" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr. A. Venkatesh and SG Mr. Ravi Malik.

Wednesday, 21 February 2018

RRs in r/o verdict in OA No. 2323/2012, Charge of AO/DDO to Supdt, Promotion of ad hoc ACs to DC, Stagnation Committee

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. 49/AIB/P/18                                                                          Dt. 21.02.18
                                                                                                                 COURT MATTER/REMINDER
To,
(1) Sh. Hasmukh Adhia,
Revenue Secretary,
North Block, New Delhi.
(2) Sh. Ajay Mittal,
DOPT Secretary,
North Block, New Delhi.
(3) Ms. Vanaja N. Sarna,  
Chairperson, Central Board of Excise & Customs,
North Block, New Delhi.
Sub: Verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT.
Sir/Madam,
            Kindly refer to the letter Ref. No. 35/P/17 Dt. 09.03.17 and consequent communications of the Association.
            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. In this regard, it is worth to mention that the four months time has already expired and one year is nearing after the verdict given by the Hon’ble CAT.
            4. 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 on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts.
5. 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 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.
6. 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, PO & Examiner) as well as group ‘B’ gazetted (Central Excise/CGST/Superintendent, Customs Superintendent & Appraiser) level–
(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- (Level-8) after joining as Inspector (Level-7) as there is no justification to enhance this residency period above two years keeping in view the mere benefit of Rs. 200/- of grade pay being granted on promotion. 
(ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- (Level-11) after joining as Inspector (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 as Inspector.
(iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- (Level-13) after joining as Inspector.
(v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- (Level-14) after joining as Inspector.
             (vi) and so on.
7. 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. For example, the officers completing 3, 10½, 18, 25½ & 30 years of service after joining as Inspector should be placed in the grade of Level-8, 11, 12, 13 & 14 respectively. 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.
8. 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.
9. 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.

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. 50/AIB/D/18                                                                          Dt. 21.02.18
                                                                                                                   REMINDER
To,
Sh. S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Charge of Administrative Officer/DDO to Superintendents.
Sir,
            Kindly refer to the Ref. No. 06/AIB/B/17 Dt. 08.01.18 of the Association.  
            2. With due regards, it is to submit again that the work/charge of the Administrative Officer/DDO is being given to the Superintendents in the field formations which seems not to be fair, lawful & justified. No need to submit that the Recruitment Rules are different for both categories. Salary wise too, the post of Administrative Officer-cum-DDO is placed at Level-7 (earlier grade pay Rs. 4,600/-) whereas the Superintendent is placed at Level-8 (earlier grade pay Rs. 4,800/-) and thus, the allocation of the charge of Administrative Officer to Superintendent is practically a demotion. It is also worth to mention that the Superintendent is an executive post whereas the Administrative Officer is a ministerial post.
3. As per the provisions of FR 15, a government servant cannot be appointed to officiate a post carrying less pay to a post held by him/her. No need also to submit that FR 49 is to be followed for allocation of additional charge of other post to any Government Servant but it also doesn’t allow the officiating of lower post. The Government of India has clarified at point No. (vi) of letter F. No. 4/2/2014-Estt.(Pay-II) dated 16.04.2015 that the FR 49 provides for appointment to a higher post.
4. The post of the Administrative Officer-cum-DDO also doesn’t belong to the cadre of Superintendent and also not having the same line of promotion.  The term ‘Cadre’ has been defined under FR 9(4) as ‘the strength of service or a part of service sanctioned as separate unit’.  In this regard, it is reiterated that the post of Administrative Officer-cum-DDO is classified in the Ministerial Cadre whereas the post of Superintendent is classified in the Executive Cadre.
5. The duties/responsibilities of Superintendent have been defined under Central Excise/GST Law and there is no mention about the allotment of charge of Administrative Officer/DDO to a Superintendent. The most of the Superintendents are already holding multiple charges/works under GST era. Further additional charge of Administrative Officer is not only straining for them but the possibility of happening of error/lapse may also not be ruled out by it resulting in loss of govt. exchequer because of the Superintendents not being familiar with the work which is especially meant for AO/DDO.
6. In view of the above, it is requested to look into the matter personally and not to force the Superintendents to work as Administrative Officer/DDO. Meanwhile, the Superintendents already looking after the additional charge of Administrative Officer/DDO may kindly be paid presumptive pay (additional allowance) as laid down under FR 49(iii).
      Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.
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. 51/AIB/P/18                                                                          Dt. 21.02.18
                                                                                                                   REMINDER
To,
Ms. Vanaja N. Sarna,
Chairperson, CBEC,
North Block, New Delhi.
Sub: Promotion of ad hoc Assistant Commissioners to the post of Deputy Commissioner on completion of 4 years of service.
Madam,
            Kindly refer to the Ref. No. 152/AIB/A/17 Dt. 13.11.17 of the Association.
2. With due regards, your kind attention is again invited to the judgement of the Hon’ble CAT, Madras in OA No. 998/2001 and 873/2007 ordering promotion of all ad hoc Asstt. Commissioners to the post of Deputy Commissioner on completion of 4 years of service. These judgements were duly accepted by the CBEC. As a result, all ad hoc Asstt. Commissioners completing 4 years of service upto 2004 (w.e.f. 1997) were promoted to the post of Deputy Commissioner by the way of review DPC. Accordingly, all 2005 onwards ad hoc Asstt. Commissioners were also promoted to the post of Deputy Commissioner on completion of 4 years of service by holding regular DPCs.  
3. It is also to submit that 300 regular and 2118 temporary posts of Asstt. Commissioner were created in December, 2013 as a result of cadre restructuring, DPC for which was held by a delay of around one year in the month of October, 2014 despite of these posts being belonged to the year 2013-14. No need to submit that the DPC for the vacancy year of 2013-14 was to be conducted in the month of January, 2013. So, one supplementary DPC was required to be conducted immediately after the creation of these posts for the year 2013-14. Thus, all officers promoted in October, 2014 belong to the panel relating to the year 2013-14 and, technically, this panel belongs to the month of January, 2013.   
3. Thus, the ad hoc Asstt. Commissioners belonging to the panel of January, 2013 should have been promoted to the post of Deputy Commissioner in the month of January, 2017. Accordingly, all Asstt. Commissioners (whether ad hoc or regular) belonging to the month of January of the respective vacancy year are to be promoted (on completion of 4 years of service) to the post of Deputy Commissioner  in the month of January of respective year.
4. In view of the above, it is requested to kindly take necessary steps to promote all ad hoc Asstt. Commissioners to the post of Deputy Commissioner on completion of 4 years.
Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Copy with the request for necessary action to:
1) The Finance Secretary, North Block, New Delhi.
2) The Member (Admn.), CBEC, North Block, 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)
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. 52/AIB/S/18                                                                          Dt. 21.02.18
                                                                                                                   REMINDER
To,
Sh. S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: Report of the Committee on Stagnation in promotion of Central Excise Group ‘B’ officers to Group ‘A’ – seeking of comments from stake-holders - reg.
Sir,
Kindly refer to OM issued vide F. No. C-50/58/2017-Ad.II Dt. 01.08.17 on the above subject as well as Ref. No. 79/AIB/S/17 Dt. 22.08.17 of the Association.
2. With due regards, it is to submit that there seems no progress in the matter even after expiry of about seven months. It is, therefore, requested to kindly expedite the matter giving due consideration to the following points alongwith others already submitted by the Association in r/o the career prospects of our officers-
i) Pay scale of the Superintendent equivalent to at least Level-10.
ii) Counting of service rendered on temporary post of Asstt. Commissioner for further promotions.
iii) To promote our officers joining as Inspector to the post of Asstt. Commissioner or Deputy Commissioner within the specified period of 4 or 7 years respectively as prescribed by the DOPT. 
iv) Attainment of higher functional levels by the officers joining/joined the job as Central Excise/CGST Inspector to grant parity with other counterparts including CBDT, Customs, CSS etc.
v) Bringing a scheme regarding career prospects of the officers of Central Excise joining as Inspector to equally benefit the existing officers as well as the new entrants as assured by the worthy Chairperson during the very first meeting with the Association.
vi) Bringing a scheme to remove the stagnation of Central Excise executive officers independent of cadre restructuring as recommended by the Cabinet but nothing has been done even after expiry of more than 4 years.
vii) Implementation of verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT 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.
viii) Bringing a department-specific promotion scheme on the lines of Flexible Complementary promotion scheme (FCS) like the department of Science & Technology or Dynamic Assured Career Progression (DACP) like the department of Health for our officers at least to grant in-situ promotions to bring at par with other counterparts like CSS, CBDT etc. by giving minimum 5 upgradations in the uniform hierarchy (across all departments and ministries) of functional promotions.
ix) Upgradation of posts and scales under GST like state governments.
x) Promotion of Superintendent directly to STS post.
xi) Weightage of group ‘B’ service at the time of entry into group ‘A’.
xii) To stop the direct group ‘A’ entry.
 xiii) Non-functional Financial Upgradation (NFU) granting at least the financial parity with the best placed group ‘B’ counterparts like CSS etc.
xiv) Deputation/lateral shift to State Governments, PSUs, Central Govt. ministries/departments/organizations etc. based on the combined length of service after joining as Inspector.
xv) Implementation of in-situ promotion scheme already approved by the Board to grant in-situ promotions to our officers to the post of Asstt. Commissioner on completion of 20 years and Deputy Commissioner on completion of 24 years of service after joining at the level of Inspector.
xvi) Abolishing the existing posts of Appraiser meant for direct recruitment as the direct recruitment to this post was stopped by the Cabinet in 2002.
xvii) Merger of the sanctioned strength of Assistant Commissioner and Deputy Commissioner into one as already done in the case of Joint Commissioner and Additional Commissioner, both categories being functionally same.
xviii) Constitution of a Task Force for improving career progression of officers joining as Inspector to grant them at least 5 functional promotions as done in case of group A.
xix) Earmarking of share of promotee officers upto the level of Commissioner. 
xx) No direct recruitment for a certain period in IRS and minimum direct recruitment in IRS every year and filling-up the remaining vacancies by promotion.
xxi) Uniform promotional hierarchy across all departments/ministries of government of India.
xxii) Merger of Level-9 and 10. 
xxiii) Filling-up of all posts of Asstt. Commissioner first by Central Excise Superintendents till they are placed at par with the Customs in the matter of entry into group ‘A’.
3. In view of the above, it is requested that some serious steps may kindly be taken considering all of the above points as well as all earlier submissions made by the Association regarding the career prospects of our officers joining the job as Inspector, whether direct or by promotion.
Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Finance Secretary, North Block, New Delhi.
2) The Chairperson, CBEC, North Block, New Delhi.
3) The DG, HRD, CBEC, New Delhi.
4) The ADG, HRM-I, CBEC, New Delhi.



(RAVI MALIK)