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,
SomnathChakrabarty (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, SanjeevSahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
AshutoshNivsarkar (Central)
Office Secretary: C. S. SharmaTreasuer: N. R. MandaOrganising
Secretary: SoumenBhattachariya
(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. 206/AIB/C/18
Dt. 06.08.18
To,
Sh.
Balesh Kumar,
ADG,
HRM-I, CBIC,
New
Delhi.
Sub: Re-designation of the
Superintendent under time scale of Level-9 with four years of service as Senior
Superintendent.
Sir,
Kindly refer to the meeting held on
01.08.18 on the cadre restructuring alongwith the Ref. No. 202/AIB/A/18 Dt.
29.07.18 and 204/AIB/A/18 Dt. 31.07.18 of the Association.
2. During the meeting, the
Association made submissions about the pathetic situation of promotions for the
officers appointed as Inspector. On it, it was offered by the administration to
re-designate the Superintendent
under time scale of Level-9 with four years of service as Senior Superintendent.
Association submitted that it can no way be counted as functional promotion and
submitted that-
i)
The Association has already requested to abolish the Level-9 and merge it with
Level-10.
ii)
Instead, the Superintendent should be promoted to a Senior Time Scale post.
iii)
In Balkrishnan case (Writ Petition no. 11535/2014 with M.P No. 1/2014 decided on 16.10.14)
of Enforcement Directorate, the Hon’ble High Court of Madras has also decided
that the Grade Pay of Rs. 5400/- in PB2 (Level-9) and PB3 (Level-10) is one and
the same thing. So, next Grade Pay after it is Rs. 6600/- in PB3. The matter
has already got finality after the SLP No. 15396/2015
of the Govt. being dismissed by the Hon’ble Supreme Court on the issue.
3.
Your goodself was also pleased to accept that the Stagnation Committee headed
by you has also recommended the promotion of the Superintendent to Senior Time
Scale post and also the Balkrishnan case happened at the time of yourself being
the Director in Enforcement Directorate.
4.
Accordingly, the Association submitted of not being in the position of
accepting the said proposal. The administration was pleased to ask for the
non-acceptance of it in the writing.
5.
In view of the above, the proposal is not acceptable to the Association on the
grounds submitted above under para 2 as well as below among others-
i) This will be only an illusory and decorative re-designation
instead of functional promotion.
ii) If something is really to be done, it may kindly
be done in the promotional hierarchy in higher pay scale as was done for Group
‘A’ officers in the last cadre restructuring creating higher levels.
iii) Not only the Stagnation Committee headed by
your goodself has already recommended the promotion of the Superintendent to a
Senior Time Scale post but the same has also been recommended by the CBIC vide OM F. No.A-26017/154//2015-Ad.IIA Dt.
22.02.16.
iv) The CBIC has also already recommended the merger
of Level-9 and 10 vide OM F.
No.A-26017/154//2015-Ad.IIA Dt. 22.02.16.
v) The Association is also already in the legal
court for having the time scale for our Superintendents in Level-10 instead of
Level-9.
vi) The acceptance of the proposal will also have
negative impact on our MACP upgradations for which also the Association is
already in the legal court.
vii) In the State Governments, the post equivalent
to our Superintendent has already been upgraded/re-designated as Asstt.
Commissioner. During the meeting, the administration was also pleased to agree for
upgrading/re-designating our Superintendent as Asstt. Commissioner under GST. Thus,
the post of the Senior Superintendent should be created in a pay scale higher
than the State counterparts of our Superintendents, i.e., a pay scale higher
than Level-10.
ix) (a) Better idea is to have a separate service
for the officers appointed as Inspector on the lines of CSS and in proportion
of the cadre strength of CSS at least upto the level of the Commissioner (as
done upto the level of Joint Secretary for CSS) without merging with IRS. No
need to say that our Inspectors and the
Assistants of CSS are the analogous counterparts and the separate service for
CSS starts from the level of Assistant itself. Based on the precedent of our
Inspector, the pay scale of the Assistant of CSS was also enhanced at par with
our Inspector after the implementation of the IVth Central Pay Commission.
Based on the precedent of promoting all Section Officers (a Group ‘B’ gazetted
post) in 1999 to the post of Under
Secretary (a Senior Time Scale post) on completion of 1½ times of qualifying
service meant for next promotion and taking into consideration the acute
stagnation being faced by our Inspectors/Superintendents, there may kindly be
incorporated an cadre specific clause in the separate service to promote the
officer to the next grade on completion of 1½ service of the qualifying service
(as prescribed by the DOPT for various grades) meant for the same.
(b)
Or have an organization specific scheme based on the lines of Flexible
Promotion Complementary Scheme (FCS) or Dynamic Assured Career Progression
Scheme (DACP) or Rajya Sabha Model granting at least five functional
promotions/in-situ promotions to our officers appointed as Inspector.
(c)
Or in-situ promotions or Upgrtadations (functional or non-functional) of the
officer after completion of the residency periods as prescribed by the DOPT.
(d)
Or in-situ promotions or Upgrtadations (functional or non-functional) of the
officer after completion of 1½ times of the residency periods as prescribed by
the DOPT.
(e)
Or grant of time scale after every 7 years to the officers after joining the job as
Inspector. It was also recommended by CBIC vide
F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for our
officers.
3.
No need to submit that our Inspector becomes eligible to be upgraded to the
grade of Superintendent, Asstt. Commissioner, Deputy Commissioner, Joint
Commissioner, Addl. Commissioner and Commissioner after the completion of 2, 4,
7, 12, 17 and 20 years respectively as per the DOPT guidelines.
4.
The Cabinet has also recommended at the time of last cadre restructuring to
bring a scheme to remove the stagnation of our officers independent of cadre
restructuring which is still awaited and may be brought based on the above
suggestions.
5.
In view of the above, it is very humbly requested to kindly do the needful.
Thanking
you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
The
DG, HRD, CBIC, 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,
SomnathChakrabarty (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, SanjeevSahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
AshutoshNivsarkar (Central)
Office Secretary: C. S. SharmaTreasuer: N. R. MandaOrganising
Secretary: SoumenBhattachariya
(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. 207/AIB/C/18
Dt. 06.08.18
To,
Sh.
Balesh Kumar,
ADG,
HRM-I, CBIC,
New
Delhi.
Sub: Merger of the cadre at Group ‘B’
executive level.
Sir,
Kindly refer to the meeting held on
01.08.18 on the cadre restructuring alongwith the Ref. No. 202/AIB/A/18 Dt.
29.07.18 and 204/AIB/A/18 Dt. 31.07.18 of the Association.
2. During the course of the meeting,
the administration was pleased to ask whether the Association was agree on the
issue of the merger of the cadre on the level of Group ‘B’ executive. No need
to say that it is a welcoming step and is very well acceptable to the
Association as also accepted by the Association during the meeting.
3.
It is further to submit with due regards that the Association also requested side
by side to bring the parity in the promotions between the executive cadres of
Central Excise/CGST and Customs. This parity in the promotions may be brought by
taking the measures like time bound
promotions, notional promotions, functional upgradations, creation of
supernumerary posts, direct promotion
to higher post/s, in-situ promotions or any other specific scheme/s.
4.
It was also submitted by the Association that the Principal Bench of the
Hon’ble CAT has already given direction in the OA No. 2323/2012 around 1½ years
ago to reframe the recruitment rules to this effect but nothing has been done
by the CBIC till date on the issue. Accordingly, the Association requested to
take necessary action as per the verdict given by the Hon’ble CAT in the OA No.
2323/2012. The administration was pleased to ask for the copy of the order
passed by the Hon’ble CAT which is enclosed herewith.
5.
The Association filed the said OA seeking amendment/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. 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.
6.
In view of the above, it is very humbly requested to kindly do the needful.
Thanking
you,
Yours sincerely,
Encl: As above.
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
The
DG, HRD, CBIC, New Delhi.
(RAVI MALIK)
