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. 202/AIB/A/18
Dt. 29.07.18
To,
Sh.
B. Bhattacharya,
DG,
HRD, CBIC,
New
Delhi.
Sub: Proposal for Cadre restructuring
in 2018-reg.
Sir,
Kindly refer to the letter
F.No.8/B/1/HRD(HRM)/CR/2018 Dt. 23.07.18 on the above subject seen on social
media asking inputs upto today itself (official copy yet to be received). As
asked vide the referred letter, the regional units of the Association are also
to be consulted to submit the suggestions/inputs but no need to submit that it
is not practically possible to consult the regional units on such a short
notice asking for immediate suggestions/inputs. So, the initial
suggestions/inputs based on earlier interactions on career related issues with
the units are submitted herewith for due consideration in r/o the ensuing cadre
restructuring under the forthcoming paragraphs. The Association, however, may
also kindly be allowed to submit more suggestions/inputs after consulting the
units in the due course.
2. It is to submit with due regards
that the most of the Central Excise/CGST Superintendents entering the job as
Inspector are retiring only with single
promotion in the service career
and forced to work under their
extreme juniors of Customs
belonging to the same cadre recruited through the same examination in
the same organisation of CBIC under the same department of Revenue of the same
Ministry of Finance. The Association has no grudge against them or any other
counterpart or category of officers and we wish every one of them to get even
more promotions but the injustice being done to our Superintendents (joining as
Inspector) for decades should also be undone. The single cadre of Inspector in
the CBIC has been trifurcated into 3 sub-categories in absolutely unjustifiable
manner, i.e., Inspector (Central Excise/CGST & Land Customs), Preventive
Officer (Inspector Customs) & Examiner (Inspector Customs) to be promoted
as Superintendent (Central Excise/CGST & Land Customs), Superintendent
(Customs) & Appraiser (Customs) respectively merging at group ‘A’ entry
level. This places the officers entering the job as Inspector (Central
Excise/CGST & Land Customs) decades behind the Examiners (also admitted by
the CBIC in its Board meetings of 12.01.11 and 18.02.11) due to the
discriminatory rate of promotion and faulty recruitment rules. The last cadre restructuring was also proved of no
good to remove the acute stagnation of the totally demoralized officers
of ours (Central Excise Superintendents and Inspectors) on account of which the
Cabinet also approved to bring some
scheme to remove the stagnation of our officers independent of cadre
restructuring but very unfortunately, the said scheme is still awaited even
after expiry of around 5 years of its approval by the Cabinet.
3. The CBIC
as on date has thousands of Group ‘B’ officers already putting more than 25
years of service and got only one promotion. ACPS/MACPS is also unable to undo
the gross injustice done to our officers. Even the temporary posts of the
Asstt. Commissioner created in the last cadre restructuring did no good to our
officers on account of being created with the clause of “no further promotion” and also not being included in the
recruitment rules. Our officers didn’t get the benefit of even a single paisa
on being promoted against these posts at the fag end on account of already
working in the same pay scale. Many of them rather forced to get less
emoluments on account of being transferred to the cities with less HRA. Due to
this reason, a good number of our officers preferred to forgo the promotion
against these posts and many are forced
to plan to be voluntarily retired.
Thus, the last cadre
restructuring was insufficient to remove the acute stagnation of the
totally demoralized officers of ours as also admitted in advance by the CBIC in
the Board meeting of 12.01.11.
4. Our common entry counterparts in
CSS, CBDT, Customs, Rajya Sabha Secretariat etc. are already attaining higher
levels upto Level-14 (5 to 6 promotions-Annexure I) whereas the most of our
officers retire at the post of Level-8 only with single promotion after being
appointed as Inspector, whether direct entry or by promotion. Even the pension
of other common entry counterparts is more than our salary. This gross injustice has totally demoralised
the Central Excise/CGST Superintendents leaving nothing to be motivated. This
injustice is needed to be undone at the earliest in the interest of the revenue
during the ensuing cadre restructuring or independent of it.
5. Regarding GST, no need to say that
we require essential manpower and infrastructure particularly at Group ‘A’
entry to Addl. Commissioner level and also to strengthen the set-ups like
audit, preventive, anti-evasion, anti-smuggling, anti-narcotics, seaports,
ICDs, airports, SEZs, LCSs, 24*7 working etc. alongwith major expansion of the
existing formations to increase the indirect tax collection alongwith to stop
smuggling activities, infiltration of contrabands & lethal weapons also to
stop serious threat to the security of the Nation. The Standing Committee on
Finance in its 52nd report had also expressed its concern over the pathetic
situation of man-power shortage desiring CBIC to give interim relief to the
stagnating cadres.
6. While submitting its 52nd report
on 20.04.2012, the standing committee on finance had observed that “in CBEC
(now CBIC) the majority of Direct recruit Inspectors of Central Excise and
Preventive officers (almost 98%) get only one functional promotion during
average service span of 35 years. Main reason for such acute stagnation is the
ratio (1:15) between the strength of Assistant Commissioner (Group A) level and
Group B gazetted level of these officers. In other departments of GOI the said
ratio varies from 1:2 to 1:4. The Committee expresses their concern over the
pathetic situation of man power shortage and desires both CBDT and CBEC to
hasten formulation of a policy in this regard while giving interim relief to
stagnating cadres.” The Committee also observed that
the shortage of staff is the main reason for shortfalls in the performance of
both the Departments.
7. The Public Accounts Committee in its 79th Report on the topic "Service
tax on Banking and other Financial Services" submitted to both Lok Sabha
and Rajya Sabha on 21.03.13 at Para XVI of Part-B to Part-I has discussed in
details about the staff position in Service Tax under CBEC. At Para 18 of
Part-II, the PAC has observed, "The Committee notes that there is a lack
of perspective planning in the matter of deployment of staff on such a vital
source of revenue collection viz., Service Tax. Taking into consideration the
amount of revenue collected from Service Tax and Central Excise during the year
2011-12, the Committee is surprised to find that in contrast to the deployment
of nearly 40,000 officers for excise, only 4000 to 5000 officers have been
deployed for Service Tax stream and that too after withdrawing from the Central
Excise stream. Apparently, Service Tax wing has been working for more than 15
years with no staff of its own. The
Committee is dismayed to note the helplessness expressed both by the Finance
Secretary and Chairman, Central Board of Excise & Customs in this regard
especially when Ministry of Finance is itself one of the nodal authorities for
examining and sanctioning requisite staff to Ministries. The
Committee feels that the staff requirement be examined on priority basis by the
concerned authorities in order to ensure that the Service Tax collections,
which have increased phenomenally from Rs. 407 crore in 1994-95 to Rs. 97,389
crore in 2011-12 does not suffer for want of human resource.” Thus, the report justified
sufficiently high increase of the officers on functional basis against the then
existing sanctioned strength of merely 2000 in Service Tax. The observations of
the Committee are now equally applicable to GST and thus, the CBIC has to do a
lot to improve its Human Resource Policy.
8. The IRS officers of CBIC get parity with the common entry counterparts of
CBDT in every cadre restructuring including the last one and also with other
better placed common entry group ‘A’ counterparts alongwith the creation
of posts in the higher pay scales even without having eligible officers in
Group ‘A’ for further promotions and later on seeking relaxation for their
promotion. They have also been granted
financial parity with the best placed counterparts of IAS in the form of NFU.
This is really a very good and welcoming thing but such good things should also
happen to our officers being appointed as Inspector and the most of them
retiring on the post of Superintendent merely after single promotion in the
career. Unfortunately, no parity (not even financial) with common entry
counterparts like CBDT, CSS etc. has ever been considered for Central Excise/CGST Superintendents and
Inspectors. The talks of
parity for our
officers with other counterparts were, however, made during
the presentation of the last cadre restructuring proposal on 18.01.11 but
nothing has been done till date even despite
of the specific recommendations of the Cabinet to bring an independent scheme
to remove the stagnation of our officers.
9. This parity is very much required
to boost the morale of the officers by adopting the measures like time bound promotions/scales, notional
promotions, upgradation (functional or non-functional), creation of
supernumerary posts, direct promotion
to higher post/s, upgradation of posts, creation of separate service,
in-situ promotions or any other specific measure/s alongwith re-framing the
RR’s without trifurcating the
cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level prescribing the
qualifying service as per DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09
(not being followed by CBIC) which stipulates clearly the promotion
of Inspector grade to the grade of Joint Commissioner, Addl. Commissioner &
Commissioner after completion of 12, 17 & 20 years of service respectively.
During the presentation of last cadre restructuring proposal on 18.01.11, CBIC
showed its inability to implement the said OM due to the want of required
number of vacancies/posts. It is, therefore, requested that the required number
of posts may kindly be created and the said OM be implemented as per Annexure II or our officers may kindly
be granted in-situ promotions (which
requires no creation of posts) after completion of the due service even independent of cadre restructuring. A little deviation from the above mentioned DOPT
guidelines, already framed with the due diligence & application of mind by
the DOPT, may be understood but the non-implementation of the same at all is
never understandable. If the grant of the prescribed grade is not possible
within 20 years, we may be granted the same after completion of 21, 22, 23, 24,
25, 26, 27, 28, 29 or even 30 years (after
completion of 1½ times of qualifying service as prescribed by the DOPT
based on the precedent of CSS of promoting all the Section Officers to the STS
post of Under Secretary after completion of 1½ times of qualifying service in
1999). In-situ promotion scheme may even be in the form of Flexible Complementary/Dynamic Assured
Career Progression Scheme, already existing in the Department of Science &
Technology and also in the Ministry of Health to remove the stagnation of their
employees. No
need to say that they have provisions of in-situ promotions upto the level of
Joint Secretary in CSS.
10. It is also worth to mention that
the upgradation of the Superintendents, completing 20 years of service after
joining as Inspector, to the post of Asstt. Commissioner will also require no
expenditure as they are already getting the salaries of the said post and
upgradtion to the post of Deputy Commissioner after completion of 24 years of
service will also require minimal expenditure. Such upgradations will also remove the regional disparities. This upgradation may be even in the form of
in-situ promotions, if required numbers of functional posts are not available.
The officers with 29 and 32 years of service may further be upgraded to the
posts of Joint Commissioner and Addl. Commissioner respectively on functional
or in-situ basis. As an instant measure, the in-situ promotion scheme approved in Board meeting of 18.02.11 may
be implemented immediately independent of cadre restructuring.
11. In the last cadre restructuring,
no heed was paid to the DOPT communications issued vide
D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No.
20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No.
35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the
cadre restructuring should be viewed to mitigate
the stagnation of the stagnated employees. No need to say that the
Central Excise/CGST Superintendents and Inspectors are not only the most
stagnated category of the employees under the CBIC but they are also the most
stagnated category of govt. employees. The CBIC already has around 40000 group ‘B’ Central Excise
executive officers comprising Superintendents and Inspectors retiring only with
one promotion in their service career.
12. The officers joining as Inspector
even in 1984 are still waiting to enter group ‘A’ temporary post of Asstt.
Commissioner whereas the Examiners of 1984 have already become Addl.
Commissioner against regular post years ago but unfortunately, no such measures
have been taken for the officers joining as Central Excise Inspector to
mitigate their acute stagnation who are forced to work under their extreme
junior Examiners. It is also worth to submit that the Income Tax Inspectors as
well as the Assistants of CSS and Rajya Sabha Secretariat of 1984 and 1985 have
already become the Addl. Commissioner and Director. The reason behind these disparities
seems the existing ratio between group ‘A’ entry level to group ‘B’ gazetted to
be 1:20 in CBIC whereas it is 1:2 in CBDT or even more at other places. Nothing
has also been done despite of the specific
directions of the Principal
Bench of Hon’ble CAT in OA No. 2323/2012 to grant parity in promotions with the intra-organisational
counterparts to our Inspectors and Superintendents to save them from the
humiliation of working under the juniors belonging to the same cadre. If implemented, no need to say that this
would also result into the removal of the
regional disparities in promotions.
Such parity will certainly have a positive impact on the government revenues
due to the feeling of job satisfaction amongst our officers.
13. Fixing of a ratio of 13:2:1 for
entry into Group ‘A’ is also no way just & fair and is also contrary to the
Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10 mandating fixation
of no ratio in the case of small number of promotional posts as around only 2%
promotional posts are available for us which is too small (As far as the
temporary posts of Asstt. Commissioner are concerned, the same are not included
in the RRs and also no further promotion is available on being promoted against
these posts). CBIC has itself admitted in the Board meeting of 18.02.11 that
the said ratio is insufficient to address the situation of the stagnation of
our officers. Thus, the promotion to the
Group ‘A’ from Group ‘B’ should be made on the basis of the length of service
by doing away with the ratio system as was being done in the past.
14. It
is also submit-worthy that the most of the group ‘B’ gazetted officers
including CSS are being promoted to the senior time scale group ‘A’ posts
in Central as well as State governments while the Central Excise
Superintendents are allowed to be promoted (if any) merely to a junior group
‘A’ post. CBIC has done nothing in this regards even in r/o the verdict
given by the Principal Bench of Hon’ble CAT in OA No. 684/2018. Thus, this
issue requires immediate redressal.
15. The
CBIC is already short of revenue under GST due to the shortage of working hands
particularly at Group ‘A’ entry level. The Finance Secretary has also observed
that Central officers are far behind the State officers under GST. The
observations made by the Finance Secretary are required to be analysed in r/o
manpower, workload per individual and infrastructure available to our officers
in comparison to the State officers to take due corrective measures under the
cadre restructuring or even independent of it. Sh. B. B. Agarwal, the Chief
Commissioner of Hyderabad Zone, has made the interesting study on this issue
which has already been submitted by him to the CBIC. No need to say that the submissions
made by Sh. B. B. Agarwal are required to be taken seriously in the cadre
restructuring.
16. As on
date, CBIC is having around 36 lac assesses (which will be on regular increase
with the time) relating to GST work alongwith the work relating to Customs. We
are having 1000 assesses per Range as average. However, many Ranges are having
8000 to 10000 or may be even more assesses which is really a terrible and
unworkable situation putting unwarranted burden and tension on our
Superintendents who are already overburdened for the want of the due helping
hands and being always busy in preparing various reports leaving no time for
scrutiny, assessment, show cause notices, adjudication orders etc. and any
other important work. So, we need to have not more than 500 assessees per Range
alongwith helping hands, if we expect smooth Range working. Likely, there
should be not more than 2500 assesses per Division alongwith sufficient
manpower for smooth working. No need to say that we need equal number or more
manpower particularly at Group ‘A’ entry level for Headquarters offices as well
as sufficiently high manpower for Customs formations. We will require
additional manpower at each level for Anti-evasion/Preventive, Audit, anti-smuggling,
anti-narcotics, seaports, ICDs, airports, SEZs, LCSs etc. work for smooth tax administration. The Association requests that
due care may kindly be taken in the ensuing cadre restructuring for the same
alongwith Customs work to create the sufficient posts at Group ‘A’ entry level
alongwith providing sufficient manpower at Superintendent, Inspector and lower
levels. The posts may also be created at higher levels as per requirement
keeping in strict view that these should not be less than one third of the
relevant feeder level as per govt. guidelines. These guidelines may also taken
care of for creating the posts at Group ‘A’ entry level meant for the promotion
of Group ‘B’ gazetted officers. It is also worth to mention that the Range
level offices in the States having around 2000 assessees are manned by 14 to 20
officers including executive, ministerial and executive staff. Thus, our Range
should also be manned by 5 persons at least. Very interestingly, the Range
level offices in the States have also been provided 2 to 3 vehicles (four
wheelers) per office. Accordingly, our Range office should also be provided at
least with one vehicle (four wheeler).
17. The State governments have already upgraded the
posts by one rank for their officers. But no such measures have been taken for
our officers despite of the repeated requests of the Association. Even the pay
scale of the Superintendent level officers is equivalent to the Level-10 for
the State GST officers. Thus, the CTOs
(the counterparts of our Superintendents in State GST) have already been
re-designated/upgradaed as Asstt. Commissioner and also already placed in a pay
scale equivalent to Level-10. The
posts above the CTOs have further been upgraded in the States as Deputy
Commissioner, Joint Commissioner, Addl. Commissioner and so on. This has
put our officers under a very awkward, demoralizing and embarrassing position
particularly in dealing with the trade which results into weak indirect tax
administration in Centre in comparison to the States. Not only it, we are also
far behind the State officers in the matter of infrastructure. So, the upgradation of posts, enhancement of pay
scales and providing of due infrastructure are the instant works to be done
in CBIC even before going for the cadre restructuring. No need to reiterate that the same measures are required to be taken by
CBIC for our officers to avoid them facing the insulting and awkward situation
in comparison to the State officers in the interest of an equally strong tax
administration at Centre.
18.
As far as the question of the responsibilities
is concerned, the most burdened categories of officers under the CGST are our
Superintendents and Asstt. Commissioners. Under the cadre restructuring, all
grades of the officers are required to be conferred with the responsibilities
in proportion of their ranks.
19.
The Section Officers of CSS, the counterparts of our Superintendents, were
granted the time scale of Level-10
after completion of four years of service under their cadre restructuring only
in 2003 retrospectively w.e.f. 01.01.96. Unfortunately, this time scale is
available to our Superintendents merely in Level-9. During the ensuing cadre
restructuring, our Superintendents should also be granted the benefit of the time scale of Level-10 with the
retrospective effect like Section Officers without offsetting with the MCP
upgradation.
20.
Like time scale, our officers joining as Inspectors should also be granted Non-functional Financial Upgradation (also requiring no creation of posts) at par with the best
placed counterparts like CSS etc. at least to provide them the financial parity
with the said counterparts. This can be done even independent of the cadre
restructuring or as part of the cadre restructuring, being an issue which has
already been recommended at least on four occasions for our officers. As per the minutes of the meeting held on 04.03.14
issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide
No. 1272 to 1275 Dt. 26.03.14, it was said that this position can be reviewed after one year of the implementation of
the cadre restructuring. Meanwhile reference is being made to DOPT.
21.
Not only it, the report of the Stagnation
Committee headed by Sh. Balesh Kumar may also be implemented before taking
the further steps/action regarding the ensuing cadre restructuring.
22.
A separate service for the officers
joining the CBIC as Inspector may also be created on the lines of CSS during
the ensuing cadre restructuring taking into account the temporary posts of
Asstt. Commissioner (+additional posts at Group ‘A’ entry level) and sufficient
posts at each level at least upto the grade of Commissioner in proportion of
the strength of CSS. Keeping in view the above mentioned verdict of the Hon’ble CAT in OA No. 684/2018 and also considering
that the posts of the Asstt. Commissioner and Deputy Commissioner are
functionally same, our Superintendents may also be promoted directly to STS
post of Deputy Commissioner like many of their counterparts by converting the
above said posts of Asstt. Commissioner to Deputy Commissioner under the
separate service. Likewise, it may also be considered that the posts of the
Joint Commissioner and Addl. Commissioner are functionally same. In this
regard, it is also worth to submit that a good number of posts of the Joint
Secretary have been kept reserved for CSS officers in their cadre
restructuring. The creation of the separate service for our officers without
merging with IRS is also essential to avoid the dilution of the stature of IRS,
for which our Board always seems to be the most worried. The separate service
for our officers was also recommended by
CBIC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures.
The draft RR’s for separate service had already been submitted to the CBIC by
the Association. The separate service for group ‘B’ officers has also been
recommended on various occasions by the CBIC and also by the IRS Officers
Association.
23.
For the due representation and involvement of the Association, it is also
necessary to be at least one member from
the Association in the cadre restructuring committee to finalise the
things.
24. In addition to
the consideration of the above submissions/points, the following points may
also be given due consideration during or prior to cadre restructuring-
(i) Creation of Flexible Complementary/Dynamic Assured Career Progression Scheme (FCS or DACP) for our officers to grant them at least 5
in-situ promotions which is also an already recommended issue and already
existing in the Department of Science & Technology as well as Department of
Health.
(ii)
Merger of Level-9 and 10 which is also
an already recommended issue. Hon’ble Madras High Court in Writ Petition
no. 11535/2014 with M.P No.
1/2014 decided on 16.10.14 has already upheld that the Grade Pay of Rs. 5400/- in PB-2 (Level-9) & PB-3 (Level-10) is one and the same
level. The said judgment was finalized by the Hon’ble Apex Court in Special Leave to Appeal (C) 15396 OF 2015.
(iii)
Merger of group ‘B’ Executive non-gazetted as well as
gazetted categories as
cadres in the Directorates under CBIC have already been merged.
(iv) Merger of various Cadre Control Authorities
under field formations to remove
regional disparities.
(v) Fulfillment
of the commitments made during the presentation made on last cadre restructuring
proposal on 18.01.11, which
couldn’t be covered during that cadre restructuring. As per the minutes
of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014
Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said
that this issue will be taken up after implementation of cadre restructuring
but nothing has been done.
(vi)
Seniority benefit on
promotion to group ‘A’ in lieu of the service rendered in group ‘B’. As per the minutes of the meeting held on 04.03.14
issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide
No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be
taken up after implementation of cadre restructuring but nothing has been done.
(vii)
Promoting all Superintendents completing 1.5 times of
qualifying service on the lines of CSS. As per the minutes
of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014
Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be taken up after implementation of cadre restructuring
but nothing has been done.
(viii)
Regularisation of ad-hoc
promotions based on the rules existing on the date of regularisation. As
per the minutes of the meeting held on 04.03.14 issued vide letter F.
No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt.
26.03.14, it was said that this issue will be taken up after
implementation of cadre restructuring but nothing has been done.
(ix)
Conversion of temporary
posts of Asstt. Commissioner to regular/permanent keeping the same intact for
promotee officers forever and deletion of the clause in cadre restructuring
notification that the officers promoted against these posts would not be
entitled for further promotion. As per the minutes of the meeting held on 04.03.14
issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide
No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be
taken up only after one year of implementation of cadre restructuring but
nothing has been done.
(x)
Creation of reserve pool
posts, which couldn’t be created in the last cadre restructuring. As per the minutes of the meeting held on 04.03.14
issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide
No. 1272 to 1275 Dt. 26.03.14, it was said that this position can be reviewed after one year of the implementation of
the cadre restructuring but
nothing has been done.
(xi) 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. No
posts will be required to be created for the grant of time scale after every 7
years.
(xii)
Notional promotions granting batch
to batch parity to our officers with the best placed common entry counterparts
like Customs/CBDT/CSS etc. There already exist so many legal verdicts in the
favour of various employees of many other organizations on notional promotions.
(xiii)
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. There already exist so many
legal verdicts in the favour of various employees of many other organizations
on supernumerary posts too.
(xiv)
Direct promotion to higher post/s: Customs Ministerial officers were promoted as Appraiser without working even for
a single day on the feeder post of Examiner. Likewise, our officers may also
kindly be promoted directly to the higher posts at par with common entry
counterparts.
(xv)
In-situ promotions (requiring no
creation of posts) on completion of residency periods as prescribed by DOPT
under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as
Inspector.
(xvi)
Non-functional financial upgradation
on completion of residency periods as prescribed by DOPT under OM No.
AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector. No need to say that the same have been
prescribed by DOPT with due diligence and application of mind.
(xvii)
Counting of service rendered on
temporary post of Asstt. Commissioner for further promotions.
(xviii)
To promote our officers joining as
Inspector to the post of Asstt. Commissioner or Deputy Commissioner within the
specified period of 4 or 7 years respectively as prescribed by the DOPT.
(xix)
Merger of the sanctioned strength of
Assistant Commissioner and Deputy Commissioner into one as already done in
the case of Joint Commissioner and Additional Commissioner, both categories
being functionally same.
(xx) Earmarking of share of promotee
officers upto the level of Commissioner.
(xxi) Filling-up of all posts of
Asstt. Commissioner first by Central Excise Superintendents till they are
placed at par with the Customs in the matter of entry into group ‘A’.
(xxii) Removal of regional disparities in
promotions.
(xxiii)
Bringing a scheme independent of cadre
restructuring to remove the stagnation of our officers as approved by the
Cabinet at the time of approval of last cadre restructuring. It is to be
done prior to the ensuing cadre restructuring.
(xxiv) Immediate implementation of in-situ promotion scheme as
approved in Board meeting of 18.02.11.
(xxv) Immediate implementation of the verdict given by the
Principal Bench of the Hon’ble CAT in OA No. 2323/2012
prior to the ensuing cadre restructuring to grant parity in promotions to the
Central Excise/CGST Superintendents and Inspectors at par with the
intra-organisational counterparts.
(xxvi) The promotion of the Central Excise/CGST
Superintendent to a STS post (Deputy Commissioner) instead of JTS post
(Asstt. Commissioner) like other Group ‘B’ gazetted counterparts of
Central as well as State Governments.
(xxvii) Upgradation of posts,
enhancement of pay scales and providing of due infrastructure under GST like State
Governments.
(xxviii)
Conferring of the responsibilities to
different levels in the administrative hierarchy in proportion of the rank.
(xxix)
Time scale of Level-10 after four years
of service to our Superintendents with retrospective effect without offsetting
with the MACP upgradation.
(xxx)
Non-functional Financial Upgradation
(also requiring no creation of posts) to
our officers joining the job as Inspector at par with the best placed
counterparts like CSS etc.
(xxxi)
Creation of separate service upto
the level of Commissioner for our officers without merging with the IRS.
(xxxii)
Inclusion of at least one member from
the Association in the cadre restructuring committee
25. In view of the
above and the
Central Excise/CGST Superintendents being the most stagnated group ‘B’ gazetted
category of the govt. employees,
it is requested that the cadre restructuring may kindly be finalised taking due
care of the career prospects of the officers joining the job as Central
Excise/CGST Inspector and also bring an immediate device independent of cadre
restructuring for the acutely stagnated Central Excise Superintendents to retire them at Level-13 & above granting
them parity with their common
entry counterparts. This will not only enhance the promotional avenues for these
officers but will also increase the overall efficiency of indirect tax
administration in the interest of the revenue collection.
Thanking you,
Yours sincerely,
Encls:
As above (Annexure I & II).
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Member (Admn), CBIC, North Block, New Delhi.
2)
The Chairman, CBIC, North Block, New Delhi.
3)
The Finance Secretary, North Block, New Delhi.
4)
The Cabinet Secretary, President House, New Delhi.
(RAVI MALIK)
“Annexure I”
I. PROMOTIONAL AVENUES FOR
THE OFFICERS JOINING THE JOB AS INSPECTOR OF CENTRAL EXCISE/CGST
(1)
Inspector
(2)
Superintendent
(3) Asstt.
Commissioner (only 1.78% against regular posts)
(ONLY ONE PROMOTION)
II. PROMOTIONAL AVENUES FOR
THE OFFICERS JOINING THE JOB AS EXAMINER OF CUSTOMS IN THE SAME ORGANISATION OF
CBIC
(1)
Examiner
(2)
Appraiser
(3) Asstt.
Commissioner
(4) Deputy
Commissioner
(5) Joint
Commissioner
(6) Addl.
Commissioner
(5 PROMOTIONS)
III. PROMOTIONAL AVENUES FOR
THE OFFICERS JOINING THE JOB AS INSPECTOR OF INCOME TAX IN THE SAME DEPARTMENT
OF REVENUE
(1)
Inspector
(2) Income
Tax Officer
(3) Asstt.
Commissioner
(4) Deputy
Commissioner
(5) Joint
Commissioner
(6) Addl.
Commissioner
(7)
Commissioner
(6 PROMOTIONS)
IV. PROMOTIONAL AVENUES FOR
THE OFFICERS JOINING THE JOB AS ASSISTANT/ASO OF CSS
(1)
Assistant
(2) Section
Officer
(3) Under
Secretary (STS-equivalent to 2
promotions)
(4) Deputy
Secretary
(5)
Director
(6) Joint
Secretary
(6 PROMOTIONS)
V. PROMOTIONAL AVENUES FOR
THE OFFICERS JOINING THE JOB AS ASSISTANT OF RAJYA SABHA SECRETARIAT
(1)
Assistant
(2) Section
Officer
(3) Under
Secretary (STS-equivalent to 2
promotions)
(4) Deputy
Secretary
(5)
Director
(6) Joint
Secretary
(6 PROMOTIONS)
“Annexure II”
Qualifying service to be
prescribed for Central Excise/CGST executive officers as per DOPT OM No.
AB-14017/61/2008-Estt.(RR) dt. 24.03.09
(i)
2 years for promotion to a post of Level-8 (grade pay of Rs. 4,800/-) after
joining as Inspector.
(ii)
7 years for promotion to a post of Level-11 (grade pay of Rs. 6,600/-) after
joining as Inspector (There is no justification of promoting an officer from
a grade pay of Rs. 5,400/- on account of time scale after 4 years of service to
a post with same grade pay Rs. 5,400/- only. It is also submit-worthy that the
most of the group ‘B’ gazetted officers including CSS are being promoted to a
post with a grade pay of Rs. 6600/- instead of Rs. 5400/- in Central as well as
State governments.).
(iii)
12 years for promotion to a post of Level-12 (grade pay of Rs. 7,600/-) after
joining as Inspector.
(iv)
17 years for promotion to a post of Level-13 (grade pay of Rs. 8,700/-) after
joining as Inspector.
(v)
20 years for promotion to a post of Level-14 (grade pay of Rs. 10,000/-) after
joining as Inspector.
(vi) And so on.
Keeping in view the extraordinarily acute
stagnation of the Central Excise executive officers
(Superintendents/Inspectors), there should kindly be incorporated the permanent
provisions in the recruitment rules in addition to the above qualifying
services at every level to promote the officer automatically to the next higher
grade, if his/her stagnation in a grade reaches one & half times of the
qualifying service. Such provisions may be created based on the precedent when
all the Section Officers (equivalent to our Superintendent) of CSS were
promoted to the post of Under Secretary (equivalent to our Deputy Commissioner)
after completion of one & half times of qualifying service some years ago
in 1999. It is also worth to mention that a good number of posts of the Joint
Secretary have been kept reserved for CSS officers in their cadre restructuring.
(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,
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. 204/AIB/A/18 Dt.
31.07.18
To,
Sh.
B. Bhattacharya,
DG,
HRD, CBIC,
New
Delhi.
Sub: Proposal for Cadre restructuring
in 2018-reg.
Sir,
Kindly refer to the Ref. No.
202/AIB/A/18 Dt. 29.07.18 of the Association on the above subject.
2. It is requested that the
following points may also kindly be considered in regard to the ensuing cadre
restructuring-
A. Stoppage of direct recruitment in IRS at least
for 10 years: It will not only give a bit opportunity of promotions to the
acutely stagnated feeder cadres but will also help a lot to improve the stature
of IRS.
B. All posts at Group ‘A’ entry level to be filled
by promotions only.
C. Enhancement of promotion quota at Group ‘A’
entry level: As per DOPT guidelines, it has already been decided not to
make direct recruitment more than 3% of total Group ‘A’ strength at Group ‘A’
entry level. So, the promotion quota at Group ‘A’ entry level may kindly be
enhanced accordingly. It is also worth to submit that it is already 20
(direct):80 (promotee) in the Department of Post.
D. Assured Progression Scheme: An
organization specific Assured Progression Scheme may kindly be brought for the
officers joining as Inspector, direct or promotee. This progression
may be in the form of time bound promotions/in-situ promotions/financial
upgradations to the higher grades based on the modal of Rajya Sabha
Secretariat as below to remove the stagnation of these poor officers as also
recommended by Cabinet-
(i) Assured progression to Level-8
after completion of 3 years of service from Level-7. As per DOPT guidelines,
residency period is prescribed as 2 years for the same.
(ii) Assured progression to Level-10
after completion of 6 years of service from Level-7. As per DOPT guidelines,
residency period is prescribed as 4 years for the same.
(iii) Assured progression to Level-11
after completion of 10½ years of service from Level-7. As per DOPT guidelines,
residency period is prescribed as 7 years for the same.
(iv) Assured progression to Level-12
after completion of 18 years of service from Level-7. As per DOPT guidelines,
residency period is prescribed as 12 years for the same.
(v) Assured progression to Level-13
after completion of 25½ years of service from Level-7. As per DOPT guidelines,
residency period is prescribed as 17 years for the same.
(vi) Assured progression to Level-14
after completion of 30 years of service from Level-7. As per DOPT guidelines,
residency period is prescribed as 20 years for the same.
(vii) And so on.
Thanking you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Member (Admn), CBIC, North Block, New Delhi.
2)
The Chairman, CBIC, North Block, New Delhi.
3)
The Finance Secretary, North Block, New Delhi.
4) The Cabinet Secretary,
President House, 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: 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. 205/AIB/C/18
Dt. 03.08.18
To,
Sh.
Balesh Kumar,
ADG,
HRM-I, CBIC,
New
Delhi.
Sub: Enhancement of promotion quota
at Group ‘A’ entry 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 meeting, the
administration was kind enough agreeing to enhance the promotion quota to 2/3rd
from the existing ½ which is a welcoming step and is very well acceptable to
the Association. The members of the Association are duly thankful of the
administration for it.
3.
It is further to submit with due regards that the Association also invited the
kind attention of the administration during the meeting to the decision already
taken by the CBIC not to make direct recruitment in Group ‘A’ more than 3% of the
total Group ‘A’ strength as prescribed by the DOPT. Accordingly, the
Association requested to use the remaining posts for the purpose of the
promotion from Group ‘B’ as also requested by the Association on earlier
occasions. The administration was again kind enough to agree to this request of
the Association mentioning that the matter is already under process.
4.
Now, it is also worth to submit that a proposal was moved by the DGHRD in the
past on the basis of the request of the Association to enhance the promotion
quota in the ratio of 20 (direct):80 (promotee) at Group ‘A’ entry level.
5.
In view of the above, it is very humbly requested to kindly expedite the matter
mentioned under para 3 above and also take necessary action with regard to the
submissions made under the preceding para alongwith taking instant steps to
enhance the promotion quota to 2/3rd in accordance of the para 2
above.
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: 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. 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.
viii) In the past when Sh. Sinha was the
Commissioner of DOPM, there was a proposal to create the post of Senior
Superintendent in the pay scale equivalent to Level-10 but in Group ‘B’. It was
not materialized because earlier this post was a Group ‘A’ post. So, this post
must have a higher pay scale on this count too.
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)
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. 212/AIB/G/18
Dt. 08.08.18
To,
Sh.
Balesh Kumar,
ADG,
HRM-I, CBIC,
New
Delhi.
Sub: Upgradation/redesignation under
GST like State Governments.
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. It is to submit with due regards
that the State governments have already upgraded (some even before the GST and
some after GST implementation) the posts by one rank for their officers. But no
such measures have been taken for our officers. Even the pay scale of the
Superintendent level officers is equivalent to the Level-10 in the State GST.
Thus, the CTOs (the counterparts of our
Superintendents in State GST) have already been re-designated/upgradaed as
Asstt. Commissioner and also already placed in a pay scale equivalent to
Level-10 (Group ‘B’).
3. Thus, the post of CTO (equivalent to Superintendent or
even lower) has not only been placed under a pay scale with Pay Band of Rs.
15,600-39,100/- (PB3) and with Grade Pay of Rs. 5400/- equivalent to Level-10
but it has also been upgraded to the post of Asstt. Commissioner by the state governments.
Even more, Asstt. CTO has been upgraded to CTO, CTO to Asstt. Commissioner,
Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner to Joint
Commissioner, Joint Commissioner to Addl. Commissioner and so on in the state
governments. This
has put our officers under a very insulting, demoralizing and humiliating position
particularly in dealing with the trade which results into weak indirect tax
administration at Centre in comparison to the States.
4. Two different sets of hierarchies
have been created for collecting GST, one manned by erstwhile Central Excise
and Service Tax officials and the other manned by the erstwhile state VAT
officials. Pertinently, the CGST and SGST Acts are identical (except for some
state specific details) and even the provisions for cross empowerment have been
enshrined in the respective Acts. Ideally, one expects that the nomenclature of
the posts in both the hierarchies would be the same and a particular
designation would define the same ranking authorities/officers in both.
5. In the case of CGST, entire
process relating to Registration has to be carried out by the Superintendent
whereas it is carried out by Asstt./Deputy Commissioner in case of SGST. The
Asstt./Deputy Commissioner is a post senior to Superintendent in our
Department. But despite of the functional parity with Asstt./Deputy
Commissioners of SGST, our Superintendents are perceived by the public and
trade as officers junior to their counterparts in SGST. Even the SGST officials
of equal rank (Asstt. Commissioners) treat them as inferior. Thus, the scenario
is highly demoralizing and humiliating for the officers of the rank of
Superintendent who are bearing a significant load of GST implementation.
6. During the course of meeting, the administration was
kind enough to agree to the proposal submitted by the Association on the issue.
Accordingly, the Association was also asked to provide the relevant papers.
7. As asked, the copies of the orders relating Andhra
Pradesh, Rajasthan, Chhattisgarh, Andaman & Nicobar etc. states are
enclosed herewith for ready reference alongwith the copy of the relevant
document mentioning the pay scale of CTO in Chhattisgarh.
8. In view of the above, it is
requested that the same steps (if not better than the GST counterparts in state
governments) may also kindly be taken to upgrade/redesignate the posts in CBIC
from the lowest to the highest level alongwith enhancing the pay scale of our
Superintendent at par with the CTO of the states to motivate and create the
feeling of job-satisfaction among the employees of CBIC for perfect
implementation and furtherance of GST in the interest of the revenue.
Thanking
you,
Yours sincerely,
Encls: As above.
(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. 213/AIB/G/18
Dt. 09.08.18
To,
Sh.
Balesh Kumar,
ADG,
HRM-I, CBIC,
New
Delhi.
Sub: Immediate
implementation of in-situ promotion scheme as approved in Board meeting of
18.02.11-request reg.
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. Your kind attention is also
invited to the point No. 3.
under the heading of Presentation No.02 made by the ADG (HRM) on the issue of In-situ Promotion Scheme for Group ‘B’
Executive Cadres (Gazetted and Non-Gazetted) of the minutes of the Board
meeting of 18.02.11 (enclosed herewith).
3. As your goodself
knows, it is to submit with due regards that not only the most of our officers
are retiring with single promotion in the career after joining as Inspector but
there are also disparities in promotions from zone to zone. No need to say that
the temporary posts of Asstt. Commissioner with the clause of no further
promotion are unable to do the required good to our officers. On pursuance by
the Association, one in-situ promotion scheme was approved by the Board in the
meeting of 18.02.11. Basic
features of the scheme were as under:
i) In-situ promotion to the Inspector with 10 years of
regular service as Superintendent (in-situ).
ii) In-situ promotion
to the Superintendents with 20 years of combined, regular or in-situ, service
as Inspector+Superintendent (in-situ) with
three years service as Superintendent (regular or in-situ) as Assistant Commissioner (in situ).
iii) In-situ promotion as Deputy Commissioner (in-situ) to Assistant Commissioner (in-situ) after five years of service.
4. However, the Association
suggested a service of total 24 years for the post of Deputy Commissioner
without any clause of five years of service as Assistant Commissioner (in-situ).
5. During the meeting
on cadre restructuring, the Association requested the administration to
implement the above scheme independent of the cadre restructuring. The
administration was pleased to ask for the minutes of the Board meeting of
18.02.11, which are enclosed herewith.
6. In view of the above, it
is requested to kindly implement the said in-situ promotion scheme (as already
approved in the Board meeting of 18.02.11) as an instant measure independent of
cadre restructuring to give a bit solace to our acutely stagnated officers as
well as to remove the regional disparities in promotions. It is also requested
to implement the said scheme w.e.f. the date of its approval, i.e., 18.02.11.
It is further requested that some other scheme may also kindly be formulated to
enable our officers entering Level-13 and above like the counterparts of CBDT,
CSS etc.
Thanking you.
Yours faithfully,
Encl: As above.
(RAVI MALIK),
Secretary General.
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. 215/AIB/C/18
Dt. 10.08.18
To,
Sh. Balesh
Kumar,
ADG, HRM-I,
CBIC,
New Delhi.
Sub: Manpower and infra-structure requirement
under GST.
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. It is to
submit with due regards that the CBIC is already short of revenue under GST as
proportionately compared to State governments. No need to say that this is the
result of the shortage of working hands particularly at Group ‘A’ entry level
in proportion of workload. The Finance Secretary has also observed that the
Central officers are far behind the State officers under GST in giving the due
results. The observations made by the Finance Secretary are required to be
analysed in r/o manpower, workload per individual and infrastructure available
to our officers in comparison to the State officers to take due corrective
measures under the cadre restructuring or even independent of it.
3. Not only it, the issue is
also to be analysed from the angle of the job-satisfaction. No need to say that
the officers of the level of the Superintendents are very well job-satisfied in
the State GST in r/o of the pay matters, infrastructure, basic amenities and
entitled facilities including office space, office infrastructure, official
vehicles etc. etc. It is well pertinent to mention that they are not only
working in the pay scale equivalent to Level-10 (in comparison to Level-8 of
our Superintendents) but have also been re-designated/upgraded as Asstt.
Commissioner. They are also getting actual four upgradations under MACPS within
26 years of service (e.g., Uttar Pradesh Govt.) without offsetting with time
scale whereas our Superintendents are getting only two in 30 years with
offsetting with time scale. Thus, counterparts of our Superintendents in the state
governments are easily getting a pay scale of Level-13 in a short period
whereas our Superintendents are forced to retire merely at Level-10 even after
a service of 30 to 35 years. So, state officers have every reason to be
job-satisfied whereas, in contrary, our Superintendents/Inspectors have every
reason to be job-dissatisfied. No need to say that the job satisfaction is
related to results and job efficiency in direct proportion in any job.
4. Sh. B. B. Agarwal, the
Chief Commissioner of Hyderabad Zone, has made the interesting study on the
issue of manpower and infrastructure in comparison to State GST which has
already been submitted by him to the CBIC and also enclosed herewith as asked
by the administration during the meeting. No need to say that the study made by Sh. B. B. Agarwal is required
to be taken seriously in the cadre restructuring.
5. As on date, CBIC is having around 36 lac GST assesses (which will be
on regular increase with the passage of time). So, we require sufficient
manpower not only relating to GST field work for dealing with assessees but we
also require additional manpower relating to the work of the Headquarters
offices, Anti-evasion, Audit and Customs. We are having 1000 assesses per Range
Office as average. However, many Ranges are having even 8000-12000 or more
assesses as also accepted by the administration during the meeting. Such a high
number of assessees per Range Office is really terrible creating an unworkable
situation and putting unwarranted burden and mental tension on our
Superintendents who are already overburdened for the want of due helping hands
and being always busy in preparing various reports leaving no time for
scrutiny, assessment, show cause notices, adjudication orders etc. or any other
important work. The administration also accepted during the meeting that there
should be not more than 400 assessees per Range Office as per the GST modal.
Due number of helping hands are also required, if we expect smooth functioning
at Range level.
6. Likely, there should also not be more than 2000 assessees per Division
having five Range Offices alongwith sufficient manpower for smooth working.
Thus, we need at least 2000 Group ‘A’ entry level officers as on date only for
the Division offices which will be on regular increase with the passage of time
in the direct proportion of the increase
in the number
of assessees. No need to say that we need even more manpower
particularly at Group ‘A’ entry level for Headquarters offices, Anti-evasion
and Audit as well as sufficiently high manpower for Customs formations for
smooth tax administration. Accordingly, total number of Group ‘A’ entry level
officers comes out to be more than 7000 as per the rough assessment made by the
Association.
7. It is also worth to mention that the Range level offices in the state
governments having around 2000 assessees are manned by 14 to 20 officers
including executive, ministerial and executive staff. Thus, our Range Office
should also be manned by 5 persons at least.
8. Very interestingly, the Range level offices in the state governments
have also been provided with 2 to 3 vehicles (four wheelers) per office.
Accordingly, our Range Office should also be provided at least with one vehicle
(four wheeler).
9.
Now, we come to the demand of the IRS Officers Association to abolish 2118
temporary posts of Asstt. Commissioner. No need to say that these posts have
been created based on the functional requirement of the CBIC and can’t be
abolished on this count itself as also accepted by the administration during
the meeting of 01.08.18. Not only it, every post has again already been
justified from the angle of the functional requirement at the time of the GST
implementation. And as submitted above, the functional requirement will
regularly increase with the passage of time in the direct proportion of the
increase in the number of the assessees. Instead of abolition, these posts are
required to be upgraded as Deputy Commissioner meant for the promotion of our Superintendents
only and the total strength of Asstt. Commissioners as well as Deputy
commissioners (both posts being functionally same) is to be shown combinedly as
being shown for Joint Commissioner as well as Addl. Commissioner. No need to say that 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. Accordingly, all promotee Asstt.
Commissioners may also kindly be upgraded as Deputy Commissioner and their
temporary service may also be counted for further promotions.
10.
However, the motive mentioned by the IRS Association behind the abolition of
temporary posts of Asstt. Commissioner was the placement of younger batches of
IRS officers at particular seats. So, they seem worried only about the
particular postings of their member officers instead of functional requirement
of CBIC. If the placement is the criterion, it is requested that the promotee
Group ‘A’ officers should also be given equal opportunity of posting at
particular seats for due exposure in the interest of CBIC particularly keeping
in view their huge work experience.
11.
The IRS Officers Association has also suggested to designate the Superintendent
with 5/6 years of service as Senior Superintendent. We have already submitted
our views on this issue vide the letter Ref. No. 206/AIB/C/18 Dt. 06.08.18 of the Association
as asked by your goodself during the meeting. However, it is further submitted
that the post of Senior Superintendent was falling under the category of Group
‘A’ in the past with a pay scale equivalent to Level-10. Accordingly, the best
option is to designate our all Superintendents irrespective of length of service
as Asstt. Commissioner in the pay scale equivalent to Level-10 and further
promotion to Deputy Commissioner like State GST.
12. In view of
the above, the Association requests that due care may kindly be taken in the ensuing
cadre restructuring to create the sufficient posts at Group ‘A’ entry level
alongwith providing sufficient manpower at Superintendent, Inspector and lower
levels alongwith due infrastructure. The posts may also be created at higher
levels as per requirement keeping in strict view that these should not be less
than one third of the relevant feeder level as per govt. guidelines. These
guidelines may also be taken care for creating the posts at Group ‘A’ entry
level meant for the promotion of Group ‘B’ officers, i.e., the posts at Group
‘A’ entry level should not be created less than 1/3rd strength of
the strength of Group ‘B’ officers.
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)
