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. 103/AIB/STS/17 Dt. 15.09.17
To,
Sh. S. Ramesh,
Member (Admn),
CBIC,
North Block, New
Delhi.
Sub: Next promotion of Central Excise/CGST
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,
Kindly refer to the earlier
representations made to the administration on the above matter including Ref.
No. 55/AIB/STS/17 Dt. 02.08.17 of the Association and also the due submissions
made during the meeting of 18.08.17.
2. It is further 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 NCB, Directorate of Enforcement in our own department of Revenue, CSS,
MPA, MEA, DANICS, DANIPS, CPWD, Railway Board, CSSS, AFHQ, Rajya Sabha
Secretariat, 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).
3. As far as the Superintendents of NCB are
concerned, there also exists an established parity and relativity between the
Superintendents of NCB 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/CGST 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 same post of Group ‘A’ (i.e., 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/CGST 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/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 and recommended for parity of
Inspector of the Central Bureau of Narcotics with the Inspector of Central
Excise.
5. Further; the Central Excise Inspectors,
Inspectors of NCB and Assistants of the Central Secretariat Services (CSS) etc.,
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 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 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 the Senior Time Scale post
with a grade pay of Rs. 6600/- (Level-11) and reach upto the level of Joint
Secretary in the grade pay of Rs. 10000/- (Level-14) whereas the Central Excise
Superintendents are promoted (if at all), to the Junior Time Scale post merely
with a grade pay of Rs. 5400/- (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. It is further submitted that the
Superintendents in Narcotics Control Bureau were also granted the enhanced pay
scale as well as non-functional time scale on completion of 4 years of service
based on the precedent of the grant of the same to the Superintendents of
Central Excise.
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. 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’.
9. 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.
10. 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).
11. 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.
12.
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.
13. 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 including NCB, CSS
etc. and also be given due
weightage of the service rendered in group ‘B’.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Chairperson, CBEC, North Block, New Delhi.
2)
The Revenue Secretary, North Block, New Delhi.
3) The
DOPT Secretary, North Block, New Delhi.
(RAVI MALIK)
