ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as 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:
M.
Loganathan Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob.8758262698 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in Mob.9717510598
Vice Presidents: B C Khatik, V
Pagare (Central) Diwakar Sahai, Sanjoy
Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas Reddy, P
Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S P
Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East)
Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V
Raghunandan (South); All India Convener:
A K Meena All India Coordinator: B L Meena Office Secretary: B C
Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison
Secretary: N S Maheshwari North Zone
Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal
Vigilance Coordinator: R K Singh South
Zone Coordinator: U Sharma
(Recognised vide F.No.B-12017/17/2022-AD-IV A dt.
14.07.23 of CBIC, Govt. of India)
Ref.
No. 125/AIB/P/23 Dt. 14.09.23
REMINDER
To,
(1) The
Chairman, CBIC, (2) The Revenue
Secretary, (3) The Expenditure Secretary,
North Block, New
Delhi. North Block, New Delhi. North Block, New Delhi.
Sub:
Request to implement the O.M. F.No.6/37/98-IC dated 21.04.04 of the Department of Expenditure
(Implementation Cell) w.e.f. 01.01.96.
Sir/Madam,
Kindly refer to the
earlier representations of the Association on the above issue.
2. It is submitted with due regards
that the Association represents the Superintendents and promotee Group A
Executive Officers including Assistant Commissioners of Central Excise (now
Central GST) and Customs working under the Central Board of Indirect Tax and
Customs (CBIC), earlier known as Central Board of Excise and Customs (CBEC). The
members of the Association have worked as Inspector or Superintendent during
the period of 01.01.96 to 21.04.04.
3. It is further submitted that the
most of the officers joining as Inspector in CBIC retire as Superintendent
after getting only one promotion during the long span of 35-40 years of
service. There has been regular hostile discrimination against them. Not only
it, the financial benefits legitimately due to these officers have also not
been allowed. The most of the categories of employees have been granted
upgraded pay scale w.e.f. 01.01.96 but the same is still awaited for these
officers.
4. On the recommendations of the 5th
Central Pay Commission (CPC), Inspectors and Superintendents were granted the
pay scale of Rs. 5,500-9,000/- and Rs. 6,500-10,500/- respectively w.e.f 01.01.96
whereas the similarly situated counterparts of other departments were placed in
higher pay scales. The Govt. enhanced the pay scale of Inspectors and
Superintendents, Income Tax Officers etc. to Rs. 6,500-10,500/- and Rs.
7,500-12,000/- respectively to remove the anomaly vide O.M. F.No.6/37/98-IC Dt. 21.04.04 of the Department of Expenditure. But
the anomaly was removed prospectively w.e.f. 21.04.04 instead of 01.01.96 which
was the date of arising of anomaly.
5. Whereas such anomaly was removed from
the date of arise, i.e., 01.01.96, in other cases by the Govt. Many categories
including the Superintendents of Narcotics Control Bureau vide Office Order
under F.No.15/2(38)/2004-Esst. Dt. 20.04.05 issued by NCB, redeployed surplus
staff vide DOP&T O.M. No.1/7/98-CS.
6. Thus, the
Inspectors and Superintendents working in the CBIC/CBEC were discriminated by
the Govt. by not granting the benefit of higher pay scale to them w.e.f.
01.01.96 to remove the anomaly completely. It has resulted in disparity in pay
affecting the pensionary benefits also. Here, it may be pertinent to add that
the pay scale of our counterparts, the Superintendents of Narcotics Control
Bureau, was revised/upgraded from Rs. 6,500-10,500/- to Rs. 7,500-12,000/-
w.e.f. 01.01.96 with all consequential benefits vide office order F. No.
15/2(38)/2004-Estt dated 20.04.05 issued by NCB. Needless to submit that the
scale of Superintendents of Narcotics Control Bureau was revised/upgraded by an
order of later date based on the precedence of upgradation of pay scale of our
Superintendents but the financial benefits were extended to them w.e.f. 01.01.96
whereas w.e.f. 21.04.04 to our Superintendents instead of 01.01.96. It is also
worth to add that the Superintendents of Narcotics Control Bureau were under
the administration of CBEC till 2003 in the Department of Revenue. They were
also being placed in common seniority list with our Superintendents at that
time and also were being promoted to common promotional post of Assistant
Commissioner.
7. Likewise, the
VIth CPC in para 7.15.24 of its report clearly admitted the well established
parity of the Chief Enforcement Officer with
the Superintendent of Central Excise, Superintendent of Customs
(Preventive), Appraisers, Income Tax Officers & Superintendent of
Narcotics. The CPC also recommended for
the maintenance of the same in future. The Chief Enforcement Officers were
granted the pay scale of Rs. 7,500-12,000/- w.e.f. 01.01.96 by the Govt. which
was subsequently revised further to Rs. 8,000-13,500/- w.e.f 04.10.05 vide
order issued under F.No.16/26/2004-Ad.1C dated 04.10.05 but no such treatment
was given by the Govt. to our Superintendents or Superintendents of Customs
(Preventive), Appraisers and Income Tax Officers.
8. The decision
to revise the pay scale with prospective effect from 21.04.04 instead of
01.01.96 has been held “arbitrary and
illegal” vide the order dated 17.01.12 of the Hon’ble CAT, Mumbai in the OA
No. 86/2008 filed by Income Tax Gazetted Officers Association and others.
Various Hon’ble courts also including Hon’ble Supreme Court have already
decided that effect of revised scale should be given from the date of
implementation of report of CPC or from the date of creation of anomaly.
9. The Hon’ble
Supreme Court has also given the retrospective benefit alongwith
arrears to the employees in various cases including SLP (Civil) No.9832/2013
titled as Union of India and others vs. Jose Sebastian and others {Review
Petition (Civil) No.1494/2013 preferred by the Govt. against the aforesaid
judgment was also dismissed vide judgment dated 01.8.13}, SLP (C) No.13818/2020
vide judgment dated 08.01.21, Civil Appeal No. 5866 of 2000, SLP (Civil)
Nos.1587-1588/2014, WP(C) No. 81/1969 etc.
10. The Hon’ble
High Court of Delhi has also given the retrospective benefit alongwith
arrears to the employees in various cases including Writ Petition (Civil)
No.1523/2016 (alongwith 6% interest) in which SLP(C) No. 13818/2020 has been
dismissed, in W.P. (C) 3945/2017 etc.
11. The Hon’ble
12. The Hon’ble
13.
Bombay Bench of Hon’ble
14. In view of above submissions, it is requested in the consonance of the above court
orders that the O.M. F.No.6/37/98-IC dated 21.04.04 of the Department
of Expenditure (Implementation Cell) may kindly be implemented w.e.f. 01.01.96
with actual payment of arrears and all consequential benefits..
Thanking you,
Yours sincerely,
(HARPAL SINGH)
Secretary General.
