Grade pay of Rs.5400 to ACP Inspectors of Central Excise

Tuesday, February 3, 2009
This article is posted in 6CPC Matters category and has 27 Comments so far.

As per CCS (Revised Pay) Rules 2008, Superintendents, Appraisers (Customs and Central Excise) who are in the pre-revised scale of Rs.7500-12000 are entitled for the Grade pay of Rs.5400 in PB-2 corresponding to pre-revised scale of Rs.8000-12500, after 4 years of service. However, this statute was interpreted by many of the Administrative and Pay and accounts authorities to the effect that the officer concerned should have served 4 years in the grade pay of Rs.4800/ for getting the grade pay of Rs.5400. In fact, this interpretation impeded the intention of the Govt to grant non-functional financial upgradation to the Group B Officers after 4 years of service. Going by the interpretation of the administration, none of the superintendents / Appraisers would be eligible for the revised grade pay Rs.5400 till 1.1.2010.

Later, it was rightly clarified by the Ministry of Finance in consultation with Department of Expenditure in the letter dated 21.11.08 (F.No: A.26017/98/2008-Ad-IIA) to all Chief Commissioners of Customs and Central Excise that the 4 year period is to be counted with effect from the date on which an officer is placed in the pay scale of Rs.7500-12,000 (pre-revised).

Obviously, the Inspectors of Customs and Central Excise / Examiners / Preventive Officers who have been given the non-functional upgradation to the grade of Superintendents / Appraisers under Assured Career Program (ACP) prior to April 2004 would also be covered by this order as they are in the pay scale of Rs.7500-12000 since April 2004 and are entitled for all non-functional financial benefits allowed to the grade viz., Superintendents / Appraisers, in which they have been placed as per the provisions of ACP. But somehow in many of the Commissionerates throughout India, the clarification issued by the Ministry of Finance on 21.11.2008 was again misunderstood and ACP Inspectors who have completed 4 years as on April 2008 were ignored while granting grade pay of Rs.5400/- to the Superintendents/Appraisers.

However, in some Commissionerates, Ministry’s clarification dated 21.11.2008 was correctly understood and ACP Inspectors who have completed 4 years as on April 2008 have also been granted the grade pay of Rs.5400/-.

Now, the Chief Commissioner of Central Excise in charge of Jaipur Central Excise Commissionerate, one of the Commissionerates where the grade pay of Rs.5400 was denied to eligible ACP Inspectors earlier, has now come up with a categorical clarification (dated 30.1.2009) that the ACP Inspectors who have completed 4 years of service as on April 2004 are also eligible for the grade pay of Rs.5400.

This is the Order dated 30.1.2009 of the Chief Commissioner, Jaipur Zone.

We hope this order will be an eye opener to the administration in the other places also where this non-functional financial upgradation is being denied despite the clear cut clarification from the Ministry


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27 Responses to “Grade pay of Rs.5400 to ACP Inspectors of Central Excise”

  1. V. SIVAKUMAR said on Tuesday, February 3, 2009, 21:02

    Sir,

    The process regarding grant of 5400 grade pay for ACP Inspectors has not yet started so far in Chennai Zone. Can any officer in other zones such as Coimbatore, Kerala, Bangalore or Hyderabad enlighten the position prevailing there? Should not the All India Central Excise Inspectors Association request the Board to issue early instructions in this regard?

    Reply

  2. davis said on Wednesday, February 4, 2009, 15:05

    Happy to note that at least some commissionerates have granted the same.Still no decision is seen taken by these southern commissionerates in the matter.
    It is really heartbreaking to learn that some of our collegues who are enjoying the functional position are taking some move at the Board level or so against granting g.p 5400/- to acp inspectors.many have voiced such views in this forum also. This GP 5400/- is a rare consolation to the persons who are waiting for long 18-20 years or more for their first promortion in this cadre.So our humble request is to please abstain from such move,if any,and try to help this hapless lot in the possible way with a humanitarian consideration.

    Reply

  3. arun singh said on Friday, February 6, 2009, 11:45

    It is ironical that despite the clarification dated 21.11.2008 regarding grade pay of Rs. 5400/- to Central Excise Inspectors who have been awarded ACP some commissionerates like Kanpur have not given the benefit to officers working in their jurisdiction. Rather they have sought clarification on ‘clarification dt. 21.11.2008′ without applying their mind. This is ridiculous.The jurisdictional Commissioners should look into the matter & grant due benefits to the officers.

    Reply

  4. RAJENDRAN .C said on Saturday, February 7, 2009, 21:13

    SIR I AM WORKING CENTRAL GOVT EMPLOYEE IN THE I & B DEPOT WITH BASIC PAY OF RS-7500-12000 group B POST. AND I HAVE COMPLETED MORE THEN 4 YEARS IN THE SAME POST WILL I GET THE GP RS=5400 KINDLY TELL ME

    Reply

  5. c.siva said on Monday, February 9, 2009, 11:39

    yes its ridiculous.If the intention was otherwise,defenitly the Board would have come with another clarification by now.

    Reply

  6. g sivakumar said on Monday, February 9, 2009, 22:51

    The PAO s are strongly opposing the move to grant 5400 gp to insprs as they are not functional supdt as mentioned in the 6th cpc,though it is amply clarified in the clarification dt 21.11.2008.It is a pity that we are the mercy of these people for every thing .we need more clearer memo from the CBEC

    Reply

  7. Krishnan said on Tuesday, February 10, 2009, 14:08

    A new clarification has come from AD II section of CBEC. In response to a RTI application, they have said that the 5400 gp is eligeble only for Superintendents working continously for 4 years in that grade. They have clearly stated that ACP inspectors are not eligeble for the 5400 grade pay.

    I am working as Inspector (1993 direct recruit with ACP in 2005) in Mysore Commissionarate.

    Reply

  8. roy said on Wednesday, February 11, 2009, 11:02

    yes,we must

    Reply

  9. davis said on Wednesday, February 11, 2009, 12:25

    That’s hurting. “From him who has not, even what he has will be taken away”- This is a quote from the holy Bible. Though the context and meaning was something different, in plain literary meaning this is correct in our case.
    The RT I clarification from the Expenditure section of DOPT or the RTI clarification from the Exp. section, CBEC, which one stands good? i wonder!. It is a pity that the CBEC has not bothered to issue any circular in spite of all the hues and cries. At least the CBEC should have shown the decency to issue the clarification long back.
    Any how this is total injustice and against the principles of ACP scheme. So I request all affected, (in fact this will affect all the Inspectors now or later), to challenge this order of the CBEC in CAT to get it squashed.

    Reply

  10. S.A. MADHU said on Thursday, February 12, 2009, 13:18

    Yes Mr. Devis yor are 100% correct.

    Reply

  11. Jeevan Bangalore said on Friday, February 13, 2009, 17:25

    Obviously, people are mixing up 2 separate definitions of non-functional upgradation with ACP (which is only financial upgradation). Hence, Inspectors with ACP (financial upgradation) will not get non-functional upgradation since this is given to the post of Superintendents with 4 years regular service (in Supdt. post) in the scale of 7500-12000 (pre-revised)

    Reply

  12. Tapan Ray said on Friday, February 20, 2009, 11:07

    CBEC revised its own clarification. The two clarifications are just the opposite side of a single coin but still the junior officers and senior Board members coexist. we should protest against the tughlaqi style of functioning of Board members and chairman and obtain grade pay of Rs.5400/-.

    Reply

  13. as erady said on Thursday, February 26, 2009, 13:45

    the matter ended in the expected way- the Board denied the benefits- A new year gift from board

    Reply

  14. p.k.jain said on Monday, March 30, 2009, 17:28

    sir I was promoted as sr. audit officer on 1-1-09 in the pay band of rs.15600-39100 with grade pay of rs 5400/-previously i was audit officer in the p.b 9300-34800. sir i did not get the 3% increment due on promotion on the plea that instructions are awaited from govt.i just want to know whether the clarifications have been issued by the govt.

    Reply

  15. Govardhana rao said on Sunday, April 12, 2009, 15:44

    Dear one & all,

    Who will BELL THE CAT. Our Association is making an effort which has not yielded any fruitful Effort.
    They Should have changed their strategy. Altogether a different approach is needed. They should also keep CBEC under pressure. They should get the details of what happened to different cadres who are like wise benefited. Like
    1. Section officer /PS/equivalent of Staff in the secretariat.
    2. Assistant Nursing Superintendent, Deputy Nursing Superintendent and nursing Superintendent of Nursing and para medical staff.
    3. Post Graduate Teacher, Vice Principal of Teachers.
    4. Audit / Accounts officer of Organised Accounts Cadres.
    5. Master Gazetted in military Schools of Ministry of defense, Department of defense.
    6. Section Officer (excluded) of Ministry of finance Department of Economic affairs.
    7. Entry Grade in DANICS DANIPS, Pondicherry Civil service and Pondicherry Police Service.
    8. Senior divisional Accounts officer in Indian Audit Accounts Department.
    Whether department of expenditure has taken a similar view or a different view. If the view is different we can en cash on the same.
    Hope our association or any other like minded comred will take initiative & will find what is needed.
    With Regards,
    Govardhana Rao

    Reply

  16. Rosy joseph pullan said on Tuesday, June 2, 2009, 18:44

    I am a Public Health Nurse working with Ministry of Health & Family Welfare, office at Mumbai. Joined in may 1998 , pay of 5500-175-9000, as per the sixth cpc gone to the pay scale of 14130 /- with the grade pay of 4800/-. what would be my grade pay as i am due for my first ACP . i suppose it would be as per the pay fixation done for nurses in the sioxth CPC.

    Reply

  17. ameika said on Monday, July 20, 2009, 16:28

    sir, Regarding MACP, the 1st ACP Grade Pay of Inspectors will be 4600.00 , then what will the next Grade pay if the person don’t get promotion even after 20 years?

    Reply

  18. Tapan Ray said on Tuesday, July 21, 2009, 22:45

    Board members should step down for the ugly decision they have taken for the ACP Inspectors. I want their resignation.

    Reply

  19. JOHN said on Thursday, July 23, 2009, 13:36

    It is serious misintrepretation of CBEC’s Clarification dated 21.11.2008. It only clarified about the date of grant of non-functional scale. No where in the circular it is clarified that Inspectors in the scale of Rs.7500-12000/- will be granted NF scale on completion of 4 years in the scale. The letter dated 21.11.2008 only refers to the Resolution which is not the rule. We have to follow CCS(RP)Rules, 2008. Only INcome Tax Officers/Supdts. Appraisers etc. in the grade of 7500-12000 will get NF scale on completion of 4 years. Jaipur Commissionerate’s letter dated 30.01.2009 is absolutely wrong.

    Reply

  20. Deepak Joshi said on Wednesday, October 28, 2009, 15:17

    Sir,

    I was appointed in a department under Government of India at the age of 12 year i.e. in June, 1981 on regular basis. I was promoted to the post of Jr. clerk on 29 September, 1990 after passing the departmental test. I got next promotion on adhoc basis in May, 2006. As per provisions of ACP the second financial upgradation is allowed after 24 years of regular services whereas I have completed 24 years of regular service in the year 2005 (i.e. in June, 2005) and as per provision of the ACP scheme I am eligible for second financial upgradation. However my department has not granted the second financial upgradation saying that the service rendered before attaining the age of 18 years cannot be treated as regular service whereas this provision is not contained any where in the ACP scheme of the Govt. of India. I shall be obliged if the position is clairified.

    Thanks!

    Deepak Joshi

    Reply

  21. Sonjoy Banerjee said on Thursday, November 12, 2009, 14:50

    Regarding grant of grade pay of Rs.5400 to Income Tax Officers, it is unclear who will issue the necessary orders [indicating the entitled officeers] for those persons who are presently out on deputation outside their cadre. Normally, such kind of orders are issued by the parent cadre. However, Commissionerate of IT, Jaipur is not issuing any order in respect of officers who are presently outside the cadre. PAOs are insisting on issue of orders by the parent cadre before allowing the enhanced grade pay. In the absence of such order, the officers are unnecessarily being denied their entitlements. I would be grateful if necessarily clarification is provided at an early date.

    Reply

  22. Kurian Oommen said on Wednesday, January 20, 2010, 10:32

    I joined as Inspector on 24.0.1974 and got two promotios. I got my Group A promotion in January 2997. Druing implementation of 6th pay commission recommendation my salary was fied under Payband-3 but later on on objection of the PAO it was refixed at Payband 2. While Group B my salary would have been under PB-2 from JANUARY 2006 and on my promotion it should have been under PB-3. Whether I am eligible for the fixation when the pay band chaged as per Rule 13 of revised pay rules and whether I am eligible for the grade pay of Rs.6600-

    Reply

    admin Reply:

    @Kurian Oommen
    please refer the following GConnect Article on clarfication issued by Govt on MACP recently. Clarification 7 will be applicable in your case

    Reply

  23. Kurian Oommen said on Wednesday, January 20, 2010, 10:45

    Please read the date of promotion to group A as January 2007.

    Reply

  24. K.RAMALINGAM said on Wednesday, January 27, 2010, 23:41

    SIR I have joined as pharmacist at CGHS in the month of may 1978 on adhocbasis and my service has been regularised w.e.f may 1979.After completion of 24years of service I availed 2nd. financial upgradation in the scale of Rs6500-200-10500 which was the scale of post of ADM on heirarchy prior to 6th CPC and its grade pay isalso increased from 4200to4600 subsquently/ .As a result of implemendation of MACP what would be my GRADE PAY and GRADE PAY while implementing my 3rd financial upgradation under MACP scheme

    Reply

  25. KVN GIridhar said on Tuesday, February 2, 2010, 12:54

    Sir, what is present status of granting 5400/- to officers who got 4800/- in ACP? Please post latest developments or mail me. Thank u in anticipation
    ..Giridhar..

    Reply

  26. Dilip dewangan said on Wednesday, February 3, 2010, 15:32

    Sir All the caders except PB-4 has been granted multiplication factor of 1.86 for the purpose of calculation of Basic Pay. PB-4 Officers have been given the multiiplication factor of 2.66. Kindly clarify whether there is any proposal to equalise the employees of PB-1, PB-2 and PB-3 at par with PB-4.

    Reply

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