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. SharmaT 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. 265/AIB/MACP/18
Dt. 09.10.18
To,
Sh.
S. Ramesh,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Verdict given in OA No. 828/2013
by the Principal Bench of Hon’ble CAT.
Sir,
Kindly refer to the verdict given in OA No. 828/2013 by the
Principal Bench of Hon’ble Central Administrative Tribunal.
2. It is to submit with due regards that the non-functional time scale/NFU has
been granted in PB3 as part of the pay scale to other counterparts of Central
Excise/CGST Superintendents including CSS, CSSS, Railways, DANICS, DANIPS, MEA,
MPA etc. while it is merely in PB2 for Central Excise/CGST Superintendents. It was granted to
CSS officers since 1996 in PB3/equivalent scale even without the
recommendations of any pay commission whereas since 2006 in PB2 to Central
Excise Superintendents in a very discriminatory manner despite of
there being historic parity in their initial pay scales since very beginning.
3. The Superintendents of Central Excise
were placed under the pay scale of Rs.7500-12000 w.e.f. 21.04.04 while the
officers of CSS (Central Secretariat Service) & CSSS (Central Secretariat
Stenographer Service) were placed under the equivalent scale later than the
Central Excise Superintendents w.e.f. 01.01.06 to bring these categories at
par. No need to say that it justifies even stronger claim for the
Superintendents to be placed under a time scale/NFU in PB3 even in higher scale
w.e.f. the date since when the officers of CSS & CSSS were placed under the
Group ‘A’ time scale of Rs. 8000-13500/- or even earlier. The claim of the
Superintendents becomes even stronger on account of the judicial responsibilities
granted to them to adjudicate the relevant cases and recording statements like
a Magistrate having validity even before the Supreme Court. Not only it, the
Adjudication Orders are also being prepared by them for the Commissioner level
officers. No such responsibilities have been conferred upon any Group ‘B’ gazetted
officer of the Govt. of India including CSS.
4. The above anomalous situation relating
to the time scale in different pay bands gives rise to the disparity and
discrimination. The executive field officers of equal rank and status of the
Department of Revenue working in CBIC have not been treated at par with the
officers of equal status and rank belonging to the Central Secretariat Service
working in headquarters offices despite of 6th CPC recommendations
for the equal treatment to Hqrs and field officers vide chapter 3.1 of its
report. The same recommendations have also been made by the VIIth CPC.
5. Due to the above disparity &
discrimination, the officers joining as the Inspector of Central Excise/CGST
get the first MACP upgradation in the grade pay of Rs. 4800/- (in PB-2). They
get the 2nd upgradation or time scale in the grade pay of Rs. 5400/-
in PB-2. After completion of 30 years of service, they get the 3rd MACP
upgradation merely in the same grade pay of Rs. 5400/- in PB-3 without any
financial enhancement while they were able to get the same only after the
completion of 24 years of service under the original scheme of ACP. On the
contrary, their common entry counterparts of CSS and other organisations
including CPWD are able to get the higher grade pay of Rs. 6600/- or 7600/-
under MACPS after completion of 30 years of service.
6. Due to the above disparity &
discrimination, our Group ‘B’ gazetted officers getting time scale in PB-2 are
also not eligible to get other benefits meant for the officers with grade pay
of Rs. 5400/- & above including the performance based higher rate of annual
increment as recommended by the VIth CPC.
7. The Central Excise
Superintendents/Inspectors remain in the same grade pay of Rs. 5400/- itself on
the grant of 2nd MACP upgradation/time scale and 3rd MACP
upgradation. If the said discrimination
and disparity are removed by placing
them at par with the CSS and other counterparts in the matter of time scale,
they will also be able to get a grade pay of Rs. 6600/- or above to undo the
discrimination in comparison to other counterparts.
8. If the above
disparity/discrimination is undone, the anomalous & discriminating
situation may be rectified as the counterparts of CPWD, MEA, MPA, Railway
Board, AFHQ, CSS & CSSS etc. have already got a grade pay of Rs. 7600/-
after completion of 30 years of service {clarification point No. 3 in OM No.
35034/3/2008-Estt. (D) Dt. 09.09.10 of DOPT}. It is also mention-worthy that
there was no provision of time scale in PB-2 prior to the 6th CPC.
It was only in a scale equivalent to Rs. 5400/- in PB3, i.e., in a Group ‘A’
pay scale.
9. The counterparts of the
Central Excise Superintendents/CGST in State GST already being placed in a pay
scale of Level-10 under the present scenario of GST and a pay scale of Level-10
at par with the DSP of CBI already being recommended by the CBIC for our Superintendents
through OM issued vide F.No. A-26017/154/2015-Ad.IIA Dt. 22.02.16 and also the
Subramanium issue being finalized at the level of the Apex Court, the Central
Excise Superintendents/Inspectors are required to be granted even higher time
scale/NFU after the completion of 4 years of service in Level-10 (or equivalent
pay scale) at least w.e.f. the date since when their counterparts of CSS were
granted the time scale.
10. It is also worth to mention
that the pay scale of the Assistants of the CSS was enhanced to Rs. 1640-2900/-
at par with the Central Excise Inspector from Rs. 1400-2600/- since 01.01.86
after IVth CPC giving due consideration to the historic parity of both
categories in the pay scales. Now, it will be gross injustice to the Central
Excise Superintendents/Inspectors, if they are not granted the time scale at
least at par with the counterparts of the CSS since the same date to maintain
the historic parity between their pay scales.
11. In view of the above, it is
requested that the Superintendents/Inspectors of Central Excise may also kindly
be granted the non-functional time scale in PB3 after completion of 4 years of
service in the scale of Superintendent at least from the date of the grant of the
time scale to the counterparts of CSS.
Thanking you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Secretary, Department of Revenue, North Block, New Delhi.
2)
The Secretary, Department of Personnel & Training, North Block, New Delhi.
3)
The Secretary, Department of Expenditure, North Block, New Delhi.
