" 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.

Friday, 17 May 2019

Promotion to STS

Dear friends,
Namaste.
Draft OA to grant promotion to our Superintendent to STS post (Deputy Commissioner) instead of JTS post (Asstt. Commissioner) is placed below. All are requested to go through it and suggest amendments/additions accordingly to mail Id ravimalik_sweet@yahoo.com or whatsap 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. 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.   Group-A.
         
4.      Mr. Harpal Singh S/o late Sh. Pratap Singh
R/o Flat no. 6, SE-11, Shastri Nagar
Ghaziabad, U. P. Aged about 48 years
Presently Posted as Superintendent, O/O Commissioner
CGST, AUDIT Commisionerate, NOIDA Ghaziabad.
Group B
 …. Applicants
VERSUS
1.      Union of India through Revenue Secretary,
          Ministry of Finance, North Block, New Delhi
2.      Secretary, Expenditure, North Block.
3.      Department of Personnel & Training
          Through its Secretary, North Block, New Delhi
4.      Chairman, CBIC, North Block, New Delhi
5.      Member Adm & Vig, C.B.I.C., North Block, New Delhi.
6.      Director General, HRM, C.B.I.C., Bhai Beer Singh Sadan,      B.B.S. Marg, New Delhi.
                                                 ……………..Respondents
DETAILS OF APPLICATION:
1.   Particulars of the order against which the application is made:
The present original application is made against the impugned order dated 14/09/2018 passed by Respondent No.1 in pursuance of directions issued by Hon’ble Central Administrative Tribunal Principal Bench in its order dated 09/02/2018 in O.A. No. 684/2018 (All India Association of Central Excise and others vs Union of India and Ors.). True Copies of the Impugned Order dated 14.09.218 and order dated 09/02/2018 are annexed herewith as Annexure A-1 to this O.A.
respondents decided the representation of the applicants vide impugned order dated 14/09/2018 and rejected the claim of the
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. Copy of resolution authorising Mr. Ravi Malik (who is also an applicant in his personal capacity) to file the present case is at Annexure A-2.
4.2    That the applicants are seeking parity in payscale on promotion to Senior Time Scale as it is being done in other departments.
4.3    That the applicants named above submitted an application dated 02.08.2017 before the respondents for promoting the central Excise Superintendants directly to a senior group “A” post (Senior Time Scale) i.e. Deputy Commissioner like many other counterparts  and also to give weightage of the service rendered in group “B” but the respondents sit tied over the matter hence applicants were constrained to file O.A. No. 684/2018; All India Association of Central Excise & others Vs. U.O.I. & others before Hon’ble Central Administrative Tribunal, Principal Bench seeking direction for the respondents to remove the disparity in the pay scale of promotional post for Central Excise/ CGST Superintendents under CBIC and to promote Superintendents and promotee Assistant Commissioners to Senior Time Scale bringing them at par with other similarly placed posts which was decided on 09.02.2018 at the admission stage itself directing the Respondents to take a decision on the representation dated 02/08/2017 made by Applicant Association. True Copy of the representation dated 02/08/2017 & order dated 09.02.2018 are being annexed collectively as Annexure A-2 & 3.
4.4       That in pursuance of the above said direction of the Hon’ble CAT, Principal bench the respondents decided the representation of the applicants vide impugned order dated 14/09/2018 and rejected the claim of the Applicants which is:
(i)           Pay parity of Superintendent of Central Excise at par with DSP of CBI i.e. grant of Grade Pay of Rs. 5400/- PB-3 for Superintendent of Central Excise.
(ii)          Promotion of Superintendents directly to the Grade of GP-6600/-
(iii)        Grant of batch to batch non-functional upgradation to Group ‘B’ Gazetted and Non-gazatted Executive Officers at par with the counterparts in CSS.
However, the respondents rejected the claim of the applicants without giving any plausible reasoning or distinguishing the case of the applicant’s vis-à-vis the other similarly situated personnel in other organizations in Central Government. The Respondents No.1 & No.2 compared the case of pay parity of Superintendents of Central Excise with that of DSP of C.B.I. only and did not look into that of NCB or CSS. 
4.5       That the Applicants would like to bring forth the case of similarly situated persons in Narcotics Control Bureau which was set up on 17th March 1986 under the administrative control of Respondent no. 1. Later on, NCB was transferred to Ministry of Home Affairs with effect from 18th February 2003. Till such time, the recruitment rules for promotion to the post of Asstt. Commissioner in CBEC (now CBIC) was same for Central Excise Superintendents as well as Superintendents of NCB and both were considered and promoted to the post of Asstt. Commissioner under same promotional hierarchy. Both cadres drew the identical scale of pay. The parity in the promotion hierarchy of both the posts, i.e. Superintendents of CBEC and Superintendents of NCB continued till February 2003. Copy of Recruitment Rules for promotion post under Senior Time Scale (Level-11) in Narcotics Control Bureau, CSS, All India Services, are annexed herewith and marked as Annexure A-4 and Annexure A-5 respectively to this O.A.
4.6       That the Inspectors in CBEC/CBIC and Intelligence Officers/Inspectors in NCB are recruited in same pay scale by SSC. The posts of Superintendents in CBEC/CBIC and NCB are also filled-up through promotion from the Inspectors/Intelligence Officers. The High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth Pay Commission categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar and recommended for parity of Inspector of the Central Bureau of Narcotics with the Inspector of Central Excise.

4.7      That the Central Excise Inspectors, Inspectors of NCB and Assistants of the Central Secretariat Services (CSS) etc., being analogous posts, are recruited by same recruiting body, i.e., the Staff Selection Commission and in a common scale of pay. Earlier, on recommendations of the IVth CPC, the Assistants were placed in a lower pay scale than the pay scale of the Central Excise Inspector but was upgraded later on to bring it at par with Central Excise Inspector. Similarly at one point of time (w.e.f. 21.04.04 to 31.12.05), the pay scale of the Section Officers was also lower than the pay scale of the Central Excise Superintendents but was upgraded later on to bring it at par with Central Excise Superintendent after recommendations of VIth CPC. Eventually, the Inspectors are promoted to the rank of Superintendent whereas the Assistants are promoted as Section Officers. The posts of Central Excise Superintendent and Section officer of CSS are analogous, yet the similarity ends here.  Section Officers are promoted directly to the Senior Time Scale post with a grade pay of Rs. 6600/- (Level-11) and reach up to the level of Joint Secretary in the grade pay of Rs. 10000/- (Level-14) whereas the Central Excise Superintendents are promoted (if at all), to the Junior Time Scale post merely with a grade pay of Rs. 5400/- (Level-10). No need to submit that the Superintendents (Central Excise) are at loss of at least one level in MACPS due to the non-grant of direct promotion to STS post in comparison to their counterparts in other Ministries/ Departments. True copy of the relevant documents is annexed herewith collectively and marked as Annexure A-6 to this O.A.
4.8      That it is further submitted that the Superintendents in Narcotics Control Bureau were also granted the non-functional time scale on completion of 4 years of service based on the precedent of the grant of the same to the Superintendents of Central Excise.
4.9      That Applicant No. 1 and other affected individuals including the applicants sought for removal of disparity and allow promotion to the Group ‘B’ officers of Central Excise & Customs to Senior Time Scale as available to Group ‘B’ gazetted officers in the case of Narcotics Control Bureau, CSS, MPA, MEA, DANICS, DANIPS, CPWD and Railway Board etc. The Respondents have failed to redress the grievance of the applicants, hence present O. A.
4.10   That so far as the Superintendents of NCB are concerned, there also exists an established parity and relativity between the Superintendents of NCB and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise/CGST are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the same post of Group ‘A’ (i.e., Asstt. Commissioner) till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of Central Excise/CGST are till now performing their duties as Superintendents of NCB.
5.       Grounds for relief with the legal provisions:
5.1     Because the Group ‘B’ officers of Customs & Excise, i.e., Superintendents are not only discharging all functions relating to assessment, investigation & intelligence, Narcotics Control and issuing Show Cause Notice but have also been conferred with the judicial responsibilities of adjudication and also recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 and Section 108 of the Customs Act, 1962 and also under GST.  The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. Adjudication Orders are also being prepared by them for the Commissioner level officers. No other counterpart of them has been conferred with such responsibilities. So, Central Excise/CGST Superintendents deserve far better treatment than their counterparts.
5.2      Because the Central Excise Superintendents are performing more responsible work functions as compared to other group ‘B’ gazetted counterparts yet they are facing the worst career prospects instead of being given better treatment. They are being maltreated despite of being the ‘backbone of the government revenue’. In the actual terms, though they are the ‘backbone of the government’ on account of being responsible to earn the finance for the government yet they are being totally ignored in every matter including career prospects and pay matters. So, Central Excise/CGST Superintendents deserve far better treatment than their counterparts.
5.3      Because, not only the direct promotion to Senior Time Scale, the Central Excise Superintendents should also be given benefit of seniority in group ‘A’ at the time of promotion like given to group ‘B’ gazetted officers at many places in lieu of the service rendered by them in group ‘B’. In Railways, Administrative Services, Police Services, Forest Services, State Services etc., the group ‘B’ gazetted officers are allowed the weightage of minimum of 4 years at the time of entry into group ‘A’ also giving them the due benefit of seniority in lieu of the service rendered by them in the group ‘B’ and promotion to STS post. For example, the officers of Provincial Services in Southern States enter into IAS in a grade pay of Rs. 6600/- (Level-11) within 8 years with 4 years of seniority benefit while the most of the Central Excise Superintendents are unable to enter into IRS in a lower grade pay of Rs. 5400/- even after serving for 35-40 years. They enter (if any) into IRS in a grade pay of Rs. 5400/- (level-10) only and retire at same level without any weightage in lieu of seniority in group ‘A’.
5.4     Because the rationale behind such a provision of weightage or direct promotion to STS group ‘A’ is based on the fact of the promotee officers having gained rich experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers. But very unfortunately, the Central Excise Superintendents are not being given the said benefit despite of being served for the longest period in group ‘B’ as compared to any other category of the group ‘B’ employees of the Govt. of India.
5.5     Because before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’ since senior time scale was not available at that point of time. 
5.6     Because the common entry counterparts of CSS are not only being promoted directly to a STS post (Level-11) from Section Officer (analogous to Superintendent and Level-8) but also reaching the level of Joint Secretary (Level-14). The position in CPWD is even more interesting where an officer with a grade pay of Rs. 4600/- (Level-7) is being directly promoted to a post with a grade pay of Rs. 6600/- (STS) and further directly to a post with the grade pay of Rs. 8700/- (Level-13) from a post with a grade pay of Rs. 6600/-. Thus, they don’t need to serve on a post at Level-8, Level-9, Level-10 and Level-12 for promotion to the Level-13 after entry into a post with merely a grade pay of Rs. 4200/- (Level-6).
5.7    Because the reasoning given by the Respondents while declining the demand of the Applicants is absolutely whimsical and devoid of any merit in view of the judgments of Hon’ble High Court of Judicature at Madras in the case of Union of India vs. Sri S. Balakrishnan (WPC No. 11535/ 2014) and in the case of Mr. R. Chandrasekaran versus CAT & Ors. (Writ Petition No. 19024/ 2014), which has obliterated the so called distinction between GP 5400/- in PB2 and GP-5400/- in PB3. So, the Central Excise Superintendents should be promoted to Senior Time Scale post after getting Grade Pay of 5400/- as time scale. There is no justification of promoting an officer to Grade Pay of 5400/- who is already getting a Grade Pay of 5400/-.
5.8    Because, IAS, IPS & IFS (Forest) are the most elite services in the country and the group ‘B’ officers are provided weightage even on promotion to these services in lieu of the service rendered in-group ‘B’. But no such preferential treatment is meted out to the Central Excise Superintendents at the time of entry (if any) to IRS, despite of the latter being one of the most important services of the Govt. of India. 
5.9      Because like CSS, there is a provision of direct recruitment in Group-B non-gazetted and Group-B gazetted posts in CBEC. Hence like CSS, the Group-B gazetted officers of Central Excise and Customs are required to be promoted directly to a post having senior time scale and all the Group-B gazetted officers completing 1½ of qualifying service be promoted to  STS posts as it was done in CSS during 1999, if not getting promotion within prescribed residency period.
5.10    Because the Respondents are violating the underlying principle of equality amongst equals and thus expressly and deliberately depriving the applicants and all the Superintendents of CBEC from direct promotion to Senior Time Scale, i.e., PB-3 Grade Pay 6600/- (Level-11).
5.11    Because 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 GP of Rs. 6600/- in PB-3 including CSS, CPWD, Railway Board, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat, Enforcement Directorate in Revenue Department itself, Forest services, Police services, Foreign Services, Engineering services, State services etc. But Central Excise Superintendents are being promoted merely to a Junior Time Scale (JTS) post with Grade Pay of Rs. 5400/- in PB-3. In these premises, Central Excise Superintendents also deserve to be promoted directly to a STS post keeping in view their extraordinarily acute stagnation. It is also worth to submit that the posts in GP of Rs. 5400/- & 6600/- are functionally same.
5.12    Because the Inspectors in CBEC/CBIC and Intelligence Officers/Inspectors in NCB are recruited in same pay scale by SSC. The posts of Superintendents in CBEC/CBIC and NCB are also filled-up through promotion from the Inspectors/Intelligence Officers.
5.13   Because the High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par.
5.14   Because the Sixth Pay Commission categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar and recommended for parity of Inspector of the Central Bureau of Narcotics with the Inspector of Central Excise.
5.15   Because the Central Excise Inspectors, Inspectors of NCB and Assistants of the Central Secretariat Services (CSS) etc., being analogous posts, are recruited by same recruiting body, i.e., the Staff Selection Commission and in a common scale of pay.
5.16    Because the pay scale of the Assistants was lower than the pay scale of the Central Excise Inspectors based on the recommendations of 4th Pay Commission but was upgraded later to bring at par with Central Excise Inspector without the recommendations of the Pay commission.
5.17    Because at one point of time (before VIth Pay Commission), the pay scale of the Section Officers was also lower than the pay scale of the Central Excise Superintendents but was upgraded later at par with Central Excise Superintendents.
5.18  Because the Inspectors are promoted to the rank of Superintendent whereas the Assistants are promoted as Section Officers. The posts of Central Excise Superintendent and Section officer of CSS are analogous, yet the similarity ends here.  Section Officers are promoted directly to the Senior Time Scale post with a grade pay of Rs. 6600/- (Level-11) and reach up to the level of Joint Secretary in the grade pay of Rs. 10000/- (Level-14) whereas the Central Excise Superintendents are promoted (if at all), to the Junior Time Scale post merely with a grade pay of Rs. 5400/- (Level-10).
5.19    Because the Superintendents (Central Excise) are at loss of at least one level in MACPS due to the non-grant of direct promotion to STS post in comparison to their counterparts in other Ministries/ Departments.
5.20    Because the Superintendents in Narcotics Control Bureau were also granted the non-functional time scale on completion of 4 years of service based on the precedent of the grant of the same to the Superintendents of Central Excise.
5.21    Because at one point of time (before 2005), the pay scale of the Superintendents of NCB  was also lower than the pay scale of the Central Excise Superintendents but was upgraded later at par with Central Excise Superintendent.
5.22    Because Applicant No. 1 and other affected individuals including the applicants sought for removal of disparity and allow promotion to the Group ‘B’ gazetted officers of Central Excise & Customs (i.e., Superintendent) to Senior Time Scale as available to Group ‘B’ gazetted officers in the case of Narcotics Control Bureau, CSS, MPA, MEA, DANICS, DANIPS, CPWD and Railway Board etc. but the respondents have failed to redress the grievance of the applicants, hence present O. A.
5.23  Because there also exists an established parity and relativity between the Superintendents of NCB and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise/CGST are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the same post of Group ‘A’ (i.e., Asstt. Commissioner) till 18.02.03.
5.24 Because the Allocation of Business Rules, 1961 was amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and Superintendents of Central Excise/CGST are till now performing their duties as Superintendents of NCB.
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 and the same has been rejected by the impugned order.
7.     Matters not previously filed or pending with any other court:

The applicants further declare that they had filed O.A. before Principal Bench for instant cause of action which was disposed at the admission stage with the direction to the respondents to decide the representation of the applicants pending before them which has now been decided by the impugned order.
8.     Relief Sought:  
In view of the facts mentioned in para 6 above the applicants prays for the following relief(s):-
1.           To quash and set aside impugned order dated 14/09/2018 directing  the respondents to remove the disparity in the pay scale of promotional post for Central Excise/CGST Superintendents under CBEC/CBIC in comparison to its counterparts in other Departments/ Ministries;
2.           To direct the Respondents to promote Applicants and other similarly situated Central Excise/CGST Superintendents and promotee Asstt. Commissioners to Senior Time Scale (PB3 GP 6600/-) bringing at par with other similar posts including Narcotics Control Bureau, DASS, CSS etc.;
3.           To direct the Respondents to give the benefit of seniority in Group ‘A’ (at least one year against every three years service in Group ‘B’) to the Applicants and other similarly situated Central Excise/CGST Superintendents and promotee Asstt. Commissioners on entry to Group ‘A’ in lieu of the service rendered by them in Group ‘B’;
4.           And/OR may pass such other and further orders /directions which this Hon’ble Tribunal may 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 dires 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 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, Chhidda Singh Sharma, s/o late Sh. M. R. Sharma, r/o 9/768, Lodhi Colony, New Delhi-3, aged about 53 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, Harpal Singh, S/o late Sh. Pratap Singh, r/o Flat no. 6, SE-11, Shastri Nagar, Ghaziabad, U. P. , aged about 48 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
Date:        May, 2019.
Place:        ALLAHABAD.

(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.