" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Sunday 9 June 2013

From: Ravi Malik <ravimalik_sweet@yahoo.com>

Subject: disparities in promotions

Dear friends,
Good morning.
All of us should have gone till now through the cadre restructuring approved & notified for CBDT. If the cadre restructuring is notified in the same manner for us too, it will be harmful for us keeping in view the extraordinarily acute stagnation of our officers. Our senior brothers, Superintendents with even more than 20 years of service, are waiting for this cadre restructuring to be happened and to have a bit solace by getting promotion at least at the fag end of the career. Nobody knows what is finally going to be happened & approved in our cadre restructuring but the possibility of being it approved on the lines of Income Tax can’t be ruled out because the precedent of CBDT is always followed in the case of CBEC and there is nobody in the administration to watch our interest. They are interested only to give the benefit to the direct IRS or Customs always sacrificing us. Moreover, our infighting may further increase our problems and even stall the cadre restructuring. As a result, our senior colleagues will be forced to retire without any promotion and nobody of us will be able to get any benefit from cadre restructuring for which our Association has been toiling very hard for last 5 years being able to get historic number of posts at group ‘A’ entry level for our officers.
Above it, a few of our officers/units are trying that the promotions in r/o the cadre restructuring should be held on the basis of base cadre seniority to undo the intra-Central Excise regional disparities. This move may certainly stall the implementation of cadre restructuring. No doubt that the regional disparities are needed to be removed but this is neither way nor proper time to ask for it by us. Inspectors Association may certainly ask for the distribution of the posts of the Superintendents in the manner of removing the regional disparities but this issue never pertains to Superintendents Association. We have to concentrate only on the parity with common entry counterparts instead of base cadre seniority. Our Association has already filed a case in the Principal Bench of CAT asking parity with the Examiners which has also been admitted. We all should concentrate on this case in "all united manner" instead of creating “intra-Central Excise fightings”. If we win this case, INTRA-CENTRAL EXCISE DISPARITIES WILL AUTOMATICALLY BE REMOVED. It is very disappointing & surprising that a few of our units, which were once overwhelmingly interested in parity with Examiners/CBDT/CSS, are now deviating the issue to intra-Central Excise disparities certainly defeating our cause due to the interests well known to them only. This matter should have been taken up at the time of occurrence of these intra-Central Excise disparities in the promotions of Inspectors to Superintendents on the occasion of upgradation and last cadre restructuring but nobody raised the issue at that time due to the reasons well known to them only. As far as raising of the same at this juncture particularly in r/o promotions of Superintendents to AC is concerned, it will only be suicidal for our career prospects by stalling the cadre restructuring and I hope that nobody would like to take any fatal step at this stage. This may give rise to numerous unwarranted litigations and, as a result, the cadre restructuring will be killed particularly for us.
A few units are trying to act parallel to the All India Body which may not be good for the health of our Association. I hope that nobody would like to repeat the history of Inspectors Association by dividing our Association because one of the learned General Secretaries of one of our esteemed units has already mis-argued the issue with me saying that they may make another Association with 15% of the members. Friends, we all know that our authorities also want to divide us under the policy of “divide & rule” as also evident from their reply to CAT in the case of parity with Examiners. They have raised the issue of intra-Central Excise disparities in their reply instead of taking steps to grant us parity with Examiners. Even more interesting is that they were never worried for/tried to remove our intra-Central Excise disparities which are occurring due to them only and now they are talking about these like a few of our units. They have perhaps become successful to divide us as is evident from the demand of a few of our units.
So, my friends, we have not to indulge ourselves in infightings but be stood unitedly to fight against our actual opponents. Even a little mistake may be fatal for us. WE HAVE NOT TO FORGET THAT THOUSANDS OF OUR SENIOR COLLEAGUES ARE LOOKING TOWARDS US TO GET IInd PROMOTION AT THE FAG END OF THEIR CAREER AS A RESULT OF THIS CADRE RESTRUCTURING. Don’t forget, “UNITED, WE STAND; DIVIDED, WE FALL”.
The latest correspondence made on the issue of parity is also attached herewith.
Love,
    Ravi.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                      Address for communication:                               Secretary General:
Sushil Kumar Pareek                240, Razapur, Ghaziabad-201001 (U.P.)                                  Ravi Malik
Mob. 09414203722                    mail Id: ravimalik_sweet@yahoo.com                      Mob. 09868816290
Vice Presidents: R.Pratap, Ravi Joshi, K.P.S.Rai, Anil D.Bhavisskar, V.Suresh Kumar, R.L. Sampath Kumar, Lok Nath Mishra, V.N.Jha, K.A.Sayyed, Surendra Singh
Joint Secretaries: R.K.Solanki, N.C.Pandey, Anand Kishore,  V.S.Kamble, P.C.Ajith Kumar, M.Nagaraju, R.K.Sarkar,  Anindya Sundar Roy,  Jitendra Singh, M.K.Mishra
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. 145/M/13                                                                                       Dt. 05.06.13
                                                                                                     IMMEDIATE
To,
Ms. Shobha L. Chary,
Member (P&V), CBEC,
North Block, New Delhi.

Sub: Promotion of all Inspectors CE, PO’s & Examiners of one particular year to the same level.

 Madam,
Kindly refer to the minutes drawn against point No. 30 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.
2. It is submitted with due regards that the decision on this point has also unfortunately been deviated as usual merely to divert & dilute the issue saying to require further examination. No action has been taken on the issue till date despite of being agreed in the meeting of 15.03.12. The Association was also assured by your goodself of the necessary action during the meeting of 02.11.12 but the same is still awaited. Such proposal was also mentioned as “under examination” during the cadre restructuring presentation on 18.01.11 by CBEC but the same is still pending even after the expiry of more than 28 months. The disparity was also duly recognised by the CBEC in its Board meetings of 12.01.11 & 18.02.11 and HRD wing was directed to formulate the scheme to undo the disparities in promotions of all of three categories but nothing has happened till date giving the only impression that the authorities are not et al serious to undo the injustice made to the officers belonging to the Central Excise stream. Very unfortunately, the authorities have continuously been adopting only casual approach on the issue. As an outcome, the senior officers of Central Excise stream are forced to work under extremely junior officers of Customs stream belonging to one & the same cadre but artificially trifurcated by the CBEC into three categories resulting into high benefits the Customs officers particularly Examiners & Appraisers due to the reasons well known only to the concerned authorities. Perhaps the pain of working under a junior is felt only when experienced in person.
3. It is also well pertinent to submit that the Central Excise Inspectors, Customs Preventive Officers and Customs Examiners, all of three, belong to single cadre of Inspector as also mentioned in the recruitment rues. The Central Excise Inspectors are mentioned not only as Inspector of Central Excise but also the Inspector of Land Customs in these rules. As a result, the Central Excise Inspectors & Superintendents are not only looking after the work of Central Excise & Service Tax but also the work of Customs. As a fact, they are looking after more than 90% work of Customs also alongwith 100% work of Central Excise & Service Tax. On the contrary, the Examiners & Appraisers are looking after only less than 3% work of Customs. Rest of the Customs work is being looked by the Customs Preventive Officers & Customs Superintendents. Thus, the Central Excise Inspectors & Superintendents are having multi-expertise & multidirectional capabilities on account of being worked in all of three streams under CBEC, i.e., Central Excise, Customs & Service Tax. These all of three categories are again merged at group ‘A’ entry level re-substantiating that they belong to one & the same cadre. Despite of this all, gross injustice is meted out to the officers of Central Excise stream.
4. Very unfortunately, the officers joining the job as Central Excise Inspector are being headed by their juniors (even by 20 years) of Customs belonging to Examiner category after the merger at group ‘A’ entry level due to the faulty promotion policy & recruitment rules. As far as the numerical strength is also concerned, the Central Excise Inspectors & Superintendents constitute 88% of workforce whereas the Examiners & Appraisers are only less than 3% and Customs Preventive Officers & Customs Superintendents are 9%. Thus, 97% officers are being reigned by a fistful (less than 3%) category and the career of 97% workforce is being ruined.
5. It is also very unfortunate that the ‘parity in promotions’ case filed by the Association in the Principal Bench of the Hon’ble Central Administrative Tribunal is being opposed with “full force” by the CBEC despite of the admittance of the injustice to the officers of Central Excise stream by the authorities on various occasions including Board meetings of 12.01.11 & 18.02.11 as well as the cadre restructuring presentation made on 18.01.11 and various meetings with the Associations. The Association was every time assured of necessary action to undo the disparities but the CBEC is not ready to do anything in the matter even after having the golden opportunity of doing it in this court matter. If the authorities really have honest intention, they may file the affidavit in the CAT on the lines of the suggestions made by the Association on various occasions through various representations instead of opposing the issue in the CAT. If the due affidavit is filed, there will be no need to get approval of any of the nodal departments including DOPT and Expenditure on account of the matter being stamped by the Hon’ble CAT. Inaction/negative action on the part of the CBEC gives the only impression that the authorities say something and do something else to defeat the matter instead of supporting it.   
6. In view of the above, it is requested that the serious steps may kindly be taken on the immediate basis to bring all the officers of one particular year to the same level of promotion after joining as Central Excise Inspectors, Customs Preventive Officers & Customs Examiners and due affidavit may be filed in the Hon’ble CAT on the lines of the suggestions already made by the Association on various occasions through various representations instead of opposing the issue. This will also automatically remove the intra-Central Excise as well as intra-Customs disparities being happened due to the zonal distribution of the officers.  
Thanking you,
Yours faithfully,
  

(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The DG, HRD, CBEC, New Delhi.
2) The ADG (HRM), HRD, CBEC, New Delhi.

(RAVI MALIK)