Wednesday, July 12, 2017

 From The Desk of Secretary General, AIACEGEO


Ref. No. 30/AIB/NCB/17                                                                          Dt. 10.07.17

To,
Sh. Arjun Ram Meghwal,
Hon’ble Minister of State,
Department of Expenditure, Mini9stry of Finance,
North Block, New Delhi.

Sub: Retrospective implementation of pay scale of Central Excise Superintendents at par with NCB Superintendents who were the part & parcel of one & the same RRs having a common seniority list for being promoted to the common post of Asstt. Commissioner.

Sir,
Kindly refer to the submissions made to your goodself in person on 02.05.17 vide Ref. No. 110/AIB/P/17 Dt. 02.05.17 of the Association. You were pleased to say that the matter would be reviewed after one month.

            2. Accordingly, it is again submitted with due regards that the pay scale of the Superintendents of Narcotics Control Bureau was revised to Rs. 7500-12000/- from Rs. 6500-10500/- w.e.f. 01.01.96 with all consequential benefitsvide U.O. No. 169/1/2005-IC dt. 11.04.05 of the Department of Expenditure leading to the issuance of Order F. No. II/2(38)/2004-Estt. dt. 20.04.05 by the Narcotics Control Bureau whereas the pay scale of the Superintendents of Central Excise was revised to Rs. 7500-12000/- from Rs. 6500-10500/- prospectively w.e.f. 21.04.04, i.e., from the date of issuance of the order vide O.M. No. 6/37/98-IC dt. 21.04.04.
            3. It is worth to submit that the Superintendents of Narcotics Control Bureau were granted the retrospective benefit despite of the fact that their pay scale was revised even after the revision of pay scale of Superintendents of Central Excise based on the parity and precedent of Central Excise Superintendents. The Association has been continuously raising the demand for implementing the revised pay scale with retrospective effect instead of 21.04.2004 since very beginning but nothing has been done till date. It is further submitted that the Superintendents in Narcotics Control Bureau were also granted the non-functional time scale on completion of 4 years of service based on the parity and precedent of the Superintendents of Central Excise.  
4. Further, there exists an established parity and relativity between the Superintendents of NCB (Narcotics Control Bureau) and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the Group ‘A’ post of Asstt. Commissioner till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of Central Excise are till now performing their duties as Superintendents of NCB.
5. The mode of recruitment of the Inspectors in CBEC and Intelligence Officers in NCB is also common. The posts of Superintendents in CBEC and NCB are also filled-up through promotion from the Inspectors and Intelligence Officers. The High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth  Pay  Commission  had  categorically  observed  vide  Para  7.15.20  of  its  report  that  the  duties  & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar.
            6. Thus, the non-grant of retrospective revision of pay scale to the Central Excise Superintendents is not justified as the grave anomaly has arisen on account of the different dates of revision prescribed by the Department of Expenditure for different categories of employees. If the pay scale of the Superintendents of NCB was revised w.e.f. 01.01.96 by the Department of Expenditure, the prospective revision of pay scale from 21.04.04 for the Superintendents of Central Excise is gross injustice to them.
            7. It is also worth to submit with due regards that the matter has already been recommended to the Department of Expenditure by the CBEC through due clearance from IFU vide F. No. A-26017/65/2003-Ad-II(A) of CBEC.
8. In view of the above, it is requested to give the retrospective effect to the enhanced pay scale of the Central Excise Superintendents at par with the Superintendents of NCB.
            Thanking you,
                                                                                                          Yours faithfully,



                                                                                                             (RAVI MALIK),
                                                                                                         Secretary General.
*****************


Ref. No. 32/AIB/MACP/17                                                                          Dt. 10.07.17

To,
Sh. Arjun Ram Meghwal,
Hon’ble Minister of State,
Department of Expenditure, Mini9stry of Finance,
North Block, New Delhi.

Sub: Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS.

Sir,
 Kindly refer to the submissions made to your goodself in person on 02.05.17 vide Ref. No. 112/AIB/P/17 Dt. 02.05.17 of the Association. You were pleased to say that the matter would be reviewed after one month.
            2. Accordingly, it is again submitted with due regards that the main objective of introducing ACP scheme was to grant financial compensation to the govt. servants in lieu of the lack of functional promotions. Before the introduction of ACP scheme in 1999, the most of the Superintendents of Central Excise retired from service without getting IInd promotion of the career to the JTS post of Asstt. Commissioner. Upon introduction of ACP scheme, direct recruit Inspectors of Central Excise were granted two financial upgradations on the completion of 12 years (if not got Ist promotion) and 24 years (if not got IInd promotion) of regular service.  
3. According to the ACP Scheme, the central government employees were to be granted next higher pay scale in their promotional hierarchy. So, the pay equivalent to the promotional post was ensured under ACP scheme. Many Inspectors of Central Excise were benefited a bit at least financially by this scheme as no promotional avenues were available for them. The Sixth CPC recommendations and government decision on ACP scheme gave surprise and shock to all Central government employees. The Sixth Central Pay Commission recommended Modified Assured Career Progression Scheme (MACPS) in Para 6.1.15of its report.
4. As per the recommendations, financial upgradation would be available in the next higher grade pay on completion of 12 years of continuous service in the same grade not providing more than two financial upgradations in the entire career as was provided in the previous ACP Scheme. The Scheme was also made available to all posts belonging to Group ‘A’ whether isolated or not. However, organised Group ‘A’ services were not covered under the Scheme. The Government considered the recommendations of the 6th CPC for introduction of  MACPS and accepted the same with further modifications by granting three financial upgradations at the intervals of 10, 20 and 30 years of continuous regular service.  
5. The government decision for modifying the ACP scheme to grant three financial upgradations under MACPS in the hierarchy of Grade Pay instead of promotional hierarchy was surprise & shock for employees. The MACP Scheme envisages placement merely in the immediate next higher Grade Pay in the hierarchy of the recommended revised Pay Bands and Grade Pay. For example, if a govt servant appointed as LDC in the grade pay of Rs.1900/-, he will be granted Rs. 2000/- Grade Pay as first MACP upgradation after completing 10 years of regular service though this Grade Pay is not in the promotional hierarchy of the officer concerned. Whereas the first financial upgradation to be granted under ACP Scheme was a pay scale equivalent  to  Grade Pay  of  Rs. 2400/-  in  promotional  hierarchy  on  completion  of  12 years  of  regular service. Not only it, one MACP upgradation was off set with the non-functional time scale granted to various categories of Group B gazetted officers after completion of 4 years of service. Very shockingly, single grade pay of Rs. 5400/- was also bifurcated into two categories, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in PB3 without the difference of a single rupee under para 8.1 of MACPS. 
6. As a result, the Modified ACP Scheme has not served the purpose that it was supposed to. The ACP scheme has been de-modified by it instead of being modified as anything is to be modified to be beneficial instead of harmful. So, the so called Modified Assured Career Progression Scheme needs to be modified again. The financial upgradation has to be granted on the basis of promotional (functional) hierarchy of posts instead of hierarchy of Grade Pay. The Staff Side of National Anomaly Committee also reiterated their demand in the meeting of the Joint Committee of MACP Scheme on 15.03.2011 under the Chairpersonship of the Joint Secretary (Estt) of DOPT that the financial up-gradations under the MACP Scheme should be granted in the promotional hierarchy of posts instead of the Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendations of the 5th CPC and, as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.
7. In this regard, the Judgment of the Chandigarh Central Administrative Tribunal has been upheld by the High Court of Punjab and Haryana. The appeal filed by the Government against the judgment of the High Court of Punjab and Haryana has also been dismissed by the Supreme Court. In a separate case filed in Principal Bench of CAT at New Delhi, the CAT gave its judgment in favour of the applicants to grant MACP upgradation in promotional hierarchy. We have demanded the Central Government to issue the necessary instructions for granting financial upgradation under MACP scheme in promotional hierarchy as per the Court Order but nothing has been done till date.
8. We have also demanded to scrap the para 8.1 of the MACP instructions based on the above judgements and also to undo the offsetting of MACP upgradation with non-functional time scale but again nothing done. At the cost of the repetition, it is to submit that the upgradations under MACP Scheme are being given in the hierarchy of Grade Pays instead of promotional hierarchy. There were no such provisions in the original ACP Scheme from which MACP Scheme has been derived by modification of earlier.  A lot of confusion was created after the introduction of the Grade Pay structure establishing two distinct hierarchies- promotional and grade paywise. 
9. Promotional hierarchy is also varying from department to department which is required to be made uniform for all for the sake of justice and undo discrimination & disparities. Somewhere Group ‘B’ Gazetted officers are promoted merely to a post at Level-10 (CBEC etc.) whereas they are being promoted to a post at Level-11 (CSS, Rajyasabha Secretariat, MEA, DANICS, DANIPS, CSSS, AFHQ, Railway Board, Foreign Services, Administrative services, Forest services, Police services, DANICS, DANIPS, State services etc.) at other places. Like it, somewhere Group ‘B’ Non-Gazetted Officers are promoted to a post at Level-10 (CBI, IB, Hindi wing of CBEC etc.) whereas they are being promoted to a post at Level-8 (CBEC etc.) or Level-7 (CPWD etc.) at other places. Somewhere Group ‘B’ Gazetted Officers are placed in Level-7 (CPWD etc.) whereas Level-8 (CBEC etc.) and also Level-9 (Postal department, Audit & Accounts services etc.) at other places. Somewhere promotional hierarchy is Level-7àLevel-11àLevel-13, somewhere Level-7àLevel-8àLevel-11àLevel-12àLevel-13, somewhere Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13 and somewhere it is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13. Some Group ‘B’ Gazetted Officers have been granted the time scale in PB2 and others in PB3. Due to varying promotional hierarchies, some officers got a Grade Pay of Rs. 7600/- and some Rs. 6600/- on IIIrd MACP upgradation. The worst hit category is the Central Excise Superintendents who are now able to get only a grade pay of Rs. 5400/- after 30 years or more service which they were able to get only after 24 years of service under ACPS.
10. So, the promotional hierarchy after entry into group ‘B’ is required to be made uniform for the sake of justice to all. The posts under the grade pays of Rs. 5400/- & 6600/- (Level-10 & 11) and also Rs. 7600/- & 8700/- (Level-12 & 13) being functionally same, the ideal promotional hierarchy for all after entry into Group ‘B’ seems only to be 4600 (L-7)à6600 (L-11)à8700 (L-13)à10000 (L-14). The officers should also be granted the MACP upgradation under this ideal hierarchy of 4600à6600à8700à10000 after joining the job in a grade pay of Rs. 4600/- without offsetting the MACP upgradation with the time scale. This will give justice to all without any discrimination or disparity. The source of MACPS being one and the same, i.e., common recommendations of the 6th CPC, it is also worth to mention that the State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the time scale. There also exist no same Grade Pays under any Band Pay like para 8.1 of MACPS in the Central Government. They have also granted the IIIrd MACP upgradation within 26 or less years to their employees without bifurcating the single grade pay at any level. As a result, their officers are able to get 4 financial upgradations (3 financial upgradations+1 time scale) as a combined effect of time scale and MACP Scheme. It is also worth to submit that the offsetting of MACP upgradation with the time scale was also not recommended by the 6th CPC but, very unfortunately, the Government offset the MACP upgradation with the time scale against the recommendations of the Commission. In order to rectify the above said discrepancies in MACPS, a number of employees approached the legal courts and succeeded. The Hon’ble Supreme Court has also decided that the MACP upgradation shouldn’t be offset with time scale and also the MACP upgradation should be granted in promotional hierarchy.
11. The 6th CPC introduced the MACPS to modify ACPS. No need to say that anything is always modified to grant more benefit to the stake holders. But MACPS proved to be harmful for the employees as the upgradations granted under MACPS were not in accordance to the ‘Promotional Hierarchy’ and one MACP upgradation was offset with the time scale. On account of following the ‘Grade Pay Hierarchy’, the employees got the benefit of Rs. 200/- only at the time of upgradation to Rs. 4800/- from Rs. 4600/- or Rs. 100/- only at the time of upgradation to Rs. 2000/- from Rs. 1900/-  or Rs. nil at the time of upgradation to Rs. 5400/- in PB3 from Rs. 5400/- in PB2. Finally, one could say that MACPS earned the anomaly of being dragged to the legal courts on the most number of times. 
12. The Hon’ble Supreme Court of India vide  SLP No. 7467/2013  filed by the Government  against the judgement of the Hon’ble High Court of Chandigarh in CWP No. 19387/2011 has already confirmed the  order dated 31.05.2011 of Chandigarh CAT for grant of financial upgradation in the promotional hierarchy under MACPS. Thus, para 8.1 is not in consonance to the verdict given by the Hon’ble Supreme Court and is liable to be scrapped w.e.f. its initiation. The offset of the MACP upgradation is also liable to be scrapped w.e.f. its initiation as per the verdict given by the Hon’ble Supreme Court in the case of Delhi Nurses Union (Regd.) Vs. U.O.I. and also by the Hon’ble CAT of Ernakulam in the case of Sh. N. K. Gopinatham Vs.  UOI. Thus, the MACPS is totally unable to fulfill the basic purpose of grant of the financial upgradations to counter stagnation due to the lack of promotional avenues.
13. Thus, the MACPS is required to be based on ideal functional and uniform hierarchy of Level-7àLevel-11àLevel-13àLevel-14 after joining the job Level-7 without offsetting the MACP upgradation with the time scale to motivate personnel especially in Central Excise and Customs Department where normal promotional avenues are extraordinarily bleak. There must also be the provisions for stepping-up of the pay of seniors at par with the juniors who are elevated on account of ACPS/MACPS in conformity with the decision of Hon’ble Apex Court in Ashok Kumar case. 
14. In view of the above, it is requested that at least 5 financial upgradations in the ideal promotional hierarchy, as submitted above, may kindly be granted under the scheme without any offsetting with the time scale and also without bifurcating any grade pay.
               Thanking you,
                                                                                               Yours faithfully,



                                                                                               (RAVI MALIK),
                                                                                             Secretary General.
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Ref. No. 34/AIB/M/17                                                                          Dt. 10.07.17
To,
Sh. Arjun Ram Meghwal,
Hon’ble Minister of State,
Department of Expenditure, Mini9stry of Finance,
North Block, New Delhi.
Sub: Merger of Level 9 and 10 (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
 Kindly refer to the submissions made to your goodself in person on 02.05.17 vide Ref. No. 114/AIB/P/17 Dt. 02.05.17 of the Association. You were pleased to say that the matter would be reviewed after one month.
2. Accordingly, it is again submitted with due regards that the Pay Commissions always worked to merge the pay scales. The creation of Grade Pay of Rs. 5400/- in PB2 and PB3 by 6th CPC was illogical, unjustified and a gross mistake. This led to discrimination, resentment and consequential litigations. It was expected that 7th CPC would remove this disparity by merger of this bifurcation of a single grade pay but, very unfortunately, the CPC has retained the same as Level 9 and Level 10.
            3. The same is, therefore, requested to be merged at Level 10. Merger of Level 9 and 10 has also been recommended by the CBEC to the Revenue Hqrs vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the Department of Revenue paid no heed to the recommendations of CBEC.
                              Thanking you,
                                                                                                            Yours faithfully,
                                                                                                                                                           


                                                                                                            (RAVI MALIK),

                                                                                                         Secretary General.
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Ref. No. 37/AIB/P/17                                                                 Dt. 10.07.17

To,

Ms. Vanaja N. Sarna,
Chairperson, CBEC,
North Block, New Delhi.

Sub: Charge of Asstt. Commissioner to the senior-most Superintendents for the want of the vacancies at the level of Asstt. Commissioner.

Madam,  

            It is submitted with due regards that the practice of giving additional charge to the officer working on the equivalent post is very much prevalent in the Govt. of India including our CBIC in case the sufficient number of officers are not available to look after the charge. Likewise, the charge of a higher post is also given to the senior-most officer working on the just-below post for the want of the availability of the sufficient number of officers to work on the said higher post. For example, many of the Principal Commissioners have been looking the charge of Chief Commissioner in our CBEC/CBIC too.
            2. No need to submit that a good number of the posts of the Asstt. Commissioner are lying vacant in CBIC as on date due to the want of the holding of DPC for the said post for two consecutive years. The work of the GST may also be affected adversely due to the said posts being laid vacant. Under such circumstances, the services of the senior-most Superintendents may be utilized to look after the charge of the post of Asstt. Commissioner in the concerned zone/commissionerate.
               3. Your kind attention is also invited to the minutes of the meeting held on 04.03.14 with the Association, minutes for which were issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 by the ADG (HRM) and dispatched vide No. 1272 to 1275 Dt. 26.03.14. The point No. 5 discussed in the meeting was “Promoting all Superintendents completing 1.5 times of qualifying service on the lines of CSS and regularisation of ad hoc promotions based on the rules existing on the date of regularisation.” The minuted decision taken on the point was, “This issue will be taken up after implementation of cadre restructuring.” Now, this is the proper time to implement the said decision.
4. In view of the above, it is requested to kindly give the charge of the post of Asstt. Commissioner on ad-hoc basis to the senior-most Superintendents at the places facing the shortage of Asstt. Commissioners at least till the all vacant posts of Asstt. Commissioner are filled. The decision as mentioned in the para 3 above may also be implemented at an early date.
               Thanking you,
                                                                                                                Yours faithfully,



                                                                                                                  (RAVI MALIK),
                                                                                                              Secretary General.
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Ref. No. 40/AIB/T/17                                                                          Dt. 10.07.17

To,

Ms. Vanaja N. Sarna,
Chairperson, CBEC,
North Block, New Delhi.

Sub: Transfer/posting of the recently promoted Asstt. Commissioner.

Madam, 
            It is submitted with due regards that many of the recently promoted Asstt. Commissioners have been transferred out of their zone despite of the vacancies being existed in their zone. The posts of Asstt. Commissioner are also lying vacant in the Directorate offices/NACEN in their zone.
            2. It is further submitted that these officers have been promoted merely on ad-hoc basis against temporary posts to be in effect only upto December, 2018. Nobody knows the fate of these officers after December, 2018 whether they would continue on these posts or not. If they don’t continue, they will again be asked to work on the parent post in which zone. No need to say that these officers have been promoted as ad-hoc Asstt. Commissioner at the fag end of the career without benefit of even a single rupee but these officers are well determined to successful roll out of the GST.
            3. The Association was impressed that officers would not be transferred to other zones, if vacancies exist in their own zone. If vacancies don’t exist, the youngest officers will be transferred to nearby zone and will be called back to the parent zone as soon as vacancies occur. Same procedure/policy was followed in the earlier transfer orders.
            4. It is also worth to submit that compassionate grounds including medical ones have also been missed at the time of transfer orders in many cases despite of taking due diligence. A good number of posts are still vacant in the zones as on date but the officers have been transferred to other zones.
            5. In view of the above, it is requested to kindly-
            i) Consider the transfer of the officers to their own zone, if the vacancies exist including Directorate offices/NACEN.
            ii) Consider the compassionate grounds including medical ones as represented by the officers.
            Thanking you,
                                                                                                              Yours faithfully,



                                                                                                                (RAVI MALIK),
                                                                                                           Secretary General.

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Ref. No. 41/AIB/STS/17                                                                       Dt. 10.07.17
To,
Ms. Vanaja N. Sarna,
Chairperson, CBEC,
North Block, New Delhi.
Sub: Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers.
Madam, 
            Kindly refer to the various communications made to the administration by the Association on the above subject.
2. It is submitted with due regards that the most of the gazetted officers in Central as well as State governments are being granted next promotion to a STS post (GP-Rs. 6600/-, Level-11) while the Central Excise Superintendents are being promoted (if any) merely to a JTS post (GP-Rs. 5400/-, Level-10). Their common entry counterparts in CSS are also being promoted to a STS post under CBEC itself and reaching the level of Joint Secretary (GP-Rs. 10000/-). Their common entry counterparts of NCB, Directorate of Enforcement, CSSS, AFHQS, Railway Board, MEA etc. are also being promoted to a STS post.
3. The Central Excise Superintendents are retiring merely on a PB2 (Level-8) post after joining the job as Inspector in PB2 (Level-7) while their common entry counterparts are retiring on PB4 (Level-13 & above) posts after being entered into the job also in PB2 (Level-7) itself. Only 1% of the Central Excise executive officers are able to enter group ‘A’ JTS post (Level-10) at fag end of the career from a grade pay of Rs. 5400/- (granted on account of MACP upgradation) to Rs. 5400/- only without benefit even of a single paisa. 
4. The Central Excise Superintendents are the ‘backbone of the government’ on account of being the major collectors of the revenues for the government in the form of Central Excise duty, Customs duty, Service Tax and also GST in the present time.
5. The 6th as well as 7th 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 in comparison to headquarters officers of CSS too. They are still totally ignored & discriminated in the matter of career prospects as well as pay matters in comparison to their counterparts.
6. Not only in CSS but also in Administrative Services, Police Services, Forest Services, Rajya Sabha Secretariat, CSSS, AFHQS, Engineering Services, CPWD, CVC, NCB, UPSC, Railway Board, MEA, Directorate of Enforcement under the Department of Revenue itself, State Services etc., their counterparts are being promoted to a STS post. Not only it, their counterparts are also given benefit of seniority in group ‘A’ at many places in lieu of the service rendered by them in group ‘B’. At many places like various services in Railways, Administrative Services, Police Services, State Services etc., the group ‘B’ gazetted officers are allowed the weightage of minimum of 4 years at the time of entry into group ‘A’ also giving them the due benefit of seniority in lieu of the service rendered by them in the group ‘B’. For example, the officers of Provincial Services 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 into IRS in a lower grade pay of Rs. 5400/ even after serving for 35-40 years. They enter (if any) into IRS in a grade pay of Rs. 5400/- only and retire at same level without any weightage for seniority in group ‘A’. 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.
 7. There also exists an established parity and relativity between the Superintendents of NCB and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the same post of Group ‘A’ (i.e., Asstt. Commissioner) till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of Central Excise are till now performing their duties as Superintendents of NCB.
8. The mode of recruitment of the Inspectors in CBEC and Intelligence Officers in NCB is also common. The posts of Superintendents in CBEC and NCB are also filled-up through promotion from the Inspectors/Intelligence Officers. The High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth Pay Commission had categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar and recommended for parity of Inspector of the Central Bureau of Narcotics with the Inspector of Central Excise.
9. It is further submitted that the Superintendents in Narcotics Control Bureau were also granted the enhanced pay scale as well as non-functional time scale on completion of 4 years of service based on the precedent of the grant of the same to the Superintendents of Central Excise.  
10. The rationale behind such a provision of weightage or direct promotion to STS group ‘A’ is based on the fact of the promotee officers having gained rich job experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers. But very unfortunately, the Central Excise Superintendents are not being given the said benefit despite of being served for the longest period in group ‘B’ as compared to any other category of the group ‘B’ employees of the Govt. of India. They are not allowed the benefit of their rich experience even despite of the Adjudication Orders also being prepared by them for the Commissioner level officers. New higher responsibilities of judicial nature were conferred upon Central Excise Superintendents vide Circular No.  922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10. Their responsibilities have again been increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC. They have also been conferred with new higher technical/scientific responsibilities of ACES since 2010. The claim of Superintendents becomes even stronger on account of recording statements like a Magistrate under Section 14 of Central Excise Act & Section 108 of Customs Act having validity even before the Hon’ble Supreme Court. No such responsibilities have been conferred upon any counterpart of them. They are also being conferred with the new additional responsibilities every year in the Finance Bill (Budget).
11. Before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’ since senior time scale was not available at that point of time.  It is also worth to mention that their common entry counterparts of CSS are not only being promoted directly to a STS post after Section Officer (analogous to Superintendent) but also reaching the level of Joint Secretary (GP-Rs. 10000/-, Level-14). The position in CPWD is even more interesting where an officer with a grade pay of Rs. 4600/- (Level-7) is directly being promoted to a post with a grade pay of Rs. 6600/- (STS, Level-11) and further directly to a post with the grade pay of Rs. 8700/- (Level-13) from a post with a grade pay of Rs. 6600/-. Thus, they don’t need to serve on a post with a grade pay of Rs. 4800/- (Level-8), 5400/- in PB2 (Level-9), 5400/- in PB3 (Level-10) and 7600/- (Level-12) for promotion to the post with a grade pay of 8700/- after entry into a post with merely a grade pay of Rs. 4200/-. 
12. Further; the Central Excise Inspectors, Inspectors of NCB and Assistants of the Central Secretariat Services (CSS) etc., being analogous posts, are recruited through a common entrance examination conducted by the Staff Selection Commission and in a common scale of pay. Once upon a time,  the  pay  scale of the Assistants was lower than the pay scale of the Central Excise Inspectors but was upgraded at par later on. Like it, the pay scale of the Section Officers was also lower than the pay scale of the Central Excise Superintendents once upon a time but was upgraded at par later on. Eventually, the Inspectors are promoted to the rank of Superintendent whereas the Assistants are promoted as Section Officers. The posts of Central Excise Superintendent and Section officer of CSS are analogous, yet the similarity ends here.  Section Officers are promoted directly to the Senior Time Scale post with a grade pay of Rs. 6600/- and reach upto the level of Joint Secretary in the grade pay of Rs. 10000/- whereas the Central Excise Superintendents are promoted (if at all), to the Junior Time Scale post merely with a grade pay of Rs. 5400/-.
13. IAS and IPS are the most elite services in the country and the group ‘B’ officers are provided weightage even on promotion to these services in lieu of the service rendered in group ‘B’. But nothing such happens to the Central Excise Superintendents at the time of entry (if any) to IRS, the same also being one of the elite services of the Govt. of India.
14. It is also worth to mention that the Superintendents are not only discharging all functions relating to assessment, investigation & intelligence, drafting & issuing of SCN and even adjudication but have also been conferred with the judicial powers of recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 or Section 108 of the Customs Act, 1962.  However, though the Central Excise Superintendents are performing more responsible work functions as compared to other group ‘B’ gazetted counterparts yet they are facing the worst career prospects instead of being given better treatment. They are being maltreated despite of being the ‘backbone of the government revenue’. In the actual terms, though they are the ‘backbone of the government’ on account of being responsible to earn the finance for the government, yet are being totally ignored in every matter.
15. In view of the above, it is requested that the Central Excise Superintendents may also kindly be promoted directly to a STS post like many other group ‘B’ officers of the Govt. of India by giving due weightage of the service rendered in group ‘B’.
Thanking you,
                                                                                                             Yours faithfully,           


                                                                                                                 (RAVI MALIK),
                                                                                                              Secretary General.
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