ONCE MORE A VERY HAPPY, PROSPEROUS & SPECIAL NEW YEAR TO ALL MEMBERS & OFFICE BEARERS ALONGWITH FAMILIES
Ravi Malik
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Wednesday, 31 December 2014
Tuesday, 30 December 2014
AIACEGEO WISHES 2015 IS A YEAR OF HAPPINESS AND SUCCESS!
ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS.
WISH YOU ALL A VERY SPECIAL AND PROSPEROUS COMING NEW YEAR 2015.
INDIAN REVENUE SERVICE (C&CE) PROMOTEE OFFICERS' ASSOCIATION.
Monday, 29 December 2014
Declaration of assets by Public Servants under Lokpal: Removal of Difficulties Order Notification by DoPT
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
ORDER
New Delhi, the 26th December, 2014
S.O. 3272(E).- Whereas the Central Government, in exercise of the powers conferred by sub-section (1) of
section 62 of the Lokpal and Lokayuktas Act, 2013 (1 of 2014) (hereinafter referred to as the said Act), made the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 (hereinafter referred to as the said Order) with effect from the 15th February. 2014 for the purpose of carrying out modifications and amendments in all existing rules regulating the filing of property returns and making of declaration of assets by public servants so as to bring them in conformity with the provisions of the said Act. within a period not exceeding one hundred and eighty days from the date on which the provisions of the Lokpal and Lokayuktas Act, 2013 came into force, i.e., the 16th January, 2014;
And whereas, the central Government initiated the process of modifications and amendments of all existing rules dealing with the subject matter of filing of annual returns and making of declaration of assets by public servants in consultation with various authorities, such as, the Comptroller and Auditor General of India, the Election Commission, the Lok Sabha Secretariat, the Rajya Sabha Secretariat, the Ministry of Law and Justice (Department of Legal Affairs and Legislative Department), the Department of Financial Services, the Department of Public Enterprises and the State Governments;
And whereas, the comments and suggestions received from above said authorities had been under consideration of the Central Government and the completion of the procedure of finalising the rules under the said Act was likely to take some more time and the process of harmonisation of the existing rules with the provisions of the said Act and the rules made thereunder was taking time beyond the period notified under the said Order, and, therefore, the Central Government amended the said Order on 14th July, 2014, extending the said period of one hundred and eighty days to a period of two hundred and seventy days;
And whereas, the Central Government, after consulting the Ministries/Departments. including the Department of Financial Services, the Department of Public Enterprises, the Ministry of Law and Justice and the office of the Comptroller and Auditor General of India, made the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Rules, 2014 (hereinafter referred to as the said rules), in exercise of the powers conferred by sub-section (1) read with clause (k) and clause (l) of sub-section (2) of section 59 read with section 44 and section 45 of the Lokpal and Lokayuktas Act, 2013, and notified the said rules on 14th July, 2014, prescribing therein the forms in which information and annual returns are to be filed by every public servant;
And whereas, the Central Government forwarded the Copies of the notification containing the said rules to all Ministries and Departments of the Central Government requesting them to take the follow-up action in terms of the said rules. and for ensuring compliance with the said rules by all officers and staff in the respective Ministries, Departments and organisations and public sector undertakings under their control;
And whereas. the Central Government also forwarded the copies of the notification containing the said rules to the Chief Secretaries of all State Governments and Union territories, requesting them to take the follow-up action in terms of the said rules requiring all officers of the All India Services working in connection with the affairs of the State Governments and the officers and staff working in various organisations and public sector undertakings under their control so as to ensure due compliance with the said rules by all of them;
And whereas, concerns and apprehensions were raised by some Ministries and Departments, Organisations and individuals about the posting of every information provided by the public servant on public domain and the complexities involved in posting such details in the prescribed formats and also about exacerbation of vulnerabilities of the public servants after filing such details. specifically of movable property and their publication on the websites of respective Ministries and Departments giving rise to the apprehension of the safety and security of the members particularly children of the public servant;
And whereas, keeping in view the genuine concerns and apprehensions aforesaid, the Central Government constituted a Committee on 28th August, 2014 to simplify the forms and the process in which public servants shall make declaration of assets and liabilities as required under the said Act and the rules made thereunder and the Committee was required to examine the forms prescribed under the said rules and suggest changes therein as may be considered necessary within a period of forty-five days;
And whereas, the exercise of reviewing the existing rules relating to various services and posts with the provisions of the said Act and the rules made thereunder, the process of completion of follow-up action by various Ministries and Departments of the Central Government and the State Governments and the exercise of simplification of forms and the process in which public servants shall make declarations of assets and liabilities, was likely to take time beyond the period of two hundred and seventy days as specified in the said Order (as amended by the Order, dated 14th July, 2014), it had become necessary to extend the said period of two hundred and seventy days and, accordingly, the Central Government amended the said Order on 8th September, 2014. extending the said period of two hundred and seventy days to a period of three hundred and sixty days for the purposes of section 44 of the said Act;
And whereas, the Committee constituted by the Central Government on 28th August, 2014 to simplify the farms and the process in which public servants shall make declaration of assets and liabilities as required under the said Act and the rules made thereunder, submitted its first Report to the Government on 1st October, 2014, wherein the Committee suggested simplification of form prescribed for submission of statement regarding movable assets and the form prescribed for submission of statement regarding debts and liabilities by public servants, under the aforesaid rules;
And whereas, the processing of necessary amendments to the aforesaid rules so as to incorporate the revised forms for filing statement regarding movable properties and the statement regarding debts and liabilities and the circulation of the revised formats, after their due notification in the Official Gazette, to all Ministries and Departments of the Central Government and the Chief Secretaries of all State Governments and Union territory administrations and the further process of follow-up action in terms of the said rules requiring all officers of the All India Services working in a connection with the affairs of the State Governments and the Offices and Staff working in various Organisations and Public Sector Undertakings under their control so as to ensure due compliance with the revised rules by all of them, is a time consuming process and as such the said process cannot be completed within the limit of three hundred and sixty days as contemplated in the principal order as amended by the order dated 8th September, 2014;
And whereas, Central Government has decided to amend the Lokpal and Lokayuktas Act, 2013, to address various deficiencies noticed in the said Act and, in that context, a need has also been felt to amend the provisions of section 44 of the said Act so as to harmonise the provisions of the said section with the relevant provisions of the Representation of the People Act, 1951 and rules framed thereunder, the All India Services Act, 1951 and rules framed thereunder, the rules framed by the Central Government in pursuance of article 148 and article 309 of the Constitution and also various statutes setting up autonomous bodies and Public Sector Undertakings and the rules framed thereunder;
And whereas, the introduction of a Bill to amend the Lokpal and Lokayuktas Act, 2013, and its passing by Parliament and enforcement is also likely to take time; and hence it has become necessary to extend the said period of three hundred and sixty days to a period of eighteen months and the Central Government has accordingly decided to extend the period to complete this process;
New. therefore, in exercise of the powers conferred by sub-section (1) of section 62 of the Lokpal and Lokayuktas Act, 2013 (l of 2014). the Central Government hereby makes the following amendment further to amend the Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014, namely-
In the said Order, in paragraph 2, in sub-paragraph (1), for the words “within a period not exceeding three hundred and sixty days”, the words “within a period not exceeding eighteen months” shall be substituted.
[R No. 407/ 12/2014-AVD-1V(B) l]
JlSHNU BARUA, Jt. Secy.
Note : The Lokpal and Lokayuktas (Removal of Difficulties) Order, 2014 was published in the Gazette of India Extraordinary, vide notification number 8.0. 409(E), dated 15th February, 2014 and amended by Order, dated 14th July, 2014 published vide notification number 8.0. 1840(E) dated lSth July, 2014; and by Order dated 8th September. 2014 published vide notification number 8.0. 225605) dated 81h September, 2014.
Sunday, 28 December 2014
Redressal of grievances of Promotee Officers-
- All the promote IRS officers promoted from the cadre of Superintendent of Central Excise are at present members of AIACEGEO, hence all the problems related to such Gr-A members are to be tackled by AIACEGEO. It has been decided that copies of representations if any of IRS(C&CE) Promotee Officers’ Association are to be sent to AIACEGEO for submission of representations on similar lines and persuasion for redressal of grievances. At present the office bearers of AIACEGEO after promotion will be continued till the completion of the tenure and if they want to contest in the next election, they can contest for any posts except to the posts of General Secretary/ Secretary General ( Chief Executive Posts)
On Tuesday, 23 December 2014 3:02 PM, AJITH KUMAR Purathanayil <ajipurathanayil@gmail.com> wrote:
Dear Ravi,
The 35th annual general body meeting of the kerala unit was held at kochi on 16th and 17th December 2014.the following officers were elected as office bearers for the next two years.
President--------- Ajithkumar.P.C.
Vice presdt------R. Vaidyanathan.
Gen Secy-------- Somasekharapillai. J.
Secretary 1) K.G.Santhoshkumar.
2) T.R.V.Prabhu.
3) BijuMathew.
4) Narayanan P.V.
Treasurer------Joseymathew.
with regards,
Ajith .
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To,
The Commissioner,
Guntur/CPC/Nellore/Audit
Visakhapatnam Zone.
Sir,
Sub: Declaration of Election Result – Reg.
The General Body meeting of the AIACEGEO, Guntur
Branch, Guntur was held on 20.12.2014 under the supervision of Secretary
General himself along with reception Committee under the chairmanship
of Shri T.Vivekananda, P.V.Jai Kiran, V.Sachidananda Kumar, at Vijayawada
Club, Vijayawada. The election was conducted for the Circle of Guntur
comprising of Guntur, CPC-Vijayawada, Nellore Commissionerates and Audit
Circles of Guntur and Nellore.
2. The un-opposed elected body is as follows:
Sl.No.
|
Name of the office Bearer
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Designation
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Post held for
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1
|
G.V.B.G.Tilak |
President
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Guntur Circle
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2.
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M.Nagaraju |
General Secretary
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Guntur Circle
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3.
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M.Sreeharsha
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Treasurer
|
Guntur Circle
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4.
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S.Rajyalakshmi
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Vice President-3
|
Guntur Comm.
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5.
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P.V.Satyanarayana
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Joint Secretary-1
|
Guntur Comm.
|
6.
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A.Revanth
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Joint Secretary-2
|
Guntur Comm.
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7.
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G.Jaya Prakash
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JCM Member
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Guntur Comm.
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8.
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K.Yugandharkumar
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Vice President – 1
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CPC, Vijayawada
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9.
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K.V.Appalacharyulu
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Vice President – 2
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CPC, Vijayawada
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10.
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TVGK Murthy
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Joint Secretary
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CPC, Vijayawada
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N.Srinivas
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JCM Member
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CPC, Vijayawada
| |
12.
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B.Chandra Mohan
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Vice President-4
|
Nellore Comm.
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13.
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P.Ajay Kumar
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Joint Secretary-4
|
Nellore Comm.
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14.
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Sk. Mastan
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JCM Member
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Nellore Comm.
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15.
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P.Asha
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Vice President-5
|
Audit(GNT&NLR)
|
16.
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A.Bhanumathi
|
Joint Secretary-5
|
Audit(GNT&NLR)
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Yours faithfully
(RAVI MALIK)
SECRETARY
GENERAL – AIACEGEO
Copy submitted to the Chief Commissioner, Visakhapatnam/
Hyderabad Zone,
Copy to the Individuals,
Copy to all the Divisional Heads for information.
Saturday, 27 December 2014
Will the National Council JCM get revived again?
The Joint Consultative Machinery has always been a bridge between the Centre and its employees. The National Council JCM Secretary has written a letter to the Centre to conduct the NC-JCM meeting, which hasn’t been held in the past four years. Some of the important points mentioned in the letter are given below:
“It may be appreciated the Joint Consultative Machinery(JCM) at the National level, conceived as an effective Negotiating Forum, has virtually become defunct as no meeting of this forum has been held during the last four years, with the result that, a number of major grievances of the Central Government employees continue to remain unresolved, because of which they are badly agitated.
The demands raised by the Staff Side for grant of Interim Relief and Merger of DA with Pay have been refused by the government.
The constituents of the National Council(JCM)(Staff Side) had to hold a “National Convention” on 11th December, 2014 in New Delhi. A copy of the Declaration of the above-mentioned Convention is enclosed herewith.
I request you to personally intervene in the matter, being the Chairman of the National Council(JCM), so as to avoid serious unrest and disturbance to industrial peace in the Central Government Services and hold discussions with the Staff Side, NC/JCM on these vital issues at your earliest”.
Friday, 26 December 2014
Thursday, 25 December 2014
Not Reducing Retirement Age, Says Finance Minister Arun Jaitley – NDTV NEWS
The following news item on retirement age is published in www.ndtv.com..
” … The Narendra Modi government had to field its crisis managers on Thursday to end what it called a “strong misinformation campaign,” which it feared could hurt the ruling BJP’s electoral interests in the Delhi elections due soon.
The trouble was caused by a WhatsApp message that was being circulated fast and furious. It purported to reproduce a government reply in Parliament on whether it was planning to lower the retirement age of central government employees from 60 to 58 years.
The message alleged that the government had said in the Rajya Sabha that it would be tabling a bill proposing a cut in the retirement age in the Budget Session in March 2015.
Three ministers issued strong denials in quick succession, even as the government ordered an investigation into the origins of the message. Finance minister Arun Jaitley told NDTV, “These are all baseless rumours and there is no question of altering the retirement age of central government employees. It is 60 years and will remain 60.”
Parliamentary Affairs Minister M Venkaiah Naidu and Minister of State for Personnel Jitendra Singh too denied any such proposal.
A study of the message circulated on WhatsApp confirmed that someone has altered the question posed by a Rajya Sabha MP on December 11 and the minister’s reply, meticulously keeping the format of a written reply in Parliament intact.
To ensure a quick burial for what could have burgeoned into a major headache for the government, the department of personnel and training also posted the government’s actual reply online and issued a press release to say that there was no proposal to lower the retirement age.
Last date for Declaration of Assets extended up to 30th April 2015
No. 407/12/2014-AVD-IV(B)
Bharat Sarkar / Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Bharat Sarkar / Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi, the 25th December, 2014
Office Memorandum
Subject: Declaration of Assets and Liabilities by Public Sevants under Section 44 of the Lokpal and Lokayuktas Act, 2013 – Extension of last date for filling revised returns by public servants who have filed property returns under the existing service rules – regarding
The undersigned is directed to refer to this Department’s D.O letter of even No. dated 8th September 2014 regarding the furnishing of information relating to assets and liabilities by public servants under section 44 of Lokpal and Lokayuktas Act, 2014 and forwarding therewith copies of the Central Government’s Notification dated 8th September, 2014 containing
(a) amendment to the Lokpal & Lokayuktas (Removal of Difficulties) Order, 2014, for the purpose of extending the time limit for carrying out necessary changes in the relevant rules relating to different services from “two hundred and seventy days” to “three hundred and sixty days” from the date on which the Act came into force, i.e., 16th January, 2014 and
(b) the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in filing Returns) Amendment Rules, 2014, extending the time limit for filing for revised returns by all public servants from 15th September, 2014 to 31st December 2014.
2. In this regard, the undersigned is directed to convey that the last date for filing of revised returns by public servants under the rules indicated in para 1 (b) above has been extended by a period of four months, i.e., from 31st December 2014 to 30th April 2015. Formal Amendments to the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the limits of Exemption of Assets in Filing Returns) Rules, 2014 and to the Lokpal & Lokayuktas (Removal of Difficulties) Order, 2014 are being notified separately. The formats for submission of statements regarding movable properties (Form II) and for submission of statements regarding debts and liabilities (Form-IV) under the said rules are also being revised and will be notified as a part of amendments to the aforesaid rules. They will also be uploaded on the website of this Department i.e., http://persmin.nic.in/DOPT.asp.
3. All Ministries / Departments and cadre authorities are requested to kindly issue orders towards ensuring compliance with the revised Rules by all officers and staff in the respective Ministry / Department / Organisations / PSUs under their control, within the revised time-limit mentioned therein
sd/-
(Joint Secretary of Government of India)
(Joint Secretary of Government of India)
Download DOPT OM : Last date for Declaration of Assets extended up to 30th April 2015
Minutes of Central Executive Committee meeting of IRS(C&CE) Promotee Officers' Association held in Mumbai on 21.12-2014
INDIAN REVENUE SERVICE (CUSTOMS & CENTRAL EXCISE) PROMOTEE OFFICERS’ ASSOCIATION
Minutes of Central Executive Committee meeting held in Mumbai on 21.12-2014
The first Central Executive Committee Meeting of the Association was held on 21-12-2014 at NACEN, Mumbai.
The meeting started with the customary lighting of lamp and a mellifluous invocation song Bharat Mata ki Bandana by Smt. V. Kolhatkar of Mumbai, Zone . Following the Bharat Bandana, Smt. V. Kolhatkar, the President of the Mumbai Zone Welcome the delegates and addressed the gathering. Shri. SK Patil Organising Secretary briefed on the formation of New Association and handed over the proceedings of meeting to Secretary General, Shri Lokanath Mishra. The House decided to select Shri A.S.Roy of Kolkata as Working President & requested Shri. A.S. Roy of Kolkata to preside over the meeting as the President, AK Sharma could not make it attend due to cancellation of his flight.
2. The President conducted the proceedings inviting views by all attending delegations & the office bearers as per agenda points. The meeting was attended by the office-bearers of Mumbai Zone/s, Pune Zone, Kolkata Zone, Bhubneshwar Zone, Patna Zone, Ahmadabad Zone & Indore Zone. The representatives of Lucknow Zone, Bangaluru Zone, Kochin Zone, Shillong Zone, Jaipur Zone & Chennai Zone conveyed their support telephonically as most of them could not make it due to cancellation of flights(Spice-jet effect). The Secretary General of AIACEGEO, The President of AIACEGEO, Delhi Unit, The General Secretary of AIACEGEO, Mumbai, Unit, Joint Secretary AIACEGEO(West Zone) , Retired Asst. Commissioners S/Shri K.S. Pandit and N.K. Mishra have also attended the meeting. The President, AIACEGEO could not attend the meeting however he has sent a message for successful of the meeting.
3. As per the agenda points the Secretary General Shri Lokanath Mishra presented the action taken report. He appraised house upon the circumstances that lead to formation of the new Gr-A Association, and elaborated on the actions undertaken by the current ad-hoc Body under his leadership. He explained on the purpose & actions like presentation before the VII Central Pay Commission, Meetings with Political, Administrative & CBEC authorities etc, In his report the Secretary General has stated that” at present the strength of Gr-A officers in CBEC has been increased to near about 5600 nos. 2118 temporary posts have been reserved for promotee officers and revised ratio for promotions is 13.2.1, hence the strength of Gr-A promotee officers after total implementation of Cadre restructuring is to be near about 3500 nos. and out of these 3500 nos. near about 2800 nos. promotee officers are promotee officers of Central Excise cadre .A historical decision was taken in the last Convention of All India Association of Central Excise Gazetted Executive Officers held during 01.11.14 to 02.11.14 at Daman by amending it’s Constitution to include Gr- A promotee Officers promoted from the grade of Superintendent of Central Excise as members of the Association. It was also decided that except to the post of chief executive, other posts of the Association can be occupied by promotee Gr-A officers. As per such Constitutional amendment all cadre’s related problems of Gr-A promotee officers are to be tackled by AIACEGEO like ITGOA. However in certain cases pertaining to Gr-A cadres particularly framing of Transfer and Placement Policy for Gr-A officers, framing of recruitment rules and other welfare measures Board by only consulting IRS ( C&CE) Association, is taking all the decisions. The Constitution of IRS(C&CE) Association does not provide membership to promotee Gr-A Officers. The retired promote Gr-A officers of Central Excise and Customs department are not having any Pensioner’s Forum for redressal of grievances relating to pension and other retirement benefits. Considering all such issue a meeting was held at Daman on 02.11.14 by certain promotee Gr-A officers and it was unanimously decided to form one welfare Association in the name and style –“Indian Revenue Service( Customs and Central Excise) Promotee Officers’ Association”. It was also decided that since this is a welfare Association, Gr-A promotee officers are to be members of both the Associations (i.e. .AIACEGEO and IRS(C&CE) Promotee Officers Association). As decided a blogpost account in the name and style CENGOA.BLOGSPOT.IN has also been opened. It was decided that main aims and objectives of this Association would be : 1. Create awareness for creation of one Federation amongst all recognized and un recognized Associations of field formations of CBEC. 2. Create awareness of oneness amongst all employees of Central Excise, Customs and Service Tax department. 3. Cleanness in offices and proper sitting arrangements with proper infrastructure. 4. Try to solve all pensioner';s problems of IRS ( promotee) officers. 5. Submission of a memorandum before 7th CPC with condonation of delay. 6. Provide all support for the case filed in SC for effective of revised ratio since 1997. 7. Submit representations for implementations of DOPT circulars by CBEC to conduct DPC in time, conducting of CR in time , framing of RRs, decisions on vigilance cases etc. 8. Submit representations to maintain parity in promotions and pay related issues.9. Timely disposal of vigilance cases.10. Continuance of temporary posts further and to allow temporary AC further promotions.11. Provide full support to AIACEGEO for redressal of grievances. It was also decided to form one adhoc committee for the Association.
That the Association has submitted representations to Stagnation Committee ,TARC, FM, MOS/DOPT, MOS/ Revenue, Chairman/ CBEC and 7th CPC for redressal of following grievance points (i) Gr-B Gazetted officers of CBEC may be promoted directly to a senior group ‘A’ post (STS) like many other counterparts of them. (ii)The Gr-A promotee officers of CBEC initially recruited as Gr-B may be granted at least non-functional financial upgradation at par with their counterparts of CSS on batch to batch basis.(iii) The retired IRS( C& CE) promote officers may be allowed to work against vacant JTS/STS posts on contractual basis and these retired officials may be engaged to plead the cases on behalf of the department before different benches of CESTAT and Commissioner ( Appeal).(iv) Necessary action may be initiated for introduction of a Flexible Promotional Scheme on in situ basis to provide time bound promotions to executive officers of CBEC. (v)MACP upgrdations may be granted on promotional hierarchical basis as per the Court decisions (vi) Recent promote Gr-A officers may be provided with proper sitting arrangement with adequate space and infrastructure and a proper transfer and placement policy may be framed for Gr-A promotee officers in consultation with the representatives of our Association.Two more representations have been submitted to Board for framing of recruitment rules to grant promotions to Superintendents of Central Excise directly to STS post and immediate disposal of pending vigilance cases.The 7 CPC allowed personal hearing twice to this Association once at Mumbai and another at Jodhpur. Shri Ravi Malik, Shri S.K. Patil, Shri J.P.Sharma,Shri Bist and Smt. V.Kolhatkar appeared before the 7th CPC at Mumbai on behalf of the Association on 19.11.14 . 7th CPC on principle accepted our submissions to grant promotion directly to the post of Deputy Commissioner. Shri S.K.Pareek, Shri Ravi Malik and Shri P.R. Paliwal have again appeared before 7th CPC on 12.12.14 at Jodhpur on behalf of the Association and urged before 7th CPC to introduce one rank one pension in our department like the department of Defense. This is the only Association , which has been called by the 7 CPC twice for oral evidences. The Secretary DOPT and DG/HRD invited us for discussions on our grievance points, but due to shortage of funds, we could not avail such opportunities for redressal of our grievance points. CBEC vide F.No. A12018/3/2014-AdII dated 8.12.14 circulated one faulty draft amendment in the IRS(C&CE) Gr-A Rules 2012. Our Association has raised objections to such draft amendment and submitted one representation to Chairman , CBEC iteralia stating that:
“After approval of Cadre Restructuring -2013 of CBEC by Cabinet, necessary notification was issued vide F.No. A.11019/08/2013-Ad.IV dated 18.12.13 by CBEC
“It is interalia mentioned in Para 7 of such CBEC F.NoA.11019/08/2013-Ad.IV dated 18.12. 2013 that " Wherever the posts recommended for abolition are filled up at present, such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement, resignation etc". Where as contrary to such Cabinet approval, the draft Recruitment Rules vide para 4 (3) provide that "these temporary posts shall be in existence up to 17.12.18 and the officers promoted to these posts will not be entitled to seek further continuation on these posts beyond the specified period for which the posts have been created" . Para 4(2) to draft recruitment rules provide that "on and from the date of commencement of these rules, the authorized permanent and temporary strength of various grades of service shall be as may be determined by the central government from time to time subject to variation depending on work load". Therefore a specific provision is required to be mentioned in these rules that “continuation of these temporary posts will depend upon the work load and if any posts will be recommended for abolition, the such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement , resignation etc. " .The temporary Asst. Commissioner posts are Gr-A like regular Asst. Commissioner posts, hence there shall be one provision for these posts that involvement of UPSC is not at all required to grant promotions to the grade of Asst. Commissioner, whether regular or Temporary. Consultation of UPSC in DPC to grant promotions to Asst. Commissioner Posts whether regular or temporary is not at all required as such promotions only based on seniority cum fitness and not selection by merit. A note under rule 5(3) (b) provides that - "For the purpose of making promotion from Gr-B to Gr-A from amongst the categories of officers mentioned in sub-rule (3)(a)(i) a combined eligibility list of Supdts. of Central Excise and Distt. Opium Officers or Supdts. in Narcotics department shall be prepared with reference to the date of completion by officers of the prescribed qualifying service in the respective grade or post where as vide para 5(4) it is prescribed for 13.2.1 ratio amongst the feeder categories. DOPT guidelines do not prescribe for fixation of ratio, hence instead of fixation of ratio there should be a provision for preparation of common seniority list amongst all the feeder categories to grant promotions. Board can not prescribe two principles to grant promotions in the same recruitment rules. The determination of such 13.2.1 ratio is totally in correct. The so called ratio has not been determined on the basis of working strength of the 3 feeder categories to provide proportional representations on promotional posts. The Superintendents are required to be promoted directly to the post of Deputy Commissioner. it is required to frame the recruitment rules to maintain base cadre parity in promotions, however if for any reason base cadre parity can not be maintained then at least recruitment rules may be framed to maintain parity in promotions amongst all three feeder categories duly abolishing the system of ratio as fixed for promotions. It has been provided that 50% of regular posts of JTS Grade shall be filled by promotion, as acute stagnation is existed in the grade of Superintendent of Central Excise, this ratio is required to be enhanced to 75% at least”. In our representations we have challenged the RRs duly raising the following points:
1. Merged grade ix with viii.
2. Continuance of temporary posts should be based on determination of strength depending upon work load of the department as well as removal of stagnation etc.
3. If any temporary posts will be determined for abolition, such abolition will be effective on such posts being relinquished by the incumbents by way of promotion, transfer, retirement resignation etc.
4. Promotion should be granted directly to STS post, that mean 75% posts of JTS regular should be upgraded to STS and 75% of total DC posts should be earmarked to grant promotion directly to AC temporary/ or on availability to Gr-B gazette to the DC posts.
5. Abolition of ratio system and introduction of common seniority list of all 3 feeder categories for proportional representation amongst all 3 feeder categories in promotional posts”.
4. The House then deliberated upon various subjects like Name & style of the new Gr-A Association, Functions to be undertaken by the ad-hoc office bearers, Constitution of the new Association etc. The Secretary General has explained that the Association was created hurriedly with the sole objective to submit memorandum before the 7th CPC. At the time of submission of memorandum before the 7th CPC, he was also President of AIACEGEO. Therefore he has submitted the report as Secretary General of a welfare Association and not a service Association, hence he requested to change the name of the Association if required after submission of the report by 7th CPC. The President, after due deliberations, directed the Secretary General to place a proposal relating to the finalisation of Name of the Association & approval of Constitution before the General Body Meeting.
5. The House then deliberated upon the proposed amendments to the IC&CE Gr-A Recruitment Rules by CBEC. The members in the house pointed out many shortcomings in the proposed Draft of these RRs, and expressed dissatisfaction over racial discrimination tried to be inflicted upon by the administrative department. The delegation of Kolkata & Pune come up with suggestions for bringing out correct amendments to ensure just, fair & equitable promotions to the Gr-B officers recruited in Gr-A by way of Promotion based on Hand Book on Recruitment Rules (HBRR) issued by the Nodal Ministry viz:DoPT. The House agreed & authorised committee of Shri. Anindo Roy & Shri. SK Patil to prepare a Draft representation with reference to representations already submitted without changing our stand for base cadre parity or common seniority in feeder categories or change of ratio considering the working strength. The draft so prepared would be sent to Shri B. Chakravarthi the drafting committee Chairman of the Association (who had finalized the earlier draft) for finalization and after such finalization, the same will be submitted to Board on the proposed amendments to RRs.
6. The House took-up the issue of ';Infrastructure & Discrimination-within Gr-A'; issues, as most of the members had shown deep concern on this subject. The House after detailed deliberations, arrived to the conclusion that though their shall be some teething problems in the initial stages of setting up infrastructure in place, it was pointed by attending delegates that there is general feeling of discrimination among the promotee Gr-A executive. The House therefore decided to take up this issue with the authorities and a Committee of Shri. Pramod Savant & A Kulgod was formed to draft representation to be sent by our Association. As regards discrimination, it was decided after due discussions that suitable letter shall be sent to the authorities showing general resentment & mentioning specific incidences, the draft of such representation will also be prepared by such committee.
7. The House specially appreciated the attendance & active participation of the General Secretary of CESA Mumbai Shri. AK Sasmal, All India office bearers of AIACEGEO Shri. R Mallik & Shri CS Sharma, the Gr-A officers from feeder cadre of Supdt Customs(Prev) Shri.Dabral & Shri Dass, and retired Gr-A officer Shri. KS Pandit and Shri N.K. Mishra. Shri A.K.Sasmal appealed to the house to pass resolution condemning the racial attitude tried to import in proposed Gr-A RRs against the promotee Gr-A officers. While addressing the house, Shri. R Mallik appraised the House on the circumstances in which the Gr-B to Gr-A promotion process underwent during Oct 2014 & emphasized need to maintain sustained pressure to achieve the desired goal of ensuring PB-4 pay benefits to all the executive officers joining as an Inspector Central Excise. He also requested the new Association to stay united with the Gr-B executive on the issues of common interest. Shri. Dabral appreciated the efforts of All India leaders of Gr-B Executive as well as of newly formed Gr-A Association, in securing promotional rights of the 2 feeder cadre officers in an historic way. Shri N.K. Mishra retired AC has stated to form a pensioners’ forum for all retired officers of Central Excise and Customs department under the banner of this Association. Shri. KS Pandit appraised the House on the current state of the petition filed by him in individual capacity. He informed the house that recently about 100 more retired officers have joined in his petition lying before the Supreme Court, and requested the Association to join and support his petition by way of filing one IA. The Secretary General appreciated the efforts made by Shri K.S. Pandit in challenging the issue before the Apex Court. The Secretary General has informed that a case in Principal Bench of CAT has been filed by the AIACEGEO duly challenging the RRs to maintain base cadre parity. However the case filed by Shri K.S. Pandit is related to implementation of judgement dated 03.08.11 of Apex Court w.e.f 01.01.97, hence there is no harm in supporting the case filed by Shri K.S Pandit without appealing any thing contrary to the case pending in Principal Bench for base cadre parity. It was also ascertained that in rejoinder, Shri K.S. Pandit has cited the Apex Court decision delivered in Badani’s case , which is related for notional promotion also. After due deliberations, the house resolved and directed the Secretary General to join and support the case filed by Shri K.S. Pandit in Apex Court by way of filing IA without stating any thing before the Apex Court contrary to the case filed in Principal Bench by AIACEGEO to maintain base cadre parity in promotions. The house has requested Shri K.S. Pandit to supply a copy of his petition to the Secretary General for record. The house has also requested the Pune Zone to bear all expenditure on filing of IA by the Secretary General including his TA to meet advocate for finalization of petition and signature on the same etc.
8. It was decided that the present adhoc committee will be continued till the office bearers are being elected in general body meeting after approval of Constitution by the general body. It was also decided to hold the next Central Executive Committee meeting at Kolkata.
9. It was requested to all the Central Executive Committee members to hold a general body meeting in their respective zones to elect zonal office bearers and to form a pensioners’ forum urgently, so that Convention can be held to approve the Constitution and to elect office bearers of the association democratically.
10. Redressal of grievances- All the promote IRS officers promoted from the cadre of Superintendent of Central Excise are at present members of AIACEGEO, hence all the problems related to such Gr-A members are to be tackled by AIACEGEO. It has been decided that copies of representations if any are to be sent to AIACEGEO for submission of representations on similar lines and persuasion for redressal of grievances. At present the office bearers of AIACEGEO after promotion will be continued till the completion of the tenure and if they want to contest in the next election, they can contest for any posts except to the posts of General Secretary/ Secretary General ( Chief Executive Posts) .
11. . The Secretary General, Shri Lokanath Mishra then appealed to the House to motivate general members in their zones and create strong Reserve Funds of the new Gr-A Association. He alerted the house on need to have correct amendments to Gr-A RRs. He asked the Organising Secretary to maintain the Accounts for the Association Funds. On behalf of the Association, he thanked all the delegates, guests and , office bearers in attending the meeting and making the meeting a grand success. He also thanked all the office-bearers of Mumbai Zone for arrangement of meeting in a short time.
9. The meeting ended with vote of thanks on behalf of Mumbai Zone extended by Shri. Garg to all the participants & Delegates.
The following delegates/office bearers/ guests attended the meeting.
36. J.P.SHARMA AC, MUMBAI.
( LOKANATH MISHRA)
SECRETARY GENERAL.
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