Sunday, 28 June 2015
Submissions under employee grievance redressal mechanism. Sir,
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
Ref. No. 82/G/15 Dt. 26.06.15
Sh. Shaktikanta Das,
Revenue Secretary, Ministry of Finance,
North Block, New Delhi.
Sub: Submissions under employee grievance redressal mechanism.
Kindly refer to the Ref. No. 29/A/15 Dt. 17.03.15 of the Association.
2. With due regards, the following points are submitted for your kind consideration with the request for early redressal-
A (i). Immediate conducting of DPCs upto 2015-16 panel year for the post of Asstt. Commissioner as per DOPT provisions as our officers are regularly retiring without promotion despite of a huge number of promotional vacancies being in hand: It is requested to kindly take immediate steps to update the DPCs as the CBEC has conducted the DPC only upto 2013-14 for the post of Asstt. Commissioner. The DPCs for the years 2014-15 and 2015-16 should have been conducted in the month of January-14 and January-15 respectively. It is also well pertinent to submit that 2118 posts of temporary Asstt. Commissioner have been created merely for 5 years only for the promotions of the promotee officers, out of which 1½ years have already expired and our officers are forced to retire without promotion despite of thousands of promotional posts being in hand.
(ii). Conducting of single DPC to regularise ad-hoc promotions since 1997 to the post of Asstt. Commissioner in accordance with the rules existing on the date of regular DPC: It is requested to kindly take immediate steps to complete the work as the regularization has been done only upto March, 2002 after 1997. As a special case, a single DPC may kindly be conducted for the purpose in accordance with the rules existing on the date of regular DPC instead of conducting the yearly DPCs.
B (i). Scheme to improve the career prospects of Central Excise Superintendents/Inspectors independent of cadre restructuring to bring parity with common entry counterparts of CSS etc. to retire our officers also in PB-4: Our officers are retiring with single promotion on a PB2 post whereas their counterparts are easily attaining PB4 levels. The Group ‘B’ Gazetted officers of ours join the job as Inspector (Group ‘B’ Non-Gazetted) and retire as Superintendent after getting only one promotion during the entire service career of 35-40 years barring 1%. Their common entry counterparts of other organizations including CSS and CBDT under the same Department of Revenue of same Ministry of Finance are getting 5 to 6 promotions upto the level of Joint Secretary/Commissioner after being recruited through one and the same process in the same grade. The matter was raised before the Cabinet Secretary and he was pleased to recommend to the Cabinet to bring the measures to remove the stagnation of our officers independent of cadre restructuring which was duly approved by the Cabinet but no step has been taken till date even after expiry of more than 1½ years. These officers are totally demoralised having nothing to be job-satisfied or motivated. The rights to grow, make progress and live with dignity have totally been snatched from them. There is no change in the scenario regarding their career prospects despite of the repeated requests and representations made to the administration. Gross injustice is being done to these officers despite of being instrumental with full dedication & commitment to collect the biggest portion of Govt. revenues always above the set targets. It is requested to kindly take immediate steps accordingly to enable our officers also attaining PB4 levels. Temporary posts of Asstt. Commissioner
created in the cadre restructuring are also unable to do the desired good for our officers, that’s why the Cabinet approved bring measures independent of cadre restructuring on the issue of stagnation. These temporary posts will only enable to get around 4% of our officers get JTS post without any right for further promotions.
(ii). Non-functional time scale in PB3 instead of PB2 to Superintendents after 4 years of service like other counterparts of CSS etc.: Our officers have been granted the time scale in PB2 whereas other counterparts including CSS, CSSS, Railways, DANICS, DANIPS, AFHQ, MEA, MPA, CVC, UPSC etc. in PB3. It is requested to kindly take immediate steps to undo the discrimination.
C (i). Initial 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 CBI etc. along with other perks as being granted to the later ones: Our officers are also deprived of the due pay scale/pay band & grade pay in comparison to their analogous counterparts in addition to facing the worst career prospects. Our analogous counterparts of CBI etc. have been granted the pay scale equivalent to the grade pay of Rs. 5400/- in PB3 by the orders of 1996 with retrospective effect since 01.01.86 disturbing the well-established parity by the govt. without the recommendations of CPC and also without any increase in their responsibilities vs. our increased responsibilities. It is requested to kindly undo the discrimination by giving same or better treatment to us in the matter.
(ii) Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay: This circular was issued based on the orders of Jabalpur CAT for the payments of arrears of pay to our officers at par with the CBI Inspectors w.e.f. 01.01.86 but the same is still unimplemented. It is requested to kindly take immediate steps to implement the same. Unfortunately, no action is being taken despite of repeated assurances given by the administration.
(iii) Retrospective implementation of the pay scale revision of the Superintendents at par with NCB: The Superintendents of NCB and Central Excise were the part & parcel of one & the same RRs once upon a time having a common seniority list for being promoted to the same post. The pay scale of the Superintendents of NCB has been upgraded and they have also been granted time scale after 4 years of service based on our precedent. But they have been granted retrospective benefit since 01.01.1996 whereas we have been given prospective benefit since 21.04.04. It is requested to kindly take immediate steps to undo the discrimination.
(iv) Implementation of para 7.15.24 of 6th CPC report: The Chief Enforcement Officers under our own Department of Revenue were placed in the pay scale of Rs. 8000-13500/- without recommendations by CPC vide Order F. No. 1612612004-Ad.I.C dt. 04.10.05. The 6th CPC under para 7.14.25 recommended to maintain parity between the post of Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. Subsequently, the post of Chief Enforcement Officer was re-designated as Assistant Director. The duties and responsibilities of Assistant Director (re-designated) of Enforcement Directorate are at par with the duties and responsibilities of the post of Central Excise Superintendent. The Central Excise Superintendents join in Enforcement Directorate as Assistant Director on deputation basis also. The Govt. (Department of Expenditure) has, however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise Superintendents on 21.11.14 considering para 7.15.24 of the report of VIth CPC but the lower authorities in Expenditure wrote finally vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7th CPC against the approval by the competent authority. It merely shows the willful hostile discrimination against Central Excise Superintendents by the lower rung authorities of Expenditure. It is requested to kindly take immediate steps to undo the discrimination.
D. Next promotion of Central Excise Superintendent to STS post like other group ‘B’ gazetted officers of Central as well as State Governments: The most of the group B gazetted officers of Central as well as State Governments are being directly promoted to a STS post including CSS, CPWD, Railway Board, CSSS, AFHQ, MEA, Rajya Sabha Secretariat, Ministry of Parliamentary Affairs, CVC, UPSC, Enforcement Directorate in the Department of Revenue itself, Forest services, Police services, Engineering services, Administrative Services, State Services etc. while Central Excise Superintendents are being promoted (if any) merely to a JTS post. It is requested to kindly take immediate steps to undo the discrimination as also promised during the presentation made on cadre restructuring on 18.01.11.
E. Batch to batch Non Functional Financial Upgradation to the Central Excise executive officers at par with the best placed counterparts of CSS etc. on the lines of Group ‘A’ vs. IAS: The officers of other group A cadres have been granted financial parity in the form of NFU with the counterparts of IAS but no such measures to grant at least financial parity to the Central Excise Superintendents/Inspectors with the best placed group B counterparts have been taken despite of the revenue targets being achieved by them always above the set targets and also being the most stagnated category of the group B govt. officers. It is requested to kindly take immediate steps to grant them at least financial parity with the best placed group B counterparts in the form of batch to batch Non-functional Financial Upgradation (NFU) based on the precedent of group A for the sake of justice particularly keeping in view the extraordinarily acute stagnation of our officers.
F. Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS: It is requested to kindly take immediate steps to undo the para 8.1 and offsetting of MACP upgradation with time scale and also grant the MACP benefit in the hierarchy of functional promotions particularly based on the various court verdicts. It is worth to mention that our officers are the worst hit category under MACPS as they were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS.
G. Taking measures that no senior officer of Central Excise is forced to work under the junior officer of Customs recruited in the same grade in the same organization of CBEC: The officers recruited as Central Excise Inspector are forced to work under the extreme junior officers recruited as Customs Examiner in the same grade/cadre of Inspector through same process in the same organization of CBEC with same administrative hierarchy and nature of job under the same Department of Revenue of the same Ministry of Finance. It is requested to kindly take immediate steps to undo the discrimination as also promised during the presentation made on cadre restructuring on 18.01.11 by bringing them at par maintaining the relative seniority in accordance of their initial recruitment without reverting back the Customs side officers. Instead, our officers may kindly be brought at par with them in promotions by promoting to respective levels. We wish Customs side officers to get even more promotions but we also request that we also be made at par with them being belonged to same cadre and also recruited through common process.