Friday, October 30, 2015
Thursday, October 29, 2015
CONGRATULATIONS !!!
CONGRATULATIONS !!!
GRACE FOILS EVIL DESIGNS...
TRUTH PREVAILS.
Fate whispers to the warrior
"You cannot withstand the storm.."
The warrior whispers back
"I am the storm..."
CESA, Mumbai heartily congratulates Shri. Najib Shah on his
appointment as Chairman of the CBEC, New Delhi, on regular basis.
Probably, he is the last monarch of CBEC, New Delhi, from the IRS
cadre, as the GST regime is likely to be introduced in the Budget of 2016, and
most likely thereafter, officers of the IAS cadre may be heading the Board !!
Vide Office Order No. 279/2015 dated 28-Oct-2015, Shri Najib Shah
has finally been appointed as Chairman of the CBEC, New Delhi, w.e.f.
01-Jul-2015. This goes on to show that righteousness and merit cannot be
suppressed for long… For a revenue officer who has put in 36 years of
impeccable service, this order is well deserved.
It is to the credit of Shri Najib Shah sir that he maintained integrity
& professionalism, by not compromising on his personal dignity and did not
let down the stature of the Board.
CESA, Mumbai, once again wishes the very best to Shri Najib Shah, as
Chairman, CBEC, and assures him of our full support in all matters, especially
with respect to the staff welfare measures like amendment of RRs, putting 2118
posts for 5 years from feeder cadre, MACP anomaly, holding of DPC & filling
up of 1442 vacant posts of Grp-A and improving infrastructure & ACES.
************
Wednesday, October 28, 2015
CESA DARED... GOOD NEWS TOMORROW.
Action taken .... good news tomorrow
Old Post dated 27-Sept-2015
The Board preaches something but does not practice the same.
The advertisement, was published in many
leading newspapers, and warns regarding non-payment of Service Tax which may
result in the damage of one’s hard built reputation.
The Board is more worried about the reputation of its assessees
than it is about its own reputation..., especially when it comes to taking
decisions about promoting/appointing Members to the Board (it had dwindled to 2
Members over a 9 month period ending Mar-2015) and even then did not have the
spine to appoint the senior most officer, Shri Najib Shah, (also the most
deserving officer) as Chairman but could only manage to issue his order as
Acting Chairman !!
What is the fault of Shri Najib Shah in all these manouverings
? That he is upright, dynamic & dashing ? There is no dispute about this. Yes,
he is NOT a sycophant, dishonest officer and does not bend before his masters
on matters of principle. Then why has he been sidelined in the Department and
on whose arm-twisting has such a decision been taken of appointing him as an
Acting Chairman of CBEC, for which there is no precedent ?
The message that percolates down to the executive cadre is
that there is no place in the system for an upright & principled officer,
which is very de-moralising and places a great amount of stress on the lower
officers of the Department.
Especially, in view of the fact that GST is to be rolled out
by Apr-2016, where a capable person of the calibre of Shri Najib Shah can play
a very decisive role. Sidelining him will definitely be a big operational loss
to the organisation.
The Board may increase the revenue, but not the morale and
the efficiency of the hardworking officers in the Department.
The only question that needs to be asked is whether there is
anybody better than and/or more capable than Shri Najib Shah to head CBEC, not
as Acting Chairman, but as Chairman, with full authority and freedom.
If the answer to the above question is yes, please appoint
that person, who is better than Shri Najib Shah, as Chairman, else, if the
answer to the question is no, then for God’s sake, appoint him Chairman, with
full authority and freedom.
Don’t continue with this farce of Acting Chairman !!!
**************
Tuesday, October 27, 2015
AUSTERITY IS A HOLY WORD FOR US.... BUT NOT FOR SENIOR OFFICERS
Recently, Revenue Secretary made an official visit
to Mumbai and met our Departmental senior officers as well as trade. During his
first session of interaction senior officers gave a power-point presentation of
the revenue position of the zones. It was impressed upon that there was
substantial growth in the petroleum sector. When RS asked the reason and ....
The officer concerned were unable to answer and cut a sorry figure. Our seniors
always depend on Inspectors and Superintendents to do all their official &
unofficial work, but when it comes to granting them benefits or dignity or
facilities, they show their true colours of distinction as if they are special.
CESA Mumbai, since last 5 years is pursuing
vigorously for improvement of infrastructure and amenities. When some new
premises are obtained on hire, the best and the bulk of the space is allocated
towards making their cabins and a major chunk of the funds of the Department is
spent on increasing the ambience of their cabins at the cost of neglecting the
officers forming the backbone of the Department.
CESA,
Mumbai representation is as under.
Ref:
CESA/65/2015
Date:
27-Oct-2015.
Shri. Piyusha K. Patnaik
Principal Chief Commissioner
Mumbai Service Tax Zone.
Sub:-Space for Mumbai Service Tax Commissionerates
& discrimination in allocation while occupying the space – reg.
Respected Sir,
This is to bring to your kind notice
that almost a year has passed since the Cadre Re-structuring-2014 &
re-organisation of the Commissionerates of Service Tax in Mumbai has taken place.
A new Mumbai Service Tax Zone has been created, and the old 2 Service Tax
Commissionerates have been split into 7 Service Tax Commissionerates plus 3
Service Tax Audit Commissionerates. After long persuasion and due to
personal efforts of the then Chief Commissioner, Shri V. S. Krishnan, we were
able to get 3 floors at Air India building, Nariman Point (to house the Chief
Commissioner’s office, Service Tax-I & II Commissionerates) & 5 floors
at Lotus Infotech building, Parel (to house Service Tax-III & IV
Commissionerates).
Out of the total requirement of 4
Lakh sq.ft office space, as on date, we have been able to get on hire only less
than 1 Lakh sq.ft. Still another 3 Lakh sq.ft. of space needs to be hired for
housing the remaining Service Tax Commissionerates. As on date, there is no
space for the Headquarters of Service Tax-VI & VII Commissionerates,
ST-Audit-I & II Commissionerates. The condition of the Service Tax-V
Commissionerate is no longer good and also functioning in a very pathetic
manner and staff of the Commissionerate are placed at different places, on as
& where basis, in the premises of Central Excise, i.e. at BKC, Churchgate
& Madhu Industrial Estate, thereby hampering the smooth functioning of the
Commissionerate.
Recently, Service Tax-I & II
alongwith Chief Commissioner’s office shifted from the Churchgate Central
Excise building to the 13th, 14th & the 15th
floor in the Air India building, admeasuring approx 33,000 sq.ft. The said
premises were taken into possession by the end of March-2015. The same
was inaugurated on the 29-Sept-2105. Even after 1 month of the inauguration,
all the 3 floors are neither fully functional nor the furnishing work
completed. Further, it is reported that the vendor to whom the furnishing work
is entrusted, has provided sub-standard quality of work, as compared to the
tender parameters and that there is no proper supervision of the work on behalf
of the Department to verify the quality & standard of the work.
Further, the space is allocated in
an arbitrary manner – those who shifted first have occupied more space, and
those who subsequently shifted have to adjust with less of space and the worst
victims are the officers working in the Chief Commissioner’s office. The space
allocated for the staff of the CCO does not commensurate with the number of
officers posted to that section and have to play a game of musical chairs !!
While CESA Mumbai, is pursuing with
various authorities for getting additional/adequate space for the office, it is
unfortunate that after taking the same into possession, partiality is visible
in the allocation of space for senior & junior officers. While allocation
of the space for senior officers’ cabins, adequate personal care has been taken
to ensure comfort and ambience, while for the junior staff, the necessary
facilities are also lacking. In a prudent administration, it is expected that
if there is shortage of space, then the space for all officers should be
proportionately sized, which has not happened in the Air India Building. Hence,
the officers posted there are unhappy and disgruntled. It is requested that
discriminations while making/furnishing of cabins for senior officers vis-Ã -vis
other officers should be done away with and the norms prescribed by the
Ministry for each category of staff are followed scrupulously. If for some
reason, the same cannot be followed, then the reduction in size of cabin/space
allocation should be proportionate across all categories of staff.
Sir, since you have assumed the
current charge, you are facing, on a day-to-day basis, the problem of your own
seating/functioning. Same is the fate of several Service Tax officers, who have
to move from one location to another along-with records at their own expense.
This had led to the officers feeling alienated from the Department and they
feel that they are not part of the organisation. The sense of belongingness is
on the wane.
Sir, in view of the above, it is
requested that necessary instructions are given to issue advertisements for
hiring of additional office premises for the Headquarters of Service Tax-V, VI
& VII Commissionerates, preferably in their respective jurisdictions, for
the convenience of the staff and trade. As you may be aware that majority of
our staff is residing in the distant suburbs of Mumbai and necessary care may
be taken while considering the proposal as the jurisdictions of these
Commissionerates are on fringes of Mumbai, i.e. spread across Western, Central
& Harbour railway lines.
Sir, it is also requested that the
pending proposals, for an additional floor in Air India building and 3 more
floors in Lotus Infotech, may be pursued vigorously so as to obtain the
necessary approvals at the earliest / latest by the end of this financial year.
CESA, Mumbai, assures to extend all
assistance and co-operation in this regard, if required, even at short notice.
Thanking you,
Yours
sincerely,
A. K. SASMAL
General
Secretary
CC
: 1) Shri. V. S. Krishnan, Hon’ble Member (ST), & Zonal Member,
CBEC, New Delhi – For kind information, with a request to intervene and
expedite the pending proposals of Air India & Lotus Infotech buildings for
Service Tax.
2) Principal
Commissioner / Commissioner, Service Tax – I, II, III, IV, V, VI, VII. Service
Tax Audit – I, II, III.
Date: 27-Oct-2015.
Mumbai Service Tax Zone.
Monday, October 26, 2015
FAREWELL TO V G BHAT SIR
A farewell party was organised to felicitate Shri. V. G. Bhat, Asstt. Commissioner (Retired) on 25-Oct-2015. Shri Bhat joined as Inspector, Central Excise in Jan-1982 and promoted as Superintendent, Central Excise in 1997 and was promoted as Asstt. Commissioner, Customs, Mumbai, in Oct-2014.
He worked in various formations and in various capacities of Central Excise & Customs. He was also the Office Bearer of Central Excise Inspectors' Association and later on was also the Office Bearer of the Central Excise Superintendents' Association for a long period of time.
He is known for his simplicity, kind heartedness and helping attitude. He retired on 30-Sept-2015, from Mumbai Custom House.
CESA, Mumbai, wishes him all the best for his retired & rejuvenated life...
MACP IN ICU...?
The delay in promotions, holding of DPCs and various other problems cropping up in the above issues are always the heartburn among the officers. The next issue after the promotion is that of the anomaly of ACP/MACP. Recently the Pay Commission observed that the same scheme will be incorporated into the new pay commission and will not be dis-continued.
However, this anomaly came to the fore when the ACP scheme was modified by the VI Pay Commission and came to be known as the MACP scheme. Even after 9 years, this anomaly has not yet been resolved. Several Chairman & Members have come and gone, but the issue is still pending as it does not affect them !!
CESA, Mumbai, after the CAT, Madras judgement represented the matter again with the Board for extending benefit to one and all ,it is learnt that the issue was referred with due recommendations to DoPT, who in turn has forwarded the same positively to the Department of Expenditure for approval.
The Chennai judgement only gives benefit of GP Rs. 6600/- to those officers who were earlier covered by ACP upto 2006. But the Chandigarh & Haryana High Court judgement is very clear and gives benefit of GP of Rs 6600/- to all the elligible officers who have completed 30 years of service.
The Mumbai administration has already referred the matter to the Board for concurrence. Meanwhile, officers of Mumbai and other places approached the Mumbai CAT and obtained an identical order based on the Chennai CAT order.
In light of the MACP Orders issued by Shillong and Jaipur Commissionerates, CESA, Mumbai, represents again. The same is as under.
Ref: CESA/64/2015
Date: 26-Oct-2015.
Shri. S. C. Varshney,
Principal Chief Commissioner
Cadre Controlling Authority,
Central Excise & Service Tax,
Mumbai Zone-I.
Sub: -
Grant of 3rd MACP in the Grade Pay of Rs. 6600/- to the
Superintendents of Central Excise, Customs and Service Tax – reg.
Respected Sir,
Kind
attention is invited towards our letter No CESA/15/2015, dated 11.03.2015, on
the above subject matter. The issue of MACP has become a curse for our officers
and a tool in the hands of administration to interpret and give a painful blow,
especially at the fag end of the career of Inspectors Central Excise especially
Direct Recruits whose career progression depends only on ACP/MACP as despite
two Cadre Restructuring in the Department, staff issues are still as is where
is and there is no career prospects for them in the Department. The grade pay
hike of Inspector who joins the department with Grade Pay of 4600 in PB2 and
retire after 35-40 years service with a hike of only Rs. 800/- in GP & in
that span retires with one promotion with drawing salary in PB3 only with grade
pay of Rs. 5400/-. Not a single cadre is there in the Department which has been
systematically deprived of the career prospects, even the data entry
operators/Ministerial or Sepoy and Drivers who come from Employment Exchange are
far better placed than a graduate level entry officer coming from SSC !!
2. This
Association has earlier pointed out the court verdict on the issue of MACP
wherein the issue has been settled and it is held that the ACP/MACP should be
given in the hierarchy of promotion only. To refresh the issue we enclose herewith
the court verdict of Punjab & Haryana High Court and of Madras High Court
and the letter F.No. II/39(CON)MACPS-01/2015/25 dated 15.01.2015 issued from
Mumbai–I. Despite that, the Mumbai region officers are not only deprived of the
benefit, but even some retired officers (who were granted GP of Rs. 6600/-) are
faced with recovery proceedings – this is nothing but rubbing the wounds with
salt.
3. The manner things are
being done in the Department, it doesn’t look as if there is one Board as CBEC,
it appears to be clusters of people working in their own directions and manners
without any set of Rules or norms and even at the cost of violation of Court
verdicts also where as at other places they do what they feel is right and
leave it to the CBEC to take action if they are wrong !!
To substantiate
our above averment, we enclose herewith the copies of the Order No. 95/2015
dated 06-May-2015 of Shillong Commissionerate and order No. 97/2015 dated 12-Aug-2015
of Jaipur Commissionerate on the same ACP/MACP matter where in these officers
have been given 3rd ACP/MACP in the Pay Band of PB3 with Grade Pay
of Rs. 6600/-, but in Mumbai and in CBEC the issue is still not reached
finality. Whereas in Mumbai 2 orders of MACP were issued in the Month of March
and October 2015, wherein on completion
of 30 years the officers were given as PB3 in Grade pay of 5400/- instead of
Rs.6600/-. Earlier in Mumbai, MACP orders were issued granting 3rd
MACP under PB3 with grade pay of Rs. 6600/- but the PAO Mumbai not only raised
objection but even stopped payment and started recovery proceedings against
officers and also of those who had retired. Thereafter, no orders were issued
in Mumbai, in 2013 & 2014. A reference was made to CBEC for clarification
in the matter. As the PAO has raised the objection, the Mumbai Administration
has issued MACP order now in Oct-2015, it is issued but with PB3 grade of Rs.
5400/- which is discrimination in the face of the above said orders of Shillong
& Jaipur.
4. Sir,
are these Commissionerates not under CBEC or does CBEC have different yard
sticks for its employees at different locations/Zones ? In Mumbai, we give maximum Revenue, work under
poor working conditions, wait for first promotion for 22 years, and then we get
hit below the belt, that even the financial benefit given to all Central Govt.
employees, that is also not been given uniformly to all by the CBEC.
5. The officers
of Mumbai Zone have obtained an identical order from Mumbai CAT, bearing OA No.
95/2014 & others dated 06-July-2015, based on the Madras CAT judgement. (copy
enclosed for ready reference).
6. Association
request your goodself, as communicated
to the Board vide your good office letter dated 15-Jan-2015, that the
Madras High Court judgement, the Punjab & Haryana High Court judgement, Chennai
CAT judgement & Mumbai CAT judgement be accepted and accordingly the
ACP/MACP benefits be extended to the officers of Mumbai zone, as given by Jaipur & Shillong Zone,
respectively.
7. Association
also further requests that the recovery proceedings where GP of Rs. 6600/- had
been granted and thereafter denied, should be stopped. This will discourage the
officers to invest their hard earned money and precious time in litigation
instead of office work.
Thanking
you,
Yours sincerely,
A.
K. SASMAL
Encl.
: As above. General
Secretary
Friday, October 23, 2015
AN ATTEMPT TO SNATCH AFTER HATCHING...
" BE FORTHRIGHT, BE FRANK,
BE FEARLESS, WHATEVER THE ODDS,
NEVER HESITATE TO TAKE A STAND IF YOU BELIEVE IN IT.
NEVER HESITATE TO SPEAK OUT BOLDLY AGAINST THE WRONGS,
AND
ALWAYS ENSURE THAT YOU ILLUMINATE THE TRUTH BEHIND THE EVENTS"
In CBDT, the Cadre Re-structuring-2014 has taken place and there appears to be no anomaly and unrest among the staff & officers (except the general demands of the confederations). Due care has been taken by their Chairman and other Board Members to ensure that even the daily wager and MTS employees too do not have any grievances. No discrimination in direct recruit Grp-A officers and promotee Grp-A officers. There is also not dispute about reservations in promotions in any cadre. A cordial atmosphere prevails in all the formations in CBDT because there is no CCS staff involved in the day-to-day running as this is administered by their own staff.
Always CBEC is playing catch-up with CBDT, especially in terms of promotions and other amenities, as they were always one step ahead on all counts. However it is seen that all the good staff practices and welfare measures are ignored and not adopted by CBEC.
As the promotions to Grp-A has been granted at the pleasure of "The President of India", can the DOPT revert the promotions granted ? Is the DoPT above "The President of India" ?
CESA, Mumbai, response to the UPSC communications which is anti-staff and discriminatory. Letter dated 23-Oct-2015.
Ref:
CESA/63/2015
Date:
23-Oct-2015.
Shri.
Najib Shah,
Hon’ble Chairman,
CBEC, North Block,
New Delhi.
Respected Sir,
Sub : Aims & objectives of the Cadre
Re-structuring and creation of 2118 nos. of
temporary posts vis-a-vis Request for
Revision in the Service Rules (SRs) of Grp-A 2012 – reg.
In
this regard your kind attention is invited towards the communications received
from UPSC addressed to Revenue Secretary on 23-Sept-2015. On going through the
same it is observed that the Board was unable to convince UPSC to have the
proper RRs which will take care of its staff especially who are promoted from
the feeder cadre (Promotee quota). The last two re-structuring exercises have
given large jumps in promotion to the direct recruit Grp-A officer, but in the
last restructuring of 2014, the then Chairperson, CBEC, and her team, after
ascertaining the large scale stagnation in the Grp-B feeder cadre, created 2118
temporary posts for Asstt. Commissioners and got it sanctioned by the Cabinet
and before relinquishing her charge on superannuation, issued the promotion and
posting orders. Accordingly, there was some solace and relief in the cadre of
Superintendents, that they could retire as ACs. It was better than retiring as
Superintendents, even after putting in 35+ years of service in the Department.
Staff Associations / Delegations met your good self as well as the then
Chairman and apprised that due care/recommendation may be taken while forwarding
the revised RRs to the UPSC.
But
after going through the contents of the UPSC letter dated 23-Sept-2015, it is
seen that the UPSC is not accepting the Cabinet’s approval with regard to the
2118 posts and the consequent promotions carried out in 2014. What is the fault
of the officers who have now put in a year’s service in Grp-A as an AC and some
who may have already retired from service on superannuation ? What is the fault
of the cadre ? What is the fault of the then Board’s official/s or Review Committee
?
However, on seeing the exigency, CESA,
Mumbai requests that a Board meeting may be called for and the observation made
by the UPSC may be discussed and a fresh approval of the Cabinet for inclusion
of 2118 posts in IRS cadre may be taken, if required. Board should not be in a
hurry to publish the RRs received from the UPSC for the sake of a handful of
direct recruit Grp-A officers (who are waiting to be promoted to the posts of
Pr.CC/CC) at the cost of 2118 posts of the promotee officers. It is hoped that the sympathy/empathy shown
to their brother officers waiting for promotion as Pr.CC/CC will also be shown
to the thousands of officers waiting to be promoted as ACs.
Adhoc promotions are prevailing in
the CBEC since 1997. As pointed out in Para 2 (iii) of the UPSC’s letter dated
23-Sept-2015, necessary amendment may be carried out in the Service Rules, as
adhoc promotions had already been effected in Oct-2014. Para 2(i) of the said letter is nothing but
the twisting of the facts, that the then Board officials have not taken due
care before mooting the proposal and getting the approval of the Cabinet.
If the present members of the Board
feels that the then officials of the Board had mis-led the Cabinet or
ignored/bypassed any instructions, then they should come forward openly and
either condone the matter or amend the RRs/SRs, without any bias or prejudice
to any Cadre.
Sir, it is just not the matter of 2118
temporary posts, but as a cascading effect, the promotions carried out in the
lower cadres due to the vacancies created by the above promotions, will also be
effected. The suggestion given by
the All India Associations to reduce the percentage of the direct recruits into
Grp-A and increase the percentage of promotees into Grp-A cadre, in proportion to
the stagnation in the feeder cadres, may be suitable incorporated into the RRs.
Hope that
a conscious & appropriate action will be taken and that the Administration
under your command will not be hasty in publishing / approving the revised RRs
which is against the interest of the Grp-A feeder cadres.
Thanking
you,
Yours sincerely,
A.
K. SASMAL
General
Secretary
CC
: 1) Shri Vanaja Saran, Hon’ble Member (P&V),
CBEC, New Delhi
- For kind information & necessary action.
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