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. 26/RR/14
Dt. 31.01.14
To,
Sh. P. Chidambaram,
The Hon’ble
Minister of Finance,
Govt. of India,
New Delhi.
Subject: Recruitment Rules regarding Cadre Restructuring of
CBEC.
Sir,
It is submitted with due regards that the Superintendents of Central
Excise are forced to work under their juniors of Customs belonging to the same
cadre which is against all the rules, norms & principles of law as well as
natural justice. At present, we have a ratio of 5:4
between Central Excise stream and Customs stream officers in group A which is
contrary to their numerical strength at feeder level, the percentage of the
Customs stream officers being merely 13% at group ‘B’ executive level. The
Appraisers are merely 2.5% while the Examiners are only 1.2% of total strength
of group ‘B’ executive officers. The group B Central Excise executive
officers (Superintendents & Inspectors) are facing the worst career
prospects and are the most stagnated government employees. They are retiring on
a PB2 post while their common entry counterparts, whether intra-organisational
or intra-departmental or inter-departmental, are easily attaining & enjoying
the PB4 levels after common entry into PB2. Even the current cadre
restructuring will do no good to these downtrodden employees (also admitted
vide minutes of CBEC meeting dt 12.01.11 that even fresh vacancies likely to
arise as a result of cadre-restructuring, may not be able to resolve the
problem) due to the creation of temporary posts at JTS level and also some
drastic clause in it to limit their promotions within the lowest level.
a) A clause has been laid down in the
notification that the officers promoted against the temporary posts of Asstt.
Commissioner would not be entitled for
further promotion. This clause may kindly be deleted as the extant
recruitment rules are to be applied for filling-up of these temporary posts.
The extant recruitment rules are clearly applicable to the long term temporary
and regular posts. There is nothing in the extant rules that the officers
promoted against the temporary posts of the Asstt. Commissioner would not be
entitled for further promotions. All of such officers may also kindly be
upgraded to the Deputy Commissioner grade after completion of 4 years of
service as there is no difference between the functional duties of Asstt.
Commissioner & Deputy Commissioner like Joint Commissioner & Addl.
Commissioner.
b) The immediate measures may kindly be taken to
convert all of the temporary posts to
regular/permanent as these have been created on the sole basis of
functional requirement. This functional requirement will be on regular increase
instead of decrease with the passage of time. There is no other precedent where
any temporary post has been created to cope-up with the “ever increasing
functional requirement” in the cadre restructuring of any other department.
Temporary posts are created only as temporary measure to cope-up with some
temporary situation which may noway be the part of any cadre restructuring.
Cadre restructuring is meant only to devise permanent, effective & better
measures not only in r/o functional need of any department but also to boost up
the career prospects of the stagnated employees. It is disappointing that the already acutely
stagnated group B officers are being tried to stop at the lowest level ignoring
the functional necessity of the department while the posts at Apex, HAG+ etc.
levels in higher scales without availability of the eligible officers have been
created for non-stagnated IRS officers without any functional requirement.
c) The effective period of 5 years in r/o
temporary posts of Asstt. Commissioner may kindly be counted from the date of filling-up of these posts
instead of the date of cadre restructuring notification to give actual benefit
to the Central Excise group B executive officers who are already facing the
extraordinary & acute stagnation because nobody knows when these posts will
actually be filled-up.
d) Immediate steps may also kindly be taken to
create “reserve pool” posts as per
the prescribed norms; otherwise the promotional quota of the already
extraordinarily & acutely stagnated employees will be used for the purpose
of reserve pool.
e) All vacant posts in STS/DC grade
on account of unavailability of eligible officers may kindly be operated at JTS
level under Rule 254 of GFR, 2005
till the vacant posts in STS grade are filled-up. This may give a bit solace to
extraordinarily & acutely stagnated Central Excise group B executive
employees.
f) Again to give a bit solace to the
extraordinarily & acutely stagnated Central Excise group B executive
employees; all vacant posts in JAG, functional or non-functional (JC/ADC),
& above grades on account of non-availability of eligible officers may
kindly be operated at JTS level under Rule
254 of GFR, 2005 till the vacant posts in the JAG & above grades are
filled-up.
g) The specific measures may kindly be taken to
fill-up all newly created/vacant posts alongwith vacancies to be cascaded
downwards on account of promotions at higher levels in one go only by promotions like last cadre restructuring
particularly keeping in view the extraordinarily acute stagnation of the group
B Central Excise executive officers.
h) After implementation of cadre restructuring,
the direct recruitment of IRS may kindly be limited to minimum like “maximum
upto 25%” as also in the Indian Postal Service. It means that it may be limited
even to zero as per the demand of the circumstances. It will also protect the character & stature of IRS which seems to
be the ultimate aim of our CBEC. It is very unfortunate that our CBEC is
worried even for those direct IRS officers who have not yet taken birth but it
has no worry about the actual workforce of Inspectors & Superintendents who
are instrumental to earn the major portion of government revenue.
j) The specific
relaxation/amendments may kindly be made in the relevant recruitment rules
in accordance of the above paras.
2. It is further submitted that Central Excise executive officers
are retiring merely in PB2 while their common entry counterparts of Customs are
reaching PB4 levels easily. Other intra-departmental (CBDT) &
inter-departmental (CSS etc.) common entry counterparts are also enjoying PB-4
levels but Central Excise executive officers are forced to retire on a PB2
post, thanks to faulty & discriminatory recruitment rules. Even the standard qualifying services in
consonance of the DOPT guidelines are not being followed by our CBEC for this
poor category of employees. The Central Excise executive officers are even
forced to work under their extreme juniors of Customs recruited in the same
cadre on account of the faulty & discriminatory Recruitment Rules. No DOPT provision says that a senior relating to same cadre
should work under a junior. It was expected that the injustice would be
undone by framing the new Recruitment Rules in the manner of not forcing a
senior to work under his/her junior following the scheme as disclosed by the
CBEC during the course of the presentation of the cadre restructuring made on
18.01.11 saying that a proposal is already under examination to bring the
Inspectors, PO’s and Examiners of same year at par in the matter of promotions
but nothing happened despite of the repeated assurances of the administration.
3. The Inspectors, PO’s & Examiners enter
the job as Inspector in the same cadre (Inspector
only) subdivided by CBEC into three categories without any justification.
All of them are mentioned as Inspector in the Recruitment
Rules. As far as Customs work is concerned, our
Inspector of Central Excise is mentioned as the Inspector of Central Excise
& Land Customs in the Recruitment Rules.
It clearly stipulates that he/she is recruited to perform the duties of Customs
also and he/she has already been performing the same not only throughout the
Land Customs but also on airports, border areas, coastal areas etc. (including
a lot of Excise related Customs work) and so, looking after the bulk work of
Customs (many times more than PO’s & Examiners) alongwith whole work of
Central Excise as well as Service Tax. The same is the position at group ‘B’
gazetted level as our Superintendent of Central Excise is also to look after
the bulk work of Customs including appraisement and already has been looking
after this bulk work of Customs since the birth of CBEC. All of three streams
are merged at group ‘A’ entry level substantiating again that all of them
belong to one & the same cadre at group ‘B’ non-gazetted as well as
gazetted level. They were shown to belong to the single cadre in the last cadre
restructuring and have also been shown under the one
& same column in the notification of current
restructuring without any tri-furcation in their
strength. It again substantiates that they belong to the
one & the same single cadre. The single cadre at non-gazetted as well as
gazetted level has been tri-furcated without any cogent reason and needs
immediate merger in the manner that no senior is forced to work under his
junior.
4. Very disappointingly, our officers joining
the job as Inspector/Superintendent of Central Excise are placed decades behind
the officers joining the job as Examiner/Appraiser and also PO/Customs
Superintendent upto good extent with the passage of time due to faulty &
discriminatory Recruitment Rules resulting into discriminatory
promotional avenues for Central Excise stream. These discriminatory
promotional avenues have already been very well admitted by the CBEC on various
occasions but no remedial steps have been taken to undo this discrimination
till date. This discrimination can only be undone by framing of the Recruitment
Rules to ascertain parity in promotions with common
entry counterparts. Thus, the immediate measures may kindly be taken to bring
all the Central Excise Inspectors, Preventive Officers & Examiners of same
year at par in the matter of promotion keeping their relative seniority intact
in r/o common entry into the job. This was also committed by the CBEC during
the presentation made on cadre restructuring on 18.01.11 and also during
various other meetings but nothing has happened till date.
5. The discrimination/disparity was duly recognized and reflected by
CBEC in the minutes of Board meeting of 12.01.11 and 18.02.11also directing HRD
wing to formulate the device to undo the prolonged injustice. As a result, it
was expected that the common entry counterparts would be brought at par in the
matter of promotions and no senior would be forced to work under any junior.
But nothing has been done till date. Even the ratio of 13:2:1 worked out by
CBEC is absolutely incorrect and not in
consonance of the DOPT guidelines. Very specific assurance to frame the recruitment
rules on the issue was also given vide
No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC by the Member (P&V)
against point No. 2 of the meeting held
on 31.01.13 with the Association but nothing happened till date.
6. As per DOPT guidelines
under Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10, the fixation
of ratio is not mandated in case of small
number of promotional posts as merely 1% in our case is not only smaller
even than small but it is the smallest. In the minutes of CBEC meeting held on
12.01.11 also, it was said that mere change in existing ratio would be
insufficient to address the situation. It may also be seen under section
18(2)(a) of original Indian Customs & Central Excise Service Group ‘A’
Rules, 1987 that promotional vacancies should be filled in accordance with the
common seniority list of the three group
‘B’ categories of the officers instead of any ratio formula. It is reiterated
that any ratio formula will never be able to grant “just & fair
representation as directed by the Hon’ble Supreme Court in the verdict of Civil
Writ Petition No. 385/10” because a category (Customs) ahead of other (Central
Excise) will always remain ahead even if a single post/vacancy even out of
thousands or lacs is given to it.
7. In view of the above submissions, the Recruitment Rules may
kindly be framed/amended without trifurcating the cadre at Inspector and Group
‘B’ gazetted level by prescribing the qualifying service based on the OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of
DOPT (not being followed by CBEC) which clearly stipulates the promotion of the officer completing 12, 17 & 20
years of service to the grade of JC, ADC & Commissioner respectively after
joining the job as Inspector. The validity of this OM was also admitted
by the CBEC during the presentation on cadre restructuring proposal on 18.01.11
but they showed their inability to implement the same due to the want of
required number of vacancies. The said problem of the want of the required
number of vacancies may be overcome by adopting the measures like notional
promotions, creation of supernumerary posts or even in-situ promotions as last
option. Thus, the Recruitment Rules should kindly be framed prescribing the
qualifying services as below on the lines of above referred OM Dt. 24.03.09 of
DOPT with the
specific request not to impose any qualifying service/residency period in
deviation of the DOPT guidelines-
(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/- after time scale to 5,400/-. It is
also submit-worthy that the most of the group ‘B’ gazetted officers including
CSS are being promoted to a senior group ‘A’ post instead of junior group ‘A’
in Central as well as State governments. In CPWD where direct group A entry
is in the grade pay of Rs. 5400/- like CBEC, even the officers are being promoted
from a grade pay of Rs. 4,600/- directly to the grade pay of Rs. 6,600/- and
then directly to a grade pay of Rs. 8700/- from the grade pay of Rs. 6,600/-.).
(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) and so on.
8. Keeping in view
the extraordinarily acute stagnation of the Central Excise executive officers,
there should kindly be incorporated the permanent provisions in the Recruitment
Rules framed on the above lines at every level in addition to the above
qualifying services to promote (even in-situ or
otherwise) the officer automatically to the next higher grade, if
his/her stagnation in a grade reaches one & half times of qualifying
service. This will also remove the regional/zonal disparities being
faced by the officers. The draft on Recruitment Rules is enclosed herewith. It
is again very specifically requested not
to make any deviation in standard qualifying service/residency period; the same
should kindly be kept in strict consonance of the standard guidelines of the
DOPT.
9. Apart our strong reservations against ratio formula, it is worth
to mention that the sanctioned strength of Appraisers is just more than double
of the Examiners which gives the opportunity to Examiners to be promoted to
next post within 3 years (within 2 years in the future) while our Central
Excise Inspectors even with 25 years of service are still waiting to be
promoted to next post. Moreover, the direct recruitment of the Appraisers was
stopped in 2002 by the Cabinet but their strength has not been reduced from the
total strength of the Appraisers. As per DOPT guidelines, this should have been
abolished. So, not only the strength of
the direct recruit Appraisers (50% of the total strength of the Appraisers) is
to be abolished from the total strength of the Appraisers but it is also to
be reduced further to bring the standard
ratio of 1:1.5 between the strength of Appraisers & Examiners like the
strength of Central Excise Superintendents & Inspectors and also the
strength of Customs Superintendents & PO's. Otherwise the Examiner even of
2009 will also enter into group A in 2014 while the Central Excise Inspector
only of 1981/82 will be able to reach the stated level. The qualifying service
for further promotion from the post of Central Excise Inspector, PO and
Examiner is, therefore, required to be made the same.
10. As far as the imposed ratio of 13:2:1 (whether
correct or incorrect?) for promotion to group 'A' JTS is concerned, the Central
Excise Superintendents will always be at a permanent & recurring loss in
r/o the filling-up of the retirement vacancies in future after the
implementation of the cadre restructuring because of being at the fag end of
the career at the time of promotion in comparison to the officers belonging to
the Customs stream. Thus, every 13 vacancies occurring in future on account of
the retirement of the Central Excise Superintendents will further be shared by
the Customs people and the practical share
of the Central excise officers will be on regular diminishing which
requires to be checked immediately.
11. It is also worth to submit that Customs side officer, i.e.,
Appraiser of 2002 & Customs Superintendent of 1996 have already entered
into group A while Central Excise Superintendent of 1992/93 is still waiting
for the same. Hence, all of the posts at group
'A' JTS level may first be used for promotion of acutely stagnated category of
employees, i.e., Central Excise Superintendents to give some consolation
to them at fag end of career. So, all of these posts may be utilised only for
the Central Excise Superintendents until 2002 Central Excise Superintendents
also enter into group A. After
it, the posts may be distributed in the manner that the officers of the same
year of all three streams may get parity in the promotions.
12. In view of the above, it is requested that the
Recruitment Rules may kindly be framed in consonance of the paras 1 to 11 above
for the sake of “equity, justice & fairness” undoing the injustice,
discrimination & humiliation being faced by Central Excise executive
officers for decades.
Thanking you,
Yours
faithfully,
Encl: Draft RR’s.
(RAVI MALIK),
Secretary
General.
Copy with the request for necessary
action to:
The Hon’ble Minister of State for
Revenue, Govt. of India, New Delhi.
(RAVI MALIK)
