" 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.

Monday, 2 April 2018

Correspondence


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. 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
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. 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
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. 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
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. 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
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. 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
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. 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
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. 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
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. 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
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. 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
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. 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
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. 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)