United fight is need of time

Dear friends,
namaste.
Today, we are at the stage that we have been able to get many good things recommended for the cadre by CBEC/CBIC including the following-
          (i) Initial pay scale to Central Excise Superintendent at par with DSP of CBI (recommended by CBIC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
          (ii) Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. (recommended by CBIC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16). It was also recommended by CBEC to DOPT and Pay commission. It has again been recommended by Sh. Balesh Kumar Committee on stagnation among other recommendations.

          (iii) Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers of Central as well as State Governments (recommended by CBIC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16) and CBEC has also been directed vide the verdict given in OA No. 684/2018 by Principal Bench of Hon’ble CAT on 09.02.18 to disposed off the matter within 3 months of the receipt of the order.

          (iv) Scheme to improve the career prospects of Central Excise Superintendents to grant minimum 5 functional promotions as our officers are retiring with single promotion in the service career of 35-40 years (recommended by CBIC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 and Cabinet also approved to bring a scheme to remove the stagnation of group B Central Excise executive officers independent of cadre restructuring).

          (v) Flexible Complementary/Dynamic Assured Career Progression Scheme for Superintendents in accordance of the observations of CBIC under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 about the disparities in promotions that it is an alarming anomalous situation.

          (vi) Uniform promotional hierarchy for all Group ‘B’ officers across all departments/ministries in Govt. of India (recommended by CBIC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).

          (vii) Merger of Level 9 and 10 (recommended by CBIC vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).

There are many other issues being taken up including the following-

(I) Extension of the temporary posts of Asstt. Commissioner for smooth functioning of GST as the said posts were justified for GST functioning/requirement.

(II) Revival of in-situ promotion scheme as approved in Board meeting of 18.02.11 as an instant measure to remove at least intra-cadre/regional disparities.

(III) Unification (Central Excise/GST & Customs) and merger (different CCAs) of cadres as done in the case of Directorates to remove inter cadre as well as regional disparities.

(IV) Finalisation of RRs to place Central Excise Inspectors, Preventive Officers and Examiners of same year at par in the matter of promotion as per the verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT to bring the inspectors, POs and Examiners of same year at par in the matter of promotions.

(V) Upgradation of posts & scales like state governments under GST.

            (VI) Non-functional time scale in PB3 to Central Excise Superintendents like other counterparts instead of PB2 after 4 years of service.

(VII) Implementation of the CBIC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay.

(VIII) Retrospective implementation of pay scale of Central Excise Superintendents at par with NCB Superintendents who were the part & parcel of one & the same RRs having a common seniority list for being promoted to the common post of Asstt. Commissioner.

(IX) Implementation of para 7.15.24 of 6^th CPC report in light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure.

(X) Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS.

(XI) New Cadre Restructuring.
As far as the legal cases are concerned, the status is as follows-

           (1) Writ for the pay scale at par with the DSP of CBI for our Superintendents has been filed in the Cuttack High Court.

         (2) Writ for payment of arrears since 01.01.86 in the case of Inspectors has been filed in the Cuttack High Court. This case is also being pursued in Jabalpur High Court as filed by the then Inspectors Association.

          (3) Petition for the arrears of pay for our Superintendents at par with the Superintendent of NCB is pending in Principal Bench of CAT. 

          (4) Petition for general implementation of Chandrashekaran case regarding MACP is pending in Principal Bench of CAT. 

        (5) Petition seeking a G.P. of 7600/- in PB-3 after 30 years of service regarding MACP is pending in Principal Bench of CAT.

       (6) Petition seeking a Time Scale in PB-3 instead of PB-2 after 4 yrs of service for our Superintendents is pending in Principal Bench of CAT. 

          (7) Petition for general implementation of Subramanium case regarding grant of time scale after ACP is pending in Principal Bench of CAT. 

The following legal cases have already been finalised by the Courts-

(A) Distribution of the posts of Asstt. Commissioner between Central Excise and Customs for the purpose of regularisation in the High Court of Allahabad. We have won this case, otherwise we would have been at loss of thousands of promotional posts of Asstt. Commissioner. It has also been accepted by the Govt.

(B) Parity in promotions with intra-organisational counterparts in the Principal Bench of CAT. Govt. is yet to re-frame the RRs.

(C) Promotion of our Superintendent directly to the STS post (Deputy Commissioner) instead of JTS post (Asstt. Commissioner) in the Principal Bench of CAT. Govt. is yet to dispose off the matter.

Now, no need to say that all of our goals including above ones can only be achieved by all-united fight. But very unfortunately, Sh. Manimohan & associates are adopting every trick to divide the cadre as done by them in the past by dividing Inspectors Association. They are also playing the emotional trick saying that office bearers of Association should only be Superintendents instead of AC. In this regards, it is worth to mention here that ad-hoc AC is also as good as Superintendent and ad-hoc officers may be members of the Association belonging only to the cadre from which they have been promoted. And if Sh. Manimohan & associates were having any issue in their mind, they should have come to Gandhidham to contest the elections instead of dividing the cadre and dissociating & defecting the units. If they were at Gandhidham, may be that I would have not contested or they would have defeated me or any candidate sponsored by me. They are acting against various categories including reserved officers, promotee officers, I/C transferee officers, sportspersons instead of the furtherance of interests of cadre in common as also mandated by the Constitution of Association as well as RSA Rules. They have created categories within cadre and they like to talk in terms of regionalism. They did not forget to target the individual namely Mr Ravi malik even in the Hon'ble Supreme Court. Instead of favouring or disfavouring any category or person, the Association should always fight for the furtheranc of common interests of cadre. As far as the interest of any category or person is concerned, the same may be fought individualy instead of using the platform of Association. They have adopted negative approach, the latest example of which is that they fought against the happening of DPC despite of regular retirements of the officers without promotion which was against the interest of whole cadre as everybody wants and should be promoted.  If any final verdict was to be implemented, the promotions could be reviewed. So, friends, if we want to achieve the goals for cadre, we will have to fight all-unitedly without being prey of the emotional or regional or categorywise trick of Sh. Manimohan & associates.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.