ALL
INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED
EXECUTIVE OFFICERS
President:
Address for communication: Secretary General:
Lokanath Mishra 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi Malik
Vice Presidents: SampatRai,
VatanKamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh,
Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S.
K. Jha (West)
Joint Secretaries: Anand
Kishore, LaxmiLalSinghvi (Central); N. N. Lal, R. K. Solanki (North); G.
Srinath, S. Chandrasekar (South); AshwiniMajhi, V. N. Jha (East); G. K. Jhala,
M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob.
09313885411) Treasurer:
N.R.Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref.
No. 135/R/14
Dt. 30.06.14
To,
Ms. Nirmala Sitharaman,
The Hon’ble Minister of State, Department of Revenue,
North Block, New Delhi.
Sub:
Retrospective implementation of the pay scale revision of the Superintendents
of Central Excise.
Madam,
It is 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.
2. 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. 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. 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.
3. 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.
4. 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 of the Central Bureau of Narcotics with the Inspector of Central
Excise.
5. 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).
6. 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/-.
7. 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 the demand of grant
of the pay scale of the analogous counterparts of CBI etc. w.e.f. the date of
enhancement of the pay scale of the later category.
8. 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.
9. 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 the request for necessary action to:
1)
The Finance Minister, Govt. of India, North Block, New Delhi.
2)
The Prime Minister of India, South 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
Vice Presidents: SampatRai,
VatanKamble (Central); Anurag Chaudhary, Ravi Joshi (North); A. Ravinder Singh,
Rajan G. George (South); A. S. Roy, Shubhrangshu Deb (East); P. D. Nimhan, S.
K. Jha (West)
Joint Secretaries: Anand
Kishore, LaxmiLalSinghvi (Central); N. N. Lal, R. K. Solanki (North); G.
Srinath, S. Chandrasekar (South); AshwiniMajhi, V. N. Jha (East); G. K. Jhala,
M. K. Misra (West)
Office Secretary: C.S.Sharma (Mob.
09313885411) Treasurer:
N.R.Manda (Mob. 09871483585)
(Recognised by G.O.I., Min. of Fin. vide
letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)
Ref.
No. 136/P/14 Dt.
30.06.14
To,
Ms. Nirmala Sitharaman,
The Hon’ble Minister of State, Department of Revenue,
North Block, New Delhi.
Sub: Initial grade pay of Rs. 5,400/- in PB3
to Central Excise Superintendents w.e.f. the date of the grant of this grade
pay/equivalent pay scale to the other analogous counterparts.
Madam,
It is submitted with due regards that the DSP of CBI, DCIO of
IB & Central Excise Superintendent etc. are the analogous posts as per the
DOPT guidelines and were being granted the same pay scale upto 1985. The High
Power Committee formed on pay matters by the then FM, Sh. Yashwant Sinha, also
admitted the analogous character of these posts. The pay scales of DSP of
Central Bureau of Investigation & DCIO of Intelligence Bureau were enhanced
to the level equivalent to Rs. 5400/- in PB3 w.e.f. January, 86.
2.
It was done by the Govt. on the simple recommendation of the concerned
department without any recommendation by the Pay Commission. There is no change
in their work responsibilities also whereas the work responsibilities of the
Central Excise Superintendent are on regular increase. Latest increase in the
responsibilities of the Central Excise Superintendent is the responsibility to
adjudicate the cases and pass Adjudication Orders. The counterparts of CBI
& IB were also granted group ‘A’ status later on but our Central Excise
Superintendents are still placed in the lower scale of group ‘B’. This has been
done despite of more important, hazardous & arduous duties being performed
by our Superintendents
during the discharge of executive as well as quasi-judicial functions taking
every risk on life of self & family on account of countering with the
habitual revenue offenders, white collared criminals & hardcore dreaded
smugglers alongwith tremendous administrative pressures.
3. Our
Superintendents are discharging all functions relating to assessment,
investigation & intelligence, issuance of Show Cause Notices with the
powers of adjudication etc. Their claim becomes even stronger on account of the
judicial powers granted to them to adjudicate the relevant cases and recording
statements like a Magistrate under Section 14 of Central Excise Act and Section
108 of Customs Act having validity even before the Supreme Court. No such
powers have been granted to any Group ‘B’ Gazetted officer of the Govt. of
India including CBI & IB. Not only it, the Adjudication Orders are also being
prepared by our Superintendents for the Commissioner level officers.
4. It is totally
unjustified to have merely a difference of Rs. 200/- at the time of promotion of an officer from a
grade pay of 4600/- (Inspector) to a grade pay of Rs. 4800/- (Superintendent)
particularly when the officer is to retire with only single promotion in the
career of 35-40 years. It is also worth to submit that our officers are
entitled to go to CBI & IB but their officers are not entitled to come to
CBEC on deputation because our officers are performing more important work
functions with higher expertise and work responsibilities. The intelligence
& investigation are the integral part of our duties.
5. Our analogous counterparts in CBI
& IB are not only getting the higher pay scales
but also one month extra salary in a year as well as 25% special pay per month.
On the contrary, we have been ignored totally despite of performing the duties
regarding the work of enforcement, judicial, executive, anti-evasion,
anti-smuggling etc. nature alongwith the investigation & intelligence work.
6. Even more, the government has already
enhanced the pay scales of our Inspectors (the cadre being supervised by us)
and other equivalent cadres to Rs. 7,450/- from Rs. 6,500/- w.e.f. 01.01.06. This
has made an initial difference of only Rs. 50/- in the pay scales of the
supervised cadre (Inspector) and supervising cadre (Superintendent) while this
difference between the initial pays of supervised cadre and supervising cadre
in the case of higher cadres is Rs. 2,000/- or more. In the case of the lower
cadres also,
it
was at least Rs. 1,000/- in the past which has now become even more. Thus, the
difference of mere Rs. 50/- between the initial pays of the supervised cadre
and supervising cadre is no way justified and seems only a mockery with the
group ‘B’ gazetted officers belonging to supervising cadre.
7. Keeping in view the importance of our
work and above submissions, it is requested that a pay
scale equivalent to the grade pay of Rs. 5400/- in PB3 may kindly be granted to
the Central Excise Superintendents w.e.f. the date of the grant of the same to
the analogous counterparts of CBI, IB etc. alongwith other perks as being
granted to the later ones.
Thanking you,
Yours
faithfully,
(RAVI
MALIK),
Secretary General.
Copy
with the request for necessary action to:
1)
The Finance Minister, Govt. of India, North Block, New Delhi.
2)
The Prime Minister of India, South Block, New Delhi.
