Monday, 24 April 2017
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 101/AIB/P/17 Dt. 24.04.17
The Joint Secretary (Admin), CBEC,
D/o Revenue, North Block, New Delhi.
Sub: Verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT.
Kindly refer to-
i) The verdict given in the subject mentioned OA No. 2323/2012.
ii) Ref. No. 35/P/17 Dt. 09.03.17 of the Association.
iii) Ref. No. 57/AIB/M/17 Dt. 20.03.17 of the Association.
iv) DOPT OM issued vide Dy. No. 1231293/CR/17 Dt. 29.03.17.
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. It is further submitted that 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.
4. In view of the above, it is requested to finalise 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 officers from humiliation of working under their juniors of Customs.
Tuesday, 11 April 2017
MINUTES OF THE MEETING OF NORTH ZONE REGIONAL COMMITTEE HELD ON 18.03.2017 AT C.R. BUILDING, NEW DELHI
The meeting of North Zone Regional Committee was held on 18.03.2017 in C.R. Building. The meeting was presided by the Senior Vice-President of North Zone Sh. Ravi Joshi.
The meeting started with the welcome address by the President. He requested the Secretary of North Zone Regional Committee, Sh. R.K. Solanki, to start the meeting as per agenda points.
Secretary of North Zone Reginal Committee requested the General Secretary of Delhi Unit, Sh. Ravi Malik (who is also Secretary General of AIACEGEO), to appraise the members regarding current position of agenda points.
Sh. Ravi Malik, General Secretary of Delhi Unit, informed in detail the issues in agenda points as under :-
Pay matters – After 7th Pay Commission, matter was taken up with the Board and they have recommended 6 issues to the Revenue Head Quarter for consideration -
(1) Pay Scale at par with Dy.S.P. of CBI i.e. initial pay scale in the G.P. of 5400/- in PB-3 (Level – 10).
(2) Next promotion in STS.
(3) Batch to batch NFU at par with CSS to compensate financial loss because we are not getting functional promotions equal to our counterparts.
(4) Uniform promotional Hierarchy across all departments/Ministries in Govt. of India for group B officers.
(5) Minimum 5 functional promotions.
(6) Merger of G.P. of 5400/- in PB-2 & PB-3 (Level-9 & Level-10).
He further informed that initial G.P. of 5400/- in PB-2 as recommended by 6th CPC under Para 7.15.24 granting parity with Chief Enforcement Officer was approved by competent authority of Expenditure for our Superintendent but lower rank officer of the level of Under Secretary said to forward the same to 7th CPC. The issue was not forwarded to the 7th CPC by the CBEC because the issue was already settled by the 6th CPC and instead of it, CBEC forwarded our representation to the 7th CPC in which we sought the initial scale for our Superintendent cadre at par with Dy.S.P. of CBI i.e. 5400/- in PB-3. It is surprising that the said US asked to forward the issue to 7th CPC which was already recommended by the 6th CPC.
He also informed that the issue of arrears at par with the Supdt. Of NCB is also being pursued and already got recommended to IFU. The Superintendent (NCB) were granted higher pay scale of 7500-12000 at par with us based on our precedence on 20.04.2005 retrospectively w.e.f. 01.01.1996, whereas we were granted this scale before them on 21.04.2004 with prospective effect. It is clarified that the Supdt. Of NCB were part and parcel of our RRs and seniority list being promoted to the same post of Asstt. Commr. since very beginning since they were 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. Supdt. of NCB were also granted Time Scale after 4 years of service based on our precedence.
He further added that one case is being pursued legally for general implementation of Chandrasekaran case in Principal Bench of CAT. Sh. Chandrasekaran has also filed contempt in High Court Chennai and also a stay petition in Chennai CAT against withdrawal of the benefit of GP of Rs. 6600/- granted to him on completion of 30 years of service.
He also informed that a case is already on final stage in Principal Bench of CAT seeking a G.P. of 7600/- in PB-3 after 30 years of service with full justification under MACPS.
He also informed that 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 Supdts.
He also added that one case is being pursued legally for general implementation of Subramanium case in Principal Bench of CAT. We are also in touch with Insprs Association regarding Subramanium case.
A case seeking pay scale at par with Dy.S.P. of CBI since 01.01.1986 for our Supdts. is also on final hearing in Cuttak CAT.
He further informed that two cases, one in Cuttak CAT (on final hearing) and another in Jabalpur High Court (rejoinder filed by the petitioner, the then Secretary General of Inspectors Association Sh. Shriniwas), are going on seeking arrears at par with CBI Insprs. since 01.01.1986 for C.Ex. Insprs. These both cases will benefit our Supdt. cadre as all the C.Ex. Insprs. of that period have already become Supdts.
DPC and promotional avenues – He informed that DPC for the year 2016-17 is also being pursued and it is expected that the consideration Zone for the same would be issued soon.
He further informed regarding promotional avenues that matter is being pursued seeking at least 5 upgradations, functionally or non-functionally, after joining as Inspector in uniform promotional hierarchy for group B officers across all departments/Ministries of Govt. of India.
DDO certificates, subscription dues and funds – It was decided that all units would immediately deposit the DDO certificates, clear all pending dues and help the Association by donating maximum funds for legal cases and other organizational matters
Any other point with the permission of Chair – It was also decided to pursue with concerned authorities by the AIB that there should be no adverse impact on manpower in CBEC under the GST regime.
The meeting ended with the vote of thanks by Sh. Ashish Vajpayee, General Secretary of Kanpur Unit and also the Jt. Secretary of AIB, to Delhi Unit for hosting the meeting and all the members of North Zone Regional Committee for attending it.
(R K SOLANKI)
North Zone Regional Committee
1. The President / Secretary General / Zonal office bearers of North Zone Regional Committee of AIACEGEO.
2. President / Secretary, AIACEGEO, Agra Unit/ Allahabad Unit/ Chandigarh Unit/ Delhi Unit/ Kanpur Unit/Lucknow Unit/ Meerut Unit.
“LONG LIVE OUR ASSOCIATION”
“OUR UNITY ZINDABAD”
Minutes of the Regional Committee Meeting, East Zone held on 04.03.2017 at Bhubaneshwar
The meeting was attended by the following:
a) R. Chandramouli, President AIB
b) Ravi Mallik, Secretary General, AIB
c) B. K. Sinha, Vice President (EZ), AIB
d) P. K. Sen, Joint Secretary (EZ), AIB
e) S. Bhattacharjya Jt. Secy. (EZ), AIB
f) C. S. Sharma, Office Secretary, AIB
g) Sanjoy Kumat Mishra, Unit Secretary, Patna-Ranchi zone
h) Abhay Sankar Prasad, Patna Unit
i) P. C. Jha, Patna Unit
j) Shailendra Kumar, President Unit- Patna/Ranchi/Jamshedpur
k) Neeraj Kumar, Ranchi, Unit Jharkhand
l) K. P. Tripathy, President, BBSR Unit
m) R. N. Mahapatra, G.S, BBSR Unit
n) M. K Pattanaik, BBSR Unit
o) Asok Kr. Gain, President, Kolkata Unit
p) Apurba Roy, Vice President, Kolkata Unit
Shri L. N. Mishra, former President AIB graced the occasion by his presence.
The President of the Regional Committee Meeting, East Zone Sri B. K. Sinha after welcoming the delegates inaugurated the meeting and asked Sri P. K. Sen, Regional Secretary (EZ) to apprise the house of the agenda points to be discussed and actions taken. Sri Sen accordingly apprised the house and discussions started on the following agenda points:
1) Pay matters and MACP
2) Promotion and DPC
3) Promotion to the post AC and filling up of all vacant posts
4) Scheme to improve career prospect
6) Organisation, Fund, DDO certificates and subscription
7) Special provision to NER, Sikkim, Darjeeling and Kalimpong districts of West Bengal in GST
8) Special dispensation for NER Superintendent with rest of the country
9) Any other points with permission of the chair
Then the Vice President (EZ) handed over the proceeding to the President, AIB Sh. R. Chandramouli to preside over the meeting. Sh. Chandramouli requested the house to observe one minute silence in memory of the departed souls who left us in recent past.
The President AIB then requested the Secretary General to inform the house in brief about the works done on agenda points. The SG then briefed the house and apprised about the work done by the AIB and its progress as detailed below:
1) On Pay matters and MACP: Parity with DSP of CBI since 1986 and also arrears at par with the Superintendents of NCB since 1996 are being pursued vigorously. CBEC recommended to Revenue headquarters parity with DSP of CBI, i.e., an initial grade pay of Rs. 5400/- in PB3 for our Superintendent alongwith other issue like next promotion to STS post of Deputy Commissioner instead of Asstt. Commissioner, at least 5 functional promotions for examination by empowered committee, uniform promotional hierarchy for group B officers across all departments/ministries of govt. of India, merger of grade pay of Rs. 5400 in PB2 & PB3 and batch to batch NFU at par with CSS. Initial G.P. of 5400/- in PB-2 as recommended by 6th CPC under Para 7.15.24 granting parity with Chief Enforcement Officer was approved by competent authority of Expenditure for our Superintendent but lower rank officer of the level of under-secretary said to forward the same to 7th CPC. A case is already on final stage in Principal Bench of CAT seeking a G.P. of 7600/- in PB-3 after 30 years of service. A case seeking pay scale at par with DSP of CBI since 01.01.1986 for our Supdts. is also on final hearing in Cuttak CAT. General implementation of Chandrasekharan case has been filed at Delhi CAT. One case is being pursued legally for general implementation of Subramanium case in Principal Bench of CAT. A case is also in 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 Supdts. Two cases, one in Cuttak CAT (final hearing) and another in Jabalpur High Court (rejoinder filed), are going on seeking arrears at par with CBI Insprs. since 01.01.1986 for C.Ex. Insprs. These both cases will benefit our Supdt. cadre as all the C.Ex. Insprs. of that time have already become Supdts.
2) Promotion and DPC: The DPC against vacancy for the year 2016-17 & 2017-18 is being pursued stringently. Scheme for improvement through dynamic promotion, time bound promotion, flexible promotion, in-situ basis and through separate service as in CSS for at least five promotions is under active persuasion.
3) Promotion to the post of AC and filling up of all vacant posts: It is being pursued for 2016-17 & 2017-18 along with immediate filling up of 430 regular posts.
4) Scheme to improve career prospect: As discussed in point 2 & 3 above.
5) Infrastructure: It was impressed upon the authority that it should be made before implementation of GST. However, letter regarding this got written by CBEC to field formations even before the approval of cadre restructuring.
6) Organisation, Fund, DDO certificates and subscription: All the units are requested to donate maximum fund to the AIB and clear the dues foresighting the abrupt increase in legal expenses. All units are also requested to furnish the DDO certificates forthwith.
7) Special provision to NER, Sikkim, Darjeeling and Kalimpong districts of West Bengal in GST: This issue is to be taken up immediately for the region considering the remoteness and hazardous aspect. In some areas, there are already provision for area based exemption which justifies the demand of lowering of ceiling of 1.50 crores to 75 lakhs in GST regime. Sh P. K. Sen will send a note on this point.
8) Special dispensation for NER Superintendent with rest of the country: As a case of special provision, it may be pursued that a drive may be undertaken like up-gradation up to a certain year for the stagnated zone like Shillong to keep pace with rest of the country. Sh P. K. Sen will send a note on this point.
A) The members of Bhubaneswar unit mentioned about the development on the Cuttak CAT case. It was proposed that the units belonging to this zone should take pioneer step both in respect to finance and logistic support as the case can get momentum if transferred to Principal of CAT, Delhi. Members from BBSR unit also pointed out that counting of past service rendered as Inspector and Superintendent should be taken into consideration for the purpose of fixation of seniority for promotion.
B) Members from Patna Ranchi zone told that necessary initiative should have taken for the preparation of AISL beyond 31.12.2006. SG mentioned that the issue had already been taken up by the AIB and on persuasion of AIB, CBEC had circulated a letter to that effect to all the CCAs. SG also requested the zonal units to pursue the matter with the respective CCA so that the feedback is received at an early date.
C) Members of Kolkata zone stated that as the issue of Cuttak CAT mentioned by BBSR friends involves pan India ramification, willing units from other zones should not be desisted from extending necessary co-operation. SG said that he will look into the matter. He also said that Delhi, Raipur, Jaipur etc. units have already contributed to the cause. The issue of notional benefit from 01.01.86 was also raised by Kolkata. It was also raised by the unit members of Kolkata that as per already existing provisions of the constitution of AIB, all the promotee ACs from C.Ex are part and parcel of the Association, accordingly all the federating units may be instructed to take care of the same, which was unanimously accepted by the house. Sri A.K Gain, President, Kolkata Unit thanked the President, the Secretary General in particular and all the office bearers/members who contributed in making the success of historic promotion to the post of Assistant Commissioner.
D) Shri P.K. Sen reiterated the issue of area based exemption in case of GST, which was accepted by the house and SG assured to pursue the matter with CBEC/Rev. Sec and if possible before GST council. Sri Sen also mentioned that in case of promotion to Superintendent the officers of Shillong are lagging far behind, which should be addressed. SG assured that as a matter of one time dispensation the matter may be taken up. Sh. Sen was reminded to send the due notes.
E) One time filling up of TA and Inspectors’ post due to acute shortage. SG mentioned that in case of common cadre control this may be possible and TA recruitment may be more effect as that would be applicable in the post GST scenario and he will take up the issue with the concerned Associations and pursue the same.
F) The house was also of the view in the ensuing convention that all the willing members representing their respective zones should be allowed to vote on proportional basis. The chair stated that there should be no problem to it being internal matter of the concerned unit and the matter also rests with the returning officer appointed on the given day.
G) Shri L N Mishra, former President AIACEGEO, also pointed out that the promotee AC’s association was formed by him was purely for welfare measures as well as for the pensioners. The Ad Hoc officers cannot form cadre/service association and the Ad Hoc officers remain the members of the cadre from which they have been promoted purely because they are not entitled to any form of recognition by the government.
H) Meeting ended with thanks giving to the host unit for the exceptional arrangements as well to the members who attended the meeting.
Sunday, 9 April 2017
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 82/AIB/G/17 Dt. 10.04.17
Ms. Vanaja N. Sarna,
North Block, New Delhi
Sub: Treatment like postman, courier boy and MTS with gazetted officers in the name of distribution/handing over of letters to assessees for migration to GST.
It is submitted with due regards that the huge number of letters on above subject have been handed over to the Superintendents for physical delivery to the assesses in the field formations.
2. These letters containing ‘log-in IDs’ & ‘passwords’ belonging to the assessees whose whereabouts are not known due to the want of verification are sought to be delivered by gazetted officers whereas other institutions like Banks, Credit Card companies etc. send equally sensitive information like Credit/Debit card PINs to individual citizens through couriers and speed post. Likewise, the said letters may also be delivered effectively by holding Melas and by courier & posts. No need to submit that our gazetted officers are forced to do this work like postman, courier boy and MTS by wandering in the unknown colonies and going door to door in the harsh & unhealthy conditions of extreme weather without any rest even on holidays. They have also to face unfriendly & bad behaviour of individual family members of the assessees in the cases where the given address belongs to residential premises instead of work place or office premises.
3. This Association also wants and wishes a successful & effective roll out of GST for which every member is fully dedicated & committed like ever. But the Association is also of the considered opinion that our officers should not also be given any disrespectful, degrading, insultsome and maltreatment which is not suited to their post. No need to say that these officers are already forced to perform their duties under the worst working conditions and also under poor pay packages & the worst career prospects. And despite of all odds, we are regularly collecting revenue above the targets due to sincere efforts of these officers. No need to further say that these ever committed & dedicated officers deserve far better treatment from every angle instead of any disrespectful, degrading, insultsome or maltreatment, if compared to their counterparts. It’s really a gross injustice to these most obedient officers of the Govt. of India.
4. Everybody knows very well that it is not the duty of Gazzeted and supervisory officers to deliver letters like postman, courier boy or MTS by wandering door to door in the colonies. This otherwise should be done more efficiently & within time-frame through speed post, reputed courier agencies, by holding Melas, by advertising in newspapers or through Trade & Commerce interactions.
5. In view of the above, it is requested that the work of the delivery of the said letters may kindly be got done strictly by the concerned agencies instead of Superintendents.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 80/AIB/G/17 Dt. 06.04.17
Ms. Vanaja N. Sarna,
North Block, New Delhi.
Sub: Request for redressal of grievances under employee grievance redressal mechanism.
The following points are submitted with due regards for your kind consideration and due redressal-
(A) DPC for the year 2016-17 and 2017-18 for the post of Asstt. Commissioner in CBEC: DPC for a financial year should be conducted well in advance latest by the month of January of the preceding year as per the DOPT OMs No. 22011/1/2011-Estt.(D) Dt. 23.04.15, 22011/9/98-Estt (D) Dt. 08.09.98, 22011/1/2011-Estt (D) Dt. 11.03.11, 22011/1/2011-Estt (D) Dt. 13.12.13, 22011/1/2011-Esstt(D) Dt. 27.10.16 etc. Accordingly, the DPC for the year 2016-17 and 2017-18 should have been convened in the month of January, 2016 and January, 2017 respectively. Chain vacancies on account of cascading effect from higher side are also required to be included for the promotion to the post of Asstt. Commissioner as per the DOPT OM No. 22011/9/98-Estt(D) Dt. 06.10.99. It is clearly mentioned in this OM that the existing and clear anticipated vacancies as well as chain vacancies on account of retirements, promotions, VRS, demise etc. in all higher grades/hierarchy should be included for the purpose of DPC. It is requested to convene DPC against all unfilled/existing/anticipated posts of Asstt. Commissioner including promotion quota against regular/permanent posts, retirements, VRS, demise, backlog vacancies etc. as our officers are forced to retire waiting for the rarest IInd promotion.
(B) Initial pay scale to Central Excise Superintendent at par with DSP of CBI alongwith other perks & allowances etc.: Central Excise Superintendents are considered analogous to the post of DSP in CBI. They are also eligible to be appointed to the post of DSP in CBI on ‘transfer on deputation’ basis. Till 07.02.96, the pay scale of both posts was same, i.e., Rs. 2000-3500/-. However, the Govt 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 and also without recommendations of CPC. Whereas new higher responsibilities of judicial 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. 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 pay scale of Central Excise Superintendent has not been increased despite of regular increase in their responsibilities. 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. They are also being conferred with the new additional responsibilities every year in the Finance Bill (Budget). They are again going to bear new & very important responsibilities under GST. 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 on 21.04.04 to grant them parity with DSP of CBI/DCIO of IB, 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. It is requested to place Central Excise Superintendent at least under a grade pay of Rs. 5400/- in PB3 (Level-10) or equivalent scale alongwith other perks & allowances etc. w.e.f. the date of grant of the same to the DSP of CBI.
(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: All organised group ‘A’ officers recruited with IAS in the same pay scale through common entry have been granted 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. CBEC sent a proposal to the 7th CPC, as approved by the CBEC (and as advised by the Department of Expenditure) for grant of non-functional financial upgradation granting batch to batch financial parity to Group ‘B’ Executive officers with the analogous posts in Central Secretariat, vis. Assistant. However, CPC does not appear to have examined this proposal. As far as the group ‘B’ officers are concerned, the CSS officers are the best placed group ‘B’ officers of Govt. of India. The group ‘B’ officers at the level of Inspector of Central Excise and the Assistant of CSS are recruited in a common scale of pay through common entry examination conducted by SSC. The officers recruited as Assistant (Group-B, Non Gazetted) in the Ministries get the benefit of promotions upto the Joint Secretary level, i.e., i) SO with GP of Rs. 4800 and with GP of Rs. 5400/- in PB3 after 4 years of service, ii) US (Grade-I) with GP of Rs.6600/-, iii) DS with GP of Rs. 7600/-, iv) Director with GP of Rs. 8700/- in PB-4 and v) JS with GP of Rs. 10000/-. However, the most of their counterpart Inspectors of Central Excise in CBEC recruited as Group-B (Non Gazetted) through the same All India competitive examination get only one promotion in 35/40 years of service career. It is requested that the Central Excise Superintendents/Inspectors 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. after entry into Group ‘B’ or equivalent grade on batch to batch basis enabling them to retire in PB4 like their counterparts.
(D) 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: 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 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 our officers are getting salary even less than the pension of the 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 such scheme has also been given to Doctors. 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 & 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, Level-13) 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, Level-10). In view of the above particularly keeping in view their extraordinarily acute stagnation, it is requested that the Central Excise Superintendents may kindly be granted (a) At least 5 in-situ promotions in the 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.
(E) 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: The MACP Scheme envisages placement merely in the immediate next Grade Pay instead of promotional hierarchy. One MACP upgradation has also been offset with the non-functional time scale granted to Group B gazetted officers after completion of 4 years of service. Further, single grade pay of Rs. 5400/- was also bifurcated into two, i.e., Rs. 5400/- in PB2 and PB3 without the difference of a single rupee under para 8.1 of MACPS. Pay commission didn’t make any recommendation to offset the MACP upgradation with time scale. The procedure to grant time scale and MACP upgradation is also totally different. Promotional hierarchy is also varying department to department which is required to be made uniform. Somewhere Group ‘B’ Gazetted officers are promoted merely to a post at Level-10 (CBEC etc.) whereas they are being promoted to a post at Level-11 (CSS, Rajya Sabha Secretariat, MEA, DANICS, DANIPS, CSSS, 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 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 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. 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. The source of MACPS being one and the same, i.e., common recommendations of the 6th CPC, it is also worth to mention that the State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the time scale. There also exist no same Grade Pays like para 8.1 of MACPS in the Central Government. 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 4 financial upgradations (3 financial upgradations+1 time scale) as a combined effect of time scale and MACP Scheme. The Hon’ble Supreme Court of India vide 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 financial upgradation in the promotional hierarchy under MACPS. Thus, para 8.1 is not in consonance to the verdict given by the Hon’ble Supreme Court and is liable to be scrapped w.e.f. its initiation. The offset of the MACP upgradation is also liable to be scrapped w.e.f. 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. and also by the Hon’ble CAT of Ernakulam in the case of Sh. N. K. Gopinatham Vs. UOI. So, it is requested to grant MACP upgradations based on functional hierarchy without offsetting with the time scale with the provisions for stepping-up of the pay of seniors at par with the juniors in conformity with the decision of Hon’ble Apex Court in Ashok Kumar case and also without bifurcating any grade pay.
(F) Verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT: Kindly refer to the verdict given in the OA No. 2323/2012. 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. Hon’ble CAT has directed to expedite the process of amendment of the Recruitment Rules by taking effective steps for Notification within a reasonable period, preferably within four months from the date of receipt of a copy of the order. Accordingly, it is requested to finalise 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 officers from humiliation of working under their juniors of Customs.