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. 69/AIB/P/18
Dt.
20.03.18
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 including
Ref. No. 49/AIB/P/18 Dt. 21.02.18.
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 same, 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 not only four
months time but one year has
also expired after the verdict given by the Hon’ble CAT.
4. It is further to submit that no
action has been taken till date in the matter. As per the advice of the
advocate, the Association has no alternative in the matter except filing the
contempt petition due to no progress taking place in the matter from
administration side.
5. 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. 76/AIB/P/18
Dt.
28.03.18
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 including
Ref. No. 49/AIB/P/18 Dt. 21.02.18.
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 same, 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 not only four
months time but one year has
also expired after the verdict given by the Hon’ble CAT.
4. It is further to submit that no
action has been taken till date in the matter. As per the advice of the
advocate, the Association has no alternative in the matter except filing the
contempt petition due to no progress taking place in the matter from
administration side.
5. 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. 77/AIB/P/18
Dt.
28.03.18
To,
Ms. Vanaja N. Sharna,
Chairperson, CBEC,
North Block, New Delhi.
Sub: Bringing a scheme for Central Excise/CGST executive officers benefitting the old as well as
young generations.
Madam,
Kindly refer to the
earlier requests of the Association on the subject-mentioned issue including Ref. No. 56/AIB/P/18 Dt. 26.02.18.
2. With due regards, it is to submit that your goodself was kind enough to
show the willingness to
bring a scheme for our officers
benefiting the old as well
as young generations. The following measures are suggested for the same-
(a) Time bound promotions/scales: Time scales after every 7 years.
(b) Notional promotions granting batch to batch parity with the best
placed common entry counterparts like CSS etc.
(c) Creation of supernumerary posts which will be personal to the
officer at each level of the promotion and will be abolished with the
retirement of the officer.
(d) Creation of separate service: The draft RRs for separate service
have already been submitted by the Association.
(e) Direct promotion to higher posts.
(f) In-situ promotions (requiring no creation of posts) after
completion of residency periods as prescribed by the DOPT.
(g) Batch to batch functional
upgradation at par with the
best placed common entry counterparts.
(h) Batch to batch non-functional
upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts).
(i) Re-framing of the RRs prescribing the qualifying services in
consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 and
having provision of automatic upgradation to higher grade on completion of 1½
times of residency period as also suggested by the Association in relation of
the implementation of the verdict given in the OA No. 2323.2012 by the
Principal Bench of CAT.
(j) Introduction of Flexible
Complementary Promotion Scheme (FCS) or Dynamic Assured Career Progression
Scheme (DACP) as introduced in the Department of Science and Technology and Ministry of
Health for their employees.
2. Your
goodself is once more requested to look into the matter for the
sake of justice to the Central Excise executive officers, the most of whom are
retiring with single promotion in their career after joining as Inspector. One or
more of the above/other measures may be taken to remove their acute stagnation.
It is also worth to
submit that the Cabinet has also recommended to bring some specific measures
independent of cadre restructuring to remove the stagnation of these officers but nothing has come despite of the
expiry of more than 4 years to the recommendations of the Cabinet.
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 Cabinet Secretary, President
House, 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. 78/AIB/G/18
Dt.
28.03.18
To,
Ms. Vanaja N. Sarna,
Chairperson, CBEC,
North Block, New Delhi.
Sub: DOPT OM issued vide Dy.No. 1173974/16/JS(CPC) in the
month of June, 2016.
Madam,
Kindly refer to the Ref. No. 42/AIB/G/18 Dt. 15.02.18 and other communications of the
Association on the above issue.
2. It is to submit with
due regards that no action has been taken on the above communication even after
expiry of more than one and half years despite of the repeated requests of the
Association. This OM relates to the pay matters of Central Excise
Superintendents.
3. The issues relating
to pay commission matters were submitted to the Secretary, DOPT in person by
the Association. From there, the matter was referred to the Department of
Revenue alongwith the representation and relevant documents submitted by the
Association. It was further referred to the CBEC by the Department of Revenue.
4. The issue was also
raised before your goodself on various occasions but no action has been
initiated on the said OM till date by the concerned section.
5. In view of the
above, it is requested to kindly direct the concerned section to do the needful
in the matter.
Thanking you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to (alongwith enclosure):
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); 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.
79/AIB/P/18
Dated 28.03.18
To,
Secretary, DOPT,
North Block, New
Delhi.
Sub: Undoing of MACP irregularities.
Sir,
Kindly
refer to earlier communications of the Association.
2. The Supreme Court of
India in SLP No. 7467/2013
filed by the Govt against the judgement of the High Court of Chandigarh in CWP
No. 19387/2011 has 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 is
automatically scrapped based on the said verdict of the Apex court. No need to
submit that the verdict given by the Apex Court is treated as the Law of Land.
3. In S. Balakrishnan & Ors.
(WP 11535/2014 decided by the High Court of Madras on 16.10.14)
regarding Para 8.1, the 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 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
Upgradation for the purpose of the MACP upgradation. The SLP No.15396/2015 filed by the UOI in the Supreme Court against the
above judgement was dismissed on 31.08.15. Thus, the judgement dated 16.10.14
of the 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. The offset of the
MACP upgradation with time scale is also liable to be scrapped as per the
verdict given by the 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.
5.
Promotional hierarchy is also varying from department to department which is
required to be made uniform to undo discrimination & disparities. Somewhere
Group B Gazetted officers are promoted to Level-10 (CBEC, CBDT etc.) whereas
they are being promoted to 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 Level-10 (CBI, IB, Hindi wing of CBEC etc.) whereas they are being
promoted to 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 7-Level 11-Level 13, somewhere Level 7-Level 8-Level
11-Level 12-Level 13, somewhere Level 7-Level 9-Level 10-Level 11-Level
12-Level 13 and somewhere it is Level 7-Level 8-Level 10-Level 11-Level
12-Level 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. 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 after entry into Group B seems only to be 4600 (L-7)-6600 (L-11)-8700
(L-13)-10000 (L-14). The officers should also be granted the MACP upgradation
under this ideal hierarchy of 4600-6600-8700-10000 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.
6. In
view of the above, it is requested to grant MACP upgradations under the uniform
hierarchy of functional promotions without offsetting
the MACP upgradation with the time scale and also without bifurcating any grade
pay.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General. Mob.
9868816290
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. 81/AIB/G/18
Dt.
30.03.18
To,
The
Secretary,
DOPT,
North Block,
New
Delhi.
Sub:
Accumulation of Earned Leaves.
Sir,
Kindly refer to the Ref. No. 45/AIB/L/18
Dt. 19.02.18 of the Association.
2. Inviting your kind attention to
the verdict given in CWP 13702/2014 (Date of decision-05.10.16) by the High
Court of Punjab & Haryana, it is to submit with due regards that the unused
Earned Leaves of govt. employees are being credited to the limit of 300 only
which is the limit of encashment also.
3. It is further to submit that the
unused Earned Leaves of the employees are being reduced to 300 without any
valid reason. The Court also took the matter seriously and termed this practice
to be mischievous.
4. No need to submit that there is no
limit of accumulation of Half Pay Leaves. Accordingly, Earned Leaves may also
be accumulated in actual number without any limit.
5. Further, there seems no valid
reason also in keeping the limit of 300 to the encashment of Earned Leaves. As
is clear from the name itself, these leaves are earned by the govt. employee in
lieu of the service rendered by availing minimum leaves. So, the cap of 300 for
encashment is also required to be removed for encashment.
6. In view of the above, it is
requested that-
i) The limit of 300 of accumulation
of Earned Leaves may kindly be undone as per the verdict given by the High
Court of Punjab & Haryana by crediting the actual number of leaves in the
account of the employees like Half Pay Leave.
ii) The cap of 300 for encashment of
Earned Leaves may also kindly be removed by encashing the actual number of
Earned Leaves.
iii) Not only it, the Half Pay Leaves
may also kindly be encashed.
No need to say that it would motivate
the employees to avail minimum leaves enabling them to be available for work in
the maximum possible manner.
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.
81/AIB/P/18
Dt.
30.03.18
To,
The Chairperson,
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.
Madam,
Kindly refer to the earlier
communications including Ref. No. 20/AIB/P/18 Dt. 17.01.18.
2. It is reiterated with due regards
that the most of our officers are retiring with single promotion after joining
the job as Inspector whereas our counterparts including Customs
(intra-organisational counterparts), Income Tax (intra-departmental counterparts),
CSS (inter-departmental counterparts) etc. are getting 5 to 6 promotions. 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 no measures have been taken
till date even after more than 4.5 years.
3. A scheme is,
therefore, required to enable the officers joining as Central Excise Inspector
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 (FCS/DACP). 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.
4. 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 2nd promotion.
5. Thus, the
problem of acute stagnation existing in the cadre of Central Excise
Superintendent/Inspector can be solved by introduction of a FCS/DACP scheme .
The DOPT vide Notification No. 2/41/97-Plc Dt. 09.11.98 made the regulation of
in-situ promotions under FCS for Department of Science and Technology. It has
been further reviewed by the DOPT and modified FCS 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.
6. 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 (after joining as Inspector) may kindly be granted (if 5
functional promotions are not possible) at least 5 in-situ promotions in
uniform promotional hierarchy of functional promotions across all
Ministries/departments under FCS /DACP or 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.
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. 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.
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.
82/AIB/G/18
Dt.
30.03.18
To,
Sh. Narendra Modi,
Hon'ble Prime Minister of India,
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.
With due regards, it is to submit
that Central
Excise/CGST Superintendents are retiring with single promotion on a PB2
(Level-8) 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 (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 (Level-10). The counterparts of CSS including Rajya Sabha
Secretariat and CBDT are already reaching the level of Joint Secretary and
Commissioner respectively in Level-14.
2. All group A officers recruited
with IAS 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. Particularly keeping in view the extraordinarily acute
stagnation of officers joining as Central Excise Inspector, 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. 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.
3. 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 no action
has been initiated to maintain parity in promotions amongst the Group B
officers. The group A officers have already been granted financial parity by
the grant of NFU. Like it, the
grant of the batch to batch NFU 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.
4. 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.
5. 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) 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 for the consideration of Empowered Committee but the
Committee also remained silent on it.
6. In view of the above, it is requested to consider
the matter sympathetically to grant non-functional financial up-gradation (NFU)
to Central Excise officers joining as Inspector at par with the best placed
Group B counterparts of CSS etc. for the sake of justice. It will at least
grant them financial parity.
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. 83/AIB/G/18
Dt.
30.03.18
To,
The Secretary,
DOPT, North
Block,
New Delhi.
Sub: Benchmark for MACP
upgradation.
Sir,
Kindly refer to the Ref. No. 03/AIB/B/17 Dt. 03.01.18.
2.
With due regards, it is to submit that the benchmark for MACP upgradation has
been prescribed to be “very good” for all posts w.e.f. 25.07.16 vide DOPT OM
No. 35034/3/2015-Estt(D) Dt. 28.09.16.
3.
It is further submitted that the clarification given to CBEC by the DOPT on the
issue says that the officers having post 2009 ACRs/APARs with at least “very
good” grading now would only be eligible to get MACP upgradation.
4. No need to say that new condition
would make it difficult for employees to avail MACP upgradation because the change of
benchmark from ‘Good’ to ‘Very Good’ should only have
prospective effect as many employees may find it impossible to meet the
benchmark based on the said change.
5. Thus, the grant of MACP upgradation
on the basis of the reports of earlier years when the said stipulation of ‘Very
Good’ was not in existence must be calibrated on the basis of the earlier
stipulation of the benchmark being `Good’.
6. In the clarification given to the
CBEC by the DOPT, it has also been mentioned that there is no question of
allowing IInd opportunity of representation against the APAR which are
post-2009 as these are already disclosed to the employees. Regarding this, it
is to submit that the benchmark was ‘good’ at the time of said disclosure. The
benchmark has been changed to ‘very good’ vide the DOPT OM No. 35034/3/2015-Estt(D) Dt.
28.09.16 only. Accordingly, this
provision needs to be reviewed.
7. In view of the above, it is
requested to review the DOPT OM No. 35034/3/2015-Estt(D) Dt. 28.09.16 accordingly.
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. 89/AIB/G/18
Dt. 31.03.18
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 and 51/AIB/P/18 Dt.
21.02.18 of
the Association.
2.
With due regards, your kind attention is again invited to the judgment of the Madras
CAT 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. It is also worth to mention that the
regular as well as temporary post has one and the same meaning under Group A
recruitment rules.
5. In view of the above, it is requested
to kindly take necessary steps to promote all ad hoc Asstt. Commissioners (whether against temporary or
permanent post) 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. 92/AIB/D/18
Dt. 02.04.18
REMINDER
To,
S. Ramesh,
Member (Admn), CBEC,
North Block, New Delhi.
Sub: DPC for
the post of Asstt. Commissioner.
Sir,
Kindly refer to-
i)
Letter F. No. 8/B/112/HRD(HRM)/2015/Part-IV Dt. 09.03.17/18.
ii)
Letter F. No. 8/B/112/HRD(HRM)/2015/Part-V Dt. 14.03.17/18.
iii)
Various requests of the Association on the issue including Ref. No. 66/AIB/D/18
Dt. 15.03.18.
2. With due regards, it is to submit
again that it is mentioned in the above referred letters of DG, HRD that the
DPC is to be conducted for the vacancy years of 2016-17 and 2017-18 only. No
mention has been made there for the DPC for the transition year of 2018
covering the period of 01.04.18 to 31.12.18.
3.
In this regard, the following submissions are worth to be brought to your kind
attention-
(i)
The DPC is being conducted for long term vacancies of Asstt. Commissioner
existing for more than one year instead of short term vacancies existing for
less than one year.
(ii)
The promotion orders are to be issued on ad-hoc basis due to some court cases
instead of short term nature of the vacancies.
(iii)
The due procedure is being followed for DPC as required for regular promotions.
(iv)
Temporary posts of Asstt. Commissioner will lapse in the month of December,
2018. We don’t know whether we would be able to conduct another DPC till the
month of November or December, 2018.
4. In view of the above, it is
requested to include the transition year
of 2018 also for the said DPC to benefit the maximum number of our officers
for which the DPC process was also to be finalized during the period of
01.01.18 to 31.03.18.
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) DG, HRD, CBEC, New Delhi.
4) DG, HRD, CBEC, New Delhi.
(RAVI
MALIK)
