Grade Pay of Rs. 5400 to Central Excise Inspectors on completion of 4 years in 7500 scale -Latest Position
Non financial upgradation from GP 4800 to Grade Pay 5400 to Central Excise and Customs Inspectors after 4 years who were granted MACP to Rs. 7500 Pay Scale – Department of Expenditure to consider – Calls for Information
F.No.A-23011/62/2016-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
North Block,New Delhi.
Dated 6th December,2018
To,
Director General
Directorate of Human Resource Development(HRM),
Customs & Central Excise,507,Deep Shikha,
Rajendra Place,New Delhi-110 008
Subject: OA No. 1707/2016 filed by Shri R.K. Tripathi & Ors before Hon’ble CAT PB,New Delhi for grant of non-functional Grade pay of Rs. 5400/- in PB-2 to those Inspectors who were granted Grade Pay of Rs. 4800/-due to ACP/MACP Scheme
Sir,
I am directed to say that as per extant instructions,non functional Grade pay of Rs.5400 in PB-2 (per-revised) is grantedto those Superitendents/ Appraisers who have completed 4 years who was granted Grade pay of Rs. 4800/- Shri M.Subramaniam,the then Inspector who was granted Grade pay of Rs. 4800/-due to ACP scheme, got favorable judgment from the Hon’ble Supreme Court.Review Petition in the said case was also dismissed by the Hon’ble Supreme Court.
2.Consequent upon dismissal of Civil Appeal No.8883/2011 and Review Petition in Civil Appeal filed by UOI by Hon’ble Supreme Court,the judgement of Hon’ble High Court of Madras in M. Subramaniam has been implemented in consultation with D/o Expenditure.
3.Keeping in view a number of similar court cases in different Benches of CAT/Court being decided by CAT/High Court, in favour of petitioners,the matter was examined in the Board and a proposal was referred to D/o Expenditure tp consider extension of the direction of the Hon’ble Court in M. Subramaniam,to all similarly placed officers. Deptt. Of Expenditure vide note dated 12.11.2018 examined the matter and sought following clarifications:-
(i) How many individuals of which posts have been allowed the benefit so far?
(ii) How many similarly placed persons are to be covered in the benefit?
(iii) Whether the similarly placed persons are holder of the same post which was held by the individuals covered in the SLP?
(iv) The financial implications on the benfit already alowed and the estimated fiancial implication on the similarly placed employees?
4.The details sought by D/o Expenditure vide note dated 12.11.2108 needs to be compiled from the Zonal Commissionerates. You are requested to kindly obtain the details/information on the points mentioned above from Zonal Commissionerate, compile it and furnish the same to the Board for taking up the matter with D/o Expenditure. Since a number of court cases are pending in CAT/High Court, it is requested to expedite this exercise and detail/information be made available to the Board, by 20.12.2018.
Yours faithfully,
sd/-
(M.K.Gupta)
Under Secretary to the Government of India
Earlier Govt had taken decision to implement Hon’ble Supreme court order for granting Grade Pay of Rs. 5400 to employees who have completed 4 years in Rs. 7500 scale, only in respect of appellants
F.No.A-23011/05/2009-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs
North Block,New Delhi.
Dated the 31st October, 2018.
To,
Commissioner of Central Goods & Service Tax, No.1, Foulks Compound, Anai Medu,
Salem – 636 001
Subject:-Civil Appeal No. 8883 of 2011 filed by UOI against the Judgement dated 06.09.2010 of the Hon’ble High Court of Judicature at Madras in W.P,. No. 13225 of 2010 filed against the Judgement dated 19.04.2010 of CAT, Chennai in O.A. No. 167 of 2009 filed by Shri M. Subramaniam
Vs. UOI & Ors. – regarding.
Sir,
I am directed to refer to the Board’s letter of even number dated 8th November, 2013(copy enclosed) on the subject mentioned above advising to implement the Order dated 06.09.2010 of the Hon’ble High Court of Madras to the applicant only subject to outcome of the Civil Appeal No. 8883/2011.
2. Civil appeal No. 8883/2011 has been dismissed by the Hon’ble Supreme. Court of India vide order dated 10th October, 2017. The Review Petition No.
2512/2018 in C.A. No. 8883/2011 filed in the matter has also been dismissed by the Hon’ble Supreme Court vide Order dated 23.08.2018. After dismissal of Review Petition, the matter has been examined in the Board in consultation with D/o Expenditure. It has been decided to implement order dated 06.09.2010 of the Hon’ble High Court of Madras in WP. No. 13225 of 2010 in case of M. Subramaniam, in personam. This issues with the approval of Member(Admn), CBIC.
Encl: As above.
Yours faithfully,
(M.K.Gupta)
Under Secretary to the Government of India