CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS)

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. 82/P/13 Dt. 06.05.13

To,

The Hon’ble Minister of State for Finance (Revenue),

Government of India,

North Block, New Delhi.

Sub: Parity to Central Excise executive officers with common entry counterparts of CSS recruited through same examination conducted by SSC.

Sir,

It is submitted with due regards that there has been continuous acute stagnation in the cadre of Central Excise Superintendent (Group ‘B’ gazetted post). Out of 11500 Central Excise Superintendents, around 10000 are already eligible for promotion to group ‘A’ having rendered more qualifying service than required for promotion. But they are being allowed only one promotion in their entire service career of 35-40 years after entry into the job as Inspector. Only around 1.67% of them are able to enter junior group ‘A’ without any financial benefit at the fag end of the career in a pay scale already being drawn by them on account of ACP/MACP upgradation. They are retiring merely in a PB2 post while their common entry counterparts are retiring in PB4.

2. They are not only facing extraordinarily acute stagnation on account of being the most stagnated category of government employees despite of earning major portion of revenue for government but their promotional channel/career prospects is/are also not at par with their common entry counterparts including CSS. The most of the gazetted officers in Central and State governments are being granted next promotion to a Senior Time Scale (STS) post with a Grade Pay of Rs. 6600/- while the Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with a Grade Pay of Rs. 5400/-. Their common entry counterparts in CSS are not only being promoted to a STS post but also reaching the level of Joint Secretary (GP-Rs. 10000/-) thanks to far better promotional avenues. Not only in CSS but also in IAS, IPS, IFS, Rajya Sabha Secretariat, CSSS, AFHQS, Engineering Services, CPWD, State Services etc., their counterparts are being promoted to a STS post.

3. At many of other places like Railways, State Services, Administrative Services, Police Services etc., the group ‘B’ officers are also allowed the weightage of minimum of 4 years at the time of entry into group ‘A’ in lieu of the service rendered by them in the group ‘B’. For example, State Service officers in Southern States enter into IAS in a grade pay of Rs. 6600/- within 8 years with 4 years of seniority benefit while the Central Excise Superintendents are unable to enter IRS even after serving for 35-40 years. They enter (if any) into IRS in a grade pay of Rs. 5400/- only and retire at same level without any weightage for seniority in group ‘A’. Even time scale granted to them after 4 years of service is in PB2 while it is in PB3 for other group ‘B’ gazetted officers. The rationale behind such a provision of weightage at the time of promotion to group ‘A’ is based on the fact that the promotee officers have gained rich job experience while working as group ‘B’ officer as compared to the officers recruited directly to group ‘A’ but the Central Excise Superintendents are not being given the benefit of any weightage despite of being served for the longest period in group ‘B’.

4. The recruitment rules viz. Indian Customs & Central Excise Service Group ‘A’ Rules, 1987 were enacted in 1987 without providing weightage for service rendered by the group ‘B’ officers for promotion to group ‘A’. As a result, the group ‘B’ Central Excise executive officers promoted to group ‘A’ in the Central Board of Excise Customs (CBEC) are not allowed the benefit of their rich experience despite of even the Adjudication Orders being prepared by them for the Commissioner level officers.

5. Before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ officers on promotion to group ‘A’ were allowed five increments in their group ‘A’ pay scale since senior time scale was not available at that point of time. Also before the Rules, 1987 were enacted, the Central Excise Inspectors enjoyed promotion up to the level of Commissioner or even above.

6. Further, the Central Excise Inspectors and Assistants of the Central Secretariat Services (CSS) are recruited through a common entrance examination conducted by the Staff Selection Commission and in a common scale of pay. Once upon a time, the pay scale of the Assistants was lower than the pay scale of the Central Excise Inspectors but was upgraded at par later on. Like it, the pay scale of the Section Officers was lower than the pay scale of the Central Excise Superintendents but was upgraded at par later on. Eventually, the Inspectors are promoted to the rank of Superintendent whereas the Assistants are promoted as Section Officers. The posts of Central Excise Superintendent and Section officer of CSS are analogous, yet the similarity ends here. Section Officers are promoted directly to the Senior Time Scale post with a grade pay of Rs 6600/- whereas the Central Excise Superintendents are promoted, if at all, to the Junior Time Scale post merely with a grade pay of Rs. 5400/-.

7. IAS and IPS are the most elite services in the country and the group ‘B’ officers are provided weightage even on promotion to these services in lieu of the service rendered in group ‘B’. The 6^th CPC has also already intended to remove the disparities between the headquarters and field officers but nothing has changed the fate of the Central Excise Superintendents. They are still totally ignored & discriminated in the matter of career prospects as well as pay in comparison to their counterparts.

8. It is also worth to mention that the 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 powers of recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 or Section 108 of the Customs Act, 1962. The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. However, though the Central Excise Superintendents are performing more responsible work functions as compared to other common entry counterparts yet they are facing the worst career prospects instead of being given better treatment. They are being maltreated despite of being the ‘backbone of the government revenue’ on account of being the major revenue collectors for the government in the form of Central Excise duty, Customs duty and Service Tax and also GST in the forthcoming times. Thus in the actual terms, though they are the ‘backbone of the government’ on account of being responsible to earn the finance for the government yet are being totally ignored in every matter.

9. In view of the above, it is requested that the Central Excise executive officers may kindly be granted parity with common entry counterparts of Central Secretariat Service and Superintendents of Central Excise may also be allowed next promotion directly to the Senior Time Scale.

Thanking you,

Yours faithfully,

Encls: Copies of Recruitment Rules of the IAS, IPS and the CSS.

(RAVI MALIK),

Secretary General.

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

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. 83/M/13 Dt. 06.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Seniority benefit on promotion to group ‘A’ in lieu of the service rendered in group ‘B’.

Madam,

Kindly refer to the minutes drawn against point No. 40 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. First of all, it is submitted with due regards that no decision of ‘submitting a detailed proposal by Association’ was taken in the meeting and the decision has been deviated as an afterthought as usual to divert the issue. The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful during the meeting of 02.11.12 but nothing has been initiated till date. The due submissions are, however, again being made under the forthcoming paras expecting some serious approach from the administration this time to actually resolve the issue at an early date.

3. It is further submitted that there has been continuous acute stagnation in the cadre of Central Excise Superintendent. Out of around 11500 Central Excise Superintendents, around 10000 are already eligible for promotion to group ‘A’ having rendered more qualifying service than required for promotion. But they are being allowed only one promotion in their entire service career of 35-40 years after entry into the job as Inspector. Only around 1.67% of them are able to enter junior group ‘A’ without any financial benefit at the fag end of the career in a pay scale already being drawn by them on account of ACP/MACP upgradation. They are retiring merely in a PB2 post while their common entry counterparts in PB4.

4. At many of the places like various services in Railways, Administrative Services, Police Services, State Services etc., the group ‘B’ gazetted officers are allowed the weightage of minimum of 4 years at the time of entry into group ‘A’ giving them due seniority benefit in lieu of the service rendered by them in the group ‘B’. For example, Provincial Services officers in Southern States enter into IAS in a grade pay of Rs. 6600/- within 8 years with 4 years of seniority benefit while the Central Excise Superintendents are unable to enter IRS even after serving for 35-40 years without any such benefit. They enter (if any) into IRS in a grade pay of Rs. 5400/- only and retire at same level without any weightage for seniority in group ‘A’. Even time scale granted to them after 4 years of service is in PB2 while it is in PB3 for other group ‘B’ gazetted officers. The rationale behind such a provision of weightage at the time of promotion to group ‘A’ is based on the fact of the promotee officers being gained rich job experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers but the Central Excise Superintendents are not being given the benefit of any weightage despite of being served for the longest period in group ‘B’ as compared to any other category of the group ‘B’ employees of the Govt. of India.

5. The recruitment rules viz. Indian Customs & Central Excise Service Group ‘A’ Rules, 1987 were enacted in 1987 without providing weightage for service rendered by the group ‘B’ officers for promotion to group ‘A’. As a result, the group ‘B’ Central Excise executive officers promoted to group ‘A’ in the Central Board of Excise Customs (CBEC) are not allowed the benefit of their rich experience despite of even the Adjudication Orders being prepared by them for the Commissioner level officers.

6. Before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’ since senior time scale was not available at that point of time. Also before the Rules of 1987 were enacted, the Central Excise Inspectors enjoyed promotion up to the level of Commissioner or even above.

7. IAS and IPS are the most elite services in the country and the group ‘B’ officers are provided weightage even on promotion to these services in lieu of the service rendered in group ‘B’. But nothing such happens to the Central Excise Superintendents at the time of entry (if any) to IRS, the same also being one of the elite services of the Govt. of India.

8. It is also worth to mention that the 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 powers of recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 or Section 108 of the Customs Act, 1962. The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. However, though the Central Excise 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 the ‘backbone of the government revenue’ on account of being the major revenue collectors for the government in the form of Central Excise duty, Customs duty and Service Tax and also GST in the forthcoming times. Thus in the actual terms, though they are the ‘backbone of the government’ on account of being responsible to earn the finance for the government yet are being totally ignored in every matter including the seniority benefit on promotion to group ‘A’ in lieu of the service rendered in group ‘B’.

9. In view of the above, it is requested that the Central Excise Superintendents may also be allowed the seniority benefit on promotion to group ‘A’ in lieu of the service rendered in group ‘B’ and their seniority be also fixed in group ‘A’ by granting the due weightage for group ‘B’ service rendered by them.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, New Delhi.

(RAVI MALIK)

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

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. 85/M/13 Dt. 06.05.13

To,

The Member in charge of Systems & Data Management,

CBEC, North Block,

New Delhi.

Sub: Role of Inspectors & other hardships in ACES.

Madam,

Kindly refer to the minutes drawn against point No. 21 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. First of all, it is submitted with due regards that no decision of ‘preparing a specific proposal by Association giving details about the changes required to be made in ACES’ was taken in the meeting. The decision has been deviated in the minutes as usual. 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 02.12.12 but nothing has happened 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. As asked, the due submissions are being made under the forthcoming paras giving details about the changes required to be made in ACES with the request to resolve the issue at an early date.

3. It is again submitted with due regards that no role of the Inspector has been defined in the ACES and this post has not been given any password for the same. All the burdens and responsibilities have been put on the Superintendents without any assisting hands. As per the office procedure manual, the Inspector is an integral part of the working in the department to assist his supervisory officer, i.e., Superintendent. The returns filed by the assesses paying the duty to the tune of 1 to 5 crore or more are also not going to the dash boards of AC/DC and ADC.

4. It is also worth to submit that ACES is not functioning properly right from the date of its inception. The officers are finding it very difficult to complete their day to day desk work within the stipulated time. In fact, the very purpose of ACES is defeated due to the understaffing and various other shortcomings. The scrutiny of ER1 returns within a time frame in ACES has become a herculean task for the officers.

5. The Server of ACES is of low capacity and the officers are finding it difficult to get their dashboards open fast. Most of the time, it hangs on and displays the note “failed to connect”. Even if the officers are fortunate enough to get into the dashboard, the connectivity does not last long disconnecting repeatedly quiet often. There are frequent disruptions in connection resulting in loss of data entered. Many a time, the returns whose status is “filed” for assessees are not appearing in RSP’s dashboard. Due to this failure and owing to lack of facility of saving the past completed work or retrieve the work done earlier, the officers are forced to do the duplication of their past work. This sort of practical problem completely demoralizes the officers and considerable man power & time are being wasted without yielding the desired result.

6. Not only it, the ACES is outdated without any update or development in the site. The programme is not at all user friendly. There is no scroll down menu to select the Notification number or Serial number. In fact, the most of the error code and marking of returns for review is due to this reason. Even small mistakes like failure to insert a space are resulted in marking the return for review. If there was a scroll down menu with updated data, the most of the returns might not have been marked for review and also it would have been easy for the officers to select the appropriate Notification number from the scroll down menu and settle the issue easily. Commodity wise listing of notification is also not available for easy access. The process to be followed is very lengthy even to make small amendments. Filing of ER-3 & ER-8 is evenmore complicated than E.R.1. After entering the quarterly report, the access does not show the value, production & duty for the quarter instead it shows the figures for the month of January. The storage and printing of any returns/data for any reference or off-line working is not at all possible as there is no quality printer available in the most of the formations. As any other printers available with the field formations are incompatible to use with ACES, the officers are forced to take note of the data manually and work further. This wastes the time and manpower. If any error identified by the ACES after filing the returns is prevented at the time of uploading the data by the assessee itself, the most of the validation process and R&C can be rationalized to a greater extent. The functioning of help desk of the ACES needs to be improved so as to address the needs of the assessees who are very often contacting the Range officers as their ACES grievances are not being addressed properly by the help desk.

7. Next to the unfocused task of scrutiny of the basic documents in ACES comes the reporting. It is a nightmare for the officers to generate any report from ACES since there is no provision in ACES to generate reports as required by the Hqrs offices. All the officers who are working in ACES are also not properly trained to generate the data through ACES. On account of it, the field formations are being pressurized by the Hqrs offices with basic reports which can very well be generated/retrieved from ACES with the expertise assistance of the computer programmers who are well versed with ACES. This shows the under utilization of ACES. If the reports are generated based on the data available with the ACES instead of sticking to the pre-ACES legacy of asking for every data from the field formations, there will be an accuracy and uniformity in the reporting. This will improve the working atmosphere at grass root level and the field level officers would not be forced to do the unproductive duplication of the work to a great extent. The field officers are finding it difficult to generate the reports, asked the most of the time “by return of fax”, as they are clueless about the returns filed by the assesses due to the outdated ACES and low capacity server. To withstand the pressure and submit the required report in time, the officers are forced to stick on to the manual returns with great hardships as the officers find it difficult to get the manual returns from the assessees due to the instructions regarding the hard copies need not be filed by the assessees.

8. There is a major defect in the workflow. The entry level officer in executive set up of CBEC is Inspector. The ACES workflow does not recognize this cutting edge level cadre of Inspector. As the role of Inspector has not been defined in ACES workflow, no work can be assigned to him in ACES though Inspector is supposed to do the basic scrutiny of returns as per the hierarchical set up. The net result is that the Range Superintendent has to do all the scrutiny work alone increasing his work-load manifold. It’s a pity that roles could not be assigned to Inspectors in ACES workflow even after 3/4 years.

9. Any return scrutinized and submitted by the RSP (Range Officer) automatically shifts to the dash board of the divisional AC/DC who has to further verify these returns. If the divisional AC/DC do not scrutinize/approve the return submitted by the RSP, the concerned RSP cannot access the next return as there will be a remark on his dashboard that “The previous return is pending with AC/DC”. Since there are hundreds of unfilled AC/DC posts in various zones, there are several thousands of returns pending scrutiny at Range level. However as per the CBEC circular, mandatory scrutiny of returns by AC/DC is required only when the revenue is more than one crore.

10. The workflow also does not recognize the roles of Divisional Superintendents like those in Technical, Service Tax, Preventive or Audit, though their roles are of great importance in the departmental set up. Similar is the case with the Superintendents working in different sections in the Commissionerate Headquarters offices. Even though roles are assigned to Superintendent in audit module, it also has deficiency as only one person can be assigned the role of auditor in ACES. This person has to enter the details of all audit parties in the ACES module as the others are not authorized to do so.

11. A diesel generator having 10 KVA which can power an entire building is supplied to the stand alone ranges to run the ACES application during power failures. However, no light or fan can be connected to this auxiliary supply which means that the officers operating the ACES have to sit in the dark without fan while the ACES application alone gets power. Some new roles have been automatically assigned to Range Superindents as a result of introduction of ACES. They are to purchase diesel for genset, change genset to “bye pass” or “normal” every day, maintain the log book for diesel consumption and record the runtime of genset. The most of the stand alone ranges are housed in rented premises where the diesel gensets are installed. The security of the gensets have also become an additional responsibility for RSP’s.

12. The equipments supplied with ACES are substandard and requires unnecessary expenditure for maintenance. The range officers are quite unaware of the contract or the terms entered by the department with the vendors for the maintenance of ACES equipments which often results in unwanted issues relating to warranty/guarantee, maintenance etc. The range officers are also not technically qualified persons to monitor the issues relating to operation, maintenance etc. of the ACES equipments.

13. The system for fault repair/maintenance etc is connected to BPO’s of respective vendors. As a result, the Range Officer has to make so many phone calls to the toll free numbers to report/register any issue connected to ACES resulting in loss of precious working time. Even though there is no departmentally issued cell phones, we are forced to give our personal cell phone numbers while registering a complaint resulting in many disturbing telephone calls from different persons on the same issue even beyond office hours/on holidays.

14. The training given to R.O’s is insufficient for understanding the working of many ACES modules. The Superintendents are reduced to mere data entry operators in ACES rather than their real role of supervisory officers since all the basic works in ACES begin with RSP. The RSP has to create case portfolios, SCN’s etc. and capture all other details related to refund, appeals etc. resulting in manifold multiplication of the work. Many of the small assessees are illiterates or semi-literates, the use of computer is out of question for them. The RO’s are to create e-mail Ids for these assessees and assist them in entering the returns in ACES. As the most of the ranges are having only one Inspector and one computer, this process of entering data into ACES add to their worries.

15. As the different modules in ACES are not updated as and when new notifications/circulars are issued, the application will throw error messages regarding rate of duty/exemption notification number etc. much to the embarrassment of the assessee/departmental officers. The reports which can be generated at the back end are also not complete as the revenue data reflected on it is based on the data uploaded by NSDL, which often gets delayed. As a result, the RSP’s are forced to prepare all the reports manually which adds to their misery.

16. Due to the failure of ACES, all the offices are maintaining simultaneous manual records necessary for them for timely submission of various reports which leads to duplication of work. On account of this, the Range offices are facing insufficient manpower since most of the formations have only Superintendent alongwith one Inspector and they are finding it difficult to complete their routine works. Further, the Inspectors who are the cutting edge level officers next to the Superintendent of the Range offices are not having access to the ACES. Therefore to speed up the issue of clearing the backlog scrutiny of ER-1 returns, the ACES access is very necessary to be extended to the Inspectors also.

17. All the Range offices are also required to be provided with powerful UPS instead of gensets which can provide adequate & quality power supply for the smooth running of the ACES work. Our officers are already putting whole hearted & dedicated efforts as expected by the department even after bearing the brunt of extraordinarily acute stagnation and lack of career growth, the worst working conditions, basic infrastructure etc.

18. In view of the above, it is again requested that the role of Inspectors may kindly be defined in the ACES and they may also be provided password for the same to assist Superintendents. The returns should be passed-on from the dash board of the Inspector to the dash board of the Superintendent. It is also requested that the corrective measures should also be taken for flashing the returns involving more than one crore of duty on the dash board of concerned AC/DC or ADC and required infrastructure may also kindly be made available to the officers to maximize the optimum utilization of ACES and to motivate the officers for its effective utilization. Necessary changes are also required to cope-up with the hardships as submitted in details under the above paras.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

The DG, Systems & Data Management, CBEC, New Delhi.

(RAVI MALIK)

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

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. 86/M/13 Dt. 08.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Special pay of Audit.

Madam,

Kindly refer to the minutes drawn against point No. 44 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. With due regards, it is very unfortunate that the correct transpirations have not been incorporated in the minutes and the decision has been deviated as usual to divert the issue.

3. As far as any justification is concerned, it is further submitted that the justification is always required to be asked & given only for the new things to happen. No justification is ever required for already existing things. The Association requested only for the revival of the established old functioning of audit which was certainly started only after full justification decades ago to compensate the audit officers in lieu of the specialized & expert work requiring extra efforts. The Association never asked to initiate any new thing requiring any justification at all regarding this point. The special pay of audit was stopped all of a sudden without any administrative order/instruction/reason/justification.

4. Keeping in view that the officers should always be compensated for the extra efforts made for specialized & expert work, your goodself was also pleased to opine that the officers working on the other places like adjudication, legal, vigilance etc. should also be paid special pay. This incentive will motivate them to work on these seats/places.

5. Like opined by you that the payment of incentive would motivate the officers, the payment of special pay as incentive will also motivate the officer for audit work. We all know very well that the importance of audit work is going to be increased manifold in the forthcoming time on account of the trade friendly & tax liberalised policies of the government. Only the audit will be the most important work to check revenue evaders. So, it is very necessary not only to revive the old special pay of audit but also to devise some new incentives for audit work. No need to say that the grant of the special pay shall generate more revenue through the audit work on account of the creation of more interest for work among officers.

6. In view of the above, it is once more requested that the special pay of audit may kindly be revived and paid to all the officers being posted in audit braches since the date of its discontinuance.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, New Delhi.

(RAVI MALIK)

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

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. 87/T&P/13 Dt. 08.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub. : Finalisation of transfer & posting policy of Mumbai Zone.

Madam,

As reported by the Mumbai Unit of the Association, it is submitted with due regards that the transfer & posting orders are being issued without finalisation of the policy under consultation with the Association in the Mumbai Zone. Further, the use of the personal pleasure & highhandedness by the field authorities in the matters of transfer & postings is regularly being raised before the CBEC. The CBEC was always pleased to assure the Association issuing the due directions to the field formations in this regard. There also already exist the directions/instructions of the Board that transfer & posting policy is always to be finalised/amended under consultation with the staff Associations. But still it is very unfortunate that the field authorities are acting in a very highhanded manner in r/o this issue at many places including Mumbai.

2. The vacancy position maintained in Mumbai Zone alongwith the staff position of Service Tax is also necessary to set right before the issuance of the transfer & posting orders. Further as agreed, another round of meeting with the staff Associations is also to be held to finalise the amendments in the transfer & posting policy.

3. In view of the above, it is requested that the Mumbai administration may kindly be directed to kindly finalise the transfer & posting policy first under consultation with the staff Associations before issuing the transfer & posting orders in any haste & hurried manner.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

The Chief Commissioner of Central Excise (Mumbai-I Zone), Mumbai.

(RAVI MALIK)

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

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. 88/T&P/13 Dt. 08.05.13

To,

The Chief Commissioner (Vadodara/Ahmedabad Zone),

Central Excise, Service Tax & Customs,

Vadodara/Ahmedabad.

Sub: Posting of Association functionaries.

Sir,

Kindly refer to the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs”.

2. It is submitted with due regards that the point No. VI of the above referred Board Circular very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 regarding transfer & posting of Association functionaries should be observed strictly read with further amendments, if any. As per the said instructions of DOPT, the Association functionaries are not to be transferred outside the headquarters office/station.

3. As per the decades long established practice also, the Association functionaries were never being transferred to outside by the cadre controlling authorities scattered as attached & subordinate offices of CBEC throughout the country. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as OM No. 16/18/2008-JCA Dt. 03.09.12 also says that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable in comparison to the DOPT guidelines on the issue.

5. In view of the above, it is requested that the Association functionaries may kindly not be transferred outside the administrative/Association headquarters office/station. If they are posted outside, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking of Association functionaries with the administration & staffside both.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 90/M/13 Dt. 09.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Transfer & posting.

Madam,

Kindly refer to the minutes drawn against point No. 34 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. It is submitted with due regards that 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 in the meeting of 02.11.12. Accordingly, the zonal authorities were to be communicated but there seems no progress in the matter.

3. Further, the use of the personal pleasure & highhandedness by the field authorities in the matters of transfer & postings is regularly being raised before the CBEC. The CBEC was always pleased to assure the Association issuing the due directions to the field formations in this regard. There also already exist the directions/instructions of the Board that transfer & posting policy is always to be finalised/amended under consultation with the staff Associations. But still it is very unfortunate that the field authorities are acting in a very highhanded manner in r/o this issue at many places without caring for the existing instructions of the Board.

4. We all know that this is the time of curbing the corruption and create total transparency in the system. The use of any influence in the matter of transfer & posting is not only detrimental to the aim of the policy of ‘curbing the corruption and create total transparency’ but also unable to give the justice to the officers having no influence and is against all ethics. It also gives a bad message about our organisation of CBEC.

5. It is further submitted that 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, if not ‘maximum convenience’ to them. 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.

6. In view of the above, it is requested that the necessary directions/instructions may kindly be issued to the zonal authorities accordingly on immediate basis. It is again requested that the transfer & posting policy may kindly be finalised under consultation with the staff Associations before issuing the transfer & posting orders.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, New Delhi.

(RAVI MALIK)

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

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. 92/M/13 Dt. 09.05.13

To,

Sh. Namonarayan Meena,

The Hon’ble Minister of State,

Department of Expenditure as well as Revenue, Govt. of India,

North Block, New Delhi.

Sub: Cadre restructuring of CBEC.

Sir,

It is submitted with due regards that the ongoing cadre restructuring of CBEC was started in 2006 but is still pending even after 7 years. As per DOPT guidelines, even the next cadre restructuring should have been started after 5 years but our officers are forced to retire without promotion waiting for the ongoing one too. The Superintendents/Inspectors of Central Excise are retiring with only one promotion in their service career barring 1.67%. In last 3 decades, it is the only 2nd cadre restructuring to be held in CBEC while, as per norms, at least 6 cadre restructurings should have been happened. Even after the last cadre restructuring of 2002, two more cadre restructurings should have been happened. It is also mentionworthy that IIIrd cadre restructuring has already started after 2003 in the case of CSS.

2. Presently, the ongoing cadre restructuring of CBEC is with the Department of Expenditure after the kind approval at the level of your goodself as well as the Hon’ble Finance Minister. It is also worth to submit that this was already approved by the Department of Expenditure two years ago but has again been sent for re-approval even for less Expenditure/reduced number of posts this time.

3. In view of the above, it is requested that the necessary steps may kindly be taken for an early approval of the ongoing cadre restructuring of CBEC by the Department of Expenditure under your kind control particularly keeping in view the mass level retirements without promotion of our officers every month.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 94/Ad hoc/13 Dt. 13.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Promotions against long term ad hoc vacancies.

Madam,

With due regards, the Association came to know that some of the officers promoted against long term ad hoc vacancies are being regularised by CBEC w.e.f. their date of ad hoc promotion. No need to submit that such regularisations shall place the senior officers promoted against regular vacancies at lower positions in all India seniority list in comparison to the officers promoted against ad hoc vacancies.

2. It is further submitted, as the Association came to know, that the zonal seniority lists have already been revised at a few places by way of review DPC to grant the benefit of seniority to a few officers promoted against long term ad hoc vacancies placing them above the majority category of the officers promoted against regular vacancies. Such review DPC’s are being held consequent to the opinion of the CBEC that duration of vacancy and not the nature need to be reckoned for the purpose of regularisation. But this shall do the gross injustice with the officers promoted against regular vacancies and is against not only the rule of law but also the principle of natural justice.

3. It will also have all India implications because the promotions to the Asstt. Commissioner grade are still ad hoc after 1996 and regularisation of these ad hoc promotions would cause consequent reversion also leading to revision of seniority list. Further, this may also set precedent for regularisation of the promotions made against ad hoc vacancies and consequently the revision of seniority lists for all grades & cadres taking another 2-3 years. Meanwhile the cadre restructuring would be approved by the Union Cabinet requiring to fill up new posts by promotions from feeder grades. But if the new posts created in cadre restructuring are not filled up immediately for the want of complete seniority lists, these new posts would automatically be abolished as per the extant DOPT guidelines.

4. There also exist no instructions/guidelines to place the senior officers promoted against regular vacancies below the junior officers promoted against ad hoc vacancies. It has been stated as per para 5 of the DOPT comprehensive guideline/instructions issued vide OM No. 28036/1/2012-Estt(D) dt. 03.04.13 on ad hoc appointments/promotions that “an ad hoc appointment does not bestow on the person a claim for regular appointment and the service rendered on ad hoc basis in the grade concerned also does not count for the (i) purpose of seniority in that grade and (ii) eligibility for promotion to the next grade”. As per the previous OM’s of 1988 and 2001 of DOPT on the issue, it is also clear that ad hoc promotions are limited to only one year extendible by DOPT on reference and in case of failing to make such a reference, ad hoc appointment/promotions cease on expiry of one year.

5. In view of the above, it is requested that any move to regularise the promotions made against ad hoc vacancies, long term or short term, may kindly be stopped immediately to save those officers from gross injustice who have been promoted against regular vacancies.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The Secretary, Deptt. of Revenue, New Delhi.

2) The Chairperson, CBEC, New Delhi.

3) The DG, HRD, CBEC, New Delhi.

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

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. 95/CR/13 Dt. 13.05.13

To,

Sh. P. Chidambaram,

The Hon’ble Finance Minister, Govt. of India,

North Block, New Delhi.

Sub: Cadre restructuring of CBEC.

Sir,

2. Presently, the ongoing cadre restructuring of CBEC is with the Department of Expenditure despite of the kind approval by your goodself on 12.04.13 one month ago. It is also worth to submit that this was already approved by the Department of Expenditure two years ago but is again with it for re-approval even for less Expenditure/reduced number of posts this time. It was expected after the approval by your goodself on 12.04.13that it would not go to the Expenditure now on account of your goodself being the head of whole of Finance including the Expenditure. Moreover, it was sent for your approval after the approval by the MOS who was/is also in charge of the Expenditure under your kind control. It was rather expected to be sent to the Committee of Secretaries immediately after your approval on 12.04.13. Further, it is also worth to mention that the cadre restructuring of CBEC is far behind of CBDT despite of the CBEC being far ahead of revenue target for 2012-13 while the cadre restructuring of CBDT is far ahead of CBEC despite of the CBDT being far behind of revenue target for 2012-13.

3. In view of the above, it is requested that the necessary steps may kindly be taken for an early approval of the ongoing cadre restructuring of CBEC not only by the Department of Expenditure under your kind control but also by the Committee of Secretaries/Group of Ministers as well as Union Cabinet particularly keeping in view the mass level retirements without promotion of our officers every month.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 96/CR/13 Dt. 13.05.13

To,

Sh. R. S. Gujral,

The Finance Secretary and Secretary of Expenditure,

North Block, New Delhi.

Sub: Cadre restructuring of CBEC.

Sir,

As already known to your goodself since your stint as the Revenue Secretary also, it is submitted with due regards that the ongoing cadre restructuring of CBEC was started in 2006 but is still pending even after 7 years. As per DOPT guidelines, even the next cadre restructuring should have been started after 5 years but our officers are forced to retire without promotion waiting for the ongoing one too. The Superintendents/Inspectors of Central Excise are retiring with only one promotion in their service career barring 1.67%. In last 3 decades, it is the only 2nd cadre restructuring to be held in CBEC while, as per norms, at least 6 cadre restructurings should have been happened. Even after the last cadre restructuring of 2002, two more cadre restructurings should have been happened. It is also mentionworthy that IIIrd cadre restructuring has already started after 2003 in the case of CSS.

2. Presently, the ongoing cadre restructuring of CBEC is with the Department of Expenditure. It is also worth to submit that this was already approved by the Department of Expenditure two years ago but is again with it for re-approval even for less Expenditure/reduced number of posts this time. It is also worth to mention that the cadre restructuring of CBEC is far behind of CBDT despite of the CBEC being far ahead of revenue target for 2012-13 while the cadre restructuring of CBDT is far ahead of CBEC despite of the CBDT being far behind of revenue target for 2012-13. Further, your goodself was also pleased to say on so many times during your stint as the Revenue Secretary that the cadrer estructuring of CBEC would come within month but very unfortunately, the same is still pending for long.

3. In view of the above, it is requested that the necessary steps may kindly be taken for an early approval of the ongoing cadre restructuring of CBEC not only by the Department of Expenditure under your kind control but also by the Committee of Secretaries particularly keeping in view the mass level retirements without promotion of our officers every month.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 97/M/13 Dt. 13.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Immediate Fulfilment of the commitments made during the presentation on cadre restructuring on 18.01.11.

Madam,

Kindly refer to the minutes drawn against point No. 5 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. It is submitted with due regards that the decision on this point has also unfortunately been deviated to dilute the issue as usual. 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 in the meeting of 02.11.12. The Association has already submitted separate representation on every issue but nothing happened till date on any of the issues even after expiry of more than 27 months despite of the assurance of doing the needful. You were also pleased to assure the Association in 31.01.13 meeting that the necessary action would be taken after going through the presentation/its minutes and accordingly, you asked the concerned Director/authority to produce the same before your goodself.

3. But contrary to the assurance given in the meeting, it has only been mentioned in the minutes that the Association was already informed about the status of cadre review proposal. The minutes are silent about the commitments made on 18.01.11, many of which were promised to be fulfilled independent of cadre restructuring.

4. In view of the above, it is requested that the necessary steps may kindly be taken to fulfil the commitments accordingly on immediate basis to actually redress the issues. Some of the commitments include (i) Creation of separate service for group ‘B’ executive officers, (ii) Promotion of group ‘B’ gazetted executive officer directly to STS like CSS, (iii) Bringing all Inspectors, PO’s & Examiners of same year to same level of promotion (iv) Uniform minimum qualifying service for promotion to gazetted post for Inspector, PO & Examiner, etc.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, New Delhi.

(RAVI MALIK)

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

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. 98/M/13 Dt. 13.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: At least four functional promotions in the service career.

Madam,

Kindly refer to the minutes drawn against point No. 6 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. It is submitted with due regards that nothing concrete has been mentioned in the minutes regarding this point also. Only it has been mentioned for the sake of formality that the feasibility of this proposal needs to be examined but nothing has been examined till date. It is, however, also worth to submit in this regard that the proposal on the lines of granting time scale after every 7 years to our officers has already been examined and was recommended to the 6^th CPC by the CBEC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07.

3. It is further submitted that other common entry counterparts of ours in 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.

4. In view of the above, it is requested that the effective measures may kindly be taken to seriously undo this discrimination and our officers may also be granted at least 4 functional promotions in the service career. In this regard, it is worth to submit that the promotions from AC to DC and JC to ADC do not fall under the category of functional promotions. It is also worth to mention again that the CBEC itself recommended the time scale after every 7 years (at least 5 promotions) for our officers to the VIth CPC but no efforts are being made now at the level of CBEC on the issue when the same can be done independent of CPC, if the CBEC is really serious on the issue.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, New Delhi.

(RAVI MALIK)

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

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. 99/H/13 Dt. 14.05.13

To,

The Chief Commissioner of Central Excise,

Coimbatore Zone,

Coimbatore.

Sub: Transfer of Sh. M. Rajaclimax, the General Secretary of Tirunelveli Unit of the Association.

Sir,

2. In this regard, your kind attention is invited to the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs”. The point No. VI of the above referred Board Circular very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 regarding transfer & posting of Association functionaries should be observed strictly read with further amendments, if any. As per the said instructions of DOPT, the Association functionaries are not to be transferred outside the headquarters office/station/jurisdictional area of the concerned Commissionerate/unit.

3. As per the decades long established practice also, the Association functionaries were never being transferred to outside the jurisdictional area of the concerned Commissionerate by the cadre controlling authorities scattered as attached & subordinate offices of CBEC throughout the country. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as OM No. 16/18/2008-JCA Dt. 03.09.12 also says that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable in comparison to the DOPT guidelines on the issue.

4. It has again been clarified/reiterated latestly by the DOPT in this regard vide F.No. 16/18/2008-JCA Dt. 17.04.13 sent to Sh. Ajit Gambhir, Director, Ad IV of CBEC that, “In such of the Government departments/offices where a different practice is being followed now, the existing practice, if not less favourable, may continue.” It is also worth to submit that Sh. Rajacimax never applied for an inter-Commissionerate transfer (ICT) to Madurai and as per the existing practice in the Coimbatore Zone, no ICT is ordered even to any staff except on request.

5. Further, Sh. Rajaclimax is near retirement within year. DOPT guidelines also say that the govt. officers near retirement within 2 years should not be disturbed from existing station and be placed at their desired station.

6. Moreover, this All India Body is having its units throughout India at Commissionerate levels. This body is having its separate units for Tirunelveli and Madurai with different sets of office bearers. Sh. Rajaclimax is General Secretary of the Tirunelveli Unit. For Madurai Unit, the Association is having another officer as General Secretary. If Sh. Rajaclimax is transferred out of Tirunelveli Commissionerate, there will be no General Secretary of Tirunelveli Unit to look after the Association work and other staff welfare activities. The members of Tirunelveli believe that the General Secretary has been victimised for his Association activities and they are very agitated. His transfer outside the Tirunelveli Commissionerate will jeopardise the interest and welfare of the members of the Association.

7. Even otherwise, the case of Sh. Rajaclimax is a fit case to get him stayed at Tuticorin under the jurisdiction of Tirunelveli Commissionerate on account of his compassionate grounds already submitted to your goodself by him.

8. In view of the above, it is requested that Sh. Rajaclimax may kindly be retained at Tuticorin itself under the jurisdiction of Tirunelveli Commissionerate and not be transferred to Madurai Commissionerate outside the jurisdiction of Tirunelveli Commissionerate. If he is transferred outside the Tirunelveli Commissionerate, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking of Association with the administration & staffside both.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

The Commissioner, Central Excise, Tirunelveli.

(RAVI MALIK)

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

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. 100/H/13 Dt. 14.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Transfer of Sh. M. Rajaclimax, the General Secretary of Tirunelveli Unit of the Association.

Madam,

It is submitted with due regards that Sh. M. Rajaclimax, the General Secretary of Tirunelveli Unit of the Association, has been transferred to Madurai out of the Tiruneveli Commissionerate vide Order No. 31/2013 dt. 03.05.2013. As the issue of the harassment to the office bearers & staffside is regularly being brought to your kind notice and you were always kindenough to assure the Association that no office bearer/staff would ever be harassed by field formations, it is also a burning example of harassment seeking your kind intervention.

3. As per the decades long established practice also, the Association functionaries were never being transferred to outside of the jurisdictional area of the concerned Commissionerate by the cadre controlling authorities scattered as attached & subordinate offices of CBEC throughout the country. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as OM No. 16/18/2008-JCA Dt. 03.09.12 also says that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable in comparison to the DOPT guidelines on the issue.

4. It has again been clarified/reiterated latestly by the DOPT in this regard vide F.No. 16/18/2008-JCA Dt. 17.04.13 sent to Sh. Ajit Gambhir, Director, Ad IV of CBEC that, “In such of the Government departments/offices where a different practice is being followed now, the existing practice, if not less favourable, may continue.” It is also worth to submit that he never applied for an inter-Commissionerate transfer (ICT) to Madurai and as per the existing practice in the Coimbatore Zone, no ICT is ordered to any staff except on request.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 101/H/13 Dt. 14.05.13

To,

Ms. J. M. Shanti Sundharam,

Member, Coimbatore Zone,

CBEC, North Block, New Delhi.

Sub: Transfer of Sh. M. Rajaclimax, the General Secretary of Tirunelveli Unit of the Association.

Sir,

It is submitted with due regards that Sh. M. Rajaclimax, the General Secretary of Tirunelveli Unit of the Association, has been transferred to Madurai out of the Tiruneveli Commissionerate vide Order No. 31/2013 dt. 03.05.2013. As the issue of the harassment to the office bearers & staffside is regularly being brought to the kind notice of CBEC and the authorities were always kindenough to assure the Association that no office bearer/staff would ever be harassed by field formations, it is also a burning example of harassment seeking your kind intervention.

4. It has again been clarified/reiterated latestly by the DOPT in this regard vide F.No. 16/18/2008-JCA Dt. 17.04.13 sent to Sh. Ajit Gambhir, Director, Ad IV of CBEC that, “In such of the Government departments/offices where a different practice is being followed now, the existing practice, if not less favourable, may continue.” It is also worth to submit that he never applied for an inter-Commissionerate transfer (ICT) to Madurai and as per the existing practice in the Coimbatore Zone, no ICT is ordered to any staff except on request.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 102/Assn/13 Dt. 14.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Transfer of Sh. G. Srinath, the General Secretary of Bangalore Unit of the Association.

Madam,

It is submitted with due regards that the General Secretary of Bangalore Unit of the Association, Sh. G. Srinath, has been transferred to Mysore out of Bangalore Headquarters vide Estt. Order No.46/2013 dt. 27.03.13. As the issue of the harassment to the office bearers & staffside is regularly being brought to the kind notice of your goodself and you were always kindenough to assure the Association that no office bearer/staff would ever be harassed by field formations, it is also a burning example of harassment seeking your kind intervention.

2. In this regard, the kind attention of your goodself is invited to the point No. VI of the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs”. It is further submitted that the point No. VI of above communication very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 should be observed strictly read with further amendments, if any. As per the said OM of DOPT, the General Secretary of the Association is not to be transferred out of Headquarters office.

3. It is also worth to submit that Sh. G. Srinath has yet to complete his Bangalore tenure. It will be gross injustice with him to transfer outside Bangalore without completion of the tenure. He has also not represented for his transfer to the Mysore Zone under the said orders.

4. In view of the above, it is requested that the transfer orders of Sh. G. Srinath to Mysore may kindly be cancelled and he may be retained at Bangalore itself. If he is transferred outside the Bangalore Commissionerate, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking of Association with the administration & staffside both.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 103/Assn/13 Dt. 14.05.13

REMINDER PL.

To,

Ms. J. M. Shanti Sundharam,

Member, Coimbatore Zone,

CBEC, North Block, New Delhi.

Sub: Transfer of Sh. G. Srinath, the General Secretary of Bangalore Unit of the Association.

Madam,

Kindly refer to the Ref. No. 61/Assn/13 Dt. 18.04.13 of the Association.

2. It is further submitted with due regards that the General Secretary of Bangalore Unit of the Association, Sh. G. Srinath, has been transferred to Mysore out of Bangalore Headquarters vide Estt. Order No.46/2013 dt. 27.03.13.

3. In this regard, the kind attention of your goodself is invited to the point No. VI of the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs”. It is further submitted that the point No. VI of above communication very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 should be observed strictly read with further amendments, if any. As per the said OM of DOPT, the General Secretary of the Association is not to be transferred out of Headquarters office.

4. It is also worth to submit that Sh. G. Srinath has yet to complete his Bangalore tenure. It will be gross injustice with him to transfer outside Bangalore without completion of the tenure. He has also not represented for his transfer to the Mysore Zone under the said orders.

5. In view of the above, it is requested that the transfer orders of Sh. G. Srinath to Mysore may kindly be cancelled and he may be retained at Bangalore itself. If he is transferred outside the Bangalore Commissionerate, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking of Association with the administration & staffside both.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

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

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. 104/Assn/13 Dt. 14.05.13

REMINDER PL.

To,

Ms. Joy Kumari Chander,

Chief Commissioner of Central Excise, Bangalore Zone,

Bangalore.

Sub: Transfer of Sh. G. Srinath, the General Secretary of Bangalore Unit of the Association.

Madam,

Kindly refer to the Ref. No. 62/Assn/13 Dt. 18.04.13 of the Association.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS)

Tuesday, 14 May 2013

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