is allowed. The respondents are directed to grant scale of pay of Rs.9300-34,800/- with grade pay of Rs.4200/- attached to the said promotional post of Assistant/OS from the due date to the applicants.
10. The aforesaid directions shall be complied with within the period of two months from the date of receipt of a copy of this order, subject to the other conditions mentioned in the MACP Scheme.

There shall be no order as to costs.

3.    He has also submitted that following the aforesaid order,  this Tribunal has passed similar orders in OA No.1493/2014 Indian Ordnance Factories Gazetted Officers Association through its President Shri Brajesh Kumar Singh & others Vs. UOI & Ors, OA No.988/2014 Shri Pradeep Kumar & Ors. Vs. Secretary, Ministry of Information & Broadcasting & Ors,, OA No.864/2014 Shri Om Prakash & Ors. Vs. Secretary (NCERT) & Ors., and OA No.203/2014 Narener Kumar, JE(Civil) Vs. Govt. of NCT of Delhi & Ors. He has further stated that the OA No.864/2014 (supra) has been challenged by the respondents therein before the Hon ble High Court of Delhi vide WP(C) No.3608/2014 but the same was dismissed vide order dated 14.07.2014.

4.  In view of the above position, we dispose of this OA at the admission stage itself with the direction to the respondents  to consider the case of the applicants in the light of the aforesaid orders. If their case is covered by them, they shall also be extended the same benefits under intimation to the applicants.  The aforesaid direction shall be complied with, within a period of two months from the date of receipt of a certified copy of this order.

5. For the sake of convenience of the Respondents, Registry is also directed to send a copy of this OA to them.

      ( Shekhar Agarwal )                              (G. George Paracken)
       Member (A)                                             Member (J)

#MACP, #Promotional Hierarchy, #CAT, #Grant MACP, #grant scale, #Grade Pay, #arrears

Aadhaar Enabled Biometric Attendance System (AEBAS) be implemented in all central government offices

Aadhaar Enabled Biometric Attendance System (AEBAS) be implemented in all central government offices

Aadhaar watch on babus

New Delhi, Aug. 20: The sarkari babu will have to make every minute count.

The Narendra Modi government has ordered that an Aadhaar Enabled Biometric Attendance System (AEBAS) be implemented in all central government offices.

 A circular issued to all central government offices in the capital today has also asked employees, of all ranks, to submit their contact details (email ID, residential address, telephone and personal mobile phone numbers) to the department of personnel and training that is with the Prime Minister’s Office.

Delhi police are already building a databank containing the cellphone number, email ID, name, rank and “personal number” and of every city cop, from constable to commissioner, on the orders of the PMO. A letter from the home ministry on August 5 had asked for such a databank, which will also include the municipality in which the cop lives. “All the station house officers are on the job,” an officer said.

The circular issued today does not give a date from which the new attendance system will be implemented. It says “Aadhaar number is mandatory to register attendance”.

At least one state — Jharkhand — has begun implementing the AEBAS. But a central government order means the system will have to be adopted across the country.

The system will be implemented in the capital first and then in all central offices outside New Delhi. The order is binding on all employees, including those in the armed forces.

To implement the system, all offices will have to install fingerprint scanners with Wi-fi Internet. The objective of the system, sources said, is “to check absenteeism and measure the time an employee spends in office and the time he or she checks in and checks out”.

Similar systems have been implemented in many corporate offices, both in the private and the public sector, though they are not based on Aadhaar, the card issued to citizens by the Unique Identification Authority of India that was headed by Nandan Nilekani and created by the UPA II government of Manmohan Singh in 2009.

The system will also seek to ensure that employees cannot backdate attendance or mark attendance for someone else.

On July 1, Nilekani had met Modi and finance and defence minister Arun Jaitley and given a presentation on the Aadhaar scheme that impressed the new regime.

Police clueless

Delhi police have been left befuddled by the message from the PMO asking for the databank.

“This is unprecedented. We are not clear about the objective behind it,” a senior officer said in private.

“It seems the PMO is going to be the new control room for everything: it will keep a tab on all government officials including the police,” conjectured an IPS official posted in the home ministry.

The Delhi police, who claim to be the world’s largest metropolitan force with their 80,000 personnel including nearly 50,000 constables, have thrown themselves into the massive exercise.

Delhi’s is the only police force in the country that is under the Union home ministry’s direct control. Police sources said the directive came in the form of a ministry letter dated August 5.

Additional deputy commissioner Mahesh Batra then wrote to all the zonal deputy commissioners to help prepare the databank.

“May kindly direct the concerned to collect the same from every employee under your control and feed the information by August 13,” says the letter, dated August 11, of which The Telegraph has a copy.

“There will not be an extension of this date, being time-bound requirement by Prime Minister’s Office….”

Not surprisingly, the deadline has been missed. A senior officer said the task would be completed by the end of this month.

Source: The Telegraph
http://www.telegraphindia.com/1140821/jsp/nation/story_18743020.jsp

Public Provident Fund (Amendment) Scheme, 2014

Public Provident Fund (Amendment) Scheme, 2014

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUB-SECTION (i)]

Government of India
Ministry of Finance
(Department of Economic Affairs)

Notification

New Delhi, the 13th August, 2014.

G.S.R. (E). – In exercise of the powers conferred by sub-section (4) of Section 3 of the Public Provident Fund Act, 1968 (23 of 1968), the Central Government hereby makes the following further amendments to the Public Provident Fund Scheme, 1968, namely :-

1. (1) This Scheme may be called the Public Provident Fund (Amendment) Scheme, 2014.

(2) It shall come into force from the date of its publication in the Official Gazette.

2. In the Public Provident Fund Scheme, 1968, -

(i) in paragraph 3, in sub-paragraph (1), for the letters and figures “Rs. 1,00,000”, the letters and figures “Rs. 1,50,000” shall be substituted;

(ii) In Form-A, in paragraph (iv), for the letters and figures “Rs. 1,00,000”, the letters and figures “Rs. 1,50,000” shall be substituted.

[F.No. 1/2/2014-NS.II]

(DR.RAJAT BHARGAVA)
JOINT SECRETARY TO THE GOVERNMENT OF INDIA

Source: www.finmin.nic.in
[http://finmin.nic.in/the_ministry/dept_eco_affairs/budget/PPF_amendment_scheme2014.pdf]

CGEWHO Kolkata (Phase-II) Housing Scheme: Notice for meeting

CGEWHO Kolkata (Phase-II) Housing Scheme: Notice for meeting

TO ALL BENEFICIARIES OF KOLKATA (PHASE-II) HOUSING SCHEME

On 29th August 2014 (Friday) at 10:00 Hours Shri Akhilesh Kumar, Officiating CEO, CGEWHO intends to meet the beneficiaries of Kolkata (Phase-II) Project at the Project Office.

In the meeting all the concerned officials shall remain present. All Beneficiaries, specifically who are raising queries and writing frequently to the Ministry/CGEWHO are hereby informed about the above visit.

Source: http://www.cgewho.in/kol-2.pdf

Memorandum to 7th CPC: All India Customs Ministerial Employees Federation

Memorandum to 7th CPC: All India Customs Ministerial Employees Federation

 ALL INDIA CUSTOMS MINISTERIAL EMPLOYEES' FEDERATION

HEAD QUARTER: 15/1, STRAND ROAD, CUSTOM HOUSE, KOLKATA - 700 001

Tele Fax: (33) 2230 5530, E-mail ID : aicmef@yahoo.co.ln

Affiliated to: Confederation of Central Government Employees &'Workers, New Delhi

UNIT OFFICES: MUMBAI : KOLKATA: CHENNAI : VIZAG : COCHIN

Recognised by Government of India F.No.B12017/4/2004AD.IV.A under CCS(RSA)Rules,1993

S. Kaliamurthy
PRESIDENT,CHENNAI
09848234942    

SAUGATA CHAKRABORTY

GENERAL SECRETARY,KOLKATA

09433402024

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

Ref. No
   

Date:

The Secretary, Seventh Central Pay Commission,
Post Box No. 4599, Hauz Khas P.O,
New Delhi 110 016
E-mail:- secy-7cpc@nic.in

Sub: - Submission of Memorandum on issues of the All India Customs Ministerial Employees’ Federation under Central Board of Excise & Customs-reg.


Respected Sir/Madam,

 I am submitting herewith the Memorandum on issues of the Customs Ministerial Staffs, Chemical Staffs(Group-‘C’) and Marine Staffs working in the field formation of the Central Board of Excise & Customs, North Block, New Delhi-110 001.

 I on behalf of my Federation would like to request before your goodself to allow this Federation to submit an oral deposition with documents before 7th CPC for redressal and we would also like to request you to give us opportunity for supplementary submission, if any, for your kind consideration.

Thanking you.

Yours faithfully,

 Sd/-

 [SAUGATA CHAKRABORTY]

 Secretary General

MEMORANDUM  TO THE  SEVENTH PAY COMMISSION

Submitted by

ALL INDIA CUSTOMS MINISTERIAL EMPLOYEES FEDERATION

H.Q-15/1,Strand Road, Custom House,Kolkata-700001.

Email: aicmef[at]yahoo.co.in

Ph.- (0)9433402024,033 22305530

PREAMBLE:

This Federation i.e. All India Customs Ministerial Employees Federation(AICMEF) is the largest Ministerial Federation recognized by the Central Board of Excise and Customs(CBEC) after satisfying the Membership over 35% of working strength of the Ministerial Staff as laid down in the CCS(RSA)Rules,1993. It is known to all that CBEC is functioning under Department of Revenue whereas another wing is existing in the name of Central Board of Direct Taxes (CBDT). This CBDT & CBEC is the major Revenue earning organization of Govt. of India. This Federation, AICMEF have their members all over India in the ‘Customs’ domain.

Ministerial Staff in the Customs Field formations are participating directly in the process of Revenue earning and is engaged in different technical departments such as Import Noting, Appraising, Export, Preventive etc. and is also playing a pivotal role in doing the housing keeping job.

PROFILE OF MINSTERIAL CADRE UNDER CBEC:

Other than Group ‘A’ cadres there are mainly two types of cadres (1) Executive cadres such as Appraiser (Group ‘B’ Gazetted), Superintendent of Customs (Preventive)(Group ‘B’ Gazetted), Inspector (Preventive Officer & Examiner) and (2) Ministerial cadres. Ministerial cadres at present consists of Chief Accounts Officer (Group ‘A’), Administrative Officer (Group ‘B’ Gazetted). DY. Office Superintendent (Group ‘B’ non-gazetted), Sr. Tax Assistant (Group ‘B’non-gazetted), Tax Assistant(Group ‘C’) and Lower Division Clerk (Group ‘C’).

Name of the post	5th CPC	6th CPC
Chief Accounts Officer	8000/--275-13500/-	PB-3 with G.P.5400/-
Administrative Officer	6500/--200-10500/-	PB-2 with G.P 4600/-
Dy. Office Superintendent	5500/--175-9000/-	PB-2 with G.P 4200/-
Sr. Tax Assistant	5000/--150-8000/-	PB-2 with G.P 4200/-
Tax Assistant	4000/--100-6000/-	PB-1 with G.P 2400/-
Lower Division Clerk	3050/--75-4590/-	PB-1 with G.P 1900/-

Distinctive function of Ministerial Cadre:


It is evident from the designation that these Ministerial Cadres are directly involved with the Revenue collection procedure which is unique to this Ministerial cadres because the Ministerial cadres in other department are involved with the house keeping job only. It is not out of context to mention here that the Staff Selection Commission takes a separate examination to appoint Tax Assistant in the Revenue Department i.e. in the CBEC & CBDT.

Read full memorandum click here
Source: Confederation

#Memorandum to 7th cpc, #CBEC, #Ministerial Staff, #Seventh Pay Commission, #Confederation News, #7CPC, #7th CPC Grade Pay, #AICMEF, #CBDT, #EMPLOYEES FEDERATION, #6th CPC, #Employees News