ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
Ref. No. 206/11 Dt.17.11.11 REMINDER
Sh. S. K. Goel,
North Block, New Delhi.
Sub: Stepping up of pay of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.
Kindly refer to the Ref. No. 171/11 Dt.21.09.11 of the Association and also- i) Judgement dt. 19.01.10 of the Hon’ble CAT of Chandigarh in O.A. No. 156-JK-2009. ii) Judgment dt. 23.07.10 of the Hon’ble High Court of Punjab & Haryana in CWP No. 12894/10. iii) Judgment dt. 02.05.11 of the Hon’ble Supreme Court of India in SLP(C) No. CC 7278/11.
2. The copies of all of the above judgments have already been supplied with the above referred communication of the Association.
3. It is further submitted with due regards that the Hon’ble Courts have ruled to step up the pay of the seniors (whether promotee or direct) in all of the above referred judgments, if any junior is drawing higher pay than his/her senior on account of ACP up gradation. Sh. Ashok Kumar filed the O.A. No. 156-JK-2009 in the Hon’ble CAT of Chandigarh. The CAT ordered in his favour directing the government to step up his pay at par with the junior drawing more pay than him on account of ACP up gradation. Sh. Ashok Kumar is a promotee officer and has got 3 promotions after initial joining as LDC. His direct recruit junior counterpart was drawing more pay than him.
4. The government filed the CWP No. 12894/10 in the Hon’ble High Court of Punjab & Haryana against the judgment of the Hon’ble CAT but it was dismissed. The government further filed the SLP(C) No. CC 7278/11 in the Hon’ble Supreme Court of India but it was also dismissed.
5. In view of the above, it is requested that the necessary directions may kindly be issued to all the field formations to step up the pay of the senior officer/s whether promotee or direct, if any of their juniors is drawing more pay on account of ACP/MACP up gradation/s.
Copy with the request for necessary action to-
1) The Member (P&V), CBEC, North Block, New Delhi.
2) The Joint Secretary (Admn), CBEC, North Block, New Delhi.