" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Thursday, 17 October 2013

Regularisation of ad hoc promotions as per the verdict given by Hon’ble Supreme Court & Parity with the best placed counterparts like CSS etc.



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. 279/P/13                                                                          Dt. 17.10.13
                                                                                                      REMINDER
To,                  
Ms. Praveen Mahajan,                                                    
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Parity with the best placed counterparts like CSS etc.
Madam,
            Kindly refer to the Ref. No. 270/P/13 Dt. 20.09.13 of the Association.
2. It is again submitted with due regards that our officers are retiring at a PB2 post only with single promotion in the career of 35-40 years after entering the job as Inspector of Central Excise while our counterparts of CSS, CSSS, Rajya Sabha Secretariat, CBDT etc. are easily attaining the PB4 levels after getting 5/6 promotions despite of our officers being the backbone of the government on account of earning the major portion of the government revenues in the course of discharging the executive and quasi-judicial duties taking every risk on life of self as well as family on account of interacting with the white collared criminals & hardcore smugglers.
            3. The government is adopting every measure to bring parity, whether functional or non-functional, among common entry group ‘A’ officers but no such measures are being taken for group ‘B’ officers. The IRS officers of CBEC got the parity with their common entry counterparts of CBDT in the last cadre restructuring. They are also expected to get parity with other better placed group ‘A’ common entry counterparts in the ongoing cadre restructuring. Every effort is also made to promote group ‘A’ officers within qualifying service but no such effort is ever made to promote Central Excise group ‘B’ executive officers in consonance of DOPT guidelines. 
4. On account of no efforts being made to bring group ‘B’ common entry counterparts at par, there is huge discriminatory disparity between Central Excise group ‘B’ executive officers and other counterparts. As a result, the counterparts of CSS, Rajya Sabha Secretariat, CBDT etc. are reaching the level of Joint Secretary & Commissioner while Central Excise group ‘B’ executive officers are forced to retire as Superintendent after single promotion only barring 1%. This has made a huge discriminatory difference between their salaries, pension and other pre/post-retirement benefits. The ongoing cadre restructuring of CBEC shall also not be able to undo the continuous discrimination being made to the Central Excise group ‘B’ executive officers. Only less than 2% of them will merely be able to enter into junior group ‘A’ at the fag end of the career on regular basis as a result of ongoing cadre restructuring because the rest of the posts of Asstt. Commissioner (JTS level) have been created on temporary basis for 5 years. Due to the temporary character, the officers promoted against these posts may not get further promotion. 
5. In view of the above, it is necessary to take some concrete steps independent of cadre restructuring to bring Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts of CSS etc. in the interest of the govt. revenues. The parity (functional or even non-functional) with their common entry counterparts is very well possible by adopting the measures like below-
a) Time bound promotions/scales (time scales after every 7 years for these officers were also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but the same is now being back tracked).
b) Notional promotions granting batch to batch parity with the best placed common entry counterparts like CSS etc.
c) Creation of supernumerary posts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer.
d) Creation of separate service (it was also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but now it is also being back tracked). The draft RR’s for separate service have already been submitted to the CBEC by the Association.
e) Direct promotion to higher post/s (Customs Ministerial officers are being promoted to the post of Customs Appraiser without working even for a single day on the feeder post of Customs Examiner in CBEC. Likewise, our officers may also kindly be granted parity with the best placed common entry counterparts by promoting them directly to the higher posts).
f) In-situ promotions (requiring no creation of posts).
g) Batch to batch functional upgradation at par with the best placed common entry counterparts like CSS etc.
h) Batch to batch non-functional upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts) based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS.
i) Re-framing the recruitment rules prescribing the qualifying service in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the single cadre of Inspector/Superintendent which stipulates the promotion of the grade of Inspector to the grade of Joint Commissioner, Additional Commissioner & Commissioner after completion of 12, 17 & 20 years of service respectively. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. In the case of the want of the required number of vacancies/posts (if CBEC is unable to create the same), the officers may kindly be granted in-situ promotions after completion of the prescribed service (also requiring no creation of posts) independent of cadre restructuring. A little deviation from the above mentioned DOPT guidelines may be understood but the non-implementation of the guidelines at all is never understandable. If the CBEC is unable to give us the prescribed grade within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 years (after completion of one & half times of qualifying service based on the precedent of CSS where all the Section Officers were promoted to the post of Under Secretary after completion of one & half times of qualifying service in 1999).
6. Keeping in view the above submissions, it is requested that the due steps may kindly be taken independent of cadre restructuring to devise the specific scheme (by means of functional or non-functional upgradation) for bringing the Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts like CSS etc.
Thanking you,
Yours faithfully,
  

 (RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Member (P&V), CBEC, North Block, New Delhi.
2) The DG, HRD, CBEC, New Delhi.
3) The ADG, HRD (HRM), 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
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. 280/P/13                                                                          Dt. 17.10.13
To,                  
Sh. Sumit Bose,
            The Secretary, Department of Revenue,
            North Block, New Delhi.
Sub: Parity with the best placed counterparts like CSS etc.
Sir,
            It is submitted with due regards that our officers are retiring at a PB2 post only with single promotion in the career of 35-40 years after entering the job as Inspector of Central Excise while our counterparts of CSS, CSSS, Rajya Sabha Secretariat, CBDT etc. are easily attaining the PB4 levels after getting 5/6 promotions despite of our officers being the backbone of the government on account of earning the major portion of the government revenues in the course of discharging the executive and quasi-judicial duties taking every risk on life of self as well as family on account of interacting with the white collared criminals & hardcore smugglers.
            2. The government is adopting every measure to bring parity, whether functional or non-functional, among common entry group ‘A’ officers but no such measures are being taken for group ‘B’ officers. The IRS officers of CBEC got the parity with their common entry counterparts of CBDT in the last cadre restructuring. They are also expected to get parity with other better placed group ‘A’ common entry counterparts in the ongoing cadre restructuring. Every effort is also made to promote group ‘A’ officers within qualifying service but no such effort is ever made to promote Central Excise group ‘B’ executive officers in consonance of DOPT guidelines. 
3. On account of no efforts being made to bring group ‘B’ common entry counterparts at par, there is huge discriminatory disparity between Central Excise group ‘B’ executive officers and other counterparts. As a result, the counterparts of CSS, Rajya Sabha Secretariat, CBDT etc. are reaching the level of Joint Secretary & Commissioner while Central Excise group ‘B’ executive officers are forced to retire as Superintendent after single promotion only barring 1%. This has made a huge discriminatory difference between their salaries, pension and other pre/post-retirement benefits. The ongoing cadre restructuring of CBEC shall also not be able to undo the continuous discrimination being made to the Central Excise group ‘B’ executive officers. Only less than 2% of them will merely be able to enter into junior group ‘A’ at the fag end of the career on regular basis as a result of ongoing cadre restructuring because the rest of the posts of Asstt. Commissioner (JTS level) have been created on temporary basis for 5 years. Due to the temporary character, the officers promoted against these posts may not get further promotion. 
4. In view of the above, it is necessary to take some concrete steps independent of cadre restructuring to bring Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts of CSS etc. in the interest of the govt. revenues. The parity (functional or even non-functional) with their common entry counterparts is very well possible by adopting the measures like below-
a) Time bound promotions/scales (time scales after every 7 years for these officers were also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but the same is now being back tracked).
b) Notional promotions granting batch to batch parity with the best placed common entry counterparts like CSS etc.
c) Creation of supernumerary posts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer.
d) Creation of separate service (it was also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but now it is also being back tracked). The draft RR’s for separate service have already been submitted to the CBEC by the Association.
e) Direct promotion to higher post/s (Customs Ministerial officers are being promoted to the post of Customs Appraiser without working even for a single day on the feeder post of Customs Examiner in CBEC. Likewise, our officers may also kindly be granted parity with the best placed common entry counterparts by promoting them directly to the higher posts).
f) In-situ promotions (requiring no creation of posts).
g) Batch to batch functional upgradation at par with the best placed common entry counterparts like CSS etc.
h) Batch to batch non-functional upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts) based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS.
i) Re-framing the recruitment rules prescribing the qualifying service in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the single cadre of Inspector/Superintendent which stipulates the promotion of the grade of Inspector to the grade of Joint Commissioner, Additional Commissioner & Commissioner after completion of 12, 17 & 20 years of service respectively. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. In the case of the want of the required number of vacancies/posts (if CBEC is unable to create the same), the officers may kindly be granted in-situ promotions after completion of the prescribed service (also requiring no creation of posts) independent of cadre restructuring. A little deviation from the above mentioned DOPT guidelines may be understood but the non-implementation of the guidelines at all is never understandable. If the CBEC is unable to give us the prescribed grade within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 years (after completion of one & half times of qualifying service based on the precedent of CSS where all the Section Officers were promoted to the post of Under Secretary after completion of one & half times of qualifying service in 1999).
5. Keeping in view the above submissions, it is requested that the due steps may kindly be taken independent of cadre restructuring to devise the specific scheme (by means of functional or non-functional upgradation) for bringing the Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts like CSS etc.
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
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. 281/P/13                                                                          Dt. 17.10.13
To,                  
Dr. Syamal Kumar Sarkar,
            The Secretary, DOPT,
            North Block, New Delhi.
Sub: Parity with the best placed counterparts like CSS etc.
Sir,
            It is submitted with due regards that our officers are retiring at a PB2 post only with single promotion in the career of 35-40 years after entering the job as Inspector of Central Excise while our counterparts of CSS, CSSS, Rajya Sabha Secretariat, CBDT etc. are easily attaining the PB4 levels after getting 5/6 promotions despite of our officers being the backbone of the government on account of earning the major portion of the government revenues in the course of discharging the executive and quasi-judicial duties taking every risk on life of self as well as family on account of interacting with the white collared criminals & hardcore smugglers.
            2. The government is adopting every measure to bring parity, whether functional or non-functional, among common entry group ‘A’ officers but no such measures are being taken for group ‘B’ officers. The IRS officers of CBEC got the parity with their common entry counterparts of CBDT in the last cadre restructuring. They are also expected to get parity with other better placed group ‘A’ common entry counterparts in the ongoing cadre restructuring. Every effort is also made to promote group ‘A’ officers within qualifying service but no such effort is ever made to promote Central Excise group ‘B’ executive officers in consonance of DOPT guidelines. 
3. On account of no efforts being made to bring group ‘B’ common entry counterparts at par, there is huge discriminatory disparity between Central Excise group ‘B’ executive officers and other counterparts. As a result, the counterparts of CSS, Rajya Sabha Secretariat, CBDT etc. are reaching the level of Joint Secretary & Commissioner while Central Excise group ‘B’ executive officers are forced to retire as Superintendent after single promotion only barring 1%. This has made a huge discriminatory difference between their salaries, pension and other pre/post-retirement benefits. The ongoing cadre restructuring of CBEC shall also not be able to undo the continuous discrimination being made to the Central Excise group ‘B’ executive officers. Only less than 2% of them will merely be able to enter into junior group ‘A’ at the fag end of the career on regular basis as a result of ongoing cadre restructuring because the rest of the posts of Asstt. Commissioner (JTS level) have been created on temporary basis for 5 years. Due to the temporary character, the officers promoted against these posts may not get further promotion. 
4. In view of the above, it is necessary to take some concrete steps independent of cadre restructuring to bring Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts of CSS etc. in the interest of the govt. revenues. The parity (functional or even non-functional) with their common entry counterparts is very well possible by adopting the measures like below-
a) Time bound promotions/scales (time scales after every 7 years for these officers were also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but the same is now being back tracked).
b) Notional promotions granting batch to batch parity with the best placed common entry counterparts like CSS etc. 
c) Creation of supernumerary posts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer.
d) Creation of separate service (it was also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but now it is also being back tracked). The draft RR’s for separate service have already been submitted to the CBEC by the Association.
e) Direct promotion to higher post/s (Customs Ministerial officers are being promoted to the post of Customs Appraiser without working even for a single day on the feeder post of Customs Examiner in CBEC. Likewise, our officers may also kindly be granted parity with the best placed common entry counterparts by promoting them directly to the higher posts).
f) In-situ promotions (requiring no creation of posts).
g) Batch to batch functional upgradation at par with the best placed common entry counterparts like CSS etc.
h) Batch to batch non-functional upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts) based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS.
i) Re-framing the recruitment rules prescribing the qualifying service in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the single cadre of Inspector/Superintendent which stipulates the promotion of the grade of Inspector to the grade of Joint Commissioner, Additional Commissioner & Commissioner after completion of 12, 17 & 20 years of service respectively. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. In the case of the want of the required number of vacancies/posts (if CBEC is unable to create the same), the officers may kindly be granted in-situ promotions after completion of the prescribed service (also requiring no creation of posts) independent of cadre restructuring. A little deviation from the above mentioned DOPT guidelines may be understood but the non-implementation of the guidelines at all is never understandable. If the CBEC is unable to give us the prescribed grade within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 years (after completion of one & half times of qualifying service based on the precedent of CSS where all the Section Officers were promoted to the post of Under Secretary after completion of one & half times of qualifying service in 1999).
5. Keeping in view the above submissions, it is requested that the due steps may kindly be taken independent of cadre restructuring to devise the specific scheme (by means of functional or non-functional upgradation) for bringing the Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts like CSS etc.
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
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. 282/P/13                                                                          Dt. 17.10.13
To,                  
Sh. R. S. Gujral,
            The Finance Secretary & the Secretary of Expenditure,
            North Block, New Delhi.
Sub: Parity with the best placed counterparts like CSS etc.
Sir,
            It is submitted with due regards that our officers are retiring at a PB2 post only with single promotion in the career of 35-40 years after entering the job as Inspector of Central Excise while our counterparts of CSS, CSSS, Rajya Sabha Secretariat, CBDT etc. are easily attaining the PB4 levels after getting 5/6 promotions despite of our officers being the backbone of the government on account of earning the major portion of the government revenues in the course of discharging the executive and quasi-judicial duties taking every risk on life of self as well as family on account of interacting with the white collared criminals & hardcore smugglers.
            2. The government is adopting every measure to bring parity, whether functional or non-functional, among common entry group ‘A’ officers but no such measures are being taken for group ‘B’ officers. The IRS officers of CBEC got the parity with their common entry counterparts of CBDT in the last cadre restructuring. They are also expected to get parity with other better placed group ‘A’ common entry counterparts in the ongoing cadre restructuring. Every effort is also made to promote group ‘A’ officers within qualifying service but no such effort is ever made to promote Central Excise group ‘B’ executive officers in consonance of DOPT guidelines. 
3. On account of no efforts being made to bring group ‘B’ common entry counterparts at par, there is huge discriminatory disparity between Central Excise group ‘B’ executive officers and other counterparts. As a result, the counterparts of CSS, Rajya Sabha Secretariat, CBDT etc. are reaching the level of Joint Secretary & Commissioner while Central Excise group ‘B’ executive officers are forced to retire as Superintendent after single promotion only barring 1%. This has made a huge discriminatory difference between their salaries, pension and other pre/post-retirement benefits. The ongoing cadre restructuring of CBEC shall also not be able to undo the continuous discrimination being made to the Central Excise group ‘B’ executive officers. Only less than 2% of them will merely be able to enter into junior group ‘A’ at the fag end of the career on regular basis as a result of ongoing cadre restructuring because the rest of the posts of Asstt. Commissioner (JTS level) have been created on temporary basis for 5 years. Due to the temporary character, the officers promoted against these posts may not get further promotion. 
4. In view of the above, it is necessary to take some concrete steps independent of cadre restructuring to bring Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts of CSS etc. in the interest of the govt. revenues. The parity (functional or even non-functional) with their common entry counterparts is very well possible by adopting the measures like below-
a) Time bound promotions/scales (time scales after every 7 years for these officers were also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but the same is now being back tracked).
b) Notional promotions granting batch to batch parity with the best placed common entry counterparts like CSS etc.
c) Creation of supernumerary posts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer.
d) Creation of separate service (it was also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures but now it is also being back tracked). The draft RR’s for separate service have already been submitted to the CBEC by the Association.
e) Direct promotion to higher post/s (Customs Ministerial officers are being promoted to the post of Customs Appraiser without working even for a single day on the feeder post of Customs Examiner in CBEC. Likewise, our officers may also kindly be granted parity with the best placed common entry counterparts by promoting them directly to the higher posts).
f) In-situ promotions (requiring no creation of posts).
g) Batch to batch functional upgradation at par with the best placed common entry counterparts like CSS etc.
h) Batch to batch non-functional upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts) based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS.
i) Re-framing the recruitment rules prescribing the qualifying service in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the single cadre of Inspector/Superintendent which stipulates the promotion of the grade of Inspector to the grade of Joint Commissioner, Additional Commissioner & Commissioner after completion of 12, 17 & 20 years of service respectively. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. In the case of the want of the required number of vacancies/posts (if CBEC is unable to create the same), the officers may kindly be granted in-situ promotions after completion of the prescribed service (also requiring no creation of posts) independent of cadre restructuring. A little deviation from the above mentioned DOPT guidelines may be understood but the non-implementation of the guidelines at all is never understandable. If the CBEC is unable to give us the prescribed grade within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 years (after completion of one & half times of qualifying service based on the precedent of CSS where all the Section Officers were promoted to the post of Under Secretary after completion of one & half times of qualifying service in 1999).
5. Keeping in view the above submissions, it is requested that the due steps may kindly be taken independent of cadre restructuring to devise the specific scheme (by means of functional or non-functional upgradation) for bringing the Central Excise group ‘B’ executive officers at par with their best placed common entry counterparts like CSS etc.
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
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. 283/R/13                                                                                            Dt. 17.10.13
To,
Sh. Sumit Bose,
The Secretary, Department of Revenue,
North Block, New Delhi.
Sub: Regularisation of ad hoc promotions as per the verdict given by Hon’ble Supreme Court.
Sir,
            It is again submitted with due regards that the Hon’ble Apex Court directed the CBEC vide the verdict of 03.08.11 in CWP No. 385/10 to regularise all the ad hoc promotions made to the post of Asstt. Commissioner. These ad hoc promotions are to be regularised since 1997 as no regular DPC has been conducted for the promotion to the post of Asstt. Commissioner since then.
2. It is also well pertinent to submit that the CBEC sought the time only upto October,12 from the Hon’ble Supreme Court for conducting the DPC to regularize the said promotions. The time limit of October,12 has already expired by 1 year but no DPC has been conducted till date.  
3. It is also worth to mention that the said DPC is required to be conducted as per the Recruitment Rules in force on the date of DPC and also the provisions of extended panel are to be applied to the DPC.
4. In this regard, your kind attention is also invited to the DOPT OM No. 28036/1/2012-Estt(D) Dt. 03.04.13 under the subject of Ad-hoc Appointment/Promotion-Review of-Regarding. Its first para says that as per the extant policy of the Government, all posts are to be filled in accordance with provisions of the applicable Recruitment Rules/Service Rules. No need to say that the applicable Recruitment Rules in this case are new rules prescribing the ratio of 13:2:1 (it is another thing that these rules are also not acceptable to the Association) instead of 6:1:2 as old rules have already been repealed. Even otherwise, the Recruitment Rules in force on the date of DPC are to be applied for any DPC.
5. Further para 5 of the above mentioned DOPT OM reiterates 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 purpose of seniority in that grade and for eligibility for promotion to the next higher grade. It means that all of the ad-hoc promotions made upto the post of Chief Commissioner & above by CBEC are unlawful and all the officers are required to be reverted back to their original/initial post by making due recovery of higher salaries from them. Para 6 of above OM reiterates that the ad-hoc promotion shall  automatically cease on the expiry of the one year term, if the approval of the Department of Personnel & Training to the continuance of the ad-hoc arrangement beyond one year is not received before the expiry of the one year period. 
6. In view of the above, it is requested that the said DPC may kindly be conducted immediately as per the Recruitment Rules in force on the date of DPC also applying the provisions of extended panel.
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
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. 284/EP/13                                                                                       Dt. 17.10.13
To,
Sh. Sumit Bose,
The Secretary, Department of Revenue,
North Block, New Delhi.
Sub: Use of extended panel to grant promotions.
 Sir,
It is submitted with due regards that the provisions of extended panel were not implemented 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 also not applied to other DPC’s conducted after 21.11.2000 by CBEC for promotions to the post of Asstt. Commissioner.
2. Thus, the provisions of the extended panel are to be implemented by the CBEC in the following cases-
i) Regularisation of the 1979 onward promotions from group ‘B’ to group ‘A’ based on the earlier judgement (originating the ratio formula of 6:1:2) of the Hon’ble Supreme Court because the implementation of the judgement is incomplete for the want of the use of the extended panel.
ii) Much awaited regularisation of the post-1996 ad hoc promotions from group ‘B’ to group ‘A’ as per new RR’s based on the current judgement (dt. 03.08.11 in CWP No. 365/10) of the Hon’ble Supreme Court.
iii) DPC conducted in the month of June, 12 for the promotions from group ‘B’ to group ‘A’.
iv) Forthcoming/future DPC’s for promotion to the post of Asstt. Commissioner, which are always being delayed far behind the schedule.
3. In view of the above, it is requested that the immediate steps may kindly be taken by CBEC to implement the provisions of extended panel as per DOPT guidelines.
Thanking you,
                                                                                                                                            Yours faithfully,           

(RAVI MALIK),
                                                                                                             Secretary General.