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 West Zone Coordinator: R Keny 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. 37/AIB/C/26
Dt. 08.06.26
To,
The DG,
HRD, HRM-I,
CBIC, New
Delhi.
Sub: Suggestions/Inputs for Cadre Restructuring
exercise in CBIC.
Madam,
Kindly refer to the mail dated 27.05.26
received from your good office.
2.
It is to submit with due regards that the most of the Central Excise/CGST
Superintendents entering the job as Inspector are retiring only with single promotion in the service career of 35 to 40
years and forced to work under their extreme juniors of Customs belonging to
the same cadre recruited through the same examination in the same
organisation of CBIC under the same department of Revenue of the same Ministry
of Finance. The single cadre of Inspector in the CBIC has been trifurcated into
3 sub-categories in absolutely unjustifiable manner, i.e., Inspector (Central
Excise/CGST & Land Customs), Preventive Officer (Inspector Customs) &
Examiner (Inspector Customs) to be promoted as Superintendent (Central
Excise/CGST & Land Customs), Superintendent (Customs) & Appraiser
(Customs) respectively merging at group ‘A’ entry level. This places the
officers entering the job as Inspector (Central Excise/CGST & Land Customs)
decades behind the Examiners (also admitted by the CBIC in its Board meetings
of 12.01.11 and 18.02.11) due to the discriminatory rate of promotion and
faulty recruitment rules. This results into their promotions upto the level of
Commissioner (6 promotions) whereas our officers retire as Superintendent only
(1 promotion) except those who are promoted to the temporary post of Asstt.
Commissioner with the clause of no further promotion and to be discontinued/abolished
any time. The last cadre restructuring
was also proved of no good to remove the acute stagnation of the totally
demoralized officers of ours (Central Excise/CGST Superintendents and
Inspectors) on account of which the Cabinet
also approved to bring some measures to remove the stagnation of our officers
independent of cadre restructuring but very unfortunately, the said measures
are still awaited even after expiry of 13 years of its approval by the Cabinet.
3. The CBIC as on date has thousands of Group ‘B’ officers already
putting more than 25 years of service and got only one promotion.
ACPS/MACPS is also unable to undo the gross injustice done to our officers.
Moreover, our officers are getting in 30 years (duly admitted by our CBIC
but nothing done) under MACP Scheme what they were getting in 24 years under
ACP Scheme. Even the temporary posts of the Asstt. Commissioner created in
the last cadre restructuring did no good to our officers on account of being
created with the clause of “no further
promotion” and also not being included in the recruitment rules. Our
officers didn’t get the benefit of even a single paisa on being promoted
against these posts at the fag end on account of already working in the same
pay scale. Many of them rather forced to get less emoluments on account of
being transferred to the cities with less HRA. Due to this reason, a good
number of our officers prefer to forgo the promotion against these posts and
many are forced to plan to be voluntarily retired. Thus, the
last cadre restructuring was
insufficient to remove the acute stagnation of the totally demoralized
officers of ours as also admitted in advance by the CBIC in the Board meeting
of 12.01.11. That’s why the Cabinet was
also pleased to recommend bringing of some measures independent of cadre
restructuring to remove stagnation of our officers but nothing done till date. The measures are required to be brought
immediately giving effect from the date of approval by the Cabinet.
These measures may be in the form of functional promotions, in-situ promotions,
Flexible Complementary Promotion Scheme (FCS) already prevalent in the
Department of Science & Technology, Dynamic Assured Career Progression
Scheme (DACP) already prevalent in the Ministry of Health, Non-Functional Financial
Upgradation (NFU) already implemented in the case of Group ‘A’, Notional
promotions, use of supernumerary posts etc. etc. to bring parity between Central
Excise/CGST and Customs personnels.
4. Our common
entry counterparts in CSS, CBDT, Customs, Rajya Sabha Secretariat etc. are
already being promoted upto Level-14 (5 to 6 promotions) whereas the
most of our officers retire at the post of Level-8 only with single
promotion after being appointed as Inspector, whether direct entry or by
promotion. This gross injustice has
totally demoralised the Central Excise/CGST Superintendents leaving nothing to
be motivated. This injustice is needed to be undone at the earliest in the
interest of the Govt. revenue.
5. Regarding GST,
no need to say that we require essential manpower and infrastructure
particularly at Group ‘A’ entry to Addl. Commissioner level and also to
strengthen the set-ups like audit, preventive, anti-evasion, anti-smuggling,
anti-narcotics, seaports, ICDs, airports, SEZs, LCSs, 24*7 working etc.
alongwith major expansion of the existing formations to increase more &
more the indirect tax collection alongwith to stop smuggling activities,
infiltration of contrabands & lethal weapons also to stop serious threat to
the security of the Nation. The Standing Committee on Finance in its 52nd
report had also expressed its concern over the pathetic situation of man-power
shortage desiring CBIC to give interim relief to the stagnating cadres.
6. No need to say
that no revenue related work is assigned to the Commissioner & above
levels under GST. So, the posts of the Commissioner may be minimized on the
pattern of the State GST where only one Commissioner is looking after the work
of SGST in whole State. Thus, there should be only one Commissioner in whole
State under Central GST too, rather the Commissioner looking after the work of
State GST may also look after the work of CGST also on account of Central GST &
State GST both being governed by one & same GST Council. So, all posts
above the Addl. Commissioner may be abolished for matching-saving to create more
posts at lower levels.
7. While
submitting its 52nd report on 20.04.2012, the standing committee on finance
observed that in CBEC (now CBIC) the majority of Direct recruit Inspectors of
Central Excise and Preventive officers (both almost 98%) get only one
functional promotion during average service span of 35 years. Main reason for
such acute stagnation is the ratio (1:15) between the strength of Assistant
Commissioner (Group A) level and Group B gazetted level of these officers. In
other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee
expresses their concern over the pathetic situation of man power shortage and
desires both CBDT and CBEC to hasten formulation of a policy in this regard
while giving interim relief to stagnating cadres. The
Committee also observed that the shortage of staff is the main reason for
shortfalls in the performance of both the Departments.
8. The Public Accounts
Committee in its 79th Report on the topic "Service tax on Banking and
other Financial Services" submitted to both Lok Sabha and Rajya Sabha on
21.03.13 at Para XVI of Part-B to Part-I has discussed in details about the
staff position in Service Tax under CBEC. At Para 18 of Part-II, the PAC has
observed, "The Committee notes that there is a lack of perspective
planning in the matter of deployment of staff on such a vital source of revenue
collection viz., Service Tax. Taking into consideration the amount of revenue
collected from Service Tax and Central Excise during the year 2011-12, the
Committee is surprised to find that in contrast to the deployment of nearly
40,000 officers for excise, only 4000 to 5000 officers have been deployed for
Service Tax stream and that too after withdrawing from the Central Excise
stream. Apparently, Service Tax wing has been working for more than 15 years
with no staff of its own. The Committee is dismayed to note the
helplessness expressed both by the Finance Secretary and Chairman, Central
Board of Excise & Customs in this regard especially when Ministry of
Finance is itself one of the nodal authorities for examining and sanctioning
requisite staff to Ministries. The Committee feels that the staff
requirement be examined on priority basis by the concerned authorities in order
to ensure that the Service Tax collections, which have increased phenomenally
from Rs. 407 crore in 1994-95 to Rs. 97,389 crore in 2011-12 does not suffer
for want of human resource.” Thus, the report justified sufficiently high
increase of the officers on functional basis against the then existing
sanctioned strength of merely 2000 in Service Tax. The observations of the
Committee are now equally applicable to GST and thus, the CBIC will have to do
a lot to improve its Human Resource Policy.
9. The IRS officers of CBIC get parity with the
common entry counterparts of CBDT in every cadre restructuring including the
last one and also with other better placed common entry group ‘A’ counterparts
including IAS alongwith the creation of posts in the higher pay scales
even without having eligible officers in Group ‘A’ for further promotions and
later seeking relaxation for their promotions. They have also been granted financial parity with the best placed
counterparts of IAS in the form of NFU. Such good things should also happen to
our officers being appointed as Inspector and the most of them retiring on the
post of Superintendent merely after single promotion in the career.
Unfortunately, no parity (not even financial) with common entry counterparts
like CBDT, CSS, Customs etc. has ever been considered for Central Excise/CGST Superintendents
and Inspectors. The talks of parity for our officers with other counterparts
were, however, made during the presentation of the last cadre restructuring
proposal on 18.01.11 but nothing has been done till date even despite of the specific recommendations of
the Cabinet to bring independent measures to remove the stagnation of our
officers.
10. This parity is
basic concept of our Constitution and very much required to boost the morale of
the officers by adopting the measures like time
bound promotions/scales, notional promotions, upgradation (functional or
non-functional), creation of supernumerary posts, direct promotion to higher post/s, upgradation of posts, creation
of separate service, in-situ promotions or any other specific measure/s
alongwith re-framing of the RR’s without
trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted
level prescribing the qualifying service as per DOPT OM No.
AB-14017/61/2008-Estt.(RR) dt. 24.03.09 (not being followed by CBIC) which
stipulates clearly the promotion of Inspector grade to the grade of Joint
Commissioner, Addl. Commissioner & Commissioner after completion of 12, 17
& 20 years of service respectively. During the presentation of last
cadre restructuring proposal on 18.01.11, CBIC showed its inability to implement
the said OM due to the want of required number of vacancies/posts. It is,
therefore, requested that the required number of posts may kindly be created
and the said OM be implemented or our officers may kindly be granted in-situ promotions (which requires no
creation of posts) after completion of the due service even independent of
cadre restructuring. A little deviation from the above mentioned DOPT
guidelines, already framed with the due diligence & application of mind by
the DOPT, may be understood but the non-implementation of the same at all is
never understandable. If the grant of the prescribed grade is not possible
within 20 years, we may be granted the same after completion of 21, 22, 23, 24,
25, 26, 27, 28, 29 or even 30 years (after
completion of 1½ times of qualifying service as prescribed by the DOPT
based on the precedent of CSS of promoting all the Section Officers to the STS
post of Under Secretary after completion of 1½ times of qualifying service in
1999). In-situ promotion scheme may even be in the form of Flexible
Complementary/Dynamic Assured Career Progression Scheme, already existing in the Department of Science
& Technology and also in the Ministry of Health to remove the stagnation of
their employees. No need to say that there exist provisions of in-situ
promotions upto the level of Joint/Addl. Secretary in CSS.
11. It is also
worth to mention that the upgradation of the Superintendents, completing 20
years of service after joining as Inspector, to the post of Asstt. Commissioner
will also require no expenditure as they are already getting the salaries of
the said post and upgradtion to the post of Deputy Commissioner after
completion of 24 years of service will also require minimal expenditure. Such upgradations will also remove the regional
disparities. This upgradation may be even in the form of in-situ promotions,
if required numbers of functional posts are not available. The officers with 29
and 32 years of service may further be upgraded to the posts of Joint
Commissioner and Addl. Commissioner respectively on functional or in-situ
basis. As an instant measure, the in-situ
promotion scheme approved in CBIC Board meeting of 18.02.11 may be
implemented immediately from the date of its approval independent of cadre
restructuring.
12. In the last
cadre restructuring, no heed was paid to the DOPT communications issued vide
D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No.
20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No.
35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the
cadre restructuring should be viewed to mitigate
the stagnation of the stagnated employees. No need to say that the
Central Excise/CGST Superintendents and Inspectors are not only the most stagnated
category of the employees under the CBIC but they are also the most stagnated
category of govt. employees. The CBIC already has around 40000 group ‘B’ Central Excise
executive officers comprising Superintendents and Inspectors retiring with only
one promotion in their service career.
13. The officers
joining as Inspector of Central Excise/CGST at the most enter group ‘A’
temporary post of Asstt. Commissioner whereas the Examiners belonging to same
cadre are becoming Commissioner against regular post in CBIC which is a very
good thing and we have no objection to it but our request is that such very
good thing should also happen to us. No such measures like Examiners have been
taken for the officers joining as Central Excise/CGST Inspector to mitigate
their acute stagnation who are forced to work under their extreme junior
Examiners. It is also worth to submit that the Income Tax Inspectors as well as
the Assistants of CSS and Rajya Sabha Secretariat are easily becoming the
Commissioner and Joint Secretary. The reason behind these disparities seems the
existing ratio between group ‘A’ entry level to group ‘B’ gazetted to be 1:20
in CBIC whereas it is 1:2 in CBDT or even less at other places. Nothing has
also been done despite of the specific
directions of the Principal Bench of
Hon’ble CAT in OA No. 2323/2012 to grant parity in promotions with
the intra-organisational counterparts to our Inspectors and Superintendents to
save them from the humiliation of working under the juniors belonging to the
same cadre. If implemented, no need to
say that this would also result into the removal of the regional disparities in
promotions. Instead, the CBIC gave a misleading affidavit in the CAT. Such
parity will certainly have a positive impact on the government revenues due to
the feeling of job satisfaction amongst our officers.
14. Fixing of a
ratio of 13:2:1 for entry into Group ‘A’ is also no way just & fair and is
also contrary to the Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt.
11.11.10 mandating fixation of no ratio in the case of small number of
promotional posts as around only 2% promotional posts are available for us
which is too small (As far as the temporary posts of Asstt. Commissioner are
concerned, the same are not included in the RRs and also no further promotion
is available on being promoted against these posts). The CBIC has itself
admitted in the Board meeting of 18.02.11 that the said ratio is insufficient
to address the situation of the stagnation of our officers. Thus, the promotion to the Group ‘A’ from
Group ‘B’ should be made on the basis of the length of service as Group ‘B’ officer
by doing away with the ratio system as was being done in the past.
15. It is also submit-worthy that the most of the group ‘B’ gazetted
officers including CSS are being promoted to the senior time scale group ‘A’
posts in Central as well as State governments including State GST while the
Central Excise/CGST Superintendents are allowed to be promoted (if any) merely
to a junior group ‘A’ post. CBIC has done nothing in this regard even in r/o
the verdict given by the Principal Bench of Hon’ble CAT in OA No. 684/2018.
Thus, this issue requires immediate redressal.
16. The CBIC is already short of working hands at each level. The Finance
Secretary once observed that Central officers are far behind the State officers
under GST. The observations made by the Finance Secretary are required to be
analysed in r/o manpower, workload per individual and infrastructure available
to our officers in comparison to the State officers to take due corrective
measures under the cadre restructuring or even independent of it. Sh. B. B.
Agarwal, the then Chief Commissioner of Hyderabad Zone, made the interesting
study on this issue already submitted by him to the CBIC. No need to say that
the submissions made by Sh. B. B. Agarwal are required to be taken seriously
in the cadre restructuring and Central GST should be given functional parity
with the State GST for even better results from the angle of the Govt. revenue.
It is worth to reiterate that Central GST and State GST both are governed by
the one and same GST Council with the provisions of cross empowerment.
17. As on date, CBIC is having more than 10000 assesses per Range as
average. However, many Ranges are having even upto lacs assesses which is
really a terrible and unworkable situation putting unwarranted burden and
tension on our Superintendents who are already overburdened for the want of the
due helping hands and being always busy in preparing various reports leaving no
time for scrutiny, assessment, show cause notices, adjudication orders etc. and
any other important work. So, we need to have not more than 500 assessees (as
per original GST proposal, it was 250-300 assessees) per Range alongwith
required helping hands, if we expect smooth Range working. Likely, there should
be not more than 2500 assesses per Division alongwith sufficient manpower for
smooth working. No need to say that we need equal number or more manpower
particularly at Group ‘A’ entry level for Headquarters offices as well as
sufficiently high manpower for Customs formations. We will require additional
manpower at each level for Anti-evasion/Preventive, Audit,
anti-smuggling, anti-narcotics, seaports, ICDs, airports, SEZs, LCSs etc. work for smooth tax administration. The
Association requests that due care may kindly be taken in the cadre
restructuring for the same alongwith Customs work to create the sufficient
posts at Group ‘A’ entry level alongwith providing sufficient manpower at
Superintendent, Inspector and lower levels. The posts may also be created at
higher levels as per requirement keeping in strict view that these should not
be less than one third of the relevant feeder level as per govt. guidelines.
These guidelines may also be taken care for creating the posts at Group ‘A’
entry level meant for the promotion of Group ‘B’ gazetted officers. It is also
worth to mention that the Range level offices in the States having around 2000
assessees are manned by 14 to 20 officers including executive, ministerial and
executive staff. Thus, our Range should also be manned by 5 executive officers
at least alongwith other supporting staff. Very interestingly, the Range level
offices in the States have also been provided 2 to 3 vehicles (four wheelers)
per office. Accordingly, our Range office should also be provided at least with
one vehicle (four wheeler).
18. The State
governments have already upgraded the posts by one rank for their officers. But
no such measures have been taken for our officers despite of the repeated
requests of the Association. Even the pay scale of the Superintendent level
officers is equivalent to the Level-10 for the State GST officers since
beginning even before redesignation/upgradation. Thus, the CTOs (the counterparts of our Superintendents in State GST) have
already been re-designated/upgradaed as Asstt. Commissioner and also were
already placed in a pay scale equivalent to Level-10 even before re-designation/upgradation.The
posts above the CTOs have further been upgraded in the States as Deputy
Commissioner, Joint Commissioner, Addl. Commissioner and so on. This has
put our officers under a very awkward, demoralizing and embarrassing position
particularly in dealing with the trade who treat our officers junior to the
State GST officers despite of being of equivalent rank from the angle of GST
working which results into weak indirect tax administration in Centre in
comparison to the States. Not only it, we are also far behind the State
officers in the matter of infrastructure. So, the upgradation/redesignation of posts, enhancement of pay scales and
providing of due infrastructure are the instant works to be done in CBIC
even before going for the cadre restructuring. No need to reiterate that the same measures are required to be taken by
CBIC for our officers to avoid them facing the insulting and awkward situation
in comparison to the State officers in the interest of an equally strong tax
administration at Centre.
19. As far as the question of the responsibilities is concerned, the most
burdened categories of officers under the CGST are our Superintendents and
Asstt. Commissioners. Under the cadre restructuring, all grades of the officers
are required to be conferred with the responsibilities in proportion of their
ranks based on monetary limits like State GST and CBDT.
20. The Section Officers of CSS,
the counterparts of our Superintendents, were granted the time scale of Level-10 after completion of four years of service
under their cadre restructuring only in 2003 retrospectively w.e.f. 01.01.96
without recommendation of Pay Commission. Unfortunately, this time scale is
available to our Superintendents merely in Level-9. During the ensuing cadre
restructuring, our Superintendents should also be granted the benefit of the time scale of Level-10 with the
retrospective effect w.e.f. 01.01.96 like Section Officers without offsetting
with the MACP upgradation.
21. Like time scale, our officers
joining as Inspectors should also be granted Non-functional Financial Upgradation (also requiring no creation of posts) at par with the best placed
counterpart like CSS, CBDT, Customs etc. at least to provide them the financial
parity with the said counterparts. This can be done even independent of the
cadre restructuring or as the part of the cadre restructuring, being an issue
which has already been recommended at least on four occasions for our officers.
As per the minutes of the
meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt.
26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this position can
be reviewed after one year of the implementation of the cadre restructuring.
Meanwhile reference is being made to DOPT. But nothing done after that.
22. Not only it, the report of the
Stagnation Committee headed by Sh.
Balesh Kumar may also be implemented before taking the further steps/action
regarding the ensuing cadre restructuring.
23. A separate service for the officers joining the CBIC as Inspector at
Level-7 may also be created on the lines of CSS during the ensuing cadre
restructuring taking into account the temporary posts of Asstt. Commissioner (adding
due additional posts at Group ‘A’ entry level) and sufficient posts at each
level at least upto the grade of Commissioner in proportion of the strength of
CSS. Keeping in view the above-mentioned verdict
of the Hon’ble CAT in OA No. 684/2018 and also considering that the posts
of the Asstt. Commissioner and Deputy Commissioner are functionally same; our
Superintendents must also be promoted directly to STS post of Deputy
Commissioner like the most of their counterparts by converting the above said
posts of Asstt. Commissioner to Deputy Commissioner under the separate service.
Likewise, it may also be considered that the posts of the Joint Commissioner
and Addl. Commissioner are functionally same. So, after direct promotion to the
post of Deputy Commissioner, next promotion of our officers should be as Addl.
Commissioner in this separate service. Regarding separate service, it is also
worth to submit that a good number of posts of the Joint Secretary have been
kept reserved for CSS officers in their cadre restructuring. The creation of
the separate service for our officers without merging with IRS is also
essential to avoid the dilution of the stature of IRS, for which our CBIC
always seems to be the most worried. The separate service for our officers was also recommended by CBIC vide
F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures. The
draft RR’s for separate service had already been submitted to the CBIC by the
Association. The separate service for group ‘B’ officers has also been
recommended on various occasions by the CBIC and also by the IRS Officers
Association. It was also the part of the original proposal by the CBIC upto the
level of Commissioner which was reduced later even after final approval only
upto the level of Deputy Commissioner due to the reason known only to the CBIC.
It is also requested that the service may not kindly be diluted by making
recruitment of Inspector below Level-7.
24. For the due representation,
transparency and involvement of the Association, it is also necessary to be at least one member from the Association
in the cadre restructuring committee to finalise the things.
25. The existence of such
Directorates, which are revenue futile, may also be reviewed. Only the
Directorates, which are revenue fertile, should continue. The manpower engaged
in revenue futile Directorates may kindly be diverted to the field formations
to cope up the acute shortage of manpower in Central GST formations and such
Directorates should be winded up.
26. In addition to the
consideration of the above submissions/points, the following points may also be
given due consideration during or prior to cadre restructuring-
(i) Creation of Flexible
Complementary/Dynamic Assured Career Progression Scheme (FCS or
DACP) for our officers to grant them at
least 5 in-situ promotions which is also an already recommended issue vide
F.No. A-26017/154/2015-Ad.IIA Dt. 22.02.16 of CBEC and already existing in the
Department of Science & Technology as well as Department of Health.
(ii) Merger of Level-9 and 10 which is also an already recommended issue vide
F.No. A-26017/154/2015-Ad.IIA Dt. 22.02.16 of CBEC. Hon’ble
Madras High Court in Writ Petition
no. 11535/2014 with M.P No. 1/2014 decided on 16.10.14 has already upheld that
the Grade Pay of Rs. 5400/- in PB-2 (Level-9)& PB-3 (Level-10) is one and
the same level. The said judgment was finalized by the Hon’ble Apex Court in
Special Leave to Appeal (C) 15396
OF 2015.
(iii) Merger of group ‘B’ Executive non-gazetted
as well as gazetted categories as cadres in the Directorates under
CBIC have already been merged.
(iv) Merger of various Cadre Control Authorities under field formations to
remove regional disparities.
(v) Fulfillment of the
commitments made during the presentation made on last cadre restructuring
proposal on 18.01.11, which
couldn’t be covered during that cadre restructuring. As per the minutes
of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014
Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said
that this issue would be taken up
after implementation of cadre restructuring but nothing has been done.
(vi) Seniority
benefit on promotion to group ‘A’ in lieu of the service rendered in group ‘B’. As per the minutes of the
meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt.
26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue would be taken up after
implementation of cadre restructuring but nothing has been done.
(vii) Promoting all Superintendents completing
1.5 times of qualifying service on the lines of CSS. As per the minutes of the meeting held
on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and
dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue would be taken up after
implementation of cadre restructuring but nothing has been done.
(viii) Regularisation
of ad-hoc promotions based on the rules existing on the date of regularisation. As per the minutes of the meeting held
on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and
dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue would be taken up after
implementation of cadre restructuring but nothing has been done.
(ix) Conversion
of temporary posts of Asstt. Commissioner to regular/permanent keeping the same
intact for promotee officers forever and deletion of the clause that the
officers promoted against these posts would not be entitled for further
promotion. As per the minutes of the meeting held on
04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and
dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue would be taken up only after one
year of implementation of cadre restructuring but nothing has been done.
(x) Creation
of reserve pool posts, which couldn’t
be created in the last cadre restructuring. As per the minutes of the
meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt.
26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this position can
be reviewed after one year of the implementation of the cadre restructuring but nothing has been done.
(xi)
Time
scale after every 7 years to the officers after joining the job as Inspector. It was also recommended by CBIC vide
F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for our
officers.
No posts will be required to be created for the grant of time scale after every
7 years.
(xii) Notional promotions granting batch to batch parity to our officers
with the best placed common entry counterparts like Customs/CBDT/CSS etc. There
already exist so many legal verdicts in the favour of various employees of many
other organizations on notional promotions.
(xiii) Creation of supernumerary posts which will be personal to the
officer at each level of the promotion and will be abolished with the
retirement of the officer. There already exist so many legal verdicts in the
favour of various employees of many other organizations on supernumerary posts
too. The Hon’ble Supreme Court was also pleased to direct the CBIC to adopt
this measure in I. C. Joshi case.
(xiv) Direct promotion to higher post/s: Customs Ministerial
officers were promoted as Appraiser without working even for a single day on
the feeder post of Examiner. Likewise, our officers may also kindly be promoted
directly to the higher posts at par with common entry counterparts.
(xv) In-situ promotions (requiring no creation of posts) on
completion of residency periods as prescribed by DOPT under OM No.
AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector.
(xvi) Non-functional financial upgradation on completion of residency
periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt.
24.03.09 after joining as Inspector. No need to say that the same have been
prescribed by DOPT with due diligence and application of mind.
(xvii) Counting of service rendered on temporary post of Asstt. Commissioner
for further promotions.
(xviii) To promote our officers joining as Inspector to the post of Asstt.
Commissioner or Deputy Commissioner within the specified period of 4 or 7 years
respectively as prescribed by the DOPT.
(xix) Merger of the sanctioned strength of Assistant Commissioner and Deputy
Commissioner into one as already done in the case of Joint Commissioner and
Additional Commissioner, both categories being functionally same.
(xx) Earmarking of share of promotee officers upto the level of
Commissioner.
(xxi) Filling-up of all posts of Asstt.
Commissioner first by Central Excise Superintendents till they are placed at
par with the Customs in the matter of entry into group ‘A’.
(xxii) Removal of regional disparities in promotions.
(xxiii) Bringing measures independent of cadre
restructuring to remove the stagnation of our officers as approved by the
Cabinet at the time of approval of last cadre restructuring. It is to be
done prior to the ensuing cadre restructuring with effect from the date of
approval by the Cabinet.
(xxiv) Immediate implementation of in-situ promotion scheme as approved in
Board meeting of 18.02.11 with effect from date of its approval.
(xxv) Immediate implementation of the verdict given by the Principal Bench of the Hon’ble CAT in OA No. 2323/2012 prior to the ensuing cadre restructuring to
grant parity in promotions to the Central Excise/CGST Superintendents and
Inspectors at par with the intra-organisational counterparts.
(xxvi) The
promotion of the Central Excise/CGST Superintendent directly to STS post
(Deputy Commissioner) instead of JTS post (Asstt. Commissioner) like other
most of the Group ‘B’ gazetted counterparts of Central as well as State
Governments.
(xxvii) Upgradation of posts, enhancement of pay
scales and providing of due infrastructure under GST like
State Governments.
(xxviii) Conferring of the responsibilities to different levels in the
administrative hierarchy in proportion of the rank prescribing monetary
limits.
(xxix) Time scale of Level-10 after four years of service to our
Superintendents with retrospective effect from 01.01.98 like Sos of CSS without
offsetting with the MACP upgradation.
(xxx) Non-functional Financial Upgradation (also requiring no creation of posts) to our officers joining the
job as Inspector at par with the best placed counterpart like CSS, CBDT,
Customs etc.
(xxxi) Creation of separate service upto the level at least of
Commissioner for our officers.
(xxxii) Inclusion of at least one member from the Association in the cadre
restructuring committee to take final decisions.
27. In view of the above and the
Central Excise/CGST Superintendents being the most stagnated group ‘B’ gazetted
category of the govt. employees, it is requested that the cadre restructuring
may kindly be finalised taking due care of the career prospects of the officers
joining the job as Central Excise/CGST Inspector and also bring an immediate
device independent of cadre restructuring for the acutely stagnated Central
Excise Superintendents to retire them
at Level-14 & above granting them parity with their common entry
counterparts. This will not only enhance the promotional avenues for
these officers but will also increase the overall efficiency of indirect tax
administration in the interest of the revenue collection due to job
satisfaction.
28. It is also requested that-
(i) All of the earlier submissions
made by the Association since very beginning may kindly be given due
consideration alongwith the current submissions.
(ii) The cadre restructuring proposal
may also kindly be provided to the Association before finalization as well as
after finalization for relevant comments.
(iii) Meeting may also kindly be held with the
Association enabling to make due submissions in person.
29. The Association also seek
liberty to make due additional submissions based on the deliberations to be
made by the associated units & delegates in Associate Executive Committee
meeting of the Association being held on 27.06.26.
Thanking you,
Yours
sincerely,
(HARPAL SINGH),
Secretary
General.
Copy with the request for necessary action to:
(1) The Member (P&A), CBIC, New Delhi.
(2) The Chairman, CBIC, New Delhi.
(3) The Secretary, Department of Revenue, New Delhi.
(4) The Secretary, DOPT, New Delhi.
(5) The Cabinet Secretary, Govt. of India, New Delhi.
