CESA MUMBAI

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: ravimalik_sweet@yahoo.com 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 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. 26/P/13 Dt. 04.03.13

To,

Sh. P. Chidambaram,

The Hon’ble Minister of Finance,

North Block, New Delhi.

Sub: DPC against the vacancies of Asstt. Commissioner.

Sir,

It is submitted with due regards that the CBEC is going to conduct the DPC for ad hoc promotions from the Addl. Commissioner to Commissioner level on the ground of revenue drive.

2. It is further submitted that the actual officers instrumental for revenue drive at group ‘A’ level in CBEC are the Asstt. Commissioners instead of Commissioners. The Commissioners work only at administrative seats and also do other jobs like appeal, adjudication etc. without being posted at divisional levels in the field formations. On the other hand, the Asstt. Commissioners work at divisional levels actually responsible for revenue collection at group ‘A’ level at field formations. As per the disposition list, 315 vacancies already exist in Central Excise and 126 in Customs at Asstt. Commissioner level as on 31.12.12. This extraordinary (441 against sanctioned strength of 949) vacant position at Asstt. Commissioner level is also the sole reason of CBEC being far behind of the revenue target fixed for the current financial year. The above said figures of vacancies should have even increased as on date on account of some more retirements after December, 12. No such alarming situation seems to exist at the level of executive Commissioner who has only the administrative control on the divisions. Thus, the vacancies of Asstt. Commissioner instead of Commissioners are required to be filled up immediately from the angle of revenue drive.

3. In view of the above, it is requested that the DPC for promotion from Superintendent to Asstt. Commissioner may kindly be conducted prior to the DPC for promotion to the post of Commissioner in CBEC. It is not only required from the angle of revenue collection but also from the angle of acute stagnation of the Superintendents being retired every month without promotion.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request to fill up the vacancies of Asstt. Commissioner w.r.t. Ref. No. 23/P/13 Dt. 19.02.13 of the Association to:

1) The Secretary, Department of Revenue, North Block, New Delhi.

2) The Chairperson, CBEC, North Block, New Delhi.

3) The Chairman, UPSC, Shahjahan Road, Dholpur House, New Delhi-110011.

(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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 27/H/13 Dt. 04.03.13

To,

Sh. P. Chidambaram,

The Hon’ble Minister of Finance,

North Block, New Delhi.

Sub: Working on holidays.

Sir,

It is submitted with due regards that the staffside is being forced to attend the offices on holidays in Service Tax & Central Excise Commissionerates. Not only it but they are also being threatened of punitive actions in case of not being able to attend the office on holidays due to their compelling circumstances which is mere example of mass harassment to the staff. Very recently, Central Excise Commissioner has ordered the staff to attend the offices on Saturdays & Sundays and also on other holidays in Visakhapatnam.

2. It is further submitted that there exist no statutory provisions to force the staff to work on holidays. More disappointingly, they are also being threatened of punitive actions despite of the fact that they have always worked in the most obedient manner for CBEC. Our authorities have forgotten that we are living in the greatest democracy of the world. They are happy to issue undemocratic orders to suppress the staffside which reminds only of the English time.

3. As your goodself knows that the five days week in the Central Govt. was started by a Cabinet decision which can never be overruled by any administrative instruction. The officers are already demoralized, job-dissatisfied & de-motivated due to the lack of promotional avenues, working conditions, basic amenities, required facilities etc. and also non-grant of requisite pay deals. They are further humiliated by forcing to work on holidays instead of undoing the injustice being faced by them for decades on above counts. Further crushing them will serve no purpose but collapse the system. The five days working in the Central Govt. offices replacing six days was started enabling the officers to get proper rest and start the work with fresh energy & zeal after 2 days relaxation to increase the efficiency. This also enabled them to give sufficient time to their families and dispose of their personal/family related obligations in more efficient and relaxed manner.

4. It is also worth to mention that the officers are being paid for the fixed hours/days per month. Forcing them to work for extra more days in the month without paying extra wages/incentive/compensation is no-way justified and is totally unlawful causing unwarranted litigations. Any emergent situation in the rare circumstances for a day in the year can be understood in the public interest but such type of orders can never be issued in routine in undemocratic manner to suppress the staffside. The staffside have always been cooperating the administration willingly in the most obedient manner but to force something on them in illegal manner and further threaten them of punitive action is noway justified. Moreover, the forced extra office work shall never increase the revenue.

5. In view of the above, it is requested that the CBEC may kindly be directed to withdraw the said orders of forcing the staff to attend the offices on holidays to protect them from further humiliation. The CBEC rather should undo the injustice already being faced by the Inspectors & Superintendents in r/o promotions, pay matters, working conditions etc. grating them the opportunity to live with dignity and make progress.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to protect the staffside w.r.t. Ref. No. 20/ST/13 Dt. 19.02.13 of the association to:

1) The Chairperson, CBEC, North Block, New Delhi.

2) The Secretary, Department of Revenue, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 29/A/13 Dt. 12.03.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Agitational programme.

Madam,

Kindly refer to the letter F. No. OSD/MPV/Supt. Asso. Dt. 26.02.13 of your goodself.

2. It is submitted with due regards that the above referred letter is completely silent on every issue except cadre restructuring. No need to mention that the cadre restructuring in its present form wouldn’t be able to remove our stagnation as also admitted in one of the Board meetings itself. Only 1% of our officers are able to enter PB3 under the present scenario while only 2% of them will reach PB3 as per the existing recruitment rules after joining the job as Inspector, even if the ongoing cadre restructuring is approved & implemented in its present form. Not only the cadre restructuring is required to be approved without cut as already cleared by the Expenditure but also no direct recruitment should be made in IRS at least for 5 years alongwith adopting some other effective measures to remove our extraordinary stagnation. As far as our counterparts of CSS, Income Tax etc. are concerned, all of them are entering PB4 getting extraordinary jump in salaries (and as a result in pensionery benefits also) at the time of crossing PB3. Even so called MACPS is also unable to do anything for us. The position will not be improved until some effective measures are not taken for us independent of cadre restructuring too. Our counterparts of CSS, CPWD etc. are getting promotion to senior group ‘A’ post whereas we are forced to work under our extreme juniors. 1992 Examiner & Income Tax Inspector have already entered group ‘A’ and 1992 Assistant of CSS entered senior group ‘A’ while our Inspector of 1974 is still waiting for group ‘A’ entry. 1987 Assistant of CSS has become Deputy Secretary (our Joint Commissioner) and 1985 Assistant of Rajya Sabha Secretariat has become Director (our Addl. Commissioner).

3. Your kind attention is also invited to the Board letter F.No.A26017/147/06-Ad.II.A Dt. 04.01.07 recommending a separate service or time scale after every 7 years for our officers to the CPC. But at the time of getting opportunity to do something itself, nothing has been/being done for us under cadre restructuring (or even independent of cadre restructuring) by our Board except being worried about the stature of direct IRS. We are promised so many things during the meetings but no promise is fulfilled. We are getting lower pay packages as compared to our analogous counterparts and facing the worst career prospects & working conditions. All the grievances of ours are untouched in above referred letter of your goodself.

4. In view of above, some serious approach to device concrete measures is very much requested from our Board to improve our career prospects and working conditions. Every limit has been crossed regarding our career prospects as our relatives, neighbours and our children’s friends & their families think that we have committed some serious fraud/crime or blundering mistake in our department resulted into disciplinary/penal action against us not to give us promotions.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 30/OS/13 Dt. 13.03.13

To,

The Member (P&V),

CBEC, North Block,

New Delhi.

Sub: Offsetting of ACP upgradation with time scale.

Madam,

Kindly refer to-

i) the earlier Ref. No. 18/OS/13 Dt. 18.02.13 of the Association,

ii) the letter C. No. II (24) /4/ET/CCO/SH/2011/47-56 Dt. 04.01.13 o/o the Chief Commissioner (Shillong Zone),

iii) the discussions held on the issue during the meeting of 31.01.13,

iv) the Establishment Order No. 53/2013 regarding MACP upgradation issued vide C. No. –II-34(09)CCU/MACP/2012/22358-383 Dt. 06.03.13 o/o Chief Commissioner (DZ) of Central Excise and

v) also the letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11 of CBEC.

2. It is submitted with due regards that nothing has been done by CBEC even after the expiry of 6 weeks after the issue being raised before your goodself on 31.01.13. The officers are already on the verge of recovery due to this inaction as the Chief Commissioner office of Delhi Zone has also made the orders for recovery vide above referred Establishment Order No. 53/2013. The problem was started at Shillong, reached Chennai & Delhi and is further expected to spread throughout India for the want of the due directions from CBEC. It is very unfortunate that the Board directions are not being obeyed by the field formations. If such act of disobedience was committed by any of our officers (Superintendent or Inspector or lower cadre), he would have been charge-sheeted or suspended.

3. In CBDT, even the MACP upgradation is not being offset with the time scale as was communicated to your goodself vide the Ref. No. 01/MACP/13 Dt. 04.01.13 of the Association with the request to issue the orders with the same effect in CBEC too. But it seems that the said communication of the Association has also been dumped in some corner of the concerned section as per the existing practice forcing our officers to suffer on account of this inaction.

4. The officers are not being granted the due benefit under ACP/MACP scheme and the IInd ACP upgradation is being offset with time scale with the orders of recovery placing the officers under lower grade pays despite of the clarification issued by CBEC vide its above referred letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11. It has very categorically been clarified under para 4 & 5 of the above said letter of CBEC that ACP upgradation would not be offset with time scale.

5. It is also worth to submit that your goodself has always been asking the Association not to go for litigation on any issue but it is very unfortunate that the staffside is forced every time to go for unwarranted litigation against the denial of due benefits due to the said inaction.

6. In view of the above, it is requested that the field formations may kindly be directed to implement the letter F.No.23011/29/2010-Ad.IIA Dt. 20.05.11 of CBEC.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 31/P/13 Dt. 13.03.13

To,

The Member (P&V),

CBEC, North Block,

New Delhi.

Sub: DPC against the existing vacancies of Asstt. Commissioner.

Madam,

It is submitted with due regards that the contempt petitions filed in the Hon’ble Supreme Court by the Customs personnel and Pune Unit of the Association in C.A. No. 1198/05 and C.W.P. No. 385/10 have attained the finality yesterday on 12.03.13. Thus, now there is no obstacle to make promotions against the existing vacancies of Asstt. Commissioner.

2. As per the disposition list, 315 vacancies already exist in Central Excise and 126 in Customs at Asstt. Commissioner level as on 31.12.12. The said figures of vacancies should have even increased as on date on account of some more retirements after December, 12.

3. In view of the above, it is requested that the DPC for promotion to the post of Asstt. Commissioner may kindly now be conducted at an early date particularly keeping in view the large number of retirements of the Superintendents without promotion on regular basis.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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/A/13 Dt. 21.03.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Agitational programme.

Madam,

Kindly refer to the letter F. No. OSD/MPV/Supt. Asso. Dt. 26.02.13 of your goodself.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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/CR/13 Dt. 22.03.13

To,

Sh. P. Chidambaram,

The Hon’ble Finance Minister,

Govt. of India, New Delhi.

Sub: Cadre restructuring of CBEC.

Sir,

With due regards, your kind attention is invited to the extraordinarily acute stagnation of the Inspectors and Superintendents of Central Excise who are forced to retire in PB2 while their common entry counterparts are easily entering PB4. It is also well pertinent to submit that these officers were not aware of the career prospects at the time of applying for the job on account of nothing being mentioned in this regard in the advertisement meant for the recruitment. They opted for the post of the Inspector of Central Excise only due to the impression of the same being the “best of other posts” on account of being advertised on the top at that time on the analogy of IAS being mentioned on top of others advertised for Indian Civil Services recruitment for group ‘A’ services.

2. It is further submitted with due regards that 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. Only the stature of IRS is being taken care of in the ongoing cadre restructuring instead of taking some effective measures for the most stagnated category of employees under the government of India, i.e., Superintendents of Central Excise who are retiring only with single promotion in their service career after entering into the job as Inspector. The IRS officers are being granted parity with their common entry counterparts of other departments to promote their direct recruit Asstt. Commissioner to the post of Commissioner within qualifying service of 17 years but no measures are being taken either to grant the parity to the Superintendents/Inspectors with their common entry counterparts or to promote them to the entitled grades in consonance of the qualifying services as prescribed under DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09.

3. The 4896 posts of AC/DC were approved by the then Finance Minister as well as the Expenditure Department purely on the basis of minimum bare functional requirement of 2010-11 which were scaled down later on to merely 3600 being worried only about the stature of IRS. Thus, even the minimum bare functional requirement was sacrificed on account of IRS stature instead of taking care of the extraordinarily acute stagnation or stature of the service of Inspectors/Superintendents of Central Excise. It would rather have been vey kindful keeping in view “the worst” career prospects of Central Excise Inspectors/Superintendents, if the promotional posts for these officers might also have been increased at least in the proportion of the existing promotional posts for their common entry counterparts of CSS where 1462 posts of Under Secretary (Senior Time Scale equivalent to Deputy Commissioner) exist for 3018 Section Officers (equivalent to Superintendent) without promoting them to any junior Time Scale post. The above 3018 posts of Section Officers are meant for 6387 Assistants (equivalent to Inspector). Further promotional avenues are available to them in the form of 340 posts of Deputy Secretary (equivalent to Joint Commissioner), 220 posts of Director (equivalent to Addl. Commissioner), and 40 posts of Joint Secretary (equivalent to Commissioner).

4. Even if talked in terms of functional justification, any decrease in 4896 posts of AC/DC will unstrengthen the Service Tax, audit, preventive, anti-evasion, anti-smuggling & anti-narcotics set-ups affecting adversely the indirect tax collection. It will also increase the possibility of smuggling activities, infiltration of contrabands and lethal weapons posing serious threat to the security of the Nation due to the shortage of working hands at the level of AC/DC. Introduction of negative list in Service Tax requiring exclusive formations, 24x7 Customs clearance operations with increased number of stations (opening of new ICD’s, sea ports, air ports, Customs check posts etc.) for operating in 4 shifts and planning of more LTU’s etc. have already increased the workload requiring many fold working hands at AC/DC level. In the time of trade friendly liberalised tax policy and self assessment of tax, we also need to strengthen the audit and preventive set-ups multifold to prevent the revenue evasion by revenue offenders. If it is assumed that we require minimum bare possible 15 audit and preventive/antievasion groups each per Commissionerate on an average headed by AC/DC for proper tax governance, at least 6000 AC/DC’s are needed only for this work. We need even more in the field of adjudication because the Superintendents (instead of AC/DC’s) are already forced to adjudicate the pending cases. One additional AC/DC may be posted at every divisional level for this sole purpose. Even group system may also be adopted at least for Service Tax to be headed by AC/DC for efficient tax administration requiring sufficiently more number of officers at this level.

5. In view of the above, it is requested not only to revive 4896 posts (keeping all of these intact for at least 5 years only for promotee officers) of AC/DC under ongoing cadre restructuring as approved by the Expenditure two years ago but also bring some specific measures even independent of cadre restructuring to grant the parity to the Inspectors/Superintendents of Central Excise with the common entry counterparts of CSS enabling these officers also to retire in PB4.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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/A/12 Dt. 02.04.13

To,

Sh. P. Chidambaram,

The Hon’ble Finance Minister,

Govt. of India, New Delhi.

Sub: March to FM residence on 12.04.13 and mass resignations on 30.04.13-intimation reg.

Sir,

Kindly refer to the Ref. No. 93/A/12 Dt. 31.12.12, 27/H/13 Dt. 04.03.13, 33/A/12 Dt. 18.03.13 and 34/A/12 Dt. 19.03.13 of the Association.

2. It is submitted with due regards that our officers are retiring in PB2 after getting only one promotion in the service career while other common entry counterparts of ours are retiring in PB4 after getting 5-6 promotions. We are deprived of the appropriate pay scale/pay band & grade pay and facing the worst career prospects. Our officers are getting promotion (if any) merely to Junior Time Scale while other counterparts of CPWD, CSS etc. are getting to Senior Time Scale. The employee grievance redressal mechanism has totally failed. We are forced to work under the extreme juniors of Customs belonging to the same cadre. All of our officers are totally demoralised and have nothing to be job-satisfied or motivated. If career prospects were disclosed in the recruitment advertisement, we would have never joined this job. The rights to grow, make progress and live with dignity have been snatched from us. There is no change in the scenario till date despite of the decades-long representations, pleadings and requests of the Association and also our duties being performed by us like the most obedient & responsible employees. It is, therefore, intimated that-

(i) The officers from all over India will gather at Jantar Mantar in Delhi 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.

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 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.

(RAVI MALIK).

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. All proposed posts to be approved permanently and be filled-up by promotions only alongwith all posts likely to be lied vacant within 5 years of implementation of cadre restructuring without any direct recruitment in group ‘A’ during the period.

2. Parity with other counterparts of CSS, CBDT etc. either in the cadre restructuring or independent of it to retire our officers also in PB-4.

3. Immediate fulfilment of the commitments like “creation of separate service for group ‘B’ executive officers”, “promotion of group ‘B’ gazetted executive officer directly to STS like CSS”, “all Inspectors, PO’s & Examiners of same year should be brought to same level of promotion”, ‘all the vacancies of cadre restructuring to be filled up by promotions & extend this benefit for more than 1 years”, ‘minimum qualifying service for promotion to gazetted post should be uniform for Inspector, PO & Examiner” etc. etc. 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 by framing “just, fair & equitable” recruitment rules and abiding all the ad hoc promotions with the same duly granting notional promotions to the seniors of Central Excise whose juniors of Customs have already been promoted.

6. 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.

7. Time-scale in PB3 instead of PB2 to the Superintendents completing 4 years of service and next promotions to all Superintendents directly to the post of Deputy Commissioner (STS post) to maintain parity between the officers of headquarters organisations & field offices. Also counting of regular service in non-discriminatory manner as compared to CSS 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 on account of the originating source (i.e., 6^th CPC) being the same.

9. Finalisation of in-situ promotion scheme under consultation of the Association.

10. Holding of regular minuted meetings under employee grievances redressal mechanism.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 51/M/12 Dt. 10.04.13

To,

Sh. Sumit Bose,

The Secretary, Department of Revenue,

North Block, New Delhi.

Sub: Cadre restructuring of CBEC.

Sir,

It is submitted with due regards that the ongoing cadre restructuring of CBEC was started in 2006 but is still pending even after 7 yaers. As per DOPT guidelines, even the next cadre restructuring should have been started after 5 years but our officers are forced to retire without promotion waiting for the ongoing one too. The Superintendents/Inspectors of Central Excise are retiring with only one promotion in their service career barring 1.67%. Now in the year 2013-14, the work-load in CBEC has already increased multifold 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, 24*7 working etc. In last 3 decades, it is the only 2nd cadre restructurings to be 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 more cadre restructurings should have been happened.

2. The Public Accounts Committee in its 79th Report on the topic "Service tax on Banking and other Financial Services" submitted to both Lok Sabha and Rajya Sabha on 21.03.13 has at Para XVI of Part-B to Part-I has discussed in details about the staff position in Service Tax under CBEC. At Para 18 of Part-II, the PAC has observed as under-

"The Committee note that there is a lack of perspective planning in the matter of deployment of staff on such a vital source of revenue collection viz., Service Tax. Taking into consideration the amount of revenue collected from Service Tax and Central Excise during the year 2011-12, the Committee are surprised to find that in contrast to the deployment of nearly 40,000 officers for excise, only 4000 to 5000 officers have been deployed for Service Tax stream and that too after withdrawing from the Central Excise stream. Apparently, Service Tax wing has been working for more than 15 years, with no staff of its own. The Committee are dismayed to note the helplessness expressed both by the Finance Secretary and Chairman, Central Board of Excise & Customs in this regard especially when, Ministry of Finance is itself one of the nodal authorities for examining and sanctioning requisite staff to Ministries. The Committee feel that the staff requirement be examined on priority basis by the concerned authorities in order to ensure that the Service Tax collections, which have increased phenomenally from Rs. 407 crore in 1994-95 to Rs. 97,389 crore in 2011-12 does not suffer for want of human resource.

3. Above report justifies the more than 20 times increase of the officers on functional basis against the existing sanctioned strength of merely 2000 in Service Tax only. In addition to it, Central Excise and Customs also require multi-times increase in the number of the officers. Further, the CBEC has not only achieved the revenue target for the year 2012-13 but remained well ahead of it in the present time of recession. On account of it, the officers of CBEC deserve a far better deal in r/o their career prospects.

4. In view of the above, it is requested that the necessary steps may kindly be taken for immediate approval and implementation of the ongoing cadre restructuring of CBEC in time-bound manner. Not only it, the necessary measures may also kindly be taken independent of cadre restructuring to grant the parity to the Superintendents/Inspectors of Central Excise with their common entry counterparts of CBDT, CSS etc. on the lines of parity granted and being granted to the IRS officers of CBEC with their common entry counterparts. It is worth to submit that the Assistants in CSS & Rajya Sabha and Inspectors of Income Tax are reaching the level of Joint Secretary/Commissioner in PB4 while our officers are retiring in PB2. 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. Even in our own organization of CBEC, the Examiners are reaching the level of Addl. Commissioner. Even the pension of our counterparts is more than our salaries and we are also at the loss of irreparable social respect. It is also worth to submit that 1992 Examiners in CBEC and 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’. It is, therefore, also requested that our officers may also kindly be got retired in PB-4 like our common entry counterparts adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service or any other specific measure/s including batch to batch non-functional financial upgradation.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 52/M/12 Dt. 10.04.13

To,

Sh. Namonarayan Meena,

Hon’ble Minister of State, Department of Revenue,

North Block, New Delhi.

Sub: Cadre restructuring of CBEC.

Sir,

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 53/M/12 Dt. 10.04.13

To,

Sh. P. Chidambaram,

Hon’ble Minister of Finance, Govt. of India,

North Block, New Delhi.

Sub: Cadre restructuring of CBEC.

Sir,

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 54/A/13 Dt. 10.04.13

To,

Sh. P. Chidambaram,

The Hon’ble Finance Minister,

Govt. of India, New Delhi.

Sub: Deferment of the march to FM residence.

Sir,

Kindly refer to the Ref. No. 93/A/12 Dt. 31.12.12, 27/H/13 Dt. 04.03.13, 33/A/12 Dt. 18.03.13, 34/A/12 Dt. 19.03.13 and 44/A/12 Dt. 02.04.13 of the Association.

2. It is submitted with due regards that the following steps were intimated vide Ref. No. 44/A/12 Dt. 02.04.13 of the Association to your goodself to be observed by the Superintendents of Central Excise under their ongoing Satyagraha programme-

(ii) All of our officers throughout the country will submit their resignations on 30.04.13 under protest.

3. In view of the positive developments being occurred in the ongoing cadre restructuring of CBEC under your kind control, the Satyagraha programme of 12.04.13 has been deferred.

Thanking you,

Yours faithfully,

(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.

(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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 56/Assn/13 Dt. 11.04.13

To,

Ms. Mamta Kundra,

Joint Secretary, Establishment,

DOPT, North Block, New Delhi.

Sub: Posting of Association functionaries.

Madam,

Kindly refer to the earlier communications of the Association vide its Ref. No. 11/Assn/12 Dt. 09.08.12, 16/Assn/12 Dt. 13.08.12, No. 21/Assn/12 Dt. 22.08.12 and 32/Assn /12 Dt. 10.09.12.

2. It is submitted with due regards that this Association representing the gazetted officers namely the Superintendents of Central Excise is duly recognised by the Central Board of Excise & Customs (CBEC) vide F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08. It is having its zonal branches throughout India under various cadre controlling authorities.

3. It is further submitted that the letter No. 2/7/88-CS(IV) dt. 19.08.08 of DOPT says that the Union functionaries including of the Branch Unit of the recognized Union/Association should not be shifted to subordinate office outside the main office of the cadre control authority/ministry/department including other building. But this benefit is not being granted to the Association functionaries of the Zonal Units under the Central Board of Customs & Excise particularly at Chandigarh and Bangalore Zones.

4. Your kind attention is also invited to the letter No. 9/34/87-JCA dt. 08.03.88 of DOPT saying against S. No. 3 of the clarifications that 3 office bearers should be given the benefit of staying at headquarters office. It is also well pertinent to submit that our counterpart gazetted officers namely the Section Officers of CSS are being granted all of the above stated benefits but the Superintendents of Central Excise are not being granted the said benefits.

5. The object of the formation of the staff Associations is to promote harmonious relationship between the administration and staff-side to secure the greatest measure of cooperation in the matters of common concern and increase the efficiency of public service combined with the welfare of the employees. Accordingly, it becomes obligatory that the Association functionaries should remain available to the staff side at the headquarters office of the concerned cadre controlling authority or Association headquarters itself. It is necessary that the staff side representatives are able to participate fully in the deliberations of the council set up under the employee grievance redressal mechanism. If the staff side Association functionaries are transferred to a far-off place, it is obviously difficult for them to participate effectively in the concerned employee grievance redressal meetings/Association welfare activities. Moreover, it will also be difficult for them to maintain contact with the employees whom they represent and they will not be able to take up the employee grievances with the concerned authorities due to the delinking of the relationship between the administration & staff Association.

6. 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. The Chandigarh branch of the Hon’ble CAT has also observed in the verdict given in the OA No. 462/CH/2012 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 by the highest authority in the hierarchy which is the Chairperson of CBEC or Revenue Secretary. But very unfortunately, the Chief Commissioner of Chandigarh Zone is acting as deciding authority in totally arbitrary manner. It is nothing but gross injustice and harassment to the Association functionaries. Thus, the zonal Association functionaries are to be treated above the branch level (Divisions in Central Excise) at par with the all India Association functionaries.

7. It is further submitted that the said benefit of not transferring the Association functionaries including of the Branch Units at Zonal levels of attached & subordinate offices was being granted by CBEC for decades as is also evident vide point No. VI of the F. No. 35012/28/92-AD-III-B dt. 30.06.94. The source of this benefit was the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69, the basic authority in the matter, saying that it should be observed strictly read with further amendments.

8. As per the decades long established practice also, the Association functionaries including the Zonal office bearers were never being transferred to outside by the cadre controlling authorities scattered as attached & subordinate offices of CBEC throughout the country. These attached & subordinate offices/cadre controlling authorities/Zones may spread through more than one States, e.g., Delhi Zone is spread over Delhi & Haryana States while the Chandigarh Zone is spread over Punjab, Himachal Pradesh and Jammu & Kashmir States and also the Chandigarh Union Territory. The spreading of the Zones over more than one states also proves that the Branch Unit level Association functionaries under CBEC also bear All India status but none of them is being granted the due benefits.

9. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as 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 Zonal Branch unit Association functionaries are being denied the prescribed benefits by the cadre controlling authorities at a few Zones under CBEC for the want of the issuance of the specific consolidated guidelines by DOPT. The decades long practice of granting the said benefits to them has been stopped all of a sudden in totally arbitrary and unjust manner.

10. In view of the above, it is requested that the consolidated instructions/guidelines may also kindly be issued in the case of the Superintendents of Central Excise on the lines of the letters No. 2/7/88-CS(IV) dt. 19.08.08 and 9/34/87-JCA dt. 08.03.88 of DOPT granting all the benefits to their Association functionaries including the levels of Branch Units to revive the employee grievances redressal mechanism in CBEC.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 58/M/12 Dt. 15.04.13

To,

The Secretary,

Department of Personnel & Training,

North Block, New Delhi.

Sub: Cadre restructuring of CBEC-request for appointment.

Sir,

It is submitted with due regards that the ongoing cadre restructuring of CBEC was started in 2006 but is still pending even after 7 years. As per DOPT guidelines, even the next cadre restructuring should have been started after 5 years but our officers are forced to retire without promotion waiting for the ongoing one too. In last 3 decades, it is the only 2nd cadre restructuring to be held in CBEC while, as per norms, at least 6 cadre restructurings should have been happened. Even after the last cadre restructuring of 2002, two more cadre restructurings should have been happened. The Superintendents/Inspectors of Central Excise are retiring with only one promotion in their service career barring 1.67% for the want of timely cadre restructurings despite of the DOPT guidelines that the cadre restructuring should be viewed to mitigate the stagnation of stagnated cadres.

2. In view of the above, it is requested that the necessary steps may kindly be taken for immediate approval and implementation of the ongoing cadre restructuring of CBEC in time-bound manner. It is also requested that the Association may kindly be granted an appointment to make the due submissions in person on the issue.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 59/M/12 Dt. 15.04.13

To,

Ms. Renu K. Jagdev,

ADG (HRM), Directorate General of HRD,

CBEC, Rajendra Place, New Delhi.

Sub: Merger of three Group ‘B’ Executive Non gazetted cadres into one cadre-regarding.

Sir,

Kindly refer to your Letter F. No. 8 / B / 44 / HRD (HRM) /2011 Pt.1/996 Dt. 04.04.12 received yesterday on 14.04.13 in the evening on the above mentioned subject.

2. It is submitted with due regards that the Inspectors of Central Excise, Preventive Officers and Examiners of Customs all are mentioned as Inspector only (belonging to one & the same single cadre of Inspector) in the recruitment rules as below-

i) Inspector of Central Excise & Land Customs.

ii) Inspector (Preventive Officer) and

iii) Inspector (Examiner).

3. It is very clear from the above that the Inspector of Central Excise is mentioned as Inspector of Land Customs too in the recruitment rules. Thus, he/she doesn’t only perform the duties relating to Central Excise & Service Tax but also relating to Customs. All of the above 3 categories of Inspectors are promoted to the post of Superintendent of Central Excise & Land Customs, Superintendent of Customs and Appraiser of Customs respectively and re-merged as Asstt. Commissioner at group ‘A’ entry level belonging to one & the same single cadre. But the Inspector of Central Excise & Land Customs is placed far behind of the Examiner during this process of promotion to the post of Asstt. Commissioner. As a result, the Inspector of Central Excise & Land Customs of same year becomes junior even by 20 years to the Inspector (Examiner) despite of being recruited through one & the same recruitment examination in one & the same organization of CBEC of one & the same Department of Revenue under one & the same Ministry of Finance. As a consequence, the officers joining as Inspector in 1974 is still waiting to enter group ‘A’ while the Examiner of 1992 has already entered group ‘A’ in 2010-11. It is also well pertinent to mention that the Ist category of officers are performing more bulk of Customs work under the Central Excise formations than the later categories. This very well implies that the Ist category of officers are more expert than the later ones not only in Customs work but they also look after the work of Central Excise & Service Tax while later ones have no exposure to any work relating to Central Excise & Service Tax. Due to the faulty recruitments rules & discriminatory promotional policy; the officers belonging to Central Excise & Land Customs are forced to work under their extreme juniors of Customs (Examiners and Appraisers) even by 20 years.

4. The stagnation being faced by the Central Excise executive officers has very well been admitted by CBEC in the meetings of the board held on 12.01.11 and 18.02.11. It has also very well been admitted by CBEC that the Central Excise executive officers are retiring with single promotion in their service span of 35 years while the Examiners of Customs are reaching the level of Additional Commissioner. This difference in promotions by 17 years has also very well been admitted in the said minuted meetings saying that the 1992 batch Examiner while 1975 batch Inspector only has been promoted to the post of Asstt. Commissioner. They have very well admitted that the Central Excise executive officers are retiring even without second promotion due to the gap of 17 to 18 years in entering group ‘A’ between the Inspector and Examiner. They have also very well admitted the disparities in promotions between them in the minutes of the meetings alongwith the requirement of giving equal opportunity for promotion to group ‘A’ to these officers.

5. The mere simple merger or preparation of unified seniority list will never undo the above said disparities. These disparities can only be removed by bringing all the Inspectors, Preventive officers and Examiners of same year to the same level of promotion as also admitted by the CBEC on 18.01.11 during the presentation on cadre restructuring saying that the matter is already under examination. They have also rejected the counting of combined length of service or implementation of base cadre seniority for promotion to group ‘A’ in the Board meeting held on 12.01.11. Thus, the implementation of the unified seniority list or combined length of service or base cadre seniority can never be fruitful before bringing batch to batch parity in promotions amongst the officers belonging to all of 3 categories of single cadre of Inspector.

6. 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 in consonance of 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 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 the CBEC during the presentation of cadre restructuring proposal made 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 required number of vacancies can be solved by creation of the supernumerary posts or even by in-situ promotions (counting the in-situ service for further promotions). Regarding time bound promotions, the CBEC itself recommended to the 6^th CPC granting time scale after every 7 years to executive officers as one of the measures to solve the problem which may kindly be utilised now following its own recommendations by CBEC. Accordingly, it is requested that the new RR’s may kindly be framed prescribing qualifying service as follows on the basis of the above mentioned OM of DOPT unifying all of 3 categories into single stream (without trifurcating the single cadre) at group ‘B’ non-gazetted (Inspector) as well as group ‘B’ gazetted (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 5,400/-. It is also submit-worthy 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.

(v) 23 years for promotion to the HAG after joining as Inspector and so on.

7. In addition to the above qualifying services and keeping in view the acute stagnation of the Central Excise executive officers, there should kindly be incorporated the permanent provisions in the recruitment rules at every level to promote the 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 on the lines of 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.

8. It is also requested that the Association may kindly be granted an appointment to make the due submissions in person on the issue.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 60/M/13 Dt. 18.04.13

To,

Sh. Sumit Bose,

The Secretary, Department of Revenue,

North Block, New Delhi.

Sub: Acute stagnation of Central Excise Superintendents.

Sir,

The Association and its all members are very much thankful to your goodself for the effective steps taken to get the long pending cadre restructuring proposal of CBEC approved by the Finance Minister.

2. It is further submitted with due regards that the ongoing cadre restructuring of CBEC was started in 2006 but is pending even after 7 years despite of the due approval by the former Finance Minister as well as your goodself during your stint as the Secretary of Finance. It is the only 2nd cadre restructurings to be happened in the history of CBEC while, as per norms, at least 6 cadre restructurings should have been happened in last 30 years. Even after the last cadre restructuring of 2002, two more cadre restructurings should have been happened.

3. As already communicated to your goodself through various communications including the oral submissions made on 03.12.12, Central Excise Superintendents are retiring in PB2 post with only one promotion in their service career barring 1.67% after starting the job as Inspector. They are very much apprehended about the fate of the ongoing cadre restructuring particularly being retired regularly on mass level without further promotion. They have their own reasons to apprehend because of the process being dumped after being started in 2006. It was again dumped in 2011 despite of the clearance by the Expenditure and Hon’ble Finance Minister. Moreover, the number of posts have been reduced instead of increase as compared to the clearance made during your stint as the Expenditure Secretary while the functional requirement has now substantially increased on account of introduction of negative list in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations, 24*7 working etc. as compared to 2010-11.

4. It is also worth to submit that the Assistants in CSS & Rajya Sabha and Inspectors of Income Tax are reaching the level of Joint Secretary/Commissioner in PB4. 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 reach the group ‘B’ gazetted level. Even in our own organization of CBEC, the Examiners are reaching the level of Addl. Commissioner. Even the pension of our above mentioned common entry counterparts is more than our salaries and we are also at the loss of irreparable social respect. The 1992 Examiners in CBEC and 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’.

5. In view of the above, your goodself is very much requested to use your kind & effective influence for immediate approval of the ongoing cadre restructuring of CBEC in time-bound manner from the cadre review committee as well as the group of Ministers/cabinet as every single day is important for our retiring officers. Not only it, the necessary measures may also kindly be taken independent of cadre restructuring to grant the parity to the Superintendents/Inspectors of Central Excise with their common entry counterparts of CBDT, CSS etc. on the lines of parity granted and being granted to the IRS officers of CBEC with their common entry counterparts to enable our officers got retired in PB-4 like other common entry counterparts adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, in-situ promotions (requiring no creation of posts) or any other specific measure/s including batch to batch non-functional financial upgradation (on the lines of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFFU to other group ‘A’ officers at par with IAS).

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 61/Assn/13 Dt. 18.04.13

To,

Ms. J. M. Shanti Sundharam,

Member, Bangalore Zone,

CBEC, North Block, New Delhi.

Sub: Posting of Association functionaries.

Madam,

It is submitted with due regards that the General Secretary of Bangalore Unit of the Association, Sh. G. Srinath, has been transferred to Mysore out of Bangalore Headquarters vide Estt. Order No.46/2013 dt. 27.03.13.

2. In this regard, the kind attention of your goodself is invited to the point No. VI of the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs”. It is further submitted that the point No. VI of above communication very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 should be observed strictly read with further amendments, if any. As per the said OM of DOPT, the General Secretary of the Association is not to be transferred out of Headquarters office. It is also worth to submit that Sh. G. Srinath has yet to complete his Bangalore tenure. It will be gross injustice with him to transfer outside Bangalore without completion of the tenure.

3. In view of the above, it is requested that the transfer orders of Sh. G. Srinath to Mysore may kindly be cancelled and he may be retained at Bangalore itself.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 62/Assn/13 Dt. 18.04.13

To,

Ms. A. K. Prasad,

Chief Commissioner of Central Excise, Bangalore Zone (additional charge),

S 1 & S 2, Vinaya Marga, Siddhartha Nagar,

Mysore-570011.

Sub: Posting of Association functionaries.

Sir,

3. In view of the above, it is requested that the transfer orders of Sh. G. Srinath to Mysore may kindly be cancelled and he may be retained at Bangalore itself.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 64/S/13 Dt. 25.04.13

To,

The Secretary,

Department of Personnel & Training,

North Block, New Delhi.

Sub: Acute stagnation of Central Excise Superintendents.

Sir,

It is submitted with due regards that the ongoing cadre restructuring of CBEC was started in 2006 but is still pending even after 7 years. As per DOPT guidelines, even the next cadre restructuring should have been started after 5 years but our officers are forced to retire without promotion waiting for the ongoing one too. It is further submitted that the Superintendents of Central Excise are retiring with only one promotion in their service career of 35-40 years barring 1.67% after joining the job as Inspector. In the history of CBEC, it is the only 2nd cadre restructurings to be happened. While as per norms, at least 6 cadre restructurings should have been happened in last 3 decades. Even after the last and only one cadre restructuring of 2002, two more cadre restructurings should have been happened.

2. It is also worth to submit that our officers are already 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-categories, i.e., Inspector (Central Excise & Land Customs), 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/Superintendent (Central Excise & Land Customs) 20 years behind the Examiner (Inspector Customs)/Appraiser due to the discriminatory rate of promotion and faulty recruitment rules.

3. 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 are forced to retire on a post in PB2 itself. Thus due to the discrimination & disparity in promotions among common entry counterparts, even the pension of other counterparts is more than the salary of our officers and we are also at the loss of irreparable social respect. Even ACPS/MACPS is unable to undo this injustice. In this regard, it is also submitted that the Assistants in CSS & Rajya Sabha and Inspectors of Income Tax are reaching the level of Joint Secretary/Commissioner. 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. Even in our own organization of CBEC, the Examiners are reaching the level of Addl. Commissioner. It is also worth to submit that 1992 Examiners in CBEC and 1992 Inspectors of Income Tax have long back entered the group ‘A’ while our Inspector of 1974 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’.

4. The Standing Committee on Finance in its 52nd report 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 (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 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 time-bound manner."

5. In view of the above, it is requested that necessary steps may kindly be taken for immediate approval & implementation of ongoing cadre restructuring of CBEC in a time-bound manner as hundreds of our officers are retiring without promotion every month. Not only it, the necessary measures may also kindly be taken independent of cadre restructuring to grant the parity to the Superintendents/Inspectors of Central Excise with their common entry counterparts of CBDT, CSS etc. on the lines of parity granted and being granted to the IRS officers of CBEC with their common entry counterparts enabling our officers also to retire in PB-4 like other common entry counterparts of ours adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, in-situ promotions (requiring no creation of posts) or any other specific measure/s including batch to batch non-functional financial upgradation (on the lines of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFFU to other group ‘A’ officers at par with IAS).

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 65/NFFU/13 Dt. 25.04.13

To,

The Secretary,

Department of Personnel & Training,

North Block, New Delhi.

Sub: Non Functional Financial Upgradation to the Central Excise executive officers at par with the common entry counterparts of CSS.

Sir,

With due regards, your kind attention is invited to the DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting non-functional financial up-gradation (NFFU) to the officers of organised group ‘A’ Services at par with the IAS officers.

2. It is further submitted that CSS officers recruited as Assistant (Group-B, NG) in the Ministries get promotions and financial up-gradations in the grade of- i) SO with GP of Rs. 5400/- in PB3 after 4 years of service, ii) US (Grade-I) 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 (in-situ) with GP of Rs. 10000/-. However, their common entry counterparts joining the job as Inspectors of Central Excise etc. in CBEC recruited as Group-B (NG) through the same All India competitive examination get only one promotion in 35/40 years and non-functional financial upgradation under MACP scheme after 30 years with GP of Rs. 5400/- only. Thus, these Central Excise officers are not treated at par with the common entry counterparts of CSS even for the grant of NFFU. The common entry counterparts of CSS are retiring 4/5 grades above the Central Excise officers. On account of this, the Assistant grade common entry counterparts of CSS are getting 60% more pay than the Central Excise officers joining the job as Inspector. Even the pension of CSS common entry counterparts is more than the salary of the Central Excise officers. The officers joining the job as Inspector of Central Excise are recruited in PB2 and also retire with a PB2 post barring 1.67% while their common entry counterparts of CSS retire in PB4 after being recruited in PB2.

3. It is, therefore, requested that the officers joining the job as the Inspector of Central Excise may also kindly be granted non-functional financial upgradation (NFFU) at par with their common entry counterparts of CSS on batch to batch basis in the analogous manner of granting the non-functional financial up-gradation (pay parity) to all Group ‘A’ officers at par with IAS 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. 09437314941 mail Id: ravimalik_sweet@yahoo.com Mob. 09868816290

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/STS/13 Dt. 25.04.13

To,

The Secretary,

Department of Personnel & Training,

North Block, New Delhi.

Sub: Next promotion of Central Excise Superintendent in STS like other group ‘B’ gazetted officers.

Sir,

It is submitted with due regards that the most of gazetted officers in Central and State governments are being granted next promotion to a STS post (GP-Rs. 6600/-) while the Central Excise Superintendents are being promoted (if any) merely to a JTS post (GP-Rs. 5400/-). Their common entry counterparts in CSS are also being promoted to a STS post and also reaching the level of Joint Secretary (GP-Rs. 10000/-) on account of far better promotional avenues.

2. The Central Excise Superintendents are retiring merely in a PB2 post after joining job as Inspector while their common entry counterparts are retiring in PB4 after being entered into job also in PB2 itself. Only 1.67% of the Central Excise officers are able to enter group ‘A’ JTS at fag end of the career carrying a grade pay of Rs. 5400/- only and retire at the same level. Only 65% of them are able to get merely a grade pay of Rs. 5400/- after completion of 30 years or more service even under MACPS.

3. The Central Excise Superintendents are the ‘backbone of the government revenue’ on account of being the major collectors of the revenues for the government in the form of Central Excise duty, Customs duty and Service Tax and also GST in the forthcoming times. Thus in the actual terms, they are the ‘backbone of the government’ because of being responsible to earn the finance for the government.

4. The 6^th CPC has already intended to remove the disparities between the headquarters and field officers but nothing has changed the fate of the Superintendents of Central Excise. They are still totally ignored & discriminated in the matter of career prospects as well as pay in comparison to their counterparts despite of earning the major portion of the government revenues.

5. Not only in CSS but also in IAS, IPS, IFS, Rajya Sabha Secretariat, CSSS, AFHQS, Engineering Services, CPWD, State Services etc., their counterparts are being promoted to a STS post and also given seniority benefit in group ‘A’ at many places in lieu of service rendered by them in group ‘B’. For example, State Service officers in Southern States enter into IAS in a grade pay of Rs. 6600/- within 8 years with 4 years of seniority benefit while the Central Excise Superintendents are unable to enter IRS even after serving for 35-40 years. Whereas Central Excise Superintendents enter (if any) into IRS in a grade pay of Rs. 5400/- only and and retire at same level. Even time scale granted to them after 4 years of service is in PB2 while it is in PB3 for other group ‘B’ gazetted officers.

6. In view of the above, it is requested that the Central Excise Superintendents may also kindly be given next promotion directly to a STS (grade pay of Rs. 6600/-) post like many of their counterparts in Central as well as state governments including CSS etc.

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: ravimalik_sweet@yahoo.com Mob. 09868816290

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/13 Dt. 26.04.13

To,

Sh. P. Chidambaram,

The Hon’ble Finance Minister,

Govt. of India, New Delhi.

Sub: Deferment of the mass resignation programme of 30.04.13.

Sir,

Kindly refer to the Ref. No. 44/A/12 Dt. 02.04.13 of the Association.

2. Keeping in view some positive movements particularly in regard of cadre restructuring, it is submitted with due regards that the mass resignation programme of 30.04.13 is being deferred. It is, however, requested that the cadre restructuring process may kindly be expedited and speeded up keeping in view the hundreds of retirements of our officers every month without promotion. The general feelings are that the things are moving at slower pace even after the due clearance by your goodself on 12.03.13 and our officers are retiring regularly after single promotion in the service career of 35-40 years as compared to 5/6 promotions being granted to their common entry counterparts. Around 25% of our officers will be able to get at least IInd promotion in junior time scale at the fag end of the career as a bit solace, if the cadre restructuring is implemented in the form as approved by your goodself. No need to submit that they are already getting the grade pay of the next post on account of ACPS. Thus, their promotion will place no financial burden on the government.

3. It is also requested that some specific measures may also kindly be taken independent of cadre restructuring to grant parity to our officers with their common entry counterparts of CSS etc. on the lines of parity granted to the IRS officers of CBEC with the IRS officers of CBDT in the last cadre restructuring and being granted with other better placed group ‘A’ cadres under the ongoing one. This parity may be granted to our officers by taking the measures like time bound promotions, notional promotions, creation of supernumerary posts (requiring no permanent posts), creation of separate service, in-situ promotions (requiring no creation of posts) or any other specific measure/s including batch to batch non-functional financial upgradation at par with CSS etc. (on the lines of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFFU to other group ‘A’ officers at par with IAS).

Thanking you,

Yours faithfully,

(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.

(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: ravimalik_sweet@yahoo.com Mob. 09868816290

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/13 Dt. 29.04.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Meeting of 21.03.13, 28.03.13 & 18.04.13.

Madam,

It is submitted with due regards that your goodself was pleased to assure the Association redressing following grievances immediately alongwith appealing for deferment of our agitational programme-

(1) Immediate steps for approval of cadre restructuring without cut as cleared by Expenditure.

(2) ACPS/MACPS clarification regarding offset of one upgradation with time scale.

(3) DPC against existing vacancies of Asstt. Commisioner.

(4) Implementation of Dharmvir Gupta letter regarding arrears of pay.

(5) Recommendations to Expenditure in r/o Expenditure letter regarding antedating of pay scale and next promotion of Superintendent to STS post.

2. You were also pleased to assure that other grievances would be redressed at the earliest and next meeting under employee grievance redressal mechanism would also be held very soon before expiry of 3 months of previous meeting held on 31.01.13. In the last meeting of 18.04.13, you were also requested to direct the field formations to follow the point No. VI of the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 regarding the transfer and posting of the office bearers of the Association.

3. But very unfortunately, none of the assurance given by your goodself has been fulfilled and all of our grievances remain un-redressed till the moment despite of repeated requests of the Association prior to as well as after the subject-mentioned meetings. It gives the mere impression that our own authorities are non-serious about the redressal of staff grievances due to the reason/s best known only to them. Everyrhing regarding Central Excise executive staff grievances has been moving with the slowest possible pace (rather zero pace) in our Board for decades. We were expecting a bit change in the scenario after the repeated assurances given by your goodself but the outcome is same like ever.

4. The cadre restructuring was re-approved by the Hon’ble Finance Minister on 12.04.13 and it was expected to be sent to the cadre review committee (COS) immediately. But it is hanged with the Expenditure as on date thanks to our Board to be able sending it very belatedly to them on 26.04.13 despite of it already being approved by the Expenditure in 2011 itself.

5. In view of the above, you are very much requested to kindly have a serious look not only into the above submitted grievances but also many others for immediate redressal.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 70/M/13 Dt. 29.04.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Parity with common entry counterparts of CSS etc. to retire our officers in PB-4.

Madam,

Kindly refer to the minutes drawn against point No. 4 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. First of all, it is submitted with due regards that no decision of ‘submitting a proposal by Association’ was taken in the meeting and the decision has been distorted as usual to divert the issue. The ADG, HRD was already directed to work out the formula to undo the said discrimination during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter but nothing has been initiated till date.

3. It is further submitted that our common entry counterparts are easily reaching the PB4 while our officers are retiring regularly on a post merely in PB2. Others are retiring at the level of Commissioner/Joint Secretary while we are retiring at the level of Superintendent. Even their pension is more than our salary. 1992 Examiners & 1992 Inspectors of Income Tax have long back entered group ‘A’. 1997 Assistants have long back entered to senior group ‘A’ while our Inspector of 1974 is still waiting even to enter the junior group ‘A’. 1987 Assistant of CSS has been promoted to the post of Deputy Secretary (our JC) and 1985 Assistant of Rajya Sabha Secretariat to the post of Director (our ADC).

4. The Association has already made so many submissions on the issue. However, it is further submitted that the parity is very well possible by the implementation of OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of DOPT in its true spirit which clearly stipulates the promotion of our Inspector to the grade of Joint Commissioner, Addl. Commissioner, Commissioner & so on after the service of 12, 17, 20 & so on respectively. During the presentation of cadre restructuring proposal before the staff Associations on 18.01.11, the CBEC showed its inability to implement the same due to the want of required number of posts/vacancies. In this regard, it is submitted that the above said OM has not been issued merely for decoration purpose. The government is duty bound to follow the every communication of its own including this one. If it is said that the required number of posts/vacancies are not available, the parity may be granted by the creation of supernumerary posts (requiring no permanent posts) or by means of at least in-situ promotions (requiring no creation of posts). The in-situ promotion schemes are already in the practice as department/organisation specific measures at many places like CSS, Rajya Sabha Secretariat, Scientific organisations to remove stagnation and grant promotions to their employees upto the highest level. The parity is also very well possible by adopting the measures like time bound promotions (also recommended to 6^th CPC by CBEC granting of time scale after every 7 years to our officers), notional promotions, creation of separate service, direct promotion to higher post/s or any other specific measure/s.

5. Thus, the new recruitment rules should be framed in the light of the preceding para prescribing the qualifying service as under without trifurcating cadre at group ‘B’ non-gazetted as well as group ‘B’ gazetted level–

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector.

(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) and so on.

6. In addition to the above qualifying services and keeping in view the extraordinarily acute stagnation of the Central Excise executive officers, there should kindly be incorporated the permanent provisions in the recruitment rules at every level to promote the officer automatically to the next higher grade (even on in-situ basis), if his/her stagnation in a grade reaches one & half times of qualifying service. Such provisions may be created on the lines of the precedent of promoting all the Section Officers (equivalent to our Superintendent) of CSS to the post of Under Secretary (equivalent to our Deputy Commissioner) after completion of one & half times of qualifying service in 1999.

7. Even as last option, at least the financial parity on batch to batch basis may also kindly be attained by the grant of non-functional financial upgradation (on the lines of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFFU to other group ‘A’ officers at par with IAS) at par with the common entry counterparts of CSS etc. No law of the land permits that only group ‘A’ officers deserve the benefit of parity and the group ‘B’ and other officers would be deprived of it. Moreover, we are not demanding the parity with group ‘A’ officers but we are demanding parity with only group ‘B’ officers on account of ourselves not only being the most stagnated category of Central Govt. employees but also performing the most important work of revenue collection for the Govt. It is also worth to mention that the revenue officers are not only well placed in State Governments and other countries throughout the world but they are also well placed in CBDT of same department of Revenue under same Ministry of Finance in our own country.

8. In view of the above, your goodself is very much requested to have a serious look on the issue and do needful on immediate & urgent basis.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 72/M/13 Dt. 30.04.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Initial grade pay of Rs. 5,400/- in PB3 to Central Excise Superintendents w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts.

Madam,

Kindly refer to the minutes drawn against point No. 7 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. First of all, it is submitted with due regards that no decision of ‘submitting a detailed proposal by Association’ was taken in the meeting and the decision has been deviated in the minutes as usual. It is further submitted that the Association has already submitted various representations on the issue. It was decided during the meeting of 15.03.12 that the issue would again be taken up with the Department of Expenditure. You were also pleased to assure the Association of doing the needful in the matter during the meeting of 02.12.12 but nothing has been initiated till date. However, the due submissions are again being made under the forthcoming paras expecting that the issue would be resolved this time at an early date.

3. The Committee constituted to look into the disparities of pay-scales and other grievances of the Group ‘B’ and ‘C’ executive staff of CBEC & CBDT arising out of the recommendations of the 5^th CPC admitted the job contents and nature of the duties of Superintendent of Central Excise to be similar to the Deputy Central Intelligence Officer in IB, DSP in CBI, Chief Enforcement Officer in Directorate of Enforcement, Superintendent of NCB, UT Civil and Police Services (DANICS & DANIPS) etc. This Committee, however, recommended the scale of Rs. 7,500-12,000/- for our officers w.e.f. 21.04.04 admitting that it could not recommend the scale of Rs. 8,000-13,500/- on the ground that this pay scale is of the initial level of Group ‘A’ and the Appraisers of Customs are also recruited through the same Civil Services Examination through which Group ‘A’ IC&CES/IRS officers are also recruited, this will obviously create difficulties from the operational point of view of fitting them into the overall structure of the department. It is submitted in this regard that the logic does not stand good now because the direct recruitment of the Appraiser of Customs has already been stopped through the Civil Services Examination since the last cadre restructuring as per the Cabinet decision.

4. Our counterparts in IB, CBI etc. had already been granted a pay scale of Rs. 8,000-13,500/- prior to VI CPC. They were not only granted the scale of group ‘A’ but also granted group ‘A’ status. They are not only getting the higher pay scales but also one month extra salary in a year as well as 25% special pay per month. On the contrary, we have been ignored totally despite of the fact that the investigation & intelligence work being done by CBI, IB etc. is an integral and constitutes merely one part of our multi-functional duties not only in our routine work but also in DRI and DGCEI etc. We are also doing the work of enforcement, judicial, executive, anti-evasion, anti-smuggling etc. nature alongwith the investigation & intelligence work. This is the only reason that we are entitled to go to their department on deputation while they are not entitled to come to our department because of their duty being merely a single part of our duties.

5. The 6^th CPC under the para 7.15.24 of its report has also stated that “the Chief Enforcement Officer has traditionally been on par with the ITOs/analogous 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.” It is worth to mention in this regard that 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 under our own Department of Revenue. As already submitted, the Deputy Central Intelligence Officer in IB and DSP in CBI had already been placed in a group ‘A’ scale since 01.01.86. ITOs, Superintendents of Central Excise, Superintendents of Customs and Appraisers of Customs fall under the category of analogous posts in CBDT and CBEC.

6. Despite of such recommendations of 6^th CPC, the Grade Pay of the Superintendent of Central Excise has been fixed to Rs. 4800/- in PB-2 (equivalent to the pay scale of Rs. 7500-12000/-) only w.e.f. 01.01.06 whereas a Grade Pay of Rs. 5400/- in PB3 has been granted for Deputy Central Intelligence Officer in IB and DSP in CBI etc. The Chief Enforcement Officer has also been granted a Grade Pay of Rs. 5400/-. It is also worth to submit that all of these posts are also considered as analogous posts vide O.M. No.14017/27/75-Estt(D) (Pt.) Dt. 07.93.84 of MHA (DP & AR).

7. The Hon’ble Supreme Court has also decided in Civil Appeal No. 4104 of 2004 that the officers should get equal pay for equal work. Thus, our officers should also get the pay benefits equal to our counterparts in IB, CBI, Enforcement Directorate etc. being fallen under the category of the analogous post and being performed more hazardous & arduous duties as per the recommendations of the government to the Vth CPC.

8. The Hon’ble Principal Bench of Central Administrative Tribunal has also decided in O.A. No. 2951 of 2003 that the officers should get equal pay for equal work. Thus again, our officers should get the pay benefits equal to our counterparts in IB, CBI, Enforcement Directorate etc. being fallen under the category of the analogous post and being performed more hazardous & arduous duties as per the recommendations of the government to the Vth CPC as stated above.

9. 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 etc., if both of the categories were granted the same pay scale by the 5^th CPC. The CBEC also issued the circular (already handed over to your goodself twice) to this effect to all the cadre controlling authorities under the signature of then Deputy Secretary, Sh. Dharmvir Gupta. It is also worth to mention that the Hon’ble CAT never directed to consult the Department of Expenditure in this regard. The 5^th 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. It is, therefore, requested that they may kindly be made the due payment at its earliest.

10. Even more, the government has already enhanced the pay scales of our Inspectors (the cadre being supervised by us) and other equivalent cadres to Rs. 7,450-/- from Rs. 6,500-/- w.e.f. 01.01.06. This has made an initial difference of only Rs. 50/- in the pay scales of the supervised cadre (Inspector) and supervising cadre (Superintendent) while this difference between the initial pays of supervised cadre and supervising cadre in the case of higher cadres is Rs. 2,000/- or more. In the case of the lower cadres also, it was at least Rs. 1,000/- in the past which has now also become approximately Rs. 2,000/- (Rs. 1,950/- as exact figure). In view of this all, the difference of mere Rs. 50/- between the initial pays of the supervised cadre and supervising cadre is no way justified and seems only a mockery with the group ‘B’ gazetted officers belonging to supervising cadre.

11. In view of the above, it is requested that the Central Excise Superintendents may also kindly be granted a pay scale/grade pay of Rs. 8000-13500/5400 in PB3 w.e.f. the date of the enhancement of the pay scale of the above mentioned analogous counterparts of them and the payment of the arrears may also kindly be made accordingly and also as requested in above para 4.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 73/M/13 Dt. 30.04.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Implementation of para 7.15.24 of 6^th CPC report.

Madam,

Kindly refer to the minutes drawn against point No. 16 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. It is submitted with due regards that it was decided during the meeting of 15.03.12 to take up the issue with the Department of Expenditure. You were also pleased to assure the Association of doing the needful in the matter during the meeting of 02.12.12 but nothing happened.

3. It is also worth to mention that the Association has already submitted various representations on the issue. However, the due submissions are again being made under the forthcoming paras expecting that the issue would be resolved this time. It is also worth to submit that it is very unfortunate not to grant the benefit to our officers despite of the recommendations of CPC. When something is recommended in our favour by the expert recommending body, it is said that the same has not been accepted by the government and same is denied to us. On the other hand contrary to it, the benefits are also not granted to us saying that nothing such has been recommended for us. However, it is further worth to submit that the most beneficial recommendation is always to be followed in case of more than one different recommendations as per the natural justice as well as the law of jurisprudence.

4. The VIth CPC in para 7.15.24 of its report has clearly admitted the parity of the Chief Enforcement Officer with the Superintendent of Central Excise, Superintendent of Customs (Preventive), Appraisers, Income Tax Officers & Superintendent of Narcotics. The CPC has also recommended for the maintenance of the same in future. The Chief Enforcement Officers were granted the pay scale of Rs.7,500-12,000/- w.e.f. 01.01.96 by the Government on pursuant to the recommendations of the Vth CPC which was subsequently revised further to Rs. 8,000-13,500/- w.e.f 04.10.05 vide order issued under F. No.16/26/2004-Ad. 1C dated 4.10.2005.

5. The High Power Committee formed in the Ministry of Finance after the Vth Central Pay Commission also admitted that the duties and responsibilities of similar levels in the organizations of NCB, IB, CBI, Enforcement Directorate etc. are at par. This Committee, however, recommended the scale of Rs. 7,500-12,000/- for our officers w.e.f. 21.04.04 admitting that it could not recommend the scale of Rs. 8,000-13,500/- on the ground that this pay scale is of the initial level of Group ‘A’ and the Appraisers of Customs are also recruited through the same Civil Services Examination through which Group ‘A’ IC&CES/IRS officers are also recruited, this will obviously create difficulties from the operational point of view of fitting them into the overall structure of the department. It is submitted in this regard that the logic does not stand good now because the direct recruitment of the Appraiser of Customs has already been stopped through the Civil Services Examination since the last cadre restructuring as per the Cabinet decision.

6. As per the definition of analogous post vide O.M. No.14017/27/75-Estt(D) (Pt.) Dt. 07.93.84 of Ministry of Home Affairs (Department of Personnel & Administrative Reforms), the counterparts of CBEC, NCB, IB, CBI, Enforcement Directorate etc. fall under the category of analogous posts. They should, therefore, be given equal treatment in the matter of pay etc.

7. The Hon’ble Supreme Court has also decided in Civil Appeal No. 4104 of 2004 that the officers should get equal pay for equal work. Thus, our officers should also get the pay benefits equal to our counterparts in IB, CBI, Enforcement Directorate etc. being fallen under the category of the analogous post and being performed more hazardous & arduous duties as per the recommendations of the government to the Vth CPC.

8. The Hon’ble Principal Bench of Central Administrative Tribunal has also decided in O.A. No. 2951 of 2003 that the officers should get equal pay for equal work. Thus again, our officers should get the pay benefits equal to our counterparts in IB, CBI, Enforcement Directorate etc. being fallen under the category of the analogous post and being performed more hazardous & arduous duties as per the recommendations of the government to the Vth CPC.

9. Even more, the government has already enhanced the pay scales of our Inspectors (the cadre being supervised by us) and other equivalent cadres to Rs. 7,450-/- from Rs. 6,500-/- w.e.f. 01.01.06. This has made an initial difference of only Rs. 50/- in the pay scales of the supervised cadre (Inspector) and supervising cadre (Superintendent) while this difference between the initial pays of supervised cadre and supervising cadre in the case of higher cadres is Rs. 2,000/- or more. In the case of the lower cadres also, it was at least Rs. 1,000/- in the past which has also now become approximately Rs. 2,000/- (Rs. 1,950/- as exact figure). In view of this all, the difference of mere Rs. 50/- between the initial pays of the supervised cadre and supervising cadre is no way justified and seems only a mockery with the group ‘B’ gazetted officers belonging to supervising cadre.

10. In view of the above, it is requested that the matter may kindly be considered sympathetically and the recommendations of the VIth CPC under para 7.15.24 may be implemented at its earliest.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 75/M/13 Dt. 01.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Role of Inspectors & other hardships in ACES.

Madam,

Kindly refer to the minutes drawn against point No. 21 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. First of all, it is submitted with due regards that no decision of ‘preparing a specific proposal by Association giving details about the changes required to be made in ACES’ was taken in the meeting. The decision has been deviated in the minutes as usual. The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter during the meeting of 02.12.12 but nothing has happened till date. It is, therefore, requested that the necessary steps to define the role of Inspector in ACES and upgrade the software accordingly in this regard may kindly be taken on immediate basis. As asked, the due submissions are being made under the forthcoming paras giving details about the changes required to be made in ACES with the request to resolve the issue at an early date.

3. It is again submitted with due regards that no role of the Inspector has been defined in the ACES and this post has not been given any password for the same. All the burdens and responsibilities have been put on the Superintendents without any assisting hands. As per the office procedure manual, the Inspector is an integral part of the working in the department to assist his supervisory officer, i.e., Superintendent. The returns filed by the assesses paying the duty to the tune of 1 to 5 crore or more are also not going to the dash boards of AC/DC and ADC.

4. It is also worth to submit that ACES is not functioning properly right from the date of its inception. The officers are finding it very difficult to complete their day to day desk work within the stipulated time. In fact, the very purpose of ACES is defeated due to the understaffing and various other shortcomings. The scrutiny of ER1 returns within a time frame in ACES has become a herculean task for the officers.

5. The Server of ACES is of low capacity and the officers are finding it difficult to get their dashboards open fast. Most of the time, it hangs on and displays the note “failed to connect”. Even if the officers are fortunate enough to get into the dashboard, the connectivity does not last long disconnecting repeatedly quiet often. There are frequent disruptions in connection resulting in loss of data entered. Many a time, the returns whose status is “filed” for assessees are not appearing in RSP’s dashboard. Due to this failure and owing to lack of facility of saving the past completed work or retrieve the work done earlier, the officers are forced to do the duplication of their past work. This sort of practical problem completely demoralizes the officers and considerable man power & time are being wasted without yielding the desired result.

6. Not only it, the ACES is outdated without any update or development in the site. The programme is not at all user friendly. There is no scroll down menu to select the Notification number or Serial number. In fact, the most of the error code and marking of returns for review is due to this reason. Even small mistakes like failure to insert a space are resulted in marking the return for review. If there was a scroll down menu with updated data, the most of the returns might not have been marked for review and also it would have been easy for the officers to select the appropriate Notification number from the scroll down menu and settle the issue easily. Commodity wise listing of notification is also not available for easy access. The process to be followed is very lengthy even to make small amendments. Filing of ER-3 & ER-8 is evenmore complicated than E.R.1. After entering the quarterly report, the access does not show the value, production & duty for the quarter instead it shows the figures for the month of January. The storage and printing of any returns/data for any reference or off-line working is not at all possible as there is no quality printer available in the most of the formations. As any other printers available with the field formations are incompatible to use with ACES, the officers are forced to take note of the data manually and work further. This wastes the time and manpower. If any error identified by the ACES after filing the returns is prevented at the time of uploading the data by the assessee itself, the most of the validation process and R&C can be rationalized to a greater extent. The functioning of help desk of the ACES needs to be improved so as to address the needs of the assessees who are very often contacting the Range officers as their ACES grievances are not being addressed properly by the help desk.

7. Next to the unfocused task of scrutiny of the basic documents in ACES comes the reporting. It is a nightmare for the officers to generate any report from ACES since there is no provision in ACES to generate reports as required by the Hqrs offices. All the officers who are working in ACES are also not properly trained to generate the data through ACES. On account of it, the field formations are being pressurized by the Hqrs offices with basic reports which can very well be generated/retrieved from ACES with the expertise assistance of the computer programmers who are well versed with ACES. This shows the under utilization of ACES. If the reports are generated based on the data available with the ACES instead of sticking to the pre-ACES legacy of asking for every data from the field formations, there will be an accuracy and uniformity in the reporting. This will improve the working atmosphere at grass root level and the field level officers would not be forced to do the unproductive duplication of the work to a great extent. The field officers are finding it difficult to generate the reports, asked the most of the time “by return of fax”, as they are clueless about the returns filed by the assesses due to the outdated ACES and low capacity server. To withstand the pressure and submit the required report in time, the officers are forced to stick on to the manual returns with great hardships as the officers find it difficult to get the manual returns from the assessees due to the instructions regarding the hard copies need not be filed by the assessees.

8. There is a major defect in the workflow. The entry level officer in executive set up of CBEC is Inspector. The ACES workflow does not recognize this cutting edge level cadre of Inspector. As the role of Inspector has not been defined in ACES workflow, no work can be assigned to him in ACES though Inspector is supposed to do the basic scrutiny of returns as per the hierarchical set up. The net result is that the Range Superintendent has to do all the scrutiny work alone increasing his work-load manifold. It’s a pity that roles could not be assigned to Inspectors in ACES workflow even after 3/4 years.

9. Any return scrutinized and submitted by the RSP (Range Officer) automatically shifts to the dash board of the divisional AC/DC who has to further verify these returns. If the divisional AC/DC do not scrutinize/approve the return submitted by the RSP, the concerned RSP cannot access the next return as there will be a remark on his dashboard that “The previous return is pending with AC/DC”. Since there are hundreds of unfilled AC/DC posts in various zones, there are several thousands of returns pending scrutiny at Range level. However as per the CBEC circular, mandatory scrutiny of returns by AC/DC is required only when the revenue is more than one crore.

10. The workflow also does not recognize the roles of Divisional Superintendents like those in Technical, Service Tax, Preventive or Audit, though their roles are of great importance in the departmental set up. Similar is the case with the Superintendents working in different sections in the Commissionerate Headquarters offices. Even though roles are assigned to Superintendent in audit module, it also has deficiency as only one person can be assigned the role of auditor in ACES. This person has to enter the details of all audit parties in the ACES module as the others are not authorized to do so.

11. A diesel generator having 10 KVA which can power an entire building is supplied to the stand alone ranges to run the ACES application during power failures. However, no light or fan can be connected to this auxiliary supply which means that the officers operating the ACES have to sit in the dark without fan while the ACES application alone gets power. Some new roles have been automatically assigned to Range Superindents as a result of introduction of ACES. They are to purchase diesel for genset, change genset to “bye pass” or “normal” every day, maintain the log book for diesel consumption and record the runtime of genset. The most of the stand alone ranges are housed in rented premises where the diesel gensets are installed. The security of the gensets have also become an additional responsibility for RSP’s.

12. The equipments supplied with ACES are substandard and requires unnecessary expenditure for maintenance. The range officers are quite unaware of the contract or the terms entered by the department with the vendors for the maintenance of ACES equipments which often results in unwanted issues relating to warranty/guarantee, maintenance etc. The range officers are also not technically qualified persons to monitor the issues relating to operation, maintenance etc. of the ACES equipments.

13. The system for fault repair/maintenance etc is connected to BPO’s of respective vendors. As a result, the Range Officer has to make so many phone calls to the toll free numbers to report/register any issue connected to ACES resulting in loss of precious working time. Even though there is no departmentally issued cell phones, we are forced to give our personal cell phone numbers while registering a complaint resulting in many disturbing telephone calls from different persons on the same issue even beyond office hours/on holidays.

14. The training given to R.O’s is insufficient for understanding the working of many ACES modules. The Superintendents are reduced to mere data entry operators in ACES rather than their real role of supervisory officers since all the basic works in ACES begin with RSP. The RSP has to create case portfolios, SCN’s etc. and capture all other details related to refund, appeals etc. resulting in manifold multiplication of the work. Many of the small assessees are illiterates or semi-literates, the use of computer is out of question for them. The RO’s are to create e-mail Ids for these assessees and assist them in entering the returns in ACES. As the most of the ranges are having only one Inspector and one computer, this process of entering data into ACES add to their worries.

15. As the different modules in ACES are not updated as and when new notifications/circulars are issued, the application will throw error messages regarding rate of duty/exemption notification number etc. much to the embarrassment of the assessee/departmental officers. The reports which can be generated at the back end are also not complete as the revenue data reflected on it is based on the data uploaded by NSDL, which often gets delayed. As a result, the RSP’s are forced to prepare all the reports manually which adds to their misery.

16. Due to the failure of ACES, all the offices are maintaining simultaneous manual records necessary for them for timely submission of various reports which leads to duplication of work. On account of this, the Range offices are facing insufficient manpower since most of the formations have only Superintendent alongwith one Inspector and they are finding it difficult to complete their routine works. Further, the Inspectors who are the cutting edge level officers next to the Superintendent of the Range offices are not having access to the ACES. Therefore to speed up the issue of clearing the backlog scrutiny of ER-1 returns, the ACES access is very necessary to be extended to the Inspectors also.

17. All the Range offices are also required to be provided with powerful UPS instead of gensets which can provide adequate & quality power supply for the smooth running of the ACES work. Our officers are already putting whole hearted & dedicated efforts as expected by the department even after bearing the brunt of extraordinarily acute stagnation and lack of career growth, the worst working conditions, basic infrastructure etc.

18. In view of the above, it is again requested that the role of Inspectors may kindly be defined in the ACES and they may also be provided password for the same to assist Superintendents. The returns should be passed-on from the dash board of the Inspector to the dash board of the Superintendent. It is also requested that the corrective measures should also be taken for flashing the returns involving more than one crore of duty on the dash board of concerned AC/DC or ADC and required infrastructure may also kindly be made available to the officers to maximize the optimum utilization of ACES and to motivate the officers for its effective utilization. Necessary changes are also required to cope-up with the hardships as submitted in details under the above paras.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 76/M/13 Dt. 01.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Stepping up of pay of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.

Madam,

Kindly refer to the minutes drawn against point No. 24 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. First of all, it is submitted with due regards that no decision of ‘submitting a detailed proposal by Association citing relevant Supreme Court judgement and its applicability’ was taken in the meeting. The decision has been deviated in the minutes as usual. The point was agreed during the meeting of 15.03.12. You were also pleased to assure the Association of doing the needful in the matter during the meeting of 02.12.12 but nothing has happened till date. The Association has already submitted many representations on the issue. However as asked, the due submissions are again being made under the forthcoming paras expecting that the issue would be resolved at an early date now.

3. It is again submitted that the issue is noway required to be referred to the DOPT because of the only ground of it being already settled finally by the Apex Court. The DOPT or any other department is noway above the Hon’ble Supreme Court. The issue has already been settled finally by the Hon’ble Supreme Court vide judgement dt. 02.05.11 in SLP(C) No. CC 7278/11 granting the benefit of stepping up of the pay of seniors, if junior is drawing more pay on account of ACP/MACP upgradation/s.

4. As per the law of res judicata, the benefit of a judicial order/judgement should also be equally applicable on all of the other similarly placed employees and they not need to approach the legal court on the same issue already settled finally by the legal court. The judgement given by the legal court will be binding on all of the similarly placed employees and the authorities are bound to grant the benefit to all of them. The Hon’ble courts including the Supreme Court have already given a lot of verdicts based on the principle of res judicata.

5. Your kind attention is also invited to the latest verdict on res judicata given in the O.A. No. 3409/11 by the Principal Bench of the Hon’ble CAT saying that the benefit of an order should also be equally applicable on the other similarly placed employees. The relevant portion of the order is reproduced as below-

“We have heard the learned counsel for the parties. Undisputedly, the applicants are similarly placed as the applicants in O.A. 2089/2008 (supra). The issue decided in the aforesaid O.A. is that the service rendered by the applicants therein as civilian clerks in lieu of combatant clerks shall be counted for the purpose of granting ACP/MACP benefits. We do not understand the logic of either the Ministry of Defence, DOP&T, Ministry of Finance or even the Ministry of Law as to how the aforesaid directions, as upheld by the Hon’ble High Court of Delhi and the Apex Court, cannot be made applicable to the applicants who are admittedly similarly placed. In our considered opinion, the respondents/departments should desist from rejecting the genuine request of the employees and force them to knock the door of the courts unnecessarily without any justifiable ground. In the circumstances, we allow this O.A. Consequently, the impugned order dated 08.09.2011 is quashed and set aside. The respondents shall treat the applicants in this O.A. similarly placed as the applicants in O.A. 2089/2008 (supra) and the directions given therein, as extracted above, shall be made applicable to the applicants herein also. The respondents shall grant all the consequential benefits to the applicants herein within a period of two months from the date of receipt of a copy of this order. Even though this is a fit case for imposing exemplary costs on the respondents, we desist from doing so as the applicants would be monetarily benefited by the orders of this Tribunal. There shall be no order as to costs.”

6. In view of the above, it is requested that the necessary directions may kindly be issued to all the field formations to step up the pay of the senior officers, whether promotee or direct, if any of their juniors is drawing more pay on account of ACP/MACP upgradation/s. It is again worth to mention that the issue has already been settled to its finality by the Hon’ble Apex Court.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 77/M/13 Dt. 02.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Posting of Association functionaries.

Madam,

Kindly refer to the minutes drawn against point No. 23 of the meeting held with your goodself on 31.01.13 vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC.

2. It is further submitted that the main office bearers of the zonal units of the Association are being transferred to outstations at some places like Chandigarh, Bangalore, Allahabad, Kanpur etc. in the field formations instead of placing them at the administrative/Association headquarters. By it, the staff welfare activities of the Association as well as the employee grievances redressal mechanism are affected adversely due to the delinking of Association functionaries with the administration & staffside both.

3. The point No. VI of the Board Circular issued vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 under the subject of “Transfer Guidelines regarding posting and transfers of group ‘B’, ‘C’ and ‘D’ in the Attached & Subordinate offices under Central Board of Excise and Customs” very clearly says that the instructions contained in the DOPT OM No. 27/3/69-Esstt (B) dt. 08.04.69 regarding transfer & posting of Association functionaries should be observed strictly read with further amendments, if any.

4. As per the decades long established practice also, the Association functionaries were never being transferred to outside by the cadre controlling authorities scattered as attached & subordinate offices of CBEC throughout the country. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as 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 Association functionaries are being denied the prescribed benefits by the cadre controlling authorities at some Zones under CBEC.

5. It has again been clarified/reiterated latestly by the DOPT in this regard vide F.No. 16/18/2008-JCA Dt. 17.04.13 sent to Sh. Ajit Gambhir, Director, Ad IV of CBEC that, “In such of the Government departments/offices where a different practice is being followed now, the existing practice, if not less favourable, may continue.”

6. In view of the above, it is requested that the due directions may kindly be issued to the field formations not to transfer the Association functionaries outside the administrative/Association headquarters office.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 78/M/13 Dt. 02.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Regularisation of ad hoc promotions.

Madam,

It is submitted with due regards that the ad hocism in the promotions in CBEC has been continuing for last 16 years. This issue is being raised regularly before the administration including the various meetings by the Association. The CBEC asked for the time upto 15.10.12 only from the Hon’ble Supreme Court to complete the exercise of regularisation of the ad hoc promotions made to the post of Asstt. Commissioner and implement the new IRS rules. No doubt also that the Hon’ble Supreme Court never said to implement the new IRS rules with retrospective effect as per the verdict given in the contempt case filed by the Pune Unit as well as Customs stream. But it was very clear from the order dt. 03.08.11 of the Hon’ble Supreme Court in C.W.P. No. 385/10 that all of the ad hoc promotions from group ‘B’ to the post of Asstt. Commissioner would abide to the new rules.

2. In view of the above, it is requested that the regularization work in r/o the ad hoc promotions from group ‘B’ to the post of Asstt. Commissioner may kindly be completed ensuring to abide all ad hoc promotions with the new rules without further delay keeping in view large scale retirements of our officers every month. The matter may kindly be treated as immediate.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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. 79/M/13 Dt. 02.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Promotions against the existing vacancies of Asstt. Commissioner.

Madam,

With due regards, your kind attention is invited to the point No. 14 under the heading of DPC for financial year 2012-13 of the meeting of 31.01.13. Your goodself was pleased to decide that a letter would immediately be written to the UPSC for initiating the process. Alongwith it was also decided that the immediate letter would also be written to the field formations asking for requisite information. It is further submitted with great disappointment that the decision regarding this point has also been deviated in the minutes as usual.

2. Your goodself very well knows that ours is the most stagnated category of the employees under the Govt. of India and our officers are retiring every month without promotion. The DPC should have been conducted very well in advance before the start of the financial year preparing an advance panel as per the DOPT guidelines but, very disappointingly, no steps have been taken despite of the financial year not only already being ended but one month more expired after the start of the next financial year 2013-14. The Association was also assured about the necessary action in this regard during the meeting of 02.11.12 but the same is still awaited while the DPC for ADC to Commissioner has already been conducted perhaps due to the fact that the same was related to the interest of IRS officers. It is also worth to mention that there already exist 367 vacancies at AC/DC level in CBEC as per the RTI reply given to Sh. Sanjay Thul of Raipur published in 07.01.13 issue of Excise Law Times on page No. 62.

3. In view of the above, it is requested that the Immediate steps may kindly be taken to conduct the DPC for promotion to Group ‘A’ from Group ‘B’ executive not only for the year 2012-13 but also for 2013-14. It is reiterated that the advance panel for both of the financial years should have been prepared very well before the start of the each year.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, 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: ravimalik_sweet@yahoo.com Mob. 09868816290

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/M/13 Dt. 02.05.13

To,

Ms. Shobha L. Chary,

Member (P&V), CBEC,

North Block, New Delhi.

Sub: Loan postings in the Board/Directorates etc.

Madam,

With due regards, your kind attention is invited to the subject mentioned issue discussed in relation of the point No. 44 of Special pay of Audit during the meeting of 31.01.13. Your goodself was pleased to agree that all of such postings in the Board/Directorates etc. may be counted as outstation postings in relation of the tenure in the concerned Commissionerate. Not only it, you were also pleased to opine that the officers should also be granted special pay when posted to the seats of judicial, adjudication, legal, vigilance etc. works. But unfortunately, nothing has been mentioned in the minutes of the meeting regarding this point thanks to the usual process of deviating the actual decisions by the CBEC at the time of drawing the minutes of the meetings with the staffside.

2. It is worth to submit in this relation that the officers are being sent for loan postings merely as a matter of personal pleasure of the authorities without asking for the due willingness from them against the Board circular in this regard. It is also well pertinent to mention that such postings in LTU and Vigilance Directorate are already being counted as outstation postings.

3. In view of the above, it is again requested that all of the loan postings may kindly not only be treated as outstation postings in relation of the tenure in the concerned Commissionerate but the officers may also be given special pay on such postings. It will be of great help to get willing workers for such postings.

Thanking you,

Yours faithfully,

(RAVI MALIK),

Secretary General.

Copy with the request for necessary action to:

1) The ADG (HRM), HRD, CBEC, New Delhi.

2) The DG, HRD, CBEC, New Delhi.

(RAVI MALIK)

CESA MUMBAI

Monday, May 6, 2013

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