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
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)
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To,
Shri Manmohan Singh Ji,
Hon’ble Prime Minister,
(Government of India),
New Delhi
Sub: Settlement of long
pending genuine demands of the members of All India Association of Central
Excise Gazetted Executive Officers.
Respected Sir,
While thanking you for approving constitution of VII CPC, we
request your good-self to order for merger of full DA with Basic Pay for all
purposes as an immediate measure. We also request you to implement
recommendations of VII CPC w.e.f. 01.01.2014 as the Dearness Allowance will
cross 100% w.e.f. 01.01.2014. Further we would like to inform you that
the much awaited approval for cadre
restructuring of CBEC by Union Cabinet appears to have given the officers
of CBEC some hope about their future prospects in the department. But the
CBEC is not interested for 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 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 intra 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 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. Nearly Ten thousands Central Excise
Superintendents took part in the Satyagrah during lunch hours on
12th & 13th February, 2014 on the call of the All India Association of
Central Excise Gazetted Executive Officers. The satyagrah was 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, merger of 50% DA, sanction of
interim relief, effect of 7th CPC from 01.01.2014 etc. etc.
The AIACEGEO may strive to organize
Satyagrah again during Excise Day on 24.02.2014, Budget Day and on
last working day of the financial year 2013-14 i.e. 31.03.2014 in
pursuance of the 32 point charter of demands if no settlement is
brought about by the Central Board of Excise & Customs by then.
However you are requested to kindly direct
Hon’ble Minister of Finance to call for negotiations to settle the just
and legitimate demands of the Association.
We do hope, your kind intervention shall help in settling of long
pending genuine demands of the Association and also to avoid
observance of Satyagrah in future by the members of the Association.
Our 32-Point Charter of Demands is given below for your kind
perusal:-
Charter of demands
1. Immediate implementation of cadre restructuring.
2. Five functional promotions to all.
3. Scheme to improve the career prospects of Central Excise Superintendents/Inspectors
independent of cadre restructuring to retire our officers in PB-4.
4. Next promotion of Central Excise Superintendent in STS like
many other group ‘B’ gazetted officers.
5. 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. along with other perks as being
granted to the analogous counterparts of IB & CBI.
6. Seniority benefit on promotion to group ‘A’ in lieu of the
service rendered in group ‘B’.
7. Fulfillment of the commitments made during the presentation
on cadre restructuring on 18.01.11.
8. Non-functional time scale in PB3 instead of PB2
to Superintendents after 4 years of service.
9. Promoting all Superintendents completing 1.5 times of
qualifying service on the lines of CSS.
10. Accept the terms of reference of 7th CPC to examine the
existing structure of pay, allowances & other benefits/facilities,
retirement benefits like pension, gratuity & other terminal benefits; to
work out comprehensive revised pay packages for the employees; determination of
pay structure, benefits, facilities, retirement benefits etc. based on the need
to provide minimum wages as on 01.01.14; to determine the Interim Relief needed
to be sanctioned immediately to the employees; to determine the percentage of
Dearness Allowance/Dearness Relief immediately to be merged with pay &
pension; to revive effective employee grievance redressal mechanism for
all; to work out the improvements needed to the existing retirement
benefits like pension, death cum retirement gratuity, family pension
& other terminal or recurring benefits maintaining parity amongst
past, present & future pensioners as well as family pensioners including
those who entered service on or after 01.01.04; to recommend methods for
providing cashless/hassle-free Medicare facilities to the employees &
pensioners.
11. Ensure every five year revision of wages of Central
Government Employees in future.
12. Ensure statutory pension for all.
13. Removal of restrictions imposed by Government on
compassionate appointments.
14. Stop victimization of office bearers of staff Associations.
15. Ensure right to strike.
16. Stop the move to introduce performance related pay (PRP) system
& extend PLB bonus for all removing bonus ceiling.
17. Revision & grant of OTA, night duty allowance rates
& clothing rates to all.
18. Regularization of ad hoc promotions based on the rules
existing on the date of regularization.
19. Fill-up all vacant posts and creation of new posts wherever
justified.
20. Stop downsizing, outsourcing, contractorisation and
privatization of Government functions.
21. Undoing of the MACP irregularities.
22. Implement arbitration awards.
23. Counting of regular service as per F. No.
A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.06 of CBEC.
24. Merger of group ‘B’ Executive non-gazetted as well as
gazetted categories under CBEC into one.
25. Parity between the officers of headquarters organizations
& field offices.
26. Conversion of temporary posts of Asstt. Commissioner created in the cadre
restructuring to regular/permanent posts keeping the same intact for promotee
officers forever.
27. Time scale after every 7 years to the officers after joining
the job as Inspector.
28. 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.
29. No senior officer of Central Excise should work under the
junior officer of Customs.
30. Minimal direct recruitment of group A “maximum up to 25%” as
also in the Indian Postal Service.
31. Share of Central Excise to be kept intact to prevent its
distribution among the officers of Customs.
32. Qualifying service/residency period in accordance of DOPT OM
No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09.
With kind regards!
Yours Faithfully,
( LOKANATH MISHRA)
PRESIDENT.
Copy to: Hon’ble Finance Minister , North Block
New Delhi –110001 for necessary action please.
Copy to: Secretary ( Revenue) Ministry of Finance , North Block ,
New Delhi –110001 for necessary action please.
Copy to: Chairperson, Central Board of Excise and Customs ,
North Block, New Delhi -110001 for necessary action please.
