ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address for
communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi
Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan
(South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay
Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central) Office Secretary: C. S. Sharma Treasuer:
N. R. Manda Organising Secretary: SoumenBhattachariya
(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. 84/AIB/A/19
Dt. 24.04.19
To,
Sh.
Amarjit Singh,
Director
(Ad.IV), CBIC,
New
Delhi.
Sub: Decision
of the meeting to discuss the issue relating to 02 Associations claiming their
legal right for All India Association of Central Excise Gazetted Executive
Officers- reg.
Sir,
Kindly refer to your letter
F.No.12017/07/2017-Ad.IV-A Dt. 12.02.19 and letter Ref. No. 39/AIB/G/19 Dt.
15.02.19 of the Association on the above subject.
2.
Inviting your kind attention to the reply given by the CBIC in r/o online RTI
registration No. CBECE/R/2019/50268, it is to submit with due regards that the
Examiners (feeder post) and Appraisers (promotional post) are the office bearers/members
of the All India Appraising Officers Federation.
3.
As on date, the Income Tax Gazetted
Officers Association (ITGOA) in CBDT also consists feeder posts as well as promotional
posts, i.e., Income Tax Officers, Asstt. Commissioners,
Deputy Commissioners, Joint Commissioners and above, as its members as well as office
bearers under our own Department of Revenue. Not only it, the Customs Preventive Service
Officers Federation also consists of Preventive Officers (feeder post) and
Superintendents (promotional post) as its members as well as office bearers under
our own CBIC. Likewise, the Association/Federation representing direct recruit Customs Appraising Officers also
consists feeder posts as well as promotional
posts, i.e., Appraisers to Addl. Commissioner, as its members as well as office
bearers under our own CBIC. Same is the position in the direct recruit
IRS Officers Association under CBIC itself which also consists feeder posts as well as promotional posts, i.e., Asstt.
Commissioner to Commissioner and above, as its members as well as office
bearers.
4.
Now, the question of law arises why the officers belonging to the feeder posts as
well as promotional posts, i.e., promotee Asstt. Commissioners and other higher
promotee Group A officers, can’t be the members/office bearers of the All India
Association of Central Excise Gazetted Executive Officers, if they can be the
members/office bearers of all of above mentioned Associations/Federations under
our own CBIC/Department of Revenue.
5.
It is further submitted that there can’t be applied different provisions/criteria
for all of above mentioned Associations/Federations and this Association. In this
regard, it is needless to submit that all service associations are covered
under same provisions/Rules without any exception/discrimination.
6.
In view of the above, it is again requested that the final view on the issue
may kindly be taken only after considering duly the all submissions made by
this Association ruling out any possibility of raising any question of law by
the Association.
Thanking You,
Yours sincerely,
(RAVI
MALIK),
Secretary General.
Copy with the request for necessary action
to:
1) The Chairman, CBIC, North Block, New
Delhi.
2) The Member (Admin & Vigilance),
CBIC, North Block, New Delhi.
3) The Principal Commissioner
(Coordination), CBIC, North Block, New Delhi.
4) The Joint Secretary (Admn), CBIC, North
Block, New Delhi.
ALL INDIA ASSOCIATION OF CENTRAL
EXCISE
GAZETTED
EXECUTIVE OFFICERS
President: Address for
communication:
Secretary General:
A. Venkatesh 240, Razapur,
Ghaziabad-201001 (U.P.) Ravi
Malik
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty
(west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy, M. Jegannathan
(South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay
Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh,
Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore,
Ashutosh Nivsarkar (Central) Office Secretary: C. S. Sharma Treasuer:
N. R. Manda Organising Secretary: SoumenBhattachariya
(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. 86/AIB/A/19 Dt. 24.04.19
To,
Sh.
Pranab Kumar Das,
Chairman,
CBIC,
North Block, New Delhi.
Sub: Implementation of the order given on
24.02.95 in OA No. 541/1994 by Jabalpur CAT.
Sir,
Kindly refer to CBIC letter F. No. A-26017/237/2017-Ad.IIA Dt. 15.04.19 on the above matter.
2. It is to submit with due regards
that the Honourable CAT directed the government to issue a notification within
thirty days referring the matter to Vth CPC as to why the Inspector of CBI and
IB etc. had been granted higher pay than the Inspector of Customs and Central
Excise. The government was further directed to place the Inspector of Customs
and Central Excise at par with the Inspector of CBI from the date the later
category was placed in the scale of Rs. 2000-3200/- and pay arrears accordingly
to the Inspectors of Customs and Central Excise.
3. The order of the Honourable CAT has not been implemented despite
of same pay scale being recommended for both categories by the Vth pay
commission by downgrading the pay scale of the Inspector of CBI at par with the
Inspector of Customs and Central Excise. It is also worth to reiterate that no
appeal was made against the CAT order. It is also reiterated that the Honourable CAT gave no direction to refer the
matter to the Department of Expenditure.
4. Regarding the date of effect, arrears are to be
paid w.e.f. 01.01.86 instead of 01.01.96 as per the order given by the Honourable CAT. It is also worth to mention
that the government (Department of Expenditure) replied under the RTI vide OM
No. 1148/Dir(A)/2008 Dt. 08.12.08 that the pay scale of the Inspectors and Superintendents of Central Excise
and Customs was enhanced on 21.04.04 to grant them parity in pay scales with
the counterparts of CBI and IB.
6. As far as the question of non-consideration of
duties of Inspector of Central Excise and Customs at par with the Inspector of
CBI by pay commission is concerned, the pay comission nowhere said which
category is performing higher duties. Not only it, pay commission also didn’t
mention anywhere that the Inspectors of Central Excise and Customs are
performing lower duties than the Inspector of CBI. Rather, the government
(CBIC) recommended that duties and responsibilities of the Inspectors of Central
Excise and Customs are more arduous and hazardous than the Inspectors of CBI
etc. The government, however, again enhanced the pay scale of the Inspector of
CBI without the recommendations of the pay commission.
7. Accordingly, a High Power Committee was formed
by the then Finance Minister to look into the issue. The said committee
recommended the pay scale equivalent to the Inspector of CBI for the Inspector of
Customs and Central Excise. Thus, based on the recommendations of this
committee, the Inspectors of Customs and Central Excise were placed at par with
the Inspectors of CBI on 21.04.04 in the matter of pay scale.
8. In view of the above, it is requested to kindly
implement the subject mentioned order of the Honourable Jabalpur CAT at an
early date as the Vth CPC as well as government recommended equivalent pay
scale for both the categories.
Thanking You,
Yours sincerely,
(RAVI
MALIK),
Secretary General.
