Wednesday, 18 May 2016

No. 22034/04/2013-Estt.(D)
Government of India
Ministry of Personnel Public Grievance & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 17.05.2016

Office Memorandum

Subject :- References/Representations/Court Cases in various Ministries / Departments / Organisations for grant of MACPS benefits in the promotional hierarchy – reg.

In continuation of Department of Personnel Training’s earlier O.M. of even no. dated 20.01.2016 and dated 01.03.2016 on the above mentioned subject, the undersigned is directed to forward a copy of the decision dated 28.04.2016 of Hon’ble CAT, Calcutta Bench in OA No. 351/00195/2014 filed by Shri S.H.K. Murti & Others Vs. UOI &Ors whereby the demand of the applicant for MACP in promotional hierarchy has been dismissed, for necessary action and compliance. The Hon’ble Tribunal in the aforesaid decision dated 28.04.2016 has held that the MACP benefit would be given in the hierarchy of next higher Grade Pay and not in Grade Pay of promotional hierarchy which will be payable on actual promotion.

2. All Ministries/Departments are requested to upload it on their websites for wider publicity.

(G. Jayanthi)
Director (E-I)

Monday, 16 May 2016

Draft Recruitment Rules for the post of Supdt. Central Excise, Supdt Customs (Preventive) and Customs Appraiser under CBEC for inviting comments from stakeholders within 30 days
Forwarding letter dt. 13-May-2016 
Draft Recruitment Rules for the post of Supdt. Central Excise
Draft Recruitment Rules for the post of Supdt Customs (Preventive)
Draft Recruitment Rules for the post of Customs Appraiser

Sunday, 15 May 2016

Material sent by Sh. Dharambir Singh, Hon'ble Member of Parliament, to the Hon'ble FM

Central Excise Superintendents have totally been ignored by 7th Pay Commission in the matter of pay scale as well as career prospects despite of being conferred new responsibilities of higher nature in judicial and technical fields of adjudication and ACES since 2010. Their claim for higher pay and better career prospects becomes even stronger on account of recording statements like a Magistrate having validity even before Supreme Court. Despite of the admission by Expenditure Department, they have not been granted the pay scale at par with DSP of CBI etc. The pay scale of both categories were same till 07.02.96 but Govt. enhanced the pay scale of DSP of CBI without recommendations of Pay Commission vide order Dt. 08.02.96 with retrospective effect since 01.01.96 without any increase in their responsibilities. The feeder post of Inspectors of Central Excise and CBI are already in the same pay scale, it is gross injustice not to bring the promotional posts (Central Excise Superintendent and DSP of CBI) at par. DSP of CBI etc. are also being paid 25% per month extra salary and 13 months salary in the year. The plea by Central Excise Superintendents for grant of Grade Pay of Rs. 5400/- in PB3 has been turned down stating that it is group ‘A’ entry scale for their promotional post. That being the case, the feeder post of Assistant and promotional post of Section Officer were placed in the same pay scale in CSS once upon a time just before the implementation of VIth CPC report. Likewise, feeder and promotional posts were being placed in the same pay scale in Audit and Accounts services. Group ‘B’ officers in Sates and Group ‘A’ All India Service Officers are also recruited in the same Grade Pay of Rs. 5400/- in PB3. Accordingly, there should not be any problem to place Central Excise Superintendent in the Grade Pay of Rs. 5400/- in PB3. This problem may also be solved by promoting the Superintendent directly to STS post like many other counterparts or even making the group ‘A’ entry at Grade Pay of Rs. 6600/-. Central Excise Superintendent should, therefore, be placed at least in a pay scale equivalent to Grade Pay of Rs. 5400/- in PB3 with time scale in Grade Pay of Rs. 6600/- after 4 years of service and also special allowance @ 25% of salary with 13 months salary in the year.
                Central Excise Superintendents are retiring with single promotion on a PB2 post in a career of 35-40 years whereas their common entry counterparts of Customs, CBDT, CBI, CSS etc. are easily entering into PB4 levels with 5-6 promotions. Central Excise Superintendents are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & same cadre of Inspector and recruited through one & same process under one & same organization of Central Board of Excise & Customs (CBEC) in one & same department of Revenue of one & same Ministry of Finance with one & same administrative hierarchy. Examiner of 1984 has already become Addl. Commissioner (GP-Rs. 8700/- in PB4) after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (GP-Rs. 5400/- in PB3). The counterparts of CSS including Rajya Sabha Secretariat and CBDT are already reaching the level of Joint Secretary and Commissioner respectively in the GP of Rs. 10000/- in PB4. Particularly keeping in view the extraordinarily acute stagnation of Central Excise Superintendents and Inspectors, they should be granted non-functional financial up-gradation (NFU) to grant them at least financial parity with the counterparts of CSS etc.
The Cabinet/CRC/Cabinet Secretary recommended to take extra measures to remove stagnation of group ‘B’ Central Excise executive officers independent of cadre restructuring. But very unfortunately, no measures have been taken till date. A scheme, therefore, should be formulated enabling Central Excise Superintendents and Inspectors entered into PB4 levels like the common entry counterparts of CBDT, CSS, Customs etc. by introduction of flexible/dynamic promotion/complementing scheme as was done for the Scientists in the Department of Science & Technology to remove their stagnation and also for Drivers.
The promotional hierarchy is varying department to department in the Central Govt. like GP of 4600à6600à8700 (CPWD etc.), 4600à4800à6600à7600à8700 (CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.), 4600à5400à6600à7600à8700 (CBI, IB, Hindi departments etc.), 4600à4800à5400à6600à7600à8700 (CBEC, CBDT, Department of Posts etc.) etc. So, promotional hierarchy after entry into group ‘B’ should be made uniform like CPWD keeping in view that posts under grade pays of Rs. 5400/- & 6600/- and also Rs. 7600/- & 8700/- are functionally same.
The most of group ‘B’ gazetted officers in Central as well as State governments are being promoted directly to a Senior Time Scale (STS) post with GP of Rs. 6600/- in PB-3 including CSS, CPWD, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat, Enforcement Directorate in Revenue Department itself, Forest services, Police services, Foreign Services, Engineering services, State services etc. but Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with Grade Pay of Rs. 5400/- in PB-3. Thus, Central Excise Superintendents should also be promoted directly to STS.
Pay Commissions always worked to merge the pay scales. The creation of Grade Pay of Rs. 5400/- in PB2 and PB3 by 6th CPC was illogical, unjustified and a gross mistake. This led to discrimination, resentment and consequential litigations. It was expected that 7th CPC would remove this disparity by merger of this bifurcation of single grade pay but the CPC has retained the same as Level 9 and Level 10. The same, therefore, should be merged to Level 10.
Residency periods have been prescribed by the DOPT for promotion from one grade to another vide OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09. No need to say that the same have been prescribed by DOPT with due diligence and application of mind. The officers should, therefore, be granted functional or non-functional upgradations on completion of residency periods as prescribed by DOPT.

The CBEC has also recommended for the grant of a Grade Pay of Rs. 5400/- in PB3, next promotion to STS, NFU, flexible/dynamic promotion/complementing scheme etc. for Central Excise Superintendents and merger of Level 9 & 10 & uniform promotional hierarchy across the Ministries/Departments of Central Govt. The representation of All India Association of Central Excise Gazetted Executive Officers representing Central Excise Superintendents and promotee Group ‘A’ officers of Central Excise is also enclosed alongwith recommendations of CBEC and other enclosures for favourable consideration mentioning some more additional points like at least 40% increase in pay & allowances, weightage of Group B service, higher salary for revenue officials etc. No need to say that they are always collecting the govt. revenue above the set targets. The grant of job-satisfaction to them shall increase the govt. revenue and efficiency of tax administration in multifold way. 

All out efforts are required from all

Dear friends,
1. Sh. Dharambir Singh, the Hon’ble Member of Parliament, has written a very nice letter (sent to every unit as well as office bearer) for us to the Hon’ble FM. He’ll also go to the FM to pursue our cause. Thanks a lot to him.
            All are requested to approach the VIPs and get written such letters to FM/PM. If we are able to get at least 50 of such letters, the scenario may change for us. We have got the things half-cooked for us by our CBEC, now we have to get the same full-cooked by our all-united efforts. This time will not come again. So friends, kindly be active and use your relations for career prospects vs. self-respect instead of merely some vested interests.
2. During my visit to our Aurangabad, Indore, Nasik and Raipur units recently, I got a very motivating response. Our Aurangabad unit was of the view that monthly subscription should be increased even to the tune of Rs. 1000/- per member to fight the legal cases and other causes of the cadre. Not only it, they were of the opinion that we also should occasionally collect legal funds to the tune of at least Rs. 1000/- per member with option for willing officers to give more. Salute to their spirit. They also opined that the officers from all over the country should gather at Delhi in uniform with maximum participation to press our demands under the programme of Satyagraha. Their idea really appealed to me too. This will really give an impact when public and press will see the uniformed officers observing Satyagraha.
3. The officers present in the meeting immediately collected Rs. 1000/- each at Raipur and handed over to the Association Rs. 25000/- as instant help for legal fight. They have also promised to send more. Salute to them. It is worth to note that the subscription dues of our Raipur Units are also always kept cleared.
4. Our Guntur Unit also sent Rs. 40000/- recently which include the expenses (around 75%) of Guntur visit of All India Body and legal funds (around 25%). Salute to them.
5. Sh. Ajay Malik of our Meerut Unit also donated Rs. 10000/- recently on individual basis for legal fight. It is second time that he has helped the Association with Rs. 10000/-. Great salute to him.
            So friends, it is the time to be united by TAN, MAN and DHAN.

Ravi Malik.

Friday, 13 May 2016

Relaxing norms, the government today allowed central government employees to take advance four months ahead of commencing journey under Leave Travel Concession (LTC) rules.

A government employee gets reimbursement of tickets for to and fro journey, in addition to 10 days leave encashment, when he avails LTC.
The existing rules allow an employee to draw advance for LTC journey for himself and his family members 65 days before the proposed date of the outward journey.
Since, the Ministry of Railways has decided to increase the advance reservation period for booking accommodation in trains from 60 to 120 days (excluding the date of journey) with effect from April 1 2015, the time-limit for drawable of LTC advance by the government servants may be increased from 65 days (i.e. two months and 5 days) to 125 days (i.e. four months and five days) in case of journey by train, the Office MemorandumF.No.31011/8/2015-Estt (A.IV) issued today by DoPT said.
The cases where the LTC journey is proposed to be undertaken by other modes of transport viz air, sea or road, the time-limit for drawing LTC advance shall remain 65 days only, it said.
In all the cases, where an advance is drawn for the purpose of availing LTC, it will be mandatory for the government servant to produce the outward journey tickets to the competent authority within ten days of drawable of advance in order to verify that he has actually utilised the amount to purchase the tickets, the order said.
There are about 50 lakh central government employees at present.
In another order, employees have been asked to compulsorily avail catering facilities provided by the Railways on Rajdhani and Shatabdi trains and the cost is included in the ticket.
The move comes after several references were received seeking clarification regarding the admissibility of catering charges charged by the Railways in respect of the rail journey performed by Rajdhani or Shatabdi on LTC.
The matter has been examined in consultation with Department of Expenditure, Ministry of Finance and it is clarified that if the government servant has to compulsorily avail the catering facility and the cost is included in the rail fare for Rajdhani, Shatabdi or Duronto trains, the fare charged shall be reimbursable in full as per the entitlement or eligibility of the government servant, the order added.

Posting of Association office bearers

President:                                          Address for communication:                                  Secretary General:
R. Chandramouli                        240, Razapur, Ghaziabad-201001 (U.P.)                                      Ravi Malik
Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in    Mob. 09868816290
Vice Presidents: P. Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N. Raman, G. Srinath (South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand Kishore, J. S. Iyer (Central); R. K. Solanki, Ashish Vajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East); Jasram Meena, M. K. Mishra (West) Office Secretary: C. S. Sharma Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan Kumar
(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. 59/TP/16                                                                          Dt. 12.05.16
Ms. Vanaja N. Sarna,
Member (P&V), CBEC,
North Block, New Delhi.

Sub: Posting of office bearers at Headquarters office-request reg.
            Kindly refer to the CBEC letter No. 35017/01/2014-Ad.III B Dt. 29.01.14 and the Govt. of India, Ministry of Home Affairs/DOPTO.M. No.23/3/69-Estt(B) dated 8-4-1969 to post three office bearers of Association at Hqrs office (enclosed).
            2. It is submitted with due regards that the General Secretaries/Chief Executives of the affiliated units of the Association are being displaced from the Hqrs. For example, the General Secretaries of Guntur, Indore, Rajkot, Kanpur etc. units of the Association have already been transferred out of Hqrs during the AGT orders of the current year despite of the guidelines of CBEC/DOPT to keep them at Hqrs.
            3. It is also worth to submit that all of the above office bearers have been transferred to other Commissionerates/rganization having separate Associations with another set of office bearers. Their transfer will totally hamper the association welfare activities in their parent Commissionerates/Zones.
            4. In view of the above, it is requested to retain the respective General Secretary/Chief Executive alongwith two more office bearers of the concerned Staff Association at the Hqrs of the parent Commissionerate/Zone itself enabling them to look after staff welfare activities relating to the Association by being in regular touch of the administrative authorities at Hqrs.
            Thanking you,
Yours faithfully,

Encl: As above.


Secretary General.