Compulsory retirement

AMAR UJALA DT. 29.09.19

Bharathan judgement

Disparity in promotions

Time scale in PB3

Writ No. 10156/2019 filed by Mr Ravi Malik, former Secretary General of AIACEGEO, seeking time scale in PB3 instead of PB2 w.e.f. 01.01.96 at par with CCS counterparts for our officers has been admitted in Delhi High Court today on 25.09.19. Next date of hearing is 06.03.2020. Our Delhi Unit denied to be petitioner in it with Mr Ravi Malik due to the reasons known to Delhi Office Bearers only. Originally, Delhi Unit was also petitioner in it in Delhi CAT. If result comes in our favor, our officers will get benefit of time scale w.e.f. 01.01.96 instead of 01.01.06 and will also get GP of 6600/- instead of 5400/- in PB3 after time scale. Thus, it will ascertain the grant of at least a GP of 6600/- to all of our time scale holders.

Recent Key Changes in Direct and Indirect Tax Provisions

KEY CHANGES IN DIRECT AND INDIRECT TAX: 

Key Changes and Recommendations – 37th GST Council Meeting: 

On 20th September 2019, as anticipated, the all-powerful Goods & Services Tax Council (hereinafter ‘Council’), in its 37th Meeting held in Goa, took certain key decisions. Recent economic slowdown coupled with industry’s downward trend and genuine demand for suitable measures has compelled the Central Government to give a thought on further action. Latest proposals, no doubt, in the right direction but revenue forgone (from both GST and Corporate Tax proposals made during the same day) estimated at Rs. 1 trillion to Rs. 1.5 trillion, though short term fiscal pain, yet to see how the Indian economy will do perform in the upcoming festival season. The said decisions may be classified into two broad categories, Recommendations with respect to GST Rates – Goods & Services – and Procedural aspects.

The Council has taken certain decision with respect to Goods, key recommendations are as follows:

Product Name	Old Rate	New Rate
Goods:
Slide Fasteners	18 %	12 %
Marine Fuel	18 %	5 %
Wet Grinders (stone as a grinder)	12 %	5 %
Cut and polished semi- precious stones	3 %	0.25 %
Dried tamarind & Plates and cups made up of leaves/ flowers/bark	5 %	Nil
Specified goods for petroleum operations under Hydrocarbon Exploration Licensing Policy	Applicable rate	5 %
Reduction in Cess – Passenger vehicles of engine capacity 1500 cc in case of diesel, 1200 cc in case of petrol and length not exceeding 4000 mm designed for carrying upto 13 Persons	Currently attracting compensation cess at 15 per cent.	1 percent in the case of petrol 3 % in the case of Diesel
Railway wagons, coaches, rolling stock (without accumulated Input Tax)	5 %	12 %
Caffeinated Beverages	18 %	28 % plus 12 % compensation cess
Packing of goods Polypropylene/Polyethylene Woven and Non- Woven Bags and sacks, laminated or not		Uniform GST rate of 12 %
Services:
Hospitality – Transaction Value per Unit (Rs) per day Rs 1000 and less		Nil
Rs. 1001 to Rs 7500		12 %
Rs. 7501 and more		18 %
Outdoor catering services other than in premises having daily tariff of unit of accommodation of Rs 7501		5 % without Input Tax Credit
Job work services in relation to diamonds	5 %	1.5 %
Supply of machine job work in engineering industry except busbody building	18 %	12 %

The Council has decided to exempt certain goods from GST or Integrated GST on –

(a) Imports of specified defence goods from GST or Integrated GST which are not manufactured indigenously till 2024.

(b) Supply of goods to Federation Internationale de Football Association (FIFA) and other specified persons for organizing the Under-17 Women’s Football World Cup in India.

(c) Supply of goods and services to the Food and Agriculture Organisation (FAO) for specified projects in India.

(d) Limited period of concessional GST rate of 12 % on pulley and wheels used as parts of agricultural machinery during 1st July, 2017 to 31st December, 2018.

(e) It has been decided to exclude ‘Aerated drink manufacturers’ from composition scheme.

The Council has decided to exempt certain service sectors from GST on –

(a) Prospective services by way of storage or warehousing of cereals, pulses, fruits, nuts and vegetables, spices, copra, sugarcane, jaggery, raw vegetable fibres, coffee, tea etc.

(b) Extension of conditional exemption on export freight by air or sea till 30th September, 2020.

(c) Intermediary services to a supplier of goods or recipient of goods subject to supplier and recipient are located outside the taxable territory.

(d) An option to pay GST on royalty charged from publishers under forwarding charge subject to regular compliance.

(e) Supply of services to Federation Internationale de Football Association (FIFA) and other specified persons for organizing the Under-17 Women’s Football World Cup in India. 

Recommendations – Procedural Aspects

The Council has taken certain decisions on procedural aspects to ease the burden on tax payers, they are –

(a) GST Annual Return – With respect to GST Annual Return for the financial year ended 2017-18 and 2018-19, the Council has decided to grant some relief to MSMEs and composite taxpayers –

Form GSTR 9	Optional for those taxpayers who have an aggregate turnover up to Rs. 2 crores.
Form GSTR 9A	Fully waived-off for composition taxpayers

Further, it has been decided to constitute a Committee of Officers (CoO) to examine the simplification of Annual Returns and Reconciliation statement.

(b) Appeal to GSTAT – Since non-operation of GST Appellate Tribunal, the last date for filing of appeals against orders of Appellate Authority before the GSTAT to be extended. Interestingly, on the same day of the Meeting, the Hon’ble Madras High Court has pronounced its reserved Judgment while declaring that composition of GST Appellate Tribunal as Unconstitutional.

(c) Non-compliance – Certain restrictions on availment of Input Tax Credit (ITC) by the recipients in cases where details of outward supplies are not furnished by the suppliers under Section 37 of the Central GST Act, 2017.

(d) New Return System – In order to give sufficient time to taxpayers to file GSTR 1 and GSTR 3B during last quarter of the financial year, the Council has decided to implement the proposed simplified new return system with effect from April 2020 instead of 1st October, 2019 as decided in one of its previous meetings.

(e) Set of Circulars for uniformity in application of the law across all jurisdictions –

i. To prescribe a procedure to claim a refund in FORM GST RFD-01A subsequent to favourable order in appeal.

ii. To eligible to file a refund application in FORM GST RFD-01A for a period and category under which a NIL refund application has already been filed.

iii. To clarify that supply of IT enabled Services (ITeS services) being made on own account or as an intermediary.

iv. To rescind a Circular ab-initio issued in respect of post-sales discount.

v. To bring suitable amendments in Central GST Act, 2017 Union Territory GST Act, 2017, and the corresponding State GST Acts in view of creation of Union Territories of Jammu & Kashmir and Ladakh.

vi. To introduce ‘Integrated Refund System’ by Single Authority with effect from 24th September, 2019.

vii. To link Aadhar with the registration of taxpayers under GST and examine the possibility of making Aadhar mandatory for claiming refunds.

viii. To prescribe reasonable restrictions to tackle the menace of fake invoices and fraudulent refunds.

KEY CHANGES IN INCOME TAX:

The Government has brought in the Taxation Laws (Amendment) Ordinance 2019 to make certain amendments in the Income-tax Act 1961 and the Finance (No. 2) Act 2019. The Finance Minister elaborated further, the salient features of these amendments, which are as under:-

1. In order to promote growth and investment, a new provision has been inserted in the Income-tax Act with effect from FY 2019-20 which allows any domestic company an option to pay income-tax at the rate of 22% subject to condition that they will not avail any exemption/incentive. The effective tax rate for these companies shall be 25.17% inclusive of surcharge & cess. Also, such companies shall not be required to pay Minimum Alternate Tax.
2. In order to attract fresh investment in manufacturing and thereby provide boost to ‘Make-in-India’ initiative of the Government, another new provision has been inserted in the Income-tax Act with effect from FY 2019-20 which allows any new domestic company incorporated on or after 1st October 2019 making fresh investment in manufacturing, an option to pay income-tax at the rate of 15%. This benefit is available to companies which do not avail any exemption/incentive and commences their production on or before 31st March, 2023. The effective tax rate for these companies shall be 17.01% inclusive of surcharge & cess.  Also, such companies shall not be required to pay Minimum Alternate Tax.
3. A company which does not opt for the concessional tax regime and avails the tax exemption/incentive shall continue to pay tax at the pre-amended rate. However, these companies can opt for the concessional tax regime after expiry of their tax holiday/exemption period. After the exercise of the option they shall be liable to pay tax at the rate of 22% and option once exercised cannot be subsequently withdrawn. Further, in order to provide relief to companies which continue to avail exemptions/incentives, the rate of Minimum Alternate Tax has been reduced from existing 18.5% to 15%.
4. In order to stabilise the flow of funds into the capital market, it is provided that enhanced surcharge introduced by the Finance (No.2) Act, 2019 shall not apply on capital gains arising on sale of equity share in a company or a unit of an equity oriented fund or a unit of a business trust liable for securities transaction tax, in the hands of an individual, HUF, AOP, BOI and AJP.
5. The enhanced surcharge shall also not apply to capital gains arising on sale of any security including derivatives, in the hands of Foreign Portfolio Investors (FPIs).
6. In order to provide relief to listed companies which have already made a public announcement of buy-back before 5th July 2019, it is provided that tax on buy-back of shares in case of such companies shall not be charged.
7. The Government has also decided to expand the scope of CSR 2 percent spending. Now CSR 2% fund can be spent on incubators funded by Central or State Government or any agency or Public Sector Undertaking of Central or State Government, and, making contributions to public funded Universities, IITs, National Laboratories and Autonomous Bodies (established under the auspices of ICAR, ICMR, CSIR, DAE, DRDO, DST, Ministry of Electronics and Information Technology) engaged in conducting research in science, technology, engineering and medicine aimed at promoting SDGs.

Also Read relevant Press Releases and Notifications

Taxation Laws (Amendment) Ordinance, 2019

Corporate tax rates slashed to 22% and 15% for domestic companies

Changes in GST Rate on Goods | 37th GST Council Meeting

Changes in GST Rate on Services | 37th GST Council Meeting

Changes in GST Law and Return Filing including Annual Returns

From Allahabad CAT

Notice issued today by Allbd CAT in following cases-
1. Contempt in Subramaniam
2. NFU at par with CSS
3. Scheme to remove stagnation independent of cadre restructuring

Stoppage of social media to give instructions/directions

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

President:                                     Address for communication:                                       Secretary General:

T. Dass                             Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                                     Harpal Singh

Mob.9848088928       mail Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in        Mob.9717510598

Vice Presidents: B L Meena, K V Sriniwas  (Central) Chinmoy Ghosh, Rajashish Dutta (East) Ashish Vajpayee, Amadul Islam (North) B Pavan K Reddy, M Jegannathan (South) Sanjeev Sahai, U D Meena (West) Joint Secretaries: S P Pandey, T A Manojuman (Central) Apurba Roy, Siddhath Tewari (East) A K Meena, S K Shrimali (West) Anand Narayan, Prabhakar Sharma (North) H Sadanand, M Nagaraju (South); All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: Manoi Kumar 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)

Office address: 206, B wing, CGO Complex II, Kamla Nehru Nagar, Ghaziabad

Ref. No. 218/AIB/S/19                                                                                 Dt. 23.09.19

To,

Sh. Pranab Kumar Das,

Chairman, CBIC,

North Block, New Delhi.

Sub: Request for stoppage of social media to give instructions/directions.

Sir,

            Kindly refer to the earlier communications of the Association on the issue including Ref. No. 13/AIB/W/19 Dt. 18.01.19 and Circular issued vide No.A.49011/1/2017/DPAR/CCD(2) Dt. 02.01.17 of the Govt. of Puducherry (enclosed herewith).

2. Further, it is to submit with due regards that the social media and digital mode particularly whatsap is also being used in the CBIC and its formations for official communications to give instructions and directions to the officers. These directions are being given at every minute to the subordinate officers.

3. As mentioned in the above referred Circular of the Govt. of Puducherry, any foreign country can get the official communication and the documents uploaded on social media. To make official communications on the social media is not only the violation of the Official Secrets Act but it is also against the guidelines issued by the Ministry of Information Technology, Govt. of India, New Delhi.

4. As the mention of the guidelines of the Ministry of Information Technology has been made in the Circular of the Govt. of Puducherry, it is understood that the same procedure should be followed in all govt. offices including the CBIC. No such procedure of giving directions/instructions has also been prescribed in the Office Procedure Manual.

5. In view of the above, it is requested-

i) to direct the authorities under CBIC not to give directions/instructions on any social media including the whatsap.

ii) to direct the officers that all govt. officers/officials and employees of societies/organisations run by govt. shall desist from use of social media for official work. No group shall be formed for official communication and they should not be members of any official group run in social media nor interact with seniors bypassing the administrative hierarchy and routine official channel.

iii) whenever it is essential and unavoidable, written permission should be taken from the Cabinet Secretary for doing govt. work through social media.    

            Thanking you,

Yours sincerely,

Encl: As above.                                                                                                                                

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action to:

1) The Revenue Secretary, North Block, New Delhi.

2) The DOPT Secretary, North Block, New Delhi.

3) The Secretary, Ministry of Electronics and Information Technology, Electronics Niketan, 6, CGO Complex, Lodhi Road, New Delhi: 110003

4) The Cabinet Secretary, President House, New Delhi.

DoPT Seeks Service Profile of Central Services

F.No. 11019/26/2019-CRD
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
(Cadre Review Division)

3rd Floor, Lok Nayak Bhawan,
Khan Market,
New Delhi-03 Dated: 17th September, 2019

OFFICE MEMORANDUM

Service Profile of Central Services -reg

DoP&T is the nodal department for manpower planning and policy. In order to formulate manpower planning and policies, Service Profile of various Services/ cadres/ posts in Govt. of India is required.

In view of the above, all the Ministries/ Departments are requested to furnish the requisite information (as per the proforma enclosed) for all the Services/ cadres/ posts under their administrative control latest by 30.09.19 positively. The information may also be emailed at randhir.kumar14@nic.in or gourang.goswamy@nic.in.

( MS Subramanya Rao)
Director
(CRD) Ph: 24624893

DoPT Seeks Service Profile of Central Services Download

Whtsp & other social media instructions

It seems applicable to all govt organizations, central as well as state govt👆 as he has mentioned ministry of information technology guidelines

Emergency treatment in CGHS empanelled Hospitals

Emergency treatment in CGHS empanelled Hospitals

No. S.11011/29/2019-EHS
Government of India
Ministry of Health & Family Welfare
Department of Health & Family Welfare

Nirman Bhawan, New Delhi — 110 108
Dated: the 13thSeptember, 2019

OFFICE MEMORANDUM

Emergency treatment in CGHS empanelled Hospitals.

     The extant instructions under CGHS provide that t under emergency conditions, a CGHS beneficiary can get admission in any CGHS empanelled Hospital without any prior permission. It has, however, been brought to the notice that the Hospitals deny admission or insist on referral memo from CGHS Wellness Centre even in emergency conditions.

2. In accordance with the Memorandum of Agreement between the CGHS empanelled Hospital and the Government of India, refusal to provide treatment to bonafide CGHS beneficiaries in emergency cases and other eligible categories of beneficiaries on credit basis, without valid ground, would attract disqualification for continuation of empanelment.
3. It is, therefore, reiterated that in emergency the empanelled hospitals will
   not refuse admission or demand an advance payment from the COBS beneficiary or his family member and will provide credit facilities to the patient.

Jodhpur Convention Report

REPORT OF THE ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS FOR THE 13^TH CONVENTION & GENERAL BODY MEETING BEING HELD AT

JODHPUR ON 14.09.19 TO 15.09.19

Dear friends,

            I feel honoured and privileged and it’s my great pleasure to extend warm welcome to all delegates who have come to this important gathering on the occasion of our 13^th Convention and General Body Meeting to give support and encouragement in our efforts in improving the prospects of all the Central Excise Gazetted Executive Officers posted throughout India. The report of the activities of our Association is being placed before you by me in my capacity as Secretary General. I am confident that you will go through the report critically and approve the same with your valuable observations so as to enable the future leadership of our Association to chalk out suitable action plan and carry out activities accordingly for realizing the aspirations of our officers posted throughout India.

 2. I also congratulate and thank the hosts on behalf of the All India Association of Central Excise Gazetted Executive Officers for this excellently pleasing & beautiful arrangement. Very hopefully, this meeting would further strengthen our solidarity and unity giving all of us one more opportunity to interact with each other and give constructive suggestions in the common interest. No need to say that our united efforts are the only key to our success as nothing is easy in the system for us without unity. I thank and congratulate whole Rajasthan to have this meeting. Salute to whole team and all contributors involved in the great work of convening the Convention and General Body Meeting.

            3. Despite of the fact that everything and every action of the All India Body have already been communicated through the electronic mails, whatsap & blogspot (cengoindia.blogspot.in) of the Association, I have the privilege to submit this brief report as the convention on behalf of the All India Association of Central Excise Gazetted Executive Officers. This Report is nothing but a report on behalf of the whole executive body and all members of the Association regarding collective & united efforts made by all of us in the common interest. It has, therefore, been termed as the report of the existing body instead of the Secretary General's report. 

4. An Association can never function properly without the proper rapport and tuning among all the office bearers and members including the President and Secretary General. All of them gave their full support to the Association and co­operated in each and every matter in truly cordial manner. Whatever happened during the tenure of the existing body, it was never possible without the unity, cooperation, contribution, coordination & commitment of all of them. I am personally thankful to all of them for their roles in the common interest.

5. It is now time for a new Central Committee to take charge of the AIACEGEO.  Our ensuing Convention will elect a new Committee. We trust that our units would exercise their franchise astutely with foresight showing good judgment to elect new Committee. It has been a great privilege to champion the cause of the cadre since May, 2017 when we were elected at the Gandhidham Convention. I trust that the new body would not forget to pursue the existing issues including court matters in addition to the new ones in the common interest of the cadre of the Central Excise Gazetted Executive Officers without any element of categorism or regionalism. We have to keep remembered that our category is only “Central Excise Gazetted Executive Officer” and our region is only “whole country”.

6. The existing body of the All India Association of Central Excise Gazetted Executive Officers took up various issues in the interest of the cadre including pay matters, MACP matters and the issues relating to career prospects during its tenure. Every step was taken for the success and bright future of the cadre whether relating to career prospects or pay matters or any other issues.

7. The cadre related issues were taken up by the All India Body at the various levels including HRD, the Members and Chairman of the CBIC, Revenue Secretary, DOPT Secretary, Expenditure Secretary, Cabinet Secretary, MOS of DOPT, MOS of Expenditure, MOS of Revenue, PMO & PMO Minister, Minister of Finance etc. having meetings with them and submitting the representations. It also includes the relevant correspondence made with the Hon’ble Prime Minister.

8. DPC for the post of Asstt. Commissioner for the years 2016-17 and 2017-18 were delayed due to court cases despite of the hectic persuasions by the Association. Association made the best efforts to get the DPC done but it was delayed due to stay taken by Sh. Manimohan & associates on DPC in Bharathan case in the Hon’ble Supreme Court. We got the stay vacated to get our officers promoted throughout India but we had to incur huge amount as legal fees to get this stay vacated and the DPCs for both years done to promote our officers. These huge fees are still unrecoverable and we have taken a good amount on loan for the purpose which is yet to be paid. The DPC for the transition year 2018 is still pending due to legal stays. We have already got vacated legal stays at Jabalpur and Bengaluru CATs. The DPC for the year 2019 is also pending due to the DPC for the transition year 2018 not being held. If legal stays were not there, the DPC for the transition year 2018 would have happen in the month of December, 2018 itself and the DPC for the year 2019 in the month of April, 2019 itself as per the understanding given to the Association by the administration. Thus, thousands more promotions could happen during the tenure of this body which didn’t happen due to the legal stays taken by our own officers. Needless to say that everybody has right to fight his/her case in the legal court but it should have happened without taking the stay on the promotions of others. The promotions could have been reviewed later as per the final verdict of the legal case.

9. It is really unfortunate that Sh. Manimohan & associates went personal in the Bharathan case and challenged even my seniority individually based on wrong averments without going into facts. Here, Sh. Chandramouli played a foul trick and he supplied the notice meant for us to Sh. Manimohan. Not only it, the comment of Sh. Chandramouli on the vacation of the stay was, “match fixing successful”. It means that they don’t hesitate to make contemptuous and derogatory comments even against the Hon’ble Supreme Court. They wasted huge money of member officers to get the stay on DPC continued by hiring three Senior Advocates alongwith other Advocates on record. They also forced us to incur huge money for hiring the Senior Advocate to get the stay on DPC vacated. No need to say that the senior advocates charge hefty fees in lacs per hearing.   

10. The issue of online writing of APARs of Group ‘B’ and ‘C’ officers was taken up by the Association on the lines of group ‘A’, so that no APAR remains unreported, unreviwed or delayed. As a result, online writing of APARs of Group ‘B’ and ‘C’ officers have already been started under SPARROW from the year of 2018-19. Now, no APAR of our officers will remain unreported or unreviewed nor will be delayed or misplaced.

11. Next cadre restructuring being due, the matter was taken up with the administration and the process of the next cadre restructuring was got started by the Association. Needless to say that the career prospects of our officers will be improved as a result of it. The most important point in this cadre restructuring is to create a separate service for our officers which will open new avenues for our career prospects. Many points were principally agreed by the administration in the meeting held with us on the cadre restructuring. However, the things are finally to be decided at the level of the Cabinet after being routed through DOPT, Expenditure, Cadre Review Committee and Cabinet Secretary. Every effort is being made to get the maximum benefit of this opportunity for our officers. Draft on separate service rules have already been submitted to the CBIC and the efforts are being made to get the service created upto the maximum possible level.

12. A meeting of the Association was held with the administration on cadre restructuring in the month of August, 2018 on 01.08.19 and the following issues among others were stressed-

i) Parity with the counterparts and merger of group ‘B’ Executive non-gazetted as well as gazetted categories: We pursued the matter of parity in promotions by merging three categories into one cadre at basic feeder as well as Group B gazetted level as cadres in the Directorates under CBIC have already been merged. It was asked by the administration specifically whether the Association wants merger of all of three executive streams, i.e., Central Excise Inspector/Superintendent, Customs Preventive Officer/Superintendent and Customs Examiner/Appraiser. Our reply was that the merger of all of three executive streams should immediately be done and it should also be done with due parity in promotions with the counterparts of Customs. For it, we also requested to implement the verdict given in the OA No. 2323/2012 which was agreed and the copy of the order was asked by them. Due measures to be taken for granting the parity in promotions were also suggested by the Association. The administration agreed for the merger.

ii) Removal of regional disparities in promotions by merging all CCAs under field formations in CBIC: This point was also agreed by the administration as the cadres under the various Directorates have already been merged.

iii) Bringing a scheme for our officers to remove stagnation independent of cadre restructuring as approved by the Cabinet at the time of the approval of the last cadre restructuring: It is to bring prior to the ensuing cadre restructuring.: This point was also agreed by the administration being already recommended by the Cabinet.

iv) Creation of Flexible Complementary/Dynamic Assured Career Progression Scheme (FCS or DACP) for our officers to grant them at least 5 in-situ promotions which is also an already recommended issue by the CBIC and already existing in the Department of Science & Technology as well as Department of Health.

v) Shortage of manpower and infrastructure: This point was also agreed by the administration to do the needful in this direction.

vi) Immediate implementation of in-situ promotion scheme approved in the Board meeting of 18.02.11: This point was also agreed by the administration. It will remove our regional disparities as an instant measure and also retire our all officers at least in Level-11 by promoting them as Asstt. Commissioner after 20 years of service and as Deputy Commissioner after 25 years of service after joining the job as Inspector..

vii) Promotion of our Superintendent to a STS (Deputy Commissioner) post instead of JTS (Asstt. Commissioner) like other Group ‘B’ gazetted counterparts of Central as well as State Governments:  This point was also agreed by the administration and they themselves said that this issue had also already been recommended by the Stagnation Committee.

viii) Upgradation/redesignation of posts, enhancement of pay scales and providing of due infrastructure like State GST in State Governments: This point was also agreed by the administration.

ix) Responsibilities in proportion of ranks as the whole burden is being born only by the Superintendents and Asstt. Commissioners: This point was also agreed by the administration.

x) Implementation of the Stagnation Committee report: This point was also agreed by the administration.

xi)  Non-functional Financial Upgradation (NFU) to give financial parity with the best placed counterparts like CSS etc. to our officers joining the job as Inspector as this will require no creation of any post: This point was also agreed by the administration and they themselves said that this issue had also already been recommended by the Stagnation Committee.

xii) Time scale of Level-10 after four years of service to our Officers like CSS: This point was also agreed by the administration and the concerned member of the committee was asked by the ADG to arrange relevant papers regarding CSS. We requested for its grant with retrospective effect from the date of its grant to the officers of CSS without offsetting with the MACP upgradation.

xiii) Creation of separate service for our officers like CSS at least upto the level of Commissioner for our officers without merging with the IRS: The creation of separate service for us was also agreed by the administration and the concerned member of the committee was asked by the ADG to arrange relevant papers regarding CSS. However, very unfortunately, Sh. Manimohan & associates and Sh. S. K. Patil & associates have asked it only upto the level of Joint Commissioner which may dilute this issue.

xiv) Seniority benefit on promotion to group ‘A’ in lieu of the service rendered in group ‘B’. In the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was mentioned that this issue will be taken up after implementation of cadre restructuring but nothing has been done till date after the last cadre restructuring on this issue. This point was also agreed by the administration and they themselves said that this issue had already been recommended by the Stagnation Committee.

xv) Promoting all Superintendents completing 1.5 times of qualifying service on the lines of CSS: In the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was mentioned that this issue will be taken up after implementation of the cadre restructuring but nothing has been done till date on this issue after the last cadre restructuring. This point was also agreed by the administration and the concerned member of the committee was asked by the ADG to arrange the relevant papers regarding CSS.

xvi) Creation of reserve pool posts, which couldn’t be created in the last cadre restructuring. In the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was mentioned that this position can be reviewed after one year of the implementation of the cadre restructuring but nothing has been done till date on this issue after the last cadre restructuring. This point was also agreed by the administration. 

xvii) Enhancement of promotion quota at Group ‘A’ entry level: As per the DOPT guidelines, it has already been decided not to make direct recruitment more than 3% of total Group ‘A’ strength at Group ‘A’ entry level. So, the promotion quota at Group ‘A’ entry level is required to be enhanced accordingly. This point was also agreed by the administration to enhance promotion quota from ½ to 2/3^rd. They were also asked by us to give all posts in addition to maximum 3% direct recruitment of total Group ‘A’ strength as prescribed by DOPT for our promotions. They also agreed to it and informed that it is already under process.   

xviii) Timely promotions: They replied that DPCs were delayed due to court stays. However, every effort is being made to expedite the next DPC.

xix) Extension of the temporary posts of Asstt. Commissioner: This point was also agreed by them and the posts have already been extended further for three years.

(xx) Merger of Level-9 and 10 which is also an already recommended issue by the CBIC. Hon’ble Madras High Court in Writ Petition no. 11535/2014 with M.P No. 1/2014 decided on 16.10.14 has already upheld that the Grade Pay of Rs. 5400/- in PB-2 (Level-9) & PB-3 (Level-10) is one and same without any difference. The said judgment was finalized by the Hon’ble Apex Court in Special Leave to Appeal (C) 15396 OF 2015.

(xxi) Fulfillment of the commitments made during the presentation made on last cadre restructuring proposal on 18.01.11, which couldn’t be covered in the last cadre restructuring. In the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was mentioned that this issue will be taken up after implementation of the cadre restructuring but nothing has been done. During the said presentation, many good things were agreed and recommended for the cadre by the CBIC on persuasion by the Association.

(xxii) Regularisation of ad-hoc promotions based on the rules existing on the date of the regularisation. In the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was mentioned that this issue will be taken up after implementation of the cadre restructuring but nothing has been done till date on this issue after the last cadre restructuring.

(xxiii) Conversion of temporary posts of Asstt. Commissioner to regular/permanent keeping the same intact for promotee officers forever, deletion of the clause in cadre restructuring notification that the officers promoted against these posts would not be entitled for further promotion and counting of service rendered on temporary post of Asstt. Commissioner for further promotions. In the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was mentioned that this issue will be taken up only after one year of implementation of the cadre restructuring but nothing has been done till date on this issue after the last cadre restructuring.

(xxiv) Time scale after every 7 years to the officers after joining the job as Inspector. It was also recommended by CBIC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for our officers. No posts will be required to be created for the grant of time scale after every 7 years.

(xxv) Notional promotions granting batch to batch parity to our officers with the best placed common entry counterparts like Customs/CBDT/CSS etc. There already exist so many legal verdicts in the favour of various employees of many other organizations on notional promotions.

(xxvi) Creation of supernumerary posts to grant parity in promotions with the counterparts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer. There already exist so many legal verdicts in the favour of various employees of many other organizations on supernumerary posts too.

 (xxvii) Direct promotion to higher post/s: Customs Ministerial officers were promoted as Appraiser without working even for a single day on the feeder post of Examiner in Mumbai Customs zone. Likewise, our officers may also kindly be promoted directly to the higher posts at par with common entry counterparts.

(xxviii) In-situ promotions (requiring no creation of posts) on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector.

(xxix) Non-functional financial upgradation on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector. No need to say that the same have been prescribed by the DOPT with due diligence and application of mind.

(xxx) Merger of the sanctioned strength of Assistant Commissioner and Deputy Commissioner as already done in the case of Joint Commissioner and Additional Commissioner, both categories being functionally same.

(xxxi) Earmarking of share of promotee officers upto the level of Commissioner.

(xxxii) Filling-up of all posts of Asstt. Commissioner first by Central Excise Superintendents till they are placed at par with the Customs in the matter of entry into group ‘A’.

(xxxiii) Inclusion of at least one member from the Association in the cadre restructuring committee.

(xxxiv) Stoppage of direct recruitment in IRS at least for 10 years: It will give opportunity of promotions to our acutely stagnated officers.

(xxxv) All posts at Group ‘A’ entry level to be filled by promotions only.

(xxxvi) Assured Progression Scheme: An organization specific Assured Progression Scheme to be brought for the officers joining as Inspector, direct or promotee. This progression may be in the form of time bound promotions/in-situ promotions/financial upgradations to the higher grades based on the modal of Rajya Sabha Secretariat as below to remove the stagnation of our poor officers as also recommended by the Cabinet-

            (a) Assured progression to Level-8 after completion of 3 years of service from Level-7. As per DOPT guidelines, residency period is prescribed as 2 years for the same.

            (b) Assured progression to Level-10 after completion of 6 years of service from Level-7. As per DOPT guidelines, residency period is prescribed as 4 years for the same.

(c) Assured progression to Level-11 after completion of 10½ years of service from Level-7. As per DOPT guidelines, residency period is prescribed as 7 years for the same.

(d) Assured progression to Level-12 after completion of 18 years of service from Level-7. As per DOPT guidelines, residency period is prescribed as 12 years for the same.

(e) Assured progression to Level-13 after completion of 25½ years of service from Level-7. As per DOPT guidelines, residency period is prescribed as 17 years for the same.

(f) Assured progression to Level-14 after completion of 30 years of service from Level-7. As per DOPT guidelines, residency period is prescribed as 20 years for the same.

(g) And so on.

(xxxvii) Manpower and infra-structure requirement under GST: This point was also agreed by the administration.

13. Re-designation of the Superintendent under time scale of Level-9 with four years of service as Senior Superintendent: They made this offer but we strictly denied it as they will count it one promotion. But unfortunately, Sh. Manimohan & associates agreed to it despite of knowing that we are already fighting for initial pay scale for our Superintendent in Level-10 and next promotion to Senior Time Scale post of Deputy Commissioner. Unfortunately, Sh. Manimohan & associates also sought a pay scale of Level-9 for our Superintendent instead of Level-10 later. They don’t understand that the acceptance of the redesignation of 4 years of Superintendent as Senior Superintendent is damaging to the cadre.                                      

14. The transfer matters of the office bearers of the units of the Association were also taken up successfully wherever required. On being asked by the concerned unit, the local issues were also taken up whenever asked by the units. Despite of not being related to our Association, the arrest and suspension cases/regularization of service of our Inspector brotherns were also taken up being continuously in touch with our Lucknow and Agra Units. The role of both of our units in these cases was very remarkable and highly appreciable.   

15. Thus, the matter of unwarranted and illegal suspension of our two Inspectors of Lucknow Zone was taken up successfully. Not only their suspension was revoked but their service under suspension was also regularized and their case was closed. The role of our Agra Unit in this case was very remarkable. All credits and all appreciations go to our Agra Unit. Our Association also interfered in the unwarranted and illegal arrest of one of our Inspectors in Lucknow. Our Board agreed to our concern and wrote to the concerned Chief Commissioner to look into the matter and send action taken report.

16. The issue of the extension of temporary posts of Asstt. Commissioner was successfully taken up with the administration including the nodal department of Expenditure. The Department of Expenditure was of the mind to abolish the unfilled posts but finally they agreed to extend all posts on being pursued by the Association. However, these posts have been extended further for three years instead of five years as the then Revenue Secretary was of the mind that these may be extended further, if required beyond three years. Efforts are also being made to get these posts permanent in the cadre restructuring as a part of a separate service for our officers.

17. The issue relating to the timely disposal of the vigilance matters was also taken up on which work has already been started and these cases are being expedited. During the meeting of 12.07.19, the Member (Admn) was also pleased to say that the work on it has already been started and he also intended to get it done.

18. The issue of Centralised/on line GPF account was being taken up by the Association since very beginning and was under active consideration in the Department of Expenditure for us and all government employees. For the purpose, Centralized online GPF Module has already been rolled out by the govt. for all departments and it will be implemented in the CBIC also in the due course.

19. One of our officers namely Sh. A. S. Kundu was suspended in the Ahmadabad Zone. The case of his revocation was taken up with the administration with the help of our Ahmedabad unit and his suspension was got revoked. The role of our Ahmedabad Unit in this case was very remarkable and highly appreciable. All credits go to them.

20. The matter of the reorganisation of Customs was taken up successfully with the administration. It was being apprehended that a substantive share of promotional posts may go to the Customs under the reorganization. But by the efforts of the Association, reorganized Customs formations have been manned by the Central Excise/CGST personnel. Unfortunately, Sh. Manimohan & associates also wasted the hard earned money of member officers in this matter by filing a legal case. The administration had already promised us to settle the issue as per our demand to man the Customs formations by the GST personnel.

21. The issue of wearing of the uniform was also taken up by the Association seeking statutory guidelines for wearing the uniform by all officers from top to bottom, if it is really necessary to wear. Otherwise officers should not be forced to wear the same particularly at the work places where it has no utility. It was also asked that the use of uniform should also be stopped for decorative purpose as a matter of pleasure of the higher ups. The suggestions were also asked from the field formations by the HRD division of CBIC based on our representation but the issue is yet to be decided. That’s why no uniform has been finalised for the GST by the CBIC till date. However, the instances of its misuse for personal pleasure of the higher ups are still not ruled out.

22. The publication of the All India Seniority List of the Superintendents beyond 2006 was also taken up. It was not issued beyond 2006 despite the draft list upto 2011 already being ready on the persuasion of the Association. This couldn’t be published due to the court cases. However, being under regular persuasion, it can be published any time.  

23. The matter of the minimization of the litigations with our officers on service matters was also taken up by the Association. The Board has already initiated action on this by asking details from the field formations regarding court cases on service matters to streamline the same.

24. The issue of the dislocation of the staff under GST was also taken up. It was feared that our officers would be transferred on mass level as a result of the implementation of the GST. This displacement of staff under GST was also feared on account of abolishing of some Commissinerates. But situation was controlled by the efforts made by the Association.

25. The matter of digitized service book was also taken up. Now, the process of issuing e-service book has already been initiated by the government and will be implemented in our CBIC also in the due course.

26. The matter of in rem implementation of the Subramaniam verdict is being pursued vigorously. It was got recommended to the nodal department of Expenditure at least thrice from the CBIC and is still in active persuasion with the administration. A petition has also been filed in the Principal Bench of CAT in Delhi for its in rem implementation which is repeatedly being posted for next date and now posted for 25.09.19 despite of the petition for early hearing being allowed. A contempt petition has also been filed in the Allahabad CAT on this issue and another contempt petition to be filed in the Hon’ble Supreme Court on it is in the pipe line as the relevant papers have already been handed over to the advocate. The following two issues have been settled in this verdict-

(a) To grant time scale after completion of 4 years of service in the scale of Superintendent.

(b)  The MACP/ACP upgradation can’t be offset with the time scale.

27. Sh. Manimohan & associates, however, are making an adverse propaganda on Subramaniam issue circulating a letter Dt. 23.12.08 written by me at the time of working as the General Secretary of AIACEGEO, Delhi. Purpose of this letter of mine was actually to seek the clarification about the date of the grant of non-functional upgradation to the Group ‘B’ officers. Interestingly, Sh. Manimohan & associates misinterpreted this letter propagating that I opposed the Subramaniam issue whereas this issue was not even in the sight on this day at all. Moreover, this issue will also benefit to me. So, there arises no question of opposing it by me. Only a fool can say that I opposed it. My letter was basically to get the authorities understood that the pay scale of Rs. 6500-10500/- prior to 21.04.04 and Rs. 7500-12000/- w.e.f. 21.04.04 granted to us was one and the same thing. Our Board allowed the time scale (4 years NFU) to our officers w.e.f. 21.04.08 only (after 4 years of the grant of the scale of Rs. 7500-12000/-) instead of 01.01.06. Based on the letter of mine only, a clarification came from the Board to grant the said benefit to our officers w.e.f. 01.01.06 instead of 21.04.08. I never expected such foolish mis-interpretation of my letter by Sh. Manimohan & associates or anybody who are working at gazetted levels in the govt.

28. Not only it, Sh. Manimohan & associates also made adverse propaganda about the elections of Delhi Unit without knowing that General Body Meetings were being held in Delhi on regular intervals. In these General Body Meetings, it was always decided by the august House to continue with the existing body of the Association.

29. One more contempt petition to be filed in the Hon’ble High Court of Delhi for in rem implementation of the Hariram verdict is in the pipe line as the relevant papers have already been handed over to the advocate. It has been settled in this verdict by the Hon’ble High Court that the MACP upgradation can’t be offset with the time scale. No appeal has been made against the order of the Hon’ble High Court and it has also already been accepted and implemented.

30. One contempt petition has also been filed in the Hon’ble Supreme Court for in rem implementation of the Balakrishnan verdict decided by the Hon’ble High Court of Madras and settled at the level of the Hon’ble Supreme Court. It has been established in this verdict that-

(a) the Grade Pay of Rs.5400/- in PB-2 being non-functional scale, the same cannot be a functional Grade.

(b) there is no difference between the Grade Pay of Rs. 5400/- in PB2 and Rs. 5400/- in PB3.

(c) the Grade pay of Rs. 5400/- in PB3 is no way higher than Rs. 5400/- in PB2.

(d) the time scale/NFG in Grade Pay of Rs. 5400/-  granted after completion of four years of service in Grade Pay of Rs. 4800/- or equivalent pay scale can not be offset with ACP/MACP upgradation.

(e) the next Grade pay to be granted as MACP upgradation after the grant of time scale/NFG in Grade Pay of Rs. 5400/-  is Rs. 6600/-.   

31. As referred above, an OA No. 2323/2012 was filed in the Principal Bench of CAT by the Association challenging the discriminating Group ‘A’ Recruitment Rules and maintaining parity in promotions among three base categories (Inspector, Preventive Officer & Examiner) of Inspectors. The prayer in the OA was made for amendment/revision of the Recruitment Rules to bring all the Inspectors (i.e., Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India Combined Examination in parity to maintain the principle of equal opportunity & equality before law and to save the senior Central Excise officers from humiliation of working under their juniors of Customs belonging to the same cadre of Inspector under CBIC. The Hon’ble CAT directed the CBIC to expedite the process of amendment of the Recruitment Rules by taking effective steps for Notification of the Recruitment Rules, within a reasonable period, preferably within four months from the date of receipt of a copy of the order. No need to say that not only the regional disparities will be removed but we would also get parity with our intra-organisational counterparts of Customs by getting promotions to the higher levels, if this order is implemented by the CBIC in right perspective. The CBIC, however, did nothing on the issue even after the expiry of more than two years. So, we have already filed execution-cum-contempt petition for the implementation of this order. As a result, they have reduced the qualifying service for promotion to the post of Superintendent to make it at par with the Examiners. It is well pertinent to mention in this regard that the Examiner of 1984 has already become Addl. Commissioner whereas our Central Excise Inspectors of 1984 are yet to become even Asstt. Commissioner. The execution cum contempt petition is yet to be finalised in the Principal Bench of CAT at New Delhi.    

32. The matter of the transfer of the promotee Asstt. Commissioners was also taken up. The administration has promised that the policy will certainly be followed this time and the representations of all promotee Asstt. Commissioner within three years of retirement will be considered positively and they will be transferred as per policy alongwith considering the other compassionate grounds too.

33. CPGRAM grievances and RTI applications were used on many issues. Based on their reply, legal cases have been filed in the legal courts in the interest of the cadre as being mentioned in the forthcoming paragraphs. Now, it seems that to fight legal cases in the various courts remains the only way for us to redress our issues because of not being able to follow any strong and united agitational programme due to the reason whatever it is. And because it is also true that administration is noway interested to give any relief to us unless directed by the legal court to do so. Accordingly, the OAs, writs and contempt petitions have been filed on many important issues.

34. As we all know that the Cabinet recommended to bring some specific scheme independent of the cadre restructuring to remove stagnation of our officers but very unfortunately, nothing has been done by the CBIC in this direction till date. However, Ms. Vanaja Sarna, on her elevation to the post of the Chairperson, assured to bring the specific scheme for already stagnated officers as well as future generations but nothing done. So, we have already filed a case in the Hon’ble CAT of Allahabad to bring the said scheme.

 35. The AIACEGEO got approved from the competent authority of Expenditure to implement para 7.15.24 of 6^th CPC report enhancing the pay scale of our Superintendent at par with the Chief Enforcement Officer vide UO No. 6/37/98-IC Dt. 24.11.14 but unfortunately, the lower rank officer of the level of the Under Secretary said to send the same to 7^th CPC. The issue was not sent to the 7^th CPC by the CBIC because of being already settled by the 6^th CPC. CBIC, therefore, forwarded our representation to the 7^th CPC in which we sought the initial scale for our Superintendent at par with the DSP of CBI, i.e., 5400/- in PB-3. It is surprising that the said Under Secretary of Expenditure asked to resend the issue to the pay commission (7^th CPC) which was already recommended by the pay commission (6^th CPC). The matter has now been filed in the Hon’ble CAT of Allahabad seeking the pay scale at par with the Chief Enforcement Officer for our Superintendents since the date from which the pay scale of the Chief Enforcement Officers was enhanced who were earlier in the pay scale of our Superintendent. The Chief Enforcement Officer has been designated as Asstt. Director and has already been placed in the pay scale of Level-10, i.e., GP of Rs. 5400/- in PB3.  

36. The issue of the arrears at par with the Superintendent of NCB was also pursued but was not agreed by the Expenditure as it was got recommended to the Expenditure as well as IFU by the Association from the CBIC. The pay scale of the Superintendents of NCB was enhanced to Rs. 7500-12000/- at par with our Superintendent on 20.04.05 retrospectively w.e.f. 01.01.96 with arrears based on the parity of NCB Superintendent with our Superintendent, whereas our Superintendents were granted this scale prior to them on 21.04.04 with prospective effect only. This case is also being pursued legally in Principal Bench of CAT at Delhi seeking arrears of pay for our Superintendents at par with the Superintendents of NCB w.e.f. 01.01.96. All officers, who became Superintendents prior to 21.04.04, will be benefited by this case. NCB Superintendents were our part & parcel till 2003 under the Department of Revenue. After it, they were sent under the control of the Home Affairs. They were also granted time scale based on our precedent. But the benefit granted to them is not being given to us.

37. One case is also being pursued legally for in rem implementation of the Chandrasekaran case in Principal Bench of CAT. The issue involved in this is not to consider four yrs time scale as one MACP upgradation and grant of GP of 6600/- after GP of 5400/-.

38. A case was filed in the Principal Bench of CAT seeking a GP of Rs. 6600/- and 7600/- after completion of 20 and 30 years of service respectively under MACPS as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now they are getting the same after 30 years of service under MACPS. The OA was allowed by the Hon’ble CAT without granting the sought relief and diverting it to the recovery of the individual applicant. So, a writ has been filed in the Hon’ble High Court of Delhi on the issue challenging para 8.1 and offsetting of time scale with MACP upgradation due to which we are unable to get the due benefit under MACPS.

39. A case was also filed in the Principal Bench of CAT seeking the Time Scale in PB-3 instead of PB-2 after completion of four years of service for our officers as our counterparts including CSS have been granted this time scale in PB3 at the most of the places. The CSS and CSSS officers have been granted this benefit since 1996 notionally with retrospective effect vide the order issued in 2003 and actual benefit from 2003. The CAT disposed off it by making wrong recording of the facts instead of considering the actual facts and asked the Association to make representation to the CBIC. The CBIC like ever did nothing on the representation. So, a writ has been filed in the Hon’ble High Court of Delhi on this issue also as per the legal advice keeping in view the wrong recording of facts by the CAT.

40. A writ seeking the pay scale at par with DSP of CBI with arrears since 01.01.1986 (i.e., the date from which the pay scale of the DSP of CBI was enhanced above the pay scale of our Superintendent) for our Superintendents has also been filed in the Hon’ble High Court of Cuttack as the CAT showed its inability to interfere in the pay matter. This issue, however, is being opposed by Sh. Manimohan & associates. They are advocating that it should be since 1996 instead of 1986 and also should be on notional basis instead of actual basis.

41. A writ seeking the arrears of pay at par with Inspectors of CBI since 01.01.1986  has also been filed in the Hon’ble High Court of Cuttack as the CAT again showed its inability to interfere in the pay matter. One such writ is also being pursued in the Hon’ble High Court of Jabalpur filed by the then Inspectors Association. The rejoinder has already been filed in this case by the individual petitioner, Sh. K. P. Rai. No need to say that all of then Inspectors have now become Superintendent/Asstt. Commissioner and they all would be benefitted by this case. This issue, however, is also being opposed by Sh. Manimohan & associates. They are advocating that it should be since 1996 instead of 1986 and also should be on notional basis instead of actual basis.

42. A writ has also been filed in the Hon’ble High Court of Delhi seeking the Non-functional Financial Upgradation (NFU) to grant at least financial parity to our officers with the best placed counterparts of CSS to compensate the lack of promotions because we are unable to get functional promotions at par with the counterparts of CSS recruited under the same process. This scheme will benefit past as well as new generations and will also remove regional disparities at least in the financial terms. The Hon’ble CAT of Delhi didn’t agree to it saying that this is applicable only to Group ‘A’ officers without going into the merits of the case. Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. was also got recommended by the Association from CBIC to DOPT and Pay commission. It was also got recommended to the Revenue Headquarters after the publication of VIIth CPC report for the consideration of the Committee of Secretaries. Again it was got recommended from Sh. Balesh Kumar Committee by the Association.

43. The issues like continuance of temporary posts of Asstt. Commissioner, earmarking of share of promotee officers upto the level of Commissioner, no direct recruitment for a certain period in IRS & minimum direct recruitment of IRS every year and filling up remaining vacancies by promotions, merger of three executive streams at group ‘B’ non gazetted as well as gazetted level and formulation of all India seniority list accordingly at Inspector level, benefit of past service at the time of entry into group ‘A’ were also taken up with the stagnation committee by the Association.

44. A legal case has also been filed in the Hon’ble CAT of Allahabad seeking promotion directly to Senior Time Scale (STS) post of Deputy Commissioner instead of Junior Time Scale (JTS) post of Asstt. Commissioner for our Superintendents like many other counterparts of Central as well as State Governments who are already getting promotion directly to STS post. Earlier, it was filed in the Principal Bench of CAT in Delhi. Our OA was allowed directing the govt. to dispose off our representation. Like ever, the CBIC disposed off it in negative. So, we had to file it again in Allahabad CAT. It was not filed in Delhi CAT because of the posting of the undersigned being now under the jurisdiction of Allahabad CAT.

45. In toto, the following cases have been filed in the Allahabad CAT-

A. Upgradation of posts and scale under GST at par with state officers.

B. Implementation of paragraph 7.15.24 of 6th CPC, i.e., parity in pay scale to our Superintendents with Chief Enforcement Officer since when the pay scale of later was enhanced.

C. Uniform formula for pay fixation for all as multiplication factor has been enhanced to 2.67 for L-13 whereas it is merely 2.57 for others including us.

D. Implementation of in-situ promotion scheme since the date of its approval got by the Association in 2011 from the CBIC. It will also help to remove regional disparities and retire our all officers at least in Grade Pay of Rs. 6600/- (Level-11) throughout the country. This scheme features to promote the officer with 10 years of service after joining as Inspector to the post of Superintendent, 20 years of service to the post of Asstt. Commissioner and 25 years of service to the post of Deputy Commissioner.

E. Complete implementation of Jabalpur CAT order Dt. 24.02.95 given in OA No. 541/1994 for the payment of the arrears of pay as CBIC has recently accepted that our pay scale was enhanced in 2004 as its sequel.

F. Promotion of our Superintendent directly to STS post (Deputy Commissioner) instead of JTS post (Asstt. Commissioner) as group ‘B’ gazetted officers in Central as well as state governments are being given promotion to STS at the most of the places. Earlier, this case was filed in PB of CAT at Delhi. CAT directed the govt. to dispose off our representation by passing a speaking order. The CBIC, as usual, rejected our case.

G. Promotion of our ad-hoc/temporary Asstt. Commissioners as Deputy Commissioner on completion of 4 years of service and counting of temporary service for further promotions.

H. Contempt in the Subramaniam verdict.

I. Bringing a scheme to remove our stagnation independent of cadre restructuring as approved by the Cabinet in 2013 at the time of the approval of the last cadre restructuring.

J. NFU seeking financial parity with the counterparts of CSS.

46. A meeting to revive Old Pension was held on 19.01.19 in Delhi called by the forum formed for the purpose. On invitation from them, we also attended this meeting. The meeting was held under the Chair of myself as asked by the House to preside the said meeting. It was decided to take up the issue by making due correspondence in Ist phase. For next phases, agitational and legal measures will be taken, if required. Sh. Harpal Singh, the Joint Secretary of AIACEGEO & President of the Meerut Unit of AIACEGEO, also accompanied me.

47. Likewise, on the invitation of the Income Tax Gazetted Officers Association, I and Sh. Harpal Singh also attended the Convention and General Body meeting of the Income Tax Gazetted Officers Association (ITGOA) held at Agra.

48. The last meeting of CBIC Confederation was also held in Delhi on 18.11.18. Our Association hosted this meeting. All India Customs Preventive Service Federation, All India Appraising Officers Association, All India Central Excise Inspectors Association and All India Customs Ministerial Officers Association also attended it and the issues of common interest were discussed and also communicated to the CBIC.   

49. One case was filed for the proper distribution of the posts of Asstt. Commissioner between Central Excise and Customs for the purpose of regularisation in the High Court of Allahabad by the Association. We won this case, otherwise we would have been at loss of thousands of promotional posts of Asstt. Commissioner. It has now been accepted by the govt. This case was filed regarding Allahabad CAT case in which CAT had directed to give extra 58 posts of Asstt. Ccommissioner to Appraiser stream from Central Excise quota in regularization matter. CAT also observed that 125 posts of Asstt. Commissioner were also given less to Customs Superintendents in comparison of Central Excise Superintendents. Had above all posts were given to Customs side from Central Excise quota, we were at loss of posts in thousands during regularization on account of the cascading effect of sharing huge number of posts with the Customs from our quota as our officers enter into group A at the fag end of the career.

50. A committee was also formed in PMO regarding our stagnation under the Chairmanship of Sh. P. K. Mishra, Addl. Principal Secretary to the Hon’ble Prime Minister as a result of the efforts made by the Association. The issues like pay scale, minimum five functional promotions, NFU at par with CSS counterparts, direct promotion to STS, merger of Level 9 & 10, uniform promotional hierarchy for group ‘B’ officers across all departments/ministries etc. were taken up with the committee but not finalised due to the message of the division given by the dividers of the Association.

51. Hectic efforts were also made with Sh. Manimohan & associates for unity in the interest of the cadre. But unfortunately, Sh. Manimohan denied even to sit with us particularly with me and/or our President, Sh. A. Venkatesh. They all were also invited to our Convention by giving open invitation but none of them responded. Rather, they declared their own Convention just after our first invitation for common Convention. They were indulged in negative works against us and the cadre since very beginning like opposing the DPC, opposing the on line writing of APARs for our Group ‘B’ officers, opposing the Recruitment Rules, opposing the arrears since 1986, opposing particular categories and zones/regions among us etc. etc.

52. We have not to forget that we were able to get the following important issues accepted and recommended by our Board first time in the history after the publication of the report of VIIth Pay Commission (recommended by CBIC to the Revenue Headquarters for the consideration of the Committee of the Secretaries)-

            A. Initial pay scale to Central Excise Superintendent at par with DSP of CBI.

            B. Batch to batch Non Functional Financial Upgradation (NFU) to grant financial parity to our officers with the best placed counterparts of CSS etc. to compensate the lack of promotions. It was also got recommended by the Association to DOPT and Pay commission. It was again got recommended from Sh. Balesh Kumar Committee on stagnation among other recommendations.

            C. Next promotion of our Superintendent directly to STS (Deputy Commisioner) instead of JTS (Asstt. Commissioner) post like the most of other group ‘B’ gazetted officers of Central as well as State Governments.

            D. To bring Flexible Complementary/Dynamic Assured Career Progression Scheme for our officers to grant them at least five in-situ promotions to remove stagnation like Scientists in the Department of Science & Technology and Doctors in the Ministry of Health as the disparities in promotions were admitted by the Board saying that it is an alarming anomalous situation.

E. Merger of Level-9 and 10 (Grade Pay of Rs. 5400/- in PB2 and PB3).

F. Uniform promotional hierarchy across all ministries/departments for all Group ‘B’ officers as promotional hierarchy differs department to department for group ‘B’ officers in the govt. of India.

G. Scheme to improve the career prospects of Central Excise Superintendents to grant minimum five functional promotions as our officers are retiring with single promotion in the service career of 35-40 years. Cabinet also approved to bring a scheme to remove the stagnation of group ‘B’ officers independent of cadre restructuring on persuasion by the Association.

53. But unfortunately due to the act of the division by the dividers (who once also divided Inspectors Association) of the cadre due to their vested interest, over-ambitions and individual pleasure, none of the issues could reach the finality and our efforts to get the historic recommendations by the CBIC seem to go in vein.

54. However, all united and strong Satyagraha/agitational programmes seem the only way to achieve our goals but, unfortunately, it seems that we would never be able to observe the same due to one reason or other. We have to understand the utmost importance of such programmes as these are the actual tools to achieve our goals, if observed effectively with completeness. The formal or weak approach in such matters never gives the result. This is the only way to resolve our issues in the least time and in the most effective manner. Without the strong agitational programmes, nothing seems possible for us. We will have to observe the big programmes like work to rule, mass casual leaves, strike, mass resignation etc. with full preparedness instead of small programmes like lunch our demonstrations, black badges etc.

55. The most unfortunate thing happened to the cadre on 29.05.17 was the initiation of the division of the Association in Chennai repeating the past history of the Inspectors Association by the same group by way of regionalism. This was further spread using the emotional trick that Asstt. Commissioner should not be our Secretary General. Further, it was propagated that the promotee Group ‘A’ officers or Asstt. Commissioners should not be the member of the Association. Needless to say that such things are the enemy of the unity and Association. The Income Tax is successful because they have single Association for gazetted officers which includes promotee Group ‘A’ officers upto the highest level also. As a convention, their President is always a promotee Group ‘A’ officer and the Secretary General is the Income Tax Officer.

56. However, the process of disunity was started at Daman itself where so called promotee IRS officers association was said to be formed by some vested interests despite of the resolution adopted that the promotee Group ‘A’ officers would also be the members of the AIACEGEO. The most unfortunate thing is that it was started by the persons who themselves were party to the resolution. Thus, they initially divided the promotee Group ‘A’ officers and afterwards supported the Chennai group further enhancing the process of division. Unfortunately, such persons were successful to make three divisions of the AIACEGEO under their personal pleasure, vested interests and over-ambitions instead of making it more strong and united. What two groups have done for the cadre, it is known to all of us or at least nothing known to me.

57. Needless to say that such happenings weakened our bargaining as well as agitational power. Every effort was made from our side for the unity but they showed no interest and final loser remained the cadre. As mentioned above, the CBIC recommended many good things for us first time in the history after the publication of the report of the VIIth Pay Commission on persuasion by the Association which might reach finality alongwith many other issues, if the divisions were not occurred. The things attained such levels being pursued by the Association that the administration had started to recognize our issues and was serious to resolve the same but the division gave relaxed moments to the administration.

58. There are many issues like below which the Board started to recognize and accept and could be resolved, if we were united -

I. Retrospective implementation of enhanced pay scale of Central Excise/GST Superintendents w.e.f. 01.01.96 at par with the Superintendents of NCB.

II. Parity in promotions with intra-organisational counterparts by implementing the verdict given in OA No. 2323/2012 by the Principal Bench of CAT.

            III. Implementation of para 7.15.24 of 6^th CPC report in the light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure to enhance the pay scale of our Superintendent from the date from which the pay scale of the Chief Enforcement Officer/equivalent upgraded or redesignated post was enhanced.

            IV. Implementation of the order given on 24.02.95 in OA No. 541/1994 by Jabalpur CAT circulated by the CBIC vide letter F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay from 1986 at par with the CBI Inspector.

            V.  Four years time scale/NFG in PB3 instead of PB2.

            VI. Pay scale at par with DSP of CBI for our Superintendents with retrospective effect from the date on which the pay scale of DSP of CBI was enhanced.

            VII. Undoing of offset of time scale with MACP upgradation.                   

VIII. Undoing of para 8.1 of MACP instructions.

            IX. General implementation of finalised/recommended issues/court verdicts.

          X. Implementation of in-situ promotion scheme from the date of its approval as approved in CBIC Board meeting of 18.02.11 to promote the officer with 10 years of service after joining as Inspector to Superintendent, 20 years to AC and 25 years to DC.

            XI. Bringing a scheme for the Central Excise executive officers to remove their stagnation independent of cadre restructuring as approved by the Cabinet in the year 2013.

            XII. Promotion of ad hoc Assistant Commissioners promoted against temporary posts to the post of Deputy Commissioner on completion of 4 years of service and counting of temporary service for further promotions.

            XIII. Upgradation of posts and scales like state governments under GST.

            XIV. Scheme to benefit old as well young generations as was promised by the then Chairperson of CBIC.

            XV. And many other issues.

            59. Many more issues were taken up by the Association in the common interest which are available on cengoindia.blogspot.in.

            60. No need to say that I personally felt hurt by the divisive tactics. Due to being hurt, I declared in the Lucknow AEC meeting not to contest elections further. Dividers regularly kept targeting me. The personal attacks hurt me very badly because all of my efforts made for the cadre were without any personal or vested interest. All efforts were made for the cadre as a whole in purely common interest without any feeling of regionalism or categorism. Unfortunately, the dividers started their false and baseless allegations saying that I ignored the South Zone and took care of Delhi and North Zone only. Despite of all odds, I personally and whole body tried the best in the common interest of the cadre scattered throughout the country. But perhaps the administration was happy by our divisions. As a result, no meeting was called by the administration under the Employee Grievance Redressal Mechanism after the meeting of August, 2017.

61. All units are requested to clear the subscription dues and also contribute the maximum funds to the Association which are very essential for the various organizational and legal purposes. We should not forget that the funds play a very important and vital role to get the desired results. We should not be failed in our efforts at least for the want of funds particularly in legal matters. We have to remember that it’s our own Association and only we have to support it with finance, nobody other will come to help us. No need to say that subscription dues are extraordinarily pending in many cases despite of the repeated requests to clear the same. It is very unfortunate that we had to fight every time for the DPC for the post of Asstt. Commissioner to happen against the legal stays. We had to incur huge legal funds only for this purpose. In addition to it, we had to file various legal cases in the common interest of cadre. I have great pains to say that we are unable to contribute and collect the huge legal fees incurred for the purpose and various loans are still pending to be cleared for the same. In this regard, the contributions made by the individual officers are very much appreciable and salutable.

62. Likewise, the DDO certificates are also not being provided by the units. All units are requested to be serious on this issue. The units seemed throughout indifferent on this issue despite of knowing that this is a statutory requirement under the RSA Rules. The desired activeness at local levels in the units also seemed missing. We have not to forget that the All India Association is from its units and members. Its units and members are the only strength of it. The All India Association is nothing without the units and members being active.

            63. In the last, I alongwith all of the office bearers of All India Body extend all of my thanks on behalf of the All India Association of Central Excise Gazetted Executive Officers to all of you for attending the meeting after coming from every corner of the country. It is also worth to mention that all the actions and activities of the Association became possible only by the cooperation and support given by you all, all the units, all the office bearers including the regional/zonal ones and each & every member of the Association throughout the country.

64. Before I conclude, I again thank all the delegates from the bottom of my heart with all of my regards & respects for having given me an opportunity to serve for the betterment of the cadre. I will always be available for the interest of the cadre and service to every member and every office bearer of every unit as well as the new All India Body in the common interest of all.

Wishing all the best to the Association, each one of you, every unit and member of the Association,

            With all of my loves & regards,

                                                                                                                                       

Jodhpur                                                                                                                    (RAVI MALIK)

14^th September, 2019                                                                                          Secretary General.

“OUR UNITY ZINDABAD”

“LONG LIVE OUR ASSOCIATION”

“Long live our unity, solidarity and organizational integrity”

“JAI HIND”