Issues relating to CPC

Sl. No.	Demand	Para No. & Recommendation of CPC Report	Comments by Association
1	Higher Salary for Revenue officials	11.18.32: No doubt, revenue generation is an important segment of the government functioning. However, in the government system, working in a particular segment does not become the basis for determining pay. The Commission does not consider this demand justified.	Revenue officials throughout world are granted higher wages and also better career prospects than other govt. employees to ensure highest level of job-satisfaction and resist temptations and also to attract & retain the best brains. So, attractive salaries & perquisites as well as promotional avenues are required to be granted to officers and staff of revenue department in view of the most important work function of revenue collection being performed by these officials for the govt. Recommendations of the CPC on this point are also totally opposite to the promise made by them during the discussions/meetings that they were going to give something extra/specific to the revenue officials.              The Hon’ble Chairman of 7th CPC was also pleased to confirm in Jodhpur meeting that revenue and defence officials would be given special treatment.
2	Superintendent grade posts in CBEC should be granted  parity with DSP of CBI, DCIO of IB, counterparts of CPOs etc.	11.18.58 to 11.18.63: Grade Pay of Inspector in CBI has remained higher than that of Inspector CE/Customs/Income Tax. Therefore, the Commission recommends only replacement scale to Inspector Central Excise. In case of Superintendent level posts in CBEC, the Commission recommends only normal replacement pay level for Superintendent of Central Excise/ Customs and Appraisers in CBEC.	Inspector and Superintendent grade posts in the CBEC have been analogous and at par with the posts of Inspectors and DSP/DCIO in CBI/IB. Factual position has been recorded incorrectly by the CPC regarding the pay scale of the Inspector level officers that CBI Inspector is already getting a grade pay of Rs. 4800/-. The fact is that both categories of Inspector (Central Excise and CBI) are getting a grade pay of Rs. 4600/-.               Till 7.2.1996, the pay scale of both promotional posts (Central Excise Superintendent and DSP of CBI) was same, i.e., Rs. 2000-3500/-. However, the Govt. of India vide OM dated 08.02.1996  enhanced the pay scale of DSP of CBI to Rs. 2200-4000/- retrospectively w.e.f. 01.01.1986 without recommendations of CPC and also without any increase in their responsibilities. The feeder posts of Inspectors of both categories have already been brought at par in the grade pay of Rs. 4600/- by the Govt. of India. Now, it is gross injustice not to bring the promotional posts (Central Excise Superintendent and DSP of CBI) at par particularly when the govt. (department of expenditure) also admitted under RTI that pay scale of Central Excise Superintendent was enhanced to Rs. 7500-12000/- to grant them parity with the DSP of CBI/DCIO of IB. Accordingly, the pay scale of Central Excise Superintendent should have been enhanced to Rs. 8000-13500/- instead of Rs. 7500-12000/-. The Central Excise Superintendents have been ignored despite of new and higher responsibilities of judicial nature conferred upon them very well after the implementation of 6th CPC report vide Circular No.  922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10 by making due amendments in relevant Act. They have also been conferred with new and higher responsibilities of technical/scientific nature in ACES since 2010 very well after the implementation of 6th CPC report. The claim of Superintendents becomes even stronger on account of recording statements like a Magistrate under Section 14 of Central Excise Act & Section 108 of Customs Act having validity even before Supreme Court. No such responsibilities have been conferred upon any counterpart of them. Not only it, the Adjudication Orders are also being prepared by them for the Commissioner level officers {C.No. II-3(3)Estt/T&P/Supdt/D-II/2015/4324 Dt 10.08.15}.                       Govt. enhanced pay scale of DSP of CBI considering them as Police Organisation while Hon’ble CAT as well as Vth CPC didn’t agree to consider CBI as Police Organisation. However, Special Police Establishment (Executive Staff) Recruitment Rules and CBI Recruitment Rules, 1987 consider department of Central Excise as a Police Organisation. Section 21 of Central Excise Act and Section 53 of NDPS Act confer powers of Officer-in-­Charge of Police Station on Central Excise officers. Not only it, the Central Excise personnel are also deployed on borders, International Airports and International Sea Ports. These personnel have suffered heavy casualties while dealing with trans-border criminals and countering with dreaded smugglers. In fact in J & K, North Eastern states and other border areas of India, Central Excise personnel are deployed side by side with Army, BSF, CRPF and ITBP on the same location.  Despite of the fact that service conditions of Central Excise personnel are akin to Police Organisations, CBI/IB and Defence Armed Force personnel, they are not compensated with any additional incentives or allowances as in the case of CBI, IB, Police, Army etc. Also as per the OM issued vide F. No. 8/B/90/HRD (HRM)/2011 (Part-I)/4853 Dt. 21.10.14 and No.C.30013/11/2011-Ad.IV.A Dt.02.08.13 of the Govt. of India, the Central Excise Superintendents perform their duties in the nature and style of ‘Military’ and ‘Navy’.                     For a pay increase of mere Rs. 200/-, Central Excise Inspector has to wait for 18 years on an average (even upto 25 years in stagnated zones) before being promoted to post of Superintendent with GP-Rs. 4800/- in PB2. Whereas in case of CBI/IB, analogous Inspectors are being promoted to post of DSP/DCIO with GP-Rs. 5400/- in PB3.             It is reiterated that the Inspectors (feeder posts) of Central Excise and CBI/IB have already been placed at par in a grade pay of Rs. 4600/- but promotional posts, i.e., Central Excise Superintendent (GP-Rs. 4800/-) and Deputy Superintendent of CBI/DCIO of IB (GP-Rs. 5400/- in PB3) are yet to be placed at par. Hence, both promotional posts (Central Excise Superintendent & DSP of CBI/DCIO of IB), being analogous, may also kindly be placed under equal pay scale to undo the disparity by placing Central Excise Superintendent in a pay scale equivalent to a grade pay of Rs. 5400/- in PB3. It is also worth to submit that the nodal authority of Expenditure Department had already approved to grant a grade pay of Rs. 5400/- in PB2 to our Superintendent in consonance of the para 7.15.24 of the report of 6th CPC to grant them parity with Chief Enforcement Officer but lower authorities of expenditure misled the CBEC on the pretext of referring it to the VIIth CPC. The pay scale of Chief Enforcement Officer was enhanced without recommendations of CPC and they are being paid 25% extra salary per month also without the recommendations of CPC. DSP of CBI etc. are also being paid 25% per month extra salary and also 13 months salary in the year.                 Plea by group ‘B’ gazetted officers for grant of GP of Rs. 5400/- in PB3 has been turned down stating that it is group ‘A’ entry scale. That being the case, how could group ‘C’ post of Inspector of CBI be upgraded to GP of Rs. 4800/- keeping several group ‘B’ gazettted cadres in GP of Rs. 4600/-. Moreover once upon a time, the feeder post of Assistant and promotional post of Section Officer were placed in the same pay scale in CSS. Likewise, feeder and promotional posts were being placed in the same pay scale in Audit and Accounts services.  It is also a fact that  pay of any Assistant Commissioner (direct) will always be less than a Superintendent on account of acute stagnation at Inspector and Superintendent level. Accordingly, there should not be any problem to place the Superintendent and Asstt. Commissioner in the same pay scale. This problem may, however, be solved by promoting the Superintendent directly to STS post like many other counterparts or even making the group ‘A’ entry at Level 11 (equivalent to GP of Rs. 6600/-).
3	Superintendent level officers should be promoted directly to STS and from STS directly to JAG (NFSG).	11.18.64 to 11.18.66: Acceptance of demand will result in dilution of Group ‘A’ Services, which is not desirable. Commission therefore recommends normal replacement pay level to Superintendents of Central Excise.	The most of group ‘B’ gazetted officers in Central as well as State governments are being promoted directly to a Senior Time Scale (STS) post with Grade Pay of Rs. 6600/- in PB-3 including CSS, CPWD, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, Rajya Sabha Secretariat, Enforcement Directorate in Revenue Department itself, Forest services, Police services, Foreign Services, Engineering services, State services etc., whereas Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with Grade Pay of Rs. 5400/- in PB-3. Central Excise Superintendents may also kindly be promoted directly to a STS post. They may further be promoted to the post having the grade pay of Rs. 8700/- (like CPWD where group ‘A’ direct entry is also in a grade pay of Rs. 5400/- in PB3 like CBEC) from STS post keeping in view their extraordinarily acute stagnation. This point of promotion to STS was also appreciated and agreed by the Hon’ble Commission in Mumbai hearing. It is worth to note that the posts under the grade pays of 5400/- & 6600/- and 7600/- & 8700/- have no functional difference.
4	Superintendent grade officers in CBEC should be allowed minimum 5 promotions after joining as Inspector. If 5 functional promotions are not possible, they should be granted at least 5 in-situ promotions in the hierarchy of functional promotion.	11.18.67 to 11.18.68: A study team has been constituted by the CBEC to do exhaustive examination of the stagnation in group ‘B’ executive grades and suggest measures. As part of cadre restructuring exercise of 2013, 2118 temporary posts of Assistant Commissioners in GP Rs. 5400 (PB3) have been created, which are to be filled 100 per cent by promotion of Superintendent Customs (Preventive)/Excise/ Appraisers. The Commission observes that this move would provide adequate career progression for these feeder grades viz. Superintendents and Inspectors of Customs & Central Excise.	The position has been recorded totally in wrong manner by the CPC. Fact is that 2118 Temporary posts of Assistant Commissioner have been created only for five years. Further, service rendered in these temporary posts will not be counted for further promotion. Moreover, these posts have not been included in IRS Rules. The officers working against these posts will be reverted back to feeder post as soon as five years are completed as per the draft rules circulated by CBEC. Thus, the assumption of the CPC that creation of 2118 temporary posts of AC would provide adequate career progression is totally misplaced. This is the only reason that the cabinet/CRC/Cabinet Secretary approved to bring some specific scheme for group ‘B’ Central Excise Executive officers independent of cadre restructuring to remove their stagnation.                 But very unfortunately, no measures have been taken till date to remove the stagnation of group ‘B’ executive officers in CBEC despite of recommendations of Cabinet/CRC/Cabinet Secretary. The so called study team has done nothing to resolve the issue of stagnation in group ‘B’ executive grades.
5	Direct recruitment quota in the post of Assistant Commissioner be reduced from 50 per cent to 10 per cent.	11.18.69 to 11.18.70: Attributes of an Organized Group A service is that direct recruitment cannot be less than 50 per cent. Reduction in percentage direct recruitment below 50 percent will adversely affect the status of IRS (C&CE) as an organized Group ‘A’ Service. In this backdrop, the Commission would not recommend reduction in the direct recruitment quota as demanded by the Association.	The version of CPC doesn’t seem correct. There is already a quota of only 25% for direct recruitment of group ‘A’ officers in Indian Postal Service. Not only it, the reduction in the direct recruitment quota will have positive effect on the status of IRS (C&CE) as an organized Group ‘A’ Service instead of any adverse effect. If the direct quota is not reduced, the stature of group ‘A’ service will be distorted and a day will come when the Chairman of the CBEC and Asstt. Commissioner will belong to one and same batch. Thus, reduction of direct quota in group ‘A’ is not only required to improve the career prospects of group ‘B’ officers but also required to protect the character & stature of the group ‘A’ service.              It is also worth to mention that DOPT has already asked to restrict the direct entry to group ‘A’ service merely to 3% of the sanctioned cadre strength vide letter D.O. No.I-11019/13/2015-CRD Dt. 21.01.16 of Joint Secretary (S&V-II).
6	Weightage of service rendered in group ‘B’ to Central Excise Superintendents	7th CPC is silent	The weightage of service rendered in group ‘B’ may also kindly be given to Central Excise Superintendents by granting seniority at least of 1 year for every 3 years at the time of entry into group ‘A’. This weightage of group ‘B’ service was also recommended by IIIrd CPC and already exists for group ‘B’ officers entering into All India Services.
7	Time scale after 4 years of service to be granted in PB3 instead of PB2 to Central Excise Superintendents	It has been recommended in PB2 for all including officers of CSS by 7th CPC	The Central Excise Superintendents are also required time scale after 4 years of service to be granted in PB3 instead of PB2. Time scale has been granted in PB3 to other counterparts including CSS, CSSS, Railways, DANICS, DANIPS etc. since 1996 while it is merely in PB2 for Central Excise Superintendents since 2006. Central Excise Superintendents were placed in pay scale of Rs.7500-12000 w.e.f. 21.04.04 while officers of CSS & CSSS etc. were placed in equivalent scale w.e.f. 01.01.06 justifying stronger claim for Superintendents for time scale in PB3 w.e.f. date of grant of same to officers of CSS & CSSS. It is also worth to submit that the pay scale of the Assistants & Section Officers etc. of CSS was enhanced to grant them parity with Inspectors & Superintendents of Central Excise {F.No. 61(128)/E.III(B)/2012 Dt. 08.08.13}. Now, it is discriminating not to grant the time scale in PB3 to the Central Excise Superintendents at least at par with the Section Officers of CSS, CSSS etc. w.e.f. 01.01.96.
8	Uniform promotional hierarchy for group ‘B’ officers	7th CPC is silent despite of recommending parity for officers of headquarters and filed formations	The promotional hierarchy is also required to be made uniform for all group ‘B’ officers in the govt. of India. Promotional hierarchy is varying department to department. Somewhere Group ‘B’ Gazetted Officers are promoted to a Grade Pay of Rs. 5400/- in PB3 whereas they are being promoted to a Grade Pay of Rs. 6600/- at other places. Like it, somewhere Group ‘B’ Non-Gazetted Officers are promoted to a Grade Pay of Rs. 5400/- in PB3 whereas they are being promoted to a Grade Pay of Rs. 4800/- or Rs. 4600/- at other places. Somewhere promotional hierarchy is 4600à6600à8700 (CPWD etc.), somewhere 4600à4800à6600à7600à8700 (CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, RajyaSabha Secretariat etc.), somewhere 4600à5400à6600à7600à8700 (CBI, IB, Hindi departments etc.) & somewhere it is 4600à4800à5400à6600à7600à8700 (CBEC, CBDT, Postal Department etc.). So, promotional hierarchy after entry into group ‘B’ may kindly be made uniform for 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’ should kindly be only “4600à6600à8700à10000” 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. The point of uniform promotional hierarchy was also appreciated and agreed by the Hon’ble Commission in Mumbai hearing.
9	NFU at par with CSS	7th CPC is silent despite of recommendations from CBEC	It is pertinent to mention that CBEC (as advised by the Department of Expenditure) recommended vide F. No. 8/B/70/HRD (HRM)/2014 Dt. 16.01.14 a proposal to the CPC for grant of non-functional financial upgradation to Group ‘B’ Executive officers at par with the analogous posts in Central Secretariat Service. But CPC does not appear to have examined this proposal.              The grant of NFU was agreed by the Hon’ble Chairman of 7th CPC in Jodhpur meeting.
10	Flexible/dynamic promotion/complementing scheme to be introduced for Central Excise Executive Officers after entry into Inspector grade	7th CPC is silent	It is reiterated that a scheme is required to be formulated to enable our officers also entered into PB4 levels (at least a grade pay of Rs. 8700/-) like the common entry counterparts of CBDT, CSS, Customs etc. as we are getting salary even less than the pension of our counterparts. This can be done by introduction of flexible/dynamic promotion/complementing scheme. Such scheme was introduced for the Scientists in the Department of Science & Technology to remove their stagnation. Central Excise Superintendents are retiring with single promotion on a PB2 post in career of 35-40 years whereas their common entry counterparts of Customs, CBDT, CSS etc. are easily entering into PB4 with 5-6 promotions. 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 and shall become Commissioner in near future whereas the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (GP-Rs. 5400/- in PB3). So, Central Excise Superintendents may kindly be granted at least 5 in-situ promotions in hierarchy of functional promotions under flexible/dynamic promotion/complementing scheme.              This scheme was agreed to be recommended for Central Excise Superintendents by the Hon’ble Chairman of 7th CPC in Jodhpur meeting.
11	Upgradation on completion of residency period as prescribed by DOPT for grade to grade promotions	7th CPC is silent	Residency periods have been prescribed by the DOPT for promotion from one grade to another vide OM Dt. 24.03.2009. No need to say that the same have been prescribed by DOPT with due diligence and application of mind. It is requested to grant non-functional upgradations/in-situ promotions on completion of residency periods as prescribed by DOPT under OM dated 24.03.2009 to Central Excise Executive Officers after entering into Inspector grade particularly keeping in view their extraordinarily acute stagnation.               This was agreed by the Hon’blr 7th CPC in Delhi meeting.
12	Merger of level 9 and 10		Pay Commissions always worked to merge the pay scales. The creation of Grade Pay of Rs. 5400/- in PB2 and PB3 by 6th CPC was illogical, unjustified and a gross mistake. This led to discrimination, resentment and consequential litigations. It was expected that this CPC would remove this disparity by merger of this bifurcation of single grade pay but, very unfortunately, the CPC has retained the same as Level 9 and Level 10. The same is, therefore, requested to be merged at Level 10.