" 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.

Thursday 31 October 2013

THE MONTH OF NOVEMBER


The month of November marks the dawn of winter season with celebration of festival of lights - Diwali. Festivals like Bhai Duj, Chhat Puja and Guru Nanak Jayanti that are celebrated all over the country also fall in this month.
On 14th November also known as Children's Day, we pay tribute to Pandit Jawaharlal Nehru, the first Prime Minister of independent India, on his birth anniversary.
We, at the Cengo India, are dedicated to keep you informed with all the latest developments pertaining to All India Association of Central Excise Gazetted Executive Officers and its diverse facets by providing a unique gateway to access important information. Our constant endeavor is to make your visit to the Cengo India a more satisfying experience. We wish to get your kind support as we have been receiving so far. Do write to us, through aiacegeo2013@gmail.com if you have any suggestions or feedback.
During the month of November it is expected that the CR of CBEC is likely to be approved by Union Cabinet,  UPSC may likely allot a date for DPC for promotion to the post of AC against existing vacancies,  Union Govt may  likely  declare the name of  Chairman and other  members  for  proposed VII CPC and the terms of references for VII CPC.

HAPPY DIWALI.


  SHRI LOKANATH MISHRA PRESIDENT AIACEGEO WISHES ALL THE MEMBERS OF AIACEGEO A HAPPY AND PROSPEROUS DIWALI.



----- Public servants are not private servants---
The Supreme Court on Thursday asked the Central and state governments to usher in bureaucratic reforms, lamenting that political interference was affecting the functioning of bureaucracy.

Passing the directives on a public interest litigation filed by former cabinet secretary TSR Subramanian and 82 retired bureaucrats, the apex court directed the Centre and state governments to pass order within three months on giving fixed tenure to civil servants.

It also directed the governments to set up civil services board within three months.

“Parliament should enact a law to regulate transfer, posting and disciplinary action of IAS officers and to immunise them from political interference,” a bench headed by Justice K S Radhakrishnan said.

“Much of the deterioration in the functioning of bureaucracy is due to political interference,” it added.

The SC said frequent transfers of bureaucrats should be avoided , while noting fixed tenure will promote professionalism, efficiency and good governance.

The court also stated that IAS officers will no more take oral instructions from their political bosses. Civil servants should act only on the basis of written communication, the bench also comprising Justice PC Ghose added.

The judgement comes close on the heels of controversies surrounding Ashok Khemka, IAS officer of Haryana cadre over DLF-Robert Vadra land deal, and Durga Sakhti Nagpal, UP cadre IAS officer, who was targeted by the state government for alleged misconduct.

The petitioners also include former Indian Ambassador to the US Abid Hussain, former Chief Election Commissioner N Gopalaswami, former Election Commissioner T S Krishna Murthy, former IPS officer Ved Prakash Marwah, and former CBI directors Joginder Singh and D R Kaarthikeyan.

"This is a landmark judgement. Public servants are not private servants," said Subramanian.

"Today faith in our Constitution has been reaffirmed...Our faith in the strength of democracy has been reaffirmed because the highest court of the land has recognised the problems," he said, adding "malgovernance affected people and quality of administration".

Therefore  Cengo India  is requested to our members that they  should not attend any work on the basis of any verbal direction without obtaining a written order from the superior officer.

Wednesday 30 October 2013

SENIORITY LIST- VRS. – ELIGIBILITY LIST.



As per DOPT guidelines it is required to prepare a seniority list in each and every cadre. Seniority list has to be prepared by appointing authority considering the DOPT guidelines only.  Main guidelines for preparation of seniority list at present  is date of DPC for promotees and date of advertisement by selecting authority for direct recruitees  , the seniority for both direct and promotee  has to be fixed as per  quota fixed for each category and the rotation method prescribed by DOPT subject to fulfillment of conditions prescribed by DOPT on its circular dated 07.02.86.  Further considering the above situation the relative seniority of all direct recruit shall be determined by the order of merit in which they are selected and for promotees as per DPC panel. The persons appointed as a result of an earlier selection being senior to those, appointed as a result of a subsequent selection: Here  the word “appointment” is very crucial as appointment is being made by the appointing authority only.  The selecting authority (either UPSC or SSC) does not issue any appointment letter. Therefore the appointing authority is responsible for preparation of seniority list.
The 'Seniority list is not a substitute for eligibility list. -"The eligibility list for promotion shall be prepared with reference to the date of completion by the officers of the prescribed qualifying service in the respective grade as prescribed in Recruitment Rules for promotion to next higher grade .The eligibility list for promotion shall be prepared with reference to the date of completion of qualifying service with inter-se-seniority within the cadre remaining the same. Which stipulates that the eligibility list of a particular grade has to be prepared in conformity with the seniority list of that particular grade only (  In other words for promotion to the post of AC, the eligibility list has to be prepared on the basis of the seniority list of Superintendents only. No provision has been prescribed for preparation of eligibility list in accordance with   the seniority list of Inspectors for promotion to the post of AC.  Such procedure has not been prescribed either by DOPT or by any Court of Laws. Moreover this is not possible as there is also a provision of direct recruitment in the Superintendent of Central Excise Recruitment Rules 1986).
Since the qualifying years of service in the grade of Superintendent for promotion is two years only, all the Superintendents as figured in the seniority lists (up to 2010) have completed the qualifying years of service, hence no further eligibility list is required to be prepared in conformity with the decision of Honourable High Court of Delhi in the case of ITGOA. The Superintendent of Central Excise Recruitment Rules 1986 provides that DPC shall be held on the basis of Zonal cadres. As per the honourable Supreme Court decision in WP(C ) No. 306/88, a seniority list is to be prepared in the cadre of Superintendent on all India basis for promotion to the grade of AC. 

The term disciplinary authorities  is applied  to such authorities who have been entrusted with powers to impose any penalty on the employees. The term disciplinary authority is defined in rule 2(g) of CCA Rules as the authority competent to impose on a govt. servant any of the penalties specified in rule 11. Appointing authorities are empowered to impose major penalties. It may be recalled that article 311 clause (1) provides that no one can be dismissed or removed from service by an authority sub-ordinate to the authority which appointed him. Appointing authorities happen to be disciplinary authorities. CCA Rules 2(a) lays down the procedures for determining the appointing authority.    The appointing authority or disciplinary authorities can not be changed retrospectively.    
As per the Inspectors of Central Excise recruitment rules    ”the appointing authority" in relation to Inspector grade   means the authority empowered under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, to make appointments to that grade.  Similarly as per the Superintendents of Central Excise Recruitment Rules “the appointing authority" in relation to Superintendent grade means the authority empowered under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, to make appointments to that grade.   As per these rules , Commissioner of Central Excise  (CCA) is the proper  authority which is  empowered under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, to make appointments to both  the  grades of Inspector & Superintendent . There is no provisions under such rule for delegation of powers to subordinate or exercise  of power  by higher officials.  Hence Commissioner (CCA) is the only competent person to appoint both Inspector and Superintendent . Neither Board nor DG/HRD are empowered under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 to make appointments to the Grades of Inspector & Superintendent . Since Commissioner (CCA) is the competent authority  for appointment of Superintendents, he is also competent to prepare seniority list of Inspectors working under his jurisdiction to grant promotions to the grade of Superintendent on zonal basis as per the provisions of RR as he is the appointing authority for the post of Superintendent.    Board is  not authorised to prepare a unified seniority list of Inspectors of Central Excise on all India basis unless  the Central Civil Services (Classification, Control and Appeal) Rules, 1965  is amended suitably .  Since appointments   have already been made and promotions have already been granted, these rules can not be amended retrospectively. Since  the Union  Govt.( through CBEC) is competent  for appointment of AC as per Gr-A RR, CBEC is preparing the seniority list of feeder categories ( including Superintendent of Central Excise )on all India basis to grant promotions to the post of AC. Under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, Chief Commissioners/CBEC  are the appellate /revision authority respectively for the grade of  Superintendent. Appellate authority can not exercise the power  of adjudicating authority. Example Commissioner ( Appeal ) can not adjudicate any case which are empowered for adjudication by Commissioner or  by any subordinate to Commissioner . The Central Civil Services (Classification, Control and Appeal) Rules, 1965 also provides different provisions pertaining  to  vigilance, accounts and other service matters, there is not a single instance for amendment of the same retrospectively.  The Authority of such rules at present is DOPT. There is also a provision of direct  recruitment in the Superintendent of Central Excise Recruitment Rules to recruit Supdt. (Expert), hence the seniority list of Superintendents can not  be re-arranged with reference to the date of  joining in feeder post.


HAPPY DIWALI.


CENGO INDIA WISHES ALL ITS READERS A HAPPY AND PROSPEROUS DIWALI.

HAPPY DIWALI.

"A VERY VERY HAPPY & SPECIAL DEEPAWALI, GOVARDHAN POOJA & BHAIYA DOOJ AND PROSPEROUS COMING NEW YEAR 2014 TO ALL THE MEMBERS & OFFICE BEARERS (UNITS AS WELL AS ALL INDIA) ALONGWITH THEIR FAMILIES".
RAVI MALIK.
SG/AIACEGEO

Monday 28 October 2013

TERMS OF REFERENCE 7th CPC:

Cengo India demands the proposed 7th CPC should  examine the existing structure of pay, allowances and other benefits/facilities, retirement benefits like Pension, Gratuity, other terminal benefits etc. and  should  work out the comprehensive revised pay packet as on 1.1.2014.  The Commission should determine the pay structure, benefits facilities, retirement benefits etc. taking into account the need to provide minimum wage with reference to the recommendation of the 15th Indian Labour Conference (1957) and the subsequent judicial pronouncement of the honorable Supreme Court there-on. The Commission should determine the Interim Relief needed to be sanctioned immediately . The Commission  should  determine the percentage of Dearness allowance/Dearness Relief immediately to be merged with Pay and pension . The Commission should  settle the Pay and MACP anomalies arose on account of VI CPC recommendations.                   
 The Commission should  work out the improvements needed to the existing  retirement benefits, like pension, death cum retirement gratuity, family  pension and other terminal or recurring  benefits maintaining parity amongst past, present and future pensioners and family pensioners including those who entered service on or after 1.1.2004. The Commission should  recommend methods for providing cashless/hassle-free Medicare facilities to the employees and Pensioners.

Diwali.



Perhaps one of the most well known Indian festivals, Diwali is just around the corner. A much awaited festival, celebrated throughout India, Diwali signifies many different things to people across the country. As the festival approaches our members  get busy shopping for gifts for their near and dear ones. May the light that we celebrate at Diwali show us the  Way & lead us together on the path of peace and social harmony. Hope the festival of lights bring you a sparkling health, wealth and everlasting happiness , Cengo India wishing you loads of joy and happiness on Diwali.

Saturday 26 October 2013

CENGO INDIA.
The postings made in our blog post CENGO INDIA are being reproduced frequently in some other blog posts/web sites/ face book etc, though we have no objection for such reproductions ( as it where it is basis)exactly, however , our members are having a feeling that our AIACEGEO is having more than one blog posts.But we want to make it clear that our AIACEGEO is having only one blog post in the name and style CENGO INDIA, which is being maintained since 2008 by our Association. A detailed clarificatory note on the demands raised by us is furnished below  for information of our members-
1.   Our Demand-
Grade Pay of Rs.5400 in PB-3 to all Superintendents of Central Excise w.e.f 01.01.2006 and Time scale in PB-3 on completion of 4 years of service as Superintendent:
Clarification-
The high powered committee recommended that our duties and responsibilities are comparable with the post of DySP/CBI. The DY SP/CBI Recruitment Rules considers that the post of Superintendent of Central Excise is an analogous post to the post of Dy SP/CBI, hence not only we have demanded to award the pay scale of DY SP/CBI to us, but also we have filed one CAT case on this score to award the pay GP/pay scale granted to Dy SP/CBI  to us and the said case  is still  pending for decision. If the GP of the post of Superintendent will be 5400 in PB-3 automatically the time scale will be granted in PB-3 only.
  1. OUR DEMAND-Stagnation to be reduced to less than 4 years for induction to Group-A in STS (DC) Grade Directly.
    Clarification-In several departments like CPWD, Railways ,CSS etc. There is a provision for direct promotion to STS posts( for example SO is being promoted to Under Secretary) . Hence we should be provided with  such benefit. If it will be allowed to promote us directly  to STS posts,automatically appropriate  AC posts will be up graded to  DC posts. 
    3.  OUR DEMAND-
    3rd MACP & 2nd MACP should be Grade Pay Rs. 7600 in PB-3 & 6600 in PB-3 respectively.
    Clarification-If GP ( including time scale) will be enhanced,automatically financial up gradation under MACP will be granted in the higher grade pay. 
    4. OUR DEMAND.
Parity in matter of career prospects of (Group-B) Inspector along with Examiner of Customs and other counter parts.
Clarification-
 Necessary resolution on such subject has already been adopted in our AC/AEC meetings. Proper representations have been submitted and thereafter an OA has been filed in Principal Bench of CAT on such issue, which is pending for decision. This will also solve the problem of regional disparity in promotions.
5.Our  demand:-
50% of Dearness allowance should be merged with basic pay .
Clarification-
In consonance with the demands of  Confederations,  other Associations and Federations, we had raised   continuously  for constitution of 7th CPC and Govt duly considering our demand have decided to constitute 7th CPC. But as all of you know it very well that  the recommendations of 7th CPC will be operative w.e.f 01.01.2016, hence if 50% DA will not be merged with basic,then  we can not get any  benefit on or before 31.12.2015, therefore we have joined with others and raise demand on such issue.
  1. Our Demand-
 The New Pension Scheme and PFRDA Bill should be withdrawn:
Clarification-
For the benefits of officers who have joined in Govt.service on or after 2004, we have raised such issue along with Confederations,  other Associations and Federations.
  1. Our Demand.
 Relaxation children education allowance from Income Tax:
Clarification-
Education allowance is an expenditure, hence we demand for exemption from Income Tax. This allowance is also being allowed for higher education. We have  demanded for early consideration of scholarships, however it is required for  exemption of the same  from IT also.
  1.   Our demand-
 Cash less health scheme to all Central Excise Employees.
Clarification-
 We feel if this facilities will be granted to us then we can be benefited like employees of IT companies for treatment in big hospitals. 
  1. Our Demand-
 Removal of the unscientific ceiling in compassionate appointment:
Clarification-
We are raising such demand for removal of ceiling in compassionate appointment.We have raised such issues with the authorities and we have also made discussions on such issue with them at several times.

   10.    Our demand-    Creation of separate service to maintain all India seniority list for Inspectors and  removal of zonal disparity in promotions:
Clarification-
 Chitra Gourilal Committee recommended for creation of  separate service by creating Senior Superintendent post in Gr-B  . Our Association had objected such recommendations as our demand is for  creation of  a separate service up to the grade of Additional Commissioner( and Commissioner in situ like Joint Secretary in situ of CSS services).
11. Our demand-
 Introduction of in situ/ time bound promotional scheme to grant 5 promotions to all Inspectors of Central Excise in their entire service career, those have completed 8 years as Inspector and 20 years as Inspector and Supdt. Combined should be upgraded to the post of Supdt and AC respectively.
Clarification-
That the procedures  of normal promotion is not applicable in flexible promotional  scheme. Time Bound Promotion and in situ  scheme are falling under the category of flexible promotional scheme. The stagnation  issue including regional disparity can not be solved unless one flexible promotional scheme is being introduced in our cadre.
12. Our Demand-
 Immediate DPC against existing vacancies in the cadre of AC:
Clarification-
It has already been explained to all our members, as to what action has been initiated by our Association on this subject issue. It is known to every one that the DPC is being delayed due to non allotment of time by UPSC, hence we have raised such issue.
13. Our demand-
 Regularisation of adhoc promotions pending since 97 on revised ratio as per SC decision dated 03.08.13:
 Clarification-
 It is required to make regularisation of all pending  adhoc promotions  basing on the prevailing valid recruitment rules.
14. Our demand-
 Three up gradations under MACP should be post based like ACP scheme: Clarification
This demand is being raised  in conformity with the recent Apex Court decision  on granting of  up gradation under  MACP.
15.Our demand-
 Provision for proper infrastructures to all offices with a provision of sitting arrangement as per prescribed norms & issue of laptop/mobile to all Inspectors/Superintendents:
Clarification-
These demands have been raised as per resolutions adopted in our AEC meetings.

16.Our demand-
 Granting of pay scale of 2000-3200 & 6500-10500 to the cadre of Inspector w.e.f 01.01.86 & 01.01.96 respectively and pay scale of 2200 -4000 & 8000-13500 to the cadre of Superintendent w.e.f 01.01.86/ 0.01.96 respectively:
 Clarification-
 The OA No 292/2011 & 624/2011 filed by us in CAT is still pending for decision on such issues.
17.Our demand-
 CR must be conducted in every 4 years block like CSS.
Clarification-
 There is a provision in CSS for CR in each and every 4 years block, hence we have demanded for implementation of such provision in our department also.