Dear friends,
namaste.
As already circulated, a meeting was held in HRD today on 25.11.16 under the Chair of the DG, HRD. Submissions made during the meeting are as below-
namaste.
As already circulated, a meeting was held in HRD today on 25.11.16 under the Chair of the DG, HRD. Submissions made during the meeting are as below-
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. SharmaTreasurer: 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. 202/AIB/P/16
Dt. 25.11.16
To,
The DG, HRD,
CBEC, New Delhi.
Sub: Solution to various bottlenecks in
timely promotions.
Sir,
Kindly refer to your office OM issued vide
F.no.8/B/291/HRD(HRM)DPC/HAG+/2016 Dt. 15.11.16.
2. It is submitted with due regards that only way to
affect timely DPCs is to follow the schedule prescribed by the DOPT in strict manner
without any deviation. No need to say that DPC for a financial year should
strictly be conducted in advance latest by the month of January preceding the
relevant financial year.
3.
Further, no need to say that CBEC has regularly been failing to conduct the
timely DPCs particularly for the post of Asstt. Commissioner despite of
repeated reiterations by the DOPT to adhere with the prescribed schedule. The
latest DOPT OM issued vide No.
22011/1/2011-Estt(D) Dt. 27.10.16 is very much relevant in this regard
asking for strict compliance of the instructions regarding timely convening of
the DPCs. It is further submitted that the DPCs are being terribly delayed in
CBEC despite of the DOPT instructions to fix the responsibility of the
concerned officer for the lapse in adherence to the prescribed time frame in
holding of DPCs under the DOPT OM No.
22011/9/98-Estt. (D) Dt. 14.12.2000. Non-serious attitude of the concerned
section is very well evident by the following figures showing tremendous delay
in the matter -
Year of
DPC Due in Conducted in Delay
2010-11 January, 10 June, 12 2½ years
2011-12 January, 11 June, 12 1½ years
2012-13 January, 12 March, 14 2¼ years
2013-14 January, 13 October, 14 1¾ years
2014-15 January, 14 still awaited already around 2¾+ years
2015-16 January, 15 still awaited already around 1¾+ years
2016-17 January, 16 still awaited already around ¾+ year
4.
Moreover, promotions for the post of Asstt. Commissioner are being affected on
ad-hoc basis in the CBEC. As per para
3(i) of DOPT OM 28036/8/87-ESTT. (D) Dt. 30.03.88, these ad-hoc promotions
may be affected even in the case of any legal stay/injunction. No need also to
submit that shortage of the officers at
the level of Asstt. Commissioner would certainly have the adverse effect on the
implementation of GST. So, all of the vacant posts of Asstt. Commissioner
may kindly be filled up immediately as per the above referred OM Dt. 30.03.88
of DOPT at least on ad-hoc basis.
5.
As far as bottlenecks in r/o number of posts are concerned, the only way is to
create sufficient number of posts to grant functional promotions to the
officers. It is worth to mention that our counterparts of CBDT, CSS, Customs
etc. in our Department of Revenue itself are already reaching the level of
Commissioner/Addl. Commissioner and Director/Joint Secretary after getting 5/6
promotions. In our own CBEC, the Examiner of Customs of the year 1984 belonging
to the same cadre of Inspector has already become the Addl. Commissioner years
ago whereas the Central Excise Inspector of 1983 is still to become Asstt.
Commissioner. If CBEC is unable to create sufficient number of posts, the next
way is to promote our officers to the next post on completion of 1½ times of
residency period/qualifying service based on the precedent of Section Officers of CSS who were promoted to the post of
Undersecretary (STS post) on completion of1½ times of residency period in 1999
on in-situ basis. It may also be
noted that the officers of CSS are being promoted upto the level of Joint
Secretary on in-situ basis for the want of functional posts.
6.
Under the latest cadre restructuring, the cabinet
recommended to take extra measures to remove stagnation of group ‘B’ Central
Excise executive officers independent of cadre restructuring. But very
unfortunately, no measures have been taken till date in this direction.
Accordingly, the other way is the creation of a separate service for these officers on the lines of CSS for
solution of bottlenecks in promotions in r/o number of posts. It may kindly be
taken care of that only 3% posts
(maximum) may be utilized for direct recruitment as per the latest DOPT
guidelines and rest of the posts (after adding sufficient number of more
posts) be utilized for promotee officers
by creating a separate service for them. It will not only open the career
opportunities for promotee officers but will also protect the stature of direct entry IRS officers.
7.
One more way is to formulate supplementary
flexible/dynamic promotions scheme for promotee officers as was done in the
case of Scientists and Drivers by the Govt. of India. One more effective way is
to grant at least in-situ promotions to
Central Excise executive officers on completion of the standard residency
period as prescribed by the DOPT. As another option, these officers may
kindly be granted NFU on completion of
standard residency period as prescribed by the DOPT for promotion to next
grades. A scheme to grant NFU to give financial parity on batch to batch
basis with the best placed counterparts of CSS etc. may also be formulated on
the lines of granting financial parity to other group ‘A’ officers of the
organized services with the counterparts of IAS. Such scheme was also recommended to DOPT and then to pay commission by
the CBEC but, very unfortunately, the CPC kept mum on the issue.
8.
As far as the ratio system is concerned, this has not been mandated by the DOPT
(para 1.1.1 of seniority instructions) in case of the number of promotional
posts being too less as in our case where promotional posts are no way more
than 4% for the entry into group ‘A’. No need to say that the number of
promotional posts are always considered too less, if less than 33% of the
feeder posts. In such case, the promotions are to be affected based on the
length of service in consonance of DOPT provisions. So, the 13:2:1 ratio
system should be replaced by the length of service, i.e., senior in terms of
length of service should be promoted first. No need to say that Supreme Court
in order of 03.08.11 directed the CBEC to frame the RRs for just & fair
representation of each category and abide the same to all ad hoc promotions
but, unfortunately, the same has not been done till date. Supreme Court, thus,
clearly founded that the existing RRs based on ratio system were faulty.
Accordingly, all the promotions made
since 1980 should have been reviewed as per the new RRs framed for just &
fair representation based on the length of service as mandated by DOPT
under above referred para 1.1.1. No need to say that no just & fair
representation was attained based on new RRs framed by CBEC unilaterally.
9.
It is also worth to submit that 2118 posts of temporary Asstt. Commissioner
were created purely to remove the stagnation of stagnated officers. No need to
say that the Central Excise officers are the most stagnated among all of three
streams. Therefore, the benefit of these
posts should first be given to the officers of Central Excise stream and
then to Customs Preventive stream until all of three streams come at par in the
matter of promotions till the ratio formula is being forced on us.
10.
As far as the process of regularization is concerned, the following things have
not been taken care of-
i)
The direct recruit and promotee IRS
officers of same year have not been placed together. Suppose 20 direct
recruit and 80 promotee officers were there in a particular year, only 20
promotee officers have been adjusted against 20 direct recruit officers and
rest of the promotee officers have been sent to lower positions of next years
instead of placing them in the same relevant year. Contrary to it, junior
direct recruit IRS of next year/s have been placed above them. Accordingly,
senior promotee officers (promoted before the direct IRS officers of a
particular year) should have been placed above junior direct IRS officers
(recruited in later year/s). The officers yet to take birth can no way be
placed above the already existing officers. Accordingly, all promotee officers of 2002 should also be placed above the direct
recruit officers of 2003 as there was no direct recruitment in 2002.
ii)
It is not confirmed whether one & the same formula has been adopted for the
regularization of promotee officers of Appraiser stream and Central Excise
stream. Association came to know that the names of retired officers of
Appraiser stream have not been included for regularization whereas names of
retired officers of Central Excise stream have been included placing these
officers at gross loss. Accordingly, same
formula should kindly be adopted for all of three categories.
11.
One more point is to be taken care of. The
service rendered as ad-hoc/temporary Asstt. Commissioner is to be counted for
further promotions because the RRs of IRS very clearly include regular as
well as temporary posts under the definition of ‘post’.
12.
In view of the above, it is very much requested to give the due consideration
to all of the above submissions accordingly.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for
necessary action to:
1) The Member (P&V),
CBEC, North Block, New Delhi.
2) The Chairman, CBEC, North
Block, New Delhi.
3) The Revenue Secretary,
North Block, New Delhi.
(RAVI MALIK)
Love,
Ravi Malik.
