Correspondence

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik Mob. 09437314941 mail Id: [email protected] Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 29/P/12 Dt. 10.09.12

To, Ms. Praveen Mahajan, The Chairman, CBEC, North Block, New Delhi. Sub: Use of extended panel to grant promotions. Madam, Kindly refer to the Notification No. 30/2000 of CBEC issued vide F. No. A. 32012/8/2000-Ad.II(Pt.) Dt. 21.11.2000 in pursuance of the judgement dated 22.11.96 of the Honble Supreme Court. 2. As the Association came to know, it is submitted with due regards that no extended panel was utilised at the time of the regularisation of the promotions vide above referred Notification of CBEC. The DOPT OM No. 22011/4/98-Estt.(D) dt. 12.10.98 says about the use of extended panel to benefit the inservice officers in lieu of the retired officers considered for DPC as the retired officers have no right for promotion. This OM is a clarificatory one of the DOPT OM No.22011/5/86-Estt. (D) dt. 10.4.89, the later describing the procedure of conducting DPC for the promotions. Further, the procedure to be adopted for extended panel has been laid down in DOPT OM No. 22011/8/87-Estt.(D) dated 9.4.96. 3. It is further submitted that the CBEC should have prepared the extended panel to give the benefit of the promotions to our in-service officers at the time of the regularisation of the post-1979 promotions to implement the judgement of the Honble Supreme Court in its true spirit. The implementation of the judgement of the Honble Supreme Court seems incomplete for the want of the use of the extended panel and proved mere eye-wash without giving benefit to the in-service officers. It gives the only impression that the concerned hands take even the directions of the Apex Court quite lightly. 4. In view of the above, it is requested that the said benefit of extended panel may kindly be granted now to the in-service officers by reviewing the earlier DPC. The Association also requested vide its Ref. No. 99/12 Dt. 02.07.12, 112/12 Dt. 13.07.12 etc. to implement the extended panel in r/o of the DPC conducted in the month of June, 12 for promotion to the post of Asstt. Commissioner but the result is still awaited. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General. Copt with the request for necessary action to: The Revenue Secretary, North Block, New Delhi. (RAVI MALIK)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Lokanath Mishra Mob. 09437314941 Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik mail Id: [email protected] Mob. 09868816290Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 30/meet/12 Dt. 10.09.12

REMINDER To, Ms. Praveen Mahajan, The Chairman, CBEC, North Block, New Delhi. Sub: Request seeking meeting to redress employee grievances. Madam, Kindly refer to the Ref. No. 22/meet/12 Dt. 22.08.12 of the Association. 2. It is submitted with due regards that the last meeting with the top head, i.e., the Chairman of the organisation (CBEC) with the Association was held in the month of July, 11. The outgoing Chairman didnt like to spare the time for the staff-side under employee grievances redressal mechanism despite of the repeated requests by this Association. It was expected that some concrete measures would be taken by our Board to strengthen the employee grievances redressal mechanism after the circulation of the directions of the FM vide the note Dt. 18.07.11 of the Revenue Secretary. But neither the Board nor field formations initiated any action in the matter. No staff Association was invited by the Board to discuss and redress the staff grievances. It is, therefore, requested that the Association may kindly be granted a meeting to discuss the following points (details already submitted vide above referred Ref. No. 22/meet/12 Dt. 22.08.12)1. Immediate approval of cadre restructuring without any cut. 2. Immediate re-framing of RRs and regularization of all adhoc promotions. 3. Notional promotions. 4. DPC for financial year 2012-13. 5. Posting of Association functionaries. 6. Delay in vigilance/disciplinary cases. 7. Meetings under the employee grievances redressal mechanism. 8. Non Functional Financial Upgradation (NFFU) to the Central Excise executive officers at par with the counterparts of CSS. 9. Old points decided in the meeting of 15.03.12. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General. Copt with the request to revive employee grievances redressal mechanism to: The Revenue Secretary, North Block, New Delhi. (RAVI MALIK)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Lokanath Mishra Mob. 09437314941 Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik mail Id: [email protected] Mob. 09868816290Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 32/Assn /12 To, Ms. Mamta Kundra, Joint Secretary, Establishment, DOPT, North Block, New Delhi.

Dt. 10.09.12

Sub: Posting of Association functionaries. Madam, Kindly refer to the Ref. 16/Assn/12 Dt. 13.08.12 and 21/Assn/12 Dt. 22.08.12 of the Association and DOPT OM No. 16/18/2008-JCA Dt. 03.09.12. 2. It is further submitted with due regards that there is a big difference between the branches of this Association and the branch units referred in the letter No. 2/7/88-CS(IV) dt. 19.08.08 of DOPT. This Association has its branches throughout the country at zonal levels covering more than one states of various cadre controlling authorities while the branch units referred in the letter No. 2/7/88-CS(IV) dt. 19.08.08 of DOPT belongs merely to the different office buildings within the same city of Delhi. Thus, branches of this Association function at National level while the branch units referred in the above DOPT communication functions at local level within a city only. The branches of this Association have their own independent constitution and were also independently recognised at central level prior to RSA Rules, 93. It is very unfortunate that the branch Association functionaries of this Association are being denied the due benefits all of a sudden despite of being functioned at National level of zones while the branch unit Association functionaries referred in the above DOPT communication are being granted all the benefits despite of being functioned within city only. This is a clear-cut discrimination and gross harassment to the Association functionaries of this Association by a few of the zonal cadre controlling authorities particularly of Chandigarh Zone under CBEC. It is also worth to submit that our counterpart gazetted officers namely the Section Officers of CSS are already being granted all the benefits in this regard despite of having local branch units of the Association within the city only. 3. Now, it is being apprehended that all the zonal cadre controlling authorities may deny the due benefits to the zonal Association functionaries of this Association following the precedent of Chandigarh Zone. It is also worth to mention that the object of the formation of the staff Associations is to promote harmonious relationship between the administration and staff-side securing the greatest measure of cooperation in the matters of common concern and increase the efficiency of public service combined with the welfare of the employees. Accordingly, it becomes necessary that the Association functionaries should remain available at the zonal headquarters office of the concerned cadre controlling authority or Association headquarters itself. It is necessary to ensure that the Association functionaries are able to participate fully in the deliberations of the council set-up. If any of them is transferred to a far-off place, it will be difficult for them to participate effectively in the concerned council meetings/Association welfare activities. Moreover, it will also be difficult for them to maintain contact with the employees whom they represent and to take up their grievances with the concerned authorities. If the Association functionaries are transferred outside, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking between the administration & staffside. By this, the three tier system of employee grievances redressal mechanism will collapse as zonal level Association functionaries will not

be able to represent the employee grievances at the appropriate levels. 4. Moreover, the zonal Association functionaries will also not be able to collect the DDO certificates of the members statutorily required for the continuance of the recognition of the Association on being transferred to isolated offices/places. Actually, the branch unit level in this case is the Central Excise Divisional office within the cities of the zonal level. The Chandigarh branch of the Honble CAT has also observed in the verdict (copy enclosed) given in r/o the OA No. 462/CH/2012 in relation of this case that the Association functionaries under reference belong to zone instead of local branch unit. It has further directed that their case is to be decided by the highest authority in the hierarchy. 5. In this case, the highest authority in the hierarchy can never be below the central authority, i.e., CBEC or Revenue Department. This issue because of being belonged to 36 zones throughout the country instead of a single zone is to be decided by the central authority. The Zones may spread through more than one States also proving that the branch level Association functionaries under CBEC also bear All India status. Thus, a zonal authority cant deny the due benefits all of a sudden while the same were being granted to the Association functionaries for decades. It is nothing but gross injustice and harassment to the Association functionaries. The stay of the Association functionaries at Association/administrative headquarters office is also necessary to pursue welfare activities with the top zonal authority and play effective role under the employee grievances redressal mechanism. This will go a long way in mitigating staff problems and create a very congenial working environment improving the functional efficiency in the govt. Such branch Association functionaries at zonal levels should, therefore, be allowed to get posted either to headquarters of the Association or to any other centrally located office under the concerned zone. 6. The DOPT clarification ID No. 16/18/2008-JCA Dt. 01.12.09 as well as above referred OM No. 16/18/2008-JCA Dt. 03.09.12 also says that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable in comparison to the DOPT guidelines on the issue. Despite of the above clarification, the branch Association functionaries at zonal level are being denied the due benefits. The decades long practice of granting the said benefits to them has been stopped all of a sudden in totally arbitrary and unjust manner. 7. In view of the above, it is again requested that the consolidated guidelines following the letters No. 2/7/88-CS(IV) dt. 19.08.08 and 9/34/87-JCA dt. 08.03.88 of DOPT granting the due benefits to the Association functionaries of this Association at branch as well as central level may also kindly be issued at an early date enabling the fulfilment of the object of formation and recognition of the Association. Thanking you, Yours faithfully, Encls: As above. (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Lokanath Mishra Mob. 09437314941 Address for communication: 240, Razapur, Ghaziabad-201001 (U.P.) mail Id: [email protected] Secretary General: Ravi Malik Mob. 09868816290Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585)

(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 34/M/12 Dt. 17.09.12 To, Sh. B. K. Hariprasad, The Honble Member of Parliament, New Delhi. Sub: Promotional avenues of Central Excise officers vs. Cadre restructuring in CBEC. Sir, It is submitted with due regards that the cadre restructuring proposal of CBEC is presently with the Cadre Review Committee. Waiting for final approval of it, our officers are forced to retire every month without further promotion. The drastic cuts have been made to the proposal by DOPT. By these cuts, not only the promotional avenues of the officers but also the overall efficiency will suffer. The unjustified cuts will also affect the revenue collection alongwith the increase of the possibility of smuggling activities, infiltration of contrabands and lethal weapons posing serious threat to the security of the Nation due to the shortage of working hands. DOPT has made drastic cuts to the proposal despite of the approval by the Expenditure. 2. The existing ratio between group A entry level to group B is 1:16 in CBEC while 1:2 in CBDT or even more at other places. As a result, the common entry officers in other organisations are attaining PB4 level (5 to 6 promotions) whereas the officers recruited as Inspector of Central Excise retire in PB2 only (1 promotion). 3. The Standing Committee on Finance in its 52nd report had interalia observed that in CBEC the majority of direct recruit Inspectors of Central Excise and Preventive officers get only one functional promotion during average service span of 35 years. Main reason for such acute stagnation is the ratio (1:15) between the strength of Assistant Commissioner (group A) & group B level. In other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee expresses its concern over the pathetic situation of manpower shortage and desires both CBDT and CBEC to hasten formulation of a policy in this regard while giving interim relief to stagnating cadres. According to the Ministry, the Cadre restructuring proposal of both the Departments is under consideration of the Department of Personnel & Training. Since shortage of staff is the main reason for shortfalls in the performance of both the Departments, the Committee desires the Government to pursue the matter of cadre restructuring with the DOPT in a time-bound manner." 4. It is further submitted that the ongoing cadre restructuring would be insufficient to remove the stagnation of the Central Excise executive officers who are retiring with single promotion in the service career and forced to work under their extreme juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation. The single cadre of Inspector has been trifurcated into 3 categories in absolutely unjustifiable manner, i.e., Inspector (Central Excise & Land Customs), P.O. (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively by CBEC re-merging at the group A entry level. This places the Inspector (Central Excise & Land Customs) 20 years behind the Examiner (Inspector Customs) due to the discriminatory rate of promotion and faulty recruitment rules. 5. The specific directions dt. 03.08.11 of the Honble Supreme Court in Civil Writ Petition No. 385/10 to frame new recruitment rules for the just & fair representation of each category and also abide all ad hoc promotions with new rules are not being followed by CBEC even after the expiry of second deadline on 30.06.12. The CBEC instead of framing the rules of parity in promotions has arbitrarily fixed again an incorrect ratio of 13:2:1 in place of 6:1:2 (Central Excise Superintendent:Customs Superintendent:Customs

Appraiser) to enter group A. If it is calculated even based on their own formula, it should be 17:2:1 as per sanctioned strength and 22:2:1 as per working strength. As per the said ratio, around 300 (as per 17:2:1) or 500 (as per 22:2:1) Appraisers have already been entered excess into group A. Accordingly, around 3900 (as per 17:2:1) or 6500 (as per 22:2:1) of our Superintendents of Central Excise should also enter group A keeping their relative seniority intact by granting them notional promotions. However as per the DOPT guidelines, the ratio should be 38:2:1 as per sanctioned strength and 44:3:1 as per working strength. It is also worth to submit as per DOPT guidelines that ratio formula is not applicable where the number of promotional posts is too less as only 2.7% in our case. 6. The IRS officers of CBEC were granted parity with their common entry counterparts of CBDT in the last cadre restructuring and they are going to get the parity with other better placed common entry group A counterparts in the ongoing cadre restructuring. But no parity with common entry counterparts like CBDT, CSS etc. has been considered for Central Excise executive officers. This parity is very well possible by adopting the measures like time bound promotions, notional promotions, creation of supernumerary posts, creation of separate service, direct promotion to higher post/s, upgradation of posts, in-situ promotions or any other specific measure/s and re-framing the RRs without trifurcating a single cadre of Inspector or Superintendent prescribing the qualifying service in consonance of the latest OM No. AB-14017/61/2008Estt.(RR) dt. 24.03.09 of DOPT which clearly stipulates the promotion of Inspector completing 12, 17 & 20 years of service to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively. The validity of this OM was also admitted by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but they showed their inability to implement the same due to want of required number of vacancies/posts. It is, therefore, requested that the required number of posts may kindly be created and the said OM implemented. If the creation of the required number of posts is really impossible, our officers may kindly be granted in-situ promotions which requires no creation of posts. 7. It is further submitted that no heed has been paid to the DOPT communications issued vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No. 35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the cadre restructuring process should be viewed to mitigate the stagnation of the stagnated employees. The CBEC already has odd number of around 30000 group B Central Excise executive officers comprising Superintendents and Inspectors retiring only with one promotion in their service career but no measures have been taken to mitigate their acute stagnation. 8. In view of the above, it is requested that the cadre restructuring of CBEC may kindly be approved & implemented in its original form without any cut. An immediate device independent of cadre restructuring may also kindly be formulated for the acutely stagnated Central Excise executive officers granting them parity with their common entry counterparts enabling them also to retire in PB-4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.


(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 35/M/12 Dt. 17.09.12 To, Sh. B. K. Hariprasad, The Honble Member of Parliament, New Delhi. Subject: Pay scale/Grade Pay and Pay Brand to the Superintendent of Central Excise. Sir, It is submitted with due regards that the Committee constituted to look into the disparity of pay-scales and other grievances of the Group B and C executive staff of Customs, Central Excise & Income Tax arising out of the recommendations of the 5th CPC admitted the job contents and nature of duties of Superintendent of Central Excise to be similar to the Chief Enforcement Officer, Superintendent of NCB, UT Civil and Police Services, Deputy Central Intelligence Officer in IB and DSP in CBI etc. 2. The 6th CPC under the para 7.15.24 of its report has also stated that the Chief Enforcement Officer has traditionally been on par with the ITOs/analogous posts in CBDT and CBEC. Since the parity between these posts is well established, the Commission recommends that the same should be maintained in future. The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group A scale of Rs. 8000-13500/- since 04.10.05. The Deputy Central Intelligence Officer in IB and DSP in CBI have already been placed in a group A scale since 01.01.86. 3. Despite of such recommendations of 6th CPC, the Grade Pay of the Superintendent of Central Excise has been fixed to Rs. 4800/- in PB-2 only w.e.f. 01.01.06 whereas a Grade Pay of Rs. 5400/- in PB3 for Deputy Central Intelligence Officer in IB and DSP in CBI etc. and also a Grade Pay of Rs. 5400/- for the Chief Enforcement Officer. 4. It is also submitted that the Jabalpur CAT had directed the government in O.A. No. 541/94 to pay the arrears of pay to the Inspectors of Central Excise w.e.f. the date of enhancement of pay scale of the Inspectors of CBI, if both of the categories were granted the same pay scale by the 5th CPC. The 5th CPC placed both of the categories in the same pay scale but the payment of the arrears to the Inspectors of Central Excise is still awaited. All of then Inspectors of Central Excise have already become Superintendents now but waiting for the payment of the arrears. 5. It is, therefore, requested that the Superintendents of Central Excise may kindly be granted a Grade Pay of Rs. 5400/- in PB-3 w.e.f. the date of the enhancement of the pay scale of the above mentioned counterparts and the payment of the arrears may also kindly be made accordingly also including as requested in above para 4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.


(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 36/M/12 Dt. 17.09.12 To, Sh. Sriprakash Jayaswal, The Honble Minister of Coal, Govt. of India, New Delhi. Sub: Promotional avenues of Central Excise officers vs. Cadre restructuring in CBEC. Sir, It is submitted with due regards that the cadre restructuring proposal of CBEC is presently with the Cadre Review Committee. Waiting for final approval of it, our officers are forced to retire every month without further promotion. The drastic cuts have been made to the proposal by DOPT. By these cuts, not only the promotional avenues of the officers but also the overall efficiency will suffer. The unjustified cuts will also affect the revenue collection alongwith the increase of the possibility of smuggling activities, infiltration of contrabands and lethal weapons posing serious threat to the security of the Nation due to the shortage of working hands. DOPT has made drastic cuts to the proposal despite of the approval by the Expenditure. 2. The existing ratio between group A entry level to group B is 1:16 in CBEC while 1:2 in CBDT or even more at other places. As a result, the common entry officers in other organisations are attaining PB4 level (5 to 6 promotions) whereas the officers recruited as Inspector of Central Excise retire in PB2 only (1 promotion). 3. The Standing Committee on Finance in its 52nd report had interalia observed that in CBEC the majority of direct recruit Inspectors of Central Excise and Preventive officers get only one functional promotion during average service span of 35 years. Main reason for such acute stagnation is the ratio (1:15) between the strength of Assistant Commissioner (group A) & group B level. In other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee expresses its concern over the pathetic situation of manpower shortage and desires both CBDT and CBEC to hasten formulation of a policy in this regard while giving interim relief to stagnating cadres. According to the Ministry, the Cadre restructuring proposal of both the Departments is under consideration of the Department of Personnel & Training. Since shortage of staff is the main reason for shortfalls in the performance of both the Departments, the Committee desires the Government to pursue the matter of cadre restructuring with the DOPT in a time-bound manner." 4. It is further submitted that the ongoing cadre restructuring would be insufficient to remove the stagnation of the Central Excise executive officers who are retiring with single promotion in the service career and forced to work under their extreme juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation. The single cadre of Inspector has been trifurcated into 3 categories in absolutely unjustifiable manner, i.e., Inspector (Central Excise & Land Customs), P.O. (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively by CBEC re-merging at the group A entry level. This places the Inspector (Central Excise & Land Customs) 20 years behind the Examiner (Inspector Customs) due to the discriminatory rate of promotion and faulty recruitment rules. 5. The specific directions dt. 03.08.11 of the Honble Supreme Court in Civil Writ Petition No. 385/10 to frame new recruitment rules for the just & fair representation of each category and also abide all ad hoc promotions with new rules are not being followed by CBEC even after the expiry of second deadline on 30.06.12. The CBEC instead of framing the rules of parity in promotions has arbitrarily fixed again an incorrect ratio of 13:2:1 in place of 6:1:2 (Central Excise Superintendent:Customs Superintendent:Customs



(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 37/M/12 Dt. 17.09.12 To, Sh. Sriprakash Jayaswal, The Honble Minister of Coal, Govt. of India, New Delhi. Subject: Pay scale/Grade Pay and Pay Brand to the Superintendent of Central Excise. Sir, It is submitted with due regards that the Committee constituted to look into the disparity of pay-scales and other grievances of the Group B and C executive staff of Customs, Central Excise & Income Tax arising out of the recommendations of the 5th CPC admitted the job contents and nature of duties of Superintendent of Central Excise to be similar to the Chief Enforcement Officer, Superintendent of NCB, UT Civil and Police Services, Deputy Central Intelligence Officer in IB and DSP in CBI etc. 2. The 6th CPC under the para 7.15.24 of its report has also stated that the Chief Enforcement Officer has traditionally been on par with the ITOs/analogous posts in CBDT and CBEC. Since the parity between these posts is well established, the Commission recommends that the same should be maintained in future. The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group A scale of Rs. 8000-13500/- since 04.10.05. The Deputy Central Intelligence Officer in IB and DSP in CBI have already been placed in a group A scale since 01.01.86. 3. Despite of such recommendations of 6th CPC, the Grade Pay of the Superintendent of Central Excise has been fixed to Rs. 4800/- in PB-2 only w.e.f. 01.01.06 whereas a Grade Pay of Rs. 5400/- in PB3 for Deputy Central Intelligence Officer in IB and DSP in CBI etc. and also a Grade Pay of Rs. 5400/- for the Chief Enforcement Officer. 4. It is also submitted that the Jabalpur CAT had directed the government in O.A. No. 541/94 to pay the arrears of pay to the Inspectors of Central Excise w.e.f. the date of enhancement of pay scale of the Inspectors of CBI, if both of the categories were granted the same pay scale by the 5th CPC. The 5th CPC placed both of the categories in the same pay scale but the payment of the arrears to the Inspectors of Central Excise is still awaited. All of then Inspectors of Central Excise have already become Superintendents now but waiting for the payment of the arrears. 5. It is, therefore, requested that the Superintendents of Central Excise may kindly be granted a Grade Pay of Rs. 5400/- in PB-3 w.e.f. the date of the enhancement of the pay scale of the above mentioned counterparts and the payment of the arrears may also kindly be made accordingly also including as requested in above para 4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.


(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 38/M/12 Dt. 17.09.12 To, Sh. Jayant Chaudhary, The Honble Member of Parliament, New Delhi. Sub: Promotional avenues of Central Excise officers vs. Cadre restructuring in CBEC. Sir, It is submitted with due regards that the cadre restructuring proposal of CBEC is presently with the Cadre Review Committee. Waiting for final approval of it, our officers are forced to retire every month without further promotion. The drastic cuts have been made to the proposal by DOPT. By these cuts, not only the promotional avenues of the officers but also the overall efficiency will suffer. The unjustified cuts will also affect the revenue collection alongwith the increase of the possibility of smuggling activities, infiltration of contrabands and lethal weapons posing serious threat to the security of the Nation due to the shortage of working hands. DOPT has made drastic cuts to the proposal despite of the approval by the Expenditure. 2. The existing ratio between group A entry level to group B is 1:16 in CBEC while 1:2 in CBDT or even more at other places. As a result, the common entry officers in other organisations are attaining PB4 level (5 to 6 promotions) whereas the officers recruited as Inspector of Central Excise retire in PB2 only (1 promotion). 3. The Standing Committee on Finance in its 52nd report had interalia observed that in CBEC the majority of direct recruit Inspectors of Central Excise and Preventive officers get only one functional promotion during average service span of 35 years. Main reason for such acute stagnation is the ratio (1:15) between the strength of Assistant Commissioner (group A) & group B level. In other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee expresses its concern over the pathetic situation of manpower shortage and desires both CBDT and CBEC to hasten formulation of a policy in this regard while giving interim relief to stagnating cadres. According to the Ministry, the Cadre restructuring proposal of both the Departments is under consideration of the Department of Personnel & Training. Since shortage of staff is the main reason for shortfalls in the performance of both the Departments, the Committee desires the Government to pursue the matter of cadre restructuring with the DOPT in a time-bound manner." 4. It is further submitted that the ongoing cadre restructuring would be insufficient to remove the stagnation of the Central Excise executive officers who are retiring with single promotion in the service career and forced to work under their extreme juniors of Customs belonging to the same cadre recruited through the same examination in the same organisation. The single cadre of Inspector has been trifurcated into 3 categories in absolutely unjustifiable manner, i.e., Inspector (Central Excise & Land Customs), P.O. (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively by CBEC re-merging at the group A entry level. This places the Inspector (Central Excise & Land Customs) 20 years behind the Examiner (Inspector Customs) due to the discriminatory rate of promotion and faulty recruitment rules. 5. The specific directions dt. 03.08.11 of the Honble Supreme Court in Civil Writ Petition No. 385/10 to frame new recruitment rules for the just & fair representation of each category and also abide all ad hoc promotions with new rules are not being followed by CBEC even after the expiry of second deadline on 30.06.12. The CBEC instead of framing the rules of parity in promotions has arbitrarily fixed again an incorrect ratio of 13:2:1 in place of 6:1:2 (Central Excise Superintendent:Customs Superintendent:Customs



(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 39/M/12 Dt. 17.09.12 To, Sh. Jayant Chaudhary, The Honble Member of Parliament, New Delhi. Subject: Pay scale/Grade Pay and Pay Brand to the Superintendent of Central Excise. Sir, It is submitted with due regards that the Committee constituted to look into the disparity of pay-scales and other grievances of the Group B and C executive staff of Customs, Central Excise & Income Tax arising out of the recommendations of the 5th CPC admitted the job contents and nature of duties of Superintendent of Central Excise to be similar to the Chief Enforcement Officer, Superintendent of NCB, UT Civil and Police Services, Deputy Central Intelligence Officer in IB and DSP in CBI etc. 2. The 6th CPC under the para 7.15.24 of its report has also stated that the Chief Enforcement Officer has traditionally been on par with the ITOs/analogous posts in CBDT and CBEC. Since the parity between these posts is well established, the Commission recommends that the same should be maintained in future. The Chief Enforcement Officers were placed in the pay scale of Rs. 7500-12000/- since 01.01.96 and in a group A scale of Rs. 8000-13500/- since 04.10.05. The Deputy Central Intelligence Officer in IB and DSP in CBI have already been placed in a group A scale since 01.01.86. 3. Despite of such recommendations of 6th CPC, the Grade Pay of the Superintendent of Central Excise has been fixed to Rs. 4800/- in PB-2 only w.e.f. 01.01.06 whereas a Grade Pay of Rs. 5400/- in PB3 for Deputy Central Intelligence Officer in IB and DSP in CBI etc. and also a Grade Pay of Rs. 5400/- for the Chief Enforcement Officer. 4. It is also submitted that the Jabalpur CAT had directed the government in O.A. No. 541/94 to pay the arrears of pay to the Inspectors of Central Excise w.e.f. the date of enhancement of pay scale of the Inspectors of CBI, if both of the categories were granted the same pay scale by the 5th CPC. The 5th CPC placed both of the categories in the same pay scale but the payment of the arrears to the Inspectors of Central Excise is still awaited. All of then Inspectors of Central Excise have already become Superintendents now but waiting for the payment of the arrears. 5. It is, therefore, requested that the Superintendents of Central Excise may kindly be granted a Grade Pay of Rs. 5400/- in PB-3 w.e.f. the date of the enhancement of the pay scale of the above mentioned counterparts and the payment of the arrears may also kindly be made accordingly also including as requested in above para 4. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Sushil Kumar Pareek Mob. 09414203722 Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik mail Id: [email protected] Mob. 09868816290Vice Presidents: R.Pratap, Ravi Joshi, K.P.S.Rai, Anil D.Bhavisskar, V.Suresh Kumar, R.L. Sampath Kumar, Lok Nath Mishra, V.N.Jha, K.A.Sayyed, Surendra Singh Joint Secretaries: R.K.Solanki, N.C.Pandey, Anand Kishore, V.S.Kamble, P.C.Ajith Kumar, M.Nagaraju, R.K.Sarkar, Anindya Sundar Roy, Jitendra Singh, M.K.Mishra Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 42/SC/12

Dt. 25.09.12

REMINDER To, Ms. Praveen Mahajan, Chairman, CBEC, North Block, New Delhi. Subject: Revised Recruitment Rules as per the verdict given by the Honble Supreme Court on 03.08.11 & 30.03.12 in C.W.P. No. 385/10 & C.A. No. 1198/05. Sir, Kindly refer to the Ref. No. 144 /11 Dt. 19.08.11, Ref. No. 161 /11 Dt. 08.09.11, Ref. No. 164 /11 Dt. 13.09.11, Ref. No. 168/11 Dt. 15.09.11, Ref. No. 169/11 Dt. 15.09.11, Ref. No. 170/11 Dt. 19.09.11, Ref. No. 181/11 Dt. 20.10.11, Ref. No. 182/11Dt. 20.10.11, Ref. No. 186/11 Dt.24.10.11, Ref. No. 188/11 Dt.24.10.11, Ref. No. 189/11 Dt.24.10.11, Ref. No. 208/11 Dt.22.11.11 and Ref. No. 224/11 Dt. 27.12.11, Ref. No. 42/12 Dt. 17.04.12, Ref. No. 69/12 Dt. 24.05.12, Ref. No. 88/12 Dt. 14.06.12, Ref. No. 100/12 Dt. 02.07.12, Ref. No. 04/SC/12 Dt. 30.07.12, etc. of the Association addressed to the administration and the RRs placed on the site of CBEC. 2. It is submitted with due regards and also with great disappointment that the revised RRs are totally unjustifiable and unacceptable to the Association. The said RRs will never be able to grant the just & fair representation to the officers belonging to the Central Excise stream. Nothing has been done for Central Excise officers despite of the repeated requests of the Association through various representations sent on regular intervals. They shall still be forced to work under their juniors of Customs belonging to the same cadre against all the rules, norms & principles of law as well as natural justice. The inequality among equals shall continue by the newly framed RRs and the Central Excise officers also shall continue to be discriminated like in the past. 3. Your goodself is, therefore, again requested to look into the matter seriously and frame the new RRs on the basis of the representations submitted by the Association for the sake of equity, justice & fairness undoing the injustice, discrimination & humiliation being faced by Central Excise officers for decades. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.


(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 44/M/12 Dt. 26.09.12 To, Honble Finance Minister, Govt. of India, North Block, New Delhi Memorandum Sir, It is submitted with due regards that the Superintendents of Central Excise observed complete fast today on 26.09.12 throughout the country alongwith Superintendents of Customs, Inspectors of Central Excise, Preventive Officers, Administrative Officers, Senior Tax Assistants, Tax Assistants, Stenographers, Drivers, Head Havaldars, Havaldars & Sepoys covering all of three wings, i.e., Central Excise, Customs and Service Tax. None of them ate anything today and all of them bore black badges throughout the day. Peaceful lunch hour demonstrations were also held by them in office compounds. The programme was observed by them without hampering the official work throughout India demanding better promotions, pay scales and worth working conditions. They have been observing different programmes to redress their grievances at least for last 5 years in the Gandhian manner but nobody listened to them despite of the major govt. revenue being earned by them in the form of Central Excise duty, Customs duty & Service Tax. Their cadre restructuring meant for removal of stagnation is pending with govt. for last more than 5 years while the next cadre restructuring becomes due in 5 years. It is not being implemented despite of the approval by the Department of Expenditure as well as Finance Minister. Department of Personnel is delaying it without any justification or valid reason. These officers will be forced to observe big programmes in future, if the authorities keep continued not to listen them. 2. Our officers are forced to retire with single or no promotion in 35-40 years of service career on account of decades long acute stagnation while their counterparts are getting 5 to 6 promotions in other departments. They are deprived of appropriate pay scales while their counterparts are getting higher pay scales. They are facing the worst career prospects as well as working conditions. Their counterparts of CBI, IB etc. were granted higher pay scale as well as higher post in 1986 being placed in group A. Even their counterparts of State services are far better placed than them in r/o pay, promotions, MACP benefits, working conditions etc. The employee grievance redressal mechanism has totally been failed and no prescribed meetings are being conducted by the administration under the scheme as the authorities have no time to see the staffside. They were committed so many things on 18.01.11 at the time of presentation of cadre restructuring proposal but none of the commitments is being fulfilled by the govt. The authorities are not interested to solve their genuine problems at all while the IRS authorities have ensured upto 9 promotions as well as higher pay packages. 3. Our counterparts are retiring in PB4 in other departments while we are forced to retire in PB2 resulting a huge difference in the salaries, pension and other benefits. The verdict given on 03.08.11 and 30.03.12 by the Honble Supreme Court in r/o the promotional avenues is also not being implemented. The officers are also not being granted the due benefits under the MACP scheme announced by the govt. to modify the existing ACP scheme to grant 3 financial upgradations. Rather this scheme has been proved

harmful to us as the officers are getting now after 30 years of service which they were getting after 24 years of service under ACP scheme. The recommendations of the 6 th Central Pay Commission under para 7.15.24 to grant us higher pay scale and chapter 3.1 to grant the parity with counterparts of headquarters offices like Central Secretariat Service are also not being implemented. We have been granted the time scale in PB2 after four years of service while our counterparts in other departments and headquarters offices have been granted this benefit in PB3. We are not being granted the arrears of pay, time scale, promotions and stepping up of pay despite of the orders of courts including Supreme Court. We are being promoted to junior time scale posts while our counterparts in other departments of headquarters offices as well as State services are being promoted to senior time scale posts. Our service is also being counted in discriminatory manner resulting in a loss of around 1 year than our counterparts of headquarters offices in r/o all the benefits. 4. The charter of demands is also enclosed herewith with the request to grant the Association the time for meeting in person at an early date. Detailed submissions regarding the staff grievances will be made during the meeting, if granted. Thanking you, Yours faithfully, Encl: As above. (RAVI MALIK), Secretary General.

Charter of demands 1. Immediate implementation of the cadre restructuring without any cut as already approved by the Expenditure. 2. Parity with other counterparts either in the cadre restructuring or independent of it to retire our officers in PB-4. 3. Immediate fulfilment of the commitments made during the presentation on cadre restructuring proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11. 4. At least four functional promotions in the service career. 5. Immediate implementation of the Supreme Court verdict dt. 03.08.11/30.03.12 abiding all the ad hoc promotions with new recruitment rules. 6. Time-scale in PB3 & direct promotion of Superintendent to senior group A. 7. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc. 8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation without offsetting with time scale on the lines of MACPS adopted by the Uttar Pradesh government or even on better lines. 9. Finalisation of in-situ promotion scheme under consultation of the Association. 10. Counting of regular service in consonance of the letter F. No. A/60/13/RTI/2006-Ad.IIIB Dt. 26.05.11 of CBEC. 11. Parity between the officers of headquarters organisations and field offices as recommended by the th CPC in chapter 3.1 of its report. 6 12. Holding of regular minuted meetings under employee grievances redressal mechanism.


(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 45/M/12 Dt. 26.09.12 To, The Chairman, CBEC, North Block, New Delhi Memorandum Madam, It is submitted with due regards that the Superintendents of Central Excise observed complete fast today on 26.09.12 throughout the country alongwith Superintendents of Customs, Inspectors of Central Excise, Preventive Officers, Administrative Officers, Senior Tax Assistants, Tax Assistants, Stenographers, Drivers, Head Havaldars, Havaldars & Sepoys covering all of three wings, i.e., Central Excise, Customs and Service Tax. None of them ate anything today and all of them bore black badges throughout the day. Peaceful lunch hour demonstrations were also held by them in office compounds. The programme was observed by them without hampering the official work throughout India demanding better promotions, pay scales and worth working conditions. They have been observing different programmes to redress their grievances at least for last 5 years in the Gandhian manner but nobody listened to them despite of the major govt. revenue being earned by them in the form of Central Excise duty, Customs duty & Service Tax. Their cadre restructuring meant for removal of stagnation is pending with govt. for last more than 5 years while the next cadre restructuring becomes due in 5 years. It is not being implemented despite of the approval by the Department of Expenditure as well as Finance Minister. Department of Personnel is delaying it without any justification or valid reason. These officers will be forced to observe big programmes in future, if the authorities keep continued not to listen them. 2. Our officers are forced to retire with single or no promotion in 35-40 years of service career on account of decades long acute stagnation while their counterparts are getting 5 to 6 promotions in other departments. They are deprived of appropriate pay scales while their counterparts are getting higher pay scales. They are facing the worst career prospects as well as working conditions. Their counterparts of CBI, IB etc. were granted higher pay scale as well as higher post in 1986 being placed in group A. Even their counterparts of State services are far better placed than them in r/o pay, promotions, MACP benefits, working conditions etc. The employee grievance redressal mechanism has totally been failed and no prescribed meetings are being conducted by the administration under the scheme as the authorities have no time to see the staffside. They were committed so many things on 18.01.11 at the time of presentation of cadre restructuring proposal but none of the commitments is being fulfilled by the govt. The authorities are not interested to solve their genuine problems at all while the IRS authorities have ensured upto 9 promotions as well as higher pay packages. 3. Our counterparts are retiring in PB4 in other departments while we are forced to retire in PB2 resulting a huge difference in the salaries, pension and other benefits. The verdict given on 03.08.11 and 30.03.12 by the Honble Supreme Court in r/o the promotional avenues is also not being implemented. The officers are also not being granted the due benefits under the MACP scheme announced by the govt. to modify the existing ACP scheme to grant 3 financial upgradations. Rather this scheme has been proved




(Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08) Ref. No. 46/M/12 Dt. 26.09.12 To, The Secretary, Department of Revenue, North Block, New Delhi Memorandum Sir, It is submitted with due regards that the Superintendents of Central Excise observed complete fast today on 26.09.12 throughout the country alongwith Superintendents of Customs, Inspectors of Central Excise, Preventive Officers, Administrative Officers, Senior Tax Assistants, Tax Assistants, Stenographers, Drivers, Head Havaldars, Havaldars & Sepoys covering all of three wings, i.e., Central Excise, Customs and Service Tax. None of them ate anything today and all of them bore black badges throughout the day. Peaceful lunch hour demonstrations were also held by them in office compounds. The programme was observed by them without hampering the official work throughout India demanding better promotions, pay scales and worth working conditions. They have been observing different programmes to redress their grievances at least for last 5 years in the Gandhian manner but nobody listened to them despite of the major govt. revenue being earned by them in the form of Central Excise duty, Customs duty & Service Tax. Their cadre restructuring meant for removal of stagnation is pending with govt. for last more than 5 years while the next cadre restructuring becomes due in 5 years. It is not being implemented despite of the approval by the Department of Expenditure as well as Finance Minister. Department of Personnel is delaying it without any justification or valid reason. These officers will be forced to observe big programmes in future, if the authorities keep continued not to listen them. 2. Our officers are forced to retire with single or no promotion in 35-40 years of service career on account of decades long acute stagnation while their counterparts are getting 5 to 6 promotions in other departments. They are deprived of appropriate pay scales while their counterparts are getting higher pay scales. They are facing the worst career prospects as well as working conditions. Their counterparts of CBI, IB etc. were granted higher pay scale as well as higher post in 1986 being placed in group A. Even their counterparts of State services are far better placed than them in r/o pay, promotions, MACP benefits, working conditions etc. The employee grievance redressal mechanism has totally been failed and no prescribed meetings are being conducted by the administration under the scheme as the authorities have no time to see the staffside. They were committed so many things on 18.01.11 at the time of presentation of cadre restructuring proposal but none of the commitments is being fulfilled by the govt. The authorities are not interested to solve their genuine problems at all while the IRS authorities have ensured upto 9 promotions as well as higher pay packages. 3. Our counterparts are retiring in PB4 in other departments while we are forced to retire in PB2 resulting a huge difference in the salaries, pension and other benefits. The verdict given on 03.08.11 and 30.03.12 by the Honble Supreme Court in r/o the promotional avenues is also not being implemented. The officers are also not being granted the due benefits under the MACP scheme announced by the govt. to modify the existing ACP scheme to grant 3 financial upgradations. Rather this scheme has been proved



ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Lokanath Mishra Mob. 09437314941 Address for communication: Secretary General: 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik mail Id: [email protected] Mob. 09868816290Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 48/Assn /12 To, Ms. Mamta Kundra, Joint Secretary, Establishment, DOPT, North Block, New Delhi.

Dt. 27.09.12

Sub: Posting of Association functionaries. Madam, Kindly refer to the Ref. No. 16/Assn/12 Dt. 13.08.12, 21/Assn/12 Dt. 22.08.12 and 32/Assn /12 Dt. 10.09.12 of the Association and DOPT OM No. 16/18/2008-JCA Dt. 03.09.12. 2. It is further submitted with due regards that the decades long well established practice (also evident from point No. VI of the F. No. 35012/28/92-AD-III-B dt. 30.06.94 of CBEC, already supplied to your goodself alongwith the earlier Ref. No. 21/Assn/12 Dt. 22.08.12) of retaining the office bearers at headquarters of Administration/Association has been stopped in CBEC all of a sudden by withdrawing the benefit from the zonal Association functionaries of Chandigarh Zone. The DOPT clarifications vide ID No. 16/18/2008-JCA Dt. 01.12.09 and OM No. 16/18/2008-JCA Dt. 03.09.12 also say that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable to the guidelines on the issue. Despite of the above clarifications, the branch Association functionaries at zonal level (covering 4 states) are being denied the due benefits. This is also well pertinent to submit that the due benefits are being granted even to the branch level Association functionaries of CSS on building to building basis in Delhi city itself (vide letter No. 2/7/88-CS(IV) dt. 19.08.08 of DOPT) but the same are being denied to our zonal Association functionaries covering the jurisdiction over 4 states instead of branch level within the same city. 3. In view of the above, it is requested that the necessary clarification may kindly be issued to the CBEC on the issue with the copy of the same to the Association. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik Mob. 09437314941 mail Id: [email protected] Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 49/Assn/12 To, Ms. Praveen Mahajan, The Chairperson, CBEC, North Block, New Delhi. Madam,

Dt. 28.09.12

Sub: Posting of Association functionaries. Kindly refer to the meeting held with the Association on 15.03.12 (at the time of yourself looking after the charge of Member, P&V) as well as earlier meetings with the administration. 2. It is submitted with due regards that one of the points raised during the meeting/s was relating to the harassment of the office bearers. The administration was pleased in every meeting to ask for the specific case. Now, the specific case relating to the Association functionaries of the Chandigarh Zone is brought to your kind notice. The both of the key office bearers, i.e., the President (Sh. A. K. Sharma) and General Secretary (Sh. Boota Singh), of the Chandigarh Unit of the Association have been transferred outside (J&K) the headquarters of Association/administration despite of the guidelines issued by the Board vide F. No. 35012/28/92-AD-III-B dt. 30.06.94 (point No. VI) of CBEC to retain the office bearers at headquarters office and also the clarifications issued by DOPT vide ID No. 16/18/2008-JCA Dt. 01.12.09 and OM No. 16/18/2008-JCA Dt. 03.09.12 saying that the existing practice should be continued in r/o of the transfer of the Association functionaries, if it is not less favourable to the guidelines on the issue. As per the well established existing practice also, the office bearers of any of the staff Associations were never being transferred to outside. But the Chandigarh administration was pleased all of a sudden neither to follow the above referred guidelines of CBEC or any of the clarifications of DOPT also nor existing practice. 3. Your kind attention is also invited to the notice of the Association to boycott the Excise Day function with one of the demands in the charter to hold regular meetings with the staffside under the staff grievances redressal mechanism. The CBEC was pleased to issue a circular to all of the cadre controlling authorities of various zones reiterating the holding of the regular meetings under the staff grievances redressal mechanism. But very disappointingly, the Chandigarh administration has not been bothering to hold the prescribed meetings again disobeying the CBEC. Due to this arbitrary act of the Chandigarh administration, the staff grievances have been remaining unredressed for a very long time. Not only it, a handful officers are being favoured and others are discriminated in gross violation of the transfer/posting policy as reported by the Chandigarh Unit of the Association. It has also been reported that some of the good officers are being victimised as a matter of pleasure as one of our officers was forced to retire voluntarily on non-consideration of his medical grounds despite of the recommendations of the concerned Commissioner. The spouse grounds are also not being considered despite of the DOPT guidelines to place both at the same station. 4. Furthermore, neither any alert notice was issued to the above office bearers for I/C transfer nor their names were circulated on the roster meant for posting to the disturbed area like other due officers. Their tenure in the present Commissionerate was also not completed. They were also ordered to be relieved immediately in a discriminatory manner while others were allowed to be relieved upto 01.06.12. They have been transferred in very emergent manner without involving any public interest. Due to such type of discriminative approach, they were forced to file the OA No. 462/CH/2012 in the Chandigarh branch of the

Honble CAT against their arbitrary transfer orders resulting in unnecessary litigation due to high-handed behaviour of the Chandigarh administration. The CAT has directed the Chandigarh administration that their case is to be decided by the highest authority in the hierarchy because of the Union of India being the respondent in the case and also the issue being belonged to 36 zones throughout the country instead of a single zone of Chandigarh.. It is further submitted that the highest authority in our hierarchy is none other than the Chairman of CBEC or Revenue Secretary. The DOPT has also referred the issue to the CBEC. But it has been reported by the Chandigarh Unit that the Chandigarh administration is going to file an appeal in the Honble High Court in totally prejudicial manner without waiting for the verdict to be given by the highest authority in the hierarchy. This unwarranted appeal will also result into the non-productive expenditure in utter disobedience of the directives of the government to follow the austerity measures and also to minimise litigations alongwith the strengthening of the staff grievances redressal mechanism. 5. It is also worth to submit that the object of the formation of the staff Associations is to promote harmonious relationship between the administration and staff-side securing the greatest measure of cooperation in the matters of common concern and increase the efficiency of public service combined with the welfare of the employees. Accordingly, it becomes necessary that the Association functionaries should remain available at the headquarters of the concerned cadre controlling authority or Association headquarters itself. It is necessary to ensure that the Association functionaries are able to participate fully in the deliberations of the council set-up. If any of them is transferred to a far-off place, it will be difficult for them to participate effectively in the concerned council meetings/Association welfare activities. Moreover, it will also be difficult for them to maintain contact with the employees whom they represent and to take up their grievances with the concerned authorities. If the Association functionaries are transferred outside, the staff welfare activities of the Association as well as the employee grievances redressal mechanism will be affected adversely due to the delinking between the administration & staffside. By this, the three tier system of employee grievances redressal mechanism will collapse as Association functionaries will not be able to represent the employee grievances at the appropriate levels. 6. In view of the above, it is requested that a judicious decision may kindly be taken on the issue by retaining the office bearers of the Chandigarh Unit at headquarters office of administration/Association for fulfilment of the object of the formation of staff Associations particularly considering that this issue belongs to 36 zones throughout the country instead of a single zone of Chandigarh. Thanking you, Yours faithfully, (RAVI MALIK), Secretary General.

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERSPresident: Address for communication: Secretary General: Lokanath Mishra 240, Razapur, Ghaziabad-201001 (U.P.) Ravi Malik Mob. 09437314941 mail Id: [email protected] Mob. 09868816290 Vice Presidents: Sampat Rai & Vatan Kamble (Central); Anurag Chaudhary & Ravi Joshi (North); A. Ravinder Singh & Rajan G. George (South); A. S. Roy & Shubhrangshu Deb (East); P. D. Nimhan & S. K. Jha (West) Joint Secretaries: Anand Kishore & Laxmi Lal Singhvi (Central); N. N. Lal & R. K. Solanki (North); G. Srinath & S. Chandrasekar (South); Ashwini Majhi & V. N. Jha (East); G. K. Jhala & M. K. Misra (West) Office Secretary: C.S.Sharma (Mob. 09313885411) Treasurer: N.R.Manda (Mob. 09871483585) (Recognised by G.O.I., Min. of Fin. vide letter F.No. B. 12017/10/2006-Ad.IV A Dt.21.01.08)

Ref. No. 51/meet/12 Dt. 08.10.12 To, The ADG (HRM), CBEC, Rajendra Place, New Delhi. Sub: Request seeking meeting to redress employee grievances. Madam, Kindly refer to the Ref. No. 22/meet/12 Dt. 22.08.12 & 30/meet/12 Dt. 10.09.12 of the Association as well as your letter No. 8/B/118/HRD(HRM)/2012 Dt. 04.10.12. It is submitted with due regards that a full-fledged meeting with the Association was held on 15.03.12 under the chair of Member (P&V). A good number of positive decisions were taken during the meeting. However, the decisions were not reflected correctly in the minutes issued vide F. No. C. 30013/6/2012Ad.IV.A Dt. 04.04.12. The action to be taken by the concerned authority/section on the decisions is still awaited. The brief details in r/o the meeting sought are, however, resubmitted as below1. Immediate approval of cadre restructuring without any cut: The necessary steps may kindly be taken for immediate approval of the cadre restructuring proposal without any cut as already approved by Expenditure. All the posts may kindly be approved on permanent basis and be filled in un-staggered manner only by promotions with no direct recruitment at group A entry level at least for 5 years particularly keeping in view the extraordinarily acute stagnation of the Superintendents/Inspectors of Central Excise. The stoppage of direct recruitment at group A entry level will also protect the IRS (DR) stature. Drastic cuts have been made ignoring the minimum bare functional requirement (for 2010-11) without any link with stagnation. Now in the year 2012-13, the work-load has already increased at least by 80% on account of introduction of negative list of services in Service Tax, opening of new Seaports, ICDs, Airports, major expansion of existing formations including Seaports, LCSs etc. 2. Immediate re-framing of RRs and regularization of all adhoc promotions: The new RRs shall not be able to grant just & fair representation to Central Excise stream and are not acceptable to the Association. All the adhoc promotions may kindly be regularised based on just & fair RRs as per the Apex Court verdict dt. 03.08.11 & 30.03.12 following the precedent of the regularisation of promotions since 1980 as per Apex Court verdict. It may also kindly be ascertained whether the promotions were regularised since 1980 on the previous occasion or since 1979 giving excess vacancies to the Appraiser stream. The regularisation since 1980/1979 is still incomplete because the provisions of extend panel were not applied to it. So, all the promotions since 1980/1979 to till date may kindly be regulerised by framing just & fair RRs and using the extended panel. 3. Notional promotions: As far as the Supreme Court verdict is concerned, the Central Excise officers may kindly be granted notional promotions by creating supernumerary posts for the sake of just & fair representation considering that they are 2 decades behind their counterparts of Customs entered into the same cadre in same organisation through same recruitment process. Central Excise officers are forced to work under 17 years junior of Customs Examiner due to the discrimination meted to them as also admitted by the CBEC in the Board meetings of 12.01.11 & 18.02.11. 4. DPC for financial year 2012-13: Immediate steps may kindly be taken to conduct the DPC for promotion to Group A from Group B executive for the year 2012-13 particularly keeping in view the large scale monthly retirements of the Central Excise Superintendents without promotion. If any dispute of

seniority relating to any other stream is pending, the DPC for the stream/s (Central Excise/Customs Superintendents) having no seniority dispute may kindly be conducted immediately. 5. Posting of Association functionaries: The main office bearers of the zonal units of the Association are being transferred to outstations at some places instead of placing them at administrative/Association headquarters. By it, the staff welfare activities of the Association as well as the employee grievances redressal mechanism is affected adversely due to the delinking of Association functionaries with the administration & staffside both. It is, therefore, requested that at least 3 office bearers (including Unit President and General Secretary) as per the request of the Association may kindly be retained at the headquarters office of the Association or administration in consonance of the letters No. 2/7/88-CS(IV) dt. 19.08.08 and No. 9/34/87-JCA dt. 08.03.88 both of DOPT. 6. Delay in vigilance/disciplinary cases: The prescribed time-frame in vigilance/disciplinary matters is not actually being observed in the field formations. The delay in such matters is posing great hardships before the concerned officers whether relating to conducting of inquiry or taking decision on inquiry report or disposal of appeal or any other vigilance/disciplinary matter. It is requested that all of such cases may kindly be disposed of within the prescribed time-limit. 7. Meetings under the employee grievances redressal mechanism: The prescribed meetings under the mechanism are not being conducted in the field formations despite of the clear directions of Board. The staff grievances are not being redressed due to the non-observance of such meetings despite of the reminder from the Board. All the field formations as well as Board may kindly conduct such meetings at regular intervals with the staff Associations to revive the grievance redressal mechanism. 8. Non Functional Financial Upgradation (NFFU) to the Central Excise executive officers at par with the counterparts of CSS: The officers of organised group-A Services have been granted NFFU at par with the IAS officers vide DOP

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