REPRESENTATION
OF CESA MUMBAI AS REGARDS TO FAULTY RECRUITMENT RULES IS AS UNDER:
TIME HAS COME WE ARE IN
NUMBERS. LET US ALL UNITE AND RESIST AND SET RIGHT THE INJUSTICE
FOREVER. TIME WILL JUDGE THAT AT THE RIGHT MOMENT, OUR TIMELY ACTION WILL
BRING THE RESULT AND STOP THE MANIPULATORS FOR ANY JUGGLERY.
Ref : CESA/ 01 /2015
Date : 15.01.2015.
Shri Sanjay Kothari,
Hon’ble Secretary (Personnel)
Department of Personnel & Training,
Government of India, New Delhi.
Shri. Kaushal Srivastav,
Hon’ble Chairman, CBEC,
North Block, New Delhi.
SUB:
[a] Draft amendments in the
IRS (Customs and Central Excise) Gr “A” Rules, 2012
[b]
Suggestions and comments offered for immediate consideration please – reg
***
Ref: Board’s letter dated A 12018/3/2014-Ad IV on the above subject.
Respected Sirs:
Kind
reference is invited to the above communication from the Board’s office
inviting comments
on the said proposed draft Rules.
2.
At the outset we want to point out that Central Excise Group “B” cadre, is one
of the feeder cadre to Group A, is one of the most stagnated of the major
departments of the Government. That they are rendering The Central Excise feeder cadre which comprises around 85%
of the staff strength of the CBEC, plays an active role in the organization
from Survey to Searches, Registration to Recovery, ACES to RTI, Show cause
notice to Adjudication, Review to Appeals, Star Question to SEVOTTAM, Services aiding and
assisting officers of the Department from the bottom to the very top; yet
neither their competence nor experience is recognized by the Dept/Govt.
The career progression of a direct recruit, who is appointed as Assistant
Commissioner, is promoted as Deputy Commissioner in 4 years, Joint Commissioner
in 9 years, Additional Commissioner in 14 years, Commissioner in 17 years and
Chief Commissioner in 25 years, from the date of his appointment. Whereas
the Central Excise Group B cadre are in the receiving end in both counts
whether it is pay or career progression.
Hence the below proposal and suggestions of our Association are required to be
duly considered and suitable changes may be brought out in the proposed Draft
Recruitment Gr-A Rules.
3. Recognition of Excise Cadres
Strength in the ratio:
[a]
Kind reference is invited to Draft Rule 5(4). Under this clause it is proposed
that promotion from Group B categories will be as per ratio 13:2:1. At the
outset we object to this ratio as it is not actual and its correctness have
been contested by us at different fora.
[b]
Without prejudice, we state that this ratio recognizes one position which the
Board/Govt is following, that is:
> 82% of the feeder cadre
pertain to Central Excise.
> 13% pertain to
Customs Supdts;
> 6% pertain to
Appraiser.
4.
Our request: Against the background of the above position, our
request is that at all times even when any vacancies arises the Rules, provisos
must ensure promotion in such manner that the above ratio is fulfilled in the
promotion-grade, that is:
> the strength of Gr
“A” from Central Excise would be 82%;
> Similarly the
respective strengths of Customs Supdt and Appraisers according to their percentage as
above.
In other words, there should not be blind application of the ratio at the time
of vacancies. In the last promotion order dt.22.10.2014, to the grade of
Assistant Commissioner, as temporary, the balance service of the Central Excise
cadre is very less as compared to other two feeder cadres of Customs. This
makes the Juniors of Customs become bosses of natural Seniors from Central
Excise. The percentage of retirement in Central Excise is maximum, while it is
minimal/negligible in the Custom cadres over next five years and nil in the
Appraisers cadre. Hence it is very important our strength as detailed in
above 3(b) must be maintained; and other two feeder cadres be restrained from
taking over and eating into the percentage of ratio that belongs to Central
Excise, in promotion-grade.
5.
Gross injustice to Excise as evident from Civil list of 1.1.2014:
From the Civil list of 1.1.2014 of the 50% promote officers in Gr “A” the
position of strength of the feeder cadres is as follows:
[a] Appraisers with 3% strength
occupying 59% of Gr “A” posts;
[b] Customs Supdt with 5% strength
occupying 12% of Gr “A” posts;
[c] Central Excise of 85% having only
29% of Gr “A” posts.
6.
50%
of Promotee posts eaten by Direct Recruits: We further find that
50% posts meant for Promotees have been eaten and taken over by the Direct
Recruits; we are representing about this separately. However at this stage we
request that direct recruitments should stick to 50% of total entry level Gr A
strength.
7.
Suggestion to reduce 50% direct recruitment: Considering
the enormous stagnation in the Central Excise Group B Cadre and also keeping in
mind that 'educational qualification' for Direct Entry Inspector Central Excise
is same under SSC exam as that of UPSC exam, the CBEC should take suitable
cognizance to bring changes in recruitment quota 'by Promotion' in Gr-A. Hence
the 50% direct recruitment for Gr :A: be stopped or restricted to 10% at least
for a few years. Against these 'released quota' only the experienced Gr “B”
Central Excise be promoted as there is substantial growth in Service Tax.
whereas in Customs relatively there shall be less growth in revenue. The department will be benefitted
due to the availability of skilled and experienced officers, at Group A level
without any additional cost.
8.
Plea for parity to remove imbalance: As there is gross
imbalance in feeder cadre for Gr “A”, considering the above position, it is
kindly requested to suitably amend the draft Rules in order to incorporate the
above ideas so as to meet the just and fair requests of the Gr “B” cadre of the
Central Excise Dept, and the gap that is prevailing between the cadres on
account of promotion will not be widened further; and the unrest and heartburn
prevailing in the Central Excise cadre will be redressed to some extent.
9.
Sir, Unless the mind set is fair, no rules and no committee can remove the
stagnation.
10. The cadre of Gr-B Executive Central Excise has seen over the years the
setting-up of Committees like Bhardwaj Committee, Chitra Gauri Lal Committee,
recently arranged Agarwal Committee etc. We have also seen the CBEC letters in
post-2002 CR era asking field CCs to identify 'root-causes' for stagnation in
Gr-B Executive in Central Excise. Now, even, after
having a full-fledged DGHRD, working since 2002, CBEC could not even achieve
the objective of the DOMS letter circulated vide F. No. 8/8 (D) – OM/97 dated
02.03.1998, signed by Dy. Secretary, Seema Malik (copy enclosed).
11. However, the facts are known to CBEC since years by way of representations made
by All India Body/s, Zonal units & Court cases. The directions issued under
judgment by Supreme Court are blatantly and tactfully overlooked, where-under
the CBEC was asked to 'revise/amend the existing RRs'.
12.
It is disturbing situation for any Administrative department like CBEC involved
in important 'Revenue Function'(a sovereign function), that inspite of Nodal
Ministry OMs & guidelines; it has not brought any suitable changes in the
'amendments' proposed in respective RRs.
13. CESA requests to give us an audience before the Chairperson, JS (Admn), Member
(P&V), DGHRD preferably in a joint meeting along-with all stake-holders to
set right the gross injustice meted to the Central Excise Cadre. It may please
be noted that this request is in addition to the requests made our Federation
in the larger interest of Central Excise cadre.
Thanking you,
Yours sincerely,
Encl.:
As above.
(A.K. SASMAL)
General Secretary.
Copy
to :
1. Ms. Joykumari
Chander, Hon’ble Member (P & V), CBEC, New Delhi, for kind information and
necessary action.
2. Ms. Nirja Shah,
Hon’ble DGHRD, New Delhi, for kind information and necessary action.
3. Mr. Arun Goel, JS
(Admn).,CBEC, New Delhi, or kind information and necessary action.
4. Mr. Ravi Malik,
Secretary General, AIACEGEO, New Delhi, or kind information and necessary
action.
A very good suggestion.
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