Dear friends,
Namaste.
The Memorandum to be submitted on 17.01.16 may kindly be on the attached lines.
Love.
RAVI MALIK.
A. Immediate conducting of pending DPCs for the post of Asstt.
Commissioner 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.
B (i). Scheme to improve the career prospects of our officers to bring parity
with common entry counterparts of CSS etc. to retire our officers at PB-4 level
by granting at least 5 functional
promotions by introduction of
flexible/dynamic promotion/complementing scheme: 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.
B (ii). Batch to batch Non Functional
Financial Upgradation to our officers at par with the best placed counterparts
of CSS etc.: 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.
B (iii) 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.
C (i). Pay scale to Central Excise Superintendent at par with DSP of CBI etc.
w.e.f. the date of grant of same to later alongwith other perks & benefits
as being granted to later category: 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.
C (ii). Implementation of CBEC circular 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.
C (iii). Retrospective implementation of pay
scale revision of Central Excise Superintendent at par with NCB Superintendent:
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.
C (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.
D
(i). 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.
D (ii)
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.
