" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Tuesday, 11 March 2014

RECENT REPRESENTATIONS OF AIACEGEO



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.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. 53/SU/14                                                                          Dt. 10.03.14
REMINDER Xth
To,                                                        
Ms. J. M. Shantisundharam,                                            
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Stepping up of pay of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.
Madam,
            Kindly refer to the following communications of the Association-
i) Ref. No. 171/11 Dt. 21.09.11                                      ii) Ref. No. 206/11 Dt.17.11.11
iii) Ref. No. 22/meet/12 Dt. 22.08.12                            iv) Ref. No. 25/12 Dt. 17.02.12
v) Ref. No. 51/meet/12 Dt. 08.10.12                             vi) Ref. No. 69/M/12 Dt. 02.11.12
vii) Ref. No. 11/M/12 Dt. 24.01.13                               viii) Ref. No. 76/M/13 Dt. 01.05.13
ix) Ref. No. 197/SU/13 Dt. 04.07.13                             x) Ref. No. 226/SU/13 Dt. 06.08.13
xi) Ref. No. 03/SU/14 Dt. 02.01.14 etc. and                 xii) various verbal submissions to administration.
2. It is submitted with due regards & great disappointment that no heed is being paid to the matter despite of the repeated requests of the Association and the same is pending for more than around three years. The issue has already been settled finally by the Hon’ble Supreme Court for CBEC vide the verdict dt.02.05.11 in SLP(C) No. CC 7278/11 granting the benefit of stepping up of the pay to seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.
3. It is very surprising that the officers are not being given benefit in CBEC even after the issue being finally settled by the Apex Court while the Department of Posts has granted  benefit to the officers vide letter No.33(3)/10/PA-Admn.I/1481 Dt. 04.03.14 (copy enclosed) even after the matter being decided at the High Court level only. Many of our senior officers particularly entered into the job through Ministerial cadre have been suffering with recurring & irreparable loss due to the inaction of the concerned section on the issue. Under the principle of res judicata, various courts including the Hon’ble Supreme Court have already given various verdicts saying that similarly placed officers not need to approach the legal courts on the similar issue already settled by the legal Court. Moreover, the verdict given by the Hon’ble Supreme Court is always treated as the law of the land and no Govt. department including DOPT or any other nodal department/Ministry/organisation is above the judiciary. 
4. In view of the above, it is once again requested that the much awaited general clarification based on the verdict given by the Hon’ble Apex Court for CBEC may kindly be issued on the issue at an early date to grant due benefit to the officers as done in the Department of Posts even despite of the matter being pending in Supreme Court. Department of Posts is also the part of the same Govt. of India to which CBEC belongs.
Thanking you,
Yours faithfully,

Encl: As above (Order of the Department of Posts)
(RAVI MALIK),
Secretary General.



IMMEDIATE/CAT CASE/REGD
No.33(3)/10/PA-Admn.I/1481
Government of India,
Ministry of Communications & IT,
Department of Posts,
Postal Accounts Wing,
DakBhavan, New Delhi. 110 001
Dated: 4th March, 2014.
To
All General Manager (Postal Accounts Finance), All Directors of Account (Postal). (BY NAME)

Sub: Implementation of judgment of Hon’ble Central Administrative Tribunal, Principal Bench, in OA No.2124/2011 upheld by Hon’ble High Court, filed by AIPAEA.
Sir/Madam,
I am directed to refer on the above subject and to state as under;-

1. That the orders dated 1.2.2013 of Hon’ble Central Administrative Tribunal, Principal Bench, New Delhiin OA No.2124/2011 has already been complied by conveying the approval of competent authority vide this office letter No.33(3)/10/PA-Admn.I/128 to 153 dated 14th February 2014 for extending its benefit to the applicants/individuals working under the jurisdiction of your Postal Accounts Offices.

2. That further exercise regarding extending the benefit of stepping up of pay to the applicants are to be completed by the concerned Postal Accounts Offices, as the applicants covering under these orders for grant of benefit of stepping up of pay are posted in circle Postal Accounts Offices and circle Postal Accounts offices are the sole custodian of their service records etc., by issuing further orders after obtaining a certificate that the same are subject to outcome of the SLP filed in the APEX Court by the Department.

3. That the Hon’ble CAT while hearing CP 392/2013, on 25.2.2014, has directed the respondent to put before the Hon’ble CAT the orders of the individuals benefiting out of CAT’s orders of stepping up of pay.

4 That since the action in this regard is to be taken by the PA0s, you are therefore, requested to complete the whole exercise regarding stepping up of pay in respect of officials covered under this judgment on or before 28th March 2014 and forward the orders issued in compliance to the Hon’ble CAT’s judgment in respect of all such cases where the stepping up of pay has been done to this office by 28th March 2014 so that the compliance report may be submitted to the Hon’ble CAT to avoid further contempt in the matter.

5. This may be treated as urgent.
Yours faithfully,
sd/-
(SANJAY KUMAR)
Director (Bgt&Admn.)

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.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. 54/TS/14                                                                          Dt. 10.03.14
To,
Ms. J. M. Shantisundharam,                                            
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Grant of grade pay of Rs. 5400/- in the light of judgement of Hon’ble High Court of Madras in WP No. 13225/2010 to the officers completing 4 years of regular service in pay scale/grade pay of Superintendent under ACP Scheme as Inspector of Central Excise.
Madam,
            Kindly refer to judgment dated 06.09.10 passed by theHon’bleHigh Court of Madras in WP No.13225/2010 in the case of Sh. M. Subramaniam. In the aforesaid judgement, the Hon’ble Court has granted the benefit of grade payofRs.5400/- in PB 2 to the Inspector who has completed the regular service of 4 years in the pay scale/grade pay of Superintendent on account of ACP upgradation. Now, the matter is pending with the Hon’ble Supreme Court without any stay order against the implementation of the judgement of the Madras High court.
            2. It is submitted with due regards that the CBEC vide letter No. A-23011/05/2009-AdIIA Dt. 08.11.13 ordered to implement the aforesaid order ofthe Madras High courtfor Shri M. Subramaniam only instead of granting the benefit to all of similarly placed officers.
             3. As per the law of service jurisprudence and various verdicts given by the various Courts including the Hon’ble Supreme Court, similarly situated persons should be treated similarly. Only because one person has approached the Court doesn’t mean that persons similarly situated should be treated differently. Thus, the entire class of the similarly situated employees is required to be given the benefit of the decision whether or not they were parties to the original writ. This principle has also been upheld by theHon’ble Supreme Court in numerous judgments like G.C. Ghosh v. UOI, [(1992) 19 ATC 94 (SC)], dated 20-7-1998; K.I. Shepherd v. UOI [(JT 1987 (3) SC 600)]; Abid Hussain v. UOI [(JT 1987 (1) SC 147] etc.
            4. In view of the above, it is requested that the benefit of the Madras High courtjudgement may kindly be granted to all of the officers completing 4 years of regular service in the pay scale/grade pay of Superintendent. The precedent of the Department of Posts under the same Govt. of India has already been communicated to your goodself vide the Ref. No. 53/SU/14 Dt. 10.03.14 of the Association where the officers have been granted the benefit on the basis of High Court judgement despite of the matter being pending in the Hon’ble Supreme Court vide letter No.33(3)/10/PA-Admn.I/1481 Dt. 04.03.14 of the Department of Posts subject to the final verdict to be given by the Hon’ble Apex Court.
Thanking you,
Yours faithfully,


 (RAVI MALIK),
Secretary General.

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.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. 55/S/14                                                                          Dt. 10.03.14
To,
Ms. Mala Srivastava,
The Member (P&V), CBEC,
New Delhi
Sub: AGT 2013-14 of Superintendents in Shillong Zone.
Madam,
Kindly refer to the representations Dt. 13.01.14& 26.02.14 of the Shillong Unit of Associationalongwith the verbal submissions made on 27.02.14 & 04.03.14 by the undersigned regarding Annual General Transfers of Superintendents inShillong Zone for the year 2013-14.
2. It is submitted with due regards that the AGT orders have been issued not only without considering the ground realities prevailing in the North East region of the country but the transfer policy has also not been followed. Due to this reason, legal stays in six cases of Superintendents have already been ordered by the Hon’ble CAT. Not only in the case of Superintendents, whole transfer order has also been stayed by the Hon’ble CAT in the case of Sepoys&Havildars of the zone. Large numbers of these legal stays are more than sufficient to prove something really wrong in the transfer orders. Very unfortunately, the victimisation action has also been started by the administration by initiating the vigilance action or stopping of the pay or appealing in higher court against the officers gone for legal remedy. It is even more unfortunate that the administration forced the officers to adopt legal remedy instead of redressing their problems. Such things only spoil the working atmosphere. It is beyond all understandings why the far away officers are forced to work at such places for which the volunteer officers are available to stay or to be posted there. The intention of the administration shouldn’t be to post/transfer a particular officer to a particular place/seat.
            3. The big issue of security & safety of the staff is being downplayed by the local administration stating that no such insecurities exist there which is just opposite to the reality in this region where mental & physical torture of the people is a matter of fact and the unfortunate happenings are very common & regular. It appears thatthe worthy Chief Commissioneris unaware of the prevailing situation in the North East region of the country and her perception about this zone is impractical particularly keeping in view the happenings of insurgent activities in whole region.The incidents of deaths/attacks on the officers of Shillong Zone in last 12 years have already been cited elaborately in the letter dated 13.01.14 of Shillong Unit of the Association. In the year 2005-06, more than 40 (forty) newly appointed Central Excise officers mostly from North India & Bihar in a batch of 55 (fifty-five) posted to Dibrugarh Commissionerate had to flee away from their place of posting. The devastating ethnic clashes breaking out in Bodoland in October, 2012 spread over the districts of Dhubri, Goalpara of Assam and even some parts of Meghalaya also witnessing killings & becoming of homeless of thousands is the cause of concern of everybody as lots of homeless have been still staying in refugee camps.     
4. In actual terms, the AGT 2013-14 has devastating effect on the morale of the staff. Safety & security of the staff& their families posted in difficult areas of this zone have been compromised in the name of routine transfer from one place to otherfar away place. This zone comprises of seven states and not a single state is free from insurgency related problems. If an officer is transferred to another place, he & his family have to face the intra-state as well as inter-state insurgency dangers.Ethnical distribution of work forces in all cadres was necessarily maintained considering the language, culture & other social


aspectstill date and the administration never interfered in the manner it has been done this time. Entire gamut of staffing patterns of the vulnerable states has been destabilized & disturbed this time and officers transferred from one corner to another without any sustainable reason.
5. The transfers could have been justified if proper infrastructure & security existed at the new places. In far flung areas, there is no proper infrastructure for residential accommodations or schooling or other basic requirements. Transfers have been made to places ofprevailing Armed Forces Special Power Act where random ethnic clashes resulting death of innocent peoples are common. Certain areas are infamous for extremism of different groups making civil life miserable. This will place the life & property of the officers & their families in great danger by transferring them from their settled places to far away new places. On account of this, any unfortunate incidentcan’t be ruled out and we all will be responsible for it.The existing Transfer Policy of 2006has been given no weightage for this AGT. Administration has forgotten that the safety & security of the workforce alongwith their families is its utmost responsibility.  
6. The transfer of key office bearers like President & Vice President of Central Committee & Sub-Central Committee of the Shillong Unit of Association including the Vice President of the All India Body shall have adverse effect on Employee Grievance Redressal Mechanism. The HOP of these office bearers has also not beentaken into account and they have been transferred against the policy perhaps to avoid the Employee Grievance Redressal Mechanism.
7. In view of the above, it is requested that-
i) the transfer order dt. 09.12.13 may kindly be reviewedduly considering the representations/options exercised by the officers as per the Transfer Policy of 2006.
ii) the Association may kindly be consulted, if the review of the Transfer Policy of 2006 is understood necessary in accordance of the geographical, social, insurgency related & other factors of the zone. Only local staff Association may be aware of these factors & other ground realities instead of the higher authorities transferred there from other corners of the country.
            iii) the points mentioned in the representations dt.13.01.14& 26.02.14 of the Shillong Unit may kindly be given due consideration.
            iv) no officer or office bearer of the Association may kindly be victimised and the orders of the office bearers of the Association may be undone to strengthen Employee Grievance Redressal Mechanism.
Thanking you.                                                                          
Yours faithfully,


(RAVI MALIK),
Secretary General.