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)
Office Secretary: C.
S. Sharma Treasuer: N.
R. Manda Organising Secretary: Soumen Bhattachariya
(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. 18/AIB/P/18
Dt.
17.01.18
To,
Shri
S. Ramesh,
Member (Admn), CBEC,
North Block, New
Delhi.
Sub: Meeting with officials of recognized
Associations/Federations under CBEC.
Sir,
Kindly refer to the Meeting Notice issued vide
F.No.A-26017/154/2015-Ad.IIA Dt. 04.01.18.
2. With due regards, it is to submit that a clear anomaly
has been created by placing the
Inspector of CBI in the scale of Central Excise Superintendent based on the
7th CPC report recording factual position wrongly that the CBI
Inspector was working in a higher pay scale than the Central Excise Inspector
prior to the formation of 7th CPC. This recording made by 7th
CPC is totally incorrect, the actual position being that the CBI Inspector and
Central Excise Inspector were working in the same pay scale prior to the
publication of 7th CPC report. The CBI Inspector and Central
Excise/CGST Inspector are the feeder cadres for the post of DSP of CBI and
Central Excise/CGST Superintendent respectively. No need to say that the
anomaly is automatically created in r/o promotional posts (Central Excise/CGST
Superintendent and DSP of CBI, both analogous posts) too, if it has been
created in r/o feeder posts (CBI Inspector and Central Excise Inspector, both
analogous posts). By placing the Inspector of CBI in the pay scale of Central
Excise/CGST Superintendent, horizontal as well as vertical relativity has been
disturbed.
3. Not only the above anomaly, one more anomaly has been
created which is between the post of Central Excise/CGST Superintendent and
Superintendent of Posts. Both were working under the same pay scale before the
implementation of the 7th CPC report and both were also entitled for
the same time scale after 4 years of service under the GP of Rs. 5400/- in PB2.
But the Superintendent of Posts has been placed under the initial pay scale
equivalent to GP of Rs. 5400/- in PB2 (Level-9) whereas there is no change in
the pay scale of Central Excise/CGST Superintendent despite of the duly recommending/forwarding
of the representation of the Association to the 7th CPC by the CBEC
asking an initial pay scale equivalent to GP of Rs. 5400/- in PB3 for our
Superintendents. The Central Excise/CGST Superintendent has merely been placed
in a pay scale of Level-8 (GP Rs. 4800/- in PB2) and CBI Inspector has also
been placed in the same pay scale. The following demands alongwith others of
the Association were recommended/forwarded to the CPC by the CBEC-
i) Pay
scale for Central Excise Superintendent equivalent to GP of Rs. 5400/- in PB3
at par with DSP of CBI.
ii)
Minimum five functional promotions.
iii) Direct promotion of Superintendent to STS post.
iv) Uniform promotional
hierarchy across all departments/ministries.
vi) Introduction of
flexible/dynamic promotion/complementing scheme for our officers.
vii) Batch to batch non functional financial upgradation (NFU) to Central Excise
Executive officers at par with the best placed counterparts after entry into
group ‘B’ non-gazetted or equivalent grade.
viii)
Merger of GP of Rs. 5400/- in PB2 and PB3.
ix)
Time
Scale (after 4 years of service) in PB3 instead of PB2.
x)
One
month additional pay in the year & 25% extra salary per month.
xi)
Special duty
allowance etc.
4. VIth CPC under para 7.14.25 recommended to
maintain parity between Chief Enforcement Officer and Central Excise Superintendent etc. which has also not been implemented
till date. The competent authority in Expenditure, 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 VIth CPC but the lower authorities in Expenditure
asked finally vide UO No. 6/37/98-IC Dt. 24.11.14 (Copy of relevant note-sheet
enclosed as Annexure-I) to send the
case to 7th CPC despite of the approval by the competent authority
but it was not sent to the 7th CPC because of already being a recommended
case by VIth CPC. It is really disappointing that the matter duly
recommended by the VIth CPC was again been asked by these lower
authorities to be sent to 7th CPC. Therefore, the discrimination may kindly be undone by
implementing the para 7.15.24 of 6th CPC report in accordance of
approval of 21.11.14 by Expenditure. The pay
scale of Chief Enforcement Officer 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.
5. Despite of the
admission by Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt.
08.12.08 (Copy enclosed as Annexure-II) 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). The CPC was
unable to place this fact on record, whereas factual position was recorded
wrongly in the case of CBI Inspector as mentioned above.
6. The CBEC has also recommended many of
above demands (mentioned under para 3 above) including 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 vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 (Copy
enclosed as Annexure-III) to the
concerned authority after the issuance of the 7th CPC report. But
the matter is yet to reach the finality.
7. 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.
8. 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 officers 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 Apex 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.
9. 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.
10. 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 the 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.
11. 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.
12. The
plea
of Central Excise Superintendents for the 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. 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 State 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).
13. Grant of
the pay scale at par with the analogous counterparts of CBI to Group ‘B’
gazetted executive officers in CBEC 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.
14. 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.
15. 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.
16. In view of the above, it is requested to-
(i)
Place the Central Excise/CGST Superintendents at least under a pay scale
equivalent to Level-10 alongwith other
perks & allowances etc. w.e.f. the date of the grant of the same to
the DSP of CBI and also to grant them all reliefs as mentioned under para 3
above.
(ii)
Implement para 7.15.24 of VIth CPC report. This will at least remove
the anomaly between the pay scale of Central Excise/CGST Superintendent and
Superintendent of Posts automatically.
(iii)
Issue being related to pay commission, implement NFU (Copy of relevant
note-sheet enclosed as Annexure-IV)
and Flexible Complementary/Dynamic
Assured Career Progression Scheme as enclosed as Ref. No. 19/AIB/P/18
Dt. 17.01.18 (A-1) & Ref. No. 20/AIB/P/18 Dt.
17.01.18 (A-2).
(iv) Issue being
related to pay commission, undo the MACP irregularities as enclosed as Ref. No. 21/AIB/P/18 Dt. 17.01.18 (A-3).
Thanking
you,
Yours faithfully,
Encls: (1) Annexure-I to IV.
(2) A-1
and A-3.
(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.
A-1
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)
Office Secretary: C.
S. Sharma Treasuer: N.
R. Manda Organising Secretary: Soumen Bhattachariya
(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. 19/AIB/P/18
Dt. 17.01.18
To,
Shri S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Batch to batch Non Functional Financial
Upgradation (NFU) 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 for same benefit for us. We may kindly be granted at least
financial parity with them as the Central Excise/CGST 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 (Annexure-IV).
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. As already submitted, 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
the 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 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 barring Central Excise/CGST Superintendents.
8. Though the Central Excise/CGST
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 has 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 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-Annexure-III) 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 (Annexure-III) 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 etc. for the sake of justice.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
A-2
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)
Office Secretary: C.
S. Sharma Treasuer: N.
R. Manda Organising Secretary: Soumen Bhattachariya
(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. 20/AIB/P/18
Dt. 17.01.18
To,
Shri S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Flexible Complementary/Dynamic Assured Career
Progression Scheme for Superintendents in accordance of the observation of CBEC
under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 (Annexure-III) about the disparities in promotions that it
is an alarming anomalous situation.
Sir,
It is reiterated with due regards 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. It is
also reiterated that the Cabinet/CRC/Cabinet Secretary recommended to take
extra measures to remove stagnation of group ‘B’ Central Excise executive
officers independent of cadre restructuring. But very unfortunately, no
measures have been taken till date even after more than 4 years to remove the
stagnation of group ‘B’ executive officers in CBEC despite of the
recommendations of the Cabinet/CRC/Cabinet Secretary.
2. A scheme is, therefore, required to be
formulated enabling Central Excise Superintendents and Inspectors also attain
Level-13 and above like the common entry counterparts of CBDT, CSS, Customs
etc. on account of getting salary even less than the pension of their
counterparts. This can be done by introduction of flexible/dynamic promotion/complementing scheme. This scheme was
introduced in the Department of Science & Technology for their employees to
remove their stagnation. Such type of scheme was also adopted by the Ministry
of Health to remove the stagnation of employees.
3.
Central Excise/CGST 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 (Level-13) after getting 5 promotions whereas
the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post
of Asstt. Commissioner (Level-10).
4. Thus, the
problem of acute stagnation existing in the cadre of Central Excise
Superintendent and Inspector can be solved, if a flexible complementary
promotional scheme (FCS) or dynamic assured career progression (DACP) scheme is
introduced for them. The DOPT vide Notification No. 2/41/97-Plc Dt. 09.11.98
made the regulation of in-situ promotions under Flexible Promotional Scheme for
Department of Science and Technology. It has been further reviewed by the DOPT and modified
Flexible Complementing Scheme guidelines were issued vide OM No.
AB/4017/37/2008-Esst(R) Dt. 10.09.10. It is also worth to submit that FCS and
MACPS both are also applicable simultaneously in the case of these officers.
5.
In view of the above particularly keeping in
view the extraordinarily acute stagnation of Central Excise executive officers,
it is requested that the Central Excise Superintendents may kindly be granted (if 5 functional promotions are not
possible)-
(a)
At least 5 in-situ promotions in uniform promotional hierarchy of
functional promotions across all Ministries/departments of Govt. of India under
flexible/dynamic promotion/complementing scheme (FCS or (DACP) or
(b)
In-situ promotions/non-functional upgradation on completion of residency
periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt.
24.03.09 w.e.f. the joining as Inspector.
It is
also worth to submit that none of the above measures would require any
functional post to be created as in-situ promotion requires merely to place in higher pay scale/s with
higher designation. It is also worth to mention that a scheme granting
in-situ promotion to the post of Asstt. Commissioner after completion of 20
years and to the post of Deputy Commissioner after completion of 25 years of
service respectively after joining as Inspector was approved by the Board but
still awaited to be implemented.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
A-3
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)
Office Secretary: C.
S. Sharma Treasuer: N.
R. Manda Organising Secretary: Soumen Bhattachariya
(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. 21/AIB/P/18
Dt.
17.01.18
To,
Shri S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Undoing of MACP irregularities.
Sir,
It
is submitted with due regards that the MACP Scheme envisages placement merely
in the immediate next Grade Pay in the hierarchy of the recommended revised Pay
Bands and Grade Pay. Not only it, one MACP upgradation has been 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/-
has also been bifurcated into two, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in
PB3 without the difference of a single rupee under para 8.1. Thus the ACP
scheme has been de-modified instead of being modified as anything is to be
modified to be beneficial instead of harmful. As a result, our officers are now
getting the grade pay of Rs. 5400/- in PB3 after 30 years of service under
MACPS which they were able to get after 24 years of service under ACPS. Thus, the MACPS is totally unable to
fulfill the basic purpose of grant of the financial upgradations to counter
stagnation due to the lack of promotional avenues at least in the case of
Central Excise Superintendents/Inspectors.
2.
As far as the grant of MACP upgradation in promotional hierarchy is concerned, the Hon’ble
Supreme Court of India in SLP
No. 7467/2013 filed by the Government against the judgement of the Hon’ble
High Court of Chandigarh in CWP No. 19387/2011 has already confirmed
the order dated 31.05.11 of Chandigarh CAT for grant of MACP upgradation
in the promotional hierarchy. The Grade
Pay of Rs. 5400/ in PB2 being a new pay slab and not being existed in the
promotional hierarchy, the para 8.1 of the MACP instructions is automatically
amounts to be scrapped since its initiation based on the said verdict of the
Apex court.
3. Para 8.1 has also
been duly discussed in the case of U.O.I. & Others versus Sri S.
Balakrishnan & Ors. (WP 11535/2014 decided by the Hon’ble High
Court of Madras on 16.10.14). The Hon’ble High Court decided that the Grade Pay of Rs. 5400/-
in PB-3 is not a higher Grade Pay than the Grade Pay of Rs.5400/- in PB-2
and the immediate next higher Grade Pay to the Grade Pay of Rs.5400/- is
Rs.6600/-. The Hon’ble High Court also held that this para has been misinterpreted
and the grant of Grade Pay of Rs.5400/- in PB-2 on non-functional basis cannot
be counted as Financial Up-gradation for the purpose of the MACP upgradation.
The SLP No.15396/2015 filed by the
UOI in the Hon’ble Supreme Court against the judgement dated 16.10.14 of the
Hon’ble Madras High Court was dismissed by the Apex Court on 31.08.15. Thus,
the judgement dated 16.10.14 of the Hon’ble Madras High Court has attained
finality and our officers are entitled
to the Grade Pay of Rs.6600/- on MACP upgradation after time scale of Rs.
5400/-.
In CSS too, the officers are being granted MACP upgradation in a Grade Pay of
Rs. 6600/- after getting time scale of Rs. 5400/-.
4. As far as the
offsetting of the MACP upgradation with time scale is concerned, the time scale
can noway be linked with the MACP upgradation. The processes of the grant of
time scale and MACP upgradation have different mechanisms. Holding
of DPC is necessary for the grant MACP upgradation but it is not required for the grant of time scale. It was also
nowhere mentioned either in the Notification of the Govt. Dt. 29.08.08 or MACPS
notification Dt. 19.05.09 that the benefit of MACP upgradation would be
offset by the time scale. The offset of time scale with MACP
upgradation was also not recommended by the pay commission.
The
offset of the MACP upgradation with time scale is also liable to be scrapped
since its initiation as per the verdict given by the Hon’ble Supreme Court in
the case of Delhi Nurses Union (Regd.) Vs. U.O.I. dismissing the Appeal of Union of India on 04.03.13
in SLP(C) No. 010607/2013 filed against W. P. (C) 5146/2012. It is also reiterated that the time scale was
introduced on 01.01.06 whereas the MACPS was introduced on 01.09.08. Thus, time
scale can noway be treated at par with MACP upgradation.
5. The source
of the MACPS being one and the same, i.e., common recommendations of the 6th CPC,
the State governments like Uttar Pradesh etc. have not offset the MACP
upgradation with the time scale. There also exist no same Grade Pays under any
Band Pay like para 8.1 of MACPS. 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
actually 4 financial upgradations (3 financial upgradations+1 time scale) as a
combined effect of time scale and MACP Scheme.
6.
Promotional hierarchy is also varying from department to department which is
required to be made uniform for all for the sake of justice and undo
discrimination & disparities. Somewhere Group ‘B’ Gazetted officers are
promoted merely to a post at Level-10 (CBEC, CBDT etc.) whereas they are being
promoted to a post at Level-11 (CSS, Rajyasabha Secretariat, MEA, DANICS,
DANIPS, CSSS, CVC, AFHQ, Railway Board, Foreign Services, Administrative
services, Forest services, Police services, DANICS, DANIPS, State services
etc.) at other places. Like it, somewhere Group ‘B’ Non-Gazetted Officers are
promoted to a post at Level-10 (CBI, IB, Hindi wing of CBEC etc.) whereas they
are being promoted to a post at Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD
etc.) at other places. Somewhere Group ‘B’ Gazetted Officers are placed in
Level-7 (CPWD etc.) whereas Level-8 (CBEC, CBDT etc.) and also Level-9 (Postal
department, Audit & Accounts services etc.) at other places. Somewhere promotional hierarchy is Level-7àLevel-11àLevel-13, somewhere Level-7àLevel-8àLevel-11àLevel-12àLevel-13, somewhere Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13 and somewhere it is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13. Some Group ‘B’ Gazetted Officers have been
granted the time scale in PB2 and others in PB3. Due to varying promotional
hierarchies, some officers got a Grade Pay of Rs. 7600/- and some Rs. 6600/- on
IIIrd MACP upgradation. The worst
hit category 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.
7. The posts under the grade pays of Rs. 5400/- &
6600/- (Level-10 & 11) and also Rs. 7600/- & 8700/- (Level-12 & 13)
being functionally same, the ideal promotional hierarchy for all after entry
into Group ‘B’ seems only to be 4600 (L-7)à6600 (L-11)à8700 (L-13)à10000 (L-14). The officers should also be granted the
MACP upgradation under this ideal hierarchy of 4600à6600à8700à10000 after joining the job in a grade pay of Rs. 4600/- without
offsetting the MACP upgradation with the time scale and also without
bifurcating any grade pay. This will give justice to all without any discrimination or
disparity.
8. Recently
in the case of Union of India and Ors. Vs Balbir Singh Turn & Anr. in Civil Appeal Diary No. 3744 OF 2016, the Hon’ble
Supreme Court has ruled that the MACPS is to be implemented since 01.01.06
instead of 01.09.08. Accordingly, our officers completing 20 years on or before
01.01.06 should be granted the Grade Pay of Rs. 6600/- on IInd MACP upgradation
on 01.01.06 ignoring time scale, the Grade Pay of Rs. 5400/- being kept only
for the purpose of time scale as in CSS. If such officers are granted the Grade
Pay of Rs. 5400/- as MACP upgradation without ignoring the time scale, their
juniors will get higher grade pay (pay level) than them. Thus, our officers
after joining as Inspector should be granted Level-8 or equivalent on Ist MACP
upgradation, then time scale in Level-10 or equivalent, further Level-11 or
equivalent on IInd MACP upgradation and Level-12 or equivalent on IIIrd MACP
upgradation under the present scenario.
9. As per
the verdict given in SLP(C) No. CC 7278/11 by the Hon’ble Apex Court in Ashok Kumar
case, the pay of the senior officer is also to be step-up if his/her junior is
getting more pay on account of ACP/MACP upgradation.
10. In view
of the above, it is requested to give justice to all-
i) To grant
MACP upgradations under the uniform hierarchy of functional promotions.
ii) Not to offset the MACP upgradation with the time
scale.
iii) Not to bifurcate any grade pay.
iv) To step-up
the pay of seniors, if juniors are getting more pay under ACPS/MACPS.
v) To make
promotional hierarchy uniform for all group ‘B’ officers across all
Ministries/Departments in Govt. of India as submitted in para 6 and 7 above.
vi) To
implement MACPS w.e.f. 01.01.06 uniformly for all ignoring the time scale as
submitted in para 8 above.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
