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,
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.