" 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.T.Dass and SG Mr. Harpal Singh.

Tuesday, 30 October 2018

Implementation of para 7.15.24 of 6th CPC report


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, M. Jegannathan (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 T reasuer: 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. 281/AIB/P/18                                                                          Dt. 30.10.18
To,
Sh. Hasmukh Adhia,
Finance Secretary,
North Block, New Delhi.
Sub: Implementation of para 7.15.24 of 6th CPC report.
Sir,
            Kindly refer to the earlier requests of the Association including Ref. No. 99/AIB/E/17 Dt. 13.09.17, 106/AIB/E/17 Dt. 20.09.17, 134/AIB/E/17 Dt. 26.10.17, 191/AIB/6thCPC/17 Dt. 28.12.17, 95/AIB/G/18 Dt. 02.04.18 etc. on the subject made to the administration and also the Sanction Order issued vide F. No. K-11022/53/2017-Ad.ED Dt. 29.10.18 of the Department of Revenue, Ministry of Finance based on UO No. 15/10/2017-E.IIIB Dt. 16.10.18 of the Department of Expenditure.
2. With due regards, it is to submit that the pay scale of the Chief Enforcement Officers, analogous counterparts of Central Excise/CGST Superintendent, under our own Department of Revenue was enhanced to Rs. 8000-13500/- without the recommendations of CPC vide Order F. No. 1612612004-Ad.I.C dt. 04.10.05. The 6th CPC under para 7.14.25 recommended to maintain parity between the post of Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. Subsequently, the post of the Chief Enforcement Officer was re-designated as Assistant Director. The duties and responsibilities of Assistant Director (re-designated) of Enforcement Directorate are at par with the duties and responsibilities of the post of Central Excise Superintendent. The Chief Enforcement Officers are also being paid 25 percent extra salary per month again without the recommendations of CPC.
3. The recommendations of the 6th Central Pay Commission vide para 7.15.24 are reproduced below:
“The posts of Assistant Enforcement Officer and Chief Enforcement Officer have traditionally been on par with the posts of Income Tax Inspectors and ITO/analogous posts in CBDT and CBEC. Subsequent to up-gradation of posts of Inspectors/ITOs/analogous posts in CBDT and CBEC, the Government also upgraded the posts in Enforcement Directorate but with a time lag. Since the parity between these posts is well established, the Commission recommends that the same should be maintained in future.”
4. The High Power Committee formed by the Hon’ble Finance Minister regarding the enhancement of the pay scale of executive officers of CBIC & CBDT also recommended under para-6 to place Central Excise Superintendent at par with the Chief Enforcement Officers of Enforcement Directorate (ED).
            5. The competent authority in the Deptt. of Expenditure, however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise Superintendents on 21.11.14 considering para 7.15.24 of the report of 6th CPC but it was communicated finally to CBIC vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7th CPC by the concerned Under Secretary without taking the consent of the competent authority.
            6. It is great injustice that the matter duly recommended by the 6th CPC and duly accepted/approved by the competent authority was again asked to be sent to 7th CPC. It was, however, neither sent to the 7th CPC nor implemented till date. Even if it was sent to the 7th CPC and was again recommended, the possibility of asking again to be sent to the next CPC/s under an unending process can’t be ruled out.
            7. It is also worth to submit that the feeder cadre of Inspector was placed at par in the matter of pay scale in CBIC and CBI on 21.04.04 but the promotional cadre of Central Excise/CGST Superintendent is still awaited to be placed at par with the DSP of CBI (promotional cadre for Inspector in CBI). However, the 7th CPC has recommended a higher pay scale (equivalent to the Central Excise/CGST Superintendent) for the Inspectors of CBI based on wrong observations saying that the CBI Inspector was working in a higher pay scale than the Central Excise Inspector prior to the formation of 7th CPC. 
            8. New higher responsibilities of judicial nature were conferred upon Central Excise Superintendents vide Circular No.  922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10. Their responsibilities were further increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC. No need to say that increased/higher responsibilities are always directly linked with the increased/higher pay scales. But very unfortunately, there is no increase in the pay scale of Central Excise/CGST Superintendents despite of the responsibilities of these officers being on regular increase whereas the pay scales of their counterparts or even lower cadres are being enhanced without any increase in the responsibilities. No need also to say that the officers conferred with the judicial responsibilities are already being highly paid but no weightage is being given to the regularly increasing judicial responsibilities of our Superintendent. Their adjudication responsibilities have again been enhanced to the tune of Rs. 20 lac vide Circular No. 31/05/2018-GST issued vide F.No. 349/75/2017-GST Dt. 09.02.18 of GST Policy Wing of CBIC.
9. Despite of the admission by Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt. 08.12.08 that the pay scale of Central Excise Superintendent was enhanced on 21.04.04 to grant them parity with DSP of CBI/DCIO of IB (analogous counterparts of Central Excise/CGST Superintendent), Central Excise Superintendent was not given the said parity and was granted merely a lower pay scale of Rs. 7500-12000/- w.e.f. 21.04.04 instead of Rs. 8000-13500/- or equivalent (pay scale of DSP of CBI/DCIO of IB). It is also worth to submit that the DSP of CBI etc. are also being paid 25% per month extra salary and also 13 months salary in the year.
10. It is also worth to mention that the counterparts of Central Excise/CGST Superintendent are already working under a pay scale equivalent to the grade pay of Rs. 5400/- in PB3 under State GST.
11. Also no need to submit that the counterparts of the Central Excise/CGST Superintendents in the Department of post have also already been placed under the pay scale of Level-9.
            12. The Asstt. Directors (counterparts of our Superintendents), earlier Chief Enforcement Officers, in the Enforcement Directorate have now been placed in a pay scale equivalent to the grade pay of Rs. 5400/- in PB3 (Level-10) enhancing from the grade pay of Rs. 5400/- in PB2 (Level-9) again without the recommendations of the CPC vide above referred Sanction Order issued vide F. No. K-11022/53/2017-Ad.ED Dt. 29.10.18.
            13. Thus, it is very well evident that the Central Excise/CGST Superintendents are regularly being discriminated in comparison to every counterpart. No need to submit that such discrimination is the reason of acute demoralization of these officers. Further, a demoralized employee can never have the feeling of job-satisfaction and it is a natural principle that the efficiency of any work is always in direct proportion to the morale boosting and job-satisfaction. Despite of this all, our Superintendents are performing their responsibilities with full commitment. Further, no need to say that their work efficiency would increase multifold if their morale is boosted with the feeling of job-satisfaction in r/o pay matters and career prospects. It is also reiterated that they are not only poorly paid but they are also facing the worst career prospects being retired in the most of the cases with single promotion in the career after joining as Inspector (whether by direct recruitment or by promotion).    
            14. In view of the above, it is requested to place Central Excise/CGST Superintendent at least under a grade pay of Rs. 5400/- in PB3 (Level-10) alongwith other perks & allowances etc. including 13 months salary in the year and 25% extra salary per month w.e.f. the date of the grant of the same to their counterparts to undo the discrimination and injustice being faced by them for decades. It is gross injustice not to place them under a pay scale at par with the counterparts of Enforcement Directorate despite of the clear recommendations of the 6th CPC to maintain the well-established parity and also despite of the approval of the same by the competent authority.
            Thanking you,
Yours sincerely,
                                                                                               
(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
The Secretary, Department of Expenditure, North Block, New Delhi.