The PIL filed against DA infringement is fixed for hearing on 01.06.2020 in Delhi High Court
Saturday, 30 May 2020
Friday, 29 May 2020
Review of adequacy of Cadre Controlling Authorities
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob.
9313885411
President:
Address for communication: Secretary
General:
T. Dass Flat No. 6,
SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Vice Presidents: B L Meena, K V Sriniwas (Central) Chinmoy Ghosh, Rajashish Dutta
(East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan
(South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T
A Manojuman (Central) Apurba Roy, Siddhath Tewari (East) A K Meena, S K
Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju
(South); All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: Manoj Kumar Organising Secretary: Soumen
Bhattachariya Liaisoning Secretary: Bhoopendra Singh
(Recognised by G.O.I., Min. of Fin. vide letter F.No.
B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Office address: 206, B wing, CGO Complex II, Kamla
Nehru Nagar, Ghaziabad
Ref. No. 87/AIB/C/20
Dt. 28.05.20
To,
Sh. M. Ajit Kumar,
Chairman, CBIC,
North
Block, New Delhi.
Sub: Review of adequacy of Cadre
Controlling Authorities.
Sir,
Kindly refer to the representation
made by the Hyderabad Unit of the Association on the subject matter in r/o the
letter F.No. B/B/52/HRD/HRM-I/Policy/2019 Dt. 30.12.19 and 31.12.19 of the
CBIC.
2. It is to submit with due regards
that the Hyderabad CCA have two zones, Hyderabad Zone for Telangana State and
Vizag Zone for Andhra Pradesh State. After creation of Vizag Zone, the cadre control
work of Group B and C was being looked by the Hyderabad Zone through Hyderabad
I Commissionerate. After introduction of GST, Hyderabad GST Commissionerate has
been attending this work.
3. The situation has totally been
changed after the bifurcation of the integrated Andhra Pradesh into two states.
All the administrative and operational matters in all the departments are being
handled independently by both states under the separate jurisdictions now.
4. Due to existing a common CCA for
both the zones, there occurs a substantial delay in dealing with all
administrative matters including DPCs, seniority lists, Annual General
Transfers and various court matters. For various issues, the officers have to
travel to Hyderabad from a distance of more than 600 to 700 Km. Further, the sanctioned
strength of all the cadres particularly of Superintendent cadre have increased substantially
after the last cadre restructuring. The number of GST formations in both the states,
i.e., Andhra Pradesh and Telangana, have also increased significantly after the
introduction of GST.
5. The Principal Commissioner,
Central Tax, CCA of Hyderabad GST Commissionerate vide his letter C.No.
II/7/1/2020-Estt. Dt. 07.01.20 has also sent the proposal for bifurcation of
Hyderabad CCA. All units of the Association in both the states have also
accepted this bifurcation.
6. Even if other CCAs are not
bifurcated, the bifurcation of Hyderabad CCA may be treated as an exception due
to complete consensus on this issue among the administration and the units of
the Association and it being of peculiar nature on account of the bifurcation
of the integrated Andhra Pradesh state.
7. In view of the above, it is
requested that the Hyderabad CCA may kindly be bifurcated into two CCAs, i.e.,
Hyderabad and Vizag. It is also requested that the process of the bifurcation
may kindly be completed within this year itself preferably before the ensuing
AGT to enable the administration to process the AGT, 2020 on completion of the bifurcation
of the single CCA.
Thanking you,
Yours sincerely,
(HARPAL SINGH),
Secretary General.
Wednesday, 27 May 2020
Tuesday, 26 May 2020
Fun of RTI by Govt. departments
Unlawful revision of pay/pension and recovery made
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob.
9313885411
President:
Address for communication: Secretary
General:
T. Dass Flat No. 6,
SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Vice Presidents: B L Meena, K V Sriniwas (Central) Chinmoy Ghosh, Rajashish Dutta
(East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan
(South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T
A Manojuman (Central) Apurba Roy, Siddhath Tewari (East) A K Meena, S K
Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju
(South); All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: Manoj Kumar Organising Secretary: Soumen
Bhattachariya Liaisoning Secretary: Bhoopendra Singh
(Recognised by G.O.I., Min. of Fin. vide letter F.No.
B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Office address: 206, B wing, CGO Complex II, Kamla
Nehru Nagar, Ghaziabad
Ref. No. 85/AIB/M/20
Dt. 26.05.20
To,
Sh. M. Ajit Kumar,
Chairman,
CBIC,
North Block, New Delhi.
Sub: Unlawful revision
of pay/pension and recovery made.
Sir,
It is to submit with due regards
that the pay and pension of many of the retired officers of Amritsar Customs
under the Chandigarh Zone have been lowered in unlawful manner. This forced
many of them to approach the legal courts increasing unwarranted litigations.
2. These all officers
joined the job as Inspector prior to 01.01.82 and as a result, they all were
granted IInd ACP upgradation in the Pay Scale of Rs. 8000 -13500/- (equivalent
to Grade Pay of Rs. 5400/- in PB3) prior to 01.01.06. Very surprisingly, they
were unlawfully placed in the Grade Pay of Rs. 5400/- in PB2 on 01.01.06 in the
name of granting them time scale, for which they were no way due because of already
drawing the Grade Pay of Rs. 5400/- in PB3.
3. After getting IInd ACP
upgradation prior to 01.01.06, they were correctly granted IIIrd MACP
upgradation in the Grade Pay of Rs. 6600/- after the implementation of MACP
Scheme w.e.f. 01.09.08 modifying ACP Scheme. But this Grade Pay of Rs. 6600/-
has been withdrawn by the administration unlawfully placing these officers
under the Grade Pay of Rs. 5400/- in PB3 which they were already drawing prior
to 01.01.06. As a result, a substantial amount has been recovered from these
officers. This is clear violation of ACP as well as MACP Rules. No notice was
also issued to these officers about this withdrawal or recovery.
4. Para 28(c) of DOPT guidelines
dated 19.05.09 on MACPS clearly states that those who got 2nd ACP
upgradation under ACP Scheme shall be granted 3rd MACP
upgradation in Grade Pay of Rs. 6600/-. Besides Para 11 states that financial
up-gradations granted under ACPS shall not be re-opened under MACPS effective
from 01.09.08. This position has been accepted by the CBIC as well as DOPT and
there is no ambiguity.
5. Also as per Rule 64 of the CCS
Pension Rules 1972, records for fixation of pension of a retiring person cannot
be scrutinized for a period beyond 2 years from the date of retirement. But in the
above cases, the administration has initiated proceedings of revision of
pay/pension after more than 5 years of retirement. Their pay has been revised after lapse of more than 9 years, which is
contrary to CCS Pension Rules, 1972.
6. According to Para 11 of the forwarding letter of MACP Scheme,
the cases who got 2nd ACP upgradation prior to 01.01.06
need not to be reopened.
7. The Hon’ble Supreme
Court of India, in the order dated 18.12.14 passed in the case of Rafiq Masih
has held that recovery can’t be made from retired employees or employees who are
due to retire within one year. This order of the Hon’ble Supreme Court of India
has duly been accepted by the Govt. of India and DOPT has already issued an OM in
this regard. Hence, the orders of refixation of pay/pension and
recovery are arbitrary and against any rule of law or principal of natural
justice.
8. In view of the above, it is a clear case of gross harassment to the
senior citizens due to the reasons known only to the concerned authorities.
These authorities didn’t like to apply their mind et al before issuing such
unlawful orders for refixation of pay/pension and recovery. For your kind reference,
the copies of the orders made in r/o Sh. Jagdish Singh are enclosed herewith.
9. It is, therefore, requested kindly not only to give justice to all of
such officers as mentioned above by reinstating the position in r/o their pay
& pension but also take due action in the matter why the concerned
authority didn’t apply the mind, why the senior citizens were harassed and why
the unlawful & arbitrary orders for refixation of pay/pension were issued
and recovery made.
Thanking you,
Yours
sincerely,
Encls: As above (2)
(HARPAL
SINGH),
Secretary
General.
Copy with the request for necessary action to:
1) The Finance Secretary, North Block, New Delhi.
2) The Secretary, DOPT, North Block, New Delhi.
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