ALL INDIA
ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
MINUTES OF
THE ASSOCIATE EXECUTIVE COMMITTEE-CUM-ASSOCIATE COMMITTEE MEETING HELD AT
KOLKATA ON 06/03/2016
The Associate Executive
Committee of the AIACEGEO met on the Date & Venue above
mentioned. Meeting was held in the
NACEN, Kolkata.
Shri Ashok Gain, President
of Kolkata Unit (Host Unit) welcomed the gathering and hoped that the meeting
will be a great success.
Shri Koushik Roy, Secretary
of the host unit, thanked the AIB for deciding to have the meeting in Kolkata
and was optimistic that the problems being faced by the cadre and the nature of
action required will be determined and resolved in a result oriented manner.
2 minutes silence was
observed in memory of departed members of the cadre.
Shri R. Chandramouli, President
of AIB, thanked Kolkata Unit for holding the meeting and presided over the
proceedings.
Sh. Ravi Malik, Secretary
General of AIB, thanked Kolkata Unit to have the meeting and briefed the house
on the issues of time Scale, demand of GP7600 for the cadre on completion of 30
years under MACPS and parity with intra-organisational counterparts in Delhi
CAT having attained the final stage of hearing. He also apprised the house
about the pay scale and arrears of pay case in Cuttack CAT attaining the final
stage of hearing. He added that a case of arrears of pay is also pending in
Jabalpur High Court filed by the then Secretary General of Inspectors
Association and Sh. K. P. Rai from Bhopal on individual capacity which is at
the stage of filing the rejoinder and AIB is exploring every possibility to
expedite this case as this case alongwith arrear case of Cuttack CAT would
benefit our members because all of then Inspectors have already become
Superintendents. He also narrated the issues relating to pay commission
including the pay scale, promotion to STS, merger of 5400PB2 with 5400 PB3,
uniform promotional hierarchy, MACPS, OROP, flexible promotion scheme and
proposal of non-functional upgradation (NFU) for Superintendents at par with
Central Secretariat Service (CSS) among other issues and the inaction/silence
of the 7th CPC on every issue.
The Agenda for the AEC-cum-AC meeting
included the following:-
a)
Pay
matters including the report of VII CPC & MACPS.
b)
Promotional
Avenues including demand for immediate DPC in respect of huge vacancies in the
grade of Assistant Commissioner.
c)
Scheme
independent of CR to improve the career prospects and bringing parity with
common entry counterparts of CSS to enable Superintendents to reach PB4 levels.
d)
Infrastructure
and working conditions.
e)
Funds,
subscription and DDO Certificates.
f)
Steps
to be taken to achieve the goals of the cadre including agitation measures.
g)
Any
other point with the permission of the Chair.
The Secretary General
placed the minutes of the meeting of Associate Committee held on 11/04/2015 at
New Delhi before the House for confirmation and acceptance. The minutes were approved by the House. The SG informed that AIB met with JS (Admin) of CBEC on
the pay commission matters who assured to take care of the points relating to
our cadre.
Pay
matters including the report of CPC & MACPS
Shri Prabhakar Sharma, General Secretary of Agra Unit, expressed the
hope that the AIB would get the best deal for the cadre at the time of
implementation of VII CPC report.
Shri
S. K. Shrimali of Ahmedabad Unit requested the AIB to provide copies of
affidavit of case on MACPS filed before Principal CAT, Delhi.
Shri
R. Parthiban of Chennai Unit expressed the views that the AIB should among
other things fight for at least 5 functional promotions, 5% increment, 3.24
fitment formula, upgradation of Scales from 01.01.1996 and ATR after
implementation of 7th CPC Report ensuring accountability. The SG
said that the Association is already in the legal court for arrears of pay
since 1986 instead of 1996.
Shri Anurag Choudhry, President
of Chandigarh Unit and also All India zonal office bearer, requested the AIB to
formulate suitable course of action to improve upon the recommendations of CPC
made in respect of the cadre.
Shri Ravi Joshi,
Vice-President of Delhi Unit and also All India zonal office bearer,
appreciated the efforts of AIB on every issue adding that AIB is doing excellent
job.
Shri Ashis Bajpeyi, General
Secretary of Kanpur Unit and also All India zonal office bearer, also
appreciated the AIB and suggested to fight for placing Superintendents in PB3
5400 (L10 level).
Shri Jasram Meena, All India zonal
office bearer, supported the views of Kanpur unit.
Shri Kundu, Liaisioning
Secretary of AIB, suggested that MACP upgradation of Rs. 6600 should be given
to all officers in all Commissionerates on the lines of Shilling and Jaipur Commissionerates.
Shri Venkatesh, President
of Hyderabad Unit, suggested to take suitable steps to ensure GP 6600 on
completion of 30 years of service under MACPS to the officers who joined after
31/08/1984 as DR Inspectors. Shri B. P. K. Reddy, General Secretary of
Hyderabad Unit, added that a suitable course of action for removing anomalies
in MACP scheme should be formulated. He
also asked to pursue the Jabalpur High Court case of pay arrears and
Subramaniam case (before SC) for grant of time scale of Rs. 5400/- in PB2 to
Inspectors on completing 4 years after award of the scale of Superintendent under
ACPS.
Shri Kousik Roy, General
Secretary of Kolkata, desired the AIB to support the case through co-ordination
and help with finances as a majority of those who were Inspectors at the relevant
point in time had now become Superintendents. View of AIB was that finance is a
constraint for AIB as hefty dues are already pending with the units.
Shri Narayanan of Coimbatore
Unit supported the above view.
Shri G. Srinath, President
of Bengluru Unit and also All India zonal office bearer, suggested that the AIB
should make efforts to be part of Anomalies Committee. This was because immense harm has been caused
to the cadre by the faulty provisions contained in MACP scheme and more
specifically Para 8.1 and also wanted to know the stand of CBEC on
implementation of GP 6600 (under 3rd MACP) post R. Chandrasekaran
case. It was also mentioned that pension
papers processing has been kept pending by the PAOs for want of certificate
from individuals concerned for acceptance of GP 5400 when they are really
eligible for GP 6600.
Shri H. G. Mathew, General
Secretary of Kandla Unit, also desired resolution of anomalies in MACPS.
Shri Sanjay Srivastava,
General Secretary of Lucknow Unit, wished that efforts to remove anomalies and
ensure justice to the Superintendents cadre should be made by AIB.
The Secretary General
assured the House that all possible steps would be taken by AIB on pay matters
and MACP anomalies.
On supporting Subramaniam
case, the SG informed the house that AIB would be able to provide logistical
and financial support only on assurance of funds by units.
The House approved the
proposal to donate at least Rs.500/- per person for legal cases on the appeal
of the dais (willing officers may contribute more as per their wish).
B.
Promotional avenues including immediate DPC against vacancies existing in the
grade of Assistant Commissioners & C. Scheme independent of CR to bring
parity with common entry counterparts of CSS
Secretary General informed
the House that a slew of court cases after the intervention of Parliamentary
Committee on SC & ST welfare and decision by CBEC to conduct Review DPC apprehending
reversion of already promoted ACs resulted in the situation in which we are
placed and that every effort is being made by AIB to resolve the situation with
the CBEC to conduct DPC. It was also
informed that all efforts made to bring both parties to the dispute on to the
negotiating table did not fructify till date. He also said that DPC will be conducted immediately as
and when stay is vacated.
He said that the issue of
stagnation has been taken up on the proper forum time to time. He also added
that the matter regarding stagnation has already been taken up with the Cabinet
Secretary also. The Cabinet Secretary was pleased to forward our case to CBEC
and also to get approved from cabinet that some scheme should be brought
independent of cadre restructuring to remove the stagnation of Central Excise
group B officers.
The AIB had also made its
presentation to B. B. Agarwal Committee on improving the promotional avenues
but nothing has been heard from the Committee till date.
The SG also informed the
House that vigorous efforts are being made by AIB on the issue of bringing
parity with common entry counterparts of CSS to enable Superintendents attain
PB4 level in the career, whether functionally or non-functionally.
Shri P. K. Sen of Shillong Unit and also All India zonal
office bearer felt that agenda points A, B & C are interlinked at one level
(on pay matters and career progress). So,
he suggested that it would be better, if action contemplated on VII CPC covers
all the three areas. He further suggested that special
allowance should be restored in the hard core area like J&K and North
East. He also added that 1984 Inspectors
are not getting GP of Rs. 6600/- after 30 years of service in their zone, which
should be taken up with higher authorities.
Adding to above, Shri A. K.
Sasmal, the General Secretary of Mumbai Unit, was of the opinion that the AIB
can better achieve this by supporting the progress of Confederation of Central
Government Gazetted Officers Organisation (CCGGOO) in redressing the grievances
related to VII CPC. This view was also supported by Shri Kousik Ray of Kolkata
Unit. Shri Sasmal also said that we would fight our issues on our own, if
CCGGOO or any other organisation has any problem to raise our issues.
Shri Anand Kishore, General
Secretary of Raipur Unit and also All India zonal office bearer, expressed
complete confidence in the steps taken by AIB on all the agenda points.
Shri K. P. Tripathi, President of
Bhubaneswar Unit, suggested that promotion matter to be taken up with the
administration on the priority basis. He also requested to provide proper
infrastructure to the officers.
The Secretary General,
thereafter, informed the House that the AIAGEGEO was initially part of CCGGOO
and that the CCGGOO in its meeting held in Chennai during December, 2013 had on
persuasion by AIB agreed to pursue before the VII CPC the two demands (among
others) namely Group ‘B’ Gazetted entry level at PB3 5400 and at least 5
functional promotions but later went back on its promise. This left the continuance of AIB in CCGGOO
untenable but still in the interest of solidarity all programs of CCGGOO are
being supported by AIB.
D.
Infrastructure & working conditions
S/Shri G. Shrinath, B. P. K.
Reddy, A. K. Sasmal and Kousik Roy together raised the issue of poor
infrastructure and very bad working conditions in the office which included the
situation of Gazetted offices
(Supervisory officers) being forced to do basic work due to huge vacancies in
the Inspector cadre. This view was also
expressed by Shri K. P. Tripathy, President of Bhubaneswar Unit, adding that
Superintendents are over burdened.
Shri M. K. Mishra of Mumbai
Unit and also All India zonal office bearer added that provisions of working
space should be as per the standards prescribed in office procedure manual and
decent working conditions should be provided to the cadre. The point of wearing
uniform being made compulsory during 1 or 2 out of 5 regular office days on
some places and that this was being done purely to pander to the inflated egos
of IRS officers was also discussed in the house.
It was decided that the AIB
would protest this attitude and also write to the CEBC insisting on
prescription of uniform upto the level of Chairman of CBEC. It was also decided
that room on a regular basis should be provided in every office for changing
over uniforms.
Shri G. Srinath brought up
the point that beginning 01.04.2016 the use of 1% incentive for hiring of cars
has been barred and that an amount of Rs. 252 Crore lying unutilised should be
used to cater the real infrastructure needs of the non Group-A Executive cadres
including provisions of mobile phones, laptop, buildings for new
Commissionerates etc.
It was decided that all suggestions
on the infrastructure/working conditions were required to be mailed to Shri Reji
Mathew, General Secretary of Vadodara Unit, who would collate the information
and forward it to AIB.
Shri S. K. Mishra, General
Secretary of Patna Unit, brought up certain happenings of Gaya International
Airport before the House. The Secretary General requested him to mail the
problems being faced to be taken up with the concerned authority.
E. Funds,
Subscriptions and DDO Certificates.
The Secretary General informed the
House that the AIB is seriously short of funds and that payments to Advocates
could not be made in respect of cases before various judicial fora. The SG also appealed to all units to clear
their subscription dues and donate funds liberally to handle various cases pertaining
to the cadre adding that we should not lose any case merely for the want of
funds. The units were also requested to furnish DDO Certificates to avoid
recognition related uncertainties.
On funds, the House decided
that the cases should be specifically intimated to the units to enable the
process of raising the funds in specific manner instead of resorting to collect
funds in a generalised manner. The SG informed the delegates that around seven
cases were being pursued and many more may be required to be filed in the
interest of the cadre. He said that a minimal amount Rs.1000/- per person may
enable us to collect good funds with the provision of more by willing officers.
After extensive deliberations, it was decided that minimum Rs. 500/- per person
by every unit would be collected and sent to AIB for handling the legal cases.
Shri G. Srinath stressed on
the importance of subscribed membership and voting in elections to Association
based on such subscribed membership. Proper subscribed membership based voting
will help in getting a truly representative body enriching the democratic
process. Shri R. Manimohan of Coimbatore Unit articulated on the issue.
Shri R. Parthiban of
Chennai Unit supported this view. It was decided that such an amendment can be
contemplated in the General Body meeting only.
The SG appealed again to
all the units to do the needful on this issue of subscription dues, funds and
DDO certificates.
F . Steps
to be taken to achieve the goals including agitational measures.
The
SG briefed the House on the calls for agitation (Satyagraha) given earlier and
the less then enthusiastic participation on some places. He said that an
effective and all-united Satyagraha programme is the only key to our success to
achieve the desired goals. He added that we shouldn’t be merely paper tigers as
the same would serve no purpose. This point was divided into two, one on purely
departmental issues and the other on VII CPC. When some units insisted that the
best way on VII CPC would be to join the CCGGOO, the SG informed the AEC that
one round of talks had already been initiated with Shri Bhaskar Bhattacharya to
explore the option of reviving the Revenue CoC and that efforts were also being
made to join the broader platform for Central Government Employees, if there is
no conflict with our agenda in the interest of the cadre.
Shri Anand Kishor suggested
that everybody should rethink for taking any agitational action.
Shri
S. K. Mishra appreciated letters written by the SG to various authorities on
various issues. He suggested for some strong programme to achieve our goals.
The SG asked Shri
Tirthankar Pyne of Kolkata to receive suggestions from the units and forward to
the AIB after collation on the possible course of action for Satyagraha. The
units were requested to send their inputs to Shri Pyne.
G. Other
Points
Shri S. K. Mishra wanted
the AIB to have its own scheme for providing Insurance to the families of deceased members of the
cadre. After discussions, it was felt that the scheme for providing financial
compensation was not viable in view of the deep dispersion on geographical and membership front in the
Association.
Shri K. P. Tripathi
highlighted the shortage of Inspectors due to which the Superintendents were overburdened.
Mumbai, Coimbatore, Kolkata and Chennai units expressed similar views. Shri R. Parthiban felt that a onetime
recruitment (special recruitment) on zonal basis will solve the problem. After deliberations, the House concurred with
the view of serious shortage of Inspectors and the need for resolving the same
urgently and as a first step, it was decided to write to CBEC immediately to
take measures to fill up all the vacancies of Inspectors.
Shri A. K. Sasmal raised
the issue of Excise Day celebrations and protested the way in which it has been
allowed to be degenerated by the senior officials in CBEC. He also made the
point regarding the non-transparent process of the appreciation certificates
given by CBEC on Excise Day. He said that it is needed to be taken-up in the
light of non-executive persons being awarded such certificates. After
discussions, the house decided that the AIB would write to the CBEC showing
unhappiness on the inclusion of non-executive person in the list for 2016
Excise Day appreciation certificate awardees and on the lack of transparency in
the process of deciding the awardees.
The issue of compassionate
appointment and the difficulties associated with the exercise (including the
financial criteria and vacancies in Group B) was raised by some units and the
SG informed the House that the Board had agreed to look into the difficulties
and speed up the process during the first meeting of JAC with Chairman of CBEC.
The House was assured that the issue will again be taken up with the Board.
The Secretary General
informed that provisional affiliation had been granted to Nellore Unit and
requested the House to consider grant of full affiliation. The House
unanimously gave affiliation to Nellore Unit.
The delegates were also informed that new unit of Agra (from Kanpur) had
come into existence between the last convention and this AEC meeting which was
also agreed by the House.
Shri R. Parthiban raised
the following issues-
a)
Faulty
functioning of ACES and the issue of entire responsibility of operating ACES
being thrust on Superintendents. S/Shri
A. K. Sasmal, Rajeswar Rao of Nellore Unit, Tirthankar Pyne and Narayanan of
Coimbatore Unit supplemented on this issue with their views. The House after
extensive deliberations decided that a comprehensive letter covering all
aspects will be addressed by the AIB to Chairman of CBEC with a copy marked to
Revenue Secretary on the faulty functioning of ACES and reiterating that
Superintendents should not be taken to task for the faulty functioning of
ACES. It was also suggested that
scrutiny of monthly returns should be vested with all authorities upto the level
of Commissioner based on revenue. Units were requested to send their
suggestions to Sh. Pyne on ACES, who will collate the same and forward to the
AIB.
b)
Rule 56J: It was decided that AIB will write to CBEC
protesting the unwarranted hype and scare being created among the officers when
the reality is that it is a routine affair.
c)
Refund: It was advocated that
Refund sanction powers to authorities should be akin to adjudication where
monetary limits form the basis.
Kolkata Unit raised
the following points-
a)
Stepping-up of pay of non-ACP/MACP recipient officers at par with their
junior officers: After
4 years since Ashok Kumar (Chandigarh) was allowed the stepping-up in pursuance
of Hon’ble Supreme Court order dated 02/5/2011 in Appeal (Civil) CC 7278 of 2011, none
other officer has been allowed the benefit and that too despite several court orders
around the country. In Kolkata the Hon’ble High Court in WPCT 101 of 2015
(Chief Commissioner, Kolkata Vs. Debashis Ganguly & Ors.) and WPCT 102 of
2015 (Chief Commissioner, Kolkata Vs. Tapan Bose & Ors) upheld the same
position of law.
b)
Restoration of 3rd MACP
to officers whose upgradation from UDC to Tax Assistant has been belatedly
declared as promotion: In
an extraordinary development, CBEC has belatedly declared the upgradation from
UDC to Tax Assistant (erstwhile) as promotion for those who have got promotion
to Inspector but not for those who got promotion to DOS (Level-II). This has
caused an artificial divide between the promotees in two streams and 3rd MACP have been withdrawn from
the Inspectors/ Superintendents of the Kolkata Zone.
The House thanked Kolkata
Unit for arranging the AEC-cum-AC meeting and placed on record the hospitality
extended by the members of Kolkata Unit for conduct of the same.
In the last, a vote of
thanks was given by the host unit.
