Dear friends,
namaste.
1) Met with Expenditure Secretary today in r/o expenditure related issues pertaining to cadre. The issues like implementation of para 7.15.24 of 6th CPC report (parity with Chief Enforcement Officer), arrears since 1.1.96 at par with NCB Supdt, NFU at par with CSS & initial pay scale of our Supdt equivalent to GP of 5400/- in PB3 at par with DSP of CBI were raised. He marked relevant things on our representations, went through all enclosures and noted necessary points saying to do the needful.
2) Matter relating to general implementation of Subramanium case is already with Expenditure and being pursued.
3) Submissions made to him are attached herewith.
Love,
Ravi Malik,
Secretary General,
AIACEGEO.
namaste.
1) Met with Expenditure Secretary today in r/o expenditure related issues pertaining to cadre. The issues like implementation of para 7.15.24 of 6th CPC report (parity with Chief Enforcement Officer), arrears since 1.1.96 at par with NCB Supdt, NFU at par with CSS & initial pay scale of our Supdt equivalent to GP of 5400/- in PB3 at par with DSP of CBI were raised. He marked relevant things on our representations, went through all enclosures and noted necessary points saying to do the needful.
2) Matter relating to general implementation of Subramanium case is already with Expenditure and being pursued.
3) Submissions made to him are attached herewith.
Love,
Ravi Malik,
Secretary General,
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
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. 133/AIB/E/17 Dt. 26.10.17
To,
The Secretary,
Department of Expenditure,
North
Block, New Delhi.
Sub: Request for redressal of the issues submitted herewith.
Sir,
With due regards, the forthcoming issues are submitted
for your kind consideration and due redressal w.r.t. the e-mail request of the
Association made to your goodself on 24.10.17. Even if any of issues had been
sent to the Department of Expenditure for approval/consideration by the CBEC,
it seems that the same have never been placed before your goodself. A bit detailed
representation on each issue is also enclosed alongwith explaining the things
in a bit clear manner. The issues are as under-
(1)
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 (as detailed in Annexure-I enclosed herewith).
(2) Retrospective implementation
of the pay scale of Central Excise
Superintendents at par with NCB Superintendents as cleared by IFU vide F. No. A-26017/65/2003-Ad-II(A) of CBEC (as detailed in Annexure-II enclosed herewith).
(3) Batch to batch Non Functional Financial Upgradation to our
officers to grant financial parity with the best placed counterparts of CSS
etc. as recommended by CBEC vide OM F.
No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 (as detailed in Annexure-III enclosed herewith).
(4) Initial pay scale to Central Excise Superintendent at par with the DSP of CBI w.r.t. OM No. 1148/Dir(A)/2008 Dt. 08.12.08 of the Expenditure (as detailed in Annexure-IV enclosed herewith).
2. Your
goodself is once more requested to look into the above issues for the sake of
justice to the Central Excise Superintendents, the most of whom are retiring
with single promotion in their career after joining as Inspector.
Thanking you.
Yours faithfully,
Encls: As above.
(RAVI MALIK),
Secretary General.
Annexure-I
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. 134/AIB/E/17 Dt. 26.10.17
To,
The Secretary,
Department of Expenditure,
North
Block, New Delhi.
Sub: 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.
Sir,
With
due regards, it is to submit that the pay scale of the Chief Enforcement
Officers, analogous counterparts of Central Excise Superintendent, under our
own Department of Revenue 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 the 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 join the Enforcement Directorate as Assistant Director
on deputation basis also. The Chief Enforcement Officers are also being paid 25% extra salary per month again 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 vide UO No. 6/37/98-IC Dt. 24.11.14
to send the case to 7th CPC.
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. It was, however,
neither sent to the 7th CPC nor implemented till date. Even if it
was sent to the 7th CPC and was again recommended, who knows that it
would have not again been asked to be sent to the next CPC/s under an unending
process.
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 on
21.11.14 vide UO No. 6/37/98-IC to give justice to the Central Excise/CGST
Superintendents.
Thanking
you,
Yours faithfully,
Encl: Copy of the relevant note-sheet.
(RAVI MALIK),
Secretary General.
Annexure-II
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. 135/AIB/E/17
Dt.
26.10.17
To,
The Secretary,
Department of Expenditure,
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,
With
due regards, it is to submit 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/- prospective effect 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.
The Association has been continuously raising the demand for implementing the
revised pay scale with retrospective effect for central Excise Superintendents
instead of 21.04.2004 since very beginning but nothing has happened 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 with the
Superintendents of Central Excise and also based on the precedent of the grant
of time scale to later.
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 was also recommended to the Department of Expenditure by the CBEC with due clearance from IFU vide F. No.
A-26017/65/2003-Ad-II(A) of CBEC but the same has been returned to CBEC by
the Expenditure perhaps as a routine manner without considering the merits of
the case.
7.
In view of the above, it is requested to kindly give the retrospective effect
to the enhanced pay scale of the Central Excise Superintendents at par with the
Superintendents of NCB for the sake of justice.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Annexure-III
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. 136/AIB/E/17
Dt.
26.10.17
To,
The Secretary,
Department of Expenditure,
North
Block, New Delhi.
Sub:
Batch to batch Non Functional Financial Upgradation to our officers to grant
financial parity with the best placed counterparts of CSS etc.
Sir,
With due regards, it is to submit that Central Excise/CGST 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 above 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 is applicable only for
Group ‘A’ organized service.
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/CGST are working on more important
seats of revenue collection in the field formations. Despite of working on more
important seats, the Inspectors/Superintendents of Central Excise/CGST 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 even of the revised
revenue targets with the efficient, committed & effective efforts despite
of their total demoralisation, disappointment and job-dissatisfaction in r/o
pay & perks, career prospects and working conditions.
6. Above facts very well manifest
the injustice meted out to officers recruited as Central Excise Inspector
despite of the most important work of revenue collection being done by them for
govt. 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/CGST officers.
7. As far as the importance of the work
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 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/CGST 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 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 getting 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 for the finance of 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 have 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. The matter was also recommended to the 7th CPC
by the CBEC as advised by the Department
of Expenditure (Ref. OM F.
No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 of CBEC) but the CPC kept silence on it without giving any
finding. After the publication of 7th CPC report, the matter was
again recommended by CBEC vide above mentioned OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 (enclosed herewith) for the consideration of Empowered
Committee but the Committee also remained silent on it.
12. In
view of the above, it is requested to consider the matter sympathetically to
grant non-functional financial up-gradation (NFU) to Central Excise/CGST
Superintendents/Inspectors at par with the best placed Group ‘B’ counterparts
of CSS for the sake of justice.
Thanking you,
Yours faithfully,
Encls: (i) Note-sheet of CBEC on above issue.
(ii) OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16
of CBEC.
(RAVI MALIK),
Secretary General.
Annexure-IV
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. 137/AIB/E/17
Dt.
26.10.17
To,
The Secretary,
Department of Expenditure,
North
Block, New Delhi.
Sub: Initial pay
scale to Central Excise/CGST Superintendent at par with DSP of CBI w.r.t. OM No. 1148/Dir(A)/2008 Dt. 08.12.08
of the Expenditure (also
recommended by CBEC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16)
alongwith other perks & allowances etc.
Sir,
With due regards, it is to submit that the feeder cadre of Inspector was placed at
par in the matter of pay scale in CBEC and CBI on 21.04.04 but the promotional
cadre of Central Excise/CGST Superintendent is still awaited to be placed at
par with the DSP of CBI (promotional cadre for Inspector in CBI). However, the 7th CPC has
again recommended a higher pay scale for the Inspectors of CBI based on wrong facts saying
that the CBI Inspector was working in a higher pay scale than the Central
Excise Inspector prior to the formation of 7th CPC.
2. It is further submitted that 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 increased/higher responsibilities are always
directly linked with the increased/higher pay scales. But very unfortunately,
there is no increase in the pay scale of Central Excise Superintendents despite
of the responsibilities of these officers being on regular increase.
3. Central Excise/CGST
Superintendents have also been conferred with new higher technical/scientific responsibilities of
ACES since 2010 and now GSTN under
GST. The claim of these 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 the Hon’ble
Supreme Court. Not only it, the 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. They are also being
conferred with the new additional responsibilities every year in the Finance
Bill (Budget). 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.
4. Despite of the admission
by Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt. 08.12.08 (enclosed
herewith) that the pay scale of
Central Excise Superintendent was enhanced on 21.04.04 to grant them parity
with DSP of CBI/DCIO of IB (analogous counterparts of Central Excise
Superintendent), Central Excise Superintendent was not given the said parity
and was granted merely a lower pay scale of Rs. 7500-12000/- w.e.f. 21.04.04
instead of Rs. 8000-13500/- or equivalent (pay scale of DSP of CBI/DCIO of IB).
5. Govt. enhanced the pay scale of DSP
of CBI without recommendations of CPC
and also without any increase in their responsibilities considering them as
Police Organisation. However, Hon’ble CAT of Jabalpur in order in r/o OA No.
45/2000 didn’t consider them as Police Organisation, whereas Special Police Establishment (Executive Staff) Recruitment Rules and CBI Recruitment Rules, 1987
consider department of Central Excise as a Police Organisation. Section 21 of
Central Excise Act and Section 53 of NDPS Act also confer powers of
Officer-in-Charge of
Police Station on Central Excise officers.
6. The Central Excise personnel are also deployed on
International Airports, International Sea Ports and International borders side
by side with IB, CBI, Army, BSF, CRPF and ITBP etc. These personnel have
suffered heavy casualties while dealing with trans-border criminals and
countering with the dreaded smugglers.
Also as per the OM issued vide F.
No. 8/B/90/HRD (HRM)/2011 (Part-I)/4853 Dt. 21.10.14 and
No.C.30013/11/2011-Ad.IV.A Dt.02.08.13 of CBEC/the Govt. of India, the
Central Excise Superintendents perform their duties in the nature and style of
‘Military’ and ‘Navy’ being uniformed officers bearing “Ashoka Emblem”. Thus, Central Excise/CGST Superintendents are required to be placed under a
pay scale even higher than the DSP of CBI on the lines of Military and
Navy.
7.
Till 07.02.96, the pay scale of
both posts (Central Excise Superintendent and DSP of CBI) was same, i.e., Rs.
2000-3500/-. Govt. of India vide OM No. 245/23/95 – AVD-II Dt. 08.02.96 of DOPT
enhanced the pay scale of DSP of CBI to Rs. 2200-4000/- retrospectively w.e.f.
01.01.86 without any increase in their responsibilities and also without
recommendations of CPC. Thus, it is gross injustice not to bring the Central
Excise Superintendent at least at par with the DSP of CBI in the matter of pay
scale particularly when the govt. (department of expenditure) also admitted
that pay scale of Central Excise Superintendent was enhanced to Rs.
7500-12000/- to grant them parity with the DSP of CBI/DCIO of IB. It is also worth to submit that
the DSP of CBI etc.
are also being paid 25% per month extra salary and also 13 months salary in the
year,
the same may also kindly be given to the Central Excise/CGST Superintendents
and Inspectors.
8.
The plea by Central
Excise Superintendents for grant of GP of Rs. 5400/- in PB3 has been turned
down stating that it is the group ‘A’ entry scale belonging to the promotional
post of Asstt. Commissioner, to which Superintendent is a feeder post. That
being the case, the feeder post of Assistant and promotional post of Section
Officer were placed in the same pay scale in CSS once upon a time just before
the implementation of 6th CPC report. Likewise, feeder and
promotional posts were being placed in the same pay scale in Audit and Accounts
services. Also Group ‘B’ officers in the Sate Governments and Group ‘A’
All India Service Officers are recruited in the same grade pay of Rs. 5400/- in
PB3 and get next promotion to the same post in grade pay of Rs. 6600/-. Further, it is also a fact that the
pay of any Assistant Commissioner (direct) will always be less than a
Superintendent on account of acute stagnation at Inspector and Superintendent
levels. Accordingly,
there should not be any problem to place the Central Excise Superintendent in
the Grade Pay of Rs. 5400/- in PB3 (Level 10). This problem may, however, also be solved by promoting the
Superintendent directly to STS (Level 11) post like most of the other
counterparts or even making the group ‘A’ entry into Grade Pay of Rs. 6600/-
(Level 11).
9. Grant of
the pay scale at par with the analogous counterparts of CBI to all Group ‘B’
gazetted executive officers in CBEC/CBIC including the Central Excise/CGST
Superintendents, Customs Superintendents and Customs Appraisers will involve a
negligible financial implication merely to the tune of around Rs. 18 crore
particularly when they are earning the revenue always above the set targets
regularly every year. They have collected the revenue to the tune of Rs. 8,86,000
crore for the year 2016-17 which is very well above the set target.
10. It is also
worth to submit that only a negligible amount of merely around 80 paise is
being incurred to collect Rs. 100/- by these officers despite of being faced
the worst pay packages and also the worst career prospects. No need to say that
the revenue collection and efficiency in the indirect tax administration would
increase multifold, if these officers are made job-satisfied regarding their
pay matters and career prospects.
11. Intelligence and
investigation is integral part of the work responsibilities of Central Excise
Superintendents like DSP of CBI. Central Excise Superintendents are performing
rather more expert responsibilities than DSP of CBI, that's why they (and also
Central Excise Inspectors) are allowed to go to CBI on deputation as DSP of CBI
or above but DSP of CBI (or any cadre of CBI) is not allowed to come to
Central Excise/CGST/Customs on deputation.
12. The CBEC
has also recommended for the grant of a Grade Pay of Rs. 5400/- in PB3
(Level-10) for the Central Excise Superintendents at par with the DSP of CBI
and also to give them next promotion in STS vide OM F.
No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 (enclosed with Annexure-III) after the
issuance of the 7th CPC report. But the matter is yet to reach the
finality.
13. In view of the above, it is requested to place the
Central Excise/CGST Superintendents at least under a grade pay of Rs. 5400/- in
PB3 (Level-10) or equivalent scale alongwith other perks & allowances etc.
w.e.f. the date of the grant of the same to the DSP of CBI.
Thanking
you,
Yours faithfully,
Encl: As above.
(RAVI MALIK),
Secretary General.
