THE ENSUING CONVENTION WILL BE HELD AT DAMAN DURING 01.11.14 TO 02.11.14. The Secretary General is eagerly waiting to see all the all India /Zonal Office Bearers, Unit Secretaries/ Presidents and delegates at the Convention to be held at Daman during 01.11.2014 & 02.11.2014. THE ENSUING CONVENTION WILL BE HELD AT DAMAN DURING 01.11.2014 TO 02.11.2014. The Secretary General is eagerly waiting to see all the all India /Zonal Office Bearers, Unit Secretaries/ Presidents and delegates at the Convention to be held at Daman during 01.11.2014 & 02.11.2014
{- OUR MAIN DEMANDS. •(1) Grade Pay of Rs.5400 in PB-3 w.e.f 01.01.2006 to all Superintendents of Central Excise and Time scale in PB-3 on completion of 4 years service as Superintendent (2) Stagnation to be reduced to less than 4 years for induction to Group-A in STS ( DC) grade directly. (3)• 3rd MACP & 2nd MACP should be Grade Pay Rs. 7600 in PB-3 & 6600 in PB-3 respectively. •(4) Parity in matter of career prospects of (Group-B) Inspector along with Examiner of Customs and other counter parts.}----. Further we also demand that (1) 50% of Dearness allowance should be merged with basic pay (2), the New Pension Scheme and PFRDA Bill should be withdrawn (3) relaxation children education allowance from Income Tax (4) Cash less health scheme to all Central Excise Employees (5) removal of the unscientific ceiling in compassionate appointment (6)creation of separate service to maintain all India seniority list for Inspectors and prospective removal of zonal disparity in promotions (7) introduction of in situ/ time bound promotional scheme to grant 5 promotions to all Inspectors of Central Excise in their entire service career,those have completed 8 years as Inspector and 20 years as Inspector and Supdt. combinedly should be upgraded to the post of Supdt and AC respectively (8) immediate DPC against existing vacancies in the cadre of AC, (9) regularization of adhoc promotions pending since 97 on revised ratio as per SC decision dated 03.08.11(10) Three upgradations under MACP should be post based like ACP scheme.(11) provision for proper infrastructures to all offices with a provision of sitting arrangement as per prescribed norms (12) issue of laptop/mobile to all Inspectors/Superintendents (13)granting of pay scale of 2000-3200 & 6500-10500 to the cadre of Inspector w.e.f 01.01.86 & 01.01.96 respectively (14) granting of pay scale of 2200-4000 & 8000-13500 to the cadre of Superintendent w.e.f 01.01.86 & 01.01.96 respectively (15) CR must be conducted in every 4 years block like CSS.

Monday, 21 January 2013


ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                  Address for communication:                                   Secretary General:
Lokanath Mishra               240, Razapur, Ghaziabad-201001 (U.P.)                                           Ravi Malik
Mob. 09437314941           mail Id: ravimalik_sweet@yahoo.com                               Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411)         Treasurer: N.R.Manda (Mob. 09871483585)
(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. 04/pay/13                                                                                                   Dt. 18.01.13
To,
Sh. V. Narayanasamy,
The Hon’ble Minister of Personnel, Public Grievances & Pension,
North Block, New Delhi.
Subject: Pay scale/grade pay to the Superintendent of Central Excise.
Sir,
            With due regards, your kind attention is invited to the Report of the Committee constituted to look into the representations and demands of the Group ‘B’ and ‘C’ executive staff of Customs, Central Excise & Income Tax relating to disparity of pay-scale and other grievances arising out of the recommendations of the 5th CPC. In accordance with such report, the job contents and nature of duties of the post of Superintendent of Central Excise are similar to the posts of Chief Enforcement Officer, Superintendent of NCB, UT Civil and Police Services (DANICS & DANIPS), Deputy Central Intelligence Officer in IB and DSP in CBI etc.
            2. Your kind attention is also  invited to the para 7.15.24 of the  6th CPC report, wherein the 6th CPC  has stated that “the post of Chief Enforcement Officer has traditionally been on par with the post of ITOs/analogous posts in CBDT and  CBEC. Since the parity between these posts is well established, the Commission recommends that the same should be maintained in future.” The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group ‘A’ scale of Rs. 8000-13500/- since 04.10.05. The Deputy Central Intelligence Officer in IB and DSP in CBI have already been placed in a group ‘A’ scale since 01.01.86. 
            3. Despite of above referred report & recommendations of CPC, Central Excise Superintendent has been granted a grade pay of Rs. 4800/- w.e.f. 01.01.06 while Deputy Central Intelligence Officer in IB, DSP in CBI, Chief Enforcement Officer etc. have been placed under the grade pay of Rs. 5400/-. It is also worth to submit that the Chief Enforcement Officers are also working under the same department of Revenue like Central Excise Superintendents. All of these posts are also considered as analogous posts as per govt. norms.           
             4. It is also submitted that the Jabalpur CAT had directed the government in O.A. No. 541/94 to pay the arrears of pay to the Inspectors of Central Excise w.e.f. the date of enhancement of pay scale of the Inspectors of CBI in case of recommendation of the same pay scale by the 5th CPC. The 5th CPC placed both of the categories in the same pay scale but the payment of the arrears to the Inspectors of Central Excise is still awaited. All of then Inspectors of Central Excise have already become Superintendents but waiting for the payment of the arrears. It is, therefore, requested that the concerned authorities may kindly be directed to make the due payment at its earliest.
            5. It is, therefore, requested that the Central Excise Superintendents may also kindly be granted a pay scale/ grade pay of Rs. 8000-13500/5400 w.e.f. the date of the enhancement of the pay scale of the above mentioned analogous counterparts of them and the payment of the arrears may also kindly be made accordingly and also as requested in above para 4.
          Thanking you,
                                                                                                                                             Yours faithfully,   


(RAVI MALIK),
                                                                                                             Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                  Address for communication:                                   Secretary General:
Lokanath Mishra               240, Razapur, Ghaziabad-201001 (U.P.)                                           Ravi Malik
Mob. 09437314941           mail Id: ravimalik_sweet@yahoo.com                               Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411)         Treasurer: N.R.Manda (Mob. 09871483585)
(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. 05/CR/13                                                                                                Dt. 18.01.13         
To,
Sh. V. Narayanasamy,
The Hon’ble Minister of Personnel, Public Grievances & Pension,
North Block, New Delhi.
Sub: Cadre restructuring in CBEC.
Sir,
            It is submitted with due regards that the Central Excise Superintendents entering the job as Inspector are retiring with only one promotion in the service career and forced to work under their extreme juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation of CBEC under the same department of Revenue of the same Ministry of Finance. The single cadre of Inspector has been trifurcated into 3 sub-categories in absolutely unjustifiable manner, i.e., Inspector (Central Excise & Land Customs), Preventive Officer (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively re-merging at group ‘A’ entry level. This places the officers entering the job as Inspector (Central Excise & Land Customs) decades behind the Examiners (admitted by CBEC in its meetings of 12.01.11 and 18.02.11) due to the discriminatory rate of promotion and faulty recruitment rules. The ongoing cadre restructuring will also be insufficient to remove the acute stagnation of the totally demoralized officers as also admitted by CBEC in the meeting of 12.01.11. CBEC as on date has more than 9000 Group ‘B’ officers already putting more than 25 years of service and got only one promotion. ACPS/MACPS is also unable to undo this gross injustice.
2. The common entry officers in CSS, CBDT, Customs, Rajya Sabha Secretariat etc. are attaining PB4 level (5 to 6 promotions-Annexure I) whereas we retire in PB2. Even the pension of other common entry counterparts is more than our salary. This gross injustice has totally demoralised the Central Excise Superintendents having nothing to motivate. The cadre restructuring proposal of CBEC started in 2006 is still pending with the DOPT. As a result, a bit solace expected from the ongoing cadre restructuring is also being denied. The drastic cuts have already been made to the proposed posts in complete disregard to minimum bare functional requirement despite of the approval by Hon’ble Finance Minister as well as the department of Expenditure. The proposed strength of AC/DC has already been cut from 4896 to 3600 and DOPT further intends to make more cuts. It shall un-strengthen the Service Tax, audit, preventive, anti-evasion, anti-smuggling & anti-narcotics set-ups affecting adversely the Indirect tax collection alongwith increased possibility of smuggling activities, infiltration of contrabands & lethal weapons posing serious threat to the security of the Nation due to the shortage of working hands. Not only it, the revenue target for the first half of the current financial year has not been achieved due to acute shortage of working hands at AC/DC and above levels. The process is not being expedited despite of the fact that the Standing Committee on Finance in its 52nd report has expressed its concern over the pathetic situation of man-power shortage desiring both CBDT & CBEC to give interim relief to stagnating cadres. The Committee also desired the Government to pursue the matter of cadre restructuring in a time-bound manner. The functional requirement has already  increased by 80% in comparison of the proposed in 2010-11 under cadre restructuring on account of the introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations etc. The shortage of working hands shall not only affect adversely the collection of Central Excise & Customs duties as well as Service Tax but it will also affect the GST in the forthcoming time.
3. The IRS officers of CBEC got parity with the common entry counterparts of CBDT in the last cadre restructuring and proposed with other better placed common entry group ‘A’ counterparts in the ongoing one. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise Superintendents. This parity is very much required to boost the morale of the officers by adopting the measures like time bound promotions, notional promotions, upgradation, creation of supernumerary posts, creation of separate service or any other specific measure/s alongwith re-framing the RR’s without trifurcating a single cadre of Inspector or Superintendent prescribing the qualifying service as per DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 (not being followed by CBEC) which stipulates clearly the promotion of Inspector to the grade of JC, ADC & Commissioner after completing 12, 17 & 20 years of service respectively. During the presentation of cadre restructuring on 18.01.11, CBEC showed its inability to implement the said OM due to the want of required number of vacancies/posts. It is, therefore, requested that the required number of posts may kindly be created and the said OM be implemented as per Annexure II or our officers may kindly be granted in-situ promotions requiring no creation of posts. The upgradation of the Superintendents, completing 20 years & 25 years of service after joining as Inspector, to the post of AC and DC respectively will also require approximately no expenditure as they are already getting the salaries of the said posts.
4. No heed has also been paid to the DOPT communications issued vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No. 35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the cadre restructuring should be viewed to mitigate the stagnation of the stagnated employees. The CBEC already has around 30000 group ‘B’ Central Excise executive officers comprising Superintendents and Inspectors retiring only with one promotion in their service career. The officers joining as Inspector even in 1975 are still waiting to enter group ‘A’ while of 1987 to become Superintendent but no measures have been taken to mitigate their acute stagnation. It is also worth to submit that the Examiners of Customs and Inspectors of Income Tax of 1992 have already become AC while the Assistant of 1992 in CSS has become Under Secretary (our DC). The Assistant of 1987 in CSS has become Deputy Secretary (our JC) while the Assistant of 1985 in Rajya Sabha Secretariat has become Director (our ADC). Nothing has also been done despite of the specific directions dt. 03.08.11 of the Hon’ble Supreme Court in Civil Writ Petition No. 385/10 to frame just & fair RR’s except fixing a ratio of 13:2:1 for entry to Group ‘A’ Junior Time Scale in contrary to Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10 mandating fixation of no ratio in the case of small number of promotional posts as around 2% is too small in our case. CBEC has itself admitted in the meeting of 18.02.11 that the mere change in the existing ratio would be insufficient to address the situation. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to senior group ‘A’ posts in Central as well as State governments while the Central Excise Superintendents are allowed to be promoted (if any) merely to a junior group ‘A’ post.
5. The DOPT is saying that the ongoing cadre restructuring in CBEC is required to be re-cleared from Expenditure due to austerity measures knowing very well that it is not a non-productive expenditure and also it was initiated 6 years before the issuance of the current austerity measures. DOPT is also saying that we should save rupees one thousand crore by preventing cadre restructuring to sacrifice rupees fifty thousand crore of government revenue to be earned with the help of the working hands to be created under cadre restructuring. As already submitted, the government is already short of revenue target for the first half of the current financial year due to shortage of working hands. This is the only IInd cadre restructuring to be happened in the history of CBEC. Last cadre restructuring was done in 2002. As per guidelines, two more cadre restructurings should have happened after 2002. But very unfortunately, the ongoing one is also pending for last more than 6 years and our officers are forced to retire every month without promotion.
            6. In view of the above, it is requested that the cadre restructuring may kindly be approved & implemented immediately in time bound manner in its original form without any cut and also an immediate device independent of cadre restructuring may kindly be formulated for the acutely stagnated Central Excise Superintendents to retire in PB-4 granting them parity with their common entry counterparts.
Thanking you,         
Yours faithfully,

Encls: As above (Annexure I & II)
 (RAVI MALIK),
Secretary General.








“Annexure I”

PROMOTIONAL AVENUES OF INSPECTOR OF CENTRAL EXCISE

(1) Inspector
(2) Superintendent
(3) Asstt. Commissioner-Junior Time Scale (only 1.78%)
{ONLY ONE PROMOTION}


PROMOTIONAL AVENUES OF EXAMINER OF CUSTOMS (SAME ORGANISATION)

(1) Examiner
(2) Appraiser
(3) Asstt. Commissioner
(4) Deputy Commissioner
(5) Joint Commissioner
(6) Addl Commissioner
{5 PROMOTIONS}


PROMOTIONAL AVENUES OF INSPECTOR OF INCOME TAX (SAME DEPARTMENT)

(1) Inspector
(2) Income Tax Officer
(3) Asstt. Commissioner
(4) Deputy Commissioner
(5) Joint Commissioner
(6) Addl Commissioner
(7) Commissioner
{6 PROMOTIONS}


PROMOTIONAL AVENUES OF ASSISTANT OF CSS

(1) Assistant
(2) Section Officer
(3) Under Secretary     (Senior Time Scale-equivalent to 2 promotions)
(4) Deputy Secretary
(5) Director
(6) Joint Secretary
{EQUIVALENT TO 6 PROMOTIONS}

PROMOTIONAL AVENUES OF ASSISTANT OF RAJYA SABHA SECRETARIAT

(1) Assistant
(2) Section Officer
(3) Under Secretary     (STS-equivalent to 2 promotions)
(4) Deputy Secretary
(5) Director
(6) Joint Secretary
{EQUIVALENT TO 6 PROMOTIONS}





 “Annexure II”

Qualifying service to be prescribed for Central Excise executive officers as per DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector.
(ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector (There is no justification of promoting an officer from a grade pay of Rs. 5,400/- on account of time scale after 4 years of service to Rs. 5,400/- only. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a post with a grade pay of Rs. 6600/- instead of Rs. 5400/- in Central as well as State governments.).
(iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector.
(iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector.
(v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector.
(vi) 23 years for promotion to the HAG after joining as Inspector.                                              
(vii) 24 years for promotion to the HAG + Scale after joining as Inspector.
(viii) 26 years for promotion to the HAG Apex Scale after joining as Inspector.
(ix) 27 years for promotion to the HAG + Apex Scale after joining as Inspector.

 Keeping in view the extraordinarily acute stagnation of the Central Excise executive officers (Superintendents/Inspectors), there should kindly be incorporated the permanent provisions in the recruitment rules in addition to the above qualifying services at every level to promote the officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of qualifying service. Such provisions may be created based on the precedent when all the Section Officers (equivalent to our Superintendent) of CSS were promoted to the post of Under Secretary (equivalent to our Deputy Commissioner) after completion of one & half times of qualifying service some years ago in 1999.

All the additional posts at group ‘A’ entry level may also be kept reserved for the promotee officers to make the IRS stature secured and additional posts may kindly be created for the promotee officers at every level in proportion of CSS strength. It is also worth to submit that a good number of posts of the Joint Secretary have been kept reserved for CSS officers in the latest cadre restructuring of them.




















ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                  Address for communication:                                   Secretary General:
Lokanath Mishra               240, Razapur, Ghaziabad-201001 (U.P.)                                           Ravi Malik
Mob. 09437314941           mail Id: ravimalik_sweet@yahoo.com                               Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob. 09313885411)         Treasurer: N.R.Manda (Mob. 09871483585)
(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. 06/MACP/13                                                                                           Dt.18.01.13
To,
Sh. V. Narayanasamy,
The Hon’ble Minister of Personnel, Public Grievances & Pension,
North Block, New Delhi.
                                                                        Sub: Irregularities in MACPS.
Sir,
            It is submitted with due regards that-
a) The DOPT authorities have offset MACP upgradation with the time scale after 4 years of service while the time scale and MACP/ACP upgradation are altogether different things requiring different procedures for implementation. Holding of DPC is necessary for granting the MACP benefit like in the case of functional promotion but it is not required for the grant of time scale. There exist no statutory provisions to offset MACP benefit by the time scale. It was also nowhere mentioned in the Notification of the Govt. dt. 29.08.08 that the benefit of MACP upgradation would be offset by the time scale.
b) Para 8.1 of MACPS instructions stipulating Rs. 5400/- in PB2 and PB3 as separate grade pays is not lawful in itself because of lacking any financial benefit to the employee which is the basic feature of ACPS or MACPS. This para does also not clarify which grade pay of the both is higher in monetary terms.
c) Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. In original ACPS, the employees were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service only. In MACPS, they’ll be able to get this grade pay of Rs. 5400/- in PB3 after 30 years of service on account of the un-reasoned clarifications of the DOPT authorities. Thus, scheme has been de-modified instead of being modified and Modified ACPS is being proved to be lossful to the employees instead of beneficial as compared to the original ACPS.
d) MACPS has been further de-modified saying that the higher grade pay would be 
granted in the hierarchy of pay band and grade pay instead of the promotional hierarchy. The original ACPS was introduced to compensate the employees against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s. Thus, the original aim & intention to introduce ACPS are missing in MACPS.
e) The officers performing same nature of duties after serving with the same length of service have to draw the different grade pays due to un-reasoned clarifications by the DOPT authorities on MACPS. The officers can't be granted different grade pays for performing same nature of duties after serving for the same length of service. It is violative of the ‘doctrine of equal pay for equal work’ as well as ‘fundamental right to equality’.
f) The Notification of the Govt. dt. 29.08.08 very clearly says that the financial upgradations under MACPS would be granted in the higher grade. It is nowhere mentioned in the Notification that the upgradations would be granted in the hierarchy of the grade pays.
            2. In view of the above, the MACPS as a whole is required to be relooked for the sake of natural justice, uniform implementation of the law and uniformity before the law. Accordingly, it is requested that the financial upgradations under MACPS to the employees may kindly be granted without creating more than one categories in a cadre for the same length of service and the following rectifications may kindly be made in the MACPS-
a) The offsetting of MACP upgradation with the time scale may kindly be undone.

b) Para 8.1 of MACPS instructions may kindly be withdrawn.
c) The higher grade pay may kindly be granted in the hierarchy of actual financial benefit.
d) The officers performing same nature of duties after serving with same length of service may kindly be granted same grade pay.
e) The financial upgradations may kindly be granted in the higher grades as notified in the above referred Notification dt. 28.08.08.
 3. As far as the Inspectors & Superintendents of Central Excise are concerned, they may kindly be allowed the MACP upgradations in the following manner in consonance of the clarification point No. 3 in OM No. 35034/3/2008-Estt. (D) Dated 09.09.10 of DOPT maintaining the complete uniformity for the officers having served for the same length of service-
(i) A grade pay of Rs. 4,800/- on Ist upgradation after 10 years of service to an Inspector of Central Excise, if not got 1 functional promotion.
(ii) A grade pay of Rs. 6,600/- on IInd upgradation after 20 years of service to an officer joining as Inspector of Central Excise, if not got 2 functional promotions.
            (iii) A grade pay of Rs. 7,600/- on IIIrd upgradation after 30 years of service to an officer joining as Inspector of Central Excise, if not got 3 functional promotions.
4.  It is further submitted that we have no other platform like Anomaly Committee to raise this issue on account of ourselves being belonged to a cadre drawing a grade pay above Rs. 4,200/-. Therefore, you are the only hope for us to get justice.
Thanking you,
                                                                                                                                             Yours faithfully,   

                                                                                              
(RAVI MALIK),
                                                                                                             Secretary General.