Request for implementatation of 5400 order in rem



ALL INDIA ASSOCIATION OF
CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
(Representing the Superintendents of C.Ex & CGST)
[Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008]
6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018.
Email id: aisacbitc@gmail.com&manimohanr66@gmail.com
President
Sanjay Srinivasan
Vice Presidents: 
Prabir Mukhopadhyay
Sanjay Kumar 
H.S. Bajaj 
K.S. Kumar
P.K. Jaishankar Iyer
Secretary General 
R. Manimohan
(09443063989)
Asst Secy General 
Shishir Agnihotri
Joint Secretaries:
Kousik Roy
D. S. Thakur
Malkit Singh  Kalugasala Moorthy
Sandip Panvalkar
Core Committee:
R. Chandramouli
Tirthankar Pyne
Ajit Kumar K.G.
Office Secretary:
K.R.Dinesh Kumar
(09443935875)
Ref. No: CBEC/29/2017                               Date: 11.10.2017
To
Smt. Vanaja N. Sarna,
Chairperson,
CBIC, North Block,  New Delhi.
Shri. S. Ramesh,
Member (Admn), 
CBIC, North Block, New Delhi.
Respected Madam/Sir,
Sub: - Granting of GP 5400 in PB-2 on completion of 4 years of continuous service in GP 4800 – SLP of department dismissed by Hon’ble SC in the case of M. Subramaniam- Implementation -reg.
Kind reference is invited to our submission in the meeting held with the Member (Admn) on 18.08.2017 with regard to the SLP No. 15627/2011 filed against the Judgement dated 6.9.2010 of the Madras High Court (converted into Civil Appeal No. 8883/2011) filed by the department in the case of M. Subramaniam on the issue of granting of GP 5400 in PB-2 on completion of 4 years of continuous service in the GP 4800, irrespective of whether GP 4800 was gained by way of promotion or not.  We had cited the dismissal of SLP filed in a similar case and requested the department to withdraw the SLP in the case of M. Subramaniam so that the stagnating cadre in our department would get their due benefit.  This issue was discussed with the Member (Admn) again when the JAC of Inspector Base Associations met him on 15.09.2017.  He was also kind enough to say that he will look into it.
In the meanwhile, the matter came up before the Hon’ble Supreme Court on 10.10.2017 and the Hon’ble Supreme Court has dismissed the above said SLP filed by the Department. Copy of the order on the Supreme Court’s web site is enclosed for kind reference. On receipt of the signed copy from our advocates, the same would be submitted.
Since the benefit was already extended to the individual concerned due to the Hon’ble Supreme Court refusing to stay the  Madras High Court order challenged in the SLP, what remained to be resolved was only the legality of the clarificatory memorandum dated 13.12.2012 issued in this regard, wherein a fresh stipulation was made that GP 5400 in PB-2 could be granted only if GP 4800 had been attained in the specific post and not otherwise. Now with the Hon’ble Supreme Court dismissing the SLP, the Madras High Court Order holding that the clarificatory memorandum dated 13.12.2012 was not maintainable because it was contrary to the decision of the Government of India’s resolution on this issue becomes applicable in rem.
 It is therefore requested that the above said decision of the Hon’ble Supreme Court may please be accepted without any further delay and necessary instructions be issued to the concerned to grant the benefit to all the officers concerned immediately. By this the inequalities in respect of promotions would be addressed, at least to some extent.
The entire cadre looks forward for an early implementation of this benefit which will have an implication mainly only in the CBEC, due to the heavy stagnation at such a level in the hierarchy.
Yours truly,
Encl: As above
                                                                                 (R. Manimohan)
Secretary General
Copy to
The Joint Secretary (Admn), CBEC, North Block, New Delhi.



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