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Shri.S.Karunakaran, Inspector of Central Excise, Trichy, who is also serving as General Secretary of All India Central Excise Inspectors Association, Trichy Branch is the author of this article.
The clarification that defies Reason:
The Principal Chief Controller of Accounts, CBEC in his letter No. Co-ord/Exp/GP/2008-09 dated 18.05.2009 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 of Central Excise and Customs whose ACP is due on or after 01.01.2006. This letter is taken as a whip by the PAOs and they are denying the Grade Pay of Rs.4800/- to those Inspectors of Central Excise who got ACP between 01.01.2006 to 31.08.2008 under the old ACP scheme.
Click the following link to read the letter dated 18.05.09 of PCCA
Office of the Pr.Chief Controller of Accounts
Central Board of Exicse and Customs
A.G.C.R Building (Ist Floor)
Sub: Grant of Grade Pay of Rs.4,600/- to Inspectors who are in receipt of ACP – Reg.
Various references have been received in this Office from field Pay & Accounts Offices regarding grant of Grade pay to Inspectors who have got ACP on or after 1.1.2006. In this regard, it is clarified that the Inspectors who have got ACP on or after 1.1.2006 are eligible for fixation of grade pay, to the immediate next higher grade pay in the hierarchy of revised pay bands and grade pay recommended by 6th Central Pay Commission. On regular promotion only the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given under Revised pay Rules 2008. As a new pay scale Rs.7450-11500 (pre-revised) has been inroduced w.e.f 01.01.2006, the Inspectors who are given ACP on after 01.01.20006 would be placed in the pay scale of Rs.7450-11500, correspondingly in the pay band Rs.9300-34800+ Grade pay of Rs.4,600/-. Only on regular promotion as Supdt., their pay will be fixed in the pay band 9300-34800+4800(pre-revised 7500-12000).
This issued with the approval of CCA, CBEC.
Deputy Controller of Accounts
But the PAOs are conveniently forgetting or pretending to have forgotten the MACP Notification issued by the Government of India on 19.05.2009 wherein the issue of grant of ACP between 01.01.2006 to 31.08.2008 has been clearly explained without grounds for any doubt. Any clarification issued by Deputy Controller of Accounts regarding the Modified ACP Scheme before the issue of Notification on MACPS (Modified ACP Scheme) by the Government of India stands rescinded and treated as non-est as and when the Notification on MACP was issued by the Government of India. The DOPT guidelines in the form of MACPS supercedes the PCCA’s instruction and binding on all the Departments including the Principal CCA. 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 has no authority or whatsoever to issue any instruction.
In Para 9 of the MACPS Notification dated 19.05.2009, it is specified 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 from 01/01/2006 to 31/08/2008 and the consequential financial up gradations would be as per the provisions of earlier ACP scheme which would be operational till 31.08.2008. Hence, 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, would have to be granted the financial upgradation 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 other document that contains the obituary of the letter dated 18.05.2009 of the Principal Chief Controller of Accounts, CBEC is their own baby. The Controller General of Accounts, Department of Expenditure, in Office Memorandum No.A-26011/20/ACP/2009MF.CGA(A)/NGE/343 dated 10.06.2009 instructed all Pr.CCAs/CCAs/CAs to follow the modalities for grant of financial upgradation as explained in the OM in Toto.
In other words, the clarification dated 10.06.2009 instructs the field officers not to follow, the modalities of MACPS in parts and their own interpretations such as letter dated 18.05.09, to their convenience, which has no legal sanctity.
Intention of MACPS:
The very intention of MACPS is that an employee who was given financial upgradation under old ACP scheme should not be dumped in a lower pay scale/grade pay than the pay scale/grade pay that is applicable to the next hierarchical post to which the employee was upgraded as a result of ACP. That is why the old ACP has been given effect till 31.08.2008.
Following the Office Memorandum for MACPS in letter and spirit would definitely solve this issue.
The views expressed in this article are those of the author and are not intended to represent the views of GConnect.