ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as All India Association of Central Excise Gazetted Executive Officers)
President: Address for
communication: Secretary General:
Kajal
Kumar Mandal Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob. 9957366172 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in
Mob. 9717510598
Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju
Vice Presidents: B C
Khatik, K D Venkatraman (Central) Swapan
Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas
Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint
Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha,
Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B
Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary:
B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising
Secretary: Utkarsh Sharma Legal Coordinator:
S
Sabarwal Joint Organising Secretary: Jayant Dey East Zone
Coordinator: Debasish Modak
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref.
No. 93/AIB/T/24
Dt. 11.11.24
To,
(1) The
Chairman, (2)
The Secretary,
CBIC,
North Block, Department
of Revenue,
New
Delhi. North
Block, New Delhi.
(3) The
Secretary, (4)
The Secretary,
DOPT, Department
of Expenditure,
North
Block, New Delhi. North
Block, New Delhi.
Sub: Request to grant the historically parity with
equally placed employees as per the judgement given by the Hon’ble Supreme
Court on 09.11.2023 in Civil Appeal No. 1663 of 2016.
Sir,
Your kind
attention is invited to the Judgment of the Hon’ble Supreme Court dated
09.11.2023 passed in Civil Appeal No. 1663 of 2016 in the case of Union of
India & Ors Vs D.G.O.F. Employees Association and Another and earlier
representation of the Association on the subject.
2. The Hon’ble
Supreme Court in the judgment mentioned supra held that employees with
historical pay parity have to be treated without discrimination. The matter was in relation to the
discrimination in the pay to the DGOF Employees (the respondents hereinafter)
as compared to the employees in Central Secretariat Service (CSS for short)
inspite of having historical pay parity. The Hon’ble Supreme Court held that
the error needs to be corrected and addressed the discrimination.
3. The Sixth Pay
Commission has covered the pay of the Section Officers of CSS in para 3.1.9
wherein the Section Officers were granted pay scale of Rs. 7500-12000/- in PB-2
with grade pay of Rs. 4800/- and after completion of four years of service were
granted with Rs. 8000-13500/- in PB-2 with grade pay of Rs. 5400/-. They were,
however, placed in the pay scale of Rs. 8000-13500/- w.e.f. 01.01.1996 vide
DOPT Orders No.21/36/03-CS.I Dated 13.11.2003, No.5/4/2005-CS.I Dated
25.01.2006 and No. 5/4/2005-CS-I Dated 30.03.2006 without recommendation of Pay
Commission. The respondents who were having historical parity with the
employees of CSS were granted pay scale of Rs. 7500-12000 in PB-2 with grade
pay of 4800 and after completion of four years of service were granted with Rs.
8000-13500 in PB-2 with grade pay of 5400 (covered under para 3.1.14 of the
sixth pay commission report) whereas the employees of CSS were granted pay
scale of Rs. 7500-12000 in PB-2 with grade pay of 4800 and after completion of
four years of service were granted with Rs. 8000-13500 in PB-3 with grade pay
of 5400 by the Govt. w.e.f. 01.01.2006 again without recommendation of pay
commission to grant them Rs. 8000-13500 in PB-3 with grade pay of 5400 after
completion of four years of service. The matter was finally decided by the Apex
Court holding that the employees with historical parity/similarity have to be
treated equally without discrimination.
4. The Staff
Selection Commission conducts the Recruitment Examinations, for both, i.e., Inspector
of Central Excise and Customs/Preventive Officer/Examiner/Income Tax Inspector
and Assistant Grade of CSS. Both the posts fall under the same entry level
scale at the relevant point of time till date and are construed to be posts
with historical parity. The promotional posts for both, i.e., Superintendent of
Central Excise/Customs Preventive Superintendents/Appraisers/ITOs and the
Section Officers of CSS were also placed under the same pay scale till
13.11.2003 when the above mentioned DOPT Order No.21/36/03-CS.I Dated
13.11.2003 was issued without recommendations of Pay Commission.
5. Thus, the consequential
promotional posts for the above, i.e., Superintendent of Central Excise/Customs
Preventive Superintendents/Appraisers/ITOs (Superintendent of Central Excise as
relevant for us) and the Section Officer in CSS respectively were carrying parity in the scales till 5th
pay Commission. The para 3.1.9 of the
sixth pay commission is reproduced hereunder for ready reference-
3.1.9
Accordingly, the Commission recommends upgradation of the entry scale of
Section Officers in all Secretariat Services (including CSS as well as non
participating ministries/ departments/organizations) to Rs.7500-12000
corresponding to the revised pay band PB 2 of Rs.8700-34800 along with grade
pay of Rs.4800. Further, on par with the dispensation already available in CSS,
the Section Officers in other Secretariat 161 Offices, which have always had an
established parity with CSS/CSSS, shall be extended the scale of Rs.8000-13500
in Group B corresponding to the revised pay band PB 2 of Rs.8700-34800 along
with grade pay of Rs.4800 on completion of four years service in the lower
grade. This will ensure full parity between all Secretariat Offices. It is
clarified that the pay band PB 2 of Rs.8700- 34800 along with grade pay of
Rs.4800 is being recommended for the post of Section Officer in these services
solely to maintain the existing relativities which were disturbed when the
scale was extended only to the Section Officers in CSS. The grade carrying
grade pay of Rs.4800 in pay band PB-2 is, otherwise, not to be treated as a
regular grade and should not be extended to any other category of employees.
These recommendations shall apply mutatis-mutandis to post of Private
Secretary/equivalent in these services as well.
……………………..
*
This scale shall be available only in such of those organizations/services
which have had a historical parity with CSS/CSSS. Services like
AFHQSS/AFHQSSS/RBSS and Ministerial/Secretarial posts in Ministries/Departments
organisations like MEA, Ministry of Parliamentary Affairs, CVC, UPSC, etc.
would therefore be covered.
6.
From the foot note it is evident that the scales with historical parity with
CSS is available to the organisations/services which have had a historical
parity with CSS/CSSS. As explained
supra, the posts of the Superintendent of Central Excise had a historical
parity with the post of Section officer of CSS. Accordingly, the same scales as provided for
CSS are available to the Superintendent of Central Excise. However, in the Govt. Notification to
implement the report of the Sixth Pay Commission, the pay scales for the posts
of Income Tax Officers/Superintendent, Appraisers etc. (Customs & Central
Excise) were mentioned as 7500-12000 (Grade Pay of Rs. 4800/-) in PB-2 and
after four years in 8000-13500 (Grade Pay of Rs. 5400/-) in PB-2 whereas the
pay scales for the posts of Section Officers of CSS were mentioned as
7500-12000 (Grade Pay of Rs. 4800/-) in PB-2 and after four years in 8000-13500
(Grade Pay of Rs. 5400/-) in PB-3.
7. The Hon’ble
Supreme Court in Order dated 09.11.2023 in Civil Appeal No. 1663 of 2016 in the
case of Union of India & others Vs DGOF Employees Association and another
has passed the order correcting such error in the discrimination of pay to the
employees with historical parity in pay scales. From the above submissions, it is evident
that the pay scale of Superintendent of Central Excise has been discriminated
and the same needs to be rectified to bring justice.
8. In view of the
above submissions, it is requested to kindly extend the same justice to the
Superintendents of Central Excise (now CGST) also as held by the Hon’ble Supreme
Court in addressing the discrimination in the pay scale to DGOF employees. Accordingly,
the Superintendents of Central Excise (now CGST) may kindly be extended the pay
scale of Rs. 8000-13500/- w.e.f. 01.01.1996 and equivalent to grade pay of Rs.
5400/- in PB-3 w.e.f. 01.01.2006 after completion of four years of service with
grade pay of Rs. 4800/- in PB-2 or equivalent pay scale with all consequential
benefits. Same treatment may also be given to the Inspectors of Central Excise
(now CGST) getting the scale of Superintendent on account of ACP/MACP
upgradation. It is further requested that the Association may also kindly be
informed of the outcome of this representation for pursuing further legal
recourse as available.
Thanking
you,
Yours sincerely,
(HARPAL SINGH),
Secretary
General.
