Dear friends,
Namaste.
All are requested to go through draft OA placed below and suggest amendments/additions at the earliest to mail Id ravimalik_sweet@yahoo.com or whatsapp 9868816290.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
Dear friends,
namaste.
All are requested to go through the draft placed below and suggest amendments/additions at the earliest to ravimalik_sweet@yahoo.com or whatsapp 9868816290.
Loving regards,
RAVI MALIK,
Secreatry General,
AIACEGEO.
ORIGINAL
APPLICATION NO. OF 2019
Namaste.
All are requested to go through draft OA placed below and suggest amendments/additions at the earliest to mail Id ravimalik_sweet@yahoo.com or whatsapp 9868816290.
Loving regards,
RAVI MALIK,
Secretary General,
AIACEGEO.
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD.
O. A. NO. __________ OF
2019
DISTRICT-
GHAZIABAD
1. All India Association of Central Excise
Gazetted Executive Officers through its Secretary General Mr. Ravi Malik Having
its office at: 240, Razapur, Ghaziabad.
2. Mr. Ravi Malik S/o Sh. Mahabir Singh R/o 240, Razapur, Ghaziabad Presently
holding the post of Assistant Commissioner of Central Excise/CGST Posted at
CGST Commissionerate, Ghaziabad. Aged about 57 years, Group-A.
3. Mr.
Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS Flats, Sheikh Sarai-1, New
Delhi-110017 Presently holding the post of Assistant Commissioner of Customs Posted at Customs ICD, Dadri,
Ghaziabad. Aged about 55 years
4. Mr. Jagdish Lal Sehgal S/o Sh. M. L. Sehgal
R/o 151, Indra Vihar, Delhi-110009 Presently holding the post of Assistant
Commissioner of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir
Singh Sahitya Sadan, New Delhi. Aged about 55 years
5. Mr. C. S. Sharma S/o Sh. M. R. Sharma, R/o
9/768, Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the
post of Superintendent of Customs, Posted at Customs Preventive
Commissionerate, New Customs House, New Delhi.
…. Applicants
VERSUS
1. Union of India through Revenue Secretary,
Ministry of Finance, North Block, New Delhi.
2. Chairman,
CBIC, North Block, New Delhi.
3. Director General, HRM, C.B.I.C., Bhai Beer
Singh Sadan, B.B.S. Marg, New Delhi.
4. Department
of Personnel & Training through its Secretary, North Block, New Delhi.
……………..Respondents
DETAILS OF APPLICATION:
1.
Particulars of the order against which the application is
made:
That prior to 5th C.P.C. the Superintendant
of Central Excise and Chief Enforcement Officer and Superintendant of Narcotics
were having pay parity but the respondent authorities up-graded the pay scale
of Superintendants of Narcotics and Chief Enforcement Officer leaving behind
the Superintendants of the Central Excise hence the 6th Central Pay
Commission vide paragraph 7.15.24 recommended the grant of pay parity to the
Superintendants of Central Excise also but the same has not been implemented so
for. On representation of the applicant no.1 the respondent authorities has again
asked to sent the recommendation to the 7th C.P.C. without taking
the consent of competent authority and without assigning any reason for not
accepting the earlier recommendation of 6th C.P.C. which was duly
approved by the competent Authority. The applicants aggrieved from non
implementation of the recommendation of paragraph 7.15.24 of 6th
C.P.C hence this O.A. True Copy of order dated ……… referring
the proposal to 7th C.P.C. is annexed herewith and marked as Annexure A-1 to the Compilation I.
2.
Jurisdiction of the Tribunal :
The applicants declare that the subject
matter against which the applicants want redressal is within the jurisdiction
of the Tribunal.
3.
Limitation :
The
applicant further declares that the application is within the limitation period
prescribed in section 21 of the Administrative Tribunals Act, 1985.
4. Facts of the case:
4.1 That applicant
no. 1 is the recognized association of Customs and Central excise/CGST gazetted
executive officers and its members are from the rank and post of
Superintendents and above. The Applicant no. 1 represented through its
Secretary General Mr. Ravi Malik who is Assistant Commissioner (Central
Excise/CGST and Customs) and is also an affected party. True Copy of resolution
authorizing Mr. Ravi Malik (who is also an applicant in his personal capacity)
to file the present O.A. is being filed and marked as Annexure A-1 to the Compilation no. II.
4.2 That it will be pertinent prior to 5th
C.P.C. the Superintendants of Central Excise, Narcotics and Chief Enforcement
officer were having pay parity but the same was disturbed after up-gradation of
pay scale of Superintendants of Narcotics vide office order
F.No.15/2(38)2004-Estt.20.04.2005 by which they were placed in pay scale of
Rs.7500-12000 w.e.f. 01.01.1996. Further pay parity was again disturbed when
pay scale of Chief Enforcement Officer, who were having historical pay parity
with the Superintendant of Central Excise were also granted higher pay sale of
Rs. 7500-12000 w.e.f. 01.01.1996 on the basis of recommendations of 5th
C.P.C. and they were further placed in pay scale of Rs. 8000-13500 w.e.f. 04.10.2005
vide order issued by Ad.I.C. of Department of Revenue. It will not be out of
place to mention here that this enhancement of pay scale was without
recommendation of C.P.C.
4.3 That it will be
further pertinent to mention here that not only the pay scale of Chief
Enforcement Officer was enhanced but the post too 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 Chief
Enforcement Officers are also being
paid 25 percent extra salaries per month again without the recommendations of
C.P.C.
4.5 That because of above said enhancement of pay scale of Superintendants
of Narcotics and Chief Enforcement officer, the Superintendants of Central Excise
and other officer holding analogous post in CBEC made representations to the
respondents authorities regarding disparity and discrimination in their pay
scale and sought parity of pay scale with the Superintendant of Narcotics
Control Bureau and Chief Enforcement Officer in Directorate of Enforcement
since the parity between them is well established. True copies of few representations dated ………….. are annexed
herewith as Annexure No. 2 to the
compilation no.II.
4.6 That it will be pertinent to
mention here that 6th Central Pay commission also recommended and
accepted that the posts of Asstt. Enforcement Officer and Chief Enforcement
Officer have traditionally been on par with the post of Inspectors and its/analogous
posts in CBDT and CBEC. The
recommendations of the 6th Central Pay Commission vide para 7.15.24 is
reproduced below:
“The posts of Assistant
Enforcement Officer and Chief Enforcement Officer have traditionally been on
par with the posts of Income Tax Inspectors and ITO/analogous posts in CBDT and
CBEC. Subsequent to up-gradation of posts of Inspectors/ITOs/analogous posts in
CBDT and CBEC, the Government also upgraded the posts in Enforcement
Directorate but with a time lag. Since the parity between these posts is well
established, the Commission recommends that the same should be maintained in
future.” True copy of noting of file No. 6/37/98-IC pertaining to up-gradation
of pay scales of Inspectors and Superintendants of CBEC sought under RTI Act is
annexed herewith as Annexure No. 3
to the compilation no.II.
4.7 That as per the recommendation of 6th CPC, parity
between the post of Chief Enforcement Officer and Central Excise Superintendant
etc. should be maintained in future but the same has not been implemented till
date.
4.8 That the High Power Committee
formed by the Finance Minister regarding the enhancement of the pay scale of
executive officers of CBIC & CBDT also recommended under para-6 to place
Central Excise Superintendent at par with the Chief Enforcement Officers of
Enforcement Directorate (ED).
4.9 That it will not be out of place to mention here that new higher
responsibilities of judicial nature were also conferred upon Central
Excise Superintendents vide Circular No. 922/12/
2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10
and 130/12/2010–STissued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10. Their
responsibilities were further increased 10 times by enhancing the
adjudication limit to Rs. 10 lac vide circular No. 1049/37/2016-CX issued vide
F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC.
4.10 That the increased/higher responsibilities are
always directly linked with the increased/higher pay scales. But in the present
case there is no increase in the pay scale of Central Excise/CGST
Superintendents despite of the responsibilities of these officers being on
regular increase whereas the pay scales of their counterparts or even lower
cadres are being enhanced without any increase in the responsibilities. It
is also submitted that the officers conferred with the judicial
responsibilities are already being highly paid but no weightage is being given
to the regularly increasing judicial responsibilities of the Superintendent.
The responsibilities have again been enhanced to the tune of Rs. 20 lac
vide Circular No. 31/05/2018-GST issued vide F.No. 349/75/2017-GST Dt.
09.02.18 of GST Policy Wing of CBIC. It is a set principle that the pay scale
is always to be in direct proportion of responsibilities.
4.11 That despite of the admission by
Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt. 08.12.08 that
the pay scale of Central Excise Superintendent was enhanced on 21.04.04 to
grant them parity with DSP of CBI/DCIO of IB (analogous counterparts of Central
Excise/CGST Superintendent), Central Excise Superintendent was not given the
said parity and was granted merely a lower pay scale of Rs. 7500-12000/- w.e.f.
21.04.04 instead of Rs. 8000-13500/- or equivalent (pay scale of DSP of
CBI/DCIO of IB). It is also worth to submit
that the DSP of
CBI etc. are also being paid 25% per month extra salary and also 13 months
salary in the year.
4.12 That it is also worth to submit that the feeder cadre of Inspector was
placed at par in the matter of pay scale in CBIC and CBI on 21.04.04 but the
promotional cadre of Central Excise/CGST Superintendent is still awaited to be
placed at par with the DSP of CBI (promotional cadre for Inspector in CBI). However,
the 7th CPC has recommended a higher pay scale (equivalent to
the Central Excise/CGST Superintendent) for the Inspectors of CBI based on
wrong observations saying that the CBI Inspector was working in a higher pay
scale than the Central Excise Inspector prior to the formation of 7th CPC.
4.13 That the Competent
authority in the Deptt. of Expenditure, 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 6th CPC but it was communicated finally to CBIC
vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7th CPC
by the concerned Under Secretary without taking the consent of the competent
authority.
4.14 That the counterparts of Central Excise/CGST Superintendent are already working
under a pay scale equivalent to the grade pay of Rs. 5400/- in PB3 under State
GST.
4.15 That
the Asstt. Directors (counterparts of Excise
Superintendents), earlier Chief Enforcement Officers, in the Enforcement
Directorate have now been placed in a pay scale equivalent to the grade pay of
Rs. 5400/- in PB3 (Level-10) enhancing from the grade pay of Rs. 5400/- in PB2
(Level-9) again without the recommendations of the CPC vide above referred
Sanction Order issued vide F. No. K-11022/53/2017-Ad.ED Dt. 29.10.18.
4.16 That thus, it is very well evident that the Central Excise/CGST
Superintendents are regularly being discriminated in comparison to every
counterpart. Such discrimination has caused miscarriage of justice.
5. Grounds
for relief with the legal provisions:
5.1 Because prior to 5th C.P.C. the
Superintendants of Central Excise, Narcotics and Chief Enforcement officer were
having pay parity but the same was disturbed after up-gradation of pay scale of
Superintendants of Narcotics and Chief Enforcement Officer.
5.2 Because the pay parity between
Superintendants of Central Excise and Superintendants of Narcotics and Chief
Enforcement officer is well established but the Superintendants of Central
Excise and other officer holding analogous post in CBEC were deprived of from
the enhancement of pay scale like the Superintendants of Narcotics and Chief
Enforcement Officer.
5.3 Because the Superintendants of Central Excise
are discriminated in respect of enhancement of pay scale granted to the Superintendants
of Narcotics and Chief Enforcement officer without any cause or justification.
5.4 Because 6th Central Pay
commission also recommended and accepted that the posts of Asstt. Enforcement
Officer and Chief Enforcement Officer have traditionally been on par with the
post of Inspectors and its/analogous posts in CBDT and CBEC therefore they are
also entitled for the same pay benefit which is granted to the Superintendants
of Narcotics and Chief Enforcement Officer.
5.5 Because High Power Committee formed by the Finance Minister regarding
the enhancement of the pay scale of executive officers of CBIC & CBDT also
recommended under para-6 to place Central Excise Superintendent at par with the
Chief Enforcement Officers of Enforcement Directorate (ED).
5.6 Because the counterparts
of Central Excise/CGST
Superintendent are already working under a pay scale equivalent to the grade
pay of Rs. 5400/- in PB3 under State GST.
6. Details of the remedies exhausted:
The applicants declare that they have
availed of all the remedies available to him under the relevant service rules
etc. The applicants made representations
before the respondent department for their redressal but with no result.
7. Matters not previously filed or pending with
any other court:
The applicants further declare that
they have not filed any application, writ petition or suit regarding the
instant matter, in respect of which this application has been made, before any
court or any other authority or any other Bench of the Tribunal nor any such
application, writ petition or suit is pending before any of them.
8. Relief
Sought:
In view of the facts mentioned in para
6 above the applicants prays for the following relief(s):-
(I)
The Respondents may be
directed to place Central Excise/CGST
Superintendent at least under a grade pay of Rs. 5400/- in PB3 (Level-10) along
with other perks & allowances etc. including 13 months salary in the year
and 25% extra salary per month w.e.f. the date of the grant of the same to
their counterparts
(II)
And OR may pass such other and further orders/
directions deem fit and proper in the facts of the case.
9. INTERIM RELIEF, IF ANY
Pending
final decision on the application, the applicant seeks the following interim
relief: N.A.
10. In the event of application being sent by registered post, it may
be stated whether the applicant desires to have oral hearing at the admission
stage and if so, he shall attach a self addressed postcard or inland letter, at
which intimation regarding the date of hearing could be sent to him: NOT
APPLICABLE
11. PARTICULAR
OF APPLICATION FEE:
1.
Name of issuing Post
Office :
2.
Date of issuing the
P.O.:
3.
Amount of the Postal
Order:
4.
Post Office at which
payable:
12. LIST OF
ENCLOSURES: As per Index
VERIFICATION:
I, Ravi Malik, son of late Sh. Mahabir Singh, aged about
57 years, working as Assistant Commissioner in the office of CGST, Ghaziabad, applicant no.2 and also
Secretary General of applicant no.1, duly authorized person to sign and
verify and present the instant original application on behalf of All India Association of Central Excise Gazetted
Executive Officers, in the above noted Original application do hereby verify that
the contents of paragraphs No.________________ ________________of this
application are true to my personal knowledge; and paragraphs
nos._______________________ of this application are believed to be true on
legal advice, and paragraphs nos. _________________________ based on record,
and that I have not suppressed any material fact.
APPLICANT
VERIFICATION
I, Rajesh Sharma S/o Sh. B. L. Sharma, R/o C-548, SFS
Flats, Sheikh Sarai-1, New Delhi-110017 Presently holding the post of Assistant
Commissioner of Customs Posted at
Customs ICD, Dadri, Ghaziabad. Aged about 55 years, applicant no.3 in the above noted Original
application do hereby verify that the contents of
paragraphs No.________________ ________________of this application are true to
my personal knowledge; and paragraphs nos._______________________ of this
application are believed to be true on legal advice, and paragraphs nos.
_________________________ based on record, and that I have not suppressed any
material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151,
Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner
of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh
Sahitya Sadan, New Delhi. Aged about 55 years, applicant no.3 in the above noted Original application do hereby
verify that the contents of paragraphs No.________________
________________of this application are true to my personal knowledge; and
paragraphs nos._______________________ of this application are believed to be
true on legal advice, and paragraphs nos. _________________________ based on
record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, Jagdish Lal Sehgal S/o Sh. M. L. Sehgal R/o 151,
Indra Vihar, Delhi-110009 Presently holding the post of Assistant Commissioner
of Central Excise/CGST and Customs Posted at DGHRD, CBEC, Bhai Vir Singh
Sahitya Sadan, New Delhi. Aged about 55 years applicant no.4 in the above noted Original application do hereby
verify that the contents of paragraphs No.________________
________________of this application are true to my personal knowledge; and
paragraphs nos._______________________ of this application are believed to be
true on legal advice, and paragraphs nos. _________________________ based on
record, and that I have not suppressed any material fact.
APPLICANT
VERIFICATION:
I, C. S. Sharma S/o Sh. M. R. Sharma, R/o 9/768,
Lodhi Colony,Delhi-110003, Aged about 54 years, Presently holding the post of
Superintendent of Customs, Posted at Customs Preventive Commissionerate, New
Customs House, New Delhi, applicant no.5 in the
above noted Original application do hereby verify that
the contents of paragraphs No.________________ ________________of this
application are true to my personal knowledge; and paragraphs
nos._______________________ of this application are believed to be true on
legal advice, and paragraphs nos. _________________________ based on record,
and that I have not suppressed any material fact.
APPLICANT
Date: May, 2019.
Place: ALLAHABAD.
Through
(ASHOK
KUMAR PANDEY)
Advocate
Adv.
Roll A/A-1365/2012
(YASHWANT
SINGH)
Advocate
Adv.
Roll A/Y-0023/12
Counsels
for the Applicants
Old
Study Room, South Verandah,
High
Allahabad
Mobile:
9454966521
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH ALLAHABAD.
**********
ORIGINAL
APPLICATION NO. OF 2019
(Under
Section 19 of the Administrative Tribunal Act, 1985)
DISTRICT : GHAZIABAD
All India
Association of Central Excise
and others ---- Applicants
Versus
Union of India and others ---
Respondents
ANNEXURE
NO.
