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)
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
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
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
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)
