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. 90/A/14                                                                          Dt. 28.04.14

To,

Sh. Rajiv Takru,

The Secretary, Department of Revenue,

North Block, New Delhi.

Sub: Submissions regarding employee grievances.

Sir,

            First of all with due regards, the members of this Association are very thankful to your goodself to call the Association for a meeting to hear their grievances in person. This shall revive the Employee Grievances Redressal Mechanism in the Department of Revenue. The Association requests for holding such minuted meetings at due intervals as per your kind convenience.

            Further, the following points are submitted for your kind consideration and due redressal-

1. Immediate DPC for the post of Asstt. Commissioner for the panel years 2013-14 & 2014-15 and also for the vacancies in r/o cadre restructuring: We are far behind in holding the DPC,s for the promotions to the post of Asstt. Commissioner. There is already a delay for two panel years in the matter. The last DPC for the said post was held for the panel year 2012-13 on 06.03.14 despite of being due to be conducted latest by the month of January, 12. Many of our officers due for the rarest IInd promotion have already retired on account of the delayed process of DPC’s. The last DPC was conducted for 149 vacancies but only 110 officers could get promotion resulting in the retirement of other eligible/empanelled officers. Serving officers were also not promoted against the remaining 39 vacancies. Not only the DPC’s for the vacancies existing for the panel years 2013-14 & 2014-15 but also for 2268 (150 permanent + 2118 temporary) posts created in the cadre restructuring as notified on 18.12.13 are pending. It is requested that the said DPC’s may kindly be conducted and cadre restructuring implemented on immediate basis particularly keeping in view the monthly mass level retirements of our officers merely with single promotion in the career. The immediate implementation of cadre restructuring will give a bit solace to these officers in the form of IInd promotion at the fag end. It is also worth to submit that six months are nearly to expire after Cabinet approval but the reorganisation notification of cadre restructuring is still awaited.     

2. Scheme to improve the career prospects of Central Excise Superintendents/Inspectors independent of cadre restructuring to enter them into PB-4: Our common entry counterparts including CBDT, CSS etc. are reaching the PB4 levels after getting 5/6 promotions while we are retiring merely on a PB2 post after getting only single promotion in the career of 35-40 years. Only around 1% of our officers are able to be promoted to the lowest level of PB3 at the fag end of the career. The JTS posts created in the cadre restructuring will also make no change in the situation and will enable only some more of our officers to get the lowest level PB3 post due to being temporary in nature with no right for further promotion. Despite of total demoralization and nothing left to be motivated due to the worst career prospects being faced, our officers have always been collecting the revenue for the Govt. well above the set targets with complete commitment & dedication. It is requested that some concrete measures (e.g., time bound promotions, notional promotions, supernumerary posts, separate service, in-situ promotions, direct promotions to higher grades, batch to batch functional upgradation with the best placed common entry counterparts or any other specific measure/s) may kindly be taken independent of cadre restructuring to enter our officers also into PB4 like other counterparts. This shall also remove the regional disparities existing in the promotions of group B officers in CBEC.    

3. Pay scale equivalent to the Grade Pay of Rs. 5400/- in PB3 to the Superintendent of Central Excise w.e.f. the date of the grant of the same to the analogous counterparts of IB, CBI etc. alongwith other perks as being granted to the later ones: DSP of CBI, DCIO of IB & Central Excise Superintendent etc. are the analogous posts and were being granted the same pay scale upto 1985. The High Power Committee formed on pay matters by the then FM, Sh. Yashwant Sinha, also admitted the analogous character of these posts. The pay scales of DSP of CBI & DCIO of IB were enhanced to the level equivalent to Rs. 5400/- in PB3 w.e.f. January, 86. It was done by the Govt. on the simple recommendation of the concerned department without any recommendation by the Pay Commission. They were also granted group A status later on but our Central Excise Superintendents are still being placed in the lower scale of group B. This has been done despite of more hazardous & arduous duties being performed by our Superintendents during the discharge of executive as well as quasi-judicial functions taking every risk on life of self & family on account of countering with the habitual revenue offenders, white collared criminals & hardcore dreaded smugglers alongwith tremendous administrative pressures. Our Superintendents are discharging all functions relating to assessment, investigation & intelligence, issuance of Show Cause Notices with the powers of adjudication etc. Their claim becomes even stronger on account of the judicial powers granted to them to adjudicate the relevant cases and recording statements like a Magistrate under Section 14 of Central Excise Act and Section 108 of Customs Act having validity even before the Supreme Court. No such powers have been granted to any Group ‘B’ Gazetted officer of the Govt. of India including CBI & IB. Not only it, the Adjudication Orders are also being prepared by our Superintendents for the Commissioner level officers. Even the recommendations of 6^th CPC under para 7.15.24 asking to maintain the well-established parity between the Chief Enforcement Officer and Central Excise Superintendent etc. under the same department of Revenue have also not been implemented. Chief Enforcement Officers had already been placed in a higher pay scale than the Central Excise Superintendents. Thus, it is totally unjustified to have merely a difference of Rs. 200/-  at the time of promotion of an officer from a grade pay of 4600/- (Inspector) to a grade pay of Rs. 4800/- (Superintendent) particularly when the officer is to retire with only single promotion in the career of 35-40 years. It is also worth to submit that our officers are entitled to go to CBI & IB but their officers are not entitled to come to CBEC on deputation because our officers are performing more important work functions with higher responsibilities. Keeping in view the importance of our work and above submissions, it is requested that a pay scale equivalent to the grade pay of Rs. 5400/- in PB3 may kindly be granted to the Central Excise Superintendents w.e.f. the date of the grant of the same to the analogous counterparts of IB, CBI etc. alongwith other perks as being granted to the later ones.

4. Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II(A) Dt. 08.03.95 regarding arrears of pay: The said circular was issued on the basis of the Judgement given by the Hon’ble CAT of Jabalpur to grant the equivalent pay scale to our Inspectors as granted to the Inspectors of CBI etc. The Hon’ble CAT had ordered to grant the same pay scale to our officers w.e.f. the date of the grant of enhanced pay scale to the Inspector of CBI etc., if IVth CPC recommended the same pay scales to both of the categories. The CPC placed both the categories under the same pay scale but the above circular has not been implemented till date despite of the repeated requests of the Association as all of the then Central Excise Inspectors have now become Superintendents. It is requested that the said circular may kindly be implemented at an early date.   

5. Regularisation of ad hoc promotions based on the rules existing on the date of regularization: Hon’ble Supreme Court ordered to regularize all ad hoc promotions made to the post of Asstt. Commissioner by framing new recruitment rules for the sake of ‘just & fair representation of each category’ as per the verdict dt. 03.08.11 given in CWP No. 385/10. Now regular DPC is to be conducted to regularize all ad hoc promotions since 1997. It is requested that the regular DPC may kindly be conducted on the basis of the recruitment rules as existing on the date of DPC itself because the earlier recruitment rules are not in the existence now. It is also not out of place to mention that all 1979 onwards promotions to the post of Asstt. Commissioner were regularized based on the then new recruitment rules at an earlier occasion as per the verdict given by the Supreme Court sometimes in Dec, 96 in CWP No. 306/88 but the regularization of the ad hoc promotions for the post of Asstt. Commissioner since 1997 is not being done on the basis of the new recruitment rules existing as on the date of the regular DPC. It is worth to reiterate that old recruitment rules have already been repealed after coming of new rules into existence.     

6. Batch to batch Non Functional Upgradation to the Central Excise Superintendents/Inspectors at par with the best common entry counterparts like CSS etc.: All organised group A officers recruited with IAS, the best placed group A service, have been granted financial parity with the counterparts of IAS. They have been granted non-functional financial up-gradation vide DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 to compensate the financial loss due to lack of promotions as compared with IAS. But nothing such has occurred to group B officers. The CSS officers are the best placed group B officers of Govt. of India like IAS in group A. The group B officers at the level of Inspector of Central Excise and the Assistant of CSS alongwith others are recruited in a common scale of pay through common entry examination conducted by SSC. The officers recruited as Assistant of CSS get the benefit of promotions upto the Joint Secretary level. However, their counterpart Inspectors of Central Excise in CBEC get only one promotion in 35/40 years of service career. The Inspectors of Central Excise are recruited in PB2 and also retire on a PB2 post of Superintendent barring around 1% whereas all of their common entry counterparts of CSS easily reach PB4 levels after being recruited with them in PB2. It is also worth to submit that the revenue officers are highly placed throughout the world in the matter of salary, perks and career prospects as compared to other employees but, very unfortunately, our officers are facing the worst prospects. Needless to submit that Superintendents/Inspectors already have been earning the major portion of the Govt. revenues well ahead of the revenue targets. As submitted above, they have been facing every threat including life & person on them as well as their families by the habitual revenue offenders, white collared criminals & hardcore dreaded smugglers alongwith tremendous administrative pressures during this course. The grant of the non-functional financial upgradation on batch to batch basis (since joining in group B, non-gazetted) at par with the best placed common entry counterparts of CSS may really be a solace for these poor officers. The work importance of Central Excise officers has also been submitted under point No. 3 above. It is requested that the officers recruited as Inspector/Superintendent of Central Excise may kindly be granted at least non-functional financial upgradation at par with their counterparts of CSS on batch to batch basis (since joining in group B, non-gazetted). This shall also remove the regional disparities, prevailing in CBEC among group B officers, on financial basis.

            Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Subject: 7th CPC Questionnaire

‘Bharat Pensioners Samaj’. One of the identified Pensioners Federation by GOI M/O Personnel, PG & Pensions-DOPPW and a stake holder. In its capacity as one of the oldest & largest Pensioners Organization with over 500 Affiliated associations, submits here under reply to items Nos 10.1 & 10.1.2 under the head ‘Pension’ in the questionnaire.However, as Pension is not independent of Salary suggestions for basic structure are for Salary/Pension.Item No 10.1 New pension Scheme i.e The retirement benefits of all Central Government employees appointed on or after 1.1.2004 are covered by the New Pension Scheme (NPS). What has been the experience of the NPS in the last decade? Withdraw New Pension Scheme: for following reasons:

(i) Pension of Govt. employees is a deferred wage. Since wage paid out to them

during the course of work tenure is kept low by design, to cater for pension. (ii) He/She forgoes with interest 8.33% of govt. matching contribution to PF.

(iii) Pension is a social security measure & cannot be subjected in any way to Market risks (iii) It does not guarantee minimum return & thus lacks the basic fiber of Social Security Scheme (iv). It is in no way better than the existing Scheme (vi)It does not provide guaranteed Family Pension to dependents & disabled siblings which exist in present scheme, even in case of spouse & dependent parents where death of the employee occur in early years of service there is no adequate social security.

Item 10.1.2 i.e. As for as pre 2004 appointees are concerned, what should be the principles that govern the structure of pension and retirement benefits?

Basic structure of Pay/ Pension

1.Keeping in view the Socialistic structure of the country , constitutional provisions & to reduce vast inequality between have & have lots, it is proposed: The Ratio between maximum & minimum of Salary/ Pension be brought down to 9:1. Ensuring uniformly equal rise in Salary/Pension of all employees/pensioners, irrespective of pre- retiral status. By adopting common multiplication factor for revision of Pension/Pay, as raising the ratio between minimum & maximum of salary/pension to 1:12.85 by 6thCPC , instead of reducing it, was unconstitutional .In order to cater to the need of talent attraction in all cadres 7th pay commission is requested to first workout the top most revised salary/pension, divide it by 9 to arrive at the minimum revised salary & then derive a uniform multiplication factor by dividing minimum of revised Salary/Pension by minimum of pre-revised salary/Pension for revision of Pay & Pension with the condition that Pension shall not in any case be less than 65% & family Pension 45% of the last Pay in Pay Band i.e. Pay in Pay Band+ GP /Pay scale or of average of last 10 months emoluments (Whichever is more beneficial) as was worked out & recommended by TECS (Tata Economic Consultancy Services) consultant to Vth CPC (Para 127.9 Vol III 5th CPC report)

2.One Rank one pension: ‘Justice must be equal for all’. Otherwise, it breeds contempt, discontentment, inefficiency, corruption & finally the insurgency. We have seen it happening in Tribal areas of N.E, Chhatishgarh, Jharkand, Orisa, MP etc.

Vast inequality of income and wealth between lowest & the highest paid, violation of Article 14 has already induced contempt, discontent, inefficiency & corruption, in Civil services.

Govt. granted One Rank One Pension (OROP) to Armed forces, Judges granted it to themselves even a period of private practice of lawyer judges, to be counted towards qualifying service. Higher Bureaucracy got it through modified parity. All other Central Govt. employees & Pensioners are definitely not the 2nd grade citizens! One Rank one Pension to all retirees is constitutional requirement to ensure equality.

Defence Pensioners: As far as Armed forces are concerned they do the supreme sacrifice for the country & must be the highest paid .For them the ratio between highest & lowest paid must not be more than 1:5 and instead of being thrown out at an early age they must be transferred to paramilitary/police force after active tenure in armed forces. Otherwise, if these retired army personnel trained in all sort of weaponry are left uncared, they may fall prey to undesirable anti National outfits. In their case it is also essential that retirees from uniformed cadre & civilian defence Pensioners are treated at Par for all purpose

2.Dearness relief : 100% neutralization with automatic Merger with Pension whenever it goes to 50% :The Pension of Central Government Pensioners undergo revision only once in 10 years during which period the pension structure gets seriously dis-aligned; 50% increase in price takes place even in less than 5 years. This results in considerable erosion of the financial position of the pensioner. DR does not adequately take care of inflation at this level. Working employees are getting automatic relief by way of 25% increase in their allowances with every 50% rise in Dearness Allowance. As pensioners do not get any allowances, they feel discriminated against. In order to strike a balance, DR may be automatically merged with Pension whenever it goes to 50% .

3.Additional old age Pension : 5% upward enhancement in pension be granted every five years’ after the age of 60 years & upto 80 years & thereafter as per existing dispensation. As in the present scenario of climatic changes, incidence of pesticides and rising pollution old age disabilities/diseases set in by the time an employee retires and go on manifesting very fast, needing additional finances to take care of these disabilities and diseases, especially as the cost of health care has gone very high.

4.Pension to be net of Income Tax : The purchase value of pension gets reduced day by day due to continuously high inflation and steep rise in cost of food items and medical facilities. Retired persons/Senior citizens do not enjoy fully public goods and services provided by Government for citizens due to lack of mobility and many other factors. Their ability to pay tax gets reduced from year to year after retirement due to ever-increasing expenditure on food and medicines and other incidentals. Their net worth at year end gets reduced considerably as compared to the beginning of the year. Inflation, for a pensioner is much more than any tax. It erodes the major part of the already inadequate pension. To enable pensioners, at the far end of their lives, to live in minimum comfort and to cater for ever rising cost of living, they may be spared from paying Income Tax.

5. Restoration of commuted value of Pension in 12 years: Commutation value in respect of employee superannuating at the age of 60 years between 1.1.1996 and 31.12.2005 and commuting a portion of pension within a period of one year would be equal to 9.81 years Purchase. After adding thereto a further period of two years for recovery of interest, in terms of observation of Supreme Court in their judgment in writ petitions No 395-61 of 1983 decided in December 1986, it would be reasonable to restore commuted portion of pension in 12 years instead of present 15 years. In case of persons superannuating at the age of 60 years after 31.12.2005 and seeking commutation within a year, numbers of purchase years have been further reduced to 8.194. Also, the mortality rate of 60 plus Indians has considerably reduced ever since Supreme Court judgment in 1986; the life expectancy stands at 76 years now. Therefore, restoration of commuted value of Pension after 12 years is fully justified.

6. The 6th Central Pay Commission’s improved benefits, e.g. full pension for 20 years of service/10 years in superannuation cases, last pay drawn or average of last 10 months’ pay whichever is beneficial to the retiring employee as emoluments for computation of pension etc., have been limited only to post-1.1.2006 retirees. This is in violation of the letter and spirit of Hon’ble Apex Court judgment in Nakara Case.

We appeal to the 7th CPC to extend the above benefits to all pre-1.1.2006 retirees with monetary benefit from 1.1.2006 to do them equal justice. And that new/improved benefits which 7th CPC may recommend, too be made equally applicable to present & past pensioners.

7..Medical facilities: “Health is not a luxury” and “not be the sole possession of a privileged few”. It is a Fundamental Right of all present & past Employees!

To ensure hassle free health care facility to Pensioners/family pensioners, Smart Cards be issued irrespective of departments to all Pensioners and their Dependents for cashless medical facilities across the country. These smart cards should be valid in

• all Govt. hospitals

• all NABH accredited Multi Super Specialty hospitals across the country which have been allotted land at concessional rate or given any aid or concession by the Central or the State govt.

• all CGHS, RELHS & ECHS empanelled hospitals across the country.

· Medical attendants. For reimbursement of bills for treatment & for hospitalization . No referral should be insisted in case of medical emergencies. For the purpose of reference for hospitalization & reimbursement of expenditure thereon in other than emergency cases Doctors/Medical officers working in different Central/State Govt. department dispensaries/health units should be recognized as Authorized medical attendant.

The enjoyment of the highest attainable standard of health is recognized as a fundamental right of all workers in terms of Article 21 read with Article 39(c), 41, 43, 48A and all related Articles as pronounced by the Supreme Court in Consumer Education and Research Centre & Others vs Union of India (AIR 1995 Supreme Court 922) The Supreme court has held that the right to health to a worker is an integral facet of meaningful right to life to have not only a meaningful existence but also robust health and vigour. Therefore, the right to health, medical aid to protect the health and vigour of a worker while in service or post retirement is a fundamental right-to make life of a worker meaningful and purposeful with dignity of person. Thus health care is not only a welfare measure but is a Fundamental Right.

We suggest that, all the pensioners, irrespective of pre-retiral class and status, be treated as same category of citizens and the same homogenous group. There should be no class or category based discrimination and all must be provided Health care services at par .

8. Hospital Regulatory Authority:To ensure that the hospitals do not avoid providing reasonable care to smart card holders and other poor citizens, a Hospital Regulatory Authority should be created to bring all NABH-accredited hospitals and NABL-accredited diagnostic Labs under its constant monitoring of quality, rates for different procedures & timely bill payments by Govt. agencies and Insurance companies. CGHS rates be revised keeping in mind the workability and market conditions.

9.Fixed Medical allowance (FMA): As is recorded in Para 5 of the minutes of Committee of Secretaries (COS) held on 15.04.2010 (Reference Cabinet Secretariat, Rashtrapati Bhavan No 502/2/3/2010-C.A.V Doc No. CD (C.A.V) 42/2010 Minutes of COS meeting dated 15.4.2010) which discussed enhancement of FMA: CGHS card estimates for serving Personnel since estimates are not available separately for pensioners M/O Health & Family Welfare had assessed the total cost per card p.a. in 2007-2008 = Rs 16435 i.e. Rs.1369 per month for OPD. Adding to its inflation the figure today is well over Rs 2000/- PM. Ministry of Labour & Employment, Govt. of India vide its letter no. G-25012/2/2011-SSI dated 07.06.2013 has already enhanced FMA to Rs 2000/- PM for EPFO beneficiaries. Thus, to help elderly pensioners to look after their health, Adequate raise in FMA will encourage a good number of pensioners to opt out of OPD facility which will reduce overcrowding in hospitals. OPD through Insurance will cost much more to the Govt. As such the proposal for raising Fixed Medical allowance to Pensioners is fully justified and is financially viable.

We suggest that FMA for all C.G. Pensioners be raised to at least Rs 2000/- PM without any distance restriction linking it to Dearness Relief for automatic further increase. We further demand that FMA be exempted from INCOME TAX: Fixed Medical Allowance (FMA) is a compensatory allowance to reimburse the medical expenses. As Medical Reimbursement is not taxable, FMA should also be exempted from Income Tax.

10.Grievance redressal Mechanism: Pensioners/Family Pensioners are exploited, harassed and humiliated by their own counterparts in chair, who at the sight of an old person adopt a wooden face and indifferent attitude. Pensioners do not have representation even in Forums & Committees wherein pension policies and connected matters are discussed. The forum of Pension Adalat too is not of much avail as it meets only once a year which is too long a period for an elderly nearer to his end. Moreover, these Adalats deal with settlement claims only. SCOVA too meets only twice a year for about 3 hours at each occasion. Moreover, the scope of SCOVA is limited to feedback on Government policies. DOP (P&PW) is perceived as a toothless authority which lacks direct Service Delivery Capability. It has been striving over the years to redress the Pensioners’ grievances through the ‘Sevottam’ model of the Department of Administrative Reforms & Public grievances; in the absence of strict timeline with punitive clause it is, however, proving to be a failure. Grievances are either not resolved for years or closed arbitrarily without resolving.

We therefore, appeal that for resolving Pensioners complaints of all pensioners,

(i) A strict time line with punitive clause be introduced in “Sevottam model”

(ii) Grievances are not allowed to be closed without resolving.

(iii) SCOVA be upgraded to JCM level covering all Pensioners by introducing suitable legislative amendment if required.

11. Representations in various committees : As recommended vide Vth CPC report Vol III para 141.30 Pensioners’ representatives should be included in various committees & other Fora of Govt where issues relating to the welfare of pensioners are likely to be discussed &debated :

Discussing, debating and deciding the matters / Policies relating to Pensioners, with representatives other than those of pensioners, is unfair & against the Rules of ‘Natural Justice’. At present various Committees like National Anomaly Committee (NAC) and JCM (on Pensioner matters), are there wherein matters / policies relating to pensioners’ welfare are discussed and decided, but they do not have pensioners’ representatives with the result their viewpoints, hardships & anomalies are not properly represented. As pensioners are a homogenous class, there is an urgent need to constitute separate Committees for pensioners wherein matters / policies / anomalies relating to pensioners of all Groups, categories &departments may be discussed.

With regards

Truly Yours,

ER.S.C.Maheshwari

Secy.Genl. Bharat Pensioners Samaj

NOO

Copy: Sh.Shiv Gopal Mishra Secretay JCM (Staff side) for necessary favourable action.

S.C.Maheshwari

Secy. Genl. BPS

OBITUARY

            With deep sorrow and profound grief, the sad demise of our beloved Sh. Chandrasekar, one of our former Secretary Generals of All India Federation of Central Excise Executive Officers(Presently renamed as All India Central Excise Inspectors Association), is informed to all. He left this mortal world for his heavenly abode today on 24.04.14 due to cardiac arrest at Purasawalkam, Chennai. Let us all console his family and pray the almighty God to give strength to them to face this saddest situation.  

In grief,                                                                                                                     

(RAVI MALIK),

Secretary General

and all the office bearers as

well as whole cadre.

The date of effect of the 7th Central Pay Commission

The Finance Minister answered to a question in Parliament that the date of effect of the recommendations of the 7th Central Pay Commission will be decided once the Report is submitted

GOVERNMENT OF INDIA

MINISTRY OF FINANCE
LOK SABHA
STARRED QUESTION NO 243
ANSWERED ON 07.02.2014
SEVENTH PAY COMMISSION

243 . Shri M. KRISHNASWAMY
Will the Minister of FINANCE be pleased to state:-
(a) whether the Government has initiated the process to constitute the Seventh Central Pay Commission for the Central Government employees;
(b) if so, the details and the present position thereof;
(c) the date by which the new pay is likely to be made effective;
(d) whether the representatives of the Defence forces are likely to be included in the Commission and if so, the details thereof; and
(e) if not, the reasons therefor?

ANSWER

MINISTER OF FINANCE (SHRI P. CHIDAMBARAM)
(a) to (e) A statement is laid on the Table of the House.
STATEMENT AS REFERRED TO IN REPLY TO PARTS (A) TO (E) OF LOK SABHA STARRED QUESTION NO.243 TO BE ANSWERED ON 7 FEBRUARY, 2014 REGARDING SEVENTH PAY COMMISSION BY SHRI M. KRISHNASSWAMY
(a) and (b): The Government has decided to constitute the 7th Central Pay Commission as under: -
1. Shri Justice Ashok Kumar Mathur, -Chairman
(Retired Judge of the Supreme Court and
Retired Chairman. Armed Forces Tribunal)
2. Shri Vivek Rae, – Member (Full time)
(Secretary, Petroleum & Natural Gas)
3. Dr. Rathin Roy. – Member (Part time)
(Director, National Institute of
Public Finance and Policy)
4. Smt. Meena Agarwal, – Secretary
(OSD, Department of Expenditure,
Ministry of Finance)
(c): The date of effect of the recommendations of the 7` Central Pay Commission will be decided once the Report is submitted.

(d) and (e): The composition of the 7th Central Pay Commission is broadly in line with the composition of the previous Central Pay Commissions. The scope of the task before the Central Pay Commission is framed in such a fashion as to enable the Commission to examine holistically all aspects of emoluments` structure of various categories of Central Government employees, including personnel of Defence Forces, having regard, inter-alia, to the issues specific to them and make recommendations thereon.

CONFEDERATION OF CENTRAL GOVERNMENT GAZETTED OFFICERS’ ORGANIZATIONS

.

        Cicular No /Confdn/2014 -15/1                                                                                       Dated: 22.04.2014.

“If we all stand together we are a force that can shake the whole world”.

Dear Sir,

The Convention of Confederation of Central Government Gazetted Officers Organisations was held on 17^th April 2014. Chief Office bearers of 13 Federations/Associations representing 55,000 Officers participated. 35 Representatives and Office bearers from Audit and Accounts officers, CPWD Engineers, Central Excise Gazetted Officers, Pay and Accounts Officers, Statistical Officers, Postal Accounts Officers, Survey Officers, Customs Preventive Officers, all India radio engineers, Income Tax gazetted Officers, Zoological Survey Officers, Defence Research Development Organisation technical Officers, Indian Ordinance Factories Gazetted Group B Officers and Railway promote Officers attended the Convention.

Shri Bhaskar Bhattacharya, Secretary General, Income Tax Gazetted Officers Association welcomed the Gathering.  He briefly dwelt upon the objectives of the convention; the presidium consisting of Shri.S.B.Chaubey, General Secretary of Indian Ordinance Factories Gazetted Officers Association, Shri.Ravi Malik, Secretary General , All India Central Excise Gazetted Executive  Officers and Shri.Ajay Goyal, President of Income Tax Gazetted officers Association conducted the proceedings.

Shri S.Mohan, Secretary General of All India Audit and Accounts Officers Association, while introducing the draft declaration of the Convention, recalled how the idea of this Confederation emanated 10 years ago. He stressed upon the need for a forum for representing the grievances of Group B Gazetted officers.  He stated that the Group C is the most organised in the Central Government Set up while in the case of Group A officers, they themselves run the Government and they could take from the Government whatever they want, whereas Group B Gazetted officers remain the most unorganised category in the Central Government Working Segment and none of the demands of this category has been met by the Government The immediate need therefore, Shri. S.Mohan emphasized, was a JCM like forum for Group B Gazetted officers. He interalia pointed out the following:

1.      The pay scales were not uniform in the Group B Gazetted category across all the departments.  We have been divided and the Government was not considering us a force to reckon with.

2.       Before 6^th Pay Commission, the Confederation of Officers demanded that the categorizing the officers as Group B Gazetted should be abandoned  and there was a need for only two categories in the Central Government,  viz. Gazetted Officer and Non Gazetted Staff.  The 6^th pay commission did not accept our demand.

3.      If the Government does not accept this demand, our  we should insistence before the 7^th Pay Commission to fix a minimum residency period for Gazetted Group B and after particular minimum residency period, every Gazetted Group B should be made Group A

4.       There is an immediate need to fix a decent pay for the Group B Gazetted Officers.

Shri. S.Mohan insisted that a permanent, feasible, a working body was very much necessary to take care of the Confederation of Officers’ demand and there should be consistent struggle to achieve our demand. Mere application/submission of representation to pay commission was not enough for achieving our demands.

All the Chief Office bearers of the 13 Federation who participated in the convention shared their experience and valued opinion about the draft declaration and suggested improvements to the draft declaration.

The prominent suggestions included (i) minimum residency period should be fixed for Group B Gazetted Cadre for induction into Group A,(ii) Time bound promotion to Gazetted Group B, (iii) Scrapping of New Pension Scheme, (iv)to dispense with food bill reimbursement, (v) Daily allowance to officials on LTC as was being practiced in some PSUs/Banks, (vi) Annual Master Health Check-up from reputed Hospitals etc.  Finally it had been decided as follows.

1. All the 13 Federations shall carry our struggle to achieve our common demand of Gazetted Group B Officers.

2.  All the associations/Federations representing Gazetted Group B Officers in the Central Government whoever had not come so far and whoever was not approached till now shall be approached to bring them under the banner of Confederation of Central Government Gazetted Officers Organisations.

3.  A Common Memorandum on Gazetted Group B Officers shall be presented to 7^th Pay Commission. The Common Memorandum would also be a part of the submissions of the respective Association/Federation to the 7^th Pay Commission

4. Each individual Federation shall communicate to Shri.S.Mohan their opinion, suggestions, and demands before the 7^th CPC to before 25^th May 2014 so as to enable the core body to finalise the common memorandum on behalf of the Confederation.

5. It has been broadly decided to explore the commonality in approach between the JCM led organisations, its memorandum to the 7^th Central Pay Commission and that of the Confederation of Officers

6. Decided to hold a Conference at Kolkotta during the second fortnight of June 2014 to adopt the Constitution of Confederation and to elect a Body democratically.

7. As an interim arrangement, Shri. S.Mohan, as the Convenor, Shri.Baskar Bhattacharya as the Joint Convener, and Shri. Raman Kumar Sharma, Secretary General, Indian Railway Promotee Officers Federation were nominated as core committee members.

The Convention concluded with the vote of thanks proposed by Shri. Baskar Bhattacharya, Secretary General, All India Income Tax Gazetted Officers Association.

S.Mohan

Convenor

All our Unit Secretaries are requested to convey the opinion of concerned unit by email to SG by 20.05.14 duly consulting their members about the reply to such questionnaire to be submitted to 7th CPC by our Association.

Dear Friends,

As you know the 7th  Central Pay Commission compiled a list of questions and sent it along with a circular to all the Ministries/Departments of Indian Government, inviting their suggestions. It has come to our knowledge that the circular was also sent to all the Central Government employee Associations/ Federations. This could be treated as a irrefutable proof of the fact that the 7th Pay Commission has already started its work!  We have already posted the Questionnaire of 7th CPC in this blog post for information of all. However the same is again reproduced below:

"7th CPC Questionnaire

1. Salaries

1.1 The considerations on which the minimum salary in case of the lowest Group ‘C’ functionary and the maximum salary in case of a Secretary level officer may be determined and what should be the reasonable ratio between the two.

1.2 What should be the considerations for determining salary for various levels of functions falling between the highest level and the lowest level functionaries?

2. Comparisons

2.1 Should there be any comparison/parity between pay scales and perquisites between Government and the private sector? If so, why? If not, why not?

2.2 Should there at all be any comparison/parity between pay scales and perquisites between Government and the public sector? If so, why? If not, why not?

2.3 The concept of variable pay has been introduced in Central Public Sector Enterprises by the Second Pay Revision Committee. In the case of the Government is there merit in introducing a variable component of pay? Can such variable pay be linked to performance?

3. Attracting Talent

3.1 Does the present compensation package attract suitable talent in the All India Services & Group A Services? What are your observations and suggestions in this regard?

3.2 To what extent should government compensation be structured to attract special talent?

4. Pay Scales

4.1 The 6th Central Pay Commission introduced the system of Pay Bands and Grade Pay as against the system of specific pay scales attached to various posts. What has been the impact of running pay bands post implementation of 6th CPC recommendations?

4.2 Is there any need to bring about any change?

4.3 Did the pay bands recommended by the Sixth CPC help in arresting exodus and attract talent towards the Government?

4.4 Successive Pay Commissions have reduced the number of pay scales by merging one or two pay scales together. Is there a case for the number of pay scales/ pay band to be rationalized and if so in what manner?

4.5 Is the “grade pay” concept working? If not, what are your alternative suggestions?

5. Increment

5.1 Whether the present system of annual increment on 1st July of every year uniformly in case of all employees has served its purpose or not? Whether any changes are required?

5.2 What should be the reasonable quantum of annual increment?

5.3 Whether there should be a provision of variable increments at a rate higher than the normal annual increment in case of high achievers? If so, what should be transparent and objective parameters to assess high achievement, which could be uniformly applied across Central Government?

5.4 Under the MACP scheme three financial up-gradations are allowed on completion of 10, 20, 30 years of regular service, counted from the direct entry grade. What are the strengths and weaknesses of the scheme? Is there a perception that a scheme of this nature, in some Departments, actually incentivizes people who do not wish to take the more arduous route of qualifying departmental examinations/ or those obtaining professional degrees?

6. Performance

What kind of incentives would you suggest to recognize and reward good performance?

7. Impact on other organizations

Salary structures in the Central and State Governments are broadly similar. The recommendations of the Pay Commission are likely to lead to similar demands from employees of State Governments, municipal bodies, panchayati raj institutions & autonomous institutions. To what extent should their paying capacity be considered in devising a reasonable remuneration package for Central Govt. employees?

8. Defence Forces

8.1 What should be the considerations for fixing salary in case of Defence personnel and in what manner does the parity with civil services need to be evolved, keeping in view their respective job profiles?

8.2 In what manner should the concessions and facilities, both in cash and kind, be taken into account for determining salary structure in case of Defence Forces personnel.

8.3 As per the November 2008 orders of the Ministry of Defence, there are a total of 45 types of allowances for Personnel Below Officer Rank and 39 types of allowances for Officers. Does a case exist for rationalization/ streamlining of the current variety of allowances?

8.4 What are the options available for addressing the increasing expenditure on defence pensions?

8.5 As a measure of special recognition, is there a case to review the present benefits provided to war widows?

8.6 As a measure of special recognition, is there a case to review the present benefits provided to disabled soldiers, commensurate to the nature of their disability?

9. Allowances

9.1 Whether the existing allowances need to be retained or rationalized in such a manner as to ensure that salary structure takes care not only of the job profile but the situational factors as well, so that the number of allowances could be at a realistic level?

9.2 What should be the principles to determine payment of House Rent Allowance?

10. Pension

10.1 The retirement benefits of all Central Government employees appointed on or after 1.1.2004 a re covered by the New Pension Scheme (NPS). What has been the experience of the NPS in the last decade?

10.2 As far as pre-1.1.2004 appointees are concerned, what should be the principles that govern the structure of pension and other retirement benefits?

11. Strengthening the public governance system

11.1 The 6th CPC recommended upgrading the skills of the Group D employees and placing them in Group C over a period of time. What has been the experience in this regard?

11.2 In what way can Central Government organizations functioning be improved to make them more efficient, accountable and responsible? Please give specific suggestions with respect to:

a) Rationalisation of staff strength and more productive deployment of available staff;

b) Rationalisation of processes and reduction of paper work; and  ( c) Economy in expenditure.

12. Training/ building competence

12.1 How would you interpret the concept of “competency based framework”?

12.2 One of the terms of reference suggests that the Commission recommend appropriate training and capacity building through a competency based framework.

a) Is the present level of training at various stages of a person’s career considered adequate? Are there gaps that need to be filled, and if so, where?

b) Should it be made compulsory that each civil service officer should in his career span acquire a professional qualification? If so, can the nature of the study, time intervals and the Institution(s) whose qualification are acceptable, all be stipulated?

c) What other indicators can best measure training and capacity building for personnel in your organization? Please suggest ways through which capacity building can be further strengthened?

13. Outsourcing

13.1 What has been the experience of outsourcing at various levels of Government and is there a case for streamlining it?

13.2 Is there a clear identification of jobs that can be outsourced?

14. Regulatory Bodies

14.1 Kindly list out the Regulators set up unde r Acts of Parliament, related to your Ministry/ Department. The total number of personnel on rolls (Chairperson and members + support personnel) may be indicated.

14.2 Regulators that may not qualify in terms of being set up under Acts of Parliament but perform regulatory functions may also be listed. The scale of pay for Chairperson /Members and other personnel of such bodies may be indicated.

14.3 Across the Government there are a host of Regulatory bodies set up for various purposes. What are your suggestions regarding emoluments structure for Regulatory bodies?

15. Payment of Bonus

One of the terms of reference of the 7th Pay Commission is to examine the existing schemes of payment of bonus. What are your suggestions and observations in this regard?"

                    Although this is part of the usual procedure, it is a well known fact that Central Government employees treat certain questions as an indication of the mindset of the 7th Pay Commission. 

Let’s see the questions…

What kind of impact did the 6th Pay Commission’s reforms on the Pay Scale structure have, when they were implemented? Do you think such changes were required? The Pay Commission has included questions about the results and procedures of reducing Pay Scale and Pay Bands.Has Grade Pay Concept been effective? If no, the Commission wants to know what could be done to get the desired results.The questions regarding increments have triggered curiosity and interest. Has the purpose behind making July 1 the date of implementing the annual increment, served its purpose? Or, are there any changes required in it?

With annual increment fixed at 3%, what, according to you, would be a reasonable and acceptable level?

What are the pros and cons of the MACP Scheme?

House Rent Allowance is currently being given according to three categories, based on the population of the city. What criteria should be taken into account for the calculation of House Rent Allowance? This particular question assumes great significance.

Questions have been raised about the ratio of the salary of the lowest level employee and the top management. While debates on this issue have been on for a while now, it is worth pointing out that the question has also appeared on the 7th Pay Commission’s list. 

The list also has questions and a number of sub-questions about raising Government salaries to match the payments given in private sectors.Questions have been asked about the possibility of incorporating attributes like talent and performance in job evaluation. The sub-list also has questions regarding bonus, variable increments, performance-based schemes, State Government employees’ pay scales, and pensions. 

One thing is for sure – the circular and its questions have become the hottest topic of discussion and countless debates among government employees right now.

 The national level Convention of Confederation of Central government gazetted officers organizations was held on 17.04.14 at Delhi. The meeting was attended by representatives of the gazetted officers from all over India from all major sectors including, Railways, Defense Productions, AG, Postal, Income Tax , Customs(Prev), Central Excise etc. In the meeting it was felt that it is the right time to consolidate all the gazetted officers under the banner of Confederation of Central Government Gazetted Officer’s Organisation , so that an unified presentation can be made before 7th CPC and to consider further joint united action on the following demands: 1. Appropriate Pay structure, other allowances, and retirement benefits. 2. Five functional promotions and wherever promotion is not possible, five financial up gradation on hierarchical promotional posts. 3. Merger of DA. 4. Interim relief. 5. Cashless Medical facilities, etc.etc.. 

Therefore under the present circumstances, all our Unit Secretaries are requested to convey the opinion of concerned unit by email to SG by 20.05.14  duly consulting their members about the reply to such questionnaire to be submitted to 7th CPC by our Association. After receiving the feed back from our Units, an AC meeting may be held for finalization of the replies.

 

Gazetted Officer

GAZETTED OFFICER is a higher level ranked public servant and authority for the “Gazetted officer” stamp is granted by President of India or Governor of the States or Union Territories. These officers in the Central Government are entrusted with some supervisory and managerial role. However the public conceives a Gazetted Officer only as an attesting authority. The Central civil Group ‘B’ services are the second level of command structure among the broad categories of central civil services. Some of them are regular group ‘B’ services and others isolated posts in Group ‘B’ scales of pay. The recruitment to Group’B’ service is generally through a mixture of direct recruitment and promotions. There were no group ‘B’ services in the Government of India till the year 1930. There is no uniform promotional / classification policies, the Group ‘B’ /Group ‘A’ divisions in Gazetted services. Further on the functional and responsibility there is not much difference and posts are interchangeable. Therefore there is a need for reexamination of distinction of Group A and Group B posts. The Gazetted posts can be restructured into four grades with automatic movement from one grade to another.  The direct recruitment as well as recruitment through promotions to the Gazetted services should be in the same ratio in all the departments, without any restriction of age limit or on the consideration of ‘merit’. In the Government Service, there should only two groups namely Gazetted & Non Gazetted. The Share for induction in the officer cadre from Non Gazetted should be 80% Further, the ratio should be based on the number of sanctioned posts and not on vacancy. This will ensure adequate recognition for experience and will usher in good governance. Currently, the career progression of the various Group ‘B’ services is quite variable. Some of     the Group ‘B’ services, as for example, in the Income Tax department and Central Excise Dept, are feeder services to the corresponding Group ‘A’ services.  Others, like the Central Secretariat service, Railway Board secretariat service, armed force Head quarters service etc have chances of promotions in their offices and some of them have even reached the level of Joint Secretary, Additional Secretary, and Secretary. Some Group ‘B’ services are feeder to the All India Services, for example The Delhi, Andaman and Nicobar civil services and the Delhi Andaman and Nicobar police service. There are other Group ‘B’ services which are not so fortunate and face prolonged stagnation. Job pattern of Group B officers and those at the entry level in Group A, in almost all the Government Departments, are very similar and there could be hardly any reason, except the legacy of India’s colonial past, for persisting with two classes of officers in the Government. (During the days of British Raj, these two classes were for differentiating between White & Brown Sahibs). Such a division has no place in Independent India. It only instills sense of class difference in the officer’s cadre, which thoroughly demoralizes the officers at cutting edge level, striking a fatal blow at the very roots of quality governance. The Hon’ble Commission may, therefore, recommend to the Government to have only two cadres viz.  Gazetted and Non-Gazetted. VI CPC observed that “the Government has never conceded the principle of parity between Central Secretariat Service with other ministerial Services. Hence the 6^thCentral Pay commission has been never considered our view points. On the Contrary it created lot of anomalous situations in the Group B cadre. Because of the merger of the cadres the Gazetted Group B is suffocated between Group C and Group A. Career Progression for Group B was not at all considered. The Minimum wage for a Gazetted Group B was also not considered. The concept of running a decent and a reasonable living wage for Gazetted Group B was never thought of by these pay commissions. Gazette notification of government decision on 6 CPC recommendations offered bigger Bonanza to Group ‘A’ cadre only. The Grade Pay has been upwardly revised at ten stages in favour of Gr ‘A’ officers, but not a single upgrade revision, not even the anomalies pointed out in the construction of Pay Bands, have taken place in the case of PB 2. For Senior Group A officers, another Pay Scale has been created called HAG+ (Higher Administrative Grade). The creation of pay scale 75500-80000 (not pay band) for HAG+ itself negated the argument that pay commission recommendation on pay bands were sacrosanct and there could not be any modifications in the pay scales. As regards Gazetted Officers Group B many posts have been merged with same Grade Pay without any extra financial benefit. A Scheme for joint consultation with the organizations of Government servants on the pattern of the Whitely Machinery in the U.K. was recommended by the Second Pay Commission (1959). The Scheme was introduced in 1966 with the object of promoting harmonious relations and of securing the greatest measure of cooperation between the Government, in its capacity as employer, and its employees in matters of common concern, and with the object, further, of increasing the efficiency of the public service. It broadly covers over 95% of the regular civil employees of the Central Government including industrial employees working in departmentally run undertakings like the Railways and the Workshops/Production Units of various Ministries. The Scheme is a voluntary one, and the Government as well as the Staff Associations/Unions participating in the Scheme is required to subscribe to a Declaration of Joint Intent which inter alia provides for abjuration of agitational methods by the Staff Unions/Associations for redressal of their grievances. The Scheme covers all regular civil employees of the Central Government, except: (A) the Class I services; (B) the Class II services, other than the Central Secretariat Services and the other comparable services in the headquarters organization of the Government; (C) the persons in industrial establishments employed mainly in managerial or administrative capacity, and those who being employed in supervisory capacity employees of the Union Territories; and (D) police personnel. More than five decades have gone since then and the issues concerning the Gazetted Officers especially the middle-management cadres continued to mount in the absence of“Grievance Redressal” machinery. The impact of such a gross neglect has been accelerating despite the advent of successive pay commissions and almost reached a level that no more bearable.  The question whether the JCM scheme has been successful in India in terms of non gazette employees of Government of India is debatable the fact remains that the non-gazetted employees could atleast redress their grievances before the JCM and many a times could achieve some tangible results either through meaningful negotiation with National Council or through Arbitration wherever the disagreement is reached notwithstanding the fact it that the  award delivered by the Arbitration Board is subject to the authority of parliament to modify/reject on grounds of national economy/social justice. It has been our experience with the successive pay commissions that we have been treated as ministerial staff and sometimes even lower. Our representations to the Departmental Heads to the pay commissions, to the Ministry and every authority concerned have been simply ignored or rejected off hand without any justification. The sixth Pay Commission is no exception. It has in fact added insult to injury by deliberately denying even the minimum benefit to the Gazetted Officers including MACP. A culture of human exploitation and disrespect for the law prevails, and we are expected to discharge our public service at cheaper cost to enable certain people to pocket extra profit. Disrespect for human beings is in the DNA of the current system. While slavery is, of course, the most extreme situation in the field level offices, the truth is that the Gazetted and Promotee officers are being ruthlessly over loaded. Our Officers perform backbreaking work, at  very low pay scales; and virtually no protection to their self-respect exists. Historically these Gazetted Officers have been and continue to be excluded from Indian fair labour standards and are prevented from associating themselves. The cruelty of modern-day slavery prevailing in the Departments have motivated our officers to continue fighting for their rights, prompting the Government agencies to support our demands that include better pay scales and working conditions and new environment. Pay commissions have been viewed, or at least portrayed, as a stable watch dog of our economy, looking out for everyone’s good like a kind of gentle Big Brother. Any one attacking these Commissions’ Reports particularly the members of the Association, have been dismissed as crazy people. We wouldn’t survive without the Pay Commissions, is what most of our Gazetted officers believe. What we fail to see is the reality that the door to the Pay Commission is a revolving one working at the behest of the Finance Ministry of India. What we did not see is that the Pay commission is a ruling class agency that manufactures policy in the interests of that class. Our job now is to unite every resource available and put every shoulder to the wheel and assert ourselves. A strong united movement of Gazetted officers serving in the Central Government alone can change the status of the Gazetted Officers and render Justice.  Our thirst for justice has remained unquenched for five decades. In fact it has been deliberately allowed to be aggravated by repeated injustice by the Pay Commissions and by the Authorities who seem to have taken upon themselves the task of suppressing us further and further in to virtual slavery. Our thirst for justice is real, acute and painful. We can quench our thirst with a fair deal only when we, every one of us, establish emphatically that we are capable of sustained struggle. Our thirst will be quenched when every one of us demonstrate that “it is nobler to take arms against the sea of troubles and by opposing end them”