PART-III.
APPEAL FOR REMOVAL OF ACUTE STAGNATION AS EXISTED IN THE CADRE OF
SUPERINTENDENT OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX.
The causation of
frustration of any cadre is any organization is due to stagnation. The cadre of
Superintendent of Central Excise is a totally stagnated cadre. Superintendents
of Central Excise almost ninety nine percent of total cadre strength are
retiring in the same cadre without getting promotion to Gr-A. Those are joining
in Inspector cadre which is a Gr-B cadre are retiring in the grade of
Superintendent , which is also a Gr-B cadre. The Acute stagnation is existed in
this cadre due to following basic reasons.
(a)
The
Cadre review exercise have not been conducted periodically in every five years
in CBEC in accordance with IV CPC & V CPC recommendations and DOPT OM No.
2/1/87-PP dated 23.11.1987.
(b)
Fair,
just and equitable shares have not been provided to Central Excise side for
promotion to Gr-A on the basis of Cadre strength.
(c)
Framing
of faulty Recruitment Rules by CBEC.
(d)
There
is no scheme of In-situ promotional/Time bound promotion/Flexible complimenting
scheme/Fast track promotional etc for
the cadre of Supdt. Central Excise.
(e)
The
ACP/MACP beneficiaries have not been provided with higher
responsibilities/duties and designation etc.
(f)
Inter
cadre and intra cadre disparity in promotions.
(g)
Few
Cadre Restructurings were conducted by CBEC which were not on the basis of
functional cum structural considerations with due regard to the duties and need
to promote efficiency in the organisation/department and also not in accordance with the guidelines prescribed
by DOPT.
1.
The 5th Central Pay Commission in
its report vide para 66.117 has interalia observed that “the activities of the
CBEC are covered under the Non-Plan Budget of the Department of Revenue, which
has reportedly caused a situation where legitimate needs for expansion of the
department are not taken care of. It has been demanded in this context that a
relationship between revenue collected and expenditure on revenue services
should be established so that need for additional staff for the department is
properly taken care of. We have considered this demand and feel that
augmentation of the manpower resources of the department should be strictly
determined only on functional considerations and there can be no nexus between
expenditure on establishment and revenue collections.
The
Tax Reforms Committee headed by Dr. Raja Chelliah has categorically mentioned
in para 10.2 of Page 126 of Interim Report that the Government should recognize
the paramount importance of the Revenue Department and should spare no efforts
in improving their conditions of service, technical skills and work
environment. In para 10.3 interealia it is also mentioned that taking in to
account the vital role that the Revenue Department should play in garnering
adequate resources for ensuing the security of the country as well as
substantial economic growth with social justice, the committee is firmly of the
view that the salary scales and Promotional prospects of the officers and
staffs in the revenue department should be at least be comparable with the best
that Government offers to its employee .
The 4th Central Pay Commission
is its report vide para 23.9 and 23.10 (Chapter 23) has interalia observed that
“23.9.- It appears that introduction of Selection grade and grant of one
stagnation increment have proved to be temporary palliatives. A Solution of the
problems of stagnation and inadequate promotion opportunities should seem to be
in a rational cadre structure and long pay scales. It is recognized that
promotional opportunities should be available to employees as motivation for
them to contribute their best in the discharge of their duties. At the same
time, the system of career progression should be consistent with the functional
needs and requirements of organization. It may not therefore, be feasible to
lay down a rigid formulation as to the number of promotions which an employee
should have in his career and the length of service which should qualify for
such time bound promotions. Vide DOPT OM No. 2/1/87-PP dt.23.11.87 circulated under MF(DR) F.No.12/217/87-coord
dated 21.12.87 (Cir. 317/87) the guidelines for cadre review of Group B, C and
D, cadres in the light of the recommendations made by the 4th
Central Pay Commission was issued by the Central Govt. In the said circular it
is inter alia mentioned that “Periodical Cadre Review is an important part of
personal management in the organization. It plays a vital role in the smooth
functioning of the cadre and in keeping up the moral of its members. The main
thrust of the cadre review should be on manpower projections and recruitment
planning on scientific lines aiming at the same time at rationalization of the
existing cadre structure with a view to improving the efficiency, moral and
effectiveness of the cadre”.
It
is also stipulated in the said circular that “the cadre review exercise may be
conducted after every five years”.
It is further
respectfully submitted that on the basis of 4th Central Pay
Commission recommendation for periodical cadre review with a view to ensuring
reasonable career progression to the employees and that the same time to ensure
operational efficiency through comprehensive manpower planning, most of the
Central Government Departments conducted cadre review in the year 1987
where-as, Union Finance Ministry under letter dated
25.7.1989(MF-DR-F.No.A-11013/4/89-Ad.IV) conveyed sanction of the posts in the
cadre review of Indian Customs and Central Excise Group A posts and after such
sanction, the posts of IC&CES(Gr-A) have been increased from 1278 to 1718
without providing any promotional avenues to Gr-B Gazetted Officers and such
Gr-A Posts were not increased proportionally with reference to Gr-B cadre
strength.
The
Central Government under DOP O.M.No.2/1/87-PP dated 23.11.87 had issued order
for periodical Cadre Review of various staff cadres at an interval of 5 years
and in accordance with such instructions, it was required on the part of the CBEC
to make Cadre Review at an interval of
5 years in the following block years.
a.
Up
to 1986
b.
1987-91
c.
1992-96
d.
1997-2001
e.
2002-2006
f.
2007-2011
g.
2011-2015
The CBEC have not made any
Cadre Review in CBEC for the following Block Years 1987-91, 1992-96, 2002-06
& 2007-11.
A proposal of the Customs
and Central Excise Department for the up-gradation of 2357 posts of Inspectors
of Central Excise/Preventive Officers to those of Superintendents of Central
Excise/Superintendent (Prev) Customs had been approved by the Hon’ble Finance
Minister in July 1996. This consisted of 1757 posts of Inspector and 600 posts
of Preventive Officers. Vide F.No.A-11012/1/96-Ad.IV Dated:18.06.1997 it is
interalia mentioned that “while approving the proposal, it was stipulated that
the up-gradation shall be carried out in a Phased manner, officers with 17
years of regular service to be promoted in the first instance and within a year
who have put in 16 years of regular service to be promoted in the second
instance. But proportionally Gr-A posts had not been increased taking into
account the increase of Gr-B posts/Span Central etc.
During the year 1998, the
CBEC has decided that “the Excise administration in particular relating to
Audit, Preventive, Service Tax, Ranges and Certain other areas are required to
be urgently re-enforced and re-structured by providing higher level officers
with enhanced expertise, different levels as a part of the overall objective of
bringing about improvement in the efficiency of the organisation and morale of
the employees”.
Accordingly a proposal of
Cadre Restructuring submitted by CBEC was accepted by secretary Revenue on
03.11.1998 which interalia provided for (a) up-gradation of 3387 post of
Superintendent (b) creation of 236 posts of Senior Superintendents (c)
up-gradation of 700 posts of Superintendent of Customs (Preventive) and (d)
up-gradation of 350 posts of Appraisers.
In accordance with the
above said restructuring proposal it was suggested for up-gradation/creation of
4673 nos of senior level posts. This up-gradation should have been on similar
lines of cadre restructuring approved for Income Tax Department to restore
parity with this Department.
However, without approving
the up-gradation/creation of 4673 nos. of Senior level posts, CBEC reportedly
submitted a proposal of Cadre Restructuring which was subsequently approved by
the Central Government vide Cabinet Secretariat note no.28/CM/2001(i) dated
16.07.2001 totally ignoring the legitimate claims of all Superintendents of Central Excise (Gr-B) as a whole with an
intention to provide more benefits to only officials of IC & CES Group-A
service in CBEC. This cadre restructuring was not conducted on functional cum
structural considerations with due regard to the duties as need to promote
efficiency in the organisation/department.
In accordance with the
F.No.A-11019/72/99-Ad.IV Dated: 19.07.2001 the sanction strength during 2001 of
IC&CES (Gr-A), Group-B Executive and Group-C Executive of CBEC is as under:
Chief Commissioner : 47
Commissioner : 290
Addl. Commissioner : 300
Joint Commissioner : 276
Deputy Commissioner : 701
Asst. Commissioner : 690
Total Group-A : 2304
Total Group-B Executive:
12766
Total Group-C Executive:
18053
The restructuring was done in such a manner that while Group-A
direct recruits were promised five pay scales and five promotions after the
entry level. The Group-B Executive Officers who entered the service as Group-B
officers were registering an increase of 61 percent. However, the promotional
avenues from Group-B to Group-A was drastically reduced because only 345(50% if
690) promotional posts were available
for 12766 Group-B executive officers for their 2nd promotion, which
works out to merely 2.70%, while the promotional avenues to Group-A officers
range from 55% to 125%. For Superintendent, Central Excise Group-B the
promotional avenues drastically reduced to 2.4%.
In the Cadre
Restructuring - 2013 of CBEC (notified on 18.12-2013), 689 senior level posts (
Principal CC to DC)have been created whereas 300 posts (regular ) have been
created at the cutting edge level i.e. Asst.Commissioner. The consequential
vacancies at the level of AC ( regular) will be 989 ( 689 + 300), which is
proposed to be filled-up @ 50% by promotion and 50% by Direct Recruitment in
accordance with the Recruitment Rules. 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 was 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 the
CR-2002.All the three Cadre Restructuring have not been conducted by CBEC
systematically, on functional –cum- structural considerations with due regard
to the duties and responsibilities and need to promote efficiency in the
Organisation/department.
2.
Further the promotional prospects of Superintendents of Central
Excise were adversely affected due to the fixation of 6.1.2 ratio in old Recruitment
Rules 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 itra cadre(including inter
cadre) disparity in promotions as existed in our cadres. Since 2118 Nos. of pots of Asst. Commissioner
has been created for 5 years and there is a provision that the holders of such
temporary posts are not eligible for any further promotion, hence creation of such temporary posts will not solve any stagnation problem. On
implementation of CR-2013 of CBEC the
sanctioned strength of Gr-B Gazetted posts is 19108 and for these 19108
Gazetted officers only 479 nos. (fifty percent of 949 which is the total
sanctioned strength of regular Asst. Commissioner posts ) are available for
promotion. Hence 99% of Gr-B Gazetted officers will retire without getting
promotion to Gr-A. In accordance with the DOPT guidelines issued on the basis
of VI CPC recommendations at least 6000 Nos. of Asst. Commissioner/Deputy
Commissioner regular new post are required to be created on functional
necessity basis, but Govt. created only 500 new posts.
3.
FRAMING OF RECRUITMENT RULES: As per
DOPT guidelines on "Recruitment Rules":-
vide para 3.1.5 -The Recruitment Rules should be reviewed once in 5 years with a view to
effecting such change as are necessary to bring them in conformity with the changed
position, including additions to or reductions in the strength of the lower and higher level posts
but CBEC does not implement such instructions of DOPT. The Gr-A RRs which was framed during 19987 was revised during 2012. Framing Rules, Laws including for Service matters is the Policy making function of the Government. Article 309 of the Constitution of India provides that Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act. William Shakespeare had said “ If you have tears, prepare to shed them now.” Now, having been grossly aggrieved after grave suffering for thousands of silent, frustrated, depressed and anguished Superintendents of Central Excise, Customs and Service Tax, we would like to express the disillusionment, heartburn of such large people due to the malaise prevailing in the Superintendent of Central Excise, Customs and Service Tax cadre affecting their morale and work culture. The main cause of this state of deterioration is that in their entire service span of about 35 to 40 years the Superintendents of Customs, Central Excise and service Tax are getting just one promotion whereas, other officers like Examining Officers of Customs having joined in the same service and selected through the same all India combined competitive examination on merit and option basis conducted by the selection body i.e. Staff Selection Commission are getting 4 to 5 promotions in the similar duration of service. More condemnable is the reason that though the Preventive Officers of Customs, Central Excise Inspectors and Examining Officers of Customs having been selected through the same all India combined competitive annual examination on same qualification, merit and option conducted( for the same level Posts under Income tax, Customs and Central Excise etc, Services ) by the selection body i.e. Staff Selection Commission and appointed in the same Deptt./Service to the same level different Posts by nomenclature only in the Customs and Central Excise Service on the basis of merit & option, the Preventive Officers of Customs and Central Excise Inspectors (General, Scheduled Castes & Scheduled Tribe) are compelled to work under the said Examining officers of Customs who were (may be) having lower merit or selected through a later examination( upto 15 to 16 years afterwards) conducted by the selection body i.e. Staff Selection Commission. (Promotions are made as mere simple promotions and not on selection basis or selection post but to the Cadre Posts at different levels in the same Service) We have been fighting for justice as per Rule of Law and Constitution of India for the last over 27 years with no tangible results so far due to mala fide (because of the mala fide reasons known to the sufferers) acts of commissions & omissions by the officials sitting in the union of India. Not respecting Rule of Law, Equity, Justice, Dignity & Honour of the President of India and Constitution of India is in reality an act of betrayal and fervidity. Hon'ble Apex court in the case of Radhey Shyam Singh upheld that "Direct Recruitment" made on the basis of "Zonal Examination" taken by SSC is contrary to Fundamental Rights (Art. & 16) and thereby struck down the Zonal Examination System. As per such direction of Honourable Apex Court the examination on all India basis has been started since 1996. Para 10 of the same order wherein Hon'ble Apex Court observed that:- "10. The argument advanced by the learned counsel for the respondents that this process of zone-wise selection is in vogue since 1975 and has stood the test of time cannot be accepted for the simple reason that it was never challenged by anybody and was not subjected to judicial scrutiny at all. If on judicial scrutiny it cannot stand the test of reasonableness and constitutionality it cannot be allowed to continue and has to be struck down......................."
vide para 3.1.5 -The Recruitment Rules should be reviewed once in 5 years with a view to
effecting such change as are necessary to bring them in conformity with the changed
position, including additions to or reductions in the strength of the lower and higher level posts
but CBEC does not implement such instructions of DOPT. The Gr-A RRs which was framed during 19987 was revised during 2012. Framing Rules, Laws including for Service matters is the Policy making function of the Government. Article 309 of the Constitution of India provides that Recruitment and conditions of service of persons serving the Union or a State Subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State: Provided that it shall be competent for the President or such person as he may direct in the case of services and posts in connection with the affairs of the Union, and for the Governor of a State or such person as he may direct in the case of services and posts in connection with the affairs of the State, to make rules regulating the recruitment, and the conditions of service of persons appointed, to such services and posts until provision in that behalf is made by or under an Act of the appropriate Legislature under this article, and any rules so made shall have effect subject to the provisions of any such Act. William Shakespeare had said “ If you have tears, prepare to shed them now.” Now, having been grossly aggrieved after grave suffering for thousands of silent, frustrated, depressed and anguished Superintendents of Central Excise, Customs and Service Tax, we would like to express the disillusionment, heartburn of such large people due to the malaise prevailing in the Superintendent of Central Excise, Customs and Service Tax cadre affecting their morale and work culture. The main cause of this state of deterioration is that in their entire service span of about 35 to 40 years the Superintendents of Customs, Central Excise and service Tax are getting just one promotion whereas, other officers like Examining Officers of Customs having joined in the same service and selected through the same all India combined competitive examination on merit and option basis conducted by the selection body i.e. Staff Selection Commission are getting 4 to 5 promotions in the similar duration of service. More condemnable is the reason that though the Preventive Officers of Customs, Central Excise Inspectors and Examining Officers of Customs having been selected through the same all India combined competitive annual examination on same qualification, merit and option conducted( for the same level Posts under Income tax, Customs and Central Excise etc, Services ) by the selection body i.e. Staff Selection Commission and appointed in the same Deptt./Service to the same level different Posts by nomenclature only in the Customs and Central Excise Service on the basis of merit & option, the Preventive Officers of Customs and Central Excise Inspectors (General, Scheduled Castes & Scheduled Tribe) are compelled to work under the said Examining officers of Customs who were (may be) having lower merit or selected through a later examination( upto 15 to 16 years afterwards) conducted by the selection body i.e. Staff Selection Commission. (Promotions are made as mere simple promotions and not on selection basis or selection post but to the Cadre Posts at different levels in the same Service) We have been fighting for justice as per Rule of Law and Constitution of India for the last over 27 years with no tangible results so far due to mala fide (because of the mala fide reasons known to the sufferers) acts of commissions & omissions by the officials sitting in the union of India. Not respecting Rule of Law, Equity, Justice, Dignity & Honour of the President of India and Constitution of India is in reality an act of betrayal and fervidity. Hon'ble Apex court in the case of Radhey Shyam Singh upheld that "Direct Recruitment" made on the basis of "Zonal Examination" taken by SSC is contrary to Fundamental Rights (Art. & 16) and thereby struck down the Zonal Examination System. As per such direction of Honourable Apex Court the examination on all India basis has been started since 1996. Para 10 of the same order wherein Hon'ble Apex Court observed that:- "10. The argument advanced by the learned counsel for the respondents that this process of zone-wise selection is in vogue since 1975 and has stood the test of time cannot be accepted for the simple reason that it was never challenged by anybody and was not subjected to judicial scrutiny at all. If on judicial scrutiny it cannot stand the test of reasonableness and constitutionality it cannot be allowed to continue and has to be struck down......................."
Unfortunately as per our experience, the top Bureaucracy in the Union of India are not guided and influenced by the Article 51 A – (a) & (h) of the Constitution of India and also have not risen to the call of duty , conscience and loyalty to the Government of India to safeguard and protect the spirit and dignity of the 14 Constitution of India except for once in the year 1999 when the then Director, DOPM (probably in the month of August) had made a self speaking elaborate noting in the file, to the best of our knowledge and information, that it is unfair , unjust and also unconstitutional to have separate Cadres of (a) Inspectors of Central Excise (b) Preventive Officers of Customs &( c) Examining Officers of Customs and also to have separate Cadres of (d) ) Superintendents of Central Excise (e) Superintendents of Customs (P) and ( f) Appraisers of Customs in the same Service & hence Cadres at a,b,c and at d,e,f should be merged as one single Cadre at each such level ( just as in the Income Tax Department ). Subsequently, after his transfer, however, no efforts were made though shown to have been made (with dilatory tactics, pre-planned motive & conclusions) without any tangible, legal, justified results so far as the CBEC is perceived to be working true to the proverb “ You pay your money & you take your choice” as it would be obvious from the factual deposition here under:
Present
Hierarchy of Posts: ( Posts for the 3 Cadres in question treated as Level I)
Level (I)
Group’B’ – Non Gazzetted :- (i)Inspector (Prev. Off. of Customs),
(ii)Inspector(Examining
Off. of Customs),
(iii)Inspector ( of Central Excise) All selected through the same
combined Competitive examination conducted by the Staff Selection Commission
Level(II)Group’B’ Gazzetted :- As Superintendent of Customs or Appraiser of Customs or Superintendent of Central Excise on promotion from the posts of (i)Inspector (Prev. Off. of Customs),(ii)Inspector(Examining Off. of Customs),(iii) Inspector ( of Central Excise)
Level(II)Group’B’ Gazzetted :- As Superintendent of Customs or Appraiser of Customs or Superintendent of Central Excise on promotion from the posts of (i)Inspector (Prev. Off. of Customs),(ii)Inspector(Examining Off. of Customs),(iii) Inspector ( of Central Excise)
Level(III) Group’A’ Asstt. Commr. of Customs & Central Excise on promotion from the posts of Superintendent of Customs or Appraiser of Customs or Superintendent of Central Excise ( As per their share of Quota in Group’A’)
Level(IV)Group’A’ Deputy Commr. of Customs & Central Excise on promotion from post of Group’A’ Asstt. Commr. Of Customs & Central Excise
Level(V) Group’A’ Joint Commr. of Customs & Central Excise on promotion from the post of Group’A’ Deputy Commr. Of Customs & Central Excise.
It is said that while framing, laws are derived from common sense and logic and while interpreting, laws are arrived from common sense and logic. Any wrong doing by the Bureaucracy and not correcting such wrongs by the Judiciary undermines the Rule of Law, Justice and the Honour & Dignity of the President of India and Constitution of India. The rule in conformity with the Law as well as the law as understood from the Constitution of India is that any person lower in rank and merit and selected through the same all India combined competitive annual examination conducted on the basis of same qualification, merit and option conducted( for the same level Posts under Income tax, Customs and central Excise etc, Services ) by the selection body i.e. Staff Selection Commission and having been appointed in the same Deptt./Service to the same level different Posts ( by nomenclature only) of the Preventive Officers of Customs, Central Excise Inspectors and Examining Officers of Customs in the Customs and central Excise Service on the basis of merit & option can ever become immediate superior to the other officer higher in rank and merit in the same all India combined competitive annual examination on same qualification, merit and option conducted( for the same level Posts under Income tax, Customs and central Excise etc, Services ) by the selection body i.e. Staff Selection Commission or selected by the later examination. But the situation in the CBEC is very astounding to move and shake the mind of any sensible person as under:
While the Inspectors of Central Excise of 1975 batch have not yet been promoted to Gr-A , the Preventive Officers of 1984 batch and Examining Officers of 1994 batch have been promoted to Gr-A. It is also so happened, while the Examiners of 1984 batch are at present Joint Commissioner, the 1975 batch Inspectors of Central Excise are still Superintendent by getting just one promotion in 39 years of service. Thus, by the wrong acts of the Union of India, the Superintendents of Central Excise (General, Scheduled Caste and Scheduled Tribe) selected and higher in merit or selected through examinations 19 years earlier are working as immediate juniors to such Examining Officers lower in the merit or selected through 19 years later examinations indicating no respect for the Rule of Law, Justice, Equity and Constitution of India.
The position
of stagnation in the cadre of
Superintendent Central Excise is so
horrible that 99% officers of this cadre are forced to retire after
getting one promotion in the service
career of 35-40 years while their common entry counterparts are getting 5/6
promotions attaining level of equivalent
cadre of Joint Secretary. The most of
the group ‘B’ gazetted officers in the Central as well as State governments are
promoted to a Senior Time Scale post while Central Excise Superintendents are
promoted (if any) merely to a Junior Time Scale post and they are also forced to work under their extreme
juniors of Customs belonging to
same cadre recruited through same examination in CBEC under same Department of
Revenue and same Ministry of Finance. .
It is required that the Recruitment
Rules should be framed without trifurcating the single
cadre at Inspector as well as Superintendent level prescribing the qualifying
services as below in consonance of OM No. AB-14017/61/2008-Estt.(RR) dt.
24.03.09 of DOPT which stipulates the promotion of Inspector
completing 12, 17 & 20 years of service to the grade of Joint Commissioner,
Additional Commissioner & Commissioner respectively. The validity of this OM was also admitted by CBEC during the
presentation of cadre restructuring proposal on 18.01.11
(i) 2 years for promotion to a post with a
grade pay of Rs. 4,800/- after joining as Inspector.
(ii) 7 years for promotion to a post with a
grade pay of Rs. 6,600/- after joining as Inspector (There is no justification
of promoting an officer from a grade pay of Rs. 5,400/- to 5,400/-. It is also
submit-worthy that the most of the group ‘B’ gazetted officers including CSS
are being promoted to a senior group ‘A’ post instead of junior group ‘A’ in
Central as well as State governments.).
(iii) 12 years for promotion to a post with a
grade pay of Rs. 7,600/- after joining as Inspector.
(iv) 17 years for promotion to a post with a
grade pay of Rs. 8,700/- after joining as Inspector.
(v) 20 years for promotion to a post with a
grade pay of Rs. 10,000/- after joining as Inspector.
(vi) and so on.
Keeping in view the extraordinarily acute
stagnation of the Central Excise executive officers, it is required to incorporate a
permanent provision in the RR’s at every level framed on the above lines
in addition to the above qualifying services to promote (even in-situ or otherwise) the officer automatically to the next
higher grade, if his/her stagnation in a grade reaches one & half times of
qualifying service. The
common entry counterparts of the cadre of Superintendent of Central
Excise are easily reaching PB4
levels (Addl. Commissioner/Commissioner & Director/Joint Secretary)
getting 5/6 promotions. 1994 Examiners as well as Inspectors of Income Tax have
long back entered group ‘A’ and 1997 Assistants have long back entered to
senior group ‘A’ while our Inspector of 1975 is still waiting even to enter the
junior group ‘A’. 1985 Assistant of Rajya Sabha Secretariat has long back been
promoted to the post of Director. This parity is very well possible by framing
the RR’s in the manner as requested in the preceding para or by adopting the
measures like time bound promotions/scales (grant of time scale to our
officers after every 7 years was also recommended by CBEC to 6th CPC .The promotional avenues available to
common counter parts of other departments vis- a -vis Inspector of Central Excise are furnished below:
PROMOTIONAL AVENUES OF
INSPECTOR OF CENTRAL EXCISE
(1) Inspector
(2) Superintendent
(3) Asstt. Commissioner-JTS (only around 1%)
{ONLY ONE PROMOTION}
PROMOTIONAL AVENUES OF
EXAMINER OF CUSTOMS
(1) Examiner
(2) Appraiser
(3) Asstt. Commissioner
(4) Deputy Commissioner
(5) Joint Commissioner
(6) Addl. Commissioner
{5 PROMOTIONS}
PROMOTIONAL AVENUES OF
INSPECTOR OF INCOME TAX
(1) Inspector
(2) Income Tax Officer
(3) Asstt. Commissioner
(4) Deputy Commissioner
(5) Joint Commissioner
(6) Addl. Commissioner
(7) Commissioner
{6 PROMOTIONS}
PROMOTIONAL AVENUES OF
ASSISTANT OF CSS
(1) Assistant
(2) Section Officer
(3) Under
Secretary (STS-equivalent
to 2 promotions)
(4) Deputy Secretary
(5) Director
(6) Joint Secretary
{EQUIVALENT TO 6
PROMOTIONS}
PROMOTIONAL AVENUES OF
ASSISTANT OF RAJYA SABHA SECRETARIAT
(1) Assistant
(2) Section Officer
(3) Under
Secretary (STS-equivalent
to 2 promotions)
(4) Deputy Secretary
(5) Director
(6) Joint Secretary
{EQUIVALENT TO 6 PROMOTIONS}
During the year 1978, Appraisers of Customs ( A.K. Chatterjee and others) filed
a writ petition before the Apex Court for the reason that some of
their counterparts from Central Excise Deptt. (Superintendent of Central
Excise) junior to them by 1 to 1 and half years in the Service have
been promoted ahead of them. They wanted that Recruitment Rules
should be framed & promotions from the feeder categories should be done on
the basis of length of service in the lower cadre. The Apex Court
directed to frame RRs. Accordingly as per direction of Apex
Court Govt. framed Indian Customs and Central Excise
(Gr-A) Recruitment Rules in 1987 based on length of service in the feeder
cadres ( i.e. to allow promotions to the post of AC a common seniority
list was required to be prepared amongst the three feeder
categories based on length of service ). This was challenged by then
AIFCEGEO ( now AIACEGEO) & then AIFCEEO( and now AICEIA)in SC
jointly under WP No 306/1988. While the matter was pending in SC for
decision ,the CBEC made a deceptive proposal dt. 08
-10-1988 in total disregard of the facts & distributed the Posts
within the Customs and Central Excise Service on the basis of the
Custom Service Posts and Central Excise Service Posts in entry level in
group A of Asstt. Commr.of Customs and Central Excise. Whereas, the fact is
that the Customs Service Group A and Central Excise Service Group A were
merged from 15th August 1959 into a single service of
Customs and Central Excise Service Group A. The Apex
Court vide WP No 306/1988 without any judicial determination
had accepted such proposal of CBEC and directed for 6.1.2 ratio for
promotion to Gr-A and accordingly the Gr-A RRs was amended during 1998.
The
Superintendents Customs ( Preventive) filed OA in CAT
Bombay and vide O.A. 489/1999
,the CAT directed in July 2001 to
consider the grievances of the Supdt, of Customs. Against such decision of CAT,
Appraisers of Customs filed Appeal before High Court
of Bombay and Bombay High Court sated
that CAT , Bombay is not having any jurisdiction in
passing orders of July 2001. Supdt. Of Customs filed an Appeal
against the orders of the Hon’ble Bombay High Court before the
Hon’ble Supreme Court of India. WP
No.385/2010 was filed by AIACEGEO (through Shri Vimal
Kumar ) before the Apex Court. The Hon’ble Supreme Court
of India vide Writ Petition (Civil) No. 385 of 2010 delivered the
following judgment by consensus :-
“We
have heard learned
counsel for the parties in Civil Appeal No. 1198
of 2005 and Writ Petition (Civil) No. 385 of 2010.
It has been brought to our notice that the Union
of India in terms of our previous order / directions dated
22nd November, 2010 and 06th December, 2010, has filed an
affidavit in Civil Appeal No. 1198 of 2005, inter alia, stating, that
it has
initiated the
process of reviewing
the Recruitment Rules, 1987 for promotion from Group 'B' posts to Group 'A'
posts. The entire scheme is being re-looked and worked out at the
departmental level in consultation with an expert body including the Department
of Personnel and the entire process is likely to be completed by 31st December,
2011.
In the aforesaid background, we deem
it proper and in the interest of all parties concerned to dispose of both the
Civil Appeal as also the Writ Petition without expressing any opinion on the
merits of the
impugned judgment or the writ petition but with the following
directions:
1.
All the 3 groups of officers in the feeder categories i.e. (i) Superintendents
of Central Excise; (ii) Superintendents of Customs (Preventive); and
(iii) Customs Appraisers, may make representations to
the Union of India suggesting
the changes which according to them should be made in
the Recruitment Rules for their promotion to Group-A post of Assistant
Commissioner (Central Excise & Customs).
2.
The Union of India shall duly consider all such representations including those
made before it in light of the subsequent development in the cadre
strength of the 3 feeder
categories of group-B services and amend/revise the
Recruitment Rules including altering the existing ratio
to secure just and fair representation of all the 3 feeder categories.
3.
Union of India shall try to complete the entire process by 31st December, 2011,
uninfluenced by any observations made in the previous judgment of this Court in
All India Federation of Central Excise vs. Union of India &Ors. [(1997) 1
SCC 520], in which the existing ratio was approved as also
the observations in the impugned judgment dated 19th
December, 2003 of the High Court in Writ Petition (Civil) No. 1324 of 2002 with
regard to the jurisdiction of the Central
Administrative Tribunal.
4.
Having perused one of the Office Orders (No. 51/2011 dated 18th
March, 2011), whereby some officers were promoted from Group 'B' to the grade
of Assistant Commissioner of Customs & Central Excise in the
Pay Band 3 with Grade Pay of Rs.5400/- on purely ad hoc
basis, we direct that all such ad hoc promotions shall abide by the final
decision to be taken by the Department in terms of this order”.
As per Apex
court decision dt.3.8.2011, CBEC in its board
meeting held on dt.16.9.2011
took the decision for preparation of
RRs by altering existing ratio for 3 feeder
cadres to 13:2:1 and also
decided to make regularization of all adhoc promotions pending since
97 in old ratio under the provisions of previous RRs. The
new RRs was notified on
13.9.2012. The prayer of CBEC for amendment of SC order dated 03.08.11 to
make regularisation of all adhoc promotions pending since 1997 in old ratio was
rejected by Apex Court on 30.3.2012. In the old Recruitment Rules , the
ratio of 6.1.2 was fixed very un scientifically and the same was not fixed
considering the sanctioned strength of three feeder categories for which during
the period of 1987 to 2011 one of the feeder categories namely Appraiser took the undue benefits in getting early
promotion than the seniors of other two feeder categories. The Recruitment
Rules are required to be framed to grant promotion on the basis of common
seniority list of feeder categories.
4. REGIONAL
DISPARITY IN PROMOTIONS.
The
post of Superintendents are filled from the Inspectors by promotion on the
basis of seniority cum fitness as per vacancy. Due to the stagnation in the
cadre of Superintendents, the vacancy mainly arises from superannuation and
creation of posts on regional basis. The vacancy arising out in a particular
region are filled in from the Inspectors of that particular region. As a result
some Inspectors are getting promotion after completion of 10 years of service
of a region whereas in another region it takes 20 years and thereby a regional
imbalance is existing amongst Inspectors though they were recruited through
same examination, having same qualifications and having discharge similar type
of duty. Due to the early promotion to the grade of Supdt. in a particular
region, the officer becomes pretty senior when his counterpart only gets his
promotion as Supdt. in another region. The pretty senior Supdt. due to his
service as Supdt. becomes eligible for promotion to Gr. “A”. After getting
promotion he joints as Gr.“A” Officer and becomes Controlling Officer of his
counterpart and even to his senior Colleague which is a great humiliation of the
Officer who was promoted late due to unavailability of vacancy. The Association
earnestly prayed to the 4th Pay Commission to remove the stagnation
but the said Pay Commission did not recommend about promotional avenues rather
left it to the respective department to frame healthy promotional policy. But
the Central Board of Excise & Customs did not at all bother to frame any
policy regarding promotion.
The
Gr. “B” Supdts. posts are all promotional posts from the rank of Inspectors.
The Central Board of Excise and Customs for its administrative convenience has
allowed to maintain seniority of the Inspectors State-wise whereas seniority of
Gr. “B” Supdts. is maintained on All India basis. On account of this dual
practice frequently it happens that Inspectors of different Commissionerate
belonging to different States may be subjected to great deal disparity in their
seniority a few years later than their entry into the department. In all
fairness THIS PRACTICE IS IRREGULAR, UNJUST AND ILLEGAL ALSO inasmuch as the
staff member of the same cadre passing through the same standard of examination
and serving under the same Board of Central Excise & Customs are getting
the similar treatment in regard to fixation of their seniority in the entry
grade and consequently in the promotional grade also.
Promotion
is an incentive to the working personnel. Hence, the policy of promotion should
be designed in such a manner so that an officer can expect his progress within
a schedule time frame. This principle is absolutely absent in Central Excise
deptt. on account of an internecine fallacy of mis-management by the
administrators in the APEX BODY OF CUSTOMS & CENTRAL EXCISE. Since
inception of this deptt. in thirties a series of unscientific, irregular and
unjustly mismanagement like amalgamated service in the Gr. “A” level and
bifurcated service in the Gr. “B” “C” and “D” category since 1959. In spite of
the facts that “Customs” and “Central Excise” services having LITTLE SIMILARITY
IN CERTAIN RESPECT BUT HAVING EXPLICIT DISSIMILARITIES in recruitment, service
condition, method and procedures of tax collection etc. had been kept under the
same board for years together. The board being always under the dominance of
Customs – biased bosses, the Central deptt. has always been neglected in
planning both in text pattern and man-management and manifested a dismal result
in all respect. Merger of Gr-“A” services has shut down the progress of Central
Excise employees. A large number of Supdt. of Central Excise are to work in
their own department under the control of Customs officers who are promoted and
posted as Assistant Collectors in Central Excise department . These officers
drawn from Customs department TO SUPERVISE THE WORK OF SUPERINTENDENTS OF
CENTRAL EXCISE who by the time with 25 years experience at credit are yet Gr.
“B” Supdts. of Central Excise department.
In
order to introduce a systematic and scientific policy of promotion both for the
Gr. “A” and “B” Executive Officers, the promotional scope for them is only
possible by increasing number of Gr. “A” posts. Secondly, out of the total
sanction of Gr “A” posts, 50% is going to the direct recruit Gr. “A” Officers.
The rest 50% is again being shared by the Customs(Sea) Officers. Hence, the
scope for promotion of Gr “B” officers to Gr “A” has become miserably narrowed.
To keep parity with the scientific management, the ratios between the Gr. “A”,
“B” and “C” should be meticulously fixed up, otherwise to ease stagnation in
one cadre may be futile by creating stagnation in the next higher promotional
cadre. This ration can be fixed by increasing more post in Gr. “A” entry cadre
by reducing percentage of direct recruitment from 50% to 25% and also by
reservation of percentage quota in all the Gr. “A” cadre from Assistant
Commissioner to Principal Chief
Commissioner.
6. BASE CADRE
PARITY/SENIORITY.
Great framers of the Constitution of India
while framing the Article 309 were under a wrong impression & expected that
the top Bureaucrats in free India would be unlike the Colonial Bureaucrats but
unfortunately , the attitude of the Bureaucrats, in general, has not changed
even now. Instead of showing due respect to the Rule of Law & Justice and
also instead of being loyal and faithful to the President of India and the
Constitution of India, they act in an awfully irresponsibly manner and
unbecoming attitude of the Union of India.
Therefore, this desperate attempt being made now to approach the Hon’ble 7th CPC to provide justice as per Rule of Law and the Constitution of India. Besides the issue highlighted above, there are other aspects to be looked into like discrimination in the prospects of promotions to officers joining at different levels in the Service Hierarchy that the Bureaucrats take away all the benefits for themselves depriving other lower Cadres of their legitimate rights and interests and Social status. In a Democracy, the legislature works with the commitment and motive “Maximum good of maximum People”. But Indian Bureaucrats work with the motive “all the good for self, self ego & power”. Therefore, it is all the more necessary and important that the legislature should act to restore and protect the Rule of Law, Justice and the Honour & Dignity of the President of India and Constitution of India.
Therefore, this desperate attempt being made now to approach the Hon’ble 7th CPC to provide justice as per Rule of Law and the Constitution of India. Besides the issue highlighted above, there are other aspects to be looked into like discrimination in the prospects of promotions to officers joining at different levels in the Service Hierarchy that the Bureaucrats take away all the benefits for themselves depriving other lower Cadres of their legitimate rights and interests and Social status. In a Democracy, the legislature works with the commitment and motive “Maximum good of maximum People”. But Indian Bureaucrats work with the motive “all the good for self, self ego & power”. Therefore, it is all the more necessary and important that the legislature should act to restore and protect the Rule of Law, Justice and the Honour & Dignity of the President of India and Constitution of India.
There appears to be no sincere effort by the Union of India and the CBEC(Central Board of Excise & Customs) so far to eliminate disparities in promotion and give employees of all the feeder grades of Group B officers, an equal opportunity for promotion to the Group A level as per the Constitution of India. With a sincere approach, the issue would have been settled over thirteen to fourteen years ago but for the irresponsible behaviour of the CBEC having no concern for the honour and dignity of the Constitution of India nor for the President of India. The CBEC officials instead shamefully fulfilled their selfish and personal interests. In Jurisprudence it is said “Justified law is derived from Common sense and lawful justice can be arrived from common sense.” As such, by sincere efforts and application of mind with unbiased approach it would be very easy to find a justified, lawful and Constitutional solution to the unreasonably created and unreasonably long pending issue. One should discard the approach like the dog to be faithful to someone who feeds the bone. Without prejudice, bias and favour, it is to submit:-
The Preventive Officers of Customs, Examining Officers of Customs and Inspectors of Central Excise are selected and appointed on the basis of merit and option in the Combined Competitive Examination conducted by a Statutory body i.e. staff Selection Commission. All the three class of Officers are appointed to different Cadres in the same Department/Service in the different Custom Houses and Central Excise Commissionerates in the same level of grade, pay, salary etc. at the time of initial appointment. Having been so appointed, they are all of the comparable class. Similarly, the Direct Recruit Appraisers are appointed at higher grade Post and Cadre on the basis of different Examination conducted by a Statutory body i.e. Union Public service Commission and as such form a separate and different class and are un-comparable to all the three comparable Cadres of Preventive Officers of Customs, Examining Officers of Customs and Inspectors of Central Excise. Preventive Officers of Customs, Examining Officers of Customs and Inspectors of Central Excise are thereafter promoted to the Higher cadre Posts made available in the same Commissionerates one had joined initially. This Policy of having restrained the promotion prospects and keeping promotion Posts confined to the same Commissionerates for officers on initial appointments, amounts to be “ The Policy of Reservation”, while there is no scope for such Policy of Reservation under the Constitution of India. Under Article 16(4) & 16(4A) of the Constitution of India, there is provision for the Schedule Caste /Schedule Tribe only. Having deprived the senior, eligible officers by such a Policy as above in the matters of promotion is an act, not only unjust and unfair but also illegal and unconstitutional . Even otherwise, while interpreting Article 16(4) the Hon’ble Supreme Court of India has held in the matters of policy of Reservation that when a senior gets promoted later on, he regains his seniority on promotion compared to the other officer from the Reserved category who got promotion earlier because of reservation. This position was later on changed by amendments as under Article 16(4A). There is no such provision in the Constitution of India to make rules whereby some get benefitted unduly/ illegally at the cost of others. However, if such situation happens it can and should be rectified immediately in the interest of justice and rule of Law. The principles as laid down in the cases of (i) Union of India versus Virpal Singh dt 30-01-1997); (ii) All India Station Masters Association versus General Manager Central Railway AIR 1962 SC 284 ,(iii) High Court, Calcutta versus AnilKumar Rao AIR 1962 SC 1704, 1963 (1) SCR 437,(iv) Ajit Singh Vrs State of Punjab and (v) by a 9 Judge Bench in Indra Sawhney Vrs Union of India (1992) 3 SCC217 para 845 ; AIR 1993 SC 477 are:
“Inequality of such opportunity for promotion as between citizens holding different posts in the same grade may, therefore, be an infringement of Art.16 of the Constitution of India.”
“Equality of opportunity in the matter of
promotion means that all employees holding posts in the same grade shall be
equally eligible for being considered in the merit for appointment to the
higher grade.”
“There would be no discrimination and there is no violation of Art. 14 & 16 (1) of the Constitution of India where the Quota Rule of recruitment has no connection with the rule of seniority”.
“Even if Schedule Caste/Schedule Tribe candidate is promoted earlier by virtue of rule of reservation/roster than his senior general candidate and the senior general candidate is promoted later to the said higher grade, the general candidate regains his seniority over such earlier promoted Schedule Caste/ Schedule Tribe Candidate. The earlier promotion of the Schedule Caste/Schedule tribe candidate in such a situation does not confer upon him seniority over the general candidate even though the general candidate is promoted later to that category.”
Consequent to this decision of the Apex Court,
Art.16 (4A) was inserted by Constitutional Amendments in 1995 and further
Constitutional Amendment in the year 2001 to reverse the above decision of the
Supreme Court. However, as such, the benefit as mentioned therein is available
to Schedule Caste/ Schedule Tribe candidates over general candidates only and
not for general over general or Schedule Caste over Schedule Caste or Schedule
Tribe over Schedule Tribe.
Thus, no special treatment except as provided under Art. 16(4) &16 (4A) of the Constitution of India can be given to any citizen who are otherwise comparable and form a class. Further, Promotion being a fortuitous situation does not confer any right to such Post or seniority.
Thus, no special treatment except as provided under Art. 16(4) &16 (4A) of the Constitution of India can be given to any citizen who are otherwise comparable and form a class. Further, Promotion being a fortuitous situation does not confer any right to such Post or seniority.
The Inspectors of Central Excise, Prev. Officers and Examiners of Customs form a same class and Appraisers of Customs form a separate class. Govt. of India had taken a conscious decision, though not implemented for whatever reasons, by a circular on October 29 1982 (based on the principle that depending on the source of recruitment as such, the seniority among Direct Recruit Appraisers is a comparative seniority and similarly among Promottee Appraisers is also a comparative seniority and both of them being a different class) that the direct recruits and the Promottee Appraisers would be brought on two different lists on All India Service basis and the promotional posts of Assistant Collector of Customs/Central Excise falling in the share of Appraisers will be divided equally between the direct recruits and the promotees. The circular inter alia provided that Promottee Appraisers of all the Custom Houses could be brought on one list on the basis of their continuous length of Service, subject to the order on which they were included in the panel prepared by the Departmental Promotion Committees in the respective Custom Houses. Further, it was provided that the vacancies in the Group A meant for Appraisers would be filled up from the two panels, i.e. one meant for direct recruits and the other for the Promotee Appraisers in the ratio of 1:1, alternative vacancies going to the promotee and direct recruits.
This decision was taken based on the rule that
promotion being a fortuitous act does not confer any right to a post or to
seniority but since the Direct Recruits and Promotee Appraisers are considered
together for promotion even then relative seniority cab also be dispensed with.
The recruitment rule provides for percent of Direct and Promotee posts only and
if required they can be separated and kept on different footings for further
promotions. The Inspectors namely, (a) The Preventive Officers of Customs,(b)
Examining Officers of Customs and (c) Inspectors of Central Excise are
comparables and non-detachable as the source of their recruitment to such Posts
and appointment thereof is made from a single combined competitive examination
conducted by the Staff Selection Commission.
Whatever happens , the basic Principle of Rule of Law as also under the Constitution of India is that everything else being same, any person lower in merit in the same exam or selected through the later examination cannot become immediate superior to such other person having been higher in the merit list in the same exam or selected through an earlier examination conducted by the same recruitment authority such as Staff selection Commission. ( This being applicable for General Vrs General, Schedule Caste Vrs schedule Caste and Schedule Tribe Vrs Schedule Tribe ).
Thus, Base Cadre Seniority for the purpose of promotion, as per the present disposition, to the post of Asstt. Commr. Of Customs and Central Excise is the justified means among The Preventive Officers of Customs, Examining Officers of Customs and Inspectors of Central Excise. The Direct Recruit Appraisers being different class and differentiable from The Preventive Officers of Customs, Examining Officers of Customs and Inspectors of Central Excise can be treated differently as per the decision of 1982 of the Govt.
Whatever happens , the basic Principle of Rule of Law as also under the Constitution of India is that everything else being same, any person lower in merit in the same exam or selected through the later examination cannot become immediate superior to such other person having been higher in the merit list in the same exam or selected through an earlier examination conducted by the same recruitment authority such as Staff selection Commission. ( This being applicable for General Vrs General, Schedule Caste Vrs schedule Caste and Schedule Tribe Vrs Schedule Tribe ).
Thus, Base Cadre Seniority for the purpose of promotion, as per the present disposition, to the post of Asstt. Commr. Of Customs and Central Excise is the justified means among The Preventive Officers of Customs, Examining Officers of Customs and Inspectors of Central Excise. The Direct Recruit Appraisers being different class and differentiable from The Preventive Officers of Customs, Examining Officers of Customs and Inspectors of Central Excise can be treated differently as per the decision of 1982 of the Govt.
1.
NOT CONDUCTING OF DPC BY CBEC IN TIME TO GRANT PROMOTIONS:.
It is very
unfortunate that being a
Central Government Department, the Central Board of Excise and Customs does not
implement the guidelines of DOPT to grant promotions to the grade of Asst.
Commissioner. OM No. 22011/9/98-Estt. (D) dated
08.09.1998 of DOPT(Govt. of India), interalia
provides that “the DPCs should
be convened at regular annual intervals to draw panels which could be utilized
on making promotions against the vacancies occurring during the course of a year. For this purpose it
is essential for the concerned appointing authorities to initiate action to
fill up the existing as well as anticipated vacancies well in advance of the
expiry of the previous panel by collecting relevant documents for placing
before the DPC. DPCs could be convened every year if necessary on a fixed date.
The Department should lay down a time schedule for holding DPCs under their
control and after laying down such a schedule the same should be monitored by
making one of their officers responsible for keeping a watch over the various
cadre authorities to ensure that they are held regularly. Holding of DPC
meetings need not be delayed or postponed on the ground that Recruitment Rules
for a post are being reviewed / amended. A vacancy shall be filled in
accordance with the Recruitment Rules in force on the date of vacancy. Very
often, action for holding DPC meeting is initiated after a vacancy has arisen .
This results in undue delay in the filling up of the vacancy causing
dissatisfaction among those who are eligible for promotion. It may be ensured
that regular meetings of DPC are held every year for each category of posts so
that an approved select panel is available in advance for making promotions
against vacancies arising over a year. No proposal for holding at DPC should be
sent to UPSC until and
unless all the ACRs complete and
up to date are available . In certain cases involving collection of large
number of ACRs, the proposal can be sent only if at least 90% of the ACRs are
available”. The Central
Board of Excise and Customs does not implement such OM to grant promotion to
the grade of Assistant Commissioner. In
several occasions DOPT has instructed that “all
departments should take action to fill up the posts in good time before
vacancies actually occur”. It has also
been stipulated by DOPT that
in case where there is unjustifiable delay, responsibility for the delay should
be assigned and those responsible should be suitably dealt with.
2.
The
Adhoc promotions pending since 1997 have not yet been regularized by CBEC. The
CBEC is not having up to date dossiers of ACRs/APARs to grant promotion on time
bound manner. The CBEC does not issue eligibility lists as per DOPT guidelines
to grant promotions.
SUGGESTIONS:
1.
INTRODUCTION OF FLEXIBLE
PROMOTIONAL / COMPLEMENTING SCHEME.
The problem of acute stagnation as existed in
the cadre of Superintendent of Central Excise can be solved if a flexible
promotional scheme is being introduced
in the cadre of Superintendent of Central Excise, Customs and Service Tax . as
per the recommendation of IV CPC the flexible promotional scheme was introduced
in the Department of Science and Technology. The V CPC vide chapter 54 of its
report had made a number of
recommendations for modification of such Scheme. The DOPT vide Notification No.
2/41/97-Plc, dated 9.11.98 had made the regulation of in situ promotion under
such Flexible Promotional Scheme. These have been further reviewed by DOPT
in the light of 6th CPC recommendations and modified Flexible
Complementing Scheme guide lines issued in OM No. AB/4017/37/2008-Esst(R)
dated 10.09.10. FCS and MACP both are also applicable simultaneously.
Therefore , we request the Honourable 7th CPC may be pleased to recommend for
introduction of a Flexible promotional/ complementing scheme on
completion of qualifying years of service in each and every grade as prescribed
by DOPT under OM dated 24.03.2009 in the cadre of Superintendent of Central
Excise, Customs and Service Tax..
2.
Batch to batch Non Functional Upgradation to
the Central Excise Executive officers at par with the counterparts of CSS.
All the
organised group ‘A’ officers recruited with IAS, the best placed group ‘A’
service, in the same pay scale through common entry examination conducted by
UPSC have been granted financial parity with the counterparts of IAS. They have
been granted non-functional up-gradation vide
DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 to compensate the lack of
promotions as compared to IAS. . As far
as the group ‘B’ officers are concerned, 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
are recruited in a common scale of pay through
common entry examination conducted by SSC. The officers recruited
as Assistant (Group-B, Non Gazetted) in the Ministries get the benefit of
promotions upto the Joint Secretary level, i.e., i) SO with GP of Rs.5400/- in
PB3 after 4 years of service, ii) US (Grade-I) with GP of Rs.6600/-, iii) DS
with GP of Rs. 7600/-, iv) Director with GP of Rs. 8700/- in PB-4 and v) JS
with GP of Rs. 10000/-. However, their counterpart Inspectors of Central Excise
in CBEC recruited as Group-B (Non Gazetted) through the same All India
competitive examination get only one promotion in 35/40 years of service
career. The Assistants/Section Officers are working in the headquarters offices
on policy making seats whereas the Inspectors/Superintendents of Central Excise
are working on more important seats of revenue collection in the field
formations. Despite of working on more important seats, the
Inspectors/Superintendents of Central Excise are not treated at par with the
counterparts of CSS. These CSS counterparts are retiring 4-5 grades above the
officers recruited as the Inspector of Central Excise. On account of this, the
CSS counterparts are getting 60% more pay than the officers recruited as
Inspector of Central Excise. Even the pension of CSS counterparts is more than
the salary of the officers recruited as Inspector of Central Excise. The
Inspectors of Central Excise are recruited in PB2 and also retire on a PB2 post
of Superintendent barring around 1% while all of their common entry
counterparts of CSS easily reach PB4 levels after being recruited with them in
PB2 through the same examination with same eligible conditions. 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
in each & every matter. The group ‘A’ officers in the
Ministries are selected under Central Staffing Scheme on deputation basis from
organized Group ‘A’ Services or from CSS officers being promoted from the post
of Assistant/Section Officer but no such opportunity is available for the
Inspectors/Superintendents of Central Excise who are not only looking after the
work relating to collection of Central Excise duty but also
looking after the work of collection of
Customs duty (including Inland Air Travel Tax and Foreign Travel (Tax) and
Service Tax. Needless to submit that they are already earning the major portion
of the govt. revenues. It is also worth to submit that the Govt. of India has
regularly been earning the revenue far ahead of the revenue targets in r/o of
Central Excise duty, Customs duty and Service Tax particularly due to the
efficient, committed & effective efforts of the workforce in the form of
Central Excise Inspectors/Superintendents.
Above facts very well
manifest the injustice meted out to officers recruited as Central Excise
Inspector despite of the most important work of revenue collection being done
by them for govt. During this course, they have been facing every threat
including life & person of them as well as their families by the hard core
criminals, smugglers and white collared criminals alongwith tremendous
administrative pressures. Thus, the officers recruited as the Inspector of
Central Excise deserve a far better treatment in every aspect including pay,
perks and career prospects. The grant of the non-functional upgradation on
batch to batch basis in the grade of common entry counterparts of CSS on the
lines of granting the non-functional upgradation to all Group ‘A’ officers at
par with IAS may really be a solace for these hard working Central Excise
officers.
The Central Excise
Superintendents have been facing continuous acute stagnation for
decades. Out of more than 11500 Central Excise Superintendents,
around 10000 are already eligible for promotion to group ‘A’ having rendered
more qualifying service than required for promotion.
As far as the importance of the responsibilities is
concerned, the Superintendents are discharging all functions relating to
assessment, investigation & intelligence, issuance of Show Cause Notices
with the powers of adjudication. They have not only been conferred with the
judicial powers in the matter of adjudication but 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. No such powers have been conferred to
the CSS officers or any other counterparts of Central Excise
Superintendents/Inspectors. It is also important to mention that the judicial
officers are not only already being highly paid with extra perks but also
treated in a far better way in the matter of career prospects than our
Superintendents in our country. Though the Central Excise Superintendents are
performing more responsible work functions as compared to other common entry
counterparts, yet they are facing the worst career prospects instead of being
given better treatment. This injustice is being faced by them despite of being
the ‘backbone of the government revenue’ on account of being the major revenue
collectors for the government in the form of Central Excise duty, Customs duty
and Service Tax and also GST in the forthcoming times. In the actual terms,
they are the ‘backbone of the government’ on account of being responsible to
earn the finance for the government. But very unfortunately, they are being
totally ignored in every matter.
In view of above, it
is requested that the Honourable 7th
CPC may be pleased to recommend that the officers recruited as
Inspector/Superintendent of Central Excise are required to be granted at least non-functional
upgradation at par with their counterparts of CSS on batch to batch basis since
their initial joining in group B enabling them to retire in PB4 like their
counterparts too.
3.
Promotion of Group ‘B’
Gazetted Executive Officers directly to STS like CSS etc.: The
most of group ‘B’ gazetted officers in the Central as well as State governments
are being promoted to a senior group ‘A’ post including CSS, CPWD etc. while
Central Excise Superintendents are being promoted (if any) merely to a junior
group ‘A’ post. Hence it is requested that honourable 7th CPC
may be pleased to recommend for promotion of Superintendents of Central
excise directly to a senior group ‘A’ post (STS).
4.
Promoting all the Superintendents who have
completed 1.5 times of qualifying service on the lines of CSS: During the year 1999, all Section Officers completing 1.5
times of qualifying service were promoted on ‘in-situ basis’ to the senior
group ‘A’ post of Under Secretary for removal of their stagnation. Keeping in
view the extraordinarily acute stagnation of the Central Excise
Superintendents, all Superintendents completing 1.5 times of qualifying service
may also kindly be promoted either on regular basis or in-situ basis. It is
worth to submit that all of such officers are already drawing the salary of the
higher post/s. It will, thus, require no expenditure. No posts/vacancies will
also be required for in-situ promotions. Therefore it is requested that Hon’able
7th CPC may be pleased to recommend to allow promotions to all
the Superintendents who have completed 1.5 times of qualifying service on the
lines of CSS.
5.
It is also suggested
that the Hon’able 7th CPC may be pleased to recommend for (a)
enhancement of percentage of promotion quota from 50% to 75% in Gr-A
Recruitment Rules,& (b) removal of base cadre disparity as well as regional
disparity in promotions with a provision for preparation of common seniority
list in feeder categories to grant promotions to the grade of Asst. Commissioner.
IV PART. MACP FOR THE CADRE OF SUPERINTENDENT OF
CENTRAL EXCISE -AN UNSETTLED ISSUE OF SIXTH PAY COMMISSION RECOMMENDATION.
65 ………………10%
70 ………………20%
75 ………………30%
80 ………………40%
85 ………………50%
90 ………………60%
95 ………………80%
100 ……………100%
6. MERGER OF DA.
IV PART. MACP FOR THE CADRE OF SUPERINTENDENT OF
CENTRAL EXCISE -AN UNSETTLED ISSUE OF SIXTH PAY COMMISSION RECOMMENDATION.
MACP
is said to be the abbreviation of Modified Assured Career Progression Scheme,
but the Superintendents of Central Excise feel that it is Meaningless
Assured Career Progression Scheme. The main objective of introducing ACP scheme
was to grant financial benefits for the govt servants, those who are not
getting promotions due to lack of promotional avenues. Before the introduction
of ACP scheme in 1999, many Superintendents of central excise retired
from service without getting promotion to AC .Upon introduction of
ACP scheme, direct recruit Inspectors of central excise were
granted two financial up gradation on the completion of 12 years and 24 years
of regular service respectively in the same post. According to the ACP Scheme,
the central government employees were to be granted next higher pay scale of
their Promotional Hierarchy as financial up gradation under ACP Scheme. So the
pay equivalent to the promotional post had been ensured under ACP scheme for
the government servants after completion of 12 and 24 years of regular service
if they were not granted regular promotion. Many Inspectors of central
excise were benefited by this scheme where there were no promotional avenues
available for them. The Sixth CPC recommendation on ACP scheme and government’s
decision gave all the central government employees surprise and shock both. The
Sixth Central Pay Commission in Para 6.1.15of its report, has recommended
Modified Assured Career Progression Scheme (MACPS). As per the recommendations,
financial up gradation would be available in the next higher grade pay whenever
an employee has completed 12 years continuous service in the same grade.
However, not more than two financial upgradations shall be given in the entire
career, as was provided in the previous ACP Scheme. The Scheme was also be available to all posts belonging to
Group “A” whether isolated or not. However, organised Group “A” services
were not
covered under the Scheme. The Government has considered the
recommendations of the Sixth Central Pay Commission for introduction of a MACPS
and has accepted the same with further modification to grant three financial
upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous
regular service. The surprise was that, government’s consideration for
modifying the ACP scheme to grant three financial up gradation for central
government employees on completion of 10,20 and 30 years of regular service,
but its decision to grant immediate next higher Grade Pay in the hierarchy of
Grade Pay instead of Promotional Hierarchy is the shock for everyone. The MACP
Scheme envisages merely placement in the immediate next higher Grade Pay in the
hierarchy of the recommended revised Pay Bands and Grade Pay. For example, if a
govt servant appointed as LDC in the grade pay of Rs.1900/-, he will be granted
Rs.2000/- Grade Pay as first MACP after completing 10 years of regular service
though this Grade Pay is not in the promotional hierarchy of the individual
concerned. Whereas the first financial up gradation to be granted under ACP
Scheme was to be Rs. 2400/- Grade Pay on
completion of 12 years of regular service as ACP was granted on the basis of
promotional hierarchy. As a result of this the Modified ACP Scheme has not
served the purpose that it was supposed to. So the Modified Assured Career
progression Scheme needs to be modified again. The financial up gradation has
to be granted on the basis of Promotional Hierarchy of posts instead of
hierarchy of Grade Pay. The Staff Side of National Anomaly committee also
reiterated their demand in the last meeting of the Joint Committee of MACP
Scheme held on 15.03.2011 under the Chairpersonship of the Joint Secretary (Estt),
DOPT that the financial up-gradations under the MACP Scheme should be granted
in the promotional hierarchy of posts instead of the Grade Pay hierarchy. The
Staff Side stated that the erstwhile ACP Scheme was implemented on the
recommendations of the 5th CPC and, as such, has become a part of the service
conditions of the employees. The Staff Side, therefore, contended that the
Government cannot impose the MACP Scheme thereby altering the service
conditions to the detriment of the employees. In this regard the Judgment of
Hon’ble Central Administrative Tribunal, Chandigarh has been upheld by the
Honble High Court of Punjab and Haryana at Chandigarh. In a separate case filed
in CAT, Principle Bench, New Delhi, to grant next promotional Grade Pay under MACP
Scheme, the Honble CAT gave its Judgment in favour of applicants based on the
judgments of above cases. The appeal filed by the Government against the
judgment of Honble High Court of Punjab and Haryana has been dismissed by the
Hon’ble Supreme Court. We have demanded the Central Government to issue
necessary instructions for granting financial up gradation under MACP scheme on
Promotional hierarchy as per the Court Order. It was required for the government to come forward to issue
the necessary order to grant financial up gradation under MACP scheme in
Promotional hierarchy to make this scheme serve its purpose and avoid
confusion. We have also demanded to
scrap the para 8.1 of the MACP circular and also not to consider granting of
time scale/non functional grade pay to upset one upgradation under
MACP. At the cost of repetition it is to state that the
upgradations under MACP Scheme are being given in the hierarchy of Grade Pays
instead of promotional hierarchy. There were no such provisions in the original
ACP Scheme. A lot of confusion was created after the introduction of the
Grade Pay structure establishing two distinct hierarchies, promotional and
Grade Pay. Promotional hierarchy is also varying department to department.
Somewhere Group ‘B’ Gazetted Officers are promoted merely to a post carrying a
Grade Pay of Rs. 5400/- in PB3 whereas they are being promoted to a post
carrying a Grade Pay of Rs. 6600/- at other places. Like it, somewhere Group
‘B’ Non-Gazetted Officers are promoted to a post carrying a Grade Pay of Rs.
5400/- in PB3 whereas they are being promoted to a post carrying a Grade Pay of
Rs. 4800/- or Rs. 4600/- at other places. Somewhere Group ‘B’ Gazetted Officers
are placed in a Grade Pay of Rs. 4600/- whereas in Rs. 4800/- and also Rs.
5400/- in PB2 or PB3 at other places. Somewhere promotional hierarchy is
460066008700, somewhere 46004800660076008700 and somewhere it is
460048005400660076008700. Some Group ‘B’ Gazetted Officers have been
granted the time scale in PB2 and others in PB3. Due to varying promotional
hierarchies, some officers got a Grade Pay of Rs. 7600/- and some Rs. 6600/- on
IIIrd MACP upgradation. The worst hit category is the Central Excise
Superintendents who are now able to get only a grade pay of Rs. 5400/- after 30
years or more service which they were able to get only after 24 years of
service under ACPS. So, the promotional hierarchy after entry into group
‘B’ is required to be made uniform for the sake of justice to all. The posts
under the grade pays of Rs. 5400/- & 6600/- and also Rs. 7600/- &
8700/- being functionally same, the ideal promotional hierarchy for all after
entry into Group ‘B’ seems only to be 46006600870010000. The officers should
also be granted the MACP upgradation under this ideal hierarchy of
46006600870010000 without offsetting the MACP upgradation with the
time scale/non functional grade pay. This will give justice to all without
any discrimination or disparity. The source of MACPS being one and the same,
i.e., common recommendations of the 6th CPC, it is also worth
to mention that the State governments like Uttar Pradesh etc. have not offset
the MACP upgradation with the time scale. The offsetting of MACP upgradation
with the time scale was also not recommended by the 6th CPC but, very
unfortunately, the Government offset the MACP upgradation with the time scale
against the recommendations of the Commission. In order to rectify the above
said discrepancy, a number of employees approached the legal courts
and succeeded. The Hon’ble
Supreme Court has also decided that the MACP upgradation shouldn’t be offset
with time scale and also the MACP upgradation should be granted in promotional hierarchy.
Inspectors and Superintendents of Central Excise Department have been suffering
with extraordinarily acute stagnation for decades. There are many who didn't
get any promotion for more than 25 years and they are retiring with single
promotion on a PB2 post in the career of 35-40 years while their common entry
counterparts are easily entering into PB4 with 5-6 promotions after entry into
PB2 post. It is also worth to mention that the Central Excise Superintendents
& Inspectors are forced to work under their extreme juniors of Customs
belonging to one & the same cadre of Inspector and recruited through one
& the same process under one & the same organization of CBEC in one
& the same department of Revenue of one & the same Ministry of Finance.
This discrimination is required to be undone immediately. The parity is
the basic concept of our Constitution and the parity in promotions is required
to be maintained amongst the similarly placed employees but the Government of
India have not initiated any action to maintain parity in promotions as well as
pay packages amongst the Group ‘B’ Gazetted
Officers. The group ‘A’ officers have already been granted financial
parity by the Government of India by the grant of non-functional financial
upgradation to other group ‘A’ officers at par with the counterparts of
IAS. The grant of the batch to batch non-functional financial
upgradation after entry into group ‘B’ is also the immediate need of the time
for all group ‘B’ officers to bring them at par at least financially with the
best placed group ‘B’ counterparts like CSS etc. The Inspectors
and Superintendents of Central Excise are being discriminated despite of
collecting the major portion of Government revenues and are not being awarded
due career prospects as well as appropriate pay packages.
The 6th CPC introduced the MACPS to modify
ACPS. No need to say that anything is always modified to grant more benefit to
the stake holders. But MACPS proved to be harmful for the employees as the
upgradations granted under MACPS were not in accordance to the ‘Promotional
Hierarchy’ and one MACP upgradation was offset with the time scale. On account
of following the ‘Grade Pay Hierarchy’, the employees got the benefit of Rs.
200/- only (at the time of upgradation to Rs. 4800/- from Rs. 4600/-) or
Rs. nil (at the time of upgradation to Rs. 5400/- in PB3 from
Rs. 5400/- in PB2). Finally, one could say that MACPS earned the anomaly of
being dragged to the legal courts on the most number of times. The Hon’ble
Supreme Court of India vide SLP No. 7467/2013 filed by the
Government against the judgement of the Hon’ble High Court of Chandigarh
in CWP No. 19387/2011 has already confirmed the order dated 31.05.2011 of
Chandigarh CAT for grant of financial upgradation in the promotional hierarchy
under MACPS. Para 8.1 is not in consonance to the verdict given by the Hon’ble
Supreme Court and is liable to be scrapped w.e.f. its initiation. The offset of
the MACP upgradation is also liable to be scrapped w.e.f. its initiation as per
the verdict given by the Hon’ble Supreme Court in the case of Delhi Nurses
Union (Regd.) Vs. U.O.I. and also by the Hon’ble CAT of Ernakulam in the case
of Sh. N.K. Gopinatham Vs. U.O.I. The MACPS is totally unable
to fulfill the basic purpose of grant of financial upgradations to counter
stagnation due to the lack of promotional avenues.
There should be the provisions to allow
minimum actual 5 promotions on functional basis to Group ‘B’ Gazetted
Officers after entry into group ‘B’ like the Group ‘A’ officers in time
bound manner or on completion of standard residency periods prescribed by the
DOPT. The Time bound promotion scheme should be introduced in all departments
particularly including Central Excise Department. If 5 functional promotions are
not possible, there should be the provisions of 5 in situ promotions in
the functional promotion hierarchy in a time bound manner. The MACPS is
required to be continued in the form of in situ promotional scheme (higher pay
scales with higher designation) based on ideal functional and uniform hierarchy
of 46006600870010000 to motivate personnel especially in Central Excise
and Customs Department where normal promotional avenues are
extraordinarily bleak. There must also be the provisions for stepping-up
of the pay of seniors at par with the juniors who are elevated on account of
ACPS/MACPS in conformity with the decision of Hon’able Apex Court in Ashoke
Kumar case. The problem of acute
stagnation as existed in the cadre of Superintendent of Central Excise can be
solved if a flexible promotional scheme
is being introduced in the cadre of Superintendent of Central Excise,
Customs and Service Tax . As per the recommendation of IV CPC the flexible
promotional scheme was introduced in the Department of Science and Technology.
The V CPC vide chapter 54 of its report
had made a number of recommendations for modification of such Scheme.
The DOPT vide Notification No. 2/41/97-Plc, dated 9.11.98 had made the
regulation of in situ promotion under such Flexible Promotional Scheme. These have
been further reviewed by DOPT in the light of 6th CPC recommendations and
modified Flexible Complementing Scheme guide lines issued in OM No.
AB/4017/37/2008-Esst(R) dated 10.09.10. FCS and MACP both are also applicable
simultaneously.
CONCLUSION:
Therefore
, we suggest that the Honourable 7th CPC may be pleased to recommend for introduction
of a Flexible promotional/ complementing scheme in the cadre of Superintendent of Central
Excise , Customs and Service Tax on completion of qualifying years of service
in each and every grade as prescribed by DOPT under OM dated 24.03.2009 for
granting of at least 5 in –situ promotions in the entire service career of each
and every Superintendent of Central Excise, Customs and Service Tax in the promotional hierarchy.
VTH PART: DATE OF EFFECT, MERGER OF DA,
CALCULATION OF DA & INTERIM RELEIF;
1. DATE OF EFFECT:
Date of effect of implementation of 7th
CPC: The recommendations of the CPC are at present
being implemented in a period of 10 years. But wage revision for employees /
workers of various central public
sector undertaking is done in 5 years duration. As such it is requested that the recommendations of
the VII CPC be made applicable to the employees as well as pensioners with effect from
01-01-2014, at least after a period of 8 years. Moreover the percentage of DA
as on 01.01.2014 was 100%, therefore the recommendations of 7th CPC
should be effective from 1.01.2014
CONCLUSION:
We suggest that Honourable 7th
CPC may kindly be pleased to recommend for implementation of their
recommendations w.e.f. 01.01.2014.
2.
MERGER OF DA .
Honhle 7th Pay Commission may kindly appreciate that the
Dearness Allowance (D.A.) has become 100% of pay w.e.f. 01/01/2014. The DA was 50% as on 01.01.2011. This scenario
was never anticipated by the 6th CPC. It may however be appreciated that in the
past, the Government had merged DA with pay when it crossed 50% (In the year
2004). It was the well considered suggestion of V CPC that whenever DA
exceeded 50%, it should be merged
with basic Pay. Now the DA has exceeded 50% from 01-01-2011 and 100% from 01-01-2014.
CONCLUSION:
We
suggest that Honourable 7th
CPC may kindly recommend that 50% DA be
merged with basic Pay retrospectively from 01-01-2011 and the consequential arrears may be disbursed to the employees.
3.
Interim Relief:
We suggest that Honourable 7th Pay Commission may recommend 25% of basic
pay/ pension as Interim Relief to all
the employees.
4. DA
CALCULATION:
A rational methodology
for computing DA is to be
evolved, and the periodicity changed to quarterly from the present half yearly. The system of computation of Consumer
Price Index (CPI)
should be reviewed as the present index is causing heavy financial loss to the
employees. At present DA is given to the employees half yearly taking into account the average consumer price
index for 12 months. It is claimed that full neutralization of the cost of living is effected in
granting the DA. The claim dose not stands the scrutiny of the contemporary economic
stratification. For example, on 01-01-2006, i.e, at the time of implementation of VIth Pay
Commission the DA was nil. Now on 01-01-2014 after giving full neutralization the DA has
arrived at 100%. The conclusion is that the cost of index based on the present methodology
of calculation has only doubled. But the reality is that the cost of essential commodities
has spiraled manifold. Hence a rational methodology for computing DA is to be evolved, and the
periodicity changed to quarterly from the present half yearly.
VI PART:PENSION:
The standing committee of
Parliament on social justice and empowerment have recently stated that at present the life
expectancy stands at 76 years now. Therefore, restoration of pension for
employees those joined on or after 2004 is not only required but also it is
essential to provide more retirement benefits including pension to all the
Central Government employees. New Pension Scheme
is required to be withdrawn and newly recruited employees of Central
Government on or after 1.1.2004 be covered under Old Pension Scheme.
1. ‘One Rank, One Pension’:
The Central Excise
Department has the same structural features, same command & control
elements as in Defence forces. The Central Excise executive officers also serve
under similar harsh service conditions as the Army. In spite of the
similarities in the duties performed by the Central Excise personnel and
Defence personnel, the former ones are deprived of privileges
extended to Defence and Police services. The command, control and also
rank structure of Central Excise are similar to the army except that the
ranks in Central Excise have different nomenclature (Chairman, Member,
Principal Chief Commissioner, Chief Commissioner, Commissioner, Additional
Commissioner, Joint Commissioner, Deputy Commissioner, Asst. Commissioner,
Superintendent, Inspector, Havildar and Sepoy). In accordance with the NDPS Act
and the Central Excise Act, the powers of the Police officers are vested into
executive officers of Central Excise. The personnel of Central Excise and Customs are
deployed on the borders (with Pakistan, Bangladesh, Nepal, China, Myanmar
etc.), International Airports and International Sea Ports. They are also
actively engaged in counter insurgency operations against dreaded smugglers,
hard core criminals, white collared criminals and chronic tax evaders etc.
within the country. These personnel have suffered heavy casualties while
dealing with trans-border crimes and countering with dreaded smugglers. Their
duties are akin to the Army and they are responsible not only for guarding the
Economics borders of the Country but also for security of the Nation. In fact
in J & K and North Eastern states of India, the Central Excise
personnel are deployed side by side with the Army, BSF, CRPF and ITBP on
the same location. They perform their duties in most adverse conditions coupled
with the threat to the lives of them & their families by enemy action,
insurgents, dreaded smugglers, hard core criminals and the climatic
hazards. The personnel of Central Excise and Customs are deployed on
the borders, International Airports and Sea Ports also being actively engaged
in counter insurgency operations with smugglers and tax evaders etc. within the
country. These personnel have suffered heavy casualties while dealing with
trans-border and other hard core criminals. Their duties are akin to the Army
and they are also responsible for security of the Nation. They perform their
duties in the most adverse conditions coupled with every threat to the person
& property along with their families. The Central Excise executive
officers should also be granted all benefits to be extended by 7th CPC
to the Defence personnel. The Central Government has decided to introduce ‘One
Rank, One Pension’ for Defence personnel. The executive officers of
Central Excise and Customs are uniformed officers having the same
structural features, command & control elements and also serving under
similar harsh service conditions as the Defence personnel. In spite of the
similarities in the duties, the Central Excise executive personnel are deprived
of the privileges extended to Defence and Police services. Under these
conditions; if the juniors start getting more pension than the seniors, it
violates the hierarchy of command system as is applicable to all Armed Forces.
It is a well-established dictum based on the Supreme Court judgement of 1982
and accepted by the Government that, “pension is not a bounty nor a matter of
grace depending upon the sweet will of the employer. It is not an ex-gratia
payment but a payment for past services rendered”. In another judicial ruling,
it has been stated that different criteria for grant of unequal pay/pension for
the same rank on the basis of cut-off date of retirement violates Article 14
(equality before law) of the Constitution. All pensioners irrespective of rank
are entitled to same pension. In the case of Defence services, the Government
has rightfully realized the truth of this fact and given succour to the
pre-2006 Defence pensioners to come up to the level of their post-2006 retirees
of equivalent rank and status by granting them ‘One Rank, One Pension’.
However, the Central Excise and Customs executive personnel having equitable
dispositions, command structure, rank system & nature of duties are grossly
ignored, discriminated & forced to face the ignominy of less emoluments
vis-a-vis their post-2006 retiring juniors.
Conclusion:
Therefore, we suggest , the Honourable 7th
CPC may kindly be pleased to recommend for
introduction of the system of ‘One
Rank, One Pension’ in the executive cadres of Customs and Central Excise
department like Defence employees.
2.
The rate of pension be
75% of the pay last drawn or the average of 10 months emoluments last drawn,
whichever is higher.
The minimum basic pension fixed by VI CPC was
Rs.3500/- which was 50% of the
minimum pay in the pay band (Rs.5200/-) plus Grade Pay thereon (Rs.1800/-). The consultants for V CPC, Tata Economic
Consultancy Services, taking all micro aspects into scientific consideration, had
suggested that 67% of last pay drawn should be allowed as minimum pension. Considering the
passage of time since then, the quantum of increase in the GDP of the nation and quantum of
increase in the per capita income it is reasonable to demand 75% of the last pay plus Grade Pay
drawn as minimum pension. The rate of pension fixed by VI CPC was 50% of the
pay last drawn. The Hon’ble
Supreme Court of India had in the landmark judgement of D.S.Nakara and others
Vs. Union of India (AIR 1983, SC
130) clarified that a pension scheme must provide that the
pensioner would be able to live at a standard equivalent at the pre retirement level.
pensioner would be able to live at a standard equivalent at the pre retirement level.
Conclusion:
We
suggest that the Honourable 7th CPC may kindly be please to
recommend to render even a
partial compliance to the observation it is necessary that the rate of pension be 75% of the pay last drawn or the
average of 10 months emoluments last drawn, whichever is higher.
3.
Family pension.
At
present 30% of last pay drawn is allowed as family pension. We suggest that it is reasonable and justifiable to suggest
45% of last pay drawn as family pension.
4.
Rounding up and notional determination.
We suggest that the pension amount may be
computed rounding to the next multiple of Rs. 10/-.Pay
band and grade pay system introduced by VI CPC caused heavy disparities between pre and post 2006 retirees. The
concept of modified parity introduced by the 5th CPC as a measure to reduce the financial
implication must be replaced with the full parity concept as was made applicable for the personnel
retired prior to 1.1.1986. In other words, the pay of every retired person must be
re-determined notionally as if he is not retired and then his pension to be computed under the
revised rules. This alone will protect the value of pension of a retired person.
5.
Additional pension at the rate of 10% may be granted from 65 years and
at the rate of 20% for 95 years and 100 years of age.
According
to the present scheme a consolidated amount reckoned at the commutation value of 8.194 is disbursed to the
pensioner at the time of retirement whereas recovery is effected for 15 years i.e, for
approximately double the commutation value. As per a Note prepared by Ministry of Personnel,
Public Grievances and Pensions, Department of Pension & Pensioners’ Welfare (File
F.No.42/8180/2011-P&PW (G)) the rate of interest at which commuted value of pension is fully recovered is
20.7% per annum in the case of employees who retired at the age of 60 yrs after 01-01-2006.
This is in fact an enrichment of the exchequer at the expense of the poor pensioner which
cannot be justified by any stretch of reasonable argument, particularly in a state where
socialism has been declared as the goal. Hence restoration of the commuted portion should be done
after 10 years instead of the present 15 years. In the case of pre-2006 retirees the excess
recovered may be refunded to the pensioners. Senior citizens, during their
advanced age, have to bear additional financial burden due to age related diseases and social and
family obligations. So additional pension at the rate of 10% may be granted from 65 years and
at the rate of 20% for 95 years and 100 years of age.
Conclusion:
Accordingly
we suggest the following increase in the basic pension:
Age (in yrs) Increase in pension
Age (in yrs) Increase in pension
65 ………………10%
70 ………………20%
75 ………………30%
80 ………………40%
85 ………………50%
90 ………………60%
95 ………………80%
100 ……………100%
6. MERGER OF DA.
It was the well considered suggestion of V CPC
that whenever DR exceeded 50%, it should be
merged with basic Pay/ pension. Now the DR has exceeded 50% from 01-01-2011 and
100% from 01-01-2014. We demand
50% DR be merged with basic Pay/ pension retrospectively from 01-01-2011 and the consequential Dearness Relief
arrears may be disbursed to the employees as well as pensioners.
6.
Interim Relief:
We suggest that Honourable 7th Pay Commission may recommend 25% of basic
pay/ pension as Interim Relief to all
the existing employees as well as pensioners ,
7.
A rational methodology for computing
DA/DR is to be evolved, and the periodicity changed to quarterly from the
present half yearly
At present
DA/DR is given to the employees / pensioners half yearly taking into account the average consumer price
index for 12 months. It is claimed that full neutralization of the cost of living is effected in
granting the DA/DR. The claim dose not stands the scrutiny of the contemporary economic
stratification. For example, on 01-01-2006, i.e, at the time of implementation of VIth Pay
Commission the DA/DR was nil. Now on 01-01-2014 after giving full neutralization the DA/DR
has arrived at 100%. The conclusion is that the cost of index based on the present methodology
of calculation has only doubled. But the reality is that the cost of essential commodities
has spiraled manifold. Hence a rational methodology for computing DA/DR is to be evolved, and
the periodicity changed to quarterly from the present half yearly.
8.
Health Schemes
The existing
Health Schemes such as CGHS, ECHS, RELHS etc are to be strengthened by providing all facilities, wherever
necessary and extended to all the District Head Quarters of the Country. The pensioner who is not
covered by the schemes should be provided with the facility of claiming medical expenses
for indoor treatment under CS (MA) Rules, 1944 as recommended by the V CPC. District
level nodal offices under each department may be recommended for reimbursement purpose.
The existing Fixed Medical Allowance in lieu of outpatient treatment is to be enhanced
to Rs. 2500/- per person , and should be linked to increase in Consumer Price Index.
9.
Income Tax Exemption to senior citizens:
At present
senior citizens are exempted from income tax up to Rs. 2.5 lakh. This is too inadequate an amount we suggest
that senior citizens may be exempted from income tax for an amount upto Rs. 6 lakh.
10.
Festival Allowance:
Almost all
State Governments grant festival allowance to their pensioners. Actually senior citizens are generally
enthusiastic in celebrating important festivals of their region/religion. We request VII CPC to
recommend one month’s pension in a year as festival allowance to pensioners.
11.
Travel concession to pensioners:
At present
LTC is being granted to working employees. The
pensioners’ organizations have been consistently and persistently demanding
travel concessions to pensioners
under a rational and reasonable scheme. It is requested that a scheme be evolved under which a
pensioner along with family members is eligible for reimbursement of the cost of journey
with in the country once in 2 years reckoned at actual
entitlement while the pensioner was in service.
entitlement while the pensioner was in service.
12.
Revision of Pension:
The pension of Central Government pensioners
undergoes revision only once in 10 years. The pension structure gets seriously
dis-aligned during this period as 50% increase in price takes place even in
less than 5 years. This results in considerable erosion of the financial
position of the pensioner. Dearness Relief does not adequately take care of the
inflation at this level. Working employees are getting automatic relief by way
of 25% increase in their allowances with every 50% rise in Dearness Allowance.
As pensioners do not get any allowance, they feel discriminated. In order to
strike a balance, Dearness Relief should be automatically merged with pension
whenever it goes to 50%. Alongwith, 10% upward enhancement in
pension/family pension be granted every five years after the age of 60 years
& up to 80 years. Thereafter, it should be 10% more than the existing dispensation
as, in the present scenario of high inflation, climatic changes, incidence of
pesticides & rising pollution, old age disabilities/diseases set in by the
time an employee retires and go on manifesting very fast, need additional
finances to take care of these disabilities and diseases.
13.
Restoration of
commuted value of pension after 12 years:
The purchase value of pension gets reduced day
by day due to continuously high inflation and steep rise in cost of food items
& other requirements making over all steep rise in living cost. Retired
persons/senior citizens do not enjoy fully public goods & services provided
by Government due to lack of mobility and many other factors. Their ability to
pay tax gets reduced from year to year after retirement due to ever-increasing
expenditure on food, medicines and other incidentals. Their net worth at year
end gets reduced considerably as compared to the beginning of the year.
Inflation is much more than any tax for a pensioner. It erodes the major part
of the already inadequate pension. To enable pensioners to live in minimum
comfort at the far end of their lives and to cater for ever rising cost of
living, they should be spared from paying any tax including Income Tax. The
commutation value in r/o the employee superannuating at the age of 60 years
between 01.01.96 and 31.12.05 commuting a portion of pension within a period of
one year would be equal to 9.81 years purchase. After adding thereto a further
period of two years for recovery of interest, in terms of observations of
Supreme Court in its judgment in Writ Petitions No. 395-61 of 1983 decided in
December 1986, it would be reasonable to restore commuted portion of pension in
12 years instead of present 15 years. In case of persons superannuating at the
age of 60 years after 31.12.05 seeking commutation within a year, numbers of
purchase years have been further reduced to 8.194. Also the mortality rate of
60 plus Indians has considerably reduced ever since Supreme Court judgment in
1986; the life expectancy stands at 76 years now. Therefore, restoration of
commuted value of pension after 12 years is fully justified.
14.
Hassle free health care facility to
pensioners/family pensioners:
As far
health is concerned, it is not a luxury and it should not be the sole possession
of a privileged few. It is not only a welfare measure but also a fundamental
right of all present & past employees. To ensure as hassle free health
care facility to pensioners/family pensioners, Smart Cards should be issued to
all pensioners, family pensioners and their dependents for cashless medical
facilities across the country irrespective of department. These smart cards
should be valid in all Govt. hospitals, all private & Govt. Multi Super
Specialty hospitals, all CGHS, RELHS & ECHS empanelled hospitals across the
country. No referral should be insisted for medical treatment or tests.
The Doctors/Medical officers working in different Central/State Govt.
department dispensaries/health units should also be recognized as Authorized
Medical Attendant. The enjoyment of the highest attainable standard of
health is recognized as a fundamental right for all in terms of Article 21 read
with Article 39(c), 41, 43, 48A and all related Articles as pronounced by the
Supreme Court in Consumer Education and Research Centre & Others vs Union
of India (AIR 1995 Supreme Court 922). The Supreme court has held that the
right to health to a worker is an integral facet of meaningful right to life to
have not only a meaningful existence but also robust health and vigour.
Therefore, the right to health and medical aid to protect the health &
vigour of a worker while in service or after retirement is a fundamental right
to make life of a worker meaningful and purposeful with dignity. All
pensioners, irrespective of pre-retirement class & status, should be
treated as same category of citizens in r/o health. There should be no class or
category based discrimination and all must be provided health care services at
par. To ensure that the hospitals do not avoid providing reasonable care to
smart card holders and other poor citizens, a Hospital Regulatory Authority
should be created to bring all hospitals and diagnostic labs under its constant
monitoring for quality, rates & timely bill payments by Govt. agencies &
Insurance companies. CGHS rates should be revised keeping in mind the
workability and market conditions.
15.
Fixed Medical
allowance to Pensioners :
As recorded in Para 5 of the minutes of
Committee of Secretaries (COS) held on 15.04.10 {Reference Cabinet Secretariat,
Rashtrapati Bhavan No 502/2/3/2010-C.A.V Doc No. CD (C.A.V) 42/2010 Minutes of
COS meeting dated 15.4.2010} discussing the enhancement of FMA, CGHS card
estimates for serving Personnel, since estimates are not available separately
for pensioners, M/O Health & Family Welfare had assessed the total cost per
card per annum in 2007-08 to be Rs. 16435/-, i.e., Rs.1369/- per month for OPD.
Adding to its inflation, the figure today is well over Rs. 2000/- per month.
Ministry of Labour & Employment, Govt. of India vide its letter no.
G-25012/2/2011-SSI dated 07.06.13 has already enhanced FMA to Rs 2000/- per
month for EPFO beneficiaries. Thus, to help elderly pensioners to look after
their health, adequate raise in FMA will encourage a good number of pensioners to
opt out of OPD facility which will reduce overcrowding in hospitals. OPD
through insurance will cost much more to the Govt. Thus, the proposal for
raising Fixed Medical allowance to Pensioners is fully justified and is
financially viable. The FMA for all pensioners/family pensioners should be
raised to at least Rs. 2000/- per month without any restriction linking it to
Dearness Relief for further automatic increase. The FMA should also be exempted
from any tax including Income Tax as it is a compensatory allowance to
reimburse the medical expenses. The actual expenses made in addition to FMA
should be reimbursed in hassle free manner.
The Ministry of Personnel and
Pensions has launched an initiative to route the skill and experience of
retired government employees back into socially useful and constructive work.
Retired Government employees can soon find employment opportunities back in
government departments and other social organisations on a voluntary basis. The
Ministry of Personnel and Pensions has launched an initiative to route the
skill and experience of retired government employees back into socially useful
and constructive work. “There are 50 lakh government employees today. But there
are also 53 lakh retired employees, most of whom can still contribute to nation
building exercise. Govt. should tap
their skills and experience.
CONCLUSION:
It is suggested that Honourable 7th CPC may be pleased to recommend
for creation of a separate cell for welfare of retired employees in each
and every offices and these sections should be managed by willing retired
employees only.
VII PART: OTHER BENEFITS:
1.
One month additional
pay in the year, 25% extra salary per month etc. are require to be granted
to the grade of Superintendent of
Central Excise.
The service conditions of Central Excise & Customs executive
personnel are akin to the Central Police Organisations, CBI and Defence Armed
Force personnel but they are not compensated with any additional incentives or
allowances as in the case of CBI, Police, Army etc. In spite of the
similarities in the duties performed by the Central Excise executive personnel,
they are deprived of privileges extended to Defence and Police
personnel. Hence the Executive officers of Central Excise Department
should also be granted all the benefits as granted/to be granted to Defence personnel.
The grade of Superintendent of
Central Excise , Customs and service Tax is not only entitled to get the grade
pay which is likely to be granted to the post of Dy SP/CBI by Honáble 7th
CPC , but also this grade is entitled to get one month additional pay in the
year and 25% extra salary per month
etc. at par with the Deputy
Superintendent of CBI.
2. UNIFORM ALLOWANCE.
The Uniform Allowance
presently sanctioned is quite inadequate both as initial equipment allowance
and annual maintenance allowance. In view of the rising market price, the
allowance may be recommended to grant to the post of Superintendent of Central
Excise at par with its counter parts of Central Police Organisations.
3.
HASSLE FREE HEALTH
CARE FACILITIES TO ALL CENTRAL GOVERNMENT EMPLOYEES:
As far health is concerned, it is not a luxury
and it should not be the sole possession of a privileged few. It is not only a
welfare measure but also a fundamental right of all employees. To ensure as hassle free
health care facility to all employees and their family members, Smart Cards
should be issued to all employees and their dependents for cashless medical
facilities across the country irrespective of department. These smart cards
should be valid in all Govt. hospitals, all private & Govt. Multi Super
Specialty hospitals, all CGHS, RELHS & ECHS empanelled hospitals across the
country. No referral should be insisted for medical treatment or tests.
The Doctors/Medical officers working in different Central/State Govt.
department dispensaries/health units should also be recognized as Authorized
Medical Attendant. The enjoyment of the highest attainable standard of
health is recognized as a fundamental right for all in terms of Article 21 read
with Article 39(c), 41, 43, 48A and all related Articles as pronounced by the
Supreme Court in Consumer Education and Research Centre & Others vs Union
of India (AIR 1995 Supreme Court 922). The Supreme court has held that the
right to health to a worker is an integral facet of meaningful right to life to
have not only a meaningful existence but also robust health and vigour.
Therefore, the right to health and medical aid to protect the health &
vigour of a worker while in service or after retirement is a fundamental right
to make life of a worker meaningful and purposeful with dignity.
To ensure that the hospitals do not avoid providing reasonable care to smart
card holders and other poor citizens, a Hospital Regulatory Authority should be
created to bring all hospitals and diagnostic labs under its constant
monitoring for quality, rates & timely bill payments by Govt. agencies
& Insurance companies. CGHS rates should be revised keeping in mind the
workability and market conditions.
4.
INCENTIVE FROM WEFARE FUNDS;
Defence personnel are having vast facilities, huge infrastructure
and other amenities along with the canteen facility to purchase the households
and other things/goods of requirement at subsidized/concessional price. The
Railway personnel are given the facilities like free journey with family and attendant
even after retirement, Airlines personnel are given the facility for free or
concessional air journey along with families, Bank personnel are given loan
facilities for various purposes at low interest rates, Hydel personnel are
given electricity for home consumption on very nominal rates etc. etc.
Executive Officers of CBDT have been granted with Mobile Phones and Lap top
etc. Like it, Central Excise executive personnel should at least be granted canteen facilities to purchase
households and consumer goods at concessional rates and also some other specific facilities from the welfare funds..
5. Exemption from Income Tax:
Income tax exemption
ceiling for the salaried persons should be raised to Rs. 5.00 lakh per annum
and fringe benefits like housing, medical and educational facilities and
running allowances should be exempted from income tax net in totality.
