ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President:
Address for communication:
Secretary General:
A.
Venkatesh
240, Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Mob.7780255361
mail Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob.9868816290
Vice Presidents: Apurba
Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish
Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J.
Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra
(East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava
(North); N. Nagraj, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar
(Central)
(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. 21/AIB/G/17
Dt. 06.07.17
To,
Sh. Arun Jaitley,
Hon’ble Minister of Finance, Govt. of India,
North Block,
New Delhi.
Sub: Request for redressal of
grievances under employee grievance redressal mechanism.
Sir,
It is submitted with due regards
that the GST Superintendents joining the job as Central Excise Inspector are
far behind in the matters relating to service prospects in comparison to their
counterparts. They are not only facing the worst in pay related matters but
also forced to work under their extreme junior counterparts and getting only
one promotion in the career of 35-40 years barring a few. Accordingly, the
following points are submitted for your kind consideration and due redressal-
A. Immediate holding of DPC for the year 2016-17 and 2017-18 for the post of
Asstt. Commissioner in CBIC as our officers are regularly retiring without
promotion despite of a good number of promotional posts being in hand: The DPCs for the years 2016-17 and 2017-18 should have
been conducted in the month of January-16 and January-17 respectively. It is
also worth to submit that 2118 posts of temporary Asstt. Commissioner have been
created merely for 5 years for the promotions of the promotee officers, out of
which more than 3½ years have already expired and our officers are forced to
retire without promotion despite of a good number of promotional posts being in
hand. No need to submit that shortage of Asstt. Commissioners would certainly
have the adverse effect on the smooth functioning of GST. The DPC, therefore,
may kindly be conducted at an early date.
B. Initial pay scale to Central Excise Superintendent at par
with DSP of CBI alongwith other perks & allowances etc.:
New higher
responsibilities of judicial and technical nature were conferred upon Central Excise Superintendents vide Circular No. 922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and
130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10.
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 higher responsibilities are always directly linked
with higher pay scales. But very unfortunately, the responsibilities of these
officers are on regular increase without any increase in their salary.
They had also been conferred with new higher technical/scientific
responsibilities of ACES since 2010. The claim of Superintendents
becomes even stronger on account of recording statements like a Magistrate under Section 14 of Central Excise
Act & Section 108 of Customs Act having validity even before Supreme Court.
Not only it, Adjudication Orders are also being prepared by them for
Commissioner level officers. No such responsibilities have been conferred
upon any counterpart of them including CBI or IB or accounts & audit or CSS.
They are also conferred with the new additional responsibilities every year in
the Finance Bill (Budget). Despite of the admission of their parity with the
DSP of CBI by Expenditure Department as well as High Power Committee, the pay
scale of Central Excise Superintendent has not been enhanced at par with DSP of
CBI. It is also worth to submit that the pay scale of DSP of CBI was enhanced without any increase in their
responsibilities in 1996 with retrospective effect from 01.01.86 and also
without recommendations of CPC. It is, therefore, requested to place
Central Excise Superintendent in a pay scale at par with the DSP of CBI. It is also worth to mention that the DSP of CBI
etc. are also being paid 25% per month extra salary and also 13 months salary
in the year.
C. Batch to batch Non Functional Financial Upgradation to our
officers at least to grant financial parity with the best placed counterparts
of CSS etc. on the lines of other Group ‘A’ cadres vs. IAS: Central Excise Superintendents are
retiring with single promotion on a PB2 post in a career of 35-40 years whereas
their common entry counterparts of Customs, CBDT, CSS etc. are easily being
promoted to PB4 levels with 5-6 promotions. Central Excise Superintendents are
also forced to work under their extreme juniors of Customs (Examiners)
belonging to one & same cadre of Inspector in the same organization of
CBEC/CBIC. Examiner of 1984 has already become Addl. Commissioner years ago
after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet
to get IInd promotion. 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. All organised group
‘A’ officers recruited with IAS, the
best placed group ‘A’ service, in the same pay scale through common entry were
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. Particularly keeping in view the extraordinarily
acute stagnation of Central Excise Superintendents & Inspectors, 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. (recruited
in the same pay scale through common entry examination) after entry into Group
‘B’ or equivalent grade. A detailed representation Ref. No. 22/AIB/NFU/17 Dt.
06.07.17 on this issue enclosed herewith.
D. Non-functional time scale in PB3
to Central Excise Superintendents like other counterparts instead of PB2 after 4
years of service: Time scale
has been granted in PB3 to other counterparts of Central Excise Superintendents
including CSS, CSSS, Railways, MPA, MEA, DANICS, DANIPS, Railway Board etc.
while it is merely in PB2 for Central Excise Superintendents. It is also worth to submit that the pay scale
of the Assistants & Section Officers etc. of CSS was enhanced to grant them
parity with Inspectors & Superintendents of Central Excise {F.No. 61(128)/E.III(B)/2012 Dt.
08.08.13}. Now, it is discriminating
not to grant the time scale in PB3 to the Central Excise Superintendents at
least at par with the Section Officers of CSS, CSSS etc. w.e.f. 01.01.96. It
is, therefore, requested to undo the discrimination by granting a time scale of
Rs. 5400/- (or 6600/-) in PB3 to the Superintendents w.e.f. date of grant of same to officers of CSS & CSSS.
E. Next promotion of
Central Excise Superintendent to STS like other group ‘B’ gazetted officers of
Central as well as State Governments: The most of the group
‘B’ gazetted officers in Central as well as State governments are being
promoted directly to a
Senior Time Scale (STS) post with GP of Rs. 6600/- in PB-3
including CSS, CPWD,
Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat,
Enforcement Directorate in Revenue Department itself, Forest services, Police
services, Foreign Services, Engineering services, State services etc. But
Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with GP
of Rs. 5400/-. So, it is requested that Central Excise Superintendents may also
kindly be promoted directly to a STS post. They
may further be promoted to the post having a Grade Pay of Rs. 8700/- (like CPWD
where group ‘A’ direct entry is also in a GP of Rs. 5400/- in PB3 like CBEC)
from STS post keeping in view their extraordinarily acute stagnation. It is
also worth to submit that the posts in GP of Rs. 5400/- & 6600/- and Rs.
7600/- & 8700/- are functionally same. The weightage of service rendered in group
‘B’ gazetted may also kindly be given to Central Excise Superintendents by
granting seniority at least of 1 year for every 3 years at the time of entry
into group ‘A’ particularly on account of acute stagnation being faced by them.
F. Scheme to
improve the career prospects of Central Excise Superintendents as our officers
are retiring with single promotion in the service career of 35-40 years: Our officers are retiring
with single promotion on a PB2 post whereas our counterparts are easily
attaining PB4 levels. The Group ‘B’ Gazetted officers of ours join the job as Inspector
(Group ‘B’ Non-Gazetted) and retire as Superintendent after getting only one
promotion during the entire service career of 35-40 years barring 1% whereas
other common entry counterparts including CSS and CBDT under the same Department of Revenue of same
Ministry of Finance are getting 5 to 6 promotions upto the level of Joint Secretary/Commissioner after being recruited
through one and the same process in the same grade. The matter was raised before
the Cabinet Secretary and he was pleased
to recommend to the Cabinet to bring the
measures to remove the stagnation of our officers
independent of cadre restructuring which was duly approved by the Cabinet but no
step has been taken till date even after expiry of more than 3½ years. There is no change in the
scenario regarding our career prospects despite of the repeated requests and
representations made to the administration. Gross injustice is being done to
our officers despite of being instrumental with full dedication &
commitment to collect the biggest portion of Govt. revenues always above the
set targets. Under GST too, the state governments have also upgraded their
officers to one rank above. GST hierarchies of Andhra Pradesh and Rajasthan
states are enclosed herewith clearly depicting the upgradation of the post of
CTO (equivalent or below to the post of Superintendent) to Asstt. Commissioner,
Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner to Joint
Commissioner, Joint Commissioner to Addl. Commissioner and so on. It is,
therefore, requested to kindly bring a department-specific scheme (like FCS in department of Science &
Technology or DACP in Department of Health) to enable our officers also attain
PB4 levels. Temporary posts of Asstt. Commissioner (without any right for
further promotions) created in the cadre restructuring are also unable to do any
good to our officers, that’s why the Cabinet approved to bring measures
independent of cadre restructuring on the issue of stagnation for these poor
officerts. An alternative scheme may also kindly be brought for them to grant-
(a) At least 5 in-situ promotions in uniform promotional hierarchy across
all Ministries/departments of Govt. of India of functional promotions or (b)
In-situ promotions/non-functional upgradation on completion of residency
periods prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt.
24.03.09 after joining in group B non-gazetted cadre. It is worth to submit that no functional posts are required for
in-situ promotions.
G. Implementation of the CBEC circular
issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of
pay: This circular was issued based on the orders of Jabalpur CAT for the
payment of arrears of pay to our officers at par with the CBI Inspectors w.e.f.
01.01.86 but the same is still unimplemented. It is requested to kindly direct the CBEC/CBIC to implement the same
immediately. Unfortunately, no action is being taken despite of repeated
assurances given by the administration. Hon’ble CAT ordered to place the Inspectors
of Central Excise under the pay scale of the Inspectors of CBI since
01.01.1986, if pay commission recommends similar pay scale for both of the
categories.
H. 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: 6th
CPC under para 7.14.25 recommended to maintain parity between Chief Enforcement Officer and
Central Excise Superintendent etc.
which has not been implemented till date. The competent authority has,
however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise
Superintendents on 21.11.14 considering
para 7.15.24 of the report of VIth CPC but the lower authorities in
Expenditure wrote finally vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case
to 7th CPC against the approval by the competent authority. It is
really disappointing that the matter duly recommended by the 6th CPC
has again been asked by these authorities to be sent to 7th CPC. It is, therefore, requested
to kindly undo the discrimination by
implementing the para 7.15.24 of 6th CPC report in accordance of
approval of 21.11.14 by Expenditure. The pay
scale of Chief Enforcement Officer, analogous counterpart of Central Excise
Superintendent, under the department of Revenue itself was also enhanced
without recommendations of CPC and they are being paid 25% extra salary per
month also without the recommendations of CPC.
I. Merger of Level 9 and 10: Pay Commissions always worked to
merge the pay scales. But in contrary, the bifurcation of Grade Pay of Rs.
5400/- in PB2 and PB3 by 6th CPC was illogical, unjustified and a
gross mistake. This led to discrimination, resentment and consequential
litigations. It was expected that 7th CPC would remove this
disparity by merger of this bifurcation of single grade pay but, very unfortunately,
the CPC has retained the same as Level 9 and Level 10. The same is, therefore,
requested to be merged at Level 10.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
President:
Address for communication:
Secretary General:
A.
Venkatesh
240, Razapur, Ghaziabad-201001 (U.P.)
Ravi Malik
Mob.7780255361
mail Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob.9868816290
Vice Presidents: Apurba
Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish
Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J.
Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra
(East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava
(North); N. Nagraj, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar
(Central)
(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. 22/AIB/NFU/17 Dt.
06.07.17
To,
Sh. Arun Jaitley,
Hon’ble Minister of Finance, Govt. of India,
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.
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 levels (Level-13 & above) 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). However, the majority of
Central Excise Inspectors in CBEC (counterparts of Assistants in CSS) recruited
as Group-B (Non Gazetted) through the same All India competitive examination
gets only one promotion in 35/40 years of service career. We have nothing against our counterparts of
CSS and wish even more promotions to them but seek at least financial parity
with them.
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.
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 GST but also looking after the work
of collection of Customs duty (including Inland Air Travel Tax and Foreign
Travel Tax). Needless to submit that they are already earning the highest
portion of the govt. revenues always far ahead of the revenue targets 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. always above the enhanced targets. During this course, they
have been facing every threat including person and property 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, career prospects and working conditions. The
grant of the non-functional financial upgradation on batch to batch basis at
par 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
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 perhaps due to the want of the due examination.
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.
