CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS): CORRESPONDENCES MADE BY AIACEGEO

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. 01/MACP/13 Dt. 04.01.13 IMMEDIATE

To,

The Member (P&V),

CBEC, New Block,

New Delhi.

Sub: MACP upgradation to the time scale holders.

Madam,

Your kind attention is invited to the MACP upgradation orders issued vide No. Addl. CIT(HQ)Admn. / Elig. List-ITOs-MACPS / 11-12 Dt. 14.02.12 o/o the Chief Commissioner of Income Tax, Mumbai (copy enclosed).

2. It is submitted with due regards that the Income Tax Officers (at S. No. 1 to 16, 18, 20 t0 79, 81 to 86 & 88 to 90 of the above mentioned order), already holder of time scale under a grade pay of Rs. 5400/- in PB2 after 4 years of service, have been placed under a grade pay of Rs. 5400/6600 in PB3 on IInd/IIIrd MACP upgradation without offsetting it with the time scale. But in CBEC, the MACP upgradation has been offset with the time scale placing our officers at loss of one MACP upgradation.

3. In view of the above, it is requested to issue the necessary directions to all the field formations on immediate basis not to offset the benefit of MACP upgradation with the time scale. It is also worth to submit that the officers of CBEC can’t be deprived of the said benefit particularly when the officers of CBDT under the same Department of Revenue are getting it.

Thanking you,

Yours faithfully,

Encl: As above.

(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

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. 02/revision/13 Dt. 07.01.13

To,

Sh. P. Chidambaram,

The Hon’ble Minister of Finance,

Govt. of India, North Block,

New Delhi.

Sub: Retrospective implementation of the pay scale revision of the Superintendents of Central Excise.

Sir,

With due regards, the Association invites your kind attention to the upgradation of the pay scales in r/o of the below mentioned categories of employees:

i) The pay scale of Auditors/Accountants, Asstt. Audit Officers/Asstt. Accounts Officers etc. for organized Accounts Departments in various Ministries were revised notionally w.e.f. 01.01.96 with actual payments made from 19.02.03 vide O.M. No. 6/82/E-III(B)/91 dt. 28.02.03,

ii) The pay scale of Divisional Accountants/Divisional Accounts Officers in Accountant General’s offices were revised notionally w.e.f. 01.01.96 with actual payments from the date of the order, i.e., 28.04.04 vide C&AG’s Circular No. 26/NGE/2004 dt. 28.04.04,

iii) The pay scales of Junior Translator, Senior Translator & Asstt. Directors were revised notionally w.e.f. 01.01.96 with actual payments from 11.02.03 vide Department of Official Language’s O.M. No. 13/6/2002-OL dt. 02.04.2004,

iv) The pay scale of Superintendents/ITOs and Inspectors in CBEC/CBDT were revised to ‘7500-12000’ and ‘6500-10500’ from ‘6500-10500’ and ‘5500 – 9000’ respectively with prospective effect w.e.f. 21.04.04, i.e., from the date of issuance of the order vide O.M. No. 6/37/98-IC dt. 21.04.04,

v) The pay scale of the Superintendents in Narcotics Control Bureau was revised to ‘7500-12000’ from ‘6500-10500’ w.e.f. 01.01.96 with all consequential benefits vide U.O. No. 169/1/2005-IC dt. 11.04.05 of the Department of Expenditure leading to the issuance of Order F. No. II/2(38)/2004-Estt. dt. 20.04.05 by the Narcotics Control Bureau,

vi) The pay scale of Asstt. Geophysicist was upgraded to ‘7500-12000’ from ‘6500-10500’ notionally w.e.f. 01.01.96 with actual payments from 20.07.04 in the Department of Geological Survey of India vide order dt. 18.08.04.

Thus, all of above revisions of pay scale took place with retrospective effect except in the case of Superintendents/ITOs and Inspectors in CBEC/CBDT. It is also submitted that the revised pay scale is made applicable ‘from the date of introduction of said pay scales’ in all cases of revision as a settled law instead of ‘at a later point of time’. It is also worth to mention that the officers were granted the retrospective benefit against the orders at S. No. ii), v) & vi) above despite of the fact that their pay scales were revised even after the revision of pay scales of Superintendents & Inspectors of Central Excise.

2. The Association has been continuously raising the demand for implementing the revised pay scales with retrospective effect instead of 21.04.2004 since very beginning because none of our officers was benefitted from the revision of pay scale w.e.f. 21.04.04 due to the reason that the basic pay of the most of them was equal to or more than ‘6500 (in the case of Inspectors)’ and `7500 (in the case of Superintendents)’ on the date of revision. The CBEC has also recommended many times to the Department of Expenditure for allowing retrospective revision of said scales but the Department of Expenditure is continuously denying the retrospective revision. Department of Expenditure is denying the retrospective revision of pay scale on the below mentioned ground:

i) That the 6^th Pay Commission has considered the retrospective revision for executive posts of CBEC & CBDT vide its Para No. 7.15.16 and has not accepted retrospective revision of pay scale,

ii) That any proposal for upgradation of the pay scale of executive cadres of CBEC & CBDT would need to be viewed in the context of the relativities, these posts have with the Assistants of CSS etc., as recruitment to these posts is made on the basis of common examination conducted by the SSC.

iii) That in case of upgradation is accepted retrospectively, similar demand would be made by Assistants of CSS and the financial implication would be quite high.

Thus, the retrospective revision of pay scale of Inspectors and Superintendents/ITOs in CBEC/CBDT is being denied merely on three grounds that 6^th Pay Commission has not recommended for the same; that if the demand is accepted, similar demand would be made by Assistants of CSS who have parity with Inspectors of CBEC/CBDT; and that if the demand of retrospective implementation of pay scales is accepted, financial implications would be quite high.

3. All of the three issues are discussed one by one as under:

i) Recommendations made by 6^th Pay Commission:

(A) The 6^th Pay Commission under para 7.15.16 has discussed as below –

“A demand has also been made for allowing the scale of Rs. 6500-10500 in case of Inspectors/equivalent and of Rs. 7500-12000 in case of Appraisers/Superintendents/Income Tax Officers/equivalent retrospectively from 01.01.96. The commission is not considering demands seeking retrospective applications of some or other order unless a clear cut and manifest anomaly that cannot be corrected other than through such retrospective revision is made out. Such is not the case here. The demand cannot, therefore, be considered.” (Emphasis applied)

It is clear from above that 6^th Pay Commission was of the view that the general demand without any clear cut and manifest anomaly made for retrospective upgradation of the pay scale could not be considered. Now, it is submitted that the Superintendents of Narcotics Control Bureau (NCB) have been allowed the pay scale of ‘7500-12000’ with all consequential benefits (i.e. with arrears of pay) w.e.f. 01.01.96. There exists an established parity and relativity between Superintendents/Intelligence Officers of NCB and Superintendents/Inspectors of CBEC as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of CBEC are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the Group ‘A’ entry level till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of CBEC are till now performing their duties as Superintendents of NCB. The mode of recruitment of the Inspectors/Intelligence Officers in CBEC/NCB is through common competitive examination conducted by SSC. The posts of Superintendents in CBEC and NCB are filled up through promotion, not through direct recruitment, from the Inspectors/Intelligence Officers. Further, the Sixth Pay Commission had categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar and recommended for parity of Inspector in the Central Bureau of Narcotics with the Inspector of Central Excise. Also the pay scale of Superintendent (NCB) had already been upgraded on 20.04.05 to the level of the pay scale of Superintendent of CBEC and their orders of upgradation were issued on 20.04.05, i.e., exactly after 1 year from the date (21.04.04) of upgradation of pay scale of Superintendents in CBEC. But pay scale upgradation to Superintendents in NCB was allowed with all consequential benefits with effect from 01.01.96 whereas the pay scale of Superintendents in CBEC was given prospective effect from 21.04.2004.

This shows that the issue relating to the upgradation of pay scale of Superintendents in CBEC at par with Superintendent in NCB has not been considered. Otherwise also, under Para 7.15.16, Pay Commission has stated that the general demand without any anomaly made for upgradation of the pay scale of ‘7500-12000’ cannot be considered. It may be pertinent to mention here that a ‘clear cut & manifest anomaly’ has occurred and as such it is a fit case for being granted pay scale of ‘7500-12000’ w.e.f. 01.01.96 to the Superintendents of CBEC maintaining their established relativity and parity with the Superintendents of NCB as the Para 7.15.16 of the report of 6^th CPC has no application in the instant case.

(B) Moreover, if the recommendations made in the report submitted by the 6^th CPC have been relied upon by the Department of Expenditure for denial of upward revision of pay scale to the Superintendents of CBEC, Para 7.15.24 of the same report of the 6^th CPC should have been relied to grant due benefit to them as under:

“7.15.24: The posts of Assistant Enforcement Officer and the Chief Enforcement Officer have traditionally been on par with the posts of Inspectors and ITOs/analogous posts in CBDT and CBEC. Subsequent to up-gradation of posts of Inspector/ITOs/analogous posts in CBDT and CBEC, the Government also up-graded the posts in Enforcement Directorate but with a time lag. Since the parity between these posts is well established, the Commission recommends that the same should be maintained in future.” (Emphasis applied).

Thus, the pay commission has observed that the posts of Enforcement Officer and Chief Enforcement Officer in the Directorate of Enforcement, Department of Revenue have parity with the posts of Inspectors and Superintendents of CBEC respectively. Thereafter, the 6^th CPC has made clear cut recommendations that this parity should be maintained in future. Vide U.O. No. 6/98/99-IC, dated 29.09.2005, the Department of Expenditure had allowed the revision of pay scales of Enforcement/Chief Enforcement Officer and consequently, the Department of Revenue issued order F. No. 16/26/2004-Ad. IC, dated 4^th October, 2005 revising the pay scale of Chief Enforcement Officer to ‘8000-13500’ from ‘7500-12000’. Therefore, the pay scale of Superintendents of CBEC should have also been upgraded to ‘7500-12000’ w.e.f. 01.01.96 and ‘8000-13500’ w.e.f. 04.10.05 at par with their counterparts in ED. Consequently, after implementation of 6^th CPC report, the Superintendents of CBEC should have also been placed in Grade Pay of 5400 w.e.f 01.01.06.

It is also worth to mention that the more beneficial one is always implemented (even legally) whenever more than one recommendations are made.

(C) Thus, the Department of Expenditure should rely upon the Para 7.15.24 of the report of 6^th CPC instead of Para 7.15.16. As a consequence, the Superintendents of Central Excise should be granted the pay scales of ‘7500-12000’ w.e.f. 01.01.96 and ‘8000-13500’ w.e.f. 04.10.05. The basis for denial of retrospective revision of pay scale referring Para 7.15.16 and ignoring the upward revision equivalent to Chief Enforcement Officer w.r.t. Para 7.15.24 should never be on selective basis and as per the convenience of the Department of Expenditure. If they are accepting Para 7.15.16, they should also accept Para 7.15.24 of the report of 6^th CPC for revising the pay scale of Superintendents in CBEC.

(ii) Parity of the Assistants in CSS with the Inspectors in CBEC/CBDT:

The Department of Expenditure has assigned one of the reasons for rejecting retrospective revision of pay scale for Superintendents/Inspectors in CBEC to the parity of Assistants in CSS with the Inspectors in CBEC/CBDT. We are not denying this parity because both the Assistants in CSS and Inspectors in CBEC/CBDT are being recruited through common entrance examination conducted by SSC and have same pay scale since the creation of these posts except for some period before & after 4^th CPC and again between 5^th & 6^th CPC when the Assistants were placed under a lower pay scale as compared to the Inspectors but they were, later on, placed in the higher pay scale bringing them at par with the Inspectors. However, the duties assigned to the Inspectors of CBEC are more hazardous than the duties performed by the Assistants of CSS. The Assistants and Inspectors are promoted to the posts of Section Officers and Superintendents respectively. Again the duties performed by the Superintendents of CBEC are more hazardous than the duties performed by the Section Officers of CSS. The Inspectors and Superintendents of CBEC are collecting entire indirect tax for the Government of India by performing their duties in day and nights at the borders and in sea water, among other places, of Indian Territory countering with hardcore smugglers. Clearly, the Inspectors and Superintendents of CBEC deserve better pay scales than the pay scales of their counterparts including Assistants and Section Officers of CSS. However; if the parity of Assistants with the Inspectors of CBEC/CBDT has been considered by Department of Expenditure while assigning the higher pay scale to the Assistants of CSS, Superintendents of CBEC should also be given parity with the Section Officers of CSS. The Section Officers of CSS were granted the non-functional pay scale of ‘8000-13500’ vide DOPT OM No. 5/4/2005-CS-I dt. 30.03.06 with retrospective effect from 01.01.96 and the grade pay of ‘5400’ in PB-3 vide Department of Expenditure resolution No. 1/1/2008-IC dt. 29.08.08 after 4 years of service. On the other hand, the Superintendents of CBEC (the counterparts of Section Officers of CSS have been granted the grade pay of ‘5400’ in PB-2 (not in PB-3) after 4 years of regular service and that too w.e.f. 01.01.06 only. Therefore; if the Department of Expenditure is accepting the parity of Assistants with the Inspectors of CBEC, the Superintendents of CBEC also deserve equal pay scales which has been assigned to the posts of Section Officers. Thus, the Superintendents of CBEC should have been granted the non-functional pay scale of ‘8000-13500’ w.e.f. 01.01.96 and grade pay of ‘5400 in PB-3 w.e.f. 01.01.06 after 4 years of regular service.

Clearly, the Department of Expenditure cannot take dual standards for parity. When the Assistants of CSS have been granted parity in pay matters with the Inspectors of CBEC, the Superintendents of CBEC are to be necessarily granted pay parity with the Section Officers of CSS based upon their established relativities and parity in pay matters.

(iii) High Financial Implications:

The third reason for rejecting the retrospective revision of pay scale by Department of Expenditure has been given to be the quite high financial implications. You are very well aware that the Inspectors and Superintendents of CBEC are the cutting edge officers undertaking all field operations for the collection of revenue in r/o Customs duties, Excise duties and more importantly, the Service Tax. In the year 1994, Service Tax was introduced but no additional staff for collecting the same was sanctioned to CBEC. The additional work-load arising out of the said collection of Service Tax has been borne by the Inspectors and Superintendents of Central Excise. The Service Tax collection alone stood at ‘97,000 Crore’ during the year 2011-12 and it has been targeted at ‘1,24,000 Crore’ for the current financial year. The total Indirect Tax Revenue collected during 2011-12 was ‘3,90,895 Crore’ and it has been fixed at ‘5,05,000 Crore’ for the current financial year. The entire work of collection of this revenue has been casted on the shoulders of Inspectors and Superintendents of CBEC. In fact, they are continuously fighting on the financial frontiers of the country and yet have been given a step motherly treatment. There exists not only an acute stagnation (only one promotion from Inspector to Superintendent throughout the whole career) of officers joining as Inspector in CBEC but also the due pay scales have not been granted to Inspectors and Superintendents with retrospective effect since when their analogous counterparts were granted the higher pay scales. On the other hand, the same has been allowed to their counterparts in the Narcotics Control Bureau w.e.f. 01.01.96. The high financial implications are often quoted against such proposal. In fact, the evaluation of any of such proposals should be made in the context of the collection cost of the revenue instead of quoting financial implications. According to a study conducted by DGHRD in CBEC, the collection cost of Indirect Tax revenue from Customs duties, Central Excise duties and Service Tax in India is ‘0.80’ for every ‘100’ collected which is @ 0.8% only whereas the world over collection cost for Indirect Tax revenue is at presently over ‘2’ for every ‘100’, i.e.’ @ more than 2%. Therefore, the financial implications of the retrospective revision of pay scale of Superintendents & Inspectors of Central Excise would be so meagre that the collection cost (which is much below the world standards) would remain static or even less on account of higher revenue collections due to the feeling of job-satisfaction & motivation. If the Inspectors and Superintendents in CBEC are granted the revision of pay scale with retrospective effect, it would lift the sagging morale of the cadre leading to buoyancy of Indirect Tax revenue which could significantly reduce the fiscal deficit. Further, the Government is going to implement the Goods and Services Tax based upon the tax system in the most of the countries of the world. The GST for Union Government would be collected by the Inspectors and Superintendents of CBEC. Therefore, it is expected before the introduction of GST that the Government would bring the pay structure and service status of Inspectors and Superintendents in CBEC at par with the Indirect Tax officers of other countries where GST system is already in force.

Thus, the denial of retrospective revision of pay scale on the ground of high financial implications is not logically correct as the above said anomaly has arisen on account of different dates of revision prescribed by Department of Expenditure for different categories of employees. Had the Inspectors/Superintendents in CBEC been allowed the revision of pay scales w.e.f. 01.01.96 after Vth CPC, there would have not been raised the question of financial burden. If the pay scales of employees in other departments were revised w.e.f. 01.01.96 or 01.01.86 (or so on) by the Department of Expenditure, the prospective revision of pay scale from 21.04.04 for the Inspectors and Superintendents in CBEC cannot be held logically correct.

4. Therefore, the above said grounds taken by the Department of Expenditure for the rejection of the implementation of the pay scale with retrospective date for Inspectors and Superintendents of CBEC are not correct and appear to be arbitrary & legally not sustainable. The proposal sent by the CBEC recommending retrospective revision of pay scales for the Inspectors and Superintendents was also cleared by the IFU which is a part of the Department of Expenditure and as such, the Department of Expenditure has logically no grounds for rejection.

5. Therefore, your kind intervention in the matter is very much requested to consider sympathetically the implementation of the revised pay scale to the Superintendents of CBEC with the retrospective effect as granted to their analogous counterparts.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with request for necessary action to:

The Chairperson, CBEC, North Block, New Delhi.

(RAVI MALIK)

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

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 5^th 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 6^th CPC report, wherein the 6^th 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 5^th CPC. The 5^th 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

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

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.

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

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. 07/NFFU/13 Dt.18.01.13

To,

Sh. V. Narayanasamy,

The Hon’ble Minister of Personnel, Public Grievances & Pension,

North Block, New Delhi.

Sub: Non Functional Financial Upgradation to the Central Excise executive officers at par with the counterparts of CSS.

Sir,

With due regards, your kind attention is invited to the DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting non-functional financial up-gradation (NFFU) to the officers of organised group-A Services in PB-3 and PB-4 at par with the IAS officers junior to them by 2 years in terms of 6^th CPC recommendations as under:

“Whenever an IAS officer of the State of Joint Cadre is posted at the Centre to a particular grade carrying a specific grade pay in PB-3 or PB-4, the officers belonging to batches of organized Group-A services that are senior by two years or more and have not so far been promoted to that particular grade would be granted the same grade on non-functional basis from the date of posting of the Indian Administrative Service Officers in that particular grade at the Centre.”

2. It further submitted that the NFFU in PB-4 (Rs. 37400/- + GP8700/-) after 12-14th year of service to Group-A officers (starting with JTS pay of Rs. 15600/- + GP5400/-) resulting in 40% increase in the basic pay was also notified after overruling the 6^th CPC, which recommended it for the higher level of Joint Secretary. Thus, all the officers in the Group-A services are getting 6-7 financial or promotional up-gradations in their entire career which includes NFFU after 4 years, after 12-14th year and others by getting pay parity with IAS officers junior by 2 years.

3. Likewise, the officers recruited as Assistant Grade (Group-B, NG) in the Ministries get the benefit of promotions and financial up-gradations in the grade of- i) SO 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/- on in-situ basis thanks to the separate CSS Rules for these officers. However, their counterpart Inspectors of Central Excise etc. in CBEC recruited as Group-B (NG) through the same All India competitive examination get only one promotion in 35 years and non-functional financial upgradation under MACP scheme after 30 years with GP of Rs. 5400 in PB3 only. Thus, Inspectors of Central Excise are not treated at par with the counterparts of Assistant grade officers even for the grant of NFFU. These Assistant grade counterparts are retiring 4/5 grades above the officers recruited as the Inspector of Central Excise. On account of this, the Assistant grade counterparts are getting 60% more pay than the officers recruited as Inspectors of Central Excise. Even the pension of CSS counterparts is more than the salary of the officers recruited as Inspectors of Central Excise. The Inspectors of Central Excise are recruited in PB2 and also retire with a PB2 post barring 1.78% while their counterparts retire in PB4 after being recruited in PB2 through the same recruitment process and eligibility conditions.

4. Needless to say that the Group-A officers in the Ministries of GOI are selected under Central Staffing Scheme on deputation basis from 36 cadres of organized Group-A Services (with preference to IAS) or from the Group-A officers of Central Secretariat Services (CSS) Cadre being promoted from Assistant Grade (Group-B NG). The officers under Central Staffing Scheme and CSS cadre (Assistant grade, SO, US, DS, Director, JS) are responsible for making rules governing pay, promotion and other service conditions of Central Govt. employees. So, all the officers in the organized Group-A services are getting non-functional financial up-gradation in the pay grade granted to IAS officer who is junior by 2 years, i.e., assured 6-7 financial/promotional up-gradations including 40% increase on 12-14^th year in PB-4. Similarly, CSS officers recruited as Group-B (NG) are retiring 4/5 grades above in PB-4 with 60% more pay than the officers recruited as the Inspector of Central Excise (who are also looking for the work of Customs and Service Tax) in CBEC as submitted in the preceding para.

5. The above facts very well manifest the injustice meted out to the officers joining as Inspector of Central Excise. Thus, the officers recruited as the Inspector of Central Excise also deserve the grant of the non-functional financial up-gradation in the grade granted to the Assistant grade officers in CSS in the analogous manner of granting the non-functional financial up-gradation (pay parity) to all Group-A officers at par with IAS officers.

6. It is, therefore, requested that the officers joining as the Inspector of Central Excise may also kindly be granted non-functional financial upgradation at par with their counterparts of CSS on batch to batch basis enabling them also to retire in PB4 like their counterparts.

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

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. 09/H/13 Dt.22.01.13

To,

Ms. Praveen Mahajan,

The Chairperson, CBEC,

North Block, New Delhi.

Sub: Transfer/posting of Association functionaries in Chandigarh Zone.

Madam,

Kindly refer to the following communications of the Association made to the administration-

i) Ref. No. 22/meet/12 Dt. 22.08.12,

ii) Ref. No. 27/meet/12 Dt. 10.09.12,

iii) Ref. No. 49/Assn/12 Dt. 28.09.12,

iv) Ref. No. 51/meet/12 Dt. 08.10.12,

v) Ref. No. 64/Assn/12 Dt. 29.10.12,

vi) Ref. No. 72/H/12 Dt. 05.11.12 etc.

2. It is further submitted with due regards that the duly elected Association functionaries of the Chandigarh Unit of this Association has been relieved on 08.01.13 for J&K Commissionerate from their present charge without any prior notice ignoring the orders of the Hon’ble CAT. The Hon’ble CAT had directed that the decision on their transfers is to be taken by the highest departmental authority.

3. It is an accepted fact that it is always the prerogative of the administration to transfer/relieve the officers as per the policy but the way of treating the Association functionaries representing the entire cadre as “stand relieved” and that too without any intimation is highly disappointing. The Association is of the firm opinion that the local administration of Chandigarh has done it intentionally to suppress the Association as well as whole staff-side. It appears that the concerted efforts of the Chandigarh Unit of the Association to take the grievances of the members to the highest level has not been liked by the Chandigarh administration, which has led to such kind of attitude towards the elected Association functionaries.

4. This type of action of the administration has un-necessarily disturbed the whole cadre and compelled the concerned Association functionaries to knock the doors of the Hon’ble CAT. As a result, the Hon’ble CAT had been kind enough to grant stay against the unjustified transfer/relieving orders dated 08.01.13. On one hand, this Association was appealed by the worthy Member (P&V) in 02.11.12 meeting to ask the members not to go into litigations against the authorities; while on the other hand, the staffside is being forced to approach the legal courts by such high-handed, victimising and suppressing attitude of the administration. Not only it, all the officers once playing active role in the Association activities are being harassed and victimised by transferring them against the policy as a personal pleasure, e.g., S/Sh Gurdeep Singh, Rakesh Bhargava, D.R.Bhagat, K.S.Nahar, R.S.Multani, Sh Anuj Sharma, Ashok Sharma, Behl, V.S. Sekhon, Pahuja, Dilbag Rai etc. The latest name in this endless series is Sh. Bagga who has been victimised even after the matter of other officers being brought to your kind knowledge and also submitted to the Member (P&V) in person on 02.11.12. It seems that the Chandigarh administration has no faith in the rule of law and only rule to be followed there is the highhandedness & personal pleasure by the administrative authorities. They give no importance to the employee grievance redressal mechanism. Staffside is being suppressed & suppressed despite of knowing that they are already suppressed for decades on account of lack of promotions, pay, working conditions, basic amenities, due facilities and everything. And despite of lacking everything to motivate, this already suppressed staffside is continuously giving the best results by earning indirect taxes for the government. It is requested that the administration should look into the redressal of staff grievances instead of suppressing them.

5. In view of the above, your goodself is very much requested to intervene into the matter to control the unruly situation in Chandigarh Zone and give justice to the staffside as well as the Association functionaries by withdrawing the transfer orders made against policy. The transfer of the Association functionaries to J&K will totally mar the staff welfare activities of the Association in the Chandigarh Zone.

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

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. 11/M/12 Dt. 24.01.13

To,

The Member (P&V),

CBEC, North Block,

New Delhi.

Sub: Points for the meeting of 31.01.13.

Madam,

Kindly refer to-

i) the message of your goodself received through your OSD calling the representatives of the Association for a meeting to be held on 31.01.13 and

ii) also the meeting held on 02.11.12 under the Chairpersonship of yours.

2. It is submitted with due regards that the various grievances of the staffside were discussed in the meeting of 02.11.12 but, very unfortunately, none of the grievances has been redressed till date. All of the grievances are unredressed despite of the positive assurance given to the Association by the authorities during each meeting. Even the grievances, which are purely in the hands of Board, are not being redressed. Therefore, the following points are hereby submitted for the kind consideration of the administration under the hope of the staff grievances to be taken seriously this time. It is also worth to mention that the Association has already submitted the various representations on every issue but the same were never taken seriously by the administration giving the only impression that our Board is meant only for looking the interests of the IRS. It is expected that the staffside would be given the opportunity to erase the anti-staff image of our Board from their minds resolving the following issues this time-

1. Immediate approval & implementation of cadre restructuring without any cut: The necessary steps may kindly be taken for immediate approval of the ongoing cadre restructuring without any cut as already approved by Expenditure. All the posts may kindly be approved on permanent basis and be filled in un-staggered manner only by promotions with no direct recruitment at group ‘A’ entry level at least for 5 years particularly keeping in view the extraordinarily acute stagnation of the Superintendents/Inspectors of Central Excise. The stoppage of direct recruitment at group ‘A’ entry level will also protect the IRS (DR) stature. It was also agreed by the Board during the presentation made on cadre restructuring on 18.01.11 that no direct group ‘A’ entry would be made for more than 1 years. The Association was assured about doing the needful in respect of cadre restructuring during the meeting of 02.11.12 but nothing happened till date. The ongoing cadre restructuring was started in 2006 and its pendency has reached in its 7^th year while the next cadre restructuring has already become due. Two more cadre restructuring should have happened after 2002 and the work for IIIrd one should have been started.

2. Immediate re-framing of RR’s and regularization of all adhoc promotions: The new RR’s of IRS formulated as per the Apex Court verdict dt. 03.08.11 & 30.03.12 will never be able to grant “just & fair representation” to Central Excise stream officers and are not acceptable to the Association. All the adhoc promotions may also kindly be regularised based on “just & fair” RR’s following the precedent of the regularisation of promotions since 1980 as per the Apex Court verdict. It may also kindly be ascertained whether the promotions were regularised since 1980 on the previous occasion or since 1979 giving excess vacancies to the Appraiser stream. The regularisation since 1980/1979 is still incomplete because the provisions of extended panel were not applied to it. So, all the promotions since 1980/1979 to till date may kindly be regularised by immediate implementation of the Supreme Court verdict dt. 03.08.11/30.03.12 by framing “just, fair & equitable” recruitment rules and abiding all the ad hoc promotions with the same duly using the extended panel to grant parity in promotions to all the common entry counterparts maintaining their relative seniority. No heed has been paid to the issue till date. Even the so called revised RR’s are not being abode to all of the ad hoc promotions as directed by the Apex Court. The representations submitted by the Association on the issue have also been paid no heed. “Just & fair representation” will never be possible by the revised rules till senior officers of Central Excise continue to work under the junior officers of Customs recruited in the same cadre of Inspector.

3. Notional promotions: As far as the Supreme Court verdict is concerned, the Central Excise officers may kindly be granted notional promotions by creating supernumerary posts for the sake of “just & fair representation” considering that they are two decades behind their counterparts of Customs entered into the same cadre at one & the same time in same organisation through same recruitment process. Central Excise officers are forced to work under even 20 years junior of Customs Examiner due to the discrimination meted to them as also admitted by the CBEC in the Board meetings of 12.01.11 & 18.02.11. Around one & half thousand of Appraisers, who were junior to the Central Excise Superintendents, have already become the bosses of their senior counterparts of Central Excise. No action has been taken on the issue till date.

4. Parity with common entry counterparts of CSS, CBDT etc. either in the cadre restructuring or independent of it to retire our officers in PB-4: The ADG, HRD was directed to work out the formula to undo the discrimination during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has been initiated till date. The immediate steps may kindly be taken in the matter keeping in view that our common entry counterparts are easily reaching the PB4. They are retiring at the level of Commissioner/Joint Secretary while we are retiring at the level of Superintendent. Even their pension is more than our salary. 1992 Examiners & 1992 Inspectors of Income Tax and 1997 Assistants have long back entered group ‘A’. 1997 Assistants have long back entered to senior group ‘A’ while our Inspector of 1975 is still waiting even to enter the junior group ‘A’. 1987 Assistant of CSS has been promoted to the post of Deputy Secretary (our JC) and 1985 Assistant of Rajya Sabha Secretariat to the post of Director (our ADC).

5. Immediate Fulfilment of the commitments made during the presentation on cadre restructuring on 18.01.11: None of the commitments like (i) All the vacancies of cadre restructuring to be filled up by promotions & extend this benefit for more than 1 year, (ii) Creation of separate service for group ‘B’ executive officers, (iii) Promotion of group ‘B’ gazetted executive officer directly to STS like CSS, (iv) Audit teams to be headed by AC/DC, (v) Work load should be the basis of the reorganisation of Central Excise formations, (vi) Minimum qualifying service for promotion to gazetted post should be uniform for Inspector, PO & Examiner, (vii) All Inspectors, PO’s & Examiners of same year should be brought to same level of promotion etc. etc. made during the presentation on cadre restructuring on 18.01.11 has been fulfilled till date in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11 even after expiry of more than 2 years despite of the assurance of doing the needful. The same may kindly be fulfilled immediately.

6. At least four functional promotions in the service career: Other common entry counterparts of CSS, Income Tax, Customs etc. are already getting 5 to 6 promotions while we are retiring after getting single promotion in the service career of 35-40 years. You were pleased to assure the Association to do the needful in the matter enabling us to get 5 to 6 promotions too in the meeting of 02.11.12 but nothing has been initiated till date. It is requested that the effective measures may kindly be taken up to undo the discrimination granting our officers at least 4 functional promotions.

7. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts: It was decided during the meeting of 15.03.12 that the issue would again be taken up with the Department of Expenditure. You were also pleased to assure the Association of doing the needful in the matter but nothing has been initiated till date. It is requested that the matter may kindly be recommended and taken up with the Expenditure in an effective manner immediately to grant the initial grade pay of Rs. 5,400/- in PB3 to the Central Excise Superintendents w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc. They were granted the same since 1986 alongwith group ‘A’ status. It is also worth to mention that they are defined as “analogous posts” with us and the high power committee formed for the purpose also admitted our parity with them.

8. Non-functional time scale in PB3 to the Superintendents after completing 4 years of service: It was decided during the course of discussions of the meeting of 15.03.12 that the issue would be taken up with the Expenditure. You were also pleased to assure the Association of doing the needful. The time scale has been granted in PB3 to others including CSS while it is merely in PB2 for us. It was granted so to CSS officers since 1996 in PB3/equivalent while since 2006 to us in PB2. Necessary steps may kindly be taken in the matter on immediate basis to grant the same to us also in PB3/equivalent since 01.01.96.

9. Promotion of Group ‘B’ Gazetted Executive Officers directly to STS like CSS etc.: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. Necessary steps may kindly be taken as per the agreed decision on immediate basis. Such proposal was also mentioned as under formulation during the cadre restructuring presentation on 18.01.11 by CBEC. The gazetted officers of CSS including many others (Centre as well as State) are being promoted to senior group ‘A’ while ours merely to junior group ‘A’.

10. Parity between the officers of headquarters organisations & field offices: This intention had also been shown by the 6^th CPC in the questionnaire issued at the time of asking for the representations from the stake holders and also under the recommendations under chapter 3.1 of its report. You were also pleased during the course of 02.11.12 meeting to assure the Association of doing the needful in the matter but nothing has been initiated till date. It is requested that the due steps may kindly be initiated to grant the parity to the field officers with their headquarters offices counterparts including in r/o promotions, time scale, working conditions, direct promotion to STS post, counting of regular service, other career prospects etc.

11. Counting of regular service in consonance of the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.06 of CBEC: The regular service of our common entry counterparts of CSS is being counted from the following 1st July of the year of the recruitment examination in the case of DR officers and from 1st July of the year of the preparation of the panel in the case of promotee officers. The orders for the same have not been implemented in our case despite of the decision taken on the issue. The point was agreed during the meeting of 15.03.12 too. You were also pleased to assure the Association of doing the needful in the matter but nothing has happened till date. Necessary steps may kindly be taken as per the agreed decision on immediate basis and the instructions dt. 22.07.07 may also kindly be made available to the Association.

12. Finalisation of in-situ promotions scheme under consultation of the Association: As we know, even the cadre restructuring will not be able to solve the problem of stagnation of ours. So, the proposal for in-situ promotions may kindly be revived immediately under consultation of the Association considering all of the submissions of the Association. The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter during the meeting of 02.11.12 but nothing has been initiated till date. It is worth to mention that the said scheme is not being finalised & implemented despite of the decision taken in the Board meeting of 12.01.11. The scheme may kindly be formulated & implemented under consultation with the Association immediately. As per DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 (not being followed by CBEC), Inspector should be promoted 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 our officers may kindly be granted in-situ promotions on the basis of above guidelines as the in-situ promotions require no creation of posts.

13. Holding of regular minuted meetings under the employee grievances redressal mechanism: The staff grievances are not being redressed due to the non-observance of such meetings. The meetings are not being held despite of the circular issued by the CBEC vide No. B. 12017/05/2008-Ad.IV.A Dt. 18.01.10 and reiterated vide even number Dt. 02.03.12. The last meetings even at Board level were held after expiry of due intervals and the minutes of the said meetings were also not recorded correctly and also the decisions are unimplemented till date. It is also very unfortunate & disappointing that we are invited for the meetings only after the service of the notice for Satyagraha/agitation by the Association giving the mere impression that our own authorities don’t have time for us and also don’t want to redress our grievances. The Chairperson of the CBEC has no time to see the staffside despite of the repeated requests. All the field formations as well as Board may kindly conduct the said meetings at regular intervals with the staff Associations to revive the grievance redressal mechanism. No grievance of the staffside has been redressed even after the meetings of 15.03.12 & 02.11.12. Even in the present time of transparency, the staffside is unable to approach any of their own authorities, higher or lower. The Association was assured about holding of the due meetings in the future after bimonthly intervals extendable by one month during the meeting of 02.11.12 but no process has been started anywhere in the field formations. The said meeting has also been scheduled on account of the notice for agitation. It is very unfortunate that the last two meetings were also held only for the sake of formality due to the only reason of deferring the agitational programme called by the staffside. It is again reiterated that none grievance of the staffside has been redressed as a result of any of the meetings.

14. DPC for financial year 2012-13: Immediate steps may kindly be taken to conduct the DPC for promotion to Group ‘A’ from Group ‘B’ executive for the year 2012-13 particularly keeping in view the large scale monthly retirements of the Central Excise Superintendents without promotion. The DPC should have been conducted very well in advance preparing an advance panel as per DOPT guidelines but, very disappointingly, no steps have been taken despite of the financial year being near to its end. The Association was assured about the necessary action in this regard during the meeting of 02.11.12 but the same is still awaited while the DPC for ADC to Commissioner has already been conducted perhaps due to the fact that the same was related to the interest of IRS officers.

15. Non Functional Financial Upgradation (NFFU) to the Central Excise executive officers at par with the counterparts of CSS: The officers of group ‘A’ Services have been granted NFFU at par with the IAS officers vide DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09. The officers recruited as the Inspector of Central Excise may also kindly be granted NFFU at par with their counterparts of CSS on batch to batch basis enabling them to retire in PB4 too. The officers recruited as Assistant Grade get the benefit of promotions/NFFU in the grade of- i) SO with GP of Rs. 4800/- & Rs. 5400/- in PB3 after 4 years of service, ii) US with GP of Rs. 6600/-, iii) DS with GP of Rs. 7600/-, iv) Director with GP of Rs. 8700/- (PB4) and v) JS with GP of Rs. 10000/- while our officers are retiring in PB2 after get only one promotion in the career of 35-40 years of service despite of being recruited through common All India competitive examination. Central Excise Superintendents has been granted the time scale in PB2 instead of PB3 without further promotion as compared to their counterparts of CSS. The SO’s of CSS are being promoted to a senior group ‘A’ post (grade pay of Rs. 6600/-) while we are eligible to be promoted (if any) merely to a junior group ‘A’ post (grade pay of Rs. 5400/-). The Association was assured of taking of the necessary action during the meeting of 02.11.12 but the same is still awaited.

16. Implementation of para 7.15.24 of 6^th CPC report: It was decided during the meeting of 15.03.12 that the issue would be taken up with the Department of Expenditure. You were also pleased to assure the Association of doing the needful in the matter but nothing has been initiated till date. It is requested that the matter may kindly be recommended and taken up with the Expenditure immediately.

17. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale after joining as Inspector: It was decided during the meeting of 15.03.12 that the issue would be taken up with DOPT. You were also pleased to assure the Association of doing the needful in the matter but nothing has been initiated till date. The matter may kindly be recommended & taken up with DOPT immediately. It is worth to submit that the State Governments like Uttar Pradesh etc. have granted the grade pays of Rs. 6,600-/ & 7,600/- after 14 & 26 years (or even less by many other State Governments) of service on IInd & IIIrd MACP upgradation to their employees without offsetting with time scale on account of the originating source (i.e., 6^th CPC) being the same. It is also worth to mention in this regard that our officers are getting a grade pay of Rs. 5400/- after 30 years or more (?) service under MACPS which they were able to get after 24 years under ACPS and State governments are granting a grade pay of Rs. 7600/- to their officers after 26 years or less of service without offsetting any MACP upgradation with time scale. The IIIrd MACP benefit is not being granted to our officers after 30 years of service, if they have become AC. The pay of seniors is not being stepped up despite of the judgement of Supreme Court, if they are forced to get less salary than juniors under ACPS/MACPS. Even the ACP upgradation has been offset with time scale at the places like Shillong in addition to offsetting of MACP upgradation despite of the contrary clarification by Board.

18. Harassment to the staff: It was decided during the meeting of 15.03.12 that the Association would bring the specific instances to the notice of the Board. You were also pleased to assure the Association of doing the needful in the matter but nothing has been done despite of such cases being brought to the notice of the Board, particularly the case of the Association functionaries as well as other officers of Chandigarh Zone. It is requested that any type of harassment to staffside may kindly be stopped immediately.

19. Independent HRD: It was decided during the course of discussions of the meeting of 15.03.12 that the necessary action to make independent HRD like CBDT may be taken up stepwise. You were also pleased to assure the Association of doing the needful but nothing has been resulted till date. Necessary steps may, therefore, kindly be taken up accordingly as immediate measure.

20. Grant of reward on the lines of ant-evasion to the officers working in audit branches: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has been done till date. It is, therefore, requested that the necessary steps may kindly be taken immediately.

21. Role of Inspectors in ACES: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has been initiated till date. It is, therefore, requested that the necessary steps to define the role of Inspector in ACES and upgrade the software accordingly in this regard may kindly be taken on immediate basis.

22. Disparities in the pay structures of Superintendents and Inspectors in the Customs & Central Excise Settlement Commission on deputation basis: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has been happened till date. It is, therefore, requested that the necessary steps may kindly be taken in this regard on immediate basis to undo the said disparities.

23. Posting of Association functionaries: The main office bearers of the zonal units of the Association are being transferred to outstations at some places instead of placing them at administrative/Association headquarters. By it, the staff welfare activities of the Association as well as the employee grievances redressal mechanism are affected adversely due to the delinking of Association functionaries with the administration & staffside both. It is, therefore, requested that at least 3 office bearers (including Unit President and General Secretary) as per the request of the Association may kindly be retained at the headquarters office of the Association or administration in consonance of the letters No. 2/7/88-CS(IV) dt. 19.08.08 and No. 9/34/87-JCA dt. 08.03.88 both of DOPT. The Association was assured about the due action on the issue during the meeting of 02.11.12 but nothing has been done till date. Rather the Association functionaries as well as the officers associated with them are being harassed at the places like Chandigarh Zone.

24. Stepping up of pay of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s: It was decided during the meeting of 15.03.12 that the issue would again be taken up with the DOPT. However, the issue is noway required to be referred to the DOPT because of being settled by the Apex Court. You were also pleased to assure the Association of doing the needful in the matter but nothing has happened till date. The necessary steps may kindly be taken accordingly on immediate basis.

25. UDC/DOS MACP treatment: The promotion from the post of UDC to DOS is not considered actual promotion for the purpose of ACP/MACP upgradation. But the promotion from the post of UDC to Inspector is being considered actual promotion for this purpose. The promotion of UDC to Inspector may also kindly not be considered as actual promotion for the purpose of ACP/MACP upgradation. The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has happened till date. Necessary steps may kindly be taken in the matter on immediate basis.

26. Wearing of uniform: The staff is forced to wear the uniform without any purpose only for the pleasure of the authorities. It serves the only purpose to please such authorities in some official or the most of the time unofficial protocols. The due statutory provisions may kindly be formulated to wear the uniform from bottom to top level for the sake of its grace and respect. No officer may kindly be harassed in the name of wearing of the uniform. The wearing of the uniform may be undone at the seats where it is not required et al. The point regarding formulation of the norms for wearing or non-wearing of uniform was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has happened till date. Necessary steps may kindly be taken in the matter on immediate basis.

27. Option for purchase of weapon: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has happened till date. Necessary steps may kindly be taken in the matter on immediate basis.

28. Use of extended panel to grant promotions: No extended panel was utilised at the time of the regularisation of the promotions vide Notification No. 30/2000 of CBEC issued vide F. No. A. 32012/8/2000-Ad.II(Pt.) Dt. 21.11.2000 of CBEC. The clarificatory DOPT OM No. 22011/4/98-Estt.(D) dt. 12.10.98 to DOPT OM No.22011/5/86-Estt. (D) dt. 10.4.89 says about the procedure to be used for preparation of extended panel to benefit the in-service officers in lieu of the retired officers. The CBEC should have prepared the extended panel to give the benefit of the promotions to our in-service officers at the time of the regularisation of the post-1979 promotions to implement the judgement of the Hon’ble Supreme Court in its true spirit. Thus, the implementation of the judgement of the Hon’ble Supreme Court is incomplete for the want of the use of the extended panel. The earlier DPC’s, therefore, may kindly be reviewed since 1980/1979 to give the maximum benefit to our extraordinarily stagnated officers. The same provisions may also kindly be applied in r/o of the DPC conducted in the month of June, 12 and also future DPC’s for promotion to the post of Asstt. Commissioner. The Association was assured about conducting of the supplementary DPC in this regard during the meeting of 02.11.12 which is still awaited.

29. Renewal of the recognition: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but the renewal is still awaited despite of the submission of all of the required documents well in advance. The due renewal letter may kindly be issued on immediate basis.

30. Promotion of all Inspectors CE, PO’s & Examiners of one particular year to the same level: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. The necessary steps may kindly be taken as per the agreed decision on immediate basis. Such proposal was also mentioned as under examination during the cadre restructuring presentation on 18.01.11 by CBEC.

31. Promoting all the Superintendents who have completed 1.5 times of qualifying service on the lines of CSS: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. The necessary steps may kindly be taken as per the agreed decision on immediate basis. If they can’t be promoted functionally, they may kindly be promoted in-situ requiring no expenditure or creation of posts.

32. Upgradation: As also agreed during the meeting of 02.11.12, the upgradation of the Superintendents already drawing the grade pay of Rs. 5400/- to the post of Asstt. Commissioner would be expenditure neutral. All of such Superintendents may kindly be upgraded as Asstt. Commissioner independent of cadre restructuring. Further keeping in view that the promotion from Asstt. Commissioner to Deputy Commissioner is a time scale, it is also requested that all the Superintendents drawing a grade pay of Rs. 5400/- for more than 4 years may kindly be upgraded as Deputy Commissioner. It will also have a negligible expenditure as many of such officers are already drawing a grade pay of Rs. 6600/- on account of IIIrd MACP upgradation vs. their Inter-Commissionerate service.

33. Creation of separate service on the lines of CSS: The point was agreed during the course of discussions of the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. Necessary steps may kindly be taken accordingly on immediate basis. Such proposal was also mentioned as under consideration during the cadre restructuring presentation on 18.01.11. The creation of the separate service on the lines of CSS etc. was also recommended by DOPM in its file F. No. 8/B/4/O&PM/2008 submitted to the Member (P&A) on 17.01.08 (vide letter F. No. 8/B/33/O&PM/2008 Dt. 06.05.08 of the Commissioner of DOPM). Further, the creation of the separate service on the lines of CSS etc. was also recommended by the Member (P&A) in F. No. 11013/67/2007-Ad IV of CBEC on 24.01.08. The direct IRS officers Association also recommended for the same.

34. Transfer & posting: The point was agreed during course of discussions of the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. Necessary instructions may kindly be issued to the zonal authorities accordingly on immediate basis. There should be a transparent transfer/posting policy for the transfer & postings of the staff. This policy may kindly be framed under consultation with the staff Associations in the field formations keeping in view the geographical, climatic and other relevant factors as per the circumstances and requirement based on the principle of minimum inconvenience to the staff. The transfer & posting orders may kindly be issued without the use of any influence or high-handedness and no officer should be harassed in this matter.

35. Powers of adjudication, refund etc. to Superintendents. The point was agreed during the course of discussions of the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. Immediate steps may kindly be taken in the matter.

36. Free annual medical health check-ups: The point was agreed during the course of discussions of the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. The immediate steps may kindly be taken accordingly.

37. Authorisation of premier private hospitals for medical care and treatment: The point was agreed during the course of discussions of the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but the orders in the matter are still awaited. The due orders may kindly be issued on immediate basis.

38. Centralised GPF account: The point was agreed during the course of discussions of the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful. The matter may kindly be expedited.

39. Arrears of pay since 1986: It was decided during course of discussions of the meeting of 15.03.12 that the issue would again be taken up with the Expenditure. You were also pleased to assure the Association of doing the needful. The necessary steps may kindly be taken on immediate basis in an effective manner. The Board also issued the orders for the same under the signature of then DS, Sh. Dharmveer Gupta, but the implementation of the same is still awaited. It is also worth to mention that the most of the then Inspectors have become Superintendents today.

40. Seniority benefit on promotion to group ‘A’ in lieu of service rendered in group ‘B’: The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful. Necessary steps may kindly be taken on immediate basis. It is worth to mention that group ‘B’ gazetted officers belonging to the Provincial Civil Services enter into IAS within 8 years with the 4 years seniority benefit in group ‘A’ in many of the Southern States. This benefit of seniority is also being given to the officers in many of the Central Govt. departments.

41. Minimisation of litigations with staff: There is no change in the scenario and the staffside is forced to avail legal remedy on each and every issue due to the apathetic & non-serious attitude of the concerned authorities. You were also pleased to appeal the Association not to go for litigations with the promise to redress the grievances by taking administrative measures but, unfortunately, none of the grievances has been redresses even after the directions of the legal courts on many of the issues. Counters are being filed by the administration instead of redressing the issues administratively. It is requested to redress such issues administratively to minimise/end the litigations.

42. Delay in vigilance/disciplinary cases: The prescribed time-frame in vigilance/disciplinary matters is not actually being followed in the Board and its offices. The delay in such matters is posing great hardships before the concerned officers whether relating to conducting of inquiry or taking decision on inquiry report or disposal of appeal or any other vigilance/disciplinary matter. It is requested that all of such cases may kindly be disposed of within the prescribed time-limit. The Association was assured about the necessary action during the meeting of 02.11.12 but there is no change in the scenario till date.

43. Delegation of powers to SSB officials: W.r.t. letter F.No. 394/52/2009-Cus(AS) Dt. 11.09.12 the Board is willing to impart training to the SSB officials under Customs Act, 1962 specially under Sec-100 to Sec-110. On one hand, our Board is not enhancing staff strength as per need while on the other hand, Ministry of Home Affairs is very much keen to enhance their workforce on the border. They are only interfering & harming the Customs work. This has become the practice by the security agencies at every Customs area to interfere with the Customs work & Customs personnel. The scuffle at the C. S. I. Airport, Sahar, Mumbai (published in BITS column of the E.L.T Vol. 284:Part 3 dt. 15.10.12) is the glaring example of unwarranted interference by the security agency in the statutory duties of the Customs officers. It is, therefore, requested to intact the statutory objective of the Customs Act and to withdraw any move to dilute the powers of Customs officers in Customs bonded area by imparting the training to other agency without any statutory provision. The statutory provisions of Customs Act can never be over ruled by any agency. The necessary steps may kindly be taken in the matter to intact the prestige & pride of the organisation in general and Superintendent cadre in particular by stopping the unwarranted interference of the foreign agencies in Customs work. The work of the other agencies (including security agencies) should be limited to their function only without trespassing the powers of Customs officers. Otherwise, our Customs officials should also be granted the powers of the other agencies.

44. Special pay of Audi: The special pay of audit was being given to the officers posted in audit branches which was stopped all of a sudden at many places without any reason. The special pay of audit may, therefore, kindly be paid to all the officers being posted in audit braches (whether Central Excise or Service Tax or Customs) since the date of its discontinuance.

45. Reports by Range offices: Now-a-days, almost 84 types of reports are being processed & complied at the Range level requiring verifications, investigations, compilation of information etc. including various types of miscellaneous works/reports sought by the higher formations over-burdening the Range office. The Range Officers are not having time to discharging statutory duties like scrutiny of returns, drafting of SCN/adjudication orders etc. on account of such reports/works. Earlier to 2008, many such works/investigations were being carried out by the Preventive wing of the Division offices. Due to the removal of Preventive units from the Division offices, un-bearable loads have been given to the Range Officers causing enormous problems as well as mental agony vis-a-vis also harming the official work. It is, therefore, requested that the Preventive wings may kindly be re-instated at all the Division offices throughout the country to streamline the official work or some alternative measures may kindly be taken accordingly not to make the Range offices overburdened.

In view of the above, it is requested that a full fledged meeting may kindly be held under employee grievance redressal mechanism to redress the above issues and the purposeful & correct minutes may also kindly be issued for the meeting.

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

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. 15/ST/13 Dt. 13.02.13

To,

The Member (Service Tax),

CBEC, North Block,

New Delhi.

Sub: Working on holidays.

Madam,

Your kind attention is invited to the orders in Service Tax Commissionerates directing the staffside to work in the office on holidays (Saturday) with the warning of serious action in case of any lapse.

2. It is submitted with due regards that the gross injustice is being done to the officers in the Service Tax Commissionerates under your kind control by forcing them to work in the offices on holidays (Saturday) without any statutory provisions.

3. Your kind attention is also invited to the fact that the five days working in the Central Govt. offices replacing six days was started by a Cabinet decision enabling the officers to get proper rest and start the work with fresh energy & zeal after 2 days relaxation to increase the efficiency. This also enabled them to give sufficient time to their families and dispose of their personal/family related obligations in more efficient and relaxed manner. These officers are already totally demoralized due to the lack of promotional avenues, working conditions, basic amenities, required facilities etc. and also non-grant of requisite pay deals. such orders will further demoralize them without having any positive impact on the revenue collection making them more job-dissatisfied, demoralised and demotivated.

4. Moreover, one day extra official working in the week will never increase the Service Tax revenue. It is also worth to mention that the officers are being paid for the fixed hours/days per month. Forcing them to work at least for 4 days extra in the month without paying extra wages is no-way justified or lawful. Any Cabinet decision can never be changed merely by an administrative order/direction. Such orders give the only message as we are living in an undemocratic system instead of the greatest democracy of the world meant for the people, by the people and of the people where nobody can be forced to obey any undemocratic order/direction/instruction/act. Any emergency situation in the rare circumstances for a day in the year can be understood in the public interest but such type of orders can never be made for routine work disobeying the Cabinet decision.

5. In view of the above, it is requested that the said orders may kindly be withdrawn honouring the Cabinet decision to start five days week in the Govt. working and also giving justice to the officers.

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

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. 16/A/13 Dt. 14.02.13

To,

The Chief Commissioner (Hyderabad Zone),

Central Excise, Hyderabad.

Sub: Meeting with staffside Associations to review/re-frame transfer/posting policy in r/o Superintendents-request for postponement.

Sir,

Kindly refer to the Ref. No. 83/A/12 Dt. 05.12.12 of the Association.

2. It is submitted with due regards that Association came to know about the meeting with staffside Associations to review/re-frame transfer/posting policy in r/o Superintendents under your kind Chair to be held tomorrow on 15.02.13. It is further submitted that the elections to the Vizag Units of the Association are to be conducted very soon within a week or two. It is, therefore, requested with due respect that the said meeting may kindly be postponed for next two more weeks enabling the new office bearers of the Vizag Units to attend the meeting and make due submissions before your goodself.

3. The inconvenience is highly regretted.

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

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. 16/ST/13 Dt. 18.02.13

REMINDER

To,

The Member (Service Tax),

CBEC, North Block, New Delhi.

Sub: Working on holidays.

Madam,

Kindly refer to the Ref. No. 06/ST/13 Dt. 21.01.13 of Delhi Unit and Ref. No. 15/ST/13 Dt. 13.02.13 of the Association.

2. As already submitted, the staffside is being forced to work in the office on holidays (Saturday) in Service Tax Commissionerates. Not only it but they are also being issued Memoranda in case of not being able to attend the office on holidays due to their compelling circumstances. Recently, the Memoranda have been issued to two Superintendents and two Inspectors in Mumbai Service Tax Commissionerate.

3. It is further submitted with due regards that there exist no statutory provisions to force officers to work on holidays. More surprisingly & very disappointingly; they are also being warned of ill consequences and being issued Memoranda threatening them of disciplinary proceedings, if non-statutory orders are not followed. It is really disappointing that the authorities are issuing the orders without any statutory powers being vested in their post to force the officers to work on holidays. Our authorities have forgotten that we are living in the greatest democracy of the world. They are issuing undemocratic orders to suppress the staffside. Moreover, they are threatening the officers of ill consequences, if their undemocratic orders issued without any statutory powers are not followed by the officers. This reminds only of the English time.

4. As your goodself knows that the five days week in the Central Govt. was started by a Cabinet decision which can never be overruled by any administrative instruction. The officers are already demoralized, job-dissatisfied & de-motivated due to the lack of promotional avenues, working conditions, basic amenities, required facilities etc. and also non-grant of requisite pay deals. They are further humiliated by forcing them to work on holidays. Further crushing them will serve no purpose but collapse the system.

5. It is also worth to mention that the officers are being paid for the fixed hours/days per month. Forcing them to work at least for 4 days extra in the month without paying extra wages/incentive/compensation is no-way justified and is totally unlawful causing unnecessary litigations. Such unlawful orders give the only message that we are living in an undemocratic system. Any emergency situation in the rare circumstances for a day in the year can be understood in the public interest but such type of orders can never be issued for routine work in undemocratic manner to suppress the staffside. The staffside have always been cooperating the administration willingly like the most obedient officers but to force something on them in illegal manner and further threaten them of ill consequences is never justified.

6. In view of the above, it is requested that the said orders as well as the warning letters and Memoranda issued to the officers may kindly be withdrawn on immediate basis giving justice to the officers and saving them from further humiliation.

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

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. 17/OS/13 Dt. 18.02.13

To,

The Chief Commissioner (Shillong Zone),

Central Excise, Customs & Service Tax,

North Eastern Region, 3^rd Floor, Crescens Building,

M. G. Road, Shillong-793001 (Meghalaya).

Sub: Offsetting of ACP upgradation with time scale.

Madam,

Kindly refer to the letter C. No. II (24) /4/ET/CCO/SH/2011/47-56 Dt. 04.01.13 of your office. Your kind attention is also invited to the letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11 of CBEC.

2. With due regards, it has very categorically clarified under para 4 & 5 of the above said letter of CBEC that ACP upgradation would not be offset with time scale. Accordingly, the officers getting the benefit of time scale and IInd ACP upgradation both will get a grade pay of Rs. 6600/- on IIIrd MACP upgradation.

3. It is further submitted that neither any clarification on the issue is required from Expenditure or any other department nor one time or any specific relaxation is required. The issue had already been clarified & settled very specifically by CBEC vide the above referred letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11.

4. In view of the above, it is requested that the ACP upgradation may kindly not be offset with time scale. Accordingly, all of officers already getting the benefit of time scale as well as IInd ACP upgradation may kindly be granted a grade pay of Rs. 6600/- on IIIrd MACP upgradation.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

The Chief Commissioner of Central Excise (Chennai Zone),

26/1, Mahatma Gandhi Road, Nungambakkam,

Chennai-600034 (Tamilnadu).

(RAVI MALIK)

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

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. 18/OS/13 Dt. 18.02.13

To,

The Member (P&V),

CBEC, North Block,

New Delhi.

Sub: Offsetting of ACP upgradation with time scale.

Madam,

Kindly refer to the letter C. No. II (24) /4/ET/CCO/SH/2011/47-56 Dt. 04.01.13 o/o the Chief Commissioner (Shillong Zone). Your kind attention is also invited to the letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11 of CBEC.

2. It is submitted with due regards that the officers are not being granted the due benefit under ACP/MACP scheme at the places like Shillong, Chennai etc. The IInd ACP benefit is being offset with time scale and recovery is being made from the officers by placing them under lower grade pays despite of the clarification issued by CBEC vide its above referred letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11. The issue was also raised before your goodself during the meeting of 31.01.13 held with the Association under your Chairpersonship. It has very categorically been clarified under para 4 & 5 of the above said letter of CBEC that ACP upgradation would not be offset with time scale. Accordingly, the officers getting the benefit of time scale and IInd ACP upgradation both will get a grade pay of Rs. 6600/- on IIIrd MACP upgradation.

3. It is further submitted that neither any clarification on the issue is required from Expenditure or any other department nor one time or any specific relaxation is required as asked by the Chief Commissioner (Shillong Zone). The issue had already been clarified & settled in very specifically by CBEC vide the above referred letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11. It is very unfortunate that the staffside is forced every time to go for unwarranted litigation against the denial of due benefits.

4. In view of the above, it is requested that a fresh letter may kindly be issued to the field formations directing them to grant the due benefit to the officers as per the letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11 of CBEC. The ACP upgradation may kindly not be offset with time scale and the officers may kindly be granted a grade pay of Rs. 6600/- on IIIrd MACP upgradation in case of already getting the benefit of time scale as well as IInd ACP upgradation as already clarified by CBEC.

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

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. 19/A/13 Dt. 19.02.13

To,

The Chief Commissioner (Hyderabad/Visakahapatnam Zone),

Central Excise, Hyderabad/ Visakahapatnam.

Sub: Office bearers of Visakahapatnam-II Commissionerate.

Sir,

Kindly refer to the Ref. No. 83/A/12 Dt. 05.12.12 and Ref. No. 16/A/13 Dt. 14.02.13 of the Association.

2. It is submitted with due regards that the election process to elect the office bearers for the Visakahapatnam-II Commissionerate Unit has been completed. Accordingly, the following office bearers have been elected to the new body of the said Unit of the Association to represent the Superintendent cadre-

1) President GNA Srinivasa Rao

2) Vice-President T Amrutha Rao

3) General Secretary N Raja Rao

4) Joint Secretary (HQ) SSCh Bhanu Sharma

5) Joint Secretary (Division - V) PVV Prasad Rao

6) Joint Secretary (Division - Kakinada - I) P Dinesh Kumar

7) Joint Secretary (Division - Kakinada - II) S Giridhar

8) Joint Secretary (Division - Rajahmundry) RSV Prasad

9) Treasurer P Panduranga Rao

3. The election for the Visakahapatnam-I Commissionerate Unit of the Association will also be conducted very soon and the names of the elected office bearers be communicated to your goodself accordingly. The Association is very much thankful for your kind cooperation as per the request made by it vide its above referred communications.

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

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. 20/ST/13 Dt. 19.02.13

To,

The Member (P&V),

CBEC, North Block, New Delhi.

Sub: Working on holidays.

Madam,

Kindly refer to the Ref. No. 06/ST/13 Dt. 21.01.13 of Delhi Unit, Ref. No. 15/ST/13 Dt. 13.02.13 and Ref. No. 17/OS/13 Dt. 18.02.13 of the Association addressed to the Member (Service Tax).

2. It is submitted with due regards that the staffside is being forced to work in the offices on holidays (Saturday) in Service Tax Commissionerates. Not only it but they are also being issued Memoranda in case of not being able to attend the office on holidays due to their compelling circumstances. Recently, the Memoranda have been issued to two Superintendents and two Inspectors in Mumbai Service Tax Commissionerate. This is the clear example of mass harassment to the staff.

3. There exist no statutory provisions to force officers to work on holidays. More surprisingly & very disappointingly; they are also being warned of ill consequences and being issued Memoranda threatening them of disciplinary proceedings, if they don’t attend the office on holidays. Our authorities have forgotten that we are living in the greatest democracy of the world. They are issuing undemocratic orders to suppress the staffside. Moreover, they are threatening the officers of ill consequences. This reminds only of the English time.

4. As your goodself knows that the five days week in the Central Govt. was started by a Cabinet decision which can never be overruled by any administrative instruction. The officers are already demoralized, job-dissatisfied & de-motivated due to the lack of promotional avenues, working conditions, basic amenities, required facilities etc. and also non-grant of requisite pay deals. They are further humiliated by forcing to work on holidays. Further crushing them will serve no purpose but collapse the system.

5. It is also worth to mention that the officers are being paid for the fixed hours/days per month. Forcing them to work at least for 4 days extra in the month without paying extra wages/incentive/compensation is no-way justified and is totally unlawful causing unwarranted litigations. Any emergent situation in the rare circumstances for a day in the year can be understood in the public interest but such type of orders can never be issued for routine work in undemocratic manner to suppress the staffside. The staffside have always been cooperating the administration willingly like the most obedient officers but to force something on them in illegal manner and further threaten them of ill consequences is never justified.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to protect the staffside to:

1) The Chairperson, CBEC, North Block, New Delhi.

2) The Secretary, Department of Revenue, North Block, New Delhi.

(RAVI MALIK)

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

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. 22/M/13 Dt. 19.02.13

REMINDER

The Member (P&V),

CBEC, North Block,

New Delhi.

Sub: Minutes of the meeting held on 31.01.13.

Madam,

Kindly refer to the subject mentioned meeting held under your Chairpersonship with the Association.

2. It is submitted with due regards that the minutes of the said meeting are still awaited even after expiry of around 3 weeks while the same were expected to be issued within a week. It is only like the “justice delayed, justice denied”.

3. It was also decided on the issues like offsetting of ACP upgradation with time scale in Shillong, Chennai etc. that the immediate orders would be issued by the CBEC but the same are also still awaited. The letter of the Chief Commissioner of Shillong Zone on the issue was also handed over to your goodself during the course of meeting.

4. Your goodself was also pleased to disclose that the directions on the issues like meetings under employee grievances redressal mechanism have again been issued to the field formations. Accordingly, you directed the concerned section to make available the copies of the same to the Association but the same is also still awaited.

5. In view of the above, it is very much requested that the minutes of the meeting may kindly be issued at an early date and the decisions taken may be implemented accordingly.

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

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. 23/P/13 Dt. 19.02.13

To,

The Chairman,

Union Public Service Commission,

Shahjahan Road, Dholpur House,

New Delhi-110011.

Sub: DPC against the vacancies of Asstt. Commissioner instead of Commissioner-request reg.

Sir,

With due regards, the Association came to know that the Central Board of Excise & Customs has got clearance from your goodself to conduct the DPC for ad hoc promotions from the Addl. Commissioner to Commissioner level on the ground of revenue drive. As per the information gathered, the DPC for the said promotions is to be conducted very soon.

2. It is submitted that the actually instrumental officers for revenue drive at group ‘A’ level in CBEC are the Asstt. Commissioners instead of Commissioners. The Commissioners work only at administrative seats and also do other jobs like appeal, adjudication etc. without being posted at divisional levels in the field formations. On the other hand, the Asstt. Commissioners actually work at divisional levels responsible for revenue collection at group ‘A’ level at field formations in each Commissionerate. Hundreds of vacancies are already vacant at Asstt. Commissioner level but no such situation seems to be at the level of executive Commissioner who has the administrative control on the divisions in the field formations. Actually, the vacancies of Asstt. Commissioner instead of Commissioners are required to be filled up from the angle of revenue drive on the sole ground that the Asstt. Commissioners are posted at divisional level responsible for revenue collection at group ‘A’ level.

3. In view of the above, it is requested that the DPC for promotion from Superintendent to Asstt. Commissioner may kindly be conducted prior to the DPC for promotion to the post of Commissioner. It is not only required from the angle of revenue drive but also from the angle of acute stagnation of the Superintendents. Revenue collection has already been affected adversely due to the posts of Asstt. Commissioner being vacant at divisional level.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request to fill up the vacant posts of Asstt. Commissioner to:

1) The Secretary, Department of Revenue, North Block, New Delhi.

2) The Chairperson, CBEC, North Block, New Delhi.

(RAVI MALIK)

CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS)

Thursday 21 February 2013

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