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Dear friends,
Namaste.
Being contacted by the
administration through various sources since 12.01.16, a meeting was held
with us in the Board under the Chairpersonship of Member (P&V) of CBEC.
The points discussed with them are attached herewith. There were due
deliberations on each & every point. Due interactions were made with the
authorities including Member, DG of HRD, JS (Admn.) and concerned Deputy
Secretary/ies. The Chairperson assured to take effective measures on all of
the points. As a result of the regular talks since 12.01.16 and seemingly
positive attitude of concerned authorities, the Satyagraha programme of
17.01.16 was deferred on the appeal of the administration on 13.01.16 itself.
Let us, however, wait for the minutes and final result. We have to be well
prepared for further steps depending upon the minutes/result.
They initially showed their
inability to conduct the immediate DPC for the post of Assistant Commissioner
due to the pendency of legal/stay cases in the various courts on reservation,Gr-A RRs, seniority list etc. They,
however, finally said that they would get the opinion of AG on the issue to
take some decision accordingly.
However, it is very unfortunate
that all units didn’t serve the Notice of Satyagraha to concerned local
authorities. Preparedness at all places except a few was also missing. This
is not the way to observe any programme. Perhaps the units were overconfident
or it may also be complacence on their part. Despite of such scenario before
the observance of the programme, it is said by many why the programme was not
observed (if deferred due to one reason or other). Don’t forget friends that
the observance of all united and effective Satyagraha programmes is the only
key to our success. So, kindly be ready and well prepared for big programmes,
if forced upon us by the administration. Our vested interests should only be
fair pay packages, job-satisfying career prospects, respectful working
conditions, graceful treatment from the authorities, self-esteem etc. But
nothing is possible for us without the highest degree of unity and hundred
percent participation to observe the said programmes. We all have to be
hundred percent committed and dedicated to achieve our goals without any
greed for any undesirable and disgraceful vested interest.
Love.
RAVI
MALIK.
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ALL INDIA ASSOCIATION OF
CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President: Address for
communication: Secretary General:
R. Chandramouli 240, Razapur,
Ghaziabad-201001 (U.P.)
Ravi Malik
Mob. 08939955463 mail
Id:ravimalik_sweet@yahoo.com,
Site: cengoindia.blogspot.in Mob.
09868816290
Vice Presidents: P. Parwani, L. L. Singhvi (Central); Anurag Chaudhary, Ravi Joshi
(North); N. Raman, G. Srinath (South); B. K. Sinha, Ashwini Majhi (East);
Rajesh Chaher, J. D. Patil (West) Joint Secretaries: Anand Kishore, J.
S. Iyer (Central); R. K. Solanki, Ashish Vajpeyi (North); M. Nagaraju,
Ajithkumar P. C. (South); P. K. Sen, S. Bhattachariya (East); Jasram Meena, M.
K. Mishra (West) Office Secretary: C. S. Sharma Treasurer: N. R.
Manda Liaison Secretary: A. S. Kundu
Coordinator on Telangana: P. Shravan
Kumar
(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. 07/M/16
Dt. 13.01.16
To,
Ms. Vanaja N. Sarna,
Member (P&V), CBEC,
North Block, New Delhi.
Sub: Meeting under Employee Grievance Redressal Mechanism.
Madam,
Kindly
refer to letter F. No. C. 30013/6/2012-Ad IVA. Vol. II Dt. 12.01.16 of the
CBEC.
2. The following points are
submitted for due redressal-
I-DPC
(i). Immediate conducting of pending DPCs
for the post of Asstt. Commissioner as per DOPT provisions as our officers are
regularly retiring without promotion despite of a huge number of promotional
vacancies being in hand: The
CBEC has conducted the DPC only upto 2013-14 for the post of Asstt.
Commissioner. Next DPCs for the said post are
terribly delayed. DPC for 2014-15 and 2015-16 was to be conducted in the month
of January, 14 and January, 15 respectively and already overdue. DPC for
2016-17 is also due in January, 16. It is requested that the said DPC upto the
year 2016-17 may kindly be held immediately without further delay as our
officers are retiring regularly without rarest IInd promotion of career despite
of thousands of promotional vacancies being in hand. More than 450 officers
have already retired after October, 14 without promotion on account of delayed
DPC. The CBEC
has conducted the DPC only upto 2013-14 for the post of Asstt. Commissioner. It
is also worth to submit that 2118 posts of temporary Asstt. Commissioner have
been created merely for 5 years for the promotions of the promotee officers
only, out of which more than 2 years have already expired.
(ii). Conducting of single DPC to regularise
ad-hoc promotions since 1997 to the post of Asstt. Commissioner in accordance
with the rules existing on the date of regular DPC: It is requested to
kindly take immediate steps to complete the work as regularization has been
done only upto March, 2002 after 1997. As a special case, a single DPC may
kindly be conducted for the purpose in accordance with the rules existing on
the date of regular DPC instead of conducting the yearly DPCs. Regularisation
may kindly be done w.e.f. 1979 instead of 1997 as the rules applicable since
1979 have been replaced by current rules as per the directions of the Hon’ble
Supreme Court in W. P. (C) No. 385/10.
II-CAREER PROSPECTS
(i). Scheme to improve the
career prospects of Central Excise Superintendents/Inspectors to bring parity
with common entry counterparts of CSS etc. to retire our officers also in PB-4:
Our officers are
retiring with single promotion on a PB2 post whereas our counterparts are
easily attaining PB4 levels. The Group ‘B’ Gazetted officers of ours join the
job as Inspector (Group ‘B’ Non-Gazetted) and retire as Superintendent after
getting only one promotion during the entire service career of 35-40 years
barring 1% whereas other common entry counterparts including CSS and CBDT under
the same Department of Revenue of same Ministry of Finance are getting 5 to 6
promotions upto the level of Joint Secretary/Commissioner after being recruited
through one and the same process in the same grade. Central Excise Superintendents are also forced to work under
their extreme juniors of Customs (Examiners) belonging to one & same cadre
of Inspector and recruited through one & same process under one & same
organization of CBEC in one & same department of Revenue of one & same
Ministry of Finance with one & same administrative hierarchy. Examiner of
1984 has already become Addl. Commissioner (GP-Rs. 8700/- in PB4) after getting
5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd
promotion to JTS
post of Asstt.
Commissioner (GP-Rs. 5400/- in PB3). The matter was raised before the Cabinet Secretary and he
was pleased to recommend to the Cabinet to bring the measures to remove the
stagnation of our officers independent of cadre restructuring which was duly
approved by the Cabinet but no step has been taken till date even after expiry
of more than 2 years. There is no change in the scenario regarding our career
prospects despite of the repeated requests and representations made to the
administration. Gross injustice is being done to our officers despite of being
instrumental with full dedication & commitment to collect the biggest
portion of Govt. revenues always above the set targets on regular basis. It is
requested to kindly bring the scheme accordingly to enable our officers also
attain PB4 levels. Temporary posts of Asstt. Commissioner created in the cadre
restructuring are also unable to do the desired good for our officers, that’s
why the Cabinet approved to bring measures independent of cadre restructuring
on the issue of stagnation. These temporary posts will only enable to get
around 4% of our officers get JTS post without any right for further
promotions. Flexible
promotions scheme was introduced in the Department of Science & Technology
to remove the stagnation. Benefit of dynamic scheme has also been given to
Drivers. No need to say that Central Excise Superintendents are getting salary
even less than the pension of their
counterparts.
Kind
attention is also invited to the minutes drawn against point No. 2 (relating to
the framing of RRs to grant parity in promotions with inter-departmental
counterparts and enter our officers into PB4 too) issued vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of
CBEC of the meeting held under the Chairpersonship of the then Member
(P&V) on 31.01.13. It has very clearly been mentioned in the minutes that
the work of framing new RRs is going on and its progress is being monitored
very closely on regular basis. Further, it has been mentioned that the RRs as
per DOPT guidelines would be finalized soon. But very unfortunately, there
seems no progress in the matter. It is, therefore, requested that the said RRs
may also kindly be finalized immediately by prescribing the residency periods
in accordance of the DOPT OM issued vide No. AB-14017/61/2008-Estt.(RR) dt.
24.03.09 for the sake of parity under consultation with the Association.
(ii). Batch to batch Non Functional Financial Upgradation to the
Central Excise executive officers at par with the best placed counterparts of
CSS etc. on the lines of Group ‘A’ vs. IAS: The officers of other group 'A' cadres have been granted
financial parity in the form of NFU with the counterparts of IAS but no such
measures to grant at least financial parity to the Central Excise
Superintendents/Inspectors with the best placed group ‘B’ counterparts have
been taken despite of the revenue targets being achieved by us always above the
set targets and also being the most stagnated category of the group ‘B’ govt.
officers. It is requested to kindly grant us at least financial parity with the
best placed group ‘B’ counterparts like CSS etc. in the form of batch to batch
Non-functional Financial Upgradation (NFU) based on the precedent of group ‘A’
for the sake of justice particularly keeping in view our extraordinarily acute
stagnation.
(iii). Taking measures that no
senior officer of Central Excise is forced to work under the junior officer of
Customs recruited in the same grade in the same organization of CBEC: The
officers recruited as Central Excise Inspector are forced to work under extreme
junior officers recruited as Customs Examiner in the same grade/cadre of
Inspector through same process in the same organization of CBEC with same
administrative hierarchy and nature of job under the same Department of Revenue
of the same Ministry of Finance. It is
requested to kindly undo the discrimination by bringing them at par
maintaining the relative seniority in accordance of their initial recruitment
without reverting back the Customs side officers. Instead, our officers may
kindly be brought at par with them by promoting to respective levels. We wish
Customs side officers to get even more promotions but we also request that we
also be made at par with them being belonged to the same cadre and also
recruited through common process. It is worth to submit that 1984 Examiners
have already become Addl. Commissioner (5 promotions) and shall become
Commissioner soon whereas 1984 Central Excise Superintendents are still to
become Asstt. Commissioner (only 1 promotion) and shall retire from same level.
(iv). Non-functional
time scale in PB3 instead of PB2 to Superintendents after 4 years of
service like other counterparts of CSS etc.: Our officers have been granted the time scale in PB2 whereas other
counterparts including CSS,
CSSS, Railways, DANICS, DANIPS, AFHQ, MEA, MPA, CVC, UPSC etc. in PB3. It is requested to kindly undo the
discrimination.
(v). Next promotion of Central Excise
Superintendent to STS post like other group ‘B’ gazetted officers of Central as
well as State Governments: The
most of the group ‘B’ gazetted officers of Central as well as State Governments
are being directly promoted to a STS post including CSS, CPWD,
Railway Board, CSSS, AFHQ, MEA, Rajya Sabha Secretariat, Ministry of
Parliamentary Affairs, CVC, UPSC, Enforcement
Directorate in the Department of Revenue
itself, Forest services, Police services, Engineering services, Administrative
Services, State Services etc. while Central Excise Superintendents are being promoted (if any)
merely to a JTS post. It
is requested to kindly undo the discrimination by granting next promotion in
STS to Central Excise Superintendent also.
(vi). Upgradations in
accordance of the residency periods prescribed under
DOPT OM No. AB-14017/61/2008-Estt.(RR)
dt. 24.03.09: The said OM prescribes the residency periods for promotion
from one grade to another. No need to say that the residency periods under this
OM have been prescribed with the due diligence & application of mind by
DOPT. The same have not been prescribed merely to fulfil the decorative purpose.
The officers are able to get promotion within the prescribed periods at the
most of other places. But very unfortunately in our case, the officers are
unable to get the promotions even after the expiry of many times of the said
periods. A reasonable and minimum deviation from the said prescription may be
understood but many times deviation resulting in no promotion is noway
understandable. It is, therefore, requested that our officers may kindly be
upgraded to next grades immediately on completion of the relevant residency
periods.
(vii). Uniform promotional hierarchy for all group ‘B’
officers of Govt. of India: Promotional
hierarchy is varying department to department in the Central Govt. as under-
i)
Somewhere Group ‘B’ Gazetted Officers are promoted to a Grade Pay of Rs. 5400/-
in PB3(CBEC, CBDT, Postal Department etc.) whereas they are being promoted to a
Grade Pay of Rs. 6600/- at other places (CSS, Railway Board, CSSS, CPWD, AFHQ,
CVC, UPSC, MEA, MPA, Rajya Sabha Secretariat etc.).
ii)
Somewhere Group ‘B’ Non-Gazetted Officers are promoted to a Grade Pay of Rs.
5400/- in PB3 (CBI, IB, Hindi wings including CBEC etc.) whereas they are being
promoted to a Grade Pay of Rs. 4800/- or Rs. 4600/- at other places (CBEC,
CBDT, Department of Posts etc.).
iii)
Somewhere promotional hierarchy is 4600-6600-8700 (CPWD etc.).
iv)
Somewhere promotional hierarchy is 4600-4800-6600-7600-8700 (CSS, Railway
Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, Rajya Sabha Secretariat etc.).
v)
Somewhere promotional hierarchy is 4600-5400-6600-7600-8700 (CBI, IB, Hindi
departments etc.).
vi)
Somewhere promotional hierarchy is 4600-4800-5400-66007600-8700 (CBEC, CBDT,
Postal Department etc.).
So, promotional hierarchy after entry into group ‘B’ may
kindly be made uniform for the sake of justice to all. Posts under grade pays
of Rs. 5400/- & 6600/- and also Rs. 7600/- & 8700/- being functionally
same, ideal promotional hierarchy for all after entry into Group ‘B’ may only
kindly be “4600-6600-8700-10000” on the pattern of CPWD. Officer may kindly be
promoted, functionally or non-functionally, after the completion of residency
period as prescribed by DOPT vide OM No. AB. 14017/61/2008-Estt. (RR) Dt.
24.03.09. It is 7 years for 4600/- to 6600/- and 10 years for 6600/- to 8700/-
and further 3 years for 8700/- to 10000/- and so on.
III-PAY SCALE
(i). Initial pay scale
equivalent to the Grade Pay of Rs. 5400/- in PB3 to the Superintendent of
Central Excise w.e.f. the date of grant of the same to the analogous
counterparts of CBI etc. along with other perks& benefits as being granted
to the later ones: Our
officers are deprived of the due pay scale in comparison to the analogous
counterparts. Our analogous counterparts of CBI etc. have been granted the pay
scale equivalent to the grade pay of Rs. 5400/- in PB3 by the orders of 1996
with retrospective effect since 01.01.86 disturbing the well-established parity
by the govt. without the recommendations of CPC and also without any increase
in their responsibilities vs. our increased responsibilities. It is requested
to kindly undo the discrimination by giving same or better treatment to the
Central Excise Superintendent in the matter of pay scale w.e.f. 01.01.86. It is
also worth to submit that the Inspectors of Central Excise and CBI have already
been placed at par in the same pay scale w.e.f. 21.04.04. It is gross injustice
to Central Excise Superintendent by not granting the pay scale at par with DSP
of CBI particularly when the feeder posts of Inspectors have already been
granted the parity.
(ii). Implementation of the CBEC circular
issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of
pay: This circular
was issued based on the orders of Jabalpur CAT for the payment of arrears of
pay to our officers at par with the CBI Inspectors w.e.f. 01.01.86 but the same
is still
unimplemented. It is requested to kindly implement the same
immediately. Unfortunately, no action is being taken despite of repeated
assurances given by the administration.
(iii). Retrospective implementation of the
pay scale revision of Superintendents at par with NCB: Superintendents of NCB and
Central Excise were the part & parcel of one & the same RRs once upon a
time having a common seniority list for being promoted to the same post of
Asstt. Commissioner. Pay scale of Superintendents of NCB has been upgraded and
they have also been granted time scale after 4 years of service based on our
precedent. But they have been granted retrospective benefit of pay scale since
01.01.96 whereas we have been given prospective benefit since 21.04.04. It is
requested to undo the discrimination by placing Central Excise Superintendents
in the enhanced scale also w.e.f. 01.01.96 like the Superintendents of NCB.
(iv). Implementation of para 7.15.24 of 6th
CPC report: The
Chief Enforcement Officers under our own Department of Revenue were placed in
the pay scale of Rs. 8000-13500/- without recommendations by CPC vide Order F.
No. 1612612004-Ad.I.C dt. 04.10.05. The 6th CPC under para 7.14.25 recommended to
maintain parity between the post of
Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date.
Subsequently, the post of Chief Enforcement Officer was re-designated as
Assistant Director. The duties and responsibilities of Assistant Director
(re-designated) of Enforcement Directorate are at par with the duties and
responsibilities of the post of Central Excise Superintendent. The Central
Excise Superintendents join in Enforcement Directorate as Assistant Director on
deputation basis also. The Govt. (Department of Expenditure) has, however,
approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise
Superintendents on 21.11.14 considering para 7.15.24 of the report of VIth CPC
but the lower authorities in Expenditure wrote finally vide UO No. 6/37/98-IC
Dt. 24.11.14 to send the case to 7th CPC against the approval by the
competent authority. It merely shows the willful hostile discrimination against
Central Excise Superintendents by the lower rung authorities of Expenditure. It
is requested to kindly undo the discrimination by implementing the para 7.15.24
of 6th CPC report. The counterparts of Enforcement Directorate have
also been granted a special salary @ 25% of monthly salary which may also
kindly be granted to our officers.
IV-MACPS
Undoing of MACP irregularities
(para 8.1, upgradation in promotional hierarchy and offsetting of MACP
upgradation with time scale) as our officers were able to get the grade pay of
Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the
same after 30 years of service under MACPS: It is requested to
kindly undo the para 8.1 and offsetting of MACP upgradation with time
scale and also grant the MACP upgradation in the hierarchy of functional
promotions particularly based on the various court verdicts. It is reiterated
that our officers are the worst hit category under MACPS as they were able to get the grade pay of Rs. 5400/- in PB3 after 24
years of service under ACPS while now getting the same after 30 years of
service under MACPS.
Thanking
you,
Yours faithfully,
(RAVI MALIK),
Secretary General.
Copy with the
request for necessary action to:
1) The Chairman,
CBEC, North Block, New Delhi.
2) The Joint
Secretary (Admn.), CBEC, North Block, New Delhi.
(RAVI MALIK)
