" 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.

Sunday, 9 April 2017

Written submissions to RS

Annexure-1
Points in table form

Sl. No.
Point
Brief
A- DPC
DPC for the year 2016-17 and 2017-18 for the post of Asstt. Commissioner in CBEC.
DPCs for the year 2016-17 & 2017-18 were due in January, 2016 & January, 2017 respectively. DOPT OMs No. 22011/9/98-Estt (D) Dt. 08.09.98, 22011/9/98-Estt. (D) Dt. 14.12.2000, No. 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. say that the DPC for a financial year should be conducted well in advance latest by the month of January of the preceding year. It is requested that the DPCs may kindly be convened immediately. A bit detailed submissions are enclosed as Annexure-A.
B- INITIAL PAY SCALE
Initial pay scale to Central Excise Superintendent at par with DSP of CBI (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16) 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 posts 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. 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 the 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 these officers 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. A bit detailed submissions are enclosed as Annexure-B.     
C- 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. (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
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 Chairman, 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. A bit detailed submissions are enclosed as Annexure-C.
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/counterparts of CSS, CSSS etc. w.e.f. 01.01.96. It is 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. Superintendents are at loss of one level in MACPS due to non-grant of time scale in PB3 in comparison to other counterparts. A bit detailed submissions are enclosed as Annexure-D.
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 (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
The most of group ‘B’ gazetted officers in the Central as well as State governments are being promoted directly to a Senior Time Scale (STS) post with Grade Pay of Rs. 6600/- in PB-3 (Level-11) including CSS, MPA, MEA, DANICS, DANIPS, Railway Board, CPWD, CSSS, AFHQ, Rajya Sabha Secretariat, Forest services, Police services, Foreign Services, Engineering services, Directorate of Enforcement in our own department of Revenue, State services etc., while 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 (Level-10). The rationale behind such a provision of direct promotion to STS group ‘A’ is based on the fact of the promotee officers having gained rich job experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers. Central Excise Superintendents are not being given the said benefit despite of being served for the longest period in group ‘B’ as compared to any other category of the group ‘B’ employees of the Govt. of India. Before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’ since senior time scale was not available at that point of time. It is requested that Superintendents of Central Excise may also kindly be promoted directly to a senior group ‘A’ post (STS) like many other counterparts. Superintendents are also at loss in MACPS due to non-grant of next promotion in STS in comparison to other counterparts. A bit detailed submissions are enclosed as Annexure-E.
F- SCHEME TO REMOVE STAGNATION
Scheme to improve the career prospects of Central Excise Superintendents to grant minimum 5 functional promotions as our officers are retiring with single promotion in the service career of 35-40 years (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 and Cabinet also approved to bring a scheme to remove the stagnation of group B Central Excise executive officers independent of cadre restructuring).
Our officers are forced to retire with single promotion on a PB2 post (Level-8) in a career of 35-40 years barring 1% after joining the job as Inspector (Level-7) whereas our counterparts are easily attaining PB4 levels (Level-13 & above) with 5-6 promotions. 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. Temporary posts of Asstt. Commissioner created in the cadre restructuring are also unable to undo the injustice, that’s why the Cabinet approved to bring measures independent of cadre restructuring on the issue of our stagnation. Creation of the said temporary posts does not provide adequate and permanent solution to the problem of acute stagnation in Group ‘B’ Executive grades. These temporary posts will only enable around 4% of our officers get JTS post without any right for further promotions. Central Excise Superintendents/Inspectors 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 as well as same nature of job. 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). A scheme is, therefore, required to be formulated on immediate basis enabling Central Excise Superintendents and Inspectors also entered into PB4 levels (at least a Grade Pay of Rs. 8700/-/Level-13) like the common entry counterparts of CBDT, CSS, Customs etc. Accordingly, it is requested that Superintendent grade officers in CBEC should be allowed minimum 5 functional promotions after joining as Inspector taking the measures like time bound promotions, notional promotions, supernumerary posts, separate service, direct promotion to higher posts/s, in-situ promotions, functional or even non-functional upgradation etc. It is also worth to mention that our Inspector is eligible to get the grade of Commissioner within 20 years as per DOPT provisions. He should, therefore, get the grade of Commissioner at least within 30 years of service, if not within 20 years. A bit detailed submissions are enclosed as Annexure-F.
G- FLEXIBLE COMPLEMENTARY/DYNAMIC ASSURED CAREER PROGRESSION SCHEME
Flexible Complementary/Dynamic Assured Career Progression Scheme for Superintendents in accordance of the observation of CBEC under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 about the disparities in promotions that it is an alarming anomalous situation.
It is reiterated that 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. As submitted under the preceding point of NFU, 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 (if 5 functional promotions are not possible), it is requested that the Central Excise Superintendents may kindly be granted-
(a) At least 5 in-situ promotions in uniform promotional hierarchy (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.
A bit detailed submissions are enclosed as Annexure-G.
H- 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.
Said 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, if pay commission recommends the same pay scale for both categories of Inspectors. All of the then Central Excise Inspectors have already become Superintendents. Jabalpur CAT also never said to consult the Expenditure Department in the matter. 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 categories. The pay commission recommended same pay scale for both categories of Inspectors but the implementation of the subject-mentioned circular is still awaited despite of being pursued by the Association on regular basis and repeated assurances given by the administration. It is requested to implement the said circular particularly considering the fact that our officers are retiring on regular basis without getting its benefit. A bit detailed submissions are enclosed as Annexure-H.
I- 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 & the same RRs having a common seniority list for being promoted to the common post of Asstt. Commissioner
Pay scale of the Superintendents of Narcotics Control Bureau was revised to Rs. 7500-12000/- from Rs. 6500-10500/- w.e.f. 01.01.96 with all consequential benefits vide U.O. No. 169/1/2005-IC dt. 11.04.05 of the Department of Expenditure leading to the issuance of Order F. No. II/2(38)/2004-Estt. dt. 20.04.05 by the Narcotics Control Bureau whereas the pay scale of the Superintendents of Central Excise was revised to Rs. 7500-12000/- from Rs. 6500-10500/- prospectively w.e.f. 21.04.04, i.e., from the date of issuance of the order vide O.M. No. 6/37/98-IC dt. 21.04.04. Superintendents of Narcotics Control Bureau were granted the retrospective benefit despite of the fact that their pay scale was revised even after the revision of pay scale of Superintendents of Central Excise based on the parity and precedent of Central Excise Superintendents. Superintendents in Narcotics Control Bureau were also granted the non-functional time scale on completion of 4 years of service based on the parity and precedent of the Superintendents of Central Excise. Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the same post of Asstt. Commissioner till 18.02.03. After it, NCB was transferred to Ministry of Home Affairs. The High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth Pay Commission had categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar. It is requested to give the retrospective effect to the enhanced pay scale of the Central Excise Superintendents at par with the Superintendents of NCB. A bit detailed submissions are enclosed as Annexure-I.
J-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.
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 the recommendations of 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 the post of Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. Subsequently, the post of Chief Enforcement Officer was re-designated as Assistant Director. The duties and responsibilities of Assistant Director (re-designated) of Enforcement Directorate are at par with the duties and responsibilities of the post of Central Excise Superintendent. The Central Excise Superintendents join in Enforcement Directorate as Assistant Director on deputation basis also. The competent authority in the Govt. of India (Department of Expenditure) has 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 6th CPC but it was communicated finally to CBECV 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 totally unjustified that the matter duly recommended by the 6th CPC and duly accepted by the competent authority has again been asked to be sent to 7th CPC. It is requested to kindly undo the discrimination by implementing the para 7.15.24 of 6th CPC report in accordance of the approval by the competent authority of the Expenditure on 21.11.14. A bit detailed submissions are enclosed as Annexure-J.
K- 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.
The MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the hierarchy of the recommended revised Pay Bands and Grade Pay. Not only it, one MACP upgradation was off set with the non-functional time scale granted to various categories of Group B gazetted officers after completion of 4 years of service. Very shockingly, single grade pay of Rs. 5400/- was also classified into two categories, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in PB3 without the difference of a single rupee under para 8.1 of MACPS. The financial upgradation has to be granted on the basis of promotional (functional) hierarchy of posts instead of hierarchy of Grade Pay without offsetting the time scale with MACP upgradation and also scrapping the para 8.1 of the MACP instructions. The worst hit category under MACPS 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. State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the time scale and also having no same Grade Pays under any Band Pay like para 8.1 of MACPS. 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 in comparison to only two for our officers. The offsetting of MACP upgradation with the time scale was also not recommended by the 6th CPC. Thus, the MACPS is totally unable to fulfill the basic purpose of grant of financial upgradations to counter stagnation due to the lack of promotional avenues. It is requested to undo the MACP irregularities without any offsetting with the time scale and also without bifurcating any grade pay by granting the benefit in uniform promotional hierarchy across all department/ministries of govt. of India. A bit detailed submissions are enclosed as Annexure-K.
L- PROMOTIONAL HIERARCHY
Uniform promotional hierarchy for all Group ‘B’ officers across all departments/ministries in Govt. of India (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
The promotional hierarchy is varying department to department in the Govt. of India. 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-11 to Level-13 and further 3 years for Level-13 to Level-14 and so on. A bit detailed submissions are enclosed as Annexure-L.
              
M- BIFURCATION OF SAME GRADE PAY
Merger of Level 9 and 10 (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16)
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 the 7th CPC has retained the same as Level 9 and Level 10. It is requested to merge the same at Level-10. A bit detailed submissions are enclosed as Annexure-M.
Annexure-A
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. 65/AIB/DPC/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: DPC for the year 2016-17 and 2017-18 for the post of Asstt. Commissioner in CBEC.
Sir,
It is submitted with due regards that the 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 conducted in the months of January, 2016 and January, 2017 respectively.
2. 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, VRS, demise etc. in all higher grades/hierarchy should be included for the purpose of DPC.
3. In view of the above, 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.
                        Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.












Annexure-B
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. 66/AIB/P/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Initial pay scale to Central Excise Superintendent at par with DSP of CBI (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16) alongwith other perks & allowances etc.
Sir
            It is submitted with due regards that the feeder cadre of Inspector was placed at par in matter of pay scale in CBEC and CBI on 21.04.04 but the promotional cadre of Central Excise Superintendent is still awaited to be placed at par with the DSP of CBI (promotional cadre for Inspector in CBI). It is further submitted that 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. 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, there is no increase in the pay scale of Central Excise Superintendents despite of the responsibilities of these officers being on regular increase. 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 the Hon’ble 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 will again be conferred new and very important responsibilities under GST.
2. 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 (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/- w.e.f. 21.04.04 instead of Rs. 8000-13500/- or equivalent (pay scale of DSP of CBI/DCIO of IB).
3. Govt. enhanced the pay scale of DSP of CBI without recommendations of CPC and also without any increase in their responsibilities considering them as Police Organisation. However, Hon’ble CAT of Jabalpur in order in r/o OA 45/2000 didn’t 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”.
            4. Till 7.2.1996, the pay scale of both 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 and also without recommendations of CPC. Thus, it is gross injustice not to bring the Central Excise Superintendent at par with the DSP of CBI in the matter of pay scale 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 DSP of CBI etc. are also being paid 25% per month extra salary and also 13 months salary in the year. 
            5. 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. Also Group ‘B’ officers in Sates and Group ‘A’ All India Service Officers are 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 (Level 10). This problem may, however, also be solved by promoting the Superintendent directly to STS (Level 11) post like most of the other counterparts or even making the group ‘A’ entry at Grade Pay of Rs. 6600/- (Level 11).
            6. Grant of the pay scale at par with the analogous counterparts of CBI 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 collected 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. The revenue for the year 2016-17 has also been collected very well above the set target. 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.  
               7. The CBEC has also recommended for the grant of a Grade Pay of Rs. 5400/- in PB3 (Level-10) 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 the Department of Revenue paid no heed to the recommendations of CBEC.
               8. In view of the above, 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.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.





Annexure-C
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. 67/AIB/NFU/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
            It is submitted with due regards that 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 (Level-13 & above) 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) 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, the Central Excise Superintendents are getting salary even less than the pension of their counterparts.
2. 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.
3. As far as the group ‘B’ officers are concerned, the CSS officers are the best placed group ‘B’ officers of Govt. of India like IAS in group ‘A’. 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, Level-7) in the Ministries get the benefit of promotions upto the Joint Secretary level, i.e., i) SO with GP of Rs. 4800/- (Level-8) and Rs. 5400/- in PB3 (Level-10) after 4 years of service, ii) US (Grade-I) with GP of Rs.6600/- (Level-11), iii) DS with GP of Rs. 7600/- (Level-12), iv) Director with GP of Rs. 8700/- (Level-13) and JS with GP of Rs. 10000/- (Level-14). We have nothing against them and wish even more promotions for them but seek at least financial parity with them. However, the majority of their counterpart Inspectors of Central Excise in CBEC recruited as Group-B (Non Gazetted) through the same All India competitive examination gets only one promotion in 35/40 years of service career.
4. The Assistants/Section Officers are working in the headquarters offices on policy making seats whereas the Inspectors/Superintendents of Central Excise are working on more important seats of revenue collection in the field formations and GST in the coming time. Despite of working on more important seats, the Inspectors/Superintendents of Central Excise are not treated at par with the counterparts of CSS at least in financial matters. These CSS counterparts are retiring 4-5 grades above the officers recruited as the Inspector of Central Excise. On account of this, the CSS counterparts are getting 60% more pay than the officers recruited as Inspector of Central Excise. Even the pension of CSS counterparts is more than the salary of the officers recruited as Inspector of Central Excise.
5. The group ‘A’ officers in the Ministries are selected under Central Staffing Scheme on deputation basis from organized Group ‘A’ Services or from CSS officers being promoted from the post of Assistant/Section Officer but no such opportunity is available for the Inspectors/Superintendents of Central Excise who are not only looking after the work relating to the collection of Central Excise duty but also looking  after  the  work of collection of Customs duty (including Inland Air Travel Tax and Foreign Travel Tax) and Service Tax and also GST in the coming time. Needless to submit that they are already earning the maximum portion of the govt. revenues always far ahead of the revenue targets in r/o of Central Excise duty, Customs duty and Service Tax with the efficient, committed & effective efforts despite of their total demoralisation, disappointment and job-dissatisfaction in r/o pay & perks, career prospects and working conditions.
6. Above facts very well manifest the injustice meted out to officers recruited as Central Excise Inspector despite of the most important work of revenue collection being done by them for govt. During this course, they have been facing every threat including life of them as well as their families by the hard core criminals, smugglers and white collared criminals alongwith tremendous administrative pressures. Thus, the officers recruited as the Inspector of Central Excise deserve a far better treatment in every aspect including pay, perks and career prospects. The grant of the non-functional financial upgradation on batch to batch basis with the common entry counterparts of CSS may really be a solace for these hard working Central Excise officers.
7. As far as the importance of the responsibilities is concerned, the Superintendents are discharging all functions relating to assessment, investigation & intelligence, issuance of Show Cause Notices with the responsibility of adjudication. They have not only been conferred with the judicial responsibilities in the matter of adjudication but also been conferred with the judicial responsibilities of recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 and Section 108 of the Customs Act, 1962.  The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. Not only it, the Adjudication Orders are also being prepared by them for the Commissioner level officers. No such responsibilities have been conferred to the CSS officers or any other counterparts of Central Excise Superintendents/Inspectors. It is also important to mention that the judicial officers are not only being highly paid with extra perks but also treated in a far better way in the matter of career prospects than our Superintendents in our country.
8. Though the Central Excise Superintendents are performing more responsible work functions as compared to other common entry counterparts, yet they are facing the worst career prospects instead of being given better treatment. This injustice is being faced by them despite of being the ‘backbone of the government revenue’ on account of being the major revenue collectors for the government in the form of Central Excise duty, Customs duty and Service Tax and also GST in the forthcoming time. In the actual terms, they are the ‘backbone of the government’ on account of being responsible to collect the finance for the government. But very unfortunately, they are being totally ignored in every matter.
9. The parity is the basic concept of our Constitution and the parity in promotions is required to be maintained amongst the similarly placed employees but the Government of India have not initiated any action to maintain parity in promotions as well as pay packages amongst the Group ‘B’ officers. The group ‘A’ officers have already been granted financial parity by the Government of India by the grant of non-functional financial upgradation at par with the counterparts of IAS. Like it, the grant of the batch to batch non-functional financial upgradation after entry into group ‘B’ or equivalent grade is also the immediate need of the time for all group ‘B’ officers to bring them at par at least financially with the best placed group ‘B’ counterparts like CSS etc.  
10. No need to submit that the VIth as well as VIIth CPC has already recommended to bring parity between the officers of headquarters offices and field offices keeping in view the utmost importance of the work being done by the field officers.
11. 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 does not appear to have examined this proposal.
12. 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 nothing has happened to the proposal till date.
             13. 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 on batch to batch basis enabling them to retire in PB4 (Level13 & above) like their counterparts.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

































Annexure-D
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. 68/AIB/P/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Non-functional time scale in PB3 to Central Excise Superintendents like other counterparts instead of PB2 after 4 years of service.
Sir,
            It is submitted with due regards that the non-functional time scale was granted to the group B officers after 4 years of service on the basis of the recommendations of the 6th CPC. This 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 Central Excise Superintendents, that is too since 2006.
            2. It is further submitted that the 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 which justifies 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. Central Excise Superintendents are also conferred with the technical & scientific responsibilities under ACES. No such responsibilities have been conferred upon any other counterpart of them.
             3. 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/counterparts of CSS, CSSS etc. w.e.f. 01.01.96. No need to submit that the Central Excise Superintendents are at loss of one level in MACPS due to the non-grant of time scale in PB3 in comparison to other counterparts.
            4. In view of the above, it is requested to undo the said discrimination by granting a time scale at least of Rs. 5400/- in PB3 (Level-10) to the Central Excise Superintendents w.e.f. the date of grant of the same to officers of CSS & CSSS.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.


Annexure-E
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. 69/AIB/STS/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers of Central as well as State Governments (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
               It is submitted with due regards that the most of group ‘B’ gazetted officers in the Central as well as State governments are being promoted directly to a Senior Time Scale (STS) post with Grade Pay of Rs. 6600/- in PB-3 (Level-11) including CSS, MPA, MEA, DANICS, DANIPS, CPWD, Railway Board, CSSS, AFHQ, Rajya Sabha Secretariat, Directorate of Enforcement in our own department of Revenue, Forest services, Police services, Foreign Services, Engineering services, State services etc., while 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 (Level-10).
2. Not only the promotion directly to STS post, the counterparts of Central Excise Superintendents are also given benefit of seniority in group ‘A’ at many places in lieu of the service rendered by them in group ‘B’. At many places like various services in Railways, Administrative Services, Police Services, Forest Services, State Services etc., the group ‘B’ gazetted officers are allowed the weightage of minimum of 4 years at the time of entry into group ‘A’ also giving them the due benefit of seniority in lieu of the service rendered by them in the group ‘B’ and promotion to STS post. For example, the officers of Provincial Services in Southern States enter into IAS in a grade pay of Rs. 6600/- (Level-11) within 8 years with 4 years of seniority benefit while the most of the Central Excise Superintendents are unable to enter into IRS in a lower grade pay of Rs. 5400/- even after serving for 35-40 years. They enter (if any) into IRS in a grade pay of Rs. 5400/- (level-10) only and retire at same level without any weightage for seniority in group ‘A’.                3. The rationale behind such a provision of weightage or direct promotion to STS group ‘A’ is based on the fact of the promotee officers having gained rich job experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers. But very unfortunately, the Central Excise Superintendents are not being given the said benefit despite of being served for the longest period in group ‘B’ as compared to any other category of the group ‘B’ employees of the Govt. of India.
4. Before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’ since senior time scale was not available at that point of time.  It is also worth to submit that the common entry counterparts of CSS are not only being promoted directly to a STS post (Level-11) from Section Officer (analogous to Superintendent and Level-8) but also reaching the level of Joint Secretary (Level-14). The position in CPWD is even more interesting where an officer with a grade pay of Rs. 4600/- (Level-7) is being directly promoted to a post with a grade pay of Rs. 6600/- (STS) and further directly to a post with the grade pay of Rs. 8700/- (Level-13) from a post with a grade pay of Rs. 6600/-. Thus, they don’t need to serve on a post at Level-8, Level-9, Level-10 and Level-12 for promotion to the Level-13 after entry into a post with merely a grade pay of Rs. 4200/- (Level-6).   
5. Further; the Central Excise Inspectors and Assistants of the Central Secretariat Services (CSS), being analogous posts, are recruited through a common entrance examination conducted by the Staff Selection Commission and in a common scale of pay. Once upon a time, the pay scale of the Assistants was lower than the pay scale of the Central Excise Inspectors but was upgraded at par with them later on. Like it, the pay scale of the Section Officers was also lower than the pay scale of the Central Excise Superintendents once upon a time but was upgraded at par with Superintendents later on. Eventually, the Inspectors are promoted to the rank of Superintendent whereas the Assistants are promoted as Section Officers. The posts of Central Excise Superintendent and Section officer of CSS are analogous, yet the similarity ends here.  Section Officers are promoted directly to Level-11 and reach upto the level of Joint Secretary (Level-14) whereas the Central Excise Superintendents are promoted, if at all, to the Junior Time Scale post merely at Level-10. No need to submit that the Central Excise Superintendents are at loss of at least one level in MACPS due to the non-grant of direct promotion to STS post in comparison to other counterparts.
6. IAS, IPS & IFS (Forest) are the most elite services in the country and the group ‘B’ officers are provided weightage even on promotion to these services in lieu of the service rendered in group ‘B’. But nothing such happens to the Central Excise Superintendents at the time of entry (if any) to IRS, the same also being one of the elite services of the Govt. of India.
7. It is also worth to submit that the Superintendents are not only discharging all functions relating to assessment, investigation & intelligence and issuing Show Cause Notice but have also been conferred with the judicial responsibilities of adjudication and also recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 and Section 108 of the Customs Act, 1962.  The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. Adjudication Orders are also being prepared by them for the Commissioner level officers. However, though the Central Excise Superintendents are performing more responsible work functions as compared to other group ‘B’ gazetted counterparts yet they are facing the worst career prospects instead of being given better treatment. They are being maltreated despite of being the ‘backbone of the government revenue’. In the actual terms, though they are the ‘backbone of the government’ on account of being responsible to earn the finance for the government yet they are being totally ignored in every matter.
8. Like CSS, there is a provision of direct recruitment in Group-B non-gazetted and Group-B gazetted posts in CBEC. Hence like CSS , the Group-B gazetted officers of Central Excise and Customs are required to be promoted directly to a post having senior time scale and the Group-B gazetted officers completing 1½ of qualifying service be promoted to  STS posts as it was done in CSS during 1999. CBEC also recommended to VIth CPC for direct promotion of Group B gazetted officers to STS posts, separate service, time scale after every 7 years etc. vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 for these officers but Commission kept mum perhaps not making study of the same. The CBEC has again recommended to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 to promote group B gazetted executive officers directly to STS post after publication of the report of 7th CPC.
9. In view of the above, it is requested that Central Excise Superintendents may also kindly be promoted directly to a senior group ‘A’ post (STS), i.e., Deputy Commissioner like many other counterparts of them and also be given due weightage of the service rendered in group ‘B’.
Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.







Annexure-F
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. 70/AIB/S/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Scheme to improve the career prospects of Central Excise Superintendents to grant minimum 5 functional promotions as our officers are retiring with single promotion in the service career of 35-40 years (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 and Cabinet also approved to bring a scheme to remove the stagnation of group B Central Excise executive officers independent of cadre restructuring).
Sir,
               It is submitted with due regards that our officers are forced to retire with single promotion on a PB2 post (Level-8) in a career of 35-40 years after joining the job as Inspector (Level-7) whereas our counterparts are easily attaining PB4 levels (Level-13 & above) with 5-6 promotions. 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 barring 1% whereas other common entry counterparts including Examiners (under same organization of CBEC in same cadre of Inspector), 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.
               2. 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 even redefined revenue targets. Temporary posts of Asstt. Commissioner created in the cadre restructuring are also unable to undo the injustice, 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 around 4% of our officers to get JTS post without any right for further promotions. 
3. 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 on immediate basis enabling Central Excise Superintendents and Inspectors also entered into PB4 levels (at least a Grade Pay of Rs. 8700/-/Level-13) like the common entry counterparts of CBDT, CSS, Customs etc.
4. Central Excise Superintendents/Inspectors 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 as well as same nature of job. 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). We have nothing against any of our counterparts including Customs and wish them to get even more promotions but the discrimination being done to us should be undone by bringing at par with them maintaining the relative seniority in accordance of the initial recruitment without reverting back any of them. Instead, our officers may kindly be brought at par with them by promoting to respective levels.
5. The parity, functional or even non-functional, with the common entry counterparts may be brought by taking the measures like below-
(a) Time bound promotions/scales: Time scales after every 7 years were also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for these officers. No posts will be required to be created for the grant of time scale after every 7 years.
(b) Notional promotions granting batch to batch parity with the best placed common entry counterparts like CSS etc. There already exist so many legal verdicts in the favour of various employees of many other organizations on notional promotions.  
(c) Creation of supernumerary posts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer. There already exist so many legal verdicts in the favour of various employees of many other organizations on supernumerary posts.
(d) Creation of separate service: It was also recommended to 6th CPC by CBEC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures. The draft RR’s for separate service have already been submitted to the CBEC by the Association. The separate service for group ‘B’ officers has also been recommended on various occasions by the CBEC and also by the IRS Officers Association. This may be created by taking all of the temporary posts as well as regular posts at group ‘A’ entry level by upgrading these to STS (with the provision of promoting Superintendents directly to STS)+half of existing STS posts+additional posts at each level in proportion to CSS.  
(e) Direct promotion to higher post/s: Customs Ministerial officers have been promoted as Appraiser without working even for a single day on feeder post of Examiner in CBEC. Likewise, our officers may also kindly be promoted directly to the higher posts at par with common entry counterparts.
(f) In-situ promotions (requiring no creation of posts) after completion of residency periods as prescribed by the DOPT and explained under the forthcoming sub para (i).
(g) Batch to batch functional upgradation at par with the best placed common entry counterparts.
(h) Batch to batch non-functional upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts) based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS as submitted under Annexure-C.
(i) Re-framing the recruitment rules prescribing the qualifying services in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level. This OM stipulates the promotion of the Inspector grade to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively after completion of 12, 17 & 20 years of service. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. Regarding the want of the required number of vacancies/posts, it is requested that the officers may kindly be granted in-situ promotions after completion of the prescribed service (also requiring no creation of posts) independent of cadre restructuring. A little deviation from the above mentioned DOPT guidelines, already framed with due diligence & application of mind by DOPT, may be understood but the non-implementation of the same at all is never understandable. If the grant of the prescribed grade is not possible within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 years (after completion of 1½ times of qualifying service based on the precedent of CSS of promoting all the Section Officers to the STS post of Under Secretary after completion of 1½ times of qualifying service in 1999).
               6. In view of the above particularly considering the extraordinarily acute stagnation of our officers, it is requested to kindly bring the scheme accordingly to enable our officers also attain PB4 levels (Level-13 & above).
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-G
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. 71/AIB/F/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Flexible Complementary/Dynamic Assured Career Progression Scheme for Superintendents in accordance of the observation of CBEC under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 about the disparities in promotions that it is an alarming anomalous situation.
Sir,
            It is reiterated with due regards that the most of our officers are retiring with single promotion on a PB2 post (Level-8) in a career of 35-40 years after joining the job as Inspector (Level-7) whereas our counterparts including Customs (intra-organisational counterparts), Income Tax (intra-departmental counterparts), CSS (inter-departmental counterparts) etc. are getting 5 to 6 promotions upto the Level-14. It is also reiterated that 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 even after more than 3 years to remove the stagnation of group ‘B’ executive officers in CBEC despite of the recommendations of Cabinet/CRC/Cabinet Secretary.
2. A scheme is, therefore, required to be formulated enabling Central Excise Superintendents and Inspectors also attain Level-13 and above like the common entry counterparts of CBDT, CSS, Customs etc. on account of 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 such scheme has also been given to Doctors.
3. As submitted under the preceding point at Annexure-F, the 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 (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 (Level-10).
4. Thus, the problem of acute stagnation existing in the cadre of Central Excise Superintendent and Inspector can be solved, if a flexible complementary promotional scheme (FCS) or dynamic assured career progression (DACP) scheme is introduced for them after joining as Inspector. As per the recommendations of IVth CPC, the flexible promotional scheme was introduced in the Department of Science and Technology. The Vth CPC vide chapter 54 of its report made a number of recommendations for modification of this scheme. The DOPT vide Notification No. 2/41/97-Plc, dated 9.11.98 made the regulation of in-situ promotions under such Flexible Promotional Scheme. It has been further reviewed by the DOPT in the light of 6th CPC recommendations and modified Flexible Complementing Scheme guidelines were issued vide OM No. AB/4017/37/2008-Esst(R) dated 10.09.10. It is also worth to submit that FCS and MACPS both are also applicable simultaneously in the case of these officers.
5. In view of the above particularly keeping in view the extraordinarily acute stagnation of Central Excise executive officers, it is requested that the Central Excise Superintendents may kindly be granted (if 5 functional promotions are not possible)-
(a) At least 5 in-situ promotions in uniform promotional hierarchy (as mentioned under the forthcoming point of uniform promotional hierarchy under Annexure-L) of functional promotions across all Ministries/departments of Govt. of India under flexible/dynamic promotion/complementing scheme (FCS or (DACP) 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.
            It is also worth to submit that none of the above measures would require any functional post to be created as in-situ requires merely to place in higher pay scale/s with higher designation but working on existing post.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.



































Annexure-H
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. 72/AIB/A/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay.
Sir,
            It is submitted with due regards that the said 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, if pay commission recommends the same pay scale for both categories of Inspectors. It is further submitted that all of the then Central Excise Inspectors have already become Superintendents.
            2. Hon’ble CAT ordered to place the officers of Central Excise under the pay scale of the officers of CBI since 01.01.1986 without any condition of consulting Expenditure Department in the matter, if pay commission recommends similar pay scale for both categories. No appeal was made against the order of the Hon’ble CAT.   
3. The matter was considered by the pay commission and recommended same pay scale for both categories of Inspectors but the implementation of the subject-mentioned circular is still awaited despite of being pursued by the Association on regular basis and repeated assurances given by the administration.
4. In view of the above, it is requested to kindly implement the said circular particularly considering the fact that our officers are retiring on regular basis without getting its benefit.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.













Annexure-I
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. 73/AIB/NCB/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Retrospective implementation of pay scale of Central Excise Superintendents at par with NCB Superintendents who were the part & parcel of one & the same RRs having a common seniority list for being promoted to the common post of Asstt. Commissioner.
Sir,
            It is submitted with due regards that the pay scale of the Superintendents of Narcotics Control Bureau was revised to Rs. 7500-12000/- from Rs. 6500-10500/- w.e.f. 01.01.96 with all consequential benefits vide U.O. No. 169/1/2005-IC dt. 11.04.05 of the Department of Expenditure leading to the issuance of Order F. No. II/2(38)/2004-Estt. dt. 20.04.05 by the Narcotics Control Bureau whereas the pay scale of the Superintendents of Central Excise was revised to Rs. 7500-12000/- from Rs. 6500-10500/- prospectively w.e.f. 21.04.04, i.e., from the date of issuance of the order vide O.M. No. 6/37/98-IC dt. 21.04.04.
            2. It is worth to submit that the Superintendents of Narcotics Control Bureau were granted the retrospective benefit despite of the fact that their pay scale was revised even after the revision of pay scale of Superintendents of Central Excise based on the parity and precedent of Central Excise Superintendents. The Association has been continuously raising the demand for implementing the revised pay scale with retrospective effect instead of 21.04.2004 since very beginning but nothing has been done till date. It is further submitted that the Superintendents in Narcotics Control Bureau were also granted the non-functional time scale on completion of 4 years of service based on the parity and precedent of the Superintendents of Central Excise.  
3. Further, there exists an established parity and relativity between the Superintendents of NCB (Narcotics Control Bureau) and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the Group ‘A’ post of Asstt. Commissioner till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of Central Excise are till now performing their duties as Superintendents of NCB.
4. The mode of recruitment of the Inspectors in CBEC and Intelligence Officers in NCB is also common. The posts of Superintendents in CBEC and NCB are also filled-up through promotion from the Inspectors and Intelligence Officers. The High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth Pay Commission had categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar.
           
5. Thus, the non-grant of retrospective revision of pay scale to the Central Excise Superintendents is not justified as the grave anomaly has arisen on account of the different dates of revision prescribed by the Department of Expenditure for different categories of employees. If the pay scale of the Superintendents of NCB was revised w.e.f. 01.01.96 by the Department of Expenditure, the prospective revision of pay scale from 21.04.04 for the Superintendents of Central Excise is gross injustice to them.
6. In view of the above, it is requested to give the retrospective effect to the enhanced pay scale of the Central Excise Superintendents at par with the Superintendents of NCB.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.







































Annexure-J
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. 74/AIB/E/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: 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.
Sir,
It is submitted with due regards that the pay scale of the Chief Enforcement Officers, analogous counterparts of Central Excise Superintendent, under our own Department of Revenue itself was enhanced to the pay scale of Rs. 8000-13500/- without the 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 the post of Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. Subsequently, the post of Chief Enforcement Officer was re-designated as Assistant Director. The duties and responsibilities of Assistant Director (re-designated) of Enforcement Directorate are at par with the duties and responsibilities of the post of Central Excise Superintendent. The Central Excise Superintendents join in Enforcement Directorate as Assistant Director on deputation basis also. The Chief Enforcement Officers are also being paid 25% extra salary per month also without the recommendations of CPC.
               2. 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 6th CPC but it was communicated finally to CBEC vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7th CPC against the approval of the competent authority.
               3. It is really unfortunate and totally unjustified that the matter duly recommended by the 6th CPC and duly accepted by the competent authority has again been asked to be sent to 7th CPC. It merely shows the willful hostile discrimination against the Central Excise Superintendents.
               4. In view of the above, it is requested to kindly undo the discrimination by implementing the para 7.15.24 of 6th CPC report in accordance of the approval by the competent authority of the Expenditure on 21.11.14 vide UO No. 6/37/98-IC.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.





Annexure-K
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. 75/AIB/MACP/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: 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.
Sir,
            It is submitted with due regards that the main objective of introducing ACP scheme was to grant financial compensation to the govt. servants in lieu of the lack of functional promotions. Before the introduction of ACP scheme in 1999, the most of the Superintendents of Central Excise retired from service without getting IInd promotion of the career to the JTS post of Asstt. Commissioner. Upon introduction of ACP scheme, direct recruit Inspectors of Central Excise were granted two financial upgradations on the completion of 12 years (if not got Ist promotion) and 24 years (if not got IInd promotion) of regular service.  
2. According to the ACP Scheme, the central government employees were to be granted next higher pay scale in their promotional hierarchy. So, the pay equivalent to the promotional post was ensured under ACP scheme. Many Inspectors of Central Excise were benefited a bit at least financially by this scheme as no promotional avenues were available for them. The Sixth CPC recommendations and government decision on ACP scheme gave surprise and shock to all Central government employees. The Sixth Central Pay Commission recommended Modified Assured Career Progression Scheme (MACPS) in Para 6.1.15of its report.
3. As per the recommendations, financial upgradation would be available in the next higher grade pay on completion of 12 years of continuous service in the same grade not providing more than two financial upgradations in the entire career as was provided in the previous ACP Scheme. The Scheme was also made available to all posts belonging to Group ‘A’ whether isolated or not. However, organised Group ‘A’ services were not covered under the Scheme. The Government considered the recommendations of the 6th CPC for introduction of  MACPS and accepted the same with further modifications by granting three financial upgradations at the intervals of 10, 20 and 30 years of continuous regular service.  
4. The government decision for modifying the ACP scheme to grant three financial upgradations under MACPS in the hierarchy of Grade Pay instead of promotional hierarchy was surprise & shock for employees. The MACP Scheme envisages placement merely in the immediate next higher Grade Pay in the hierarchy of the recommended revised Pay Bands and Grade Pay. For example, if a govt servant appointed as LDC in the grade pay of Rs.1900/-, he will be granted Rs. 2000/- Grade Pay as first MACP upgradation after completing 10 years of regular service though this Grade Pay is not in the promotional hierarchy of the officer concerned. Whereas the first financial upgradation to be granted under ACP Scheme was a pay scale equivalent to Grade Pay of Rs. 2400/- in promotional hierarchy on completion of 12 years of regular service. Not only it, one MACP upgradation was off set with the non-functional time scale granted to various categories of Group B gazetted officers after completion of 4 years of service. Very shockingly, single grade pay of Rs. 5400/- was also bifurcated into two categories, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in PB3 without the difference of a single rupee under para 8.1 of MACPS. 
5. As a result, the Modified ACP Scheme has not served the purpose that it was supposed to. The ACP scheme has been de-modified by it instead of being modified as anything is to be modified to be beneficial instead of harmful. So, the so called Modified Assured Career Progression Scheme needs to be modified again. The financial upgradation has to be granted on the basis of promotional (functional) hierarchy of posts instead of hierarchy of Grade Pay. The Staff Side of National Anomaly Committee also reiterated their demand in the meeting of the Joint Committee of MACP Scheme on 15.03.2011 under the Chairpersonship of the Joint Secretary (Estt) of DOPT that the financial up-gradations under the MACP Scheme should be granted in the promotional hierarchy of posts instead of the Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendations of the 5th CPC and, as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.
6. In this regard, the Judgment of the Chandigarh Central Administrative Tribunal has been upheld by the High Court of Punjab and Haryana. The appeal filed by the Government against the judgment of the High Court of Punjab and Haryana has also been dismissed by the Supreme Court. In a separate case filed in Principal Bench of CAT at New Delhi, the CAT gave its judgment in favour of the applicants to grant MACP upgradation in promotional hierarchy. We have demanded the Central Government to issue the necessary instructions for granting financial upgradation under MACP scheme in promotional hierarchy as per the Court Order but nothing has been done till date.
7. We have also demanded to scrap the para 8.1 of the MACP instructions based on the above judgements and also to undo the offsetting of MACP upgradation with non-functional time scale but again nothing done. At the cost of the repetition, it is to submit that the upgradations under MACP Scheme are being given in the hierarchy of Grade Pays instead of promotional hierarchy. There were no such provisions in the original ACP Scheme from which MACP Scheme has been derived by modification of earlier.  A lot of confusion was created after the introduction of the Grade Pay structure establishing two distinct hierarchies- promotional and grade paywise. 
8. Promotional hierarchy is also varying from department to department which is required to be made uniform for all for the sake of justice and undo discrimination & disparities. 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, Rajyasabha 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.
9. So, the promotional hierarchy after entry into group ‘B’ is required to be made uniform for the sake of justice to all. The posts under the grade pays of Rs. 5400/- & 6600/- (Level-10 & 11) and also Rs. 7600/- & 8700/- (Level-12 & 13) being functionally same, the ideal promotional hierarchy for all after entry into Group ‘B’ seems only to be 4600 (L-7)à6600 (L-11)à8700 (L-13)à10000 (L-14). The officers should also be granted the MACP upgradation under this ideal hierarchy of 4600à6600à8700à10000 after joining the job in a grade pay of Rs. 4600/- without offsetting the MACP upgradation with the time scale. This will give justice to all without any discrimination or disparity. 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 under any Band Pay 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. It is also worth to submit that the offsetting of MACP upgradation with the time scale was also not recommended by the 6th CPC but, very unfortunately, the Government offset the MACP upgradation with the time scale against the recommendations of the Commission. In order to rectify the above said discrepancies in MACPS, a number of employees approached the legal courts and succeeded. The Hon’ble Supreme Court has also decided that the MACP upgradation shouldn’t be offset with time scale and also the MACP upgradation should be granted in promotional hierarchy.
10. The 6th CPC introduced the MACPS to modify ACPS. No need to say that anything is always modified to grant more benefit to the stake holders. But MACPS proved to be harmful for the employees as the upgradations granted under MACPS were not in accordance to the ‘Promotional Hierarchy’ and one MACP upgradation was offset with the time scale. On account of following the ‘Grade Pay Hierarchy’, the employees got the benefit of Rs. 200/- only at the time of upgradation to Rs. 4800/- from Rs. 4600/- or Rs. 100/- only at the time of upgradation to Rs. 2000/- from Rs. 1900/-  or Rs. nil at the time of upgradation to Rs. 5400/- in PB3 from Rs. 5400/- in PB2. Finally, one could say that MACPS earned the anomaly of being dragged to the legal courts on the most number of times. 
11. 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. 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.
12. Thus, the MACPS is required to be based on ideal functional and uniform hierarchy of Level-7àLevel-11àLevel-13àLevel-14 after joining the job Level-7 without offsetting the MACP upgradation with the time scale to motivate personnel especially in Central Excise and Customs Department where normal promotional avenues are extraordinarily bleak. There must also be the provisions for stepping-up of the pay of seniors at par with the juniors who are elevated on account of ACPS/MACPS in conformity with the decision of Hon’ble Apex Court in Ashok Kumar case. 
13. In view of the above, it is requested that at least 5 financial upgradations in the ideal promotional hierarchy, as submitted above, may kindly be granted under the scheme without any offsetting with the time scale and also without bifurcating any grade pay.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.











Annexure-L
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. 76/AIB/P/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Uniform promotional hierarchy for all Group ‘B’ officers across all departments/ministries in Govt. of India (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
            It is submitted with due regards that the promotional hierarchy is varying department to department in the Govt. of India.
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-10àLevel-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.).
2. So, promotional hierarchy after entry into group ‘B’ is required to 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.
3. In view of the above, the promotional hierarchy for group B officers may kindly be made uniform across all departments/Ministries (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16) and the 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-11 to Level-13 and further 3 years for Level-13 to Level-14 and so on.
               Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.

Annexure-M
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. 77/AIB/M/17                                                                          Dt. 04.04.17
To,
Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
Sub: Merger of Level 9 and 10 (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
 It is submitted with due regards that the 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.
            2. 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.