Transfer of promotee ACs

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as 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:

M. Loganathan                          Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob.8758262698     mail Id:aiacegeo2019@gmail.com       Site:cengoindia.blogspot.in    Mob.9717510598

Vice Presidents: B C Khatik, V Pagare  (Central) Diwakar Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East) Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V Raghunandan (South); All India Convener: A K Meena All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison Secretary: N S Maheshwari North Zone Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal Vigilance Coordinator: R K Singh South Zone Coordinator: U Sharma

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 107/AIB/T/23                                                                                 Dt. 31.07.23

To,

The Chairman,

CBIC, North Block,

New Delhi.

Sub: Transfer/placement of promotee Asstt. Commissioners-reg.

Sir,

It is submitted with due regards, that our officers are promoted to the post of Asstt. Commissioner at the fag end without the benefit even of single rupee on promotion because of already getting the salary more than the post of Asstt. Commissioner on account of longer services. At this fag end in their fifties, they are prone to various diseases particularly relating to old age.

2. Not only it, everyone likes to settle the family at a permanent place during fifties particularly having the worst chances for further promotions. If one has chances of at least 5-6 promotions in the career, he/she will always be happy to welcome the promotions and be transferred to any place. If our officers also get promotion in younger age, they would have welcomed it very happily under the hope of further 3-4 promotions giving some financial benefits to them. But under the present circumstances of having promotion at fag end with no financial benefit and no further promotion, they don’t feel real happiness on promotion.

3. Being prone to various old age diseases, these officers are already having regular treatment at the existing station. All of them are also busy to fulfill their family obligations  like  settlement  of the career issues of young wards, settlement  of  marriage  of  their  wards particularly daughters, care of old & ailing super senior citizen parents being under medical supervision and treatment at the existing station, settlement of permanent residence etc. If they are transferred at this stage, neither they shall be able to fulfill their family obligations nor be able to transfer whole family to new place or have double settlements, one at the old place and another at the new place, due to financial constraints. This is the reason that hundreds of our officers are forced to forgo the promotion under their prevailing circumstances after every promotion order. Not only it, our Asstt. Commissioners are also forced to tender VRS regularly on account of these facts even after promotion.

4. So, at least the officers having balance service of 5 years or less on promotion to Group A from Group B may kindly not be transferred out of the station where they are working at the time of promotion except willing ones. However, the officers may kindly not be transferred to other zones, if vacancies exist in their own zones as was also followed in r/o October, 2014 and February, 2017 DPCs. If vacancies don’t exist, the youngest officers may be transferred to nearby zone and called back to the parent zone as soon as vacancies occur. This issue was also discussed with the concerned authorities earlier and was agreed principally but couldn’t be incorporated in the transfer guidelines.

 5. Likewise, the officers transferred to other zones may kindly be returned back to their own zones/stations except the non-willing ones.

6. Non-transfer of the officers will also help to follow austerity measures and the Govt. will be able to save huge expenditure to be made as “transfer grants” to the officers to be transferred.

7. The cutoff date taken for transfer has been mentioned as 31^st March in the guidelines. The cutoff date may kindly be treated on “AGT year to AGT year” basis instead of 31^st March as the transfer orders are never issued on a fixed date.

8. The period of more than 9 months has been mentioned to be treated as a complete year in the guidelines. In consonance of it, the officers having less than 5 years and 3 months service left may kindly be posted to their choice of region/zone.

9. If the transfer is inevitable, only the station may be changed within the own zone of the officers to be transferred instead of changing the zone.

10. As per the existing guidelines, all the officers would be placed at the disposal of the Committee of Chief Commissioners for the posting in respective zone. Further, the postings in Customs will be given on the basis of the tenure spent in GST. As a result, the promotee Asstt. Commissioners, who are first posted to GST, wouldn’t be able to make into Customs on account of being promoted at fag end of the career. Under such circumstances, the promotee Asstt. Commissioners of GST stream will never be able to get Customs posting for the want of required tenure on account of their residual service being short. For this, promotee Asstt. Commissioners of GST stream may kindly be given preference for Customs postings for the due exposure or a ratio of 13 out of 16 may be fixed for them for posting to Customs for due exposure. It is worth to submit in this regard that the promotee Asstt. Commissioners were directly posted to Customs Zones in 2014.

            11. In view of the above, it is requested to kindly-

            (i) Not transfer the officers to other zones having left 5 years or less service except willing ones. The service of 5 years and 3 months may also be treated as 5 years considering the submissions made in para 8 above.

            (ii) Return back all officers, who have already been transferred to outstations, to their parent zone/station except non-willing ones.

            (iii) Post the Asstt. Commissioners of GST stream directly to Customs for due exposure.

            (iv)  Not to transfer the officers to other zones, if vacancies exist in their own zones.

            (v)  Treat cutoff date on “AGT year to AGT year” basis instead of 31^st March.

            (vi) Change only the station instead of zone, if the transfer is inevitable.

            Thanking you,

Yours sincerely,

                                                                                                                                                

(HARPAL SINGH)

Secretary General.

Copy with the request for necessary action to:

(1) The Hon’ble Finance Minister, North Block, New Delhi.

(2) The Hon’ble Minister of State (Revenue), Ministry of Finance, North Block, New Delhi.

(3) The Revenue Secretary, North Block, New Delhi.

Hyderabad Unit of AIACTGEO

 

Special Anomaly Committee

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as 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:

M. Loganathan                          Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob.8758262698     mail Id:aiacegeo2019@gmail.com       Site:cengoindia.blogspot.in    Mob.9717510598

Vice Presidents: B C Khatik, V Pagare  (Central) Diwakar Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East) Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V Raghunandan (South); All India Convener: A K Meena All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison Secretary: N S Maheshwari North Zone Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal Vigilance Coordinator: R K Singh South Zone Coordinator: U Sharma

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 104/AIB/A/23                                                                                Dt. 28.07.23

To,

The Chairman,

Special Anomaly Committee formed as per the directions given by the Hon’ble High Court of Kolkata in WPCT No. 21 of 2015 in Union of India & Ors vs Ashish Chakraborty & Ors case.

Through

The Secretary,

Department of Revenue,

North Block, New Delhi.

Sub: Request to implement the O.M. F.No.6/37/98-IC dated 21.04.04 of the Department of Expenditure (Implementation Cell) w.e.f. 01.01.96.

Sir/Madam,

            It is submitted with due regards that the Association represents the Superintendents (analogous post to Income Tax Officer in Central Board of Direct Tax) and promotee Group A Executive Officers including Assistant Commissioners (analogous to Assistant Commissioner of Income Tax in Central Board of Direct Tax) of Central Excise (now Central GST) and Customs working under the Central Board of Indirect Tax and Customs (CBIC), earlier known as Central Board of Excise and Customs (CBEC). The promotional hierarchy in both the Boards, i.e., CBIC and Central Board of Direct Tax (CBDT), functioning under the Department of Revenue is the same staring from Inspector alongwith one and same recruitment process. The Inspector of Central Excise (now Central GST) is also analogous to Income Tax Inspector. The members of the Association have worked as Inspector or Superintendent during the period of 01.01.96 to 21.04.04.

            2. The most of the officers joining as Inspector in CBIC retire as Superintendent after getting only one promotion during the long span of 35-40 years of service. There has been regular hostile discrimination against them. Not only it, the financial benefits legitimately due to these officers have also not been allowed. The most of the categories of employees in analogous posts have been granted upgraded pay scale w.e.f. 01.01.96 but the same is still awaited for these officers.

3. On the recommendations of the 5^th Central Pay Commission (CPC), Inspectors and Superintendents/Income Tax Officers working in the CBIC and CBDT were granted the pay scale of Rs. 5,500-9,000/- and Rs. 6,500-10,500/- respectively w.e.f 01.01.96 whereas the similarly situated counterparts of other departments were placed in higher pay scales. The Govt. enhanced the pay scale of Inspectors and Superintendents/Income Tax Officers to Rs. 6,500-10,500/- and Rs. 7,500-12,000/- respectively to remove the anomaly vide O.M. F.No.6/37/98-IC dated 21.04.04 of the Department of Expenditure (Implementation Cell). But the anomaly was removed prospectively w.e.f. 21.04.04 instead of 01.01.96 which was the date of arising of anomaly.

4. Whereas such anomaly was removed from the date of arise, i.e., 01.01.96, in other cases by the Govt. Many categories including the Superintendents of Narcotics Control Bureau vide Office Order under F.No.15/2(38)/2004-Esst. Dt. 20.04.05 issued by NCB, redeployed surplus staff vide DOP&T O.M. No.1/7/98-CS.III Dt. 09.04.99, officers of the Organised Accounts Departments vide MF & CA O.M. No.6/82/E-III.(B)/91 Dt. 28.02.03, Divisional Accountants/Divisional Accounts Officers vide C&AG [Cir No. 26/NGE/2004] No. 341-NRE (App.)/36-2003 Dt. 28.04.04, Junior Translator, Senior Translator and Asstt. Director (OL) vide Department of Official Language O.M. No. 13/6/2002-OL Dt. 02.04.04, Employees of Ministry of Labour vide O.M. No.A-32022/1/2002-Adm.I Dt. 26.04.04, Section Officers of CSS vide Order No.- 5/4/2005-CS.I Dt. 25.01.05 of DOPT etc. have already been given the retrospective benefit of the revision of pay scale.  

5. Thus, the Inspectors and Superintendents/Income Tax Officers working in the CBIC and CBDT were discriminated by the Govt. by not granting the benefit of higher pay scale to them w.e.f. 01.01.96 to remove the anomaly completely. It has resulted in disparity in pay affecting the pensionary benefits also. Here, it may be pertinent to add that the pay scale of our counterparts, the Superintendents of Narcotics Control Bureau, was revised/upgraded from Rs. 6,500-10,500/- to Rs. 7,500-12,000/- w.e.f. 01.01.96 with all consequential benefits vide office order F. No. 15/2(38)/2004-Estt dated 20.04.05 issued by NCB. Needless to submit that the scale of Superintendents of Narcotics Control Bureau was revised/upgraded by an order of later date based on the precedence of upgradation of pay scale of our Superintendents but the financial benefits were extended to them w.e.f. 01.01.96 whereas w.e.f. 21.04.04 to our Superintendents instead of 01.01.96. It is also worth to add that the Superintendents of Narcotics Control Bureau were under the administration of CBEC till 2003 in the Department of Revenue. They were also being placed in common seniority list with our Superintendents at that time and also were being promoted to common promotional post of Assistant Commissioner.

6. Likewise, the VIth CPC in para 7.15.24 of its report clearly admitted the well established parity of the Chief Enforcement Officer with the Superintendent of Central Excise, Superintendent of Customs (Preventive), Appraisers, Income Tax Officers & Superintendent of Narcotics. The CPC also recommended for the maintenance of the same in future. The Chief Enforcement Officers were granted the pay scale of Rs. 7,500-12,000/- w.e.f. 01.01.96 by the Govt. which was subsequently revised further to Rs. 8,000-13,500/- w.e.f 04.10.05 vide order issued under F.No.16/26/2004-Ad.1C dated 04.10.05 but no such treatment was given by the Govt. to our Superintendents or Superintendents of Customs (Preventive), Appraisers and Income Tax Officers.

7. The decision to revise the pay scale with prospective effect from 21.04.04 instead of 01.01.96 has been held “arbitrary and illegal” vide the order dated 17.01.12 passed by the Hon’ble CAT, Mumbai in the OA No. 86/2008 filed by Income Tax Gazetted Officers Association and others. Various Hon’ble courts also including Hon’ble Supreme Court have already decided that effect of revised scale should be given from the date of implementation of report of CPC or from the date of creation of anomaly.

8. The Hon’ble Supreme Court has also given the retrospective benefit alongwith arrears to the employees in various cases including SLP (Civil) No.9832/2013 titled as Union of India and others vs. Jose Sebastian and others {Review Petition (Civil) No.1494/2013 preferred by the Govt. against the aforesaid judgment was also dismissed vide judgment dated 01.8.13}, SLP (C) No.13818/2020 vide judgment dated 08.01.21, Civil Appeal No. 5866 of 2000, SLP (Civil) Nos.1587-1588/2014, WP(C) No. 81/1969 etc.  

9. The Hon’ble High Court of Delhi has also given the retrospective benefit alongwith arrears to the employees in various cases including Writ Petition (Civil) No.1523/2016 (alongwith 6% interest) in which SLP(C) No. 13818/2020 has been dismissed, in W.P. (C) 3945/2017 etc.

10. The Hon’ble CAT, Delhi has also given the retrospective benefit to the employees in O.A. No. 2529/96, O.A. No. 2951/2003, O.A. No.763 of 2015 (alongwith 6% interest), OA No. 2544/2015 etc.

11. The Hon’ble CAT of Ernakulam has also taken the view that the effect of the revised scale should be given retrospectively from the date of the implementation of the report of the Pay Commission in its order in O.A. No.671/2003 on 30.06.06 allowing the benefit of improved pay scale retrospectively w.e.f. 01.01.96 with arrears.

12. Bombay Bench of Hon’ble CAT has also given the retrospective benefit to the employees in O.A. No. 859 of 2004.

13. In the light of above submissions, it is requested in the consonance of the above court orders that the O.M. F.No.6/37/98-IC dated 21.04.04 of the Department of Expenditure (Implementation Cell) may kindly be implemented w.e.f. 01.01.96 with actual payment of arrears and all consequential benefits. It is also requested to allow the Association to make the due submissions in person before the Special Anomaly Committee.

Thanking you,

Yours sincerely,

                                                                                                                                                

(HARPAL SINGH)

Secretary General.

Copy with the request for necessary action to:

The Finance/Expenditure Secretary, North Block, New Delhi.

Rajasthan Unit of AIACTGEO

 

Chintan Shivirs

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as 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:

M. Loganathan                          Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob.8758262698     mail Id:aiacegeo2019@gmail.com       Site:cengoindia.blogspot.in    Mob.9717510598

Vice Presidents: B C Khatik, V Pagare  (Central) Diwakar Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East) Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V Raghunandan (South); All India Convener: A K Meena All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison Secretary: N S Maheshwari North Zone Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal Vigilance Coordinator: R K Singh South Zone Coordinator: U Sharma

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 100/AIB/C/23                                                                        Dt. 26.07.23

To,

(1) The Chairman,                              (2) The Member (Admin & Vig.),

CBIC, North Block,                            CBIC, North Block,

New Delhi.                                          New Delhi.

Sub: Chintan Shivirs.

Sir,

            It is submitted with due regards that the Association came to know about Chintan Shivirs being organized under the agenda of HR Management, Grievance Redressal, Technology about GSTN etc.             2. It is further to submit, as your goodself knows, that the majority of our officers are retiring with single promotion after joining as Inspector due to weak HR Management whereas the counterparts of Customs, CBDT, CSS and other departments are easily getting the promotions upto the level of Commissioner. The periodical meetings under Employee Grievance Redressal Mechanism are also not being held. GSTN is also not functioning properly. So, our CBIC requires to be serious about HR issues, Employee Grievance Redressal Mechanism and functioning of GSTN. It is, therefore, requested to kindly add the following issues in the agenda of Chintan Shivirs for due redressal-

A. HR issues:

     (i) Updation of the DPC for the post of Asstt. Commissioner which never happens timely.

     (ii) Updation of seniority list of Central Excise/CGST Superintendents issued only upto 2011.  

     (iii) Extension and regularization of 2118 temporary posts of Asstt. Commissioner which will lapse on 17.12.23 keeping the same intact only for the purpose of promotion.

     (iv) In rem implementation of the legal verdicts in service matters.

   (v) Upgradation/redesignation by one step under GST like State Governments and pay scale to Superintendent at par with counterparts of State GST.

     (vi) Expediting ensuing cadre restructuring started five years ago.

     (vii) Implementation of DOPT OM No. AB-14017/12/88-Estt. (RR) Dt. 25.03.96 since the date of its issuance instead of 2014 to avoid unwarranted litigations.

     (viii) Undoing of MACP irregularities as our officers are getting after service of 30 years under MACPS what they were getting under ACPS after 24 years of service.

     (ix) Implementation of in-situ promotion scheme since the date of its approval as approved by CBIC on 18.02.11.

     (x) Bringing a scheme to remove stagnation independent of cadre restructuring for our officers since the date of its approval as approved by the Cabinet in the year 2013.

     (xi) Batch to batch Non Functional Financial Upgradation (NFU) to grant financial parity to our officers with the best placed counterparts to compensate the lack of promotions from the date of its implementation for Group A officers.

     (xii) Flexible Complementary/Dynamic Assured Career Progression Scheme for our officers as already operative in the Department of Science/Health to remove the stagnation since the date of its implementation in the Department of Science/Health.

     (xiii) Promotion of ad-hoc Assistant Commissioners (promoted against temporary posts) to the post of Deputy Commissioner on completion of 4 years of service and counting of temporary service for further promotions, so that seniors are not forced to work under juniors.

     (xiv) Complete implementation of the order dated 24.02.95 in OA No. 541/1994 of Jabalpur CAT as it has only been implemented partially.

     (xv) Implementation of para 7.15.24 of 6^th CPC report.

     (xvi) Finalisation of compassionate appointment cases in time bound manner taking some special measures and bringing special provisions for CORONA victims’ families.

     (xvii) Implementation of Item No. 9 of DOPT OM F.No.22034/4/2020-Estt.(D) Dt. 05.04.21 issued as per Supreme Court order.

B. GST/GSTN related issues:

     (i) Infrastructure, prescribed office space and manpower to field formations.

     (ii) Reorganization of Ranges and Divisions for smooth functioning of GST to ease workload in Range Offices as per original model of CBIC of 300-400 assessees per Range.

     (iii) To improve functioning of GSTN system to work it on single click.

C. Grievance Redressal:

     Holding of regular periodic meetings under Employee Grievance Redressal Mechanism at the levels of Board and field formations instead of limiting the grievance redressal only to trade.

Thanking you,

Yours sincerely,

                                                                                                                                                       

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to:

(1) The Hon’ble Finance Minister, North Block, New Delhi.

(2) The Minister of State (Revenue), Ministry of Finance, North Block, New Delhi.

(3) The Revenue Secretary, North Block, New Delhi.

Grievance redressal

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as 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:

M. Loganathan                          Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob.8758262698     mail Id:aiacegeo2019@gmail.com       Site:cengoindia.blogspot.in    Mob.9717510598

Vice Presidents: B C Khatik, V Pagare  (Central) Diwakar Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East) Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V Raghunandan (South); All India Convener: A K Meena All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison Secretary: N S Maheshwari North Zone Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal Vigilance Coordinator: R K Singh South Zone Coordinator: U Sharma

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 99/AIB/A/23                                                                         Dt. 25.07.23

To,

(1) The Chairman,                              (2) The Member (Admin & Vig.),

CBIC, North Block,                            CBIC, North Block,

New Delhi.                                          New Delhi.

Sub: Request for Grievance Redressal.

Sir,

            It is to submit with due regards that the majority of the officers are retiring with single promotion in the career after joining as Inspector. It is also worth to mention that these officers are instrumental in collecting revenue always above targets. Many issues are unresolved for very long. Some of the issues are submitted as below for kind redressal-

            A. DPC for the post of Asstt. Commissioner: The DPC for the year 2023 is still pending, which should have been conducted before Jan, 23. The DPC may kindly be conducted at the earliest.

B. Updating of seniority list of Central Excise/CGST Superintendents: The Seniority list of the Central Excise/CGST Superintendents has been published only upto 2011. Every DPC for the post of Assistant Commissioner is being delayed for the want of the seniority list. The seniority list may kindly be updated upto the year 2022 at the earliest and kindly be kept updated every year afterwards.

C. Extension and regularization of 2118 temporary posts of Asstt. Commissioner: 2118 temporary posts of Asstt. Commissioner will lapse on 17.12.23. These may kindly be extended further and be regularized keeping the same intact only for the purpose of promotion.

D. Implementation of the legal verdicts: Legal verdicts in service matters are not being implemented in CBIC despite of being settled by the Hon’ble courts including the Apex Court. All of such verdicts may kindly be implemented in rem.

E. Upgradation/redesignation under GST like State Governments: Posts have already been upgraded/redesignated by one step in State GST but no such measure has been taken in CBIC. The same measure may kindly be taken for the sake of parity.

F. Ensuing cadre restructuring of CBIC: The ensuing cadre restructuring was started five years ago and the Association came to know that the same is being redrafted. The Association may kindly be duly consulted before the finalization of the proposal.

            G. Implementation of the DOPT OM No. AB-14017/12/88-Estt. (RR) Dt. 25.03.96: It is being implemented since 2014 instead of 1996. The same may kindly be implemented since 1996 for the sake of justice to all and to avoid unwarranted litigations.

            H. Undoing of MACP irregularities: Our officers are getting after service of 30 years under MACPS what they were getting under ACPS after 24 years of service. The irregularities regarding offset of time scale with MACP upgradation and treating same Grade Pay of Rs. 5400/- in PB2 & PB3 differently may kindly be undone.

            (I) Removal of stagnation:

               (i) Implementation of in-situ promotion scheme as approved by CBIC on 18.02.11: Scheme has not been implemented despite of being finalized more than 12 years ago and despite of repeated requests of the Association. It may kindly be implemented since the date of its approval.

            (ii) Scheme to remove stagnation independent of cadre restructuring as approved by the Cabinet in the year 2013. It may kindly be brought since the date of its approval by the Cabinet.

            (iii) Batch to batch Non Functional Financial Upgradation (NFU) to grant financial parity to our officers with the best placed counterparts to compensate the lack of promotions. The scheme has been recommended by the CBIC at least on four occasions. The same may kindly be implemented from the date of its implementation for Group A officers.  

(iv) Flexible Complementary/Dynamic Assured Career Progression Scheme as already operative in the Department of Science/Health to remove the stagnation may also kindly be brought for our officers since the date of its implementation in the Department of Science/Health.

             (v) Promotion of ad-hoc Assistant Commissioners promoted against temporary posts to the post of Deputy Commissioner on completion of 4 years of service and counting of temporary service for further promotions, so that seniors are not forced to work under juniors.

            (J) Pay matters:

            (i) Complete implementation of the order given on 24.02.95 in OA No. 541/1994 by Jabalpur CAT. No appeal was made against it and it has only been implemented partly.

            (ii) Implementation of para 7.15.24 of 6^th CPC report which has not been implemented despite of approval (it may kindly be from 01.01.96 instead of prospective) by Competent Authority.

               (K) Compassionate appointments: All compassionate appointment cases may kindly be finalised taking some special/one time measure. Common criteria may kindly not be adopted for all cadres, rather posts may be distributed among all cadres in proportion of their strength. Some special provisions for CORONA victims’ families may also kindly be brought and expedited.

               (L) Infrastructure, office space and manpower to field formations: Field formations are acutely lacking due manpower, prescribed office space and infrastructure. Needful may kindly be done.

(M) Workload in Range Offices: Range offices are tremendously overburdened due to huge number of assessees against the original model of CBIC of 300-400 assessees per Range under GST. Many Ranges have number of assessees even to the tune of lacs. Needful may kindly be done for proper reorganization of Ranges and Divisions for smooth functioning of GST.

               (N) Non-functioning GSTIN system: System is in very troublesome and bad shape. It is not responding properly and repeatedly being shut down wasting huge time and having tremendously adverse effect on GST functioning. Needful may kindly be done to improve it.

               (O) Implementation of DOPT OM F.No.22034/4/2020-Estt.(D) Dt. 05.04.21 issued as per Supreme Court order: Item No. 9 of the OM says that those employees who got either one promotion or 1^st ACP before 01.01.06 and who did not earn any promotion or 2^nd ACP during 01.01.06 to 31.08.08, are eligible for 2^nd MACP on or after 01.09.08 (i.e., due on completion of 20 years) and 3^rd MACP after 30 years of service or 10 years in the same grade pay/pay level, as the case may be, if found otherwise eligible. The item may kindly be implemented.

               (P) Action taken report on the decisions made in meetings of 18.08.17 and 14.01.16: Action was to be taken by DGHRD/AD. II/IIA/IIIA/IVA. Action taken report may kindly be made available. Association also submitted all demands separately on every issue regarding both meetings. The Minutes of both meetings are enclosed for kind reference.

2. It is requested to give a serious thought to the above issues for due redressal and justice to the members.

Thanking you,

Yours sincerely,

Encls: Minutes of the meetings of 18.08.17 and 14.01.17.                                                          

(HARPAL SINGH),

Secretary General.