ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE
OFFICERS
Patron
Chief Patron
Patron
A.
Venkatesh
Ravi Malik
C. S. Sharma
Mob. 7780255361 Mob. 9868816290 Mob.
9313885411
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, Siddharth 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: Manoj Kumar Organising Secretary: Soumen
Bhattachariya Liaisoning Secretary: Bhoopendra Singh North Zone Coordinator: C. P. Verma
(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. 41/AIB/A/21 Dt. 11.03.21
To,
Ms.
Sungita Sharma,
Member (P&V), CBIC,
North Block, New Delhi.
Sub: Submissions
for the meeting of 15.03.21.
Sir,
Kindly refer to the letter Ref. No. 11/AIB/A/21 Dt. 12.01.21
of the Association requesting appointment from your goodself.
2. It is to submit with due regards that a meeting of the Association was
held with the Hon’ble Finance Minister on 16.11.20 through video conference. Your goodself also participated in the meeting.
3. As per the submissions made during the meeting of 16.11.20, the DPCs for the post of Asstt. Commissioner for the years 2018 and 2019 have been conducted but the kind outcome on the remaining points is still awaited. It is, therefore, requested to kindly consider the following submissions for kind redressal-
A. DPC for the post of Asstt. Commissioner for the years 2020 and 2021: The
DPCs for the years 2020 and 2021 are also overdue. The same may kindly be conducted to fill up all
the remaining posts of Asstt. Commissioner at an early date to promote other
officers who are waiting for their turn for long. It is also worth to submit
that the temporary posts of Asstt. Commissioner would lapse on 17.12.21.
If any court stay is there or any seniority issue is pending, DPCs may be
conducted as per the DOPT OM No. 28036/8/87-ESTT.(D) dated 30.03.1988 for ad hoc
promotions. If any court case is pending, promotion orders may be issued
subject to the final verdict of the court. If any final court verdict is there,
the same may be implemented or appeal may be made in the higher court.
It is also to submit that the All
India Seniority List of Central Excise Superintendents is available only
upto December, 2006. The seniority list for the period of 2007 to 2011 is
already on draft stage for very long. It is requested to release the seniority
list for the period 2007 to 2011 and also beyond it.
It is further to submit
that DOPT have issued OM vide File No. 1/2/2020-CS.II (A) Dt.13.01.21 regarding
the implementation of promotion orders for various grades in CSSS. The
DOPT have mentioned in the OM Dt. 13.01.21 that the vacancies on account of
non-joining of the officers shall be filled-up by considering the eligible
officers next in the order of the seniority. It is requested that the same
procedure may kindly be followed by the CBIC to promote some more officers in
the order of the seniority in lieu of the vacancies remained unfilled on
account of non-joining of the officers promoted to the post of Asstt.
Commissioner.
It is also requested
that some more officers may also kindly be promoted in lieu of the officers who
already have unfortunately expired or retired or taken VRS etc. and
whose names figure in the promotion orders.
It is also requested that sealed covers of eligible officers may also be opened.
B. Transfer orders of the promotee Asstt./Deputy Commissioners: The majority of the promotee officers of the rank of Assistant Commissioner/Deputy Commissioner have already attained the age of 57 years or more. Majority of them are also suffering from old age related acute diseases/health problems. All the promotee Asstt./Deputy Commissioners (promoted recently or earlier) may kindly be adjusted to the requested place/own zone/station in this unprecedented time of corona pandemic as the vacancies are already existing at every place. As per the transfer policy, the officers retiring within three years are to be posted at desired place. The compassionate grounds of all officers may also kindly be considered.
All officers promoted
vide earlier orders and transferred to other zones may also kindly be
brought back to their parent/requested places. All of such officers particularly
having 3 years or less service left and having acute compassionate grounds may
kindly be brought back to home zone/station/requested place. By this, more
number of newly promoted officers may be adjusted in their home zones.
C.
Implementation of the legal verdicts: Legal verdicts are not being implemented in rem
despite of being settled by the Hon’ble courts. Non-implementation
of court verdicts is forcing thousands of officers to approach the court
flooding the unwarranted litigations. The officers are
forced to go to the CAT/High Court/Supreme Court even in the same matters which
have already been finalized/settled by the Hon’ble CATs/Higher Courts/Apex
Court. All court orders may kindly be implemented in true spirit in rem.
There are so many verdicts of the various
legal courts which are unimplemented in rem
by the govt. including CBIC despite of being
settled finally. A few burning examples are as below-
i) Order given on 24.02.95 in OA No. 541/1994 by the Hon’ble CAT of
Jabalpur regarding payment of arrears of pay. The issue is already a settled one because no appeal was made against
this order. But the order is still unimplemented in CBIC despite of the
repeated requests of the Association.
ii) Order given on 06.09.10 in WP No. 13225/2010 by the Hon’ble High Court
of Madras in Subramanium case against
which not only the SLP(C) No. 029382/2011 filed by the CBIC was dismissed on
10.10.17 but the review petition has also been dismissed on 23.08.18. The
order is being implemented in persona instead in rem despite of being a settled
issue by the Hon’ble Supreme Court.
iii) Order given on 08.12.14 by the Hon’ble High
Court of Madras in Writ Petition
No. 19024/ 2014 in Chandrasekaran
case against which issue (not to offset time scale granted prior to 01.09.08
with MACP upgradation and GP of Rs. 5400/- in PB2 &
PB3 being one & same thing) the SLP as well as review Petition of
the Department of Revenue has also been dismissed in the Hon’ble Supreme Court
in Balakrisnan case (WP 11535/2014 in Madras
High Court). Thus, para 8.1 of MACP
Scheme amounts to be scrapped. But the order is still unimplemented.
iv) Order given on 01.03.17 in OA No. 2323/2012 by the Hon’ble CAT of Delhi
regarding parity in promotions to
our officers with intra-organisational counterparts. No appeal has been
made in this case by the CBIC but the order is still unimplemented.
v) Special Leave to Appeal (Civil) No.7278 of 2011 filed by the CBIC was also dismissed by the
Hon’ble Apex Court on 02.05.11 in Ashok
Kumar case involving the issue
of stepping-up of pay, if juniors are getting more pay than seniors on account
of ACP/MACP upgradation. In rem implementation of this issue is also awaited even
after being settled at the level of Apex Court.
vi) Regarding
the offsetting of time scale with the MACP upgradation, the verdict given by
the Hon’ble High Court of Delhi on 20.12.17 in the W.P.(C) No. 9357/2016 in Hariram case upholds that
non-functional financial upgradation/NFG (time scale) is not MACP upgradation
on account of being integral part of the pay. Thus, it can no way be treated as
MACP upgradation. The order of the Hon’ble High Court has already been
implemented vide office order No. 190/E-IV/Estt/DHC Dt. 23.02.18 in Delhi High
Court without preferring any appeal in it. Thus, the matter being already
finalized is yet to be implemented by the govt. including the CBIC.
vii) In the
case of U.O.I. Vs. Delhi Nurses
Union (Regd.) W.P. (C) 5146/2012 also, the Hon’ble High Court of Delhi vide its judgement dated
24.08.12 held the same and granted the next higher Grade Pay of Rs.6600/- after
the time scale to the employees. The order of the High Court was also upheld by
the Hon’ble Supreme Court by dismissing the Appeal of Union of India on
04.03.13 in SLP(C) No. 010607/2013. Thus, the above Order dated 24.08.12 of the
Hon’ble High Court of Delhi also attained finality after the dismissal of SLP
in the Hon’ble Supreme Court but yet to be implemented by the govt. including CBIC.
viii) In Subramanium case {SLP(C) No.
029382/2011} also, it has been established that 4 years time-scale/NFSG
and ACP/MACP upgradation are altogether different. By the finalization of the issue at the level of the Apex Court, the
time scale can never be treated as one MACP upgradation but the same is still
unimplemented by govt. including CBIC.
D. Upgradation/redesignation under GST like State
Governments: Posts have already
been upgraded/redesignated by one step in State GST. Not
only the counterparts of our Superintendents in the State GST
have been re-designated/upgradaed as Asstt. Commissioner but they have
also been placed in a pay scale equivalent to Level-10. Asstt. CTO has been upgraded to CTO, CTO to Asstt. Commissioner, Asstt.
Commissioner to Deputy Commissioner, Deputy Commissioner to Joint Commissioner,
Joint Commissioner to Addl. Commissioner and so on
putting our officers under a very insulting, demoralizing and humiliating
situation particularly in dealing with the trade and also with state GST
officials. Accordingly, our
Superintendents may kindly be upgraded/redesignated as Asstt. Commissioner and
their pay scale may also be enhanced to Level-10 to bring them at par with the
counterparts of State GST to save them from public humiliation and insult and
the post of Asstt. Commissioner, Deputy Commissioner, Joint Commissioner and
Additional Commissioner may also kindly be upgraded/redesignated as Deputy
Commissioner, Joint Commissioner, Additional Commissioner and Special Commissioner
respectively on the lines of State GST.
E.
Bringing of Flexible Complementary/Dynamic Assured Career Progression Scheme to
remove stagnation of our officers: Schemes already operative in
the Department of Science & Technology and Ministry of Health to
remove the stagnation of the employees. The
most of our officers are retiring with single promotion on a PB2 post (Level-8)
in a career of 35-40 years after joining the job as Inspector (Level-7) whereas
our counterparts including Customs, Income Tax, CSS etc. are getting 5 to 6
promotions upto the Level-14. The Cabinet approved to take extra measures to remove
stagnation of group ‘B’ Central Excise executive officers independent of cadre
restructuring in 2013 but no measures have been
taken till date
by our CBIC. An organization specific
scheme is, therefore, required to be brought for removal of the stagnation of our officers and
reach them higher levels. This can be done by introduction of flexible/dynamic promotion/complementing scheme or Non-functional Financial Upgradation (NFU). Central Excise/CGST
Superintendents are also forced to work under their extreme juniors of Customs
belonging to one & same cadre of Inspector and recruited through one &
same process under one & same organization of CBIC in one & same
department of Revenue of one & same Ministry of Finance with one & same
administrative hierarchy. Examiner of 1984 has already become Addl.
Commissioner (Level-13) after getting 5 promotions whereas the Central Excise Inspector
of 1984 is yet to get IInd promotion to regular post of Asstt. Commissioner
(Level-10). Particularly keeping
in view the extraordinarily acute stagnation of Central Excise/CGST executive
officers, the
Central Excise/CGST Superintendents & Inspectors may kindly be granted at least 5 in-situ promotions under flexible/dynamic promotion/complementing scheme or they may be granted Non-functional
financial upgradation (NFU) to get at least financial parity with the best placed counterparts as already done in group A cadres.
Such proposal of NFU was recommended to DOPT for our officers by the CBIC but
DOPT returned it saying that it is applicable only to group A officers. This
was also recommended to the pay commission by the CBIC but pay commission kept
silence on it. It was again recommended to High Power Committee of Secretaries
but again silence. It was further recommended by the Stagnation Committee but
is yet to be implemented. It is requested to take necessary
steps as submitted above.
F. Implementation of
in-situ promotion scheme as approved in CBIC Board meeting of 18.02.11: Scheme has not been
implemented despite of repeated requests of the Association. Not only the most of our
officers are retiring with single promotion after joining as Inspector but there are also disparities in promotions from
zone to zone.
The temporary
posts of Asstt. Commissioner with the clause of no further promotion are unable to do the required
good and these posts will lapse on 17.12.21. Already approved in situ promotion
scheme may kindly be implemented w.e.f. date of its approval, i.e., 18.02.11 as
an instant measure to cope up the problems of the acute stagnation and regional
disparities being faced by our officers.
G. Cadre
restructuring: The cadre restructuring proposal of the most of other departments have
already been sent to DOPT but our proposal is yet to be sent to them. The last
date of the proposal to be sent to the DOPT was 31.12.18 which was extended
upto 28.02.19. The proposal may kindly be sent to the DOPT at the earliest.
H. Promotion of the officers promoted against the temporary posts of
Asstt. Commissioner to the post Deputy Commissioner after completion of four
years: In the last cadre
restructuring, 2113 temporary posts of Asstt. Commissioner were created for
five years which have been extended for further three years, i.e., upto
17.12.21. But
unfortunately, the officers promoted against the temporary posts of Asstt.
Commissioner have not been promoted to the post of Deputy Commissioner even after the expiry of more than six years whereas direct
recruited junior Asstt. Commissioners
have been promoted as Deputy Commissioner after completion of four years of
service. It is requested that the officers working on the temporary posts of
Asstt. Commissioner may also kindly be promoted to the post of Deputy
Commissioner on completion of four years of service to protect them from
degraded treatment and their
service may also kindly be counted for further promotions.
Thanking
you,
Yours sincerely,
(HARPAL SINGH),
Secretary General.
