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. 81/AIB/G/17
Dt. 24.08.17
To,
(1) Sh. S.
Ramesh,
Member
(Admn), CBEC,
North Block,
New Delhi.
(2) Sh.
Mahender Singh,
Member (GST),
CBEC,
North Block,
New Delhi.
(3) Ms.
Ameeta Suri,
Member (CX),
CBEC,
North Block,
New delhi
Sub: Issues relating to group ‘B’ for
Rajasva Gyansangam.
Sir/Madam,
It is submitted with due regards that Association came to know
about the Rajasva Gyansangam to be held on 1st and 2nd
September, 2017 at Vigyan Bhavan, Delhi. The Association is thankful to the
administration to have the point of HR issues with special reference to Group B
& C/Infrastructure/Swachtha Action Plan in the agenda of the said
conference.
2. With due regards, no need to say that the most of our
officers are forced to retire with single functional promotion in the career of
35-40 years after joining as Inspector which certainly affects the
administrative efficiency in CBEC due to the acute feeling of
job-dissatisfaction and demoralisation amongst the officers whereas other
counterparts including Customs, CBDT, CSS etc. are already getting 5-6
promotions. Perhaps so acutely job-dissatisfied and demoralized officers will
also not be able to give their hundred percent under GST. No need also to say
that the temporary posts of Asstt. Commissioner only enabled some of the
officers to work on this post for a limited period without any right for
further promotion and also without any real benefit in r/o assured career
progression. Our officers merely reach the level of GP of Rs. 5400/- from GP of
Rs. 4600/- in their career, thus the financial upgradation of only Rs.800/- is
available to them in the whole career. Under such circumstances, talented
officers can’t be retained in the CBEC putting a great challenge ahead for
successful and continued implementation of GST. As a result, talented
Superintendents are leaving the Department to become Consultants of GST/Indirect
Tax. The talented officers can be retained in the service alongwith being saved
from frustration to contribute to better tax administration and Nation building
only by improving the service conditions. It is also necessary to attract the
talented youth to serve the indirect taxation. It is worth to mention that
other counterparts are easily getting a minimum increase of Rs. 4100/- in grade
pay in comparison to Rs. 800/- of our officers. The grant of higher pay is also
the need of the hour to attract young talents and brilliant brains and also to
retain the existing talents.
3. It is further submitted that HR issues relating to the
Group ‘B’ officers have, unfortunately, an endless list to be redressed. It is
also unfortunate that CBEC is very badly lacking in having the due meetings
under grievance redressal mechanism. If these meetings are held on insisting by
the employees, the decisions taken in the meetings remain unimplemented. This
shows that our own authorities are not serious
on our issues. Due to non-holding of meetings and issues
remaining unredressed, the grievances have been accumulated in a
large number.
However, again a lot of thanks to our present set of administration to be
serious enough to have our points in the said conference which is to be
addressed by our Hon’ble Prime Minister. The Association is very hopeful that
something concrete would come for these poor officers as a result of the
conference particularly relating to career prospects and pay matters.
Accordingly, some of the items are submitted for due consideration and kind
redressal as below-
(i) DPC for the year
2016-17 and 2017-18 for the post of Asstt. Commissioner in CBEC:
Immediate holding of DPC for the year 2016-17 and 2017-18 for the post of
Asstt. Commissioner in CBEC is very much requested 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. No
need to submit that the shortage of Asstt. Commissioners would certainly have
the adverse effect on the smooth functioning of the GST. There seems to be no
legal hindrance in holding of DPC as the promotions are to be affected on ad
hoc basis. It is also worth to mention that the
cadre restructuring was notified in the month of December, 2013 whereas Ist DPC
based on it was held in the month of October, 2014, i.e., approximately after 1
year. Accordingly, the period of 5 years for existence of temporary post may
kindly be counted from October, 2014 as already requested. Not only it, due
steps may also kindly be taken to further extend and make these posts permanent
as a part of separate service for group ‘B’ Central Excise executive officers
by adding sufficient number of posts at each level on the lines of CSS. No need
to submit that the DPC for the said post has been delayed regularly for
years.
(ii) Initial pay scale to Central Excise Superintendent at
par with DSP of CBI alongwith other perks & allowances etc.: New higher responsibilities of
judicial nature were conferred upon Central
Excise Superintendents vide Circular No. 922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and
130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10.
Their responsibilities have again
been increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide
circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16
of CBEC. No need to say that 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 and now in GSTN. 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 in the matter of pay
scale, 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 13 months salary in the
year, the same may also kindly be granted to the Central Excise/CGST
Superintendents and Inspectors. No need to say that Central Excise/CGST
Superintendents also have to play a very important role by bearing very
important responsibilities under GST too. The DSP of CBI is doing merely the
work of investigation and intelligence whereas the Central Excise/CGST
Superintendents are also conferred with other responsibilities alongwith
investigation and intelligence being the integral part of their
responsibilities and duties. Central Excise/CGST Superintendents always perform
more responsible and expert duties than DSP of CBI etc., it is the only reason
that these officers are entitled to go to CBI, IB etc. on deputation on the
seats of DSP and DCIO and even above but the DSP/DCIO from CBI, IB etc. are not
entitled to come to CBEC on deputation on the seats of Superintendent. It is
also worth to mention that the State Governments have already placed the
counterparts of our Superintendents in a pay scale equivalent to the pay scale
of DSP of CBI on implementation of GST.
(iii) Batch to batch Non Functional Financial Upgradation to
our officers to grant financial parity with the best placed counterparts of CSS
etc.: 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. 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. No need to say that temporary posts of
Asstt. Commissioner are also not able to do any good to Central Excise
Superintendents on account of being created for a limited period without any
right for further promotion resulting into not even of single rupee benefit on
promotion. Their counterparts including in CSS, Rajya Sabha Secretariat and
CBDT are already reaching the level of Joint Secretary and Commissioner
respectively in the GP of Rs. 10000/- in PB4. We have nothing against these
counterparts and wish them to get even more promotions but also request same
benefit for us. 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 the
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.
(iv) 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
equivalent to GP of Rs. 5400/- (or 6600/-) in PB3 to the Superintendents w.e.f. the date of grant of the same
to the officers of CSS & CSSS.
(v) 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 equivalent to Level-11
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
equivalent to Level-10. 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 of Level-13 (like CPWD where
group ‘A’ direct entry is also in Level-10 like CBEC) from STS post keeping in
view their extraordinarily acute stagnation. It is also worth to submit that
the posts in Level-10 and 11 and Level-12 and 13 are functionally same.
Next promotion of Central Excise
Superintendent to STS
is also very much required to grant them parity with the
counterparts of state governments working in GST. It is also worth to mention
that the Superintendents of NCB and Central Excise Superintendents were part
& parcel of common RRs and seniority list to be promoted to the same post
of Asstt. Commissioner under CBEC till 2003 when the Superintendents of NCB were
placed under the control of Home Ministry. Now, the Superintendents of NCB are
being promoted to STS post whereas the Central Excise Superintendents are still
being promoted merely to a JTS post. Not only it, the counterparts of our Superintendents in
Enforcement Directorate under our own Department of Revenue itself are also
being promoted to STS post.
(vi) Weightage of group
‘B’ service: The weightage of the service rendered in
group ‘B’ gazetted job 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. It is also worth to submit that such weightage is
already being given to GST counterparts in States at the time of entry into
group ‘A’. It is also
worth to mention that the group ‘B’ gazetted executive officers in CBEC were
being allowed five increments in their group ‘A’ pay scale on promotion to
group ‘A’ before the enactment of the Indian Customs & Central Excise
Service Group ‘A’ Rules, 1987.
(vii) Scheme to improve the career prospects of Central
Excise Superintendents to grant minimum 5 functional promotions as our officers
are retiring with single promotion in the service career of 35-40 years (Cabinet
also approved to bring a scheme to remove the stagnation of group ‘B’ Central
Excise executive officers independent of cadre restructuring): Our
officers are retiring with single promotion on a Level-8 post whereas our
counterparts are easily attaining Level-13 and Level-14. 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 Customs, 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 in
this matter. 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. It is, therefore, requested to kindly
bring a department-specific scheme to
enable our officers also attaining PB4 levels. Temporary posts of Asstt.
Commissioner (without any right for further promotions and created for a
limited period) 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 our poor
officers. The measures like time bound promotions/scales, notional promotions,
creation of supernumerary posts, creation of separate service, direct promotion
to higher posts, in-situ promotions, batch to batch functional upgradation, NFU
at par with the best counterparts etc. may be taken to bring the scheme. 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 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 to be created for in-situ
promotions.
(viii) Flexible Complementary Promotion/Dynamic Assured
Career Progression Scheme for Superintendents/Inspectors in accordance of the observations
of CBEC under OM F. No.A-26017/154//2015-Ad.IIA
Dt. 22.02.16 about the disparities in
promotions that it is an alarming anomalous situation: It is reiterated that the most of our officers are retiring with single
promotion on a PB2 post (Level-8) in a career of 35-40 years after joining the job as Inspector (Level-7)
whereas our counterparts including Customs (intra-organisational
counterparts), Income Tax (intra-departmental counterparts), CSS (inter-departmental
counterparts) etc. are getting 5 to 6 promotions upto the Level-14. An
organization-specific scheme is, therefore, required to be formulated also
enabling Central Excise Superintendents and Inspectors to attain
Level-13/Level-14 and above like the common entry counterparts including CBDT,
CSS, Customs etc. This can be done by introduction of flexible/dynamic promotion/complementing scheme. Such scheme under
the title of Flexible Complementary Promotion Scheme (FCS) was introduced in
the Department of Science & Technology to remove the stagnation of their
employees as a department-specific measure. Such a department-specific scheme
for Dynamic Assured Career Progression (DACP) was also adopted in Ministry of
Health to remove stagnation of their employees.
Thus, the problem of acute stagnation existing in the cadre of Central Excise
Superintendent and Inspector can be solved, if an organization-specific scheme
on the lines of Flexible Complementary Promotional Scheme (FCS) or Dynamic
Assured Career Progression (DACP) scheme is introduced for them after joining
as Inspector or equivalent grade. It is also worth to submit that FCS/DACP and MACPS both may
be applicable simultaneously for the concerned employees. Thus keeping in view the extraordinarily acute stagnation of Central
Excise executive officers, it is requested that the Central Excise
Superintendents may kindly be granted at least 5 in-situ promotions (if 5 functional promotions are not
possible) in uniform promotional hierarchy (as mentioned under the forthcoming
point of uniform promotional hierarchy) of functional promotions across all
Ministries/departments of Govt. of India under flexible/dynamic
promotion/complementing scheme on the lines of FCS or/and DACP. Being based on
in-situ promotions, none of such schemes
will need any functional post to be created because
in-situ promotion requires merely to
place in higher pay scale/s with higher designation but working on existing
post.
(ix) 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 implement the same immediately. Unfortunately,
no action is being taken despite of the 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. No need to
say that pay commission recommended the same pay scale for both categories. It
is also worth to submit that all of then-Inspectors have now become
Superintendents. Further also, the Government didn’t go to appeal against the
said order of Jabalpur CAT.
(x) 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 6th 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 to be sent to 7th CPC. No need to say that
there is no guarantee that the issue would have not been asked again to be sent
to the next pay commission/s even after the recommendations from 7th
CPC. However, neither the matter was recommended to 7th CPC nor
implemented till date. 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. It is also worth to mention that 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.
(xi) Undoing of MACP
irregularities (para 8.1, upgradation in promotional hierarchy and offsetting
of MACP upgradation with time scale) as our officers were able to get the grade
pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting
the same after 30 years of service under MACPS: Main objective of introducing ACP
scheme was to grant financial compensation to the govt. servants in lieu of the
lack of functional promotions. Accordingly, the government employees were to be
granted next higher pay scale in their promotional hierarchy. But the Modified ACP Scheme envisages
placement merely in the immediate next higher Grade Pay. Not only it, one MACP
upgradation was off set with the non-functional time scale granted to various
categories of Group B gazetted officers after completion of 4 years of service.
Single grade pay of Rs. 5400/- was also bifurcated into two categories, i.e.,
Rs. 5400/- in PB2 and Rs. 5400/- in PB3 without the difference of a single
rupee under para 8.1 of MACPS. The worst hit category in this respect is the
Central Excise Superintendents who are now able to get only a grade pay of Rs.
5400/- after 30 years or more service which they were able to get only after 24
years of service under ACPS. Thus, they retire merely with a benefit
of Rs. 800/- in their whole career after joining as Inspector. The State governments like
Uttar Pradesh etc. have not offset the MACP upgradation with the time scale.
They have also granted the IIIrd MACP upgradation within 26 or less years to
their employees without bifurcating the single grade pay at any level. As a
result, their officers are able to get 4 financial upgradations (3 financial
upgradations+1 time scale) as a combined effect of the time scale and MACP
Scheme whereas we are able to get only two in toto. Seniors are also being
given benefit of stepping up there, if get less pay than any junior under
ACPS/MACPS. It is also worth to submit that the offsetting of MACP upgradation
with the time scale was also not recommended by the CPC but, very
unfortunately, the Government offset the MACP upgradation with the time scale
contrary to the recommendations of the Commission. Therefore, the MACP
upgradation may kindly be granted in promotional hierarchy without offsetting with the time
scale and without bifurcation of single grade pay with the due benefit of
stepping up, if senior gets less pay than junior. Regarding redressal of
bifurcation of single grade pay, Level-9 may also kindly be merged into
Level-10.
(xii) Uniform promotional
hierarchy for all Group ‘B’ officers across all departments/ministries in Govt.
of India: The
promotional hierarchy is varying department to department in the Govt. of
India. Somewhere Group ‘B’ Gazetted Officers are promoted to Level-10 (CBEC,
CBDT, Department of Posts etc.), whereas they are being promoted to Level-11 at
other places (CSS, Railway Board, CSSS, CPWD, AFHQ, CVC, UPSC, MEA, MPA, NCB,
Enforcement Directorate in the Department of Revenue itself, Rajya Sabha
Secretariat etc.). Somewhere Group ‘B’ Non-Gazetted Officers are promoted to
Level-10 (CBI, IB, Hindi departments etc.), whereas they are being promoted to
Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD etc.) or Level-9 (Department of
Posts etc.) at other places. Somewhere promotional hierarchy is Levl-7àLevel-11àLevel-13
(CPWD etc.), somewhere Level-7àLevel-8àLevel-11àLevel-12àLevel-13
(CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha
Secretariat etc.), somewhere Level-7àLevel-10àLevel-11àLevel-12àLevel-13
(CBI, IB, Hindi departments etc.), somewhere Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13
(CBEC, CBDT, etc.) and somewhere Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13
(Department of Posts etc.). So, promotional hierarchy after entry into group
‘B’ is required to be made uniform for the sake of justice to all. Posts under Level-10 & Level-11 and
also Level-12 & Level-13 being functionally same, ideal promotional
hierarchy for all after entry into Group ‘B’ non-gazetted should only be
“Level-7àLevel-11àLevel-13àLevel-14à” on
the pattern of CPWD. Therefore, the promotional hierarchy after entry into
group B, non-gazetted cadre may kindly be made uniform across all
departments/Ministries and the officer may kindly be promoted, functionally or
non-functionally, after the completion of residency period as prescribed by
DOPT vide OM No. AB. 14017/61/2008-Estt. (RR) Dt. 24.03.09. It is 7 years for
Level-7 to Level-11 and 10 years for Level-11 to Level-13 and further 3 years
for Level-13 to Level-14 and so on.
(xiii) Merger of Level-9 and 10: Earlier 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 7th CPC has also retained the same as Level-9 and
Level-10. The same is, therefore, requested to be merged at Level-10. This bifurcation of single grade pay into one
is also one of the reasons for employees to be at loss under MACPS in
comparison with ACPS instead of any benefit.
(xiv) Finalisation of RRs as per
the verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT:
The said OA was filed seeking amendments/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. 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. In this regard, it is worth to mention that four months time has already expired. Also as
per the minutes drawn against point No. 2 of the meeting held under the
Chairpersonship of the former Member (P&V) on 31.01.13 issued vide
No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC, it was mentioned that the work
of framing new RR’s is going on and its progress is being monitored very
closely on regular basis. Accordingly, it is requested to expedite the
finalization of the Recruitment Rules at an early date 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
at par in the matter of promotions to save the senior Central Excise/CGST
officers from humiliation of working under their juniors of Customs. It is also worth to mention that DOPT OM No. AB-14017/61/2008-Estt.(RR)
dt. 24.03.09 stipulates the promotion
of the Inspector grade to the grade of Joint Commissioner, Additional
Commissioner & Commissioner after completion of 12, 17 & 20 years of
service respectively. The validity of this OM was also not questioned by the
CBEC during the presentation of cadre restructuring proposal made on 18.01.11
but CBEC showed its inability to implement the same due to the want of the
required number of vacancies/posts. Regarding the want of the required number
of vacancies/posts, it is requested that the officers may kindly be granted
in-situ promotions after completion of the prescribed service independent
of cadre restructuring which require
no creation of posts. A little deviation from the above mentioned DOPT
guidelines, already framed with due diligence & application of mind by
DOPT, may be understood but the non-implementation of the same at all is never
understandable. If the grant of the prescribed grade is not possible within 20
years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26,
27, 28, 29 or even 30 years (after completion of 1½ times of qualifying service
based on the precedent of CSS of promoting all the Section Officers to the STS
post of Under Secretary after completion of 1½ times of qualifying service in
1999). In CSS, they still have provisions of in-situ promotions upto the level
of Joint Secretary.
(xv) Upgradation
of posts & scales like state governments under GST: The state governments have not only
upgraded the various posts under GST by one rank but also granted higher pay
scales to benefit and motivate their employees for perfect and efficient
implementation of GST but, unfortunately,
no such step has ever been taken by CBEC despite of the actual work
force of Superintendents and Inspectors being totally disappointed,
de-motivated, demoralised and job-dissatisfied for decades in r/o the career
prospects and pay matters as compared to their counterparts. These poor
officers are far behind their counterparts of state governments as well as
central government in the above matters. The post of CTO (equivalent to
Superintendent or even lower) has not only been placed under a pay scale with
Pay Band of Rs. 15,600-39,100/- (PB3) and with Grade Pay of Rs. 5400/-
equivalent to Level-10 of Central Government but it has also been upgraded to
the post of Asstt. Commissioner by the state governments under GST. Inspector
or even lower level post has also been upgraded to CTO. Thus, Asstt. CTO has
been upgraded to CTO, CTO to Asstt. Commissioner, Asstt. Commissioner to Deputy
Commissioner, Deputy Commissioner to Joint Commissioner, Joint Commissioner to
Addl. Commissioner and so on. Accordingly, CTO has been placed in a pay scale
and status of group ‘A’ entry level in the states to implement the GST.
Therefore, it is requested that the same steps may also kindly be taken to
upgrade the posts in CBEC from the lowest to the highest level to motivate and
create the feeling of job-satisfaction among the employees for perfect
implementation of GST and also for the sake of uniformity & justice.
(xvi) Infrastructure and office space: It is reiterated that the staffside is very badly
devoid of due infrastructure, prescribed office space, prescribed facilities
and basic amenities under CBEC since very long. As a result of the cadre
restructuring happened in 2002, the office space available with the staffside was taken from them to be given to the higher authorities. History was repeated after the last cadre restructuring in 2014 again giving the office
space being used by the staffside to the higher authorities. Accordingly, the staffside is very badly
devoid of prescribed office space. Not only it, they are also devoid of due
infrastructure, prescribed facilities and basic amenities in r/o office
furniture, vehicles, mobile phones, sims, pen drives, stationary, pens, towels,
tumblers, office bags, internet connection, healthy drinking water, clean bathrooms
& toilets, libraries, canteens, free office parking, change rooms, gyms
etc. Hence, prescribed infrastructure, prescribed office space, prescribed facilities and due amenities may kindly be provided to the
staffside.
4. It is requested that all of above
points may kindly be taken on record for Rajasva Gyansangam for kind redressal. The redressal of the above grievances is
again very much requested with a lot of expectations and hopes on the pious occasion of Rajasva Gyansangam.
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 MOS (Revenue), North Block, New Delhi.
4) The Finance Minister, North Block, New Delhi.
5) The Prime Minister, North Block, New Delhi.
6) DG, HRD, CBEC, New Delhi.
7) ADG, HRM-I, DGHRD, CBEC, New Delhi.
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.
82/AIB/G/17
Dt. 25.08.17
To,
Sh. Narendra Modi,
Hon'ble Prime Minister of India,
New Delhi
Sub: Issues relating to
group ‘B’ for Rajasva Gyansangam.
Sir,
Kindly refer to the
Ref. No. 81/AIB/G/17 Dt. 24.08.17 of the Association addressed to CBEC
authorities and copy endorsed to your goodself.
2. It is submitted with
due regards that the most of our officers are forced to retire with single
functional promotion in the career of 35/40 years after joining as Inspector
which certainly affects the administrative efficiency in CBEC due to the acute
feeling of job dissatisfaction and demoralisation among the officers whereas
other counterparts including Customs, CBDT, CSS etc. are already getting 5-6
promotions. Perhaps so acutely job-dissatisfied and demoralized officers will
also not be able to give their hundred percent under GST. No need also to say
that the temporary posts of Asstt. Commissioner only enabled some of the
officers to work on this post for a limited period without any right for
further promotion and also without any real benefit in r/o assured career
progression. Our officers merely reach the level of GP of Rs. 5400/- from GP of
Rs. 4600/- in their career, thus the financial upgradation of only Rs.800/- is
available to them in the whole career. Under such circumstances, talented
officers can’t be retained in the CBEC putting a great challenge ahead for
successful and continued implementation of GST. As a result, talented Superintendents
are leaving the Department to become Consultants of GST/Indirect Tax. The
talented officers can be retained in the service alongwith being saved from
frustration to contribute to better tax administration and Nation building only
by improving the service conditions. It is also necessary to attract the
talented youth to serve the indirect taxation. It is worth to mention that
other counterparts are easily getting a minimum increase of Rs. 4100/- in grade
pay in comparison to Rs. 800/- of our officers. The grant of higher pay is also
the need of the hour to attract young talents and brilliant brains and also to
retain the existing talents.
3. It is further
submitted that HR issues relating to the Group ‘B’ officers have,
unfortunately, an endless list to be redressed. It is also unfortunate that
CBEC is very badly lacking in having the due meetings under grievance redressal
mechanism. If these meetings are held on insisting by the employees, the
decisions taken in the meetings remain unimplemented. This shows that our own
authorities are not serious on our
issues. Due to non-holding of meetings and issues
remaining unredressed, the grievances have been accumulated in a large number.
The Association is very hopeful that something concrete would come for these
poor officers as a result of the conference particularly relating to career
prospects and pay matters. Accordingly, some of the items are submitted for due
consideration and kind redressal as below-
(i) DPC for the year 2016-17 and 2017-18
for the post of Asstt. Commissioner in CBEC.
(ii) Initial pay scale to Central
Excise Superintendent at par with DSP of CBI alongwith other perks &
allowances etc.
(iii) Batch to batch Non Functional
Financial Upgradation to our officers to grant financial parity with the best
placed counterparts of CSS etc.
(iv) Non-functional time scale in PB3
to Central Excise Superintendents like other counterparts instead of PB2 after
4 years of service.
(v) Next promotion of Central Excise
Superintendent to STS like other group ‘B’ gazetted officers of Central as well
as State Governmentst.
(vi) Weightage of group ‘B’ service.
(vii) Scheme to improve the career
prospects of Central Excise Superintendents to grant minimum 5 functional
promotions as our officers are retiring with single promotion in the service
career of 35-40 years (Cabinet also approved to bring a scheme to remove the
stagnation of group ‘B’ Central Excise executive officers independent of cadre
restructuring).
(viii) Flexible Complementary
Promotion/Dynamic Assured Career Progression Scheme for
Superintendents/Inspectors in accordance of the observations of CBEC under OM
F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 about the disparities in promotions
that it is an alarming anomalous situation.
(ix) Implementation of the CBEC
circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding
arrears of pay.
(x) 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.
(xi) Undoing of MACP irregularities
(para 8.1, upgradation in promotional hierarchy and offsetting of MACP
upgradation with time scale) as our officers were able to get the grade pay of
Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the
same after 30 years of service under MACPS.
(xii) Uniform promotional hierarchy
for all Group ‘B’ officers across all departments/ministries in Govt. of India.
(xiii) Merger of Level 9 and 10.
(xiv) Finalisation of RRs as per the
verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT.
(xv) Upgradation of posts scales like
state governments under GST.
(xvi) Infrastructure and office
space.
4. Brief details on all
of above issues have already been submitted in your office on 24.08.17 vide the
above mentioned Ref. No. 81/AIB/G/17 Dt. 24.08.17 of the Association.The
redressal of the above grievances is again very much requested with a lot of
expectations and hopes on the pious occasion of Rajasva Gyansangam.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Mob. 9868816290
