" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Monday, 23 January 2017

FM, DPC, Grievances, GST

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. 08/AIB/DPC/17                                                                          Dt. 17.01.17
IMMEDIATE PL.
To,                                                                      
The Hon’ble Minister of Finance,
Govt. of India,
North Block, New Delhi.

Sub: DPC for the post of Asstt. Commissioner in CBEC-request reg.
Sir,
            It is submitted with due regards that the DPC for the post of Asstt. Commissioner is pending in CBEC consecutively for three years, i.e., 2014-15, 2015-16 and 2016-17. Not only it, DPC for the year 2017-18 has also become due in the month of January, 17. Our officers are forced to retire without promotion (only IInd in the career of 35-40 years in comparison of 5-6 promotions to their counterparts of Customs, CBDT & CSS etc.) for the want of DPC despite of thousands of posts being vacant. Around 1000 officers have already retired after the last DPC. More than 1700 posts are vacant upto the year of 2016-17, on which ad hoc promotions are to be materialized. Ministry of Law has also already cleared the file saying that it’s sole discretion of CBEC to conduct the DPC for ad hoc promotions. No need to submit that any legal stay/verdict/contempt is applicable only on regular promotions.
               2. 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 to remove their stagnation, out of which more than 3 years have already expired.
              3. In view of the above, it is requested to kindly direct the CBEC to take immediate steps to conduct the DPC for the post of Asstt. Commissioner. No need to submit that these vacant posts are also necessary to be filled-up for the smooth implementation of GST.
                        Thanking you,
Yours faithfully,
                                                                                                                                                           


 (RAVI MALIK),
Secretary General.
 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. 09/AIB/G/17                                                                          Dt. 17.01.17
IMMEDIATE PL.
To,      
The Hon’ble Minister of Finance,
Govt. of India,
North Block, New Delhi.

Sub: Request for redressal of grievances under employee grievance redressal mechanism.
Sir,
It is submitted with due regards that the redressal of employee grievances are long pending in the CBEC. The following points are submitted for your kind consideration and due redressal-
              
A. Initial pay scale to Central Excise Superintendent at par with DSP of CBI alongwith other perks & allowances etc. as feeder cadre of Inspector has already been placed at par in matter of pay scale: New higher responsibilities of judicial and technical nature were conferred upon Central Excise Superintendents 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. Very recently, their responsibilities have again been increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC. No need to say that increased/higher responsibilities are always directly linked with the increased/higher pay scales. But very unfortunately, the responsibilities of these officers are on regular increase without any increase in their salary. They have also been conferred with new higher technical/scientific responsibilities of ACES since 2010. 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. Not only it, Adjudication Orders are also being prepared by them for Commissioner level officers.  No such responsibilities have been conferred upon any counterpart of them including CBI or IB or accounts & audit. They are also conferred with the new additional responsibilities every year in the Finance Bill (Budget). They will again be conferred new and very important responsibilities under GST.
Despite of the admission by Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt. 08.12.08 that the pay scale of Central Excise Superintendent was enhanced to grant them parity with DSP of CBI/DCIO of IB (analogous counterparts of Central Excise Superintendent), 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).    
Govt. enhanced the pay scale of DSP of CBI without recommendations of CPC considering them as Police Organisation. However, Hon’ble CAT of Jabalpur in order of OA 45/2000 didn’t agree to consider them as Police Organisation, whereas 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. The Central Excise personnel are also deployed on International Airports, International Sea Ports and International borders side by side with Army, BSF, CRPF and ITBP. These personnel have suffered heavy casualties while dealing with trans-border criminals and countering with dreaded smugglers.  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 CBEC/the Govt. of India, the Central Excise Superintendents perform their duties in the nature and style of ‘Military’ and ‘Navy’ being uniformed officers bearing “Ashoka Embelem”.
            For a pay increase of mere Rs. 200/-, Central Excise Inspector (GP 4600/-) has to wait for 18 years on an average (even upto 25 years in stagnated zones) before being promoted to the post of Superintendent with a Grade Pay of Rs. 4800/- in PB2. Whereas in case of CBI/IB, analogous Inspectors are being promoted to the post of DSP/DCIO with a Grade Pay of Rs. 5400/- in PB3.
          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. 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/-. Govt. of India vide OM
No. 245/23/95 – AVD-II Dt. 08.02.96 of DOPT enhanced the pay scale of DSP of CBI to Rs. 2200-4000/- retrospectively w.e.f. 01.01.86 without any increase in their responsibilities. Thus, 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 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. It is also worth to submit that the Expenditure Department had already agreed principally to grant a grade pay of Rs. 5400/- in PB2 vide UO No. 6/37/98-IC Dt. 24.11.14 of Ministry of Finance (Exp.) to Central Excise Superintendent in consonance of the para 7.15.24 of the report of 6th CPC to grant parity with Chief Enforcement Officer but not implemented on the pretext of the setting up of the 7th CPC. The pay scale of Chief Enforcement Officer, analogous counterpart of Central Excise Superintendent, under the department of Revenue itself was also 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. 
            The plea by Central Excise Superintendents 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, the feeder post of Assistant and promotional post of Section Officer were placed in the same pay scale in CSS once upon a time. 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 levels. Accordingly, there should not be any problem to place Central Excise Superintendent in the Grade Pay of Rs. 5400/- in PB3. This problem may, however, also be solved by promoting the Superintendent directly to STS post like most of the other counterparts or even making the group ‘A’ entry at Grade Pay of Rs. 6600/- (Level 11 in 7th CPC report).
            Grant of the pay scale at par with the analogous counterparts of CBI, IB etc. to all Group ‘B’ gazetted executive officers in CBEC including the Central Excise Superintendents, Customs Superintendents and Customs Appraisers will involve a negligible financial implication merely to the tune of around Rs. 18 crore particularly when they are earning the revenue always above the set targets regularly every year. They have earned the revenue to the tune of Rs. 7,07,000 crore for the year 2015-16 which is above the set target by Rs. 5000 crore too. It is also worth to submit that only a negligible amount of around 80 paise is being incurred to earn Rs. 100/- by these officers despite of being faced the worst pay packages and also the worst career prospects. No need to say that the revenue collection and efficiency in tax administration would increase many times, if these officers are made job-satisfied regarding their pay matters and career prospects.  
               In view of the above, it is requested to place Central Excise Superintendent at least under a grade pay of Rs. 5400/- in PB3. The CBEC has also recommended for the grant of a Grade Pay of Rs. 5400/- in PB3 for Central Excise Superintendents to Revenue Hqrs and also to give them next promotion in STS vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.

B. Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. on the lines of other Group ‘A’ cadres vs. IAS: Central Excise Superintendents are retiring with single promotion on a PB2 post in a career of 35-40 years whereas their common entry counterparts of Customs, CBDT, CSS etc. are easily being promoted to PB4 levels 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) years ago 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). The counterparts of CSS including Rajya Sabha Secretariat and CBDT are already reaching the level of Joint Secretary and Commissioner respectively in the GP of Rs. 10000/- in PB4. Central Excise Superintendents are getting salary even less than the pension of their counterparts.
All organised group ‘A’ officers recruited with IAS,  the best placed group ‘A’ service, in the same pay scale through common entry have been granted financial parity with  counterparts of IAS in the form of non-functional financial up-gradation (NFU) 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 of Central Excise Superintendents & Inspectors, a proposal for grant of non-functional financial up-gradation to grant them financial parity with the counterparts of CSS was approved and recommended to DOPT by the CBEC. But DOPT without going into the merits returned the same  simply saying that NFU was recommended only for Group ‘A’ organized service by the VIth CPC.
This NFU was also recommended for our officers to the VIIth Pay Commission by the CBEC vide F. No. 8/B/70/HRD (HRM)/2014 Dt. 16.01.14 but, unfortunately, the CPC kept mum on the issue despite of being agreed in Jodhpur meeting.
It has again been recommended by CBEC to the Revenue Hqrs for Central Excise Superintendents and Inspectors vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
             In view of the above, it is requested that the Central Excise Superintendents may also kindly be granted non-functional financial up-gradation to grant them at least financial parity with their best placed common entry counterparts of CSS etc. (recruited in the same pay scale through common entry examination) after entry into Group ‘B’ or equivalent grade.

               C. Taking measures that no senior officer of Central Excise is forced to work under junior officer of Customs recruited in same cadre in the same organization of CBEC by granting parity in promotions: The officers recruited as Central Excise Inspector are forced to work under the extreme junior officers recruited as Customs Examiner in the same grade/cadre of Inspector through same process in the same organization of CBEC with same administrative hierarchy and nature of job under the same Department of Revenue of the same Ministry of Finance. It is requested to kindly undo the discrimination by bringing them at par maintaining the relative seniority in accordance of their initial recruitment without reverting back the Customs side officers. Instead, our officers may kindly be brought at par with them in promotions by promoting to respective levels. We wish Customs side officers to get even more promotions but we also request that we should also be made at par with them being belonged to the same cadre and also recruited through common process. It is again worth to submit that 1984 Examiners have already become Addl. Commissioner (5 promotions) and shall become Commissioner soon whereas 1984 Central Excise Inspectors are still to become Asstt. Commissioner (only 1 promotion) and shall retire from same level.

D. Non-functional time scale in PB3 to Central Excise Superintendents like other counterparts instead of PB2 after 4 years of service: Time scale has been granted in PB3 to other counterparts of Central Excise Superintendents including CSS, CSSS, Railways, MPA, MEA, DANICS, DANIPS, Railway Board etc. since 1996 while it is merely in PB2 for them, that is too 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 with higher grade pay than the officers of CSS and CSSS w.e.f. the date of grant of same to the officers of CSS & CSSS.
The claim of Central Excise 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, therefore, requested to undo the said discrimination by granting a time scale of Rs. 5400/- (or 6600/-) in PB3 to the Superintendents w.e.f. date of grant of same to officers of CSS & CSSS.

E. Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers of Central as well as State Governments: 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, NCB, Rajya Sabha Secretariat, Enforcement Directorate in Revenue Department itself, Forest services, Police services, Foreign Services, Engineering services, State services etc. But 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.
So, it is requested that Central Excise Superintendents may also kindly be promoted directly to a STS post. They may further be promoted to the post having a 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 vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
               The weightage of service rendered in group ‘B’ gazetted 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’ particularly on account of acute stagnation being faced by them. This weightage of group ‘B’ gazetted service was also recommended by IIIrd CPC and already exists for group ‘B’ gazetted 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. The grant of this weightage is also needed for Central Excise Superintendents on account of being stayed on the group ‘B’ post for the longest period because of being the most stagnated cadre.

               F. Scheme to improve the career prospects of Central Excise Superintendents as our officers are retiring with single promotion in the service career of 35-40 years: Our officers are retiring with single promotion on a PB2 post whereas our counterparts are easily attaining PB4 levels. The Group ‘B’ Gazetted officers of ours join the job as Inspector (Group ‘B’ Non-Gazetted) and retire as Superintendent after getting only one promotion during the entire service career of 35-40 years barring 1% whereas other common entry counterparts including CSS and CBDT under the same Department of Revenue of same Ministry of Finance are getting 5 to 6 promotions upto the level of Joint Secretary/Commissioner after being recruited through one and the same process in the same grade. The matter was raised before the Cabinet Secretary and he was pleased to recommend to the Cabinet to bring the measures to remove the stagnation of our officers independent of cadre restructuring which was duly approved by the Cabinet but no step has been taken till date even after expiry of about 3 years. There is no change in the scenario regarding our career prospects despite of the repeated requests and representations made to the administration. Gross injustice is being done to our officers despite of being instrumental with full dedication & commitment to collect the biggest portion of Govt. revenues always above the set targets. It is requested to kindly bring the scheme accordingly to enable our officers also attain PB4 levels. Temporary posts of Asstt. Commissioner created in the cadre restructuring are also unable to do the desired good for our officers, that’s why the Cabinet approved to bring measures independent of cadre restructuring on the issue of stagnation. These temporary posts will only enable to get around 4% of our officers get JTS post without any right for further promotions.
It is reiterated that the Cabinet/CRC/Cabinet Secretary recommended to take extra measures to remove the stagnation of group ‘B’ Central Excise executive officers independent of cadre restructuring. But very unfortunately, no measures have been taken till date to remove the stagnation of group ‘B’ executive officers in CBEC despite of the recommendations of Cabinet/CRC/Cabinet Secretary. A scheme is, therefore, required to be formulated enabling Central Excise Superintendents and Inspectors also entered into PB4 levels (at least a Grade Pay of Rs. 8700/-) like the common entry counterparts of CBDT, CSS, Customs etc. as Central Excise Superintendents are getting salary even less than the pension of their counterparts. This can be done by 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.
It is reiterated that the Central Excise Superintendents are retiring with single promotion on a PB2 post in a career of 35-40 years whereas their common entry counterparts of Customs, CBDT, CSS etc. are easily entering into PB4 levels with 5-6 promotions. Central Excise Superintendents are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & the 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).
In view of the above particularly considering their extraordinarily acute stagnation, it is requested that the Central Excise Superintendents may kindly be granted-
(a) At least 5 in-situ promotions in uniform promotional hierarchy across all Ministries/departments of Govt. of India (as mentioned under the forthcoming point of uniform promotional hierarchy) of functional promotions under flexible/dynamic promotion/complementing scheme or
(b) In-situ promotions/non-functional upgradation on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector.
G (v). The introduction of this scheme for Central Excise Superintendents was also agreed by the Pay Commission in Delhi and Jodhpur meetings but not recommended. The CBEC has also recommended this scheme to Revenue Hqrs for removal of alarming stagnation of Central Excise Superintendents and Inspectors vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.

               G. 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 direct the CBEC to 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.

               H. Retrospective implementation of pay scale of Central Excise Superintendents at par with NCB Superintendents who were the part & parcel of one & same RRs having a common seniority list for being promoted to a common post of Asstt. Commissioner: Superintendents of NCB and Central Excise were the part & parcel of one & same RRs once upon a time having a common seniority list for being promoted to a 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 01.01.96 regarding 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.

               I. Implementation of para 7.15.24 of 6th 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 6th  CPC under para 7.14.25 recommended to maintain parity between 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 7th CPC against the approval by the competent authority. It is really disappointing that the matter duly recommended by the 6th CPC has again been asked by these authorities to be sent to 7th 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 6th CPC report in accordance of approval of 21.11.14 by Expenditure.

               J. Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS: It is requested to kindly undo the para 8.1 and offsetting of MACP upgradation with time scale and also grant the MACP benefit in the hierarchy of functional promotions particularly based on the various court verdicts. It is worth to submit that our officers are the worst hit category under MACPS as they were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS.

K. Uniform promotional hierarchy for all Group ‘B’ officers: The promotional hierarchy is varying department to department in the Govt. as under-
a) 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, NCB, Rajya Sabha Secretariat etc.).
b) 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.).
c) Somewhere promotional hierarchy is 4600à6600à8700 (CPWD etc.).
d) Somewhere promotional hierarchy is 4600à4800à6600à7600à8700 (CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.).
e) Somewhere promotional hierarchy is 4600à5400à6600à7600à8700 (CBI, IB, Hindi departments etc.).
f) Somewhere promotional hierarchy is 4600à4800à5400à6600à7600à8700 (CBEC, CBDT, Department of Posts etc.).
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’ should only 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 vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.

L. Upgradation on completion of residency periods 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 No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09. No need to say that the same have been prescribed by DOPT with due diligence and application of mind.
It is, therefore, requested to grant at least non-functional upgradations/in-situ promotions on completion of residency periods as prescribed by DOPT under OM dated 24.03.09 to Central Excise executive officers after entering into Inspector grade particularly keeping in view their extraordinarily acute stagnation, if Govt. is unable to grant functional promotions to them. The officers may kindly be upgraded at least on completion of 1½ times of residency period (based on the precedent of CSS where all Section Officers completing 1½ times of residency period were promoted to the STS post of Under Secretary in 1999), if not on completion of prescribed residency period.
              This point of upgradation on completion of residency periods prescribed by DOPT was also agreed by the Hon’ble 7th CPC in Delhi meeting but kept mum in the report.

M. Merger of Level 9 and 10: 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 7th 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 the Revenue Hqrs vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
                              Thanking you,
Yours faithfully,
                                                                                                                                                           


 (RAVI MALIK),
Secretary General.
 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. 12/AIB/GST/17                                                                         Dt. 23.01.17
To,
The Hon’ble Minister of Finance,
Govt. of India, North Block,
New Delhi.
Sub: Decisions taken by the GST council.
Sir,
Kindly refer to the earlier communications of the Association and the Steering Committee of Associations in CBEC on GST expressing our views to have a strong Centre under GST regime. We are thankful to the administration for taking a call on our communications and holding a meeting with the associations under CBEC on 13.10.16 under the Chair of Member (Admn.) of CBEC. We were assured in the meeting that all our concerns are being taken care by the Hon’ble Finance Minister personally and the interest of the Centre as well as our career prospects will be protected well.
            2. But as came to know through various news items, it is submitted with due regards that the following decisions were taken by GST Council on 16.01.17 totally ignoring our earlier submissions-
(i) Allowing cross empowerment to SGST officers to deal with CGST & IGST and transferring rights to levy & collect IGST to States.
(ii) Empowering States to levy and collect SGST, CGST & IGST, as the case may be, in the territorial waters upto 12 nautical miles from the Coastline,
(iii)Transferring audit and assessment rights to States for collection of CGST of 90% GST assessees falling below annual turnover of Rs. 1.5 crore and transferring 50% CGST assessees falling above annual turnover of Rs. 1.5 crore to States.
3. In this regard, your kind attention is invited to the earlier communication of this Association requesting to avoid transferring the rights for levy and collection of CGST to States and allowing cross empowerment to SGST officers to deal with CGST and IGST.  No need to say that none of the authorities has ever tried to discuss the intricacies of the GST with us but it certainly seems that the decisions taken by the GST Council would result into substantive reduction in assessee base of Centre which would further result into substantive reduction of manpower with CBEC affecting adversely already ‘the worst’ career prospects of our officers who are forced to retire with single promotion in the career of 35-40 years in comparison to 5-6 promotions being enjoyed by their counterparts despite of collecting revenue regularly above the set targets. Accordingly, this Association again requests your goodself to kindly undo the above decisions taken by the GST Council as the same have been taken without any lawful basis as is evident from the forthcoming submissions. 
4. As per Article 269(A) to the Constitution {as amended by the Constitution (One Hundred and First Amendment) Act, 2016}, GST on supplies in the course of inter-state trade or commerce shall be levied and collected by the Government of India and such tax shall be apportioned between the Union and the States. Further, Clause (2) to Article 246A to the Constitution clearly states that only Parliament has exclusive power to make laws with respect to GST where the supply of goods, or of services, or both takes place in the course of inter sate trade or commerce. Thus, as per these provisions of the Constitution, it is the Government of India who is empowered to levy and collect IGST. This power cannot be, in any case, conferred upon States. Moreover, as per sub-clause (c) to clause (4) of Article 279A to the Constitution, the GST Council is empowered only to make recommendations to the Union and the States on Model GST Laws, Principles of Levy, Apportionment of IGST and the Principles governing the Place of Supply. Accordingly, GST Council has not been conferred upon any power by the Constitution to recommend transfer of rights or allowing levy and collection of IGST to States. Hence, the decision taken by the GST Council is not in consonance of the provisions of the Constitution.
5. The area in sea (territorial waters) upto 12 nautical miles from the coastline falls within the territory of India. As per the Constitutional provisions, this area in territorial waters is not included in the territory of any State of India. The territory of India comprises of the territories of States, territorial waters upto 12 nautical miles from the coastline and such other territories as may be acquired by India. Therefore, the powers to tax transactions in the territorial waters upto 12 nautical miles are vested in the Union Government. The decision taken by the GST Council to empower States to levy SGST or CGST or IGST, as the case may be, is in gross violation of the Constitutional provisions. It is emphasized again that the GST Council is not mandated upon to recommend transfer of rights or allowing levy and collection of IGST to States in either territorial waters or territory of India in terms of sub-clause (c) to clause (4) of Article 279A to the Constitution. Hence, the decision taken by GST Council is contrary to the provisions of Constitution.  
6. It is further submitted that the all States taken together and the Centre have equal revenue collection. Further, the number of Assessing Officers for indirect taxes is almost equal in the all States taken together and the Centre. This analysis is supported by the fact that in the training conducted by Centre on GST implementation, 16,000 AOs from all States taken together and 19,000 AOs from Central Government have been trained. Further, CBEC and its officers and employees are smoothly, hassle free and effectively collecting Central Excise duty since 1944 and Service Tax since 1994 contributing the Indirect Taxes Collection to the Union Government always over and above the Budgetary Targets fixed thereof. The CBEC has its establishment of field offices not only at each and every district level location but also at town levels spreading its network of offices across the country. Therefore, there is no logic or rationale in transferring 90% GST assessees falling below annual turnover of Rs. 1.5 crore and 50% GST assessees falling above annual turnover of Rs. 1.5 crore to States for the purpose of audit and assessment. Moreover, the service tax assessees falling within the annual turnover limit of Rs. 10 lakh to Rs. 1.5 crore and above are at present being assessed by the Centre smoothly. By transferring of 90% of these assesses with turn over upto Rs. 1.5 crore to States for levy and collection of SGST & CGST, the officers of Centre would become workless. It is also worth to mention that a Compensation Bill is already under the process and there are Constitutional provisions to compulsorily compensate all States for the loss of their revenue arising on account of implementation of GST for a period of 5 years by the Centre. In view of this compensation, it is no way needed to transfer rights for levy and collection of CGST to States.
7. Hence, this Association strongly feels that the decisions (allowing levy and collection of IGST and transferring taxing powers within territorial waters to States) taken by GST Council are not logical and are contrary to the Constitutional provisions. The decision to transfer 90% of service tax assessees below annual turnover of Rs. 1.5 crore to States is also not supported by any lawful and logical base. Therefore, the said decisions taken by GST Council should be withdrawn immediately.
8. It is also worth to submit that our members are deeply anguished over the transfer of taxing powers of Central Govt. to States’ officers. They all are looking towards your goodself to take immediate necessary steps to resolve the issue. The members of the Central Excise service associations under CBEC are very much agitated by the unilateral decisions taken by GST Council without any consultation with the Associations of stake holder officers in Central Govt. which may lead to countrywide protests under Satyagraha programmes as communicated by the Association vide earlier submissions on the lines of the communication made by the Steering Committee of Associations in CBEC on GST including any legal recourse to protect the career prospects as no authority is communicating with us to give some concrete assurance about our career prospects.
9. In view of the above submissions, this Association requests that the above said decisions taken by the GST Council may kindly be undone immediately. The rights to collect IGST and CGST either in the boundary of the States or area in territorial waters upto 12 nautical miles from coastline are Constitutionally vested with the Centre and should be exercised by CBEC officers only. Further, since the all States taken together and the Centre have equal revenue base and equal manpower of Assessing Officers, all service tax assessees falling within the annual turnover limit upto Rs. 1.5 crore and above should be audited and assessed by Centre only. The GST assessees including present assessees of Central Excise (to be levied CGST on the supply of goods) and Service Tax (to be levied CGST on the supply of services) above the annual turnover threshold of Rs. 1.5 crore should be subjected to the jurisdiction of Centre only and should not be transferred to the States for the purpose of levy and collection of CGST by the officers of States to have a strong Centre in our federal system. It is also requested to take due steps to improve the career prospects of our officers by granting them parity with the better placed counterparts in the form of functional or at least non-functional upgradations. It is worth to mention that no scheme has been introduced to remove the acute stagnation of our officers despite of the decision already taken by the Cabinet to bring some scheme independent of cadre restructuring.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1. Hon’ble Prime Minister of India, PMO, South Block, New Delhi.
2. The Hon’ble MOS, Deptt. of Revenue, Ministry of Finance, North Block, New Delhi.
3. The Secretary, Deptt. of Revenue, North Block, New Delhi.
4. The Chairman, CBEC, North Block, New Delhi.


(RAVI MALIK)  

 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. 13/DPC/17                                                                          Dt. 23.01.17                                                                                                                                                     IMMEDIATE PL.
To,                              
Ms. Vanaja N. Sarna,
Member (Admn.), CBEC,
North Block, New Delhi.
Sub: Request to conduct DPC for the post of Asstt. Commissioner for the years 2014-15, 2015-16, 2016-17 and 2017-18 including remaining vacancies of 2013-14.
Sir,
Kindly refer to the earlier communications of the Association regarding the pending DPCs for the post of Asstt. Commissioner.
            2. Your kind attention is invited to the para 2.4.1 of the DOPT OM No. 22011/5/86-Estt. D Dt. 10.03.89 as well as para 6.4.1 of the DOPT OM No. 22011/5/86-Estt. (D) Dt. 10.04.89 mandating about holding of single DPC in case of DPC not being held timely for more than one years. As the concerned section of CBEC is habitual of making terrible delay in holding the DPCs for the post of Asstt. Commissioner, our officers are forced to retire without promotion despite of thousands of promotional posts being in hand.
3. It is further submitted with due regards that the DPCs are being delayed 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. It seems that the concerned section is having totally indifferent attitude regarding DOPT provisions. Non-serious attitude of the concerned section on the issue 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 3 years
   2015-16                      January, 15                     still awaited          already 2 years
   2016-17                      January, 16                     still awaited          already 1 year
4. As per the DOPT OM No. 22011/1/2011-Estt.(D) Dt. 23.04.15, the Appointment Committee of Cabinet has viewed this matter seriously. But very unfortunately, the matter is not being taken seriously by the CBEC. As per the DOPT provisions vide OM No. 22011/9/98-Estt (D) Dt. 08.09.98 reiterated in OM No. 22011/1/2011-Estt (D) Dt. 11.03.11 and 22011/1/2011-Estt (D) Dt. 13.12.13, the DPC for a financial year should be conducted well in advance latest by the month of January of the preceding year. No need to submit that the prescribed schedule should strictly be followed whether the DPC is conducted for regular promotions or ad hoc promotions. Above provisions have again been reiterated very recently by the DOPT.
5. It is further submitted that the chain vacancies on account of cascading effect from higher side are also required to be included for the promotion to the post of Asstt. Commissioner as per the DOPT OM No. 22011/9/98-Estt(D) Dt. 06.10.99. It is clearly mentioned in this OM that the existing and clear anticipated vacancies as well as chain vacancies on account of retirements, promotions etc. in all the higher grades/hierarchy should be included for the purpose of DPC.
6. As far as the amendment in RRs is concerned, the para 3.1 of the DOPT OM No. 22011/5/86-Estt. (D) Dt. 10.04.89 also says that the holding of DPC meetings need not be delayed or postponed on the ground that RRs for a post are being reviewed/amended. Moreover, the amended RRs are not required to be awaited for the promotions to be granted on ad hoc basis.
            7. It is also submitted that there is no legal stay against convening of the said DPC/s. It is also worth to mention that 2118 temporary posts of Asstt. Commissioner were created only for 5 years w.e.f. 18.12.13 to be filled by promotions, out of which more than 3 years have already expired. Our officers are forced to retire without promotion (only IInd in the career of 35-40 years) due to this indifferent approach and delayed process despite of thousands of promotional posts being in hand. There are already 1766 (or even more) posts of Asstt. Commissioner meant for promotion from Group ‘B’ vacant as on date for the years 2014-15, 2015-16 and 2016-17. The posts for the year 2017-18 are yet to be added in the above figure.
            8. If there is any problem in calculating the exact number of vacancies (which shouldn’t be there as all records are available with the CBEC), a consolidated tentative eligibility list may be used. The use of tentative list is already in practice in the Department of Revenue as the Principal Chief Commissioner of Income Tax, Chandigarh recently circulated the tentative eligibility list vide letter F.No. Pr.CC/CHD/CB-1/2015-16/81-82 Dt. 01.07.15.
9. Even if due to some unavoidable reason the information is not available in r/o retired officers, the DPC may be conducted immediately in r/o the working officers without further delay otherwise many more officers will also be forced to retire without promotion. It is worth to mention that around 1000 officers have already retired without promotion after the DPC of October, 14 and 49 more will retire this month.
            10. Due to the delayed process, even the extended panel is unable to give any benefit to our officers as the officers figuring in the extended panel also retire before the holding of DPC. The concerned authorities are requested to be quite serious for us remembering that we are the actual tools and are always instrumental in collecting the revenue for the govt. always above the targets. Our officers are merely being punished without any fault of them by snatching their legitimate right of promotion. Accordingly, provisions of extended panel may also duly be implemented. If posts remain unfilled, the same may kindly be carried forward to next year without delay.
11. Giving due consideration to above submissions alongwith DOPT provisions, it is requested -
i) To hold the immediate DPC against all unfilled/existing/anticipated posts of Asstt. Commissioner for the years 2014-15, 2015-16, 2016-17 & 2017-18 including the remaining vacancies of 2013-14 in CBEC.
ii) To duly implement the provisions of extended panel.
iii) To duly carry forward the unfilled/remaining posts of preceding years to next year.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Revenue Secretary, North Block, New Delhi.
2) The Chairman, CBEC, North Block, New Delhi.
3) The DG, HRD, CBEC, New Delhi.



(RAVI MALIK)