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: 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. 90/A/14
Dt. 28.04.14
To,
Sh. Rajiv Takru,
The Secretary, Department of Revenue,
North Block, New Delhi.
Sub: Submissions regarding
employee grievances.
Sir,
First of
all with due regards, the members of this Association are very thankful to your
goodself to call the Association for a meeting to hear their grievances in
person. This shall revive the Employee Grievances Redressal Mechanism in the
Department of Revenue. The Association requests for holding such minuted
meetings at due intervals as per your kind convenience.
Further,
the following points are submitted for your kind consideration and due
redressal-
1. Immediate DPC for the post of Asstt. Commissioner for
the panel years 2013-14 & 2014-15 and also for the vacancies in r/o cadre
restructuring: We are far
behind in holding the DPC,s for the promotions to the post of Asstt.
Commissioner. There is already a delay for two panel years in the matter. The
last DPC for the said post was held for the panel year 2012-13 on 06.03.14
despite of being due to be conducted latest by the month of January, 12. Many
of our officers due for the rarest IInd promotion have already retired on
account of the delayed process of DPC’s. The last DPC was conducted for 149
vacancies but only 110 officers could get promotion resulting in the retirement
of other eligible/empanelled officers. Serving officers were also not promoted
against the remaining 39 vacancies. Not only the DPC’s for the vacancies
existing for the panel years 2013-14 & 2014-15 but also for 2268 (150
permanent + 2118 temporary) posts created in the cadre restructuring as
notified on 18.12.13 are pending. It is requested that the said DPC’s may
kindly be conducted and cadre restructuring implemented on immediate basis
particularly keeping in view the monthly mass level retirements of our officers
merely with single promotion in the career. The immediate implementation of cadre
restructuring will give a bit solace to these officers in the form of IInd
promotion at the fag end. It is also worth to submit that six months are nearly
to expire after Cabinet approval but the reorganisation notification of cadre
restructuring is still awaited.
2. Scheme to improve the career prospects of Central Excise
Superintendents/Inspectors independent of cadre restructuring to enter them
into PB-4: Our common entry counterparts including CBDT,
CSS etc. are reaching the PB4 levels after getting 5/6 promotions while we are
retiring merely on a PB2 post after getting only single promotion in the career
of 35-40 years. Only around 1% of our officers are able to be promoted to the
lowest level of PB3 at the fag end of the career. The JTS posts created in the
cadre restructuring will also make no change in the situation and will enable
only some more of our officers to get the lowest level PB3 post due to being
temporary in nature with no right for further promotion. Despite of total
demoralization and nothing left to be motivated due to the worst career
prospects being faced, our officers have always been collecting the revenue for
the Govt. well above the set targets with complete commitment & dedication.
It is requested that some concrete measures (e.g., time bound promotions,
notional promotions, supernumerary posts, separate service, in-situ promotions,
direct promotions to higher grades, batch to batch functional upgradation with
the best placed common entry counterparts or any other specific measure/s) may
kindly be taken independent of cadre restructuring to enter our officers also
into PB4 like other counterparts. This shall also remove the regional
disparities existing in the promotions of group B officers in CBEC.
3. 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 analogous counterparts of IB, CBI etc. alongwith other perks as
being granted to the later ones: DSP
of CBI, DCIO of IB & Central Excise Superintendent etc. are the analogous
posts and were being granted the same pay scale upto 1985. The High Power
Committee formed on pay matters by the then FM, Sh. Yashwant Sinha, also
admitted the analogous character of these posts. The pay scales of DSP of CBI
& DCIO of IB were enhanced to the level equivalent to Rs. 5400/- in PB3
w.e.f. January, 86. It was done by the Govt. on the simple recommendation of
the concerned department without any recommendation by the Pay Commission. They
were also granted group A status later on but our Central Excise
Superintendents are still being placed in the lower scale of group B. This has
been done despite of more hazardous & arduous duties being performed by our
Superintendents during the discharge of executive as
well as quasi-judicial functions taking every risk on life of self & family
on account of countering with the habitual revenue offenders, white collared
criminals & hardcore dreaded smugglers alongwith tremendous administrative
pressures. Our Superintendents are discharging all functions relating to
assessment, investigation & intelligence, issuance of Show Cause Notices
with the powers of adjudication etc. Their claim becomes even stronger on
account of the judicial powers granted to them to adjudicate the relevant cases
and recording statements like a Magistrate under Section 14 of Central Excise
Act and Section 108 of Customs Act having validity even before the Supreme
Court. No such powers have been granted to any Group ‘B’ Gazetted officer of the
Govt. of India including CBI & IB. Not only it, the Adjudication Orders are
also being prepared by our Superintendents for the Commissioner level officers.
Even the recommendations of 6th CPC under para 7.15.24 asking to
maintain the well-established parity between the Chief Enforcement Officer and
Central Excise Superintendent etc. under the same department of Revenue have
also not been implemented. Chief Enforcement Officers had already been placed
in a higher pay scale than the Central Excise
Superintendents. Thus, it is totally unjustified to have merely a
difference of Rs. 200/- at the time of
promotion of an officer from a grade pay of 4600/- (Inspector) to a grade pay
of Rs. 4800/- (Superintendent) particularly when the officer is to retire with
only single promotion in the career of 35-40 years. It is also worth to submit
that our officers are entitled to go to CBI & IB but their officers are not
entitled to come to CBEC on deputation because our officers are performing more
important work functions with higher responsibilities. Keeping in view the
importance of our work and above submissions, it is requested that a pay scale equivalent to the grade pay of Rs. 5400/- in PB3
may kindly be granted to the Central Excise Superintendents w.e.f. the date of
the grant of the same to the analogous counterparts of IB, CBI etc. alongwith
other perks as being granted to the later ones.
4. Implementation of the CBEC
circular issued vide F. No. A-26017/44/94-Ad II(A) Dt. 08.03.95 regarding arrears of pay: The said circular was issued on the basis of the
Judgement given by the Hon’ble CAT of Jabalpur to grant the equivalent pay
scale to our Inspectors as granted to the Inspectors of CBI etc. The Hon’ble
CAT had ordered to grant the same pay scale to our officers w.e.f. the date of
the grant of enhanced pay scale to the Inspector of CBI etc., if IVth CPC
recommended the same pay scales to both of the categories. The CPC placed both
the categories under the same pay scale but the above circular has not been
implemented till date despite of the repeated requests of the Association as
all of the then Central Excise Inspectors have now become Superintendents. It
is requested that the said circular may kindly be implemented at an early date.
5. Regularisation of ad hoc promotions
based on the rules existing on the date of regularization: Hon’ble Supreme Court ordered to
regularize all ad hoc promotions made to the post of Asstt. Commissioner by
framing new recruitment rules for the sake of ‘just & fair representation of
each category’ as per the verdict dt. 03.08.11 given in CWP No. 385/10. Now
regular DPC is to be conducted to regularize all ad hoc promotions since 1997.
It is requested that the regular DPC may kindly be conducted on the basis of
the recruitment rules as existing on the date of DPC itself because the earlier
recruitment rules are not in the existence now. It is also not out of place to
mention that all 1979 onwards promotions to the post of Asstt. Commissioner
were regularized based on the then new recruitment rules at an earlier occasion
as per the verdict given by the Supreme Court sometimes in Dec, 96 in CWP No.
306/88 but the regularization of the ad hoc promotions for the post of Asstt.
Commissioner since 1997 is not being done on the basis of the new recruitment
rules existing as on the date of the regular DPC. It is worth to reiterate that
old recruitment rules have already been repealed after coming of new rules into
existence.
6. Batch to batch Non Functional Upgradation to the
Central Excise Superintendents/Inspectors
at par with the best common entry counterparts like CSS etc.: All organised group A
officers recruited with IAS, the best placed group A service, have been granted
financial parity with the counterparts of IAS. They have been granted non-functional financial up-gradation vide DOPT OM No.
AB.14017/64/2008-Estt.(RR) dt. 24.04.09 to compensate the financial loss due to
lack of promotions as compared with IAS. But nothing such has occurred to group
B officers. The CSS officers are the best placed group B officers of Govt. of
India like IAS in group A. The group B officers at the level of Inspector of
Central Excise and the Assistant of CSS alongwith others are recruited in a
common scale of pay through
common entry examination conducted by SSC. The officers recruited as
Assistant of CSS get the benefit of promotions upto the Joint Secretary level.
However, their counterpart Inspectors of Central Excise in CBEC get only one
promotion in 35/40 years of service career. The Inspectors of Central Excise
are recruited in PB2 and also retire on a PB2 post of Superintendent barring
around 1% whereas all of their common entry counterparts of CSS easily reach
PB4 levels after being recruited with them in PB2. It is also worth to submit
that the revenue officers are highly placed throughout the world in the matter
of salary, perks and career prospects as compared to other employees but, very
unfortunately, our officers are facing the worst prospects. Needless to submit
that Superintendents/Inspectors already have been earning the major portion of
the Govt. revenues well ahead of the revenue targets. As submitted above, they
have been facing every threat including life & person on them as well as
their families by the habitual revenue offenders, white collared criminals
& hardcore dreaded smugglers alongwith tremendous administrative pressures
during this course. The grant of the non-functional financial upgradation on
batch to batch basis (since joining in group B, non-gazetted) at par with the
best placed common entry counterparts of CSS may really be a solace for these
poor officers. The work importance of Central Excise officers has also been
submitted under point No. 3 above. It is requested that the officers recruited
as Inspector/Superintendent of Central Excise may kindly be granted at least
non-functional financial upgradation at par with their counterparts of CSS on
batch to batch basis (since joining in group B, non-gazetted). This shall also
remove the regional disparities, prevailing in CBEC among group B officers, on
financial basis.
Thanking you,
Yours
faithfully,
(RAVI MALIK),
Secretary
General.
