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ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 Mob. 09437314941 mail Id: [email protected]  [email protected]  Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office(Recognised Secretary: C.S.Sharma (Mob. 09313885411)  N.R.Manda (Mob. 09871483585) by G.O.I., Min. of Fin. vide letter F.No. B.Treasurer: 12017/10/2006-Ad.IV 12017/10/20 06-Ad.IV A Dt.21.01.08) Ref. No. 29/P/12 Dt. 10.09.12

To, Ms. Praveen Mahajan, The Chairman, CBEC,  North Block, New Delhi. Sub: Use of extended panel to grant promotions.

Madam, Kindly refer to the Notification No. 30/2000 of CBEC issued vide F. No. A. 32012/8/2000-Ad.II(Pt.) Dt. 21.11.2000 in pursuance of the judgement dated 22.11.96 of the Hon’ble Supreme Court. 2. As the Association came to know, it is submitted with due regards that no extended panel was utilised at the time of the regularisation of the promotions vide above referred Notification of CBEC. The DOPT OM No. 22011/4/98-Estt.(D) dt. 12.10.98 says about the use of extended panel to benefit the inservice officers in lieu of the retired officers considered for DPC as the retired officers have no right for   promotion. This OM is a clarificatory one of the DOPT OM No.22011/5/86-Estt. (D) dt. 10.4.89, the later  describing the procedure of conducting DPC for the promotions. Further, the procedure to be adopted for  extended panel has been laid down in DOPT OM No. 22011/8/87-Estt.(D) dated 9.4.96. 3. It is further submitted that the CBEC should have prepared the extended panel to give the benefit of  the promotions to our in-service officers at the time of the regularisation of the post-1979 promotions to implem imp lement ent the judgem judgement ent of the Hon’ble Hon’ble Suprem Supremee Court Court in its true spiri spirit. t. The implem implement entati ation on of the  judgement of the Hon’ble Supreme Court seems incomplete for the want of the use of the extended panel and  proved mere eye-wash without giving benefit to the in-service officers. It gives the only impression that the concerned hands take even the directions of the Apex Court quite lightly. 4. In view of the above, it is requested that the said benefit of extended panel may kindly be granted now to the in-service officers by reviewing the earlier DPC.  The Association also requested vide its Ref. No. 99/12 Dt. 02.07.12, 112/12 Dt. 13.07.12 etc. to implement the extended panel in r/o of the DPC conducted in the month of June, 12 for promotion to the post of Asstt. Commissioner but the result is still awaited. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General. Copt with the request for necessary action to: The Revenue Secretary, North Block, New Delhi.

(RAVI MALIK)

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  mail Id: [email protected]  [email protected]  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 30/meet/12 Dt. 10.09.12

REMINDER 

To, Ms. Praveen Mahajan, The Chairman, CBEC,  North Block, New Delhi. Sub: Request seeking meeting to redress employee grievances. Madam, Kindly refer to the Ref. No. 22/meet/12 Dt. 22.08.12 of the Association. 2. It is submitted with due regards that the last meeting with the top head, i.e., the Chairman of the organisation (CBEC) with the Association was held in the month of July, 11. The outgoing Chairman didn’t like to spare the time for the staff-side under  employee grievances redressal mechanism despite of the repeated requests by this Association.  It was expected that some concrete measures would be taken by our  Board to strengthen strengthen the employee employee grievances grievances redressal mechanism mechanism after the circulatio circulation n of the directions directions of  the FM vide the note Dt. 18.07.11 of the Revenue Secretary. But neither the Board nor field formations initiated any action in the matter. No staff Association was invited by the Board to discuss and redress the staff grievances. grievances. It is, therefore, therefore, requested that the Association Association may kindly be granted granted a meeting meeting to discuss the following points (details already submitted vide above referred Ref. No. 22/meet/12 Dt. 22.08.12)1. Immediate approval of cadre restructuring without any cut. 2. Immediate re-framing of RR’s and regularization of all adhoc promotions. 3. Notional promotions. 4. DPC for financial year 2012-13. 5. Posting of Association functionaries. 6. Delay in vigilance/disciplinary cases.  7. Meetings under the employee grievances redressal mechanism. 8. Non Functional Financial Upgradation (NFFU) to the Central Excise executive officers at par with the counterparts of CSS. 9. Old points decided in the meeting of 15.03.12.

Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General. employee redressal mechanism to: Copt with the Secretary, request to North revive Block, The Revenue Newgrievances Delhi.

(RAVI MALIK)

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  mail Id: [email protected]  [email protected]  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

  Ref. No. 32/Assn /12

Dt. 10.09.12

To, Ms. Mamta Kundra, Joint Secretary, Establishment, DOPT, North Block,  New Delhi. Sub: Posting of Association functionaries.

Madam, Kindly refer to the Ref. 16/Assn/12 Dt. 13.08.12 and 21/Assn/12 Dt. 22.08.12 of the Association and DOPT OM No. 16/18/2008-JCA Dt. 03.09.12. 2. It is further submitted with due regards that there is a big difference between the branches of this Associati Associ ation on and the branch branch units units referr referred ed in the letter letter No. 2/7/88 2/7/88-CS -CS(I (IV) V) dt. 19.08.0 19.08.08 8 of DOPT. DOPT. Thi Thiss Association has its branches throughout the country at zonal levels covering more than one states of various cadre controlling controlling authoritie authoritiess while the branch units referred referred in the letter letter No. 2/7/88-CS(I 2/7/88-CS(IV) V) dt. 19.08.08 19.08.08 of  DOPT belongs merely to the different office buildings within the same city of Delhi. Thus, branches of this Association function at National level while the branch units referred in the above DOPT communication functions at local level within a city only. The branches of this Association have their own independent constitution and were also independently recognised at central level prior to RSA Rules, 93. It is very unfortunate that the branch Association functionaries of this Association are being denied the due benefits all of a sudden despite of being functioned at National level of zones while the branch unit Association functionaries referred in the above DOPT communication are being granted all the benefits despite of being functioned within city only. This is a clear-cut discrimination and gross harassment to the Association functi fun ctionar onaries ies of this this Associ Associati ation on by a few of the zonal zonal cadre cadre control controlli ling ng aut author horiti ities es parti particul cularl arly y of  Chandigarh Zone under CBEC. It is also worth to submit that our counterpart gazetted officers namely the Section Officers of CSS are already being granted all the benefits in this regard despite of having local  branch units of the Association within the city only. 3. Now, it is being apprehended that all the zonal cadre controlling authorities may deny the due  benefits to the zonal Association functionaries of this Association following the precedent of Chandigarh Zone. It is also worth to mention that the object of the formation of the staff Associations is to promote harmon har moniou iouss relati relations onship hip betwee between n the admini administr strati ation on and staff staff-si -side de securi securing ng the greate greatest st measu measure re of  cooperation coopera tion in the matters of common common concern concern and increase the efficiency efficiency of public public service service combined with the welfare welfare of the employees. employees. Accordingly Accordingly,, it becomes becomes necessary necessary that the Association Association functionar functionaries ies should remain available at the zonal headquarters office of the concerned cadre controlling authority or Association headquarters itself. It is necessary to ensure that the Association functionaries are able to participate fully in the deliberations of the council set-up. If any of them is transferred to a far-off place, it will be difficult for  them to participate effectively concerned council activities. Moreover, it will also be difficult for them in to the maintain contact withmeetings/Association the employees whomwelfare they represent and to take up their grievances with the concerned authorities. If the Association functionaries are transferred outside, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking between the administration & staffside. By this, the three tier system of employee grievances redressal mechanism will collapse as zonal level Association functionaries will not

 

 be able to represent the employee grievances at the appropriate levels. 4. Moreover, the zonal Association functionaries will also not be able to collect the DDO certificates of the members statutorily required for the continuance of the recognition of the Association on being transferred to isolated offices/places. Actually, the branch unit level in this case is the Central Excise Divisional office within the cities of the zonal level. The Chandigarh branch of the Hon’ble CAT has also observed in the verdict (copy enclosed) given in r/o the OA No. 462/CH/2012 in relation of this case that the Association functionaries under reference belong to zone instead of local branch unit. It has further directed that their case is to be decided d ecided by the highest authority in the hierarchy. 5. In this case, the highest authority in the hierarchy can never be below the central authority, i.e., CBEC or Revenue Department. This issue because of being belonged to 36 zones throughout the country instead of a single zone is to be decided by the central authority. The Zones may spread through more than one States also proving that the branch level Association functionaries under CBEC also bear All India status. Thus, a zonal authority can’t deny the due benefits all of a sudden while the same were being granted to the Associ Associati ation on functi functionar onaries ies for decades. decades. It is nothin nothing g but gross gross inj injust ustice ice and harass harassmen mentt to the Associ Ass ociati ation on functi functiona onarie ries. s. The stay stay of the Associ Associati ation on functi functiona onarie riess at Associ Associati ation/ on/adm admini inistr strati ative ve headquarters office is also necessary to pursue welfare activities with the top zonal authority and play effective role under the employee grievances redressal mechanism. This will go a long way in mitigating staff problems and create a very congenial working environment improving the functional efficiency in the govt. Such branch Association functionaries at zonal levels should, therefore, be allowed to get posted either  to headquarters of the Association or to any other centrally located office under the concerned zone. 6. The DOPT clarificati clarification on ID No. 16/18/2008-J 16/18/2008-JCA CA Dt. 01.12.09 as well as above referr referred ed OM No. 16/18/2008-JCA Dt. 03.09.12 also says that the existing practice should be continued in r/o of the transfer of  the Association functionaries, if it is not less favourable in comparison to the DOPT guidelines on the issue. Despite of the above clarification, the branch Association functionaries at zonal level are being denied the due benefits. The decades long practice of granting the said benefits to them has been stopped all of a sudden in totally arbitrary and unjust manner. 7. In view of the above, it is again requested that the consolidated guidelines following the letters No. 2/7/88 2/7 /88-CS( -CS(IV) IV) dt. 19.08.0 19.08.08 8 and 9/34/8 9/34/87-J 7-JCA CA dt. 08.03.8 08.03.88 8 of DOPT DOPT granti granting ng the due benefit benefitss to the Association functionaries of this Association at branch as well as central level may also kindly be issued at an early date enabling the fulfilment of the object of formation and recog recognition nition of the Association. Thanking you, Yours faithfully, Encls: As above. (RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 34/M/12 Dt. 17.09.12 To, Sh. B. K. Hariprasad, The Hon’ble Member of Parliament,  New Delhi. Sub: Promotional avenues of Central Excise officers vs. Cadre restructuring in CBEC. Sir, It is submitted with due regards that the cadre restructuring proposal of CBEC is presently with the Cadre Review Committee. Waiting for final approval of it, our officers are forced to retire every month without further promotion. The drastic cuts have been made to the proposal by DOPT. By these cuts, not only the promotional promotional avenues of the officers officers but also the overall overall efficiency efficiency will suffer. The unjustified unjustified cuts will also affect the revenue collection alongwith the increase of the possibility of smuggling activities, infiltration of contrabands contrabands and lethal weapons posing serious threa threatt to the security of the Nation Nation due to the shortage of  working hands. DOPT has made drastic cuts to the proposal despite of the approval by the Expenditure .  2. The existing ratio between between group A entry level to group B is 1:16 in CBEC while 1:2 in CBDT or  even more at other places. As a result, the common entry officers in other organisations are attaining PB4 level (5 to 6 promotions) whereas the officers recruited as Inspector of Central Excise retire in PB2 only (1 promotion). 3. The Standing Committee on Finance in its 52nd report had interalia observed that “in CBEC the majority of direct recruit Inspectors of Central Excise and Preventive officers get only one functional  promotion during average service span of 35 years. Main reason for such acute stagnation is the ratio (1:15)  between the strength of Assistant Commissioner (group ‘A’) & group ‘B’ level. In other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee expresses its concern over the pathetic situation of man power shortage and desires both CBDT and CBEC to hasten formulation of a policy in this regard while giving interim relief to stagnating cadres. According to the Ministry, the Cadre restructuring proposal of both the Departments is under consideration of the Department of Personnel & Training. Since shortage of staff is the main reason for shortfalls in the performance of both the Departments, the Committee desires the Government to pursue the matter of cadre cad re restructuring with the DOPT in a time-bound manner." 4. It is further submitted that the ongoing cadre restructuring would be insufficient to remove the stagnation stagna tion of the Central Excise executive officers officers who are retiring retiring with single promotion promotion in the service career and forced to work under their extreme juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation. The single cadre of Inspector has been trifurcated into 3 categories categories in absolutely absolutely unjustifiabl unjustifiablee manner, manner, i.e., Inspector Inspector (Central (Central Excise & Land Customs), Customs), P.O. (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively by CBEC re-merging at the group A entry level. This places the Inspector (Central Excise & Land Customs) 20 years behind the Examiner (Inspector Customs) due to the discriminatory rate of promotion and faulty recruitment rules.  5. The specific directions dt. 03.08.11 of the Hon’ble Supreme Court in Civil Writ Petition No. 385/10 to frame new recruitment rules for the just & fair representation of each category and also abide all ad hoc promotions with new rules are not being followed by CBEC even after the expiry of second deadline on 30.06.12. The CBEC instead of framing the rules of parity in promotions has arbitrarily fixed again an incorrect ratio of 13:2:1 in place of 6:1:2 (Central Excise Superintendent:Customs Superintendent:Customs

 

Appraiser) to enter group A. If it is calculated even based on their own formula, it should be 17:2:1 as per  sanctioned sancti oned strength and 22:2:1 as per working strength. strength. As per the said ratio, around 300 (as per 17:2:1) or  500 (as per 22:2:1) Appraisers Appraisers have already already been entered excess into group ‘A’. Accordingly, Accordingly, around 3900 (as per 17:2:1) or 6500 (as per 22:2:1) of our Superintendents of Central Excise should also enter group ‘A’ keeping their relative seniority intact by granting them notional promotions. However as per the DOPT guidelines, the ratio should be 38:2:1 as per sanctioned strength and 44:3:1 as per working strength. It is also worth to submit as per DOPT guidelines that ratio formula is not applicable where the nu number mber of promotional  posts is too less as only 2.7% in our case. 6. The IRS officers of CBEC were granted parity with their common entry counterparts of CBDT in the last cadre restructuring and they are going to get the parity with other better placed common entry group A counterparts in the ongoing cadre restructuring. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise executive officers. This parity is very well possible by adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, direct promotion to higher post/s, upgradation of posts, in-situ promotions or any other oth er specif specific ic mea measur sure/s e/s and re-fra re-framin ming g the RR’s RR’s withou withoutt tr trifu ifurca rcatin ting g a single single cadre cadre of Inspec Inspector tor or  Superintende Superi ntendent nt prescribin prescribing g the qualifying qualifying service service in consonance consonance of the latest OM No. AB-14017/61 AB-14017/61/2008/2008Estt.(RR) dt. 24.03.09 of DOPT which clearly stipulates   the  promotion promotion of Inspector completing 12, 17 & 20 years of service to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively. The validity of this OM was also admitted by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but they showed their inability to implement the same due to want of required number of  vacancies/po vacanci es/posts. sts. It is, therefore, therefore, requested that the required required number of posts may kindly be created and the said OM implemented. If the creation of the required number of posts is really impossible, our officers may kindly be granted in-situ promotions which requires no creation of posts. 7. It is further submitted that no heed has been paid to the DOPT communications issued   vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11 27.0 1.11,, No.35034 No.35034/9/ /9/201 2010-Es 0-Estt. tt.(D) (D) Dt. 10.02.1 10.02.11, 1, OM No. 35034/9 35034/9/20 /201010-Est Estt. t. (D) Dt. 10.02.1 10.02.11 1 etc etc.. stipulating very clearly that the cadre restructuring process should be viewed to mitigate the stagnation of the stagna sta gnated ted employ employees. ees. The CBEC CBEC already already has odd number number of around around 30000 30000 group group ‘B’ Central Central Excise Excise executive officers comprising Superintendents and Inspectors retiring only with one promotion in their  service career but no measures have been taken to mitigate their acute stagnation. 8. In view of the above, it is requested that the cadre restructuring of CBEC may kindly be approved & implemented in its original form without any cut . An immediate device independent of cadre restructuring may also kindly be formulated for the acutely stagnated Central Excise executive officers granting them  parity with their common entry counterparts enabling them also to retire in PB-4. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 35/M/12 Dt. 17.09.12 To, Sh. B. K. Hariprasad, The Hon’ble Member of Parliament,  New Delhi. Subject: Pay scale/Grade Pay and Pay Brand to the Superintendent of Central Excise. Sir, It is submitted with due regards that the Committee constituted to look into the disparity of pay-scales and other grievances of the Group ‘B’ and ‘C’ executive staff of Customs, Central Excise & Income Tax arisin arising g out of the recommen recommendati dations ons of the 5 th CPC admitted the job contents and nature of duties of  Superintendent Central Deputy Excise to be similar to the Chief Enforcement Officer, Superintendent of NCB, UT Civil and Policeof Services, Central Intelligence Officer in IB and DSP in CBI etc. 2. The 6th CPC under the para 7.15.24 of its report has also stated stated that “the Chief Enforcement Enforcement Officer Offic er has traditionally traditionally been on par with the ITOs/anal ITOs/analogous ogous posts in CBDT and CBEC. Since the parity  between these posts is well established, the Commission recommends that the same should be maintained in future.” The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group ‘A’ scale of Rs. 8000-13500/8000-13500/- since 04.10.05. The Deputy Central Intell Intelligence igence Office Officerr in IB and DSP in CBI have already been placed in a group A scale since 01.01.86. 3. Despite of such recommendations of 6 th CPC, the Grade Pay of the Superintendent Superintendent of Central Excisee has been fixed to Rs. 4800/- in PB-2 only w.e.f. 01.01.06 Excis 01.01.06 whereas a Grade Pay of Rs. 5400/- in PB3 for Deputy Central Intelligence Officer in IB and DSP in CBI etc. and also a Grade Pay of Rs. 5400/- for the Chief Enforcement Officer. 4. It is also submitted that the Jabalpur CAT had directed the government in O.A. No. 541/94 to pay the arrears of pay to the Inspectors of Central Excise w.e.f. the date of enhancement of pay scale of the Inspectors of CBI, if both of the categories were granted the same pay scale by the 5 th CPC. The 5th CPC  placed both of the categories in the same pay scale but the payment of the arrears to the Inspectors of Central Excise is still awaited. All of then Inspectors of Central Excise have already become Superintendents now  but waiting for the payment of the arrears. 5. It is, therefore, requested that the Superintendents of Central Excise may kindly be granted a Grade Pay of Rs. 5400/- in PB-3 w.e.f. the date of the enhancement of the pay scale of the above mentioned counterparts and the payment of the arrears may also kindly be made accordingly also including as requested in above para 4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 36/M/12 Dt. 17.09.12 To, Sh. Sriprakash Jayaswal, The Hon’ble Minister of Coal, Govt. of India, New Delhi. Sub: Promotional avenues of Central Excise officers vs. Cadre restructuring in CBEC. Sir, It is submitted with due regards that the cadre restructuring proposal of CBEC is presently with the Cadre Review Committee. Waiting for final approval of it, our officers are forced to retire every month without further promotion. The drastic cuts have been made to the proposal by DOPT. By these cuts, not only the promotion avenues of the officers offi cers but the also the overall overal l efficiency effi ciency will Theactivities, unjustified unjustified cuts will alsopromotional affect the al revenue collection alongwith increase of the possibility of suffer. smuggling infiltration of contrabands contrabands and lethal weapons posing serious threa threatt to the security of the Nation Nation due to the shortage of  working hands. DOPT has made drastic cuts to the proposal despite of the approval by the Expenditure .  2. The existing ratio between between group A entry level to group B is 1:16 in CBEC while 1:2 in CBDT or  even more at other places. As a result, the common entry officers in other organisations are attaining PB4 level (5 to 6 promotions) whereas the officers recruited as Inspector of Central Excise retire in PB2 only (1 promotion). 3. The Standing Committee on Finance in its 52nd report had interalia observed that “in CBEC the majority of direct recruit Inspectors of Central Excise and Preventive officers get only one functional  promotion during average service span of 35 years. Main reason for such acute stagnation is the ratio (1:15)  between the strength of Assistant Commissioner (group ‘A’) & group ‘B’ level. In other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee expresses its concern over the pathetic situation of man power shortage and desires both CBDT and CBEC to hasten formulation of a policy in this regard while giving interim relief to stagnating cadres. According to the Ministry, the Cadre restructuring proposal of both the Departments is under consideration of the Department of Personnel & Training. Since shortage of staff is the main reason for shortfalls in the performance of both the Departments, the Committee desires the Government to pursue the matter of cadre cad re restructuring with the DOPT in a time-bound manner." 4. It is further submitted that the ongoing cadre restructuring would be insufficient to remove the stagnation stagna tion of the Central Excise executive officers officers who are retiring retiring with single promotion promotion in the service career and forced to work under their extreme juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation. The single cadre of Inspector has been trifurcated into 3 categories categories in absolutely absolutely unjustifiabl unjustifiablee manner, manner, i.e., Inspector Inspector (Central (Central Excise & Land Customs), Customs), P.O. (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively by CBEC re-merging at the group A entry level. This places the Inspector (Central Excise & Land Customs) 20 years behind the Examiner (Inspector Customs) due to the discriminatory rate of promotion and faulty recruitment rules.  5. The specific directions dt. 03.08.11 of the Hon’ble Supreme Court in Civil Writ Petition No. 385/10 to frame new recruitment rules for the just & fair representation of each category and also abide all ad hoc promotions with new rules are not being followed by CBEC even after the expiry of second deadline on 30.06.12. The CBEC instead of framing the rules of parity in promotions has arbitrarily fixed again an incorrect ratio of 13:2:1 in place of 6:1:2 (Central Excise Superintendent:Customs Superintendent:Customs

 

Appraiser) to enter group A. If it is calculated even based on their own formula, it should be 17:2:1 as per  sanctioned sancti oned strength and 22:2:1 as per working strength. strength. As per the said ratio, around 300 (as per 17:2:1) or  500 (as per 22:2:1) Appraisers Appraisers have already already been entered excess into group ‘A’. Accordingly, Accordingly, around 3900 (as per 17:2:1) or 6500 (as per 22:2:1) of our Superintendents of Central Excise should also enter group ‘A’ keeping their relative seniority intact by granting them notional promotions. However as per the DOPT guidelines, the ratio should be 38:2:1 as per sanctioned strength and 44:3:1 as per working strength. It is also worth to submit as per DOPT guidelines that ratio formula is not applicable where the nu number mber of promotional  posts is too less as only 2.7% in our case. 6. The IRS officers of CBEC were granted parity with their common entry counterparts of CBDT in the last cadre restructuring and they are going to get the parity with other better placed common entry group A counterparts in the ongoing cadre restructuring. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise executive officers. This parity is very well possible by adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, direct promotion to higher post/s, upgradation of posts, in-situ promotions or any other oth er specif specific ic mea measur sure/s e/s and re-fra re-framin ming g the RR’s RR’s withou withoutt tr trifu ifurca rcatin ting g a single single cadre cadre of Inspec Inspector tor or  Superintende Superi ntendent nt prescribin prescribing g the qualifying qualifying service service in consonance consonance of the latest OM No. AB-14017/61 AB-14017/61/2008/2008Estt.(RR) dt. 24.03.09 of DOPT which clearly stipulates   the  promotion promotion of Inspector completing 12, 17 & 20 years of service to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively. The validity of this OM was also admitted by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but they showed their inability to implement the same due to want of required number of  vacancies/po vacanci es/posts. sts. It is, therefore, therefore, requested that the required required number of posts may kindly be created and the said OM implemented. If the creation of the required number of posts is really impossible, our officers may kindly be granted in-situ promotions which requires no creation of posts. 7. It is further submitted that no heed has been paid to the DOPT communications issued   vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11 27.0 1.11,, No.35034 No.35034/9/ /9/201 2010-Es 0-Estt. tt.(D) (D) Dt. 10.02.1 10.02.11, 1, OM No. 35034/9 35034/9/20 /201010-Est Estt. t. (D) Dt. 10.02.1 10.02.11 1 etc etc.. stipulating very clearly that the cadre restructuring process should be viewed to mitigate the stagnation of the stagna sta gnated ted employ employees. ees. The CBEC CBEC already already has odd number number of around around 30000 30000 group group ‘B’ Central Central Excise Excise executive officers comprising Superintendents and Inspectors retiring only with one promotion in their  service career but no measures have been taken to mitigate their acute stagnation. 8. In view of the above, it is requested that the cadre restructuring of CBEC may kindly be approved & implemented in its original form without any cut . An immediate device independent of cadre restructuring may also kindly be formulated for the acutely stagnated Central Excise executive officers granting them  parity with their common entry counterparts enabling them also to retire in PB-4. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 37/M/12 Dt. 17.09.12 To, Sh. Sriprakash Jayaswal, The Hon’ble Minister of Coal, Govt. of India, New Delhi. Subject: Pay scale/Grade Pay and Pay Brand to the Superintendent of Central Excise. Sir, It is submitted with due regards that the Committee constituted to look into the disparity of pay-scales and other grievances of the Group ‘B’ and ‘C’ executive staff of Customs, Central Excise & Income Tax arisin arising g out of the recommen recommendati dations ons of the 5 th CPC admitted the job contents and nature of duties of  Superintendent Central Deputy Excise to be similar to the Chief Enforcement Officer, Superintendent of NCB, UT Civil and Policeof Services, Central Intelligence Officer in IB and DSP in CBI etc. 2. The 6th CPC under the para 7.15.24 of its report has also stated stated that “the Chief Enforcement Enforcement Officer Offic er has traditionally traditionally been on par with the ITOs/anal ITOs/analogous ogous posts in CBDT and CBEC. Since the parity  between these posts is well established, the Commission recommends that the same should be maintained in future.” The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group ‘A’ scale of Rs. 8000-13500/8000-13500/- since 04.10.05. The Deputy Central Intell Intelligence igence Office Officerr in IB and DSP in CBI have already been placed in a group A scale since 01.01.86. 3. Despite of such recommendations of 6 th CPC, the Grade Pay of the Superintendent Superintendent of Central Excisee has been fixed to Rs. 4800/- in PB-2 only w.e.f. 01.01.06 Excis 01.01.06 whereas a Grade Pay of Rs. 5400/- in PB3 for Deputy Central Intelligence Officer in IB and DSP in CBI etc. and also a Grade Pay of Rs. 5400/- for the Chief Enforcement Officer. 4. It is also submitted that the Jabalpur CAT had directed the government in O.A. No. 541/94 to pay the arrears of pay to the Inspectors of Central Excise w.e.f. the date of enhancement of pay scale of the Inspectors of CBI, if both of the categories were granted the same pay scale by the 5 th CPC. The 5th CPC  placed both of the categories in the same pay scale but the payment of the arrears to the Inspectors of Central Excise is still awaited. All of then Inspectors of Central Excise have already become Superintendents now  but waiting for the payment of the arrears. 5. It is, therefore, requested that the Superintendents of Central Excise may kindly be granted a Grade Pay of Rs. 5400/- in PB-3 w.e.f. the date of the enhancement of the pay scale of the above mentioned counterparts and the payment of the arrears may also kindly be made accordingly also including as requested in above para 4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 38/M/12 Dt. 17.09.12 To, Sh. Jayant Chaudhary, The Hon’ble Member of Parliament,  New Delhi. Sub: Promotional avenues of Central Excise officers vs. Cadre restructuring in CBEC. Sir, It is submitted with due regards that the cadre restructuring proposal of CBEC is presently with the Cadre Review Committee. Waiting for final approval of it, our officers are forced to retire every month without further promotion. The drastic cuts have been made to the proposal by DOPT. By these cuts, not only the promotion avenues of the officers offi cers but the also the overall overal l efficiency effi ciency will Theactivities, unjustified unjustified cuts will alsopromotional affect the al revenue collection alongwith increase of the possibility of suffer. smuggling infiltration of contrabands contrabands and lethal weapons posing serious threa threatt to the security of the Nation Nation due to the shortage of  working hands. DOPT has made drastic cuts to the proposal despite of the approval by the Expenditure .  2. The existing ratio between between group A entry level to group B is 1:16 in CBEC while 1:2 in CBDT or  even more at other places. As a result, the common entry officers in other organisations are attaining PB4 level (5 to 6 promotions) whereas the officers recruited as Inspector of Central Excise retire in PB2 only (1 promotion). 3. The Standing Committee on Finance in its 52nd report had interalia observed that “in CBEC the majority of direct recruit Inspectors of Central Excise and Preventive officers get only one functional  promotion during average service span of 35 years. Main reason for such acute stagnation is the ratio (1:15)  between the strength of Assistant Commissioner (group ‘A’) & group ‘B’ level. In other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee expresses its concern over the pathetic situation of man power shortage and desires both CBDT and CBEC to hasten formulation of a policy in this regard while giving interim relief to stagnating cadres. According to the Ministry, the Cadre restructuring proposal of both the Departments is under consideration of the Department of Personnel & Training. Since shortage of staff is the main reason for shortfalls in the performance of both the Departments, the Committee desires the Government to pursue the matter of cadre cad re restructuring with the DOPT in a time-bound manner." 4. It is further submitted that the ongoing cadre restructuring would be insufficient to remove the stagnation stagna tion of the Central Excise executive officers officers who are retiring retiring with single promotion promotion in the service career and forced to work under their extreme juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation. The single cadre of Inspector has been trifurcated into 3 categories categories in absolutely absolutely unjustifiabl unjustifiablee manner, manner, i.e., Inspector Inspector (Central (Central Excise & Land Customs), Customs), P.O. (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively by CBEC re-merging at the group A entry level. This places the Inspector (Central Excise & Land Customs) 20 years behind the Examiner (Inspector Customs) due to the discriminatory rate of promotion and faulty recruitment rules.  5. The specific directions dt. 03.08.11 of the Hon’ble Supreme Court in Civil Writ Petition No. 385/10 to frame new recruitment rules for the just & fair representation of each category and also abide all ad hoc promotions with new rules are not being followed by CBEC even after the expiry of second deadline on 30.06.12. The CBEC instead of framing the rules of parity in promotions has arbitrarily fixed again an incorrect ratio of 13:2:1 in place of 6:1:2 (Central Excise Superintendent:Customs Superintendent:Customs

 

Appraiser) to enter group A. If it is calculated even based on their own formula, it should be 17:2:1 as per  sanctioned sancti oned strength and 22:2:1 as per working strength. strength. As per the said ratio, around 300 (as per 17:2:1) or  500 (as per 22:2:1) Appraisers Appraisers have already already been entered excess into group ‘A’. Accordingly, Accordingly, around 3900 (as per 17:2:1) or 6500 (as per 22:2:1) of our Superintendents of Central Excise should also enter group ‘A’ keeping their relative seniority intact by granting them notional promotions. However as per the DOPT guidelines, the ratio should be 38:2:1 as per sanctioned strength and 44:3:1 as per working strength. It is also worth to submit as per DOPT guidelines that ratio formula is not applicable where the nu number mber of promotional  posts is too less as only 2.7% in our case. 6. The IRS officers of CBEC were granted parity with their common entry counterparts of CBDT in the last cadre restructuring and they are going to get the parity with other better placed common entry group A counterparts in the ongoing cadre restructuring. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise executive officers. This parity is very well possible by adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, direct promotion to higher post/s, upgradation of posts, in-situ promotions or any other oth er specif specific ic mea measur sure/s e/s and re-fra re-framin ming g the RR’s RR’s withou withoutt tr trifu ifurca rcatin ting g a single single cadre cadre of Inspec Inspector tor or  Superintende Superi ntendent nt prescribin prescribing g the qualifying qualifying service service in consonance consonance of the latest OM No. AB-14017/61 AB-14017/61/2008/2008Estt.(RR) dt. 24.03.09 of DOPT which clearly stipulates   the  promotion promotion of Inspector completing 12, 17 & 20 years of service to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively. The validity of this OM was also admitted by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but they showed their inability to implement the same due to want of required number of  vacancies/po vacanci es/posts. sts. It is, therefore, therefore, requested that the required required number of posts may kindly be created and the said OM implemented. If the creation of the required number of posts is really impossible, our officers may kindly be granted in-situ promotions which requires no creation of posts. 7. It is further submitted that no heed has been paid to the DOPT communications issued   vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11 27.0 1.11,, No.35034 No.35034/9/ /9/201 2010-Es 0-Estt. tt.(D) (D) Dt. 10.02.1 10.02.11, 1, OM No. 35034/9 35034/9/20 /201010-Est Estt. t. (D) Dt. 10.02.1 10.02.11 1 etc etc.. stipulating very clearly that the cadre restructuring process should be viewed to mitigate the stagnation of the stagna sta gnated ted employ employees. ees. The CBEC CBEC already already has odd number number of around around 30000 30000 group group ‘B’ Central Central Excise Excise executive officers comprising Superintendents and Inspectors retiring only with one promotion in their  service career but no measures have been taken to mitigate their acute stagnation. 8. In view of the above, it is requested that the cadre restructuring of CBEC may kindly be approved & implemented in its original form without any cut . An immediate device independent of cadre restructuring may also kindly be formulated for the acutely stagnated Central Excise executive officers granting them  parity with their common entry counterparts enabling them also to retire in PB-4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 39/M/12 Dt. 17.09.12 To, Sh. Jayant Chaudhary, The Hon’ble Member of Parliament,  New Delhi. Subject: Pay scale/Grade Pay and Pay Brand to the Superintendent of Central Excise. Sir, It is submitted with due regards that the Committee constituted to look into the disparity of pay-scales and other grievances of the Group ‘B’ and ‘C’ executive staff of Customs, Central Excise & Income Tax arisin arising g out of the recommen recommendati dations ons of the 5 th CPC admitted the job contents and nature of duties of  Superintendent Central Deputy Excise to be similar to the Chief Enforcement Officer, Superintendent of NCB, UT Civil and Policeof Services, Central Intelligence Officer in IB and DSP in CBI etc. 2. The 6th CPC under the para 7.15.24 of its report has also stated stated that “the Chief Enforcement Enforcement Officer Offic er has traditionally traditionally been on par with the ITOs/anal ITOs/analogous ogous posts in CBDT and CBEC. Since the parity  between these posts is well established, the Commission recommends that the same should be maintained in future.” The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group ‘A’ scale of Rs. 8000-13500/8000-13500/- since 04.10.05. The Deputy Central Intell Intelligence igence Office Officerr in IB and DSP in CBI have already been placed in a group A scale since 01.01.86. 3. Despite of such recommendations of 6 th CPC, the Grade Pay of the Superintendent Superintendent of Central Excisee has been fixed to Rs. 4800/- in PB-2 only w.e.f. 01.01.06 Excis 01.01.06 whereas a Grade Pay of Rs. 5400/- in PB3 for Deputy Central Intelligence Officer in IB and DSP in CBI etc. and also a Grade Pay of Rs. 5400/- for the Chief Enforcement Officer. 4. It is also submitted that the Jabalpur CAT had directed the government in O.A. No. 541/94 to pay the arrears of pay to the Inspectors of Central Excise w.e.f. the date of enhancement of pay scale of the Inspectors of CBI, if both of the categories were granted the same pay scale by the 5 th CPC. The 5th CPC  placed both of the categories in the same pay scale but the payment of the arrears to the Inspectors of Central Excise is still awaited. All of then Inspectors of Central Excise have already become Superintendents now  but waiting for the payment of the arrears. 5. It is, therefore, requested that the Superintendents of Central Excise may kindly be granted a Grade Pay of Rs. 5400/- in PB-3 w.e.f. the date of the enhancement of the pay scale of the above mentioned counterparts and the payment of the arrears may also kindly be made accordingly also including as requested in above para 4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Sushil Kumar Pareek Mob. 09414203722

Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  mail Id: [email protected]  [email protected]  Mob. 09868816290

Vice Presidents: R.Pratap, Ravi Joshi, K.P.S.Rai, Anil D.Bhavisskar, V.Suresh Kumar, R.L. Sampath Kumar, Lok   Nath Mishra, V.N.Jha, K.A.Sayyed, K.A.Sayyed, Surendra Singh Anand Kishore, V.S.Kamble, P.C.Ajith Kumar, Kumar, M.Nagaraju, Joint Secretaries: R.K.Solanki, N.C.Pandey, Anand R.K.Sarkar, Anindya Sundar Roy, Jitendra Singh, M.K.Mishra Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 42/SC/12

Dt. 25.09.12 REMINDER 

To, Ms. Praveen Mahajan, Chairman, CBEC,  North Block, New Delhi. Subject: Revised Recruitment Rules as per the verdict given by the Hon’ble Supreme Court on 03.08.11 & 30.03.12 in C.W.P. No. 385/10 & C.A. No. 1198/05. Sir, Kindly refer to the Ref. No. 144 /11 Dt. 19.08.11, Ref. No. 161 /11 Dt. 08.09.11, Ref. No. 164 /11 Dt. 13.09.11, Ref. No. 168/11 Dt. 15.09.11, Ref. No. 169/11 Dt. 15.09.11, Ref. No. 170/11 Dt. 19.09.11, Ref.  No. 181/11 Dt. 20.10.11, Ref. No. 182/11Dt. 20.10.11, Ref. No. 186/11 Dt.24.10.11, Ref. No. 188/11 Dt.24.10.11, Ref. No. 189/11 Dt.24.10.11, Ref. No. 208/11 Dt.22.11.11 and Ref. No. 224/11 Dt. 27.12.11, Ref. No. 42/12 Dt. 17.04.12, Ref. No. 69/12 Dt. 24.05.12, Ref. No. 88/12 Dt. 14.06.12, Ref. No. 100/12 Dt. 02.07.12, Ref. No. 04/SC/12 Dt. 30.07.12, etc. of the Association addressed to the administration and the RR’s placed on the site of CBEC. 2. It is submitted with due regards and also with great disappointment that the revised RR’s are totally unjustifiable and unacceptable to the Association. The said RR’s will never be able to grant the “just & fair  representation” to the officers belonging to the Central Excise stream. Nothing has been done for Central Excise officers despite of the repeated requests of the Association through various representations sent on regular intervals. They shall still be forced to work under their juniors of Customs belonging to the same cadre against all the rules, norms & principles of law as well as natural justice. The “inequality among equals” shall continue by the newly framed RR’s and the Central Excise officers also shall continue to be discriminated like in the past. 3. Your goodself is, therefore, again requested to look into the matter seriously and frame the new RR’s on the basis of the representations submitted by the Association for the sake of “equity, justice & fairness” undoing the injustice, discrimination & humiliation being faced by Central Excise officers for  decades. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 44/M/12 Dt. 26.09.12 To, Hon’ble Finance Minister, Govt. of India, North Block,  New Delhi Memorandum Sir, It is submitted with due regards that the Superintendents of Central Excise observed complete   fast today on 26.09.12 throughout the country alongwith Superintendents of Customs, Inspectors of Central Excise, Preventive Officers, Administrative Officers, Senior Tax Assistants, Tax Assistants, Stenographers, Drivers, Head Havaldars, Havaldars & Sepoys covering all of three wings, i.e., Central Excise, Customs and Service Tax. None of them ate anything today and all of them   bore  black badges  throughout the day. Peaceful lunch hour demonstrations were also held by them in office compounds. The programme was observed observ ed by them without without hampering the offi official cial work throughout throughout India demanding better promotions, promotions, pay scales and worth working conditions. They have been observing different programmes to redress their  grievances at least for last 5 years in the Gandhian manner but nobody listened to them despite of the major  govt. revenue being earned by them in the form of Central Excise duty, Customs duty & Service Tax. Their  cadre restructuring meant for removal of stagnation is pending with govt. for last more than 5 years while the next cadre restructuring restructuring becomes due in 5 years. It is not being implemented implemented despite of the approval approval by the Department of Expenditure as well as Finance Minister. Department of Personnel is delaying it without any  justification or valid reason. These officers will be forced to observe big programmes in future, if the authorities keep continued not to listen them. 2. Our officers are forced to retire with single or no promotion in 35-40 years of service career on account of decades long acute stagnation while their counterparts are getting 5 to 6 promotions in other  departments. They are deprived of appropriate pay scales while their counterparts are getting higher pay scales. They are facing the worst career prospects as well as working conditions. Their counterparts of CBI, IB etc. were granted higher pay scale as well as higher post in 1986 being placed in group ‘A’. Even their  counterparts of State services are far better placed than them in r/o pay, promotions, MACP benefits, working conditions condit ions etc. The employee employee grievance grievance redressal mechanism mechanism has totally been failed failed  and no prescribed meetings are being conducted by the administration under the scheme as the authorities have no time to see the staffsid staffside. e. They were commit committed ted so many many things things on 18.01.1 18.01.11 1 at the time of presen presentat tation ion of cadre cadre restructuring proposal but none of the commitments is being fulfilled by the govt. The authorities are not interested to solve their genuine problems at all while the IRS authorities have ensured upto 9 promotions as well as higher pay packages. 3. Our counterparts are retiring in PB4 in other departments while we are forced to retire in PB2 resulting a huge difference in the salaries, pension and other benefits. The verdict given on 03.08.11 and 30.03.12 by the Hon’ble Hon’ble Supreme Court in r/o the promotiona promotionall avenues is also not being implemented. implemented. The officers are also not being granted the due benefits under the MACP scheme announced by the govt. to modify the existing ACP scheme to grant 3 financial upgradations. Rather this scheme has been proved

 

harmful to us as the officers are getting now after 30 years of service which they were getting after 24 years of service under ACP scheme. The recommendations of the 6 th Central Pay Commission under para 7.15.24 to grant us higher pay scale and chapter 3.1 to grant the parity with counterparts of headquarters offices like Central Secretariat Service are also not being implemented. We have been granted the time scale in PB2 after  four years of service while our counterparts in other departments and headquarters offices have been granted this benefit in PB3. We are not being granted the arrears of pay, time scale, promotions and stepping up of   pay despite of the orders of courts including Supreme Court. We are being promoted to junior time scale  posts while our counterparts coun terparts in other departments de partments of headquarters offices o ffices as well as State services are being  promoted to senior time scale posts. Our service is also being counted in discriminatory manner resulting in a loss of around 1 year than our counterparts of headquarters offices in r/o all the benefits. 4. The charter of demands is also enclosed herewith with the request to grant the Association the time for meeting in person at an early date. Detailed submissions regarding the staff grievances will be made during the meeting, if granted. Thanking you, Yours faithfully, Encl: As above. (RAVI MALIK), Secretary General.

 

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. 2. Parity with other counterparts either in the cadre restructuring or independent of it to retire our  officers in PB-4. 3. Immediate fulfilment of the commitments made during the presentation on cadre restructuring  proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11. 4. At least four functional promotions in the service career. 5. Immediate implementati implementation on of the Supreme Supreme Court verdict dt. 03.08.11/30.03.12 03.08.11/30.03.12 abiding all the ad hoc promotions with new recruitment rules. 6. Time-scale in PB3 & direct promotion of Superintendent to senior group ‘A’. 7. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc. 8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the Uttar Pradesh government or even on better lines. 9. Finalisation of in-situ promotion scheme under consultation of the Association. 10. Counting of regular service in consonance of the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.11 of CBEC. 11. Parity between the officers of headquarters organisations and field offices as recommended by the th 6 CPC in chapter 3.1 of its report. 12. Holding of regular minuted meetings under un der employee grievances redressal mechanism.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh

& Rajan G.Anand GeorgeKishore (South); S. Roy Shubhrangshu Deb & S. K. Jha G. (West) &A. Laxmi Lal&Singhvi (Central); N.(East); N. Lal P. & D. R. Nimhan K. Solanki (North); Srinath & S. Joint Secretaries: Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 45/M/12 Dt. 26.09.12 To, The Chairman, CBEC, North Block,  New Delhi Memorandum Madam,   fast It is submitted with duethe regards thatalongwith the Superintendents of Central Excise observed complete today on 26.09.12 throughout country Superintendents of Customs, Inspectors of Central Excise, Preventive Officers, Administrative Officers, Senior Tax Assistants, Tax Assistants, Stenographers, Drivers, Head Havaldars, Havaldars & Sepoys covering all of three wings, i.e., Central Excise, Customs and Service Tax. None of them ate anything today and all of them   bore  black badges  throughout the day. Peaceful lunch hour demonstrations were also held by them in office compounds. The programme was observed observ ed by them without without hampering the offi official cial work throughout throughout India demanding better promotions, promotions, pay scales and worth working conditions. They have been observing different programmes to redress their  grievances at least for last 5 years in the Gandhian manner but nobody listened to them despite of the major  govt. revenue being earned by them in the form of Central Excise duty, Customs duty & Service Tax. Their  cadre restructuring meant for removal of stagnation is pending with govt. for last more than 5 years while the next cadre restructuring restructuring becomes due in 5 years. It is not being implemented implemented despite of the approval approval by the Department of Expenditure as well as Finance Minister. Department of Personnel is delaying it without any

 justification or valid reason. These officers will be forced to observe big programmes in future, if the authorities keep continued not to listen them. 2. Our officers are forced to retire with single or no promotion in 35-40 years of service career on account of decades long acute stagnation while their counterparts are getting 5 to 6 promotions in other  departments. They are deprived of appropriate pay scales while their counterparts are getting higher pay scales. They are facing the worst career prospects as well as working conditions. Their counterparts of CBI, IB etc. were granted higher pay scale as well as higher post in 1986 being placed in group ‘A’. Even their  counterparts of State services are far better placed than them in r/o pay, promotions, MACP benefits, working conditions condit ions etc. The employee employee grievance grievance redressal mechanism mechanism has totally been failed failed  and no prescribed meetings are being conducted by the administration under the scheme as the authorities have no time to see the staffsid staffside. e. They were commit committed ted so many many things things on 18.01.1 18.01.11 1 at the time of presen presentat tation ion of cadre cadre restructuring proposal but none of the commitments is being fulfilled by the govt. The authorities are not interested to solve their genuine problems at all while the IRS authorities have ensured upto 9 promotions as well as higher pay packages. 3. Our counterparts are retiring in PB4 in other departments while we are forced to retire in PB2 resulting a huge difference in the salaries, pension and other benefits. The verdict given on 03.08.11 and 30.03.12 by the Hon’ble Hon’ble Supreme Court in r/o the promotiona promotionall avenues is also not being implemented. implemented. The officers are also not being granted the due benefits under the MACP scheme announced by the govt. to modify the existing ACP scheme to grant 3 financial upgradations. Rather this scheme has been proved

 

harmful to us as the officers are getting now after 30 years of service which they were getting after 24 years of service under ACP scheme. The recommendations of the 6 th Central Pay Commission under para 7.15.24 to grant us higher pay scale and chapter 3.1 to grant the parity with counterparts of headquarters offices like Central Secretariat Service are also not being implemented. We have been granted the time scale in PB2 after  four years of service while our counterparts in other departments and headquarters offices have been granted this benefit in PB3. We are not being granted the arrears of pay, time scale, promotions and stepping up of   pay despite of the orders of courts including Supreme Court. We are being promoted to junior time scale  posts while our counterparts coun terparts in other departments de partments of headquarters offices o ffices as well as State services are being  promoted to senior time scale posts. Our service is also being counted in discriminatory manner resulting in a loss of around 1 year than our counterparts of headquarters offices in r/o all the benefits. 4. The charter of demands is also enclosed herewith with the request to grant the Association the time for meeting in person at an early date. Detailed submissions regarding the staff grievances will be made during the meeting, if granted. Thanking you, Yours faithfully, Encl: As above. (RAVI MALIK), Secretary General.

 

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. 2. Parity with other counterparts either in the cadre restructuring or independent of it to retire our  officers in PB-4. 3. Immediate fulfilment of the commitments made during the presentation on cadre restructuring  proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11. 4. At least four functional promotions in the service career. 5. Immediate implementati implementation on of the Supreme Supreme Court verdict dt. 03.08.11/30.03.12 03.08.11/30.03.12 abiding all the ad hoc promotions with new recruitment rules. 6. Time-scale in PB3 & direct promotion of Superintendent to senior group ‘A’. 7. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc. 8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the Uttar Pradesh government or even on better lines. 9. Finalisation of in-situ promotion scheme under consultation of the Association. 10. Counting of regular service in consonance of the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.11 of CBEC. 11. Parity between the officers of headquarters organisations and field offices as recommended by the th 6 CPC in chapter 3.1 of its report. 12. Holding of regular minuted meetings under un der employee grievances redressal mechanism.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 46/M/12 Dt. 26.09.12 To, The Secretary, Department of Revenue, North Block,  New Delhi Memorandum Sir,   fast It is submitted with duethe regards thatalongwith the Superintendents of Central Excise observed complete today on 26.09.12 throughout country Superintendents of Customs, Inspectors of Central Excise, Preventive Officers, Administrative Officers, Senior Tax Assistants, Tax Assistants, Stenographers, Drivers, Head Havaldars, Havaldars & Sepoys covering all of three wings, i.e., Central Excise, Customs and Service Tax. None of them ate anything today and all of them   bore  black badges  throughout the day. Peaceful lunch hour demonstrations were also held by them in office compounds. The programme was observed observ ed by them without without hampering the offi official cial work throughout throughout India demanding better promotions, promotions, pay scales and worth working conditions. They have been observing different programmes to redress their  grievances at least for last 5 years in the Gandhian manner but nobody listened to them despite of the major  govt. revenue being earned by them in the form of Central Excise duty, Customs duty & Service Tax. Their  cadre restructuring meant for removal of stagnation is pending with govt. for last more than 5 years while the next cadre restructuring restructuring becomes due in 5 years. It is not being implemented implemented despite of the approval approval by the Department of Expenditure as well as Finance Minister. Department of Personnel is delaying it without any

 justification or valid reason. These officers will be forced to observe big programmes in future, if the authorities keep continued not to listen them. 2. Our officers are forced to retire with single or no promotion in 35-40 years of service career on account of decades long acute stagnation while their counterparts are getting 5 to 6 promotions in other  departments. They are deprived of appropriate pay scales while their counterparts are getting higher pay scales. They are facing the worst career prospects as well as working conditions. Their counterparts of CBI, IB etc. were granted higher pay scale as well as higher post in 1986 being placed in group ‘A’. Even their  counterparts of State services are far better placed than them in r/o pay, promotions, MACP benefits, working conditions condit ions etc. The employee employee grievance grievance redressal mechanism mechanism has totally been failed failed  and no prescribed meetings are being conducted by the administration under the scheme as the authorities have no time to see the staffsid staffside. e. They were commit committed ted so many many things things on 18.01.1 18.01.11 1 at the time of presen presentat tation ion of cadre cadre restructuring proposal but none of the commitments is being fulfilled by the govt. The authorities are not interested to solve their genuine problems at all while the IRS authorities have ensured upto 9 promotions as well as higher pay packages. 3. Our counterparts are retiring in PB4 in other departments while we are forced to retire in PB2 resulting a huge difference in the salaries, pension and other benefits. The verdict given on 03.08.11 and 30.03.12 by the Hon’ble Hon’ble Supreme Court in r/o the promotiona promotionall avenues is also not being implemented. implemented. The officers are also not being granted the due benefits under the MACP scheme announced by the govt. to modify the existing ACP scheme to grant 3 financial upgradations. Rather this scheme has been proved

 

harmful to us as the officers are getting now after 30 years of service which they were getting after 24 years of service under ACP scheme. The recommendations of the 6 th Central Pay Commission under para 7.15.24 to grant us higher pay scale and chapter 3.1 to grant the parity with counterparts of headquarters offices like Central Secretariat Service are also not being implemented. We have been granted the time scale in PB2 after  four years of service while our counterparts in other departments and headquarters offices have been granted this benefit in PB3. We are not being granted the arrears of pay, time scale, promotions and stepping up of   pay despite of the orders of courts including Supreme Court. We are being promoted to junior time scale  posts while our counterparts coun terparts in other departments de partments of headquarters offices o ffices as well as State services are being  promoted to senior time scale posts. Our service is also being counted in discriminatory manner resulting in a loss of around 1 year than our counterparts of headquarters offices in r/o all the benefits. 4. The charter of demands is also enclosed herewith with the request to grant the Association the time for meeting in person at an early date. Detailed submissions regarding the staff grievances will be made during the meeting, if granted. Thanking you, Yours faithfully, Encl: As above. (RAVI MALIK), Secretary General.

 

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. 2. Parity with other counterparts either in the cadre restructuring or independent of it to retire our  officers in PB-4. 3. Immediate fulfilment of the commitments made during the presentation on cadre restructuring  proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11. 4. At least four functional promotions in the service career. 5. Immediate implementati implementation on of the Supreme Supreme Court verdict dt. 03.08.11/30.03.12 03.08.11/30.03.12 abiding all the ad hoc promotions with new recruitment rules. 6. Time-scale in PB3 & direct promotion of Superintendent to senior group ‘A’. 7. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc. 8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the Uttar Pradesh government or even on better lines. 9. Finalisation of in-situ promotion scheme under consultation of the Association. 10. Counting of regular service in consonance of the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.11 of CBEC. 11. Parity between the officers of headquarters organisations and field offices as recommended by the 6th CPC in chapter 3.1 of its report. 12. Holding of regular minuted meetings under un der employee grievances redressal mechanism.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 mail Id: [email protected]  [email protected] 

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)   Ref. No. 48/Assn /12 Dt. 27.09.12

To, Ms. Mamta Kundra, Joint Secretary, Establishment, DOPT, North Block,  New Delhi. Sub: Posting of Association functionaries.

Madam, Kindly refer to the Ref. No. 16/Assn/12 Dt. 13.08.12, 21/Assn/12 Dt. 22.08.12 and 32/Assn /12 Dt. 10.09.12 of the Association and DOPT OM No. 16/18/2008-JCA Dt. 03.09.12. 2. It is further submitted with due regards that the decades long well established practice (also evident from  point No. VI of the F. No. 35012/28/92-AD-III-B dt. 30.06.94 of CBEC, already supplied to your  goodsel good selff alongwi alongwith th the earlie earlierr Ref. Ref. No. 21/Ass 21/Assn/1 n/12 2 Dt. 22.08.1 22.08.12) 2) of ret retain aining ing the office office bearer bearerss at headquarters headquar ters of Administra Administration/ tion/Associ Association ation has been stopped in CBEC all of a sudden by withdrawin withdrawing g the  benefit from the zonal Association functionaries of Chandigarh Zone. The DOPT clarifications vide ID No. 16/18/2008-JC 16/18/ 2008-JCA A Dt. 01.12.09 and OM No. 16/18/2008-J 16/18/2008-JCA CA Dt. 03.09.12 03.09.12 also say that the existing existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable to the guidelines on the issue. Despite of the above clarifications, the branch Association functionaries at zonal level (covering 4 states) are being denied the due benefits. This is also well pertinent to submit that the due  benefits are being granted even to the branch level Association functionaries of CSS on building to building  basis in Delhi city itself (vide letter No. 2/7/88-CS(IV) dt. 1 19.08.08 9.08.08 of DOPT) but the same are being denied to zonal Association on functionari functionaries es covering covering the jurisdiction jurisdiction over 4 states states instead instead of branch level within theour same city.Associati 3. In view of the above, it is requested requested that the necessary necessary clarification clarification may kindly be issue issued d to the CBEC on the issue with the copy of the same to the Association. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 Mob. 09437314941 mail Id: [email protected]  [email protected]  Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)   Ref. No. 49/Assn/12 Dt. 28.09.12

To, Ms. Praveen Mahajan, The Chairperson, CBEC,  North Block, New Delhi. Sub: Posting of Association functionaries.

Madam, Kindly refer to the meeting meeting held with the Associati Association on on 15.03.12 (at the time of yourself yourself looking after the charge of Member, P&V) as well as earlier meetings with the administration. 2. It is submitted with due regards that one of the points raised during the meeting/s was relating to the harassment of the office bearers. The administration was pleased in every meeting to ask for the specific case. Now, the specific case relating to the Association functionaries of the Chandigarh Zone is brought to your kind notice. The both of the key office bearers, i.e., the President (Sh. A. K. Sharma) and General Secretary (Sh. Boota Singh), of the Chandigarh Unit of the Association have been transferred outside (J&K) the headquarters of Association/administration despite of the guidelines issued by the Board vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 (point No. VI) of CBEC to retain the office bearers at headquarters office and also also the the clar clarif ific icat atio ions ns is issu sued ed by DOPT DOPT vide vide ID No. No. 16/ 16/18 18/2 /200 008-J 8-JCA CA Dt Dt.. 01.12 01.12.09 .09 an and d OM No. No. 16/18/2008-JCA Dt. 03.09.12 saying that the existing practice should be continued in r/o of the transfer of  the Association functionaries, if it is not less favourable to the guidelines on the issue. As per the well established existing practice also, the office bearers of any of the staff Associations were never being transferred to outside. But the Chandigarh administration was pleased all of a sudden neither to follow the above referred guidelines of CBEC or any of the clarifications of DOPT also nor existing practice. 3. Your kind attention is also invited to the notice of the Association to boycott the Excise Day function with one of the demands in the charter to hold regular meetings with the staffside under the staff  grievances redressal mechanism. The CBEC was pleased to issue a circular to all of the cadre controlling author aut horiti ities es of variou variouss zones zones reiter reiterati ating ng the holdin holding g of the regula regularr meeti meetings ngs under under the staff staff grieva grievances nces redressal mechanism. But very disappointingly, the Chandigarh administration has not been bothering to hold thee pres th prescr crib ibed ed meeti meeting ngss again again diso disobe beyi ying ng the the CBEC CBEC.. Due Due to th this is ar arbi bitr trar ary y act of th thee Chan Chandi diga garh rh administration, the staff grievances have been remaining unredressed for a very long time. Not only it, a handful officers are being favoured and others are discriminated in gross violation of the transfer/posting  policy as reported by the Chandigarh Unit of the Association. It has also been reported that some of the good officers are being victimised as a matter of pleasure as one of our officers was forced to retire voluntarily on non-consideration of his medical grounds despite of the recommendations of the concerned Commissioner. The spouse grounds are also not being considered despite of the DOPT guidelines to place both at the same station. 4. Furthermore, Furthermore, neither any alert notice notice was issued to the above office bearers for I/C transfer transfer nor  their names were circulated on the roster meant for posting to the disturbed area like other due officers. Their  tenure in the present Commissionerate was also not completed. They were also ordered to be relieved immediately in a discriminatory manner while others were allowed to be relieved upto 01.06.12. They have  been transferred in very emergent manner without involving any public interest. Due to such type of 

discriminative approach, they were forced to file the OA No. 462/CH/2012 in the Chandigarh branch of the  

Hon’ble CAT against their arbitrary transfer orders resulting in unnecessary litigation due to high-handed  behaviour of the Chandigarh administration. The CAT has directed the Chandigarh administration that their  case is to be decided by the highest authority in the hierarchy because of the Union of India being the respondent in the case and also the issue being belonged to 36 zones throughout the country instead of a single zone of Chandigarh.. It is further submitted that the highest authority in our hierarchy is none other  than the Chairman of CBEC or Revenue Secretary. The DOPT has also referred the issue to the CBEC. But it has been reported by the Chandigarh Unit that the Chandigarh administration is going to file an appeal in the Hon’blee High Court in totally Hon’bl totally prejudicial prejudicial manner manner without without waiting for the verdict to be given by the highest highest authority in the hierarchy. This unwarranted appeal will also result into the non-productive expenditure in utter disobedience of the directives of the government to follow the austerity measures and also to minimise litigations alongwith the strengthening of the staff grievances redressal mechanism. 5. It is also worth to submit that the object of the formation of the staff Associations is to promote harmon har moniou iouss relati relations onship hip betwee between n the admini administr strati ation on and staff staff-si -side de securi securing ng the greate greatest st measu measure re of  cooperation coopera tion in the matters of common common concern concern and increase the efficiency efficiency of public public service service combined with the welfare welfare of the employees. employees. Accordingly Accordingly,, it becomes becomes necessary necessary that the Association Association functionar functionaries ies should remain available at the headquarters of the concerned cadre controlling authority or Association headquarters itself itself.. It is necess necessary ary to ensure ensure that that the Associ Associati ation on functi functiona onarie riess are able able to partic participa ipate te fully fully in the deliberations of the council set-up. If any of them is transferred to a far-off place, it will be difficult for them to participate effectively in the concerned council meetings/Association welfare activities. Moreover, it will also be difficult for them to maintain contact with the employees whom they represent and to take up their  grievances with the concerned authorities. If the Association functionaries are transferred outside, the staff  welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking between the administration & staffside. By this, the three tier system of  employee grievances redressal mechanism will collapse as Association functionaries will not be able to represent the employee grievances at the appropriate levels. 6. In view of the above, it is requested that a judicious decision may kindly be taken on the issue by retaining the office bearers of the Chandigarh Unit at headquarters office of administration/Association for  fulfilment of the object of the formation of staff Associations particularly considering that this issue belongs to 36 zones throughout the country instead of a single zone of Chandigarh. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.  

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 Mob. 09437314941 mail Id: [email protected]  [email protected]  Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S.

Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 51/meet/12 Dt. 08.10.12 To, The ADG (HRM), CBEC, Rajendra Place,  New Delhi. Sub: Request seeking meeting to redress employee grievances. Madam, Kindly refer to the Ref. No. 22/meet/12 Dt. 22.08.12 & 30/meet/12 Dt. 10.09.12 of the Association as well as your letter No. 8/B/118/HRD(HRM)/2012 Dt. 04.10.12. It is submitted with due regards that a full-fledged meeting with the Association was held on 15.03.12 under the chair of Member (P&V). A good number of positive decisions were taken during the meeting. However, the decisions were not reflected correctly in the minutes issued vide F. No. C. 30013/6/2012Ad.IV.A Dt. 04.04.12. The action to be taken by the concerned authority/section on the decisions is still awaited. The brief details in r/o the meeting sought are, however, resubmitted as below1. Immediate approval of cadre restructuring without any cut: The necessary steps may kindly be taken for immediate approval of the cadre restructuring proposal without any cut as already approved by Expenditure. All the posts may kindly be approved on permanent basis and be filled in un-staggered manner only by promotions with no direct recruitment at group ‘A’ entry level at least for 5 years  particularly keeping in view the extraordinarily acute stagnation of the Superintendents/Inspectors of Central Excise. The stoppage of direct recruitment at group ‘A’ entry level will also protect the IRS (DR) stature. Drastic cuts have been made ignoring the minimum bare functional requirement (for 2010-11) without any link with stagnation. Now in the year 2012-13, the work-load has already increased at least by 80% on account of introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations including Seaports, LCSs etc. 2. Immediate re-framing of RR’s and regularization of all adhoc promotions: The new RR’s shall not be able to grant “just & fair representat representation” ion” to Central Excise stream and are not acceptable acceptable to the Association. All the adhoc promotions may kindly be regularised based on “just & fair” RR’s as per the Apex Court verdict dt. 03.08.11 & 30.03.12 following the precedent of the regularisation of promotions since 1980 as per Apex Court verdict. It may also kindly be ascertained whether the promotions were regularised since 1980 on the previous occasion or since 1979 giving exc excess ess vaca vacancie nciess to the Apprais Appraiser er stre stream am. The regularisation since 1980/1979 is still incomplete because the provisions of extend panel were not applied to it. So, all the promotions since 1980/1979 1980 /1979 to till date may kindly be regulerised by framing “just & fair” RR’s and using the extended panel. 3. Notional Notional promotions: promotions: As far as the Supreme Court verdict is concerned, the Central Excise officers may kindly be granted notional promotions by creating supernumerary posts for the sake of “just & fair that they are 2 decades behindprocess. their counterparts of Customs entered into the samerepresentation” cadre in sameconsidering organisation through same recruitment Central Excise officers are forced to work under 17 years junior of Customs Examiner due to the discriminati discrimination on meted to them as also admitted admitted  by the CBEC in the Board meetings of 12.01.11 & 18.02.11. 4. DPC for financial year 2012-13: Immediate steps may kindly be taken to conduct the DPC for   promotion to Group ‘A’ from Group ‘B’ executive for the year 2012-13 particularly keeping in view the

large scale monthly retirements retirements of the Central Excise Excise Superintendents without prom promotion. otion. If any dispute of   

seniority senior ity relati relating ng to any other other str stream eam is pendin pending, g, the DPC for the str stream eam/s /s (Centr (Central al Excise Excise/Cu /Custo stoms ms Superintendents) having no seniority dispute may kindly be conducted immediately. 5. Posting of Association functionaries: The main office bearers of the zonal units of the Asso As soci ciat atiion are are bei being tra rans nsffer errred to out outstat statio ions ns at so som me pl plac aces es inste nstead ad of pl plac aciing them hem at administrat admini strative/A ive/Associ ssociation ation headquarters. headquarters. By it, the staff welfare activities activities of the Association Association as well as the employ emp loyee ee grieva grievances nces redres redressal sal mechani mechanism sm is affect affected ed adverse adversely ly due to the delink delinking ing of Associ Associati ation on functionaries with the administration & staffside both. It is, therefore, requested that at least 3 office bearers (including Unit President and General Secretary) as per the request of the Association may kindly be retained at the headquarters office of the Association or administration in consonance of the letters No. 2/7/88-CS(IV) dt. 19.08.08 and No. 9/34/87-JCA dt. 08.03.88 both of DOPT. 6. Delay in vigilance/disciplinary cases: The prescribed time-frame in vigilance/disciplinary matters is not actually being observed in the field formations. The delay in such matters is posing great hardships  before the concerned officers whether relating to conducting of inquiry or taking decision on inquiry report or disposal of appeal or any other vigilance/disciplinary matter. It is requested that all of such cases may kindly be disposed of within the prescribed time-limit. 7. Meetings under the employee grievances redressal mechanism: The prescribed meetings under  the mechanism are not being conducted in the field formations despite of the clear directions of Board. The staff grievances are not being redressed due to the non-observance of such meetings despite of the reminder  from the Board. All the field formations as well as Board may kindly conduct such meetings at regular  intervals with the staff Associations to revive the grievance redressal mechanism. 8. Non Functional Financial Upgradation (NFFU) to the Central Excise executive officers at par with the counterparts counterparts of CSS: The officers of organised group-A Services have been granted NFFU at par  with the IAS officers vide DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09. The officers recruited as the Inspector of Central Excise may also kindly be granted NFFU at par with their counterparts of CSS on  batch to batch basis enabling them to retire in PB4 too. The officers recruited as Assistant Grade get the  benefit of promotions/NFFU in the grade of- i) SO S O with GP of Rs. 4800/- & Rs. 5400/- in PB3 after 4 years of service, ii) US with GP of Rs. 6600/-, iii) DS with GP of Rs. 7600/-, iv) Director with GP of Rs. 8700/- in PB-4 and v) JS with GP of Rs. 10000/- on in-situ basis. But their counterparts recruited as Inspectors of  Central Excise through the same All India competitive examination get only one promotion in 35 years. Central Excise Superintendents has been granted the time scale in PB2 instead of PB3 without further   promotion as compared to their counterparts of CSS. 9.  Old points decided in the meeting of 15.03.12: The necessary steps as per the actual decisions of  15.03.12 meeting may kindly be taken as under: (i) Fulfillment of the commitments made during the presentation on cadre restructuring on 18.01.11: Actually, it was decided that the Association would submit separate representations regarding each issue. The representations have at already been submitted by the Association, it is requested that the decisions on the same may kindly be taken an early date. (ii) Immediate release of cadre restructuring posts without any cut: Under point No. 1 above. (iii) Minimisation of   litigations with staff: It was decided that the issues would be re-sent to the nodal departments with due recommendations. But it has been reflected in the minutes that the Association may su subm bmit it a repr repres esent entat atio ion n in su supp ppor ortt of the the ca case se.. The The Asso Associ ciat atio ion, n, ho howe wever ver,, ha hass al also so su subm bmit itte ted d th thee representations. Therefore, the issues may kindly be recommended and taken up with the nodal departments. (iv) Parity with counterparts either in the cadre restructuring or independent of it to retire our officers in PB-4: The ADG, HRD was directed to work out the formula to undo the discrimination but the same has not been reflected in the minutes. The immediate steps may kindly be taken in the matter keeping in view that our common entry counterparts are easily reaching the PB4. (v) Grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other other analogo analogous us counterp counterparts arts:: It wa wass decid decided ed that that th thee is issu suee woul would d again again be ta take ken n up wi with th th thee Department of Expenditure but the same has not been reflected in the minutes. It is requested that the matter  may kindly be recommended and taken up with the Expenditure Department. (vi) Implementation of para 7.15.24 of 6th CPC report: It was decided that the issue would be taken up with the Department of Expenditure but the same has not been reflected in the minutes. It is requested that the matter may kindly be recommended and taken up with the Expenditure. (vii) At least a grade pay of Rs. 6,600-/ & 7,600/- under MACPS after 20 & 30 years of service

 

respectively to the officers after joining as Inspector, respectively Inspector, if not got 3 functional functional promotions: It was decided that the issue would be taken up with DOPT but the same has been reflected in the minutes as to be examined to refer to DOPT. The matter may kindly be recommended & taken up with DOPT. (viii) (vi ii) Stron Strong g staff staff gr griev ievan ance cess re redr dress essal al mecha mechanis nism m in the form form of minu minuted ted meetin meetings gs at reg regul ular ar intervals: Covered under point No.7 above. (ix) Promotions against existing vacancies of AC: Covered under point No. 4 above. (x) Harassment to the staff: The specific instances will be brought to the kind notice of Board. (xi) Independent HRD: It was decided that the necessary action to make independent HRD like CBDT may  be taken up stepwise but the same has not been reflected in the minutes. Necessary steps may, therefore, kindly be taken up accordingly. (xii) Grant of reward to the officers working in audit branches: The point was agreed but it has been reflected in the minutes that the specific proposal would need to be furnished. It is, therefore, requested that the necessary steps may kindly be taken as per the agreed decision at an early date. (xiii) Role of Inspectors in ACES: The point was agreed but it has been reflected in the minutes that the Association may furnish details. It is, therefore, requested that the necessary directions may kindly be issued to HRD to ascertain the role of Inspector in ACES. (xiv) Disparities in the pay structures of Superintendents and Inspectors in the Customs & Central Excise Settlement Commission on deputation basis: Necessary action is still awaited. (xv) In-situ promotions scheme: Cadre restructuring will not be proved to solve the problem of stagnation. So, the proposal may kindly be revived considering the submissions of the Association. (xvi) Revised Recruitment Rules: Covered under point No. 2 above. (xvii (x vii)) Stepp Stepping ing up of pay pay of se seni niors ors,, if juni junior or is drawi drawing ng more more pay pay on accou account nt of AC ACP/ P/MAC MACP P upgradation/s: It was decided that the issue would again be taken up with the DOPT but it has been reflected that the Association would submit a representation. The Association has already submitted the various representations. The necessary steps may kindly be taken accordingly. (xviii) UDC/DOS MACP treatment: It was principally agreed but it has been reflected to be examined for  appropriate views. Necessary steps may kindly be taken as per the agreed decision at an early date. (xix) Wearing of uniform: The matter may kindly be expedited. (xx) Performance appraisal scheme: No comments. (xxi) Option for purchase of weapon: The necessary steps may kindly be taken at an early date. (xxii) Counting of regular service: The point was agreed but it has been shown as promotee vis-a-vis direct in the minutes. Necessary steps may kindly be taken as per the agreed decision at an early date and the instructions dt. 22.07.07 may kindly be made available to the Association. (xxiii) Renewal of the recognition: The point was agreed but it has been reflected in some other way in the minutes. The necessary steps may kindly be taken as per the agreed decision at an early date. (xxiv) Promotion of all Inspectors CE, PO’s & Examiners of one particular year to the same level: The  point was agreed but b ut there seems no progress in the matter. The necessary steps may kindly be taken as per  the agreed decision at an early date. Such proposal was also mentioned as under examination during the cadre restructuring presentation on 18.01.11 by CBEC. (xxv) Promoting all the Superintendents who have completed 1.5 times of qualifying service on the lines of CSS: The necessary steps may kindly be taken as per the agreed decision at an early date. (xxvi) Promotion of Group ‘B’ Gazetted Executive Officers directly to STS like CSS:  Necessary steps may kindly be taken as per the agreed decision at an early date. Such proposal was also mentioned as under  formulation during the cadre restructuring presentation on 18.01.11 by CBEC. (xxvii) Creation of separate service on the lines of CSS: The point was agreed but in contrary manner in the minutes. Necessary steps may kindly be taken as per the agreed decision at an early date. Such proposal was also mentioned as under consideration during the cadre restructuring presentation on 18.01.11. The creation of the separate service on the lines of CSS etc. was also recommended by DOPM in its file F. No.

8/B/4/O&PM/2008 submitted to the Member (P&A) on 17.01.08 (vide letter F. No. 8/B/33/O&PM/2008 Dt. 06.05.08 of the Commissioner of DOPM). Further, the creation of the separate service on the lines of CSS etc. was also recommended by the Member (P&A) in F. No. 11013/67/2007-Ad IV of CBEC on 24.01.08. The direct IRS officers Association also recommended for the same. (xxviii) Transfer & posting: Necessary instructions may kindly be issued to the zonal authorities. (xxix) Powers of adjudication to Superintendents . Early steps may kindly be taken.

 

(xxx) Abolition of Monitoring Committee Meetings for Audit: Specific instances of difficulty will be  brought to the kind notice of the Board. (xxxi) Free annual medical health check-ups: The point was agreed but there seems no progress in the matter. The necessary steps may kindly be taken as per the agreed decision. (xxxii) (xxx ii) Authori Authorisati sation on of premier premier private private hospita hospitals ls for medical medical care care and treatmen treatment: t: The point was agreed. The orders in the matter are still awaited. (xxxiii) Centralised GPF account: May kindly be expedited with Expenditure. (xxxiv) (xxx iv) Arrear Arrearss of pay since 1986: 1986: It was decided that the issue would again be taken up with the Expenditure but the same has not been reflected reflected in the minutes. The necessary steps may kindly be taken as  per the agreed decision at an early date. The Board also issued the orders for the same under the signature of  then DS, Sh. Dharmveer Gupta, but the implementation of the same is still awaited. (xxxv) Seniority benefit on promotion to group ‘A’ in lieu of service rendered in group ‘B’:  Necessary steps may kindly be taken as per decision at an early date. (xxxvi) Non-functional Non-functional scale in PB3: It was decided that the issue would be taken up with the Expenditure  but the same has not been reflected in the minutes. It has been linked with MACPS while it is totally independent of MACPS. Necessary steps may kindly be taken as per the agreed decision. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE  

GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09437314941 mail Id: [email protected]  [email protected]  Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 52/P/12

Dt. 12.10.12

REMINDER 

To, Ms. Praveen Mahajan, The Chairperson, CBEC,  North Block, New Delhi. Sub: Use of extended panel to grant promotions.

Madam, Kindly refer to the Notification No. 30/2000 of CBEC issued vide F. No. A. 32012/8/2000-Ad.II(Pt.) Dt. 21.11.2000 in pursuance of the judgement dated 22.11.96 of the Hon’ble Supreme Court and Ref. No. 29/P/12 Dt. 10.09.12 of the Association. 2. As the Association came to know, it is submitted again with due regards that no extended panel was utilised at the time of the regularisation of the promotions vide above referred Notification of CBEC. The clarificatory DOPT OM No. 22011/4/98-Estt.(D) dt. 12.10.98 to DOPT OM No.22011/5/86-Estt. (D) dt. 10.4.89 says about the use of extended panel to benefit the in-service officers in lieu of the retired officers considered for DPC as the retired officers have no right for promotion. 3. It is further submitted that the CBEC should have prepared the extended panel to give the benefit of  the promotions to our in-service officers at the time of the regularisation of the post-1979 promotions to implem imp lement ent the judgem judgement ent of the Hon’ble Hon’ble Suprem Supremee Court Court in its true spiri spirit. t. The implem implement entati ation on of the  judgement of the Hon’ble Supreme Court is incomplete for the want of the use of the extended panel in consonance of the DOPT guidelines. As a peculiar case, the DPC may kindly be reviewed as a whole in a single lot for the period starting from 1980/1979 instead of making annual panels to give the maximum  benefit of the extended panel to the officers. 4. In view of the above, it is requested that the said benefit of extended panel may kindly be granted now to the in-service officers by reviewing the earlier DPC.  The Association also requested vide its Ref. No. 99/12 Dt. 02.07.12, 112/12 Dt. 13.07.12 etc. to implement the extended but panel r/o ofisthe conducted in the month of June, 12 for promotion to the post of Asstt. Commissioner theinresult stillDPC awaited. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General. Copy with the request of necessary action to: The Member (P&V), CBEC, North Block, New Delhi. (RAVI MALIK)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE  

GAZETTED EXECUTIVE OFFICERS President: Sushil Kumar Pareek Mob. 09414203722

Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 mail Id: [email protected]  [email protected] 

Vice Presidents: R.Pratap, Ravi Joshi, K.P.S.Rai, Anil D.Bhavisskar, V.Suresh Kumar, R.L. Sampath Kumar, Lok   Nath Mishra, V.N.Jha, K.A.Sayyed, K.A.Sayyed, Surendra Singh Joint Secretaries: R.K.Solanki, N.C.Pandey, Anand Anand Kishore, V.S.Kamble, P.C.Ajith Kumar, Kumar, M.Nagaraju, R.K.Sarkar, Anindya Sundar Roy, Jitendra Singh, M.K.Mishra Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 54/SC/12

Dt. 18.10.12 REMINDER 

To, Ms. Praveen Mahajan, Chairman, CBEC,  North Block, New Delhi. Subject: Revised Recruitment Rules as per the verdict given by the Hon’ble Supreme Court on 03.08.11 & 30.03.12 in C.W.P. No. 385/10 & C.A. No. 1198/05. Madam, Kindly refer to the Ref. No. 144 /11 Dt. 19.08.11, Ref. No. 161 /11 Dt. 08.09.11, Ref. No. 164 /11 Dt. 13.09.11, Ref. No. 168/11 Dt. 15.09.11, Ref. No. 169/11 Dt. 15.09.11, Ref. No. 170/11 Dt. 19.09.11, Ref.  No. 181/11 Dt. 20.10.11, Ref. No. 182/11Dt. 20.10.11, Ref. No. 186/11 Dt.24.10.11, Ref. No. 188/11 Dt.24.10.11, Ref. 189/11Ref. Dt.24.10.11, 208/11 Dt.22.11.11 No. 224/11 Dt.100/12 27.12.11, Ref. No. 42/12 Dt.No. 17.04.12, No. 69/12Ref. Dt. No. 24.05.12, Ref. No. 88/12and Dt. Ref. 14.06.12, Ref. No. Dt. 02.07.12,, Ref. No. 04/SC/12 Dt. 30.07.12, Ref. No. 42/SC/12 02.07.12 42/SC/12 Dt. 25.09.12, 25.09.12, Ref. No. 45/M/12 Dt. 26.09.12, Ref. No. 51/meet/12 Dt. 08.10.12 etc. of the Association addressed to the administration but without any response. 2. It is again submitted with due regards that the revised RR’s are totally unjustifiable & unacceptable as the same no way shall grant the “just & fair representation” in group ‘A’ to the Central Excise stream. “Just & fair representation” is only possible when Central Excise officers enter into group ‘A’ at each level in  proportion of numerical strength. At present, we have already 460 promotee group ‘A’ entry level officers  belonging to Customs stream against only 584 belonging to Central Excise. The situation is even worse at higher levels. 3. Your goodself knows very well that Central Excise executive officers are retiring merely in PB2 while their common entry counterparts are retiring in PB4. They are even forced to work under their juniors of Customs recruited in the same cadre due to the faulty & discriminatory RR’s. No DOPT provisions say that a senior relating to same cadre should work under a junior. This was the reason that the C.W.P. No. 385/10 was filed in the Apex Court and things were further made clear through written submissions. These written submissions were also enclosed with the representation sought by the Board on the issue. The Apex Court directed the government to frame the new RR’s based on the representations made. It was expected that the injustice would be undone by framing the RR’s in the manner of not forcing a senior to work under  his/her natural junior following the scheme as disclosed by the CBEC during the course of the presentation of  the cadre restructuring proposal on 18.01.11 saying that a proposal is already under examination to bring the Inspectors, PO’s and Examiners of same year at par in the matter of promotions. 4. The Inspectors, PO’s & Examiners enter the job as Inspector in the same cadre subdivided into three categories (without any justification). As far as Customs work is concerned, our Inspector is mentioned as the Inspector of Central Excise & Land Customs in the RR’s. It clearly stipulates that he is recruited to  perform the duties of Customs also and he is already performing the same not only throughout the Land Customs but also on airports, border area, coastal area etc. (also a lot of Excise related Customs work) looking after the bulk work of Customs (many times more than PO’s & Examiners). The same is the position at group ‘B’ gazetted level as our Superintendent is also equally authorised to look after the work of Customs including appraisement and already looking after the bulk work of Customs like Inspector. All of 3 streams are merged at group ‘A’ entry level again substantiating that all of 3 belong to one & the same cadre at group

B non-gazetted as well as gazetted level. But very disappointingly, our Inspector is placed decades behind  

th thee Exam Examin iner er and and also also PO upto upto go good od ex exte tent nt due to the the fa faul ulty ty & di disc scri rimi mina nato tory ry RR’s RR’s re resu sult ltin ing g in into to discriminatory promotional avenues. These discriminatory promotional avenues have already been very well admit adm itte ted d by the the CBEC CBEC on va vari riou ouss oc occa casi sions ons bu butt no re reme medi dial al st steps eps have be been en ta take ken n to un undo do th this is discrimination till date. This discrimination can only be undone by framing of RR’s ascertaining parity in  promotions with common entry counterparts. 5. The problem was also duly recognized by CBEC and reflected in the minutes of Board meeting of  12.01.11 and 18.02.11 directing the HRD wing of CBEC to formulate the measures to undo the prolonged injustice. As a result, it was expected that the common entry counterparts would be brought at par in the matter of promotions and no senior would be forced to work under any junior as a justifiable outcome of new RR’s. But nothing has been done. Even the ratio of 13:2:1 worked out by CBEC is absolutely incorrect. 6. However as per DOPT guidelines under Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10, the fixation of ratio is not mandated in the case of small number of promotional posts as around 2% is too small in our case. In the minutes of the Board meeting held on 12.01.11 also, it was said that the mere change in the existing ratio would be insufficient to address the situation. It may also be seen under section 18(2)(a) of the original Indian Customs & Central Excise Service Group ‘A’ Rules, 1987 that the vacancies to be filled by promotion should should be filled filled in accordance with the common seniority seniority list of the three group ‘B’ categories of the officers instead of any ratio formula. Any ratio formula is never able to grant “just & fair representation” because a category (Customs) ahead of other (Central Excise) will always remain ahead even if single post/vacancies even out of thousands or more is given to it. 7. Thus, the RR’s may kindly be framed without trifurcating the cadre at Inspector and Group ‘B’ gazetted level and prescribing the qualifying service based on the OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of DOPT (not being followed by CBEC) which clearly stipulates   the  promotion of the officer  completing 12, 17 & 20 years of service to the grade of JC, ADC & Commissioner respectively after entering the job as Inspector as below (The validity of this OM was also admitted by the CBEC during the  presentation on cadre restructuring proposal on 18.01.11 but they showed their inability to implement the same due to the want of required number of vacancies. The problem of the want of the required number of  vacancies may be overcome by the promotions on notional basis or supernumerary posts or even on in-situ  basis as last measure) (i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector. (ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector ( There is no  justification  justificat ion of promoting an officer officer from a grade pay of Rs. 5,400/- to 5,400 5,400/-. /-. It is also submit-wort submit-worthy hy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a senior group ‘A’ post instead of junior group ‘A’ in Central as well as State governments. ). (iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector. (iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector. (v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector. (vi) 23 years for promotion to the HAG. (vii) 24 years for promotion to the HAG + Scale after joining as Inspector. (viii) 26 years for promotion to the HAG Apex Scale after joining as Inspector. (ix) 27 years for promotion to the HAG + Apex Scale after joining as Inspector. 8. Keeping in view the acute stagnation of the Central Excise executive officers, there should kindly be incorporated the permanent provisions in the RR’s framed on the above lines at every level in ad addit dition ion to the the above above quali qualifyi fying ng se serv rvice icess to promo promote te (eve (even n inin-sit situ u or other otherwis wise) e) the offic officer er automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of  qualifying service. 9. In view of the above, it is once again requested that the RR’s may kindly be framed in accordance of the submissions made by the Association as directed by the Apex Court also abiding all the ad hoc  promotions by the new RR’s. Thanking you,

Yours faithfully,

(RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai(South); & Vatan (Central); AnuragDeb Chaudhary & D. Ravi Joshi (North); A. Ravinder & Rajan G. George A.Kamble S. Roy & Shubhrangshu (East); P. Nimhan & S. K. Jha (West) Singh Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 56/CR/12 To, The Secretary, DOPT,  North Block, New Delhi.

Dt. 21.10.12

Sub: Cadre restructuring in CBEC.

Sir, It is submitted submitted with due regards regards that the Central Excise executive officers officers are retiring retiring with single  promotion in the service career and forced to work  under their extreme juniors of Customs belonging to the same cadre of Inspector recruited through the same examination in the same organisation of CBEC under  the department of Revenue of the Ministry of Finance. The single cadre of Inspector has been trifurcated into 3 sub-ca sub-categ tegori ories es in absolu absolutel tely y unjust unjustifi ifiabl ablee manner manner,, i.e., i.e., Inspect Inspector or (Centr (Central al Excise Excise & Land Land Custom Customs), s), Preventive Officer (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively by CBEC re-merging at the group ‘A’ entry level. This places the Inspector (Central Excise & Land Customs) 20 years  behind the Examiner (Inspector Customs) due to the discriminatory rate of promotion and faulty recruitment rules. The ongoing cadre restructuring would also be insufficient to remove the acute stagnation of the totally demoralized Central Excise executive officers. 2. The existing ratio between group ‘A’ entry level to group ‘B’ is 1:16 in CBEC while 1:2 in CBDT or even more at other places. As a result, the common entry officers in CSS, CBDT, Customs, Rajya Sabha Secretariat, CPO’s, CBI etc. are attaining PB4 level easily (5 to 6 promotions) whereas the officers recruited as Inspector of Central Excise in PB2 retire as Superintendent in PB2 itself after getting one promotion only. Thus due to the discrimination & disparity in promotions among common entry counterparts, even the  pension of other counterparts is more than the salary of the Central Excise executive officers as a result of tthe he gross injustice done to them. The proposed strength at AC/DC llevel evel has been scaled down from minimum  barely required 4896 (in 2010-11) to 3600 to avoid the dilution of the stature of IRS in the ongoing cadre restructuring. Thus, the stature of an elite service is being given more importance over the efficiency and revenue collection. It will unstrengthen the Service Tax, audit, preventive, anti-evasion, anti-smuggling & anti-narcotics set-ups in affecting adversely the indirect tax collection.   3. The IRS officers of CBEC were granted parity with their common entry counterparts of  CBDT in the last cadre restructuring and they are going to get the parity with other better placed common entry group ‘A’ counterparts in the ongoing cadre restructuring alongwith the creation of  posts in the higher pay scales. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise executive officers. Such parity will certainly have a positive impact on the government revenues due to the feeling of job satisfaction amongst these totally demoralised officers. This  parity is very well possible by adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, direct promotion to higher post/s or any other  specific measure/s and re-framing the RR’s without trifurcating a single cadre of Inspector or Superintendent

 prescribing the qualifying service in consonance of the latest OM No. AB 14017/61/2008 Estt.(RR) dt.  

24.03.09 of DOPT 24.03.09 DOPT (not (not being being follow followed ed by CBEC) CBEC) which which clearl clearly y sti stipul pulate atess  the  promotion of Inspector  completing 12, 17 & 20 years of service to the grade of JC, ADC & Commissioner respectively. The validity of this OM was also admitted by CBEC during the presentation of cadre restructuring proposal on 18.01.11  but they showed their inability to implement the same due to the want of required number of vacancies/posts. vac ancies/posts. It is, therefore, requested that the required number of posts may kindly be created and the said OM implemented as per  Annexure-I. If the creation of the required number of posts is really impossible, our  officers may kindly be granted in-situ promotions which requires no creation of posts. 4. It is further submitted that the cadre restructuring proposal of CBEC is presently under submission to the Cadre Review Committee through DOPT. Waiting for final approval of it, our officers are forced to retire every month without further promotion after getting only a single promotion in their career of 35-40 years. The drastic cuts have been made to the proposed posts by DOPT in complete disregard to minimum bare functional requirement & also approval by Expenditure. These cuts in the originally proposed staff  strength will require reworking of the reorganization and reduce the number of Zones and Commissionerates. In such a situation, not only the promotional avenues of the officers but also the overall efficiency of indirect tax administration will suffer. The unjustified cuts will also affect the revenue collection very adversely alongwi alo ngwith th the increa increase se of the possib possibili ility ty of smu smuggl ggling ing activi activitie ties, s, infil infiltra tratio tion n of cont contrab raband andss and let lethal hal weapons posing serious threat to the security of o f the Nation due to the shortage of working hands. 5. DOPT has approved even the reduced posts at AC/DC level tempora temporarily rily only for five years, i.e., the strength at AC/DC level would revert back to the existing 1550 after five years and all the additional 2050 posts will be abolished. On the other hand, the workload would be increased multifold. It is also worth to submit that the Department of Expenditure approved 2050 posts of AC/DC in addition to the existing 1550 on permanent basis alongwith 1296 additional posts to be reviewed functionally after 5 years.   Thus, the proposed strength of 4896 at AC/DC level has been reduced only to 3600 despite of the approval by the Expenditure. Moreover, the posts of AC and DC have been bi-furcated which has no justification as an AC has to become DC in time bound manner after 4 years of service. 6. The cuts have made also saying that the strength at AC/DC level was proposed by CBEC to remove stagnation in group ‘B’ ignoring the fact that the projection of 4896 posts at AC/DC level was purely  based on the minimum bare functional requirement as per workload (Annexu Annexure-II re-II & III). Had the criterion for projection of proposed strength been stagnation in group ‘B’ Executive, the proposed strength would have  been more than 9000 to match the number of Group ‘B’ officers who have already put in more than 25 years of service and got only one functional promotion . 7. It is further submitted that no heed has been paid to the DOPT communications issued   vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11 27.0 1.11,, No.35034 No.35034/9/ /9/201 2010-Es 0-Estt. tt.(D) (D) Dt. 10.02.1 10.02.11, 1, OM No. 35034/9 35034/9/20 /201010-Est Estt. t. (D) Dt. 10.02.1 10.02.11 1 etc etc.. stipulating very clearly that the cadre restructuring process should be viewed to mitigate the stagnation of  the stagnated employees. The CBEC already has odd number of around 30000 group ‘B’ Central Excise executive officers comprising Superintendents and Inspectors retiring only with one promotion in their  service career. It is worth to submit that the officers joining as Inspector even in 1975 are still waiting to enter group ‘A’ while of 1987 to become Superintende Superintendent nt but no measures have been taken to mitigate their  acute stagnation. Unnecessary cuts have been made without any justification or provisions even after the approval of proposal by Expenditure ignoring the fact that we are retiring after only one promotion while our  common entry counterparts are getting 5 to 6 promotions (Annexure-IV). 8. DOPT has also stated that the additional posts at AC/DC level would be released in staggered manner and filled as per RR’s. If the same is done, the objective of the increase in efficiency of indirect tax administration as well as revenue collection would be defeated. 9. The filling-up of the posts as per RR’s means that only 50% vacancies would go to the promotee officers contrary to the fact that 100% posts created in cadre restructuring are always meant for the promotee officers and are filled by their promotions only to remove their stagnation.

10. No condition, however, of temporary sanction or staggered release or only 50% posts meant for promotee officers has been put in the cadre restructuring of CBDT by DOPT. 11.  The Standing Committee on Finance in its 52nd report had also observed that “the majority of  direct recruit Inspectors of Central Excise and Preventive officers (almost 98%) get only one functional  promotion during average service span of 35 years in CBEC. Main reason for such acute stagnation is the

ratio ratio (1:15) (1:15) betwee between n the str strengt ength h of Assist Assistant ant Commis Commissio sioner ner (group (group A ) & group group B lev level. el. In other  other   

departments of GOI, the said ratio varies from 1:2 to 1:4.” The Committee expresses concern over the  pathetic situation of man-power shortage and desires both CBDT and CBEC to hasten formulation of a  policy in this regard while giving interim relief to stagnating cadres. According to the Ministry, the Cadre restructuring proposal of both the Departments is under consideration of the Department of Personnel & Training. Since shortage of staff is the main reason for shortfall in the performance of both the Departments, the Committee desires the Government to pursue the matter of cadre restructuring with the DOPT in a timebound manner." 12. The specific directions dt. 03.08.11 of the Hon’ble Supreme Court in Civil Writ Petition No. 385/10 to frame new recruitment rules for the just & fair representation of each category and also abide all ad hoc promotions with new rules are not being followed by CBEC even after the expiry of second deadline on 30.06.12. The CBEC instead of framing the rules of parity in promotions has arbitrarily fixed again an incorrect ratio of 13:2:1 in place of 6:1:2 (Central Excise Superintendent : Customs Superintendent : Customs Appraiser) to enter group ‘A’. If it is calculated even based on their own formula, it should be 17:2:1 as per  sanctioned sancti oned strength and 22:2:1 as per working strength. strength. As per the said ratio, around 300 (as per 17:2:1) or  500 (as per 22:2:1) Appraisers have already been entered excess into group ‘A’. This figure would have been even more, if their seniority was updated beyond March, 02. Accordingly, around 3900 (as per 17:2:1) or  6500 (as per 22:2:1) or even more of our Superintendents of Central Excise should also enter group ‘A’ keeping their relative seniority intact by granting them notional promotions. However as per the DOPT guidelines, the ratio should be 38:2:1 as per sanctioned strength and 44:3:1 as per working strength. It is also worth to submit as per DOPT guidelines that ratio formula is not applicable where the number of  promotional posts is too less as only around 2% in our case . Even if the CBEC is adamant to implement the ratio formula, at least above said number of our Superintendents should get notional promotions.   13. In view of the above, it is requested that the cadre restructuring of CBEC may kindly be approved & implemented in its original form without any cut filling up all the 100% posts by promotions without any condition of implementing it staggeredly or temporarily or bifurcation of AC/DC posts  keeping in view that a good number of our officers are already retiring every month without promotion . We even functionally require now more posts on account of 80% more increased work load than proposed in 2010-11. The functional requirement has now increased due to the introduction of negative list of services in Service Tax, opening of new Seaports, Seaports, ICDs, Airports, Airports, major expansion expansion of existing formatio formations ns including including Seaports, LCSs etc.  An immediate device independent of cadre restructuring may also kindly be formulated for the acutely acutel y stagnated stagnated Central Central Excise Excise executive executive officers officers granting them parit parity y wit with h their their com commo mon n entry entry counterparts enabling them also to retire in PB-4 like their counterparts . Thanking you, Yours faithfully, Encls: As above (Annexure I to IV)

(RAVI MALIK), Secretary General.

 

Annexure-I Qualifying service to be prescribed for Central Excise executive officers as per DOPT OM No. AB14017/61/2008-Estt.(RR) dt. 24.03.09

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector. (ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector ( There is no  justification  justificat ion of promoting an officer officer from a grade pay of Rs. 5,400/- to 5,400 5,400/-. /-. It is also submit-wort submit-worthy hy that the most of the group ‘B’ gazetted officers including in CSS are being promoted to a senior group ‘A’ post instead of junior group ‘A’ in Central as well as State governments. ). (iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector. (iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector. (v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector. (vi) 23 years for promotion to the HAG after joining as Inspector. (vii) 24 years for promotion to the HAG + Scale after joining as Inspector. (viii) 26 years for promotion to the HAG Apex Scale after joining as Inspector. (ix) 27 years for promotion to the HAG + Apex Scale after joining as Inspector. Keeping in view the acute stagnation of the Central Excise executive officers, there should kindly be incorporated the permanent provisions in addition to the above qualifying services in the recruitm recr uitment ent rules rules at every every level level to promote promote the the officer officer automati automaticall cally y to the next next higher higher grade, grade, if  his/her stagnation in a grade reaches one & half times of qualifying service . Such provisions may be created based on the precedent when all the Section Officers (equivalent to our Superintendent) of CSS were  promoted to the post of Under Secretary (equivalent to our Deputy Commissioner) after completion of one & half times of qualifying service in CSS some years ago in 1999.

If the stature of IRS is worried, all the additional posts at entry level may kindly be kept reserved for  the promotee officers to make the IRS stature secured and additional posts may kindly be created for the  promotee officers at every level in proportion of o f CSS strength. It is also worth to submit that a good number  of posts of the Joint Secretary have been kept reserved for CSS officers in the latest cadre restructuring of  them.

 

Annexure-II WORK-LOAD Service Tax base has increased consistently grown since its inception in 1994 as follows: (i) Number of Services covered in 1994 : 3 (ii) Number of Services covered in 2002 : 27 (iii) Number of Services covered in 2011 : 117 (iv) Number of Services in 2012 : UNLIMITED (1) Number of assessees in 1994 : 3,943 (2) Number of assesses in 2002 : 1,33,531 (3) Number of assesses in 2011 : 13,33,923 (4) Number of assesses in 2012 : UNLIMITED - Growth in assessee base over 2002-03 : 899% - Estimated asseessees in in 2014-15 : 70,00,000 - Revenue (estimated in 2011-12) : Rs. 95000 crores - Revenue (projected for 2012-13) : Rs. 124000 crores

Revenue (Rs. crores)

LOAD 2002INCREASE -03 201IN 1-1WORK 2 2013-14 (projected) 1,37,883 3,98,696 6,04,956

% growth 439%

Assessee base

2,13,300

17,00,000

70,00,000

3 32 282%

Import/Export documents

37.4 lakhs

80.9 lakhs

130 lakhs

348%

Factory stuffing

1,00,000

12,00,000

18,00,000

1800%

Passengers

94 lakhs

350 lakhs

462 lakhs

491%

57

162

350

614%

ICD

Revenue

REVENUE COLLECTION (in crore of Rupees) 2012-13 % growth in % growth in 20122002-03 2011-12 (BE) 2011-12 13

Central Excise

87383

150695.59

194350.34

172.45%

222.41%

Service Tax

5000

95000

124000

1900%

Customs

45500

153000

186694

336.26%

410.32%

Total Revenue

137883

398695.59

505044.34

289.16%

366.28%

2480%

 

Annexure-III I- Additional work: i. Chandigarh International Airport ii. Dhamra New Sea port iii. Kattupalli Seaport- Major Expansion iv. Krishnapatnam Seaport- major Expansion v. International Check-Posts ata) Attari,  b) Petrapole c) Raxaul d) Muna Munabo bo,, Barm Barmer  er 

II- New ICDs notified: i. Edapuddu ii. Gandhi Nagar   iii. Hazira iv. Kalingapur   v. Kannur   vi. Mahboob Nagar   vii. Tondiarpet viii. Trichur   ix. Wardha

III- 24 x 7 operations Seaports i. Chennai ii. JNPT iii. Kandla iv. Kolkata

IV- 24 x 7 Aircargo: i. Bangalore ii. Chennai iii. Delhi iv. Mumbai

 

Annexure-IV PROMOTIONAL AVENUES OF INSPECTOR OF CENTRAL EXCISE (1) Inspector (2) Superintendent (3) Asstt. Commissioner (only 1.78%) {ONLY ONE PROMOTION}

PROMOTIONAL AVENUES OF EXAMINER OF CUSTOMS

(1) Appraiser Examiner (2) (3) Asstt. Commissioner (4) Deputy Commissioner (5) Joint Commissioner (6) Addl Commissioner {5 PROMOTIONS}

PROMOTIONAL AVENUES OF INSPECTOR OF INCOME TAX (1) Inspector (2) Income Tax Officer (3) Asstt. Commissioner (4) Deputy Commissioner (5) Joint Commissioner (6) Addl Commissioner (7) Commissioner {6 PROMOTIONS}

PROMOTIONAL AVENUES OF ASSISTANT OF CSS (1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS}

PROMOTIONAL AVENUES OF ASSISTANT OF RAJYA SABHA SECRETARIAT  

(1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS}

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS

President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  [email protected]   Mob. 09868816290 Mob. 09437314941 mail Id: [email protected] Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 57/MACP/12 To, The Secretary, DOPT,  North Block, New Delhi.

Dt. 21.10.12

Sub: Irregularities in MACPS.

Sir, Kindly refer to the original DOPT OM as well as various clarifications of DOPT in r/o Modified Assured Career Progression Scheme. Also refer to the Notification of the Govt. dt. 29.08.08 regarding implementation of the report of 6 th CPC. 2. It is submitted with due regards thata) The DOPT authorities authorities have offset MACP upgradation with the time scale after 4 years years of service while the time scale and MACP/ACP upgradation are altogether different things requiring different  procedures for implementation. Holding of DPC is necessary for granting the MACP benefit like in the case of functional promotion but it is not required for the grant of time scale. There exist no statutory provisions to offset MACP benefit by the time scale. It was also nowhere mentioned in the above referred Notification of  the Govt. dt. 29.08.08 that the benefit of MACP upgradation would be offset by the time scale. The State Governments like Uttar Pradesh have also not offset MACP upgradation with the time scale. They have also granted the IIIrd MACP benefit to their employees only after the 26 years of service.  b) Para 8.1 of MACPS instructions stipulating Rs. 5400/- in PB2 and PB3 as separate grade pays is not lawful in itself because of  lacking any financial benefit to the employee which is the basic feature of  ACPS or MACPS. This para does d oes also not clarify which grade pa pay y of the both is higher in monetary terms. c) Anything is always modified for betterment of the stake holders. Nothing is ever modified to make the things worse. In original ACPS, the employees were able to get the grade pay of Rs. 5400/- in PB3 after  24 years of service only. In MACPS, they’ll be able to get this grade pay of Rs. 5400/- in PB3 after 30 years of service on account of the un-reasoned clarifications. Thus, scheme has been de-modified instead of being modified and Modified ACPS is being proved to be lossful to the employees instead of beneficial as compared to the original ACPS. d) MACPS has been further de-modified saying that higher grade pay would be granted in the hierarchy of pay band and grade pay instead of promotional hierarchy. The original ACPS was introduced to compensate the employees against the lack of promotions on account of stagnation to grant them the pay scale of higher promotional post/s. Thus, the original aim & intention to introduce ACPS are missing in MACPS. e) The officers performing same nature of duties after serving with the same length of service have to

e) The officers performing same nature of duties after serving with the same length of service have to draw the different grade pays due to un-reasoned clarifications by the DOPT authorities on MACPS. The  

officers can't be granted different grade pays for performing same nature of duties after serving for the same length of service. It is violative of the ‘doctrine of equal pay for equal work’ as well as ‘fundamental right to equality’. f) The Notification of the Govt. dt. 29.08.08 very clearly says that the financial upgradations under MACPS would be granted in the higher grade . It is nowhere mentioned in the Notification that the upgradations would be granted in the hierarchy of the grade pays.   3. In view of the above, the MACPS as a whole is required to be relooked for the sake of natural  justice, uniform implementation of the law and uniformity before the law. Accordingly, it is requested that the financial upgradations under MACPS to the employees may kindly be granted without creating more than one categories in a cadre for the same length of service and the following rectifications may kindly be made in the MACPSa) The offsetting of MACP upgradation with the time scale may kindly be undone.  b) Para 8.1 of MACPS instructions may kindly be withdrawn. c) The higher grade pay may kindly be granted in the hierarchy of actual financial benefit. d) The officers performing same nature of duties after serving with same length of service may kindly  be granted same grade pay. e) The financial upgradations may kindly be granted in the higher grades as notified in the above referred Notification dt. 29.08.08. 4. As far as the Inspectors & Superintendents of Central Excise are concerned, they may kindly be allowed the MACP upgradations in the following manner in consonance of the clarification point No. 3 in OM No. 35034/3/2008-Estt. (D) Dated 09.09.10 of DOPT maintaining the complete uniformity for the officers(i) having served the same length service - after 10 years of service to an officer recruited as the A grade payfor of Rs. 4,800/on Istofupgradation direct Inspector of Central Excise, if not got 1 functional promotion. (ii) A grade pay of Rs. 6,600/- on IInd upgradation after 20 years of service to an officer recruited as the direct Inspector of Central Excise, if not got 2 functional promotions. (iii) A grade pay of Rs. 7,600/- on IIIrd upgradation after 30 years of service to an officer recruited as the direct Inspector of Central Excise, if not got 3 functional promotions. (iv) Accordingly, the scheme may also kindly be relooked for promotee officers like by granting a grade pay of Rs. 6,600/- on IIIrd upgradation after 30 years of service to an officer recruited as the direct UDC/Stenographer/Lady Searcher of Central Excise, if not got 3 functional promotions . 5. It is further submitted that we have no other platform like Anomaly Committee to raise this issue on account of ourselves being belonged to a cadre drawing a grade pay above Rs. 4,200/-. Therefore, you are the only hope to give us justice. Thanking you,

Yours faithfully,   (RAVI MALIK), Secretary General.

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President:Mishra Address for communication: Secretary General: Lokanath 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  mail Id: [email protected]  [email protected]  Mob. 09437314941 Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

  Ref. No. 63/CR/12 To, Sh. Murali Manohar Joshi, The Hon’ble Chairman, Public Accounts Committee,  New Delhi.

Dt. 29.10.12

Sub: Injustice meted out to the Group ‘B’ Central Excise executive officers in r/o pro promotional motional avenues as well as pay matters. Sir, It is submitted with due regards that the Central Excise Superintendents entering the job as Inspector are retiring only with single promotion   in the service career of 35-40 years and forced to work   under their extreme juniors  of Customs belonging to the same cadre recruited through the same examination in the same organisation of CBEC under the same department of Revenue of the same Ministry of Finance. The single cadre of Inspector has been trifurcated into 3 sub-categories in absolutely unjustifiable manner, i.e., Inspector (Central Excisee & Land Customs), Excis Customs), Preventiv Preventivee Officer Officer (Inspecto (Inspectorr Customs) Customs) & Examiner Examiner (Inspector (Inspector Customs) Customs) to be  promoted as Superintendent Superintendent (Central Excise Excise & Land Customs), Superintendent Superintendent (Customs) (Customs) & Appraiser (Customs) respectively re-merging at group ‘A’ entry level. This places the officers entering the job as Inspector (Central Excise & Land Customs) decades behind the Examiners (admitted by CBEC vide its meetings dt. 12.01.11 and 18.02 18. 02.11 .11)) due to the the discr discrim imina inator tory y rat ratee of promot promotion ion and and faulty faulty recrui recruitm tment ent rules. rules. The ongoin ongoing g cadre restructuring will also be insufficient to remove the acute stagnation of the totally demoralized officers as also admitted by CBEC vide the minutes of the meeting dt. 12.01.11 (para 3.6 of BMB No. 06/2011) enclosed herewith as A-I. CBEC already has more than 9000 Group ‘B’ officers who have put in more than 25 years of  service and got only one functional promotion. MACPS is also unable to undo the gross injustice as these officers are able to get the grade pay of next promotion only in Junior Time Scale after 30 years of service. 2. The common entry officers in CSS, CBDT ( same department), Customs (same organisation), Rajya Sabha Secretariat, CPO’s, CBI etc. are attaining PB4 level easily (5 to 6 promotions, A-II)) whereas these Central Excise officers retire in PB2. Thus due to the discrimination & disparity in promotions among common entry counterparts, even the pension of others is more than the salary of Central Excise officers. This gross injustice has totally demoralised the Central excise officers having nothing to motivate either in promotional matters or in pay matters. The cadre restructuring proposal of CBEC started in 2007 is under submission to the Cadre Review Committee but the DOPT is putting unwarranted repeated objections to the same. As a result, whatever a bit little expected solace is also being delayed terribly. The drastic cuts have been made to the proposed posts by DOPT in A-III & IV despite of the complete disregard to minimum bare functional requirement in r/o revenue collection ( approval by Expenditure. The proposed strength at AC/DC level has already been scaled down) from 4896 (in 2010-11) to 3600. It shall unstrengthen the Service Tax, audit, preventive, anti-evasion, anti-smuggling & antinarcotics set-ups affecting adversely the indirect tax collection alongwith increased possibility of smuggling activities, infiltration of contrabands & lethal weapons posing serious threat to the security of the Nation due to the shortage of working hands. The process is being delayed despite of the fact that the Standing Committee on

Finance in its 52nd report has expressed its concern over the pathetic situation of man-power shortage desiring  

 both CBDT & CBEC to hasten formulation of a policy in this regard to give interim relief to stagnating cadres. The Committee also desired the Government to pursue the matter of cadre restructuring in a time-bound manner.  It is also worth to submit that   functional requirement now has increased by 80% more as compared to 2010-11 on account of the introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations etc. The shortage of working hands shall not only affect adversely the collection of Central Excise & Customs duty as well as Service Tax but also GST in future. 3. The IRS officers of CBEC were granted parity with the common entry counterparts of CBDT in last cadre restructuring and with other better placed common entry group ‘A’ counterparts in the ongoing one alongwith the creation of posts in the higher pay scales . But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise Superintendents. This parity is very well possible to  boost the morale of these officers by adopting the measures like time bound promotions, notional promotions, promotions, creation creat ion of supernum supernumerary erary posts, creation of separ separate ate service, direct promotion promotion to higher post/s post/s or any other  specif spe cific ic measu measure/ re/ss alongw alongwith ith re-fram re-framing ing th thee RR’s RR’s with without out trifur trifurcat cating ing a sin single gle cad cadre re of Inspec Inspector tor or prescribi ribing ng the qualifyin qualifying g service service as per DOPT DOPT OM No. AB-14017 AB-14017/61/ /61/2008 2008-Estt -Estt.(RR) .(RR) dt. Superintendent presc 24.03.09 (not being followed by CBEC) stipulating clearly the  promotion promotion of Inspector to the grade of JC, ADC & Commissioner after completing 12, 17 & 20 years of service respectively. During the presentation of cadre restructuring proposal on 18.01.11, CBEC showed its inability to implement the same due to the want of required number of vacancies/posts. It is, therefore, requested that the required number of posts may kindly be created and the said OM implemented as per  A-V. If the creation of the required number of posts is really impossible, our  officers may kindly be granted in-situ promotions requiring no creation of posts. 4. No heed has also been paid to the DOPT communications issued   vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No. 35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the cadre restructuring mitigate the stagnation of the officers stagnated employees  process be 30000 viewedgroup to mitig . The CBEC already has odd number should of around ‘B’ate Central Excise executive comprising Superintendents and Inspectors retiring only with one promotion in their service career. It is worth to submit that the officers joining as Inspector  even in 1975 are still waiting to enter group ‘A’ while of 1987 to become Superintendent but no measures have  been taken to mitigate their acute stagnation. stagnation. Nothing has also been done despite of the specific directions dt. 03.08.11 of the Hon’ble Supreme Court in Civil Writ Petition No. 385/10 to frame just & fair RR’s except fixing a ratio of 13:2:1 for entry to Group ‘A’ Junior Time Scale in contrary to Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10 mandating fixation of no ratio in the case of small number of promotional  posts as around 2% is too small in our case. CBEC has also said vide the minutes (para 3.2 of point No. 3) of the meeting dt. 18.02.11 ( A-VI) that the mere change in the existing ratio would be insufficient to address the situation. It is also submit-worthy submit-worthy that the most of the group ‘B’ gazetted officers officers including including CSS are being pr prom omote oted d to se seni nior or gr group oup ‘A ‘A’’ in Cent Centra rall as well well as St Stat atee gover governm nmen ents ts while while th thee Ce Cent ntra rall Exci Excise se Superintendents (if any) are allowed to be promoted to merely ajunior group ‘A’. 5. As far as the pay matter is concerned, the 6th CPC under para 7.15.24 of its report has very specifically recommended that the well-established parity between Central Excise Superintendents and Chief  Enforcement Officers should be maintained. The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group ‘A’ scale of Rs. 8000-13500/- since 04.10.05. The other analogous counterparts of Central Excise Superintendents like Deputy Central Intelligence Officer in IB and DSP in CBI have already been placed in the group ‘A’ pay scale since 01.01.86. In contrary to the recommendations of CPC, the Central Excise Superintendent has been granted a lower Grade Pay. 6. In view of the above, it is requested that an immediate device independent of cadre restructuring may kindly be formulated for the acutely stagnated Central Excise Superintendents to enable them also to retire in PB-4 granting them parity with their common entry counterparts and the cadre restructuring may also kindly  be approved & implemented implemented in its original form without any cut filling up all the 100% posts by promotions with no conditi condition on of im imple plemen mentin ting g it stagge staggered redly ly or tempor temporari arily ly or bif bifurc urcati ation on of AC/DC. AC/DC. It is also requested that the Central Excise Superintendents may kindly be granted a Grade Pay/pay scale equivalent to the counterparts mentioned under preceding para w.e.f. the date of the enhancement of their pay scale. Thanking you, Yours faithfully,

Encls: As above (Annexure I to VI) (RAVI MALIK),

Secretary General.  

“A-I” Minutes of the Meeting held on January 12, 2011 in respect of BMB Nos .05/2 .05 /2011 011 and anBoard d 06 06/2 /2011 011 .  The Board in its Meeting chaired by Shri S. Dutt Majumder, Member (CX) holding charge of  o f  Chairman, CBEC deliberated on the issues detailed herein. herein. The following officers were present. Shri Y.G. Parande, Member (Budget & Comp.) Shri S.K. Goel, Member (Customs, RI&I, Exports & Safeguards) Ms Lalitha John, Member (P&V) Shri Rajesh Dhingra, Member (L&J) Ms Sandhya Baliga, DG (HRD) Ms Kameshwari Subramanian, ADG, DGICCE Shri M.S. Arora, ADG (HRM) Shri Lok Ranjan, JS (Admn) Shri Rajeev Tandon, Commissioner (Coord.) & Secretary, CBEC 2. BMB No.05/2011 Issue in brief : Review of pendency of Central Excise adjudication cases pending for more than one year 2.1 In pursu pursuanc ance e of its its commit commitment ment to the the PAC, PAC, a perio periodic dic rrevi eview ew of the the adjud adjudicat ication ion p pend endenc ency y of Central Excise Excise cases is undertaken undertaken by the Board. Board. A special cell cell in the DGICCE has been set up for close monitoring of the pendency of adjudication cases at the field level, particularly with reference to those pending over one year and keep the Board informed of the progress in the matter. 2.2 It is observed that the pendency of Central Excise adjudication cases of over one year has grown by 189% since the commence commencement ment of the financial financial year and is holding at current levels for the last four months. As of November 2010, th the e growth in adjudication pendency of over one year cases over the previous previous year is around 37%. The Board expressed serious concern at the alarming

rise in the pen penden dency cy of adjudic adjudicatio ation n cas cases es and observ observed ed that despit despite e con constan stantt foll follow-u ow-up p and addressing address ing the field formations formations in the matter by different officers officers in the Board, including Membe Member, r, no significant significant progress was noticeable noticeable at the ground level. Thus special atte attention ntion and continu continuous ous focus was called for particularly particularly in respect of the Commissione Commissionerates rates which had fared poorly in the matter. For proper appreciation appreciation of pendencies pendencies it however desired desired the intimation of pendencie pendencies s adjudicating authority-wise within a formation. Regardless of its aforesaid observations, the Board impre imp ress ssed ed upon upon the the Zonal Zonal Membe Members rs to cl clos osel ely y inter interac actt with with the the Ch Chie ieff Co Comm mmiss issio ioner ners s an and d Commissioners in the matter so that all out efforts are made for adjudication of all pending cases of over one year and hold adjudication officers / supervisory officers accountable for failure in timely adjudication adjudication of cases over over one year. It desired that the Members Members in their visit to their fie field ld formations look into the adjudication pendencies in particular and impress upon the officers for expeditious disposal of the same. It also suggested the redistribution of adjudication cases to officer offi cers s with lower pendenc pendencies, ies, particu particularl larly y in Servic Service e Tax matte matters rs where where pendenci pendencies es had regis registe tere red d a high higher er incr increa ease se in gene genera rall so that that maxi maximum mum dis dispo posal sal of adjud adjudic icati ation on case cases s is undertaken underta ken befor before e the end of the fiscal fiscal year. year. The Chief Commissi Commissioner oner shoul should d streng strengthe then n the Service Tax adjudication cells in the Commissionerate and take other innovative steps so that all adjudication cases of over one year as on date are disposed of by 31.03.2011. The Chairman observed that if the situation was so good in March 2009, and it deteriorated considerably after that, the responsibilit responsibility y has to be shared by the Zonal Chief Chief Commissioner Commissioner as well. It was for them to pull up their socks and do the needful iin n a proactive manner. Board called for a review of the

progress made in the matter after two months, based on which the performance of the Chief   

Commissioners and the Commissioners Commissioners Commissioners will be considered. considered. The Zonal Members Members will also continue to monitor the progress in this regard [Action : Zonal Members/DG (Inspection)] 3. BMB No.06/2011 Issue in brief : Stagnation in Group ‘B’ Executive grade – grant of in situ promotion. 3.1 While While consi consider dering ing a prop proposal osal for revi revision sion in the the ratio ratio o off the fee feeder der cadres cadres for prom promotio otion n to the grade of Assistant Assistant Commissioner, taking note of wide disparities disparities and delays in promotion both within a particular particular feeder cadre and vis-avis vis-avis the other two feeder streams streams spread across different different Zonal formations, the Board had directed the Director General, HRD to suggest a scheme whereby such disparities in promotion are eliminated and employees from all the feeder grades are given equal opportunity for promotion to the Group ‘A’ level. 3. 3.2 2 Quot Quotin ing g stat statis isti tics cs it is now now subm submit itte ted d th that at despi espite te a co comm mmon on comp ompetit etitiv ive e Al Alll Ind ndia ia Examination, the officers of the three Group ‘B’ Executive Non-Gazetted cadres (Inspector, Central Excise; Exc ise; Preven Preventiv tive e Office Officer; r; Examine Examiner) r) encoun encounter ter varyin varying g tim time e len lengths gths in gettin getting g subseq subsequen uentt promotions. promotio ns. Thus, while Inspectors Inspectors and Preventive Preventive Officers Officers by and large get only one functional promotion promotio n in a career career span of 35 years on account of acute stagnation, employee employees s recruited recruited as Examiners normally make it to the grade of AC because of faster promotion from Examiner to Appraiser Apprais er and then to the Grade of AC. Because Because of the stagnation officers officers in the three stream streams s recruited in the same year could suffer promotional backlog by as much as 17 to 18 years between different streams. It is pointed out that the categorization of executive grade posts into the three streams of Central Central Excise, Cus Customs toms Preventive Preventive and Appraiser Appraiser has led to a discriminatory discriminatory rate of  promotion promotio n to the Superi Superintenden ntendent’s t’s grade grade and loaded loaded in favour of of the Appraiser Appraiser’s ’s stre stream. am. The further furt her esplitting splitt ing oflist the executiv exec utive e grades grades into Zones Commiss ComThis missione ionerat rates es having ng sub-ca sub-cadre drewise wise separat separate seniority have hav e only accentuated accentu ated the problem. problem. has led to havi a situation whereby a  junior in a given feeder cadre posted to a growing zone at times becomes senior to his counterparts in a different zone. 3.3 3.3 The The exist existin ing g ratio ratio of 6:1: 6:1:2 2 [6-S [6-Sup uper erint inten ende dent nt Cent Centra rall Exci Excise, se, 1-S 1-Supe uperi rinte ntend ndent ent Cus Custo toms ms (Prev.), 2- Appraiser] fixed by the Hon’ble Supreme Court for promotion from Group ‘B’ Gazetted Executive grade to JTS of Group ‘A’ bears no correlation to the sanctioned strength of the feeder cadre creating imbalance in the rate of promotion from Group ‘B’ Gazetted to Group ‘A’ level. Submitting Submitti ng that with the average average promotional rate of around 200 per annum, it is likely that many of these officers from Customs Preventive and Central Excise streams would retire without even getting a second promotion promotion as Assistant Commissioner. Commissioner. Contrary Contrary to this, an individual individual promoted from the Examiner’s stream is usually left with an average of 17 years of residual service at Group ‘A’ level. 3.4 3.4 The The fact that that Centr Central al Excise Excise stre stream am const constitu itute tes s arou around nd 86% while while the the Cust Custom oms s Prev Preven enti tive ve stream has a strength of about 11% of the total Group ‘B’ Executive cadre, the Appraisers with a meager strength strength of less than 4% are able to steal steal a march over a large majori majority ty of officers. For resolution of the issue, the following alternatives were suggested : i).Revision inthe feeder ratio from 6:2:1 to 15:2:1 (15- Superintendent Central Excise, 2-Customs Preventive & 1-Appraisers). ii).Applyin ii).Appl ying g the principl principle e of combine combined d length length of servic service e (Inspec (Inspector tor and Superin Superinten tenden dent) t) for promotion to the grade of Assistant Commissioner. iii).Applying option (i) & (ii) simultaneously. iv).Iniv) .In-sit situ u promoti promotions ons to the next higher higher grade grade on the basis of combin combined ed length length of servic service e (Inspector + Superintendent). 3.5 The pros pros and and cons cons of of the the af afore oresaid said alternat alternative ives s were were a also lso s state tated. d. Thus Thus wh while ile a me mere re change change in the existing ratio or the application application of the principle principle of combined combined length of service service in itself would be insufficient to address the situation fully, it is likely that it would lead to promotion of officers only from the Central Excise side for the next few years, besides, disturbing the seniority list and

therefore theref ore likely to be challenged challenged legally. Applying Applying the two in conjunction conjunction would also be fraught  

with risk as it would mean a revision of the existing seniority list and thus vulnerable to legal challenges. challen ges. The option of in situ promotion promotion based on combined length length of service in Inspector Inspector and Superintendent grade is therefore canvassed as it would cut across inter cadre as well as intra cadre disparities amongst feeder cadres and provide upgradation to the next higher level for each feeder cadre, upon completion of prescribed length leng th of service. 3.6 3.6 Consi Conside deri ring ng,, ten ye year ars s as the minim minimum um le lengt ngth h of servi service ce as far far as the In Inspe spect ctor or gr grad ade e is concerned it is informed that 6689 officers in this grade would get th the e benefit thereof. Two models for in situ promotion for Assistant Commissioner’s grade were proposed viz (i) whereby 20 years of  combined regular service (Inspector and Superintendent grade) for JTS and 25 years for STS would lead to a coverage of 11345 officers officers recruited recruited as Inspector Inspector of Central Excise. Excise. (ii) Enhanc Enhancing ing the aforesaid ratio by 5 years from 20 to 25 and 25 to 30 years would lead to coverage of 8984 officers. officer s. Precedent Precedent of grant of in situ promotion promotion to the stagnated cadr cadres, es, was also cited in the Central Cen tral Secreta Secretariat riat Service, Service, Ministry Ministry of Health Health and Rajya Rajya Sabha Sabha Secret Secretari ariat at prop propose osed. d. The proposed measure was likely to address the problem in perpetuity and do away with the stagnation at the cutting edge level faced by executive officers and ensure a minimum of three promotions to the officers officers recruited recruited in the Inspector grade officers. officers. The scheme is more or less revenue revenue neutral as employees likely to be promoted on in situ basis would already be drawing a higher pay scale by virtue of Assure Assured d Career Promotion Promotion Scheme. Scheme. On the other other hand it is submitte submitted d that as the in situ situ promotions based on the length of service criteria is vulnerable to both administrative and legal challenges, it would be appropriate to consider a mechanism based solely on the length of service criter cri teria, ia, tho though ugh notwith notwithstan standing ding any change change in feeder feeder ratio, it may fall sho short rt of meeting meeting the promotional promotio nal aspirations of a large part of the work force in the short / medium term on account of  limited promotional promotional avenues avenues on an yearly basis. Even fresh fresh vacancies lik likely ely to arise as a result of  cadre-restructuring, may not be able to resolve the problem. 3.7 3.7 The The Board Board consid consider ered ed the the propos proposed ed alte altern rnati ative ves s and was of the the vie view w that that the pro propo pose sed d in situ promotion, with all its stated positives had certain pitfalls and may not be able to best serve the interests of the effected cadres, whereby it was necessary to examine in greater detail the advantag adva ntages es and disadvanta disadvantages ges of the two formats formats of in situ situ pro promoti motion on and length of ser servic vice e criteria. criter ia. The Board thus formed a three member member committee of ADG (HRD) and JS (Admn) heade headed d by Member Member (P&V) to study study and examine examine the benefits benefits and shortcom shortcomings ings of the two propose proposed d measures, measure s, whereafter whereafter the matter would be presented presented to the Chairma Chairman n and then to the full Board Meeting for consideration. It called for expeditious action in the matter latest by 28.01.2011.

[Action : Member (P&V)/ JS (Admn) / DG (HRD)]

 

“A-II” PROMOTIONAL AVENUES OF INSPECTOR OF CENTRAL EXCISE (1) Inspector (2) Superintendent (3) Asstt. Commissioner (only 1.78%) {ONLY ONE PROMOTION}

PROMOTIONAL AVENUES OF EXAMINER OF CUSTOMS (SAME CBEC) (1) Examiner (2) Appraiser (3) Asstt. Commissioner (4) Deputy Commissioner (5) Joint Commissioner (6) Addl Commissioner {5 PROMOTIONS}

PROMOTIONAL AVENUES OF INSPECTOR OF INCOME TAX (SAME DEPARTMENT) (1) Inspector (2) Income Tax Officer (3) Asstt. Commissioner (4) Deputy Commissioner (5) Joint Commissioner (6) Addl Commissioner (7) Commissioner {6 PROMOTIONS}

PROMOTIONAL AVENUES OF ASSISTANT OF CSS  

(1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS} PROMOTIONAL AVENUES OF ASSISTANT OF RAJYA SABHA SECRETARIAT (1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS}

“A-III” WORK-LOAD grown (Service i) NumbTax er ofbase Servihas ces increased covered in consistently 1994 : since3its inception in 1994 as follows: (ii) Number of Services covered in 2002 : 27 (iii) Number of Services covered in 2011 : 117 (iv) Number of Services in 2012 : UNLIMITED (1) Number of assessees in 1994 : 3,943 (2) Number of assesses in 2002 : 1,33,531 (3) Number of assesses in 2011 : 13,33,923 (4) Number of assesses in 2012 : UNLIMITED - Growth in assessee base over 2002-03 : 899% - Estimated asseessees in in 2014-15 : 70,00,000 - Revenue (estimated in 2011-12) : Rs. 95000 crores - Revenue (projected for 2012-13) : Rs. 124000 crores

Revenue (Rs. crores)

INCREASE IN WORK LOAD 20 2013 13-1 -14 4 (pro (proje ject cted ed)) 2002-03 2011-12 1,37,883 3,98,696 6,04,956

% gr grow owth th 439%

Assessee base

2,13,300

17,00,000

70,00,000

3 32 282%

Import/Export documents

37.4 lakhs

80.9 lakhs

130 lakhs

348%

Factory stuffing

1,00,000

12,00,000

18,00,000

1800%

Passengers

94 lakhs

350 lakhs

462 lakhs

491%

57

162

350

614%

ICD

REVENUE COLLECTION (in crore of Rupees)

 

Revenue

% growth in 2011-12

% growth in 201213

194350.34

172.45%

222.41%

95000

124000

1900%

45500

153000

186694

336.26%

410.32%

137883

398695.59

505044.34

289.16%

366.28%

2002-03

2011-12

Central Excise

87383

150695.59

Service Tax

5000

Customs Total Revenue

2012-13 (BE)

2480%

“A-IV” I- Additional work: i. Chandigarh International Airport ii. Dhamra New Sea port iii. Kattupalli Seaport- Major Expansion iv. Krishnapatnam Seaport- major Expansion v. International Check-Posts at-

e) f) g) h)

Attari, Petrapole Raxaul Muna Munabo bo,, Barm Barmer  er 

II- New ICDs notified: x. Edapuddu xi. Gandhi Nagar   xii. Hazira xiii. Kalingapur   xiv. Kannur   xv. Mahboob Nagar   xvi. Tondiarpet xvii. Trichur   xviii. Wardha

III- 24 x 7 operations Seaports  

v. vi. vii. viii.

Chennai JNPT Kandla Kolkata

IV- 24 x 7 Aircargo: v. Bangalore vi. Chennai vii. Delhi viii. Mumbai

“A-V” Qualifying service to be prescribed for Central Excise executive officers as per DOPT OM No. AB14017/61/2008-Estt.(RR) dt. 24.03.09

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector. (ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector ( There is no  justification  justificat ion of promoting promoting an officer from a grade pay of Rs. 5,400/- on account of time scale after 4 years of service to Rs. 5,400/- only. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a post with a grade pay of Rs. 6600/- instead of Rs. 5400/in Central as well as State governments. ). (iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector. (iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector. (v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector. (vi) 23 years for promotion to the HAG after joining as Inspector. (vii) 24 years for promotion to the HAG + Scale after joining as Inspector. (viii) 26 years for promotion to the HAG Apex Scale after joining as Inspector. (ix) 27 years for promotion to the HAG + Apex Scale after joining as Inspector. Keepin Keep ing g in vie view the the ac acut utee st stag agna nati tion on of the the Ce Cent ntra rall Exci Excise se exec execut utiv ivee offic fficer erss (Superintendents/Inspectors), there should kindly be incorporated the permanent provisions in the recruitment recruitme nt rules in addition to to the above above qualifying qualifying services services at every every level to promote promote the officer officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of  qualifying service. Such provisions may be created based on the precedent when all the Section Officers (equivalent (equiv alent to our Superintendent) Superintendent) of CSS were promoted promoted to the post of Under Secretary Secretary (equivalent to our  Deputy Commissioner) after completion of one & half h alf times of qualifying service some years ago in 19 1999. 99.

 

All the additional posts at group ‘A’ entry level may also be kept reserved for the promotee officers to make the IRS stature secured and additional posts may kindly be created for the promotee officers at every level in proportion of CSS strength. It is also worth to submit that a good number of posts of the Joint Secretary have been kept reserved for CSS officers in the latest cadre restructuring of them.

“A-VI” Minutes of the Board Meeting held on February 18, 2011

The Board The Board in its Meet Meeting ing chair chaired ed by Shri Shri S. Dutt Dutt Maju Majumd mder, er, de delib libera erate ted d on the the iss issue ues s detailed herein. herein. The following officers were present. Shri Y.G. Parande, Member (Budget & Comp.) Shri S.K. Goel, Member (Customs, RI&I, Exports & Safeguards) Ms Vijai Lakshmi Sharma, Member (ST) Ms Lalitha John, Member (P&V) Shri Rajesh Dhingra, Member (L&J) Ms Sandhya Baliga, DG (HRD) Shri M.S. Arora, ADG(HRM) Shri Ajay Jain, Commissioner Commissioner (CX) Ms Neeta Lall Butalia, Commission Commissioner er (DPPR) Shri Lok Ranjan, JS (Admn) Shri Neerav Kumar Mallick, Addl. Director (HRD) Shri Alok Jha, Addl. Commissioner (DPPR) Shri Samanjasa Das, OSD (CX.9) 2. Presentation No.01 by ADG(HRM). Issue in brief : Revised “Cadre Restructuring” Proposal. 2.1 2.1 Chai Chairm rman an,, CBEC CBEC,, appr appris ised ed the the Boar Board d Memb Member ers s th that at th the e pr prev evio iou us ca cadr dre e re rest stru ruct ctur urin ing g proposal propo sal was shared with the staff staff associat associations ions// federatio federations ns and the their ir suggest suggestions ions have been

received. These have been taken into account and a revised cadre restructurin restructuring g proposal has been prepared. Thereafter, a presentation was made by ADG(HRM) to the Board on the revised cadre  

restructuring restructu ring proposal.

2.2 The Board Board was informed informed that that since since the the year year 2002 2002-03 -03 when when the last c cadre adre restruct restructurin uring g took took place plac e the total revenue revenue collection collection has trebled. trebled. Chairman Chairman,, at this juncture, juncture, inti intimate mated d that that total total revenue collection during the current fiscal is likely to cross the budgetary estimates of Rs. 3.15 lakh crore and the revised estimate is Rs. 3.34 lakh crore. The workload in terms of assesseebase, number of Customs documents handled, number of international passengers etc. has also increased significantly. The revenue collection and the workload are likely to increase further by the year 2014-15.

2. 2.3 3 The The Boar Board d was was infor informe med d th that at the offic officer ers s of IRS (C& (C&CE CE)) la lag g be behi hind nd th thei eirr coun counte terp rpar arts ts in other Central Services in terms of promotional avenues, and consequently the officers with 22 years of service, as against required 17 years as per DOP&T norms, still await promotion to Senior Administrative Grade. Similarly, officers with 33 years of service have not yet received promotion to the HAG. In some of the Central Central Services, the officers with 2 25 5 years of service have reached reached HAG level. Further, there are no encadred posts at HAG+ and above levels in the CBEC, while other analogous services have. In Group ‘B’ also, there is alarming situation of stagnation as the executive officers normally get only one functional promotion during average service span of 35 years. The problems faced faced by other staff cadres in career career progression were also highlighted. highlighted.

2.4 Th The e Board Board was appri apprised sed tha thatt on the basis basis of the the workloa workload d and reven revenue ue colle collecti ction on of existi existing ng Central Excise Zones during the year 2009-10 and projections for 2010-11, the cadre restructuring prop propos osal al envi envisa sage ged d reor reorga gani niza zati tion on of ex exis isti ting ng 23 Cent Centra rall Exci Excise se Zone Zones s and and 93 CE & 7 ST Commissionerates into 39 Central Excise & 6 Service Tax Zones and 119 Central Excise & 22 Service Tax Commissionerates. Similarly, on Customs side existing 11 Customs Zones and 35 Customs & Customs (P) Commissionerates were proposed to be reorganized into 20 Customs &  Customs Cus toms (P) Zones Zones and and 60 Customs Customs & Custom Customs s (P) Commiss Commissione ionerate rates. s. The Board Board was also also apprised appr ised about about the proposal proposal for strengt strengtheni hening ng the existing existing Directorates Directorates and creation creation of new Directorates of Tax Arrears Recovery and International International Customs.

2.5 The key key chang changes es that that have have been been made made in in the the cadre cadre restruc restructuri turing ng proposa proposall which which includ include e the demands / suggestions of the officers and staff associations associations are given below. Increase in the proposed strength at Apex Scale, HAG+ & HAG Increase in proposed strength at CAO /AO grades •





No abolition abolition of DOS/ STA STA posts



Merger of Assistant Programmers (erstwhile (erstwhile DEO Grade-D) with Ministerial grades



Enhancement Enhancem ent of promotional avenues for Sepoys / Havaldars

The Board was informed that that the demand demand of the Associations Associations / federations regarding regarding filling up of all the cadre restructuring restructuring vacancies vacancies by promotions only can be accepted accepted for all the grades barring the grade of Inspector, in which such vacancies would be much more than the present total working strength of the feeder grades. The Board was also informed that the grades of  Programmer and Assistant Programmer which are lying vacant were also proposed to be abolished. The following changes2010: in the strength at various levels were proposed to be made in the Cadre restructuring restructu ring Proposal

IRS (C&CE)

Sl. No.

Grade

Pre-revised

Revised Proposal

Di Difference

 

Proposal 1

Apex Scale

18

23

5

2

HAG+

77

72

-5

3

HAG

100

125

25

4

SAG

365

340

-25

Stenographers Grades 18

5

Sr. PS Grade-I

6

Sr. P.S.IIGrade-

77

72

-5

7

PS Grade-I

100

125

25

8

PS Grade-II

365

340

-25

Ministerial Grades 221

23

5

9

CAO

349

10

AO

1564

2070

506

11

STA

4077

4850

773

Sepoy / Havaldar / Head Havldar Cadre ASI Grade-I 0 1198

12

128

1198 2396

13 14

ASI Grade-II Head Havaldar

0 3173

2396 4117

944

15

Havaldar

14375

8690

-5685

17548

16401

-1147

Total

2.6 Th The e Board Board was infor informed med tha thatt after after making making the the aforesa aforesaid id chang changes, es, the the total total staff stren strength gth envisaged in the cadre restructuring proposal was 95168.

2.7 2.7

Duri During ng the the di disc scus ussi sion on,, the the sh shor orta tage ge of work workin ing g st stre reng ngth th in Sten Stenog ogra raph pher er ca cadr dre e was was

high highli ligh ghte ted d and and it was was sugg sugges este ted d th that at in case case of supp supply ly cons constr trai aint nts, s, it may may be exam examin ined ed independent of cadre restructuring if the employees of other grades having computer skills can also be deployed in these posts.

2.8 As re rega gards rds ent entry ry level level of IRS (C&C (C&CE), E), it was was sugg suggest ested ed that that the the direct direct recru recruitm itmen entt to JTS should be limited to the the extent that there was no stagnation stagnation in the cadre as well well as no shortage of  officers for promotion to the higher grades in later years. Since majority of the promotee ssistant Commissioners Commissione rs would would superannuate superannuate in next 2-3 years, a large number vacancies at JTS JTS were were likely to be created , and filling up of 50% of those vacancies by direct recruitment, as provided in the recruitme recruitment nt rules, would would cause stagna stagnation tion at a later later stage. At this stage, stage, the Board was informed about the recent DOP&T circular removing the limit of per annum direct recruitment of  minimum 3% of cadre strength strength in Group ‘A’ services.

2.9 It wa was s sug sugge geste sted d that that the propos proposed ed Comm Commiss ission ioners ers (Cadr (Cadre e Contro Control) l) shoul should d be given given more more powers. It was also suggested that there should not be any increase in the strength of Drivers, as the Government is not permitting purchase of new vehicles. However, the Board directed that

there should not be any abolition of the posts of Driver from DGRI and DGCEI.  

2. 2.10 10 The The Boar Board d ex expr pres esse sed d conc concer ern n th that at the Gu Guwa waha hati ti CE Commi Commiss ssio ione nera rate te had not be been en provided the staff strength at the time of creation. The Board was informed that the staffing requi req uirem remen ents ts of the the Gu Guwah wahati ati Com Commi missi ssione onerat rate e ha have ve be been en taken taken in into to accoun accountt in the the Ca Cadre dre Restructuring Restructuri ng Proposal.

2.11 The Board Board approved approved in princip principle le the proposed proposed chang changes es in the cad cadre re restruct restructurin uring g propos proposal, al, st 2010, and directed DGHRD to submit the revised proposal by 1 March, 2011. [Action: DG (HRD)]

3.

Presentation No.02 by ADG (HRM)

Issue in brief : In-situ Promotion Scheme for Group ‘B’ Executive Cadres (Gazetted and Non-Gazetted) 3. 3.1 1 The The Chair Chairma man, n, CBEC, CBEC, gave gave a brie brieff ov over ervi view ew of the ac acut ute e st stag agna nati tion on being being faced faced by the executive cadres, particularly Central Excise and Customs Preventive streams, and highlighted highlighted the urgency to address the issue. In his presentation, ADG (HRM) briefly highlighted the problem of  stagnation being faced by two of the three executive cadres (viz. Central Excise and Customs Preventive streams). It was stated that Group ‘B’ Executive grades (Inspector & Superintendent grade officers) constitute 47% of total Staff Strength, of which CE stream constitutes 85.5% and Customs Preventive stream 10.6%,while Appraising cadre only 3.76%. However, majority of the Inspecto Insp ectors rs of Central Central Excise Excise & Customs Customs Prevent Preventive ive Officers Officers get only only one functio functional nal promotion promotion during average service span of 35 years, while Examiners are much better placed and reach up to the level of Additional Commissioner. It was informed that 1992 batch Examiner and 1975 batch Inspector CE & Preventive Officer have been promoted as Assistant Commissioner at the same time in October, 2010. 3.2 The reas reasons ons for for stagn stagnati ation on in inclu clude de limite limited d num numbe berr of promoti promotion on quota quota posts posts at at Assist Assistant ant Commissionerr (currently around 200 Commissione 200 per annum), annum), fragmentation of Group ‘B’ Executive Executive Cadres into three streams, further fragmentation of these cadres into Zonal / Commissionerate-based cadres, cadre s, no co-relation co-relation of the existing existing ratio ratio for promotion promotion to Group Group ‘A’ (6 CE : 1 Cus. Cus. Prev. : 2 Appraising) with the sanctioned strength of the three Executive Cadres etc. For addressing the said problem of stagnation, stagnation, following three initiatives were identified: Revision of ratio for promotion on the basis of cadre strength of the three feeder streams Grant of in situ promotions to the officers of the stagnated stagnated cadres Promotion to JTS on o n the basis of the base-cadre seniority. seniority. As regards revision of ratio for promotion to the grade of Assistant Commissioner on the basis of the cadre strength of the three feeder streams, the Board was informed that the ratio worked wor ked out to 15 for Cent Central ral Excise Excise,, 2 for Custo Customs ms Pre Preven ventiv tive e an and d 1 for App Apprai raisin sing g st strea ream. m. However, even though revision of ratio would make distribution of promotion quota vacancies at Asst. Commissioner level more equitable, it would not have much effect on reduction of stagnation in execu executiv tive e cad cadres res,, due due to limite limited d numb number er of annu annual al promot promotion ion quota quota vacan vacancie cies s (curre (current ntly ly average 200  per annum) at Assistant Commissioner level. It was emphasized that despite its limitations, the ratio needed to be revised.  –

 –

 –

3. 3.3 3

situ tu promo Ther Therea eaft fter er,, the rema emain inin ing g two prop roposa osals, ls, namel ely, y, gran rant of  in si promotion tions s and

promotions on the basis of base cadre seniority, seniority, were presented in detail.

 

Basic features of the proposed in situ promotion scheme were detailed as under: •







In situ promotion to the Inspector with 10 years of regular service as Superintendent (in situ)   In situ promo promotion tion to the Superint Superintende endents nts with 20 years years of combined combined regular regular or in situ service as Inspector + Superintendent ( in situ), with three years service as Superintendent (regular or In situ) as Assistant Commissioner (in situ )  In situ promotion as Dy. Commissioner Commissioner (in situ) to Assistant Commissioner (in situ) after five years of service. Reserve category officers continue to enjoy benefits in promotion by special formulation.

3. 3.4 4 It was was state stated d that that the sch schem eme e doe does s not requ requir ire e creat creatio ion n of posts posts in Supe Superi rint nten ende dent nt or Assistant Commissioner grades, as the posts of Superintendent (in situ), Assistant Commissioner (in situ) and Dy. Commissioner Commissioner (in situ) are operated against the the regular regular sanctioned sanctioned strength strength in the grades of Inspector and Superintendent Superintendent respectively. respectively. Further, the Scheme would not have any functional problems since the officers would get in situ promotion in their personal capacity and continue to perform the duties of the lower grade. However, there would be a large number of  officer offi cers s with with the the design designati ation on of Assist Assistant ant Commis Commissio sione nerr an and d the the pos possib sibili ility ty of de deman mand d for regularization of in situ promotions at a later stage.

3.5 Un Unde derr the other other prop proposa osal, l, the prom promoti otions ons tto o Junior Junior Time Time Scale Scale of Grou Group p ‘A’ are prop propose osed d to be granted  granted  on the basis of the date of regular appointment in the grade of Inspector, making the date of promotion to Superintenden Superintendentt grade irrelevant. In this this proposal there would would be no need to have quota quota for three three feeder streams for promotion to Assistant Assistant Commissioner, Commissioner, as all direct recruit recruit  / regular promotee Inspectors Inspectors in one particular particular year would be promoted to JJTS TS in Group ‘A’ at the the same time.

3.6 Th The e Board Board was also also appris apprised ed the the positio position n in the ot othe herr depart departmen ments ts unde underr the Govern Governme ment nt of Indi India. a. It was in info form rmed ed tha thatt th the e in situ promo promoti tion ons s have have been been gran grante ted d in many many ot othe herr departme depa rtments nts under under Governm Government ent of India India , such as Cent Central ral Secretari Secretariat at Service, Service, Rajya Rajya Sabha Sabha Secretariat, Ministry of Health etc.

3. 3.7 7 It was was suggeste sted to the Boa oard rd that that the the schem cheme e for for gran rant of  in situ promo promotion tions s was preferable as it would provide immediate relief to the stagnating grades. In this context, it was brought to the notice of the Board that the DOP&T had informed that there were no specific guidelines for granting in situ promotions and that since MACP scheme was in force, the the in situ promotion scheme scheme could not be used. used. The Officers in Rajya Sabha Sabha Secretariat Secretariat informed that that since the in situ promotion scheme was working, MACP scheme was not used in their department. The Board was apprised that after implementation of  in situ promotion scheme, the MACP scheme would automatically become redundant .

3. 3.8 8 The The Boar Board d appr approv oved ed,, in prin princi cipl ple, e, the the Sche Scheme me for for gra grant nt of  of  in situ promotions to the Group  ‘B’ Executive officers. officers. The Board cre created ated a Group comprising comprising the the Member (Budget), (Budget), Member Member (P&V), DG (HRD), Joint Secretary (Administration) and ADG (HRM) to work out the modalities of the In situ Promotion Scheme. Scheme. The Group will submit submit their recommendation recommendation by 31.3.11.  [Action: JS (Admn) & DG (HRD)].

4.

Presentation No.03 by Commissioner (DPPR)

Issue in brief : Rough Cut of Documentary on Central Excise.  

4. 4.1 1 The The roug roughh-cu cutt of a docu docume ment ntar ary y film film on Cent Centra rall Exci Excise se was scree screene ned d by Com Commi miss ssio ione nerr (DPPR) and the Board suggested certain improvements therein.

[Action: Commr (DPPR)]

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09437314941 mail Id: [email protected] [email protected]   Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)   Ref. No. 64/Assn/12 Dt. 29.10.12

To, Ms. Praveen Mahajan, The Chairperson, CBEC,  North Block, New Delhi. Sub: Harassment to the officers & violation of transfer/posting policy.

Madam, Kindly refer to the meeting held with the Association on 15.03.12 (at the time of yourself being  

Member, P&V) as well as earlier meetings with the administration. 2. It is submitted with due regards that two of the points raised during the meeting/s were relating to the harassment harass ment to the officers & violation violation of transfer/p transfer/postin osting g policy. The administr administration ation was pleased pleased in every meeting to ask for the specific cases of harassment. Now as reported by the Chandigarh Unit, the specific cases relating to the Chandigarh Zone are brought to your kind notice inviting your kind attention to the communication dt. 03.09.12 of the Chandigarh Unit of the Association addressed to the worthy Chief  Commissioner (Chandigarh Zone) of Central Excise regarding victimisation of the officers/office bearers as well as the violation of transfer/posting policy. Even after so many deliberations of the Association with the worthy Chief Commissioner in the recent past, the administration was pleased not to pay any heed to the genuine points raised by the Association in r/o harassment as well as transfer/posting policy. In the letter dt. 03.09 03. 09.12 .12,, many many of the the cases cases re rela lati ting ng to mass mass ha hara rass ssme ment nt ba base sed d on pe pers rsona onall li liki king/ ng/di disl sliki iking ng by th thee administration were placed before the worthy Chief Commissioner showing that officers are being targeted intentionall intent ionally y just to cause them hardship hardship but without any redressal. redressal. Adamant attitude of the administr administration ation shows that they don’t want to redress the staff grievances. This is in gross violation of transfer policy as well as the Board instructions instructions circulated circulated vide F.No. B.12017/05/2008 B.12017/05/2008-Ad.IV -Ad.IV.A .A dt. 02.03.12 in r/o the revival revival of  the staff grievance redressal mechanism. As far as the violation of transfer/posting policy is concerned, it was decided deci ded in the meeting meeting of 15.0 15.03.12 3.12 that the necessary necessary direct direction ionss would would be issued issued to the zonal Chief  Chief  Commi Com missi ssioner onerss to follow follow the policy. policy. But very unfort unfortunat unately ely,, the policy policy is not being being follow followed ed in the Chandig Chan digarh arh Zone Zone and it has merely merely become become “pick “pick & choose choose policy policy”” based based on “pleas “pleasure ure mechan mechanism ism”” favouring the “liking type” of officers. No favouritism is warranted on the basis of “personal liking” in such matters in the present time of “total transparency”. Such “favouring tactics” merely points towards some vested interests and the circumstantial facts need to be looked in impartially for the sake of justice & fairness. Such favouritism may result into unfair practices causing any unwarranted incident any time. 3. The Association appreciates posting of the worthy Chief Commissioner in Chandigarh Zone in va vari rious ous po posi siti tion ons, s, i.e. i.e.,, AC AC,, ADC ADC & Comm Commis issi sione onerr at di diff ffer erent ent po poin ints ts of ti time me and now as Chie Chief  f  Commissioner. This gives a boost to to the expectations of staff for a smooth smooth and comfortable regime. But it is also equally true that the long stay enjoyed by him in the said zone has made many officers his favourable  based on “personal liking” whereas some others fall in his “disliking zone” as reported by Chandigarh Unit. As reported, this scenario has been developed due to very personal reasons. Some names that have been  badly hit by this disliking are S/Sh. Sunil Behl, V. S. Sekhon, K. D. S. Gujral, Anuj Sharma, Dilbag Rai, K. S. Nahar, R. S. Multani, Vijender Singh, D. R. Bhagat, Rakesh Bhargav, Gurdeep Singh, Ashok Sharma, Ajay Pahuja etc. etc. who have been deprived of their genuine needs only for the sole reported reason that they are not “favourable type” of officers for the worthy Chief Commissioner. Above list of cases show the harassing attitude of the administration due to the fact also that they are associated with the Association by one or other way. Medical grounds are not being considered and the transfer policy is not being followed. The transfer policy has merely become the “pleasure policy” as per the feedback given by the Chandigarh Unit. Even the serious compassionate grounds of the aggrieved officers are not being considered. The  personally disliked officers are forced to face “maximum inconvenience” while the personally liked officers are enjoing “maximum convenience” convenience” alongwith alongwith other benefits benefits like desired desired postings postings etc. Below are given a few eye-ope eye-openin ning g cases cases substa substanti ntiati ating ng the “pleas “pleasure ure policy policy”” based based on person personal al li likin king/d g/disl isliki iking ng and favouritism by the administration as reported by the Chandigarh Chan digarh Unit(A) The worst hit is Sh. K. D. S. Gujral who has been compelled to resign from his job as the worthy Chief Chi ef Commi Commissi ssioner oner straig straightw htway ay refuse refused d to conside consider/l r/list isten en his medica medicall ground grounds. s. He reques requested ted to be transferred to Chandigarh from Ludhiana one year ago on medical grounds but he was transferred to J&K  instead of Chandigarh ignoring his medical condition despite of the fact that he was under treatment in PGI, Chandigarh. Her wife is also serving in Chandigarh as a teacher who could be able to look after her ailing husband, if he was transferred to Chandigarh. But his grounds were not considered et al. As a result, he was forced to resign the job as his medical condition didn’t permit him to continue with his posting in J&K. Very unfort unf ortunat unately ely,, the admini administr strati ation on is not ready to listen listen “anythi “anything” ng” from from him. him. During During a meetin meeting g of the President of the Chandigarh Unit with the worthy Chief Commissioner, the worthy Chief Commissioner  clearly stated that he didn’t want to listen anything or see any medical reports, may be of PGI or AIIMS or  whatsoever. This is the height of the “apathy” that an officer can experience at the hand of administration.

This is totally inhumane and also against the principle of natural justice. The Association intends to pursue the matter with Human Rights Commission on this very sensitive and grave issue, if no remedy is made. It  

has also been reported that Sh. Gujral, in contrary to DOPT guidelines, is also not being permitted to get his  pension & other retirement benefits papers prepared at Chandigarh as he is unable to operate op erate to J&K due to his medical grounds. He is also not no t being allowed to see your goodself to submit his pains in person. (B) In yet another case; Sh. Anuj Sharma, who had honestly got his posting to J&K pre-poned by an year only for the sake of his son’s career, was denied posting to his home town even after lapse of crucial year despite of the fact that there was ample feasibility of his absorption in Patiala Division. It has been reported that he is also being harassed on account of personal disliking/displeasure. On another side, the favourite officers are being given desired postings and towns. As reported, one of the officers has been  posted to Patiala third time on the basis of “personal liking”. It has also been reported that the protocol officers of the worthy Chief Commissioner since the time of himself being AC are being rewarded in the matter of postings in violation of the transfer/posting policy ignoring all the norms. Such protocol type officers are enjoying the favour claiming it as a matter of right in lieu of the service rendered by them. 4. It is further submitted that we are peace loving people and believe in going hand-in-hand with the administrat admini stration. ion. The Association Association is made for the members members and strives for their sake only. If the Association Association fails on any front for the sole reason of non-cooperation non-cooperation from the administration administration,, we are bound to raise our  voice to the highest level in a democratic manner for the sake of up-keeping the integrity and prestige of the Association. This is the only reason that the Association has to approach your goodself for the sake of justice and the same is very much expected from an officer of your high calibre. 5. In view of the above, it is requested that a judicious view may kindly be taken on the issue by granting justice to the aggrieved officers and also direct the Chandigarh administration to revive the staff  grievance grieva nce redressal redressal mechanism mechanism as per Board instructions instructions circulated circulated vide F. No. B.12017/05/2 B.12017/05/2008-Ad. 008-Ad.IV.A IV.A dated 02.03.12. The feedback given by the Chandigarh Unit of the Association is enclosed herewith for  furt furthe herr det detail ails as Anne Annexu xurree-II to III III with with the reque equest st to enqu enquiire th thee mat atte terr as asce cerrta taiini ning ng the circumstances/reasons/interest/intention under which the officers are being favoured and disfavoured. Thanking you, Yours faithfully, Encls: Annexure I to III. (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 Mob. 09437314941 mail Id: [email protected]  [email protected]  Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)   Ref. No. 61/powers/12 Dt. 26.10.12  

To,

Ms. Praveen Mahajan, The Chairperson, CBEC,  North Block, New Delhi. Sub: Delegation of powers to SSB officials.

Madam,

 

Kindly refer to the letter F.No. 394/52/2009-Cus(AS) Dt. 11.09.12 on the above subject. 2. It is submitted with due regards that our Board is willing willing to impart training to the SSB officials under 

 

Customs Act, 1962 specially under Sec-100 to Sec-110 of it vide the above referred letter. It is well pertinent to mention that on one hand, our Board is not enhancing staff strength as per need on the Indo- Nepal Border  & other other places places just just sticki sticking ng to the existi existing ng str strengt ength h of the Superin Superinten tenden dents ts despit despitee of dealin dealing g with with trade/people trade/ people as well as combating combating smuggling activities activities between two most favoured favoured countries. countries. On the other  hand, Ministry of Home Affairs are very much keen to enhance their workforce on the border in the name of  trans-border terrorism (but couldn't even catch a fish). The same is the scenario in r/o other security agencies  posted in Customs areas. At Indo-Nepal Border area, they are only interfering in the trade goods as against the Indo-Nepal Trade & Treaty causing harm to Customs work as we are also assigned the job of preventive works along Indo-Nepal Border being the Land Customs officers. This has become the practice by the security agencies at every Customs area to interfere with the Customs work & Customs personnel. Recently, scuffle at the C. S. I. Airport, Sahar, Mumbai published in BITS column of the E.L.T Vol. 284:Part 3 dt. 15.10.12 is the glaring example of unwarranted interference by the security agency in the statutory duties  being discharged by the Customs officers under the Customs Act. 3. In view of the above, it is requested to intact the statutory objective of the Customs Act and to withdraw any move to dilute the powers of Customs officers in Customs bonded area by imparting the training to other agency without any statutory provision like by above referred letter. The statutory provisions of Customs Act can never be over ruled by any agency. The necessary steps may kindly be taken in the matter to intact the prestige & pride of the organisation in general and Superintendent cadre in particular by stopping the unwarranted interference of the foreign agencies in Customs work. The work of the other  agencies (including security agencies) should be limited to their function only without trespassing the powers of Customs officers. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS

President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 Mob. 09437314941 mail Id: [email protected]  [email protected]  Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)   Ref. No. 65/RO/12 Dt. 29.10.12

To, Ms. Praveen Mahajan, The Chairperson, CBEC,  North Block, New Delhi. Sub: Reports by Range offices.

Madam, It is submitted with due regards that, now-a-days, almost 84 types of reports are being processed &

complied at the Range level requiring verifications, investigations, compilation of information etc. including various types of miscellaneous works/reports sought by the higher formations over-burdening the Range  

office. The Range Officers are not having time to discharging statutory duties like scrutiny of returns, drafting of SCN/adjudication orders etc. on account of such reports/works. Earlier to 2008, many such works/investigations were being carried out by the Preventive wing of the Division offices. Due to the removal of Preventive units from the Division offices situated in the same place of Headquarters office, un bearable loads have been given to the Range Officers causing cau sing enormous problems as well as mental agony vis-a-vis also harming the official work. In view of the above, it is requested that the Preventive wings may kindly be re-instated at all the Divisi Div ision on office officess to stream streamlin linee the offici official al work work or some some alt altern ernati ative ve measur measures es may kindly kindly be taken taken accordingly. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE Secretary OFFICERS Address for communication: General:

President: Lokanath Mishra Mob. 09437314941

240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 66/A/12 Dt. 29.10.12 To, Sh. P. Chidambaram, The Hon’ble Finance Minister, Govt. of India, New Delhi. Sub: Protest week from 19.11.12 to 23.11.12-notice reg. Sir,

It is again submitted with due regards that our members are retiring after getting only one promotion in their service career on account of decades long acute stagnation. They are deprived of appropriate pay  

scale/pay scale/ pay band & grade grade pay. pay. They are facing facing the worst career career prospe prospects cts and workin working g condit condition ions. s. The employee grievance redressal mechanism has totally failed as the administration has no interest to redress the staff grievances. The members are forced to work under the extreme juniors of Customs belonging to the samee cadre. sam cadre. The cadre cadre restru restructu cturi ring ng is pending pending with with the government government for last 5 years. years. The concern concerned ed authorities are taking nothing seriously in relation of any of the issues. 2. In view the above, the Association is forced to decide to continue the Satyagraha programme. Accordingly, the notice is being served upon intimating that our members would observe protest week from 19.11.12 to 23.11.12 by wearing black badges, having “Shantigoshthis” in lunch hours and “pen down” in the afternoon of 23.11.12 throughout the country in a peaceful manner, if our demands are not taken care of  immediately. 3. The charter of the demands is enclosed herewith. Thanking you, Yours faithfully, Encl: Charter of demands. (RAVI MALIK), Secretary General. Copy with the request for necessary action a ction to1) The MOS, Department of Revenue, Ministry of Finance, North Block, New Delhi. 2) The Secretary, Department of Revenue, North Block, New Delhi. 3) The Chairperson, CBEC, North Block, New Delhi.

(RAVI MALIK).

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. 2. Parity with other counterparts either in the cadre restructuring or independent of it to retire our  officers in PB-4. 3. Immediate fulfilment of the commitments made during the presentation on cadre restructuring  proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11. 4. At least four functional promotions in the service career. 5. Immediate implementation of the Supreme Court verdict dt. 03.08.11/30.03.12 by framing “just, fair & equitable” recruitment rules and abiding all the ad hoc promotions with the same. 6. Time-scale in PB3 & direct promotion of Superintendent to senior group ‘A’. 7. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc. 8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the State Governments like Uttar Pradesh etc. or even on  better lines.

9. Finalisation of in-situ promotion scheme under consultation of the Association. 10. Counting of regular service in consonance of the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt.  

26.05.11 of CBEC. 11. Parity between the officers of headquarters organisations and field offices as recommended by the th 6 CPC in chapter 3.1 of its report. 12. Holding of regular minuted meetings under un der employee grievances redressal mechanism.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 mail Id: [email protected]  [email protected] 

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 68/A/12 Dt. 02.11.12 To, The Member (P&V), CBEC, North Block,  New Delhi. Sub: Protest week from 19.11.12 to 23.11.12-notice reg.

Sir,

Kindly refer to the Ref. No. 66/A/12 Dt. 29.10.12 of the Association. 2. It is again submitted with due regards that our members are retiring after getting only one  

promotion in their service career on account of decades long acute stagnation. They are deprived of  appropriate pay scale/pay band & grade pay . They are facing the worst career prospects and working conditions . The employee grievance redressal mechanism has totally failed as the administration has no interest to redress the staff grievances. The members are forced to work under the extreme juniors of  Customs belonging to the same cadre. The cadre restructuring is pending with the government for last 5 years. The concerned authorities are taking nothing seriously in relation of any of the issues. 3. In view the above, the Association is forced to decide to continue the Satyagraha programme. Accordingly, the notice is being served upon intimating that our members would observe protest week from 19.11.12 to 23.11.12 by wearing black badges, having “Shantigoshthis” in lunch hours and “pen down” in the afternoon of 23.11.12 throughout the country in a peaceful manner, if our demands are not taken care of  immediately. 4. The charter of the demands is enclosed herewith. 5. The next course of action will be intimated soon, if no redressal is made to our grievances. Thanking you, Yours faithfully,

Encl: Charter of demands. (RAVI MALIK), Secretary General. Copy with the request for necessary action a ction to1) The Hon’ble Finance Minister, Govt. of India, New Delhi. 1) The MOS, Department of Revenue, Ministry of Finance, North Block, New Delhi. 2) The Secretary, Department of Revenue, North Block, New Delhi. 3) The Chairperson, CBEC, North Block, New Delhi.

(RAVI MALIK).

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure-CBEC is neither replying the queries of DOPT nor opposing the cuts made by them . Approach is always changed with the change of authorities. No regular DG is being posted to HRD with sufficient time of service left. None of the DG worked there even for 1 year for last many postings. 2. Parity with other counterparts either in the cadre restructuring or independent of it to retire our  officers in PB-4-Our common entry counterparts are retiring in PB4 at the level of Commissioner/Joint Secretary. Even their pension is more than our salary. 1992 Examiners, 1992 Inspectors of Income Tax and 1997 Assistants have long back entered the group ‘A’ while our Inspector of 1975 is still waiting for the same. 1997 Assistants have long back entered the senior group ‘A’ instead of junior group ‘A’. 3. Immediate fulfilment of the commitments made during the presentation on cadre restructuring  proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11-(i)All the vacancies of cadre restructuring to be filled up by promotions & extend this benefit for more than 1 year, (ii) Creation of separate service for group ‘B’ executive officers, (iii) Promotion of group ‘B’ gazetted executive officer directly to STS like CSS, (iv) Audit teams to be headed by AC/DC, (v) Work load should be the basis of the reorganisation of Central Excise formations, (vi) Minimum qualifying service for promotion to gazetted post should be uniform for Inspector, PO &

Examiner, (vii) All Inspectors, PO’s & Examiners of same year should be brought to same level of  promotion etc.  

4. At least four functional promotions in the service career- Other common entry counterparts of  CSS, Income Tax, Customs etc. are already getting 5 to 6 promotions while we are retiring after getting single promotion in the service career of 35-40 years barring around 2% . 5. Immediate implementation of the Supreme Court verdict dt. 03.08.11/30.03.12 by framing “just, fair & equitable” recruitment rules and abiding all the ad hoc promotions with the same-The representations submitted by the Association on the issue have been paid no heed . “Just & fair representation” will never be possible by the revised rules and senior officers of Central Excise will continue to work under the junior officers of Customs recruited in the same cadre of Inspector. 6. Time-scale in PB3 & direct promotion of Superintendent to senior group ‘A’- Time scale after 4 years of service has been granted in PB3 to others including CSS while it is merely in PB2 for us . It was  granted so to CSS since 1996 while since 2006 to us in lower grade. Their gazetted officers including many others (Centre as well as State) are being promoted to senior group ‘A’ while ours merely to junior group ‘A’. 7. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale sca le to the other other analogou analogouss counter counterpar parts ts of IB, CBI etc.etc.-The They y were were gr grant anted ed the same same since since 1986 1986 alongwit alon gwith h group group ‘A’ status status. Th They ey ar aree defin defined ed as “analo “analogo gous us posts posts” ” wit with h us an and d the high power power committee formed for the purpose also admitted our parity with them. The recommendations of the 6 th CPC under para 7.15.24 are also not being implemented in this regard. 8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the State Governments like Uttar Pradesh etc. or even on  better lines-Our officers are getting a grade pay of Rs. 5400/- after 30 years or more (?) service under MACPS which they were able to get after 24 years under ACPS . State governments are granting  a grade pay of  Rs. 7600/- to their officers after less than 30 years of service without offsetting any MACP upgradation with time scale. The IIIrd MACP benefit is not being granted to our officers after 30 years of service, if they have become AC. The pay of seniors is not being stepped up despite of the  judgementt of Supreme  judgemen Supreme Court, Court, if they are forced to get get less salary salary than juniors juniors under ACPS/MACPS. ACPS/MACPS. 9. Finalisation of in-situ promotion scheme under consultation of the Association- The said scheme is not being finalised & implemented despite of the decision taken in the Board meeting of 12.01.11 . The scheme  ma may y kind kindly ly be form formul ulat ated ed & impl implem emen ente ted d unde underr cons consul ulta tati tion on with with the the As Asso soci ciat atio ion n immediately. 10. Counting of regular service in consonance of the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.11 of CBEC-The regular service of our common entry counterparts of CSS is being counted from the following 1st July of the year of the recruitment examination in the case of DR officers and from 1st July of the year of the preparation of the panel in the case of promotee officers . The orders for the same have not been implemented in our case despite of the decision taken on the issue.

11. Parity between the officers of headquarters organisations and field offices as recommended by the 6th CPC in chapter 3.1 of its report- The recommendations of the 6th CPC under chapter 3.1 are not being implemented. 12. Holding of regular minuted meetings under employee grievances redressal mechanism- The meetings are not being  held despite of the circular issued by the CBEC vide No. B. 12017/05/2008Ad.IV.A Dt. 18.01.10 and reiterated vide even number Dt. 02.03.12. The last meeting even at Board level was held in the month of March,12 and the minutes of the said meeting were also not recorded correctly. Neither the minutes of the meeting have been rectified nor the decision implemented till date even after expiry of more than 6 months despite of the repeated requests of the Association. It is also very unfortunate & disappointing that we are invited for the meeting only after the issuance of the notice for Satyagraha by the Association giving the mere impression that our own authorities don’t have time for us and also don’t want to redress our grievances.

(RAVI MALIK)

 

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09868816290 mail Id: [email protected]  [email protected] 

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 69/M/12 Dt. 02.11.12 To, The Member (P&V), CBEC, North Block,  New Delhi. Sub: Request seeking meeting to redress employee grievances.

Madam, Kindly refer to the Ref. No. 22/meet/12 Dt. 22.08.12 & 30/meet/12 Dt. 10.09.12 of the Association as

well as your letter No. 8/B/118/HRD(HRM)/2012 Dt. 04.10.12 and again Ref. No. 51/meet/12 Dt. 08.10.12 of the Association.  

It is again submitted with due regards that a full-fledged meeting with the Association was held on 15.03.12 under the chair of Member (P&V). A good number of positive decisions were taken during the meet me etin ing. g. Howe However ver,, the the de deci cisi sion onss we were re no nott re refl flect ected ed co corr rrec ectl tly y in th thee mi minut nutes es is issu sued ed vi vide de F. No No.. C. 30013/6/2012-Ad.IV.A Dt. 04.04.12. The action to be taken by the concerned authority/section on the decisions is still awaited. The brief details in r/o the meeting sought are, however, resubmitted as below1. Immediate approval of cadre restructuring without any cut: The necessary steps may kindly be taken for immediate approval of the cadre restructuring proposal without any cut as already approved by Expenditure. All the posts may kindly be approved on permanent basis and be filled in un-staggered manner only by promotions with no direct recruitment at group ‘A’ entry level at least for 5 years  particularly keeping in view the extraordinarily acute stagnation of the Superintendents/Inspectors of Central Excise. The stoppage of direct recruitment at group ‘A’ entry level will also protect the IRS (DR) stature. Drastic cuts have been made ignoring the minimum bare functional requirement (for 2010-11) without any link with stagnation. Now in the year 2012-13, the work-load has already increased at least by 80% on account of introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations including Seaports, LCSs etc. 2. Immediate re-framing of RR’s and regularization of all adhoc promotions: The new RR’s shall never be able to grant “just & fair representation” to Central Excise stream and are not acceptable to the Association. All the adhoc promotions may kindly be regularised based on “just & fair” RR’s as per the Apex Court verdict dt. 03.08.11 & 30.03.12 following the precedent of the regularisation of promotions since 1980 as per Apex Court verdict. It may also kindly be ascertained whether the promotions were regularised since 1980 on the previous occasion or since 1979 giving exc excess ess vaca vacancie nciess to the Apprais Appraiser er stre stream am. The regularisation since 1980/1979 is still incomplete because the provisions of extend panel were not applied to it. So, all the promotions since 1980/1979 1980 /1979 to till date may kindly be regulerised by framing “just & fair” RR’s and using the extended panel. 3. Notional Notional promotions: promotions: As far as the Supreme Court verdict is concerned, the Central Excise officers may kindly be granted notional promotions by creating supernumerary posts for the sake of “just & fair representation” considering that they are 2 decades behind their counterparts of Customs entered into the same cadre in same organisation through same recruitment process. Central Excise officers are forced to work under 17 years junior of Customs Examiner due to the discriminati discrimination on meted to them as also admitted admitted  by the CBEC in the Board meetings of 12.01.11 & 18.02.11. 4. DPC for financial year 2012-13: Immediate steps may kindly be taken to conduct the DPC for   promotion to Group ‘A’ from Group ‘B’ executive for the year 2012-13 particularly keeping in view the large scale monthly retirements retirements of the Central Excise Excise Superintendents without prom promotion. otion. If any dispute of  senior sen iority ity relati relating ng to any other other str stream eam is pendin pending, g, the DPC for the str stream eam/s /s (Centr (Central al Excise Excise/Cu /Custo stoms ms Superintendents) having no seniority dispute may kindly be conducted immediately. 5. Posting of Association functionaries: The main office bearers of the zonal units of the Associ Asso ciat atiion are are bei being tra rans nsffer errred to out outstat statio ions ns at so som me pl plac aces es inste nstead ad of pl plac aciing them hem at administrat admini strative/A ive/Associ ssociation ation headquarters. headquarters. By it, the staff welfare activities activities of the Association Association as well as the employ emp loyee ee grieva grievances nces redres redressal sal mechani mechanism sm is affect affected ed adverse adversely ly due to the delink delinking ing of Associ Associati ation on functionaries with the administration & staffside both. It is, therefore, requested that at least 3 office bearers (including Unit President and General Secretary) as per the request of the Association may kindly be retained at the headquarters office of the Association or administration in consonance of the letters No. 2/7/88-CS(IV) dt. 19.08.08 and No. 9/34/87-JCA dt. 08.03.88 both of DOPT. 6. Delay in vigilance/disciplinary cases: The prescribed time-frame in vigilance/disciplinary matters is not actually being observed in the field formations. The delay in such matters is posing great hardships  before the concerned officers whether relating to conducting of inquiry or taking decision on inquiry report or disposal of appeal or any other vigilance/disciplinary matter. It is requested that all of such cases may kindly be disposed of within the prescribed time-limit. 7. Meetings under the employee grievances redressal mechanism: The prescribed meetings under  the mechanism are not being conducted in the field formations despite of the clear directions of Board. The staff grievances are not being redressed due to the non-observance of such meetings despite of the reminder  from the Board. All the field formations as well as Board may kindly conduct such meetings at regular 

intervals with the staff Associations to revive the grievance redressal mechanism. 8. Non Functional Financial Upgradation (NFFU) to the Central Excise executive officers at par  

with the counterparts counterparts of CSS: The officers of organised group-A Services have been granted NFFU at par  with the IAS officers vide DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09. The officers recruited as the Inspector of Central Excise may also kindly be granted NFFU at par with their counterparts of CSS on  batch to batch basis enabling them to retire in PB4 too. The officers recruited as Assistant Grade get the  benefit of promotions/NFFU in the grade of- i) SO S O with GP of Rs. 4800/- & Rs. 5400/- in PB3 after 4 years of service, ii) US with GP of Rs. 6600/-, iii) DS with GP of Rs. 7600/-, iv) Director with GP of Rs. 8700/- in PB-4 and v) JS with GP of Rs. 10000/- on in-situ basis. But their counterparts recruited as Inspectors of  Central Excise through the same All India competitive examination get only one promotion in 35 years. Central Excise Superintendents has been granted the time scale in PB2 instead of PB3 without further 

 promotion as compared to their counterparts of CSS. 9. Use of extended panel to grant promotions: No extended panel was utilised at the time of the regu regula lari risa sati tion on of the the prom promot otio ions ns vide vide Noti Notifi fica cati tion on No. No. 30/ 30/20 2000 00 of CBEC CBEC is issu sued ed vi vide de F. No. A. 32012/8/2000-Ad.II(Pt.) Dt. 21.11.2000 of CBEC. The clarificatory DOPT OM No. 22011/4/98-Estt.(D) dt. 12.10.98 to DOPT OM No.22011/5/86-Estt. (D) dt. 10.4.89 says about the use of extended panel to benefit the in-service officers in lieu of the retired officers considered for DPC as the retired officers have no right for promotion. The CBEC should have prepared the extended panel to give the benefit of the promotions to our in-service officers at the time of the regularisation of the post-1979 promotions to implement the  judgement of the Hon’ble Supreme Court in its true spirit. The implementation of the judgement of the Hon’blee Supreme Court is incomplete for the want of the use of the extended panel. As a peculiar Hon’bl peculiar case, the earlier DPC/s may kindly be reviewed as a whole in a single lot for the period starting from 1980/1979 instead of making annual panels to give the maximum benefit of the extended panel to our extraordinarily stagnated officers. The same provisions may also kindly be applied in r/o of the DPC conducted in the month of June, 12 for promotion to the post of Asstt. Commissioner. 10.  Old points decided in the meeting of 15.03.12: The necessary steps as per the actual decisions of 15.03.12 meeting may kindly be taken as under: (i) Fulfillment of the commitments made during the presentation on cadre restructuring on 18.01.11: Actually, it was decided that the Association would submit separate representations regarding each issue. The representations have already been submitted by the Association, it is requested that the decisions on the same may kindly be taken at an early date. (ii) Immediate release of cadre restructuring posts without any cut: Under point No. 1 above. (iii) Minimisation of   litigations with staff: It was decided that the issues would be re-sent to the nodal departments with due recommendations. But it has been reflected in the minutes that the Association may su subm bmit it a repr repres esent entat atio ion n in su supp ppor ortt of the the ca case se.. The The Asso Associ ciat atio ion, n, ho howe wever ver,, ha hass al also so su subm bmit itte ted d th thee representations. Therefore, the issues may kindly be recommended and taken up with the nodal departments. (iv) Parity with counterparts either in the cadre restructuring or independent of it to retire our officers in PB-4: The ADG, HRD was directed to work out the formula to undo the discrimination but the same has not been reflected in the minutes. The immediate steps may kindly be taken in the matter keeping in view that our common entry counterparts are easily reaching the PB4. (v) Grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to wass decid decided ed that that th thee is issu suee woul would d again again be ta take ken n up wi with th th thee the other other analogo analogous us counterp counterparts arts:: It wa Department of Expenditure but the same has not been reflected in the minutes. It is requested that the matter  may kindly be recommended and taken up with the Expenditure Department. (vi) Implementation of para 7.15.24 of 6th CPC report: It was decided that the issue would be taken up with the Department of Expenditure but the same has not been reflected in the minutes. It is requested that the matter may kindly be recommended and taken up with the Expenditure. (vii) At least a grade pay of Rs. 6,600-/ & 7,600/- under MACPS after 20 & 30 years of service respectively respectiv ely to the officers after joining as Inspector, Inspector, if not got 3 functional functional promotions: It was decided that the issue would be taken up with DOPT but the same has been reflected in the minutes as to be examined to refer to DOPT. The matter may kindly be recommended & taken up with DOPT. (viii) (vi ii) Stron Strong g staff staff gr griev ievan ance cess re redr dress essal al mecha mechanis nism m in the form form of minu minuted ted meetin meetings gs at reg regul ular ar intervals: Covered under point No.7 above. (ix) Promotions against existing vacancies of AC: Covered under point No. 4 above.

(x) Harassment to the staff: The specific instances will be brought to the kind notice of Board. (xi) Independent HRD: It was decided that the necessary action to make independent HRD like CBDT may  

 be taken up stepwise but the same has not been reflected in the minutes. Necessary steps may, therefore, kindly be taken up accordingly. (xii) Grant of reward to the officers working in audit branches: The point was agreed but it has been reflected in the minutes that the specific proposal would need to be furnished. It is, therefore, requested that the necessary steps may kindly be taken as per the agreed decision at an early date. (xiii) Role of Inspectors in ACES: The point was agreed but it has been reflected in the minutes that the Association may furnish details. It is, therefore, requested that the necessary directions may kindly be issued to HRD to ascertain the role of Inspector in ACES. (xiv) Disparities in the pay structures of Superintendents and Inspectors in the Customs & Central Excise Settlement Commission deputation basis: Necessary awaited. (xv) In-situ promotions scheme:onCadre restructuring will not be action provedistostill solve the problem of stagnation. So, the proposal may kindly be revived considering the submissions of the Association. (xvi) Revised Recruitment Rules: Covered under point No. 2 above. (xvii (x vii)) Stepp Stepping ing up of pay pay of se seni niors ors,, if juni junior or is drawi drawing ng more more pay pay on accou account nt of AC ACP/ P/MAC MACP P upgradation/s: It was decided that the issue would again be taken up with the DOPT but it has been reflected that the Association would submit a representation. The Association has already submitted the various representations. The necessary steps may kindly be taken accordingly. (xviii) UDC/DOS MACP treatment: It was principally agreed but it has been reflected to be examined for  appropriate views. Necessary steps may kindly be taken as per the agreed decision at an early date. (xix) Wearing of uniform: The matter may kindly be expedited. (xx) Performance appraisal scheme: No comments. (xxi) Option for purchase of weapon: The necessary steps may kindly be taken at an early date. (xxii) Counting of regular service: The point was agreed but it has been shown as promotee vis-a-vis direct in the minutes. Necessary steps may kindly be taken as per the agreed decision at an early date and the instructions dt. 22.07.07 may kindly be made available to the Association. (xxiii) Renewal of the recognition: The point was agreed but it has been reflected in some other way in the minutes. The necessary steps may kindly be taken as per the agreed decision at an early date. (xxiv) Promotion of all Inspectors CE, PO’s & Examiners of one particular year to the same level: The  point was agreed but b ut there seems no progress in the matter. The necessary steps may kindly be taken as per  the agreed decision at an early date. Such proposal was also mentioned as under examination during the cadre restructuring presentation on 18.01.11 by CBEC. (xxv) Promoting all the Superintendents who have completed 1.5 times of qualifying service on the lines of CSS: The necessary steps may kindly be taken as per the agreed decision at an early date. (xxvi) Promotion of Group ‘B’ Gazetted Executive Officers directly to STS like CSS:  Necessary steps may kindly be taken as per the agreed decision at an early date. Such proposal was also mentioned as under 

formulation during the cadre restructuring presentation on 18.01.11 by CBEC. (xxvii) Creation of separate service on the lines of CSS: The point was agreed but in contrary manner in the minutes. Necessary steps may kindly be taken as per the agreed decision at an early date. Such proposal was also mentioned as under consideration during the cadre restructuring presentation on 18.01.11. The creation of the separate service on the lines of CSS etc. was also recommended by DOPM in its file F. No. 8/B/4/O&PM/2008 submitted to the Member (P&A) on 17.01.08 (vide letter F. No. 8/B/33/O&PM/2008 Dt. 06.05.08 of the Commissioner of DOPM). Further, the creation of the separate service on the lines of CSS etc. was also recommended by the Member (P&A) in F. No. 11013/67/2007-Ad IV of CBEC on 24.01.08. The direct IRS officers Association also recommended for the same. (xxviii) Transfer & posting: Necessary instructions may kindly be issued to the zonal authorities. (xxix) Powers of adjudication to Superintendents . Early steps may kindly be taken. (xxx) Abolition of Monitoring Committee Meetings for Audit: Specific instances of difficulty will be  brought to the kind notice of the Board. (xxxi) Free annual medical health check-ups: The point was agreed but there seems no progress in the matter. The necessary steps may kindly be taken as per the agreed decision. (xxxii) (xxx ii) Authori Authorisati sation on of premier premier private private hospita hospitals ls for medical medical care care and treatmen treatment: t: The point was agreed. The orders in the matter are still awaited.

(xxxiii) Centralised GPF account: May kindly be expedited with Expenditure. (xxxiv) (xxx iv) Arrear Arrearss of pay since 1986: 1986: It was decided that the issue would again be taken up with the  

Expenditure but the same has not been reflected reflected in the minutes. The necessary steps may kindly be taken as  per the agreed decision at an early date. The Board also issued the orders for the same under the signature of  then DS, Sh. Dharmveer Gupta, but the implementation of the same is still awaited. (xxxv) Seniority benefit on promotion to group ‘A’ in lieu of service rendered in group ‘B’:  Necessary steps may kindly be taken as per decision at an early date. (xxxvi) Non-functional Non-functional scale in PB3: It was decided that the issue would be taken up with the Expenditure  but the same has not been reflected in the minutes. It has been linked with MACPS while it is totally independent of MACPS. Necessary steps may kindly be taken as per the agreed decision. In view of the above, it is requested that a full fledged meeting may kindly be held under staff  grievance redressal mechanism to redress the above issues at an early date. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General. Copy with the request for necessary action a ction to1) The Hon’ble Finance Minister, Govt. of India, New Delhi. 1) The MOS, Department of Revenue, Ministry of Finance, North Block, New Delhi. 2) The Secretary, Department of Revenue, North Block, New Delhi. 3) The Chairperson, CBEC, North Block, New Delhi.

(RAVI MALIK).

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09437314941 mail Id: [email protected] [email protected]   Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 70/M/12

Dt. 02.11.12

To, The Secretary, Department of Revenue,  North Block, New Delhi. Sir,

Sub: Request for appointment.

Kindly refer to the Ref. No. 47/12 Dt. 23.04.12, Ref. No. 75/12 Dt. 05.06.12, Ref. No. 46/M/12 Dt. 26.09.12, Ref. No. 60/M/12 Dt. 25.10.12 etc. of the Association.

It is submitted with due regards that our officers are retiring after getting only one promotion in their  service career on account of decades long acute stagnation. These officers are forced to work under their  extreme juniors (17 years admitted by CBEC). Not only it, these officers are also being discriminated in the  

 pay scale, time scale & MACPS. They are facing the worst career prospects and working conditions. The cadre restructuring is pending with the government for last 5 years. It is, therefore, requested that the Association may kindly be granted an appointment to make the due submissions in r/o the following points1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. 2. Parity with common entry counterparts either in the cadre restructuring or independent of it to retire our officers in PB-4. 3. Frami Framing ng of “just, “just, fair & equita equitable ble”” recrui recruitme tment nt rules rules as per the Supreme Supreme Court Court verdic verdictt dt. 03.08.11/30.03.12. th

4. grade paypay of Rs. 5,400/in PB3 & implementation of para 7.15.24 of 6 CPC report. 5. Initial At least a grade of Rs. 6,600-/ & 7,600/on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the S State tate Governments like Uttar Pradesh etc. 6. Non-functional scale in PB3.   Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President:

Address for communication:

Secretary General:

Lokanath Mishra 240, mail Razapur, Ghaziabad-201001 (U.P.)   Malik  Id: [email protected]  [email protected] 09868816290 Mob. 09437314941 Mob.Ravi Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 72/H/12

Dt. 05.11.12

To, The Member (P&V), CBEC, New Block,  New Delhi Sub: Harassment of office bearers and other officers in Chandigarh Zone. Madam, Kindly refer to the discussions held during the meet meeting ing of 02.11.12 02.11.12,,  Ref. No. 64/Assn/12 Dt. 29.10.12 & point No. 5 & 10 (x) of the Ref. No. 69/M/12 Dt. 02.11.12 (handed over & discussed with your goodself on 02.11.12) of the Association. Your goodself was pleased to ask for the specific cases of 

harassment of the officers. The specific cases in r/o Chandigarh Zone are, therefore, submitted in brief as  below with the request to grant the due justice to the officers 

 

1) Sh Gurdeep Singh (Candidate for General Secretary): Secretary): During 2010-11, he was posted as Superintendent (Law) (La w) at Jammu. Jammu. Since he was well conversan conversantt with with the CAAP procedu procedure re of audit, audit, he was speciall specially y requested by the Administration to guide the audit staff to conduct audit as per CAAP norms, for which he had to accompany the audit parties in the field. It is pertinent to mention that besides handling efficiently one of the heaviest law branch in the entire Zone, he put his best efforts in conducting audit as per CAAP norms and thus helped the administration. During the AGT of 2011, he was posted in the audit branch (field) of  Chandigarh-II Commissionerate. Astonishingly in the AGT of 2012, he has been posted to a table seat, i.e., Audit Planning Cell, on the ground that he has completed two years in the field. Surprisingly his helping the administration in conducting CAAP audit has been counted as field posting and his handling of the heavy law

 branch has been totally It appears that he for hasthe been forSecretary. participating in the democratic  process by contesting theignored. election of the Association postpenalised of General 2) Sh. Rakesh Bhargava ( Joint Secretary, Ludhiana ): Bein Being g CAAP CAAP train trained ed offi office cer, r, he was was also also trea treate ted d the same way as explained above in the case of Sh. Gurdeep Singh. 3) Sh. D.R.Bhagat D.R.Bhagat ( Vice President, Jammu): Jammu): While posted in Jammu on table seat during the year 2011-12, he was also entrusted some additional work relating to Audit of the Units from time to time as per the exigencies of the Administration. During the AGT, 2012 he has been penalised for no fault of his by again  posting him to a table seat on the ground that he had performed some field duties last year while posted on table seat. He has been projected as he had conducted the audit of the units on his own without the approval of concerned authorities. authorities. This is really an insult insult to a discipline disciplined d and obedient officer. Instead Instead of rewarding him for performing extra duties he has been humiliated beyond tolerance. 4) Sh. K.S.Nahar (Ex. Branch Secretary, Sangrur ): ): Though the administrati administration on was kind enough to transfer  him from Chandigarh-II Commissionerate ( Sangrur ) to Central Excise Commissionerate Ludhiana but his  problem has not been solved. He is about to retire within one year. Instead of posting him to Ludhiana Lud hiana proper  he has been further posted to Division Phagwara, which is as far from Ludhiana as Sangrur. This is contrary to the guidelines issued by the DOPT in respect of retiring Govt. Officials. It is humbly submitted that his reques req uestt for posting posting to Ludhia Ludhiana na may be conside considered red sympath sympatheti eticall cally, y, so that that he can fulfil fulfil his pending pending liabilities efficiently. 5) Sh. R.S.Multani (Vice President, Chandigarh –II  ): He has been transferred from Bathinda Range to (HQ) Chandigah –II (Review Branch). He had completed only one year in field but has been given table seat. Some anti-association elements are taking full credit publically for having him shifted prematurely on the  basis of a false and frivolous complaint lodged against him by using some ex-employee of a unit. It is humiliatin humil iating g as well as cause of embarrassment embarrassment and mental mental agony to him. Though he doesn’t want any field field  posting but in the given circumstances, he should be given field posting to send right signal towards the elements hostile to the Association. 6) Sh Anuj Sharma ( Joint  Joint Secretary Chandigarh-II  ): While posted in Patiala Division; he opted for his  posting to J&K by preponing it by one year, so that he could be with his family during the crucial year of the academic career of his children hoping that he would return back to Patiala after completing one year stay in Jammu. In the AGT 2011, he was not posted to Patiala but to HQ (Audit) Chandigarh-II. His Request for   posting to Patiala has not been considered this year too. In the interest of justice, it is requested that his request for posting to Patiala being genuine g enuine may be considered sympathetically. 7) Sh Vijender Singh ( Branch  Branch Secretary, Ropar Division): Division): He has been transferred from Machhiwara Range (Ropar (Ro par)) to HQ (Law) (Law) Chandi Chandigar garh-I h-III without without completi completing ng his norma normall stay stay eit either her in the Range or in the Division. He had requested for inter- Commissionerate transfer to Amritsar and not for HQ Chandigarh. His fami family ly is sett settle led d in Am Amri rits tsar ar wher wheree his his pres presen ence ce is de desp sper erat atel ely y re requ quir ired ed du duee to ce cert rtai ain n compe compell llin ing g circumstances. Instead of accommodating him in the Amritsar Customs, he has been punished by pushing him farther by 50 Km from his residence. 8)  Sh. Ashok Sharma ( Returning  Returning Officer to conduct elections): elections): His long leave is to be finalised pending with the CCU. On being pursued pursued by the Association, Association, the same was not done so far whereas in the meetings with CC, every time an assurance was given that “it is not issue, it will be done without further delay”. 2. Apart from the above list of cases, other officers viz. S/Sh. Behl, V.S. Sekhon, Pahuja and Dilbag Rai were also harassed only because they they were not of the “type” of officers whom the administrati administration on likes. It is the height of thinking that the first three officers were transferred to Ludhiana and thereafter, DO

letters were written to the concerned Commissioner to give them punishment posting whereas this is the field of the Commissioner only. The Chief Commissioner should have no concern for their further posting. Sh  

Dilbag Rai requested for his transfer to Ludhiana. Transfer/Posting committee had cleared his name as came to know from the report submitted by the department in the court but due to the same reason his name was removed remove d from the list. From such incid incidents, ents, it appears that that we are working working in such department where where no officer is answerable to anyone except Superintendent and Inspectors. The case of the current President ( Sh. A.K.Sharma) and General Secretary (Sh. Boota Singh) has already been brought to the kind notice of the administration vide Ref. No. 49/Assn/12 Dt. 28.09.12 of the Association. 3. It is very unfortunate that the administration of Chandigarh Zone is giving no consideration to the transfer/post transfer/posting ing policy. The genuin genuinee compassionat compassionatee grounds grounds are not being considered. considered. Only “pick & choose choo se policy policy”” based based on “pleas “pleasure ure mechani mechanism” sm” is being being follow followed. ed. The office officers rs associ associate ated d with with the Association victimisedfacts & harassed intentionally. things merely towards vested interests andare thebeing circumstantial need to be investigatedSuch impartially for the point sake of justicesome & fairness. The Association is forced to approach to your goodself as the Chandigarh administration is adamant not to listen the Chandigarh Unit of the Association. Your kind & iimmediate mmediate intervention in the matter is, therefore, very much required not only as the Member (P&V) but also as the Zonal Member in charge. 4. In view of the above, it is very much requested requested that all the officers including including the Associati Association on functionaries may kindly be granted justice by considering their cases in a sympathetic manner and they may  be posted as per their requests. Such type of steps, as adopted by the Chandigarh administration, only o nly give rise to unwarranted litigations and craete the feeling of acute dissatisfaction among the staff. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President:

Address for communication:

Secretary General:

Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Malik  mail Id: [email protected]  [email protected]   09868816290 Mob. 09437314941 Mob.Ravi Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 74/U/12

Dt. 07.11.12

To, The Member (P&V), CBEC, New Block,  New Delhi Sub: Upgradation.

Madam, Kindly refer to the discussions held during the meeting of 02.11.12. 2. It is again submitted submitted with due regards regards that there was an agreement to adopt upgradation upgradation as one of  the measur measures es to remove remove the extrao extraordi rdinar narily ily acute acute stagna stagnatio tion n of the Superin Superinten tenden dents ts of Central Central Excise Excise

independent of cadre restructuring. It was agreed that the upgradation of the Superintendents, who are already drawing the grade pay of Rs. 5400/-, to the post of Asstt. Commissioner would be expenditure free.  

In view of the agreement, it is requested that all the Superintendents already drawing a grade pay of Rs. 5400/- may kindly be upgraded as Asstt. Commissioner. 3. Keeping in view that the promotion from Asstt. Commissioner to Deputy Commissioner is a time scale promotion instead of functional one, it is also requested that all the Superintendents drawing a grade  pay of Rs. 5400/- for more than 4 years may kindly be upgraded as Deputy Commissioner. 4. As an alte altern rnat ativ ivee an and d to draw draw a de dema marc rcat atio ion n on th thee ba basi siss of th thee le leng ngth th of se serv rvic ice, e, al alll Superintendents with a combined length (Inspector+Superintendent) of 20 years of service and already drawing a grade pay of Rs. 5400/- may kindly be upgraded as Asstt. Commissioner. No need to say that it would again be an expenditure neutral neutral process. Like that, all Superintende Superintendents nts with a combined combined length of 24 years of servicetomay kindly be upgradedisasa Deputy Commissioner because thebe promotion from Asstt.a Commissioner Deputy Commissioner time scale promotion. It will also the process having negligible expenditure as many of such officers are already drawing a grade pay of Rs. 6600/- on account of  IIIrd MACP upgradation vs. their Inter-Commissionerate service being counted under und er MACPS. 5. In view of the above, it is requested that the Superintendents of Central Excise may kindly be upgraded to the higher posts accordingly independent of cadre restructuring/in-situ promotions scheme/any other measure to remove their extraordinarily acute stagnation. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General. Copy with the request for necessary action a ction to: 1) The DG, HRD, HRD, CBEC, CBEC, New Delhi. Delhi. 2) The ADG, ADG, HRD HRD (HRM) (HRM),, CBEC, CBEC, New New Delhi. Delhi.

(RAVI MALIK)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President:

Address for communication:

Secretary General:

Lokanath Mishra 240, mail Razapur, Ghaziabad-201001 (U.P.)   Malik  Id: [email protected] [email protected]  09868816290 Mob. 09437314941 Mob.Ravi Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 76/M/12

Dt. 22.11.12 REMINDER 

To, The Secretary, Department of Revenue,  North Block, New Delhi. Sub: Request for appointment.

Sir, Kindly refer to thei) Ref. No. 47/12 Dt. 23.04.12,

ii) Ref. No. 75/12 Dt. 05.06.12, iii) Ref. No. 46/M/12 Dt. 26.09.12,  

iv) Ref. No. 60/M/12 Dt. 25.10.12, v) Ref. No. 70/M/12 Dt. 02.11.12 02.11 .12 etc. of the Association. 2. It is submitted with due regards that our officers are retiring after getting only one promotion in their service career on account of decades long acute stagnation. These officers are forced to work under their  extreme juniors (17 years admitted by CBEC). Not only it, these officers are also being discriminated in the  pay scale, time scale & MACPS. They are facing the worst career prospects and working conditions. The cadre restructuring is pending with the government for last 5 years. It is, therefore, requested that the Association may kindly be granted an appointment to make the due submissions in r/o the following points1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. 2. Parity with common entry counterparts either in the cadre restructuring or independent of it to retire our officers in PB-4. 3. Frami Framing ng of “just, “just, fair & equita equitable ble”” recrui recruitme tment nt rules rules as per the Supreme Supreme Court Court verdic verdictt dt. 03.08.11/30.03.12. 4. Initial grade pay of Rs. 5,400/- in PB3 & implementation of para 7.15.24 of 6th CPC report. 5. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the S State tate Governments like Uttar Pradesh etc. 6. Non-functional scale in PB3.   Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General. Copy with the request for necessary action a ction to: The Cabinet Secretary, Govt. of India, New Delhi.

(RAVI MALIK)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President:

Address for communication:

Secretary General:

Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Malik  mail Id: [email protected]  [email protected]   09868816290 Mob. 09437314941 Mob.Ravi Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 78/M/12

Dt. 23.11.12

To, The Member (P&V), CBEC, New Block,  New Delhi. Sub: Meeting of 02.11.12.

Madam, Kindly refer to the meeting of 02.11.12 as well as the letter F. No. 8/B/139/HRD (HRM)/2012 Dt. 14.11.12 of CBEC. 2. It is submitted with due regards that only 3 issues were mentioned in the above referred letter of 

CBEC. No mention has been made about the remedies to be taken to undo the extraordinarily acute stagna sta gnatio tion n of group group ‘B’ executive executive office officers rs and grant grant them parity parity with with the common common entry entry coun counter terpar parts ts  

alongwith other issues. It is worth to mention that 1987 Assistant of CSS has become Deputy Secretary (equivalent to our Joint Commissioner) and 1985 Assistant of Rajya Sabha Secretariat has become Director  (equivalent to our Addl. Commissioner) in consonance of the   DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09. 3. As far as the reply to the queries of DOPT in r/o the cadre restructuring is concerned, the same is  pending with the CBEC for more than 3 months despite of the reminder from DOPT. 4. The minutes of the meeting are still awaited even after the expiry of 3 weeks. As far as the meetings under the employees grievances redressal mechanism are concerned, the meetings are required to  be held at bimonthly intervals (extendable by 1 month only) but the above referred letter says that the meeting5.would be held the month of March, 12will (after expiry 4 months). In view of theinabove, the Association Associat ion review theofsituation on 02.12.12 and decide the further  course of action. If non-serious attitude of the CBEC in r/o the career prospects of the group ‘B’ executive officers is not changed, the Association will be forced to implement the further course of action in the month of February, 12. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Lokanath Mishra Mob. 09437314941

Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected]  [email protected] 

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)

Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 80/A/12 Dt. 29.11.12 To, The Under Secretary, Ad IV, CBEC, Hudco Vishala Building, Bhikaji Cama Place, New Delhi. Sub: Renewal of recognition. Sir, As asked, the list of the office bearers of the Association is submitted as below: i) President- Sh. Lokanath Mishra.

ii) Secretary General- Sh. Ravi Malik. iii) Vice Presidents- (Central) S/Sh. Sampat Rai & Vatan Kamble; (North) S/Sh. Anurag Chaudhary  

& Ravi Joshi; (South) S/Sh. A. Ravinder Singh & Rajan G. George; (East) S/Sh. A. S. Roy & Shubhrangshu Deb; (West) S/Sh. P. D. Nimhan & S. K. Jha. iv) Joint Secretaries- (Central) S/Sh. Anand Kishore & Laxmi Lal Singhvi; (North) S/Sh. N. N. Lal & R. K. Solanki; (South) S/Sh. G. Srinath & S. Chandrasekar; (East) S/Sh. Ashwini Majhi & V. N. Jha; (West) S/Sh. G. K. Jhala & M. K. Misra. v) Office Secretary- Sh. C. S. Sharma. Sh arma. vi) Treasure- Sh. N. R. Manda. 2. The copy of the audit report and the list of the members are also enclosed herewith. Thanking you, Yours faithfully, Encls: As above. (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09437314941 mail Id: [email protected] [email protected]   Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 81/M/12

Dt. 03.12.12

To, The Secretary, Department of Revenue,  North Block, New Delhi. Delhi. Sir,

Sub: Staff grievances.

The following points are submitted for your kind consideration to grant justice to the Central Excise executive officers-

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure: The necessary steps may kindly be taken for immediate implementation of the cadre restructuring in time-bound manner without any cut as already approved by Expenditure. All the posts may kindly be filled on  

 permanent basis in an an un-staggered m manner  anner  only by promotions with no direct recruitment at group ‘A’ entry level at lea least for for 5 yea ears rs part partic icu ula larl rly y kee keepin ing g in vie iew w the the extra xtrao ordin rdinar ariily acu cutte st stag agna nati tio on of the the Superintendents/Inspectors of Central Excise who are retiring with only one promotion in their service career   barring 1.67%. Drastic cuts have been made on the cadre restructuring proposal ignoring the minimum bare functional requirement even after approval by Expenditure without paying any heed to the acute stagnation of our  officers. Now in the year 2012-13, the work-load in CBEC has already increased at least by 80% on account of  introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations including Seaports, LCSs etc. as compared to the projection made in the current cadre restructuring proposal prepared in the year 2010-11. In last 3 decades, only 2 cadre restructurings have happened in the CBEC while, as per norms, at least 6 cadre restructurings should have been happened. Even after the last cadre restructuring of 2002, two cadre restructurings should have been happened till date. 2. Parity with common entry counterparts either in the cadre restructuring or independent of it to retire our officers in PB-4: The IRS officers of CBEC were granted parity with the common entry counterparts of CBDT in last cadre restructuring and are going to get it with other better placed common entry group ‘A’ counterparts in the ongoing one alongwith the creation of posts in the higher pay scales. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise Superintendents. The Assistants in CSS & Rajya Sabha   etc. are reaching the level of Joint Secretary. A good number of posts of Joint Secretary have been kept intact for CSS in their latest cadre restructuring. Even 1985 Assistant of Rajya Sabha has already reached the level of Director and 1987 Assistant of CSS has reached the level of Deputy Secretary while our Inspector of 1987 is still waiting to be promoted to the group ‘B’ gazetted post of Superintendent. In CBDT, the Inspectors are reaching the level of Commissioner. Even in our own organization, the Examiners are reaching the level of Addl. Commissioner. Thus, our analogous counterparts are retiring in PB-4 while our  officers entering the job as Inspector are retiring in PB-2. Even the pension of our counterparts is more than our  salaries due to such gross discrimination and we are also at the loss of irreparable social respect. It is, therefore, requested that our officers should also be retired in PB-4 by grant of parity with other counterparts adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service or any other specific measure/s. It is also worth to submit that 1992 Examiners in CBEC, 1992 Inspectors of Income Tax have long back entered the group ‘A’ while our Inspector of 1975 is still waiting for the same. The 1997 Assistants of CSS have long back entered the senior group ‘A’. Even after ongoing cadre restructuring, our  Inspector of 1979 only will be able to enter junior group ‘A’ and will retire at same level. 3. Framing of “just, fair & equitable” recruitment rules as per the Supreme Court verdict dt. 03.08.11/30.03.12: The new RR’s framed by the CBEC shall never be able to grant “just & fair representation” to Central Excise stream as directed by the Hon’ble Supreme Court under the verdict given in C.W.P. 385/10 and the same are never acceptable to the Association. It is requested that the RR’s may kindly be framed to ascertain  parity in promotions promotions with the other common entry counterparts instead of being based on any ratio and all the adhoc promotions may kindly be regularised based on “just & fair” RR’s as per the Apex Court verdict. No ratio will be able to grant “just & fair representation” to Central Excise stream as the officers of other streams recruited in the same cadre are already ahead of them. The Central Excise Superintendents entering the job as Inspector are retiring only after single promotion in the service career of 35-40 years and forced to work under their extreme  juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation of CBEC under the same department of Revenue of the same Ministry of Finance. The single cadre of Inspector  has been trifurcated into 3 sub-categories in absolutely unjustifiable manner, i.e., Inspector (Central Excise & Land Customs), Preventive Officer (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendentt (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively Superintenden re-merging at group ‘A’ entry level. This places the officers entering the job as Inspector (Central Excise & Land Customs) decades behind the Examiners (admitted by CBEC vide its meetings dt. 12.01.11 and 18.02.11) due to the discriminatory rate of promotion and faulty recruitment rules. The ongoing   cadre restructuring will also be insufficient to remove the acute stagnation of the totally demoralized Central Excise officers as also admitted by CBEC in its meeting dt. 12.01.11. CBEC already has more than 9000 Group ‘B’ officers who have put in more than 25 years of service and got only one functional promotion. MACPS is also unable to undo the gross injustice as these officers are able to get the grade pay of next promotion only in Junior Time Scale after 30 years of  service. RR’s may, therefore, kindly be framed in consonance of the  DOPT OM No. AB-14017/61/2008-Estt. (RR) dt. 24.03.09 (not being followed by CBEC) in the following manner without any trifurcation of the cadre at Inspector or Superintendent Superintendent level:

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector. (ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector (There is no  

 justification of promoting an officer from a grade pay of Rs. 5,400/- to Rs. 5,400/- only. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a post with a grade pay of  Rs. 6600/- instead of Rs. 5400/- in Central as well as State governments.). (iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector. (iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector. (v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector. (vi) 23 years for promotion to the HAG after joining as Inspector. (vii) 24 years for promotion to the HAG + Scale after joining as Inspector. (viii) 26 years for promotion to the HAG Apex Scale after joining as Inspector. (ix) 27 years for promotion to the HAG + Apex Scale after joining as Inspector.   Kee Keepi ping ng in view view the extrao extraordi rdinar narily ily acute acute stagna stagnatio tion n of the Centra Centrall Excise Excise execut executive ive office officers rs (Superint (Supe rintende endents/ nts/Inspe Inspector ctors), s), there there should should kindly kindly be incorpora incorporated ted the permanent permanent provisions provisions in the RR’s in addition to the above qualifying qualifying services services at every level to promote the officer automatically automatically to to the next higher  grade, if his/her stagnation in a grade reaches one & half times of qualifying service. 4. Initial grade pay of Rs. 5,400/- in PB3 & implementation of para 7.15.24 of 6 th CPC report: Our  analogous counterparts of CBI, IB etc. have already been granted group ‘A’ status as well as pay scale. The High Power Committee formed by the then Finance Minister for the purpose of enhancement of our pay scale at par  with above analogous counterparts very well accepted our well established parity with them but couldn’t grant us the equivalent pay scale saying that the Appraisers in CBEC are also directly recruited by UPSC and our next  promotional post also draws the pay scale of group ‘A’. In this regard, it is well pertinent to mention that the direct recruitment of Appraisers has already been stopped since 2002 as per the cabinet decision. decision. As far as the pay scale of our promotional post is concerned, this problem can be solved by promoting our officers directly to a senior group ‘A’ post like the most of the other group ‘B’ gazetted officers of the Central as well as State Governments. It is also well pertinent to mention that the group ‘B’ gazetted officers in the State Governments are already drawing the pay scale of junior group ‘A’ officers. Under the para7.15.24, 6 th CPC has recommended that the established parity of the Superintendent of Central Excise with the Chief Enforcement Officer (under the same department of Revenue) should be maintained. The Chief Enforcement Officers were placed under the pay scale of Rs. 7500-12000/- since 01.01.96 and under a pay scale of Rs. 8000-13500/- re-designating them as Asstt. Director in 2005. It is, therefore, requested that the Superintendents of Central Excise may also kindly be granted a grade grade pay of Rs. 5,400/5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equi pay/equivale valent nt pay scale to other  other  analogous counterparts. counterparts. It is also worth to submit that there is also no justification in keeping a mere difference of  Rs. 200/- between the existing grade pay of the supervising officer (Superintendent) and supervised officer  (Inspector) while it is at least Rs. 2000/- between other posts or even more at higher levels. 5. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the State Governments like Uttar Pradesh etc.: Our officers are able to get a grade pay of Rs. 5400/- only in PB-3 after a service of 30 years under MACP scheme which they were getting after 24 years of service under ACP scheme. It is also well pertinent to submit that the officers of other organisations, who got the benefit of IInd ACP upgradation, are already getting a grade  pay of Rs. 7600/- after 30 years as per the DOPT OM No. 35034/3/2008-Estt. 35034/3/2008-Estt. (D) Dt. 09.09.10. Our officers, who have fortunately got IInd promotion (only a few), are not being granted the benefit of MACP upgradation after 30 years of service while their juniors, who are working as Superintend Superintendents ents after completion of 30 years and got IInd ACP upgradation, are getting higher grade pay than them. Even more discriminating discriminating is that our officers have been granted a time scale in PB-2 after 4 years of service and others have been granted this time scale in PB-3. Furthermore, one MACP upgradation upgradation has been offset with time scale. Not only it, the grade pays of Rs. 5400/- has  been classified in two categories without a difference of even a single penny, one in PB-2 and another in PB-3, without any justification. Actually, all the group “B’ officers should have been granted a time scale in PB-3 after  4 years of service and next MACP upgradations at least in the grade pays of Rs. 6600/- and Rs. 7600/- after 20 & 30 years of service respectively without offsetting it with the time scale for the sake of complete justice, equity and uniformity as is being done in CPWD. It has very well been done by Uttar Pradesh government also and they have granted granted IIIrd MACP upgradation upgradation to their employees employees merely merely after after 26 years of service. It is, therefore therefore,, requested that our officers should also be granted a time scale in PB-3 after 4 years of service and the grade pays of at least Rs. 6600/- and Rs. 7600/- respectively on IInd and IIIrd MACP upgradation. 6. Non-functional Non-functional scale in PB3 and promotion promotion to a STS post: As submitted in the preceding para, our  group ‘B’ gazetted officers have been granted a time scale in PB-2 after completio completion n of 4 years of service while the

officers of other departments are being granted this benefit in PB-3 barring the Revenue and Postal Departments. This is an anomalous situation situation giving rise to the disparity. Officers of equal rank and status of the Department of   

Revenue working in CBEC have not been treated at par with those officers of equal status and rank belonging to the Central Secretariat Service working in headquarters offices despite of 6 th CPC recommendations recommendations for the equal treatment to Hqrs and field officers vide chapter 3.1 of its report. Due to this anomalous situation, an officer   joining as the Inspector of Central Excise will be able to get merely a grade pay of Rs.5400/- after completion of  30 or even more years of service which he was able to get only after 24 years under old scheme of ACP. His common entry counterparts of CSS are able to get higher grade pay of Rs. 6600/- in comparison of Rs. 5400/under MACPS after completion of 30 years of service and even a grade pay of Rs. 7600/- in many cases. The reason of this serious disparity is that the group ‘B’ gazetted officers of CSS & CSSS under the same organization of CBEC are being promoted directly to a post with the grade pay of Rs. 6600/- while the group ‘B’ gazetted officers of field formations are being promoted merely to a post with the grade pay of Rs. 5400/-. This anomaly also needs an immediate remedy by promoting the group ‘B’ gazetted officers of field formations also directly to a post with the grade pay of Rs. 6600/- like Hqrs offices. It is, therefore, requested that the Superintendents of  Central Excise completing 4 years of service may also kindly be granted such benefit in PB-3 to undo the discrimination discriminatio n w.e.f. 01.01.96 and also promoted to a STS post like the officers of CSS & CSSS. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General. Copy with the request for necessary action to: The Cabinet Secretary, Govt. of India, New Delhi.

(RAVI MALIK)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  [email protected]   mail Id: [email protected] Mob. 09868816290 Mob. 09437314941 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 82/M/12

Dt. 03.12.12

To, Dr Manmohan Singh, The Hon’ble Prime Minister of India, South Block, New Delhi. Sub: Request for appointment.

Sir, It is submitted with due regards that our officers are not only retiring merely with a single promotion

in their service career on account of decades long acute stagnation but also forced to work under their  extreme juniors belonging to the same cadre while our common entry counterparts are able to get 5 to 6  promotions. Not only it, our officers are also being discriminated in the matters of pay scale, time scale &  

MACPS etc. They are facing the worst career prospects and working conditions despite of earning the major   portion of Govt. revenue in the form of Central Excise duty, Customs duty & Service Tax. The Association is not getting appointment from the Hon’ble Finance Minister despite of its repeated efforts. It is really not understood as to how our job-dissatisfied officers would be able to give their 100% in the forthcoming GST era. It is, therefore, requested that the Association may kindly be granted an appointment to make the due submissions in person before your Highness during your visit to Punjab Agricultural University in Ludhiana. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09437314941 mail Id: [email protected] [email protected]   Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 83/A/12 Dt. 05.12.12 To, The Chief Commissioner (Visakhapatnam/Hyderabad Zone), Central Excise, Visakhapatnam/Hyderabad. Sub: Reviewing/re-framing of transfer/posting policy in r/o Superintendents.

Sir, It is submitted with due regards that the elections to the Vizag Unit of the Association are due and

would be conducted very soon under the observer from the All India Body. It is, therefore, requested with full humbleness that any move to take the decision regarding review/re-framing of transfer/posting policy in r/o Superintendents of the zone may kindly be kept in abeyance for the time being. This will enable the duly  

elected body for the Vizag Unit of the Association to make due submissions before your goodself in r/o of  the issue as the tenure of the former body had already expired and there exists no elected body of the Superintendents Association duly authorised by this All India Body as on date. Any inconvenience in the matter is highly regretted. Thanking you, Yours faithfully,

(RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Mob. 09437314941 mail Id: [email protected] [email protected]  

Secretary General: Ravi Malik  Mob. 09868816290

Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West)

Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 85/A/12 Dt. 12.12.12 REMINDER  To, The Under Secretary, Ad IV, CBEC, Hudco Vishala Building, Bhikaji Cama Place, New Delhi. Sub: Renewal of recognition. Sir,

Kindly refer to the various communications of the Association in r/o above mentioned subject. 2. The Association has already submitted more than required (35%) of DDO certificates alongwith other relevant papers/documen papers/documents. ts. The copy of the receipt showing the submissi submission on of some more additional additional  

DDO certificates is also enclosed herewith. It is also worth to mention that there exists no other Association representing the Superintendents of Central Excise except this one. 3. In view of the above, it is requested that the matter may kindly be expedited. Thanking you, Yours faithfully, Encls: As above. (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09437314941 mail Id: [email protected] [email protected]   Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 89/CR/12   To, Sh. P. Chidambaram, Chidambaram, The Hon’ble Minister of Finance, Govt. of India, New Delhi. Sir,

Dt. 24.12.12

Sub: Cadre restructuring in CBEC.

Kindly refer to the submissions made by the Association on 06.12.07 during your previous tenure as the Hon’ble Finance Minister of India. As a result, some initiative was taken by CBEC to remove the stagnation of 

Group ‘B’ Central Excise executive officers in the file F. No. 11013/67/2007-Ad IV but, very unfortunately, the initiative didn’t reach its finality because of your goodself being in charge of the Home Ministry in the mean time. 2. It is further submitted that the Central Excise Superintendents entering the job as Inspector are retiring  

only with single promotion in the service career and forced to work under their extreme juniors of Customs  belonging to the same cadre recruited through the same examination in the same organisation of CBEC under the same department of Revenue of the same Ministry of Finance. The single cadre of Inspector has been trifurcated into 3 sub-categ sub-categories ories in absolutel absolutely y unjustif unjustifiable iable manner, i.e., Inspector Inspector (Central Excise & Land Customs), Customs), Preventive Officer (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively re-merging at group ‘A’ entry level. This places the officers entering the job as Inspector (Central Excise & Land Customs) decade dec adess behind behind the Exami Examiner nerss (admi (admitte tted d by CBEC CBEC in its meeti meetings ngs of 12.01. 12.01.11 11 and 18.02. 18.02.11) 11) due due to the the discriminatory rate of promotion and faulty recruitment rules. The ongoing   cadre restructuring will also be insufficient to remove the acute stagnation of the totally demoralized officers as also admitted by CBEC in the meeting of 12.01.11. CBEC as on date has more than 9000 Group ‘B’ officers already putting more than 25 years of service and got only one promotion. ACPS/MACPS is also unable to undo this gross injustice. 3. The common entry officers in CSS, CBDT, Customs, Rajya Sabha Secretariat etc. are attaining PB4 level (5 to 6 promotions-Annexure I) whereas we retire in PB2. Even the pension of other common entry co coun unte terp rpar arts ts is more more than than our our sala salary ry.. This This gr gros osss in inju just stic icee has has tota totall lly y demo demora rali lise sed d the the Ce Cent ntra rall Ex Exci cise se Superintendents having nothing to motivate. The cadre restructuring proposal of CBEC started in 2006 is still  pending with the DOPT. As a result, a bit solace expected from the ongoing cadre restructuring is also being denied. The drastic cuts have already been made to the proposed posts in complete disregard to minimum bare functional requirement despite of the approval by Expenditure. The proposed strength of AC/DC has already been cut from 4896 to 3600 and DOPT further intends to make more cuts. It shall un-strengthen the Service Tax, audit,  preventive, anti-evasion, anti-smuggling anti-smuggling & anti-narcotics set-ups affecting adversely the indirect tax collection alongwit alon gwith h increase increased d possibilit possibility y of smugglin smuggling g activiti activities, es, infiltra infiltration tion of contraban contrabands ds & lethal lethal weapons weapons posing posing serious threat to the security of the Nation due to the shortage of working hands. Not only it, the revenue target for  the first half of the current financial year has not been achieved due to acute shortage of working hands at AC/DC and above levels.  The process is not being expedited despite of the fact that the Standing Committee on Finance in its 52nd report has expressed its concern over the pathetic situation of man-power shortage desiring both CBDT & CBEC to give interim relief to stagnating cadres. The Committee also desired the Government to pursue the requirement has already already increased by 80% 80% matter of cadre restructuring in a time-bound manner.   The  functional requirement in comparison of the proposed in 2010-11 under cadre restructuring on account of the introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations etc. The shortage of working hands shall not only affect adversely the collection of Central Excise & Customs duties as well as Service Tax but it will also affect the GST in the forthcoming time. 4. The IRS officers of CBEC got parity with the common entry counterparts of CBDT in the last cadre restructuring and with other better placed common entry group ‘A’ counterparts in the ongoing one. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise Superintendents. This parity is very much required to boost the morale of the officers by adopting the measures like time bound  promotions, notional promotions, upgradation, upgradation, creation of supernumerary posts, creation of separate service or  any other specific specific measure/ measure/ss alongwit alongwith h re-framin re-framing g the RR’s without without trifurcating trifurcating a single single cadre cadre of Inspector Inspector or  Superinte Supe rintenden ndentt prescribi prescribing ng the qualifyi qualifying ng service service as per DOPT DOPT OM No. AB-14017 AB-14017/61/ /61/2008 2008-Estt -Estt.(RR) .(RR) dt. 24.03.09 (not being followed by CBEC) which stipulates   clearly the  promotion of Inspector to the grade of JC, ADC & Commissioner after completing 12, 17 & 20 years of service respectively. During the presentation of  cadre restructuring on 18.01.11, CBEC showed its inability to implement implement the said OM due to the want of required number of vacancies/posts. It is, therefore, requested that the required number of posts may kindly be created and the said OM be impleme implemented nted as per Annexure Annexure II or our officers officers may kindly kindly be granted granted in-situ promotion promotionss requiring no creation of posts. The upgradation upgradation of the Superintendents, Superintendents, completing 20 years & 25 years of service after joining as Inspector, to the post of AC and DC respectively will also require approximately no expenditure as they are already getting the salaries of the said posts. 5. No heed has also been paid to the DOPT communications issued   vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, No. to 35034/9/2010-Estt. (D) Dt. etc. stipulating the cadre restructuring should be OM viewed mitigate the stagnation of10.02.11 the stagnated employees.very Theclearly CBECthat already has around 30000 group ‘B’ Central Excise executive officers comprising Superintendents and Inspectors retiring only with one  promotion in their service career. The officers joining as Inspector even in 1975 are still waiting to enter group

A while of 1987 to become Superintendent but no measures have been taken to mitigate their acute stagnation. It is also worth to submit that the Examiners of Customs and Inspectors of Income Tax of 1992 have already  become AC while the Assistant of 1992 in CSS has become Under Secretary (our DC). The Assistant of 1987 in  

CSS has become Deputy Secretary (our JC) while the Assistant of 1985 in Rajya Sabha Secretariat has become Director (our ADC). Nothing has also been done despite of the specific directions dt. 03.08.11 of the Hon’ble Supreme Court in Civil Writ Petition No. 385/10 to frame just & fair RR’s except fixing a ratio of 13:2:1 for entry to Group ‘A’ Junior Time Scale in contrary to Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10 mandating fixation of no ratio in the case of small number of promotional posts as around 2% is too small in our  case. CBEC has itself admitted in the meeting of 18.02.11 that the mere change in the existing ratio would be insufficient to address the situation.   It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to senior group ‘A’ posts in Central as well as State governments while the Central Excise Superintendents are allowed to be promoted (if any) merely to a junior group ‘A’ post. 6. The DOPT is saying that the ongoing cadre restructuring in CBEC is required to be re-cleared from Expenditure due to austerity measures knowing very well that it is not a non-productive expenditure and also it was initiated 6 years before the issuance of the current austerity measures. DOPT is also saying that we should save rupees one thousand crore by preventing cadre restructuring to sacrifice rupees fifty thousand crore of  government revenue to be earned with the help of the working hands to be created under cadre restructuring. As already submitted, the government is already short of revenue target for the first half of the current financial year  due to shortage of working hands. This is the only IInd cadre restructuring to be happened in the history of CBEC. Last cadre restructuring was done in 2002. As per guidelines, two more cadre restructurings should have happened after 2002. But very unfortunately, the ongoing one is also pending for last more than 6 years and our  officers are forced to retire every month without promotion. 7. In view of the above, it is requested that the cadre restructuring may kindly be approved & implemented implemented immediately immediatel y in time bound manner in its original form without any cut and also an immediate device independent independent of cadre restructuring may kindly be formulated for the acutely stagnated Central Excise Superintendents to retire in PB-4 granting them parity with their common entry counterparts.  Thanking you,

Yours faithfully,

Encls: As above (Annexure I & II) (RAVI MALIK), Secretary General.

“Annexure I” PROMOTIONAL AVENUES OF INSPECTOR OF CENTRAL EXCISE (1) Inspector (2) Superintendent (3) Asstt. Commissioner (only 1.78%) {ONLY ONE PROMOTION}

PROMOTIONAL AVENUES OF EXAMINER OF CUSTOMS (SAME ORGANISATION) (1) Examiner (2) Appraiser (3) Asstt. Commissioner (4) Deputy Commissioner (5) Joint Commissioner (6) Addl Commissioner {5 PROMOTIONS}

PROMOTIONAL AVENUES OF INSPECTOR OF INCOME TAX (SAME DEPARTMENT)  

(1) Inspector (2) Income Tax Officer (3) Asstt. Commissioner (4) Deputy Commissioner (5) Joint Commissioner (6) Addl Commissioner (7) Commissioner {6 PROMOTIONS}

PROMOTIONAL AVENUES OF ASSISTANT OF CSS (1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS} PROMOTIONAL AVENUES OF ASSISTANT OF RAJYA SABHA SECRETARIAT (1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS}

“Annexure II” Qualifying service to be prescribed for Central Excise executive officers as per DOPT OM No. AB14017/61/2008-Estt.(RR) dt. 24.03.09

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector. (ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector ( There is no  justification  justificat ion of promoting promoting an officer from a grade pay of Rs. 5,400/- on account of time scale after 4 years of service to Rs. 5,400/- only. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a post with a grade pay of Rs. 6600/- instead of Rs. 5400/in Central as well as State governments. ). (iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector. (iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector. (v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector. (vi) joining Inspector. (vii)23 24years yearsfor forpromotion promotionto tothe theHAG HAGafter + Scale afterasjoining as Inspector. (viii) 26 years for promotion to the HAG Apex Scale after joining as Inspector. (ix) 27 years for promotion to the HAG + Apex Scale after joining as Inspector.

Keeping in view the extraordinarily acute stagnation of the Central Excise executive officers (Superintendents/Inspectors), there should kindly be incorporated the permanent provisions in the  

recruitment rules in addition to recruitment to the above above qualifying qualifying services services at every every level to promote promote the officer officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of  qualifying service. Such provisions may be created based on the precedent when all the Section Officers (equivalent (equiv alent to our Superintendent) Superintendent) of CSS were promoted promoted to the post of Under Secretary Secretary (equivalent to our  Deputy Commissioner) after completion of one & half h alf times of qualifying service some years ago in 19 1999. 99.

All the additional posts at group ‘A’ entry level may also be kept reserved for the promotee officers to make the IRS stature secured and additional posts may kindly be created for the promotee officers at every level in proportion of CSS strength. It is also worth to submit that a good number of posts of the Joint Secretary have been kept reserved for CSS officers in the latest cadre restructuring of them.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS President: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik  Mob. 09437314941 mail Id: [email protected]  [email protected]  Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV 12017/10/2006-Ad.IV A Dt.21.01.08)

  Ref. No. 90/CR/12 To, Dr Manmohan Singh, The Hon’ble Prime Minister of India,  New Delhi. Sir,

Dt. 24.12.12

Sub: Cadre restructuring in CBEC.

It is further further submitted submitted that the Central Central Excise Superint Superintende endents nts entering entering the job as Inspector Inspector are retiring retiring only with single promotion in the service career and forced to work under their extreme juniors of Customs

 belonging to the same cadre recruited through the same examination in the same organisation of CBEC under the same department of Revenue of the same Ministry of Finance. The single cadre of Inspector has been trifurcated into 3 sub-categ sub-categories ories in absolutel absolutely y unjustif unjustifiable iable manner, i.e., Inspector Inspector (Central Excise & Land Customs), Customs),  

Preventive Officer (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively re-merging at group ‘A’ entry level. This places the officers entering the job as Inspector (Central Excise & Land Customs) decade dec adess behind behind the Exami Examiner nerss (admi (admitte tted d by CBEC CBEC in its meeti meetings ngs of 12.01. 12.01.11 11 and 18.02. 18.02.11) 11) due due to the the discriminatory rate of promotion and faulty recruitment rules. The ongoing   cadre restructuring will also be insufficient to remove the acute stagnation of the totally demoralized officers as also admitted by CBEC in the meeting of 12.01.11. CBEC as on date has more than 9000 Group ‘B’ officers already putting more than 25 years of service and got only one promotion. ACPS/MACPS is also unable to undo this gross injustice. 2. The common entry officers in CSS, CBDT, Customs, Rajya Sabha Secretariat etc. are attaining PB4 level (5 to 6 promotions-Annexure I) whereas we retire in PB2. Even the pension of other common entry co coun unte terp rpar arts ts is more more than than our our sala salary ry.. This This gr gros osss in inju just stic icee has has tota totall lly y demo demora rali lise sed d the the Ce Cent ntra rall Ex Exci cise se Superintendents having nothing to motivate. The cadre restructuring proposal of CBEC started in 2006 is still  pending with the DOPT. As a result, a bit solace expected from the ongoing cadre restructuring is also being denied. The drastic cuts have already been made to the proposed posts in complete disregard to minimum bare functional requirement despite of the approval by Expenditure. The proposed strength of AC/DC has already been cut from 4896 to 3600 and DOPT further intends to make more cuts. It shall un-strengthen the Service Tax, audit,  preventive, anti-evasion, anti-smuggling anti-smuggling & anti-narcotics set-ups affecting adversely the indirect tax collection alongwit alon gwith h increase increased d possibilit possibility y of smugglin smuggling g activiti activities, es, infiltra infiltration tion of contraban contrabands ds & lethal lethal weapons weapons posing posing serious threat to the security of the Nation due to the shortage of working hands. Not only it, the revenue target for  the first half of the current financial year has not been achieved due to acute shortage of working hands at AC/DC and above levels.  The process is not being expedited despite of the fact that the Standing Committee on Finance in its 52nd report has expressed its concern over the pathetic situation of man-power shortage desiring both CBDT & CBEC to give interim relief to stagnating cadres. The Committee also desired the Government to pursue the requirement has already already increased by 80% 80% matter of cadre restructuring in a time-bound manner.   The  functional requirement in comparison of the proposed in 2010-11 under cadre restructuring on account of the introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations etc. The shortage of working hands shall not only affect adversely the collection of Central Excise & Customs duties as well as Service Tax but it will also affect the GST in the forthcoming time. 3. The IRS officers of CBEC got parity with the common entry counterparts of CBDT in the last cadre restructuring and with other better placed common entry group ‘A’ counterparts in the ongoing one. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise Superintendents. This parity is very much required to boost the morale of the officers by adopting the measures like time bound  promotions, notional promotions, upgradation, upgradation, creation of supernumerary posts, creation of separate service or  any other specific specific measure/ measure/ss alongwit alongwith h re-framin re-framing g the RR’s without without trifurcating trifurcating a single single cadre cadre of Inspector Inspector or  Superinte Supe rintenden ndentt prescribi prescribing ng the qualifyi qualifying ng service service as per DOPT DOPT OM No. AB-14017 AB-14017/61/ /61/2008 2008-Estt -Estt.(RR) .(RR) dt. 24.03.09 (not being followed by CBEC) which stipulates   clearly the  promotion of Inspector to the grade of JC, ADC & Commissioner after completing 12, 17 & 20 years of service respectively. During the presentation of  cadre restructuring on 18.01.11, CBEC showed its inability to implement implement the said OM due to the want of required number of vacancies/posts. It is, therefore, requested that the required number of posts may kindly be created and the said OM be impleme implemented nted as per Annexure Annexure II or our officers officers may kindly kindly be granted granted in-situ promotion promotionss requiring no creation of posts. The upgradation upgradation of the Superintendents, Superintendents, completing 20 years & 25 years of service after joining as Inspector, to the post of AC and DC respectively will also require approximately no expenditure as they are already getting the salaries of the said posts. 4. No heed has also been paid to the DOPT communications issued   vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No. 35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the cadre restructuring should be viewed to mitigate the stagnation of the stagnated employees. The CBEC already has around 30000 group ‘B’ Central Excise executive officers comprising Superintendents and Inspectors retiring only with one  promotion in their service career. The officers joining as Inspector even in 1975 are still waiting to enter group ‘A’ while of 1987 to become measures been taken to mitigate acute have stagnation. It is also worth to submit that Superintendent the Examinersbut of no Customs andhave Inspectors of Income Taxtheir of 1992 already  become AC while the Assistant of 1992 in CSS has become Under Secretary (our DC). The Assistant of 1987 in CSS has become Deputy Secretary (our JC) while the Assistant of 1985 in Rajya Sabha Secretariat has become

Director (our ADC). Nothing has also been done despite of the specific directions dt. 03.08.11 of the Hon ble Supreme Court in Civil Writ Petition No. 385/10 to frame just & fair RR’s except fixing a ratio of 13:2:1 for entry to Group ‘A’ Junior Time Scale in contrary to Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10  

mandating fixation of no ratio in the case of small number of promotional posts as around 2% is too small in our  case. CBEC has itself admitted in the meeting of 18.02.11 that the mere change in the existing ratio would be insufficient to address the situation.   It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to senior group ‘A’ posts in Central as well as State governments while the Central Excise Superintendents are allowed to be promoted (if any) merely to a junior group ‘A’ post. 5. The DOPT is saying that the ongoing cadre restructuring in CBEC is required to be re-cleared from Expenditure due to austerity measures knowing very well that it is not a non-productive expenditure and also it was initiated 6 years before the issuance of the current austerity measures. DOPT is also saying that we should save rupees one thousand crore by preventing cadre restructuring to sacrifice rupees fifty thousand crore of  government revenue to be earned with the help of the working hands to be created under cadre restructuring. As already submitted, the government is already short of revenue target for the first half of the current financial year  due to shortage of working hands. This is the only IInd cadre restructuring to be happened in the history of CBEC. Last cadre restructuring was done in 2002. As per guidelines, two more cadre restructurings should have happened after 2002. But very unfortunately, the ongoing one is also pending for last more than 6 years and our  officers are forced to retire every month without promotion. 6. In view of the above, it is requested that the cadre restructuring may kindly be approved & implemented implemented immediately immediatel y in time bound manner in its original form without any cut and also an immediate device independent independent of cadre restructuring may kindly be formulated for the acutely stagnated Central Excise Superintendents to retire in PB-4 granting them parity with their common entry counterparts.  Thanking you, Yours faithfully, Encls: As above (Annexure I & II) (RAVI MALIK), Secretary General.

“Annexure I” PROMOTIONAL AVENUES OF INSPECTOR OF CENTRAL EXCISE (1) Inspector (2) Superintendent (3) Asstt. Commissioner (only 1.78%) {ONLY ONE PROMOTION}

PROMOTIONAL AVENUES OF EXAMINER OF CUSTOMS (SAME ORGANISATION) (1) Examiner (2) Appraiser (3) Asstt. Commissioner (4) Commissioner (5)Deputy Joint Commissioner (6) Addl Commissioner {5 PROMOTIONS}

PROMOTIONAL AVENUES OF INSPECTOR OF INCOME TAX (SAME DEPARTMENT)  

(1) Inspector (2) Income Tax Officer (3) Asstt. Commissioner (4) Deputy Commissioner (5) Joint Commissioner (6) Addl Commissioner (7) Commissioner {6 PROMOTIONS}

PROMOTIONAL AVENUES OF ASSISTANT OF CSS (1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS} PROMOTIONAL AVENUES OF ASSISTANT OF RAJYA SABHA SECRETARIAT (1) Assistant (2) Section Officer (3) Under Secretary (STS-equivalent to 2 promotions) (4) Deputy Secretary (5) Director (6) Joint Secretary {EQUIVALENT TO 6 PROMOTIONS}

“Annexure II” Qualifying service to be prescribed for Central Excise executive officers as per DOPT OM No. AB14017/61/2008-Estt.(RR) dt. 24.03.09

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector. (ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- after joining as Inspector ( There is no  justification  justificat ion of promoting promoting an officer from a grade pay of Rs. 5,400/- on account of time scale after 4 years of service to Rs. 5,400/- only. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to a post with a grade pay of Rs. 6600/- instead of Rs. 5400/in Central as well as State governments. ). (iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector. (iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector. (v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector. (vi) joining Inspector. (vii)23 24years yearsfor forpromotion promotionto tothe theHAG HAGafter + Scale afterasjoining as Inspector. (viii) 26 years for promotion to the HAG Apex Scale after joining as Inspector. (ix) 27 years for promotion to the HAG + Apex Scale after joining as Inspector.

Keeping in view the extraordinarily acute stagnation of the Central Excise executive officers (Superintendents/Inspectors), there should kindly be incorporated the permanent provisions in the  

recruitment rules in addition to recruitment to the above above qualifying qualifying services services at every every level to promote promote the officer officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of  qualifying service. Such provisions may be created based on the precedent when all the Section Officers (equivalent (equiv alent to our Superintendent) Superintendent) of CSS were promoted promoted to the post of Under Secretary Secretary (equivalent to our  Deputy Commissioner) after completion of one & half h alf times of qualifying service some years ago in 19 1999. 99.

All the additional posts at group ‘A’ entry level may also be kept reserved for the promotee officers to make the IRS stature secured and additional posts may kindly be created for the promotee officers at every level in proportion of CSS strength. It is also worth to submit that a good number of posts of the Joint Secretary have been kept reserved for CSS officers in the latest cadre restructuring of them.

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