F. No.A-26017/62/2016-Ad.IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes& Customs

North Block, New Delhi,
Dated the 27th April, 2022

To,

All Cadre Controlling Authorities under CBIC

Subject: Implementation of court orders for grant of NFSG on the basis of judgment of Hon’ble High Court of Madras in WP No. 13225/2010 (Subramaniam Case)- regarding

Sir,

Please refer to Board’s letter dated 27th April,2022 on the subject mentioned above.

2. The matter has been referred to Department of Expenditure for advice. Now, Department of Expenditure has requested vide OM dated 6.5.2022 (copy enclosed) to furnish the latest status of all pending/implemented court cases in details and updated financial implication involved till date as per the prescribed proforma attached in Annexure-I.

3. All Cadre Controlling of CGST/Custom are requested to provide the details of cases in the prescribed proforma to Board on priority.

Encl- As above.

Yours faithfully,

(Avneesh Pratap Singh)
Under Secretary to the Government of India.

Source: www.cbic.gov.in

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MACP for the Central Government Employees

IF. No. A-26017/04/2022-Ad.HA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

North Block. New Delhi
Date: 24 January, 2022

To,

All CGST & Central Excise/ Customs Zones/ Directorates
Under CBIC

Subject: Waiver of recovery on account of withdrawal of 3rd MACP in the GP of Rs.6600/- granted to various officers – Reg.

Sir/Madam,

I am directed to say that the Board has been receiving proposals from different Zones regarding waiver of recovery on account of withdrawal of 3 MACP in the GP of Rs.6600/-. One such proposal was forwarded to Department of Expenditure. Department of Expenditure, vide ID No. 09(01)/2019- E.I(A) dated 26.11.2021 (copy enclosed) has requested to send a consolidated proposal for all such officers/ officials of CGST & Central Excise/ Customs Zones/ Directorates under CBIC, for consideration of overpayment made due to overlapping DOP&T’s instructions dated 05.05.2015 and 02.06.2016.

2. Therefore, it is requested to submit consolidated proposals in this regard in respect of all officers in your Zone whose cases fall under the purview of DOP&T O.M. No. 18/03/2015 dated 02.03.2016 for obtaining express approval of Department of Expenditure.

3, It is also requested to submit the consolidated proposals in a soft copy at the email id- avneesnpratap.singh [at]gov.in along with hard copy containing consolidated service details i.e. date of joining with designation and pay scale, promotions granted with posts/pay scales, grant of NFU/ financial upgradations/ ACP/ MACP, date of superannuation etc, all pay fixation orders including revised pay fixation order. if any. calculation sheets indicating the total recovery made due to wrong fixation of pay and other relevant documentary evidences on the matter in respect of each individual officer at the earliest.

4. In addition to above, kindly furnish the following information along with your consolidated proposal:

(i) details of responsibility fixed on the erring staff accountable for lapse, if any.
(ii) please indicate whether there is any nature of hardship in the recovery.
(iii) how and when the wrong fixation came into light.
(iv) Certificate that the loss does not disclose a defect in rules or procedure,. the amendment of which requires the orders of the higher authority or this Ministry and that there has not been any serious negligence on the part of any Government servant which may call for disciplinary action by a higher authority.

Encl: As above.

Yours faithfully,

(Avneesh Pratap Singh)
Under Secretary to the Government of India

A-26017/121/2021 -Ad.IIA

2444547/2021/ Ad-IIA Section

Government of India
Ministry of Finance
Department of Expenditure
E.I(A) Branch

Reference: Note 13 to 19 of D/o Revenue’s Electronic File No. A26017/32/2019-Ad.IIA (300416799)

Department of Revenue may refer to their proposal seeking approval of this Department for waiver of recovery of excess pay and allowances of Rs.16,83,284/- made to 8 retired Assistant Commissioners of CGST, Chandigarh Zone, consequent to wrongful grant of financial upgradation.

2. The proposal has been examined. It is stated that this Department has received multiple proposals from D/o Revenue wherein overpayments to the Officials have been made due to overlapping DoP&T’s instructions dated 05.05.2015 and 02.06.2016. In view of this, DoR is requested to send a consolidated proposal for all such officers for consideration of waiver of overpayment as a result of withdrawal MACP based on DoP&T’s guidelines dated 02.06.2016, with the approval of Revenue Secretary.

(Sunil Kumar)
Under Secretary, E.II(A)

AS&FA (Finance), D/o Revenue
M/o Finance (D/o Exp.) 1.D. No.09(01)/2019- E.1I(A) Dated 26.11.2021

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Most Urgent / Contempt Petition Matter

No.C-18013/25/2009-Ad.IIIB
Government of India
Central Board of Indirect Taxes & Customs
***

New Delhi, Dated February 24th 2021

To
Cadre Controlling Authorities under CBIC.
(Kind Attention: In Charge PCC/CC of the CCAs)

Subject: Madras High Court’s Order dated 19.07.2011 in respect of Rita Mary and others-Reg.

Undersigned has been directed to refer to the subject mentioned above and state as follows:

1. It may be recalled that as part of the Government policy to govern and then impose a ban on the engagement of casual workers on daily wages, DoPT vide it’s OMs issued in 1993 and 2006 issued guidelines for regularisation of existing Casual Labourers. The exercise of regularisation in terms of these OMs was effected by formations CBIC from time to time, while also emphasizing strict adherence by field formations to Government’s policy in this regard. A copy of Board’s letter No.A-12034/1/2005-Ad.IIIB 02.05.2005, is herein enclosed for ready reference.

2. However, Madras High court, vide common order dated 19.07.2011, directed CBIC to frame a similar scheme like that of DoPT OM dated 10.09.93, to provide an opportunity to regularise certain Part Time Casual Labourers (PT CLs) subject to eligibility. Having implemented the orders, yet in view of the dismissal of further appeals in Supreme Court, a scheme titled “Part-Time Casual Labourers (Regularisation) Scheme of CBIC 2020” dated 01.01.2020 with partial modifications dated 06.02.2020 (copy enclosed) was framed and extended to respondents / petitioners covered under 5 WPs (WP No. 16733/2009, 16889 / 2009, 11492/2006, 18969 / 2006 and 20664/2011). This was framed as a one-time scheme limited only to the respondents / petitioners covered under above mentioned 5 WPs.

MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

3. Now in view of court directions in another set of 18 WPs filed in Madras High court and contempt petitions filed on the issue, information is urgently required (in the enclosed proforma) regarding Part Time CLs, who have claimed regularization and who fulfil conditions as prescribed. The data in the proforma enclosed should be furnished after duly verifying the eligibility of the claimants, along with certificate regarding correctness of details /documents relied upon and copies of supporting documents.

4. For any eligible Part Time CLs left out, after this exercise, the concerned CCA, will be held responsible for consequential action.

5. Information / data in enclosed proforma is required to be sent to Board within 15 days from the issuance of this letter, including a nil report in case there are no such part time CLs under the CCA.

6. This issues with the approval of Member (Admin)

Encl: As above

Yours faithfully,

(RK Jha)
Deputy Secretary to Government

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F.No.A.12012/ 8/ 2020-Ad.III.B
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

Gr. Floor, Hudco Vishal Building ,
Bhikaji Cama Place, RK Puram, New Delhi-66,
Dated: 14.12.2020

To

The All Cadre Controlling Authorities
Under CBIC (through CBIC’s website)

Subject: Scheme for compassionate appointment – Relative merit point & revised procedure for selection / Tie breaking formula – reg.

Sir/ Madam ,

Please refer to Board’s letter F.No.A.12012/52/2018-Ad.III B dated 15th May, 2019 wherein a standard operating procedure based on a 100-point scale was circulated for compassionate appointment to ensure transparency and maintain uniformity and to avoid litigation in the selection process.

2. It has been reported to the Board by one CCA that while applying 100 points scale parameters, as mentioned in SOP, some candidates have equal marks in merit and Cadre Controlling Authority is unable to decide the merit of such The matter of tie of marks secured by some candidates has been deliberated in the Board to resolve such situation.

3. After examination the issue in detail, it has been decided that the tie breaking factor can be per dependent available  income i.e. total of first  three  financial parameters prescribed in SOP   (Pension­ annualised,   total   terminal   benefits and   annual   income   of earning members and income from property) divided by total   number of dependants  (spouse,  parents,  dependent  married / unmarried / widowed /divorced daughters, dependent minor children of deceased Government Servant OR dependent sister(s)/ brother(s) of an unmarried deceased Government Servant, unmarried major son below 25 years & dependant major sons who are physically / mentally  challenged) . The lesser the per dependent available income, the  higher  the  rank amongst the applicants whose scores had a tie.

4. In case of tie even after applying the factor of per dependent available income, then the left-over service of Government  Servan t can be This is suggested as it is felt that longer the  left-over service of the deceased, the more is the impact on the family. Applicants related to Government  servant with  higher  left-over  service would be considered over the one with lesser left-over service.  In case of tie even then, the next factor can be No. of physically /mentally challenged dependents & unmarried /divorced daughter(s). In case of tie even then, the next factor can be age of the applicant, with  elder applicants given preference.

Reservation in Appointment on Compassionate Ground Group ‘C’ posts

5. The tie breaking factor(s) in the order indicated above, should be used only to decide relative merit of the applicants scoring same points on 100-point scale and only if the applicants scoring same points cannot be accommodated against available All the above details are already included in the SOP and hence would be readily available with CCAs in case of a tie.

6. Apart from this while deciding the tie breaking factors as mentioned in the preceding paras, based on suggestions received from some Cadre Controlling Authorities, the entries made at point N 7 & 8 in 100-point scale of SOP issued vide letter No. A.12012 / 52/ 2018- Ad.IIIB dated 15.09.2019 shall be substituted by the following entries;

(7) ”Dependent married / unmarried / widowed / divorced daughters of deceased Government Servant”

(8). “Dependent minor children of deceased Government Servant OR dependent sister(s) / brother(s) of an unmarried deceased Government  Servant”

7. The other contents mentioned in original SOP issued vide letter A.12012 / 52 / 2018-Ad.IIIB dated 15.05.2019 will  remain unchanged. Henceforth, all the concerned are advised to strictly follow weightage points system keeping in view instructions of DoPT & Board issued from time to time.

8. This issued with the approval of Chairman (CBIC).

Yours faithfully,

(Mohammad Ashif)
Under Secretary to the Govt. of India

Source: CBIC

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F.No. A-32018/13/2019-Ad.IILA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

4th Floor, Hudco Vishala Building,
Bhikaji Cama Place, R.K. Puram,
New Delhi, dated 9th October, 2020

To,
All Cadre Controlling Authorities under CBIC
The Director General, NACIN

Subject: Monitoring the performance of freshly recruited officers who are on probation period – reg.

Sir,

Kind reference is invited to DoPT O.M. No.28020 /3/2018-Estt.(C) dated 11.3.2019 (copy enclosed) wherein Department of Personnel & Training has circulated the Master Circular on Probation /Confirmation in Central Services.

2. It has been observed that in some cases, Cadre Controlling Authorities / Commissionerates forwarding the request of the Direct Recruit officers to Board for extension of probation period beyond the prescribed period. In this regard, please refer to Para 19 of the above DoPT circular wherein it is clearly mentioned that in case of a probationer, who is not making satisfactory progress or who shows himself to be inadequate for the service in any way, should be informed of his shortcomings well before the expiry of the original probationary period so that he can make special efforts at self improvement. Further as per Para 20, on expiry of the period of probation, steps should be taken to obtain the assessment report on the probationer, so as to confirm or extend or terminate the probation.

Also check: DoPT: Master Circular on Probation/Confirmation in Central Services

3. It is seen that the instructions of DoPT regarding completion of probation period are not being followed properly by some of the CCA’s / Commissionerates. It has been observed by the Member (A) that all Cadre Controlling Authorities need to be sensitised about the system in place for training and monitoring performance of freshly recruited officers. The DoPT instructions may be brought to the notice of all officers and also to the freshly recruited officers who are on probation. Efforts also may be made in co-ordination with NACIN to build capacities, on this subject, amongst officers of all levels of CCA chain.

Yours faithfully,

Encl.:- as above

(Mohammad Ashif)
Under Secretary to the Govt. of India
O11-26162780

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Court Matter
By FAX/Speed post

F. No. A-2301 1/25/2015-Ad.HA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs

New Delhi, 13th May, 2020.

To,

All Pr. Chief Commissioner/ Pr. Director General under CBIC
All Chief Commissioner/ Director General under CBIC
All Pr. Commissioner/ Commissioner under CBIC

Subject : Filing Transfer Petitions before the Hon’ble CAT, PB, New Delhi for transferring all cases to the Hon’ble CAT, PB, New Delhi pending before the different Tribunal filed by Superintendents/Assistant Commissioner for grant of 3rd MACP in the grade pay of Rs.6600/-(pre-revised) -reg.

Sir,

I am directed to say that the Board have been receiving a number of cases filed in the different Benches of the Hon’ble Tribunal on the issue of grant of 3 financial upgradation under MACP Scheme to Superintendents, who were granted Non-Functional Grade Pay in GP of Rs. 5400/- in PB-2.

2. Briefly, a number of Superintendents were wrongly granted 3rd financial upgradation under MACP Scheme in the grade pay of Rs. 6600/- by many Commissionerates without counting NFG granted to them as one financial upgradation under MACP Scheme despite CBIC/ DOPT’s earlier clarifications in the matter. This was an administrative error by field offices and the up-gradation wrongly granted needed to be withdrawn. Consequent upon the direction of the Hon’ble High Court of Madras vide Order dated 08.12.2014 in Writ Petition No. 19024 of 2014(Sh. R. Chandrasekaran Vs. UOI & Ors), the matter of counting of Non-Functional Grade Pay as one financial upgradation was again examined in the Board in consultation with DOPT and it was clarified vide Board’s letter F.No.A-2301 1/25/2015-Ad.IIA dated 20.06.2016 that Non-Functional Grade Pay of Rs. 5400/- granted to Superintendents needs to be counted as one financial upgradation for the purpose of MACP Scheme. After issuance of CBIC’s clarification dated F.No.A-23011/25/2015-Ad.IIA dated 20.06.2016, Commissionerates have been withdrawing grade pay of Rs. 6600/- erroneously granted to them. Aggrieved by this action, many Superintendents have filed cases in various Tribunals.

Also check: MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020 January 24, 2020

3. As the subject matter of litigation on each of above such cases are same and in order to have a uniform decision in the matter, the proposal for filing Transfer Petitions before the Hon’ble CAT, PB, New for transferring all such cases to the Hon’ble CAT, PB, New Delhi is under consideration of the Board. In order to file transfer Petitions, all field formations under CBIC are requested to furnish the latest status of such cases to the Board which pending throughout different Zones in following formats:

4. The above requisite information in the prescribed format as indicated above may be forwarded to the Board latest by 31 May, 2020 positively.

Also read: DA to be released immediately according to Delhi High Court judgment. Court case on DA, and the petitioner won

5. This issues with the approval of Chairman, CBIC.

Yours faithfully,

(Gaurav Shukla)
Under Secretary to the Government of India

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No. A-11013/17/2019-Ad.IV
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

5th Floor, HUDCO Vishala Building,
Bhikaji Cama Place, R.K Puram, New Delhi
Dated: 6 June, 2019

ORDER No. 07/Ad.IV/2019

Subject- Change of nomenclature of the post of Superintendent of Central Excise working in the Directorates under CBIC as Additional Assistant Director – reg.

Approval of the Competent Authority, CBIC is hereby conveyed for change of nomenclature of the post of Superintendent of Central Excise working in the Directorates under CBIC as Additional Assistant Director (AAD).

The change in nomenclature comes into force with immediate effect.

Yours faithfully,

(Xavier Toppo)
Under Secretary to the Govt. of India

Source: cbic.gov.in

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F.No.A-26017/05/2015-Ad IIA
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs

North Block, New Delhi
Dated the 16th January, 2019

To

All Pr. Chief Commissioners/ Chief Commissioners of GST & Central
Excise/Customs/ Directors General under CBIC.

Subject: Fixation of pay on promotion to a post carrying higher duties and responsibilities but carrying the same grade pay – reg.

Madam/Sir,

I am directed to say that the matter related to a clarification on pay fixation under FR 22(1)(a)(I) on re-designation/promotion to a post carrying higher duties and responsibilities but carrying the same pay scale has been examined in the Board in consultation with Department of Expenditure. Department of Expenditure has advised that –

“in case the issue is for pay fixation on movement from the post of Office Superintendent (OS) to Administrative Officer (AO) taking place on dates prior to merger of the posts of OS with AO on 01.01.2006, the pay fixation may be considered in the light of Department of Expenditure OM No.169/2/2000-IC dated 24.11.2000”.

2. It is advised to take necessary action in the matter in terms of provisions contained in Department of Expenditure OM No.169/2/2000-IC dated 24.11.2000. A copy of Department of Expenditure O.M. dated 24.11.2000 is enclosed.

Encl: As above.

Yours faithfully,
(A.K. Qasim)
Director

Source: www.cbic.gov.in

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