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. 12/G/14
Dt. 20.01.14
To,
Ms. Praveen Mahajan,
The
Chairperson, CBEC,
North Block, New Delhi.
Sub: Staff
grievances regarding career prospects.
Madam,
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 “ever 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 on
account of 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 on account of
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 vacancies to be
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 may 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 keeping their relative seniority intact in r/o 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
demand of the circumstances. It will also protect the character & stature
of IRS which seems to be the ultimate aim of our CBEC. Our CBEC is worried even
for those direct IRS officers who have not yet taken birth but it has no worry
about the actual workforce of Inspectors & Superintendents who are
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 on account of promotion of
Central Excise officers at the fag end of career 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 to improve the career prospects
of 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. It is very unfortunate that our own authorities intend merely
to limit us to the group B gazetted post and don’t want to take actual measures
for improvement of our career prospects 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. Instead, the actual measures as requested vide Ref.
No. 227/NFFU/13 Dt. 07.08.13 and Ref. No. 279/P/13 Dt. 17.10.13of 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 A through 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 merely for the simple views on
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 this matter
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, as also already
submitted, 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, only the
recruitment rules existing as on the date of the regular DPC may kindly be
applied 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
made 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.
Copy with the request for
necessary action to:
(1) Ms. Neeraja Shah, DG,
HRD, CBEC, New Delhi.
(2) Sh. B. K. Bansal, Chairperson,
Committee on Recruitment Rules regarding Cadre Restructuring, NCH, New Delhi:
w.r.t. Ref. No. 311/RR/13 Dt. 30.12.13 of the Association.
(RAVI MALIK)
