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.comMob.
09868816290
Vice Presidents: SampatRai, VatanKamble (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, LaxmiLalSinghvi
(Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar (South);
AshwiniMajhi, 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. 10/G/14
Dt. 16.01.14
To,
Sh. Sumit Bose,
The
Secretary, Finance & Revenue,
North Block, New
Delhi.
Sub: Staff grievances regarding career
prospects.
Sir,
As
your goodself knows, it is submitted with due regards that the group B Central
Excise executive officers (Superintendents & Inspectors) are facing the
worst career prospects and are the most stagnated government employees. They
are retiring on a PB2 post while their common entry counterparts, whether
intra-organisational or intra-departmental or inter-departmental, are easily
attaining & enjoying the PB4 levels after common entry into PB2. Even the
current cadre restructuring will do no good to these downtrodden employees due
to the creation of temporary posts at JTS level and also some drastic clause in
it to limit their promotions within the lowest level. These employees are
terribly feared as to how their career prospects may be improved to grant them some
social respect as they are already forced to work under their extreme juniors.
Therefore, the following points are submitted for your kind consideration-
(1) CADRE RESTRUCTURING
a) A clause has been laid down in the notification that the
officers promoted against the temporary posts of Asstt. Commissioner would not
be entitled for further promotion. This
clause may kindly be deleted as the extant recruitment rules are to be
applied for filling-up of these temporary posts. The extant recruitment rules
are equally applicable to the long term temporary and regular posts. There is
nothing in the extant rules that the officers promoted against the temporary
posts of the Asstt. Commissioner would not be entitled for further promotions. All of such officers may also kindly be
upgraded to the Deputy Commissioner grade after completion of 4 years of
service as there is no difference between the functional duties of Asstt.
Commissioner & Deputy Commissioner like Joint Commissioner & Addl.
Commissioner.
b) The immediate measures may kindly be taken to convert all of the temporary posts to
regular/permanent as these have been created on the sole basis of
functional requirement. This functional requirement will be on regular increase
instead of decrease with the passage of time. There is no other precedent where
any temporary post has been created to cope-up with the increasing functional
requirement in the cadre restructuring of any other department. Temporary posts
are created only as temporary measure to cope-up with some temporary situation
which may noway be the part of any cadre restructuring. Cadre restructuring is
meant only to devise permanent, effective & better measures not only in r/o
functional requirement of any department but also to boost up the career
prospects of the stagnated employees. It
is disappointing that the already acutely stagnated group B officers are being
tried to stop at the lowest level ignoring the functional necessity of the
department while the posts at Apex, HAG+ etc. levels in higher scales without
availability of the eligible officers have been created for non-stagnated IRS
officers without any functional requirement.
c) The effective period of 5 years in r/o temporary posts
of Asstt. Commissioner may kindly be
counted from date of filling-up of these posts instead of the date of cadre
restructuring notification to give actual benefit to the officers who are
already facing the extraordinary & acute stagnation.
d) Immediate steps may also kindly be taken to create “reserve pool” posts as per the
prescribed norms, otherwise the promotional quota of the already
extraordinarily & acutely stagnation employees will be used for the purpose
of reserve pool.
e) All vacant posts in STS/DC grade due to unavailability
of eligible officers may kindly be
operated at JTS level under Rule 254 of General Financial Rules, 2005
till the vacant posts in STS grade are filled-up. This may give a bit solace to
extraordinarily & acutely stagnated employees.
f) Again to give a bit solace to the extraordinarily &
acutely stagnated employees, all vacant posts in JAG, functional or
non-functional, (JC/ADC) & above grades due to non-availability of eligible
officers may kindly be operated at JTS
level under Rule 254 of General Financial Rules, 2005 till the vacant
posts in the JAG & above grades are filled-up.
g) The specific measures may kindly be taken to fill-up all
newly created/vacant posts alongwith posts cascaded downwards on account of
promotions at higher levels in one go
only by promotions like last cadre restructuring particularly keeping in
view the extraordinarily acute stagnation of the group B officers.
h) The recruitment rules may kindly be amended in the manner that no senior
officer of Central Excise is forced to work under the junior officer of Customs
belonging to same cadre and also to provide promotion directly to STS
(Deputy Commissioner) post from the post of the Superintendent of Central
Excise like CSS & many others.
i) The Appraisers of 2002
and Customs Superintendents of 1996 have already been promoted to the post
of Asstt. Commissioner while the Central Excise Superintendents of 1993 are
still waiting to enter into group A. Hence, all posts of Asstt. Commissioner
may kindly be filled-up first from the Central Excise Superintendents only
till all of Central Excise Superintendents of 2002 enter group A. After it, the
posts may be distributed in the manner that the officers of same year of all
three streams get parity in the promotions.
j) The measures may kindly be taken to bring all the Central Excise Inspectors, Preventive
Officers & Examiners of same year at par in the matter of promotion
maintaining their relative seniority after common entry into the job. This was
also committed by the CBEC during the presentation made on cadre restructuring
on 18.01.11 and also during various other meetings but nothing has happened
till date.
k) After implementation of the cadre restructuring, the direct recruitment of IRS may kindly be
limited to minimum like “maximum upto 25%” as also in the Indian Postal
Service. It means that it may be limited even to zero as per the circumstances.
It will also protect the character & stature of IRS which seems to be the
ultimate aim of our CBEC. They are worried even for those direct IRS officers
who have not yet taken birth but they have no worry about their actual
workforce of Inspectors & Superintendents who are actually instrumental to
earn the major portion of government revenue.
l) The share of the Central Excise Superintendents may
kindly be kept intact on the post to
post basis in r/o the vacancies of the Asstt. Commissioner to be happened
on account of the retirement of the promotee group A Central Excise officers,
otherwise the initial share of 13 out of 16 will further be distributed among
the officers of Customs stream and the practical share of the Central
excise officers will be on regular diminishing which requires to be checked.
m) The specific
relaxation/amendments may kindly be made in the relevant recruitment rules
in accordance of the above paras.
(2) MEASURE/S TO BE TAKEN INDEPENDENT OF CADRE
RESTRUCTURING
As also recommended by the Cadre Review Committee as a
result of your kind efforts made for us as one of its esteemed members, some
specific measures are to be taken for group B officers independent of the cadre
restructuring. As your goodself knows very well that IRS of CBEC got parity
with the IRS of CBDT in the last cadre restructuring and with other better
placed group A counterparts in the ensuing cadre restructuring. Moreover, other
group A officers have also been granted at least non-functional parity with the
counterparts of IAS vide DOPT OM No. AB.14017/64/2008-Estt.(RR)
dt.24.04.09 in the form of non-functional
upgradation. The group B Central Excise executive officers (Inspectors &
Superintendents), the most stagnated category of government employees, also
require to be granted parity (functional or at least non-functional) with the
best placed common entry group B counterparts like CSS etc. But very
unfortunately, it is being listened that the CBEC is planning to increase the
residency period for promotion from group B non-gazetted to group B gazetted
post and also from group B gazetted to JTS post for pseudo-removal of the
stagnation to dilute the issue instead of keeping the residency period as 2
years for both levels in consonance of the DOPT guidelines. They don’t want to
take actual measures for the purpose despite of the fact that even the
adjudication orders are being prepared by the Superintendents for them which is
their (IRS) own responsibility. It is, therefore, requested that no steps to increase any residency period
may kindly be taken. Rather, the actual measures as your goodself deems fit
or as per the Ref. No. 01/P/14 Dt. 01.01.14 and Ref. No. 02/NFFU/14 Dt.
01.01.14 of the Association (already submitted to your goodself) may kindly be
taken. It is also requested that the Association may also kindly be granted the
opportunity to be party to the matter before finalizing the measure/s as the
career of its thousands of members is on the stake.
(3) PROMOTION QUOTA
At present, the promotion quota is
50% for entry into the group A. The rest of the 50% is meant for the direct
recruitment of IRS. A proposal had already been approved by the Member
(P&V) of CBEC to reduce the direct quota to 25% and use the 25% for group B
officers to enter into group Athrough examination. But again very
unfortunately, the CBEC is planning to back track the earlier approval of
Member (P&V) and to reduce the promotion quota to 25% only alongwith 25%
for promotion through examination and 50% for direct recruitment. It is very
impractical to appear for any examination for promotion for group B officers at
the fag end of the career. It is being done in the name of some recommendations
of IInd Administrative Reforms Commission for which the GOM (Group of
Ministers) has asked the views from the CBEC. It is reiterated that the GOM has
asked for the simple views regarding the issue but the CBEC has accepted it as
“final”. Even more disappointing is that the CBEC authorities didn’t like to
consult the Association on the issue despite of the fact that the issue relates
to the stake of its thousands of members. It is, therefore, requested that the promotion quota of 50% may kindly be kept
intact and the 25% (half of 50%) examination quota may kindly be utilized only
from direct quota. Para (1)h above is also reiterated and it is again
requested that the Association may also kindly be granted the opportunity to be
party to the matter before finalization as the career of its thousands of
members is on the stake.
(4) REGULARISATION OF AD HOC PROMOTIONS
a) No regular
DPC was conducted for the ad hoc promotions to the post of Asstt. Commissioner
since 1997. Therefore, the recruitment rules existing as on the date of the
regular DPC may kindly be made applicable to the regularisation of these ad hoc
promotions “irrespective of the contempt
verdict” given by the Hon’ble Supreme Court because the earlier recruitment
rules have already been repealed. In actual terms, the Hon’ble Supreme Court
has decided vide its verdict of 03.08.11 that the recruitment rules based on
the ratio of 6:1:2 were wrong. So, it is also requested that the recruitment
rules (as per the length of service) prior to 6:1:2 formula may kindly be
applied to all the post-1979 promotions to the post of Asstt. Commissioner. As
far as the recruitment rules based on the ratio of 13:2:1 are concerned, the
same can never be acceptable because of not being formulated correctly in
accordance of DOPT guidelines and also not granting any justice to our Central
Excise stream officers. The just & fair representation is only possible, if
the officers of every stream are represented in the proportion of their strength
at every level of group A. So, the said recruitment rules have already been
challenged in the legal court.
b) The DPC may
kindly be conducted in a single lot
as a special case alongwith the implementation of the provisions of the extended panel to grant the maximum benefit to
the officers. These provisions of the extended panel were not implemented at
the time of ad hoc promotions.
The Association is very much hopeful that your goodself
would like to give a serious thought to above points to save the Central Excise
Superintendents & Inspectors from gross humiliation, demoralization &
frustration for the sake of justice and also in the interest of the government
revenues.
Thanking you,
Yours
faithfully,
(RAVI MALIK),
Secretary General.
