ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS.

Press Statement.
All the Central Excise Superintendents will take part in the Satyagrah throughout the country on 24th February, 2014 on the call of the All India Association of Central Excise Gazetted Executive Officers. In accordance with  the Satyagrah’s programme , all the Central Excise Cadre Controlling Authorities under CBEC posted throughout the country will be presented roses along with a written presentation  on Excise Day (24.02.2014) by  all the  respective Units office bearers , regional office bearers & members of All India Association of Central Excise Gazetted Executive Officers, congratulating & wishing them for creation of new two  promotional posts in IRS cadre in CR-2013 of CBEC to provide   at least 9 promotions to direct recruit IRS officers  in their career and also their post-retirement benefit to occupy as member/chairperson in    different  authority/commission/tribunal etc. ..

The satyagrah  is mainly to protest against the delay in conducting DPC by CBEC for the posts of Asst. Commissioner against existing vacancies as well as posts created in CR-2013 of CBEC, non implementation of CR-2013 of CBEC immediately, non settlement of demands raised by Association etc. etc.  The much awaited approval for cadre restructuring of CBEC by Union Cabinet appears to have given the officers of CBEC some hope immediate implementation of the same. Much before the approval had come, CBEC had proposed to fill up nearly 149 existing vacancies of Assistant Commissioners during July 2013 by promoting the Central Excise Superintendents, Customs Superintendents and Customs Appraisers. It is more than 8 months and the DPC is yet to be conducted by CBEC. Therefore the Group B officers are in deep anguish and disappointment over the delay in completing the DPC by CBEC. When CBEC is not able to complete the process for an adhoc promotion of 149 officers , it cannot able to promote 3000 officers within one month for immediate implementation of CR-2013.If large number of posts will not be filled up, in the grade of AC/DC for a long period that will be caused an adversely affect to the revenue collections and result in tardy Tax Payer Service. As per DOPT guidelines all departments should take action to fill up the posts in good time before vacancies actually occur. It has also been stipulated on such guidelines that in case where there is unjustifiable delay, responsibility for the delay should be assigned and those responsible should be suitably dealt with. 149 nos. of AC posts were lying vacant during 2012-13 and DPC to fill up such posts was required to be conducted during July, 2012 as per DOPT guidelines but till date the said posts have not yet been filled up. 2418 nos. of post of AC ( regular & temporary) have been created vide F.NO.A.11019/08/2013-AD-IV dated 18.12.2013 but till date no proposal to conduct DPC has been submitted by CBEC to UPSC. First DG/HRD asked for ACR grading instead of dossiers, there after ADG/SYSTEMS asked for ACRs up to 203-14 within 10.01.2014 before completion of financial year with an intention to delay the DPC. Therefore it proves that CBEC does not show any interest to grant promotions to Gr-B gazetted officers of the department and also CBEC does not having any interest for collection of more revenues.. In the Cadre Restructuring - 2013 of CBEC (notified on 18.12-2013), 489 senior level 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  the CR-2002. 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 of Central Excise 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). 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. Ministry of Finance has clarified in accordance with the provision of FR40 that temporary posts should be created additions to the cadre of a service in the time scale of such service ordinarily without extra remuneration. Incumbents of these posts will, therefore draw their ordinary time scale pay. Hence it is required to re designate such temporary posts as Deputy Commissioner instead of Asst. Commissioner. It is mentioned vide para 6 of the circular F.NoA.11019/08/2013-Ad.IV dated 18.12. 2013 that-" 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". As per para 4 of the said circular these temporary posts will be filled up only on promotion from the feeder grades specified in the India Revenue Service (Customs & Central Excise) Recruitment Rules, 2012 .

Regulation 4 to UPSC ( EFC) Regulations interalia provides that it is not necessary to consult the UPSC in regard to the selection for a temporary post if the person appointed is not likely to hold the post for a period of more than one year provided such an appointment should be reported to UPSC as soon as it is made, if the appointment continues beyond a period of six months, a fresh estimate as to the period for which the person appointed is likely to hold the post should be made and reported to the UPSC , and if such estimate indicates that the person appointed is likely to hold the post for a period of more than one year from the date of appointment , the UPSC should immediately be consulted in regard to the filling of the post. GI.MHA.OM. NO 23/27/68- ESST(R) dated 26.12.68 read with DOPT.OM NO.23/51/71- ESST(B) dated 25.09.72 interalia provides that there is no provision for approval by UPSC for any appointment initially made without consulting them . The objective behind reporting of adhoc appointments to UPSC under regulation 4 is not to secure their concurrence to continuance of adhoc appointment beyond one year but to enable the UPSC to discharge their Constitutional responsibility to bring to the notice of Parliament.

Near about 100 nos. of Superintendents are going to be retired during the month of March, 2014, therefore it has been urged by the Association that the CBEC should conduct immediate DPC in the 1st week of March, 2014 to fill up all the temporary posts of Asst. Commissioner from the grade of Superintendent without consulting UPSC. 

It is very unfortunate that, the CCBEC does not call the leaders of recognized service Associations since long for discussions and negotiations for settlement of grievance points. The scheme of joint consultative machinery and compulsory arbitration has become defunct and proved failure. There by no negotiating forum is available effectively to the Employees of Central Excise Department as a whole except agitational paths.  The celebration of Central Excise day was started on the demand of Central Excise executive staff. But very unfortunately, nothing is left to celebrate in the life of these poor officers in relation of career, pay or any other service matter. Despite of total demoralization, disappointment, job dissatisfaction, demotivation & frustration, the revenue targets are regularly being achieved above the set goals by the sincere efforts of these officers, i.e., Superintendents & Inspectors of Central Excise. Under the present circumstances, these officers are forced to retire at a PB2 post after only one promotion in the service career while their common entry counterparts are easily enjoying PB4 levels after getting 5-6 promotions. These officers are getting promotion (if any) merely to Junior Time Scale while their counterparts of CPWD, CSS etc. to Senior Time Scale. The employee grievance redressal mechanism has totally failed. These poor officers are also forced to work under the extreme juniors of Customs belonging to the same cadre. If career prospects were disclosed at the time of recruitment, these officers would have never joined this job. Instead of taking some positive measures in r/o of their career prospects, the CBEC is planning to increase the residency period and reduce the promotion quota for these officersto limit them within the post of Superintendent. Nobody is worried about this actual workforce of CBEC. The direct IRS officers have been ensured upto 9 promotions to upgrade them within the standard residency periods prescribed by DOPT by creating the posts at Apex, HAG+ etc. levels in higher scales even without availability of the eligible officers but no measures are being taken for the Central Excise Superintendents & Inspectors to promote/upgrade them within the standard residency periods prescribed by DOPT. The Income Tax Inspectors and the Assistants of CSS under the Department of Revenue are also able to reach the post of Commissioner and Joint Secretary. The Central Excise Inspector, whether direct or promotee, was also reaching the level of Commissioner or above in the remote past but the things have been distorted in such a way in the CBEC that he/she is forced to retire merely on the post of Superintendent now barring 1%. The CBEC is even unable to conduct the DPC for promotions at prescribed intervals vide DOPT guidelines. Last DPC for group B to group A was conducted in June, 11 around 32 months ago instead of yearly basis with advance panel but nobody is worriedin CBEC about it. No seriousness is also being shown to implement the cadre restructuring already notified two months ago. In view of the above, the Central Excise Cadre Controlling Authorities under CBEC will be presented roses on Excise day by the Association congratulating & wishing 9 promotions in the career and also the post-retirement membership/chairpersonship in any authority/commission/tribunal for all direct IRS officers throughout India. The next step/s will be intimated in the due course.

Charter of demands.

1. Immediate implementation of cadre restructuring.

2.Scheme to improve the career prospects of Central Excise Superintendents/Inspectors independent of cadre restructuringto retire them in PB-4 after gettingat least five functional promotions.

3. Next promotion of Central Excise Superintendent in STS like many other group ‘B’ gazetted officers.

4. A pay scale equivalent to the Grade Pay of Rs. 5400/- in PB3 to the Superintendent of Central Excise w.e.f. the date of the grant of the same to the counterparts of IB, CBI etc. alongwith other perks as being granted to the analogous counterparts of IB & CBI.

5. Non-functional time scale in PB3 instead of PB2 to Superintendents after 4 years of service.

6. Seniority benefit on promotion to group ‘A’ in lieu of the service rendered in group ‘B’.

7. Fulfilment of the commitments made during the presentation on cadre restructuring on 18.01.11.

8. Promoting all Superintendents completing 1.5 times of qualifying service on the lines of CSS.

9. Stop victimization of office bearers & members of Association.

10.  Regularisation of ad hoc promotions based on the rules existing on the date of regularisation.

11. Undoing of the MACP irregularities.

12. Counting of regular service as per F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.06 of CBEC.

13. Merger of group ‘B’ Executive non-gazetted as well as gazetted categories under CBEC into one.

14. Parity between the officers of headquarters organisations& field offices.

15. Conversion of temporary posts of Asstt. Commissioner to regular/permanent keeping the same intact for promotee officers forever.

16. Time scale after every 7 years to the officers after joining the job as Inspector.

17. Deletion of the clause in cadre restructuring notification that the officers promoted against the temporary posts of Asstt. Commissioner would not be entitled for further promotion.

18. No senior of Central Excise should work under the junior of Customs or CSS.

19. Minimal (like maximum upto 25%) direct recruitment of group A as also in the Indian Postal Service.

20. Share of promotion in group A meant for Central Excise to be kept intact to prevent its distribution among the officers of Customs.

21. Qualifying service/residency period in accordance of DOPT OM No. AB-14017/61/2008-Estt.(RR) dt.24.03.09.

22. Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II(A) Dt. 08.03.95 regarding arrears of pay.

23.. Posting of Association functionaries at administrative/Association Hqrs office.

24. Batch to batch Non Functional Financial Upgradation to the Central Excise executive officers at par with the best common entry counterparts like CSS etc.

25. Creation of reserve pool posts.

26. Operation of vacant STS & above posts on account of want of eligible officers at JTS level.

27. Filling-up of 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.

28. Filling-up of all posts of Asstt. Commissioner first from the Central Excise Superintendents only till all of Central Excise Superintendents of 2002 enter group A like Appraisers.

WRITTEN PRESENTATIONS ALONG WITH ROSE

CONGRATULATIONS &

THE BEST WISHES FOR 9 PROMOTIONS IN THE CAREER AND ALSO THE POST-RETIREMENT MEMBERSHIP/

CHAIRPERSONSHIP IN

ANY AUTHORITY/

COMMISSION/TRIBUNAL FOR ALL DIRECT IRS OFFICERS 

WITH THE BEST REGARDS,

ALL INDIA

 ASSOCIATION

OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS