ALL INDIA CENTRAL EXCISE INSPECTORS’

ASSOCIATION
15/1 Strand Road, Custom House, M.S.Building, 7th floor, Kolkata-700001
(Affiliated to the Confederation of Central Government Employees & Workers)
Recognised by Ministry of Finance
[vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]
President : Ref. No. AICIEA/CBEC/190/2010 03.12.2010
Arun Zachariah.P To
09447037011
Working President:
Smt. Lalitha John
A.S. Kundu Member (P&V)
09426746721 Central Board of Excise & Customs,
Department of Revenue, Ministry of Finance,
Vice President (NZ): North Block, New Delhi.
Lekh Raj Meena
Vice President (SZ):
N. Venkitakrishnan Sir,
Vice President (WZ): Sub: Grade Pay of Rs. 5400/- to ACP recipient Inspectors – Judgment of
V.K.Tyagi Honourable High Court of Madras in WP 13225/2010 - Reg
Vice President (EZ):
Sanjay Singh
Vice President (CZ):
Ref: 1. Board’s letter F. No. A.26017/98/2008-Ad II A dated 21.11.2008
S.K. Panda 2. Board’s letter F. No. A.26017/98/2008-Ad II A dated 11.02.2009

Secretary General: Consequent to the implementation of the 6th CPC recommendations the
Kousik Roy Government decided to grant a grade pay of Rs. 5400/- in PB-II to Group B
09831007827
Asst. Secy. General:
officers in the Departments of Revenue and Post on completion of 4 years
N. Balraj service in Grade Pay Rs. 4800/-
09849859460
Liaison Secretary: The Board vide letter no. 1 under reference clarified that the 4 years
Shibaji Ch. Nayak period is to be counted with effect from the date on which the officer is placed
09437090969
in the pre-revised pay scale of Rs. 7500-12000 and if an officer has completed 4
Jt. Secretary (NZ): years service on 01.01.2006 or earlier, he will be given the non-functional up-
Aabhay Singh gradation with effect from 01.01.2006. In terms of this clarification, the
Jt. Secretary (SZ): Inspectors who were in receipt of financial up-gradation under the ACP scheme
Shankar Rao started drawing the grade pay of Rs. 5400/- on completion of the residency
Jt. Secretary (WZ):
R.B.Meena period.
Jt. Secretary (EZ):
Pramod K. Dhal The Board vide letter no. 2 under reference issued a further clarification
that the non functional up gradation can be given on completion of 4 years of
regular service in grade pay of Rs. 4800/- in PB-2 (pre-revised scale of Rs. 7500-
Address for
Correspondence: 12000) after regular promotion and not on account of financial up gradation due
Block-‘B’ Flat No. 301 to ACP.
68, Shibpur Road, Immediately on issuance of letter no. 2 under reference, we had
Shibpur, Mandirtala, represented to the Board inter alia pointing out that the Board’s letter has
Howrah-711102 been issued on erroneous premises since –
Phone :
03322420693
Cell : i) The Government of India resolution No. 1/1/2008 IC dated
09831007827 29.08.2008 does not make a categorization within the Group B
cadres in Departments of Revenue and Post for the purpose of
E.Mail: grant of Grade Pay of Rs. 5400/-
sgaiceia@gmail.com,
roy.kousik@rediffmail. ii) In terms of the ACP Scheme notified by DOPT vide Office
com Memorandum No.35034/1/97-Estt(D) dated 09.08.1999, the
arun_zach@yahoo.co financial up-gradation under the scheme should be granted to the
m pay scale of the next hierarchical cadre.
iii) Board vide F. No. A.32011/8/98 – Ad III A dated 23.08.1999 has
Web Page :
www.aiceia.blogspot.c specified that the 1st Financial Up gradation under the ACP Scheme
om to the Inspectors of Central Excise would be to the pay scale of
Superintendent of Central Excise
 ALL INDIA CENTRAL EXCISE INSPECTORS’
ASSOCIATION
15/1 Strand Road, Custom House, M.S.Building, 7th floor, Kolkata-700001
(Affiliated to the Confederation of Central Government Employees & Workers)
Recognised by Ministry of Finance
[vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]
President : iv) Consequent to the implementation of the 6th CPC
Arun Zachariah.P recommendations the pay scale for the post of Superintendent of
09447037011
Working President: Central Excise has been upgraded to Rs. 7500-12000/ 8000-13500
A.S. Kundu (after 4 years) corresponding to the Grade Pay of Rs. 4800/- and
09426746721 Rs. 5400/- in the Revised Pay Structure and hence the same
would be the pay scale to be granted to the ACP recipient
Vice President (NZ): Inspectors.
Lekh Raj Meena
Vice President (SZ): v) In terms of DOPT OM No.35034/3/2008-Estt. (D) dated 19.05.2009
N. Venkitakrishnan with regard to the Modified ACP Scheme (in Paragraph 6.2 of the
Vice President (WZ): Annexure) it is specified that “In cases where financial up
V.K.Tyagi gradation had been granted to Government servants in the next
Vice President (EZ): higher scale in the hierarchy of their cadre as per the provisions
Sanjay Singh
Vice President (CZ): of the ACP Scheme of August, 1999, but whereas as a result of the
S.K. Panda implementation of Sixth CPC’s recommendations, the next higher
post in the hierarchy of the cadre has been upgraded by granting
Secretary General: a higher grade pay, the pay of such employees in the revised pay
Kousik Roy structure will be fixed with reference to the higher grade pay
09831007827
Asst. Secy. General: granted to the post.”
N. Balraj vi) The Section II of Part C to Schedule I of CCS (RP) Rules, 2008 give
09849859460 the list of posts to which a higher replacement scale has been
Liaison Secretary: granted and the post of Superintendent is included. In that list
Shibaji Ch. Nayak the existing pay of Superintendent is shown as Rs. 7500-12000 and
09437090969
the Revised Scale is shown as Rs. 7500-12000 and Rs. 8000-13500
Jt. Secretary (NZ): after 4 years.
Aabhay Singh vii) From the foregoing submissions it is unambiguously clear that the
Jt. Secretary (SZ): Inspectors who received the Financial up gradation under the
Shankar Rao ACP scheme are to be placed in the pre-revised pay scale of Rs.
Jt. Secretary (WZ):
R.B.Meena 7500-12000 and Rs. 8000-13500 after 4 years corresponding to the
Jt. Secretary (EZ): Grade Pay of Rs. 4800/5400(PB2) in the revised pay structure.
Pramod H. Dhal viii) Any clarification with regard to ACP Scheme has to be issued by
the DOPT and the Department of Expenditure is not competent to
Address for
clarify.
Correspondence:
Block-‘B’ Flat No. 301
68, Shibpur Road, The representation as stated above submitted by this association still
Shibpur, Mandirtala, remains indisposed.
Howrah-711102 Meanwhile, Shri. M. Subramanian, Inspector of Central Excise, Salem
Phone : 03322420693
Commissionerate filed an OA before Central Administrative Tribunal (Chennai
Cell : 09831007827
Bench) seeking to quash the letter no. 2 under reference and for a declaration
E.Mail: that ACP recipient Inspector is entitled for grant of Grade Pay of Rs. 5400/- on
sgaiceia@gmail.com, completion of 4 years service. The said OA was dismissed and the applicant
roy.kousik@rediffmail.c challenged the order of CAT before the High Court of Madras by WP No.
om
13225/2010 and the petition has been allowed by judgment dated 06.09.2010.
arun_zach@yahoo.com
(Copy enclosed) by holding that the petitioner is entitled to receive the Grade
Web Page : Pay of Rs. 5400/- from the date on which he has completed 4 years in the pre-
www.aiceia.blogspot.co revised pay scale of Rs. 7500-12000.
m
 ALL INDIA CENTRAL EXCISE INSPECTORS’
ASSOCIATION
15/1 Strand Road, Custom House, M.S.Building, 7th floor, Kolkata-700001
(Affiliated to the Confederation of Central Government Employees & Workers)
Recognised by Ministry of Finance
[vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]
President :
Arun Zachariah.P
09447037011
Working President: It is respectfully submitted the judgment of the Honourable High Court
A.S. Kundu of Madras has vindicated the contentions put forth by this Association. The
09426746721 concept of the financial up-gradation involving the mere placement in the
higher pay scale on personal basis is founded on the fact that the said person,
Vice President (NZ): though qualified to be promoted or granted the higher scale of pay is not
Lekh Raj Meena
Vice President (SZ): getting that benefit for lack of space in the higher tier and is therefore,
N. Venkitakrishnan stagnating. The Inspectors in receipt of financial up-gradation under the ACP
Vice President (WZ): scheme are qualified in all respects for promotion to the higher post of
V.K.Tyagi Superintendent of Central Excise, immediately on completing the required
Vice President (EZ): qualifying service of 8 years. They are not promoted only due to non-
Sanjay Singh
Vice President (CZ): availability of vacancies in the higher post. The 1999 ACP scheme was
S.K. Panda introduced to provide solace to employees like Inspectors of Central Excise
who are stagnating for no fault of theirs. The letter no. 2 under reference
Secretary General: seeks to penalize Inspectors of Central Excise since they are stagnating.
Kousik Roy
09831007827
Asst. Secy. General: It is well known that among the three non-gazetted Group B executive
N. Balraj cadres in CBEC recruited through a common examination, the Inspectors of
09849859460 Central Excise is the only cadre who remain in the entry level for more than
Liaison Secretary: twice the qualifying service required for promotion and the other two cadres
Shibaji Ch. Nayak get their promotion within 3 to 8 years from entry. The resentment and
09437090969
demoralization on this account can be removed at least to a certain extent if
Jt. Secretary (NZ): the Inspectors of Central Excise are compensated financially.
Aabhay Singh
Jt. Secretary (SZ): In these circumstances I request the Board to accept the judgment dated
Shankar Rao 06.09.2010 of the Honourable High Court of Madras in WP No. 13225/2010 without
Jt. Secretary (WZ): dragging the matter further and extent the benefit to all Inspectors and give some respite
R.B.Meena to the stagnating cadre of Inspectors of Central Excise.
Jt. Secretary (EZ):
Pramod H. Dhal

Address for Thanking You,

Correspondence:
Block-‘B’ Flat No. 301 Dated 03.12.2010 Yours faithfully
68, Shibpur Road,
Shibpur, Mandirtala,
Howrah-711102
Phone : 03322420693 KOUSIK ROY
Cell : 09831007827 SECRETARY GENERAL
E.Mail:
sgaiceia@gmail.com,
roy.kousik@rediffmail.c
om
arun_zach@yahoo.com

Web Page :
www.aiceia.blogspot.co
m