Friday, 27 November 2015

Central Excise Superintendents  Observing Today As Black Day Against 7th Pay Commission

All the Superintendents of Central Excise posted throughout the country  are observing today as a “black day” to protest against some of the “retrograde recommendations” of the seventh pay commission.  We are observing today as a black day all over the country by wearing black badges,” said  Ravi Malik, Secretary General of AIACEGEO. Malik  said, “We hope that government will think about us before accepting it.” In its report, the Pay Commission has recommended to increase the pay gap between the minimum pay and maximum pay from existing 1:12 to 1: 13.8 which is more than our demand of ratio of 1: 8, he added. The fifth and sixth Central Commissions have given a pay rise of 40 per cent, while this Pay Commission has only given a pay increase of 14.29 per cent,’’ he also said.

Thursday, 26 November 2015

7th CPC recommendations on stagnation

As regards stagnation issues in the cadre of Superintendent of Central Excise  , the 7th CPC has interalia recommended the following:
{ Promotions to Superintendents
11.18.67 It has been demanded that Superintendents of Central Excise should be allowed a
minimum of five functional promotions after joining the post of Inspectors (the post of
Inspector is the feeder grade for the post of Superintendent). If five functional promotions are
not possible, they should be granted at least five in-situ promotions in the hierarchy of
functional promotion. The alternative demand is for dynamic/flexible promotion scheme to be
devised so as to grant at least five upgradations in the promotional hierarchy. The Association
has requested the Commission to recommend creation of unorganised Group `A’ post as it
exists in the provincial services of the states as well as the Central Police Organisations so that
officers in the department get some relief from acute stagnation.
Analysis and Recommendations
11.18.68 The Commission notes that a study team has been constituted by the CBEC to do
exhaustive examination of the stagnation in Group `B’ executive grades and suggest measures.
It further notes that as part of the cadre re-structuring exercise of 2013, 2118 temporary posts
of Assistant Commissioners in GP ₹5400 (PB-3) have been created, which are to be filled up
100 percent by promotion of Superintendents of Customs (Preventive)/ Central Excise/
Appraisers. The Commission observes that this move would provide adequate career
progression for these feeder cadres viz., Superintendents and Inspectors of Customs and
Central Excise.
Percentage of Direct Recruitment in post of Assistant Commissioner
11.18.69 It has been demanded that the Direct Recruitment Quota in the post of Assistant
Commissioner may be reduced from 50 percent to 10 percent.
Analysis and Recommendations
11.18.70 The Commission notes that one of the attributes of an Organised Group `A’ Service
is that direct recruitment cannot be less than 50 percent. Reduction in the percentage direct
recruitment below 50 percent will adversely affect the status of IRS (C&CE) as an Organised
Group `A’ Service. In this backdrop, the Commission would not recommend reduction in
the Direct Recruitment Quota as demanded by the Association.}
At present the sanction strength of Gr-B Non Gazetted is 25203 and Gr-B Gazetted is 19108 in CBEC. The sanction strength of Asst. Commissioner(promotional post for Gr-B Gazetted ) is 1249(though 50% of such regular promotion is reserved  for promotees, however  as promotion is granted on vacancy basis, actually 40% promotees are getting promotions to the post of Asst. Commissioner). The temporary AC posts will be abolished during 2018 as per Cabinet approval.  Even these temporary posts will be taken in to account then total AC posts for promotees is coming around 2700 posts. While sanction strength of  feeder posts  is 19108, how these promotional posts of 2700 will solve the stagnation problem? Therefore it can be construed to mean that 7th CPC has not made the analysis properly.
Hence now both AIACEGEO & AICEIA should raise this issue before CBEC to form an anomaly committee urgently.

Mann Ki Baat.

Dear friends,
On Sunday 29th November 2015, PM Modiji is coming to you through Mann Ki Baat. You can leave a voice mail message for him on toll free number 180030007800.Friends, call on this number to end discrimination in pay, promtns etc. Friends, do it now, it is about our future . Number is 180030007800. Share this message on WhatsApp, Facebook, Twitter etc. Just make it viral, so that our voice reach to Prime Minister.



Central Excise Inspectors
11.18.58 Their hierarchy is as under:
Name of the Post Grade Pay
Superintendent of Central Excise/Superintendent of Customs (Preventive) /Appraiser
4800 and 5400 (PB-2) after four years
Inspector (Central Excise)/ Preventive Officer/ Examiner 4600

11.18.59 It has been demanded that the post of Central Excise Inspectors may be upgraded
from GP 4600 to GP 4800 on the pattern of Inspectors of CBI/IB.

Analysis and Recommendations
11.18.60 The Commission notes that similar demand had been made before earlier Pay
Commissions as well. The V CPC did not consider the two categories comparable. The VI
CPC recommended GP 4200 and GP 4600 for Inspectors of Central Excise/Customs/Income
Tax and Inspectors of CBI, respectively. Subsequently, the government, in separate orders,
upgraded these pay scales to GP 4600 and GP 4800 for Inspectors of Central
Excise/Customs/Income Tax and Inspectors of CBI, respectively. It is clear, therefore, that
even after this upgradation, the Grade Pay of Inspectors of CBI remained higher than that of
Inspectors of Central Excise/Customs/Income Tax. The Commission, therefore,
recommends only replacement scales to Inspectors of Central Excise.
Superintendent of Central Excise, Customs and Appraisers
11.18.61 It has been demanded that the post of Superintendents and Appraisers may be
upgraded from GP 4800 to GP 5400 (PB-3) on the grounds of historical parity between the
gazetted executive officers of CBI, IB, Central Police Organisations, Enforcement Directorate,
Customs, Income Tax and Central Excise.
Analysis and Recommendations
11.18.62 As reflected earlier, the V CPC had specifically noted that no relativity could be
established between executive posts in Income Tax and Customs vis-à-vis those existing in
CBI/IB. The VI CPC had concurred with the view of the V CPC and stated that although this
particular observation was made with reference to the post of Inspector, the same cannot but
hold true for the next higher posts in the hierarchies of these organisation.
11.18.63 This Commission agrees with the views of VI CPC on the matter of parity. It also
notes that the post of Assistant Commissioner, Customs and Central Excise, which is in the GP
5400 (PB-3) is a promotional post of Superintendent of CBEC. Placing the posts of
Superintendent of Customs and Central Excise in GP 5400 (PB-3) will disturb the existing
hierarchical structure. The Commission, therefore, recommends only normal replacement
pay level for Superintendents of Central Excise/Customs and Appraisers of CBEC.
Promotions of Superintendents


"The 5th Central Pay Commission though considered the decision of the CAT, Jabalpur Bench  and also considered the stand of the Government that according to the pay scale of Rs.2000-3200/- to the Inspectors of Police Organisations and CBI/IB was in view of the performance of arduous and hazardous duties by them, it observed that Inspectors in Central Excise and Customs are not comparable with the Inspectors of Police Organisations but as far as CBI and IB are concerned having noted the anomaly in their recommendations at Para 66.119 placed the Inspectors of CBI/IB in the replacement scale corresponding to Rs.1640-2900/- removing the anomaly at par with Inspectors of Customs and Excise. In this view of the matter the 5th CPC had found the Inspectors of Central Excise and Customs and of CBI and IB be meted them similar treatment.
            As regards the recommendation of the 5th CPC in Para 66.118 & 66.119(Vol.III), the Hon’ble CAT, Jabalpur Bench vide OA NO. 45 of 2000 had observed the following:
            “ The contention of the respondents by referring to the recommendations in Para 66.119 is that the applicants have not been found comparable with that of Inspectors of Police Organisations, we find that the same does not inter-alia, include the CBI and IB and what has been referred is the Delhi Police and the CBI and IB do not come within the purview of the Police Organisation and cannot be treated as such.
A.    The Department of Expenditure vide letter No. 3(123) 2008-RTI dated 25.08.2008 while disposing of an application under RTI had inter-alia classified the following:

             “ 5. The recommendation of 5th CPC that the duties of the posts of Inspectors of Income Tax, Excise and Customs did not have any linkage or parity with the Inspectors of Police however has to be viewed with reference to their recommendation in Para 70.64, which state that the “ existing parity between the scales of pay of Inspectors of IB, CBI and Delhi Police is misplaced and has no logical basis. Delhi Police is like any other Police force and has hardly anything in common with IB and CBI or with the Central Police Organisation”. This observation has to be seen in conjunction with the fact that 5th CPC while recommending the lower scale of Rs.1640-2900/-(Revised to 5500-9000) for the Inspectors of CBI and IB upgraded the Inspectors of Delhi Police from the existing scale of Rs. 2000-3200/- to that of Rs. 2000-3500/-.
               6. The aforesaid discussion may show that 5th CPC observation that the posts of Inspectors of Income Tax, Excise and Customs did not have any parity with the Inspectors of Police was made with reference to the Inspectors of Delhi Police and not with reference to Inspectors of CBI and IB who were also recommended only the replacement scale of Rs. 1640-2900/-. This is further exemplified by the recommendation made by 5th CPC in Para 66.119 which deals with the issue of parity in pay scales between Inspectors of CBI/IB/IncomeTax/ Customs and Central Excise and inter-alia mentions that in the context of the recommendation that the Inspectors of CBI and IB should be placed only in the replacement scale corresponding to Rs. 1640-2900/-, the analogy no longer holds good. It may therefore, be seen that 5th CPC established the following clear principles:
           (i) The earlier parity in pay scales between the Inspectors of Income Tax, Central Excise and Customs and Inspectors of CBI was also endorsed by the 4th CPC had to be mentioned.
          (ii) The Inspectors of Police in Delhi were not comparable with the Inspectors of Income Tax, Central Excise and Customs or with the Inspectors of CBI and IB.
          7. The decision of the Government to place Inspectors of CBI and IB in the higher scale of Rs.2000-3200 corresponding to the revised pay scale of Rs.6500-10500/- and to continue them in the said higher pay scale was therefore not in accordance with the recommendation of 3rd, 4th and 5th Central Pay Commission. This is all the mere relevant as the 5th CPC had specifically recorded that the Inspector of CBI and IB are not comparable with the Inspectors of Delhi and Andaman & Nicober Police Organisation and recommended downgradation of pay scale of Inspectors of CBI and IB to RS.1640-2900 corresponding to the revised pay scale of Rs.5500-9000 on par with Inspectors working under CBDT and CBEC.  The situation may also need to be viewed in light of other development subsequent to the recommendations of the 5th CPC whereby passing on par with the pay scales obtaining in Delhi Police was extended in the central Police Organisations even though the 5th CPC had specifically observed that like CBI and IB, even central Police organisation could not be stated to be comparable with Delhi Police. The demand of higher pay Scales of Income Tax, Central Excise, Customs on par with the Inspectors of CBI, IB as well as the Central Police Organisations may therefore need to be viewed in light of the aforesaid facts.”

 “ 10. It may also be mentioned that simultaneously the issue had also been agitated by All India Federation of Central Excise Executive Officers before Jabalpur Bench of CAT vide OA NO.45 of 2000, where in grant of Pay Scales at par with CBI and IB had been demanded. The Tribunal in concluding Para of their judgement dated 22.03.2002 had observed as under:
           “In the result, we find the action of the Government to deny the applicants pay Scale at par with those of Inspectors of CBI/IB as violative of Article-14 and 16 of the constitution of India. However we refrain from ordering accord of any scale to the applicants and in this view of the matter the OA is disposed of with the direction to the respondents to reconsider the claim of the applicants for being accorded the pay scale at par with the Inspectors of CBI and IB having regard to the observations made above by us and to take a final decision by passing a detailed and speaking order within a period of three months from the date of receipt of a copy of this order. No cost.
         11. This judgement of CAT was sent to Ministry of Law regarding feasibility of filing an appeal. Department of legal Affairs vide their advice on page 43-44/n-ante while observing that no infirmity existed in the aforesaid judgement had also stated. “ It is a recorded fact that similarity of the pay scale was recommended by the HPC committee also. But the same could not find favour for consideration by the Government, reasons best known to it. When the fact is admitted that the nature of the Inspectors of Excise are arduous comparatively with those of CBI and IB, those appears no reasons as to why they should not be provided the same scale and it appears that it may involve Article 14 and 16 of the constitution.” ( Article 14 and 16 of the constitution deal with Equality before law and Equal opportunity in matters of public employment). No appeal was filed against this order”
           C.   As regards nature of duties and discharge of liability, educational qualifications and mode of recruitment, the Hon’ble Tribunal Jabalpur  found from the record that the Ministry of Finance, department of revenue by their letter dated 27.10. 1995 wrote to the 5th CPC that the duties and responsibilities performed by the applicants are more arduous and hazardous than the Inspector of Delhi Police and CBI and recommended parity in the pay scale.        The 5th CPC recommended for placing the Inspectors of CBI/IB in the replacement scale of Rs.1640-2900 at par with Inspector of central Excise, with an intention to remove the pay anomaly which was created since 1986.     The Hon’ble CAT  observed that  eligibility, educational qualification, nature of duties and responsibilities as well as professional skills, the Inspectors of Customs and central Excise have been found at par with the Inspectors of CBI and IB.      
   The High power committee had also recommended that since there has been no alteration in the duties of the Inspectors falling in two categories it is reasonable to expect that the Inspectors of CBEC/CBDT should be given a replacement scale of Rs.2000-3500 at par with the Inspectors of CBI/IB whose duties and responsibilities are comparable.
  The department of Expenditure vide letter No. 1148/Dir(A)/2008 dated 08.12.2008 while disposing  one RTI application had inter alia stated the following:

“(i) Point No.1.  Based on the recommendations  of the committee  set-up by the Department of Revenue, the pay scale  of the Inspectors and superintendents of central Excise in the central Board of Excise and Customs under department of  revenue were upgraded vide O.M. No. 6/37/98 dated 21.04.2004 with a view  to mention their  relativity with corresponding posts in CBI/IB.”-
Setting up of Implementation Cell, Seventh Central Pay Commission in the Expenditure

Government of India
Ministry of Finance
Department of Expenditure

North Block, New Delhi. 
Dated 20 November, 2015


Subject: Setting up of Implementation Cell, Seventh Central Pay Commission in the Department of Expenditure

An Implementation Cell for processing and implementing the accepted recommendations of the Seventh Central Pay Commission is set up in the Department of Expenditure, M/o Finance for a period of one year with effect from the 20th November, 2015, with the complement of staff structure as mentioned under:

2. Joint Secretary (Personnel), Deptt. of Expenditure shall head the Implementation Cell in addition to her current responsibility till the post of Joint Secretary, Implementation Cell is created.

3. This issues with the approval of Hon’ble Finance Minister.

Under Secretary to the Govt. of India

Wednesday, 25 November 2015

Dear friends,
I hope that everybody would have gone through the report of Pay Commission till now. All are requested to send the suggestions/comments accordingly to raise the same once more at the proper platform. The copy of OM of Expenditure Department about setting up of Implementation Cell has also been forwarded to all. Agenda of the AEC-cum-AC meeting to be held at Chennai on 05.12.15 is also attached.

President:          Address for communication:            Secretary General:
R. Chandramouli240, 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); AnuragChaudhary, Ravi Joshi (North); N. Raman, G. Srinath (South); B. K. Sinha, AshwiniMajhi (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); JasramMeena, M. K. Mishra (West) Office Secretary: C. S. Sharma Treasurer: N. R. MandaLiaison Secretary: A. S. KunduCoordinator 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. 147/AEC/15                                                                          Dt. 25.11.15

AEC-cum-AC Meeting
            The AEC-cum-AC Meeting of the Association will be held on 05.12.15 (Saturday) at Chennai. Meeting will start at 10 a.m. with the following agenda-
      A. Pay matters including the report of CPC and MACPS.
      B. Promotional avenues including immediate DPC against the existing vacancies.
      C. Scheme independent of cadre restructuring to improve the career prospects bringing parity with common entry counterparts of CSS etc. to enable our officers also attain PB-4 levels.
            D. Infrastructure & working conditions.
            E. Funds, subscription and DDO certificates.
            F. Steps to be taken to achieve our goals including agitational measures.
            G. Any other point with the permission of chair.

            All concerned are requested to kindly make it convenient to attend the meeting accordingly. Sh. R. Chandramoulimay be contacted on 08939955463 for further details. 

Secretary General.

Monday, 23 November 2015

All India Association of  Central Excise Gazetted Executive Officers  disappointed over pay, promotion

New Delhi, Nov. 23: AIACEGEO has written a letter to Union Finance Minister Arun Jaitley expressing their disappointment over career, pay and other service matters. Ravi Malik, Secretary General, All India Association of Central Excise Gazetted Executive Officers, has in the letter to Jaitley said, “Nothing is left to be happy in the life of the Central Excise Superintendents in relation of career, pay or any other service matter.”
“Despite total demoralisation, disappointment, job dissatisfaction, de-motivation, humiliation and frustration, the revenue targets are regularly being achieved above the set target by the sincere, committed and dedicated efforts of these officers,” said Malik. ”Under the present circumstances, these officers are forced to retire at a PB2 post with only single promotion in the service career after joining as Inspector whereas their common entry counterparts are easily enjoying PB4 levels after getting 5-6 promotions,” he added. Malik pointed out that the Central Excise Superintendents are getting promotion (if any) merely to Junior Time Scale while their counterparts of CPWD, CSS, CSSS, AFHQS, Railway Board, UPSC, CVC, MEA, MPA, Rajya Sabha Secretariat and many others like Administrative Services, Police Services, Forest Services, Engineering Services, State Services etc. to Senior Time Scale.
“The employee grievance redressal mechanism has totally failed. These poor officers are also forced to work under the extreme juniors of Customs belonging to the same cadre. Not only it, the Central Excise Superintendents are also deprived of the due pay scale in comparison to their analogous counterpart,” said Malik.
“The rights to grow, make progress and live with dignity have been snatched from them. There is no change in the scenario regarding their career prospects despite of the repeated representations & requests made to the administration. If career prospects were disclosed at the time of the recruitment, these officers would have never joined this job,” he added. Malik further said it seems that nobody is worried about the prospects/survival of this actual workforce of CBEC.
“The direct IRS officers have been ensured up to 9 promotions to upgrade them within the standard residency periods prescribed by DOPT by creating the posts at Apex, HAG+ etc. levels in the higher scales even without availability of the eligible officers but no measures are being taken for the Central Excise Superintendents & Inspectors to promote/upgrade them within the standard residency periods prescribed by DOPT,” said Malik.
“Our counterparts of Income Tax (CBDT) and the Assistants of CSS under the same Department of Revenue are able to reach the post of Commissioner and Joint Secretary. Almost all other counterparts of ours are also reaching the PB4 levels. Central Excise Superintendents are forced to retire merely after one promotion in the career barring one percent. The CBEC is even unable to conduct the DPC for promotions from Group ‘B’ to Group ‘A’ at prescribed intervals for this one percent. Nothing has been done for our poor officers for decades to improve their career prospects. We are given false assurances but nothing has ever happened,” he added.
Malik further said the cadre restructuring or Central Pay Commission has also done nothing for us. ”Now under the prevailing circumstances, we have no option other than the revival of the Satyagraha programme in the form of working in offices with bearing of black badges on 27.11.15 as next step requesting for due pay scale, immediate DPC for the post of Asstt. Commissioner and taking concrete measures independent of cadre restructuring to retire all of our officers also in PB4,” said Malik. ”In view of the above, our officers will bear black badges on 27.11.15 working peacefully in the offices as next step of Satyagraha with the request to fulfill our demands as per the charter of demands enclosed herewith. Next step of Satyagraha will be intimated in the due course,” he added.
The charter of demands:
A. Immediate conducting of DPCs up to 2015-16 panel year for the post of Asstt. Commissioner as our officers are regularly retiring without promotion despite of a huge number of promotional vacancies being in hand.
B. Scheme to improve the career prospects of our officers independent of cadre restructuring to bring parity with common entry counterparts of CSS etc. to retire our officers at PB-4 level by granting at least 5 functional promotions, batch to batch Non Functional Financial Upgradation to our officers at par with the best placed counterparts of CSS etc. and upgradations in accordance of the residency periods prescribed underDOPT OM No. AB-14017/61/2008-Estt.(RR) dt.24.03.09.
C. Pay scale to Central Excise Superintendent at par with DSP of CBI etc. w.e.f. the date of grant of same to later along with other perks as being granted to later one, implementation of CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay, retrospective implementation of pay scale revision of Central Excise Superintendent at par with NCB Superintendent & implementation of para 7.15.24 of 6th CPC report.
D. Next promotion of Central Excise Superintendent to STS post like other group ‘B’ gazetted officers of Central as well as State Governments.