SUBMISSIONS MADE TO 8TH CPC BY
AIACTGEO
Answer
to Q 1:
(A) PAY SCALE FOR CENTRAL GST
SUPERINTENDENT: Central GST executive officers are
backbone of Govt playing very important role in implementing GST policies and
programs to ensure that the same reaches the citizens throughout the country to
ease business and earn maximum revenue for Govt but very unfortunately they are
lacking due pay packages & career prospects. They are looking after work of
Central GST, IGST, land & air Customs etc. Pay is the foundation of dignity,
motivation & efficiency in Public Service. 8th CPC must kindly
ensure that real wages are protected and reasonably enhanced and not merely
adjusted. Central GST Superintendent should get at least the pay being received
and to be received by their counterparts of State GST and also counterparts of
CBI, IB etc. having historic parity, if not more than them. The Hon’ble
Supreme Court in the judgment dated 09.11.2023 passed in Civil Appeal No. 1663
of 2016 also held that employees with historical pay parity have to be
treated at par without discrimination.
Superintendent of Central GST is a Group B
Executive Gazetted post in the hierarchy of CBIC and has been placed far behind
in the matter of pay & career prospects in comparison to other analogous
counterparts in CBI, IB, Enforcement Directorate, CSS, DANICS, DANIPS, Customs cadres
etc. despite having well established historic parity with them and despite
performing the most important work of maximum revenue collection for govt and
also performing works like intelligence, investigation, enforcement, arrest,
prosecution, adjudication etc. Thus, the work of the Superintendent requires
specific expertise. The officers from no other department are entitled to work
on this post on deputation for the want of the required specific expertise
whereas Superintendent of GST is entitled to go on deputation to other
departments because of having all round expertise & required knowledge.
Every Superintendent performs his/her work responsibilities at the cost of life
of self as well as family being countered with the hardcore & dreaded
smugglers, white collared criminals, chronic habitual offenders of law etc.
including other hard core criminals. Superintendents are dealing with and are
responsible for strict implementation of several Acts having bearing on levy &
collection of revenue. A few of such Acts are annexed as pdf as Document 1.
The jobs performed by Superintendents in
the fields for prevention of smuggling and fighting against smugglers &
drug traffickers both on land & boarders entail risk of life and are
completely hazardous & arduous by any standards. Their duties &
responsibilities are more hazardous & arduous than DSP/ASP of CBI &
DCIO/AD of IB or any comparable post of any other Department. The salary of any officer should commensurate with his/her job. 5th CPC
also expressed its view that equal pay for equal work,
fair comparison & intrinsic value of job should be the major
principles/criteria for pay determination.
Superintendents of
Central GST (earlier Central Excise & Service Tax) have been discriminated
against the similarly placed officers working in other departments in the
matter of pay scale & career prospects
both. The importance of an efficient workforce for tax
administration is well recognized by different tax reform committees including Dr. Raja Chaliah committee. The said committee
in para 10.2 observed that the Govt
should recognize the paramount importance of Revenue Department and should
spare no efforts in improving their conditions of service, technical skill and work environment. Further in para 10.3, the committee observing and taking into account the vital role of the Revenue
Department played in garnering adequate
resources for ensuring the security of the Country as well as substantial
economic growth with social
justice recommended that the salary scales and promotional prospect of the officers and staff in the Revenue Department should
at least be comparable with the best
that Govt offers to its employees. But
very unfortunately, no consideration has been given to above recommendations. In many developed countries, Revenue Officers are
treated differently in the matter of pay and other benefits.
The parity of Central GST Superintendent
in pay scales has been disturbed by govt with various
analogous/comparable/equivalent cadres/posts despite of the recommendations of
the various pay commissions starting from 1st to maintain parity
like DSP of CBI, DCIO of IB, Section Officer of CSS in matter of time scale, Group ‘B’ gazetted officers of DANICS &
DANIPS in matter of time scale, Chief Enforcement Officer, Senior
Audit/Accounts Officers etc. and despite of having well established historic
parity in pay. They have also been discriminated in r/o Group B gazetted
officers of state GST and other state services who are also getting higher pay
scales than them. The comparable & analogous Group B Gazetted
officers of various States GST are being placed since very beginning in an
initial pay scale of Rs. 8000-13500 equivalent to Level 10 but, very
disappointingly, the Central GST Superintendents are being placed merely in a
pay scale equivalent to Level 8. If the Group B Gazetted officers of
State GST have been getting a pay scale of Level 10 or its equivalent, it is
gross injustice to the Central GST Group B Gazetted officers, i.e.,
Superintendents of Central GST, to grant them a lower pay scale. Both
categories are doing same job under GST with provisions of cross empowerment
governed by one & same GST council. Rather, Central GST Superintendents are
doing more work including IGST, Customs, Central Excise legacy work etc. Not
only higher scale, Group B Gazetted officers of State GST were later were
upgraded in designation by one step by the method of redesignation.
Central GST
Superintendents are not only performing the executive & administrative
duties but they are also performing the judicial duties which are not being
performed by any of the Group B gazetted officers or above mentioned central
govt counterparts of them. They are doing the work of Executive Officer, Preventive
Officer, Administrative Officer, Assessing Officer, Registration Granting Authority, Examining
Authority, Quasi-Judicial Authority, Summons issuing & Statements recording
Authority (statement recorded before them is a valid evidence in a Court like a
Magistrate unlike recorded by Police Authority), Controller of Drug Trafficking & Smuggling, Accountant,
Chemist, Advocate, Judge, Scientist, Technical Officer, Police Officer etc. due to their work profile requiring high expertise. Keeping
in view the nature of their duties & work responsibilities, they certainly
deserve the better treatment than any of their counterparts in the matters of
pay & career prospects.
Ministry of Finance has clearly stated,
"in no two organisations, the assigned
duties of comparable posts can be totally identical and so is in the case with Gazetted Executive Officers of CBI,
IB, Central Police Organisations, Enforcement
Directorate, Customs, Income Tax & Central Excise. However, 1st,
2nd, 3rd, 4th
& 5th CPCs have established the comparable nature of the level of responsibilities assigned to the Gazetted
Executive officers of each of the categories
mentioned above by assigning identical pay scales to them. This was also upheld by the High Power Committee set up by the
then Finance Minister on the subject.” Report of High Power Committee is at pdf
as Document 2.
Pay scale of Deputy Superintendent (DSP) of CBI was
upgraded without recommendation of CPC by the Govt during 1996 retrospectively from 01.01.86 equivalent to GP of Rs.
5400/- in PB3. Pay scale of DCIO of IB was also upgraded by Govt during 1996 to same level. Chief Enforcement Officers
have also been placed under a pay scale of Rs.
8000-13500/-. All above three pay enhancements were done by disturbing well established historic parity and without
upgrading the pay scale of analogous post
of Superintendent of Central Excise/GST. Chief Enforcement Officer and Central Excise/GST Superintendent
were not placed under same pay scale despite of the very specific
recommendations of 6th CPC in para 7.15.24 that their parity is well
established and should be maintained in future too. Therefore, Superintendent of Central Excise/GST, being an analogous
post to Deputy Superintendent of CBI
etc., is entitled to get the pay scale
equivalent to them w.e.f. the date of disturbing the historic parity. Post of
Inspector of Central Excise/GST is feeder grade for the post of Superintendent of Central Excise/GST and, likewise,
Inspector of CBI is feeder grade for
the post of Deputy Superintendent of CBI. The Govt has granted pay scale of
Level 8 to Inspector of CBI. Hence,
there is no justification of keeping Central GST Superintendent under a pay
scale of Level 8.
Personnel of Central GST & Customs are
deployed on borders (Pakistan, Bangladesh, Nepal, China, Myanmar etc.),
International Airports and International Sea Ports. They are also actively
engaged in counter insurgency operations against dreaded smugglers, hard core
criminals etc. within the country and have suffered heavy casualties while
dealing with trans-border crimes and countering with dreaded smugglers. Their
duties are akin to Army and they are responsible not only for guarding the
Economic borders of the Country but also for security of the Nation. In fact,
in J & K and North Eastern states of India, they are deployed side by side
with Army, BSF, CRPF & ITBP on same location. They perform their duties in
the most adverse conditions coupled with threat to lives of them & their
families by enemy action, insurgents, dreaded smugglers, hard core criminals &
the climatic hazards. In spite of the fact that their service conditions are
akin to Central Police Organisations, CBI, IB & Defence Armed Forces, they
are not compensated with any additional incentives or allowances as in the case
of CBI, IB, Police, Army etc.
Superintendent of Central GST is analogous
to the post of Deputy Superintendent of CBI & DCIO of IB but the higher
benefits granted to later ones apart from higher Group A salary, one month
additional pay in the year, 25% extra salary per month etc. are not granted to
Superintendent of Central Excise/GST. The
decision of the Govt placing DSP of CBI & DCIO of IB etc. above the Superintendent of Central GST was discriminatory, arbitrary, illegal & unjust and carried no reason or
substance. Historic parity was ultimately broken by such unwarranted decision of Govt. In the case No. Appeal (Civil) 5866 of 2000 of the
State of Utter Pradesh Vs. UP Sales Tax Officers Grade II Association, the
Hon’ble Supreme Court ruled, "Officers who were carrying pre-revised scale could not have
been discriminated vis-a-vis the officers who also carried the same pre-revised
scale of pay". High Power Committee has already stated that there was no change in the duties and
responsibilities of CBI officers with effect from 01.01.1986. Therefore, there
was no justification not to enhance the pay scale of Superintendent of Central
GST at par with the DSP of CBI etc.
from the same date with all perks & incentives etc. given to DSP of CBI.
High Power Committee
report dated 03.08.1998 unequivocally held the post of the Superintendent of Central Excise/GST as analogous &
comparable to the post of DSP of CBI &
DCIO of IB but a lower scale of Rs.7500-12000 instead of
Rs. 8000-13500 was recommended for the
Superintendent on the ground that the
Customs Appraisers are recruited through the same Civil Service Examination by which Group A IRS officers are
recruited and giving the pay scale of Rs. 8000-13500 to them alongwith
the Superintendent of Central Excise/GST will create difficulty from the operational point
of view in the matter of fitting them into overall structure of the department.
In this regard, it is worth to submit that the provisions of direct recruitment
of Appraisers have already been abolished in the year 2001 vide
Union Cabinet order F. No. A-568(1)
OMS/ 2001 dated 03.08.01, i.e., after submission of High Power Committee report.
As the direct recruitment of Appraiser
has already been abolished, there should have been no difficulty in retaining
the parity in the pay scales of
analogous posts of Central Excise/GST Superintendent and DSP of CBI by granting
the pay scale of Rs. 8000-13500/equivalent to the Superintendent of Central
Excise/GST from the date since when it was given to earlier category.
Another reason cited for not granting the scale of Rs.
8000-13500 to Superintendent though granted
to other analogous posts was that the same would disturb the horizontal
relativity since Superintendent is feeder cadre
to organized Group A service bearing pay scale of Rs. 8000-13500. If that be the reason, a de-linked service for the officers joining in the
scale of Inspector should have been
created interfacing above the present level of Assistant Commissioner.
Superintendent of Central Excise/GST may be promoted directly to STS post of Deputy Commissioner like many other
departments of Central Govt. including CSS, DANICS, DANIPS, CPWD etc. as well
as State governments where Group B gazetted officers are directly promoted to
STS post. The JTS post of Assistant Commissioner should only be
earmarked for direct Group A officers recruited through UPSC. The system of a
parallel service is already in vogue in CSS,
DANIPS, DANICS, CPWD, State Services etc. where officers belonging to Group B
move parallel alongwith officers of All India Service/Organized Group A
Service upto a certain level and then interface with them.
In view of above submissions, Central
Excise/GST Superintendent deserve and should kindly be granted the pay scale of
the analogous post of DSP of CBI etc. alongwith other perks and benefits w.e.f.
the date since when the same was granted to the latter category. This will also maintain historic
parity including with DCIO of IB, Chief Enforcement Officer & State GST
counterparts.
The observations of the Hon’ble Supreme
Court in Bhupendra Nath Hazarika Vs State of Assam highlights that the
legitimate aspirations of employees should not be frustrated and that the govt
must act as a model employer by ensuring fairness, trust and transparency in
its treatment to employees. The current Minimum Pay is inadequate and must
ensure a decent standard of living and not mere subsistence. Accordingly, minimum
pay should be Rs. 80,000 & fitment formula for the existing employees
and pensioners should be at least 4.
Rate of annual increment
should be increased from the existing 3% to at least 6%. Level 9 & Level
10 pay scale should be merged into one pay scale at level 10 and Central
GST Superintendents should be placed in this scale at least.
The gap between minimum and maximum pay
should be balanced to avoid excess disparity. The ratio should not be more
than 1:10. This will help in reducing income inequality, improving morale and
reinforcing the Govt role as a model employer committed to fairness & social
justice. There should not be wide gaps between pay scales to maintain
structural balance. There is
a strong need for periodic pay & pension revision, ideally every five
years, to maintain adequacy & relevance. The 7th CPC
under Para 1.29 emphasized that govt service is not merely contractual but
carries a status with expectations of fairness & dignity. Further, the
Hon’ble Supreme Court in Bhupendra Nath Hazarika vs State of Assam
observed that legitimate aspirations of employees should not be frustrated,
Govt must act as a model employer and fairness, transparency & trust must
guide employer-employee relations.
Fixation
of salaries & allowances should not be guided solely by revenue expenditure
considerations. It must take into account their critical role in nation
building, need to attract & retain talent and broader economic benefits of
higher wages. A fair, transparent & dynamic pay structure supported by a
permanent pay review mechanism is essential to ensure motivated, efficient &
accountable public service. All Central Govt employees may be exempted from Professional
Tax as already the employees are subjected to payment of Income Tax and GST
etc. 8th CPC may also kindly recommend for exemption of Income
Tax from the pensioners who are forced to survive with about 1/3rd
of salary as pension for the want of various allowances and & magnitude of
basic pay as basic pension. Accordingly, family pensioners are forced to
survive even with 1/6th of salary as family pension.
(B) TIME SCALE TO CENTRAL
GST SUPERITENDENTS: The time scale has been granted in
PB3 to other counterparts including CSS, CSSS, Railways, DANICS, DANIPS etc.
while it is merely in PB2 for Central Excise/GST Superintendents. It was granted to CSS, CSSS etc. officers since 1996 in 5400
PB3/equivalent scale whereas since 2006 in 5400 PB2 to Central Excise/GST
Superintendents in a very discriminatory manner. Superintendents of Central Excise/GST were placed under the pay
scale of Rs.7500-12000 w.e.f. 21.04.04 while the officers of CSS & CSSS
were placed under the equivalent scale w.e.f. 01.01.06 to bring them at par
with Superintendents justifying the stronger claim for Superintendents to be
placed under a time scale in PB3 w.e.f. the date since when the officers of CSS
& CSSS were placed under the Group A time scale of Rs.8000-13500 to
maintain the historic parity. The claim of the Superintendents becomes even
stronger on account of the judicial responsibilities conferred on them to
adjudicate cases & recording statements like a Magistrate having validity
even before the Supreme Court. No such responsibility has been conferred on any
Group B Gazetted officer of Central Govt.
Officers
of equal rank & status of Department of Revenue working in CBIC have not
been treated at par with officers of equal status & rank of CSS working on
analogous posts in headquarters offices and having historic parity despite of 6th
CPC recommendations for equal treatment to Hqrs and field officers vide chapter
3.1 of its report. Due to this disparity & discrimination, the officers
joining as the Inspector of Central Excise/GST get first MACP upgradation in
the GP of Rs.4800/Level 8. They get 2nd MACP upgradation or time
scale in GP of Rs.5400 in PB-2/Level 9 which is counted as one MACP upgradation
without any valid reason and despite of fact that nothing such was recommended
by CPC or notified in gazette notification by govt or mentioned in MACP OM.
After completion of 30 years of service, they get the 3rd MACP upgradation in
same grade pay of Rs.5400 in PB-3 (now Level 10) while they were able to get the
same only after 24 years of service under the original scheme of ACP. On the
contrary, their common entry counterparts of CSS and other organisations are
able to get higher GP of Rs. 6600/Level 11 or 7600/Level 12 under MACPS after
completion of 30 years.
Reason
of this serious disparity is the direct promotion of group B gazetted officers
of CPWD, CSS & CSSS etc. to a post in GP of Rs. 6600/Level 11 contrary to
the promotion of group B gazetted officers of field formations under CBIC to
merely a post in a GP of Rs. 5400/Level 10. This disparity also needs an immediate remedy by promoting the
Superintendents directly to a post in GP of Rs. 6600/Level 11.
Govt created two classes in the grade of
Superintendent without considering recommendations in para 7.15.24 of 6th CPC. Pay
scale of Rs. 7500-12000 revised to GP of Rs. 4800/- in PB-2 to the
Superintendents having less than 4 years of service and GP of Rs. 5400 in PB-2
to having completed 4 years of service w.e.f. 01.01.06. It is, therefore, requested to award
the GP Rs. 5400 in PB-3, i.e., Level 10 to them at par with DSP of CBI etc.
with a provision to grant next higher GP/pay scale of Level 11 as Time Scale on
completion of 4 years of service since the
date of grant of initial pay scale of Rs. 8000-13500 to DSP of CBI.
Answer
to Q 2:
All
allowances including DA must remain fully indexed to inflation. All allowances
should be linked with DA rise for automatic adjustment with inflation. Allowances
are essential components of compensation and must be protected and periodically
revised.
(A)
Dearness Allowance: The actual price is not taken into account
while calculating the Consumer Price Index (AICPI) as there are about 463 items
which are used for arriving the Consumer Price Index, if the few items’ price
rise takes place and other items show negative Price Rise, as a whole its
effects get neutralized. The present calculation of average 12 months should be
replaced by 6 months average as the DA is paid once in 6 months. The
consumption pattern of Central Govt employees differs from that of industrial
workers. Therefore, a separate consumption basket representing govt employees
should be constructed with appropriate weights for essential expenditure heads
such as food, housing, education, healthcare, transportation etc. Price data
should be collected from open retail markets and cooperative outlets to ensure
that the index reflects the actual prices paid by consumers rather than
administratively determined prices.
Point to point DA should be provided as
now DA is rounded off to lowest value. If the employees are eligible for 55.95
% DA, the DA sanctioned is only 55% DA. The prices should be calculated based
on Market Rates and not on Govt Rates which varies up to 25%. 8th
CPC may kindly recommend to merge, if the DA/DR crosses 25% with Basic Pay and
Basic Pension.
(B)
Allowance Related to Qualifications: Any Central Govt Employee
acquiring Additional Qualification over and above the prescribed qualification
for the concerned post as per RRs may be given 10% of Basic Pay as Additional
Qualification Allowance.
(C)
Allowance Related to Additional Duty or Extra Duty or Working on Holidays, etc.
Due
to shortage of manpower and to meet the targets in all offices, employees are
asked to overstay and work for additional hours without any compensation.
Employees who are governed under the Factories Act 1948 are entitled for OT
Wages at double the rate for extra hour. Employees who are not governed under
the Factories Act 1948 may also be provided Overtime at double Rate on their
Basic Pay and DA for every hour of extra work done over and above the actual
working hours. Additional post allowance may also be paid at the rate of
at least 15% of basic pay and DA for every additional charge.
(D)
House Rent Allowance (HRA): In view of the sharp rise
in Housing costs and the mismatch between HRA and the actual prevailing Market
Rent the following revision are proposed.
|
Population
of Cities
|
Class
of City
|
Proposed
of HRA (% of Basic Pay)
|
|
50 Lakhs and
above
|
X
|
40%
|
|
5-50 Lakhs
|
Y
|
35%
|
|
Below 5 Lakhs
|
Z
|
30%
|
Further, HRA should be indexed to Dearness
Allowance so that it automatically adjusts with inflation. The Classification
of cities should also be reviewed every Five Years to reflect changing
population and housing conditions.
Payment of HRA to the Pensioners &
family pensioners may also kindly be considered since they are facing
hardships to lead a decent life after the retirement since a major portion of
the pension is utilized for paying House Rent and medical treatment.
(E)
Allowance Related to Risk and Hardship: The employees working in
Central GST, Customs, Railways, Defence Industries
Manufacturing/repairing/Servicing/Handling of Arms, Ammunition, Chemicals,
Weapons etc. are subjected to High Risk and Hazards due to their nature of
work. It is worth to mention that the personnel working in Central GST and
Customs always have threats to life and property of self and family from
hardcore criminals, smugglers and white collar criminals. All of such employees
may kindly be paid Minimum Rs.10,000/- per month as Risk and Hardship Allowance
and the same should be linked with DA rise, so that it automatically adjusts
with inflation.
(F)
Transport Allowance: The 8th CPC may consider
increasing the Transport Allowance by at least three times of the existing
rates and also consider for restoration of City Compensatory Allowance
which was abolished. The same should be linked with DA rise, so that it
automatically adjusts with inflation.
(G)
Travelling Allowance/Conveyance Allowance: In majority
occasions, employees are deputed on duty in short notice and they struggle for
getting confirmed reservation in their entitled class in the Train. Therefore,
all Central Government Employees irrespective of the post/grade should be made
eligible for Air Travel while deputed on Temporary Duty. Similarly, all
employees should be entitled for AC Taxi for Road Travel as Non AC vehicles are
not available and the weather conditions are very acute now a days.
(H)
Daily Allowance: Considering the steep escalation in
Hotel Tariffs, Food Costs etc., the existing rate of Daily Allowance may be
increased at least by three times and the same should be linked with DA rise,
so that it automatically adjusts with inflation.
(I)
Hospital Patient Care Allowance/Patient Care Allowance/Nursing Allowance: This allowance may be enhanced by at least 3
times and the left out categories working in hospitals/dispensaries such as
Industrial employees and Ministerial Staff etc may also be included. The same
may be linked with DA increase.
(J)
Cooking Allowance: At present Cooks working in Departmental
Canteens are paid Rs.1000 per month as cooking allowance. However the same is
not being paid to the cooks of Industrial Canteens/Statutory Canteens etc. This
allowance may kindly be enhanced to at least Rs. 3000 and the same may be
extended to all cooks of Central Government without any discrimination. The
same may be linked with DA increase
(K)
Allowance related to Sports: Regular participation in
sports improves physical fitness, reduces lifestyle diseases, enhances mental
resilience and lowers stress levels. A healthier workforce leads to reduced
absenteeism, improved efficiency and concentration and lower long-term
healthcare expenditure. Govt service often involves high levels of
responsibilities, public interaction and administrative pressure. Sports
activities provide a constructive outlet for stress improving morale and
work-life balance. A structured sports allowance encourages employees to
maintain a healthy balance between professional duties and personal well-being
leading to higher job satisfaction.
The existing limit of not more than 5
additional increments during entire service for Sports Persons achieving
laurels at National & International Level may be removed and every time
sports person achieves such laurels, additional increments may be given without
any restriction. The existing incentive being granted to the Team Managers,
Coach, Masseurs, Doctors etc may be enhanced at least by three times.
(L)
Dress Allowance: Dress allowance may be provided to all
Central Govt Employees including Industrial Employees and the existing rate may
be increased at least by three times and same should be linked with DA rise, so
that it automatically adjusts with inflation.
(M)
Night Duty Allowance: Night Duty Allowance should be paid
on the actual Basic Pay and DA of the Central Govt Employees without imposing
any Basic Pay ceiling as decided by the Hon’ble Supreme Court.
(N)
Children Education Allowances: CEA may kindly be reimbursed
upto Post Graduation level in Arts, Science, Commerce and in all Professional
Courses like MBA, MBBS, MD, MS, B Tech, M Tech etc. on actual basis considering
the highly escalating cost of education, hostel fees etc. and also the most of
the schools mandate that uniform/note books/text books etc should be purchased
from them directly which is significantly higher than market price. Hostel
subsidy may also be on actual basis. CEA and Hostel Subsidy should be linked
with DA rise, so that it automatically adjusts with inflation. Hostel subsidy may also be extended if the children
study in a particular school but staying in a different Hostel. At present,
only two surviving children are eligible for CEA. There are cases that a child
is physically/mentally incapacitated to attend school and due to various other
reasons. In such cases if a third child is there, that child may also be
granted CEA. As regards Divyang Children, reimbursement should be double the
above amount proposed for normal children.
(O)
Special Allowance for Child Care to woman with disability: The
existing special allowance for child care to woman with disability may be
increased by three times and same should be linked with DA Increase.
(P)
Special Allowance and CCL for Central Govt Employees having Children with
Attention Deficit Hyperactivity Disorder (ADHD), other Neurological Disorders
and physically incapacitated etc: Considering the increase
in such children, the parents of such children may be provided a monthly
Special Care Allowance of at least Rs.30000 and an entitlement of CCL for
Female/Male employees even if the spouse is not employee.
Answer
to Q 3:
Considering the High Interest Rate being
charged by the Nationalized Bank and other Private Banks for various Loans,
Central Govt Employees as a welfare measure may kindly be given various
advances without any interest including those advances which are withdrawn.
Govt as a model employer should not recover any interest from its own employees
for the various essential advances given to them.
(A)
Personal Computer Advance: All the Govt Employees irrespective
of rank and grade may kindly be given Personal Computer Advance as per the
actual cost subject to a maximum upto Rs.250000. This advance should be
interest free.
(B)
House Building Advance: Non-Availability of Housing
Accommodation in all Towns and Cities of India has become a major problem. The
rent per month even for a modest accommodation is beyond the capacity of the
Govt Employees. House Building advance encourages the employees to construct
own house at fairly early stage of employment. Therefore, considering the
escalating cost of housing in the Country, the HBA may kindly be sanctioned as
actual cost of the house/flat subject to the maximum of Rupees Five Crores. The
entire advance may be interest free. In case of sudden death of the employee,
as many state government are doing, the recovery of the balance amount of HBA
should be written off and no recovery should be made from the Terminal Benefits
of the family of deceased employees. Same benefit may be extended to those
employees who are medically invalidated/boarded out from service due to
medical/health reasons.
(C)
Four Wheeler Advance: At present, Four Wheeler is not
considered to be a luxury, rather it has become an essential vehicle for
everybody to travel with family. Therefore, interest free Four-Wheeler Advance
with a maximum of Rs.2000000 may kindly be sanctioned.
(D)
Natural Calamity Advance: Different parts of the country are
facing Natural Calamity due to unprecedented rains, floods, cyclone and drought
etc., Previously, the Central Govt Employees were eligible for Natural Calamity
Advance. However, the same has been withdrawn. The Natural Calamity Advance
without interest may kindly be restored. At least One month Basic Pay to be
recovered in 24 instalments may kindly be recommended.
(E)
Festival Advance: In the Standing Committee Meeting of the
National Council (JCM), it was agreed by the official side to consider the
restoration of the Festival Advance. However, the same has not been restored
yet. In a country like ours, every religion/community has to make festival
celebrations etc. Considering the expenditure involved in all these festival
celebrations, the restoration of Festival Advance equivalent to one month Basic
Pay to be recovered in 24 instalments may kindly be recommended.
Answer
to Q 4:
Various Facilities are the back bone of
the social security and must be strengthened. Facilities ensure dignity, reduce
stress and improve productivity. Strengthening them supports an efficient work
force.
(A)
Leave: A fair and human leave policy is essential for
maintaining the physical, mental & social well-being of employees. Govt
employees work under demanding administrative conditions and often face social,
family & health related responsibilities. Therefore, the leave framework
should adequately support employees in managing personal contingencies while
maintaining work place productivity.
(i)
Casual Leave: Casual Leave to be restored to 12 days
per year for all Central Govt Employees. For employees working in Industrial
Establishment and entitled for 16 Holidays (including 3 compulsory holidays) in
a year should be entitled for 15 days per year.
(ii)
Earned Leave: The present ceiling of Earned Leave (EL)
accumulation may be removed and encashment may be enhanced from the existing
300 days to 600 days. The Govt employee may be permitted to encash part of such
accumulated leave say 50% to meet certain financial exigencies if he/she has
put in 20 years of service or more. Ex-service men after joining as civilian
employee should also be permitted encashment of EL as above. 20 days EL
encashment may be allowed every time the employees avail LTC.
(iii)
Half Pay Leave: The
Half Pay Leaves at the credit of an employees may be allowed to be encashed at
the time of superannuation/retirement in full..
Half Pay Leave may kindly be permitted to be commuted without condition
of producing Medical Certificate.
(iv)
Maternity Leave: The
entitlement of Maternity Leave may be increased to 240 days and the restriction
imposed to only 2 surviving children may be withdrawn in accordance with the
Maternity Benefit (Amendment) Act 2017. In case of surrogacy, it should be 240
days for both the surrogate and the commissioning mother with upto two
surviving children if either or both are Govt Servants. Miscarriage/abortion
leave should be enhanced to 120 days in the entire service.
(v)
Special Maternity Leave: It may be increased to 120 days from
the date of expiry of the child. In case maternity leave has already been
availed and her leave continues till the date of expiry of child, the Maternity
Leave already availed till the death of the child may be allowed and thereafter
the Special Maternity Leave of 120 days may be granted from the date of expiry
of child. All other existing conditions may be removed.
(vi)
Paternity Leave: Male Govt servant without any
restriction of the number of children may be sanctioned 45 days Paternity Leave
before or upto 6 months from the date of delivery of the child and for 45 days
within 6 months from the date of adopting the child.
(vii)
Leave to female Govt Servant on adoption of Child: Present limit of 180 days may be
increased to 240 days. The limit of adoption of one year child may be increased
to at least Five-year child.
(viii)
Child Care Leave: The condition of 2 surviving children
for availing CCL may be removed. CCL may be granted for at least 6 spells in a
calendar year and in case of single female Govt employee, the grant of leave
shall be extended to 12 spells in calendar year. The age limit of the children
for grant of CCL may be enhanced from 18 years to 25 years age since upto this
age children are dependent on the parentss in the most of the cases. The condition imposed that CCL salary shall
be paid at 80% instead of 100% for the next 365 days should be removed. No
restriction should be imposed on age of the child for grant of the leave
especially in the case of children with mental or physical disabilities or of
prolonged illness. A women employee also must be allowed to avail the CCL for
her own biological disorders.
(ix)
Work related illness and injury leave: The condition that in
the case of persons to whom the Workman Compensation Act 1923 applies the
amount of leave salary payable under WRIIL shall be reduced by the amount of
compensation payable under the Act and no earned leave or half pay leave will
be credited during the period that the employees is on WRIIL may be withdrawn
because it is causing hardship to the employees for no fault of theirs.
(x)
Special Leave for Union/Association activities and other purposes: The
existing ceiling limit for grant of Special Casual Leave may kindly be removed.
Special Casual Leave for differently abled Central Govt Employees may be
increased from the present 10 days in a Calendar Year to 20 days. Special
Casual Leave may also kindly be sanctioned for Central Govt Employees who are Cancer
Patients and subjected to Chemotherapy/Radiotherapy. The employees who are
subjected to Dialysis may also be granted 45 days Special Casual Leave
in a year.
(xi)
Menstrual Leave: To support the health and wellbeing of
women employees, three days of special leave per month may be granted in
connection with the menstrual cycle. Some states, such as Karnataka and Kerala,
introduced policies in 2025 providing paid menstrual leave per month for women
employees in both public and private sectors. Similar progressive provisions
may kindly be considered for Central Govt Employees.
(xii)
Parents Care Leave: Considering the provisions of Maintenance
and Welfare of Senior Citizens Act 2007 and also the fact that it is the duty
of the children to take care of their parents especially when they are at their
ripe age and facing health related and old age related problems, 60 days parent
care leave during the entire service may kindly be recommended.
(xiii)
Special Leave for Hysterectomy: Many women employees
undergo Hysterectomy particularly after the age of 40 which requires adequate
recovery time. A provision for one month of special leave may be introduced to
support women employees undergoing this medical procedure.
(B)
Late attendance to be cumulatively calculated for deduction of Half Day CL: At
present Half Day CL is debited from the CL account for each late attendance
upto an hour for not more than 2 occasions in a month. Considering the present
huge traffic conditions in almost all the cities and also the fact that
Biometric attendance system is implemented in all the Central Govt
Establishments, the above provision may be amended that late attendance upto 180
minutes (3 Hours) in a month may be condoned. Half day CL may be deducted for
late attendance after this 180 minutes grace period, if the employees is late
on three occasions.
(C)
Holidays: Other then three National Holidays all other holidays
may be left to the State Level Central Govt Employees Welfare Committees to
decide aligningwith the particular state Govt holidays and cultural needs.
(D)
Leave Travel Concession (LTC): It is a facility which
encourages employees to take holidays to visit various places which will
rejuvenate them and the Govt will be benefited through their increased
productivity. Certain further relaxations and improvements may kindly be made
in the existing LTC Scheme such as:
a) LTC to Home Town should be admissible
once in a year.
b) LTC to visit any place in India should be
in a Block of two years instead of four years. LTC to visit any place out of
India should also be allowed in a Block of 8 years.
c) LTC by Air may be permitted from the
nearest Airport to the Office/Duty Spot/residence to travel anywhere in India
to all Central Govt Employees.
d) Employees after 20 years of service may
be granted LTC on two occasions before retirement to visit foreign countries.
e) Parents in Law also may be extended the
benefit of LTC as family member.
f) 20 days
EL encashment may be allowed whenever the employees avail LTC.
g) The pensioners may also be allowed to avail
LTC in every two years block anywhere in the country and at least twice
anywhere in the world after retirement.
(E) Group Insurance
including CGEGIS: Despite the recommendations of 5th,
6th & 7th CPC to enhance the insurance coverage
government did not change the scheme at all. So, the rate of insurance cover
may kindly be changed as under:
|
Category
|
Rate of Subscription per month
|
Insurance Cover
|
|
Group A
|
Rs.3000
|
Rs. 3 Crore
|
|
Group B
|
Rs.1500
|
Rs.1.50 Crore
|
|
Group C
|
Rs.1000
|
Rs.1 Crore
|
(F) Ex gratia for employees
killed in accident while on duty: At present the Central
Govt Employees who die in the performance of their Bonified Official duties due
to accidents is Rs 25 lac. In the Defence Industries especially in Ordnance
Factories, the employees are dealing with Arms, Ammunition, Explosive, RDX and
various other hazardous materials including Acids and Chemicals etc. These
accidents take place frequently and there are many fatal accidents which took
place during the past few years. However, employees killed in these accidents
while performing their duty are paid only Rupees 25 Lac as Ex-Gratia. This is
not a proper compensation for a worker who sacrificed his/her life for the Nation.
Similarly, in Railways every year hundreds of Railway men are killed in
accidents while on duty. Therefore, the Ex-Gratia payment for death
occurring in course of performance of duties should be increased to Rupees Two
Crore and be given to the employees of every department.
(G) Medical Facilities: Right
to Health is an essential component of the right to life with dignity. Adequate
Medical Care ensures not only meaningful existence but also the physical &
mental wellbeing of employees and pensioners. Therefore, all the Central Govt
Employees and Pensioners should receive equitable health care facilities
without discrimination and they should be ensured Cashless Treatment
Facilities. As recommended by the Parliamentary Standing Committee, every
district Headquarters should have a CGHS Wellness Centre. More and more
Multispecialty Hospitals in all the Cities and Towns should be empanelled by
the CGHS. Required number of Doctors and other Para Medical Staff may be posted
in all the Wellness Centres. The Treatment/Diagnostic cost/charges should be
revised periodically and no hospital should charge over and above the
prescribed rates from the employees and pensioners/family pensioners. To
address these challenges, 8th CPC may kindly recommend for immediate
expansion of CGHS Wellness Centres to at least every district headquarters and
every other city/town which fulfils the already prescribed minimum criterion
for the purpose. At other cities/towns, AMA should be appointed, so that
patients are nor forced to visit CGHS centre to a city/town out of their
station. If they have to move out of station for the purpose, actual expenses
may kindly be reimbursed to them. For Medical procedure/Medical Treatment,
whenever a new procedure is done based on the recommendation of AMA/CGHS
Specialist etc, its actual cost may kindly be reimbursed.
The Cashless Treatment Facilities
should be extended to employees covered under CGHS and CSMA Rules and also
Pensioners. Cashless system will ensure timely access to treatment, financial
security and reduction in administrative burden etc. The
parents/parents-in-laws, irrespective of the income limit, should be dependents
of the Govt employee for medical treatment. Under CS (MA) Rules, Govt employees
and pensioners and their families are to be given free medical treatment.
However, the employees under CGHS are forced to pay contribution every month
depending upon the Pay Level. Pensioners have to pay 120 months contribution
for getting a pensioner CGHS Card with life time validity. Central Govt
employees & pensioners may be exempted from this contribution.
The Pensioners governed under Railway
Health Scheme (Retired Employees Liberalized Health Scheme) also faces the same
problem. We propose modernization of all Railway Hospitals with advanced
facilities, integrate RELHS and Ex-Servicemen
Contributory Health Scheme (ECHS) with CGHS and empanelled
hospitals for specialized care. Employees who are at present entitled for semi
Private Ward may be made entitled for Private Ward and employees who are
eligible for General Ward may be made entitled for Semi Private Ward. We also
propose that employees and Pensioners of Autonomous Bodies established by Acts
of Parliament should also be given CGHS
facilities.
Parliamentary Panel recommended for
increasing the FMA to Rs 3000 per month which the Govt has not
implemented. We propose that due to continued inflation the allowance should
now be revised at least to Rs.6000 per month. The FMA should be linked with
consumer price index and whenever DA/DR is revised FMA should be automatically
increased to maintain its real value.
Cashless Annual Medical health Check-ups
for all Central Govt employees above 40 years of age through CGHS etc may be
recommended at par with Group A Officers. The pensioners being more vulnerable
to various deceases on account of old age, this should also be done for
pensioners and family pensioners.
(H) Provident Fund
including GPF: The Central Govt Employees governed
under NPS/UPS may be given an option to enrol in GPF scheme till the Govt
withdraws NPS/UPS. The deposit link insurance scheme under GPF should be
enhanced to Rs. Twenty lac. The GPF Interest rate may be at par with EPF.
(I)
Compassionate Appointment: The objective of the scheme is to
provide immediate assistance to the family of a Govt Employee died in harness
to tide over the sudden crises. It is to be viewed as a sacred assurance to an
entrant in Govt service that if unfortunately, he expires while in service his
family could not be left in lurch/in destitute conditions. DOPT has imposed a
ceiling of 5% of vacancies in DR Quota in Group C for making appointment on compassionate
grounds. This percentage is very negligible when compared to the rate of death
especially after COVID 19 pandemic. Therefore, we propose to remove the 5%
ceiling to ensure grant of compassionate appointment to all eligible persons
within 3 months from the date of death of the employee. Compassionate
appointment should also be given at least on Group B non-gazetted posts as per
the eligibility conditions instead of limiting it to Group C posts.
Daughter-in-Law of the deceased employee also may be considered for
Compassionate Appointment.
(J) DATE OF EFFECT OF CPC
RECOMMENDATIONS: The recommendations of the CPC are, at present, being implemented at a
frequency of 10 years. But wage revision for employees/workers of various Central Public Sector
Undertakings is being made at a frequency of 5 years. As such, the
recommendations of 8th CPC should kindly be made applicable to the
employees as well as
pensioners/family pensioners w.e.f. 01.01.22 at least after a period of 6
years, if not from 01.01.21 after duration of 5 years.
(K) FREQUENCY OF PAY REVISION: The pay of the Central Govt.
Employees may kindly be revised after every 5 years like PSUs etc. by setting
the Pay Commission on the frequency of every 5 years.
Answer
to Q 5:
(A) Variable Pay &
Performance Pay: Any performance incentive should be over
and above the assured elements of wages and other benefits the employees are
otherwise entitled as an additional and supplementary benefit. PRI Scheme is in
vogue in the Department of Atomic Energy & Space, however, the same is not
extended to other employees. PRI Scheme may kindly be extended to all other employees
also. Performance pay should focus more on team outcomes with clear Key
Performance Index and safeguards against subjective approach as Govt Work is
collaborative and collective. Therefore, a balanced approach should be there on
performance related incentives which ensures motivation without compromising
fairness.
(B) Bonus:
The Payment of Bonus Act 1965 established the principle that Bonus is a
deferred wage with a statutory minimum of 8.33 % wages. Even though the Act
doesn’t directly apply to the Central Govt Employees, the Bonus scheme for them
is derived from its principle only. At present two different systems operate,
one is Productivity Linked Bonus Scheme applicable to employees in Railways,
Defence Production Units, Naval Dockyards, Workshops and Depots under Army,
Navy & Airforce, DGQA and DGAQA under DDP. Second is Adhoc Bonus (Non-PLB)
applicable to other Central Govt Employees.
At present the Productivity Linked Bonus
(PLB) and Adhoc Bonus is calculated on the Monthly Emoluments capped at
Rs.7000/- for 30 days. This is an irrational stipulation and must be removed.
The 8th CPC is requested to remove the said capping and grant the
Bonus on the basis of actual emoluments (Basic Pay+DA) of the employee. Apart
from it for the past few years, it is observed that the Defence Civilian
Employees of Ordnance Factories, EME Workshops etc., who are governed under the
PLB scheme, are getting PLB which is less than 30 days wages which is a clear
violation of the Bonus Act and the Fundamental Principles of Bonus. It is
proposed that the 8th CPC may kindly recommend that even in the case
of PLB, the Minimum Bonus should not be less than 30 days emoluments. Even for
the maximum number of days PLB, there is a ceiling fixed by the Govt in the
case of Railways, Defence and Postal.
Such ceiling should also be removed. We also propose that considering
the contribution of all category of employees, bonus may be paid to all
employees irrespective of Rank and Post etc.
Answer
to Q 6:
Empanelment must be transparent, criteria
based and free from bias considering experience, performance & expertise.
Postings should ensure equal opportunity with transparent vacancy notification &
fair selection. Personal circumstances should be considered and financial
conditions must be protected. Additional concerns include protection of cadre
interest, incentives for difficult postings and safeguards against arbitrary
transfers. Transparency builds trust & motivation. Fair system ensures optimum
utilization of talent and improves administrative efficiency.
Transfer Policy:
Govt employees by virtue of the terms and conditions of employment are liable
to be posted anywhere in India. The Group C & B employees in larger
organizations have the facility of such transfer being restricted to a pre
defined area or region or zone. But in smaller departments, they are
transferred one corner of country to another.
Transfer especially when one is promoted from one grade/cadre to another
is painful because it involves dislocation of the family with associated
difficulties. It is a common knowledge that higher authorities often invoke the
power to transfer as a potent weapon to punish their subordinates or to
mentally harass them. Since the transfer is said to be made in Public Interest,
the malafide transfers cannot be questioned with success even in courts. The 5th CPC has considered these
issues and has given certain suggestions which were not accepted and
implemented by the Govt. Some of the suggestions made by the 5th CPC
are reiterated as under:
a)
The Group C & B employees, taking into
account the fact that their emoluments do not even enable them to make the both
ends meet, should not be transferred at all except on their
request/compassionate grounds.
b)
If transfer becomes necessary on promotion
or due to other administrative exigency, the same should be subjected to a
policy evolved in the Departmental Councils. Every department should,
therefore, evolve a transfer policy on mutual agreement being reached at the
respective Departmental Council or through bilateral discussions. The official
side in the council will place an item for discussion on transfer guidelines.
c)
No transfer be permitted, which is
violative of such an agreement or in the absence of such an agreement having
reached in the council. If such transfers are made in violation of such an
agreement, it shall be instantly cancelled by the Head of Department or
Secretary to the Ministry concerned on receipt of a representation from the
concerned employee.
d)
In case, no agreement is reached in the
Departmental Council, the same should be referred to the Standing Committee of
the National Council (JCM) whose decision is to be treated as final.
e)
In respect of other category of officials,
the Department of Personnel must be asked to issue instructions in clear terms
as per the above quoted recommendation of the 5th CPC.
We request that the 8th CPC may
recommend not to subject employees to any transfer unless they themselves apply
for the same. Apart from it, posting of
spouse in the same station should be made mandatory if the concerned employee
applies, so that the same cannot be left to the mercy of the higher officials.
All other DOPT or departmental guidelines may also be followed in the interest
of the employees and compassionate/medical grounds kindly be duly considered.
Answer
to Q 7:
Cadre Management in the Central Govt
involves the structured Administration of the Civil Services, which consists of
recruitment policy, training, Career progression, Periodical Cadre Review to
balance the functional needs with the aspirations of the employees to move to
the higher post in the ladder of hierarchy. While periodical and mandatory
review takes place every five years for Group A services, no such review take
place with regard to Group B & C. No Cadre Review took place for more than
a decade in different categories. No Cadre Review took place in the history
for the Superintendents of Central GST. Even if Cadre Review is approved after
prolonged correspondence between the concerned Ministry/DOPT and Department of
Expenditure, the same will not be implemented immediately and the whole
exercise will be once again delayed in the name of framing of Recruitment
Rules. Despite, the Calendar published by DOPT for conducting DPC and affecting
promotions for group B officers to higher posts, DPCs will be delayed for
years for no fault of the employees and despite of the availability of the
vacancies and eligible employees. Whenever belated promotions are given,
retrospective effect is not given to the employees even though the delay was
due to the fault of Administration. In accordance with various Court Judgments,
whenever promotions of the employees are delayed, promotion may kindly be given
retrospectively from the date of availability of vacancy in accordance of
vacancy year. The DOPT instructions clearly reiterates that every cadre should
be reviewed once in five years and such review should be done in consultation
with the representatives of the service/cadre in question. But no such
consultation takes place and to create some higher posts, lower posts including
promotional posts are abolished in the name of matching saving. These all are the
major concerns which the employees and their organization are facing. In the
ongoing cadre restructuring of CBIC also, the service associations of stake
holder group B officers have not been consulted.
In view of the above, Cadre Management
requires proper planning and periodical review. Stagnation must be addressed
through creation of Promotional Posts and Restructuring. Promotional Posts
should not be abolished to create higher posts. The process must be transparent
ensuring proper consultations and participative management with the employees’
representatives. Effective Cadre Management ensures proper utilization of
talent and enhances productivity and morale. Equal Pay for Equal Work should be
ensured. Categories having the same qualification and skill requirement etc.
should not be discriminated in the matter of Pay Scales and Career Progression.
The Hon’ble Supreme Court have several times upheld the constitutional
principle of equal pay for equal work.
The categorization of discrimination
between Central Secretariat and Field formations created by the Britishers
continues even today. Higher Pay Structure is provided for employees working in
the secretariat and employees of Subordinate offices (Field Offices) are placed
in comparatively lower pay structure despite of doing more important work than
Central Secretariat offices. 8th CPC may kindly take a serious note
of it and recommend to ensure that the parity of pay structure and promotional
avenues in the secretariat and the Field Offices are maintained and extended to
all beyond the Assistant level upto the level of Under Secretary and above.
Similarly, disparity in the matter of pay scales, promotional prospects etc.
between one ministry and the other may also be removed in identical categories
undoing the different promotional hierarchies.
Outsourcing of permanent jobs
in the Central Govt Departments/Establishments is increasing day by day. This
is not in the interest of quality job/services and National interest. There are
almost 15 lakh posts lying vacant in all the Central Govt
Ministries/Departments. It is not that these posts are not required to be
filled. Non filling of these posts result in added work pressure and stress on
the existing employees. It is also pertinent to mention that during COVID 19
pandemic when the entire Nation went on Lock Down it was only the govt
employees who worked risking their life day and night to keep the govt
machinery running. Many employees died due to Corona infection. Even
compassionate appointment was not given to the dependents of these deceased
employees. Therefore, 8th CPC may kindly recommend that outsourcing
of Central Govt jobs may be dispensed with and all the posts lying vacant may
be filled up through direct recruitment and promotion and compassionate
appointment may be given in all deceased cases.
(A)
REDESIGNATION OF POSTS IN CENTRAL GST LIKE STATE GST: In
State GST, the posts have been redesignated by one step upward like below-
(i)
Counterparts of Central GST Superintendent to Asstt. Commissioner equivalent to
Central GST Superintendent.
(ii)
Asstt. Commissioner to Deputy Commissioner equivalent to Central GST Asstt.
Commissioner.
(iii)
Deputy Commissioner to Joint Commissioner equivalent to Central GST Deputy
Commissioner.
(iv)
Joint Commissioner to Addl. Commissioner equivalent to Central GST Joint
Commissioner and so on.
Due to above redesignation in State GST,
when a combined team of both joins any operation or even in general, assessee
thinks that equal ranked Central GST official is junior to the equal ranked
State GST official. So, keeping in view the harmony of work and justification
of designations, it is requested to kindly also redesignate the Central GST
officials as below at par with State GST particularly keeping in view that both
are working under same GST Act with provisions of cross empowerment under rules,
regulations & provisions formulated by one & same GST Council-
(i) Superintendent to Asstt. Commissioner.
(ii) Asstt. Commissioner to Deputy
Commissioner.
(iii) Deputy Commissioner to Joint
Commissioner.
(iv) Joint Commissioner to Addl.
Commissioner and so on.
(B) ENHANCEMENT OF PERCENTAGE OF
PROMOTION QUOTA FROM 50% TO AT LEAST 90% IN GROUP A RECRUITMENT RULES: It is also
requested that the Hon’ble 8th CPC may be pleased to recommend for
enhancement of percentage of promotion quota from 50% to at least 90% in Group
A Recruitment Rules by making the direct recruit quota maximum to 10% at least
in CBIC. It will not only enhance the
promotional avenues a bit for Central GST Superintendents to enter into group A
but the stature of direct Group A service will also be protected.
(C)
MERGER OF THREE GROUP ‘B’ EXECUTIVE NON GAZETTED AND ALSO GROUP ‘B’ EXECUTIVE
GAZETTED STREAMS INTO ONE: The Inspectors of Central Excise/GST,
Preventive Officers and Examiners of Customs all are mentioned as Inspector
only (belonging to one & the same single cadre of Inspector) in the
recruitment rules. The Central Excise/GST Inspector is also mentioned as
Inspector of Land Customs in the recruitment rules. Thus, he/she doesn’t only perform the duties
relating to Central Excise/GST & Service Tax but also performs the duties
relating to Customs. All of above 3 non-gazetted categories of Inspector are
promoted to the post of Superintendent of Central Excise/GST & Land
Customs, Superintendent of Customs and Appraiser of Customs respectively at
gazetted level and re-merged as Asstt. Commissioner at JTS group A entry level
belonging to one & the same single cadre. But the Inspector of Central
Excise/GST & Land Customs is placed far behind the Examiner during this
process. As a result, the Inspector of Central Excise/GST & Land Customs
becomes junior even by decades to the Inspector (Examiner) of same year despite
of being recruited to one & the same cadre by one & same process. Inspectors
are retiring at Level 10 whereas Examiners are reaching Level 14. This
injustice & discrimination is required to be undone immediately by granting
the parity in promotions to the former category with the later one keeping
their relative seniority intact after common entry into the job.
Not
only the recruitment rules but also the merger of above 3 categories at group A
entry level prove that all of these relate to one & same single cadre.
Despite of it, there is huge difference in their promotional avenues placing
the officers recruited as Central Excise/GST Inspector at the worst position to
force them working under their extreme juniors of Customs against all norms.
This extraordinary situation of discrimination, disparity & injustice
happens only in the CBIC. These disparities can only be removed by bringing all
Inspectors, Preventive officers and Examiners of same year to same level of
promotion through the process of merging all of the three non-gazetted
categories and also gazetted categories into one at Group ‘B’ non-gazetted as
well as Group ‘B’ gazetted level. Hon’ble CPC is requested to kindly do needful
in this regard.
The
parity, functional or even non-functional, with the common entry counterparts
may be adopted by taking the measures like below-
(a)
Time bound promotions/scales: Time scales after every 6 years. No posts
will be required to be created for the grant of time scale after every 6 years.
(b)
Notional promotions granting batch
to batch parity with the best placed common entry Examiner.
(c)
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.
(d)
Direct promotion to higher post/s: Customs Ministerial officers are being promoted as Appraiser without working even
for a single day on feeder post of Examiner in CBIC. Likewise, our officers may
also kindly be promoted directly to the higher posts at par with the officers
recruited as Examiner.
(e)
In-situ promotions (requiring no
creation of posts) after completion of residency periods as prescribed by
the DOPT for promotions from one Level to another.
(f)
Batch to batch non-functional upgradation at par with the best placed common entry
counterpart: It will also
require no creation of posts.
Answer
to Q 8:
(A) EXTRAORDINARY ACUTE STAGNATION EXISTING IN THE CADRE OF CENTRAL GST
SUPERINTENDENT: The most of the Central GST Superintendents are retiring in Level 9
after getting only one promotion in the service career of 35-40 years
after joining the job as Inspector. Some of them are also retiring in Level 10
on account of temporary posts of Assistant Commissioner or MACP upgradation
while their common entry counterparts of CBDT, CSS, Customs etc. easily enter
& enjoy Level 14 after getting 5-6 promotions. The Superintendents are
getting promotion (if any) merely to Junior Time Scale (JTS) whereas other
counterparts of CPWD, Railway Board, AFHQ, Foreign Services, CSS, CSSS, Rajya
Sabha Secretariat, Administrative Services, Police Services, Forest Services,
Sate Services etc. to Senior Time Scale (STS). Superintendents are also forced
to work under the extreme juniors of Customs namely Examiners belonging to
the same cadre of Inspector under the same organisation of CBIC having same
administrative hierarchy and recruited by same process who are reaching upto
level of Commissioner in Level 14. Thus, the rights to grow, make progress and
live with dignity have been snatched from the Central Excise/GST
Superintendents. Modified ACP Scheme has also provided no
relief being proved disadvantageous to them instead of beneficial as compared
to ACP Scheme. MACPS grants the Level 10 to them after 30 years of service
which they were able to get within 24 years under ACPS. Whereas the MACPS
source being the same (6th CPC), our counterparts are able to get
two financial upgradations more than us merely within 26 years of service in
the State governments of Uttar Pradesh etc. without offsetting any MACP
upgradtion with the time scale.
The
5th CPC in its report vide para 66.117 observed that the activities
of the CBEC are covered under the Non-Plan Budget of the Department of Revenue,
which has reportedly caused a situation where legitimate needs for expansion of
the department are not taken care of. It has been demanded in this context that
a relationship between revenue collected and expenditure on revenue services
should be established so that need for additional staff for the department is
properly taken care of. We have considered this demand and feel that
augmentation of the manpower resources of the department should be strictly
determined only on functional considerations and there can be no nexus between expenditure on establishment and revenue
collections. These observations were totally ignored by the CBEC (now
CBIC).
The 4th CPC in its report vide
para 23.9 and 23.10 observed that it
appears that introduction of Selection grade and grant of one stagnation
increment have proved to be temporary palliatives. A solution of the problems
of stagnation and inadequate promotion opportunities should seem to be in a
rational cadre structure and long pay scales. It is recognized that promotional
opportunities should be available to employees as motivation for them to
contribute their best in the discharge of their duties. At the same time, the system of career progression should be consistent
with the functional needs and requirements of organization. But nothing done. The
Inspector cadre has been trifurcated by the CBIC into three categories without
any justification, i.e., Inspector of Central Excise/GST, Preventive Officer of
Customs and Examiner of Customs (all analogous posts) recruited through the
same competitive examination under same eligibility conditions in the same organization of CBIC having same administrative hierarchy
and performing same nature of job of tax collection but with huge
discriminatory difference in promotional avenues. All of these are mentioned as
Inspector only in the
recruitment rules and other relevant documents getting next promotion as
Superintendent of Central Excise/GST, Superintendent of Customs and Appraiser
of Customs (again all analogous posts) respectively at group B gazetted level
performing again same nature of job. The single cadre trifurcated at the level
of Inspector is re-merged at the level
of Asstt. Commissioner (JTS
group A entry level) placing Central Excise/GST Inspectors decades behind the
Examiners of Customs who reach upto the level of Commissioner in Level 14 after
getting 6 promotions whereas Ist category retires in Level 9 or 10.
The Central Excise/GST stream officers
work in all of the three streams of the CBIC, i.e., Central Excise/GST, Service
Tax and Customs. On the other hand, the Customs stream officers work only in
the Customs stream but they are posted also to Central Excise/GST and Service
Tax after entry into group A. Thus, it is even more surprising that a junior
officer having worked only in the Customs stream and having no knowledge of
Central Excise/GST or Service Tax heads his seniors of Central Excise/GST. Such
a horrible situation of humiliation and discrimination to work under an extreme
junior happens only in the organization of CBIC which is neither justifiable by
any rule of law or any principle of natural justice. Nothing has been done by
the CBIC to bring a scheme independent of cadre restructuring for these poor
officers despite of approval by the Cabinet in 2013 at the time of last
cadre restructuring. So, it is requested to bring a scheme immediately
to bring all officers joined as Central GST Inspector batchwise at par with the
officers joined as Examiner of Customs in the matter of promotions.
(B)
UNIFORM PROMOTIONAL HIERARCHY: The Central Excise/GST
Superintendents are promoted merely to a JTS Group A post whereas the most of
other Group B Gazetted officers are being promoted to STS Group A post in the
Central as well as State Governments. Promotional hierarchy is also varying
department to department. Somewhere Group B Gazetted Officers are promoted
merely to a post in Level 10 whereas they are being promoted to a post in Level
11 at other places. Like it, somewhere Group B Non Gazetted officers are
promoted to a post in Level 10 whereas they are being promoted to a post in
Level 7 or 8 at other places. Somewhere promotional hierarchy is Level 7Ã 11Ã 13
(CPWD etc.), somewhere Level 7Ã 8Ã 11Ã 12Ã 13
(CSS etc.) and somewhere it is Level 7Ã 8Ã 10Ã 11Ã 12Ã 13
(CBDT etc.). So, the promotional hierarchy after entry into group B is required
to be made uniform for the sake of justice to all. The posts under the Level 10
& 11 and also Level 12 & 13 being functionally same, the ideal
promotional hierarchy for all after entry into Group B seems only to be Level 7Ã 11Ã 13Ã 14.
It is, therefore, requested to make the promotional hierarchy uniform for all
Group B officers as Level 7Ã 11Ã 13Ã 14.
Where the Group B gazetted officers are placed in a Level higher than 7, they
all may kindly be promoted uniformly to a post in Level 11. Thus, the
promotional hierarchy should kindly be as below-
Group
‘B’ Gazetted postà Level 11à 13à 14.
(C)
MACP Scheme: It is said to be the abbreviation of
Modified Assured Career Progression Scheme but the Superintendents &
Inspectors of Central Excise/GST feel that it is Meaningless Assured
Career Progression Scheme. The main objective of introducing ACP scheme was
to grant financial compensation to the employee in lieu of the lack of
functional promotions. Before the introduction of ACP scheme in 1999, many
Superintendents of Central Excise/GST retired from service without
getting IInd promotion of the career. Upon introduction of ACP
scheme, direct recruit Inspectors of Central Excise/GST were
granted two financial upgradations on the completion of 12 years (if not got
Ist promotion) and 24 years (if not got IInd promotion) of regular service in
higher pay scale of promotional hierarchy. But this scheme was replaced by MACP
scheme w.e.f. 01.09.08.
The
surprise was the grant of three financial upgradations on completion of 10, 20
and 30 years of regular service in the hierarchy of Grade Pays in the
immediate next higher Grade Pay instead of promotional hierarchy. Not only it, one
MACP upgradation was offset with the non-functional time scale. Very
shockingly, single grade pay of Rs. 5400 was also classified into two
categories, i.e., Rs. 5400 in PB2 and Rs. 5400 in PB3 without the
difference of a single rupee under para 8.1 of MACPS. It resulted grant of
GP of Rs. 5400 in PB3 in 30 years to our officers whereas they were getting
equivalent pay scale in 24 years under ACP scheme. So, MACP scheme proved
total failure, disadvantageous and discriminatory for our officers. The source of MACPS being one and
the same, i.e., common recommendations of the 6th CPC, it is
also worth to mention that the State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the
time scale. They have also granted the 3rd MACP upgradation within
26 or less years to their employees without bifurcating the single grade pay at
any level. As a result, their officers are able to get 4 financial upgradations
(3 financial upgradations+1 time scale) as a combined effect of time scale and
MACP Scheme in 26 years or even less. It is also worth to submit that the offsetting
of MACP upgradation with the time scale was also not recommended by the CPC
neither was part of Gazette Notification or MACP OM but, very
unfortunately, the Govt offset the MACP upgradation with the time scale against
the recommendations of the Commission.
So, the MACP Scheme is required to
be continued in the form of in situ promotional scheme (higher pay scales with
higher designation) based on ideal functional and uniform promotional hierarchy
of Level 8Ã 11Ã 13Ã 14Ã so
on without offsetting the MACP upgradation with the time scale to motivate personnel especially in Central
Excise/GST Department where normal promotional avenues are extraordinarily
bleak. There must also be the provisions for stepping-up of the pay of
seniors at par with the juniors. At least 5 financial upgradations
under same pay scales in the ideal uniform promotional hierarchy for all
departments, as submitted above, may kindly be granted under the scheme without
any offsetting with the time scale and also without bifurcating any grade pay
as below-
(1)
Ist Financial upgradation after 6 years of service from the date of
appointment.
(2)
IInd Financial upgradation after 12 years of service from the date of
appointment.
(3)
IIIrd Financial upgradation after 18 years of service from the date of
appointment.
(4)
IVth Financial upgradation after 24 years of service from the date of
appointment.
(5)
Vth Financial upgradations after 30 years of service from the date of
appointment.
The
anomalies relating to offsetting of time scale with MACP upgradation and
treating GP of 5400 in PB2 & PB3 differently may also be recommended to be
removed w.e.f. 01.09.08, i.e., date of initiation of MACP scheme.
As
recommended by 6th CPC all qualified employees irrespective of their
grade/post may be allowed for Fast Track Promotion through Limited
Departmental Competitive Examination to higher posts.
(D) DIRECT
PROMOTION OF CENTRAL GST SUPERINTENDENT TO STS POST: Most of group B gazetted officers in
the Central &s State governments are being promoted directly
to STS post in Level 11
including CSS, CPWD, Railway Board, CSSS, AFHQ, Rajya Sabha
Secretariat, Forest services, Police services, Foreign Services, Engineering
services, State services etc. whereas
Superintendents are being promoted (if any) merely to JTS
post in Level 10. They should also be granted promotion directly to STS post to
maintain parity with similarly placed employees of other departments. Central
Excise/GST Inspectors and Assistants of CSS, being analogous posts, are
recruited through a common entrance examination and in a common scale of pay.
Once upon a time, the pay scale of Assistant was lower than pay scale of Inspector
but was upgraded at par later to maintain historic parity. Like it, pay scale
of SO was also lower than pay scale of Superintendent but was upgraded at par
later to maintain historic parity. Inspectors are promoted to the rank of
Superintendent whereas the Assistants are promoted as SO. Posts of Superintendent
and SO are also analogous, yet the similarity ends here. SOs are promoted directly to STS post in
Level 11 and reach upto level of JS in Level 14 whereas Superintendents are
promoted, if at all, to JTS post merely in Level 10. Analogous counterparts
like Income Tax Inspectors, Examiners of Customs etc. recruited through same
process in same department also get promoted upto Level 14.
The principles laid down in the
cases of (i) Union of India versus Virpal Singh on 30-01-1997 (ii) All India
Station Masters Association versus General Manager Central Railway AIR 1962 SC
284 (iii) High Court of Calcutta versus Anil Kumar Rao AIR 1962 SC 1704, 1963
(1) SCR 437 (iv) Ajit Singh vrs State of Punjab and (v) Indra Sawhney Vrs Union
of India (1992) 3 SCC217 para 845 ; AIR 1993 SC 477 by a 9 Judges Bench are:
“Inequality of such opportunity for
promotion as between citizens holding different posts in the same grade may,
therefore, be an infringement of Article 16 of the Constitution of India.”
“Equality of opportunity in the
matter of promotion means that all employees holding posts in the same grade
shall be equally eligible for being considered in the merit for appointment to
the higher grade.”
“There would be no discrimination
and there is no violation of Article 14 & 16 (1) of the Constitution of
India where the quota rule of recruitment has no connection with the rule of
seniority”.
Superintendents are not only discharging
all functions relating to assessment, investigation & intelligence,
drafting of SCN and even adjudication but have also been conferred with the
judicial responsibilities of recording statements of various miscreants. Statements tendered before them have a legal
binding and are treated as a valid piece of evidence by various courts
including Supreme Court just like the statements tendered before a Magistrate.
They also have adjudication responsibilities pertaining to the cases of their
level. Though the Superintendents are
performing more responsible work functions as compared to other group B
gazetted counterparts yet they are facing the worst career prospects instead of
being given better treatment. They are being maltreated despite of being backbone
of the govt revenue.
Hence,
it is requested that Hon’ble 8th CPC may kindly recommend for
promotion of Superintendents also
directly to a STS post like many other counterparts of them and formulate a
scheme to reach Superintendents also Level 14.
(E) INTRODUCTION OF FLEXIBLE
PROMOTION/COMPLEMENTING SCHEME: Problem of acute stagnation existing in cadre of
Superintendent can be solved, if a flexible promotional scheme is introduced
for them after joining as Inspector. As per recommendations of 6th
CPC, the flexible promotional scheme was introduced in the Department of
Science & Technology. 6th CPC made a number of recommendations
for modification of this scheme. DOPT vide Notification dated 09.11.98 made the
regulation of in situ promotion under this Scheme.
It was further reviewed by DOPT in light of 6th CPC recommendations
and modified Flexible Complementing Scheme guidelines issued vide OM No.
AB/4017/37/2008-Esst(R) dated 10.09.10. FCS and MACPS both are also applicable
simultaneously. Like it, Dynamic Assured Career Progression scheme is
also prevailing in the Ministry of Health. We request the Hon’ble 8th CPC to kindly recommend for
introduction of such a scheme for granting of at least 5 in situ promotions in
the service career of each and every Superintendent in the hierarchy of ideal uniform functional
promotions after joining as Inspector.
(F) BATCH TO BATCH NON FUNCTIONAL
FINANCIAL UPGRADATION TO THE CENTRAL EXCISE EXECUTIVE OFFICERS AT PAR WITH THE
BEST PLACED COUNTERPARTS OF CSS/CBDT/CUSTOMS ETC. All organised group A officers
recruited with IAS, the best placed group A service, in same pay scale through
common entry examination have been granted financial parity vs the counterparts
of IAS. They have been granted non-functional financial up-gradation vide
DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 to compensate lack of
promotions as compared to IAS.
As far as
the group B officers are concerned, CSS officers are best placed group B
officers like IAS in group A. Group B officers at the level of Inspector of
Central Excise/GST, Assistant of CSS, Inspector of Income Tax, Examiner of
Customs etc. are recruited in a common scale of pay through common entry
examination. Officers recruited as Assistant (Group B, Non Gazetted) in
the Ministries get the benefit of promotions upto the JS level in Level 14.
Likewise, Inspectors of Income Tax and Examiners of Customs also reach Level
14. However, Inspectors of Central Excise/GST recruited as Group B (Non
Gazetted) through same All India competitive examination get generally one
promotion in 35/40 years of service career.
Above facts
very well manifest the injustice meted out to officers recruited as Central
Excise/GST Inspector despite of the most important work of revenue collection
being done by them. During this course, they have been facing every threat
including life of them as well as their families by the hard core criminals,
smugglers and white collared criminals etc. alongwith tremendous administrative
pressures. Thus, the officers recruited as the Inspector of Central Excise/GST
deserve a far better treatment. The grant of the non-functional financial
upgradation on batch to batch basis with the best placed common entry
counterpart of CSS, Income Tax, Customs etc. on the lines of grant of
non-functional financial upgradation to Group A officers vs. IAS may really be
a solace for these poor Central Excise/GST officers. As far as the importance
of the work responsibilities is concerned, Superintendents are discharging all
functions relating to assessment, investigation & intelligence, issuance of
Show Cause Notices with the responsibility of adjudication etc. They have not
only been conferred with the judicial responsibilities in the matter of
adjudication but also been conferred with the judicial responsibilities of
recording statements of various miscreants. The statements tendered
before the Superintendent have a legal binding and are treated as a valid piece
of evidence by various courts including Supreme Court just like the statements
tendered before a Magistrate. No such powers have been conferred to the CSS
officers or any other counterparts of Central Excise/GST
Superintendents/Inspectors. Though Central Excise/GST Superintendents are
performing more responsible work functions as compared to other common entry
counterparts, yet they are facing the worst career prospects & pay packages
instead of being given better treatment. This injustice is being faced by them
despite of being the backbone of the govt revenue on account of being the major
revenue collectors for the government in the form of Central Excise duty,
Customs duty, Service Tax, FTT, IATT, GST etc. In the actual terms, they are
the backbone of govt on account of being responsible to earn finance for govt.
Parity is
the basic concept of our Constitution and the parity in promotions & pay
packages is required to be maintained amongst the historically similarly placed
employees but nothing done by Govt.
In view of above, it is requested
to kindly recommend that the officers recruited as Inspector/Superintendent of
Central Excise/GST be granted at least non-functional financial upgradation at
par with the best placed counterpart of CSS, CBDT, Customs etc. of same batch
on batch to batch basis since the date of the implementation of the scheme for
Group A.
Answer
to Q 9:
(A) Death Cum Retirement
Gratuity (DCRG) under OPS/NPS/UPS: DCRG is currently
calculated at ¼ of the Basic Pay+DA for each completed 6 months period of
qualifying service subject to a maximum of 16.5 times of the emoluments and a
monetary ceiling of Rs 25 Lac. This benefit is admissible to Govt Employees who
retired after completing 5 years of Qualifying service. In cases where a
Government Employee dies while in service, the Family is granted Gratuity at
prescribed rates. We propose that Gratuity should be calculated on the basis of
25 effective working days instead of 30 days in a month, so that Govt Employees
are not placed at a disadvantage position compared to employees covered under
the Payment of Gratuity Act. Further, the existing ceiling of 16.5 times of the
emoluments should be removed. This effectively reduces Gratuity for employees
who have served beyond 33 years. We further propose that the 8th CPC
may kindly recommend to calculate Gratuity on half a month Basic Pay+DA for
each completed 6 months period of qualifying service. Considering high rising
inflation, the maximum gratuity ceiling should be enhanced from Rs 25 Lac to 75
Lac. All these revised benefits should be extended to employees covered under
NPS & UPS schemes also ensuring equitable retirement benefits across all
categories of Central Govt Employees.
(B) One Rank One Pension
& extension of OROP to civil pensioners: The Govt has
implemented the One Rank One Pension (OROP) scheme for Armed Forces personnel
to remove disparities whereby individuals of the same rank and length of
service were receiving different pensions due to retirement at different points
of time. This ensures that persons of equivalent rank and status receive
comparable pensions irrespective of their date of retirement. Similarly, there
already exists complete parity in pension among constitutional authorities such
as Judges of the Supreme Court, High Courts and the Comptroller and Auditor
General of India regardless of their retirement date. For Civilian Employees,
the 5th CPC recommended parity between past and future pensioners.
However, disparities have re-emerged.
We therefore request the 8th CPC
to disregard the restrictive provisions introduced through the Validation of
the Central Civil Services (Pension) Rules 2025 and reaffirm that all
pensioners constitute a single homogeneous class. Accordingly, the OROP should
be extended to Central Civil Pensioners & family pensioners ensuring parity
in Pension without artificial cutoff dates base on retirement. The fitment
factor for revision of Pension should be at par with the same recommended for
working employees.
(C) Leave
Salary/Encashment: We have already proposed 600 days EL
Encashment and also full reimbursement of available HPL of the employees while
on Superannuation / Retirement etc. The 8th CPC may kindly consider
to recommend the same.
(D)
Parity between past and present pensioners: 7th CPC
recommended ensuring parity between past and present pensioners as a matter of
equity and social justice. This principle recognizes that pensioners,
irrespective of their date of retirement, should not be subjected to
disparities in pension solely due to the timing of their retirement.
Historically, the Govt implemented the
recommendations of the 5th CPC by adopting a fair and rational methodology of
notional fixation of pay of past pensioners in the revised pay scales by
applying the same fitment formula as was granted to serving employees. Based on
such notional pay fixation, pension was revised, thereby ensuring a reasonable
degree of parity.
However, subsequent implementations have
diluted this principle by linking pension revision to the pay scale or pay
matrix level from which the employee retired rather than the post actually
held. This has resulted in anomalies and disparities, particularly in cases
where pay structures have undergone restructuring, merger of scales or
upgradation of posts over time.
So, the pensioners who held the same post
but retired at different points of time should receive comparable pension.
Discrimination based solely on date of retirement is arbitrary and contrary to
the principles of equality, judicial principles and fairness. The Hon’ble
Supreme Court, in various judgments including the landmark D. S. Nakara
case has upheld that pensioners form a homogeneous class and should not be
treated unequally without reasonable justification. The anomalies due to pay
structure changes are required to be removed. Over successive Pay Commissions,
pay scales have been merged, upgraded or replaced by pay matrix levels. Linking
pension to old scales rather than the post leads to distortions and lower
pension for earlier retirees. The methodology adopted after the 5th CPC
granting notional pay fixation with the same fitment benefit as serving
employees ensured transparency, uniformity and fairness. A return to this
approach would remove existing disparities and consistency with earlier CPC approach
will be maintained. Pension is a deferred wage and a measure of social
security. Ensuring parity reinforces the dignity & social justice to
pensioners who have rendered long years of service to the nation & society.
It is, therefore, requested that the 8th
CPC may kindly ensure full parity between past and present pensioners by
adopting a uniform and equitable method of pension revision, restore the
principle of notional pay fixation applying the same fitment formula as
applicable to serving employees, link pension revision to the post held at the
time of retirement rather than to the pay scale or pay matrix level from which
the pensioner retired to address anomalies arising out of scale mergers,
upgradations and restructuring ensuring that no pensioner/family pensioner is
placed at a disadvantage due to systemic changes.
(E) Restoration of
Commutation of Pension after 10 years: In accordance of Rule 10
A of the CCS (Commutation of Pension) Rules 1981, Restoration of Commutation
Pension is after 15 years. These Rules were framed nearly decades ago based on
the Financial & Actuarial Parameters prevailing at that time. However, lot
of changes have taken place since then which includes interest rates, life
expectancy, mortality rates, death rates and actuarial risk factors which
necessitate a fresh values of the restoration period. The following
illustration will give a clear picture.
Recovery
of Commuted Value:
For a pensioner aged 61 years (Next
Birthday)
Commutation Factor : 8.194
Amount Commuted : Rs.100
Commuted Value Received : Rs.9833
Amount
Recovered in 10 years : Rs.12,000
Amount recovered in 15 years : Rs.18,000
Thus, very pretty more than entire
commuted value is recovered within less than 10 years and recovery beyond this
period results in excess recovery from pensioners to enrich the govt.
Therefore, restoration of commuted pension after 10 years would be reasonable,
even if some interest rate and insurance factor is added to it. However, it is
expected from a welfare state not to charge any interest or insurance factor
from its senior citizens as life expectancy of govt employees has already gone
very well beyond 75 years. Although Commutation is optional, Govt as a Model
Employer should consider this matter from a welfare perspective of the senior
citizens who have served the nation and the people rather than a revenue
perspective. Many expert bodies have also recommended for restoration of
commuted pension in a shorter period. Many State Government including Kerala,
Gujarat etc. have also reduced the period. 5th CPC also recommended
for its reduction. The 2nd National Judicial Pay Commission also
recommended for its reduction. Therefore, we propose for restoration of Pension
after 10 years or at the age of 70 years whichever is earlier. As 5th
CPC recommended this issue first time, it should be implemented w.e.f.
01.01.96. It is worth to mention in
this regard that the pensioners under Employees Pension Scheme, 1995 of Central
Govt. are entitled to get the pension commuted for 100 months. The recovery of
the commuted value is also made from them in 100 months only. Thus, only the
commuted value of pension is recovered from them without recovering any extra
amount (i.e., principal or interest or insurance cost or any other charges
etc.). On the same lines, only the commuted value of pension should be
recovered from all pensioners without recovering any extra amount.
(F) Revision of Pension/Family
Pension: For a decent and dignified life after retirement, full
pension should be fixed at least 75% of the Last Pay Drawn (LPD) or the average
of the last 10 months emoluments which is more beneficial instead of the
present 50% keeping in view ever increasing inflation and life expenses. After
the retirement, the life expenses remain more or less the same after death of
single member of the family without any substantial reduction, rather enhance
with the passage of time. Accordingly, family pension should also be fixed at
least 60% of the last pay drawn. The period of enhanced family pension may also
be extended up to 70 years ever increasing inflation and life expenses. If
there is any anomaly in the pension due to the date of retirement or any other
reason including inter-departmental difference, the existing pensions should be
revised on notional basis with due increments to remove anomalies bringing the
same at par with the best placed pensioner of the same rank.
The Parliamentary Standing Committee has
also recommended Additional Pension of 5% every five years after
superannuation. We, therefore, propose the following for the kind consideration
of the 8th CPC.
|
Age
|
Increased pension/family pension
|
|
65 Years
|
5% of LPD+DA
|
|
70 Years
|
10% of LPD+DA
|
|
75 Years
|
15% of LPD+DA
|
|
80 Years
|
20% of LPD+DA
|
|
85 Years
|
25% of LPD+DA
|
As per various Supreme Court Judgments
especially that of the historical Nakara Judgment, pension is not a bounty or
Ex-Gratia but a right and deferred wage. Such judgement prohibits
discrimination amongst pensioners. Recently the Hon’ble Supreme Court has ruled
that pensioners cannot be discriminated when compared to serving employees on
benefits like DA/DR etc and such discrimination will amount to violation of
Article 14 of the Constitution of India. Therefore the recommendations of the 8th
CPC with regard to all pensionary matters should be equally applicable to the
pensioners who retired prior to 01/01/2026 and also to the existing family
pensioners.
(G)
One or two uniform dates in a year for retirement of
Central Govt employees: At present, Central Govt employees retire on the last date
of each month based on their date of birth. This system results in a continuous
administrative burden, particularly on administrative and accounts wings, as
retirement-related matters have to be handled throughout the year without any
consolidation. Further, under
the existing framework, departments remain in a state of perpetual disruption
as one or more employees retire every month followed by others in subsequent
months. This ongoing cycle necessitates frequent redistribution of work and
repeated handover of responsibilities to newly posted employees. Consequently, it
not only adversely affects the performance and settling-in period of new incumbents
but it also impacts the overall efficiency & stability of departmental functioning.
Due to this monthly retirement pattern, processes relating
to pension, gratuity, leave encashment, GPF/NPS settlement &
other retiral benefits continue incessantly throughout
the year. This leads to fragmentation of administrative efforts, avoidable
pressure on resources and reduced operational efficiency. A uniform retirement system with fixed dates would
effectively ease the work DDOs.
So, it is humbly requested that the existing system of monthly retirement may be
rationalized by prescribing one or two uniform dates in a year for retirement
of Central Govt employees, such as once annually on 31st March as already prevalent in
retirement of teachers or twice annually
on 31st March and 30th September
as per administrative convenience. It is worth to mention that such system has proven to be efficient and effective
in case of teachers.
In the past, annual increments were granted on different
dates based on the date of appointment. This system was subsequently
rationalized by introducing a uniform increment date,
i.e., 1st July, which was later expanded to two dates,
i.e., 1st January and 1st July. On similar lines, the retirement system can also be
simplified and standardized for greater administrative
convenience & efficiency through consolidated handling of retirement cases.
It will also reduce continuous workload on administrative & accounts branches, improve financial planning for pensionary liabilities,
enhance operational stability by
minimizing frequent disruptions, improve digital &
records management through structured processing. It will also be
beneficial in better human resource
planning with predictable vacancy cycles, simplification of NOC & clearance processes and greater clarity and convenience for employees in planning
post-retirement life. In
light of the foregoing, it is requested that the existing retirement framework
may kindly be reviewed & restructured
to provide for one or two uniform retirement dates in a year. Such a reform
would significantly enhance administrative efficiency, reduce avoidable
disputes and ensure a more rational & employee-friendly system.
(H)
Additional
facilities as a welfare measure to be provided to the Pensioners/family
pensioners:
1)
Considering the
escalating House Rent in all the cities and towns and even in rural areas, pensioners
& family pensioners may kindly be given House
Rent Allowance at the rate to
be given to the working employees as per category at the time of retirement.
The requirement of housing does not get vanished after retirement.
2)
Pensioners may
also be extended the benefit of LTC as also submitted above.
3)
With increasing
age many Pensioners suffer from chronic and debilitating conditions such as
Alzheimer’s disease, Dementia, Paralysis, Severe post-surgical disabilities
etc. which requires a home nurse/care taker. We propose that the 8th
CPC may kindly recommend for Care
Taker Allowance based on
medical necessity for the pensioners/family pensioners.
4)
Pension/Family
Pension should be exempted
from Income Tax for the sake of
better survival.
5)
Railway
Concessions for Senior
Citizens may be restored. Air
flight concessions should also be
given on actual basis instead of merely on base fare.
6)
Govt may kindly
establish elder friendly
holiday homes/hostels across the
country.
7)
Physically
Disabled Pensioners/Family Pensioners may be provided physical assistance and the
inevitable mobility cost as special allowance to visit hospitals, diagnostic centres etc. may kindly be recommended.
8)
Pensioners/family
pensioners may also kindly be given subsistence
increment to enable their survival a
bit easier and better at the rate of at least 6% of basic pension and DR
keeping in view ever rising life expenses and vulnerability to various
diseases.
(I) Withdrawal of
Contributory National Pension System (NPS) and Unified Pension Scheme (UPS) and
restoration of Defined and Non-Contributory Pension Scheme: The
Govt decision to replace the Defined and Non-Contributory Pension Scheme by NPS
to those employees who joined service on or after 01.01.2004 is not only going
backwards but an illegal step in the light of the Supreme Court ruling that the
Pension is as good as right to property and is enforceable. The NPS has already made social security in
old age uncertain being dependent on Market forces. The scheme has been
compulsorily imposed on a section of the employees and it is discriminatory.
The subsequent UPS introduced by the Government wef 01.04.2025 was also
rejected by the employees. Out of more than 26 Lac NPS employees, only 1.22 Lac
(around 4.5%) migrated to UPS. Therefore, there is no justification in
continuing with NPS/UPS and it may not kindly be made applicable to the Central
Government Employees. So, all those who have been covered under NPS/UPS may kindly
be reverted back to Defined and Non–Contributory Statutory Pension Scheme (OPS)
under the CCS Pension Rules 1972 (now 2021).
It is requested that the Hon’ble 8th
CPC may kindly consider all requests for the sake of justice.
With
respectful thanks & regards,
HARPAL
SINGH,
Secretary
General,
All
India Association of Central Tax Gazetted Executive Officers.
