Suggestions to amend Indian Revenue Service (Customs and Central Excise) Group A
Recruitment Rules
1. Suggested amendment
for Rule
4(1)
The portion 'The authorised
permanent strength in all grades of service and temporary strength in the grade
IX of the service' should be substituted by ‘The authorised strength in all
grades of service’.
Reason
(a) Under Rule 2(g) of the RRs, the ‘Post’
includes permanent as well as temporary strength in all grades. Accordingly, authorised strength constitutes appointment made to any
post under Indian Revenue Service (Customs and Central Excise) Group A as
defined under Rule 2(g). Besides, the temporary posts are authorised posts
created by virtue of cadre restructuring for functional necessity. So use of
the words ‘temporary’ or ‘permanent’ is superfluous.
(b) As far as the
proposed ‘Grade IX’ is concerned, it may be pointed out that creation of a
separate Grade (grade IX) for the Assistant Commissioner (Junior Time Scale)
Customs and Central Excise appointed against temporary posts lower than the
Grade (VIII) is against the basic tenets of devising any RRs. This arbitrary
gradation is a result of misconception in understanding the distinction between
the term ‘posts’ and expression ‘an officer appointed in a grade to
such posts’. Apparently different modes of selection (i.e., by direct
recruitment or by promotion) to different nature of posts (i.e., permanent or
temporary) in a particular grade, say Assistant Commissioner (Junior Time
Scale), cannot be further sub-categorised. Therefore, once an officer is appointed
in that grade, he or she shall be a member of the service in that particular grade
irrespective of nature of post. Creation of separate grade by way of linking it
to the nature of posts (permanent or temporary) or mode of selection either
direct recruitment or by promotion is grossly anomalous and is unfair with
regard to framing RRs. Besides, the Central Excise Act, 1944 or Customs Act, 1962 or
Finance Act 1994 makes no distinction between temporary and regular posts of Assistant Commissioner
with regards to functions and powers. Furthermore, there
is no precedence of creating different grades in the same ranks with the same
grade pay. So such a sub-division in the grade of Assistant Commissioner is
untenable. We have not to forget that the officers working on the temporary
posts of Asstt. commissioner are the permanent/regular employees of the Govt of
India already completing more than 30 years of service.
So, any reference to ‘Grade
IX’, wherever it appears in RRs, needs to be omitted.
2.
Suggested Amendment for Rule 4(2)
The
words ' permanent and temporary ' in this rule should
be omitted.
Reason
That in terms of definition under Rule 2(g) of the RRs, the
authorised strength itself indicates and includes permanent as well as
temporary posts. Accordingly, the words ‘permanent and temporary ' are
superfluous.
3. Suggested Amendment for
Rule 4(3)(i) & 4(3)(ii)
Both
these rules shall be omitted.
Reason:
For Rule
4(3)(i)
(a) The first line is superfluous as it is already mentioned in
Rule 4(1) and 4(2) of the RRs that any post, be it permanent or temporary,
shall be specified in Schedule-I. It is also not necessary to mention the trifling
details like date on which any post has been created or likely to be
terminated, be it permanent or temporary. The RRs should be confined to
recruitment modalities and not details of creation of posts.
(b) The second line
should be deleted for the simple reason that it is based on complete
misunderstanding between the term ‘post’ and expression ‘an officer appointed
in a grade through such post’ either by way of promotion or direct recruitment
or through permanent post or temporary post. Once the officer is appointed in a
particular grade, he or she will be regarded as belonging to the service under
which the posts exist and in this respect, no distinction can be made between
officers appointed either to a permanent post or a temporary post by direct recruitment
or by way of promotion. The continuation of the service of that officer in that
grade is no way dependent on the fate or tenure of the post. So, the
incorporation linking the tenure of post and continuation of service is
outrageous and beyond the purview of law. As long as an officer, after
appointment in a particular grade against a post (permanent or temporary),
remains in that grade in conformity with the service conditions, the post
(permanent or temporary) against which the said officer is appointed cannot be
declared as abolished.
Moreover, the 2nd line is also contrary to the
Cabinet approval under CBEC F.No. A.
11019/08/2013- Ad.IV, dated 18.12.2013, para 7 of
which states that " wherever the posts recommended for
abolition are filled up at present, such abolition will be effective on such
posts being relinquished by the existing incumbents by way of promotion,
transfer, retirement, resignation etc"
For Rule 4(3)(ii)
Rule 5 prescribes filling of vacancies both in respect of
permanent or temporary posts. So the need for this provision is redundant.
4. Suggesdted Amendment for
Rule 5(2)
1)
The words ‘fifty percent’ shoud
be substituted by ‘maximum ten per
cent’.
2)
The following insertion should be made:
(i) A post-based roster shall be maintained between direct entry
and promotee officers in the ratio of 10 (maximum) : 90 (minimum).
(ii) A post-based roster shall be maintained for promotee officers
belonging to three streams, i.e., Central Excise, Customs Preventive and
Customs Appraisers till promotions are not affected on the basis of length of
service.
Reasons for amendment (1)
In view of the extraordinarily acute stagnation
of Group B Central Excise executive officers and highly adverse ratio (1: 15
approx) existing between the consolidated Gr B Executive officers and their
immediate promotion grade of Assistant Commissioner even after restructuring,
whatever has been done in the Cadre restructuring shall be diluted and the
stagnation is bound to return in short span of 1 or 2 years until and unless immediate
measures like promotion of Group B gazetted Central Excise executive officers
directly to STS (like many others Group B gazetted officers of Central as well
as State governments including CSS, CSSS, CPWD, MEA, Railway Board etc. etc.)
and granting 'weightage' are taken. Otherwise the next lot will continue to
stagnate. As an important measure,therefore, the ratio of 50:50 between direct
recruit Assistant Commissioner and the
promotee Assistant Commissioner should be changed to 10 (maximum) : 90 (minimum).
Besides promotee Assistant Commissioners can be immediately put to funtional
utility as they are adequately trained with long real-time experience.
Reason for amendment (2)
(i) The provision of maintenance of post-based roster should be
incorporated to rule out the possibility of erosion in the quota belonging to
any of the streams, (i.e., direct or promote) at any point of time.
To give an example -
The IC&CE Gr-A
Recruitment Rules 2012 (earlier of 1987, 1998), stipulate the entry-level
Group-A post of AC (also termed as JTS -Junior Time Scale) in the ratio of 50%
DR(UPSC) & 50% by Promotion(amongst
3 feeder categories).
The then sanctioned strength of JTS post (Assistant
Commissioner) is '949', while that of STS (Deputy Commissioner) is '601'. The
promotions are given to the JTS level 50% posts i.e. against '475'.
The Civil List published by CBEC on official website
"http://www.cbec.gov.in/deptt_offcr/civil-list2014-part2.pdf", for
01.01.2014; gives in Part-2, the list of Gr-A officers in the grade of AC/DC.
This list consists total '1284' Names ['950' Direct-UPSC(DC:291+AC:439+AC-Probationer:220),
and '334' Promotee (Cus Appraiser:198+Supdt Cus-P:18+Supdt CX:118)].
This indicates that against the '949' JTS
strength; the DR are '659 (439+220 higher
level posts are also to be added because they have been promoted after entry
into JTS)', while promotee are just '334'. THIS IS WRONG. The DR should
not be more than '475'. Again, of the 334 promotee; the Cus Appraiser are
'198'(59%), the Supdt Cus(P) are '18'(5%) & Supdt C.Ex. are '118'(35%).
(ii) The provision of maintenance of post-based roster should be
incorporated to rule out the possibility of erosion in promotion quota belonging
to any of the promotee streams at any point of time. This shall also ensure
parity within 3 feeder cadres of Gr-B.
To give an example, of the 334 promotee;
the Cus Appraiser are '198' (59%), the Supdt Cus (P) are '18'(5%) & Supdt
C. Ex. are '118' (35%) only.
5. Suggested Amendment Rule 5(3)(a)
The words ‘fifty percent’ should be substituted
by ‘minimum ninety per cent’.
Reason
Same as given against Rule 4 above.
6. Suggested Amendment for Rule 5(3) (b)
The
entire sub-rule shall be substituted by the following:
‘Hundred
percent of the temporary posts in Grade VIII (Junior Time Scale) i.e.,
Assistant Commissioner of Customs and Central Excise in the temporary strength
shall be filled by promotion from the officers and in the manner mentioned in
the sub-rule 5(3)(a) above’.
Reason
The
words ‘Grade IX (Junior Time Scale-Temporary posts) of the service specified in
Sl.No. 9 of schedule-I’ shall be omitted for the same reason and analogy given
in para 1 above.
As the laws implemented by the Assistant Commissioners promoted
against temporary posts do not make any such distinction as 'temporary or
permanent’, creation of separate grade of Assistant Commissioners is unfair and
discriminatory.
7. Suggested Amendment for NOTE below the Rule 5(3) (b)
The
note should be substituted as follows-
For
the purpose of making promotion from Group B to Group A from amongst the
categories of officers mentioned in Rule 3 (a) (i), a combined eligibility list
of the officers from amongst all of three feeder categories shall be prepared
with reference to the date of completion of the qualifying service by the
officers in the respective grade.
Reason-
This will rule out the possibility of working a senior officer under the
junior.
8. Suggested Amendment for Rule
5(3)(c)
A new clause 5(3)(c) shall be inserted after rule 5(3) (b) in
the following manner:
‘An officer who has completed 7 years (in consonance of DOPT guidelines) of combined regular
service in the Grade of Inspectors of Central Excise/Inspectors of Customs(Preventive)/Examiners
and Superintendents of Central Excise/Superintendents of
Customs(Preventive)/Appraisers, shall be eligible for promotion directly to the
Grade of Deputy Commissioner(Senior time Scale) in Grade VII in the manner
prescribed under sub-rule 5(3)(a). A
specific clause should also be inserted to promote the officer to higher grade
on completion of 1½ of qualifying service.
Reasons
Most
of the Group ‘B’ gazetted officers in the Central as well as State governments
are being promoted directly to a Senior Time Scale (STS) posts with Grade
Pay of Rs. 6600/- in PB-3 including CSS, CPWD, Railway Board, CSSS, AFHQ,
Rajya Sabha Secretariat, Forest services, Police services, Foreign Services,
Engineering services, State services etc., whereas the Group ‘B’ gazetted officers
of CBEC are being promoted merely to a Junior Time Scale (JTS)
post with Grade Pay of Rs. 5400/- in
PB-3. These Gr-A officers should also be granted promotion directly to a
Senior Time Scale post with Grade Pay of Rs. 6600/- in PB-3 to maintain parity
with similarly placed employees of CSS & other Central
Ministries/Departments.
Apart
from the promotion directly to STS post, the counterparts of Gazetted
Gr-B officers of CBEC are also given benefit of seniority in group ‘A’ at
many places in lieu of the service rendered by them in group ‘B’ in various
services in Railways, Administrative Services, Police Services, State Services
etc., these group ‘B’ gazetted officers are also allowed the weightage of
minimum of four years at the time of entry into group ‘A’, giving them the due
benefit of seniority in lieu of the service rendered by them in the group ‘B’.
The
position in CPWD is even more encouraging where an officer with a grade pay of
Rs. 4600/- is being directly promoted to a post with a grade pay of Rs. 6600/-
(STS) and further directly to a post with the grade pay of Rs. 8700/- . Thus,
they don’t need to serve on a post with a grade pay of Rs. 4800/-, 5400/- and
7600/- for promotion to the post with a grade pay of 8700/- after entry into a
post with grade pay of Rs. 4200/-. Whereas in CBEC the Inspector Central Excise
who is recruited at Grade Pay of Rs.4600/- is not allowed to move beyond the Rs.5400/-
grade pay.
It
is known fact that, the Central Excise Inspectors of CBEC and Assistants
of the Central Secretariat Services (CSS), both Group-B non Gazetted officers being
analogous posts,, are recruited through a common entrance examination conducted
by the Staff Selection Commission with common scale of pay but Central Excise
Inspectors are retring in a grade pay of Rs. 5400/- whereas Assistants of CSS
are reaching the grade pay of 10000/- or above..
9. Suggested Amendment for Rule 5(4)
It should be substituted as below-
The
vacancies to be filled by promotion shall be filled from out of the three Group
B categories of officers by making a combined eligibility list of the officers
from amongst all of three feeder categories with reference to the date of
completion of the qualifying service by the officers in the respective grade.
Three Notes shall be inserted after the Rule 5(4) in the following
manner:
“Note 1: The promotion to Grade VIII is provisional and shall be
made applicable for promotion till the introduction of promotion on the basis
of a combined eligibility list prepared taking into account the continuous
dispensation of service since the recruitment (either direct or by promotion) in
the entry level Executive grade of Inspector, Preventive Officer and Examiner.”
“Note 2: It must be ensured that at all
point of time the parity in promotion in respect all the 3 feeder grades is
maintained with reference to such eligibility
list based on the base cadre parity. To achieve this, the entire promotion
quota of the feeder grade/s, which is/are ahead of other feeder grade/s by the
yardstick of base cadre parity, shall be, at the time of promotion, given to
the feeder grade/s which is/are lagging behind .
“Note
3: The pending regularisation of ad hoc promotions to Grade VIII, made from the
3 feeder categories, shall be made by applying the ratio prevalent at the time
when the regularisation is being made.”
Reason
It is well known that the strength of the cadre strength of
Executive grades of Gr B kept fluctuating for various reasons. To avoid future
litigation vis-a-vis dis-parity in promotions, this provision is necessary.
Considering the acute stagnation in
the grade of Superintendent/Inspector of Central Excise relaxation of
Recruitment Rules can be resorted to in respect of a class or category of
persons as per provision of Para 4.3, of PART IV on AMENDMENTS AND RELAXATIONS,
of 'the Guidelines on Framing/Amendment/Relaxation of RRs' issued by DoP&T
in 2010. This is also in conformity with
the Article 309 of the Constitution of India which is primarily designed
to obtain fairness and equity in recruitment, promotions and other service
related matters. As the Superintendents of Central Excise are getting just
one promotion unlike the officers of other Department, RRs should be framed
accordingly to bring just, fairness and parity.
10. Suggested Amendment Sub Rule 5(5)(i)
1)
The first sentence shall be substituted in the following
manner:
‘Appointments
in the grade VII of Deputy Commissioner of Customs and Central Excise (Senior
Time Scale) shall be made from amongst the officers of grade VIII who have
either completed 4 years of regular service in the grade VIII or have completed
6 years of combined regular service in the Grade VIII and feeder grade or have
completed 7 years of regular combined service in the feeder grade (Group B
gazetted) and basic feeder (Inspector) grade to Grade VIII, whichever is
earlier.
2)
The second sentence shall be deleted.
Reason
1.
The Deputy Commissioner of Customs and
Central Excise (Senior Time Scale) in Grade VII is not a distinct functional
grade with any higher level of responsibilities or any change of command than
those associated with the grade of Assistant Commissioner of Customs and
Central Excise (Junior Time Scale) in Grade VIII. The creation of such grade is
essentially mitigatory and intended to alleviate the stagnation. It is akin to
grant of the scale of pay in the mode of prevalent non-functional selection
grade (NFSG). Accordingly, declaring those officers as Deputy Commissioner of
Customs and Central excise (Senior Time Scale) in Grade VII who have completed
the combined qualifying service is only logical and fair. The Grade VIII should
be used only for direct recruitment to the extent of maximum 10% and promotee
officers should be promoted directly to Grade VII from Group B Gazetted Grade.
2.
The condition that “the service rendered
by the officers in temporary post in Junior Time scale shall not be counted as
‘regular service’ for the purpose of promotion to higher grade(s)” is in
conflict with the definition of ‘regular service’ given in sub-rule 2(h) ibid.
It flows from complete misunderstanding between the term ‘post’ and the
expression ‘an officer appointed in a grade through such post’ either by
way of promotion or direct recruitment or through permanent post or temporary
post. Once the officer is appointed in a particular grade, he or she will be
regarded as belonging to the service under which the posts exist and in this
respect, no difference can be made between officers appointed either through
permanent post or through temporary post, by direct recruit or by way of
promotion. The continuation or counting of the regular service of that officer
in that grade is in no way dependent on the fate or tenure of the post. So the
service rendered by an officer in the grade of Assistant Commissioner (junior
time scale) has to be regarded as ‘regular service’ irrespective of appointment
by way of promotion or direct recruitment or to a permanent post or temporary
post. Therefore, the above provision which seeks to preclude any further
elevation of the Assistant Commissioners promoted against temporary posts is
wholly arbitrary and legally untenable.
11. Suggested Amendment for Rule 5(5)(iii)
The entire Rule 5(5)(iii) should be deleted.
Reason
The whole rule is clearly violative of Article 14 of Constitution
of India. The manner of appointment in the grade of Deputy Commissioner of Customs and
Central Excise (Senior Time Scale) (Grade VII) is already incorporated
exhaustively in the sub-rule 5(5)(i) of the proposed amendment. Moreover, the
contention of this sub-rule is not tenable for the reasons already stated
above.
12.
Suggested Amendment for Rule 6
The
words ‘by promotion in Junior scale’ should be omitted.
Reason
This
clause is essentially meant for new entrants. The officers on promotion already
after many years of service and endowed with vast experience should be given
due weightage and be exempted from such probation/confirmation.
13. Schedule-I to the RRs
1) Amendment
The
following amendments shall be made in respect of sl. No. 8 of Schedule I:
Sl.
No. 8 Col. (3) Number of posts shall be:
(a) Permanent strength 1249
(b) Temporary strength 2118
2) Amendment
A Note shall be inserted at the end
of sl. No.8 in the following manner:
Note: The continuation of the temporary post beyond
the period for which these are created shall be reviewed by the Govt based on
the factors of workload, stagnation etc. However, as
long as an officer, after appointment in a particular grade against a post
(permanent or temporary), remains in that grade in conformity with the service
conditions, the post (permanent or temporary) against which the said officer is
appointed shall not be declared as abolished and service rendered on temporary
post will be counted for the purpose of seniority, further promotions etc.
Reason
This is in conformity with the Cabinet approval under CBEC F.No. A. 11019/08/2013- Ad.IV dated 18.12. 2013, para 7 of
which states that " wherever the posts recommended for
abolition are filled up at present, such abolition will be effective on such
posts being relinquished by the existing incumbents by way of promotion,
transfer, retirement, resignation etc"
As per various legal verdicts given by various courts including
the Apex one, even the stipendiary period during training is counted for
various service purposes.
3) Amendment
The
entry against Sl. No. 9 should be deleted.
Reason
(a)
Definition
of the term ‘post’ under Rule 2(g) ibid, includes permanent as well as
temporary post in all grades. Accordingly, authorised
strength necessarily indicates and includes appointment in any post under
Indian Revenue Service (Customs and Central Excise) Group A Recruitment Rules.
The mention of the permanent and the temporary post in the column against the
sl. No. 8 of the Schedule-I in respect of the single grade Assistant
Commissioner (junior time scale) in Grade VIII shall suffice.
(b) So,
the clause ‘Grade IX’, wherever it appears, needs to be omitted.
13. Schedule-III of
RRs
Suggested Amendment
The
following amendments shall be made in respect of sl. No. 7 and 8 of Schedule
III:
Sl.
No. 7 Col. (4)
Appointments
in the grade of Deputy Commissioner of Customs and Central Excise (Senior Time
Scale) (Grade VII) shall be made from amongst the Officers of grade VIII who
have either completed 4 years of regular service in the grade VIII or have
completed 6 years of combined regular service in the Grade VIII and feeder grade
or have completed 7 years of combined regular service in the feeder grade
(Group B gazetted) and basic feeder (Inspector) grade to Grade VIII, whichever
is earlier. The officers joined the job as Inspector shall be granted this
grade automatically on completion of 10½ years of service on in situ basis even
in case of the required number of vacancies not being existed.
Word
‘directly’ should be added in between the words appointed and to in IInd para.
Sl.
No. 8 Col. (3)
(a) Permanent strength
(i)
Maximum 10% by Direct Recruitment
(ii)
Minimum 90% by promotion
(b) Temporary strength
-100%
by promotion
Col.
(4)- Ist para should be substituted as “Minimum 90% of vacancies against
permanent strength in Grade VIII (JTS) shall be filled by promotion in
accordance of Rule 5(3)a from amongst the following categories of Group B
officers in the Central Excise, Customs and Narcotics department by making a
combined eligibility list of the officers from amongst all of three feeder
categories with reference to the date of completion of the qualifying service
of two years by the officers in the respective grade."
Sl.
No. 9 Should
be deleted entirely.
Reason
For
Sl. No. 7. : For reasons as already appended against sub-rule 5(5)(i) above.
For Sl. No. 8. & 9. : For reasons as already appended
against Schedule-I above. The changes in sl. No 8 have been detailed against
sub rule 5(2) and sub rule 5(3)(a) of
the draft RRs.
Sl.
No. 6 : The following para should be added in Col. (4)-
Or the officers
completing 12 years of service after joining as
Inspector. The
officers joined the job as Inspector shall be granted this grade automatically on
completion of 18 years of service on in situ basis even in case of the required
number of vacancies not being existed.
Sl.
No. 5 : The following para should be added in Col. (4)-
Or the officers entered 17th
year on Ist January of the year calculated from the year following the year of
examination on the basis of which they were recruited as Inspector or Ist
January of the year calculated from the year following the panel year on the
basis of which they were promoted as Inspector. The officers joined the job as
Inspector shall be granted this grade automatically on completion of 24 years
of service on in situ basis even in case of the required number of vacancies
not being existed.
Sl.
No. 4 : The following para should be added in Col. (4)-
Or the officers
completing 20 years of service after joining as
Inspector. The
officers joined the job as Inspector shall be granted this grade automatically
on completion of 30 years of service on in situ basis even in case of the
required number of vacancies not being existed.
Sl.
No. 3 : The following para should be added in Col. (4)-
Or the officers
completing 23 years of service after joining as
Inspector. The
officers joined the job as Inspector shall be granted this grade automatically
on completion of 34½ years of service on
in situ basis even in case of the required number of vacancies not being
existed.
Sl.
No. 2 : The following para should be added in Col. (4)-
Or the officers
completing 24 years of service after joining as
Inspector. The
officers joined the job as Inspector shall be granted this grade automatically
on completion of 36 years of service on in situ basis even in case of the
required number of vacancies not being existed.
Sl.
No. 1: The following para should be added in Col. (4)-
Or the officers
completing 26 years of service after joining as
Inspector. The
officers joined the job as Inspector shall be granted this grade automatically
on completion of 39 years of service on in situ basis even in case of the
required number of vacancies not being existed.
Reason for Sl. No. 1 to 6: It is very necessary to boost the
morale of the Inspector & Superintendent level officers already facing
extraordinarily acute stagnation whereas their common entry counterparts are
attaining the levels of Joint Secretary or above. This shall have the positive
impact on Govt revenue. At least in situ promotions at every level after
completion of 1½ times of qualifying service can be done based on the precedent
of promoting all Section Officers of CSS to the post of Undersecretary (STS) after
completion of 1½ of qualifying service in 1999 to boost their morals and
increase the efficiency after being recruited as Assistant. They are also being
promoted to the post of Joint Secretary on in-situ basis and also being planned
to be promoted to the post of Addl. Secretary.
14.
Schedule-IV of RR
Amendment
The following amendments shall be made in respect of sl. No. 8 and
sl. No. 9 of Schedule-IV:
Against Sl. No. 8 under column 3 the following shall be
substituted.
Sl. No. 9 To be
deleted entirely.
Reason
For
reasons as already appended against Schedule-I above and that for a single
grade, the constitution of the DPC should be identical. The role of UPSC should
be confined to direct recruitment of officers to Group-A at entry level grade.
It should not be involved for promotion of officers to Group-A level.
