Meeting with Member (P&V)

Dear friends,
namaste.
Went to the Board and met with the Member (P&V) today on 20.12.16 particularly to pursue the issue of DPC. Joint Secretary (Admn) and concerned Director/DS also participated in the meeting alongwith the staff. She said that she would also go to Chennai to brief the ASG and Chennai administration to get the stay of Chennai CAT vacated. She was hopeful that they would be able to convene the DPC in the month of January 2017, if are able to get the stay vacated. They are also waiting for the opinion of Law Ministry on the issue which may come any time. She was requested to convene DPC on the basis of the existing vigilance clearance (with the condition of joining subject to vigilance clearance) instead of waiting for fresh ones as current clearance is valid only upto month of December, 16. On being asked if the DPC is possible in the month of December itself, she replied that the same didn't seem possible under the present circumstances. The written submissions made to her are posted below. She asked the JS and Director to take immediate steps on all of the issues. She also asked us to convince the petitioners to withdraw their petitions (wherever filed) in the interest of the cadre to enable the Board to fill-up the vacant posts of AC. Accordingly, the posts to be vacant due to cascading effect will also be filled-in for lower cadres.

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); AnuragChaudhary, Ravi Joshi (North); N. Raman, G. Srinath (South); B. K. Sinha, AshwiniMajhi (East); Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand Kishore, J. S. Aiyer (Central); R. K. Solanki, AshishVajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East); JasramMeena, M. K. Mishra (West) Office Secretary: C. S. Sharma

Treasurer: N. R. MandaLiaison Secretary: A. S. KunduCoordinator 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. 209/G/16                                                                          Dt. 20.12.16

To,

Ms. Vanaja Sarna,

Member (P&V), CBEC,

New Delhi.

Sub: Meeting on 20.12.16.

Madam,

            The following points are submitted for your kind consideration-

               A. Immediate holding of DPC for the post of Asstt. Commissioner as our officers are regularly retiring without promotion despite of thousands of promotional posts being in hand: It is requested to kindly take immediate steps to update the DPCs as the CBEC has conducted the DPC only upto 2013-14 for the post of Asstt. Commissioner. The DPCs for the years 2014-15, 2015-16 and 2016-17 should have been conducted in the month of January-14, January-15 and January-16 respectively. It is also worth to submit that 2118 posts of temporary Asstt. Commissioner have been created merely for 5 years for the promotions of the promotee officers only, out of which around 3 years have already expired and our officers are forced to retire without promotion despite of thousands of promotional posts being in hand. Around 900 officers have already retired after October, 14 without promotion and many more are retiring on an average of 40 per month.

            No need to submit that shortage of the officers at the level of Asstt. Commissioner would certainly have the adverse effect on the implementation of GST. It is further submitted that the promotions are to be affected on ad hoc basis. As per para 3(i) of DOPT OM 28036/8/87-ESTT. (D) Dt. 30.03.88, ad hoc promotions may be affected even in the case of any legal stay.

B. Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay: This circular was issued based on the orders of Jabalpur CAT for the payment of arrears of pay to our officers at par with the CBI Inspectors w.e.f. 01.01.86 but the same is still unimplemented. It is requested to kindly implement the same immediately. Unfortunately, no action is being taken despite of repeated assurances given by the administration. It is also worth to submit that Jabalpur CAT never said to consult the Expenditure Department. Hon’ble CAT simply ordered to place the officers of Central Excise under the pay scale of the officers of CBI since 01.01.1986, if pay commission recommends similar pay scale for both of the categories.

C. Retrospective implementation of pay scale of Central Excise Superintendents at par with NCB Superintendents who were the part & parcel of one & the same RRs having a common seniority list for being promoted to the common post of Asstt. Commissioner: Superintendents of NCB and Central Excise were the part & parcel of one & the same RRs once upon a time having a common seniority list for being promoted to the common post of Asstt. Commissioner. Pay scale of Superintendents of NCB has been upgraded and they have also been granted time scale after 4 years of service based on the precedent of Central Excise Superintendent. But they have been granted retrospective benefit since 01.01.1996 in the matter of the enhancement of pay scale whereas Central Excise Superintendents have merely been given prospective benefit since 21.04.04. It is requested to undo the discrimination by placing Central Excise Superintendents in the same pay scale also w.e.f. 01.01.96 at par with the Superintendent of NCB.

D. Implementation of para 7.15.24 of 6^th CPC report in light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure: The Chief Enforcement Officers, analogous counterparts of Central Excise Superintendent, under our own Department of Revenue were placed in the pay scale of Rs. 8000-13500/- without recommendations by CPC vide Order F. No. 1612612004-Ad.I.C dt. 04.10.05. The 6^th  CPC under para 7.14.25 recommended to maintain parity between the post of Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. Subsequently, the post of Chief Enforcement Officer was re-designated as Assistant Director. The duties and responsibilities of Assistant Director (re-designated) of Enforcement Directorate are at par with the duties and responsibilities of the post of Central Excise Superintendent. The Central Excise Superintendents join in Enforcement Directorate as Assistant Director on deputation basis also. The competent authority in the Govt. of India (Department of Expenditure) has, however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise Superintendents on 21.11.14 considering para 7.15.24 of the report of VIth CPC but the lower authorities in Expenditure wrote finally vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7^th CPC against the approval by the competent authority. It is really disappointing that the matter duly recommended by the 6^th CPC has again been asked by these authorities to be sent to 7^th CPC. It merely shows the willful hostile discrimination against Central Excise Superintendents by the lower rung authorities of Expenditure. It is requested to kindly undo the discrimination by implementing the para 7.15.24 of 6^th CPC report in accordance of approval of 21.11.14 by Expenditure.

E. Recommendations to the nodal department on the issues relating to pay commission: DOPT has forwarded the representation of the Association on the issues relating to pay matters to the Department of Revenue which is pending with the CBEC as on date. It is requested that necessary action may kindly be taken in the matter by making due recommendations to the nodal department.

Thanking you,

Yours faithfully,

           

(RAVI  MALIK),

Secretary General.