" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO.

Thursday, 1 December 2016

Chennai CAT case

Dear friends,
namaste.
Chennai CAT case was posted for 30.11.16 instead of 01.12.16 by mistake of registry office. ASG was out of station. Our advocate argued but judge posted it to 7.12.16. We met govt. counsel & also visited ASG office on 30.11.16. Also met again our advocate in the evening. On our pursuance, govt. counsel tried to get case preponed by mentioning on 01.12.16 but only single judge was present in bench, so not heard.
Love,
Ravi Malik.

Black badges on 07.12.16

Dear friends,
good morning.
Kindly don't forget to bear black badges on 07.12.16 regarding promotions, pay matters, career prospects etc. Please communicate to each other in every office of in-station & out-station. Programme is being observed by ALL CADRES (except direct group 'A') of Central Excise, Customs, Service Tax & INCOME TAX throughout the country. Please purchase a black ribbon, cut it into 3-4 inch pieces & put on your front or shoulder and distribute among others too. It should be visible to authorities wherever & whenever you go to them throughout the day. Please follow the programme seriously. No need to say that the Central Excise as well as Income Tax promotee group 'A' officers are also the member of the Association. Even otherwise, ad-hoc officers are always the member of parent cadre until regularised.      
Love,
Ravi Malik.

Friday, 25 November 2016

HRD meeting

Dear friends,
namaste.
As already circulated, a meeting was held in HRD today on 25.11.16 under the Chair of the DG, HRD. Submissions made during the meeting are as below-
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
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. SharmaTreasurer: 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. 202/AIB/P/16                                                                          Dt. 25.11.16
To,
The DG, HRD,
CBEC, New Delhi.
Sub: Solution to various bottlenecks in timely promotions.
Sir,
            Kindly refer to your office OM issued vide F.no.8/B/291/HRD(HRM)DPC/HAG+/2016 Dt. 15.11.16.
            2. It is submitted with due regards that only way to affect timely DPCs is to follow the schedule prescribed by the DOPT in strict manner without any deviation. No need to say that DPC for a financial year should strictly be conducted in advance latest by the month of January preceding the relevant financial year.
3. Further, no need to say that CBEC has regularly been failing to conduct the timely DPCs particularly for the post of Asstt. Commissioner despite of repeated reiterations by the DOPT to adhere with the prescribed schedule. The latest DOPT OM issued vide No. 22011/1/2011-Estt(D) Dt. 27.10.16 is very much relevant in this regard asking for strict compliance of the instructions regarding timely convening of the DPCs. It is further submitted that the DPCs are being terribly delayed in CBEC despite of the DOPT instructions to fix the responsibility of the concerned officer for the lapse in adherence to the prescribed time frame in holding of DPCs under the DOPT OM No. 22011/9/98-Estt. (D) Dt. 14.12.2000. Non-serious attitude of the concerned section is very well evident by the following figures showing tremendous delay in the matter -
     Year of DPC                    Due in                      Conducted in                         Delay
        2010-11                      January, 10                      June, 12                              2½ years
        2011-12                      January, 11                      June, 12                              1½ years
        2012-13                      January, 12                      March, 14                           2¼ years
        2013-14                      January, 13                      October, 14                         1¾ years
        2014-15                      January, 14                     still awaited           already around 2¾+  years
        2015-16                      January, 15                     still awaited           already around 1¾+ years
        2016-17                      January, 16                     still awaited           already around ¾+ year
4. Moreover, promotions for the post of Asstt. Commissioner are being affected on ad-hoc basis in the CBEC. As per para 3(i) of DOPT OM 28036/8/87-ESTT. (D) Dt. 30.03.88, these ad-hoc promotions may be affected even in the case of any legal stay/injunction. No need also to submit that shortage of the officers at the level of Asstt. Commissioner would certainly have the adverse effect on the implementation of GST. So, all of the vacant posts of Asstt. Commissioner may kindly be filled up immediately as per the above referred OM Dt. 30.03.88 of DOPT at least on ad-hoc basis.
5. As far as bottlenecks in r/o number of posts are concerned, the only way is to create sufficient number of posts to grant functional promotions to the officers. It is worth to mention that our counterparts of CBDT, CSS, Customs etc. in our Department of Revenue itself are already reaching the level of Commissioner/Addl. Commissioner and Director/Joint Secretary after getting 5/6 promotions. In our own CBEC, the Examiner of Customs of the year 1984 belonging to the same cadre of Inspector has already become the Addl. Commissioner years ago whereas the Central Excise Inspector of 1983 is still to become Asstt. Commissioner. If CBEC is unable to create sufficient number of posts, the next way is to promote our officers to the next post on completion of 1½ times of residency period/qualifying service based on the precedent of Section Officers of CSS who were promoted to the post of Undersecretary (STS post) on completion of1½ times of residency period in 1999 on in-situ basis. It may also be noted that the officers of CSS are being promoted upto the level of Joint Secretary on in-situ basis for the want of functional posts.
6. Under the latest cadre restructuring, the cabinet 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 in this direction. Accordingly, the other way is the creation of a separate service for these officers on the lines of CSS for solution of bottlenecks in promotions in r/o number of posts. It may kindly be taken care of that only 3% posts (maximum) may be utilized for direct recruitment as per the latest DOPT guidelines and rest of the posts (after adding sufficient number of more posts)  be utilized for promotee officers by creating a separate service for them. It will not only open the career opportunities for promotee officers but will also protect the stature of direct entry IRS officers.
7. One more way is to formulate supplementary flexible/dynamic promotions scheme for promotee officers as was done in the case of Scientists and Drivers by the Govt. of India. One more effective way is to grant at least in-situ promotions to Central Excise executive officers on completion of the standard residency period as prescribed by the DOPT. As another option, these officers may kindly be granted NFU on completion of standard residency period as prescribed by the DOPT for promotion to next grades. A scheme to grant NFU to give financial parity on batch to batch basis with the best placed counterparts of CSS etc. may also be formulated on the lines of granting financial parity to other group ‘A’ officers of the organized services with the counterparts of IAS. Such scheme was also recommended to DOPT and then to pay commission by the CBEC but, very unfortunately, the CPC kept mum on the issue.
8. As far as the ratio system is concerned, this has not been mandated by the DOPT (para 1.1.1 of seniority instructions) in case of the number of promotional posts being too less as in our case where promotional posts are no way more than 4% for the entry into group ‘A’. No need to say that the number of promotional posts are always considered too less, if less than 33% of the feeder posts.  In such case, the promotions are to be affected based on the length of service in consonance of DOPT provisions. So, the 13:2:1 ratio system should be replaced by the length of service, i.e., senior in terms of length of service should be promoted first. No need to say that Supreme Court in order of 03.08.11 directed the CBEC to frame the RRs for just & fair representation of each category and abide the same to all ad hoc promotions but, unfortunately, the same has not been done till date. Supreme Court, thus, clearly founded that the existing RRs based on ratio system were faulty. Accordingly, all the promotions made since 1980 should have been reviewed as per the new RRs framed for just & fair representation based on the length of service as mandated by DOPT under above referred para 1.1.1. No need to say that no just & fair representation was attained based on new RRs framed by CBEC unilaterally.
9. It is also worth to submit that 2118 posts of temporary Asstt. Commissioner were created purely to remove the stagnation of stagnated officers. No need to say that the Central Excise officers are the most stagnated among all of three streams. Therefore, the benefit of these posts should first be given to the officers of Central Excise stream and then to Customs Preventive stream until all of three streams come at par in the matter of promotions till the ratio formula is being forced on us.
10. As far as the process of regularization is concerned, the following things have not been taken care of-
i) The direct recruit and promotee IRS officers of same year have not been placed together. Suppose 20 direct recruit and 80 promotee officers were there in a particular year, only 20 promotee officers have been adjusted against 20 direct recruit officers and rest of the promotee officers have been sent to lower positions of next years instead of placing them in the same relevant year. Contrary to it, junior direct recruit IRS of next year/s have been placed above them. Accordingly, senior promotee officers (promoted before the direct IRS officers of a particular year) should have been placed above junior direct IRS officers (recruited in later year/s). The officers yet to take birth can no way be placed above the already existing officers. Accordingly, all promotee officers of 2002 should also be placed above the direct recruit officers of 2003 as there was no direct recruitment in 2002.

ii) It is not confirmed whether one & the same formula has been adopted for the regularization of promotee officers of Appraiser stream and Central Excise stream. Association came to know that the names of retired officers of Appraiser stream have not been included for regularization whereas names of retired officers of Central Excise stream have been included placing these officers at gross loss. Accordingly, same formula should kindly be adopted for all of three categories.
11. One more point is to be taken care of. The service rendered as ad-hoc/temporary Asstt. Commissioner is to be counted for further promotions because the RRs of IRS very clearly include regular as well as temporary posts under the definition of ‘post’.
12. In view of the above, it is very much requested to give the due consideration to all of the above submissions accordingly.
Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Member (P&V), CBEC, North Block, New Delhi.
2) The Chairman, CBEC, North Block, New Delhi.
3) The Revenue Secretary, North Block, New Delhi.



(RAVI MALIK)
Love,
Ravi Malik.

Thursday, 24 November 2016

Meeting with MOS, DPC

Dear friends,
namaste.
                                                              Meeting with MOS
            A meeting was held with the MOS today. Following points were submitted to him. He called the Member (P&V) but she was on leave. Now, he will ask the report from Member (P&V) on our points as soon as she joins. Accordingly, he will call us again.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
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. SharmaTreasurer: 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. 186/AIB/G/16                                                                          Dt. 22.11.16
To,                                                                      
The Hon’ble Minister of State,
Ministry of Finance, Department of Revenue,
North Block, New Delhi.
Sub: Meeting under employee grievance redressal mechanism.
Sir,
            The following points are submitted with due regards for your kind consideration and due redressal (A bit details of every point are annexed as mentioned against the concerned point)-
            A. Immediate holding of DPC for the year 2014-15, 2015-16 and 2016-17 for the post of Asstt. Commissioner in Central Board of Excise & Customs as our officers are regularly retiring without promotion despite of thousands of promotional posts being in hand (Annexure-I).
B. Initial pay scale to Central Excise Superintendent at par with DSP of CBI alongwith other perks & allowances etc. as feeder cadre of Inspector has already been placed at par in matter of pay scale (Annexure-II).
C. Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. on the lines of other Group ‘A’ cadres vs. IAS (Annexure-III).
D. Taking measures that no senior officer of Central Excise is forced to work under junior officer of Customs recruited in same cadre in the same organization of CBEC by granting parity in promotions (Annexure-IV).
E. Non-functional time scale in PB3 to Central Excise Superintendents like other counterparts instead of PB2 after 4 years of service (Annexure-V).
F. Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers of Central as well as State Governments (Annexure-VI).
G. Scheme to improve the career prospects of Central Excise Superintendents as our officers are retiring with single promotion in the service career of 35-40 years (Annexure-VII).
H. Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay (Annexure-VIII).
I. Retrospective implementation of pay scale of Central Excise Superintendents at par with NCB Superintendents who were the part & parcel of one & the same RRs having a common seniority list for being promoted to the common post of Asstt. Commissioner (Annexure-IX).
J. Implementation of para 7.15.24 of 6th CPC report in light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure (Annexure-X).
             K. Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS (Annexure-XI).
            L. Uniform promotional hierarchy for all Group ‘B’ officers (Annexure-XII).
            M. Upgradation on completion of residency periods as prescribed by DOPT for grade to grade promotions (Annexure-XIII).
            N. Merger of Level 9 and 10 (Annexure-IV).
                              Thanking you,
Yours faithfully,
                                                                                                                                                    
 (RAVI MALIK),
Secretary General.

Annexure-I
               A. Immediate holding of DPC for the year 2014-15, 2015-16 and 2016-17 for the post of Asstt. Commissioner in Central Board of Excise & Customs as our officers are regularly retiring without promotion despite of thousands of promotional posts being in hand: It is requested to kindly direct the CBEC to take immediate steps to update the DPCs as the CBEC has conducted the DPC only upto 2013-14 for the post of Asstt. Commissioner. The DPCs for the years 2014-15, 2015-16 and 2016-17 should have been conducted in the month of January-14, January-15 and January-16 respectively. It is also worth to submit that 2118 posts of temporary Asstt. Commissioner have been created merely for 5 years for the promotions of the promotee officers only, out of which around 3 years have already expired and our officers are forced to retire without promotion despite of thousands of promotional posts being in hand.
               No need to submit that shortage of the officers at the level of Asstt. Commissioner would certainly have the adverse effect on the implementation of GST. It is further submitted that the promotions are to be affected on ad hoc basis. As per para 3(i) of DOPT OM 28036/8/87-ESTT. (D) Dt. 30.03.88, ad hoc promotions may be affected even in the case of any legal stay.
(RAVI MALIK),
Secretary General.

Annexure-II
B. Initial pay scale to Central Excise Superintendent at par with DSP of CBI alongwith other perks & allowances etc. as feeder cadre of Inspector has already been placed at par in matter of pay scale: New higher responsibilities of judicial and technical nature were conferred upon Central Excise Superintendents vide Circular No.  922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10. Very recently, their responsibilities have again been increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC. No need to say that increased/higher responsibilities are always directly linked with the increased/higher pay scales. But very unfortunately, the responsibilities of these officers are on regular increase without any increase in their salary. They have also been conferred with new higher technical/scientific responsibilities of ACES since 2010. The claim of Superintendents becomes even stronger on account of recording statements like a Magistrate under Section 14 of Central Excise Act & Section 108 of Customs Act having validity even before Supreme Court. Not only it, Adjudication Orders are also being prepared by them for Commissioner level officers.  No such responsibilities have been conferred upon any counterpart of them including CBI or IB or accounts & audit. They are also conferred with the new additional responsibilities every year in the Finance Bill (Budget). They will again be conferred new and very important responsibilities under GST.
            B (ii). Despite of the admission by Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt. 08.12.08 that the pay scale of Central Excise Superintendent was enhanced to grant them parity with DSP of CBI/DCIO of IB (analogous counterparts of Central Excise Superintendent), Central Excise Superintendent was not given the said parity and was granted merely a lower pay scale of Rs. 7500-12000/- instead of Rs. 8000-13500/- or equivalent (pay scale of DSP of CBI/DCIO of IB). 
B (iii). Govt. enhanced the pay scale of DSP of CBI without recommendations of CPC considering them as Police Organisation. However, Hon’ble CAT of Jabalpur in order of OA 45/2000 didn’t agree to consider them as Police Organisation, whereas Special Police Establishment (Executive Staff) Recruitment Rules and CBI Recruitment Rules, 1987 consider department of Central Excise as a Police Organisation. Section 21 of Central Excise Act and Section 53 of NDPS Act confer powers of Officer-in-­Charge of Police Station on Central Excise officers. The Central Excise personnel are also deployed on International Airports, International Sea Ports and International borders side by side with Army, BSF, CRPF and ITBP. These personnel have suffered heavy casualties while dealing with trans-border criminals and countering with dreaded smugglers.  Also as per the OM issued vide F. No. 8/B/90/HRD (HRM)/2011 (Part-I)/4853 Dt. 21.10.14 and No.C.30013/11/2011-Ad.IV.A Dt.02.08.13 of CBEC/the Govt. of India, the Central Excise Superintendents perform their duties in the nature and style of ‘Military’ and ‘Navy’ being uniformed officers bearing “Ashoka Embelem”.
            B (iv). For a pay increase of mere Rs. 200/-, Central Excise Inspector (GP 4600/-) has to wait for 18 years on an average (even upto 25 years in stagnated zones) before being promoted to the post of Superintendent with a Grade Pay of Rs. 4800/- in PB2. Whereas in case of CBI/IB, analogous Inspectors are being promoted to the post of DSP/DCIO with a Grade Pay of Rs. 5400/- in PB3.
          B (v). The Inspectors (feeder posts) of Central Excise and CBI/IB have already been placed at par in a grade pay of Rs. 4600/- but promotional posts, i.e., Central Excise Superintendent (GP-Rs. 4800/-) and Deputy Superintendent of CBI/DCIO of IB (GP-Rs. 5400/- in PB3) are yet to be placed at par. Till 7.2.1996, the pay scale of both promotional posts (Central Excise Superintendent and DSP of CBI) was same, i.e., Rs. 2000-3500/-. Govt. of India vide OM
No. 245/23/95 – AVD-II Dt. 08.02.96 of DOPT enhanced the pay scale of DSP of CBI to Rs. 2200-4000/- retrospectively w.e.f. 01.01.86 without any increase in their responsibilities. Thus, it is gross injustice not to bring the promotional posts (Central Excise Superintendent and DSP of CBI) at par particularly when the govt. (department of expenditure) also admitted that pay scale of Central Excise Superintendent was enhanced to Rs. 7500-12000/- to grant them parity with the DSP of CBI/DCIO of IB. It is also worth to submit that the Expenditure Department had already agreed principally to grant a grade pay of Rs. 5400/- in PB2 vide UO No. 6/37/98-IC Dt. 24.11.14 of Ministry of Finance (Exp.) to Central Excise Superintendent in consonance of the para 7.15.24 of the report of 6th CPC to grant parity with Chief Enforcement Officer but not implemented on the pretext of the setting up of the 7th CPC. The pay scale of Chief Enforcement Officer, analogous counterpart of Central Excise Superintendent, under the department of Revenue itself was also enhanced without recommendations of CPC and they are being paid 25% extra salary per month also without the recommendations of CPC. DSP of CBI etc. are also being paid 25% per month extra salary and also 13 months salary in the year. 
            B (vi). The plea by Central Excise Superintendents for grant of GP of Rs. 5400/- in PB3 has been turned down stating that it is group ‘A’ entry scale. 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. 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 and get next promotion to same post in grade pay of Rs. 6600/-. It is also a fact that  pay of any Assistant Commissioner (direct) will always be less than a Superintendent on account of acute stagnation at Inspector and Superintendent levels. Accordingly, there should not be any problem to place Central Excise Superintendent in the Grade Pay of Rs. 5400/- in PB3. This problem may, however, also be solved by promoting the Superintendent directly to STS post like most of the other counterparts or even making the group ‘A’ entry at Grade Pay of Rs. 6600/- (Level 11 in 7th CPC report).
            B (vii). Grant of the pay scale at par with the analogous counterparts of CBI, IB etc. to all Group ‘B’ gazetted executive officers in CBEC including the Central Excise Superintendents, Customs Superintendents and Customs Appraisers will involve a negligible financial implication merely to the tune of around Rs. 18 crore particularly when they are earning the revenue always above the set targets regularly every year. They have earned the revenue to the tune of Rs. 7,07,000 crore for the year 2015-16 which is above the set target by Rs. 5000 crore too. It is also worth to submit that only a negligible amount of around 80 paise is being incurred to earn Rs. 100/- by these officers despite of being faced the worst pay packages and also the worst career prospects. No need to say that the revenue collection and efficiency in tax administration would increase many times, if these officers are made job-satisfied regarding their pay matters and career prospects.  
               B (viii). In view of the above, it is requested to place Central Excise Superintendent at least under a grade pay of Rs. 5400/- in PB3. The CBEC has also recommended for the grant of a Grade Pay of Rs. 5400/- in PB3 for Central Excise Superintendents to Revenue Hqrs and also to give them next promotion in STS vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
(RAVI MALIK),
Secretary General.

Annexure-III
C. Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. on the lines of other Group ‘A’ cadres vs. IAS: 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, CSS etc. are easily being promoted to 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 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) years ago 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. Central Excise Superintendents are getting salary even less than the pension of their counterparts.
C (ii). All organised group ‘A’ officers recruited with IAS,  the best placed group ‘A’ service, in the same pay scale through common entry have been granted financial parity with  counterparts of IAS in the form of non-functional financial up-gradation (NFU) vide DOPT OM No. AB.14017/64/2008-Estt.(RR) Dt. 24.04.09 to compensate lack of promotions as compared to IAS. This scheme was introduced for group ‘A’ officers to compensate financial loss in comparison to counterparts of IAS. Particularly keeping in view the extraordinarily acute stagnation of Central Excise Superintendents and Inspectors, a proposal for grant of non-functional financial up-gradation to grant them financial parity with the counterparts of CSS was approved and recommended to DOPT by the CBEC. But DOPT without going into the merits returned the proposal simply saying that NFU was recommended only for Group ‘A’ organized service by the VIth CPC.
C (iii). This NFU was also recommended for our officers to the VIIth Pay Commission by the CBEC vide F. No. 8/B/70/HRD (HRM)/2014 Dt. 16.01.14 but, unfortunately, the CPC kept mum on the issue despite of being agreed in Jodhpur meeting.
C (iv). It has again been recommended by CBEC to the Revenue Hqrs for Central Excise Superintendents and Inspectors vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
             C (v). In view of the above, it is requested that the Central Excise Superintendents may also kindly be granted non-functional financial up-gradation to grant them at least financial parity with their best placed common entry counterparts of CSS etc. (recruited in the same pay scale through common entry examination) after entry into Group ‘B’ or equivalent grade.
(RAVI MALIK),
Secretary General.

Annexure-IV
               D. Taking measures that no senior officer of Central Excise is forced to work under junior officer of Customs recruited in same cadre in the same organization of CBEC by granting parity in promotions: The officers recruited as Central Excise Inspector are forced to work under the extreme junior officers recruited as Customs Examiner in the same grade/cadre of Inspector through same process in the same organization of CBEC with same administrative hierarchy and nature of job under the same Department of Revenue of the same Ministry of Finance. It is requested to kindly undo the discrimination by bringing them at par maintaining the relative seniority in accordance of their initial recruitment without reverting back the Customs side officers. Instead, our officers may kindly be brought at par with them in promotions by promoting to respective levels. We wish Customs side officers to get even more promotions but we also request that we also be made at par with them being belonged to the same cadre and also recruited through common process. It is again worth to submit that 1984 Examiners have already become Addl. Commissioner (5 promotions) and shall become Commissioner soon whereas 1984 Central Excise Inspectors are still to become Asstt. Commissioner (only 1 promotion) and shall retire from same level.

(RAVI MALIK),
Secretary General.

Annexure-V
E. Non-functional time scale in PB3 to Central Excise Superintendents like other counterparts instead of PB2 after 4 years of service: Time scale has been granted in PB3 to other counterparts of Central Excise Superintendents including CSS, CSSS, Railways, MPA, MEA, DANICS, DANIPS, Railway Board etc. since 1996 while it is merely in PB2 for them, that is too since 2006.
E (ii). Central Excise Superintendents were placed in pay scale of Rs.7500-12000 w.e.f. 21.04.04 while officers of CSS & CSSS etc. were placed in equivalent scale w.e.f. 01.01.06 justifying stronger claim for Superintendents for time scale in PB3 with higher grade pay than the officers of CSS and CSSS w.e.f. the date of grant of same to the officers of CSS & CSSS.
E (iii). The claim of Central Excise Superintendents becomes even stronger on account of judicial responsibilities conferred upon them to adjudicate relevant cases and recording statements like a Magistrate under Central Excise Act & also Customs Act having validity even before Supreme Court. Not only it, Adjudication Orders are also being prepared by them for Commissioner level officers. No such responsibilities have been conferred upon any other counterpart of them. They are also conferred with technical & scientific responsibilities under ACES.
E (iv). It is also worth to submit that the pay scale of the Assistants & Section Officers etc. of CSS was enhanced to grant them parity with Inspectors & Superintendents of Central Excise {F.No. 61(128)/E.III(B)/2012 Dt. 08.08.13}. Now, it is discriminating not to grant the time scale in PB3 to the Central Excise Superintendents at least at par with the Section Officers of CSS, CSSS etc. w.e.f. 01.01.96.
            E (v).  It is, therefore, requested to undo the said discrimination by granting a time scale of Rs. 5400/- (or 6600/-) in PB3 to the Superintendents w.e.f. date of grant of same to officers of CSS & CSSS.

(RAVI MALIK),
Secretary General.

Annexure-VI
F. Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers of Central as well as State Governments: 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.
F (ii). So, it is requested that Central Excise Superintendents may also kindly be promoted directly to a STS post. They may further be promoted to the post having a Grade Pay of Rs. 8700/- (like CPWD where group ‘A’ direct entry is also in a GP of Rs. 5400/- in PB3 like CBEC) from STS post keeping in view their extraordinarily acute stagnation. It is also worth to submit that the posts in GP of Rs. 5400/- & 6600/- and Rs. 7600/- & 8700/- are functionally same. This point of promotion to STS was also appreciated and agreed by the Pay Commission in Mumbai hearing but not recommended. Direct promotion to STS has also been recommended by CBEC to the Revenue Hqrs vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
               F (iii). The weightage of service rendered in group ‘B’ gazetted may also kindly be given to Central Excise Superintendents by granting seniority at least of 1 year for every 3 years at the time of entry into group ‘A’ particularly on account of acute stagnation being faced by them. This weightage of group ‘B’ gazetted service was also recommended by IIIrd CPC and already exists for group ‘B’ gazetted officers entering into All India Services on promotion. It is reiterated that group ‘B’ officers (GP-Rs. 4600/-) and direct entry group ‘A’ officers (GP of Rs. 5400/- in PB3) both are promoted to same post in the grade pay of Rs. 6600/- in CPWD giving weightage of service to group ‘B’ officers. The grant of this weightage is also needed for Central Excise Superintendents on account of being stayed on the group ‘B’ post for the longest period because of being the most stagnated cadre.                                                         
                                                                                                                           (RAVI MALIK),
Secretary General.

Annexure-VII
               G. Scheme to improve the career prospects of Central Excise Superintendents as our officers are retiring with single promotion in the service career of 35-40 years: Our officers are retiring with single promotion on a PB2 post whereas our counterparts are easily attaining PB4 levels. The Group ‘B’ Gazetted officers of ours join the job as Inspector (Group ‘B’ Non-Gazetted) and retire as Superintendent after getting only one promotion during the entire service career of 35-40 years barring 1% whereas other common entry counterparts including CSS and CBDT under the same Department of Revenue of same Ministry of Finance are getting 5 to 6 promotions upto the level of Joint Secretary/Commissioner after being recruited through one and the same process in the same grade. The matter was raised before the Cabinet Secretary and he was pleased to recommend to the Cabinet to bring the measures to remove the stagnation of our officers independent of cadre restructuring which was duly approved by the Cabinet but no step has been taken till date even after expiry of about 3 years. There is no change in the scenario regarding our career prospects despite of the repeated requests and representations made to the administration. Gross injustice is being done to our officers despite of being instrumental with full dedication & commitment to collect the biggest portion of Govt. revenues always above the set targets. It is requested to kindly bring the scheme accordingly to enable our officers also attain PB4 levels. Temporary posts of Asstt. Commissioner created in the cadre restructuring are also unable to do the desired good for our officers, that’s why the Cabinet approved to bring measures independent of cadre restructuring on the issue of stagnation. These temporary posts will only enable to get around 4% of our officers get JTS post without any right for further promotions.
G (ii) It is reiterated that the Cabinet/CRC/Cabinet Secretary recommended to take extra measures to remove the stagnation of group ‘B’ Central Excise executive officers independent of cadre restructuring. But very unfortunately, no measures have been taken till date to remove the stagnation of group ‘B’ executive officers in CBEC despite of the recommendations of Cabinet/CRC/Cabinet Secretary. A scheme is, therefore, required to be formulated enabling Central Excise Superintendents and Inspectors also entered into PB4 levels (at least a Grade Pay of Rs. 8700/-) like the common entry counterparts of CBDT, CSS, Customs etc. as Central Excise Superintendents are getting salary even less than the pension of their counterparts. This can be done by introduction of flexible/dynamic promotion/complementing scheme. This scheme was introduced for the Scientists in the Department of Science & Technology to remove their stagnation. Benefit of this scheme has also been given to Drivers.
G (iii). It is reiterated that the 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, 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 & the same cadre of Inspector and recruited through one & same process under one & same organization of 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).
G (iv). In view of the above particularly considering their extraordinarily acute stagnation, it is requested that the Central Excise Superintendents may kindly be granted-
(a) At least 5 in-situ promotions in standard uniform promotional hierarchy across all Ministries/departments of Govt. of India (as mentioned under the forthcoming point of uniform promotional hierarchy) of functional promotions under flexible/dynamic promotion/complementing scheme or
(b) In-situ promotions/non-functional upgradation on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector.
G (v). The introduction of this scheme for Central Excise Superintendents was also agreed by the Pay Commission in Delhi and Jodhpur meetings but not recommended. The CBEC has also recommended this scheme to Revenue Hqrs for removal of alarming stagnation of Central Excise Superintendents and Inspectors vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
(RAVI MALIK),
Secretary General.

Annexure-VIII
               H. Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay: This circular was issued based on the orders of Jabalpur CAT for the payment of arrears of pay to our officers at par with the CBI Inspectors w.e.f. 01.01.86 but the same is still unimplemented. It is requested to kindly direct the CBEC to implement the same immediately. Unfortunately, no action is being taken despite of repeated assurances given by the administration. It is also worth to submit that Jabalpur CAT never said to consult the Expenditure Department. Hon’ble CAT simply ordered to place the officers of Central Excise under the pay scale of the officers of CBI since 01.01.1986, if pay commission recommends similar pay scale for both of the categories.
(RAVI MALIK),
Secretary General.

Annexure-IX
               I. Retrospective implementation of pay scale of Central Excise Superintendents at par with NCB Superintendents who were the part & parcel of one & the same RRs having a common seniority list for being promoted to the common post of Asstt. Commissioner: Superintendents of NCB and Central Excise were the part & parcel of one & the same RRs once upon a time having a common seniority list for being promoted to the common post of Asstt. Commissioner. Pay scale of Superintendents of NCB has been upgraded and they have also been granted time scale after 4 years of service based on the precedent of Central Excise Superintendent. But they have been granted retrospective benefit since 01.01.1996 in the matter of the enhancement of pay scale whereas Central Excise Superintendents have merely been given prospective benefit since 21.04.04. It is requested to undo the discrimination by placing Central Excise Superintendents in the same pay scale also w.e.f. 01.01.96 at par with the Superintendent of NCB.
(RAVI MALIK),
Secretary General.

Annexure-X
               J. Implementation of para 7.15.24 of 6th CPC report in light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure: The Chief Enforcement Officers, analogous counterparts of Central Excise Superintendent, under our own Department of Revenue were placed in the pay scale of Rs. 8000-13500/- without recommendations by CPC vide Order F. No. 1612612004-Ad.I.C dt. 04.10.05. The 6th  CPC under para 7.14.25 recommended to maintain parity between the post of Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. Subsequently, the post of Chief Enforcement Officer was re-designated as Assistant Director. The duties and responsibilities of Assistant Director (re-designated) of Enforcement Directorate are at par with the duties and responsibilities of the post of Central Excise Superintendent. The Central Excise Superintendents join in Enforcement Directorate as Assistant Director on deputation basis also. The competent authority in the Govt. of India (Department of Expenditure) has, however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise Superintendents on 21.11.14 considering para 7.15.24 of the report of VIth CPC but the lower authorities in Expenditure wrote finally vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7th CPC against the approval by the competent authority. It is really disappointing that the matter duly recommended by the 6th CPC has again been asked by these authorities to be sent to 7th CPC. It merely shows the willful hostile discrimination against Central Excise Superintendents by the lower rung authorities of Expenditure. It is requested to kindly undo the discrimination by implementing the para 7.15.24 of 6th CPC report in accordance of approval of 21.11.14 by Expenditure.                                                                                                            (RAVI MALIK),
Secretary General.

Annexure-XI
               K. Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS: It is requested to kindly undo the para 8.1 and offsetting of MACP upgradation with time scale and also grant the MACP benefit in the hierarchy of functional promotions particularly based on the various court verdicts. It is worth to submit that our officers are the worst hit category under MACPS as they were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS.
(RAVI MALIK),
Secretary General.

Annexure-XII
L. Uniform promotional hierarchy for all Group ‘B’ officers: The promotional hierarchy is varying department to department in the Govt. as under-
a) Somewhere Group ‘B’ Gazetted Officers are promoted to a Grade Pay of Rs. 5400/- in PB3 (CBEC, CBDT, Department of Posts etc.), whereas they are being promoted to a Grade Pay of Rs. 6600/- at other places (CSS, Railway Board, CSSS, CPWD, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.).
b) Somewhere Group ‘B’ Non-Gazetted Officers are promoted to a Grade Pay of Rs. 5400/- in PB3 (CBI, IB, Hindi departments etc.), whereas they are being promoted to a Grade Pay of Rs. 4800/- or Rs. 4600/- at other places (CBEC, CBDT, Department of Posts, CPWD etc.).
c) Somewhere promotional hierarchy is 4600à6600à8700 (CPWD etc.).
d) Somewhere promotional hierarchy is 4600à4800à6600à7600à8700 (CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.).
e) Somewhere promotional hierarchy is 4600à5400à6600à7600à8700 (CBI, IB, Hindi departments etc.).
f) Somewhere promotional hierarchy is 4600à4800à5400à6600à7600à8700 (CBEC, CBDT, Department of Posts etc.).
L (ii). So, promotional hierarchy after entry into group ‘B’ may kindly be made uniform for the sake of justice to all. Posts under grade pays of Rs. 5400/- & 6600/- and also Rs. 7600/- & 8700/- being functionally same, ideal promotional hierarchy for all after entry into Group ‘B’ should only be “4600à6600à8700à10000” on the pattern of CPWD. Officer may kindly be promoted, functionally or non-functionally, after the completion of residency period as prescribed by DOPT vide OM No. AB. 14017/61/2008-Estt. (RR) Dt. 24.03.09. It is 7 years for 4600/- to 6600/- and 10 years for 6600/- to 8700/- and further 3 years for 8700/- to 10000/- and so on.
  L (iii). This point of uniform promotional hierarchy was also appreciated and agreed by the Pay Commission in Mumbai hearing but not recommended. The CBEC has also recommended to Revenue Hqrs for the uniform promotional hierarchy across all the Departments/Ministries vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.

(RAVI MALIK),
Secretary General.

Annexure-XIII
M. Upgradation on completion of residency periods as prescribed by DOPT for grade to grade promotions: 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.
M (ii). It is, therefore, requested to grant at least non-functional upgradations/in-situ promotions on completion of residency periods as prescribed by DOPT under OM dated 24.03.09 to Central Excise executive officers after entering into Inspector grade particularly keeping in view their extraordinarily acute stagnation, if Govt. is unable to grant functional promotions to them. The officers may kindly be upgraded at least on completion of 1½ times of residency period (based on the precedent of CSS where all Section Officers completing 1½ times of residency period were promoted to the STS post of Under Secretary in 1999), if not on completion of prescribed residency period.
              M (iii). This point of upgradation on completion of residency periods prescribed by DOPT was also agreed by the Hon’ble 7th CPC in Delhi meeting but kept mum in the report.
(RAVI MALIK),
Secretary General.

Annexure-XIV
N. Merger of Level 9 and 10: 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, very unfortunately, the CPC has retained the same as Level 9 and Level 10.
            VI (ii). The same is, therefore, requested to be merged at Level 10. Merger of Level 9 and 10 has also been recommended by the CBEC to the Revenue Hqrs vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.

(RAVI MALIK),

Secretary General.
DPC
             I am regularly getting inquiries about conduction of DPC for the post of AC. Friends, this DPC has been stuck due to stay from Chennai CAT regarding seniority of Direct vs Promotee officers (Parmar case). As already intimated, I went to Chennai and an application for vacation of stay has already been filed by the Association as per the decision taken in last AEC meeting. One vacation application had already been filed by our officers of Bangalore zone/Bangalore unit as per the decision taken in last Associate Committee meeting. Customs officers have also filed one more vacation application.
          Our vacation petition was heard on 11.11.16 and again on 16.11.16. Now, CAT has ordered to pass final order on 01.12.16. Let's see what happens. I again intend to go to Chennai on 30.11.16 regarding this case. 
Love,
Ravi Malik.