CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS): REPRESENTATIONS ON VARIOUS IMPORTANT ISSUES 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.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. 83/CR/14 Dt. 17.04.14

To,

Sh. P. Chidambaram,

Hon'ble Minister of Finance,

Govt. of India, New Delhi.

Sub: Reorganisation of Commissionerates under CBEC.

Sir,

As already known to your goodself, it is submitted with due regards that the cadre restructuring of CBEC was notified on 18.12.14. The notification for reorganisation of the Commissionerates in this regard is yet to be issued. The file was sent to your good office for approval on 31.03.14.

2. It is further submitted that our officers are retiring regularly with merely single promotion in the career in comparison of at least 4 to 5 promotions for other cadres under CBEC. They will be able to get the rare of the rarest IInd promotion against the temporary post of Asstt. Commissioner created in the cadre restructuring. Your goodself is unable to spare the time at Delhi due to your busy schedule.

3. In view of the above, your goodself is very much requested to call the file with you from Delhi for kind approval at your end. Any inconvenience in this regard is very much regretted.

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.com Mob. 09868816290

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. 82/STS/14 Dt. 17.04.14

To,

Ms. Neerja Shah,

DG, HRD of CBEC,

New Delhi.

Sub: Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers.

Madam,

Kindly refer to the decision taken against the point No. 2 of the meeting of 04.03.14 headed by the Chairperson andminuted 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 most of the gazetted officers in Central as well as State governments are being granted next promotion to a STS post (GP-Rs. 6600/-) while the Central Excise Superintendents are being promoted (if any) merely to a JTS post (GP-Rs. 5400/-). Their common entry counterparts in CSS are also being promoted to a STS post under CBEC itself and reaching the level of Joint Secretary (GP-Rs. 10000/-) on account of far better promotional avenues.

3. The Central Excise Superintendents are retiring merely on a PB2 post after joining the job as Inspector in PB2 while their common entry counterparts are retiring on PB4 posts after being entered into the job also in PB2 itself. Only 1% of the Central Excise executive officers are able to enter group ‘A’ JTS post at fag end of the career from a grade pay of Rs. 5400/- (granted on account of time scale or MACP upgradation) to Rs. 5400/- only.

4. The Central Excise Superintendents are the ‘backbone of the government’ on account of being the major collectors of the revenues for the government in the form of Central Excise duty, Customs duty, Service Tax and also GST in the forthcoming times.

5. The 6^th CPC has already intended to remove the disparities between the headquarters and field officers but nothing has changed the fate of the Superintendents of Central Excise. They are still totally ignored & discriminated in the matter of career prospects as well as pay matters in comparison to their counterparts.

6. Not only in CSS but also in Administrative Services, Police Services, Forest Services, Rajya Sabha Secretariat, CSSS, AFHQS, Engineering Services, CPWD, State Services etc., their counterparts are being promoted to a STS post. Not only it, their counterparts are also given benefit of seniority in group ‘A’ at many places in lieu of the service rendered by them in group ‘B’. At many places like various services in Railways, Administrative Services, Police Services, State Services etc., the group ‘B’ gazetted officers are allowed the weightage of minimum of 4 years at the time of entry into group ‘A’ also giving them the due benefit of seniority in lieu of the service rendered by them in the group ‘B’. For example, the officers of Provincial Services in Southern States enter into IAS in a grade pay of Rs. 6600/- within 8 years with 4 years of seniority benefit while the Central Excise Superintendents are unable to enter into IRS in a lower grade pay of Rs. 5400/ even after serving for 35-40 years. They enter (if any) into IRS in a grade pay of Rs. 5400/- only and retire at same level without any weightage for seniority in group ‘A’. Even time scale granted to them after 4 years of service is in PB2 while it is in PB3 for other group ‘B’ gazetted officers. 7. The rationale behind such a provision of weightage or direct promotion to STS group ‘A’ is based on the fact of the promotee officers having gained rich job experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers. But very unfortunately, the Central Excise Superintendents are not being given the said benefit despite of being served for the longest period in group ‘B’ as compared to any other category of the group ‘B’ employees of the Govt. of India. They are not allowed the benefit of their rich experience even despite of the Adjudication Orders also being prepared by them for the Commissioner level officers.

8. Before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’ since senior time scale was not available at that point of time. It is also worth to mention that their common entry counterparts of CSS are not only being promoted directly to a STS post after Section Officer (analogous to Superintendent) but also reaching the level of Joint Secretary (GP-Rs. 10000/-). The position in CPWD is even more interesting where an officer with a grade pay of Rs. 4600/- is directly being promoted to a post with a grade pay of Rs. 6600/- (STS) and further directly to a post with the grade pay of Rs. 8700/- from a post with a grade pay of Rs. 6600/-. Thus, they don’t need to serve on a post with a grade pay of Rs. 4800/-, 5400/- and 7600/- for promotion to the post with a grade pay of 8700/- after entry into a post with merely a grade pay of Rs. 4200/-.

9. Further; the Central Excise Inspectors and Assistants of the Central Secretariat Services (CSS), being analogous posts, are recruited through a common entrance examination conducted by the Staff Selection Commission and in a common scale of pay. Once upon a time, the pay scale of the Assistants was lower than the pay scale of the Central Excise Inspectors but was upgraded at par later on. Like it, the pay scale of the Section Officers was also lower than the pay scale of the Central Excise Superintendents once upon a time but was upgraded at par later on. Eventually, the Inspectors are promoted to the rank of Superintendent whereas the Assistants are promoted as Section Officers. The posts of Central Excise Superintendent and Section officer of CSS are analogous, yet the similarity ends here. Section Officers are promoted directly to the Senior Time Scale post with a grade pay of Rs. 6600/- and reach upto the level of Joint Secretary in the grade pay of Rs. 10000/- whereas the Central Excise Superintendents are promoted, if at all, to the Junior Time Scale post merely with a grade pay of Rs. 5400/-.

10. IAS and IPS are the most elite services in the country and the group ‘B’ officers are provided weightage even on promotion to these services in lieu of the service rendered in group ‘B’. But nothing such happens to the Central Excise Superintendents at the time of entry (if any) to IRS, the same also being one of the elite services of the Govt. of India.

11. It is also worth to mention that the Superintendents are not only discharging all functions relating to assessment, investigation & intelligence, drafting of SCN and even adjudication but have also been conferred with the judicial powers of recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 or Section 108 of the Customs Act, 1962. The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. They also have the adjudication powers pertaining to the cases of their level. However, though the Central Excise Superintendents are performing more responsible work functions as compared to other group ‘B’ gazetted counterparts yet they are facing the worst career prospects instead of being given better treatment. They are being maltreated despite of being the ‘backbone of the government revenue’. In the actual terms, though they are the ‘backbone of the government’ on account of being responsible to earn the finance for the government yet are being totally ignored in every matter.

12. In view of the above, it is requested that the Central Excise Superintendents may also kindly be promoted directly to a STS post like many other group ‘B’ officers of the Govt. of India by giving due weightage of the service rendered in group ‘B’.

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.

(RAVI MALIK)

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

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. 79/W/14 Dt. 16.04.14

REMINDER PL.

To,

Ms. Mala Srivastava,

The Member (P&V), CBEC,

North Block, New Delhi.

Subject: Option for purchase of weapon issued on loan basis.

Madam,

Kindly refer to the meeting of the Association held on 15.03.12 with the administration chaired by the then Member (P&V) alongwith various representations submitted by the Association on the issue. The subject-mentioned point was duly agreed in the meeting but no action has been taken till date.

2. It is submitted with due regards that the scheme to sell the weapons to the departmental officers by the CBEC was started initially without any condition of returning the same on retirement. Later on, it was changed to ‘loan basis’ with the condition of return of weapon to the CBEC on retirement while the politicians were privileged to purchase the same on nominal price. Our officers are being asked to return the same on retirement whereas the politicians were privileged to purchase even another one after every 3 years. Presently, many of the departmental officers are in possession of fire arm on loan basisissued by the department out of seized & confiscated weapons. These officers are supposed to surrender their weapon on retirement. It is reiterated that the departmental officers, however, were authorized to purchase these weapons at the start of the scheme without any condition of return.

3. It is further submitted that-

i) Many of such officers are on the verge of retirement who were issued the weapon for self defence.

ii) Earlier the department used to sell these fire arms to the departmental officers as well as the some other categories of the citizens.

iii) The scheme of selling the weapons to the departmental officers has been withdrawn while others are still entitled to purchase the same from the department. Not only it, others can purchase another weapon/s on some specified frequency after purchase of earlier weapon/s.

iv) It appears to be gross injustice to the departmental officers that they are deprived of the facility to purchase the weapon from their own department despite of being instrumental to seize & confiscate not only the weapons but also the gold, foreign currency and other prohibited/restricted goods. They have always to face white collar criminals, chronic economic offenders, hardcore smugglers & other criminals etc. during the disposal of their duties in the interest of the government. Despite of this all, the other categories of citizens still have the facility to purchase these weapons while ours not.

v) The threat perception to the life of the departmental officers is increased multifold from the side of the economic offenders and hardcore smugglers etc. after theretirementdue to vanishing of the departmental safety shield as compared during service.

3. In view of the above, it is requested that-

i) the necessary steps may kindly be taken to reinstate the initial scheme of selling the weapons to departmental officers and

ii) the officers intending to hold the loaned weapon with them after retirement for self defence may also kindly be allowed to do so after charging the price of the weapon from them at par with the officers who were allowed to purchase the same on permanent basis in the past.

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.com Mob. 09868816290

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. 80/MACP/14 Dt. 16.04.14

REMINDER PL.

To,

Ms. J. M. ShantiSundharam,

The Chairperson, CBEC,

North Block, New Delhi.

Sub: Undoing of para 8.1 of MACPS instructions.

Madam,

Kindly refer to the following communications of the Association made to the various authorities-

i) Ref. No. 15/10 Dt. 26.02.10, ii) Ref. No. 50/10 Dt. 08.05.10,

iii) Ref. No. 125/10 Dt. 20.10.10, iv) Ref. No. 41/11 Dt. 20.04.11,

v) Ref. No. 42/11 Dt. 20.04.11, vi) Ref. No. 46/11 Dt. 27.04.11,

vii) Ref. No. 56/11 Dt. 06.05.11, viii) Ref. No. 57/11 Dt. 06.05.11,

ix) Ref. No. 58/11 Dt. 06.05.11, x) Ref. No. 89/11 Dt. 09.06.11,

xi) Ref. No. 132/11Dt.07.08.11, xii) Ref. No. 158/11 Dt.07.09.11,

xiii) Ref. No. 165/11 Dt.14.09.11, xiv) Ref. No. 166/11 Dt.14.09.11,

xv) Ref. No. 167/11 Dt.14.09.11, xvi) Ref. No. 177/11 Dt.03.10.11,

xvii) Ref. No. 13/12 Dt.26.01.12, xviii) Ref. No. 25/12 Dt. 17.02.12,

xix) Ref. No. 117/MACP/13 Dt. 22.05.13, xx) Ref. No. 118/MACP/13 Dt. 22.05.13,

xxi) Ref. No. 119/MACP/13 Dt. 22.05.13, xxii) Ref. No. 120/MACP/13 Dt. 22.05.13,

xxiii) Ref. No. 221/MACP/13 Dt. 05.08.13, xxiv) Ref. No. 222/MACP/13 Dt. 05.08.13

xxv) Ref. No. 223/MACP/13 Dt. 05.08.13, xxvi) Ref. No. 224/MACP/13 Dt. 05.08.13,

xxvii) Ref. No. 267/MACP/13 Dt. 18.09.13 etc.

2. Kind attention of the administration is again invited to the verdict given by the Hon’ble Supreme Court in the Special Leave to Appeal No. CC 7467/2013 upholding that the MACP upgradation should be granted in the promotional hierarchy instead of the hierarchy of grade pays in r/o CWP No. 19387/2011 of the Hon’ble High Court of Punjab & Haryana &OA No. 1038/CH/2010 of Chandigarh CAT. The same verdict has also been given by the Principal Bench of the Hon’ble Central Administrative Tribunal in the OA No. 904/2012and latestly inOA No. 864/2014.

3. It is further submitted with due regards that the Para 8.1 of MACPS instructions stipulates aboutRs. 5400/- in PB2 and PB3 to be separate grade pays. One MACP upgradation has been offset with the time scale vide letters F.No.A-23011/29(i)/2010-Ad.IIA, F.No.A-23011/29(ii)/2010-Ad.IIA and F.No.A-23011/29(iii)/2010-Ad.IIA of CBEC, all dated 06.05.13 on the basis of bifurcation of single grade pay of Rs. 5400/- into two (one in PB2 and another in PB3) as per above said para 8.1. The said para now has no validity and is totally illegal in the light of the above mentionedjudgements.

4. Further,the Principal Bench of Central Administrative Tribunal has very specifically ordered in O.A. No.864/2014-

“In our considered view, once an order has been passed by this Tribunal and it has also been upheld at the level of the Supreme Court, there is no question of waiting for an approval from any Govt. department for implementation of the same. The respondents, therefore, should have considered the representations of the applicants on merits.”

5. Your kind attention is also invited to thevarious verdicts given on res judicata by various courts upto the level of Supreme Court including given in the OA No. 3409/11 by the Principal Bench of the Hon’ble CAT saying that the benefit of an order should also be equally applicable on the other similarly placed employees. The relevant portion of the order is reproduced as below-

“We have heard the learned counsel for the parties. Undisputedly, the applicants are similarly placed as the applicants in O.A. 2089/2008 (supra). The issue decided in the aforesaid O.A. is that the service rendered by the applicants therein as civilian clerks in lieu of combatant clerks shall be counted for the purpose of granting ACP/MACP benefits. We do not understand the logic of either the Ministry of Defence, DOP&T, Ministry of Finance or even the Ministry of Law as to how the aforesaid directions, as upheld by the Hon’ble High Court of Delhi and the Apex Court, cannot be made applicable to the applicants who are admittedly similarly placed. In our considered opinion, the respondents/departments should desist from rejecting the genuine request of the employees and force them to knock the door of the courts unnecessarily without any justifiable ground.In the circumstances, we allow this O.A. Consequently, the impugned order dated 08.09.2011 is quashed and set aside. The respondents shall treat the applicants in this O.A. similarly placed as the applicants in O.A. 2089/2008 (supra) and the directions given therein, as extracted above, shall be made applicable to the applicants herein also. The respondents shall grant all the consequential benefits to the applicants herein within a period of two months from the date of receipt of a copy of this order. Even though this is a fit case for imposing exemplary costs on the respondents, we desist from doing so as the applicants would be monetarily benefited by the orders of this Tribunal. There shall be no order as to costs.”

6. In view of the above, it is requested that the said para 8.1 of MACPS instructions may kindly be scraped and the financial upgradations under the MACP scheme may be granted in accordance of the promotional hierarchy without offsetting the MACP upgradation with the time scale. Thus, the officers already getting the grade pay of Rs. 5400/- as time scale should get a grade pay of Rs. 6600/- on next MACP upgradation without offsetting with the time scale. No need to submit that the matter is not required to be referred to the DOPT/any nodal department and more employees are also not required to approach any legal court to get the due benefit as per paras 4 & 5 above. The CBEC may kindly issue the due circular based on the above judgements on its own to grant the benefit to its employees.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

The Member (P&V), CBEC, North Block, New Delhi.

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

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. 81/HI/14 Dt. 16.04.14

REMINDER PL.

To,

Ms. Meenu S. Kumar,

Additional Director (I &W), DG HRD, Customs & Central Excise,

New Delhi.

Sub: Proposal of “HEALTH INSURANCE SCHEME for CBEC Employees” – Reg.

Madam,

Kindly refer to your letter F.No.712/251/HRD/WF-1/1 Dt. 26.07.13andRef. No. 229/HI/13 Dt. 12.08.13 of the Association.

2. It is again submitted with due regardsthat-

(A) No portion of the premium should be contributed by the employees as also already mentioned in the draft of scheme circulated by your goodself. The said 20% premium may, however, be contributed by the employees for family members irrespective of age not defined under CGHS/CS (MA) Rules, 1944for this purpose. Such family members should also be included in the scheme because, in the most of the cases, the pensioner parents (particularly single parent getting family pension) are getting very meagre pension, i.e., even less than Rs. 10000/- (less than Rs. 5000/- in the most of the cases). Thus, the parents/members specifically not getting more than 20000/- pension should kindly also be included in the scheme against charging said premium from the employee because income limit of Rs. 3000 or 3500/- prescribed by the government for the purpose of dependency is too little in the present time. It is worth to mention that the DG, HRD was also agreed to this suggestion of the Association during the meeting held on welfare measures.

(B) The retired officers/pensioners should also kindly be covered under the scheme.

(D) Free of cost annual health check-upsshould kindly be conducted not only for the employee/pensioner but also for all of the family members in accordance ofpara (A) above.

(E) Insurance cover should kindly be at least Rs. Five lakhper annum instead of Rs. Two lakh.

(F) Only first heart attack has been covered under the critical illnesses in the draft of the scheme. It should kindly be every heart attackalongwith other deseases.

(G) Education fees at S. No. e. under the chapter of ‘benefits’ of the draft should kindly be at least Rs. 5000/- instead of maximum of Rs. 3000/-.

(H) Cover at S. No. k. under the chapter of ‘benefits’ of the draft should kindly be for up to 15 days and up to 30 days respectivelyinstead of for up to 07 days and up to 15 days.

(I) Under the chapter of ‘mid term review’ of the draft, no member has been included from the staffside in the committee. One member each nominated by every staff Associationshould also kindly be included in this committee as per the existing guidelines to include the staffside as members in the welfare committees.

(J) Under the chapter of ‘grievance redressal’ of the draft also, no member has been included from the staffside in the grievance redressal committee. Like the preceding suggestion, one member each nominated by every staff Association at Commissionerate levelshould kindlybe included in this committee.

(K)The most of the officers will be willing for the scheme butan official circular from HRD/CBEC will be required asking for the willingness.

3. It is further submitted that the matter is pending for last more than 8 months. It is, therefore, very much requested to expedite the same.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

CENGO INDIA ( DEDICATED TO ALL CENTRAL EXCISE, SERVICE TAX AND CUSTOMS GAZETTED EXECUTIVE OFFICERS)

Wednesday, 16 April 2014

REPRESENTATIONS ON VARIOUS IMPORTANT ISSUES OF AIACEGEO.

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