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

Monday, 9 June 2014

RECENT REPRESENTATIONS TO BOARD.



ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                               Secretary General:
Lokanath Mishra                        240, Razapur, Ghaziabad-201001 (U.P.)                                      Ravi Malik
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                         Mob. 09868816290
Vice Presidents: Sampat Rai, Vatan Kamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh, Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S. K. Jha (West)
Joint Secretaries: Anand Kishore, Laxmi Lal Singhvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar (South); Ashwini Majhi, V. N. Jha (East); G. K. Jhala, M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 120/P/14                                                                          Dt. 10.06.14
To,      
Ms. Joy Kumari Chander,
The Member (P&V), CBEC,
North Block, New Delhi.
Sub: Promotions vide Office Order No. 74/2014 Dt. 31.03.06 of the CBEC.
Madam,
Kindly refer to the Ref. No. 115/P/14 Dt. 28.05.14 of the Association as well as Office Order No. 117/2014 of CBEC issued vide F. No.A-22013/01/2014-Ad.III Dt. 06.06.14.
2. First of all, the heartiest thanks to the CBEC to give full fledged status to the promoted officers who have been suffering for more than two months without any fault on their part.
3. It is again submitted with due regards that the promotion orders were issued on ‘in-situ basis’ without any valid reason despite of the DPC conducted by the UPSC against the regular posts. Even the field authorities under the CBEC have started to issue the promotion orders by using the term ‘in-situ’ for lower posts including Inspectors and Superintendents without thinking about the implications of this term despite of the promotions being made against regular vacancies/posts. In-situ means that the promoted officer would have no right to work on the promoted post and would continue to work on lower post only from which he/she has been promoted.
4. It is also worth to submit that there are no statutory provisions in the Govt. of India for the issuance of the ‘in-situ’ promotion orders, if the officers are being promoted against the regular or temporary posts or even on ad-hoc basis. The officers are promoted on ‘in-situ basis’ under the specific circumstances only to give them a bit relief against the stagnation by the grant of higher designation but continuing to work on the lower post. It is not understood how the concerned sections of CBEC as well as field formations are using the term ‘in-situ’ against the regular promotions. It is a very serious issue and requires immediate redressal.
5. In view of the above, it is very much requested to kindly direct the concerned sections of CBEC as well as field formations not to use ‘in-situ term’ for the future promotions in such indiscriminate manner against the regular, temporary or ad-hoc posts. Instead it may kindly be mentioned in the orders that the officers would assume the charge at their present place of posting till the issuance of the transfer orders, if transfer/posting orders are not issued alongwith the promotion orders. It is further requested that the issue may kindly be given a serious thought.  
            Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
The Chairperson, CBEC, North Block, New Delhi.

(RAVI MALIK)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                               Secretary General:
Lokanath Mishra                        240, Razapur, Ghaziabad-201001 (U.P.)                                      Ravi Malik
Mob. 09437314941                      mail Id: ravimalik_sweet@yahoo.com                         Mob. 09868816290
Vice Presidents: Sampat Rai, Vatan Kamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh, Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S. K. Jha (West)
Joint Secretaries: Anand Kishore, Laxmi Lal Singhvi (Central); N. N. Lal, R. K. Solanki (North); G. Srinath, S. Chandrasekar (South); Ashwini Majhi, V. N. Jha (East); G. K. Jhala, M. K. Misra (West)
Office Secretary: C. S. Sharma (Mob. 09313885411)             Treasurer: N. R. Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref. No. 121/R/14                                                                          Dt. 10.06.14
To,
Ms. J. M. Shantisundharam,
The Chairperson, CBEC,
North Block, New Delhi.
Sub: Retrospective implementation of the pay scale revision of the Superintendents of Central Excise.
Madam,
Kindly refer to the Ref. No. 02/revision/13 Dt. 07.01.13 of the Association and the subsequent reminders.
2. It is further submitted with due regards that the pay scale of the Superintendents of Narcotics Control Bureau was revised to Rs. 7500-12000/- from Rs. 6500-10500/- w.e.f. 01.01.96 with all consequential benefits vide U.O. No. 169/1/2005-IC dt. 11.04.05 of the Department of Expenditure leading to the issuance of Order F. No. II/2(38)/2004-Estt. dt. 20.04.05 by the Narcotics Control Bureau whereas the pay scale of the Superintendents of Central Excise was revised to Rs. 7500-12000/- from Rs. 6500-10500/- prospectively w.e.f. 21.04.04, i.e., from the date of issuance of the order vide O.M. No. 6/37/98-IC dt. 21.04.04.
            3. It is very well worth to mention that the Superintendents of Narcotics Control Bureau were granted the retrospective benefit despite of the fact that their pay scales were revised even after the revision of pay scales of Superintendents of Central Excise. It is further mentioned that the Superintendents in Narcotics Control Bureau were also granted the non-functional time scale on completion of 4 years of service based on the precedent of the grant of the same to the Superintendents of Central Excise. 
4. The Association has been continuously raising the demand for implementing the revised pay scale with retrospective effect instead of 21.04.2004 since very beginning but nothing has been done till date. There exists an established parity and relativity between the Superintendents of NCB and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the Group ‘A’ till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of Central Excise are till now performing their duties as Superintendents of NCB.
5. The mode of recruitment of the Inspectors in CBEC and Intelligence Officers in NCB is also common. The posts of Superintendents in CBEC and NCB are also filled-up through promotion from the Inspectors/Intelligence Officers. The High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth Pay Commission had categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar and recommended for parity of Inspector in the Central Bureau of Narcotics with the Inspector of Central Excise.
            6. Moreover, Para 7.15.24 of the report of the 6th CPC says as under:
            “7.15.24: The posts of Assistant Enforcement Officer and the Chief Enforcement Officer have traditionally been on par with the posts of Inspectors and ITOs/analogous posts in CBDT and CBEC. Subsequent to up-gradation of posts of Inspector/ITOs/analogous posts in CBDT and CBEC, the Government also up-graded the posts in Enforcement Directorate but with a time lag. Since the parity between these posts is well established, the Commission recommends      that the same should be maintained in future.” (Emphasis applied).
7. As per the preceding para, the Pay Commission has observed that the post of Chief Enforcement Officer in the Directorate of Enforcement of the same Department of Revenue has parity with the post of Superintendent of Central Excise. The 6th CPC also made clear cut recommendations that this parity should be maintained in future. Vide U.O. No. 6/98/99-IC dated 29.09.2005, the Department of Expenditure had allowed the revision of pay scales of Chief Enforcement Officer and consequently, the Department of Revenue issued order F. No. 16/26/2004-Ad. IC dated 4th October, 2005 revising the pay scale of Chief Enforcement Officer to Rs. 8000-13500/-.
8. Therefore as per the preceding paras, the pay scale of Superintendents of Central Excise should have also at least been upgraded to Rs. 7500-12000/- w.e.f. 01.01.96 and Rs. 8000-13500/- w.e.f. 04.10.05 at par with their counterparts in NCB and ED apart our demand to grant them the pay scale of their analogous counterparts of CBI etc. w.e.f. the date of enhancement of the pay scale of the later category. Consequently, after implementation of 6th CPC report, the Superintendents of Central Excise should have also been placed in a Grade Pay of Rs. 5400/- in PB3 w.e.f 01.01.06.
            9. Thus, the denial of retrospective revision of pay scale to the Central Excise Superintendents is not correct as the grave anomaly has arisen on account of the different dates of revision prescribed by the Department of Expenditure for different categories of employees. If the pay scales of employees of other counterparts were revised w.e.f. 01.01.96 or 01.01.86 by the Department of Expenditure, the prospective revision of pay scale from 21.04.04 for the Superintendents of Central Excise is gross injustice to them.
10. In view of the above, it is very much requested to give the retrospective effect to the enhanced pay scale of the Central Excise Superintendents as granted to their analogous counterparts.
            Thanking you,
Yours faithfully,


(RAVI MALIK),
Secretary General.

Copy with request for necessary action to:
1)      The Member (P&V), CBEC, North Block, New Delhi.
2)      The DG, HRD, CBEC, New Delhi.
                                                                                                            
(RAVI MALIK)