ALL INDIA ASSOCIATION OF
CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for
communication: Secretary General:
R. Chandramouli 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi Malik
Mob. 08939955463 mail Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob. 09868816290
Vice Presidents: P. Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi
(North); N. Raman, G. Srinath (South); B. K. Sinha, Ashwini Majhi (East);
Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand Kishore, J.
S. Iyer (Central); R. K. Solanki, Ashish Vajpeyi (North); M. Nagaraju,
Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East); Jasram Meena, M.
K. Mishra (West) Office Secretary: C. S. Sharma Treasurer: N. R.
Manda Liaison Secretary: A. S. Kundu
Coordinator on Telangana: P. Shravan
Kumar
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 21/M/16
Dt. 22.02.16
To,
The Cabinet Secretary,
Govt. of India, Rashtrapati
Bhawan,
New Delhi.
Sub: Call of dharna by CCGGOO on
25.02.16 at Jantar Mantar in Delhi.
Sir,
Kindly
refer to the notice numbered Confederation/corres/1015-16/11 Dt. 12.02.16 of
the Confederation of Central Government Gazetted Officers’ Organisation calling
dharna at Jantar Mantar in Delhi on 25.02.16.
2. Despite of this organization not being their
constituent member on account of having different cause, it is submitted with
due regards that we have all support for their cause. It is also worth to
submit that the Pay Commission somewhere said that the issue was not agreed by
the earlier pay commission/s, somewhere said that the issue was not recommended
by the department and somewhere that the issue was refused by the department.
Such type of observations made by the CPC show that they were totally
non-considerate & pre-determined not to give any benefit to our officers
despite of the impression given by them during the discussions/meetings that
they were going to give something extra to the Revenue Department. If things
were to be refused on the pretext of not being recommended by the earlier pay
commission/s or department, there was no need to set up this commission. They
even didn’t consider the things duly recommended by the department.
3. However, it is also worth to submit that the govt. is
very well empowered to give any benefit to its employees even without the
recommendations by the CPC as done in the case of CBI, Enforcement Directorate
etc. The officials of CBI, Enforcement Directorate (in our own Department of
Revenue) etc. were granted higher pay scales and even extra monthly salary
without any recommendation from any CPC. 4.
The CPC has also recorded the factual position wrongly at many places like
mentioning of the grade pay of CBI Inspector as Rs. 4800/-. Factually,
the CBI Inspectors and Central Excise Inspectors are in the same grade pay of
Rs. 4600/- till date.
5 (i). The factual
position regarding the stagnation of Central Excise Superintendent has
also been recorded incorrectly by the CPC. At present, the sanction strength of
Group ‘B’ Non Gazetted is 25203 and Group ‘B’ Gazetted is 19108 in CBEC. The
sanction strength of Asst. Commissioner (promotional post for Group ‘B’
Gazetted) is 1249 (only less than 40% is going to promotees as promotion is
granted on vacancy basis. Central Excise stream is getting even less than
Customs stream on account of Customs officers being promoted at younger age
because of promotion being again granted on vacancy basis). The temporary
Asstt.Commissioner posts will be abolished during 2018 as per Cabinet approval.
Even if these temporary posts are taken into account, the total Asstt. Commissioner
posts for promotees come around 2700 against the sanction strength of feeder
posts as 19108 and sub-feeder posts as 25203. Thus, 2700 promotional posts can
no way solve the stagnation problem of 44311 officers.
5 (ii). Moreover, service rendered in these temporary
posts will not be counted for further promotion. The officers working against
these posts will be reverted back to feeder post as soon as five years are
completed as per the draft rules circulated by CBEC. Thus, the assumption of
the CPC that creation of 2118 temporary posts of Asstt. Commissioner would
provide adequate career progression is totally misplaced. This is
the only reason that the cabinet/CRC/Cabinet Secretary recommended to take
extra measures to remove stagnation of group ‘B’ Central Excise Executive
officers independent of cadre restructuring.
5
(iii). The version of CPC on direct recruit quota is also not correct. There is
already a quota of only 25% for direct recruitment of group ‘A’ officers in
Indian Postal Service. Not only it, the reduction in the direct recruitment
quota will have positive effect on the status of IRS (C&CE) as an organized
Group ‘A’ Service instead of any adverse effect. If the direct quota is not
reduced, the stature of group ‘A’ service be distorted and a day will come when
the Chairman of the CBEC and Asstt. Commissioner will belong to one and same
batch. Thus, reduction of direct quota in group ‘A’ is not only required to
improve the career prospects of group ‘B’ officers but also required to protect
the character of group ‘A’ service. Actually,
at least half of regular and all of temporary posts of Asstt. Commissioner are
required to be converted to the post of Deputy Commissioner meant for the
promotee officers with the provision to promote group ‘B’ gazetted executive
officers direct to STS post like many other places after placing the Central
Excise Superintendent under an initial grade pay of Rs. 5400/- in PB3 or
equivalent pay scale at par with the counterparts of CBI, IB etc.
6. Special allowances as available to CBI, IB, Police
etc. are also required to be granted at least @25% of salary per month to the
revenue/tax officers working in CBEC alongwith 13 months salary in the year and
other perks/benefits.
7. Pay Commissions always worked to merge the pay scales.
The creation of Grade Pay of Rs. 5400/- in PB2 and PB3 by 6th CPC was
illogical, unjustified and a gross mistake. This led to discrimination,
resentment and consequential litigations. It was expected that this CPC would
remove this disparity by merging of this bifurcation of single grade pay but,
very unfortunately, the CPC has retained the same as Level 9 and Level 10. The
same is required to be merged at
Level 10.
8 (i). PAY SCALE FOR CENTRAL EXCISE
SUPERINTENDENT: Central Excise
Superintendent is not only engaged in investigations & intelligence work
but also performing judicial duties (unlike Police/CBI/IB). Govt. enhanced pay
scale of DSP of CBI, analogous post to Central Excise Superintendent, during
1996 to Rs. 2200-4000/- (Grade
Pay of Rs. 5400/- in PB3) without recommendations
of CPC retrospectively w.e.f. 01.01.86 without any increase in their duties &
responsibilities vs. increased responsibilities of Central Excise
Superintendent. DCIO of IB, another analogous
post, was also placed in the
same pay scale since 1996 again without any increase in their duties &
responsibilities. New higher responsibilities of judicial nature have
been conferred upon Central Excise
Superintendents vide Circular No. 922/12/ 2010-CXissued vide F.
No. 208/2/2009-CX-6 Dt. 18.05.10 and130/12/2010–ST
issued
vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10by making due amendments in relevant Act very well
after implementation of 6th CPC report. They have also been
conferred with new higher technical/scientific responsibilities of ACES since
2010 very well after the implementation of 6th CPC report. The claim of Superintendents becomes even stronger on
account of recording statements like a Magistrate under
Section 14 of Central Excise Act & Section 108 of Customs Act having
validity even before Supreme Court. No
such responsibilities have been conferred upon any counterpart of them.
Not only it, the Adjudication Orders are also being prepared by them for the
Commissioner level officers {C.No.
II-3(3)Estt/T&P/Supdt/D-II/2015/4324 Dt 10.08.15}. They are also
conferred with the new additional responsibilities every year in the Finance
Bill (Budget).
8 (ii). A pay scale of Rs. 2500-4000/- (replaced to Rs.
7500-12000/-) against Rs. 2200-4000/- of DSP of CBI/DCIO of IB (replaced to Rs.
8000-13500/-) was recommended by HPC for Central Excise Superintendent. Thus, a
pay scale of Rs. 7500-12000/- was approved by Expenditure Department and
finally granted to Central Excise Superintendent instead of Rs. 8000-13500/- or
higher than it despite of the admission by Expenditure Department Under RTI
that the pay scale of Central Excise Superintendent was enhanced to grant them
parity with DSP of CBI/DCIO of IB. Contrary to it, Central Excise
Superintendent was not given the said parity and was granted merely a lower pay
scale of Rs. 7500-12000/- instead of Rs. 8000-13500/- (pay scale of DSP of
CBI/DCIO of IB, now grade pay of Rs. 5400/- in PB3). Not only it, DSP of CBI
etc. are also paid 25% per month extra salary and also 13 months salary in the
year.
8 (iii). Govt. enhanced pay scale of DSP of CBI
considering them as Police Organisation while Hon’ble CAT as well as Vth CPC
didn’t agree to consider CBI as Police Organisation. However, Special
Police Establishment (Executive Staff) Recruitment Rules and CBI
Recruitment
Rules, 1987 consider department of
Central Excise as a Police Organisation. Section 21 of Central Excise Act and Section 53 of NDPS Act confer
powers of Officer-in-Charge of Police
Station on Central Excise officers.
Not only it, the Central Excise personnel are also deployed on International
borders, International Airports and International Sea Ports. These personnel
have suffered heavy casualties while dealing with trans-border criminals and
countering with dreaded smugglers. In fact in J & K, North Eastern states
and other border areas of India, Central Excise personnel are deployed side by
side with Army, BSF, CRPF and ITBP on the same location. The Govt. declared before the Vth CPC that
Executive Officers of Central Excise are uniform bearing officers and are
performing more arduous & hazardous duties than executive officers of CBI
& IB etc. Raja Chellia Committee also recommended higher pay scales for
executive officers of taxation department. Revenue officers throughout world
are also better placed than others in r/o pay matters & career prospects.
Despite of the fact that service conditions of Central Excise personnel are
akin to Police Organisations, CBI/IB and Defence Armed Force personnel, they
are not compensated with any additional incentives or allowances as in the case
of CBI, IB, Police, Army etc. Also as per the OM issued vide F. No. 8/B/90/HRD
(HRM)/2011 (Part-I)/4853 Dt. 21.10.14 and No.C.30013/11/2011-Ad.IV.A
Dt.02.08.13 of the Govt. of India, the Central Excise Superintendents perform their
duties in the nature and style of ‘Military’ and ‘Navy’.
8 (iv). For a pay
increase of mere Rs. 200/-, Central Excise Inspector has to wait for 18 years
on an average (even upto 25 years in stagnated zones) before being promoted to
post of Superintendent with GP of Rs. 4800/- in PB2. Whereas in case of CBI/IB,
analogous Inspectors are being promoted to post of DSP/DCIO with GP of Rs.
5400/- in PB3.
8 (v). The Inspectors (feeder posts) of
Central Excise and CBI/IB have already been placed at par in a grade pay of Rs.
4600/- but promotional posts, i.e., Central Excise Superintendent (GP-Rs.
4800/-) and Deputy Superintendent of CBI/DCIO of IB (GP-Rs. 5400/- in PB3) yet
to be placed at par. Hence, both promotional posts (Central Excise Superintendent & DSP of CBI/DCIO of IB), being
analogous, may also kindly be placed under
equal pay scale to undo the disparity by placing Central Excise Superintendent in a pay scale equivalent to a grade pay of
Rs. 5400/- in PB3. It is also worth to submit that
the Expenditure Department had already agreed to grant a grade pay of Rs.
5400/- in PB2 to our Superintendent in consonance of the para 7.15.24 of the
report of 6th CPC.
8 (vi). Grade Pay of Rs. 5400/- (PB2) was granted to
Superintendents of Posts and Revenue by the Govt. as non-functional time scale
after 4 years of service. They were placed at par by the 6th CPC.
The Superintendents of Posts have now been recommended to be placed in
replacement scale of Rs. 5400/- in PB2.
However, the benefit of enhanced Grade Pay of Rs. 5400/- in PB2/PB3 in
replacement has been denied to the Superintendents of Central Excise. By doing so, similarly placed posts as per
the 6th CPC are now proposed to be placed at two different levels in the
revised pay matrix. This anomaly is also
required to be removed.
8 (vii). Plea by
group ‘B’ gazetted officers for grant of GP of Rs. 5400/- in PB3 has been
turned down stating that it is group ‘A’ entry scale. That being the case, how
could group ‘C’ post of Inspector of CBI be upgraded to GP of Rs. 4800/- while
several group ‘B’ gazettted cadres are still in GP of Rs. 4600/-. Moreover once
upon a time, the feeder post of Assistant and promotional post of Section
Officer were placed in the same pay scale in CSS. Likewise, feeder and
promotional posts were being placed in the same pay scale in Audit and Accounts
services. Accordingly, there should not be any problem to place the
Superintendent and Asstt. Commissioner in the same pay scale. This problem may, however, be solved in
more amicable manner by promoting the Superintendent directly to STS post like
many of other counterparts or even making the group ‘A’ entry at Level 11
(equivalent to GP of Rs. 6600/-).
8 (viii). It is also a fact that
pay of any Assistant Commissioner (direct) will always be less than that
of a Superintendent irrespective of their grade pays (4800/- or 5400/-) on
account of acute stagnation at Inspector and Superintendent level. So, there
should be no problem and accordingly requested to place Central Excise Superintendent
under a grade pay of Rs. 5400/- in PB3 and then promote to the post of Deputy
Commissioner in a grade pay of Rs. 6600/- instead of being promoted to the post
of Asstt. Commissioner.
9. DIRECT
PROMOTION TO STS POST: The most of group ‘B’ gazetted officers in Central as well
as State governments are being promoted directly
to a Senior Time Scale (STS) post with Grade Pay of Rs. 6600/- in PB-3 including CSS, CPWD, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA,
MPA, Rajya Sabha Secretariat, Enforcement Directorate in Revenue Department itself, Forest services, Police services,
Foreign Services, Engineering services, State services etc., whereas
Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with Grade Pay of Rs.
5400/- in PB-3. Central Excise Superintendents may also kindly be promoted
directly to a STS post. They may further be
promoted to the post having the grade pay of Rs. 8700/- (like CPWD where group
‘A’ direct entry is also in a grade pay of Rs. 5400/- in PB3 like us) from STS
post keeping in view their extraordinarily acute stagnation. This point of promotion to STS was also appreciated and
agreed by the Hon’ble Commission in Mumbai hearing but not recommended.
9 (ii). The weightage
of service rendered in group ‘B’ may also kindly be given to Central Excise
Superintendents by granting seniority at least of 1 year for every 3 years at
the time of entry into group ‘A’. This weightage of group ‘B’ service was also recommended
by IIIrd CPC and already exists for group ‘B’ officers entering into All India
Services on promotion. Group ‘B’ officers in Sates and Group ‘A’ All India
Service Officers are recruited in the same grade pay of Rs. 5400/- in PB3 and
get next promotion to same post in grade pay of Rs. 6600/- like in CPWD where
group ‘B’ officers (GP-Rs. 4600/-) and direct entry group ‘A’ officers (GP of
Rs. 5400/- in PB3) both are promoted to same post in the grade pay of Rs.
6600/-.
10. UNIFORM
PROMOTIONAL HIERARCHY: Promotional hierarchy is varying department to
department in the Central Govt. as under-
i)
Somewhere Group ‘B’ Gazetted Officers are promoted to a Grade Pay of Rs. 5400/-
in PB3(CBEC, CBDT, Postal Department etc.) whereas they are being promoted to a
Grade Pay of Rs. 6600/- at other places (CSS, Railway Board, CSSS, CPWD, AFHQ,
CVC, UPSC, MEA, MPA, Rajya Sabha Secretariat etc.).
ii)
Somewhere Group ‘B’ Non-Gazetted Officers are promoted to a Grade Pay of Rs.
5400/- in PB3 whereas they are being promoted to a Grade Pay of Rs. 4800/- or
Rs. 4600/- at other places.
iii)
Somewhere promotional hierarchy is 4600à6600à8700 (CPWD etc.).
iv)
Somewhere promotional hierarchy is 4600à4800à6600à7600à8700 (CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, Rajya Sabha
Secretariat etc.).
v)
Somewhere promotional hierarchy is 4600à5400à6600à7600à8700 (CBI, IB, Hindi departments etc.).
vi)
Somewhere promotional hierarchy is 4600à4800à5400à6600à7600à8700 (CBEC, CBDT, Postal Department etc.).
10
(ii). So, promotional hierarchy after entry into group ‘B’ may kindly be made
uniform for sake of justice to all. Posts under grade pays of Rs. 5400/- &
6600/- and also Rs. 7600/- & 8700/- being functionally same, ideal
promotional hierarchy for all after entry into Group ‘B’ may only kindly be
“4600à6600à8700à10000” on the pattern of CPWD. Officer may kindly be promoted,
functionally or non-functionally, after the completion of residency period as
prescribed by DOPT vide OM No. AB. 14017/61/2008-Estt. (RR) Dt. 24.03.09. It is
7 years for 4600/- to 6600/- and 10 years for 6600/- to 8700/- and further 3
years for 8700/- to 10000/- and so on. This
point of uniform promotional hierarchy was also appreciated and agreed by the
Hon’ble Commission in Mumbai hearing but not recommended.
11 (i).
INTRODUCTION OF FLEXIBLE / DYNAMIC
PROMOTION / COMPLEMENTING SCHEME: This scheme was introduced for the
Scientists in the Department of Science & Technology to remove their
stagnation. Benefit of this scheme has also been given to Drivers. Central
Excise Superintendents are retiring with single promotion on a PB2 post in
career of 35-40 years whereas their common entry counterparts of Customs, CBDT,
CSS etc. are easily entering into PB4 with 5-6 promotions. Central Excise
Superintendents are also forced to work under their extreme juniors of Customs
(Examiners) belonging to one & same cadre of Inspector and recruited
through one & same process under one & same organization of CBEC in one
& same department of Revenue of one & same Ministry of Finance with one
& same administrative hierarchy. Examiner of 1984 has already become Addl.
Commissioner (GP-Rs. 8700/- in PB4) after getting 5 promotions whereas the
Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of
Asstt. Commissioner (GP-Rs. 5400/- in PB3). So, Central Excise Superintendents
may kindly be granted at least 5 in-situ promotions in standard hierarchy
(as mentioned under the preceding para) of functional promotions under flexible/dynamic promotion/complementing
scheme or in-situ
promotions/non-functional upgradation on completion of residency periods as
prescribed by DOPT under OM dated 24.03.2009 after joining as Inspector
particularly keeping in view their
extraordinarily acute stagnation.
11
(ii). Formulation of a scheme enabling these officers also entered into PB4
levels (at least a GP of Rs. 8700/-) like their common entry counterparts of
CBDT, CSS, Customs etc. is the demand of the time as Central Excise
Superintendents are getting salary less than even the pension of their
counterparts.
12
(i). BATCH TO BATCH NON FUNCTIONAL FINANCIAL UPGRADATION TO CENTRAL
EXCISE EXECUTIVE OFFICERS AT PAR WITH THE BEST PLACED COUNTERPARTS AFTER ENTRY
INTO GROUP ‘B’ NON-GAZETTED OR EQUIVALENT GRADE: All organised group
‘A’ officers recruited with IAS, best
placed group ‘A’ service, recruited in same pay scale through common entry have
been granted financial parity with counterparts
of IAS in the form of non-functional financial up-gradation vide DOPT OM
No. AB.14017/64/2008-Estt.(RR) dt.24.04.09 to compensate lack of promotions as
compared to IAS. This scheme was introduced by the VIth CPC for group ‘A’
officers to compensate financial loss in comparison to counterparts of IAS.
Particularly keeping in view the extraordinarily acute stagnation, Central
Excise Superintendents may also kindly be granted non-functional financial
up-gradation at par with their best placed common entry counterparts like CSS
etc. (recruited in same pay scale through common entry examination)after entry
into Group ‘B’ or equivalent grade.
12
(ii). This NFU was also recommended to
the Pay Commission by the department vide F. No. 8/B/70/HRD (HRM)/2014 Dt.
16.01.14 but, unfortunately, they kept mum on the issue.
13. TIME SCALE (after 4 years of service) in PB3:Time scale has been granted
in PB3 to other counterparts including CSS, CSSS, Railways, DANICS, DANIPS etc.
since 1996 while it is merely in PB2 for Central Excise Superintendents since
2006. Central Excise Superintendents were
placed in pay scale of Rs.7500-12000 w.e.f. 21.04.04 while officers of CSS
& CSSS etc. were placed in equivalent scale w.e.f. 01.01.06 justifying
stronger claim for Superintendents for time scale in PB3 w.e.f. date of grant
of same to officers of CSS & CSSS. Claim of Superintendents becomes even
stronger on account of quasi-judicial responsibilities conferred upon them to
adjudicate relevant cases and recording statements like a Magistrate under
Central Excise Act & also Customs Act having validity even before Supreme
Court. Not only it, Adjudication Orders are also being prepared by them for
Commissioner level officers. No such responsibilities have been conferred upon
any other counterpart. They are also conferred with technical & scientific
responsibilities under ACES. It is also worth to submit that the pay scale of
the Assistants & Section Officers etc. of CSS was enhanced to grant them
parity with Inspectors & Superintendents of Central Excise {F.No.
61(128)/E.III(B)/2012 Dt. 08.08.13}. Now, it is discriminating not to grant the
time scale in PB3 to the Central Excise Superintendents at least at par with
the Section Officers of CSS, CSSS etc. w.e.f. 01.01.96. It is requested to undo
the said discrimination by granting a time scale of Rs. 5400/- or 6600/- in PB3
to the Superintendents.
14.
Positive consideration of all of above submissions is very much requested to
create the feeling of job-satisfaction among our officers particularly when
they are always collecting the govt. revenue above the set targets on regular
basis. The pay commission didn’t like to appreciate the representation made by
the Association despite of being recommended to them by the department. It is
also requested to give an appointment
to the Association to make due submissions in person supported with the due
documents.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
