" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Thursday, 21 October 2021

Proposal for Cadre Restructuring-2019 of CBIC

 

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 Utkarsh Kumar Sharma, 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. 156/AIB/L/21                                                                               Dt. 21.10.21

To,

The Secretary,

DOPT, North Block,

New Delhi.

Sub: Proposal for Cadre Restructuring-2019 of CBIC.

Sir,

            Kindly refer to the Ref. No. 121/AIB/C/21 Dt. 11.08.21 of the Association.

2. It is submitted with due regards that the cadre restructuring proposal of CBIC (Central Board of Indirect Tax and Customs) is already with the DOPT. In the separate service (IRS Branch B) proposed for our officers, the number of posts are very little and are required to be enhanced at each level in the proportion of the cadre strength of our officers. This can be done by optimizing the existing posts of Commissioner and abolishing the posts above the level of Commissioner as there is no functional requirement of these posts in GST.

3. Under GST (Goods and Services Tax), only one Commissioner is working in the state governments having no post above this level. So, the posts of Commissioner in Central GST are required to be minimized on the pattern of State GST. Further, these posts are required to be distributed in the proportion of the respective cadre strength between DR IRS officers and promotee officers. It is also worth to mention that only 12 posts (merely 0.02% of our cadre strength) of Commissioner have been proposed for promotee officers for more than 53000 cadre strength of Group B officers and 3193 promotee Asstt. Commissioners whereas 350 posts (more than 56% of cadre strength of DR Asstt. Commissioners) of Commissioner have been proposed for 624 DR Asstt. Commissioners.  

4. As far as the posts above the level of Commissioner are concerned, there exists no such post under state GST. So, all of such posts under Central GST are required to be abolished having no functional justification under GST. They proposed 168 such posts (more than 26% of cadre strength of DR Asstt. Commissioners) above the level of Commissioner for 624  cadre strength of DR Asstt. Commissioners whereas no post (0%) has been proposed at this level for 3193 promotee Asstt. Commissioners and more than 53000 cadre strength of Group B officers.

            5. The injustice done to the promotee officers is further clear from the fact that CBIC have proposed the post of Deputy Commissioner more in number (677) (more than 108% of cadre strength of DR Asstt. Commissioners) than even the sanctioned strength for the direct recruit Asstt. Commissioners (624) whereas only 435 posts (0.77%) of Deputy Commissioner have been proposed for 3193 promotee Asstt. Commissioners and more than 53000 cadre strength of Group B officers.

6. Not only it, the CBIC has also merged the posts at the level of Joint Commissioner and Additional Commissioner to grant Non Functional Grade to direct recruit Asstt. Commissioners on Ist day of 14th year of service calculated from the year following the year of examination whereas they not only differentiated the posts at these levels for promotee officers but also proposed meager number of posts for promotee officers to deprive them from promotions as well as Non Functional Grade. The posts at these levels should also be merged for our promotee officers. It is also worth to mention that CBIC have proposed 1163 posts (more than 186%) of Joint Commissioner and Additional Commissioner for 624 cadre strength of DR Asstt. Commissioners whereas only 134 posts (less than 0.24%) have been proposed for 3193 promotee Asstt. Commissioners and more than 53000 cadre strength of Group B officers. Thus, the number of the posts in IRS Branch B have been proposed neither in the desired number nor in the desired proportion.

7. The posts at Inspector level have been trifurcated by the CBIC without any valid reason which they have now proposed to be merged with prospective effect. This prospective merger is placing the officers recruited as Central Excise Inspector in worst position. So, this merger is required to be implemented from the retrospective effect, i.e., from the date of trifurcation to bring the officers of same year of all of three categories of Inspector to same level of promotion. 

8. On the point of enhancing the number of posts in IRS Branch B meant for our officers, CBIC may pretend that the eligible number of officers would not be available to get promotions against the enhanced posts. If they pretend so, it will never be true because our officers appointed as Inspector are very well eligible to become Commissioner within 20 years of service as per the DOPT guidelines issued vide OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09. As per the residency period prescribed in this OM, our officers recruited as Inspector should also be placed in the grade of Addl. Commissioner on Ist day of 17th year of service calculated from the year following the year of examination because DR IRS officers are also being placed in the grade of Addl. Commissioner on Ist day of 14th year.  

9. If even now it is thought that the eligible officers would not be available to be promoted against the enhanced number of posts in IRS Branch B, our officers may also be promoted after seeking relaxation from the DOPT as is being done in the case of DR IRS officers regularly.

10. It is also worth to mention that the separate service namely IRS Branch B has been proposed to mitigate the chronic and acute stagnation being faced by the officers being recruited as Inspector. Despite of it, this service has not been proposed from the level of Inspector. So, this service should kindly be started from the level of Inspector on the lines of Central Secretariat Service (CSS) which is started from the level of Assistant, the analogous counterpart of our Inspector.  

11. It is also worth to mention that the time scale/NFU/NFG was granted in the pay scale of Rs. 8000-13500/- after 4 years of regular service to the Section Officers of CSS in their cadre restructuring in 2003. Now, they including other Group B officers are getting it in Level 10 (GP of Rs. 5400/- in PB3) whereas it has been granted to our officers in GP of Rs. 5400/- in PB2. So, it is requested that the time scale/NFU/NFG to our officers under the pay scale of Superintendent may also kindly be granted in GP of Rs. 5400/- in PB3 (Level 10).

12. As far as the state GST is concerned, the counterparts of our Superintendents have been placed in the pay scale equivalent to Level-10 whereas our Superintendents have been placed merely in the pay scale equivalent to Level-8. Functional requirement and procedure under State GST and Central GST being the same, this disparity in pay scales is required to be removed from the date since when the counterparts of our Superintendents were placed in the pay scale equivalent to Level-10 or above in State GST. Some examples about State GST officers are placed as below-

            (A) In Govt. of West Bengal, the Asstt. Commissioners (erstwhile Commercial Tax Officers, the counterparts of the CGST Superintendents) are getting the pay scale equivalent to the grade Pay of Rs. 5400/- in PB3. The Deputy Commissioners (the counterparts of the CGST Asstt. Commissioner) and Joint Commissioners (the counterparts of the CGST Deputy Commissioner) are getting the pay scale equivalent to the grade Pay of Rs. 6600/- and 7600/- and so on.

            (B) In Govt. of Tamilnadu also, the Asstt. Commissioners (erstwhile Commercial Tax Officers, the counterparts of the CGST Superintendents) are getting the pay scale equivalent to the grade Pay of Rs. 5400/- in PB3. The Deputy Commissioners (the counterparts of the CGST Asstt. Commissioner), Joint Commissioners (the counterparts of the CGST Deputy Commissioner) and Additional Commissioner (the counterparts of the CGST Joint Commissioner) are getting the pay scale equivalent to the grade Pay of Rs. 6600/-, 7600/-, 8700/- and so on.

            (C) In Govt. of Rajasthan, the Asstt. Commissioners (erstwhile Commercial Tax Officers, the counterparts of the CGST Superintendents) are getting the pay scale equivalent to the grade Pay of Rs. 6000/- and 6600/- in PB3 (even more than 5400/- in PB3). The Deputy Commissioners (the counterparts of the CGST Asstt. Commissioner), and Additional Commissioner (the counterparts of the CGST Joint Commissioner) are getting the pay scale equivalent to the grade Pay of Rs. 7600/- and 8700/- and so on.

            (D) In Govt. of Chhattisgarh, the Asstt. Commissioners (erstwhile Commercial Tax Officers, the counterparts of the CGST Superintendents) are getting the pay scale equivalent to the grade Pay of Rs. 5400/- in PB3 and so on.

12.1 Documentary evidences regarding pay scale of above mentioned State GST officers in the above named states are enclosed for your kind reference. It is also worth to mention that there also exist the provisions of cross empowerment between Central GST and State GST.

13. Not only it, the posts under State GST have been upgraded/redesignated by one step at each level. Accordingly, our Superintendents are required to be upgraded/redesignted as Asstt. Commissioner and their pay scale is also to be enhanced to bring them at par with the counterparts of State GST to save them from the humiliation and insult being faced in public. The post of Asstt. Commissioner, Deputy Commissioner, Joint Commissioner and Additional Commissioner are also be upgraded/redesignated as Deputy Commissioner, Joint Commissioner, Additional Commissioner and Special Commissioner respectively on the lines of State GST to bring parity with State GST counterparts keeping in view that the GST Act is same and there also exist the provisions of cross empowerment between Central GST and State GST.

            13.1 The documentary evidences (Gazette Notifications) regarding new designations/upgradation in State GST are enclosed for your kind reference for the following states-

(A)       Govt. of Andhra Pradesh.

(B)       Govt. of Rajasthan.

(C)       Govt. of Mahrashtra.

(D)      Govt. of Chhattisgarh.

(E)      Govt. of West Bengal.

(F)      Govt. of Kerala.

(G)     Govt. of Madhya Pradesh.

(H)     Govt. of Tamilnadu.

(I)      Govt. of Telangana.

(J)      Govt. of Assam.

(K)    Govt. of Andaman and Nicobar. Here, the Superintendent has been designated as Asstt. Commissioner and Asstt. Commissioner has been upgraded by two ranks as Joint Commissioner.        

14. In view of the above, it is requested to kindly consider all of the above submissions and-

(i) Start separate service namely IRS Branch B from the level of Inspector on the pattern of CSS where service starts from the level of Assistant, counterpart of our Inspector.

(ii) Enhance number of posts at each level in IRS Branch B in proportion of cadre strength of our officers.

(iii) Make ratio for promotions identical for direct Group A service and Branch B service. Number of promotional posts and feeder posts should be in the same proportion at each level in both services.

(iv) Not bifurcate the number of the posts of Joint Commissioner and Addl. Commissioner in IRS Branch B and to promote our Inspector to the post of Addl. Commissioner on Ist January of seventeenth year of service.

(v) Merge three Group B Executive streams with retrospective effect to bring the officers of same year of all of three categories of Inspector to same level of promotion.

(vi) Abolish extra posts of Commissioner and all posts above the level of Commissioner.

(vii) Grant time scale/NFU/NFG to our officers also in GP of Rs. 5400/- in PB3 (Level 10).

(viii) Place Superintendents of Central GST in the pay scale equivalent to Level-10 from the date since when their counterparts namely CTOs/STOs (upgraded as Asstt. Commissioner) in State GST were placed in the said scale.

(ix) Remove disparity in pay scales between State GST and Central GST.

(x) Upgrade/redesignate the posts in Central GST at par with the State GST.

15. If understood necessary, it is also requested to kindly give an appointment as per your kind convenience to the Association to enable it to make submissions in person.   

Thanking you,

                                                                                                                     Yours sincerely,

Encls: As above.                                                                                                                           

   (HARPAL SINGH),

                                                                                                                      Secretary General.

Copy with the request for necessary action to:

1.      The Cabinet Secretary, President House, New Delhi.

2.      The Hon’ble Prime Minister of India, South Block, New Delhi.