Dear friends,
namaste.
A meeting was held with the Nodal Officer of Revenue Department yesterday on 07.04.16 on the issues relating to the report of 7th Central Pay Commission. The meeting was held in a very cordial manner. He listened everything, gone through the representation and made due discussions during the patient meeting. He appreciated our points and was requested to forward the same to the Empowered Committee. The submissions made to him are attached herewith.
Love,
RAVI MALIK,
Secretary General,
AIACEGEO.
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. 40/M/16
Dt. 07.04.16
To,
Shri Udai Singh Kumawat,
Joint
Secretary & Nodal Officer for CPC (Revenue)
Department
of Revenue, New Delhi.
Sub: Case of Central
Excise Superintendents to be placed before the Empowered Committee of
Secretaries constituted to consider the recommendations of 7th CPC.
Sir,
Kindly refer to the Ref. No. 32/M/16 Dt. 11.03.16 of the
Association.
2. It is submitted with due regards 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 the employees. 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. As far as we are concerned, nothing has been done for our
officers despite of the promise made by the CPC during the discussions/meetings
that they were going to give
something extra & special to the officials of Revenue Department and
Defence forces. No need to say that the Revenue officials throughout
world are granted higher wages and also better career prospects than other
govt. employees to ensure highest level of job-satisfaction and resist
temptations and also to attract & retain the best brains. So, attractive
salaries & perquisites as well as promotional avenues may kindly be granted
to officers and staff of revenue department in view of the most important work
function of revenue collection being performed by these officials for the govt.
Our officers are not only collecting the highest share of govt. revenue every
year above the revenue targets but also looking after security of the country
by countering with dreaded smugglers, hard core criminals and drug
traffickers.
4. It is also worth to submit that
the govt. is well empowered to give any benefit to its employees even without
the recommendations of 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 extra monthly salary without
any recommendation from any CPC.
5. 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 as well as Central Excise Inspectors are placed
in the same grade pay of Rs. 4600/- till date.
6. The factual position regarding the stagnation of Central Excise
Superintendents has also been recorded incorrectly by the CPC. The fact is that
the service rendered in the temporary posts of Asstt. Commissioner 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.
7. 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. The DOPT has also recently
asked the various Ministries and Departments to limit the direct recruit quota
of group ‘A’ only upto 3% of the sanctioned strength vide DO No.
I-11019/13/2015-CRD Dt. 22.01.16.
8. 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.
9. 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 merger 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. Merger of Level 9 and 10
has also been recommended by the CBEC to the Revenue Hqrs.
10 (i). PAY SCALE FOR CENTRAL EXCISE
SUPERINTENDENT: 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 (A-1)
and130/12/2010–ST issued
vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10 (A-2)
by 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 Central Excise Superintendents for the
Commissioner level officers {C.No.
II-3(3)Estt/T&P/Supdt/D-II/2015/4324 Dt 10.08.15} (A-3). They are also
conferred with the new additional responsibilities every year in the Finance
Bill (Budget). Unfortunately, the CPC kept mum on all of above facts.
10 (ii). Despite of the admission by Expenditure Department Under
RTI (A-4) that the pay
scale of Central Excise Superintendent was enhanced to grant them parity with
DSP of CBI/DCIO of IB, 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/- or equivalent (pay scale of DSP of CBI/DCIO of IB).
10 (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. 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 (A-5) of the Govt. of India,
the Central Excise Superintendents perform their duties in the nature and style
of ‘Military’ and ‘Navy’. But again unfortunately, CPC paid no heed to the
above facts.
10 (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.
10 (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) are 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 (A-6)
to our Superintendent in consonance of the para 7.15.24 of the report of 6th
CPC.
10 (vi). 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/- keeping several group ‘B’ gazettted cadres
in GP of Rs. 4600/- and 4800/-. 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. Group ‘B’ officers in Sates and
Group ‘A’ All India Service Officers are also recruited in the same grade pay
of Rs. 5400/- in PB3 and get next promotion to same post in grade pay of Rs.
6600/-. Accordingly, there should not kindly be any problem to place
the Superintendent and Asstt. Commissioner in the same pay scale. This problem may, however, also be solved
by promoting the Superintendent directly to STS post like many other
counterparts or even making the group ‘A’ entry at Level 11 (equivalent to GP
of Rs. 6600/-).
10 (vii). It is also a fact that pay of any Assistant Commissioner (direct)
will always be less than a Superintendent 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. The CBEC has also
recommended for the grant of a Grade Pay of Rs. 5400/- in PB3 for Central
Excise Superintendents to Revenue Hqrs.
11 (i). 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 GP 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 GP of Rs. 5400/- in PB3 like CBEC)
from STS post keeping in view their extraordinarily acute stagnation. It is
also worth to submit that the posts in GP of Rs. 5400/- & 6600/- and Rs.
7600/- & 8700/- are functionally same. This point of promotion to STS was also appreciated and
agreed by the Pay Commission in Mumbai hearing but not recommended.
Direct promotion to STS has also been
recommended by CBEC to the Revenue Hqrs for Central Excise Superintendents.
11 (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. It is reiterated that 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/- in CPWD
giving weightage of service to group ‘B’ officers.
12 (i). 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, Department of Posts 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 (CBI, IB, Hindi departments etc.) whereas they
are being promoted to a Grade Pay of Rs. 4800/- or Rs. 4600/- at other places
(CBEC, CBDT, Department of Posts, CPWD etc.).
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, Department of Posts etc.).
12 (ii). So, promotional hierarchy after entry into group ‘B’
may kindly be made uniform for the 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 Pay
Commission in Mumbai hearing but not recommended. The CBEC has also recommended to Revenue Hqrs for the uniform
promotional hierarchy across all the Departments/Ministries under the Govt. of
India.
13. 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.
The introduction of this scheme for Central Excise Superintendents was also
agreed by the Pay Commission in Jodhpur meeting but not recommended. The CBEC has also recommended this scheme
to Revenue Hqrs for removal of alarming stagnation of Central Excise
Superintendents and Inspectors.
14. 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 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. 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 (A-7) but, unfortunately, they
kept mum on the issue despite of being agreed in Jodhpur meeting. It has again
been recommended by CBEC to the Revenue Hqrs for our officers.
15. 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 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 of them. 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.
16.
AT LEAST 40%
INCREASE IN PAY & ALLOWANCES INSTEAD OF FITMENT FACTOR OF 2.57: Common fitment factor of 2.57 is not
giving benefit to all employees in equal proportion. There is no benefit to the
employees at the levels of GP of 4200/-, 5400/- in PB2 and 8700/- in PB4.
Therefore, increase in pay & allowances in uniform proportion of 40%
instead of fitment factor of 2.57 is requested for the sake of justice to all.
17. UPGRADATION ON COMPLETION OF RESIDENCY PERIOD AS PRESCRIBED
BY DOPT FOR GRADE TO GRADE PROMOTIONS: Residency
periods have been prescribed by the DOPT for promotion from one grade to
another vide OM Dt. 24.03.2009. No need
to say that the same have been prescribed by DOPT with due diligence and
application of mind. It is requested to grant non-functional
upgradations/in-situ promotions on completion of residency periods as
prescribed by DOPT under OM dated 24.03.2009 to Central Excise Executive
Officers after entering into Inspector grade particularly keeping in view their extraordinarily acute
stagnation. This
was also agreed by the Hon’ble 7th CPC in Delhi meeting but kept mum
in the report.
18. 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. The point-wise submissions in the form of table and the
recommendations of CBEC are also enclosed herewith.
Thanking you,
Yours faithfully,
Encls: (1) Points in the form of table (Encl-I).
(2)
Recommendations of CBEC (Encl-II).
(3) A-1 to A-7.
(RAVI MALIK),
Secretary General.
|
Sl. No.
|
Demand
|
Para No. & Recommendation
of CPC Report
|
Comments by Association
|
|
1
|
Higher Salary for Revenue officials
|
11.18.32: No doubt, revenue generation is
an important segment of the government functioning. However, in the
government system, working in a particular segment does not become the basis
for determining pay. The Commission does not consider this demand justified.
|
Revenue officials throughout world are granted higher wages and also
better career prospects than other govt. employees to ensure highest level of
job-satisfaction and resist temptations and also to attract & retain the
best brains. So, attractive salaries & perquisites as well as promotional
avenues are required to be granted to officers and staff of revenue
department in view of the most important work function of revenue collection
being performed by these officials for the govt. Recommendations of the CPC
on this point are also totally opposite to the promise made by them during
the discussions/meetings that they were going to give something
extra/specific to the revenue officials.
The Hon’ble Chairman of 7th
CPC was also pleased to confirm in Jodhpur meeting that revenue and defence
officials would be given special treatment but kept mum in the report for
revenue officials.
|
|
2
|
Superintendent grade posts in CBEC should
be granted parity with DSP of CBI,
DCIO of IB, counterparts of CPOs etc.
|
11.18.58 to 11.18.63: Grade Pay of
Inspector in CBI has remained higher than that of Inspector CE/Customs/Income
Tax. Therefore, the Commission recommends only replacement scale to Inspector
Central Excise. In case of Superintendent level posts in CBEC, the Commission
recommends only normal replacement pay level for Superintendent of Central
Excise/ Customs and Appraisers in CBEC.
|
Inspector and Superintendent grade posts in the CBEC have been
analogous and at par with the posts of Inspectors and DSP/DCIO in CBI/IB.
Factual position has been recorded incorrectly by the CPC regarding the pay
scale of the Inspector level officers that CBI Inspector is already getting a
grade pay of Rs. 4800/-. The fact is that both categories of Inspector
(Central Excise and CBI) are getting a grade pay of Rs. 4600/-.
Till 7.2.1996, the
pay scale of both promotional posts (Central Excise Superintendent and DSP of
CBI) was same, i.e., Rs. 2000-3500/-. However, the Govt. of India vide OM
dated 08.02.1996 enhanced the pay
scale of DSP of CBI to Rs. 2200-4000/- retrospectively w.e.f. 01.01.1986
without recommendations of CPC and also without any increase in their
responsibilities. The feeder posts of
Inspectors of both categories have already been brought at par in the grade
pay of Rs. 4600/- by the Govt. of India. Now, it is gross injustice not
to bring the promotional posts (Central Excise Superintendent and DSP of CBI)
at par particularly when the govt. (department of expenditure) also admitted
under RTI that pay scale of Central Excise Superintendent was enhanced to Rs.
7500-12000/- to grant them parity with the DSP of CBI/DCIO of IB. Accordingly,
the pay scale of Central Excise Superintendent should have been enhanced to
Rs. 8000-13500/- instead of Rs. 7500-12000/-. The Central Excise
Superintendents have been ignored despite of new and higher
responsibilities of judicial nature conferred upon them very well
after the implementation of 6th CPC report vide Circular
No. 922/12/ 2010-CX issued
vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt.
20.05.10 by making due amendments in relevant Act. They have also been conferred with new and higher responsibilities
of technical/scientific nature in 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}.
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 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. 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’.
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-Rs. 4800/- in PB2. Whereas in case of CBI/IB, analogous Inspectors
are being promoted to post of DSP/DCIO with GP-Rs. 5400/- in PB3.
It is reiterated that 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) are 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 nodal authority of Expenditure Department had already approved 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 to grant them parity with Chief
Enforcement Officer but lower authorities of expenditure misled the CBEC on
the pretext of referring it to the VIIth CPC. The pay scale of Chief
Enforcement Officer was enhanced without recommendations of CPC and they are
being paid 25% extra salary per month also without the recommendations of
CPC. DSP of CBI etc. are also being paid 25% per month extra salary and also
13 months salary in the year.
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/- keeping several
group ‘B’ gazettted cadres 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. Group ‘B’ officers in Sates and Group ‘A’ All India
Service Officers are also recruited in the same grade pay of Rs. 5400/- in
PB3 and get next promotion to same post in grade pay of Rs. 6600/-. It
is also a fact that pay of any
Assistant Commissioner (direct) will always be less than a Superintendent on
account of acute stagnation at Inspector and Superintendent level. 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 by promoting the Superintendent directly to
STS post like many other counterparts or even making the group ‘A’ entry at
Level 11 (equivalent to GP of Rs. 6600/-). It is worth to mention that our officers are not only collecting the
highest share of govt. revenue every year above the revenue targets but also
looking after security of the country by countering with dreaded smugglers,
hard core criminals and drug traffickers. The GP of Rs. 5400/- in PB3 for Central Excise Superintendents has also
been recommended by CBEC.
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3
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Superintendent level officers should be
promoted directly to STS and from STS directly to JAG (NFSG).
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11.18.64 to 11.18.66: Acceptance of demand
will result in dilution of Group ‘A’ Services, which is not desirable.
Commission therefore recommends normal replacement pay level to
Superintendents of Central Excise.
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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
CBEC) 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. It is worth to note that the posts under the grade pays of 5400/-
& 6600/- and 7600/- & 8700/- have no functional difference.
Direct promotion to STS has also
been recommended to Revenue Hqrs for Central Excise Superintendents by CBEC. This
point of promotion to STS was also appreciated and agreed by the Pay
Commission in Mumbai hearing but not recommended.
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4
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Superintendent grade officers in CBEC
should be allowed minimum 5 promotions after joining as Inspector. If 5
functional promotions are not possible, they should be granted at least 5
in-situ promotions in the hierarchy of functional promotion.
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11.18.67 to 11.18.68: A study team has been
constituted by the CBEC to do exhaustive examination of the stagnation in
group ‘B’ executive grades and suggest measures. As part of cadre
restructuring exercise of 2013, 2118 temporary posts of Assistant
Commissioners in GP Rs. 5400 (PB3) have been created, which are to be filled
100 per cent by promotion of Superintendent Customs (Preventive)/Excise/
Appraisers. The Commission observes that this move would provide adequate
career progression for these feeder grades viz. Superintendents and
Inspectors of Customs & Central Excise.
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The position has been recorded
totally in wrong manner by the CPC. Fact is that 2118 Temporary posts of
Assistant Commissioner have been created only for five years. Further, service rendered in these temporary posts
will not be counted for further promotion. Moreover, these posts have not been included in IRS Rules. 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 AC
would provide adequate career progression is totally misplaced. This is the
only reason that the cabinet/CRC/Cabinet Secretary approved to bring some
specific scheme for group ‘B’ Central Excise Executive officers independent
of cadre restructuring to remove their stagnation.
But very unfortunately, no
measures have been taken till date to remove the stagnation of group ‘B’
executive officers in CBEC despite of recommendations of Cabinet/CRC/Cabinet
Secretary. The so called study team has done nothing to resolve the issue of
stagnation in group ‘B’ executive grades.
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5
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Direct recruitment quota in the post of
Assistant Commissioner be reduced from 50 per cent to 10 per cent.
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11.18.69 to 11.18.70: Attributes of an
Organized Group A service is that direct recruitment cannot be less than 50
per cent. Reduction in percentage direct recruitment below 50 percent will
adversely affect the status of IRS (C&CE) as an organized Group ‘A’
Service. In this backdrop, the Commission would not recommend reduction in
the direct recruitment quota as demanded by the Association.
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The version of CPC doesn’t seem
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 will 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 & stature
of the group ‘A’ service.
It is also worth to mention that DOPT
has already asked to restrict the direct entry to group ‘A’ service merely to
3% of the sanctioned cadre strength vide letter D.O.
No.I-11019/13/2015-CRD Dt. 21.01.16 of Joint Secretary (S&V-II).
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6
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Weightage
of service rendered in group ‘B’ to Central Excise Superintendents
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7th CPC is silent
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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.
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7
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Time scale after
4 years of service to be granted in PB3 instead of PB2 to Central Excise
Superintendents
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It has been recommended in PB2 for all
including officers of CSS by 7th CPC
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The Central Excise Superintendents
are also required time scale after 4 years of service to be granted in
PB3 instead of PB2. 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. 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.
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8
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Uniform
promotional hierarchy for group ‘B’ officers
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7th CPC is silent despite of
recommending parity for officers of headquarters and filed formations
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The promotional hierarchy
is also required to be made uniform for all group ‘B’ officers in the govt.
of India. Promotional hierarchy is varying department to department.
Somewhere Group ‘B’ Gazetted Officers are promoted to a Grade Pay of Rs.
5400/- in PB3 whereas they are being promoted to a Grade Pay of Rs. 6600/- at
other places. Like it, 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. Somewhere promotional
hierarchy is 4600à6600à8700 (CPWD etc.), somewhere 4600à4800à6600à7600à8700 (CSS, Railway Board, CSSS, AFHQ, CVC,
UPSC, MEA, MPA, RajyaSabha Secretariat etc.), somewhere 4600à5400à6600à7600à8700 (CBI, IB, Hindi departments etc.)
& somewhere it is 4600à4800à5400à6600à7600à8700 (CBEC, CBDT, Postal Department etc.).
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’ should kindly be
only “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. The point of uniform promotional
hierarchy was also appreciated and agreed by the Hon’ble Commission in Mumbai
hearing but kept mum in report. The CBEC has also recommended
to Revenue Hqrs for the uniform promotional hierarchy across all the Departments/Ministries.
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9
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NFU at par with
CSS
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7th CPC is silent despite of
recommendations from CBEC
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It is pertinent to mention that CBEC (as advised by the Department of
Expenditure) recommended vide F. No.
8/B/70/HRD (HRM)/2014 Dt. 16.01.14 a proposal to the CPC for grant of
non-functional financial upgradation to Group ‘B’ Executive officers at
par with the analogous posts in Central Secretariat Service. But CPC does not
appear to have examined this proposal.
The grant of NFU was agreed by
the Hon’ble Chairman of 7th CPC in Jodhpur meeting but kept mum in
the recommendations. It has again been recommended by CBEC to
the Revenue Hqrs for our officers.
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10
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Flexible/dynamic promotion/complementing
scheme to be introduced for Central Excise Executive Officers after entry
into Inspector grade
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7th CPC is silent
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It is reiterated that a scheme is required to be formulated to enable
our officers also entered into PB4 levels (at least a grade pay of Rs.
8700/-) like the common entry counterparts of CBDT, CSS, Customs etc. as we
are getting salary even less than the pension of our counterparts. This can
be done by introduction of
flexible/dynamic promotion/complementing scheme. Such scheme was
introduced for the Scientists in the Department of Science & Technology
to remove their stagnation. 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 and shall become Commissioner in
near future 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
hierarchy of functional promotions under flexible/dynamic
promotion/complementing scheme.
This scheme was agreed to be
recommended for Central Excise Superintendents by the Hon’ble Chairman of 7th
CPC in Jodhpur meeting but kept mum in the report. The
CBEC has also recommended this scheme to Revenue Hqrs for removal of alarming
stagnation of Central Excise Superintendents and Inspectors.
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11
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Upgradation on
completion of residency period as prescribed by DOPT for grade to grade
promotions
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7th CPC is silent
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Residency periods have been prescribed by the DOPT for promotion from
one grade to another vide OM Dt. 24.03.2009. No need to say that the same have been prescribed by DOPT with due
diligence and application of mind. It is requested to grant
non-functional upgradations/in-situ promotions on completion of residency
periods as prescribed by DOPT under OM dated 24.03.2009 to Central Excise
Executive Officers after entering into Inspector grade particularly keeping in view their extraordinarily acute
stagnation.
This was agreed by the Hon’ble 7th CPC in Delhi meeting
but kept mum in the report.
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12
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Merger of level 9
and 10
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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 merger 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, therefore, requested to be merged
at Level 10. Merger of Level 9 and 10
has also been recommended by the CBEC to Revenue Hqrs.
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13
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At least 40%
increase in pay & allowances instead of fitment factor of 2.57
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Para 5.1.27 & 5.1.28 recommending
uniform fitment factor of 2.57
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Common fitment factor of 2.57 is not giving benefit to all employees
in equal proportion. There is no benefit to the employees at the levels of GP
of 4200/-, 5400/- in PB2 and 8700/- in PB4. Therefore, increase in pay &
allowances in uniform proportion of 40% instead of fitment factor of 2.57 is
requested for the sake of justice to all.
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