IN THE 7TH CPC REPORTS IT HAS BEEN INTERALIA MENTIONED THE FOLLOWING:
Central Excise Inspectors
11.18.58
Their hierarchy is as under:
Name of
the Post Grade Pay
Superintendent of Central
Excise/Superintendent of Customs (Preventive) /Appraiser
4800 and 5400 (PB-2) after four years
Inspector (Central Excise)/
Preventive Officer/ Examiner 4600
11.18.59
It has been demanded that the post of Central Excise Inspectors may be upgraded
from GP
4600 to GP 4800 on the pattern of Inspectors of CBI/IB.
Analysis and Recommendations
11.18.60
The Commission notes that similar demand had been made before earlier Pay
Commissions
as well. The V CPC did not consider the two categories comparable. The VI
CPC
recommended GP 4200 and GP 4600 for Inspectors of Central Excise/Customs/Income
Tax and
Inspectors of CBI, respectively. Subsequently, the government, in separate
orders,
upgraded
these pay scales to GP 4600 and GP 4800 for Inspectors of Central
Excise/Customs/Income
Tax and Inspectors of CBI, respectively. It is clear, therefore, that
even
after this upgradation, the Grade Pay of Inspectors of CBI remained higher than
that of
Inspectors
of Central Excise/Customs/Income Tax. The Commission, therefore,
recommends only replacement scales to Inspectors of Central Excise.
Superintendent of Central Excise, Customs and Appraisers
11.18.61
It has been demanded that the post of Superintendents and Appraisers may be
upgraded
from GP 4800 to GP 5400 (PB-3) on the grounds of historical parity between the
gazetted
executive officers of CBI, IB, Central Police Organisations, Enforcement
Directorate,
Customs,
Income Tax and Central Excise.
Analysis and Recommendations
11.18.62 As
reflected earlier, the V CPC had specifically noted that no relativity could be
established
between executive posts in Income Tax and Customs vis-à-vis those existing in
CBI/IB.
The VI CPC had concurred with the view of the V CPC and stated that although
this
particular
observation was made with reference to the post of Inspector, the same cannot
but
hold true
for the next higher posts in the hierarchies of these organisation.
11.18.63
This Commission agrees with the views of VI CPC on the matter of parity. It
also
notes
that the post of Assistant Commissioner, Customs and Central Excise, which is
in the GP
5400
(PB-3) is a promotional post of Superintendent of CBEC. Placing the posts of
Superintendent
of Customs and Central Excise in GP 5400 (PB-3) will disturb the existing
hierarchical
structure. The Commission, therefore, recommends only normal replacement
pay level for Superintendents of Central Excise/Customs and Appraisers of
CBEC.
Promotions of Superintendents
BUT ABOVE FACTS ARE NOT CORRECT ON THE FOLLOWING GROUNDS:-
"The 5th
Central Pay Commission though considered the decision of the CAT, Jabalpur
Bench and also considered the stand of
the Government that according to the pay scale of Rs.2000-3200/- to the
Inspectors of Police Organisations and CBI/IB was in view of the performance of
arduous and hazardous duties by them, it observed that Inspectors in Central
Excise and Customs are not comparable with the Inspectors of Police
Organisations but as far as CBI and IB are concerned having noted the anomaly
in their recommendations at Para 66.119 placed the Inspectors of CBI/IB in the
replacement scale corresponding to Rs.1640-2900/- removing the anomaly at par
with Inspectors of Customs and Excise. In this view of the matter the 5th CPC
had found the Inspectors of Central Excise and Customs and of CBI and IB be
meted them similar treatment.
As regards the recommendation of the 5th CPC in Para 66.118 &
66.119(Vol.III), the Hon’ble CAT, Jabalpur Bench vide OA NO. 45 of 2000 had
observed the following:
“ The contention of the respondents by referring to the recommendations in Para
66.119 is that the applicants have not been found comparable with that of
Inspectors of Police Organisations, we find that the same does not inter-alia,
include the CBI and IB and what has been referred is the Delhi Police and the
CBI and IB do not come within the purview of the Police Organisation and cannot
be treated as such.
A. The Department of Expenditure vide letter No.
3(123) 2008-RTI dated 25.08.2008 while disposing of an application under RTI
had inter-alia classified the following:
“ 5. The recommendation of 5th CPC that the duties of the posts of Inspectors
of Income Tax, Excise and Customs did not have any linkage or parity with the
Inspectors of Police however has to be viewed with reference to their
recommendation in Para 70.64, which state that the “ existing parity between
the scales of pay of Inspectors of IB, CBI and Delhi Police is misplaced and
has no logical basis. Delhi Police is like any other Police force and has
hardly anything in common with IB and CBI or with the Central Police
Organisation”. This observation has to be seen in conjunction with the fact
that 5th CPC while recommending the lower scale of Rs.1640-2900/-(Revised to
5500-9000) for the Inspectors of CBI and IB upgraded the Inspectors of Delhi Police
from the existing scale of Rs. 2000-3200/- to that of Rs. 2000-3500/-.
6. The aforesaid discussion may show that 5th CPC observation that the posts of
Inspectors of Income Tax, Excise and Customs did not have any parity with the
Inspectors of Police was made with reference to the Inspectors of Delhi Police
and not with reference to Inspectors of CBI and IB who were also recommended
only the replacement scale of Rs. 1640-2900/-. This is further exemplified by
the recommendation made by 5th CPC in Para 66.119 which deals with the issue of
parity in pay scales between Inspectors of CBI/IB/IncomeTax/ Customs and
Central Excise and inter-alia mentions that in the context of the
recommendation that the Inspectors of CBI and IB should be placed only in the
replacement scale corresponding to Rs. 1640-2900/-, the analogy no longer holds
good. It may therefore, be seen that 5th CPC established the following clear
principles:
(i) The earlier parity in pay scales between the Inspectors of Income Tax,
Central Excise and Customs and Inspectors of CBI was also endorsed by the 4th
CPC had to be mentioned.
(ii) The Inspectors of Police in Delhi were not comparable with the Inspectors
of Income Tax, Central Excise and Customs or with the Inspectors of CBI and IB.
7. The decision of the Government to place Inspectors of CBI and IB in the
higher scale of Rs.2000-3200 corresponding to the revised pay scale of
Rs.6500-10500/- and to continue them in the said higher pay scale was therefore
not in accordance with the recommendation of 3rd, 4th and 5th Central Pay
Commission. This is all the mere relevant as the 5th CPC had specifically
recorded that the Inspector of CBI and IB are not comparable with the
Inspectors of Delhi and Andaman & Nicober Police Organisation and
recommended downgradation of pay scale of Inspectors of CBI and IB to
RS.1640-2900 corresponding to the revised pay scale of Rs.5500-9000 on par with
Inspectors working under CBDT and CBEC. The situation may also need to be
viewed in light of other development subsequent to the recommendations of the
5th CPC whereby passing on par with the pay scales obtaining in Delhi Police
was extended in the central Police Organisations even though the 5th CPC had
specifically observed that like CBI and IB, even central Police organisation
could not be stated to be comparable with Delhi Police. The demand of higher
pay Scales of Income Tax, Central Excise, Customs on par with the Inspectors of
CBI, IB as well as the Central Police Organisations may therefore need to be
viewed in light of the aforesaid facts.”
“ 10. It may also be mentioned that
simultaneously the issue had also been agitated by All India Federation of
Central Excise Executive Officers before Jabalpur Bench of CAT vide OA NO.45 of
2000, where in grant of Pay Scales at par with CBI and IB had been demanded.
The Tribunal in concluding Para of their judgement dated 22.03.2002 had
observed as under:
“In the result, we find the action of the Government to deny the applicants pay
Scale at par with those of Inspectors of CBI/IB as violative of Article-14 and
16 of the constitution of India. However we refrain from ordering accord of any
scale to the applicants and in this view of the matter the OA is disposed of with
the direction to the respondents to reconsider the claim of the applicants for
being accorded the pay scale at par with the Inspectors of CBI and IB having
regard to the observations made above by us and to take a final decision by
passing a detailed and speaking order within a period of three months from the
date of receipt of a copy of this order. No cost.
11. This judgement of CAT was sent to Ministry of Law regarding feasibility of
filing an appeal. Department of legal Affairs vide their advice on page
43-44/n-ante while observing that no infirmity existed in the aforesaid
judgement had also stated. “ It is a recorded fact that similarity of the pay
scale was recommended by the HPC committee also. But the same could not find
favour for consideration by the Government, reasons best known to it. When the
fact is admitted that the nature of the Inspectors of Excise are arduous
comparatively with those of CBI and IB, those appears no reasons as to why they
should not be provided the same scale and it appears that it may involve
Article 14 and 16 of the constitution.” ( Article 14 and 16 of the constitution
deal with Equality before law and Equal opportunity in matters of public
employment). No appeal was filed against this order”
C.
As regards nature of duties and discharge of liability, educational
qualifications and mode of recruitment, the Hon’ble Tribunal Jabalpur found from the record that the Ministry of
Finance, department of revenue by their letter dated 27.10. 1995 wrote to the
5th CPC that the duties and responsibilities performed by the applicants are
more arduous and hazardous than the Inspector of Delhi Police and CBI and
recommended parity in the pay scale. The
5th CPC recommended for placing the Inspectors of CBI/IB in the replacement
scale of Rs.1640-2900 at par with Inspector of central Excise, with an
intention to remove the pay anomaly which was created since 1986.
The Hon’ble CAT observed that eligibility, educational
qualification, nature of duties and responsibilities as well as professional
skills, the Inspectors of Customs and central Excise have been found at par
with the Inspectors of CBI and IB.
The High power committee had also recommended that since there has been no
alteration in the duties of the Inspectors falling in two categories it is
reasonable to expect that the Inspectors of CBEC/CBDT should be given a
replacement scale of Rs.2000-3500 at par with the Inspectors of CBI/IB whose
duties and responsibilities are comparable.
The
department of Expenditure vide letter No. 1148/Dir(A)/2008 dated 08.12.2008
while disposing one RTI application had inter alia stated the following:
“(i) Point
No.1. Based on the recommendations of the committee set-up by
the Department of Revenue, the pay scale of the Inspectors and
superintendents of central Excise in the central Board of Excise and Customs
under department of revenue were upgraded vide O.M. No. 6/37/98 dated
21.04.2004 with a view to mention their relativity with
corresponding posts in CBI/IB.”-
THEREFORE IT SHOULD BE DEMANDED FOR FORMATION OF AN ANOMALY COMMITTEE TO DECIDE THE PAY ANOMALY.
