Sunday, August 12, 2018
Tuesday, February 27, 2018
*No Agitational Programme by AIACEGEO on 28.02.18*
*No Agitational Programme
by AIACEGEO on 28.02.18*
Dear, friends, colleagues & Members
Namaskar,
It is to clarify and
confirm that there is No CALL for any agitational programme by AIACEGEO to be
observed on 28.02.18.
Neither any such
decision has been taken nor any such call has been given by the All India Body.
So, AIACEGEO is
observing No agitational programme/No black badges/No lunch hour demonstrations
on 28.02.18.
Friends, you are
requested to refrain from rumours which are being floated for agitation. The
same if any will be informed in due course.
Regards,
Ravi keny /Sanjeev
Sahai
*President,CESA
MUMBAI*
*Jt Sec.(WZ) AIACEGEO*
Thursday, February 22, 2018
RISE, BEFORE IT IS TOO LATE...
A few days back, the Advocates of the
Karnataka High Court went on a week-long relay hunger-strike, demanding the filling
of up 62% of posts of judges of the Karnataka High Court that are lying vacant.
Similarly the Orissa High Court Bar Association also went on a week-long strike
in protest of the growing vacancies at the Orissa High Court.
What a pathetic situation, lakhs of
cases are pending and there is no judge to take up the cases. Similarly in
schools and colleges, whether private or Govt., class-rooms are there, but the
subjects are not being taught, as there are no professors / lecturers to
conduct the classes. Students are visible in malls and in other places, killing
their precious time during their youth and putting their future in jeopardy.
Hospitals are also in the same state as there are no doctors/nurses/other
necessary staff. So also in other places of Govt. machinery, where there is a lot
of vacancies.
Whenever there is a crisis, if there
is a disruption in electricity or telephones we remember linesman.
Similarly when some fire breaks then we remember the fire brigade. Whenever
there is a crime, we remember policemen. What is the condition of the men in
these organisations, everyone knows, but, those who choose to take a stand in
any of these organisations, have felt the wrath of the crooked & the
terrible weight of injustice.
It has almost been a week, where the hot topic
of discussion is about the PNB and the Rotomac scam. To look deeply into the
matter, various agencies have been called up, i.e., Income Tax, Enforcement
Directorate, etc. One of the premier investigative agencies i.e., the
Enforcement Directorate, who recently carried out searches in 100 locations
related to this case, that too with limited staff. It is on record that the
agency is functioning with less than 50% of the approved strength. The agency
cannot be & should not be blamed for any shortcomings, as the expectations
of our countrymen are too high – it is as if the people believe that they can
achieve it with a magical wand. Blame can be squarely put on those who are in
the corridors of power that intentionally keep the posts in various cadres
vacant, whether it is in the I-T, Police, ED or GST.
We are moving from various controls
to digitalization, with an intention to integrate processes and reduce human
interface. After the introduction of GST, citizen online services, transaction through
cheques, ATM services, traffic monitoring CCTVs, Toll collections, etc., and a whole
lot of digital services have been introduced. This has resulted in lack of
co-ordination, sharing of information, resulting in a certain amount of chaos
and confusion.
In the GST formations across the
country, reports and information are being called from the field formations
without ascertaining the situations and circumstances under which they are
functioning. The lack of up-gradation in the ACES network of CBEC and the
starting problem from the inception of AIO is more or less the same. Nobody can
come forward as like earlier that they can improve the ACES systems or
presently the AIO, as it is not under the control of the CBEC but under the
contract of an entity who is not accountable to anybody.
The issue of
functioning is really alarming when in the first quarter reported about the
manner of filing TRAN-1 return and subsequent pattern of verifications. Whether
the feasibility and effectiveness of the checks and balance in the system, will
stand upto the need of the hour or expectations of the public will be answered
only by time. As on date, a unit that is evading GST, is not captured by the
system nor by the officers who are chained to their chairs and monitors.
Whether or not there is a mechanism to recover government dues due to any
possible evasion during the transition period and whether the Department had a
golden period or the trade, will be answered by time alone.
This Department is
dedicated for collection of revenue, but more than 45% of the staff strength is
lying vacant across all cadres, except at the apex position. Orders of transfers and
postings, promotions in one particular grade, is issued prior to the dates of
vacancy. But sadly the VRS applications of other grades are also not issued in
time. More than 1600 posts of Assistant Commissioners are lying vacant and few
more thousands in Superintendents & Inspector level, who form the backbone
of the Dept. In each formation, whether it is executive, appeals or audit, they
are holding 2 to 3 additional charges, staff are managing with great difficulties,
either out of fear of 56J or ACRs or out of the call of their conscience, etc.
When advocates of various states can
go for an agitation to fill the vacancies, so that the pending cases can come
up for hearing, similarly the time for ED has come, for insisting to fill up the
vacant posts, so that they can gear up to meet any eventuality as is being faced
presently with the current scams.
We hope that the CBEC Board will be
impressed upon to set right its own administration, by filling up all the
vacancies at various levels. Recently there is a commotion among the staff as a
result of an exercise to identify and recommend for abolition of posts lying
vacant for more than 5 years.
In Mumbai and in other places also,
a task force has been constituted to examine the current staff formation,
requirement of additional staff, recommendation for relocation of staff and to
identify posts where no one has been posted for more than one year in all the grades.
The Administration is prompt enough to comply with and submit the
report/position as called for.
But it is unfortunate to see that even
after reorganization of the various formations in June-2017, the Commissionerates
are still functioning on an as-and-where-is basis, without adequate telephone
lines, not to mention other basic amenities. Some officers are complaining that
they are being promoted without being given any facility / amenities / sub-ordinate
staff, only to become the object of wrath of their seniors - that they are
incompetent to deliver and with a sound caution not to complain about staff and
other facilities, but you are required to manage anyhow.
How long can anyone pull on in such
situations ? Can it be called a fair administration, when administration is run
on the basis where seniors don’t owe responsibility but expect a lot more accountability
from the junior staff !!
Leaders, cadres, associations should
awaken from their slumber, give life to the dead souls of collective thought
and rise to the occasion without blaming each other, like in earlier times when
rulers used to rise above petty issues & politics to safeguard the interest
of their kingdoms. Similarly, one should rise above the cadre and think of CBEC
as a whole, so as to safeguard everybody’s dignity.
***************
Tuesday, January 2, 2018
Thursday, December 7, 2017
LET US BE REALISTIC...!!!
Posting
order of 68th Batch of Group Officers was issued on 01.12.2017 by
the Board as Assistant Commissioner. The probationers have been relieved with
directions to report to the respective CC’s on or before 11.12.2017. All the 157 Officers are designated as
Assistant Commissioners in the said Order. However, on 02.12.2017, DG, NACIN
has issued an instruction that “Board has decided that the probationers will
not be assigned an independent charge as Assistant Commissioner till the end of
Apr-2018 since all of the OTs (probationers) this year, have been posted to
only GST & CX formations they are to
be assigned functional assignment of sub-ordinate officers
(Inspector/Superintendent) from Dec 2017 to Apr 2018 with the designation AC
(OT) and from May 2018 as AC with independent charge”. In the backdrop, in
early 80’s the probationers were posted for 6 months as Sr. Superintendents and
thereafter as AC. During that period from Administration to Field Formations,
from all type of controls as prevailed during that time that is SRP, RBC, PBC Etc.,
thereafter they were given independent postings. Golden days are gone as well
as the pattern of practice training and humane approach, humbleness are missing
as on date. Many of the officers have an allergy to designate or call as
Inspector except using their service for protocol purposes till today which has
no relevance whether to wear uniform or not in the present GST regime. In
police, in executive cadre, the designation of Inspector has relevance as even
their top most post is designated as Inspector General. The present scenario
for eg. in Mumbai, many of the Commissionerates do not have their own place
anyhow in a squeezed condition and reporting day to day functioning. Seniors up
to JC’s have place but below AC to Inspector, are on musical chairs and
cubicles. If this is the situation of Mumbai, rest of the places, situation are
more or less similar to the junior level officers.
In
the GST regime, there is no role assignment to Superintendent as well as Inspector,
although AIO are installed, but inauguration is expected regarding its capacity
and capability to cater and sustain the present needs. However, since July, assessees
are complaining about GSTN and the wrath is being faced by the Inspector and
Superintendent as they are in the ground level. Now, the situation in GSTN has
been improved, but, returns from Aug 2017 onwards are not accepting for
uploading onto the GSTN.
The stagnation in Inspector and
Superintendent Cadre and step motherly treatment by its own administrations is
already in the demoralizing mode and the present allocations where the
jurisdiction base of GST and its existence of its own officers are at stake. The
Group A Officers who have joined this Department have a high ambitions but when
they will be in the formations they will come to know the reality and realize
whether they have joined the right Department in the beginning of their career.
Our own Board, should have, while passing such instructions, to designate them
to work as sub-ordinate officers i.e., as Inspector & Superintendents, will
definitely be a laughing stock before their own same batch who joined in IAS
& IPS, ITRS, IRS (IT), Etc., it would have been prudent the para 2 of the
said communication should have at least indicated that these officers are to
undergo 6 months in-house training in GST filed formations and thereafter
Independent executive posting will be given. Hope we should care for the image
of our department and should not demean or have selfish approach like ‘My days
are over, let others set their own days to come’.
Recently,
in one of the exams, in BHU, a question was asked as to, What did Kautilya
think of GST? The said issue was published in the Hindu dated 07.12.2017.
The head of the BHU’s political science department said, ‘Paper setting is done
as per specialization and expertise. It is the responsibility of the expert to set
question’ M N Thakur, who teaches Political science at JNU, said ‘In an exam
that tests students in areas taught, such questions have no place. Whoever set
the paper acted mindlessly’. Everybody is jumping on GST whether it is their
field or not. The great days of our academicians are also missing today.
The recent communication of the Board
letter dated 05.12.2017 about TRAN 1 data is far from the ground reality and
shows that the reporting officers are not able to convince the authority about
the difficulty faced by the lower level officers that they are sandwiched
between the systems and non-cooperation of the trade. As such, the trade is
coming up from the hiccups of GST and continuous contact with the concerned
jurisdictional officers who are at the receiving end from both the sides. We
are not able to improve our systems and the infrastructures i.e., in what
conditions the GST Commissionerates are functioning. When citizen Charter specifies
courteous behavior and principle of delivery of services is envisaged, why does
a field officer have to report against a tax-payer who prefers to share his
information only to state officers or against Chartered Accountant who is not
accountable to us or under our control.
We have seen the board headed by
several headstrong personalities who stood with the staff and with the own mechanism.
In this transitions we should act as time demands and the existence of our
department and the dignity of each cadre should not be compromised at any cost.
If, the fate of the Group A is concerned for their career, those who have
joined after 2008, they should be given promotions, postings, deputations at
par with other cadres. The Board belongs to A, B and C. The approach should be
rational and not discriminatory one. If they will show least concern about
Group B and C, then, the huge workforce will not come forward with the same
support and co-operation. The Board should stop giving step motherly treatment
to the lower cadres and adopt an inclusive HR policy. Officers in B & C
cadres are pushing and self motivating themselves to meet the objectives of the
GST law and which should not be stretched beyond tolerance levels. The present
allocation of assessee-base is echoing in each cadre. Don’t give any safe passage
to one cadre think for all. a. On Saturday the 9th December 2017, a meeting of
Board Officials is scheduled by the Revenue Secretary, who will take stock of
GST & GSTN and strengthening of the mechanism and various intricate aspects
(RCM, etc) of GST law. It is hoped Board Officials shall not hesitate to appraise the ground realities and
difficulties faced by the field officers as regards to GST and GSTN and also
appraise working conditions, career progressions and financial crunch where the
essential services for efficient delivery of GST - like telephone, internet
electricity are disconnected due to non-payment of bills upto the level of
Chief Commissioner Offices. This is the nadir of shame, loss of dignity of our
esteemed Board and our own offices are defaulters of payment public utility
before the state machinery. It is a matter of shame forcing our own officers to
defend defaulting actions.
Let us hope that our Board will wake upto the situation.
सर्वे à¤à¤µंतु सुखिन:
Wednesday, December 6, 2017
DISCRIMINATIONS IN MACP..!!
Recent clarification on grant of NFSG
of grade pay of Rs. 5400/- during 01.01.2006 to 31.08.2008. The intention and mindset of the
board is discriminatory and not at all changed since the issue of MACP becomes controversy,
although many heads are changed in the board. The latest one is as under;
F. No.
A-26017/58/2017-Ad.II.A
Government of India, Ministry of Finance, Department of Revenue, Central Board of Excise & Customs
New Delhi, 23'd November, 2017
To,
The Chief Commissioner,
CGST Chandigarh Zone,
C R Building, Plot no 19, Sector 17-C,
Chandigarh — 160017.
Subject: Clarification on grant of NFSG of grade pay of Rs. 5400/- during 01.01.2006 to 31.08.2008 - reg.
Sir,
I am directed to refer to your office letter C.NO.II-3(l)SEC/MACPS/2017/388
dated 09.08.201 7 on the subject mentioned above.
2. Board has vide circulars/clarifications, time and again clarified that NFG granted will be counted as one financial upgradation for the purpose of MACP Scheme. Board has issued circulars dated 07.12.2016 and 20.06.2016 in the matter whereby it was clarified that the grant of non-functional grade pays of Rs. 5400/- in PB-2 to the Superintendents
needs to be counted as one financial upgradation for the purpose of MACP Scheme. MACP Scheme is effective from 01.09.2008.
Hence, NFSG granted to Shri S.K. Jan (w.e.f. 01.01 .2006) wit I be counted as one financial upgradation for MACP Scheme. Since he had already got 3 financial upgradations-(i) promotion from UDC to Inspector, (ii) promotion to Superintendent and (iii) grant of NFSG, he is not eligible for 3" financial upgradation under MACP Scheme.
3. As regards counting of NFG granted during 01.01.2006 to 31.08.2008 as one financial upgradation, it is clarified that for the purpose of giving upgradation under MACP Scheme, the NFG granted will be counted as one financial upgradation
irrespective of the date of grant of NFG. Shri S.K. Jan is misinterpreting the Board’s
letter dated 06.05.2013, where the date 01.09.2008 was implying the date of effect of
MACP Scheme. Financial upgradations shall be given under MACP Scheme with
effect from 01.09.2008, and under MACP Scheme, NFG granted from 01.01.2006 is to be counted as one financial upgradation.
4. You are requested to take necessary
action in the matter and
ensure that the
guidelines of Board/DoP&T on MACP/ACP Scheme
are adhered to strictly.
Yours faithfully,
(M.K. Gupta)
Under Secretary to the Government of India
Tele: 011 — 23095528
2.
On
recommendation of VIth CPC, Central Civil Service (Revised Pay ) Rules, 2008
was notified giving effect from 01.01.2006. As per the said Revised Pay Rules,
the Inspector who was promoted as Superintendent was placed in the Grade pay of
Rs.5400 in PB-2 w.e.f. 01.01.2006, if he has put in 4 years of regular service
as Superintendent or on the date as and when he completed 4 years, thereafter.
The upgradation of pay scale after 4 years has been termed as Non Functional
Selection Grade (NFSG). The trouble started with the Clarification issued by
DOPT vide letter ref. Dy No. 257/62460/US(D)/2010 dated 21.07.2010
contemplating the benefit of NFSG
granted to the Superintendent (Group-“B”) officers after completion of 4 years
would be treated / viewed as upgradation in terms of para 8.1 of OM dated
19.05.2009 and the same would be offset against Financial Up gradation
under MACPS.It is not out of place to
mention here that CBEC had issued letter F. No. A.23011/29/2010-Ad.IIA dated
20.05.11 in consultation with Deptt. of Expenditure and DOPT, clarifying that
the officers who were granted pre-revised scale of pay of Rs.8000-13500 as
financial upgradation in the promotional hierarchy under ACPS on or before
31.08.2008 be granted grade pay of Rs.5400 in PB-3 as per 6th CPC replacement
pay, and that there would be no effect on grant of ‘Non-functional scale’ in
PB-2 with GP Rs.5400 during 1.01.06 to 31.08.08, as the same is not counted
under ACPS and would not be offset against financial upgradation under the
Scheme. Harmonious reading of CBEC clarification dated 20.05.2011 and
29.09.2009 r/w 02.02.2010, the Inspector who completed 30 years of service was
entitled to the grade pay of Rs.6600/- in PB-3. Despite this factual position,
the department has not allowed the Inspector the grade pay of Rs.6600/- in
PB-3. Therefore, certain officers from time to time approached various judicial
forum and got favourable orders. The Hon’ble Madras High Court in WP No.
19024/2014 in case of Shri R. Chandrasekaran, passed an interim order and
directed the department to consider the case. Accordingly, the CBEC vide letter
F. No.A.23011/25/2015-Ad.IIA dated 26.05.15, after getting opinion of DOPT vide Dy. No.1078183CR15 dated 5.05.15 to
the effect that since Shri R. Chandrasekaran got only one promotion and 2nd
ACP in the GP of Rs.5400 PB-3 in his career prior to implementation of MACP
Scheme w.e.f. 1.09.08, he is entitled to the grant of 3rd MACP in
the GP of Rs. 6600 under MACP Scheme w.e.f.4.06.2012 on completion of 30 years
of service, implemented the interim order and compliance was filed with the
Hon’ble High Court. However, while passing final order in the said W.P., the
Hon’bleHight Court remitted matterwith a direction to DoPT to considerthe issue
in extenso in the light of the provisions of MACP Scheme and the benefits given
to the employees like the petitioner to count the non-functional scale for the
purpose of ACPS, within three months. The DoPT took u-turn and issued
clarification which was circulated under CBEC letter dated 20.06.2016.
3.
Some
of the relevant judicial decisions are as under:
The
Hon’ble Madras Bench of Central Administrative Tribunal decision in the case of S.Balkrishnan&Ors
in OA No. 280/2012 The said order of
Hon’ble Central Administrative Tribunal, Madras Bench was challenged by the
Department before Hon’ble Madras High Court in Writ Petition no. 11535/2014 with M.P No. 1/2014 which was decided
by Hon’ble Madras High Court on 16.10.2014
by upholding the order of Hon’ble
Central Administrative Tribunal and dismissed the petition filed by the
Department. The said judgment of Hon’ble High Court of Madras challenged by the
department before the Hon’ble Apex Court vide Special Leave to Appeal (C ) 15396 OF 2015 wherein the Hon’ble Apex
Court has condoned the delay in filing of SLP by Department and dismissed the
same. Thus the order of Tribunal at Madras and Judgment of Madras High Court
has merged with the order of Hon’ble Apex Court and thereby the order of
Hon’ble Tribunal at Madras attained finality and became a judicial precedent
which is binding on all the Courts of Law
The
Hon’ble CAT Mumbai in OA No. 633/2015 by ShriPrakashVasantRatnapati& 9
other retirees Vs. UOI/Secy (Revenue)/CBEC/Pr. CCA. The CAT Mumbai in its order
dated 21.06.17 directed the respondents to grant 3rd Financial
Upgration in GP 6600 w.e.f the date of completion of 30 years of service to
applicants who are similarly placed and circumstanced as Shri R. Chandrasekaran.
4.
TheCBEC
letter dated 20.06.2016 based on the latest advice of DoPT refers provision
contained in para 8.1 of Annexure-I of
OM dated 19th May 2009 and FAQ No.16 which indicates that the
non-functional scale in the grade pay of Rs.5400/- in PB-2 is to be treated as
a financial upgradation under MACP Scheme.
Thus, the whole issue revolves around interpretation of aforesaid para
8.1 which does not specifically say to offset the grade pay of Rs.5400/- in
PB-2 before grant of grade of Rs.5400/- in PB-3. The interpretation of DoPT is
not founded on sound footing and legally not sustainable. The Hon’ble High
Court of Madras in W.P. No.11535 of 2014 in the case of Shri S. Balakrishan has
allowed GP of Rs.6600/- in PB-3 on 3rd MACPS. Para-18 of the judgment reads as
under:
“18. The Central Administrative Tribunal
correctly interpreted clauses 8 and 8(1) of the MACPS and quashed the impugned
orders and restored the earlier orders granting benefit to respondents 1 to 3.
Similar view was taken by the Central Administrative Tribunal, Chandigarh Bench
in O.A.No.1038 of 2010 and it was upheld by the High Court of Punjab and
Haryana by judgment dated 19 October 2011 in CWP No.19387 of 2011. We are
therefore of the considered view that the impugned order does not call for
interference by exercising the power of judicial review.”
Thus, the clarification issued by
CBEC in consultation with DoPT is not proper & correct.
5.
Inthe CBEC letter dated 20.06.2016, a reference of FAQ No.16 is made. A
plain reading of said FAQ NO.16 reveals that it speaks about viewing of grant
of ‘non-functional scale of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) towards one financial upgradation under MACP
Scheme. It does not speak about grant of upgradation of time scale of pay of
Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-2. This is because of the
fact that what is given by Revised Pay Rules, 2008 cannot be taken away by mere
clarification issued by DoPT.
6.
This upgradation of time scale from Rs.7500 (pre-revised) to Rs.8000
(pre-revised) effective from 01.01.2006 and thereafter in terms of CCS(Revised)
Pay Rules, 2008 has nothing to do with grant of NFSG since NFSG requires :
(i)
screening
Committee;
(ii)
evaluation of
ACR of last 5 years;
(iii)
cap
on number of officials to be given NFSG i.e. not more than 30% of the sanctioned
post;
(iv)
finding
a place in the recruitment rules i.e. it
should form part of recruitment
rules of the post etc..,
(v)
a
specific order allowing or not allowing grant of the benefit of NFSC.
7.
There
is one cadre (Joint Commissioner) of Group A officer in the CBEC is entitled to
NFSG (as Additional Commissioner) as can be seen from the Indian Revenue
Service (Customs & Central Excise), Recruitment Rules, 2012 as amended/superseded. No such NFSG has been prescribed for any
other cadre in the CBEC.
8.
It is needless to mention here that there is no express provision in the
MACPS to count NFSG towards one MACP. The recent clarification of DOPT is based
on the para 8.1 of Annexure to MACP Scheme which stipulate GP of Rs.5400 in
PB-2 and Rs.5400 in PB-3 as different grade for the purpose of MACP Scheme. The
clarification based on this clause is not proper and legal. Therefore, it can
be concluded that the legitimate benefit is denied with improper and incorrect
clarification. Government one side is issuing instructions after instructions
not to indulge into litigations and resolve the issue amicably in the spirit of
the instructions, circular, policy and norms, but it is unfortunate when it
comes to our cadre, we are constantly deprived, not only functional promotions
but also financial up gradation as envisaged in MACP scheme. On being aggrieved
Individuals from all the corner are approaching CAT and receiving order in their
favor, however the board in or one other pretext denying the rights by issuing
clarifications. We hope sooner or Later the para 8.1 of MAPC scheme needs
amendment so the said issue will be settled forever.
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