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
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); M. Nagraju, 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. 86/AIB/G/17
Dt. 31.08.17
To,
Sh.
S. Ramesh,
Member
(Admn), CBEC,
North
Block, New Delhi.
Sub: Implementation of
CAT, Chandigarh Bench order dated 03/08/2012 in OA No. 338/PB/2012 filed by
Shri Balwinder Singh Matharoo and others.
Sir,
Kindly refer to letter F. No.
C-18012/19/2012-Ad.IIB Dt. 03.08.17 of CBEC on the above subject.
2. It is submitted with
due regards that the issue of Inter-Commissionerate Transfer has been discussed in the para 2 of the
said letter (operational part
order dated 03.08.17). But in para 3, it is stated that
CAT order was challenged in the Hon’ble High Court of Punjab & Haryana at
Chandigarh by way of filing CWP 25662/2012. The Hon’ble High Court vide
order dated 21.01.2013 dismissed the WP. The order dt. 21.01.2013 was
challenged in the Hon’ble Supreme Court by way of SLP No. 5408-5409/2014.
The Hon’ble Supreme Court vide its order dated 23.02.2017 dismissed the
SLP. Therefore, the Board decided to implement CAT, Chandigarh
order dt. 03.08.17 in respect of all concerned (Petitioners and
non-petitioners) under CBEC.
3. The order dt.
21.01.2013 of Hon’ble HC, P&H in CWP No. 25662/2012 says, “The issue raised in
this petition filed by the Union of India against the decision of the Central
Administrative Tribunal stands covered by the judgment of this Court in Civil
Writ Petition Nos. 25306, 25461 and 25467 of 2012 titled as 'Union of India and
another Vs. Central Administrative Tribunal, Chandigarh Bench, Chandigarh and
others' decided on 19.12.2012. Following that judgment, the writ petition is
dismissed.”
4. If we see judgment
dt. 19.12.2012
in CWP 25306, 25461 and 25467 of 2012, it is seen that the issue discussed is
different as below:
“This order shall
dispose off three writ petitions
bearing C.W.P. Nos. 25306, 25461 and 25467 of 2012, which have been filed by
the Union of India and another against the orders dated 19.04.2012 and
10.07.2012 (Annexure P3) passed by the Central Administrative Tribunal,
Chandigarh Bench, Chandigarh (hereinafter referred to as `the Tribunal')
granting the
benefit of stepping up of pay to the private respondents at par with their
juniors in terms of the judgment dated 19.01.2010 (Annexure A1) passed by the
Tribunal in O.A. No.156/JK/2009 titled as Ashok Kumar Vs. Union of India
and Others, which was upheld by this Court in CWP No.12894 of 2010
decided on 23.7.2010 and the Hon'ble Apex Court vide order dated 02.05.2011 (Annexure
A3) where the Special Leave to Appeal (Civil) No.7278 of 2011 filed by the
Union of India and Others against the aforesaid judgment was dismissed.
In these cases the
benefit of stepping up of pay has been granted to the private respondents on the
ground that their juniors were getting higher pay scale by virtue of fixation
of pay on grant of ACP in higher pay scale. The similar issue came up for
consideration in the aforesaid case of Ashok Kumar (supra) where similarly
situated employee was granted the benefit of stepping up of his pay at par with
his junior in terms of the directions contained in the case of Harcharan Singh
Sudan Vs. Union of India and Others, (O.A. No.97/CH/2007 decided on 23.05.2008). The
petitioners challenged the said order by filing CWP No.12894 of 2010 which was
dismissed by this Court on 23.07.2010. The said order was upheld by the Hon'ble
Supreme Court in the SLP filed by the petitioners vide order dated
02.05.2011.
Before the Tribunal,
learned counsel for the petitioners was asked to explain any distinguishing
feature between these cases and the case of Ashok Kumar (supra), but he could
not make any difference between these cases. While taking into consideration
the said admitted position, the Tribunal has allowed the Original Applications
filed by the private respondents and directed the petitioners to extend the
benefit of stepping up their pay at par with their juniors in terms of the
judgment dated 19.01.2010 rendered in the case of Ashok Kumar (supra). While
passing the order, it was specifically made clear that the respondents shall be
granted stepping up of pay only and not the pay scale.
During the course of
arguments, learned counsel for the petitioners could not point out any
illegality in the aforesaid order passed by the Tribunal and make any
distinction between these cases and the case of Ashok Kumar (supra) whereby the
same benefit was granted to the similar situated employee.
No merits.
Dismissed.”
5. Accordingly, it is necessary to clarify as to which issue is
finally settled and to be implemented.
6. In view of the
above, it is requested to kindly-
i) Issue a
clarification on the issue. No need to say that the issue of stepping-up of pay
has already been decided by the Hon’ble Apex court as also mentioned in the
above referred letter of CBEC which is needed to be implemented immediately for
all concerned whether petitioners or non-petitioners.
ii) In Matharoo case,
the benefit may also kindly be given to all seniors (I/C transferee or non I/C
transferee officer/s) figuring in the existing seniority list of the Inspectors
throughout the country, if benefit is given to any junior figuring in the
existing seniority list of Inspectors.
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
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); M. Nagraju, 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. 88/AIB/P/17
Dt.
04.09.17
To,
Dr P. K. Mishra,
Addl.
Principal Secretary to PM and Chairman, Committee on HR issues in CBEC,
PMO, South Block,
New Delhi.
Sub: Case of Central Excise/CGST Superintendents.
Sir,
Kindly refer to the Ref. No. 33/P/17
Dt. 07.03.17 on the subject of “promotional
avenues of Central Excise Superintendents” and subsequent reminder with
request seeking appointment for meeting to make submissions in person.
2. It is again submitted with due
regards that the most of our officers are forced to retire with single
promotion in the career of 35-40 years after joining as Inspector in comparison
to 5-6 promotions being enjoyed by other counterparts.
3. The promotional hierarchy is varying department to
department in the Govt. of India and Central Excise Superintendents are the
worst hit category by it. It is worth to submit that the posts under Level-10 &
Level-11 and also Level-12 & Level-13 are functionally the same but
somewhere both levels exist in promotional hierarchy and somewhere one.
4. If functional promotions are not possible to be
given, the steps may kindly be taken to grant in-situ promotions on completion
of standard residency period/s prescribed by the DOPT. Precedent of such
promotions already exists in CSS and also in other departments in the form of
schemes like FCS (Flexible Complementary Promotion Scheme) and DACP (Dynamic
Assured Career Progression). Side by side, NFU (Non-functional Financial
Upgradation) may also kindly be granted to our officers on batch to batch basis
to compensate them against the financial loss in comparison with better placed
counterparts.
5.
The issues like pay scale of the Central Exscise Superintendents at par with
the DSP of CBI, promotion of Central Excise Superintendent to STS, merger of
grade pay of Rs. 5400 in PB2 & PB3 (Level-9 & 10) etc. also require due
redressal.
6.
It is also worth to submit that the Cabinet approved to bring a scheme to
remove the stagnation of executive group B officers in CBEC independent of
cadre restructuring. But very unfortunately the said scheme is still awaited
even after 4 years of its approval by the Cabinet.
7.
In view of the above, it is requested to take the due measures as requested by the Association vide its Ref. No. 33/P/17 Dt. 07.03.17.
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
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); M. Nagraju, 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. 90/AIB/A/17 Dt.
06.09.17
To,
Sh.
S. Ramesh,
Member
(Admn), CBIC,
North
Block, New Delhi.
Sub:
Authorised office bearers of AIACEGEO.
Sir,
Your kind attention is invited to-
i) E-mail sent on 28.05.17 to your
goodself.
ii) E-mail sent on 31.05.17 to your
goodself.
iii) The letter Ref. No. 07/AIB/A/17
Dt. 11.06.17 of the Association.
iv) E-mail sent on 12.06.17 to your
goodself.
v) The letter Ref. No. 09/AIB/A/17
Dt. 14.06.17 of the Association.
vi) The letter Ref. No. 10/AIB/A/17
Dt. 14.06.17 of the Association.
vii) E-mail sent on 14.06.17 to your
goodself.
viii) The letter Ref. No. 13/AIB/A/17
Dt. 22.06.17 of the Association addressed to your goodself.
ix) The letter F.No.
12017/07/2017-Ad.IV-A Dt. 13.07.17.
x) The letter Ref. No. 47/AIB/A/17
Dt. 24.07.17 of the Association addressed to Sh. B. Ginkhan Mang, the Under
Secretary (Ad.IV-A), CBEC/CBIC and copy endorsed to all concerned authorities
alongwith all enclosures including your goodself.
xi) E-mail sent on 24.07.17 to your
goodself.
xii) The letter F.No.
12017/07/2017-Ad.IV-A Dt. 26.07.17.
xiii) The letter Ref. No. 65/AIB/A/17
Dt. 02.08.17 of the Association addressed to your goodself.
xiv) The letter Ref. No. 70/AIB/A/17
Dt. 04.08.17 of the Association addressed to Sh. Amarjit Singh, the Director
(Ad.IV).
xv) The submissions made yesterday on
18.08.17 to your goodself.
xvi) The letter Ref. No. 77/AIB/A/17
Dt. 19.08.17 of the Association.
2. It is reiterated with due regards
that there can’t be two associations in the same name. If another association
is to be formed, it shall be formed in another name different to the name of
already existing association. For example, the associations representing
Customs Preventive Superintendents in our own CBEC are having different names,
i.e., All India Customs Preventive Service Federation (AICPSF) and All India
Federation of Superintendents of Customs (AIFSC). Likewise, the associations
representing Customs ministerial officers in our own CBEC are also having
different names, i.e., All India Customs Ministerial Officers Association
(AICMOA) and All India Customs Ministerial Employees Federation (AICMEF). Also in no way, the new association can use the DDO certificates issued in
the name of the existing one. Accordingly, the new association has also to take
fresh recognition as per the RSA rules after submitting the new DDO
certificates of the member officers being subscribed in the new name of the
association.
3. It is also reiterated that this
is the only legal Association in the name of AIACEGEO. The new office bearers
of the Association were duly elected at Gandhidham where the delegates from all
corners of the country gathered. No need to say that the units from all five
zones of Association, i.e., South, North, West, East and Central, participated
in Gandhidham convention.
4. In view of the above, it is requested not to give
any cognizance to any other person or group of persons or splinters including
Sh. Manimohan & Co. in the name of AIACEGEO. 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
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); M. Nagraju, 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. 91/AIB/LTC/17
Dt.
06.09.17
To,
The Secretary,
DOPT, North
Block,
New Delhi.
Sub: Conversion of Home Town
LTC to NER/A&N/J&K LTC.
Sir,
Kindly
refer to the DOPT OM issued vide No. 31011/ 3/ 2014-Estt.(A-IV) Dt. 19.09.16
with the subject, “Central Civil Services (Leave Travel Concession) Rules, 1988
— Relaxation to travel by air to visit NER, J&K and A&N”.
2. Para 2
of the above mentioned DOPT OM states as under-
“2. The above special dispensation is
subject to the following terms & conditions:
(i) All eligible Government servants may
avail LTC to visit any place in NER/A&N/J&K against the conversion of
their one Home Town LTC in a four year block.
(ii) Government servants whose Home Town
and Headquarters/place of posting are the same are not allowed the conversion.”
3. In above
regard, it is submitted with due respect that not to allow conversion of one
Home Town LTC to NER/A&N/J&K LTC is great injustice to the officers whose
Home Town and Headquarters/place of posting are the same. This is also not in
the interest of the tourism.
4. It is
further submitted that these officers are already at loss in regard of Home
Town LTC as “to be posted/transferred to Home Town or not” is not in their
hands. They are transferred/posted to Home Town or any station as per the
transfer/posting policy/norms in force.
5. In view
of the above; it is requested that the matter may kindly be reviewed and the
officers posted at Home Towns may also be allowed to convert Home Town LTC into
LTC, otherwise the officers having Home Town in Delhi State, Chandigarh and
Puducherry U.T. etc. would never be able to get this opportunity on their
posting to their Home Town despite of being resident of state/U.T. instead of
mention of any town.
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
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); M. Nagraju, 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. 92/AIB/A/17
Dt.
07.09.17
To,
Sh. Narendra
Kumar,
Under Secretary
(Coord.), Department of Revenue,
North Block, New
Delhi.
Sub: Setting up of Anomaly
Committee to settle the Anomalies arising out of the implementation of the 7th
CPC recommendations.
Sir,
Kindly refer to OM issued vide F.No.
O-21036//1/2017-Coord Dt. 24.08.17 under your signature on the above subject.
2. It is submitted with due regards
that a Departmental Anomaly Committee has been set up for Ministry of Finance
vide above OM. Almost all associations from CBEC including the cadre with the
equivalent pay scale of the Central Excise Superintendent have been included as
representative in the said committee to settle anomalies arising out of the
implementation of the recommendations of 7th CPC.
3. This Association namely All India
Association of Central Excise Gazetted Executive Officers (AIACEGEO) represents
the Central Excise Superintendents and other gazetted officers promoted from
the grade of the Inspector of Central Excise but has not been included as the
representative of the said committee. It is worth to mention that the CSS
officers including promotee Section Officers are also made the member of the
concerned Departmental Anomaly Committee.
4. In view of the above, it is
requested to kindly include the name of this Association also as the
representative in the above said committee.
Thanking you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
Copy with the
request for necessary action to:
1) The
Secretary, Department of Revenue, North Block, New Delhi.
2) The
Chairperson, CBEC, North Block, New Delhi.
3) The Member
(Admn), CBEC, North Block, New Delhi.
(RAVI MALIK)
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
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); M. Nagraju, 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. 94/AIB/G/17
Dt. 09.09.17
To,
General
Sh. V. K. Singh,
Hon’ble
Minister of State, Ministry of External Affairs,
Govt.
of India, New Delhi.
Sub: (i) NFU to Central
Excise/GST Superintendents at par with counterparts of CSS,
(ii) Implementation of
para 7.15.24 of 6th CPC recommendations &
(iii) retrospective
implementation of pay scale to Central Excise/GST Superintendents at par with
NCB Superintendents.
Sir,
Kindly refer to the Ref. No.
27/AIB/NFU/17 Dt. 10.07.17, 30/AIB/NCB/17 Dt. 10.07.17 & 31/AIB/E/17 Dt.
10.07.17 of the Association addressed to Sh. Arjun Ram Meghwal, the Hon’ble
Minister Expenditure (copy enclosed alongwith enclosures).
2. It
is submitted with due
regards that the Central
Excise/GST Superintendents are retiring with single promotion on a PB2 post in
a career of 35-40 years whereas their common entry counterparts including
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/GST Superintendents are getting salary
even less than the pension of their counterparts on account of being forced to
retire with mere addition of Rs. 800/- in their Grade Pay in their entire career
after being recruited in Inspector grade with a Grade Pay of Rs. 4600/- despite
of collecting the greatest part of revenue always above targets for the Govt.
of India.
3. In view of the above, it is
requested to kindly do the needful to provide justice to the above said poor
officers who are already under the process of the successful implementation of
the GST with full commitment and dedication. No need to say that their
counterparts in the state governments have not only been upgraded but have also
been granted higher pay scales by one rank under GST.
Thanking you,
Yours faithfully,
Encls: As above.
(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
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); M. Nagraju, 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. 95/AIB/G/17
Dt. 09.09.17
To,
Shri
C.R. Chaudhary,
Hon’ble
Minister of State, Ministry of Consumer Affairs, Food & Public Distribution
and Ministry of Commerce & Industry,
Govt.
of India, New Delhi.
Sub: (i) NFU to Central
Excise/GST Superintendents at par with counterparts of CSS,
(ii) Implementation of
para 7.15.24 of 6th CPC recommendations &
(iii) retrospective
implementation of pay scale to Central Excise/GST Superintendents at par with
NCB Superintendents.
Sir,
Kindly refer to the Ref. No.
27/AIB/NFU/17 Dt. 10.07.17, 30/AIB/NCB/17 Dt. 10.07.17 & 31/AIB/E/17 Dt.
10.07.17 of the Association addressed to Sh. Arjun Ram Meghwal, the Hon’ble
Minister Expenditure (copy enclosed alongwith enclosures).
2. It
is submitted with due
regards that the Central
Excise/GST Superintendents are retiring with single promotion on a PB2 post in
a career of 35-40 years whereas their common entry counterparts including
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/GST Superintendents are getting salary
even less than the pension of their counterparts on account of being forced to
retire with mere addition of Rs. 800/- in their Grade Pay in their entire
career after being recruited in Inspector grade with a Grade Pay of Rs. 4600/-
despite of collecting the greatest part of revenue always above targets for the
Govt. of India.
3. In view of the above, it is
requested to kindly do the needful to provide justice to the above said poor
officers who are already under the process of the successful implementation of
the GST with full commitment and dedication. No need to say that their
counterparts in the state governments have not only been upgraded but have also
been granted higher pay scales by one rank under GST.
Thanking you,
Yours faithfully,
Encls: As above.
(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
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); M. Nagraju, 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. 98/AIB/NCB/17
Dt. 13.09.17
To,
Sh. Arun Jaitley,
Hon’ble Minister of
Finance,
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 (Inspector grade) 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 retrospectively 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. It is also worth to submit with due regards that the matter has already
been recommended to the Department of Expenditure by the CBEC through due
clearance from IFU vide F. No. A-26017/65/2003-Ad-II(A) of CBEC.
7. 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.
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
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); M. Nagraju, 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. 99/AIB/E/17
Dt. 13.09.17
To,
Sh. Arun Jaitley,
Hon’ble Minister of
Finance,
North Block, New Delhi.
Sub: Implementation of para
7.15.24 of 6th CPC report in the 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 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 also join Enforcement Directorate as Assistant Director
on deputation basis. 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 by the concerned Under secretary 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 was
again asked to be sent to 7th CPC. Nobody knows whether it would
have again been asked to send to next CPC/s, if was recommended even by 7th
CPC. However, neither the recommendations of 6th CPC to place
Central Excise Superintendent at par with the Chief Enforcement Officer were
implemented nor the matter was referred to the 7th CPC.
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 given on 21.11.14 vide UO No. 6/37/98-IC.
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
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); M. Nagraju, 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. 100/AIB/A/17 Dt. 14.09.17
To,
The Principal
Chief Commissioner,
CGST, Kolkata
Zone, GST Bhawan,
180, Shantipally,
Rajdanga,
Kolkata-700107.
Sub: Representation of staff
matters to the authorities by AIACEGEO, Kolkata Unit.
Sir,
Kindly refer to earlier letter Ref.
No. 12/AIB/A/17 Dt. 19.06.17 of the Association.
2. It is to submit with due regards that it was
intimated vide above referred letter of the Association that Shri Asok Kumar
Gain, President of Kolkata Unit of AIACEGEO, would represent and communicate with
the administration on behalf of our Kolkata Unit as some of the office
bearers/members including Secretary and Treasurer from our Kolkata Unit have
resigned, defected and joined a splinter group.
3. Now, it has come to the notice of
the Association that Ex-Secretary of Kolkata Unit Sri Kousik Roy, who at
present is neither a member nor any office bearer of Kolkata Unit of AIACEGEO,
unauthorizedly issued an election/convention notice under his signature in the
same name and style of Kolkata Unit of AIACEGEO, which is not only illegal but
also unethical as an outsider can’t call the elections/convention of any
recognized association.
4. It is, therefore, requested not
to give any cognizance to such unauthorized entity and treat the matter as
unlawful as the same is already under consideration in the Board itself.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy for looking after the matter to:
1) Sri Apurba Roy, Vice-president, AIACEGEO (East Zone).
2) Sri Soumendra Bhattacharjya, Organising Secretary, AIACEGEO.
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); M. Nagraju, 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. 101/AIB/NFU/17 Dt. 14.09.17
To,
Dr. Jitendra Singh,
Hon’ble Minister
of DOPT,
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). We have
nothing against these counterparts and wish them to get even more promotions
but also request same benefit for us. We may kindly be granted at least
financial parity with them as 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 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 CGST & IGST. 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, dreaded 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 CGST & IGST. 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 DOPT by the CBEC.
But very unfortunately, the DOPT simply said that the NFU is applicable only to
group ‘A’ organized service and returned the file without going into the merits
of the case. The copy of the relevant note-sheet is enclosed herewith for ready
reference.
12. In view of the above, it is
requested that the Central Excise/CGST 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. after entry
into Group ‘B’ or equivalent grade on batch to batch basis
enabling them to retire in PB4 (Level13 & above) like their counterparts by
reviewing the earlier noting of the DOPT.
Thanking you,
Yours faithfully,
Encl: As above.
(RAVI MALIK),
Secretary General.
