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: 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. 86/TS/14
Dt. 22.04.14
To,
Ms. Neerja Shah,
DG, HRD of CBEC,
New Delhi.
Sub: Non-functional time scale
in PB3 instead of PB2to Superintendentsafter 4 years of
service.
Madam,
Kindly
refer to the decision taken against the point No. 2 of the meeting of 04.03.14
headed by the Chairperson and minuted vide F. No. 8/B/49/HRD(HRM)/2014/1272 Dt.
26.03.14 asking the Association to submit the copy of the detailed
representation to your goodself.
2. It is submitted with due regards that the time scale has been granted
in PB3 to other counterparts including CSS while it is merely in PB2 for Central
Excise Superintendents as well as their counterparts of the Department of
Revenue and Posts. It wasgranted to CSS
officers since 1996 in PB3/equivalent scale whereas since 2006 in PB2 to our
officers in
a very discriminatory manner. It is also worth to mention that it was granted to CSS officers during
their cadre restructuring but nothing such was proposed for us in the cadre
restructuring despite of the requests of the Association.
3. It is further
submitted that the Superintendents of Central Excise were granted a
non-functional time scale in PB2 after 4 years of regular service as per the
resolution dt.29.08.08 of the GOI. On the contrary, the most of the other group
‘B’ gazetted officers barring Postal Department were granted the said time
scale in PB3 after the equal years of service. In our own CBEC, the
counterparts of the Superintendents of Central Excise belonging to CSS, CSSS
etc. are getting this time scale in PB3.
4. In the Department of Revenue, the Superintendents
of Central Excise etc. have been granted the time scale in PB-2 corresponding
to the pay scale of Rs.8000-13500/-. They were placed under the pay scale of
Rs.7500-12000 w.e.f. 21.04.04 while the officers of CSS & CSSS were placed
under the equivalent scale w.e.f. 01.01.06 justifying the stronger claim
forSuperintendents to be placedunder a time scale in PB3 w.e.f. the date since
when the officers of CSS & CSSS were placed under the Group ‘A’ time scale
of Rs.8000-13500/-. The claim of the Superintendents becomes even stronger on
account of the judicial powers granted to them to adjudicate the relevant cases
and recording statements like a Magistrateunder Section 14 of the Central
Excise Act& Section 108 of the Customs Act having validity even before the
Supreme Court. Not only it, the Adjudication Orders are also being prepared by
them for the Commissioner level officers. No such powers have been granted to
any Group ‘B’ Gazetted officer of the Govt. of India.
5. The aboveanomalous situation gives rise to the disparity&
discrimination. Officers of equal rank
& status of the Department of Revenue working in CBEC have not been treated
at par with the officers of equal status & rank belonging to the Central
Secretariat Service working in headquarters offices despite of 6th
CPC recommendations for the equal treatment to Hqrs and field officers vide chapter 3.1 of its report.
6. Due to the abovedisparity& discrimination, the officers joining as
the Inspector of Central Excise get the first MACP upgradation in the grade pay
of Rs.4800/- (in PB-2). They get the 2nd MACP upgradation or time
scale in the grade pay of Rs.5400/- in PB-2. After completion of 30 years of
service, they get the 3rd MACP upgradation in the same grade pay of Rs.5400/-
in PB-3 without any financial benefit while they were able to get the same only
after 24 years of service under the original scheme of ACP. On the contrary,
their common entry counterparts of CSSand other organisations are able to get
the higher grade pay of Rs. 6600/- or 7600/- under MACPS after completion of 30
years.
7. Due tothe abovedisparity& discrimination,our Group ‘B’ gazetted
officers getting time scale in PB-2 are also not able to getthe otherbenefitsincluding
the performance based higher rate of annual increment at 4% allowed to theircounterparts
placed in PB-3 on account of time scale.
8. The Central Excise Superintendents/Inspectors remain in the same grade
pay of Rs. 5400/- itself on the grant of 2nd MACP upgradation/time
scale and 3rd MACP upgradation.
If they are also granted parity with the CSS and other counterparts in
the matter of time scale, they will also be able to get a grade pay of Rs.
6600/- after completion of 30 years.
9. If the above disparity/discrimination
is undone, the anomalous situation may be rectified upto a certain extent as
the counterparts of CPWD, CSS & CSSS etc. have already got a grade pay of
Rs. 7600/- after completion of 30 years of service {clarification
point No. 3 in OM No. 35034/3/2008-Estt. (D) Dt. 09.09.10 of DOPT}.Reason
of this serious disparity is the direct promotion of group ‘B’ gazetted
officers of CPWD, CSS & CSSS etc. to a post in grade pay of Rs. 6600/- contrary
to the promotion of group ‘B’ gazetted officers of field formations under CBEC to
merely a post ina grade pay of Rs. 5400/-. Our officers getting promotion after
the grant of 2ndACP up-gradation could not get any financial benefit
on promotion due to this. They also didn’t get the benefit of time scale.The
officers promoted as Superintendent after 16 years of service are also at the
loss of one increment.This disparity
also needs an immediate remedy by promoting the Superintendents directly to a
post ina grade pay of Rs. 6600/-.
10. IFU also recognized the above
disparity and recommended the time scale in PB3 for Central Excise
Superintendents to Expenditure but the same was not acceded byExpenditure
saying that the provisions of time scale in the pay scale of Rs. 8000-13500/-
existed even prior to 6th CPC for CSS (vide p-14/n of F. No.
A.26017/97/2009-Ad.IIA). The reason shown by the Expenditure for not granting
the same benefit to the Central Excise Superintendents does not seem
genuine& reasoned particularly after being duly recommended by IFU.
Moreover, other counterparts have been granted the time scale in PB3 at par
with CSS despite of the fact that they were not having this benefit prior to
the 6th CPC.
11. Prior to the
implementation of the recommendations of the 6th CPC, a Group ‘B’
gazetted field officer under CBEC holding the post in the pay scale of
Rs.7500-12000/- got the promotion to aGroup ‘A’ postwith the pay scale of Rs.8000-13500/-. Further under the ACP Scheme issued in 1999,
2nd financial up-gradation was also granted in the same pay scale of
Rs.8000-13500/- of Group ‘A’. There was
no distinction between the entitlements due to the grant of higher pay scale of
Rs.8000-13500/- granted either by promotion or by financial up-gradation under
ACP Scheme.
12. It also
mentionworthy that there was no provision of time scale in PB-2prior to 6th
CPC.
13. In view of
the above, it is once again requested that the Superintendents of Central
Excise may also kindly be granted the non-functional time scale in PB3 or
equivalent scale after completion of 4 years of service since the date of grant
of this benefit to the group ‘B’ gazetted officers of CSS.
Thanking you,
Yours
faithfully,
(RAVI
MALIK),
Secretary
General.
Copy with the request for
necessary action w.r.t. meeting of 04.03.14 to:
1) The Chairperson, CBEC, North
Block, New Delhi.
2) The Member (P&V), CBEC,
North Block, New Delhi.
