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); N. Nagraj, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar
(Central)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 164/AIB/P/17
Dt. 04.12.17
COURT MATTER/REMINDER
To,
Sh. S.
Ramesh,
Member
(Admn), CBEC,
North Block,
New Delhi.
Sub: Verdict given in OA No.
2323/2012 by Principal Bench of Hon’ble CAT.
Sir,
Kindly refer to the letter Ref. No.
35/P/17 Dt. 09.03.17 and consequent communications of the Association including Ref. No. 36/AIB/P/17 Dt. 10.07.17, 50/AIB/G/17
Dt. 02.08.17 and 63/AIB/P/17 Dt. 02.08.17.
2.
It is submitted with due regards that the Association filed the said OA 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.
3.
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. No need to say that the time given by the Hon’ble
CAT has already expired.
4. In this regards. RR’s may kindly be re-framed prescribing the
qualifying services in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR)
dt. 24.03.09 without trifurcating
the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level. This OM
stipulates the promotion of the Inspector grade to the
grade of Joint Commissioner, Additional Commissioner & Commissioner
respectively after completion of 12, 17 & 20 years of service. The validity
of this OM was also not questioned by 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 (requiring no creation of
posts) after completion of the prescribed service. A little
deviation from the above mentioned DOPT guidelines, already framed with the 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 (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) years. In CSS, they still
have provisions of in-situ promotions upto the level of Joint Secretary.
5. Accordingly, the Association has already suggested to form
the RR’s on the following lines to
benefit already stagnated as well as new generation of the officers
prescribing qualifying service as follows based on the above mentioned OM of
DOPT after unifying all of 3 categories into single stream (without
trifurcating the single cadre) at
group ‘B’ non-gazetted (Inspector) as well as group ‘B’ gazetted
(Superintendent) level–
(i) 2 years for promotion to a post with a grade pay of Rs.
4,800/- (Level-8) after joining in Inspector grade (Level-7) as there is no
justification to enhance this residency period above two years keeping in view
the mere benefit of Rs. 200/- being granted on promotion and also that it is
already two years in other ministries.
(ii) 7 years for promotion to a post with a grade pay of Rs.
6,600/- (Level-11) after joining in Inspector grade (There is no justification of promoting an officer from a grade pay of Rs.
5,400/- to 5,400/-. It is also submit-worthy that the most of the group
‘B’ gazetted officers including CSS are being promoted to a senior group ‘A’
post instead of junior group ‘A’ in Central as well as State governments.).
(iii) 12 years for promotion to a post with a grade pay of
Rs. 7,600/- (Level-12) after joining in Inspector grade.
(iv) 17 years for promotion to a post with a grade pay of Rs.
8,700/- (Level-13) after joining in Inspector grade.
(v) 20 years for promotion to a post with a grade pay of Rs.
10,000/- (Level-14) after joining in Inspector grade.
(vi) and
so on.
6. In addition to the above
residency periods and keeping in view the extraordinarily acute stagnation of
Central Excise executive officers, there should kindly be incorporated the
permanent provision in the recruitment rules
to promote the officer automatically to the higher grade as soon as
he/she completes 1½ times of qualifying service in r/o any grade. As already submitted, this measure
was taken in CSS for promoting all the Section Officers to the STS post of
Under Secretary after completion of 1½ times of qualifying service in 1999.
This will not only remove the regional disparities but also grant the
opportunity to our officers to reach higher levels like the common entry
counterparts. It is also well pertinent to mention that any officer is called
stagnated, if he/she doesn’t get promotion even on completion of 1½ times of
qualifying service prescribed for promotion by DOPT.
7. 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.
Further, it has been mentioned that the RR’s as per DOPT guidelines would be
finalized soon. So, the matter is required to be expedited immediately in
strict consonance of the relevant DOPT guidelines issued vide OM No.
AB-14017/61/2008-Estt.(RR) dt.24.03.09 as per prayer of the Association.
8. In view of the above, 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/GST officers from humiliation of working under their juniors of Customs.
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 Finance Secretary, 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); N. Nagraj, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar
(Central)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 165/AIB/G/17
Dt.
04.12.17
REMINDER
To,
Sh. Arun Jaitley,
Hon’ble Minister of Finance,
North Block, New Delhi.
Sub: Upgradation of posts & scales like state governments under
GST.
Sir,
Kindly
refer to the Ref. No. 118/AIB/G/17 Dt. 09.10.17 of the Association on the above
subject.
2. With due
regards, it is again to submit that the state governments have not only
upgraded the various posts under GST but also granted higher pay scales to
benefit and motivate their employees for perfect and efficient implementation
of GST.
3. The
copies of the relevant documents in r/o the states of Andhra Pradesh,
Rajasthan, Chhattisgarh etc. have already been provided to the CBEC authorities
for ready reference. No need to say that the states are taking every step to
motivate their employees in r/o career prospects and pay matters for the
perfect implementation of GST whereas the same is very terribly missing in our
CBEC. All kudos to the state governments for the steps taken to motivate the
employees and generate feeling of healthy competition among them in r/o GST.
4. It is really unfortunate,
de-motivating and demoralizing that no such steps have 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. No need to say that these poor officers are far behind their
counterparts of state governments as well as central government in the above
matters. Such matters, having an endless list, are being regularly communicated
to the CBEC but without any remedy.
5. 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 in states under GST. Inspector or
even lower level post has also been upgraded to CTO by the state governments
thus placing the Inspector level officers under a pay scale of Level-10 by way
of double mechanism of upgradation of post and enhancement of pay scale. Accordingly,
CTO has been placed in a pay scale and status of group ‘A, entry level by the
states. Likewise, Asstt. CTO has been upgraded to CTO, CTO to Asstt.
Commissioner, Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner
to Joint Commissioner and so on in the state governments under GST regime.
6. In
view of the above, it is requested that the same steps (if not better than the
GST counterparts in state governments) 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 of CBEC for perfect
implementation of GST in the interest of the revenue.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
The Hon’ble Prime Minister of India, PMO, South Block, New Delhi.