" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Tuesday, 30 April 2019

Implementation of the order given on 24.02.95 in OA No. 541/1994 by Jabalpur CAT, DPC


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
Mob.7780255361  mail Id:ravimalik_sweet@yahoo.com   Site: cengoindia.blogspot.in   Mob.9868816290
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. 89/AIB/A/19                                                                         Dt. 30.04.19
To,
Sh. Rajendra Kumar,
Deputy Secretary, Ad.IIA, 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 your 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 complete 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.
5. 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 commission 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.
6. 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 but the payment of arrears from 01.01.86 is still pending. Thus, the order of the Honourable CAT has been implemented incompletely.      
7. In view of the above, it is requested to kindly implement the subject mentioned order of the Honourable Jabalpur CAT in complete sense 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.
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
Mob.7780255361  mail Id:ravimalik_sweet@yahoo.com   Site: cengoindia.blogspot.in   Mob.9868816290
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. 90/AIB/P/19                                                                          Dt. 30.04.19
To,
Sh. Pranab Kumar Das,
Chairman, CBIC,
North Block, New Delhi.
Sub: DPC for the post of Asstt. Commissioner.
Sir,      
            Kindly refer to the earlier requests of the Association on the above matter.
            2. It is to submit with due regards that the DPC for the transition year 2018 as well as the calendar year 2019 are still pending being already overdue as the same were to be convened between 01.08.17 to 31.01.18 and 01.05.18 to 31.10.18 respectively as per the DOPT OM No. 22011/14/2013-Estt(D) Dt.08.05.17.
            3. It is also worth to submit that the repeated stays are coming on the DPC/promotion perhaps due to the improper presentation of facts before the courts or inaction/delayed action by the concerned authorities particularly at local levels. Every time, the Association is forced to go for the vacation of the stay alongwith the administration. The DPCs for the years 2018 and 2019 are already overdue and the officers are forced to retire without promotion despite of thousands of posts being vacant.
4. Due to the lack of timely action on the part of the concerned authorities, not only the officers are crying for the want of the promotion but the CBIC is also facing the shortage of manpower at the group ‘A’ entry level in GST as the officers are ordered to look after the additional charges. The officers are so demoralized that some of them have started to talk of “self-immolation” due to the humiliation being faced by them. Not only this issue, huge number of employee grievances are long pending but no meetings are being held to redress their grievances under the Employee Grievance Redressal Mechanism.  
5. It is also worth to mention that all of these posts were created by the due approval of the Cabinet for GST purpose. So, it is no way justified to keep these posts vacant due to our inaction/delayed action or any other reason. It is also painful that no efforts have ever been made to convene the DPC during the non-stay period.
            6. In view of the above, it is requested with folded hands to kindly take serious steps to conduct the DPC and issue the promotion orders at the earliest possible date after getting the stay/s vacated.
            Thanking you, 
                                                                                                                                            Yours sincerely,
                                                                                                                                               
                     (RAVI MALIK),
Secretary General.
Copy with the request for necessary action to:
1) The Hon’ble Minister of Finance, North Block, New Delhi.
2) The Hon’ble MOS (Revenue), North Block, New Delhi.  
3) The Revenue Secretary, North Block, New Delhi.
4) The Member (Admin & Vigilance), CBIC, North Block, New Delhi.
5) DG, HRD, HRM, CBIC, New Delhi.