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. 26/AIB/CR/24 Dt. 26.03.24
To,
The
Revenue Secretary,
North
Block,
New
Delhi.
Sub: Proposal for ensuing Cadre Restructuring of CBIC-reg.
Sir,
Kindly refer to the Ref. No.
165/AIB/R/23 Dt. 21.12.23 of the Association.
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 of Inspector 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 and Preventive
Officers (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. The last cadre
restructuring was also proved of no good to remove the acute stagnation
of the totally demoralized officers of ours (Central Excise 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 more than one decade 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. The ACPS/MACPS
is also unable to undo the gross injustice done to our officers. 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.
4. Our common
entry counterparts in CSS, CBDT, Customs, Rajya Sabha Secretariat etc. are
already attaining higher levels 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 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 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. While
submitting its 52nd report on 20.04.2012, the standing committee on finance had
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.
7. 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.
8. The direct
recruit 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 on 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 whereas the direct recruit IRS officers to the post of
Asstt. Commissioner (Level-10) are becoming Commissioner (Level-14) and
enjoying four promotions within 17 years span. 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 an independent
measure to remove the stagnation of our officers.
9. This parity is
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 of Level-14 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) after entry into job as
Inspector. 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 also.
10. 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 date of its approval independent of cadre
restructuring.
11. 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 only with
one promotion in their service career.
12. The officers
joining as Inspector are able at the most to enter group ‘A’ temporary post of
Asstt. Commissioner whereas the Examiners belonging to same cadre are becoming
Commissioner against regular post in CBIC. No such measures like Examiners have
been taken for the officers joining as Central Excise 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 more 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.
13. 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’
gazetted officer by doing away with the ratio system as was being done in the
past.
14. 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 while the Central Excise
Superintendents are allowed to be promoted (if any) merely to a junior group
‘A’ post. The CBIC has done nothing in this regards 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.
15. The CBIC is already short of revenue under GST due to the shortage of
working hands particularly at Group ‘A’ entry level in comparison to State GST.
The Finance Secretary also 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 which has already been 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.
16. As on date, CBIC is having 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. or for any
other important work. So, we need to have not more than 500 assessees per Range
alongwith 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 ensuing 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 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 per unit are manned by 14 to 20 officers including executive,
ministerial and executive staff. Thus, our Range should also be manned by 5
persons at least. 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).
17. 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. Thus, the CTOs (the counterparts of our
Superintendents in State GST) have already been re-designated/upgradaed as
Asstt. Commissioner and also already placed in a pay scale equivalent to
Level-10. 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 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 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.
18. 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.
19. 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.
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 like Section Officers without
offsetting with the MACP upgradation.
20. 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
counterparts 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 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 till date.
21. 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.
22. A separate service for the officers joining the CBIC as Inspector may
also be created on the lines of CSS during the ensuing cadre restructuring
taking into account the temporary posts of Asstt. Commissioner (+additional
posts to be created at Group ‘A’ entry level) and sufficient posts to be
creatted 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 may also be promoted directly to STS
post of Deputy Commissioner like many 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 and are not
required to be mentioned separately. Instead the grade of Addl. Commissioner
should be given as time scale in this service. In this regard, 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 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.
23. For the due representation 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.
24. 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 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. 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 the 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 will 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 will 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 will 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 will 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 in cadre
restructuring notification 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 will 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.
(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.
(xxiv) Immediate implementation of in-situ promotion scheme as approved in
Board meeting of 18.02.11 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. It will also
remove the regional disparities.
(xxvi) The
promotion of the Central Excise/CGST Superintendent to a STS post (Deputy
Commissioner) instead of JTS post (Asstt. Commissioner) like other 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 01.01.96 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 counterparts like CSS, CBDT,
Customs etc.
(xxxi) Creation of separate service upto the level of Commissioner for our
officers.
(xxxii) Inclusion of at least one member from the Association in the cadre
restructuring committee.
25. 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-13 & 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. As the cadre
restructuring proposal is being reframed, it is also requested to consult
the Association on the issue, the members of the Association being the
important stake holders in the matter.
Thanking you,
Yours sincerely,
(HARPAL SINGH),
Secretary General.
Copy with the request for necessary action and also
to consult the Association:
(1)
The Secretary, DOPT, North Block, New
Delhi.
(2)
The Cabinet Secretary, President House,
New Delhi.
