MINUTES OF THE MEETING OF CBIC
CONFEDERATION HELD ON 18.11.2018 AT NEW DELHI
As
per the call given by Shri Ravi Malik, Secretary General of AIACEGEO (All India
Association of Central Excise Gazetted Executive Officers), on behalf of the CBIC
Confederation which was formed to fight the issues of common interest by the
associations under CBIC, a meeting of the Confederation was held on 18.11.2018
at New Delhi. Sh. A. Venkatesh, President of AIACEGEO, and Shri Ravi Malik, Secretary
General of AIACEGEO, welcomed the delegates. Sh. A. Venkatesh and Sh. Ravi
Malik informed the delegates that the common agenda for all cadres was
forwarded to CBIC as below:-
1.
Parity with counterparts ensuring at
least 05 functional promotions and immediate DPC for all cadres;
2.
Parity in pay matters with counterparts;
3.
NFU at par with counterparts;
4.
Parity of officers selected through
SSC with the officers selected through State PCS, i.e., parity between central
officers and state officers under GST.
5.
Finalisation of seniority lists and
RRs (Recruitment Rules) under consultation with the concerned association.
Sh. Ravi Malik elaborated all of the
above points. He narrated that our counterparts in other departments are easily
getting 5 to 6 promotions. About DPC, he said that every DPC is being delayed
in our CBIC for our officers. He added that the clear disparity also exists in
the pay matters in comparison with our counterparts. He elaborated the NFU
being granted to Group ‘A’ counterparts of IAS with the difference of two
years, if they are not getting functional promotions at par with the
counterparts of IAS. He said that the above difference of two years in the case
of Group ‘A’ is discriminatory in itself and should be undone. He also said
that four years time scale is different from this NFU. This NFU is actually the
grant of the pay scale of the post on which our best placed counterparts are
working after being recruited with us. If we talk in the terms of GST, our
counterparts in the State GST are not only placed in higher scales than us but
have also been upgraded by one rank. By this, the counterpart CGST officers
have been placed below by one rank in comparison to the State officers. This
disparity should be removed. He specified that the state governments have
upgraded the post by one rank upto the ADC level under GST. In addition to it,
Superintendent level post has already been placed under a pay scale of Rs. 5400/-
in PB-3 in the state governments. He also reiterated that all seniority lists
should be updated and all RRs should be finalised under the consultation with
the stake holder association/s.
He added
that the issue of upgradation under GST is already being taken up since very
beginning by the AIACEGEO. Regarding the DPC for the post of Asstt.
Commissioner, he informed that some of our own colleagues tried and are still
trying to halt the DPC and the AIACEGEO had to get the stay on DPC vacated on
last two occasions, once in the High Court of Madras and other in the Supreme
Court. Regarding the implementation of the N. R. Parmar case, he informed that
it can be implemented only after the finalisation of the SLP filed by the CBIC
in the Supreme Court in the Bharathan matter. He also reiterated that the DPC
for any cadre should not be halted/lingered on due to any litigation. The House
unanimously agreed to him. Sh. Ravi Malik also suggested that Cadre Restructuring
proposal should also be signed by all constituent associations on the pattern
of CBDT which was agreed by all constituents and it was decided to write a
letter to the CBIC on this issue.
He further
elaborated the things relating to AIACEGEO regarding legal cases. He informed
that the AIACEGEO is already in the legal courts on various issues like pay
scale at par with the counterparts of CBI with arrears since 1986, arrears at
par with the counterparts of NCB since 1996, general implementation of the Subramanium
case relating to time scale after ACP/MACP upgradation, general implementation
of the Chandreasekaran case relating to MACP, Next promotion of our
Superintendent to STS post (Deputy Commissioner) instead of JTS post (Asstt.
Commissioner), grant of NFU at par with the best placed counterparts like CSS,
MACP case seeking Grade Pay of Rs. 7600/- after 30 years of service, four years
time scale in PB3 for our officers like other counterparts etc. etc.
He also mentioned that the AIACEGEO
has asked for 7000 Group ‘A’ entry posts meant for the CGST Divisions as per the
study of staff requirement made by the Association after the implementation of
GST. The posts relating to Customs, Audit, Headquarters,
Anti-evasion/Preventive etc. are in addition to these posts. He requested all
associations to study about the similar increase in Group ‘A’ entry posts. There
was consensus during the discussions that the prospects of promotion to Group ‘A’
would improve, if the number of posts at Group ‘A’ entry level meant for
promotion from Superintendents/Appraising Officers are increased. He also said that
they were offered 2/3rd quota for promotion to Group ‘A’ entry replacing the
existing ½. He further said that we agreed to it and also demanded it to be 80%
at least.
Sh. Pritam Dahiya,
Secretary General of AIAOF (All India Appraising Officers Federation), suggested
that the pay scale equivalent to Grade Pay of Rs. 5400/- in PB3 should be
granted to our Superintendents/Appraisers instead of the Grade Pay of Rs.
4800/-. He also emphasised that the senior-junior clause should be implemented
in our department as per the instructions given by the DOPT in 1996. This matter
should be taken up with the CBIC. He also informed that two vacancies are lying
vacant in NCJCM of the Department of Revenue. He said that these vacancies
should be filled-up from the associations under CBIC with the consent of all Associations
under CBIC. All of the points raised by him were unanimously supported by the
House. It was decided to write to the Board accordingly.
Sh. Abhijit
Bandyopadhyay, Secretary General of AICMOA (All India Customs Ministerial
Officers Association), suggested that the parity with the counterpart Administrative
Officers of Income Tax should be granted to the Administrative Officers working
in Customs/GST under the CBIC. He also informed that the RRs of Administrative
Officer have not been finalised and 54% posts are lying vacant in the
ministerial cadre due to non-finalisation of the RRs. More than 800 posts are
lying vacant in the grade of Administrative Officer. He also informed that they
are facing lot of problems in TA to EA promotions due to qualifying service being
increased whereas no such increase was made in Income Tax. CBIC did not consult
the stake holders for finalising the recruitment rules for EA as well as
Inspector though there are specific guidelines of Board/HRD as well as DOPT to
consult the stake holders on this issue. He suggested that the ensuing cadre
restructuring proposal should also be signed by the stake holder associations
before sending it to the DOPT like Income Tax. He further suggested that any
representation submitted by any association should be entertained by the CBIC by
informing to the concerned association whether accepted or not-accepted. The
House was in full support of his views. Sh. Ravi Malik added that the DPC can’t
be kept pending for the want of RRs as per the DOPT guidelines.
Sh. P. N.
Sarkar, President of AICPSF (All India Customs Preventive Service Federation),
informed that they had already submitted the cadre restructuring proposal to
the HRD of CBIC in which all points have been covered on the lines of AIACEGEO.
He agreed on all five points as given by the CBIC Confederation to the Board in
its initial letter. He suggested that a legal
forum should be created to achieve our goals. He added that they are
willing to contribute financially for the cases already filed by the AIACEGEO.
Sh. Ravi Malik welcomed his views. Sh. Sarkar also asked if the service rendered as temporary Asstt. Commissioner
would be counted or not for further promotions. Sh. Ravi Malik said that we
would have to go to the legal court for getting the service rendered as
temporary Asstt. Commissioner counted for the purpose of further promotions.
Sh. Sarkar said that the bottle neck of promotion of all cadres may be solved
by increasing the posts of Assistant Commissioner. In all cadre restructurings,
the benefit has been taken by the IRS people depriving other cadres. Thus,
position for other cadres became worse. Let's be united and snatch the benefit
for the rest of the cadres. He also said that they have demanded for 75 % promotional
quota for the promotee Asstt. Commissioners in their letter to DGHRD.
Sh. Mayank
Koleramana, Secretary General of AICPSF, had to leave the meeting in between
due to getting the news of a death in his close relation.
Sh. T. P. Manoj,
Vice President of AICPSF, informed that recruitment rules of Superintendent (Customs)
have not been finalised by the CBIC and so
many posts in all cadres have not been filled-up due to non-finalisation of the
recruitment rules. He also showed apprehension that the vacant posts may
be abolished during the ensuing cadre restructuring as DOPT has already
informed all ministries that long pending vacant posts should be abolished, if
not being filled-up by the concerned department/ministry. He said that the CBIC
may be requested by the Confederation to make the associations as
signatories of cadre restructuring proposal. If any association observes that
the points raised by the association have not been recorded in the cadre
restructuring proposal or the association is in disagreement with any of the points
or decisions regarding the cadre restructuring proposal, the association should
be allowed to get the disagreement included in the proposal. Since the cadre
restructuring proposal goes to the DOPT finally, let the disagreement or any
difference of opinion be highlighted. Sh. P. N. Sarkar, President of AICPSF,
was in full agreement with his Vice President.
Sh. A. K.
Chhari from AICPSF suggested that the inter-Commissionerate
transfers should be reinstated for the Inspector/PO/Examiner cadre. Sh.
Ravi Malik supported it and said that huge number of our officers are suffering
being away of their families due to the stoppage of inter-Commissionerate
transfers adding that there is no doubt that inter-Commissionerate transfers
should be reinstated. The House unanimously agreed to it and it was decided to
write a letter to the Board on this issue. Sh. Chhari also suggested that the
deputation should be allowed from Sea Customs to Land Customs and from GST to
all Customs Houses/Sea Customs/Land Customs on the lines of Airport policy.
Sh.
Rananjay Pratap Singh, President of AICEIA (All India Central Excise Inspectors
Association), agreed with all five points as mentioned above and appreciated
the work of CBIC Confederation. He suggested that one liaison officer should be
nominated for day to day work between ministry and concerned department. He
also suggested that one meeting with the administration/MOS is immediately
required to consider our all points in positive manner. He added that the
meetings with the administration are required at the interval of every 2 to 3
months. He also suggested that one preparatory meeting is required with the
administration before going for any meeting with other higher ministry/nodal
department like expenditure, DOPT and anomaly committee.
Sh. Harpal
Singh, Joint Secretary of AIACEGO and President of Meerut Zone, said that the Grade
Pay of Rs. 5400/- in PB-2 and Grade Pay of Rs. 5400/- in PB-3 are same as so
many legal courts are also giving the judgements that there is no difference
between the Grade Pay of Rs. 5400/- in PB2 and PB3. He objected as to why the
CBIC and also Manimohan & associates are asking for the post of Senior Superintendent
in the Grade Pay of Rs. 5400/- in PB2 after completion of four years of service
as Superintendent.
Sh. Ravi
Malik also suggested that common forum should not take up any issue contradicting
any cadre. He also requested that the Inspector/Examiner/PO associations should
take up the pay matter with CBIC for the grant of the pay scale equivalent to
the Grade Pay of Rs. 4800/- in PB2 for our Inspector level executive officers
seeking parity with the CBI Inspectors as the 7th CPC has
recommended higher pay scale for CBI Inspector making wrong observation that
CBI Inspectors were already drawing higher pay scale than our Inspector level
officers. The parity between the Inspector of Central Excise/Examiner/PO/Income
Tax and CBI Inspector is well established, that’s why our Inspector level
officers were granted the pay scale at par with the CBI Inspector w.e.f.
21.04.2004 as was recommended by the High Power Committee formed for the
purpose by the then Finance Minister. He also suggested that in addition to
above common points every constituent association may take up the issues (not
relating to this forum on account of not being common and also relating to this
forum) independently as well. He also requested Sh. Rananjay Pratap Singh to
arrange meeting with the MOS of Revenue as early as possible. Accordingly, it
was also decided a letter to be given by the Confederation to the MOS for
appointment. Sh. Ravi Malik also suggested to use CPGRAM on behalf of the associations
for any pending/running matters for the welfare of the cadre. All members of
the associations may raise these issues on CPGRAM and also on the PG portal of
PMO.
Sh. Ravi
Malik also asked whether all constituent associations should sign the letters
to be sent to the administration from the Confederation side or we should
appoint the conveners for the purpose. It was decided that only the minutes
would be signed by all constituent associations and representations would be
signed by Sh. Ravi Malik himself from the side of the Confederation on behalf
of all constituents.
Sh.
Ravi Malik and Sh. A. Venkatesh thanked all the delegates to attend the meeting
also requesting to be interactive on the various common interest issues. The
following officers attended the meeting-
S/SHRI
1. RAVI MALIK
2. A. VENKATESH
3. C. S. SHARMA
4. N. R. MANDA
5. HARPAL SINGH
6. MAYANK KOLERAMANA
7. MD. SHAKIL ASHRAF
8. ARUN KUMAR CHHARI
9. P. N. SARKAR
10. T. P. MANOJ
11. A. K. PRABHAKAR
12. ABHIJIT BANDYOPADHYAY
13. PRITAM DAHIYA
14. RANANJAY PRATAP SINGH
15. HIRA LAL
Minutes prepared by-
Sh. C. S. Sharma, Office Secretary
of AIACEGEO.
