The adverse aspect of the Cadre Restructuring(CBEC) – 2013 :

Few friends have recently raised the following issues about the CR-2013 of CBEC.

1. As to how the temporary  ACs  will become regular ACs?
2. Whether ACs  to be joined under direct quota in regular posts will be seniors to temporary ACs who joined  earlier to them?
3. Whether the years of service to be  rendered as temporary AC will be counted with the qualifying years  of service for further promotion?
4. Whether temporary AC will be eligible to further promotion?
5. Which RRs are to be applicable for promotion to the post of temporary AC?
6. Whether temporary posts will be abolished  within 5 years?
7. Will AIACEGEO raise any objection against the CR of 2013?

POINT WISE CLARIFICATIONS-

1.       Regarding  point no.1--- After amendment of the existing RRs, the position will be known to every one.

2.       Regarding point no.2----The OMs issued by DOPT on seniority and different judgements of Apex court on seniority will be applicable.

3.       Regarding points  no. 3 &4--- The decision of CAT Chennai ( accepted and implemented by CBEC) will be applicable.

4.       Regarding point no.5--- IRS ( C&CE) Rules 2012  to be amended suitably will be applicable.

5.       Regarding point no.6—Different guidelines issued by M/F will be applicable.

6.       Regrading point no.7---- AIACEGEO has already submitted representations  to fill up all posts to be  created in CR-2013 by promotions only duly relaxing  the RRs and all the temporary posts are required to be filled  up from the  Superintendent grade.

(Important points--

1.      In the Cadre Restructuring   - 2013  of CBEC (notified on 18.12-2013), 489 supervisory posts ( Principal CC  to JC) have been created whereas 500  posts (regular ) have been created at the cutting edge level i.e. DC/AC. The consequential vacancies at the level of AC  ( regular) will be 989  ( 489 + 500), which is proposed to be filled-up  @ 50% by  promotion and 50% by Direct Recruitment in accordance with the RRs. In effect, majority of these posts are going to remain unfilled for next three to   12  years. Particularly, in F.Y.s 2013-14 and 2014-15,  only 484 vacancies are likely to be filled by way of promotions as the corresponding 485 DR vacancies  will actually be available only within 12 years as recruitment process of UPSC cannot commence before Feb, 2015 . Further, as on date there are around 250 vacant posts of AC on direct quota  and during next 10 years around 1000  nos.of regular posts  ( approximately 100 nos. for each and every year)will be lying vacant  . For effective cadre management and as per  UPSC norms the ideal DR quota shall be around 150 per year and UPSC will not be inclined to recruit more. Hence approximately 12 years will be required to fill up all such posts ( 250 +485+ 1000 = 1735)by UPSC. Accordingly,  a good nos.of  AC posts  are remain  vacant for next 12 years.  Further, as per DOPT OM No. No. I-11011/1/2009-CRD dated 14-12-210 “The Cadre Controlling Authorities are, however, advised not to resort to any bulk recruitment as it would create a bulge in the structure  leading to stagnation at later stage. This may be kept in view while projecting  recruitment planning.” It is surprising to note that as to how CBEC  lost sight of  such important advice of DOPT.  . Keeping a large number of posts vacant, in the grade of AC  for a period  of 12  years is bound to adversely affect the revenue collections and  result in tardy Tax Payer Service.   Besides, it will create a real bottleneck directly affecting promotion prospects of  Gr-B Gazetted officers of Central Excise and Customs Department,  , the  feeder cadres  for AC.  Stagnation level in the grade of  Superintendent of Central Excise  is presently  nearly  20  years. It will be increased to 24 years in the coming years and will be resulted that many Superintendents will retire without joining in Gr-A. . Thus, the present scheme of filling-up 989 posts of AC  in the ratio of 50% by Promotion and 50% by Direct  Recruitment, will have demoralizing effect on more than 90% officers at the cutting edge level (Gr-B Gazetted). If such large number of posts at cutting edge level are kept vacant, it is anybody’s guess as to how the promised growth in revenue collections in the coming years will be achieved. We are sure that these intricacies would not have been duly highlighted in the proposals submitted  by the CBEC.  Here it is pertinent to mention that Cadre Restructuring is for those who are  already in service & not for those who are in  college and likely to join service in future i.e. 5/12 years. In Cadre Restructuring -  2002  it is inter alia clearly mentioned in the cabinet note that “it is alignment with the policy of Govt. which lays down the objective of cadre review as the achievement of congruence between functional needs of the department and legitimate aspirations of the staff. Accordingly, cabinet approved the CR during 2002 for filling up of vacancies of all newly created posts by promotion and not through recruitment from open market. Cabinet approved for  a one-time relaxation  to the recruitment rules ,therefore  all vacancies at all levels, arising as a consequence of  the  restructuring, were filled by promotion from the feeder cadres . Therefore now it is required to allow 100% promotions in the ensuing CR to all feeder categories in the JTS as well as chain vacancies in JTS arising due to promotions against additional posts created at higher levels and it must be in one go, as is proposed to be done in  in the CR-2002. 

2.     Further the promotional prospects of  Superintendents of Central Excise  were  adversely affected due to the   fixation of 6.1.2 ratio in old RRs as per the verdict of Apex Court.  The Apex Court pronounced such decisions  in W(C) No 306/88 without any judicial determination and by virtue of  such decisions  one of the feeder categories namely Appraisers of Customs got undue benefits in promotions  since 1988 to 2011.Though by virtue of Apex Court decisions dated 03.08.11 the ratio has been revised to 13.2.1 , however Board  declined to make regularization of all adhoc promotions pending in the grade of AC since 1997 in revised ratio despite the verdict of Apex court on dated 03.08.11. By virtue of such undue benefit ,while the Appraisers  of 2002 batch are  promoted to the post of AC, the Superintendents of 1993 batch are still Superintendents. Mainly the temporary posts have been created for removal of stagnation in the grade of Superintendent of Central Excise as per our continuance demand , agitation and representation , hence all such temporary posts are required to be filled up  from the cadre of Superintendent  only duly amending the RRs and not a single post should be provided to the grade of Appraiser for promotion . If Appraisers will be allowed to be promoted against the temporary posts in 13.2.1 ratio, then while 2008 batch of Appraisers will be promoted to AC,  2001 batch Superintendents of Central Excise and 2003 batch Superintendents ,Cus(P) will be AC in course of implementation of CR(CBEC)-2013 and  these definitely will have demoralizing effect on more than 90% officers at the cutting edge level (Superintendents).  

3.     Since the ratio for promotions as per RRs is required to be revised on the basis of cadre strength of feeder categories, therefore the IRS (C & CE) Recruitment Rules 2012 is  also required to be amended immediately.

4.      Last but not the least it is surprising to note that as to how CBEC  lost sight  to  recommend for removal of  itra cadre ( including inter cadre) disparity in   promotions as existed in our cadres. ) 

F.NoA.11019/08/2013-Ad.IV
Government of India
Department of Finance
Department of Revenue
(Central Board of Excise & Customs)

HUDCO Vishala, Bhikaji Cama Place
New Delhi, December 18, 2013

To
The Director General
Directorate General of Human Resource Development
Customs & Central Excise
409/8 Deep Shikha, Rajendra Place
New Delhi – 110 008.

Subject:  Cadre Restructuring and re-organization of field formations under central board of excise & customs.

Madam

I am directed to convey the sanction of the competent authority for creation of 18067 posts in various grades under the central Board of Excise & customs, as per details in Annexure A to this letter, with immediate effect. With the creation of these posts, the total sanctioned staff strength of the Central Board of Excise & Customs will be increased from the existing 66808 to 84875.

2. The posts approved for creation include 2118 temporary Group A posts created in Junior Time Scale for a period of five years from the dated of this letter, to be regulated in the manner stipulated in Para 4 here under.

3. The new vacancies arising due to additional regular posts approved for creation in the Junior Time Scale as well chain vacancies in JTS arising due to promotions against additional posts created at higher levels will be filled up in accordance with the provisions of India Revenue Service (Customs & Central Excise) Recruitment Rules, 2012 and the extant instructions of DOP &T.

4. The temporary vacancies arising due to creation of 2118 temporary posts in Junior Time Scale will be operational for five years from the date of this letter and will be filled up only on promotion from the feeder grades specified in the relevant recruitment rules. The promotions against these vacancies shall not entail further promotion to any level beyond JTS.

5. All additional posts created in various other grades will also be filled up in accordance with the provisions of the relevant recruitment rules.

6. Pending notification of revised recruitment rules, wherever required the newly created/re-designated posts will be filled up on the basis of the extant Guidelines for Recruitment Rules, issued by the Department of Personnel & Training. Concurrence of Deptt. of Personnel & Training would be obtained for the relaxations, wherever required.

7. Wherever the posts recommended for abolition are filled up at present, such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement, resignation etc.

8. The formation-Wise distribution of the posts at various levels will be issued  separately. Details of Group “C” Posts will also be communicated separately.

9. This issues with the approval of competent authority and with the concurrence of integrated Finance Unit vide their ID No.212509/JS&FA(F)/2013 dated December 18,2013.

Yours faithfully 

Sd/- 

(Nirbhai Singh) 

Under Secretary to the Govt. of India

Annexure-A to letter No.A.11019/08/2013-Ad.IV dated December 18, 2013 (Three pages)

Central Board of Excise & Customs — Cadre Restructuring 2013 — Statement of Existing Posts and Posts approved for creation

Annexure-A to letter No.A.11019/08/2013-Ad.IV dated December 18, 2013

Sl. No.	Existing Designation	Approved Revised Designation	PAY- SCALE	Existing Strength	Approved Revised Strength	Additional Posts
				A	B	B-A
1	2	3	4	5	6	7
1	No Post	Principal Chief Commissioner/  Principal DG	Rs. 80,000 (FIXED) (Apex)	0	14	14
2	No Post	Chief Commissioner/ Director General	Rs.75,500-80000 (HAG+)	0	38	38
3	Chief Commissioner	Principal Commissioner	RS.67000-79000 (HAG)	47	100	53
4	Commissioner	Commissioner	PB-4 RS.37400-67000 + GRADE PAY Rs.10000 (SAG)	295	340	45
5	Additional Commissioner	Additional Commissioner	PB-4 RS. 37400-67000  + GRADE PAYRs. 8700 {JAG (NFSG)}	593	932	339
6	Joint Commissioner	Joint Commissioner	PB-3 RS.15600-39100 +  GRADE PAY Rs.7600 (JAG)
7	Dy. Commissioner	Dy. Commissioner	PB-3 RS.15600-39100 +GRADE PAY Rs.6600 (STS)	601	801	200
8	Asst. Commissioner	Asst. Commissioner	PB-3 RS.15600-39100 +GRADE PAY Rs. 5400	949	1249	300
9	Asst.	Asst. Commissioner*	PB-3 Rs.15600-39100 + GRADE PAY Rs.5400	0	2118	2118
10	Senior Private Secretary	Senior Private Secretary	PB-2 Rs. 9300- 34800 +GRADE PAY Rs 4800	47	152	105
11	Private Secretary	Private Secretary	PB-2 Rs. 9300- 34800 +GRADE PAY Rs 4600	295	340	45
12	Steno Grade-I	Steno Grade-I	PB-2 Rs. 9300- 34800 +GRADE PAY Rs 4200	735	932	197
13	Steno Grade-II	Steno Grade-II	PB-2 Rs. 9300- 34800 +GRADE PAY Rs 2400	550	801	251
14	Superintendent of Central Excise	Superintendent of Central Excise	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4800 & 5400 (After 4 years of regular service)	13948	19108	5160
15	Superintendent of Customs  (Preventive)	Superintendent of Customs (Preventive)
16	Appraiser	Appraiser
17	Inspector Central Excise	Inspector Central Excise	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600	20163	25203	5040
18	Preventive Officer	Preventive Officer
19	Examiner	Examiner
20	CAO	CAO	PB-3 RS.15600-39100 + GRADE PAY Rs. 5400	155	349	194
21	A.O.	A.O.	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600	984	1600	616
22	DOS/STA	Executive Assistant	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200	5197	4850	-347
23	Tax Assistant	Tax Assistant	PB-1 Rs. 5200- 20800 + GRADE PAY Rs 2400	5432	6432	1000
24	LDC (including Record Keeper)	LDC	PB-1 Rs. 5200- 20800  + GRADE PAY Rs 1900	908	1917	1009
25	Driver Spl Grade	Driver Spl. Grade	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200	103	86	-17
26	Driver Grade-I	Driver Grade-I	PB-1 Rs. 5200- 20800  + GRADE PAY Rs 2800	725	392	-333
27	Driver Grade-II	Driver Grade-II	PB-1 Rs. 5200- 20800 + GRADE PAY Rs 2400	621	427	-194
28	Driver Grade-Ill	Driver Grade-Ill	PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1900	641	480	-161
29	Head Havaldar	Head Havaldar	PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1900	2139	6500	4361
30	Havaldar	Havaldar	PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1800	10475	8690	-1785
31	Deputy Director (OL)	Deputy Director (OL)	PB-3 RS.15600-39100 + GRADE PAY Rs 6600	6	11	5
32	Asstt. Director  (OL)	Asstt. Director  (OL)	PB-3 RS.15600-39100  + GRADE PAY Rs 5400	37	68	31
33	Senior Hindi Translator	Senior Hindi  Translator	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600	24	79	55
34	Junior Hindi Translator	Junior Hindi Translator	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200	168	158	-10
35	Programmer	Programmer	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4600	20	0	-20
36	Asst. Programmer	Asst. Programmer	PB-2 Rs. 9300- 34800 + GRADE PAY Rs 4200	60	5	-55
37	Group 'C'	Group 'C'	PB-1 Rs. 5200- 20800  + GRADE PAY RS.1900, Rs. 2000 & Rs. 2,400	69	69	0
38	Others Group 'C'	Multi Tasking Staff	PB-1 Rs. 5200- 20800 + GRADE PAY Rs 1800	821	634	-187
Total				66808	84875	18067

* The creation of 2118 Temporary posts of Assistant Commissioner in Junior Time Scale for a period of five years is regulated by the conditions in Para 4 of the forwarding Sanction Letter.

sd/-
(Nirbhai Singh)
Under Secretary (Ad.IV)