ALL
INDIA ASSOCIATION OF CENTRAL TAX
GAZETTED EXECUTIVE
OFFICERS
(Earlier
known as All India Association of Central Excise Gazetted Executive Officers)
President: Address for
communication: Secretary General:
Kajal
Kumar Mandal Flat
No. 6, SE 11, Shastri Nagar, Ghaziabad Harpal Singh
Mob. 9957366172 mail
Id:aiacegeo2019@gmail.com Site:cengoindia.blogspot.in
Mob. 9717510598
Chief Patron: Ravi Malik Patrons: A. Venkatesh, C. S. Sharma, M. Nagaraju
Vice Presidents: B C
Khatik, K D Venkatraman (Central) Swapan
Kr Das, Subrata Adhikary (East) Ashish Vajpayi, B B Sharma (North) G Srinivas
Reddy, G Ananda Sukumar (South) Siddhraj Parmar, Vimal Kishore Soni (West) Joint
Secretaries: Manoj Kumar, T J Manojumon (Central) Pradyut Purkayastha,
Ashis Maji (East) Rajeev Prakash, Anil Sreedharan (West) Prabhakar Sharma, R B
Sahu (North) K Yugandhar Kumar, S M Kosalaya Devi (South); Office Secretary:
B C Gupta Treasurer: Manoj Kumar Liaison Secretary: Bhoopesh Organising
Secretary: Utkarsh Sharma South Zone Coordinator: R Keny Legal
Coordinator: S Sabarwal Joint Organising Secretary: Jayant Dey
East Zone Coordinator: Debasish Modak
(Recognised
vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)
Ref.
No. 15/AIB/O/25
Dt. 20.03.25
To,
Sh. Natthan Singh,
Under Secretary, Ad. IVA,
CBIC, New Delhi.
Sub:
Agenda Points for Office Council Meeting.
Sir,
Kindly
refer to the Meeting Notice issued vide No. B-12017/01/2024-AD.IVA Dt. 13.03.25
of the CBIC. As asked, agenda points for the meeting are submitted as follows
for due redressal-
(A)
DPC for the post of Asstt. Commissioner: DPCs for vacancy year 2024 &
2025 are still pending, which should have been conducted very well before the month
of respective January of the concerned year. The DPC may kindly be conducted at
the earliest taking into consideration all vacancies. Our officers are forced
to retire without promotion with no fault on their part for the want of timely
DPC. DOPT OM NO. 28036/8/87-ESTT. (D) Dt. 30.03.88 may be used for ad-hoc
promotion, if there is any court injunction or seniority dispute.
(B) Removal of
stagnation: The matter of stagnation being faced throughout the
country and intra as well as inter cadre disparities is unresolved for years.
Some Zones are lagging behind in promotions very badly. The worst situation is
being faced by the North East Region. The Inspectors of 1989 batch of this
region are yet to get promotion to the grade of Assistant Commissioner. A
serious look is required to resolve the matter of stagnation being faced
throughout the country by the officers appointed as Inspector (whether direct
recruit or promotee) which may be undone by adopting the schemes like Implementation
of in-situ promotion scheme as approved by CBIC on 18.02.11, Scheme to remove
stagnation independent of cadre restructuring as approved by the Cabinet in the year 2013, Batch to batch Non
Functional Financial Upgradation (NFFU) to grant financial parity,
Flexible Complementary/Dynamic Assured Career Progression Scheme etc. etc.
(C) Ensuing cadre
restructuring of CBIC: The ensuing cadre restructuring was
started more than six years ago. The Association came to know that the proposal
for the same has been redrafted and yet to be sent to the DOPT. The same may
kindly be expedited and the Association may kindly be duly consulted before and after the finalization of
the proposal as was done in the past by providing the copy of the proposal. It
is reiterated that the posts of Commissioners may kindly be minimized and the
posts above the Commissioner may be totally abolished as there is no work above
the Addl. Commissioner under GST. In the State GST, there are the Commissioners
equal to the number of States only.
(D) Enhancement of
pay scale w.e.f. 01.01.96: Various courts have already ordered to
implement Deptt. of Expenditure OM No. 6/37/98-IC Dt. 21.04.04 w.e.f. 01.01.96 instead of
21.04.04 in r/o pay scale of Superintendents and Inspectors. Even the SLP filed
by the Govt. on this issue has been dismissed by the Hon’ble Supreme Court. It
is, therefore, requested to implement the OM Dt. 21.04.04 w.e.f. 01.01.96.
(E)
Promotion against the refusal of promotion: As per para 17.12 of the guidelines on DPCs issued vide DOPT OM No.
22011/5/86-Esstt. (D) Dt. 10.04 89, next person in select list may be promoted
in the case of refusal of promotion. This provision may kindly be implemented
for all DPCs happened in the past & to be happened in future for the post
of Asstt. Commissioner & Superintendent.
(F)
Infrastructure, office space and manpower to field formations: Field formations are acutely lacking the due
manpower, prescribed office space and infrastructure. Needful may kindly be
done treating the matter seriously. The manpower sanctioned strength at
Superintendent and Inspector level is merely 20% of actual requirement
everywhere. Superintendents are forced to look after multiple charges including
DDO & AO meant for ministerial cadre. This 20% also becomes merely 10% at
the places like Uttar Pradesh as the working manpower at the level of
Superintendent is merely half of the sanctioned strength for the want of DPC
for the post of Superintendent here. Likewise, North East Zone is working with
the half of the sanctioned strength of Inspectors. The situation of manpower in
other zones is also at the worst. The Superintendents and promotee Asstt.
Commissioners are forced to apply for VRS continuously due to being
overburdened for the want of due manpower throughout the country. Due steps may
kindly be taken to provide required manpower.
(G) Parity in
promotions with the Examiners: Examiners
are becoming Addl. Commissioner and Commissioner whereas Central Excise/CGST
Inspectors are retiring as Superintendents/ad-hoc Asstt. Commissioners despite
of both categories being belonged to same cadre of Inspector as both are
mentioned as Inspector in Recruitment Rules with same functions and being
recruited under common process. So, the officers recruited as Central
Excise/CGST Inspectors may kindly be given parity in promotions with respective
batches of Examiners.
(H) Updating of All
India Seniority List of
Central Excise/CGST Superintendents: The Seniority List has been published
only upto 2011. Every DPC for the post of Assistant Commissioner is being
delayed for the want of the seniority list and the officers are forced to
retire without promotion with no fault on their part. The seniority list may
kindly be updated at an early date.
(I)
Regularization of 2118 temporary posts of Asstt. Commissioner: 2118
temporary posts of Asstt. Commissioner may kindly be regularized keeping the same intact only for the purpose of promotion.
For the want of regularisation of these posts, our officers promoted against
these posts are unable to get further promotions.
(J)
Implementation of the legal verdicts: Legal verdicts in service matters are not being implemented by the CBIC
despite of being settled by the Hon’ble courts including the Apex Court.
Unwarranted litigations are on regular increase despite of Govt. policy of
minimum litigations and huge expenses in the form of money and manpower from
both sides (staff and Govt.) are being made on these. All of such verdicts may
kindly be implemented in rem.
(K)
Upgradation/redesignation under GST like State Governments: Posts
have already been upgraded/redesignated by one step in State GST at every level
but no such measures have been taken in CBIC. Not only it, the counterparts of our Superintendents had
been placed in the pay scale equivalent to Rs. 5400/- in PB3 in State GST.
The same measures may kindly be taken for the sake of parity, otherwise the
public perception is that our officers are junior to our counterparts of SGST.
(L) Implementation of the DOPT
OM No. AB-14017/12/88-Estt. (RR) Dt. 25.03.96 regarding junior-senior clause: It is being implemented since 2014 instead of
1996 in CBIC. The same may kindly be implemented since 1996 for the sake of
justice to all and to avoid unwarranted litigations. The Hon’ble High Court of
Delhi also intended the same in Pankaj Nayan and other cases.
(M) Undoing of MACP
irregularities: Our officers are getting after service of 30 years under MACPS what they
were getting under ACPS after 24 years of service. The irregularities regarding
offset of time scale with MACP upgradation and treating same Grade Pay of Rs.
5400/- in PB2 & PB3 differently may kindly be undone by taking a serious
approach.
(N)
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, so that seniors are not forced to work under
juniors. It may kindly be taken into consideration that “post” has been defined
as regular and temporary in same manner in IRS Rules and promotions to these
posts are also being affected as per IRS Rules. No rule or law allows a senior
to work under the junior.
(O) Complete implementation of
the order given on 24.02.95 in OA No. 541/1994 by the Hon’ble Jabalpur CAT for payment of arrears. No appeal was made against it and it has
only been implemented partly. It was replied by the CBIC that the pay scales of
Superintendents and Inspectors were enhanced w.e.f. 21.04.04 as a sequel of the
said order. So, the order was implemented incompletely.
(P)
Implementation of para 7.15.24 of 6th CPC report which has not
been implemented despite of approval (it may kindly be from 01.01.96 instead of
prospective implementation) by the Competent Authority to grant parity to our
Superintendents with the Chief Enforcement Officers as recommended by the CPC
that parity between both categories is well established and should be
maintained in future too.
(Q) Compassionate
appointments: All
compassionate appointment cases may kindly be finalised taking some special/one
time measure/s. Common financial criteria may kindly not be adopted for all
cadres and posts may be distributed among all cadres in proportion of their
strength otherwise all posts will go to Group C only. Special provisions for
CORONA victims’ families may also kindly be brought to finalise such cases
immediately. Financial criteria may kindly be considered in proportion of
financial status of Group A, B and C separately for compassionate appointments.
(R)
Workload in Range Offices: Range
offices are tremendously overburdened due to huge number of assessees against the original model of CBIC of
300-400 assessees per Range under GST. Many Ranges have number of assessees
even to the tune of lacs. Workload is
also required to be distributed equitably among all cadres by fixing financial
limits in proportion of pay scales as prevalent in State GST and Income
Tax. Needful may kindly be done for proper reorganization of Ranges and
Divisions and work distribution for smooth functioning of GST.
(S)
Non-functioning of AIO: System
is in very troublesome and bad shape. It is not responding properly and
repeatedly being shut down wasting huge time and having tremendously adverse
effect on GST functioning. Needful
may kindly be done to improve it. It should work on a single click for smooth
functioning in the interest of GST as the Govt. has incurred huge money on it.
(T) Grant of Additional Post
Allowance: W.r.t. RTI reply vide
F.No.A-26011/67/2020-Ad.IIA Dt. 06.04.21 of CBIC and DOPT OM vide
No.2/13/2017-Estt.(Pay.II) Dt. 08.08.18, our officers are entitled to get
Additional Post Allowance on account of looking after multiple charges but the
same is not being paid to them despite of the admission by the CBIC that all
the instructions/guidelines issued by DOPT on Additional Post Allowance are
strictly being followed by CBIC alongwith enclosing the DOPT OM issued vide
No.2/13/2017-Estt.(Pay.II) Dt. 08.08.18.
(U) Regularisation and issuance of Seniority List of Asstt.
Commisioners beyond 2015-16: Regularization has been done and
Seniority List issued only upto 2015-16. After it, all Asstt. Commissioners
have been working on ad-hoc basis despite of being promoted against long-term
vacancies. Recently, the PAO, Ahmedbad has asked to review such cases
mentioning that all ad hoc Asstt. Commissioners working beyond one year are to
be reverted as per DOPT guidelines, if approval from DOPT is not taken to
continue beyond one year. Reguarisation and Seniority List of Asstt.
Commissioners may kindly be updated and serious steps may kindly be taken, so
that none of officers is revert back due to ad hocism.
(V) Implementation of
DOPT OM F.No.22034/4/2020-Estt.(D) Dt. 05.04.21 issued as per Supreme Court
order: Item No. 9 of the
OM says that those employees who got either one promotion or 1st ACP before
01.01.06 and who did not earn any promotion or 2nd ACP during
01.01.06 to 31.08.08, are eligible for 2nd MACP on or after 01.09.08
(i.e., due on completion of 20 years) and 3rd MACP after 30 years of
service or 10 years in the same grade pay/pay level, as the case may be. The
same may kindly be implemented.
(W) Uniform implementation
of Parmar verdict: It has been
implemented for a few officers and on a few places. It may be implemented
uniformly by taking uniform decision instead of implementing discriminatingly,
whether to be implemented or not.
(X)
Grant of 4 years time scale to ad-hoc Superintendents: On some places like
Bombay zone, promotions to post of Superintendent are being affected on ad-hoc
basis even on long term posts. All of such Superintendents may kindly be
granted time scale in Level-9 or equivalent after completion of 4 years of
service.
(Y) In rem
implementation of Subramaniam verdict: Hyderabad
CAT has set aside letter F.No. A-26017/98/2008-Ad.II.A dated
16.09.2009 of CBIC in OA No. 1121/2019 giving benefit of Grade Pay of Rs.5400/-
from the date of completion of regular service of 4 years in the Grade Pay of Rs.
4800/-. Further, Delhi CAT has directed very specifically to implement
Subramaniam verdict in rem in OA No. 3768/2018 and 1180/2022. Allahabad, CAT has also given various orders for in rem
implementation of the same. Accordingly, the said verdict may kindly be
implemented in rem.
(Z) No need of DIN
in the present era of e-office: Generating of DIN was relevant only
in pre e-office era when manual files were in use and DIN was introduced to
rule out any unauthorized communication to the assessees. Now it is impossible
to issue any unauthorized communication to the assessee under the era of
e-office and official e-mails. DIN has no relevance now in e-office in general and with
e-signature in particular. So, need of DIN may kindly be undone.
(AA) Retrospective promotions: All DPCs for the post of
Asstt. Commissioner are happening late for more than one decade. In OA No.
192/2021, Lucknow CAT has directed to give benefit of promotion from the
vacancy year with all consequential benefits. Accordingly, all Asstt.
Commissioners promoted late during the period of more than one decade and to be
promoted in future may kindly be given retrospective benefit of promotion as
per vacancy year with all consequential benefits. Such benefit may also be
given to all Superintendents promoted or to be promoted late.
It is requested to
kindly take the due decision on every point and marked to the concerned section/authority
duly reflecting in the minutes.
Thanking
you,
Yours sincerely,
(HARPAL SINGH),
Secretary
General.
Copy with the request for necessary action to:
(1) The
Commissioner (Coordination), CBIC, North Block, New Delhi.
(2) The Member
(P&A), CBIC, North Block, New Delhi.
(3) The Chairman,
CBIC, North Block, New Delhi.
