Monday, March 25, 2013

Central Excise Superintendents’ Association, Mumbai
( Recognized under F. No. B-12017/10/206-Ad-IV A dtd. 21-01-2008 ).

CIRCULAR NO. 3 / 2012


Dear Members,


Summer is approaching. Similarly the heat of the cadre is going up. As per the call, three phases of the agitation, as called by AIACEGEO, i.e. wearing of black badges, boycott of excise day function and lunch hour demonstration, have been completed successfully. CESA Mumbai expresses its pleasure for the active support and participation by the members. However, CESA feels sad about those members who have not abided the call of agitation given by AIACEGEO.
 On 12th March, 2013 Hon’ble Supreme Court has disposed off the Contempt Petition as there was no willful disobedience. Its disheartening that the Apex Court first admitted the contempt petition of Pune unit as well as petition filed by Superintendent Cstoms (Prev.), then clarification as sought by the Board is given, extension of time for implementing the Supreme Court’s Order 03.08.2011 is given and number of dates
are given for holding a affective hearing. Board had engaged the service of number of advocates to plead the case. On the fateful day, hearing took place for more than one and half hours. Finally, after a period of one and half years the verdict given by the Apex Court is as follows -

“All that the order dated 3.8.2011 says is that the ad hoc promotions made in

the meanwhile will abide by the final decision to be taken by the Department in terms

of Office Order. There is no direction to apply the new quota retrospectively. We do not

see that there is any contempt of this Court's order dated 3.8.2011 by the respondents.

The contempt petitions are accordingly dismissed.”

 The Supreme Court’s Order dated 12.03.2013 is disheartening and has shattered

our hopes. Though the Board has changed the ratio in the Recruitment Rules (RR)

consequent to the Apex Court’s Order dated 03.08.2011, the ratio considered in the

present RR will no remove the stagnation. The growing humiliation and complex to

serve under a junior is to be fought tooth and nail till the justice is done to our cadre.

The journey is long, still we have to ride to achieve the goal of the cadre.



A meeting was held by the Board Officials with Finance Minister on

13.03.2013 to discuss the Cadre Restructuring proposal. It is learnt that the

Finance Minister raised certain queries which are as under :

1. What is the reasons why both the Ministers had suggested for less nos. of

Posts and copy of minutes of such joint agreement.

2. What is the justification in present situation to avoid such cut.

3. Expenditure involved.

4. How the stagnation problems of Supdt. cadre can be removed?



Compliance was sought on 19th of March. However the Board has not complied till date.

A.I.A.C.E.G.E.O. held its AEC meeting at New Delhi on 16th March 2013 and

reviewed the Agitation Programme. To intensify further to a logical conclusion, it is

again decided -

Ø NOT TO ATTEND THE OFFICE ON 29.03.13, 30.03.13 AND 31.03.13.

Ø DEMONSTRATION IN UNIFORM AT JANTAR MANTAR, NEW DELHI AND

MARCH TOWARDS RESIDENCE OF FM ON 12.04.13.

Ø MASS RESIGNATION ON 30.04.2013.

18th March : The Secretary General of A.I.A.C.E.G.E.O has issued intimation letter

to Finance Minister and copy endorsed to MOS, Revenue Secretary, Chair person,

and Member (P & V) etc. (Copy enclosed.)

20th March : CESA Mumbai vide its letter dated 20th March, 2013 has

communicated to Chief Commissioners of Mumbai Zone – I, Zone – II and Zone –

III Customs and all the Commissioners of Mumbai Zone about the participation of

the proposed agitation called by A.I.A.C.E.G.E.O.



We all were waiting curiously to see the outcome of the contempt petition, but

the outcome is negative. Similarly, on MACP matter Board has issued order dated 21st

February, 2013 to counter the Contempt Application filed before Chennai CAT, which

also negates the aspiration and claims of the Superintendent cadre. The only positive

development is that certain issues have been addressed, as apparent from the Minutes

of Meeting held with Member (P&V) on 31.01.2013 issued on 15.02.2013. Further, the

recognization of the Association is renewed for coming five years.

As the situation warrants we have no alternative but to coerce with the

Administration to launch agitation as we are capable to discharge the work of Customs,

Central Excise and Service Tax and even ready to take on G.S.T. but the Board is

constantly neglecting rights of our career progression. To intensify the agitation

programme further it is appealed to all our members not to attend office on

holiday 29th, 30th and 31st of March, 2013 (though the offices will be opened as per

instructions of C.B.E.C).



On 12th April at 11am Officers from entire country will assemble in uniform

at Jantar Mantar, New Delhi, will form a human chain and proceed to Finance

Minister’s house to submit the memorandum. It is the C.B.E.C. who has forced

the uniform cadre to come on the street and raise their voice against the exploitations.

To make the show of the strength and resentment join the agitation programme.

Inspectors Federation (AIACEIA) has also served Notice to the Finance Minister

and others, informing that they are also joining the agitation and will not attend

office on 29th, 30th and 31st March.



Member (P&V) vide letter dated 20.03.2013 has requested the Secretary

General of AIACEGEO to call off the agitation, claiming that CBEC is seriously

pursuing the cadre restructuring. However, it has been our experience that

only assurances have been given in past but no positive action has been taken.

Therefore, we are going ahead with the agitation as scheduled.



Condolence : Sunil J. Parker Superintendent Service Tax – I, posted in planning cell

Head Quarter, who was working in the office till Friday, expired due to massive heart

attack on 17th March, 2013 at his residence. Mr. Parker aged 56 years was a silent and

hard worker survived by his wife and son. CESA expresses its heart felt condolence

and prays that All Mighty let the departed soul rest in peace and give courage to the

family members to face the future.



Transfer and Postings Policy: CESA Mumbai vide its letter dated 14.3.2013

requested Chief Commissioner, Zone – I to amend the transfer and posting policy.

Copy attached herewith). Meeting with the Administration will be held in the first week

of April.

Dear members: Life is precious and there is value for your life. Don’t be so involved

in a mechanised routine of your office life, Take some time for yourself; do some

stretching exercise. Follow regular check-up and keep yourself fit physically and

mentally. Your family members as well as we expect you to live a long and healthy and

cheerful life - so dear Members please don’t neglect yourself.

We request all our members to get the verification of your service book done and

make nominations on all papers for smooth transition and to avoid complications.

Lastly, it is once again appealed to one and all to make the call of agitation

a success by not attending office on 29th, 30th and 31st March 2013. We look

forward to your support and active participation. Delegation of CESA Mumbai will

join the Federation in Jantar Mantar at New Delhi on 12th April 2013.


Yours sincerely,

A.K. Sasmal

General Secretary



Ref :CESA/23/2013

Dtd : 20.03.2013.



Hon’ble Chief Commissioner,

Central Excise, Zone – I. & II,

Customs Zone – III,

Mumbai

Sub : No office on holidays on 29th, 30th & 31st March 2013; march to FM’s residence on 12.04.13; and Mass Resignations on 30.04.13---intimation reg.



Respected Sir / Madam,



In continuation to the notice of agitation issued to Hon’ble Finance Minister,

Government of India by The All India Association of Central Excise Gazetted Executive

Officers(AICEGEO) and copy endorsed to Hon’ble MOS, Department of Revenue,

Ministry of Finance, Hon’ble Secretary, Department of Revenue and Hon’ble

Chairperson, C.B.E.C., New Delhi on 31.12.2012, it is further communicated by the

Secretary General, AIACEGO on 18.03.2013 that as per the decision of the AEC

meeting, the cadre will further agitate by not attending office on 29th, 30th & 31st

March 2013. Besides, the officers from all over India will gather at Jantar Mantar in

New Delhi on 12.04.13 at 11 a.m. in their uniform and proceed to FM’s residence

to submit the Memorandum.



The Central Excise Superintendents’ Association, Mumbai being the Federating

Unit of A.I.A.C.E.G.E.O, will abide by the call of the Federation and accordingly, all it’s

members i.e. the Superintendents from Central Excise Zone – I and Zone – II, Customs

(Prev), and L.T.U. Mumbai, will participate in the agitation programme. Accordingly, the

officers will not attend office on 29th, 30th & 31st March 2013 and will observe “work to

rule” as per the call of AIACEGEO.



This is for your kind information.



Thanking you,



Yours sincerely



A.K. Sasmal

General Secretary



Copy to:



Hon’ble Commissioner, Central Excise, Mumbai I, II, III, V, Thane I, II,

Belapur, Raigad, Customs Prev,, Service Tax – I & II Comm’te & L.T.U. Mumbai

for kind information.

All India Association of Central Excise Gazetted Executive Officers, New Delhi


Ref. No. 33/A/12

Dt. 18.03.13



To,

Sh. P. Chidambaram,

The Hon’ble Finance Minister,

Govt. of India, New Delhi.



Sub: No office on holidays on 29.03.31 to 31.03.31, march to FM residence

on 12.04.13 and mass resignations on 30.04.13-intimation reg.



Kindly refer to the Ref. No. 93/A/12 Dt. 31.12.12 and 27/H/13 Dt. 04.03.13 of the

Association.



2. It is submitted with due regards and great disappointment that there is

no change in the scenario till date. It has, therefore, been unanimously decided in

the Associate Committee meeting of the Association on the issue to intensify our

Satyagraha/agitational programme, if all the points/grievances are not settled on

immediate basis.



3. Accordingly, it is intimated that the following steps will also be observed as

part of our Satyagraha-

(i) None of our officers will attend the office on holidays on 29.03.31 to

31.03.31 throughout the country.

(ii) The officers will gather at Jantar Mantar in Delhi from all over India on

12.04.13 at 11 a.m. in their uniform and proceed to gather around the residence of your

goodself to submit the Memorandum.

(iii) All of our officers throughout the country will submit their resignations on

30.04.13 under protest.



6. The charter of the demands is enclosed herewith.

Thanking you,



Yours faithfully,



Encl: Charter of demands.



Sd/-

(RAVI MALIK),

Secretary General.



Copy with the request for necessary action to-

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.



Sd/-

(RAVI MALIK).



___________________________



Ref:CESA/21/2013

Dtd :14.03.2013.



Hon’ble Chief Commissioner,

Central Excise, Zone – I,

Mumbai



Sub: Request for Amendment in transfer & posting policy – reg.



Respected Sir,



Kind attention is invited towards the transfer &posting policy formulated by the

then Chief Commissioner, and the orders issued thereafter in the year 2011 and 2012.



The ICT issued in the year 2012 was in accordance with the formulated policy.

Thereafter, within a month, the Administration in C.Ex. Mumbai Zone – I issued another

order in the name of loan postings wherein all the norms were violated and the very

same officers were again posted in the same formations/sections from where they were

rotated/transferred. Thus, the very purpose for which administration is keen to

rotate the officers is defeated. These violations were brought into the notice of the

Administration time to time and the then authority agreed to rectify the same in the next

ICT Order and had also agreed to amend the policy as per the requirement.

In the above background Association requests that before undertaking the

process of ICT a meeting be convened with recognized Staff Associations to have a

relook on the policy and also the instances be rectified in the ICT Order to be issued

this year.

There is a need to review the working strength of each formation/

Commissionerate as well as Directorates and accordingly staff be deployed.

Further, strength of M & P. formation also requires a review and staff be

withdrawn from there also.



The arrangement of deploying staff in LTU, should be zone-wise or

Commissionerate-wise i.e. the strength be divided into Zone – I, II, Pune, Nashik and

Aurangabad and their actual strength be revised instead of squeezing the Zone–I staff

only or making it a transit camp for outgoing officers on promotion.

In Service Tax Commissionerates, it is observed that to cope-up with the

pendency position, authorities are asking staff more and more and they are obliged also

without having any consideration as to how long and how much staff is to be given.

Norms be fixed to handle the no. of assessees per officer/supervisory officer and

accordingly staff be posted along-with proper infrastructure and if required additional

staff be demanded rather than paralyzing the working of Central Excise

Commissionerates.

In policy guidelines, the posting of officers on promotions also requires

amendment and it should be on first come first go basis without any restrictions of

tenure as it does not serve any purpose and dislocate the administration in Mumbai as

well as in Pune and the family setup of the officer. Hence immediately on promotion

order be issued as per the policy.

Further, under miscellaneous head of the policy under para 10.3, ‘Child

studying in 10th or 12th’ be deleted as all the officers are stationed at one place with no

change of residence.

Officers suffering from serious ailments like Cancer/By pass surgery/Heart

problems, etc. need compassionate attention and representation, if any, has to be

considered on merits.

The Association requests for a detailed deliberation on the above issues,

therefore, kindly convene a meeting at the earliest at your convenience so

that process can be under taken after suitable amendment of the policy for the

larger interest of the cadre and organization, which will go a long way in smooth

functioning of the department.



Thanking You,



Yours sincerely



(A.K. Sasmal)

General Secretary



Copy to:



Hon’ble Chief Commissioner, Central Excise, Zone-II, Mumbai.

For kind information

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