The Minister of State (Revenue)
Shri Jesudasu Seelam
Dear friends,
Namaste.
A meeting was
held toady with the MOS (R) on the issues attached herewith. He has called us
tomorrow also. He also wants to discuss all the issues with us in the presence
of one of the authorities having a responsible seat, i.e., at least DG, HRD.
Let's see what happens as outcome.
Love,
RAVI MALIK - SG/ AIACEGEO
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
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. 216/M/13
Dt. 01.08.13
To,
Sh. Jasudasu Seelam,
The Hon’ble Minister of State (Revenue),
Department of Revenue,
Ministry of Finance, North Block, New
Delhi.
Sub: Staff grievances.
Sir,
It is submitted with due regards
that the various grievances of the staffside are long pending with the
administration for the want of redressal. All of the grievances have been
unredressed despite of the assurances given to the Association by the authorities.
It is also worth to submit that the Association has already represented on every
issue by its repeated requests but without result. Therefore, the following
points are hereby submitted for your kind consideration-
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. It is pending with
cadre review committee after approval by the Hon’ble Finance Minister as well
as the Department of Expenditure. It is requested that 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 after its implementation particularly
keeping in view the extraordinarily acute stagnation of the
Superintendents/Inspectors of Central Excise. Hundreds of these officers are
retiring every month with only one promotion in their service career of 35-40
years after joining as Inspector. The ongoing one is only IInd cadre
restructuring in CBEC started in 2006 and pending even in its 7th
year despite of guidelines to happen after every 5 years.
2. Re-framing of Recruitment Rules:
Central Excise Superintendents & Inspectors are already forced to work under their extreme juniors
of Customs belonging to same cadre recruited through same examination in CBEC
under same Department of Revenue and same Ministry of Finance. The single cadre
of Inspector has been trifurcated into 3 categories in absolutely unjustified
manner, i.e., Inspector (Central Excise & Land Customs), P.O. (Inspector
Customs) & Examiner (Inspector Customs) to be promoted as Superintendent
(Central Excise & Land Customs), Superintendent (Customs) & Appraiser
(Customs) respectively re-merging at group ‘A’ entry level. This places the
Inspector (Central Excise & Land Customs) 20 years behind the Examiner
(Inspector Customs) due to the discriminatory rate of promotion and faulty Recruitment
Rules. The new Recruitment Rules (RR’s) to grant “just & fair
representation” to each category were to be framed as per the directions of the
Hon’ble Supreme Court given in C.W.P. No. 385/10 but the RR’s framed by CBEC
would no way be able to grant “just & fair representation” to Central
Excise stream officers.
“Just & fair representation” will never be possible till senior officers of
Central Excise continue to work under the junior officers of Customs recruited
in the same cadre of Inspector. Therefore, the RR’s may kindly be framed
in the manner of granting parity in promotions to all the common entry
counterparts maintaining their relative seniority. The problem is not being
solved despite of its admittance and assurance by CBEC on various occasions
including its Board meetings of 12.01.11 & 18.02.11 as well as the
presentation made on cadre restructuring on 18.01.11. It is requested that the
RR’s may kindly be framed without trifurcating the single cadre at Inspector as
well as Superintendent level prescribing the qualifying services as below in
consonance of OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of DOPT which
stipulates the
promotion of Inspector completing 12, 17 & 20 years of service to the
grade of Joint Commissioner, Additional Commissioner & Commissioner
respectively. The validity of this OM was also admitted by CBEC during
the presentation of cadre restructuring proposal on 18.01.11 but they showed
inability to implement it due to want of required number of vacancies/posts.
Required number of posts may kindly be created to implement the OM or the
officers may kindly be granted in-situ promotions requiring no creation of
posts.
(i) 2 years for promotion to a post with
a grade pay of Rs. 4,800/- after joining as Inspector.
(ii)
7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining
as Inspector (There is no justification
of promoting an officer from a grade pay of Rs. 5,400/- to 5,400/-. It is also
submit-worthy that the most of the group ‘B’ gazetted officers including CSS
are being promoted to a senior group ‘A’ post instead of junior group ‘A’ in
Central as well as State governments.).
(iii) 12 years for promotion to a post
with a grade pay of Rs. 7,600/- after joining as Inspector.
(iv) 17 years for promotion to a post
with a grade pay of Rs. 8,700/- after joining as Inspector.
(v) 20 years for promotion to a post
with a grade pay of Rs. 10,000/- after joining as Inspector.
(vi) and so on.
Keeping in view the extraordinarily acute stagnation
of the Central Excise executive officers, there should kindly be incorporated
the permanent provisions in the RR’s at every level framed on the above lines
in addition to the above qualifying services to promote (even in-situ or otherwise) the officer automatically to the next
higher grade, if his/her stagnation in a grade reaches one & half times of
qualifying service.
3. 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: IRS
officers of CBEC were granted parity with their common entry counterparts of
CBDT in last cadre restructuring and they are going to get parity with other
better placed common entry group ‘A’ counterparts including the best placed IAS
in the ongoing one. But no parity with common entry counterparts like CBDT, CSS
etc. is being granted to Central Excise Superintendents & Inspectors. The position of stagnation of these officers
is so horrible that they, including reserved categories, are retiring merely in
a PB2 (lowest gazetted post)
with only single promotion throughout career while their common entry
counterparts are easily reaching PB4 levels (Addl.
Commissioner/Commissioner & Director/Joint Secretary) getting 5/6
promotions. 1992 Examiners as well as
Inspectors of Income Tax have long back entered group ‘A’ and 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’. 1985 Assistant of Rajya Sabha
Secretariat has long back been promoted to the post of Director. This parity is
very well possible by framing the RR’s in the manner as requested in the
preceding para or by adopting the measures like time bound
promotions/scales (grant of time scale to our officers after every 7 years was
also recommended by CBEC to 6th CPC but now the same CBEC is back tracking on the issue
when CBEC can do it itself), notional promotions, creation of
supernumerary posts, creation of separate service (this was also recommended by
CBEC to 6th CPC but
now the same CBEC is back tracking on the issue), direct promotion to
higher post/s, upgradation of posts, in-situ promotions (requiring no creation
of posts) or any other specific measure/s including batch to batch
non-functional financial upgradation (on the lines of DOPT OM No.
AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFFU to other group ‘A’ officers
at par with IAS) at par with the best placed counterparts of CSS. Accordingly, necessary measures may kindly be
devised for acutely stagnated
Central Excise Superintendents & Inspectors to grant them parity with their
common entry counterparts enabling them also to retire in PB-4. This will boost
their morals and it’ll, in turn, will have a very positive impact on the govt.
revenues.
4.
Regularization of all adhoc promotions All the
promotions to the post of Asstt. Commissioner have been made on adhoc basis
since 1997 and need immediate regularisation.
No regular DPC has been conducted to regularise these long pending ad hoc
promotions which may kindly be conducted at an early date based on the RR’s in force on the date
of DPC meant for regularisation.
5. Promotion
of Group ‘B’ Gazetted Executive Officers directly to STS like CSS etc.: The
most of group ‘B’ gazetted officers in the Central as well as State governments
are being promoted to a senior group ‘A’ post including CSS, CPWD etc. while
Central Excise Superintendents are being promoted (if any) merely to a junior
group ‘A’ post. The necessary steps may kindly be
taken to promote our Superintendents directly to a senior group ‘A’ post too. This was also recommended to the 6th
CPC by the CBEC as one of the measures but now the same CBEC is back tracking
on the issue.
6.
Implementation of para 7.15.24 of 6th CPC report:
The 6th CPC has recommended to follow the well established parity
between the Central Excise Superintendents etc. and the Chief Enforcement
Officers under the same Department of Revenue. The Chief Enforcement Officers
(redesignated as Asstt. Director) have been placed under the initial grade pay
of 5400/- while the Central Excise Superintendents merely in 4800/-. It is also
worth to submit that the analogous counterparts of Central Excise
Superintendents in CBI, IB etc. have already been placed in the equivalent pay
scale to grade pay of 5400/- in PB3 since 1986. The Central Excise
Superintendents may, therefore, also kindly be granted the equivalent grade
pay/pay scale w.e.f. the date of the grant of the same to above counterparts.
Relevant portion of the report of 6th CPC is enclosed as Annexure-I.
Not only it, pay scale of Central
Excise Superintendents was enhanced from Rs. 6500-10500/- to Rs. 7500-12000/- w.e.f. 21.04.04 instead of 01.01.96, whereas Superintendents
of Narcotics were placed under the same enhanced pay scale w.e.f. 01.01.96 with all the
consequential benefits. It is submitworthy that the Superintendents of Central
Excise as well as Narcotics were the part of common seniority list and being
promoted to the same post of Asstt. Commissioner under same recruitment rules
till very recent time. It is also, therefore, requested that the Superintendents of Central
Excise may also be placed under the enhanced pay scale of Rs. 7500-12000/-
w.e.f. 01.01.96 with all
the consequential benefits.
7. Posting of
Association functionaries: The main office bearers were never to be transferred
to out of administrative/Association headquarters until willing but they have
been started to be transferred even to out of zone all of a sudden. By
it, the staff welfare activities of the Association and employee grievances
redressal mechanism are affected adversely due to the delinking of Association
functionaries with the administration & staffside 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/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 (both enclosed as Annexure-II & III). It is also submitworthy that the
Association functionaries are not being transferred even building to building
in same city in CSS while they are being transferred even from one zone/Commissionerate
to another zone/Commissionerate in our case.
8.
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 followed for preparation of extended panel to benefit the
serving officers in lieu of the retired/deceased ones. The provisions of
extended panel were never followed by CBEC despite of the repeated
requests. The said provisions may kindly be
implemented in r/o all earlier DPC’s including above mentioned regularisation
and the forthcoming DPC’s including DPC for long pending regularisation since
1997.
9. Promotion of all Inspectors CE, PO’s & Examiners of same
year to the same level: Such
proposal was mentioned as under examination during the cadre restructuring
presentation on 18.01.11 by CBEC but nothing has happened till date despite of
the repeated requests. The CBEC may kindly be
directed to take immediate steps in the matter.
10. Promoting all the Superintendents who have completed 1.5 times
of qualifying service on the lines of CSS: In 1999, all Section Officers
completing 1.5 times of qualifying service were promoted on ‘in-situ basis’ to
the senior group ‘A’ post of Under Secretary for removal of their stagnation.
Keeping in view the extraordinarily acute stagnation of the Central Excise
Superintendents, all Superintendents completing 1.5 times of qualifying service
may also kindly be promoted either on regular basis or in-situ basis. It is
worth to submit that all of such officers are already drawing the salary of the
higher post/s. It will, thus, require no expenditure. No posts/vacancies will
also be required for in-situ promotions.
11.
Arrears of pay since 1986: The
pay scale of the Inspectors of CBI, IB etc. has been enhanced since 01.01.86.
The CBEC also issued the orders for the grant of arrears under the signature of
then DS, Sh. Dharmveer Gupta, vide F. No. A-26017/44/94-Ad II(A) Dt. 08.03.95
(enclosed herewith as Annexure-IV) based
on the Jabalpur CAT orders in OA No. 541 of 1994 but the implementation of the
same is still awaited. The said CAT orders were never challenged by the
government. It is also worth to mention that the most of the then Inspectors
have become Superintendents today. The CBEC may kindly be directed to implement
the said orders particularly keeping in view that there was no condition in the
CAT orders to consult the Expenditure.
12.
Seniority benefit on promotion to group ‘A’ in lieu of service rendered in
group ‘B’: This
benefit of seniority is already being given to the group ‘B’ gazetted officers
in many of the Central Govt. departments including many services of Railways.
The group ‘B’ gazetted officers belonging to the Provincial Civil Services
enter into IAS with 4 years of seniority benefit in group ‘A’. The CBEC may
kindly be directed to take necessary steps in the matter.
Thanking you,
Yours faithfully,
Encls:
As above (Annexures I to IV).
(RAVI MALIK),
