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. 55/AIB/C/17
Dt. 17.03.17
12th
Convention and General Body Meeting
As
already communicated, it is to inform to all concerned that the 12th
Convention and General Body Meeting of the All India Association of Central
excise Gazetted Executive Officers would be held at Gandhidham as a joint
venture by Kandla & Kutch units on 27.05.17 (Saturday) & 28.05.17
(Sunday). Sh. H. G. Mathew (Mob. 09913700195/Sh. C. H. SURESH (Mob.
09824302023)/Sh. A. K. Meena (Mob. 09429563815) may kindly be contacted for
details of arrangement. All units are requested to intimate them number
of delegates well in advance for proper arrangement.
It
is also requested to all concerned to kindly make it convenient to attend the
same. The agenda and schedule will be intimated in the due course.
Thanks.
With regards,
(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); 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. 57/AIB/M/17
Dt. 20.03.17
To,
Ms. Vanaja Sarna,
Member (P&V), North
Block,
New Delhi.
Sub: Merger of three group
‘B’ executive non gazetted and also group ‘B’ executive gazetted streams.
Madam,
As
your goodself knows, it is submitted with due regards that the Inspectors of
Central Excise, Preventive Officers and Examiners of Customs all are mentioned
as Inspector only (belonging to one & the same single cadre of Inspector)
in the recruitment rules. The Central Excise Inspector is also mentioned as
Inspector of Land Customs in the recruitment rules. Thus, he/she doesn’t only perform the duties
relating to Central Excise & Service Tax but also performs the duties
relating to Customs. All of the above three non-gazetted categories of
Inspector are promoted to the post of Superintendent of Central Excise &
Land Customs, Superintendent of Customs and Appraiser of Customs respectively
at gazetted level and merged as Asstt. Commissioner at JTS group ‘A’ entry
level belonging to one & the same single cadre. But the Inspector of
Central Excise & Land Customs is placed particularly far behind the
Examiner during this process. As a result, the Inspector of Central Excise
& Land Customs becomes junior even by decades to the Inspector (Examiner)
of the same year despite of being recruited to one & the same cadre. As a
consequence, the officers joining as Inspector in 1984 are still waiting to
enter into group ‘A’ JTS while the Examiner of 1984 has already become Addl.
Commissioner. This injustice & discrimination is required to be undone
immediately by granting the parity in promotions to the former category with
the later keeping their relative seniority intact after common entry into the
job. No need to say that we have nothing
against the Examiners or Appraisers of Customs but our simple request is that
we should be placed at par with them as agreed by the Board on many occasions.
2.
In terms of bulk of work also, the former category of officers is performing
more bulk of Customs work under the Central Excise formations than the later
one. This very well depicts that the former category of officers is more expert
than the later one not only in Customs work but also in the work of Central
Excise & Service Tax whereas later has no work experience on account of no
exposure to any work relating to Central Excise & Service Tax. Due to the
faulty recruitments rules & discriminatory promotion policy, the officers
belonging to Central Excise & Land Customs are forced to work under their
extreme juniors of Customs (Examiners and Appraisers).
3.
Not only the recruitment rules but also the merger of above three categories at
group ‘A’ entry level proves that all of these relate to one & same single
cadre. Despite of it, there is huge difference in their promotional avenues
placing the officers recruited as Central Excise Inspector at the worst
position to force them working under their extreme juniors of Customs against
all norms. This extraordinary situation of discrimination, disparity &
injustice happens only in the CBEC under the Govt. of India. As far as the
ratio system for entry into group ‘A’ from group ‘B’ gazetted level is
concerned, even DOPT guidelines doesn’t mandate it on account of the number of
regular posts meant for promotion too less.
4.
The extraordinarily acute stagnation being faced by the Central Excise executive
officers has also very well been admitted by the CBEC on various occasions
including the Board meetings of 12.01.11, 18.02.11 & 09.04.14 and also in
the proposal of cadre restructuring as well as file F. No. 8/B/36/HRD
(HRM)/2014 as below but unfortunately, no step has been taken to resolve the
issue till date -
i)
that the Central Excise executive officers are retiring with single promotion
in their service span of 35 years while the Examiners of Customs are reaching
the level of Additional Commissioner.
ii)
that the 1992 batch Examiner has already been promoted to the post of
Asstt./Deputy Commissioner while 1975 batch Inspector is still waiting for
promotion as Asstt. Commissioner. Not only it, the 1984 batch Examiner has
already been promoted to the post of Joint Commissioner.
iii)
that the Central Excise executive officers are retiring even without second
promotion due to the gap of 17 to 18 years between the Inspector and Examiner
in entering group ‘A’ and
iv)
it is required to give equal opportunity for promotion to group ‘A’ to these
officers.
5.
Thus, the extraordinarily acute stagnation being faced by the Central Excise
executive officers has also very well been admitted by the CBEC. These
disparities can only be removed by bringing all Inspectors, Preventive officers
and Examiners of same year to the same level of promotion through the process
of merging all of the three non-gazetted categories and also gazetted
categories at Group ‘B’ non-gazetted as well as Group ‘B’ gazetted level. Mere
simple merger or preparation of unified seniority list will never undo the
above said injustice, disparities & discrimination. These disparities can only be removed by bringing all Inspectors,
Preventive officers and Examiners of same year to the same level of promotion
as also admitted by the CBEC on 18.01.11 during the presentation on cadre
restructuring saying that the matter is already under examination.
6. Your
kind attention is also invited to the verdict given in OA No. 2323/2012 by Principal
Bench of Hon’ble CAT in which the Hon’ble CAT has directed to expedite the process
of amendment of the Recruitment Rules in r/o the prayer seeking amendments/revision of the Recruitment Rules
to bring all the Inspectors (i.e. Inspectors of Central Excise, Preventive
Officers and Examiners of Customs) recruited
in a particular year through All India Combined Examination in parity to
maintain the principle of equal opportunity & equality before law and to save the senior Central Excise officers from humiliation
of working under their juniors of Customs belonging to the same cadre of
Inspector in CBEC.
7.
This parity is very well possible by adopting the measures like time bound promotions, notional promotions,
creation of supernumerary posts, creation of separate service, direct promotion
to higher post/s or any other specific measure/s and re-framing the RR’s
in strict consonance of the OM No.
AB-14017/61/2008-Estt.(RR) dt.24.03.09 of DOPT (not being followed by CBEC)
clearly stipulating the promotion of Inspector completing 12, 17 & 20 years
of service respectively to the grade of JC, ADC & Commissioner and so on.
The validity of this OM was also admitted by the CBEC during the presentation
of cadre restructuring proposal on 18.01.11 but they showed their inability to
implement it due to the want of required number of vacancies. As far as the
problem of the want of required number of vacancies is concerned, it can be
solved by creation of the supernumerary posts or even by in-situ promotions
(requiring no creation of posts) with the clause of counting the in-situ
service for further promotions. Regarding the time bound promotions, the CBEC
itself recommended for the grant of time scales after every 7 years to the 6th
CPC for our executive officers as one of the measures to solve the problem
which may kindly be utilised now as per own recommendations of the CBEC.
Accordingly, it is requested that the new RR’s may kindly be framed prescribing
qualifying service as follows based strictly on the above mentioned OM of DOPT
after unifying all of 3 categories into single stream without trifurcating the
single cadre of Inspector at group
‘B’ non-gazetted as well as group ‘B’ gazetted level–
(i)
2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining
as Inspector.
(ii)
7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining
as Inspector. (It is also worth to
submit that the most of the group ‘B’ gazetted officers including CSS are being
promoted to a senior group ‘A’ post instead of junior group ‘A’ in Central as
well as State governments.).
(iii)
12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining
as Inspector.
(iv)
17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining
as Inspector.
(v)
20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining
as Inspector.
(vi) and so on.
8. In addition to the above residency periods and
keeping in view the extraordinarily acute stagnation of Central Excise
executive officers, there should kindly be incorporated the permanent
provisions in the recruitment rules at every
level to promote the officer automatically to the next higher grade,
if his/her stagnation in a grade reaches 1½ times of qualifying service. Such provisions may be created based on the
precedent of promoting all the Section Officers (analogous to our
Superintendent) of CSS to the post of Under Secretary (analogous to our Deputy
Commissioner) in 1999 after completion of 1½ times of qualifying service. This
will not only remove the regional disparities but also grant the opportunity to
our officers to reach higher levels like their common entry counterparts. It is
also well pertinent to mention that any officer is called stagnated, if he/she
doesn’t get promotion even on completion of 1½ times of qualifying service
prescribed for promotion by DOPT.
9. As per the minutes drawn against point No. 2 of
the meeting held under the Chairpersonship of the former Member (P&V) on
31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC, it has already
been mentioned that the work of framing new RR’s is going on and its progress
is being monitored very closely on regular basis. Further, it has
been mentioned that the RR’s as per DOPT guidelines would be finalized soon.
So, the matter is required to be expedited immediately in strict consonance of
the relevant DOPT guidelines issued vide OM No. AB-14017/61/2008-Estt.(RR) dt.
24.03.09.
10. It is again overwhelmingly requested to bring all of
three categories at par in the matter of promotions on batch to batch basis
keeping their seniority intact after entry into Inspector grade by framing the
rules in the above submitted fashion. In the meantime as a first step towards
parity, the group ‘A’ entry level posts may kindly be filled-in on the basis of
the length of service rendered in group ‘B’ gazetted grade on the lines of the
IRS Rules of 1987. No group ‘A’ entry post should be shared by Customs till
Central Excise Superintendents come at par with the counterparts of Customs.
11.
In view of the above, it is requested to kindly finalise the Recruitment Rules
at an early date to bring all the Inspectors (i.e., Inspectors of Central
Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India
Combined Examination at par in the matter of promotions by merging all of the three non-gazetted categories and also
gazetted categories at Group ‘B’ non-gazetted as well as Group ‘B’ gazetted
level.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
(1)
The Chairman, CBEC, North Block, New Delhi.
(2)
The Revenue Secretary, 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); 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. 59/AIB/M/17
Dt. 24.03.17
To,
Sh. Arun Jaitley,
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,
Kindly refer to the Ref. No. 09/AIB/G/17 Dt. 17.01.17 of
the Association submitted to your goodself in person on 17.01.17.
2.
It is further submitted with due regards that the redressal of employee
grievances are long pending in the CBEC. The following points are, therefore,
submitted for your kind consideration and due redressal at an early date-
(A)
INITIAL PAY SCALE-Initial pay scale to Central Excise Superintendent at par
with DSP of CBI alongwith other perks & allowances etc.: 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 or any
other. 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)
NFU TO COMPENSATE LACK OF PROMOTIONS-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 also 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, Level-13) 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, Level-10).
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 (Level-14). Thus, 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 on batch to batch basis 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) WORKING UNDER JUNIOR OFFICERS OF SAME CADRE-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)
TIME SCALE AFTER 4 YEARS OF SERVICE-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) PROMOTION TO STS POST-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 (Level-11)
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. 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
REMOVE STAGNATION-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 more than 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 our stagnation. These temporary
posts will only enable to get around 4% of our
officers a 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 under FCS. Benefit of this scheme
has also been given to Drivers under DACP.
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. No need to say that these residency
periods have been prescribed by DOPT with full application of mind.
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 and also asking the empowered committee to examine the grant of at
least 5 functional promotions to our officers. But very unfortunately, the
Department of Revenue paid no heed to the recommendations of CBEC.
(G) ARREARS OF PAY IN R/O
INSPECTOR CADRE-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. No need to say that all of then Inspectors have become
Superintendents now.
(H) ARREARS OF PAY IN R/O SUPERINTENDENT
CADRE-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 till 2003 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) 6TH
PAY COMMISSION RECOMMENDATIONS-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 the 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. 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 said authorities. 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)
MACP IRREGULARITIES-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. Very recently on 14.02.17, The High Court of Madras has also upheld in
the order against WP No. 33946, 34602 & 27998 of 2014 and also WMP No.
32682 & 32683 of 2016 that officers can’t be placed at less beneficial
position under MACPS in comparison to ACPS.
(K) PROMOTIONAL HIERARCHY-Uniform
promotional hierarchy for all Group ‘B’ officers:
The promotional hierarchy is varying department to department in the Govt. of
India as under-
a) Somewhere Group ‘B’ Gazetted Officers are promoted to
Level-10 (CBEC, CBDT, Department of Posts etc.), whereas they are being
promoted to Level-11 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
Level-10 (CBI, IB, Hindi departments etc.), whereas they are being promoted to
Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD etc.) or Level-9 (Department of
Posts etc.) at other places.
c) Somewhere promotional hierarchy is Levl-7àLevel-11àLevel-13
(CPWD etc.).
d) Somewhere promotional hierarchy is Level-7àLevel-8àLevel-11àLevel-12àLevel-13
(CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha
Secretariat etc.).
e) Somewhere promotional hierarchy is Level-7àLevel-9àLevel-11àLevel-12àLevel-13
(CBI, IB, Hindi departments etc.).
f) Somewhere promotional hierarchy is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13
(CBEC, CBDT, etc.).
g) Somewhere promotional hierarchy is Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13
(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 Level-10 & Level-11 and also Level-12 & Level-13
being functionally same, ideal promotional hierarchy for all after entry
into Group ‘B’ should only be “Level-7àLevel-11àLevel-13àLevel-14à” 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
Level-7 to Level-11 and 10 years for Level-11to Level-13 and further 3 years
for Level-13 to Level-14 and so on.
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) RESIDENCY
PERIODS-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)
BIFURCATION OF SAME GRADE PAY-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
a 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); 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. 60/T&P/17
Dt. 27.03.17
To,
Ms. Vanaja N. Sarna,
Member (Admn.), CBEC,
New Delhi.
Sub:
Transfer & posting of newly promoted group ‘A’ officers.
Madam,
As your goodself
knows, it is submitted with due regards that 844 officers have been promoted to
the post of Asstt. Commissioner vide
Office Order No. 33/2017 Dt. 23.02.17 of CBEC including 732 officers
belonging to the Central Excise stream. It is also worth to mention that the
said order has been issued technically to promote these officers on
"in-situ" basis due to the only reason that all of the promoted officers
may be able to join as Asstt. Commissioner on the existing station/office of
their posting.
2. It is further submitted that the intention behind the
"in-situ" term was noway to keep them working on the post from which
they have been promoted but it was actually intended to be
"in-station" promotion/joining till the issuance of their
transfer/posting orders. Thus, it is also worth to submit that they might have
been allowed to take the charge of the post of the Asstt. Commissioner at the
existing place/Commissionerate/Zone by the concerned authority.
3. In view of the
above, it is requested that all of such officers may kindly be allowed to take
the charge of the post of the Asstt. Commissioner at the existing
station/Commissionerate/Zone to make maximum utilisation of the manpower at
group 'A' JTS level in the interest of the govt. revenue till further orders
for their transfer/posting are issued.
Thanking you,
Yours
faithfully,
(RAVI MALIK),
Secretary General.
