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.comMob.
09868816290
Vice Presidents: SampatRai, VatanKamble (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, LaxmiLalSinghvi (Central); N. N. Lal, R. K.
Solanki (North); G. Srinath, S. Chandrasekar (South); AshwiniMajhi, 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. 02/NFFU/14
Dt. 01.01.14
To,
Sh. Sumit Bose,
The
Secretary, Finance & Revenue,
North
Block, New Delhi.
Sub: Batch to batch Non Functional
Financial Upgradation to the Central Excise executive officers at par with the
counterparts of CSS.
Sir,
It is submitted with due regards that all the
organised group ‘A’ officers recruited with IAS, the best placed group ‘A’
service, in the same pay scale through common entry examination conducted by
UPSC have been granted financial parity with the counterparts of IAS. They have
been granted non-functional up-gradation vide DOPT OM No. AB.14017/64/2008-Estt.(RR)
dt.24.04.09 to compensate the lack of promotions as compared to IAS.
2. It is further
submitted that the CSS officers are the best placed group ‘B’ officers of Govt.
of India like IAS in group ‘A’. The group ‘B’ officers at the level of
Inspector of Central Excise and the Assistant of CSS are recruited in a common
scale of paythrough common
entry examination conducted by SSC. The officers recruited as Assistant
(Group-B, Non Gazetted) in the Ministries get the benefit of promotions upto
the Joint Secretary level, i.e.,i) SO with GP of Rs.5400/- in PB3 after 4 years
of service, ii) US(Grade-I) with GP ofRs.6600/-, iii) DS with GP ofRs. 7600/-,
iv) Director with GP ofRs. 8700/- in PB-4 and v) JS with GP ofRs. 10000/-.
However, their counterpart Inspectors of Central Excise in CBEC recruited as
Group-B (Non Gazetted) through the same All India competitive examination get
only one promotion in 35/40 years of service career. If the Assistants/Section
Officers are working in the headquarters offices on policy making seats, the
Inspectors/Superintendents of Central Excise are also working on more important
seats of revenue collection in the field formations. Despite of working on more
important seats, the Inspectors/Superintendents of Central Excise are not
treated at par with the counterparts of CSS. These CSS counterparts are
retiring 4-5 grades above the officers recruited as the Inspector of Central
Excise. On account of this, the CSS counterparts are getting 60% more pay than the
officers recruited as Inspector of Central Excise. Even the pension of CSS
counterparts is more than the salary of the officers recruited as Inspector of
Central Excise. The Inspectors of Central Excise are recruited in PB2 and also
retire on a PB2 post of Superintendent barring around 1% while all of their
common entry counterparts of CSS easily reach PB4 levels after being recruited
with them in PB2 through the same examination with same eligible conditions. It
is also worth to submit that the revenue officers are highly placed throughout
the world in the matter of salary, perks and career prospects as compared to
other employees but, very unfortunately, our officers are facing the ever worst prospects in each & every matter.
3. The group ‘A’
officers in the Ministries are selected under Central Staffing Scheme on
deputation basis from organized Group ‘A’ Services or from CSS officers being
promoted from the post of Assistant/Section Officer but no such opportunity is
available for the Inspectors/Superintendents of Central Excise who are not only
looking after the work relating to collection of Central Excise duty but also looking
after the work of collection of Customs duty (including Inland Air Travel Tax
and Foreign Travel Tax) and Service Tax. Needless to mention that they are
already earning the major portion of the govt. revenues. It is also worth to
mention that the Govt. of India has regularly
been earning the revenue far ahead of the revenue target in r/o of Central
Excise duty, Customs duty and Service Tax particularly due to the efficient,
committed & effective efforts of the workforce of CBEC in the form of
Central Excise Inspectors/Superintendents.
4. Above facts very
well manifest the injustice meted out to officers recruited as Central Excise
Inspector despite of the most important work of revenue collection being done
by them for govt. During this course, they have been facing every threat
including life & person of them as well as their families by the hard core
criminals, smugglers and white collared criminalsalongwith tremendous
administrative pressures. Thus, the officers recruited as the Inspector of
Central Excise deserve a far better treatment in every aspect including pay,
perks and career prospects. The grant of the non-functional financial upgradation
on batch to batch basis in the grade of common entry counterparts of CSS on the
lines of granting the non-functional upgradationto all Group ‘A’ officers at
par with IAS may really be a solace for these hard working Central Excise
officers.
5. The
Association was assured of the necessary action by the Member (P&V) in r/o
granting non-functional financial upgradation at par with CSS during the
meeting of 02.11.12.The issue was raised again vide point No. 15 in the meeting
of 31.01.13 and she was again pleased to assure the Association of necessary
action but the decision on
this point, however, was mentioned in the minutes as a technical matter to be
examined vide
No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.No
need to repeat that the Central Excise Superintendents have been
facing continuous acute stagnation for decades.
Out of more than 11500 Central Excise Superintendents, around 10000 are
already eligible for promotion to group ‘A’ having rendered more qualifying
service than required for promotion.
6. As far as the
importance of the responsibilities is concerned, the Superintendents are
discharging all functions relating to assessment, investigation& intelligence,
issuing of Show Cause Noticewith the powers of adjudication. They have not only
been conferred with the judicial powers in the matter of adjudication but also
been conferred with the judicial powers of recording statements of various
persons in terms of Section 14 of the Central Excise Act, 1944 or Section 108
of the Customs Act, 1962. The statements
tendered before the Central Excise Superintendent have a legal binding and are
treated as a valid piece of evidence by various courts including the Hon’ble
Supreme Court just like the statements tendered before a Magistrate. No such
powers have been conferred to the CSS officers or any other counterparts of
Central Excise Superintendents/Inspectors. It is also important to mention that
the judicial officers are not only already being highly paid with extra perks
but also treated in a far better way in the matter of career prospects than our
Superintendents in our country.Though the Central Excise Superintendents are performing
more responsible work functions as compared to other common entry counterparts
yet they are facing the worst career prospects instead of being given better
treatment. They are being maltreated despite of being the ‘backbone of the
government revenue’ on account of being the major revenue collectors for the
government in the form of Central Excise duty, Customs duty and Service Tax and
also GST in the forthcoming times. In the actual terms, they are the ‘backbone
of the government’ on account of being responsible to earn the finance for the
government but are being totally ignored in every matter.
7. In view of
above, it is requested that the officers recruited as Inspector/Superintendent
of Central Excise (direct as well aspromotee) may kindly be granted at least
non-functional financial upgradation at par with their counterparts of CSS on
batch to batch basis enabling them to retire in PB4 like their counterparts too.
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.comMob.
09868816290
Vice Presidents: SampatRai, VatanKamble (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, LaxmiLalSinghvi (Central); N. N. Lal, R. K.
Solanki (North); G. Srinath, S. Chandrasekar (South); AshwiniMajhi, 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/P/14
Dt. 01.01.14
To,
Sh. Sumit Bose,
The
Secretary, Finance & Revenue,
North
Block, New Delhi.
Sub: Parity with the best placed counterparts like CSS etc.
Sir,
Kindly refer to
theRef. No. 280/P/13 Dt. 17.10.13 of the Association
alongwith various other communications.
2.
It is submitted with due regards that our officers are retiringat a PB2 postonly
with single promotion in the career of 35-40 years after enteringthe job as
Inspector of Central Excise while our counterparts of CSS, CSSS, Rajya Sabha
Secretariat, CBDT etc. are easily attaining the PB4 levels after getting 5/6
promotions despite of our officers being the backbone of the government on
account of earning the major portion of the government revenue in the course of
discharging the executive and quasi-judicial duties taking every risk on life
of self as well as family on account of interacting with the white collared
criminals & hardcore smugglers.
3.
The government is adopting every measure to bring parity, whether functional or non-functional, among common entry group ‘A’
officers but no such measures are being taken for group ‘B’ officers. The IRS
officers of CBEC got the parity with their common entry counterparts of CBDT in
the last cadre restructuring. They are also expected to get parity with other
better placed group ‘A’ common entry counterparts in the ongoing cadre restructuring.
Every effort is also made to promote group ‘A’ officers within qualifying
service but no such effort is ever made to promote Central Excise group ‘B’
executive officers in consonance of DOPT guidelines.
4. On account of
no efforts being made to bring group ‘B’ common entry counterparts at par,
there is huge discriminatory disparity between Central Excise group ‘B’
executive officers and other counterparts. As a result, the counterparts of
CSS, Rajya Sabha Secretariat, CBDT etc. are reaching the level of Joint
Secretary & Commissioner while Central Excise group ‘B’ executive officers
are forced to retire as Superintendent after single promotion only barring 1%.
This has made a huge discriminatory difference between their salaries, pension
and other pre/post-retirement benefits. The ongoing cadre restructuring of CBEC
shall also not be able to undo the continuous discrimination being made to the
Central Excise group ‘B’ executive officers. Only around 1% of them will merely
be able to enter into junior group ‘A’ at the fag end of the career on regular
basis like in the past as a result of ongoing cadre restructuring because the
rest of the posts of Asstt. Commissioner (JTS level) have been created on
temporary basis only for 5 years with the condition that the officers promoted against these posts would not be eligible for
further promotion.
5. In view of
the above, it is necessary to take some concrete steps independent of cadre
restructuring to bringCentral Excise group ‘B’ executive officers at par with
their best placed common entry counterparts of CSS etc. on the lines of group
‘A’ in the interest of the govt. revenue. The parity
(functional or even non-functional) with their common entry counterparts is
very well possible by adopting the measures like below-
a) Time bound
promotions/scales (time scales
after every 7 years for these officers were also recommended by CBEC to 6th CPC
vide F.No.A.26017/147
/06-Ad.II.A Dt. 04.01.07 as one of the measures but
the same is now being back tracked). No posts will be required to be created for
the grant of time scale after every 7 years.
b) Notional
promotions granting batch to batch parity with the best placed common entry
counterparts like CSS etc.
c) Creation of
supernumerary posts which will be personal to the officer at each level of
the promotion and will be abolished with the retirement of the officer.
d) Creation of
separate service (it was also
recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as
one of the measures but now it is also being back
tracked). The draft RR’s for separate
service have already been submitted to the CBEC by the Association and are
enclosed herewith also. The separate service for group ‘B’ officers has also
been recommended on various occasions by the CBEC and also by the IRS Officers
Association but no initiative has been taken till date. This may now be created
by taking into consideration all of the vacant posts (after implementation of
cadre restructuring) at group ‘A’ level+half of STS posts+half of JTS regular
posts by upgrading these to STS+all of temporary JTS posts (instead of
abolishing after 5 years) by upgrading these to STS with the provision of
promoting Superintendents directly to STS+some additional posts etc.
e) Direct promotion
to higher post/s (Customs Ministerial officers are being promoted to
the post of Customs Appraiser without working even for a single day on the
feeder post of Customs Examiner in CBEC. Likewise, our officers may also kindly
be granted parity with the best placed common entry counterparts by promoting
them directly to the higher posts).
f) In-situ
promotions (requiring no creation of posts).
g) Batch to
batch functional upgradation at par with the best placed common entry
counterparts like CSS etc.
h) Batch to batch non-functional upgradation at par with the best placed common entry
counterparts like CSS etc. (also requiring no creation of posts) based on
the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting
NFU to other group ‘A’ officers at par with IAS.
i) Re-framing the
recruitment rules prescribing the qualifying service in consonance of the DOPT
OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09without trifurcating the
cadre at group ‘B’ non-gazetted&group ‘B’ gazetted level. This OM
stipulates the promotion of the grade of Inspector to
the grade of Joint Commissioner, Additional Commissioner & Commissioner
after completion of 12, 17 & 20 years of service respectively. The validity
of this OM was also not questioned by CBEC during the presentation of cadre
restructuring proposal on 18.01.11 but CBEC showed its inability to implement
the same due to the want of the required number of vacancies/posts. In the case
ofthe want of the required number of vacancies/posts (if CBEC is unable to
create the same), the officers may
kindly be granted in-situ promotions after completion of the prescribed service
(also requiring no creation of
posts) independent of cadre restructuring. A little deviation
from the above mentioned DOPT guidelines may be understood but the
non-implementation of the guidelines at all is never understandable. If the
CBEC is unable to give us the prescribed grade within 20 years, we may be
granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even
30 years (after completion of one &
half times of qualifying service based on the precedent of CSS where all
the Section Officers were promoted to the post of Under Secretary after
completion of one & half times of qualifying service in 1999).
6.
Keeping in view the above
submissions, it is requested that the due steps may kindly be taken independent
of cadre restructuring to devise the specific scheme (by means of functional
or non-functional upgradation) for bringing the Central Excise group ‘B’
executive officers at par with their best placed common entry counterparts like
CSS etc.
Thanking you,
Yours faithfully,
Encl: As above (Draft RR’s).
(RAVI MALIK),
Secretary General.
