We are all aware, all Group B Officers in Central Board of Excise and Customs (Superintendents of Central and Customs, Appraisers etc.), who were given the 2nd ACP prior to implementation of sixth Pay Commission report, were denied the Grade Pay of PB3 Rs.5400 at the time of fixation of salary in 1.1.2006.
The interpretation of Administration and PAOs in this issue was PB-3 Rs.5400 is meant for Direct Recruit Group A Officers only as it is mentioned against the said Grade pay as "Entry Grade" and therefore the same is not applicable to promotee officers.
However, this argument was proved wrong, as Cadre Control Authority of Chennai Zone has issued Circular No: 1/2011 dated 8.4.2011 in this regard with the following categorical directions to all Commissioners of Customs and Central Excise.
" 3(i) The Pay of Superintendent (Direct Recruit Inspectors) who were given the second ACP prior to the introduction of MACP scheme will be fixed in the pay band PB-3 with the grade pay of Rs.5400."
"3(iv) The Pay of Superintendent whose grade pay is fixed as Rs.5400 in PB-3 and upon next financial upgradation under ACP/MACP will be fixed in the pay band PB-3 with the grade pay of Rs.6600/-"
"3(v) the Pay of Superintendents whose grade pay is fixed as Rs.5400 in PB-2 will be fixed with the grade pay of Rs.5400 in PB-3 upon grant of financial upgradation under MACP scheme."
It is observed by the Cadre Control Authority in the said order dated 8.4.2011 that in DOPT Office Memorandum No: 35034/3/2008-Estt (D) dated 9.9.2010, clearly explains with illustration as to how the pay should be fixed for the officers who were granted pay benefits under erstwhile ACP Scheme. (Click here to download DOPT Office Memorandum No: 35034/3/2008-Estt (D) dated 9.9.2010).
The Cadre Control Authority has also referred the order dated 9.3.2011 of Hon'ble CAT, Chennai in O.A No: 821, 930, 931 and 1098/2010, which also confirms that the pay scale of PB-3 with grade pay of Rs.5400 for the Superintendents (dirct recruit Inspectors) who were granted with 2nd Financial upgradation under ACP Scheme.