One another jolt to the ACP Inspectors of Central Excise
ACP Inspectors have been rightly granted Grade pay of Rs. 4800 in some Central Excise and Customs Commissionerates and in some others PAOs have objected to it. In those Commissionerates ACP Inspectors are granted grade pay of Rs. 4600 by citing 6CPC Resolution dated 29.08.08.
This issue has already received much attention and threadbare discussions are going on. Clarification under RTI were already sought. Though the said RTI query categorically seeks clarification about the grade pay for the ACP Inspectors, the reply is not straight as usual. It quotes just the clarification 2 of OM dated 13/9/08 .
To add to the woes of Inspector cadre in this issue, instructions have been issued to all PAOs by Principal Chief Controller of Accounts CBEC, New Delhi in his letter dated 18/05/2009.
“Various references have been received in this office from field PAOs 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 1/1/06 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 CPC. 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 introduced w.e.f 1/1/06, Inspector who are given ACP on or after 1/1/06 would be placed in the pay scale of Rs.7450-11500, correspondingly in the pay band Rs. 9300-34800+ GP Rs.4600/- . Only on regular promotion as Superintendent their pay will be fixed in the pay band 9300-34800+4800 ( 7500-12000 pre revised)”
The above instruction is totally contrary to the RTI reply and the Original ACP Order and even the MACP Order.
OM A/26017/98/2008 ad II A CBEC dated 11/02/2009 in para 4 says “ Thus it is clear that the officers who got the pre revised scale of 7500-12000 (corresponding GP of Rs.4800/-) by virtue of Financial upgradation under ACP will not entitiled to the benefit of further non functional upgradation to the pre revised scale of 800-13500 (corresponding GP of Rs. 5400) on completion of 4 years in the pre revised scale of Rs.7500-12000.” Impliedly DOPT and CBEC concur that Officers who got ACP to the Pre-revised scale of Rs.7500-12000 will get corresponding Grade pay of Rs.4800/-.
As per the condition No: 7 of Annexure-I to Original ACP order dated 9.8.99, which was in force up to 31/08/2008 Financial upgradation as per ACP scheme shall be granted to the next higher grade in accordance with the existing hierarchy in a cadre/category of posts without creating new posts for the purpose
The clarification received from DOPT communicated to all the cadre controlling authorities by CBEC on 24/12/08 instructs to process the ACP cases falling due/maturing upto 31/08/2008 as per the existing guidelines contained in DOPT OM 35034/1/97 Estt (D) dated 09/08/99. Regarding the ACP cases falling due/maturing on or after 01/09/2008 the same has to be kept on hold till the issue of MACP
Para 9 of MACP dated 19/05/2009 read with para 6.2 of MACP- Annexure also categorically states that the provisions of ACPS (old ACP Scheme) holds good for granting ACP up to 31/08/2008. In other words the grant of financial upgradation to the next hierarchical grade pay is applicable only from 1.9.2008, the date on which MACP comes in to force.
We can not solve this issue by piling up arguments which will be of no use. Instead, immediate upgradation of Rs.6500-10000 scale ( GP 4200 ) to 7450 – 11500 ( 4600) in accordance with Part B of the 6 CPC Notification could resolve this issue. Inspectors will be placed in the GP of 4600 w.e.f. 1.1.06 and upon grant of ACP they will be placed in the next higher Grade Pay of Rs.4800 naturally and thre may not be any room for any misinterpretation.
All the other Departments where such upgradation has been proposed by 6 CPC was implemented already . Why CBEC is taking this much time for implementing the Part B of 6 CPC Notification for Inspectors of Central Excise?
The issue relating to upgradation of merged posts which carried pre-revised scales of Rs.5000, Rs.5500, Rs.6500 and Rs.7450 should also be resolved rightly without any further loss of time, so that implementation of MACP to the large stagnated cadres of AOs, DOSs. and Inspectors could be done concomitantly .
This article is written by Mr.K.Lakshmi Narayanan, Deputy Office Superintendent, Central Excise, Salem