" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr. A. Venkatesh and SG Mr. Ravi Malik.

Friday, 15 December 2017

Customs reorganisation

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 173/AIB/A/17                                                                          Dt. 15.12.17
                                                                                                                    REMINDER
To, 
Sh. Pranab Kumar Das,
Special Secretary & Member, CBEC,
North Block, New Delhi.
Sub: Reorganisation of Customs formations.
Sir,
Kindly refer to the Ref. No. 149/AIB/A/17 Dt. 09.11.17 of the Association alongwith your letter D. O. F. No. 450/17/2017-Cus-IV Dt. 07.11.17.
            2. With due regards, it is to submit again that the views of the Association may also kindly be taken for due consideration before arriving at final decision on the issue. The only way regarding this seems to form independent Customs Commissionrates/formations/divisions/houses manned by Central Excise personnel to reassign Customs functions to them falling under the erstwhile Central Excise/CGST jurisdictional area.
            3. The best way, however, seems to unify the Central Excise/CGST and Customs grades at group ‘B’ and ‘C’ levels like already existing in Group ‘A’. The Association has already given its submissions on the issue of unification on various occasions. The Hon’ble CAT of Delhi has also directed the CBEC to reframe the RRs to grant parity in promotions to Central Excise executive officers with Customs counterparts under order in OA No. 2323/2012.
            4. The Association has some apprehensions with respect to the said reorganization like below:
            i) Whether all the Customs functions hitherto dealt by the Central Excise/Central Tax personnel would be dealt by the Customs personnel?
ii) Whether the posts from Customs would be diverted to GST and vice versa?
iii) Whether the functions being performed by Central Excise/Central Tax personnel in SEZ, minor ports etc. would be handled by Customs personnel?
iv) What is the actual proposal of Board for reorganization of Customs formations?
            v) Whether the sanctioned strength of Customs Preventive formations would be treated as sanctioned strength of formations under Central Excise/Central Tax or sanctioned strength of formations under Customs?
vi) Whether the Central Excise/Central Tax personnel working in the erstwhile Customs formations would be treated as officers on deputation posts or regular posts of Central Excise/Central Tax?
vii) Whether deputations to SEZs or other Customs functions like airports will be restricted to only Customs personnel or extended to Central Tax personnel?
viii) Whether there would be any reduction or increase in strength?
ix) Whether the promotional chances of Inspector to the Superintendents and further would be affected?
x) Whether the Board is also being bifurcated as Central Tax and Customs?
xi) Whether present Customs Preventive formations would be merged with the Custom Houses being manned by Customs personnel?
xii) Whether there would be any role at all for Central Tax personnel in Customs functions in future?
          4. In view of the above and also the verdict Dt. 07.12.17 given by the Madras Bench of Hon’ble CAT in MA/310/00906/2017 and OA/310/01895 directing to take into consideration the points submitted by the staffside, it is requested to finalise the issue by giving the due consideration to the submissions made by the Association.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
(1) The Member (GST), CBEC, North Block, New Delhi.
(2) The Member (Admn.), CBEC, North Block, New Delhi.
(3) The Chairperson, CBEC, North Block, New Delhi.
(4) The Finance/Revenue Secretary, North Block, New Delhi.




(RAVI MALIK)

Thursday, 14 December 2017

MACPS

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 172/AIB/G/17                                                                          Dt. 14.12.17
To,
The Secretary,
DOPT, North Block,
New Delhi.
Sub: Undoing of MACP irregularities.
Sir,
            It is submitted with due regards that the MACP Scheme envisages placement merely in the immediate next Grade Pay in the hierarchy of the recommended revised Pay Bands and Grade Pay. Not only it, one MACP upgradation has been off set with the non-functional time scale granted to various categories of Group B gazetted officers after completion of 4 years of service. Single grade pay of Rs. 5400/- has also been bifurcated into two, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in PB3 without the difference of a single rupee under para 8.1. Thus the ACP scheme has been de-modified instead of being modified as anything is to be modified to be beneficial instead of harmful. As a result, our officers are now getting the grade pay of Rs. 5400/- in PB3 after 30 years of service under MACPS which they were able to get after 24 years of service under ACPS. Thus, the MACPS is totally unable to fulfill the basic purpose of grant of the financial upgradations to counter stagnation due to the lack of promotional avenues at least in the case of Central Excise Superintendents/Inspectors.
2. As far as the grant of MACP upgradation in promotional hierarchy is concerned, the Hon’ble Supreme Court of India in SLP No. 7467/2013 filed by the Government against the judgement of the Hon’ble High Court of Chandigarh in CWP No. 19387/2011 has already confirmed the order dated 31.05.2011 of Chandigarh CAT for grant of MACP upgradation in the promotional hierarchy. The Grade Pay of Rs. 5400/ in PB2 being a new pay slab and not being existed in the promotional hierarchy, the para 8.1 of the MACP instructions is automatically amounts to be scrapped since its initiation based on the said verdict of the Apex court.
3. Para 8.1 has also been duly discussed in the case of U.O.I. & Others versus Sri S. Balakrishnan & Ors. (WP 11535 / 2014 decided by the Hon’ble High Court of Madras on 16.10.2014). The Hon’ble High Court decided that the Grade Pay of Rs. 5400/- in PB-3 is not a higher Grade Pay than the Grade Pay of Rs.5400/- in PB-2 and the immediate next higher Grade Pay to the Grade Pay of Rs.5400/- is Rs.6600/-. The Hpn’ble High Court also held that this para has been misinterpreted and the grant of Grade Pay of Rs.5400/- in PB-2 on non-functional basis cannot be counted as Financial Up-gradation for the purpose of the MACP upgradation. The SLP No.15396/2015 filed by the UOI in the Hon’ble Supreme Court against the judgement dated 16.10.2014 of the Hon’ble Madras High Court was dismissed by the Apex Court on 31.08.2015. Thus, the judgement dated 16.10.2014 of the Hon’ble Madras High Court has attained finality and our officers are entitled to the Grade Pay of Rs.6600/- on MACP upgradation after time scale of Rs. 5400/-. In CSS too, the officers are being granted MACP upgradation in a Grade Pay of Rs. 6600/- after getting time scale of Rs. 5400/-.
4. As far as the offsetting of the MACP upgradation with time scale is concerned, the time scale can noway be linked with the MACP upgradation. The processes of the grant of time scale and MACP upgradation have different mechanisms.  Holding of DPC is necessary for the grant MACP upgradation but it is not required for the grant of time scale. It was also nowhere mentioned either in the Notification of the Govt. dt. 29.08.08 or MACPS notification dt. 19-5-09 that the benefit of MACP upgradation would  be offset by the time scale. The offset of time scale with MACP upgradation was also not recommended by the pay commission. The offset of the MACP upgradation with time scale is also liable to be scrapped since its initiation as per the verdict given by the Hon’ble Supreme Court in the case of Delhi Nurses Union (Regd.) Vs. U.O.I. dismissing the Appeal of Union of India on 04.03.2013 in SLP(C) No. 010607/2013 filed against W. P. (C) 5146/2012. It is also reiterated that the time scale was introduced on 01.01.06 whereas the MACPS was introduced on 01.09.08. Thus, time scale can noway be treated at par with MACP upgradation.
5. The source of the MACPS being one and the same, i.e., common recommendations of the 6th CPC, the State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the time scale. There also exist no same Grade Pays under any Band Pay like para 8.1 of MACPS. They have also granted the IIIrd MACP upgradation within 26 or less years to their employees without bifurcating the single grade pay at any level. As a result, their officers are able to get actually 4 financial upgradations (3 financial upgradations+1 time scale) as a combined effect of time scale and MACP Scheme.
6. Promotional hierarchy is also varying from department to department which is required to be made uniform for all for the sake of justice and undo discrimination & disparities. Somewhere Group ‘B’ Gazetted officers are promoted merely to a post at Level-10 (CBEC, CBDT etc.) whereas they are being promoted to a post at Level-11 (CSS, Rajyasabha Secretariat, MEA, DANICS, DANIPS, CSSS, CVC, AFHQ, Railway Board, Foreign Services, Administrative services, Forest services, Police services, DANICS, DANIPS, State services etc.) at other places. Like it, somewhere Group ‘B’ Non-Gazetted Officers are promoted to a post at Level-10 (CBI, IB, Hindi wing of CBEC etc.) whereas they are being promoted to a post at Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD etc.) at other places. Somewhere Group ‘B’ Gazetted Officers are placed in Level-7 (CPWD etc.) whereas Level-8 (CBEC, CBDT etc.) and also Level-9 (Postal department, Audit & Accounts services etc.) at other places. Somewhere promotional hierarchy is Level-7àLevel-11àLevel-13, somewhere Level-7àLevel-8àLevel-11àLevel-12àLevel-13, somewhere Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13 and somewhere it is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13. Some Group ‘B’ Gazetted Officers have been granted the time scale in PB2 and others in PB3. Due to varying promotional hierarchies, some officers got a Grade Pay of Rs. 7600/- and some Rs. 6600/- on IIIrd MACP upgradation. The worst hit category is the Central Excise Superintendents who are now able to get only a grade pay of Rs. 5400/- after 30 years or more service which they were able to get only after 24 years of service under ACPS.
7. The posts under the grade pays of Rs. 5400/- & 6600/- (Level-10 & 11) and also Rs. 7600/- & 8700/- (Level-12 & 13) being functionally same, the ideal promotional hierarchy for all after entry into Group ‘B’ seems only to be 4600 (L-7)à6600 (L-11)à8700 (L-13)à10000 (L-14). The officers should also be granted the MACP upgradation under this ideal hierarchy of 4600à6600à8700à10000 after joining the job in a grade pay of Rs. 4600/- without offsetting the MACP upgradation with the time scale and also without bifurcating any grade pay. This will give justice to all without any discrimination or disparity.
8. Recently in the case of Union of India and Ors. Vs Balbir Singh Turn & Anr. in Civil Appeal  Diary No. 3744 OF 2016, the Hon’ble Supreme Court has ruled that the MACPS is to be implemented since 01.01.06 instead of 01.09.08. Accordingly, our officers completing 20 years on or before 01.01.06 should be granted the Grade Pay of Rs. 6600/- on IInd MACP upgradation on 01.01.06 ignoring time scale, the Grade Pay of Rs. 5400/- being kept only for the purpose of time scale as in CSS. If such officers are granted the Grade Pay of Rs. 5400/- as MACP upgradation without ignoring the time scale, their juniors will get higher grade pay (pay level) than them. So, such officers should first be granted time scale and then MACP upgradation on same date, i.e., 01.01.06. Thus, our officers after joining as Inspector should be granted Level-8 or equivalent on Ist MACP upgradation, then time scale in Level-10 or equivalent, further Level-11 or equivalent on IInd MACP upgradation and Level-12 or equivalent on IIIrd MACP upgradation under the present scenario.
9. As per the verdict given in SLP(C) No. CC 7278/11 by the Hon’ble Apex Court in Ashok Kumar case, the pay of the senior officer is also to be step-up if his/her junior is getting more pay on account of ACP/MACP upgradation.   
10. In view of the above, it is requested to give justice to all-
i) To grant MACP upgradations under the uniform hierarchy of functional promotions.


ii) Not to offset the MACP upgradation with the time scale.
iii) Not to bifurcate any grade pay.
iv) To step-up the pay of seniors, if juniors are getting more pay under ACPS/MACPS.
v) To make promotional hierarchy uniform for all group ‘B’ officers across all Ministries/Departments in Govt. of India as submitted in para 6 and 7 above.
vi) To implement MACPS w.e.f. 01.01.06 uniformly for all ignoring the time scale as submitted in para 8 above.  
               Thanking you,
Yours faithfully,



(RAVI MALIK),

Secretary General.

Wednesday, 13 December 2017

Subramanium case reminder

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 171/AIB/G/17                                                                          Dt. 13.12.17
                                                                                                                      REMINDER
To,
Ms. Vanaja Sarna,
Chairperson, CBEC,
North Block, New Delhi.
Sub: Implementation of the Subramanium case.
Madam,
            Kindly refer to the Ref. No. 113/AIB/G/17 Dt. 28.09.17, 120/AIB/G/17 Dt. 11.10.17, 121/AIB/G/17 Dt. 11.10.17 etc. of the Association.
          2. With due regards, it is to submit that the SLP(C) No. 029382/2011 filed by the CBEC in the Subramanium case has been dismissed on 10.10.17 by the Hon’ble Supreme Court. Thus, now there remains no other option except to implement it giving the benefit to all equally placed officers. The issue involved in this case is the grant of time scale on completion of 4 years of service after getting ACP/MACP upgradation to our officers after joining as Inspector, whether direct recruit or promotee
3. Your kind attention is also invited to the counter-reply of the CBEC in the case filed by the Association for the general implementation of the Subramanium issue to give its benefit to all equally placed officers. In the said counter-reply, the CBEC has mentioned that the reason of not implementing the issue in general for all is the pendency of the case in the Hon’ble Apex Court.
4. But now after the dismissal of the SLP of the CBEC and finalization of the case at the level of the Hon’ble Apex Court, there remains no reason coming in the way of the general implementation of this case.
5. In view of the above, it is again requested to kindly take necessary steps to implement the said court verdict in general for all equally placed officers at an early date.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Copy to:
The Secretary, Deptt. of Expenditure, North Block, New Delhi: with the request for necessary action as the matter is already under consideration of Expenditure.




(RAVI MALIK)

Tuesday, 12 December 2017

Subramanium case

Dear friends,
namaste.
           I have been getting regular calls about the current status of this case. These calls are on increase particularly after a letter being flashed on social media which is endorsed to Sh. Sanjay Srinivasan mentioning some OM of Expenditure . Friends, current status is that the matter is pending and being pursued with the Expenditure. It was already got forwarded to the Expenditure by us from CBEC. As far as the letter endorsed to Sh. Srinivasan is concerned, the nodal department always forwards the representation made to them to the parent department for comments/action. Accordingly, representation made by Sh. Srinivasan to Expenditure seems to have been forwarded to Revenue Department by Expenditure which has further been forwarded to CBEC by Revenue alongwith letter (OM) of Expenditure under which it was forwarded to Revenue. However, actual picture can only be clarified after production of OM of Expenditure as mentioned in the letter endorsed to Sh. Srinivasan.
Love,
Ravi malik,
Secretary General,
AIACEGEO. 

Agenda of AEC meeting to be held at Hyderabad on 20.01.18 & 21.01.18

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 170/AIB/A/17                                                                          Dt. 12.12.17


Agenda for the Associate Executive Committee meeting to be held in Hyderabad on 20.01.18 and 21.01.18

1) Measures to improve the career prospects including DPC and Upgradation of posts & scales like state governments under GST.
2) Pay matters including MACPS.
3) Distribution of assesses between states and centre.
4) ) Reorganisation of Customs formations.
5) Working conditions including infrastructure.
6) Organisational matters including DDO certificates, dues & funds.
7) Any other point/s with the permission of Chair.

Regards,



(RAVI MALIK),

Secretary General.

Tuesday, 5 December 2017

DPC

Dear friends,
namaste.
          I am getting regular calls about the status of DPC for the post of Asstt. Commissioner as our officers are retiring regularly without promotion despite of promotional posts being vacant for the year 2016-17 and 2017-18. Friends, the DPC is at hold due to Bharatan case on Parmar issue. Every effort is being made to resolve the issue of DPC. The matter was also referred to the DOPT and they are saying that the Parmar is to be implemented from 2012. But Bharatan verdict perhaps says that it is to be implemented from 1959.
          The matter of DPC has now been referred to the Ministry of Law. In the Bharatan verdict, the court has directed to implement the Parmar case before convening the DPC. No need to say that the implementation of Parmar case from 1959 or even from 1986 would take time. Reports are that "too old" relevant records are not available with cadre control authorities in the field formations.
           For ideal implementation of Parmar case, all CCAs of Customs and Central Excise have to start review DPCs from back date, whether 1959 or 1986, from the lowest levels. These levels may include LDC, UDC, Inspector, Examiner, Preventive Officer, Central Excise Superintendent, Customs Superintendent and Appraiser throughout the country at field formation levels. After it, the all India seniority lists at central level are to be revamped for all of three categories, i.e., Central Excise Superintendent, Customs Superintendent and Appraiser. Seemingly, it may take long time. 
          Accordingly, it can't be predicted when DPC would be conducted. However, the matter is being pursued at every level very vigorously.
           Love,
           Ravi Malik,
           Secretary General,
           AIACEGEO. 

Sunday, 3 December 2017

RRs, upgradation

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); N. Nagraj, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 164/AIB/P/17                                                                          Dt. 04.12.17
                                                                                                                 COURT MATTER/REMINDER
To,
Sh. S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT.
Sir,
            Kindly refer to the letter Ref. No. 35/P/17 Dt. 09.03.17 and consequent communications of the Association including Ref. No. 36/AIB/P/17 Dt. 10.07.17, 50/AIB/G/17 Dt. 02.08.17 and 63/AIB/P/17 Dt. 02.08.17.
            2. It is submitted with due regards that the Association filed the said OA seeking amendments/revision of the Recruitment Rules to bring all the Inspectors (i.e. Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India Combined Examination in parity to maintain the principle of equal opportunity & equality before law and to save the senior Central Excise officers from humiliation of working under their juniors of Customs belonging to the same cadre of Inspector in CBEC. Accordingly the Govt. undertook before the Hon’ble CAT that the amendment of the Recruitment Rules to the said effect is already under process.
            3. The Hon’ble CAT has directed to expedite the process of amendment of the Recruitment Rules by taking effective steps for Notification of the Recruitment Rules, within a reasonable period, preferably within four months from the date of receipt of a copy of the order. No need to say that the time given by the Hon’ble CAT has already expired.
            4. In this regards. RR’s may kindly be re-framed prescribing the qualifying services in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level. This OM stipulates the promotion of the Inspector grade to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively after completion of 12, 17 & 20 years of service. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal made on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. Regarding the want of the required number of vacancies/posts, it is requested that the officers may kindly be granted in-situ promotions (requiring no creation of posts) after completion of the prescribed service. A little deviation from the above mentioned DOPT guidelines, already framed with the due diligence & application of mind by DOPT, may be understood but the non-implementation of the same at all is never understandable. If the grant of the prescribed grade is not possible within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 (after completion of 1½ times of qualifying service based on the precedent of CSS of promoting all the Section Officers to the STS post of Under Secretary after completion of 1½ times of qualifying service in 1999) years. In CSS, they still have provisions of in-situ promotions upto the level of Joint Secretary.
5. Accordingly, the Association has already suggested to form the RR’s on the following lines to benefit already stagnated as well as new generation of the officers prescribing qualifying service as follows based on the above mentioned OM of DOPT after unifying all of 3 categories into single stream (without trifurcating the single cadre) at group ‘B’ non-gazetted (Inspector) as well as group ‘B’ gazetted (Superintendent) level–
 (i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- (Level-8) after joining in Inspector grade (Level-7) as there is no justification to enhance this residency period above two years keeping in view the mere benefit of Rs. 200/- being granted on promotion and also that it is already two years in other ministries.   
(ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- (Level-11) after joining in Inspector grade (There is no justification of promoting an officer from a grade pay of Rs. 5,400/- to 5,400/-. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a senior group ‘A’ post instead of junior group ‘A’ in Central as well as State governments.).
(iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- (Level-12) after joining in Inspector grade.
(iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- (Level-13) after joining in Inspector grade.
(v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- (Level-14) after joining in Inspector grade.
             (vi) and so on.
6. In addition to the above residency periods and keeping in view the extraordinarily acute stagnation of Central Excise executive officers, there should kindly be incorporated the permanent provision in the recruitment rules  to promote the officer automatically to the higher grade as soon as he/she completes 1½ times of qualifying service in r/o any grade. As already submitted, this measure was taken in CSS for promoting all the Section Officers to the STS post of Under Secretary after completion of 1½ times of qualifying service in 1999. This will not only remove the regional disparities but also grant the opportunity to our officers to reach higher levels like the common entry counterparts. It is also well pertinent to mention that any officer is called stagnated, if he/she doesn’t get promotion even on completion of 1½ times of qualifying service prescribed for promotion by DOPT.
7. As per the minutes drawn against point No. 2 of the meeting held under the Chairpersonship of the former Member (P&V) on 31.01.13 issued vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC, it was mentioned that the work of framing new RR’s is going on and its progress is being monitored very closely on regular basis. Further, it has been mentioned that the RR’s as per DOPT guidelines would be finalized soon. So, the matter is required to be expedited immediately in strict consonance of the relevant DOPT guidelines issued vide OM No. AB-14017/61/2008-Estt.(RR) dt.24.03.09 as per prayer of the Association.
8. In view of the above, it is requested to expedite the finalization of the Recruitment Rules at an early date to bring all the Inspectors (i.e., Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India Combined Examination at par in the matter of promotions to save the senior Central Excise/GST officers from humiliation of working under their juniors of Customs
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Chairperson, CBEC, North Block, New Delhi.
2) The Finance Secretary, North Block, New Delhi.


(RAVI MALIK)



ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); N. Nagraj, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 165/AIB/G/17                                                                          Dt. 04.12.17
                                                                                                                    REMINDER
To,
Sh. Arun Jaitley,
Hon’ble Minister of Finance,
North Block, New Delhi.
Sub: Upgradation of posts & scales like state governments under GST.
Sir,
Kindly refer to the Ref. No. 118/AIB/G/17 Dt. 09.10.17 of the Association on the above subject.
            2. With due regards, it is again to submit that the state governments have not only upgraded the various posts under GST but also granted higher pay scales to benefit and motivate their employees for perfect and efficient implementation of GST.
            3. The copies of the relevant documents in r/o the states of Andhra Pradesh, Rajasthan, Chhattisgarh etc. have already been provided to the CBEC authorities for ready reference. No need to say that the states are taking every step to motivate their employees in r/o career prospects and pay matters for the perfect implementation of GST whereas the same is very terribly missing in our CBEC. All kudos to the state governments for the steps taken to motivate the employees and generate feeling of healthy competition among them in r/o GST.
4. It is really unfortunate, de-motivating and demoralizing that no such steps have ever been taken by CBEC despite of the actual work force of Superintendents and Inspectors being totally disappointed, de-motivated, demoralised and job-dissatisfied for decades in r/o the career prospects and pay matters as compared to their counterparts. No need to say that these poor officers are far behind their counterparts of state governments as well as central government in the above matters. Such matters, having an endless list, are being regularly communicated to the CBEC but without any remedy.
            5. The post of CTO (equivalent to Superintendent or even lower) has not only been placed under a pay scale with Pay Band of Rs. 15,600-39,100/- (PB3) and with Grade Pay of Rs. 5400/- equivalent to Level-10 of Central Government but it has also been upgraded to the post of Asstt. Commissioner in states under GST. Inspector or even lower level post has also been upgraded to CTO by the state governments thus placing the Inspector level officers under a pay scale of Level-10 by way of double mechanism of upgradation of post and enhancement of pay scale. Accordingly, CTO has been placed in a pay scale and status of group ‘A, entry level by the states. Likewise, Asstt. CTO has been upgraded to CTO, CTO to Asstt. Commissioner, Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner to Joint Commissioner and so on in the state governments under GST regime.
            6. In view of the above, it is requested that the same steps (if not better than the GST counterparts in state governments) may also kindly be taken to upgrade the posts in CBEC from the lowest to the highest level to motivate and create the feeling of job-satisfaction among the employees of CBEC for perfect implementation of GST in the interest of the revenue.
            Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
The Hon’ble Prime Minister of India, PMO, South Block, New Delhi.