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.
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.
