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, Pranave Shekhar (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: Soumen Bhattachariya
(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. 173/AIB/C/19
Dt. 05.08.19
To,
Sh.
Pranab Kumar Das,,
Chairman,
CBIC,
North
Block, New Delhi.
Sub: Time scale in PB3.
Sir,
As your goodself knows, the cadre
restructuring of CBIC is already under process. Regarding the subject matter, it
is to submit with due regards that the time scale was given to the Section
Officers of CSS in 2003 in their cadre restructuring. This time scale
was made effective from 1996.
2. Further, the time scale has been granted in PB3 as part of the pay scale to other
counterparts of ours including CSS, CSSS, Railways, DANICS, DANIPS, MEA, MPA
etc. while it is merely in PB2 for Central Excise/CGST Superintendents. It was granted to
CSS officers since 1996 in PB3/equivalent scale even without the
recommendations of any pay commission whereas since 2006 in PB2 to Central
Excise Superintendents in a very discriminatory manner despite of
there being historic parity in their initial pay scales since very beginning.
3. The Superintendents of Central Excise
were placed under the pay scale of Rs. 7500-12000/- w.e.f. 21.04.04 while the
officers of CSS (Central Secretariat Service) & CSSS (Central Secretariat
Stenographer Service) were placed under the equivalent scale later than the
Central Excise Superintendents w.e.f. 01.01.06 to bring these categories at
par. No need to say that it justifies even stronger claim for the
Superintendents to be placed under a time scale in PB3 even in higher scale w.e.f.
the date since when the officers of CSS & CSSS were placed under the Group
‘A’ time scale of Rs. 8000-13500/- or even earlier. The claim of the
Superintendents becomes even stronger on account of the judicial responsibilities
conferred upon them to adjudicate the relevant cases and recording statements
like a Magistrate having validity even before the Supreme Court. Not only it,
the Adjudication Orders are also being prepared by them for the Commissioner
level officers. No such responsibilities have been conferred upon any Group ‘B’
gazetted officer of the Govt. of India including the counterparts of CSS.
4. The above anomalous situation relating
to the time scale in different pay bands gives rise to the disparity and
discrimination. The executive field officers of equal rank and status of the
Department of Revenue working in CBIC have not been treated at par with the
officers of equal status and rank belonging to the Central Secretariat Service
working in headquarters offices despite of 6th CPC recommendations
for the equal treatment to Hqrs and field officers vide chapter 3.1 of its
report. The same recommendations have also been made by the VIIth CPC.
5. Due to the above disparity &
discrimination, the officers joining as the Inspector of Central Excise/CGST
get the first MACP upgradation in the grade pay of Rs.4800/- (in PB-2). They
get the 2nd upgradation or time scale in the grade pay of Rs.5400/-
in PB-2. After completion of 30 years of service, they get the 3rd MACP
upgradation merely in the same grade pay of Rs.5400/- in PB-3 without any
financial enhancement while they were able to get the same only after the
completion of 24 years of service under the original scheme of ACP. On the
contrary, their common entry counterparts of CSS and other organisations
including CPWD are able to get the higher grade pay of Rs. 6600/- or 7600/-
under MACPS after completion of 30 years of service.
6. Due to the above disparity & discrimination,
our officers getting time scale in PB-2 are also not eligible to get other
benefits meant for the officers with grade pay of Rs. 5400/- in PB3 and above
including the performance based higher rate of annual increment as recommended
by the VIth CPC.
7. The Central Excise
Superintendents/Inspectors remain in the same grade pay of Rs. 5400/- itself on
the grant of 2nd MACP upgradation/time scale and 3rd MACP
upgradation. If the said discrimination
and disparity are removed by placing them at par with the CSS and other
counterparts in the matter of time scale, they will also be able to get a grade
pay of Rs. 6600/- or above to undo the discrimination in comparison to other
counterparts.
8. If the above
disparity/discrimination is undone, the anomalous and discriminating situation
may be rectified as the counterparts of CPWD, MEA, MPA, Railway Board, AFHQ,
CSS & CSSS etc. have already got a grade pay of Rs. 7600/- after completion
of 30 years of service {clarification point No. 3 in OM No. 35034/3/2008-Estt.
(D) Dt. 09.09.10 of DOPT}. It is also mention-worthy that there was no
provision of time scale in PB-2 prior to the 6th CPC. It was only in
a scale equivalent to Rs. 5400/- in PB3, i.e., in a Group ‘A’ pay scale.
9. The counterparts of the
Central Excise Superintendents/CGST in State GST already being placed in an
initial pay scale of Level-10 under the present scenario of GST and a pay scale
of Level-10 at par with the DSP of CBI already being recommended by the CBIC
for our Superintendents through OM issued vide F.No. A-26017/154/2015-Ad.IIA
Dt. 22.02.16 and also the Subramanium issue being finalized at the level of the
Apex Court, the Central Excise Superintendents/Inspectors are required to be
granted even higher time scale after the completion of 4 years of service in
Level-10 (or equivalent pay scale) at least w.e.f. the date since when their
counterparts of CSS were granted the time scale.
10. It is also worth to mention
that the pay scale of the Assistants of the CSS was enhanced to Rs. 1640-2900/-
from Rs. 1400-2600/- to grant them parity in pay scale with the Central Excise
Inspector since 01.01.86 after IVth CPC giving due consideration to the
historic parity of both categories in the pay scales. It is also worth to
mention that the pay scale of the Section Officers of the CSS was enhanced to
Grade Pay of Rs. 4800/- (equivalent to Rs. 7500-12000/-) from Rs. 6500-10500/-
to grant them parity in pay scale with the Central Excise Superintendents since
01.01.06 after VIth CPC giving due consideration to the historic parity of both
categories in the pay scales. Now, it will be gross injustice to the Central
Excise Superintendents/Inspectors, if they are not granted the time scale at
least at par with the counterparts of the CSS since the same date to maintain
the historic parity between their pay scales.
11. In view of the above, it is
requested to kindly grant the Superintendents/Inspectors of Central Excise also
the non-functional time scale in PB3 after completion of 4 years of service in
the scale of Superintendent in the ensuing cadre restructuring at least from
the date of the grant of the time scale to the counterparts of CSS.
Thanking you,
Yours sincerely,
(RAVI MALIK),
Secretary General.
Copy with the request of necessary action
to:
1.
The Cabinet Secretary, Govt. of India, President House, New Delhi.
2. The Secretary, Department of Revenue,
North Block, New Delhi.
3. The Secretary, Department of Personnel &
Training, North Block, New Delhi.
4. The Secretary, Department of
Expenditure, North Block, New Delhi.
5. The Member (Admn), CBIC, North Block,
New Delhi.
6. The DG, HRD (HRM), CBIC, New Delhi.
