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.
80/AIB/G/17
Dt. 06.04.17
To,
Ms. Vanaja N. Sarna,
Chairperson, CBEC,
North Block, New Delhi.
Sub: Request for
redressal of grievances under employee grievance redressal mechanism.
Madam,
The
following points are submitted with due regards for your kind consideration and
due redressal-
(A)
DPC for the year 2016-17 and 2017-18 for the post of Asstt. Commissioner in
CBEC: DPC for a financial year should be conducted well in advance
latest by the month of January of the preceding year as per the DOPT OMs No. 22011/1/2011-Estt.(D) Dt.
23.04.15, 22011/9/98-Estt (D) Dt. 08.09.98, 22011/1/2011-Estt (D) Dt. 11.03.11,
22011/1/2011-Estt (D) Dt. 13.12.13, 22011/1/2011-Esstt(D) Dt. 27.10.16 etc. Accordingly, the DPC for the year
2016-17 and 2017-18 should have been convened in the month of January, 2016 and
January, 2017 respectively. 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,
VRS, demise etc. in all higher grades/hierarchy should be included for the
purpose of DPC. It is requested to convene DPC against all
unfilled/existing/anticipated posts of Asstt. Commissioner including
promotion quota against regular/permanent posts, retirements, VRS, demise,
backlog vacancies etc. as our officers are forced to retire waiting for the
rarest IInd promotion.
(B)
Initial pay scale to Central Excise Superintendent at par with DSP of CBI
alongwith other perks & allowances etc.: Central Excise Superintendents are considered analogous to
the post of DSP in CBI. They are also eligible to be appointed to the post of
DSP in CBI on ‘transfer on deputation’ basis. Till 07.02.96, the pay scale of
both posts was same, i.e., Rs. 2000-3500/-. However, the Govt 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 and also without recommendations
of CPC. Whereas new higher responsibilities of judicial 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. 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 pay scale of Central
Excise Superintendent has not been increased despite of regular increase in
their responsibilities. 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. They are also being conferred with the new additional
responsibilities every year in the Finance Bill (Budget). They are again going
to bear new & 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 on 21.04.04 to grant them parity with DSP of
CBI/DCIO of IB, 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. It is requested to place Central Excise
Superintendent at least under a grade pay of Rs. 5400/- in PB3 (Level-10) or
equivalent scale alongwith other perks
& allowances etc. w.e.f. the date of grant of the same to the DSP of
CBI.
(C) 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: All organised group ‘A’
officers recruited with IAS in the same pay scale through common entry have
been granted 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. CBEC sent a proposal to the 7th CPC, as approved by
the CBEC (and as advised by the Department of Expenditure) for grant of non-functional financial
upgradation granting batch to batch financial parity to Group ‘B’ Executive
officers with the analogous posts in Central Secretariat, vis. Assistant.
However, CPC does not appear to have examined this proposal. As far as the group ‘B’
officers are concerned, the CSS officers are the best placed group ‘B’ officers
of Govt. of India. The group ‘B’ officers at the level of Inspector of Central
Excise and the Assistant of CSS are recruited in a common scale of
pay through common entry examination conducted by SSC. The officers
recruited as Assistant (Group-B, Non Gazetted) in the Ministries get the
benefit of promotions upto the Joint Secretary level, i.e., i) SO with GP of
Rs. 4800 and with GP of Rs. 5400/- in PB3 after 4 years of service, ii) US
(Grade-I) with GP of Rs.6600/-, iii) DS with GP of Rs. 7600/-, iv) Director
with GP of Rs. 8700/- in PB-4 and v) JS with GP of Rs. 10000/-. However, the
most of their counterpart Inspectors of Central Excise in CBEC recruited as
Group-B (Non Gazetted) through the same All India competitive examination get
only one promotion in 35/40 years of service career. It is requested
that the Central Excise Superintendents/Inspectors 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. after entry into
Group ‘B’ or equivalent grade on batch to batch basis enabling them to retire in PB4 like their counterparts.
(D)
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: The Cabinet/CRC/Cabinet Secretary recommended to take extra measures to
remove stagnation of group ‘B’ Central Excise executive officers independent of
cadre restructuring. But very unfortunately, no measures have been taken till
date 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 our
officers are getting salary even less than the pension of the 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 such scheme has also been given to Doctors. 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 & 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, Level-13) 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). In view of
the above particularly keeping in view their
extraordinarily acute stagnation, it is requested that the Central
Excise Superintendents may kindly be granted (a) At least 5 in-situ
promotions in the 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.
(E) 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: The MACP Scheme
envisages placement merely in the immediate next Grade Pay instead of
promotional hierarchy. One MACP upgradation has also been offset with the
non-functional time scale granted to Group B gazetted officers after completion
of 4 years of service. Further, single grade pay of Rs. 5400/- was also
bifurcated into two, i.e., Rs. 5400/- in PB2 and PB3 without the difference of
a single rupee under para 8.1 of MACPS. Pay commission didn’t make any
recommendation to offset the MACP upgradation with time scale. The procedure to
grant time scale and MACP upgradation is also totally different. Promotional hierarchy is also
varying department to department which is required to be made uniform.
Somewhere Group ‘B’ Gazetted officers are promoted merely to a post at Level-10
(CBEC etc.) whereas they are being promoted to a post at Level-11 (CSS, Rajya
Sabha Secretariat, MEA, DANICS, DANIPS, CSSS, AFHQ, Railway Board, Foreign
Services, Administrative services, Forest services, Police services, DANICS,
DANIPS, State services etc.) at other places. Like it, somewhere Group ‘B’
Non-Gazetted Officers are promoted to a post at Level-10 (CBI, IB, Hindi wing
of CBEC etc.) whereas they are being promoted to a post at Level-8 (CBEC etc.)
or Level-7 (CPWD etc.) at other places. Somewhere Group ‘B’ Gazetted Officers
are placed in Level-7 (CPWD etc.) whereas Level-8 (CBEC etc.) and also Level-9
(Postal department, Audit & Accounts services etc.) at other places. Somewhere
promotional hierarchy is Level-7àLevel-11àLevel-13, somewhere
Level-7àLevel-8àLevel-11àLevel-12àLevel-13,
somewhere Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13
and somewhere it is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13.
Some Group ‘B’ Gazetted Officers have been granted the time scale in PB2 and
others in PB3. Due to
varying promotional hierarchies, some officers got a Grade Pay of Rs. 7600/-
and some Rs. 6600/- on IIIrd MACP upgradation. The worst hit category is the Central Excise Superintendents who are now
able to get only a grade pay of Rs. 5400/- after 30 years or more service which
they were able to get only after 24 years of service under ACPS. Thus,
the MACPS is totally unable to fulfill the basic purpose of grant of the
financial upgradations to counter stagnation due to the lack of promotional
avenues. The source of MACPS being one and the same, i.e., common
recommendations of the 6th CPC, it is also worth to mention
that the State governments like Uttar Pradesh etc. have not offset the MACP
upgradation with the time scale. There also exist no same Grade Pays like para
8.1 of MACPS in the Central Government. They have also granted the IIIrd MACP
upgradation within 26 or less years to their employees without bifurcating the
single grade pay at any level. As a result, their officers are able to get 4
financial upgradations (3 financial upgradations+1 time scale) as a combined
effect of time scale and MACP Scheme. The Hon’ble Supreme Court of
India vide SLP No. 7467/2013 filed by the Government against the
judgement of the Hon’ble High Court of Chandigarh in CWP No. 19387/2011 has
already confirmed the order dated 31.05.2011 of Chandigarh CAT for grant
of financial upgradation in the promotional hierarchy under MACPS. Thus, para
8.1 is not in consonance to the verdict given by the Hon’ble Supreme Court and
is liable to be scrapped w.e.f. its initiation. The offset of the MACP
upgradation is also liable to be scrapped w.e.f. its initiation as per the
verdict given by the Hon’ble Supreme Court in the case of Delhi Nurses
Union (Regd.) Vs. U.O.I. and also by the Hon’ble CAT of Ernakulam in the case
of Sh. N. K. Gopinatham Vs. UOI. So, it is requested to grant
MACP upgradations based on functional hierarchy without offsetting with
the time scale with the
provisions for stepping-up of the pay of seniors at par with the juniors
in conformity with the decision of Hon’ble Apex Court in Ashok Kumar case and
also without bifurcating any grade pay.
(F)
Verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT:
Kindly refer to the verdict given in the OA No. 2323/2012. Association
filed the said OA 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. Accordingly
the Govt. undertook before the Hon’ble CAT that the amendment of the
Recruitment Rules to the said effect is already under process. Hon’ble CAT has directed to expedite
the process of amendment of the Recruitment Rules by taking effective steps for
Notification within a reasonable period, preferably within four months from the
date of receipt of a copy of the order. Accordingly, it is requested to
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 to save the senior Central Excise officers from
humiliation of working under their juniors of Customs.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
