" 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.

Monday 14 April 2014

IMPORTANT REPRESENTATIONS SUBMITTED BY AIACEGEO



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.com                         Mob. 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. 75/D/14                                                                          Dt. 15.04.14
To,      
Ms. J. M. Shantisundharam,
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Removal of regional disparities.
As your goodself knows, it is submitted with due regards that our officers have been facing the regional disparities perhaps since very beginning of the CBEC. These inter as well as intra category disparities have been placing some on beneficial and some on harshly non-beneficial positions. The position always keeps fluctuating for every zone. Your goodself may also kindly be knowing that our officers were able to reach the PB4 level of Commissioner or even above in the remote past but, presently, they are unable even to enter PB3 group ‘A’ JTS level. Some of them may be able merely to enter into group A on account of the temporary posts created in cadre restructuring but none of them either will get parity with common entry counterparts or be able to enter into PB4 and, thus, inter or intra category disparities will remain unremoved. The officers of the regions, who were far ahead of others once upon a time, are legging behind now and vice versa. No need to mention that these regional disparities are going to be increased after the implementation of the cadre restructuring whereas our other common entry counterparts will keep enjoying the PB4 levels.   
2. Your goodself was pleased to show willingness to remove the above mentioned regional disparities during the meeting of 04.03.14 with the Association despite of the final reply from the administration side that these can only be removed prospectively. In this regard, your kind attention is invited to the presentation made on cadre restructuring by the CBEC on 18.01.11. One of the points submitted by this Association was presented by CBEC as follows-
‘As per DOPT guidelines contained in OM F. No. 14017/61/2008 Estt. (RR) Dt. 24.03.09, a direct recruit Inspector should be promoted to the grade of Joint Commissioner after 12 years of service. Thereafter, after 17th year service, she/he should be promoted as Addl. Commissioner and after 20 years services as Commissioner.’
3. It is worth to submit that the above said DOPT OM was not questioned or countered by the CBEC but they were pleased to reply that the creation of so many posts may not be possible.
4. As per the above mentioned DOPT OM, the Inspector grade officer is eligible to be promoted to the grade of Superintendent, Asstt. Commissioner, Deputy Commissioner, Joint Commissioner, Addl. Commissioner, Commissioner & above respectively within 2, 3, 7, 12, 17, 20 years & so on. It is also submitted that the DOPT has framed the said qualifying services with the due diligence & application of mind without the same being meant only for decorative purpose. It is also worth to submit that the proposals for due amendments in the existing provisions in accordance of the above qualifying services for group A & B were to be furnished to the DOPT & UPSC within 6 months of the issuance of the said OM.
5. Regarding the inability of CBEC to create so many posts, it is submitted that no posts are required to be created for in-situ promotions. Many of the organisations, where the creation of more functional posts was not possible, have already adopted organisation specific in-situ promotion schemes to grant benefit to their stagnated employees. Thus, the organisation specific in-situ scheme to grant promotions within above qualifying services to our officers may also be adopted by the CBEC without creation  of  any  post.  Such  in-situ  promotions scheme will not only remove the regional disparities but it


will also remove the extraordinarily acute stagnation being faced by our officers alongwith granting the parity with other common entry counterparts to enter our officers into PB4.
6. In view of the above, it is requested that an organisation specific in-situ promotions scheme may kindly be adopted for our officers to grant them in-situ promotions as soon as the officer completes the qualifying service as prescribed by the DOPT vide OM F. No. 14017/61/2008 Estt. (RR) Dt. 24.03.09 to promote him/her from existing grade to respective higher grade. It seems the only way to remove the regional disparities.
Thanking you.                                                                          
Yours faithfully,


(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Secretary, DOPT, North Block, New Delhi.
2) The Member (P&V), CBEC, North Block, New Delhi.
3) The DG, HRD, CBEC, New Delhi.


(RAVI MALIK)
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.com                         Mob. 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. 76/M/14                                                                          Dt. 15.04.14
                                                                                                REMINDER PL.
To,                  
Ms. Mala Srivastava,
The Member (P&V), CBEC,
North Block, New Delhi.
Sub: Immediate re-framing of RR’s and regularization of all adhoc promotions.
Madam,
Kindly refer to the minutes drawn against point No. 2 of the meeting held under the Chairpersonship of the former Member (P&V) on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC as well as Ref. No. 123/M/13 Dt. 23.05.13 of the Association.
2. With due regards, it has been mentioned in the minutes that the work of framing new RR’s is going on and its progress is being monitored very closely on regular basis. Further, it has been mentioned that the RR’s as per DOPT guidelines would be finalized soon. As far as the relevant DOPT guidelines (issued vide OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09) are concerned, it is requested that the qualifying service to be prescribed for Central Excise executive officers should kindly be as follows-
(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/- to Rs. 5,400/-. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a post with a grade pay of Rs. 6600/- instead of Rs. 5400/- in Central as well as State governments.).
(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 and so on.
           3. Keeping in view the extraordinarily acute stagnation of the Central Excise executive officers (Superintendents/Inspectors), it is further requested that there should kindly be incorporated the permanent provisions in the recruitment rules in addition to the above qualifying services at every level to promote the officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of qualifying service. Such provisions may be created based on the precedent of promoting all the Section Officers (analogous to our Superintendent) of CSS to the post of Under Secretary (analogous to our Deputy Commissioner) after completion of one & half times of qualifying service some years ago in 1999. This will not only remove the regional disparities but also grant the opportunity to our officers to reach higher levels like their common entry counterparts.
            4. As far as the time-frame to complete the work of framing the RR’s as well as regularisation of promotions is concerned, it is submitted that it has already taken more than the reasonable expected time and needs to be expedited.
5. It is further submitted that the new RR’s of IRS said to be formulated as per the Apex Court verdict dt. 03.08.11 & 30.03.12 will never be able to grant “just & fair representation” to Central Excise stream of executive officers and are not acceptable to the Association. All the adhoc promotions may also kindly be regularised based on “just & fair” RR’s following the precedent of the regularisation of 1979 onward promotions as per the earlier Apex Court verdict.


6. It may also kindly be ascertained whether the promotions were regularised since 1980 or since 1979 on the earlier occasion giving excess vacancies to the Appraiser stream. It is also worth to submit that the 1979 onward regularisation is still incomplete because no benefit of promotion was given to the serving officers as per the provisions of extended panel.
7. So, all the 1979 onward promotions are required to be regularised by immediate implementation of the Supreme Court verdict dt.03.08.11/30.03.12 by framing “just, fair & equitable” recruitment rules and abiding all the ad hoc promotions with the same duly implementing the provisions of extended panel to give benefit to the serving officers and also to grant parity in promotions to all the common entry counterparts keeping their relative seniority intact. No heed has been paid to the issue of intra-organisational parity till date despite of the commitment made during the presentation of cadre restructuring proposal on 18.01.11 saying that the proposal to bring all the Inspectors, PO’s and Examiners of same year at par in the matter of promotions is already under examination. Even the so called revised RR’s are not being abode to all of the ad hoc promotions. “Just & fair representation” will never be possible by the revised rules till senior officers of Central Excise continue to work under the junior officers of Customs recruited in the same cadre of Inspector. “Just & fair representation” is possible only when the officers from each stream will represent each level of group ‘A’ in the proportion of their working strength.
8. In view of the above, it is again requested that the framing of new RR’s and regularization of ad hoc promotions may kindly be expedited accordingly.
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.com                         Mob. 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. 77/M/14                                                                          Dt. 15.04.14
                                                                                                       REMINDER PL.
To,                                                  
Ms. Mala Srivastava,
The Member (P&V), CBEC,
North Block, New Delhi.
Sub: Merger of three Group ‘B’ Executive Non gazetted cadres into one cadre-regarding.
Madam,                                   
Kindly refer to the Letter F. No. 8 / B / 44 / HRD (HRM) /2011 Pt.1/996 Dt. 04.04.12 on the above mentioned subject as well as the Ref. No. 59/M/12 Dt. 15.04.13 of the Association.
2. It is again submitted with due regards that the Inspectors of Central Excise, Preventive Officers and Examiners of Customs all are mentioned as Inspector only (belonging to one & the same single cadre of Inspector) in the recruitment rules as below-
i) Inspector of Central Excise & Land Customs.
ii) Inspector (Preventive Officer) and
iii) Inspector (Examiner).
3. It is very clear from the above that the Inspector of Central Excise is also mentioned as Inspector of Land Customs in the recruitment rules.  Thus, he/she doesn’t only perform the duties relating to Central Excise & Service Tax but also performs the duties relating to Customs. All of the above 3 categories of Inspector are promoted to the post of Superintendent of Central Excise & Land Customs, Superintendent of Customs and Appraiser of Customs respectively and re-merged as Asstt. Commissioner at group ‘A’ entry level belonging to one & the same single cadre. But the Inspector of Central Excise & Land Customs is placed far behind the Examiner during this process of promotion. As a result, the Inspector of Central Excise & Land Customs of same year becomes junior even by 20 years to the Inspector (Examiner) despite of being recruited to same cadre through one & the same recruitment examination in one & the same organization of CBEC of one & the same Department of Revenue under one & the same Ministry of Finance. As a consequence, the officers joining as Inspector in 1975 is still waiting to enter into group ‘A’ while the Examiner of 1992 or even later has already entered into the same. It is also well pertinent to mention that the former category of officers is performing more bulk of Customs work under the Central Excise formations than the later one. This very well depicts that the former category of officers is more expert than the later one not only in Customs work but also in the work of Central Excise & Service Tax whereas later one has no work experience on account of no exposure to any work relating to Central Excise & Service Tax. Due to the faulty recruitments rules & discriminatory promotional policy, the officers belonging to Central Excise & Land Customs are forced to work under their extreme juniors of Customs (Examiners and Appraisers). 
4. The stagnation being faced by the Central Excise executive officers has very well been admitted by the CBEC in the Board meetings of 12.01.11 & 18.02.11 alongwith admitting-
i) that the Central Excise executive officers are retiring with single promotion in their service span of 35 years while the Examiners of Customs are reaching the level of Additional Commissioner.
ii) that the1992 batch Examiner while 1975 batch Inspector only has been promoted to the post of Asstt. Commissioner.
iii) that the Central Excise executive officers are retiring even without second promotion due to the gap of 17 to 18 years between the Inspector and Examiner in entering group ‘A’ and
iv) the requirement of giving equal opportunity for promotion to group ‘A’ to these officers.  
5. The mere simple merger or preparation of unified seniority list will never undo the above said disparities & discrimination. These disparities can only be removed by bringing all the Inspectors, Preventive officers and Examiners of same year to the same level of promotion as also admitted by the CBEC on 18.01.11 during the presentation on cadre restructuring saying that the matter is already under examination. The counting of combined length of service or implementation of base cadre seniority for promotion to group ‘A’ has also already been rejected in the Board meeting of 12.01.11. Thus, the merger of above 3 categories is of no use until batch to batch parity in promotions is not brought for the officers belonging to above 3 categories of Inspector.
6. This parity is very well possible by adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, direct promotion to higher post/s or any other specific measure/s and re-framing the RR’s in consonance of the OM No. AB-14017/61/2008-Estt.(RR) dt.24.03.09 of DOPT (not being followed by CBEC) clearly stipulating the promotion of Inspector completing 12, 17 & 20 years of service to the grade of JC, ADC & Commissioner respectively and so on. The validity of this OM was also admitted by the CBEC during the presentation of 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. As far as the problem of the want of required number of vacancies is concerned, it can be solved by creation of the supernumerary posts or even by in-situ promotions (requiring no creation of posts) with the clause of counting the in-situ service for further promotions. Regarding the time bound promotions, the CBEC itself recommended for the grant of time scales after every 7 years to the 6th CPC for our executive officers as one of the measures to solve the problem which may kindly be utilised now as per own recommendations of CBEC. Accordingly, it is requested that the new RR’s may kindly be framed prescribing qualifying service as follows based on the above mentioned OM of DOPT after unifying all of 3 categories into single stream (without trifurcating the single cadre) at group ‘B’ non-gazetted (Inspector) as well as group ‘B’ gazetted (Superintendent) level–
(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/- 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.).
(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.
7. In addition to the above qualifying services and keeping in view the acute stagnation of the Central Excise executive officers, there should kindly be incorporated the permanent provisions  in the recruitment rules  at every  level to promote the officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of qualifying service. Such provisions may be created based on the precedent of promoting all the Section Officers (analogous to our Superintendent) of CSS to the post of Under Secretary (analogous to our Deputy Commissioner) after completion of one & half times of qualifying service some years ago in 1999. This will not only remove the regional disparities but also grant the opportunity to our officers to reach higher levels like their common entry counterparts.
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.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. 78/D/14                                                                          Dt. 15.04.14
To,
The Chairman,
UPSC, Dholpur House,
New Delhi.
Sub: DPC against the posts created under cadre restructuring of CBEC.
Sir,
            It is submitted with due regards that 2118 temporary and 300 regular posts of Asstt. Commissioner have been created as per the cadre restructuring notification dt. 18.12.13 of Central Board of Excise & Customs (CBEC). The said temporary posts have been created particularly keeping in view the extraordinarily acute stagnation of Central Excise Superintendents who are regularly retiring at a PB2 post only with single promotion in the career after entry into the job as Inspector while their counterparts are easily entering into PB4. Only 1% of our officers are able to get rare of the rarest IInd promotion in the career after entry into the job at the level of Inspector out of the existing combined strength of around thirty three thousand officers in addition to around ten thousand strength created in cadre restructuring.
            2. The process of preparing the proposal for promotion to above posts of Asstt. Commissioner was started sometimes in August/September, 13 in anticipation by the HRD of CBEC by issuing the relevant circular to the field formations. But very unfortunately, the CBEC still doesn’t seem in the position to send the proposal to UPSC for DPC even after expiry of around 4 months of the cadre restructuring notification perhaps due to non-serious approach adopted by the various authorities resulting into monthly retirement of around 80 of our officers on an average without further promotion.
            3. As all of we know that the UPSC is a Constitutional body bearing its own Constitutional powers particularly in regard of the measures to be taken for career prospects & promotion mechanism of group A & B gazetted officers. On account of your goodself bearing a Constitutional post, our members are looking towards you for the rescue at the fag end of their career. Your goodself seems the ultimate hope for their salvage.
            4. In view of the above, you are very much requested to use your kind influence with the CBEC to do the needful in the matter despite of the fact that the role of the UPSC starts only after the receipt of the due proposal for DPC from the concerned organisation/department. Even a little use of your kind influence will be of great help to our sinking cadre of Central Excise Superintendent and our officers will be ever grateful to your goodself.
Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.