From: Ravi Malik <ravimalik_sweet@yahoo.com>
Subject: disparities in promotions
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
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)