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
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. 20/RR/14
Dt. 28.01.14
To,
Sh. B. K. Bansal,
Chairperson,
Committee on Recruitment Rules,
NCH, New
Delhi.
Subject: Recruitment Rules regarding Cadre
Restructuring.
Sir,
Kindly refer to the following communications of the
Association-
i)
Ref.
No. 311/RR/13 Dt. 30.12.13 and
ii)
Ref. No. 12/G/14 Dt. 20.01.14.
2. It is further submitted with due regards that the
Superintendents of Central Excise are forced to work under their juniors of
Customs belonging to the same cadre which is against all the rules, norms &
principles of law as well as natural justice. At
present, we have a ratio of 5:4 between Central Excise stream and Customs
stream officers in group A which is contrary to their numerical strength at
feeder level, the percentage of the Customs stream officers being merely 13% at
group ‘B’ executive level. The Appraisers are merely 2.5% while the Examiners
are only 1.2% of total strength of group ‘B’ executive officers. The
group B Central Excise executive officers (Superintendents & Inspectors)
are facing the worst career prospects and are the most stagnated government
employees. They are retiring on a PB2 post while their common entry
counterparts, whether intra-organisational or intra-departmental or
inter-departmental, are easily attaining & enjoying the PB4 levels after
common entry into PB2. Even the current cadre restructuring will do no good to
these downtrodden employees (also admitted vide minutes of Board meeting dt
12.01.11 that even fresh vacancies likely to arise as a result of
cadre-restructuring, may not be able to resolve the problem) due to the
creation of temporary posts at JTS level and also some drastic clause in it to
limit their promotions within the lowest level.
a) A clause has been laid down in the
notification that the officers promoted against the temporary posts of Asstt.
Commissioner would not be entitled for further promotion. This clause may kindly
be deleted as the extant recruitment rules are to be applied for filling-up of
these temporary posts. The extant recruitment rules are clearly applicable to
the long term temporary and regular posts. There is nothing in the extant rules
that the officers promoted against the temporary posts of the Asstt.
Commissioner would not be entitled for further promotions. All of such officers
may also kindly be upgraded to the Deputy Commissioner grade after completion
of 4 years of service as there is no difference between the functional duties
of Asstt. Commissioner & Deputy Commissioner like Joint Commissioner &
Addl. Commissioner.
b) The immediate measures may kindly be
taken to convert all of the temporary posts to regular/permanent as these have
been created on the sole basis of functional requirement. This functional
requirement will be on regular increase instead of decrease with the passage of
time. There is no other precedent where any temporary post has been created to
cope-up with the “ever increasing functional requirement” in the cadre
restructuring of any other department. Temporary posts are created only as
temporary measure to cope-up with some temporary situation which may noway be
the part of any cadre restructuring. Cadre restructuring is meant only to
devise permanent, effective & better measures not only in r/o functional
need of any department but also to boost up the career prospects of the
stagnated employees. It is disappointing
that the already acutely stagnated group B officers are being tried to stop at
the lowest level ignoring the functional necessity of the department while the
posts at Apex, HAG+ etc. levels in higher scales without availability of the
eligible officers have been created for non-stagnated IRS officers without any
functional requirement.
c) The effective period of 5 years in r/o
temporary posts of Asstt. Commissioner may kindly be counted from the date of
filling-up of these posts instead of the date of cadre restructuring
notification to give actual benefit to the Central Excise group B executive
officers who are already facing the extraordinary & acute stagnation
because nobody knows when these posts will actually be filled-up.
d) Immediate steps may also kindly be
taken to create “reserve pool” posts as per the prescribed norms, otherwise the
promotional quota of the already extraordinarily & acutely stagnated
employees will be used for the purpose of reserve pool.
e) All vacant posts in STS/DC grade on
account of unavailability of eligible officers may kindly be operated at JTS
level under Rule 254 of GFR, 2005 till the vacant posts in STS grade are
filled-up. This may give a bit solace to extraordinarily & acutely
stagnated Central Excise group B executive employees.
f) Again to give a bit solace to the
extraordinarily & acutely stagnated Central Excise group B executive
employees; all vacant posts in JAG, functional or non-functional (JC/ADC),
& above grades on account of non-availability of eligible officers may
kindly be operated at JTS level under Rule 254 of GFR, 2005 till the
vacant posts in the JAG & above grades are filled-up.
g) The specific measures may kindly be
taken to fill-up all newly created/vacant posts alongwith vacancies to be
cascaded downwards on account of promotions at higher levels in one go only by
promotions like last cadre restructuring particularly keeping in view the
extraordinarily acute stagnation of the group B Central Excise executive
officers.
h) After implementation of the cadre
restructuring, the direct recruitment of IRS may kindly be limited to minimum
like “maximum upto 25%” as also in the Indian Postal Service. It means that it
may be limited even to zero as per the demand of the circumstances. It will also protect the character &
stature of IRS which seems to be the ultimate aim of our CBEC. It is very
unfortunate that our CBEC is worried even for those direct IRS officers who
have not yet taken birth but it has no worry about the actual workforce of
Inspectors & Superintendents who are instrumental to earn the major portion
of government revenue.
j) The specific relaxation/amendments may
kindly be made in the relevant recruitment rules in accordance of the above
paras.
3. It is further submitted that the Central Excise
executive officers are retiring merely in PB2 while their common entry
counterparts of Customs are reaching PB4 levels easily. Other
intra-departmental (CBDT) & inter-departmental (CSS etc.) common entry counterparts
are also enjoying the PB-4 levels but Central Excise executive officers are
forced to retire on a PB2 post, thanks to faulty & discriminatory
recruitment rules. Even the standard
qualifying services in consonance of the DOPT guidelines are not being followed
by our CBEC for this poor category of employees. The Central Excise
executive officers are even forced to work under their extreme juniors of
Customs recruited in the same cadre on account of the faulty &
discriminatory Recruitment Rules. No DOPT provision
says that a senior relating to same cadre should work under a junior. It
was expected that the injustice would be undone by framing the new Recruitment
Rules in the manner of not forcing a senior to work under his/her junior
following the scheme as disclosed by the CBEC during the course of the
presentation of the cadre restructuring made on 18.01.11 saying that a proposal
is already under examination to bring the Inspectors, PO’s and Examiners of
same year at par in the matter of promotions but nothing happened despite of
the repeated assurances of the administration.
4. The Inspectors, PO’s & Examiners
enter the job as Inspector in the same cadre (Inspector only) subdivided by
CBEC into three categories without any justification. All of them are mentioned
as Inspector in the Recruitment Rules. As far as Customs work is concerned, our Inspector of
Central Excise is mentioned as the Inspector of Central Excise & Land
Customs in the Recruitment Rules. It clearly
stipulates that he/she is recruited to perform the duties of Customs also and
he/she has already been performing the same not only throughout the Land
Customs but also on airports, border areas, coastal areas etc. (including a lot
of Excise related Customs work) and so, looking after the bulk work of Customs
(many times more than PO’s & Examiners) alongwith whole work of Central
Excise as well as Service Tax. The same is the position at group ‘B’ gazetted
level as our Superintendent of Central Excise is also to look after the bulk work
of Customs including appraisement and already has been looking after this bulk
work of Customs since the birth of CBEC. All of three streams are merged at
group ‘A’ entry level substantiating again that all of them belong to one &
the same cadre at group ‘B’ non-gazetted as well as gazetted level. They were
shown to belong to the single cadre in the last cadre restructuring and have
also been shown under the one & same column in the notification of current
restructuring without any tri-furcation in their strength. It again
substantiates that they belong to the one & the same single cadre. The
single cadre at non-gazetted as well as gazetted level has been tri-furcated
without any cogent reason and needs immediate merger in the manner that no
senior is forced to work under his junior.
5. Very disappointingly, our officers
joining the job as Inspector/Superintendent of Central Excise are placed
decades behind the officers joining the job as Examiner/Appraiser and also
PO/Customs Superintendent upto good extent with the passage of time due to the
faulty & discriminatory Recruitment
Rules resulting into discriminatory promotional
avenues for Central Excise stream. These discriminatory promotional avenues
have already been very well admitted by the CBEC on various occasions but no
remedial steps have been taken to undo this discrimination till date. This
discrimination can only be undone by framing of the Recruitment Rules to ascertain parity in promotions with common entry
counterparts. Thus, the immediate measures may kindly be taken to bring all the
Central Excise Inspectors, Preventive Officers & Examiners of same year at
par in the matter of promotion keeping their relative seniority intact in r/o
common entry into the job. This was also committed by the CBEC during the
presentation made on cadre restructuring on 18.01.11 and also during various
other meetings but nothing has happened till date.
6. The discrimination/disparity was duly recognized
and reflected by CBEC in the minutes of Board meeting of 12.01.11 and
18.02.11also directing HRD wing to formulate the device to undo the prolonged
injustice. As a result, it was expected that the common entry counterparts
would be brought at par in the matter of promotions and no senior would be
forced to work under any junior. But nothing has been done till date. Even the
ratio of 13:2:1 worked out by CBEC is absolutely incorrect and not in
consonance of the DOPT guidelines. Very specific assurance to frame the
recruitment rules on the issue was also given vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC by the
Member (P&V) against point No. 2 of
the meeting held on 31.01.13 with the Association but nothing happened till
date.
7. As per DOPT
guidelines under Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10,
the fixation of ratio is not mandated in the case of small number of
promotional posts as merely 1% in our case is not only smaller even than small
but it is the smallest. In the minutes of the Board meeting held on 12.01.11
also, it was said that the mere change in the existing ratio would be
insufficient to address the situation. It may also be seen under section
18(2)(a) of the original Indian Customs & Central Excise Service Group ‘A’
Rules, 1987 that the vacancies to be filled by promotion should be filled in
accordance with the common seniority list of the three group ‘B’ categories of the officers instead
of any ratio formula. It is reiterated that any ratio formula will never be
able to grant “just & fair representation as directed by the Hon’ble
Supreme Court in the verdict of Civil Writ Petition No. 385/10” because a
category (Customs) ahead of other (Central Excise) will always remain ahead
even if a single post/vacancy even out of thousands or lacs is given to it.
8. In view of the above submissions, the Recruitment
Rules may kindly be framed/amended without trifurcating the cadre at Inspector
and Group ‘B’ gazetted level by prescribing the qualifying service based on the OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09
of DOPT (not being followed by CBEC) which clearly stipulates the promotion of the officer completing 12, 17 & 20
years of service to the grade of JC, ADC & Commissioner respectively after
joining the job as Inspector. The validity of this OM was also admitted
by the CBEC during the presentation on cadre restructuring proposal on 18.01.11
but they showed their inability to implement the same due to the want of
required number of vacancies. The said problem of the want of the required
number of vacancies may be overcome by adopting the measures like notional
promotions, creation of supernumerary posts or even in-situ promotions as last
option. Thus, the Recruitment Rules should kindly be framed prescribing the
qualifying services as below on the lines of above referred OM Dt. 24.03.09 of
DOPT with the
specific request not to impose any qualifying service/residency period in
deviation of the DOPT guidelines-
(i)
2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining
as Inspector.
(ii)
7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining
as Inspector (There is no justification
of promoting an officer from a grade pay of Rs. 5,400/- after time scale to
5,400/-. It is also submit-worthy that the most of the group ‘B’ gazetted
officers including CSS are being promoted to a senior group ‘A’ post instead of
junior group ‘A’ in Central as well as State governments. In CPWD where
direct group A entry is in the grade pay of Rs. 5400/- like CBEC, even the
officers are being promoted from a grade pay of Rs. 4,600/- directly to the
grade pay of Rs. 6,600/- and then directly to a grade pay of Rs. 8700/- from
the grade pay of Rs. 6,600/-.).
(iii)
12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining
as Inspector.
(iv)
17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining
as Inspector.
(v)
20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining
as Inspector.
(vi) and so on.
9. Keeping
in view the extraordinarily acute stagnation of the Central Excise executive
officers, there should kindly be incorporated the permanent provisions in the
Recruitment Rules framed on the above lines at
every level in addition to
the above qualifying services to promote (even
in-situ or otherwise) the officer automatically to the next higher
grade, if his/her stagnation in a grade reaches one & half times of
qualifying service. This will also
remove the regional/zonal disparities being faced by the officers. The draft on
Recruitment Rules is enclosed herewith. It is again very specifically requested
not to make any deviation in standard
qualifying service/residency period; the same should kindly be kept in strict
consonance of the standard guidelines of the DOPT.
10. Apart our strong reservations against ratio
formula, it is worth to mention that the sanctioned strength of Appraisers is
just more than double of the Examiners which gives the opportunity to Examiners
to be promoted to next post within 3 years (within 2 years in the future) while
our Central Excise Inspectors even with 25 years of service are still waiting
to be promoted to next post. Moreover, the direct recruitment of the Appraisers
was stopped in 2002 by the Cabinet but their strength has not been reduced from
the total strength of the Appraisers. As per DOPT guidelines, this should have
been abolished. So, not only the strength of the direct recruit Appraisers (50%
of the total strength of the Appraisers) is to be abolished from the total
strength of the Appraisers but it is also to be reduced further to bring the
standard ratio of 1:1.5 between the strength of Appraisers & Examiners like
the strength of Central Excise Superintendents & Inspectors and also the
strength of Customs Superintendents & PO's. Otherwise the Examiner even of
2009 will also enter into group A in 2014 while the Central Excise Inspector
only of 1981/82 will be able to reach the stated level. The qualifying service
for further promotion from the post of Central Excise Inspector, PO and
Examiner is required to be made the same.
11. As far as the imposed ratio of 13:2:1
(whether correct or incorrect?) for promotion to group 'A' JTS is concerned,
the Central Excise Superintendents will always be at a permanent &
recurring loss in r/o the filling-up of the retirement vacancies in future
after the implementation of the cadre restructuring because of being at the fag
end of the career at the time of promotion in comparison to the officers
belonging to the Customs stream. Thus, every 13 vacancies occurring in future on
account of the retirement of the Central Excise Superintendents will further be
shared by the Customs people and the practical share of the Central excise
officers will be on regular diminishing which requires to be checked
immediately.
12. It is also worth to submit that the Customs side
officer, i.e., Appraiser of 2002 & Customs Superintendent of 1996 has
already entered into group A while the Central Excise Superintendent of 1992/93
is still waiting for the same. Hence, all of the
posts at group 'A' JTS level may first be used for the promotion of the acutely
stagnated category of employees, i.e., Central Excise Superintendents to
give some consolation to them at the fag end of the career. Hence, all of these
posts may be utilised only for the Central Excise Superintendents until 2002
Central Excise Superintendents also enter into group A. After it, the posts may be distributed in
the manner that the officers of the same year of all three streams may get
parity in the promotions.
13. In view of the above, it is requested
that the Recruitment Rules may kindly be framed in consonance of the paras 2 to
12 above for the sake of “equity, justice & fairness” undoing the
injustice, discrimination & humiliation being faced by Central Excise
executive officers for decades.
Thanking you,
Yours
faithfully,
Encl: Draft RR’s.
(RAVI
MALIK),
Secretary
General.
Copy with the request
for necessary action to:
i) The DG, HRD, CBEC,
New Delhi.
ii) The Member
(P&V), CBEC, North Block, New Delhi.
iii) The Chairperson,
CBEC, North Block, New Delhi.
iv) The Revenue
Secretary, North Block, New Delhi.
(RAVI
MALIK)
