“LONG
LIVE OUR ASSOCIATION”
ALL INDIA ASSOCIATION OF
CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
REPORT
OF THE EXISTING ALL
INDIA BODY
FOR THE 12TH
CONVENTION & GENERAL BODY MEETING BEING HELD AT
GANDHIDHAM ON 27.05.17
TO 28.05.17
“DAMAN TO GANDHIDHAM”
PRESIDENT: SECRETARY
GENERAL:
R. CHANDRAMOULI RAVI MALIK
Mob. 08939955463 Mob.
09868816290
“OUR UNITY
ZINDABAD”
“LONG
LIVE OUR ASSOCIATION”
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,
AshishVajpeyi (North); M. Nagaraju, Ajithkumar P. C. (South); P. K. Sen, S.
Bhattachariya (East); Jasram Meena, M. K. Mishra (West)
Office
Secretary: C. S. Sharma
Treasurer:
N. R. Manda
Liaison Secretary: A. S. Kundu
Coordinator on Telangana: P. Shravan Kumar
REPORT OF THE ALL INDIA BODY TO THE 12TH CONVENTION & GENERAL BODY
MEETING BEING HELD AT
GANDHIDHAM ON 27.05.17 TO 28.05.17
Dear friends,
I
feel honoured and take great pleasure in extending warm welcome to all of you
who have come to this important gathering on the occasion of our 12th
Convention and General Body Meeting to give us support and encouragement in our
efforts in improving the prospects of all the Central Excise Gazetted Executive
Officers posted throughout India. The report of the activities of our
Association is being placed before you by me in my capacity as Secretary General.
I am confident that you will go through the report critically and approve the
same with your valuable observations so as to enable the future leadership of
our Association to chalk out suitable action-plans and carry out activities
accordingly for realizing the aspirations of our officers posted throughout
India.
2. I also congratulate and thank our Kutch
Unit on behalf of the All India Association of Central Excise Gazetted
Executive Officers for this excellently pleasing & beautiful arrangement.
Very hopefully, this meeting would further strengthen our solidarity and unity
giving all of us one more opportunity to interact with each other and give
constructive suggestions in the common interest of the cadre. No need to say
that our united efforts are the only key to our success as nothing is easy in
the system for us without unity. I thank and congratulate whole Gujarat to have
again this consecutive meeting after the last convention of Daman. Salute to
the place of Baapu, the Father of Nation, our Mahatma Gandhiji.
3.
Despite of the fact that everything and every action of the All India Body have
already been communicated through the electronic mails, whatsap & blogspot (Cengo
India) of the Association, I have the privilege to submit
this brief report as convention on behalf of the All India Association of
Central Excise Gazetted Executive Officers under the forthcoming paragraphs. This Report is nothing but a report on behalf of the
Committee and all members of the Association regarding collective & united
efforts made by them in the common interest of the cadre. It has, therefore,
been termed as the report of the existing body instead of the Secretary
General's report.
4. An
Association can never function properly, if there is not a proper rapport and
tuning among all the office bearers & members including President and
Secretary General. All of them gave their full support to the Association and
cooperated in each and every matter. Whatever happened during the tenure of
the existing body, it was never possible without the unity, cooperation,
contribution, coordination & commitment of all of them. I am personally
thankful to all of them for their roles in the common interest of the cadre.
5. It's
now time for a new Central Committee to take charge of the
AIACEGEO. Our ensuing Convention will elect a new Committee. We
trust our Units will exercise their franchise astutely with foresight
showing good judgment to elect new Committee. It has been a great
privilege to champion the causes of cadre since November, 2014 when we were
elected at the Daman Convention. I trust that the new body would not forget to
pursue the existing issues in addition to new ones in the interest of the cadre
of the Central Excise Gazetted Executive Officers.
6. An OA
No. 2323/2012 was filed in the Principal Bench of CAT by the Association challenging
the discriminating Group ‘A’ RRs and maintaining parity in promotions among
three base categories (Inspector, PO & Examiner) of Inspectors,
verdict against which has already been delivered by the Hon’ble CAT. The
prayer in the OA was made for amendment/revision of the Recruitment Rules to
bring all the Inspectors (i.e., Inspectors of Central Excise, Preventive
Officers and Examiners of Customs) recruited in a particular year
through All India Combined Examination in parity to maintain the principle of
equal opportunity & equality before law and to save the senior Central
Excise officers from humiliation of working under their juniors of Customs
belonging to the same cadre of Inspector in CBEC. Accordingly the Govt.
undertook before the Hon’ble CAT that the amendment of the Recruitment Rules to
the said effect is already under process. We have won the case and the
Hon’ble CAT has directed to expedite the process of amendment of the Recruitment
Rules by taking effective steps for Notification of the Recruitment Rules,
within a reasonable period, preferably within four months from the date of
receipt of a copy of the order. No need to say that not only the regional
intra-Central Excise disparities will be removed but we will also get parity
with our intra-organisational counterparts, if this order is implemented by the
CBEC in right perspective.
7. We have also
won a case in Allahabad High Court regarding Allahabad CAT case in which CAT
had directed to give extra 58 posts of AC to Appraisers from Central Excise
quota in regularization matter. CAT also observed that 125 posts of AC were
also given less to Customs Superintendents in comparison of Central Excise
Superintendents. Had these posts were given to them from Central Excise quota,
we were at loss of posts in thousands during regularization on account of
cascading effect of sharing huge number of posts with Customs from our quota as
our officers enter into group A at fag end of the career.
8. Allahabad CAT gave a verdict against
us in a seniority case between Direct IRS and Promotee IRS (Customs Appraisers
side) officers saying that 58 & 125 posts of AC have been given less
respectively to the Appraisers & Customs Superintendents. This seniority
list was claimed to be revisited 1980 onwards by Promotee IRS (Customs
Appraisers side) officers. The case was challenged in Allahabad High Court by
us by preparing the due case to be sent to the concerned advocate. Special
thanks to Sh. Ashish Vajpeyi (General Secretary of Kanpur Unit & Joint
Secretary of All India Body) as he incurred all expenses of this case on
individual capacity for which a senior advocate demanded Rs. 6 lac initially
from us and rest per hearing.
9. The existing
body of the All India Association of Central Excise Gazetted Executive Officers
took up various issues in the interest of the cadre during its tenure. Every
step was taken for the success and bright future of the cadre whether relating
to career prospects or pay matters or any other issues. As & when required,
the cases of the individual units including the individual office bearers as
well as members were also taken up on being asked by the concerned unit.
10. The cadre
related issues were taken up by the All India Body at the various levels
including HRD, the Members and Chairman of the Board, Revenue Secretary, DOPT
Secretary, Expenditure Secretary, Cabinet Secretary, MOS of DOPT, MOS of Expenditure,
MOS of Revenue, PMO & PMO Minister, Minister of Finance etc. having
meetings with them and submitting the representations in person. It also
includes the relevant correspondence made with the Hon’ble Prime Minister. PMO
has already sought a report from CBEC on our issues including stagnation.
11. Various
meetings were held with the pay commission including Mumbai, Jodhpur and Delhi.
Special thanks to Sh. Harpal Singh (President of Meerut unit) who went with me
to Jodhpur by driving the vehicle whole night from Delhi in a very stormy night
on the ‘all of a sudden’ call from the Chairman of Pay Commission for an
unscheduled meeting. All issues relating to our cadre were submitted to the
commission during these meetings and we were assured as below-
i) Pay scale for us at par with the
analogous post in CBI (DSP of CBI) etc.
ii) Grant of NFU at par with the best
placed group B counterparts like CSS etc. or NFU after completion of the
prescribed residency period at least to give financial compensation against the
lack of promotions.
iii) Remove disparity between the officers of headquarters and
field formations.
iv) Remove the anomalies of MACPS.
v) Remove the disparity of time scale.
vi) Promotion to STS.
vii) Uniform promotional hierarchy for group B officers across
all departments/ministries of Govt. of India.
viii) Common allowances to all.
ix) Merger of GP of 5400/- in PB2
and PB3.
x) One Rank One Pension etc.
But very unfortunately, the
commission did nothing for us. It may be due to the reason that the report
submitted by the commission was a dictated report as admitted by the Chairman
of the commission after submission of the report.
12. After
the publication of the report of pay commission, a meeting was called by the CBEC
inviting all associations to discuss on pay related issues. We got recommended
the following issues to the Revenue Hqrs for consideration by empowered
committee on pay matters-
i) Pay scale for us at par with the
analogous post in CBI (DSP of CBI) etc.
ii) Grant of NFU at par with the best
placed group B counterparts like CSS etc. at least to give financial
compensation against the lack of promotions.
iii) Promotion to STS.
iv) Uniform promotional hierarchy for all group B officers
across all departments/ministries of govt. of India.
v) Merger of GP of 5400/- in PB2
and PB3.
vi) Minimum 5
functional promotions.
vii) Scheme to remove our
stagnation etc.
No need to say
that such type of recommendations by CBEC have happened first time in the
history of our cadre and the
above recommendations of CBEC would help at least in our legal cases.
13. We met
with the nodal officer of department of Revenue, Implementation Cell and
concerned Secretaries in Empowered Committee but the indication given
everywhere was to implement the pay commission report ‘as it is’ saying that
the represented cases would be considered later. Accordingly, our
representation after meeting with DOPT Secretary was forwarded to the Revenue
Department and to CBEC from Revenue Department which is now under consideration
of the CBEC.
14. DPC
for the year 2015-16 was delayed due to court cases despite of hectic
persuasions by the Association. Association made the best efforts to get it
done but first it was delayed on account of legal cases on reservation in
various courts and again due to stay on DPC in Bhartan case in Chennai CAT for
implementation of Parmar case relating to the seniority. Our officers were
retiring every month without promotion. So, Association had to get the stay
vacated in the High Court of Madras without challenging the merits of the case
of the applicants. There was also a delay in providing the requisite
information including APARs, vigilance clearance etc. from the field formations.
Finally, DPC was held in the month of February, 2017 and 732 of our officers
were promoted to the post of Asstt. Commissioner on 23.02.17. Again congrats to
all of the promoted officers.
15. Promotions
to the post of Superintendent were affected on ad hoc basis even against the regular
posts at some of the places. The matter was taken up with the administration including
DOPT. Accordingly, the DOPT clarified that ad hoc promotions are made only
against short term vacancies, i.e., vacancies existing only for one year or
less period. In accordance of it, the CBEC issued the clarification, so that
benefit of time scale may be given to such officers after completion of 4 years
of service.
16. After
the implementation of pay commission report, there was problem at some places
to grant time scale to our officers after completion of 4 years of service.
Matter was taken up with the CBEC and finally, order was issued granting
benefit of time scale to our officers after completion of 4 years of service.
17.
There
is hardly a door which we haven't knocked in pursuit of solution to the chronic
and extremely vexing problem of stagnation. We have not only submitted
representations but also personally approached every concerned authority for
removal of stagnation problem permanently. As we all know that the Cabinet recommended
to bring some specific scheme independent of cadre restructuring to remove
stagnation of our officers but very unfortunately, nothing has been done by the
CBEC in that direction till date. However, the new Chairperson assured to bring
the specific scheme for already stagnated officers as well as future generation
in the very first meeting with her.
18. There was every possibility that manpower would be
reduced in GST era. The matter was taken up at every level with administration
including ADG & DG of HRD, Member (P&V), Member (Service Tax),
Chairman, Revenue Secretary, MOS, FM and PM. A combined forum was also formed
with other associations on this issue. No need to say that our career prospects
would have been affected very adversely, if any manpower cut was made under
GST. Finally, we all were successful that no cut was made in manpower under
GST.
19. AIACEGEO got approved by
the competent authority of Expenditure to implement para 7.15.24 of 6th
CPC granting us an initial GP of Rs. 5400/- in PB2 to give parity with
Chief Enforcement Officer but unfortunately, the
lower rank officer of the level of Under Secretary said to send the same
to 7th CPC. The issue was not sent to the 7th CPC by the
CBEC because of being already settled by the 6th CPC. CBEC,
therefore, forwarded our representation to the 7th CPC in which we
sought the initial scale for our Superintendent at par with DSP of CBI, i.e.,
5400/- in PB-3. It is surprising that the said US asked to send the issue to 7th
CPC which was already recommended by the 6th CPC. The case is still
being pursued with the Expenditure Minister alongwith other issues.
20. The issue of arrears at par with the Superintendent of NCB
is also being pursued and already got recommended to IFU. The pay scale of the Superintendents
of NCB was enhanced to Rs. 7500-12000/- at par with us based on our precedence
on 20.04.05 retrospectively w.e.f. 01.01.96 with arrears, whereas we were
granted this scale prior to them on 21.04.04 only with prospective effect. It
is clarified that the Superintendents of NCB were part and parcel of our RRs
and seniority list being promoted to the same post of Asstt. Commissioner since
very beginning under CBEC and were sent under control of Home Ministry in 2003
only. This case is also being pursued legally in Principal Bench of CAT.
21. One case is also being pursued legally for general
implementation of Chandrasekaran case in Principal Bench of CAT. The reply of
the Govt. in this case is still awaited.
22. A case is already on final stage in Principal Bench of CAT
seeking a G.P. of Rs. 6600/- and G.P. of 7600/- after completion of 20 and 30
years of service respectively with full justification under MACPS.
23. A case is also on
final stage in Principal Bench of CAT seeking a Time Scale in PB-3 instead of
PB-2 after 4 yrs of service for our Superintendents.
24.
One case is also being pursued legally for general implementation of
Subramanium case in Principal Bench of CAT. We are also in touch with
Inspectors Association regarding Subramanium case in the Hon’ble Supreme Court.
Rejoinder of the Govt. in this case in Hon’ble Supreme Court is still awaited.
25.
A case seeking pay scale at par with DSP of CBI with arrears since 01.01.1986
for our Superintendents is also on final hearing in Cuttak CAT.
26.
Two cases, one in Cuttak CAT (on final hearing) and another in Jabalpur High
Court (rejoinder filed by the petitioner, the Secretary General of Inspectors
Association Sh. K. V. Shriniwas), are being pursued seeking arrears at par with
CBI Inspectors since 01.01.86 for Central Excise Inspectors. These both cases
will benefit our Superintendents as all the Central Excise Inspectors of that
time have already become Superintendents.
27. All India
Seniority List of Central Excise Superintendents upto the year 2011 is already
under finalization after consideration of all representations on persuasion of
the Association. After it, the seniority list for the remaining period will be
prepared.
28. A committee
was formed in PMO regarding our stagnation under the Chairmanship of Sh. P. K.
Mishra, Addl. Principal Secretary to PM. The issues like pay scale, minimum 5
functional promotions, NFU, direct promotion to STS, merger of Level 9 &
10, uniform promotional hierarchy for group B officers across all
departments/ministries etc. are being taken up with the committee.
29. One more
committee was formed within CBEC on persuasion by AIACEGEO under the
Chairmanship of Sh. Balesh Kumar, ADG, HRM, HRD. Issues like continuance of temporay posts of AC, earmarking
of share of promotee officers upto level of Commissioner, no direct recruitment
for a certain period in IRS & minimum direct recruitment of IRS every year
by filling up remaining vacancies by promotion, merger of three executive
streams at group B non gazetted as well as gazetted level and formulation of all
India seniority list accordingly at Inspector level, benefit of past service at
the time of entry into group A, scheme like NFU to benefit past as well as new
generation etc. are being taken up with this committee.
31. Various
Satyagraha programmes were observed and also deferred as per the demand
of the situation & circumstances very tactically in the interest of the
cadre. We all, however, have to understand the importance of such
programmes. These are the actual tools to achieve our aims, if observed
effectively with completeness. The formal or weak approach in such matters
never gives the result. This is the only way to resolve our issues in the least
time and in the most effective manner. Without a strong agitation nothing can
be gained by us. Hence, I appeal all of you to think seriously about conducting
of a strong agitation in the interest of the cadre.
32. All the units are requested to clear the subscription
dues and also donate the maximum
funds to the Association to be used for the various purposes. We should not
forget that the funds play a very important and vital role to get the desired
results. We should not be failed in our efforts at least for the want of funds.
We have to remember that it’s our Association and only we have to support it
with finance, nobody other will come to help us. No need to say that
subscription dues are extraordinarily pending in many cases despite of the
repeated requests to clear the same.
33. The issue to
strengthen the employee grievances redressal mechanism was taken up. The due
circular has again been issued to the field formations by the CBEC to hold the
regular meetings with the staff Associations to redress the grievances and send
reports of the meetings to the CBEC.
34. In the last, I alongwith all of the office bearers of AIB extend all
of my thanks on behalf of the All India Association of Central Excise Gazetted
Executive Officers to all of you attending the meeting
after coming from every corner of the country. It is also worth to mention that
all the actions and activities of the Association became possible only by the
cooperation and support given by you all, all the units, all the office bearers
including the regional/zonal ones and each & every member of the
Association throughout the country. The SG being situated in Delhi itself also
made the things convenient to meet the concerned authorities within no time on
being called or without being called and pursue the various issues in the
interest of the cadre in more amicable manner by meeting with the authorities
even without appointment and also having unscheduled meetings. It is worth to
note that the most of the times entering into the CBEC offices without prior
appointment as unwanted guest to take up the issues relating to our cadre is
not the culture of our CBEC authorities. Despite of it, every issue was taken
up by meeting with the concerned authorities.
35. Before I
conclude, I thank all the delegates with all of my regards & respect for
having given me an opportunity to serve for the betterment of the cadre.
Wishing all the
best to the Association and each one of you,
With all of my loves & regards,
Gandhidham
(RAVI MALIK)
27th May, 2017 Secretary General
“OUR UNITY ZINDABAD”
“LONG LIVE OUR ASSOCIATION”
“Long live our unity, solidarity and organizational integrity”
“JAI HIND”
THANK YOU
