Wednesday, 14 June 2017

Gandhidham Report



GANDHIDHAM ON 27.05.17 TO 28.05.17


         PRESIDENT:                              SECRETARY GENERAL:
     R. CHANDRAMOULI                                 RAVI MALIK
        Mob. 08939955463                                  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, AshishVajpeyi (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

GANDHIDHAM ON 27.05.17 TO 28.05.17
Dear friends,
            I feel honoured and take great pleasure in extending warm welcome to all of you who have come to this important gathering on the occasion of our 12th Convention and General Body Meeting to give us support and encouragement in our efforts in improving the prospects of all the Central Excise Gazetted Executive Officers posted throughout India. The report of the activities of our Association is being placed before you by me in my capacity as Secretary General. I am confident that you will go through the report critically and approve the same with your valuable observations so as to enable the future leadership of our Association to chalk out suitable action-plans and carry out activities accordingly for realizing the aspirations of our officers posted throughout India.
 2. I also congratulate and thank our Kutch Unit on behalf of the All India Association of Central Excise Gazetted Executive Officers for this excellently pleasing & beautiful arrangement. Very hopefully, this meeting would further strengthen our solidarity and unity giving all of us one more opportunity to interact with each other and give constructive suggestions in the common interest of the cadre. No need to say that our united efforts are the only key to our success as nothing is easy in the system for us without unity. I thank and congratulate whole Gujarat to have again this consecutive meeting after the last convention of Daman. Salute to the place of Baapu, the Father of Nation, our Mahatma Gandhiji.
            3. Despite of the fact that everything and every action of the All India Body have already been communicated through the electronic mails, whatsap & blogspot (Cengo India) of the Association, I have the privilege to submit this brief report as convention on behalf of the All India Association of Central Excise Gazetted Executive Officers under the forthcoming paragraphs. This Report is nothing but a report on behalf of the Committee and all members of the Association regarding collective & united efforts made by them in the common interest of the cadre. It has, therefore, been termed as the report of the existing body instead of the Secretary General's report.  
4. An Association can never function properly, if there is not a proper rapport and tuning among all the office bearers & members including President and Secretary General. All of them gave their full support to the Association and co­operated in each and every matter. Whatever happened during the tenure of the existing body, it was never possible without the unity, cooperation, contribution, coordination & commitment of all of them. I am personally thankful to all of them for their roles in the common interest of the cadre.
5. It's now time for a new Central Committee to take charge of the AIACEGEO.  Our ensuing Convention will elect a new Committee. We trust our Units will exercise their franchise astutely with foresight showing good judgment to elect new Committee. It has been a great privilege to champion the causes of cadre since November, 2014 when we were elected at the Daman Convention. I trust that the new body would not forget to pursue the existing issues in addition to new ones in the interest of the cadre of the Central Excise Gazetted Executive Officers.
6. An OA No. 2323/2012 was filed in the Principal Bench of CAT by the Association challenging the discriminating Group ‘A’ RRs and maintaining parity in promotions among three base categories (Inspector, PO & Examiner) of Inspectors, verdict against which has already been delivered by the Hon’ble CAT. The prayer in the OA was made for amendment/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. We have won the case and 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 not only the regional intra-Central Excise disparities will be removed but we will also get parity with our intra-organisational counterparts, if this order is implemented by the CBEC in right perspective.
7. We have also won a case in Allahabad High Court regarding Allahabad CAT case in which CAT had directed to give extra 58 posts of AC to Appraisers from Central Excise quota in regularization matter. CAT also observed that 125 posts of AC were also given less to Customs Superintendents in comparison of Central Excise Superintendents. Had these posts were given to them from Central Excise quota, we were at loss of posts in thousands during regularization on account of cascading effect of sharing huge number of posts with Customs from our quota as our officers enter into group A at fag end of the career.
 8. Allahabad CAT gave a verdict against us in a seniority case between Direct IRS and Promotee IRS (Customs Appraisers side) officers saying that 58 & 125 posts of AC have been given less respectively to the Appraisers & Customs Superintendents. This seniority list was claimed to be revisited 1980 onwards by Promotee IRS (Customs Appraisers side) officers. The case was challenged in Allahabad High Court by us by preparing the due case to be sent to the concerned advocate. Special thanks to Sh. Ashish Vajpeyi (General Secretary of Kanpur Unit & Joint Secretary of All India Body) as he incurred all expenses of this case on individual capacity for which a senior advocate demanded Rs. 6 lac initially from us and rest per hearing.
9. The existing body of the All India Association of Central Excise Gazetted Executive Officers took up various issues in the interest of the cadre during its tenure. Every step was taken for the success and bright future of the cadre whether relating to career prospects or pay matters or any other issues. As & when required, the cases of the individual units including the individual office bearers as well as members were also taken up on being asked by the concerned unit.
10. The cadre related issues were taken up by the All India Body at the various levels including HRD, the Members and Chairman of the Board, Revenue Secretary, DOPT Secretary, Expenditure Secretary, Cabinet Secretary, MOS of DOPT, MOS of Expenditure, MOS of Revenue, PMO & PMO Minister, Minister of Finance etc. having meetings with them and submitting the representations in person. It also includes the relevant correspondence made with the Hon’ble Prime Minister. PMO has already sought a report from CBEC on our issues including stagnation.
11. Various meetings were held with the pay commission including Mumbai, Jodhpur and Delhi. Special thanks to Sh. Harpal Singh (President of Meerut unit) who went with me to Jodhpur by driving the vehicle whole night from Delhi in a very stormy night on the ‘all of a sudden’ call from the Chairman of Pay Commission for an unscheduled meeting. All issues relating to our cadre were submitted to the commission during these meetings and we were assured as below-
i) Pay scale for us at par with the analogous post in CBI (DSP of CBI) etc.
ii) Grant of NFU at par with the best placed group B counterparts like CSS etc. or NFU after completion of the prescribed residency period at least to give financial compensation against the lack of promotions.
iii) Remove disparity between the officers of headquarters and field formations.
iv) Remove the anomalies of MACPS.
v) Remove the disparity of time scale.
vi) Promotion to STS.
vii) Uniform promotional hierarchy for group B officers across all departments/ministries of Govt. of India.
viii) Common allowances to all.
ix) Merger of GP of 5400/- in PB2 and PB3.
x) One Rank One Pension etc. 
But very unfortunately, the commission did nothing for us. It may be due to the reason that the report submitted by the commission was a dictated report as admitted by the Chairman of the commission after submission of the report.
            12. After the publication of the report of pay commission, a meeting was called by the CBEC inviting all associations to discuss on pay related issues. We got recommended the following issues to the Revenue Hqrs for consideration by empowered committee on pay matters-
i)  Pay scale for us at par with the analogous post in CBI (DSP of CBI) etc.
ii) Grant of NFU at par with the best placed group B counterparts like CSS etc. at least to give financial compensation against the lack of promotions.
iii) Promotion to STS.
iv) Uniform promotional hierarchy for all group B officers across all departments/ministries of govt. of India.
v) Merger of GP of 5400/- in PB2 and PB3.
vi) Minimum 5 functional promotions.
vii) Scheme to remove our stagnation etc.  
No need to say that such type of recommendations by CBEC have happened first time in the history of our cadre and the above recommendations of CBEC would help at least in our legal cases.
            13. We met with the nodal officer of department of Revenue, Implementation Cell and concerned Secretaries in Empowered Committee but the indication given everywhere was to implement the pay commission report ‘as it is’ saying that the represented cases would be considered later. Accordingly, our representation after meeting with DOPT Secretary was forwarded to the Revenue Department and to CBEC from Revenue Department which is now under consideration of the CBEC.
            14. DPC for the year 2015-16 was delayed due to court cases despite of hectic persuasions by the Association. Association made the best efforts to get it done but first it was delayed on account of legal cases on reservation in various courts and again due to stay on DPC in Bhartan case in Chennai CAT for implementation of Parmar case relating to the seniority. Our officers were retiring every month without promotion. So, Association had to get the stay vacated in the High Court of Madras without challenging the merits of the case of the applicants. There was also a delay in providing the requisite information including APARs, vigilance clearance etc. from the field formations. Finally, DPC was held in the month of February, 2017 and 732 of our officers were promoted to the post of Asstt. Commissioner on 23.02.17. Again congrats to all of the promoted officers.
            15. Promotions to the post of Superintendent were affected on ad hoc basis even against the regular posts at some of the places. The matter was taken up with the administration including DOPT. Accordingly, the DOPT clarified that ad hoc promotions are made only against short term vacancies, i.e., vacancies existing only for one year or less period. In accordance of it, the CBEC issued the clarification, so that benefit of time scale may be given to such officers after completion of 4 years of service.
            16. After the implementation of pay commission report, there was problem at some places to grant time scale to our officers after completion of 4 years of service. Matter was taken up with the CBEC and finally, order was issued granting benefit of time scale to our officers after completion of 4 years of service.
17. There is hardly a door which we haven't knocked in pursuit of solution to the chronic and extremely vexing problem of stagnation. We have not only submitted representations but also personally approached every concerned authority for removal of stagnation problem permanently. As we all know that the Cabinet recommended to bring some specific scheme independent of cadre restructuring to remove stagnation of our officers but very unfortunately, nothing has been done by the CBEC in that direction till date. However, the new Chairperson assured to bring the specific scheme for already stagnated officers as well as future generation in the very first meeting with her.  
18. There was every possibility that manpower would be reduced in GST era. The matter was taken up at every level with administration including ADG & DG of HRD, Member (P&V), Member (Service Tax), Chairman, Revenue Secretary, MOS, FM and PM. A combined forum was also formed with other associations on this issue. No need to say that our career prospects would have been affected very adversely, if any manpower cut was made under GST. Finally, we all were successful that no cut was made in manpower under GST.  
19. AIACEGEO got approved by the competent authority of Expenditure to implement para 7.15.24 of 6th CPC granting us an initial GP of Rs. 5400/- in PB2 to give parity with Chief Enforcement Officer but unfortunately, the lower rank officer of the level of Under Secretary said to send the same to 7th CPC. The issue was not sent to the 7th CPC by the CBEC because of being already settled by the 6th CPC. CBEC, therefore, forwarded our representation to the 7th CPC in which we sought the initial scale for our Superintendent at par with DSP of CBI, i.e., 5400/- in PB-3. It is surprising that the said US asked to send the issue to 7th CPC which was already recommended by the 6th CPC. The case is still being pursued with the Expenditure Minister alongwith other issues.        
20. The issue of arrears at par with the Superintendent of NCB is also being pursued and already got recommended to IFU. The pay scale of the Superintendents of NCB was enhanced to Rs. 7500-12000/- at par with us based on our precedence on 20.04.05 retrospectively w.e.f. 01.01.96 with arrears, whereas we were granted this scale prior to them on 21.04.04 only with prospective effect. It is clarified that the Superintendents of NCB were part and parcel of our RRs and seniority list being promoted to the same post of Asstt. Commissioner since very beginning under CBEC and were sent under control of Home Ministry in 2003 only. This case is also being pursued legally in Principal Bench of CAT.
21. One case is also being pursued legally for general implementation of Chandrasekaran case in Principal Bench of CAT. The reply of the Govt. in this case is still awaited.
22. A case is already on final stage in Principal Bench of CAT seeking a G.P. of Rs. 6600/- and G.P. of 7600/- after completion of 20 and 30 years of service respectively with full justification under MACPS.
            23. A case is also on final stage in Principal Bench of CAT seeking a Time Scale in PB-3 instead of PB-2 after 4 yrs of service for our Superintendents.
            24. One case is also being pursued legally for general implementation of Subramanium case in Principal Bench of CAT. We are also in touch with Inspectors Association regarding Subramanium case in the Hon’ble Supreme Court. Rejoinder of the Govt. in this case in Hon’ble Supreme Court is still awaited.
            25. A case seeking pay scale at par with DSP of CBI with arrears since 01.01.1986 for our Superintendents is also on final hearing in Cuttak CAT.
            26. Two cases, one in Cuttak CAT (on final hearing) and another in Jabalpur High Court (rejoinder filed by the petitioner, the Secretary General of Inspectors Association Sh. K. V. Shriniwas), are being pursued seeking arrears at par with CBI Inspectors since 01.01.86 for Central Excise Inspectors. These both cases will benefit our Superintendents as all the Central Excise Inspectors of that time have already become Superintendents.
27. All India Seniority List of Central Excise Superintendents upto the year 2011 is already under finalization after consideration of all representations on persuasion of the Association. After it, the seniority list for the remaining period will be prepared.
28. A committee was formed in PMO regarding our stagnation under the Chairmanship of Sh. P. K. Mishra, Addl. Principal Secretary to PM. The issues like pay scale, minimum 5 functional promotions, NFU, direct promotion to STS, merger of Level 9 & 10, uniform promotional hierarchy for group B officers across all departments/ministries etc. are being taken up with the committee.
29. One more committee was formed within CBEC on persuasion by AIACEGEO under the Chairmanship of Sh. Balesh Kumar, ADG, HRM, HRD. Issues like continuance of temporay posts of AC, earmarking of share of promotee officers upto level of Commissioner, no direct recruitment for a certain period in IRS & minimum direct recruitment of IRS every year by filling up remaining vacancies by promotion, merger of three executive streams at group B non gazetted as well as gazetted level and formulation of all India seniority list accordingly at Inspector level, benefit of past service at the time of entry into group A, scheme like NFU to benefit past as well as new generation etc. are being taken up with this committee.
 31. Various Satyagraha programmes were observed and also deferred as per the demand of the situation & circumstances very tactically in the interest of the cadre. We all, however, have to understand the importance of such programmes. These are the actual tools to achieve our aims, if observed effectively with completeness. The formal or weak approach in such matters never gives the result. This is the only way to resolve our issues in the least time and in the most effective manner. Without a strong agitation nothing can be gained by us. Hence, I appeal all of you to think seriously about conducting of a strong agitation in the interest of the cadre.
            32. All the units are requested to clear the subscription dues and also donate the maximum funds to the Association to be used for the various purposes. We should not forget that the funds play a very important and vital role to get the desired results. We should not be failed in our efforts at least for the want of funds. We have to remember that it’s our Association and only we have to support it with finance, nobody other will come to help us. No need to say that subscription dues are extraordinarily pending in many cases despite of the repeated requests to clear the same. 
33. The issue to strengthen the employee grievances redressal mechanism was taken up. The due circular has again been issued to the field formations by the CBEC to hold the regular meetings with the staff Associations to redress the grievances and send reports of the meetings to the CBEC.
            34. In the last, I alongwith all of the office bearers of AIB extend all of my thanks on behalf of the All India Association of Central Excise Gazetted Executive Officers to all of you attending the meeting after coming from every corner of the country. It is also worth to mention that all the actions and activities of the Association became possible only by the cooperation and support given by you all, all the units, all the office bearers including the regional/zonal ones and each & every member of the Association throughout the country. The SG being situated in Delhi itself also made the things convenient to meet the concerned authorities within no time on being called or without being called and pursue the various issues in the interest of the cadre in more amicable manner by meeting with the authorities even without appointment and also having unscheduled meetings. It is worth to note that the most of the times entering into the CBEC offices without prior appointment as unwanted guest to take up the issues relating to our cadre is not the culture of our CBEC authorities. Despite of it, every issue was taken up by meeting with the concerned authorities.
35. Before I conclude, I thank all the delegates with all of my regards & respect for having given me an opportunity to serve for the betterment of the cadre.
Wishing all the best to the Association and each one of you,
            With all of my loves & regards,

Gandhidham                                                                                                            (RAVI MALIK)
27th May, 2017                                                                                          Secretary General

“Long live our unity, solidarity and organizational integrity”


Thursday, 8 June 2017

Meeting with Member (Admn)

Dear friends,
Met today on 08.06.17 with the Member (Admn). Issues like DPC for the post of AC, promotion of officers who were left despite of being due, consideration of genuine transfer representations of recently promoted ACs etc. were raised. DPC issue is being resolved which is presently at halt due to Bhartan verdict given by Madras High Court on Parmar issue. Representations of the officers, who couldn't be promoted despite of being due, are being considered and opening of sealed envelopes is under process. Genuine representations of recently promoted ACs regarding transfer will be considered.
Ravi Malik. 

Tuesday, 6 June 2017

Meeting with JS, Admn

A meeting was also held with JS, Admn on 5.6.17 itself. Issues like DPC, transfer/posting of promotee ACs, promotions of officers (who were left) to post of AC, benchmark for MACP upgradation etc. were discussed. DPC matter is being expedited which is at halt due to Bhartan case of Madras High Court on Parmar issue. The cases of officers, who were left despite of being due, for promotion to the post of AC are under process. Genuine representations of promotee officers will be considered regarding transfer & posting. Issue of implementation of 'very good' benchmark for MACP upgradation with prospective effect  instead of  retrospective is under process.
Ravi Malik.   

Meeting with ADG, HRD

Dear frnds,
A meeting was held with ADG, HRD, HRM-I on 5.6.17. Issues like DPCs for the yr 2016-17 & 2017-18 for the post of AC, dislocation of staff on account of GST at various places, issuance of report of stagnation committee, NFU etc. were discussed. Parmar issue is being resolved for early DPC. Efforts will be made for minimum dislocation of staff as far as & wherever possible. Report of stagnation committee & NFU being expedited.
Ravi Malik

Saturday, 3 June 2017

Displacement of staff under GST

Dear friends, Namaste.
Abolishing of Commissionerates under GST at some places will result into mass displacement of staffside. The issue is being taken up with the administration. Concerned units are also requested to get the issue recommended to the concerned authorities by the concerned Chief Commissioner.

Friday, 2 June 2017



Thursday, 1 June 2017

Thnx to repose faith

Frnds, a lot of Thnx to evry member, evry Ofice bearer & evry unit of AIACEGEO to repose faith in me and elect me as Secretry Genrl of All India Body consecutivly for fourth term in d convention held at Gandhidham. No need to say dat now v al Wil work in d comon intrest of cadr in al United manner. Common intrest of al Centrl Excise Gazetd Executiv Oficers Wil b protectd & watched widout any bias irrespctiv of zone or unit throut d country. Regards, RAVI MALIK.