ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:
Address for communication:
Secretary General:
R. Chandramouli 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Vice Presidents: P.
Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi (North); N.
Raman, G. Srinath (South); B. K. Sinha, Ashwini Majhi (East); Rajesh Chaher, J.
D. Patil (West) Joint
Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, Ashish
Vajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S.
Bhattachariya (East); Jasram Meena, M. K. Mishra (West) Office Secretary: C. S. Sharma
Treasurer: N. R. Manda Liaison Secretary: A. S. Kundu Coordinator on Telangana: P. Shravan
Kumar
(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. 223/RR/14
Dt. 18.12.14
To,
Sh. K. Srivastava,
The Chairman, CBEC,
North Block, New Delhi.
Sub:
Draft amendments in the IRS (C&CE) Group ‘A’ Rules, 2012.
Sir,
Kindly refer to
the CBEC letter F. No. A12018/3/2014-AdII dt.0 8.12.14 on the above
subject.
2. It is submitted with due
regards that the draft rules have been
prepared by the drafter in totally unreasoned manner and are noway acceptable
to the Association. Besides the draft RRs being unreasoned, the exercise of
drafting the RRs has been done in extraordinarily delayed manner after the
notification of the cadre restructuring on 18.12.13. This exercise should have
been done immediately after the notification without any delay to affect the
timely promotions of the officers. No need to say that the process would be
delayed further on account of the RRs still to be approved by the nodal
departments which will also further delay the promotions of the concerned
officers accordingly. It is worth to mention that the CBEC is already behind by
two modal years (2014-15 & 2015-16) in the matter of DPC for the post of
Asstt. Commissioner despite of the DOPT provisions to fix the responsibility of
the concerned hands responsible for the delay. Even the DPC for the year
2013-14 has been conducted in an incomplete manner as more than 200 vacancies
still remain unfilled. This all is indicative of the grossly non-serious
attitude of the concerned hands in the matter.
3. Very
unfortunately, the temporary post of Asstt. Commissioner has been placed in the
lower grade below the regular post of the same category in the draft RRs
despite of no such approval being made by the Cabinet or any other concerned
authority/nodal department. In the existing IRS RR’s also, there has been shown no difference between the
regular and temporary posts. Definition of post
include temporary as well as regular without any discrimination in the existing
rules. All posts of Asstt. Commissioner, whether temporary or regular, have
been created on the basis of the functional requirement of the CBEC without any
differentiation between their function, job or work responsibilities. There is also no difference between the pay scale or
classification of the temporary & regular posts. Both have been placed in
the same pay band & grade pay and also classified as Group ‘A’ JTS without
any clause of subordination. Same procedure has been adopted to conduct the DPC
for promotion to both from the common Group ‘B’ gazetted post. Hence, two
grades can noway be created by bifurcating the
same post whether it is termed as regular or temporary. The
Central Excise Act, 1944 or Customs Act, 1962 or Finance Act, 1994 also makes
no distinction between the temporary and regular posts of Asst. Commissioner.
So, there should be same common provisions for these temporary as well as
regular posts for all purposes.
4. It is further submitted that 300 regular as
well as 2118 temporary posts of Asstt. Commissioner were created in the same
pay scale having similar job profile without any clause of subordination to
temporary ones in comparison to regular ones. Para 7 under the heading ‘Duty
Posts and Reserves’ of the Cadre Review
of Group ‘A’ Central Services Monograph also says that the regular duty posts
consist of both permanent as well as temporary posts. So, the temporary posts
cannot be degraded as Grade-IX below Grade-VIII. Instead, these are also to be
necessarily categorized as Grade –VIII. It is also pertinent to submit that
temporary posts in different Group ‘A’ levels have always being existed as
detailed below-
|
As per vacancy
brochure dated
|
ADC
|
DC
|
AC
|
|
01.01.2007
|
|
-
|
36
|
|
01.01.2008
|
|
63
|
33
|
|
01.01.2009
|
|
144
|
37
|
|
01.01.2010
|
|
206
|
63
|
|
01.01.2011
|
|
206
|
82
|
|
01.01.2012
|
1
|
206
|
46
|
|
01.01.2013
|
|
206
|
42
|
|
01.01.2014
|
1
|
206
|
41
|
But the temporary posts have
never been categorized below regular posts at any level. The phrase ‘the grade
IX’ has now been created by the drafter merely to discriminate our officers and
required to be deleted immediately.
5. Para 7 to
Cadre Restructuring notification dt. 18.12.13 provides 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". Whereas
contrary to the Cabinet approval, the draft Recruitment Rules vide para 4
(3) provide that "these temporary posts shall be in existence upto
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". It means that the CBEC wants to revert back
all the officers working on the temporary post of Asstt. Commissioner to the
post of Superintendent contrary to the Cabinet approval. This mindset of the
drafter to limit the promotional avenues of our officers only to the post of
Superintendent is very damaging and discriminating. It is also surprising that
the drafter is treating himself above the Union Cabinet. Due rectifications are
required to be made in the RRs accordingly.
6. Para 4(2) to
draft RRs provides that "on and from the date of commencement of these
rules, the authorised 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 on the work
load".
7.
The Union Cabinet granted relaxation from the extant IRS (C&CE) Recruitment
Rules, 2012 vide Para 9.3 of the Cabinet Note for filling up 2118 temporary
posts of Asstt. Commissioner by promotion for five years from the date of
implementation of the Cadre Restructuring. Hon’ble Finance Minister also, vide
his note dt. 10.05.14 in F. No. 8/B/45/HRD (HRM)/2010 (Part-II) while approving
the implementation of cadre restructuring, approved that the period of 5 years
would be counted from the date of the implementation of cadre restructuring. In
this regard, it is worth to mention that the complete implementation of cadre
restructuring is still awaited as many hundred of the promotions in r/o the
cadre restructuring are still pending. In fact, the reorganized field
formations also became operational only w.e.f. 15.10.14. Hence, the 2118
temporary posts of Asstt. Commissioner should remain operational at least till
5 years from the date of the complete implementation of the cadre restructuring
and no need to say that this date would be very well beyond 15.10.19 (instead
of 17.12.18 as proposed in draft RRs) after the promotions being affected on
all of the cadre restructuring posts subject to the review of the functional
requirement of these temporary posts on that date on temporary or regular basis
and such posts being relinquished by
the existing incumbents only by way of promotion or transfer or retirement or
resignation.
8. It
appears from the draft RRs that the officers working on the temporary posts of
Asstt. Commissioner would not be eligible for regularization against regular
posts and instead, the officers yet to be promoted to temporary or regular
posts of Asstt. Commissioner and still working in Group ‘B’ Gazetted executive
grades would be eligible for promotion against regular posts of Asstt.
Commissioner by superseding the officers already working as Assistant
Commissioners on temporary posts. We have not to forget that these officers
already working on the temporary posts of Asstt. Commissioner are the permanent
employees of the Govt. instead of being temporary. Only posts are temporary but
officers holding these posts are regular after working as executive officers
around for 30 years or more. Hence, fifty percent of the vacancies in the
permanent strength of regular Asstt. Commissioner have to be filled up by regularizing
the officers serving on the temporary posts and they shall be eligible for further promotions as per the recruitment rules
duly counting their service as temporary Asstt. Commissioner. No need to
submit that even the stipendiary training period is counted for the purpose of
regular service as per the various legal verdicts including the verdicts given
by the Supreme Court. Thus, non-consideration of the aspect of future
promotions to the officers working on the temporary posts of Assistant Commissioner
is a serious flaw in the rules and totally discriminatory.
9. Actually, the direct promotion to the regular post of
Deputy Commissioner should be made on the basis of the length of service in
Group ‘B’ executive grade by converting all of the temporary posts and at least
90% of the regular posts of Asstt. Commissioner into the Deputy Commissioner
and also adding sufficiently more posts to these keeping in view the
extraordinarily acute stagnation of our officers. These officers should further
directly be promoted to the post of Addl. Commissioner on the pattern of CPWD
where direct Group ‘A’ entry is also into JTS level like our organisation but
Group ‘B’ gazetted officers are promoted to the post bearing a grade pay of Rs.
6600/- and further to a post bearing a grade pay of Rs. 8700/-. This has been
done in CPWD because of no functional difference being between the posts with
the grade pay of Rs. 5400/- & Rs. 6600/- and also Rs. 7600/- & Rs.
8700/-. Thus, the same pattern is also required to be adopted for our
officers.
10. It is a fact on record that the most of Group ‘B’ gazetted
officers in the Central as well as State governments are being
promoted directly to a STS post including CSS, CPWD, Railway Board,
CSSS, AFHQ, Rajya Sabha Secretariat, Forest services, Police services, Foreign
Services, Engineering services, State services etc. whereas the Central Excise
Group ‘B’ gazetted executive officers are being promoted merely to
a JTS post. As in the case of other Group ‘B’ gazetted officers and
also CSS officers working in CBEC too, our officers should also be granted
promotion directly to a STS post to maintain parity. Besides direct promotion
to STS post, Central Excise Gazetted Group ‘B’ executive officers should also
be given benefit of seniority weightage at the time of entry into group ‘A’
like many other categories. For example, the officers of Provincial Services in
Southern States enter into IAS on a STS post within 8 years with 4 years of
seniority benefit. The rationale behind such a provision of weightage and
direct promotion to STS is based on the fact of the promotee officers having
gained rich job experience while working at group ‘B’ post as compared to
direct recruit new entry group ‘A’ officers. Before Indian Customs &
Central Excise Service Group ‘A’ Rules, 1987 coming into existence also, the
group ‘B’ gazetted executive officers in CBEC were allowed five increments in
the group ‘A’ pay scale on promotion to JTS since senior time scale was not
available at that time.
11. The 6th Central Pay Commission also
recommended to maintain the parity between the Headquarters Organisations and
the field offices vide chapter 3.1. The High Power Committee had also
recommended that the Section Officers of CSS are comparable with the post of
Superintendent of Central Excise. It is also clearly mentioned in Note Sheet of
the Department of Expenditure vide para-12 of F. No. 62/2/2001-IC supplied vide
letter No. 3(123)/2008-RTI Dt. 25.08.08 that the posts in CBEC in the
grade of Rs. 6500-10500/- are like DANICS/DANIPS and CSS. So as an instant
measure, the Central Excise Group-B gazetted executive officers completing 1½
of times of qualifying service should also be promoted to STS post as it
was done in CSS during 1999.
12. A note under Rule 5(3)(b) in the draft
RRs provides that - "For the purpose of making promotion from Group ‘B’ to
Group ‘A’ from the officers mentioned in sub-rule (3)(a)(i),
a combined eligibility list of Superintendents of Central Excise
and District Opium Officers or Superintendents in Narcotics department shall be
prepared with reference to the date of completion of the prescribed qualifying
service by officers in the respective grade or post. However, vide para 5(4) an
arbitrary ratio of 13:2:1 has been prescribed for
the feeder categories. As DOPT guidelines do not suggest the fixation
of ratio on account of regular promotional posts being too less and also
belonging to one & the same organisation, it is submitted that there should
be the provisions for preparation of common seniority of all
the feeder categories instead of fixation of ratio to grant
promotions. Two different principles can’t be prescribed to grant
promotions in the same recruitment rules.
13. Article
309 of the Constitution of India is primarily designed to get fairness &
equity in recruitment, promotions & other service related matters. Yet
the Superintendents of Central Excise are getting just one promotion in the
career unlike the other counterparts. Though the Preventive Officers of
Customs, Central Excise Inspectors and Examiners of Customs are recruited
through the same common all India combined competitive examination against same
eligibility conditions for the same cadre of Inspector in the same organisation
as well as department with same nature of job jn the same administrative
hierarchy under the same Ministry of Finance but the officers recruited as
Central Excise Inspectors are compelled to work under the junior officers
recruited as Examiners of Customs despite of promotions being made as mere
simple on non-selection basis instead of selection basis. The discrimination to
the Central Excise executive officers is well evident from the fact that the
Inspector of Central Excise of 1982 batch has not yet been promoted whereas the
Preventive Officer of 1991 batch as well as Examiner of 1998 batch has
been promoted to Group ‘A’. While the Examiners of 1984 batch are at present
Joint Commissioner, the 1975 batch Inspectors of Central Excise are merely
Asst. Commissioner. This situation should be rectified by making the just,
impartial, fair & equitable RRs.
14. Your kind attention is also invited to the minutes drawn against point
No. 2 (relating to the framing of RRs to grant parity in promotions with
interdepartmental counterparts and enter our officers into PB4 too) of the
meeting held under the Chairpersonship of the then Member (P&V) on 31.01.13
issued vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC. It has very clearly been mentioned in the minutes that the
work of framing new RRs is going on and its progress is being monitored very
closely on regular basis.
Further, it has been mentioned that the RRs as per DOPT guidelines would be
finalized soon. Thus, the new RRs should have been drafted by prescribing the
residency periods in accordance of the DOPT OM issued vide No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 for the sake
of parity but, very unfortunately,
nothing has been done to frame the RRs granting our officers parity with other
counterparts and the officers are feeling cheated as the promise made in the
above said minutes has not been fulfilled by the CBEC. Draft on RRs for the sake of parity & equity based on the above
mentioned DOPT OM have already been submitted by the Association to the
administration on various occasions but no heed has been paid to the same.
Neither just & fair RRs have been framed as per the verdict given by the
Supreme Court in the W. P. (C) No. 385/11 nor draft RRs submitted by the
Association have been considered.
14. Therefore, it is requested-
i) To frame the
recruitment rules not only to maintain the base grade parity but also parity
with other better placed interdepartmental counterparts in promotions to enable
all of our officers also entered into PB4. If base grade parity or parity with
the interdepartmental counterparts cannot be maintained for the time being,
recruitment rules may kindly at least be framed to maintain feeder grade parity
as a first step duly abolishing the ratio system fixed for promotions.
ii) To make the
direct recruitment in IRS maximum by 10% keeping in view the extraordinarily
acute stagnation in the grade of Superintendent of Central Excise. It will
also take care of the stature of direct IRS.
iii) To place
the temporary posts with the regular posts in the same Grade.
iv) Not to
revert back any officer after completion of five years contrary to the Cabinet
approval as the temporary posts are to
be relinquished by the existing incumbents only by way of promotion or transfer
or retirement or resignation.
v) To review the functional requirement of
temporary posts after 5 years or earlier.
vi)
To count the period of 5 years from the date of the complete implementation of
the cadre restructuring after the promotions being affected on all of the posts
created in the cadre restructuring.
vii)
To count the service rendered on the temporary post of Asstt. Commissioner for
further promotions and various other purposes.
viii)
To promote our officers directly to
the post bearing a grade pay of Rs. 6600/- and further to a post bearing a
grade pay of Rs. 8700/- because of no functional difference being between the
posts with the grade pay of Rs. 5400/- & Rs. 6600/- and also Rs. 7600/-
& Rs. 8700/-
ix) To grant due weightage of seniority to our officers in Group ‘A’ at
the time of entry into the said group.
x) To promote the
Central Excise Group ‘B’ gazetted executive officers completing 1½ of times of
qualifying service to the STS post as was done in CSS during 1999 as an
instant measure.
xi) To promote the officers to Group ‘A’ on the basis
of the combined eligibility list of the officers belonging to all of three
grades as per the length of service rendered by them.
xii) To conduct the timely DPC for promotions as
prescribed by the DOPT. No DPC may kindly be delayed on account of the delay in
the finalisation/approval of the RRs.
15. It is also
requested that the Association may kindly be given an opportunity to
present the case in person further
allowing it to add, alter, amend or delete any submission in the
interest of the members.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
The
Revenue Secretary, North Block, New Delhi.
(RAVI MALIK)
