ALL
INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address for
communication: Secretary General:
Lokanath
Mishra 240, Razapur, Ghaziabad-201001
(U.P.) Ravi Malik
Mob.
09437314941 mail Id: ravimalik_sweet@yahoo.com Mob. 09868816290
Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary
& Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A.
S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West)
Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal
& R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini
Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)
Office
Secretary: C.S.Sharma (Mob. 09313885411) Treasurer:
N.R.Manda (Mob. 09871483585)
(Recognised
by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 11/M/12
Dt. 24.01.13
To,
The Member (P&V),
CBEC, North Block,
New Delhi.
Sub: Points for
the meeting of 31.01.13.
Madam,
Kindly refer to-
i) the message
of your goodself received through your OSD calling the representatives of the
Association for a meeting to be held on 31.01.13 and
ii) also the
meeting held on 02.11.12 under the Chairpersonship of yours.
2. It is submitted
with due regards that the various grievances of the staff-side were discussed
in the meeting of 02.11.12 but, very unfortunately, none of the grievances has
been redressed till date. All of the grievances are un-redressed despite of the
positive assurance given to the Association by the authorities during each
meeting. Even the grievances, which are purely in the hands of Board, are not
being redressed. Therefore, the following points are hereby submitted for the
kind consideration of the administration under the hope of the staff grievances
to be taken seriously this time. It is also worth to mention that the
Association has already submitted the various representations on every issue
but the same were never taken seriously by the administration giving the only
impression that our Board is meant only for looking the interests of the IRS.
It is expected that the staff-side would be given the opportunity to erase the anti-staff
image of our Board from their minds resolving the following issues this time-
1. Immediate approval
& implementation of cadre restructuring without any cut: The necessary steps
may kindly be taken for immediate approval of the ongoing cadre restructuring without any cut as already approved by
Expenditure. All the posts may kindly be approved on permanent basis and
be filled in un-staggered manner only by promotions with no
direct recruitment at group ‘A’ entry level at least for 5 years particularly
keeping in view the extraordinarily acute stagnation of the
Superintendents/Inspectors of Central Excise. The stoppage of direct
recruitment at group ‘A’ entry level will also protect the IRS (DR) stature. It
was also agreed by the Board during the presentation made on cadre
restructuring on 18.01.11 that no direct group ‘A’ entry would be made for more
than 1 years. The Association was assured about doing the needful in respect of
cadre restructuring during the meeting of 02.11.12 but nothing happened till
date. The ongoing cadre restructuring was started in 2006 and its pendency has
reached in its 7th year while the next cadre restructuring has
already become due. Two more cadre restructuring should have happened after
2002 and the work for IIIrd one should have been started.
2. Immediate
re-framing of RR’s and regularization of all ad-hoc promotions: The new
RR’s of IRS formulated as per the Apex Court verdict dt. 03.08.11 &
30.03.12 will never be able to grant “just & fair representation” to Central
Excise stream officers and are not acceptable to the Association. All the ad-hoc
promotions may also kindly be regularised
based on “just & fair” RR’s following the precedent of the
regularisation of promotions since 1980 as per the Apex Court verdict. It may
also kindly be ascertained whether the promotions were regularised since 1980
on the previous occasion or since 1979 giving excess vacancies to the Appraiser stream. The regularisation since
1980/1979 is still incomplete because the provisions of extended panel were not
applied to it. So, all the promotions since 1980/1979 to till date may kindly
be regularised by immediate
implementation of the Supreme Court verdict dt. 03.08.11/30.03.12 by framing
“just, fair & equitable” recruitment rules and abiding all the ad hoc
promotions with the same duly using
the extended panel to grant parity in promotions to all the common entry
counterparts maintaining their relative seniority. No heed has been paid to the
issue till date. Even the so called revised RR’s are not being abode to all of
the ad hoc promotions as directed by the Apex Court. The representations submitted by the Association on
the issue have also been paid no heed. “Just & fair representation” will never
be possible by the revised rules till senior officers of Central Excise
continue to work under the junior officers of Customs recruited in the same
cadre of Inspector.
3. Notional promotions: As far as the Supreme
Court verdict is concerned, the Central Excise officers may kindly be granted
notional promotions by creating supernumerary posts for the sake of “just &
fair representation” considering that they are two decades behind their
counterparts of Customs entered into the same cadre at one & the same time
in same organisation through same recruitment process.
Central Excise officers are forced to work under even 20 years junior of
Customs Examiner due to the discrimination meted to them as also admitted by
the CBEC in the Board meetings of 12.01.11 & 18.02.11. Around one &
half thousand of Appraisers, who were junior to the Central Excise
Superintendents, have already become the bosses of their senior counterparts of
Central Excise. No action has been taken on the issue till date.
4. Parity with common entry
counterparts of CSS, CBDT etc. either in the cadre restructuring or independent
of it to retire our officers in PB-4: The ADG, HRD was directed to work
out the formula to undo the discrimination during the meeting of 15.03.12. You
were also pleased to assure the Association of doing the needful in the matter
but nothing has been initiated till date. The immediate steps may kindly be
taken in the matter keeping in view that our common entry counterparts are
easily reaching the PB4. They are retiring at the level
of Commissioner/Joint Secretary while we are retiring at the level of
Superintendent.
Even their pension is more than our
salary. 1992 Examiners & 1992 Inspectors of Income Tax and 1997 Assistants
have long back entered group ‘A’. 1997 Assistants have long back entered to
senior group ‘A’ while our Inspector of 1975 is still waiting even to enter the
junior group ‘A’. 1987 Assistant of CSS has been promoted to the post of Deputy
Secretary (our JC) and 1985 Assistant of Rajya Sabha Secretariat to the post of
Director (our ADC).
5. Immediate Fulfilment of the commitments made during the
presentation on cadre restructuring on 18.01.11: None of the commitments like (i) All the
vacancies of cadre restructuring to be filled up by promotions & extend
this benefit for more than 1 year, (ii) Creation of separate service for group
‘B’ executive officers, (iii) Promotion of group ‘B’ gazetted executive officer
directly to STS like CSS, (iv) Audit teams to be headed by AC/DC, (v) Work load
should be the basis of the re-organisation of Central Excise formations, (vi)
Minimum qualifying service for promotion to gazetted post should be uniform for
Inspector, PO & Examiner, (vii) All Inspectors, PO’s & Examiners of
same year should be brought to same level of promotion etc. etc. made
during the presentation on cadre restructuring on 18.01.11 has been
fulfilled till date in consonance of the
submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11
even after expiry of more than 2 years despite of the assurance of doing the
needful. The same may kindly be fulfilled immediately.
6. At least four functional promotions in the
service career: Other common entry counterparts of CSS, Income Tax, Customs etc. are
already getting 5 to 6 promotions while we are retiring after getting single
promotion in the service career of 35-40 years. You were pleased to
assure the Association to do the needful in the matter enabling us to get 5 to
6 promotions too in the meeting of 02.11.12 but nothing has been initiated till
date. It is requested that the effective measures may kindly be taken up to
undo the discrimination granting our officers at least 4 functional promotions.
7. Initial grade pay of Rs. 5,400/- in
PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the
other analogous counterparts: It
was decided during the meeting of 15.03.12 that the issue would again be taken
up with the Department of Expenditure. You
were also pleased to assure the Association of doing the needful in the matter
but nothing has been initiated till date. It is
requested that the matter may kindly be recommended and taken up with
the Expenditure in an effective manner immediately to grant the initial grade pay of Rs. 5,400/- in PB3 to the
Central Excise Superintendents w.e.f. the date of the grant of this grade
pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc. They were granted the same since 1986 alongwith group ‘A’ status. It is also worth to mention that they are defined as “analogous posts” with us
and the high power committee formed for the purpose also admitted our parity
with them.
8. Non-functional time scale in PB3 to the
Superintendents after completing 4
years of service: It was decided during the course of
discussions of the meeting of 15.03.12 that the issue would be taken up with
the Expenditure. You were also pleased to
assure the Association of doing the needful. The time scale has been granted in PB3 to
others including CSS while it is merely in PB2 for us. It was granted so to CSS officers since 1996 in PB3/equivalent while since 2006
to us in PB2. Necessary steps may kindly be taken in the
matter on immediate basis to grant the same to us also in PB3/equivalent since
01.01.96.
9. Promotion
of Group ‘B’ Gazetted Executive Officers directly to STS like CSS etc.: The point was agreed during the meeting of
15.03.12. You were also pleased to assure the
Association of doing the needful in the matter but
there seems no progress in the matter. Necessary steps may kindly
be taken as per the agreed decision on immediate basis. Such proposal was also
mentioned as under formulation during the cadre restructuring presentation on
18.01.11 by CBEC. The gazetted officers of CSS
including many others (Centre as well as State) are being promoted to senior
group ‘A’ while ours merely to junior group ‘A’.
10. Parity between the officers of
headquarters organisations & field offices: This intention had also been shown by the 6th
CPC in the questionnaire issued at the time of asking for the representations
from the stake holders and also under the recommendations under chapter 3.1 of
its report. You were also pleased during the course of 02.11.12 meeting
to assure the Association of doing the needful in the matter but nothing has
been initiated till date. It is requested that the due steps may kindly be
initiated to grant the parity to the field officers with their headquarters
offices counterparts including in r/o promotions, time scale, working
conditions, direct promotion to STS post, counting of regular service, other
career prospects etc.
11. Counting
of regular service in consonance of
the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.11 of CBEC: The regular service of our common entry
counterparts of CSS is being counted from the following 1st July of the year of
the recruitment examination in the case of DR officers and from 1st July of the
year of the preparation of the panel in the case of promotee officers. The orders for the
same have not been implemented in our case despite of the decision taken on the
issue. The point was agreed during the meeting of 15.03.12 too.
You were also pleased to assure the Association of doing the needful in the
matter but nothing has happened till date. Necessary steps may kindly be taken
as per the agreed decision on immediate basis and the instructions dt. 22.07.07
may also kindly be made available to the Association.
12. Finalisation of in-situ promotions scheme under consultation of the
Association: As we know, even the
cadre restructuring will not be able to
solve the problem of stagnation of ours. So, the proposal for in-situ
promotions may kindly be revived immediately under consultation of the Association considering all of the
submissions of the Association. The point was agreed during the meeting of
15.03.12. You were also pleased to assure the Association of doing the needful
in the matter during the meeting of 02.11.12 but nothing has been initiated
till date. It is worth to
mention that the said scheme is not being finalised & implemented despite
of the decision taken in the Board meeting of 12.01.11. The scheme may kindly be formulated & implemented under consultation with the
Association immediately. As per DOPT OM
No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 (not being followed by CBEC), Inspector should be promoted to the grade of JC, ADC &
Commissioner after completing 12, 17 & 20 years of service respectively.
During the presentation of cadre restructuring on 18.01.11, CBEC showed its
inability to implement the said OM due to the want of required number of
vacancies/posts. It is, therefore, requested that our officers may kindly be
granted in-situ promotions on the basis of above guidelines as the in-situ
promotions require no creation of posts.
13. Holding of regular minuted meetings under the employee grievances
redressal mechanism: The staff grievances are not being redressed
due to the non-observance of such meetings. The meetings are not being held despite of
the circular issued by the CBEC vide No. B. 12017/05/2008-Ad.IV.A Dt. 18.01.10 and reiterated vide even number Dt.
02.03.12. The last meetings even at Board level were held after expiry
of due intervals and the minutes of the said meetings were also not recorded
correctly and also the decisions are unimplemented till date. It is also very
unfortunate & disappointing that we are invited for the meetings only after
the service of the notice for Satyagraha/agitation by the Association giving
the mere impression that our own authorities don’t have time for us and also
don’t want to redress our grievances. The Chairperson of the CBEC has no time to see the staff-side despite
of the repeated requests. All the field formations as well as Board may kindly conduct the
said meetings at regular intervals with the staff Associations to revive the
grievance redressal mechanism. No grievance of the staff-side has been
redressed even after the meetings of 15.03.12 & 02.11.12. Even in the
present time of transparency, the staff-side is unable to approach any of their
own authorities, higher or lower. The Association was assured about holding of
the due meetings in the future after bimonthly intervals extendable by one
month during the meeting of 02.11.12 but no process has been started anywhere
in the field formations. The said meeting has also been scheduled on account of
the notice for agitation. It is very unfortunate that the last two meetings
were also held only for the sake of formality due to the only reason of
deferring the agitational programme called by the staff-side. It is again
reiterated that none grievance of the staffside has been redressed as a result
of any of the meetings.
14. DPC for financial year 2012-13: Immediate
steps may kindly be taken to conduct the DPC for promotion to Group ‘A’ from
Group ‘B’ executive for the year 2012-13 particularly
keeping in view the large scale monthly retirements of the Central
Excise Superintendents without promotion. The DPC should have been
conducted very well in advance preparing an advance panel as per DOPT
guidelines but, very disappointingly, no steps have been taken despite of the
financial year being near to its end. The Association was assured about the
necessary action in this regard during the meeting of 02.11.12 but the same is
still awaited while the DPC for ADC to Commissioner has already been conducted
perhaps due to the fact that the same was related to the interest of IRS
officers.
15. Non
Functional Financial Upgradation (NFFU) to the Central Excise executive
officers at par with the counterparts of CSS: The officers of group ‘A’
Services have been granted NFFU at par with the IAS officers vide DOPT OM No.
AB.14017/64/2008-Estt.(RR) dt. 24.04.09. The officers recruited as the
Inspector of Central Excise may also kindly be granted NFFU at par with their
counterparts of CSS on batch to batch basis enabling them to retire in PB4 too.
The officers recruited as Assistant Grade get the benefit of promotions/NFFU in
the grade of- i) SO with GP of Rs. 4800/- & Rs. 5400/- in PB3 after 4 years
of service, ii) US with GP of Rs. 6600/-, iii) DS with GP of Rs. 7600/-, iv)
Director with GP of Rs. 8700/- (PB4) and v) JS with GP of Rs. 10000/- while our
officers are retiring in PB2 after get only one promotion in the career of
35-40 years of service despite of being recruited through common All India
competitive examination. Central Excise Superintendents has been granted the
time scale in PB2 instead of PB3 without further promotion as compared to their
counterparts of CSS. The SO’s of CSS are being promoted to a senior group ‘A’
post (grade pay of Rs. 6600/-) while we are eligible to be promoted (if any)
merely to a junior group ‘A’ post (grade pay of Rs. 5400/-). The Association was assured of taking of the
necessary action during the meeting of 02.11.12 but the same is still awaited.
16.
Implementation of para 7.15.24 of 6th CPC report: It was decided during the meeting of 15.03.12 that
the issue would be taken up with the Department of Expenditure. You were also pleased to assure the Association of
doing the needful in the matter but nothing has been initiated till date. It is requested that the matter may kindly be
recommended and taken up with the Expenditure immediately.
17. At
least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale after joining as Inspector: It
was decided during the meeting of 15.03.12 that the issue would be taken up
with DOPT. You were also pleased to assure the
Association of doing the needful in the matter but nothing has been initiated
till date. The matter may kindly be
recommended & taken up with DOPT immediately. It is worth to submit that the
State Governments like Uttar Pradesh etc. have granted the grade pays of Rs.
6,600-/ & 7,600/- after 14 & 26 years (or even less by many other State
Governments) of service on IInd & IIIrd MACP upgradation to their employees
without offsetting with time scale on account of the originating source (i.e.,
6th CPC) being the same. It is also worth to mention in
this regard that our officers are getting a grade pay of Rs. 5400/- after 30
years or more (?) service under MACPS which they were able to get after 24
years under ACPS and State governments are granting a grade pay of Rs. 7600/-
to their officers after 26 years or less of service without offsetting any MACP
upgradation with time scale. The IIIrd MACP benefit is not being granted to our
officers after 30 years of service, if they have become AC. The pay of seniors
is not being stepped up despite of the judgement of Supreme Court, if they are
forced to get less salary than juniors under ACPS/MACPS. Even the ACP
upgradation has been offset with time scale at the places like Shillong in
addition to offsetting of MACP upgradation despite of the contrary
clarification by Board.
18.
Harassment to the staff: It was decided during the meeting of 15.03.12 that
the Association would bring the specific instances to the notice of the Board. You
were also pleased to assure the Association of doing the needful in the matter
but nothing has been done despite of such cases being brought to the notice of
the Board, particularly the case of the Association functionaries as well as
other officers of Chandigarh Zone. It is requested that any type of harassment
to staffside may kindly be stopped immediately.
19. Independent
HRD: It was decided during the course of discussions of the meeting of
15.03.12 that the necessary action to make independent HRD like CBDT may be
taken up stepwise. You were also pleased to
assure the Association of doing the needful but nothing has been resulted till
date. Necessary steps may, therefore, kindly be taken
up accordingly as immediate measure.
20. Grant of reward on the lines of ant-evasion to the
officers working in audit branches: The point was agreed during the
meeting of 15.03.12. You were also pleased to assure the Association of doing
the needful in the matter but nothing has been done till date. It is,
therefore, requested that the necessary steps may kindly be taken immediately.
21. Role of
Inspectors in ACES: The point was agreed during the meeting of 15.03.12. You
were also pleased to assure the Association of doing the needful in the matter
but nothing has been initiated till date. It is, therefore, requested that the
necessary steps to define the role of Inspector in ACES and upgrade the
software accordingly in this regard may kindly be taken on immediate basis.
22.
Disparities in the pay structures of Superintendents and Inspectors in the
Customs & Central Excise Settlement Commission on deputation basis: The
point was agreed during the meeting of 15.03.12. You were also pleased to
assure the Association of doing the needful in the matter but nothing has been
happened till date. It is, therefore, requested that the necessary steps may
kindly be taken in this regard on immediate basis to undo the said disparities.
23. Posting of Association functionaries: The main office bearers of the zonal units of the
Association are being transferred to outstations at some places instead of
placing them at administrative/Association headquarters. By it, the staff
welfare activities of the Association as well as the employee grievances
redressal mechanism are affected adversely due to the delinking of Association
functionaries with the administration & staff-side both. It is, therefore,
requested that at least 3 office bearers (including Unit President and General
Secretary) as per the request of the Association may kindly be retained at the headquarters office
of the Association or administration in consonance of the letters No.
2/7/88-CS(IV) dt. 19.08.08 and No. 9/34/87-JCA dt.
08.03.88 both of DOPT. The Association was assured about the due action
on the issue during the meeting of 02.11.12 but nothing has been done till
date. Rather the Association functionaries as well as the officers associated
with them are being harassed at the places like Chandigarh Zone.
24. Stepping up of pay
of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s: It was decided during the meeting of 15.03.12
that the issue would again be taken up with the DOPT. However, the issue is
noway required to be referred to the DOPT because of being settled by the Apex
Court. You were also pleased to assure the Association of doing the needful in
the matter but nothing has happened till date. The necessary steps may kindly be
taken accordingly on immediate basis.
25. UDC/DOS
MACP treatment: The promotion from the post of UDC to DOS is not considered
actual promotion for the purpose of ACP/MACP upgradation. But the promotion
from the post of UDC to Inspector is being considered actual promotion for this
purpose. The promotion of UDC to Inspector may also kindly not be considered as
actual promotion for the purpose of ACP/MACP upgradation. The point was agreed during
the meeting of 15.03.12. You were also pleased to assure the Association of
doing the needful in the matter but nothing has happened till date. Necessary
steps may kindly be taken in the matter on immediate basis.
26. Wearing of uniform: The
staff is forced to wear the uniform without any purpose only for the pleasure
of the authorities. It serves the only purpose to please such authorities in some
official or the most of the time unofficial protocols. The due statutory
provisions may kindly be formulated to wear the uniform from bottom to top
level for the sake of its grace and respect. No officer may kindly be harassed
in the name of wearing of the uniform. The wearing of the uniform may be undone
at the seats where it is not required et al. The point regarding
formulation of the norms for wearing or non-wearing of uniform was agreed during
the meeting of 15.03.12. You were also pleased to assure the Association of
doing the needful in the matter but nothing has happened till date. Necessary
steps may kindly be taken in the matter on immediate basis.
27. Option
for purchase of weapon: The point was agreed during the meeting of 15.03.12.
You were also pleased to assure the Association of doing the needful in the
matter but nothing has happened till date. Necessary steps may kindly be taken in
the matter on immediate basis.
28. Use of extended panel to
grant promotions: No extended panel was utilised at the time of the
regularisation of the promotions vide Notification No. 30/2000 of CBEC issued
vide F. No. A. 32012/8/2000-Ad.II(Pt.) Dt. 21.11.2000 of CBEC. The clarificatory DOPT OM No. 22011/4/98-Estt.(D) dt. 12.10.98
to DOPT OM No.22011/5/86-Estt. (D) dt. 10.4.89 says about the procedure to
be used for preparation of extended panel to benefit the in-service officers in
lieu of the retired officers. The CBEC should have prepared the extended panel
to give the benefit of the promotions to our in-service officers at the time of
the regularisation of the post-1979 promotions to implement the
judgement of the Hon’ble Supreme Court in its true spirit. Thus, the implementation
of the judgement of the Hon’ble Supreme Court is incomplete for the want of the
use of the extended panel. The earlier DPC’s, therefore, may kindly be reviewed
since 1980/1979 to give the maximum benefit to our
extraordinarily stagnated officers. The same provisions may also kindly be
applied in r/o of the DPC conducted in the month of June, 12 and also
future DPC’s for promotion to the post of Asstt. Commissioner. The Association
was assured about conducting of the supplementary DPC in this regard during the
meeting of 02.11.12 which is still awaited.
29. Renewal
of the recognition: The point was agreed during the meeting of 15.03.12. You
were also pleased to assure the Association of doing the needful in the matter
but the renewal is still awaited despite of the submission of all of the
required documents well in advance. The due renewal letter may kindly be issued
on immediate basis.
30.
Promotion of all Inspectors CE, PO’s & Examiners of one particular year to
the same level: The point was agreed
during the meeting of 15.03.12. You were also
pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. The
necessary steps may kindly be taken as per the agreed decision on immediate
basis. Such proposal was also mentioned as under examination during the cadre
restructuring presentation on 18.01.11 by CBEC.
31.
Promoting all the Superintendents who have completed 1.5 times of qualifying
service on the lines of CSS: The point was
agreed during the meeting of 15.03.12. You
were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. The
necessary steps may kindly be taken as per the agreed decision on immediate
basis. If they can’t be promoted functionally, they may kindly be promoted
in-situ requiring no expenditure or creation of posts.
32. Upgradation: As also agreed during the meeting
of 02.11.12, the upgradation of the Superintendents already drawing the
grade pay of Rs. 5400/- to the post of Asstt. Commissioner would be expenditure
neutral. All of such Superintendents may kindly be upgraded as Asstt.
Commissioner independent of cadre restructuring. Further keeping in view that
the promotion from Asstt. Commissioner to Deputy Commissioner is a time scale,
it is also requested that all the Superintendents drawing a grade pay of Rs.
5400/- for more than 4 years may kindly be upgraded as Deputy Commissioner. It
will also have a negligible expenditure as many of such officers are already
drawing a grade pay of Rs. 6600/- on account of IIIrd MACP upgradation vs.
their Inter-Commissionerate service.
33. Creation of separate service on the lines of CSS: The point was agreed during the course of
discussions of the meeting of 15.03.12. You were also pleased to assure the
Association of doing the needful in the matter but
there seems no progress in the matter. Necessary steps may kindly be
taken accordingly on immediate basis. Such proposal was also mentioned as under
consideration during the cadre restructuring presentation on 18.01.11. The
creation of the separate service on the lines of CSS etc. was also recommended
by DOPM in its file F. No. 8/B/4/O&PM/2008 submitted to the Member
(P&A) on 17.01.08 (vide letter F. No. 8/B/33/O&PM/2008 Dt. 06.05.08 of
the Commissioner of DOPM). Further, the creation of the separate service on the
lines of CSS etc. was also recommended by the Member (P&A) in F. No.
11013/67/2007-Ad IV of CBEC on 24.01.08. The direct IRS officers Association
also recommended for the same.
34.
Transfer & posting: The point was
agreed during course of discussions of the meeting of 15.03.12. You were
also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. Necessary
instructions may kindly be issued to the zonal authorities accordingly on
immediate basis. There should be a transparent transfer/posting policy for the transfer
& postings of the staff. This policy may kindly be framed under
consultation with the staff Associations in the field formations keeping in
view the geographical, climatic and other relevant factors as per the
circumstances and requirement based on the principle of minimum inconvenience
to the staff. The transfer & posting orders may kindly be issued without
the use of any influence or high-handedness and no officer should be harassed
in this matter.
35. Powers of
adjudication, refund etc. to Superintendents. The
point was agreed during the course of discussions of the meeting of
15.03.12. You were also pleased to assure the Association of doing the needful
in the matter but there seems no progress in the
matter. Immediate steps may kindly be taken in the matter.
36. Free
annual medical health check-ups: The point was
agreed during the course of discussions of the meeting of 15.03.12. You
were also pleased to assure the Association of doing the needful in the matter but there seems no progress in the matter. The immediate
steps may kindly be taken accordingly.
37.
Authorisation of premier private hospitals for medical care and treatment: The point was agreed during the course of
discussions of the meeting of 15.03.12. You were also pleased to assure the
Association of doing the needful in the matter but the
orders in the matter are still awaited. The due orders may kindly be issued on
immediate basis.
38.
Centralised GPF account: The point was agreed during
the course of discussions of the meeting of 15.03.12. You were also pleased to
assure the Association of doing the needful. The
matter may kindly be expedited.
39. Arrears of pay since 1986:
It was decided during course of discussions of the meeting of 15.03.12 that
the issue would again be taken up with the Expenditure.
You were also pleased to assure the Association of doing the needful. The necessary steps may kindly be taken on
immediate basis in an effective manner. The Board also issued the orders for
the same under the signature of then DS, Sh. Dharmveer Gupta, but the
implementation of the same is still awaited. It is also worth to mention that
the most of the then Inspectors have become Superintendents today.
40. Seniority benefit on
promotion to group ‘A’ in lieu of service rendered in group ‘B’: The point was agreed during the meeting of 15.03.12.
You were also pleased to assure the Association of doing the needful. Necessary steps may kindly be taken on immediate
basis. It is worth to mention that group ‘B’ gazetted officers belonging to the
Provincial Civil Services enter into IAS within 8 years with the 4 years
seniority benefit in group ‘A’ in many of the Southern States. This benefit of
seniority is also being given to the officers in many of the Central Govt.
departments.
41. Minimisation of litigations
with staff: There is no change in the scenario and the staff-side is forced
to avail legal remedy on each and every issue due to the apathetic &
non-serious attitude of the concerned authorities. You were also pleased to
appeal the Association not to go for litigations with the promise to redress
the grievances by taking administrative measures but, unfortunately, none of
the grievances has been redresses even after the directions of the legal courts
on many of the issues. Counters are being filed by the administration instead
of redressing the issues administratively. It is requested to redress such
issues administratively to minimise/end the litigations.
42. Delay in
vigilance/disciplinary cases: The prescribed time-frame in
vigilance/disciplinary matters is not actually being followed in the Board and
its offices. The delay in such matters is posing great hardships before the
concerned officers whether relating to conducting of inquiry or taking decision
on inquiry report or disposal of appeal or any other vigilance/disciplinary
matter. It is requested that all of such cases may kindly be disposed of within
the prescribed time-limit. The Association was assured about the necessary
action during the meeting of 02.11.12 but there is no change in the scenario
till date.
43. Delegation of powers to SSB officials: W.r.t. letter F.No. 394/52/2009-Cus(AS) Dt. 11.09.12 the
Board is willing to impart
training to the SSB officials under Customs Act, 1962 specially under Sec-100
to Sec-110. On one hand, our Board is not enhancing staff strength as per need
while on the other hand, Ministry of Home Affairs is very much keen to enhance
their workforce on the border. They are only interfering & harming the Customs
work. This has become the practice by the security agencies at every Customs
area to interfere with the Customs work & Customs personnel. The scuffle at
the C. S. I. Airport, Sahar, Mumbai (published in BITS column of the E.L.T Vol.
284:Part 3 dt. 15.10.12) is the glaring example of unwarranted interference by
the security agency in the statutory duties of the Customs officers. It is,
therefore, requested to intact the statutory objective of the Customs Act and
to withdraw any move to dilute the powers of Customs officers in Customs bonded
area by imparting the training to other agency without any statutory provision.
The statutory provisions of Customs Act can never be over ruled by any agency.
The necessary steps may kindly be taken in the matter to intact the prestige
& pride of the organisation in general and Superintendent cadre in
particular by stopping the unwarranted interference of the foreign agencies in
Customs work. The work of the other agencies (including security agencies)
should be limited to their function only without trespassing the powers of
Customs officers. Otherwise, our Customs officials should also be granted the
powers of the other agencies.
44. Special
pay of Audi: The special pay of audit
was being given to the officers posted in audit branches which was stopped all
of a sudden at many places without any reason. The special pay of audit may,
therefore, kindly be paid to all the officers being posted in audit braches
(whether Central Excise or Service Tax or Customs) since the date of its
discontinuance.
45. Reports by Range offices: Now-a-days, almost 84 types of reports are being
processed & complied at the Range level requiring verifications,
investigations, compilation of information etc. including various types of
miscellaneous works/reports sought by the higher formations over-burdening the
Range office. The Range Officers are not having time to discharging statutory
duties like scrutiny of returns, drafting of SCN/adjudication orders etc. on
account of such reports/works. Earlier to 2008, many such works/investigations
were being carried out by the Preventive wing of the Division offices. Due to
the removal of Preventive units from the Division offices, un-bearable loads
have been given to the Range Officers causing enormous problems as well as
mental agony vis-a-vis also harming the official work. It is, therefore,
requested that the Preventive wings may kindly be re-instated at all the
Division offices throughout the country to streamline the official work or some
alternative measures may kindly be taken accordingly not to make the Range
offices overburdened.
In view
of the above, it is requested that a full fledged meeting may kindly be held
under employee grievance redressal mechanism to redress the above issues and
the purposeful & correct minutes may also kindly be issued for the meeting.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
