" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO.

Sunday, 20 August 2017

Authorised office bearers of AIACEGEO

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 77/AIB/A/17                                                                          Dt. 19.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Authorised office bearers of AIACEGEO.
Sir,
Your kind attention is also invited to-
i) e-mail sent on 28.05.17 to your goodself.
ii) e-mail sent on 31.05.17 to your goodself.
iii) the letter Ref. No. 07/AIB/A/17 Dt. 11.06.17 of the Association.
iv) e-mail sent on 12.06.17 to your goodself.
v) the letter Ref. No. 09/AIB/A/17 Dt. 14.06.17 of the Association.
vi) the letter Ref. No. 10/AIB/A/17 Dt. 14.06.17 of the Association.
vii) e-mail sent on 14.06.17 to your goodself.
viii) the letter Ref. No. 13/AIB/A/17 Dt. 22.06.17 of the Association addressed to your goodself.
ix) the letter F.No. 12017/07/2017-Ad.IV-A Dt. 13.07.17.
x) the letter Ref. No. 47/AIB/A/17 Dt. 24.07.17 of the Association addressed to Sh. B. Ginkhan Mang, the Under Secretary (Ad.IV-A), CBEC/CBIC and copy endorsed to all concerned authorities alongwith all enclosures including your goodself.
xi) e-mail sent on 24.07.17 to your goodself.
xii) the letter F.No. 12017/07/2017-Ad.IV-A Dt. 26.07.17.
xiii) the letter Ref. No. 65/AIB/A/17 Dt. 02.08.17 of the Association addressed to your goodself.
xiv) the letter Ref. No. 70/AIB/A/17 Dt. 04.08.17 of the Association addressed to Sh. Amarjit Singh, the Director (Ad.IV).
xv) the submissions made yesterday on 18.08.17 to your goodself.
It seems that all of the above communications have not been put up to your goodself by the concerned hand/section.
            2. It is submitted with due regards that the actual picture on the subject matter was duly communicated to the concerned authorities including your goodself vide above referred letter Ref. No. 07/AIB/A/17 Dt. 11.06.17 of the Association. It is also worth to mention that there arises no question of existing two Associations in the same name of AIACEGEO; there is only one Association which is this one. It is reiterated that the officers are subscribing and the DDO certificates have also been issued till date in the name of this Association only. Sh. R. Manimohan & Company is merely a splinter group formed for fulfillment of their vested interests. The chronology of the General Body Meeting and Convention of the AIACEGEO held at Gandhidham is again submitted as below-
(i) Daman General Body Meeting and Convention of AIACEGEO was held on 01.11.14 & 02.11.14 where it was decided, resolved and adopted that the promotee Central Excise Group ‘A’ officers would also be member of AIACEGEO like Income Tax Gazetted Officers Association (Promotee group ‘A’ officers are also member of ITGOA alongwith ITOs). 37 units of the Association were present in this meeting. Accordingly, amended Constitution of AIACEGEO was sent to CBEC in 2014 itself. Sh. R. Chandramouli himself and Sh. Kousik Roy etc. were also present in this meeting alongwith others. Minutes of the meeting and Constitution of the Association are enclosed as A-I and A-II respectively.
 (ii) Last Associate Executive Committee meeting of AIACEGEO was held on 04.02.17 at Delhi presided by the then President of Association Sh. R. Chandramouli himself. He himself declared this meeting as pre-convention meeting of AIACEGEO. Sh. Kousik Roy declared in this meeting that he & Sh. T. Pyne had resigned from executive committee of the Kolkata Unit of AIACEGEO means he including others are not the members of AIACEGEO after their resignation. Sh. R. Manimohan was also present in this meeting. Minutes of the meeting are enclosed as A-III.                  (iii) In accordance of pre-convention meeting, the Secretary General issued the letter on 17.03.17 (with copy to RS, Chairman & your goodself) for General Body Meeting & Convention to be held at Gandhidham on 27.05.17 & 28.05.17. No need to mention that only the Secretary General is authorized to issue the letter for Convention or any meeting of the Association.
            (iv) Due to the reasons known only to him, Sh. R. Chandramouli wrote a letter Dt. 29.04.17 of Convention of AIACEGEO to be held at Chennai on 27.05.17 & 28.05.17 despite of not being authorized to issue the same. This letter was written unilaterally by Sh. R. Chandramouli without calling any meeting of the units of AIACEGEO.
            (v) More than ¾th units of AIACEGEO attended/supported General Body Meeting and Convention held at Gandhidham on 27.05.17 & 28.05.17 whereas a few units particularly from Chennai Zone and a few splinters attended so-called Convention at Chennai on the same dates. It is worth to mention that the quorum for the General Body Meeting and Convention of the AIACEGEO is 2/3rd of the total strength of the units. It is reiterated that more than 2/3rd units out of total 41 were present at Gandhidham and merely less than 1/4th units (6 or 7) were present at Chennai in addition to a few unelected, unauthorized and resigned splinters from a few units. Thus, General Body Meeting and Convention held at Gandhidham was the legal one by all means whereas the Chennai meeting was no way the legal by any means. The Chennai meeting was held merely by some splinter units/persons. 
            (vi) At Chennai, these were the same splinters who not only divided once Inspectors Association in the past but were also instrumental in supporting, advocating & filing the Bhartan Case on Parmar issue in Chennai/Madras CAT as well as High Court opposing the move of CBEC to conduct the DPC for the post of Asstt. Commissioner. No need to say that these splinters are still instrumental in supporting & advocating the said issue to oppose the move of CBEC to conduct the DPC for the post of Asstt. Commissioner adversely affecting the manpower management in GST at group ‘A’ entry level. They have also got issued the notice of the contempt to the administration by the concerned advocate on this issue to halt the said DPC
            (vii) These splinters gathered in Chennai and nominated so called office bearers of AIACEGEO in their own style instead of participating in the authorized & valid General Body Meeting and Convention held at Gandhidham where the actual and authorized office bearers of AIACEGEO were elected in the democratic manner (election result duly certified by the Election Officer has already been communicated to the concerned authorities including you and again enclosed as A-IV). Sh. Niranjan Godara, the worthy Asstt. Commissioner, was the election officer for the elections held to elect the new office bearers for the AIACEGEO.
            (viii) Thus, the other one is no way an Association but it is only a small & unauthorized group of splinter persons claiming to be AIACEGEO. Invitation to the said splinter group to attend any meeting under CBEC/CBIC can noway be said to be legal.
            3. It is also worth to mention that the letter written directly to the higher authorities without through proper channel and also widely publicized on social media on this issue by the individual namely Sh. R. Manimohan is also a clear cut violation of the Conduct Rules.
4. As far as the matter of the officers with higher designation becoming the member or office bearer of any Association is concerned, it is submitted that in our own CBEC/CBIC-
(i) The Association representing direct recruit IRS officers includes all cadres from Asstt. Commissioner to Chairman. As on date, the President of this Association is a Commissioner and Secretary General is Joint Commissioner. Other office bearers also belong to different Group ‘A’ cadres. 
(ii) The Association representing direct recruit Appraising Officers includes all cadres from Appraisers to promotee Addl. Commissioners/Commissioners. Their Secretary General, President and other office bearers also belong to Group ‘A’.
 (iii) The Association representing Customs Preventive Service Officers includes all cadres from Preventive Officers and Superintendents to Asstt. Commissioners. It is also possible that they may include higher cadres too. As on date, the Secretary General and President of this Association are also Asstt. Commissioners.
(iv) The Association representing promotee Appraising Officers includes Examiners & Appraisers and may be having higher cadres also.
5. It is further worth to mention that Income Tax Gazetted Officers Association in CBDT includes ITOs & promotee Group ‘A’ cadres of Income Tax in our own Department of Revenue. As on date, the President of this Association is an Asstt. Commissioner himself. In recent past, their Secretary General was also an Asstt. Commissioner. Once upon a time, their President was even an Addl. Commissioner.
            6. As far as the majority is concerned, 28 out of total 41 units participated in the General Body Meeting and Convention held at Gandhidham where the undersigned was elected as the Secretary General of the Association with overwhelming margin (The list of the units attending Gandhidham is enclosed as A-V duly verified by the Election Officer). 4 more units supported the General Body Meeting and Convention held at Gandhidham but couldn’t attend it due to some unavoidable circumstances. One or two units liked not to attend either Gandhidham or Chennai. Only a few units attended Chennai with a few other unauthorized splinter individuals. This is sufficient to prove that the majority is with the undersigned and other is merely a splinter group using the name of this Association. No need to say that they may be using the DDO certificates issued in the name of this Association only. It is reiterated that the officers are subscribing and the DDO certificates have also been issued till date in the name of this Association only. All DDO certificates were already submitted to the CBEC at the time of initial recognition as well as renewal. Sh. Manimohan & Co. being related to the Confederation of the Central Government Employees, their possibility of affiliation to a political forum can also not be ruled out.
            7. As far as the issue of becoming the member and office bearer of this Association is concerned, the undersigned is very well the member and office bearer of the Association on the following counts among others-
(i) Daman General Body Meeting and Convention of AIACEGEO was held on 01.11.14 & 02.11.14 where it was decided, resolved and adopted that the promotee Central Excise Group ‘A’ officers would also be member of AIACEGEO like Income Tax Gazetted Officers Association (Promotee group ‘A’ officers are also member of ITGOA alongwith ITOs). Accordingly, amended Constitution of the AIACEGEO was sent to CBEC in 2014 itself. Sh. R. Chandramouli himself and Sh. Kousik Roy etc. were also present in this meeting. The minutes of Daman General Body Meeting and Convention were sent to all units for confirmation, which were not objected by any unit. These minutes were again confirmed and passed particularly on the issue of contesting for the post of Secretary General of the Association by the Asstt. Commissioner before the elections held in Gandhidham. The reply of the election officer to the unit having another contestant for the post of Secretary General on this issue is also enclosed as A-VI.
(ii) In our own Department of Revenue, Income Tax Gazetted Officers Association in CBDT includes ITOs & promotee Group ‘A’ officers. As on date, the President of this Association is an Asstt. Commissioner himself. In recent past, their Secretary General was also an Asstt. Commissioner. Once upon a time, their President was even an Addl. Commissioner.
(iii) In our own organization of CBEC/CBIC, the Association representing direct recruit IRS officers includes all cadres from Asstt. Commissioner to Chairman. As on date, the President of this Association is a Commissioner and Secretary General is Joint Commissioner. Other office bearers also belong to different Group ‘A’ cadres. 
(iv) In our own organization of CBEC/CBIC, the Association representing direct recruit Appraisers includes all cadres from Appraisers to promotee Addl. Commissioners/Commissioners belonging to the appraising stream. Their Secretary General, President and other office bearers also belong to Group ‘A’.
(v) In our own organization of CBEC/CBIC, the Association representing Customs Preventive Service Officers includes all cadres from Preventive Officers and Superintendent to Asstt. Commissioners. It is also possible that they may include higher cadres too. As on date, the Secretary General and President of this Association are also Asstt. Commissioners.
 (vi) In our own organization of CBEC/CBIC, the Association representing Examiners and promotee Appraisers includes Examiners & Appraisers both and may be having higher cadres also.
            (vii) The AIACEGEO is not “Superintendent Association merely representing Superintendents” but it is “All India Association of Central Excise Gazetted Executive Officers representing distinct category of all Central Excise Gazetted Executive Officers including Assistant Commissioners” as resolved in Daman General Body Meeting and Convention like Income Tax Gazetted Officers Association duly recognized under CCS (RSA) Rules.
            (viii) In our own organization of CBEC/CBIC, Sh. R. C. Sharma worked as Secretary General of the Inspectors Association after his promotion to the post of Superintendent once upon a time.
            (ix) In our own organization of CBEC/CBIC, Sh. Ramaswamy Kumar worked as President of this Association after his promotion to the post of Asstt. Commissioner once upon a time.
(x) The undersigned has been duly elected by the member units as Secretary General of the Association with overwhelming response with the margin of 117/29.
            (xi) Not only the undersigned but many other Asstt. Commissioners are also the member as well as office bearers of the Association duly subscribing for it.
            (xii) Even otherwise, the ad-hoc officers are always the members only of the Association belonging to the cadre from which the ad-hoc officers have been promoted. No need to say that the ad-hoc officers are duly entitled to be the members and office bearers of the said Association. The situation has also been clarified by the Govt. of India vide its clarification given by the letter No. 13/03/2014-SR Dt. 27.05.15 of the Government of India, Ministry of Communications & IT, Department of Posts, which has already been sent to the Board authorities including your goodself and again enclosed as A-VII.
            (xiii) It is very clearly mentioned in the promotion order No. 33/2017 of the undersigned including more than 800 officers that the promotions are made purely on ad-hoc basis and does not confer any right on the officers so promoted for any claim for continued officiating or regular promotion in the grade of Asstt. Commissioner and the period of such service shall not count for seniority or as qualifying service for further promotions. Government reserves the right to terminate the ad-hoc appointment and revert the officers to the post from which he/she was promoted. The same thing was mentioned in the promotion order No. 192/2014. This very clearly depicts that all ad-hoc Asstt. Commissioners including the undersigned belong to the post for Association purpose from which they have been promoted. 
8. In view of the above, it is very clear that this is the only legal Association in the name of AIACEGEO and the undersigned is a legal member as well as duly elected legal Secretary General of this Association. Accordingly, it is requested not to give any cognizance to any other person or group of persons or splinters including Sh. Manimohan & Co. in the name of AIACEGEO. It is reiterated that Sh. Manimohan has never been elected the office bearer of AIACEGEO in any authorized convention. There exists and can exist no other Association in the name of AIACEGEO except this one.  
            Thanking you,
Yours faithfully,
Encls: As above.


(RAVI MALIK),

Secretary General.

18.08.17 Meeting with Member (Admn)

ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 50/AIB/G/17                                                                          Dt. 02.08.17
To,
Sh. Sh. Amarjit Singh,
Director (Ad.IV),
CBIC, New Delhi.
Sub: Notice of Meeting – Holding of regular meetings of All recognized Staff Associations of CBEC with Member (A), CBEC on 18.08.2017 at 11.00 AM-reg.
Sir,
Kindly refer to the Notice of Meeting issued vide F.No.C-30013/06/2012-Ad.IVA Vol.II(Pt) Dt. 28.07.17.
2. Accordingly, the following items are submitted for discussions, kind consideration and due redressal-
            A. DPC for the year 2016-17 and 2017-18 for the post of Asstt. Commissioner in CBEC: Immediate holding of DPC for the year 2016-17 and 2017-18 for the post of Asstt. Commissioner in CBIC is very much requested as our officers are regularly retiring without promotion despite of a good number of promotional posts being in hand. The DPCs for the years 2016-17 and 2017-18 should have been conducted in the month of January-16 and January-17 respectively. It is also worth to submit that 2118 posts of temporary Asstt. Commissioner have been created merely for 5 years for the promotions of the promotee officers, out of which more than 3½ years have already expired. No need to submit that the shortage of Asstt. Commissioners would certainly have the adverse effect on the smooth functioning of GST. There seems to be no legal hindrance in holding of DPC as the promotions are to be affected on ad hoc basis. It is also worth to mention that the cadre restructuring was notified in the month of December, 2013 whereas Ist DPC based on it was held in the month of October, 2014, i.e., approximately after 1 year. Accordingly, the period of 5 years for existence of temporary post may kindly be counted from October, 2014 as already requested. Not only it, due steps may also be taken to further extend and make these posts permanent as a part of separate service for group B Central Excise executive officers by adding sufficient number of posts at each level on the lines of CSS. 
B. Initial pay scale to Central Excise Superintendent at par with DSP of CBI (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16) alongwith other perks & allowances etc.: New higher responsibilities of judicial and technical nature were conferred upon Central Excise Superintendents vide Circular No.  922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10. Their responsibilities have again been increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC. No need to say that higher responsibilities are always directly linked with higher pay scales. But very unfortunately, the responsibilities of these officers are on regular increase without any increase in their salary. They had also been conferred with new higher technical/scientific responsibilities of ACES since 2010. The claim of Superintendents becomes even stronger on account of recording statements like a Magistrate under Section 14 of Central Excise Act & Section 108 of Customs Act having validity even before Supreme Court. Not only it, Adjudication Orders are also being prepared by them for Commissioner level officers.  No such responsibilities have been conferred upon any counterpart of them including CBI or IB or accounts & audit or CSS. They are also conferred with the new additional responsibilities every year in the Finance Bill (Budget). Despite of the admission of their parity with the DSP of CBI by Expenditure Department as well as High Power Committee, the pay scale of Central Excise Superintendent has not been enhanced at par with DSP of CBI. It is also worth to submit that the pay scale of DSP of CBI was enhanced without any increase in their responsibilities in 1996 with retrospective effect from 01.01.86 and also without recommendations of CPC. It is, therefore, requested to place Central Excise Superintendent in a pay scale at par with the DSP of CBI. It is also worth to mention that the DSP of CBI etc. are also being paid 25% per month extra salary and also 13 months salary in the year, the same may also kindly be granted to the Central Excise/CGST Superintendents and Inspectors. No need to say that Central Excise/CGST Superintendents also have to play a very important role by bearing very important responsibilities under GST too.  
C. Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16): Central Excise Superintendents are retiring with single promotion on a PB2 post in a career of 35-40 years whereas their common entry counterparts of Customs, CBDT, CSS etc. are easily being promoted to PB4 levels with 5-6 promotions. Central Excise Superintendents are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & same cadre of Inspector in the same organization of CBEC/CBIC. Examiner of 1984 has already become Addl. Commissioner years ago after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd promotion. The counterparts of CSS including Rajya Sabha Secretariat and CBDT are already reaching the level of Joint Secretary and Commissioner respectively in the GP of Rs. 10000/- in PB4. We have nothing against these counterparts and wish them to get even more promotions but also request same benefit for us. All organised group ‘A’ officers recruited with IAS,  the best placed group ‘A’ service, in the same pay scale through common entry were granted financial parity with  counterparts of IAS in the form of non-functional financial up-gradation (NFU) vide DOPT OM No. AB.14017/64/2008-Estt.(RR) Dt. 24.04.09 to compensate lack of promotions. Particularly keeping in view the extraordinarily acute stagnation of Central Excise Superintendents & Inspectors, it is requested that the Central Excise Superintendents/Inspectors may also kindly be granted non-functional financial up-gradation to grant them at least financial parity with their best placed common entry counterparts of CSS etc. (recruited in the same pay scale through common entry examination) after entry into Group ‘B’ or equivalent grade.
D. Non-functional time scale in PB3 to Central Excise Superintendents like other counterparts instead of PB2 after 4 years of service: Time scale has been granted in PB3 to other counterparts of Central Excise Superintendents including CSS, CSSS, Railways, MPA, MEA, DANICS, DANIPS, Railway Board etc. while it is merely in PB2 for Central Excise Superintendents.  It is also worth to submit that the pay scale of the Assistants & Section Officers etc. of CSS was enhanced to grant them parity with Inspectors & Superintendents of Central Excise {F.No. 61(128)/E.III(B)/2012 Dt. 08.08.13}. Now, it is discriminating not to grant the time scale in PB3 to the Central Excise Superintendents at least at par with the Section Officers of CSS, CSSS etc. w.e.f. 01.01.96. It is, therefore, requested to undo the discrimination by granting a time scale of Rs. 5400/- (or 6600/-) in PB3 to the Superintendents w.e.f. date of grant of same to officers of CSS & CSSS.
E. Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers of Central as well as State Governments (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16): The most of the group ‘B’ gazetted officers in Central as well as State governments are being promoted directly to a Senior Time Scale (STS) post with GP of Rs. 6600/- in PB-3 (Level-11) including CSS, CPWD, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat, Enforcement Directorate in Revenue Department itself, Forest services, Police services, Foreign Services, Engineering services, State services etc. But Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with GP of Rs. 5400/-. So, it is requested that Central Excise Superintendents may also kindly be promoted directly to a STS post. They may further be promoted to the post having a Grade Pay of Rs. 8700/- (like CPWD where group ‘A’ direct entry is also in a GP of Rs. 5400/- in PB3 like CBEC) from STS post keeping in view their extraordinarily acute stagnation. It is also worth to submit that the posts in GP of Rs. 5400/- & 6600/- and Rs. 7600/- & 8700/- are functionally same. The weightage of service rendered in group ‘B’ gazetted may also kindly be given to Central Excise Superintendents by granting seniority at least of 1 year for every 3 years at the time of entry into group ‘A’ particularly on account of acute stagnation being faced by them.
F. Scheme to improve the career prospects of Central Excise Superintendents to grant minimum 5 functional promotions as our officers are retiring with single promotion in the service career of 35-40 years (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 and Cabinet also approved to bring a scheme to remove the stagnation of group B Central Excise executive officers independent of cadre restructuring): Our officers are retiring with single promotion on a PB2 post whereas our counterparts are easily attaining PB4 levels. The Group ‘B’ Gazetted officers of ours join the job as Inspector (Group ‘B’ Non-Gazetted) and retire as Superintendent after getting only one promotion during the entire service career of 35-40 years barring 1% whereas other common entry counterparts including Customs, CSS and CBDT under the same Department of Revenue of same Ministry of Finance are getting 5 to 6 promotions upto the level of Joint Secretary/Commissioner after being recruited through one and the same process in the same grade. The matter was raised before the Cabinet Secretary and he was pleased to recommend to the Cabinet to bring the measures to remove the stagnation of our officers independent of cadre restructuring which was duly approved by the Cabinet but no step has been taken till date even after expiry of more than 3½ years. There is no change in the scenario regarding our career prospects despite of the repeated requests and representations made to the administration. Gross injustice is being done to our officers despite of being instrumental with full dedication & commitment to collect the biggest portion of Govt. revenues always above the set targets. Under GST too, the state governments have already upgraded their officers to one rank above. The post of CTO (equivalent or below to the post of Superintendent) has been upgraded to Asstt. Commissioner, Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner to Joint Commissioner, Joint Commissioner to Addl. Commissioner and so on in the states to implement GSTIt is, therefore, requested to kindly bring a department-specific scheme (like FCS in department of Science & Technology or DACP in Department of Health) to enable our officers also attain PB4 levels. Temporary posts of Asstt. Commissioner (without any right for further promotions and created for a limited period) created in the cadre restructuring are also unable to do any good to our officers, that’s why the Cabinet approved to bring measures independent of cadre restructuring on the issue of stagnation for these poor officers. The measures like time bound promotions/scales, notional promotions, creation of supernumerary posts, creation of separate service, direct promotion to higher posts, in-situ promotions, batch to batch functional upgradation, NFU at par with the best counterparts etc. may be taken to bring the scheme. An alternative scheme may also kindly be brought for them to grant- (a) At least 5 in-situ promotions in uniform promotional hierarchy across all Ministries/departments of Govt. of India or (b) In-situ promotions/non-functional upgradation on completion of residency periods prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining in group B non-gazetted cadre. It is worth to submit that no functional posts are required for in-situ promotions. 
G. Flexible Complementary/Dynamic Assured Career Progression Scheme for Superintendents in accordance of the observations of CBEC under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 about the disparities in promotions that it is an alarming anomalous situation: It is reiterated that the most of our officers are retiring with single promotion on a PB2 post (Level-8) in a career of 35-40 years after joining the job as Inspector (Level-7) whereas our counterparts including Customs (intra-organisational counterparts), Income Tax (intra-departmental counterparts), CSS (inter-departmental counterparts) etc. are getting 5 to 6 promotions upto the Level-14. The Cabinet/CRC/Cabinet Secretary recommended to take extra measures to remove stagnation of group ‘B’ Central Excise executive officers independent of cadre restructuring. But very unfortunately, no measures have been taken till date even after more than 3½ years to remove the stagnation of group ‘B’ executive officers in CBEC despite of the recommendations of Cabinet/CRC/Cabinet Secretary. A scheme is, therefore, required to be formulated enabling Central Excise Superintendents and Inspectors also attain Level-13 and above like the common entry counterparts of CBDT, CSS, Customs etc. This can be done by introduction of flexible/dynamic promotion/complementing scheme. This scheme was introduced in the Department of Science & Technology to remove the stagnation of their employees as a department specific measure. Such a department specific scheme was also adopted in Ministry of Health to remove stagnation of employees. Thus, the problem of acute stagnation existing in the cadre of Central Excise Superintendent and Inspector can be solved, if a flexible complementary promotional scheme (FCS) or dynamic assured career progression (DACP) scheme is introduced for them after joining as Inspector. It is also worth to submit that FCS and MACPS both are also applicable simultaneously for the concerned employees. Thus keeping in view the extraordinarily acute stagnation of Central Excise executive officers, it is requested that the Central Excise Superintendents may kindly be granted (if 5 functional promotions are not possible) at least 5 in-situ promotions in uniform promotional hierarchy (as mentioned under the forthcoming point of uniform promotional hierarchy) of functional promotions across all Ministries/departments of Govt. of India under flexible/dynamic promotion/complementing scheme (FCS or (DACP). None of these schemes will need any functional post to be created as in-situ requires merely to place in higher pay scale/s with higher designation but working on existing post.
H. Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay: This circular was issued based on the orders of Jabalpur CAT for the payment of arrears of pay to our officers at par with the CBI Inspectors w.e.f. 01.01.86 but the same is still unimplemented. It is requested to kindly implement the same immediately. Unfortunately, no action is being taken despite of repeated assurances given by the administration. Hon’ble CAT ordered to place the Inspectors of Central Excise under the pay scale of the Inspectors of CBI since 01.01.1986, if pay commission recommends similar pay scale for both of the categories. No need to say that pay commission recommended the same pay scale for both categories.
I. Implementation of para 7.15.24 of 6th CPC report in light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure: 6th  CPC under para 7.14.25 recommended to maintain parity between Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. The competent authority has, however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise Superintendents on 21.11.14 considering para 7.15.24 of the report of VIth CPC but the lower authorities in Expenditure wrote finally vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7th CPC against the approval by the competent authority. It is really disappointing that the matter duly recommended by the 6th CPC has again been asked to be sent to 7th CPC. It is, therefore, requested to kindly undo the discrimination by implementing the para 7.15.24 of 6th CPC report in accordance of approval of 21.11.14 by Expenditure. The pay scale of Chief Enforcement Officer, analogous counterpart of Central Excise Superintendent, under the department of Revenue itself was also enhanced without recommendations of CPC and they are being paid 25% extra salary per month also without the recommendations of CPC.
J. Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS: Main objective of introducing ACP scheme was to grant financial compensation to the govt. servants in lieu of the lack of functional promotions and government employees were to be granted next higher pay scale in their promotional hierarchy.  But the Modified ACP Scheme envisages placement merely in the immediate next higher Grade Pay in the hierarchy of the Grade Pay. Not only it, one MACP upgradation was off set with the non-functional time scale granted to various categories of Group B gazetted officers after completion of 4 years of service. Single grade pay of Rs. 5400/- was also bifurcated into two categories, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in PB3 without the difference of a single rupee under para 8.1 of MACPS.  The worst hit category in this respect is the Central Excise Superintendents who are now able to get only a grade pay of Rs. 5400/- after 30 years or more service which they were able to get only after 24 years of service under ACPS. The State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the time scale. There also exist no same Grade Pays under any Band Pay like para 8.1 of MACPS of the Central Government. They have also been granted the IIIrd MACP upgradation within 26 or less years to their employees without bifurcating the single grade pay at any level. As a result, their officers are able to get 4 financial upgradations (3 financial upgradations+1 time scale) as a combined effect of time scale and MACP Scheme. It is also worth to submit that the offsetting of MACP upgradation with the time scale was also not recommended by the 6th CPC but, very unfortunately, the Government offset the MACP upgradation with the time scale against the recommendations of the Commission. Therefore, the MACP upgradation may kindly be granted in promotional hierarchy without offsetting with the time scale. The benchmark issue in r/o MACPS may also kindly be resolved immediately as requested by the Association vide Ref. No. 125/AIB/M/17 Dt. 18.05.17 as the officers are at loss on many places without any fault of them.  
            K. Uniform promotional hierarchy for all Group ‘B’ officers across all departments/ministries in Govt. of India (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16): The promotional hierarchy is varying department to department in the Govt. of India. Somewhere Group ‘B’ Gazetted Officers are promoted to Level-10 (CBEC, CBDT, Department of Posts etc.), whereas they are being promoted to Level-11 at other places (CSS, Railway Board, CSSS, CPWD, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.). Somewhere Group ‘B’ Non-Gazetted Officers are promoted to Level-10 (CBI, IB, Hindi departments etc.), whereas they are being promoted to Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD etc.) or Level-9 (Department of Posts etc.) at other places. Somewhere promotional hierarchy is Levl-7àLevel-11àLevel-13 (CPWD etc.). Somewhere promotional hierarchy is Level-7àLevel-8àLevel-11àLevel-12àLevel-13 (CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.). Somewhere promotional hierarchy is Level-7àLevel-10àLevel-11àLevel-12àLevel-13 (CBI, IB, Hindi departments etc.). Somewhere promotional hierarchy is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13 (CBEC, CBDT, etc.). Somewhere promotional hierarchy is Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13 (Department of Posts etc.). So, promotional hierarchy after entry into group ‘B’ is required to be made uniform for the sake of justice to all. Posts under Level-10 & Level-11 and also Level-12 & Level-13 being functionally same, ideal promotional hierarchy for all after entry into Group ‘B’ should only be “Level-7àLevel-11àLevel-13àLevel-14à” on the pattern of CPWD. Therefore, the promotional hierarchy for group B officers may kindly be made uniform across all departments/Ministries and the officer may kindly be promoted, functionally or non-functionally, after the completion of residency period as prescribed by DOPT vide OM No. AB. 14017/61/2008-Estt. (RR) Dt. 24.03.09. It is 7 years for Level-7 to Level-11 and 10 years for Level-11 to Level-13 and further 3 years for Level-13 to Level-14 and so on.
               L. Merger of Level 9 and 10 (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16): Pay Commissions always worked to merge the pay scales. But in contrary, the bifurcation of Grade Pay of Rs. 5400/- in PB2 and PB3 by 6th CPC was illogical, unjustified and a gross mistake. This led to discrimination, resentment and consequential litigations. It was expected that 7th CPC would remove this disparity by merger of this bifurcation of single grade pay but, very unfortunately, the CPC has retained the same as Level 9 and Level 10. The same is, therefore, requested to be merged at Level 10.
            M. Finalisation of RRs as per the verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT: The said OA was filed seeking amendments/revision of the Recruitment Rules to bring all the Inspectors (i.e. Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India Combined Examination in parity to maintain the principle of equal opportunity & equality before law and to save the senior Central Excise officers from humiliation of working under their juniors of Customs belonging to the same cadre of Inspector in CBEC. Accordingly, the Govt. undertook before the Hon’ble CAT that the amendment of the Recruitment Rules to the said effect is already under process. The Hon’ble CAT has directed to expedite the process of amendment of the Recruitment Rules by taking effective steps for Notification of the Recruitment Rules, within a reasonable period, preferably within four months from the date of receipt of a copy of the order. In this regard, it is worth to mention that four months time has already expired. As per the minutes drawn against point No. 2 of the meeting held under the Chairpersonship of the former Member (P&V) on 31.01.13 issued vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC also, it was mentioned that the work of framing new RR’s is going on and its progress is being monitored very closely on regular basis. Accordingly, it is requested to expedite the finalization of the Recruitment Rules at an early date to bring all the Inspectors (i.e., Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India Combined Examination at par in the matter of promotions to save the senior Central Excise/CGST officers from humiliation of working under their juniors of Customs.
            N. Upgradation of posts & scales like state governments under GST: The state governments have not only upgraded the various posts under GST but also granted higher pay scales to benefit and motivate their employees for perfect and efficient implementation of GST but, unfortunately,  no such step has ever been taken by CBEC/CBIC despite of the actual work force of Superintendents and Inspectors being totally disappointed, de-motivated, demoralised and job-dissatisfied for decades in r/o the career prospects and pay matters as compared to their counterparts. These poor officers are far behind their counterparts of state governments as well as central government in the above matters. The post of CTO (equivalent to Superintendent or even lower) has not only been placed under a pay scale with Pay Band of Rs. 15,600-39,100/- (PB3) and with Grade Pay of Rs. 5400/- equivalent to Level-10 of Central Government but it has also been upgraded to the post of Asstt. Commissioner and also Inspector or even lower level post has been upgraded to CTO by the state governments. Thus, Asstt. CTO has been upgraded to CTO, CTO to Asstt. Commissioner, Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner to Joint Commissioner and so on in the state governments. Accordingly, CTO has been placed in a pay scale and status of group A entry level in the states. Therefore, it is requested that the same steps may also kindly be taken to upgrade the posts in CBEC/CBIC from the lowest to the highest level to motivate and create the feeling of job-satisfaction among the employees of CBIC for perfect implementation of GST.
O. Authorised office bearers of AIACEGEO: Some other unauthorised body in the name of AIACEGEO with Sh. Manimohan as its Secretary General has also been invited to attend the meeting, who has never been elected the office bearer of AIACEGEO in any authorized convention. The quorum of the General Body Meeting and Convention of the Association being 2/3rd of the total units, the General Body Meeting and Convention of the AIACEGEO was held at Gandhidham. The same was attended/supported by more than 3/4th units and the undersigned was elected as the Secretary General. It is also worth to mention that it has already been resolved in Daman General Body Meeting of the Association that the promotee Central Excise Group ‘A’ officers would also be member of AIACEGEO like Income Tax Gazetted Officers Association. Accordingly, amended Constitution of AIACEGEO was also submitted to CBEC in the year 2014 itself. Therefore, it is requested not to entertain or invite the unauthorised persons in the name of AIACEGEO.
P. Infrastructure and office space: It is reiterated that the staffside is very badly devoid of due infrastructure, prescribed office space, prescribed facilities and basic amenities in CBEC/CBIC. As a result of the cadre restructuring happened in 2002, the office space available with the staffside was given to the higher authorities. History was also repeated after the last cadre restructuring. The staffside is not only devoid of prescribed office space, but they are also devoid of due infrastructure, prescribed facilities and basic amenities in r/o office furniture, vehicles, mobile phones, sims, pen drives, stationary, pens, towels, tumblers, office bags, internet connection, healthy drinking water, clean bathrooms & toilets, libraries, canteens, free office parking, change rooms, gyms etc. Accordingly, prescribed infrastructure, office space, facilities and amenities may kindly be provided to the staffside.  
3. A bit detailed submissions on all of above points addressed to the Member (Admn) are enclosed herewith as Annexure-A to P.
Thanking you,
Yours faithfully,
Encls: As above.


(RAVI MALIK),
Secretary General.    
Copy with the request for necessary action to:
1) The Joint Secretary, Admn (Sh. Sanjiv Kumar/Ms. Hemambika R. Priya), CBEC/CBIC, North Block, New Delhi.
2) The DG, HRD, CBEC/CBIC, New Delhi.
3) The Member (P&V), CBEC/CBIC, North Block, New Delhi.
Annexure-A
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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/AIB/DPC/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: DPC for the year 2016-17 and 2017-18 for the post of Asstt. Commissioner in CBEC.
Sir,
It is submitted with due regards that the DPC for a financial year should be conducted well in advance latest by the month of January of the preceding year as per the DOPT OMs No. 22011/1/2011-Estt.(D) Dt. 23.04.15, 22011/9/98-Estt (D) Dt. 08.09.98, 22011/1/2011-Estt (D) Dt. 11.03.11, 22011/1/2011-Estt (D) Dt. 13.12.13, 22011/1/2011-Esstt(D) Dt. 27.10.16 etc. Accordingly, the DPC for the year 2016-17 and 2017-18 should have been conducted in the months of January, 2016 and January, 2017 respectively.
2. It is further submitted that the chain vacancies on account of cascading effect from higher side are also required to be included for the promotion to the post of Asstt. Commissioner as per the DOPT OM No. 22011/9/98-Estt(D) Dt. 06.10.99. It is clearly mentioned in this OM that the existing and clear anticipated vacancies as well as chain vacancies on account of retirements, promotions, VRS, demise etc. in all higher grades/hierarchy should be included for the purpose of DPC.
3. It is also worth to mention that the cadre restructuring was notified in the month of December, 2013 whereas Ist DPC based on it was held in the month of October, 2014, i.e., approximately after 1 year. Accordingly, the period of 5 years for existence of temporary post may kindly be counted from October, 2014 as already requested. Not only it, due steps may also be taken to further extend and make these posts permanent as a part of separate service for group B Central Excise executive officers by adding sufficient number of posts at each level on the lines of CSS.
4. There seems to be no legal hindrance in holding of DPC as the promotions are to be affected on ad hoc basis. 
5. In view of the above, it is requested to convene DPC at an early date against all unfilled/existing/anticipated  posts of Asstt. Commissioner including promotion quota against regular/permanent posts, retirements, VRS, demise, backlog etc. vacancies as our officers are forced to retire waiting for the rarest IInd promotion in the career. Immediate steps may also kindly be taken as requested in para 3 above.
                        Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-B
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 52/AIB/P/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Initial pay scale to Central Excise Superintendent at par with DSP of CBI (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16) alongwith other perks & allowances etc.
Sir,
            It is submitted with due regards that the feeder cadre of Inspector was placed at par in matter of pay scale in CBEC and CBI on 21.04.04 but the promotional cadre of Central Excise Superintendent is still awaited to be placed at par with the DSP of CBI (promotional cadre for Inspector in CBI). It is further submitted that new higher responsibilities of judicial nature were conferred upon Central Excise Superintendents vide Circular No.  922/12/ 2010-CX issued vide F. No. 208/2/2009-CX-6 Dt. 18.05.10 and 130/12/2010–ST issued vide F. No. 137/68/2010-CX. 4 Dt. 20.05.10. Their responsibilities have again been increased 10 times by enhancing the adjudication limit to Rs. 10 lac vide circular No. 1049/37/2016-CX issued vide F. No. 267/40/2016-CX.8 Dt. 29.09.16 of CBEC. No need to say that increased/higher responsibilities are always directly linked with the increased/higher pay scales. But very unfortunately, there is no increase in the pay scale of Central Excise Superintendents despite of the responsibilities of these officers being on regular increase. They have also been conferred with new higher technical/scientific responsibilities of ACES since 2010. The claim of Superintendents becomes even stronger on account of recording statements like a Magistrate under Section 14 of Central Excise Act & Section 108 of Customs Act having validity even before the Hon’ble Supreme Court. Not only it, Adjudication Orders are also being prepared by them for Commissioner level officers.  No such responsibilities have been conferred upon any counterpart of them including CBI. They are also being conferred with the new additional responsibilities every year in the Finance Bill (Budget). No need to say that Central Excise/CGST Superintendents also have to play a very important role by bearing very important responsibilities under GST too.
2. Despite of the admission by Expenditure Department Under RTI vide OM No. 1148/Dir(A)/2008 Dt. 08.12.08 that the pay scale of Central Excise Superintendent was enhanced on 21.04.04 to grant them parity with DSP of CBI/DCIO of IB (analogous counterparts of Central Excise Superintendent), Central Excise Superintendent was not given the said parity and was granted merely a lower pay scale of Rs. 7500-12000/- w.e.f. 21.04.04 instead of Rs. 8000-13500/- or equivalent (pay scale of DSP of CBI/DCIO of IB).
3. Govt. enhanced the pay scale of DSP of CBI without recommendations of CPC and also without any increase in their responsibilities considering them as Police Organisation. However, Hon’ble CAT of Jabalpur in order in r/o OA 45/2000 didn’t consider them as Police Organisation, whereas Special Police Establishment (Executive Staff) Recruitment Rules and CBI Recruitment Rules, 1987 consider department of Central Excise as a Police Organisation. Section 21 of Central Excise Act and Section 53 of NDPS Act confer powers of Officer-in-Charge of Police Station on Central Excise officers. The Central Excise personnel are also deployed on International Airports, International Sea Ports and International borders side by side with Army, BSF, CRPF and ITBP. These personnel have suffered heavy casualties while dealing with trans-border criminals and countering with dreaded smugglers.  Also as per the OM issued vide F. No. 8/B/90/HRD (HRM)/2011 (Part-I)/4853 Dt. 21.10.14 and No.C.30013/11/2011-Ad.IV.A Dt.02.08.13 of CBEC/the Govt. of India, the Central Excise Superintendents perform their duties in the nature and style of ‘Military’ and ‘Navy’ being uniformed officers bearing “Ashoka Emblem”.
            4. Till 7.2.1996, the pay scale of both posts (Central Excise Superintendent and DSP of CBI) was same, i.e., Rs. 2000-3500/-. Govt. of India vide OM No. 245/23/95 – AVD-II Dt. 08.02.96 of DOPT enhanced the pay scale of DSP of CBI to Rs. 2200-4000/- retrospectively w.e.f. 01.01.86 without any increase in their responsibilities and also without recommendations of CPC. Thus, it is gross injustice not to bring the Central Excise Superintendent at par with the DSP of CBI in the matter of pay scale particularly when the govt. (department of expenditure) also admitted that pay scale of Central Excise Superintendent was enhanced to Rs. 7500-12000/- to grant them parity with the DSP of CBI/DCIO of IB. It is also worth to submit that the DSP of CBI etc. are also being paid 25% per month extra salary and also 13 months salary in the year, the same may also kindly be granted to the Central Excise/CGST Superintendents and Inspectors.
            5. The plea by Central Excise Superintendents for grant of GP of Rs. 5400/- in PB3 has been turned down stating that it is group ‘A’ entry scale. That being the case, the feeder post of Assistant and promotional post of Section Officer were placed in the same pay scale in CSS once upon a time. Likewise, feeder and promotional posts were being placed in the same pay scale in Audit and Accounts services. Also Group ‘B’ officers in Sates and Group ‘A’ All India Service Officers are recruited in the same grade pay of Rs. 5400/- in PB3 and get next promotion to same post in grade pay of Rs. 6600/-. It is also a fact that  pay of any Assistant Commissioner (direct) will always be less than a Superintendent on account of acute stagnation at Inspector and Superintendent levels. Accordingly, there should not be any problem to place Central Excise Superintendent in the Grade Pay of Rs. 5400/- in PB3 (Level 10). This problem may, however, also be solved by promoting the Superintendent directly to STS (Level 11) post like most of the other counterparts or even making the group ‘A’ entry into Grade Pay of Rs. 6600/- (Level 11).
            6. Grant of the pay scale at par with the analogous counterparts of CBI to all Group ‘B’ gazetted executive officers in CBEC/CBIC including the Central Excise Superintendents, Customs Superintendents and Customs Appraisers will involve a negligible financial implication merely to the tune of around Rs. 18 crore particularly when they are earning the revenue always above the set targets regularly every year. They have collected the revenue to the tune of Rs. 8,86,000 crore for the year 2016-17 which is very well above the set target. It is also worth to submit that only a negligible amount of merely around 80 paise is being incurred to collect Rs. 100/- by these officers despite of being faced the worst pay packages and also the worst career prospects. No need to say that the revenue collection and efficiency in tax administration would increase multifold, if these officers are made job-satisfied regarding their pay matters and career prospects.  
               7. The CBEC has also recommended for the grant of a Grade Pay of Rs. 5400/- in PB3 (Level-10) for Central Excise Superintendents to Revenue Hqrs and also to give them next promotion in STS vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But the matter is yet to reach finality.
               8. In view of the above, it is requested to place Central Excise/CGST Superintendent at least under a grade pay of Rs. 5400/- in PB3 (Level-10) or equivalent scale alongwith other perks & allowances etc. w.e.f. the date of grant of the same to the DSP of CBI.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-C
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 53/AIB/NFU/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Batch to batch Non Functional Financial Upgradation to our officers to grant financial parity with the best placed counterparts of CSS etc. (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
            It is submitted with due regards that Central Excise Superintendents are retiring with single promotion on a PB2 post in a career of 35-40 years whereas their common entry counterparts of Customs, CBDT, CSS etc. are easily being promoted to PB4 (Level-13 & above) levels with 5-6 promotions. Central Excise Superintendents are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & same cadre of Inspector and recruited through one & same process under one & same organization of CBEC in one & same department of Revenue of one & same Ministry of Finance with one & same administrative hierarchy. Examiner of 1984 has already become Addl. Commissioner (GP-Rs. 8700/- in PB4/Level-13) years ago after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (GP-Rs. 5400/- in PB3/Level-10). The counterparts of CSS including Rajya Sabha Secretariat and CBDT are already reaching the level of Joint Secretary and Commissioner respectively in the GP of Rs. 10000/- in PB4 (Level-14). We have nothing against these counterparts and wish them to get even more promotions but also request same benefit for us. We may kindly be granted at least financial parity with them as the Central Excise Superintendents are getting salary even less than the pension of their counterparts.
2. All organised group ‘A’ officers recruited with IAS,  the best placed group ‘A’ service, in the same pay scale through common entry have been granted financial parity with  counterparts of IAS in the form of non-functional financial up-gradation (NFU) vide DOPT OM No. AB.14017/64/2008-Estt.(RR) Dt. 24.04.09 to compensate lack of promotions as compared to IAS. This scheme was introduced for group ‘A’ officers to compensate financial loss in comparison to counterparts of IAS. Particularly keeping in view the extraordinarily acute stagnation of Central Excise Superintendents & Inspectors, a proposal for grant of non-functional financial up-gradation to grant them financial parity with the counterparts of CSS was approved and recommended to DOPT by the CBEC. But DOPT without going into the merits returned the same simply saying that NFU was recommended only for Group ‘A’ organized service by the VIth CPC.
3. As far as the group ‘B’ officers are concerned, the CSS officers are the best placed group ‘B’ officers of Govt. of India like IAS in group ‘A’. The group ‘B’ officers at the level of Inspector of Central Excise and the Assistant of CSS are recruited in a common scale of pay through common entry examination conducted by SSC. The officers recruited as Assistant (Group-B, Non Gazetted, Level-7) in the Ministries get the benefit of promotions upto the Joint Secretary level, i.e., i) SO with GP of Rs. 4800/- (Level-8) and Rs. 5400/- in PB3 (Level-10) after 4 years of service, ii) US (Grade-I) with GP of Rs.6600/- (Level-11), iii) DS with GP of Rs. 7600/- (Level-12), iv) Director with GP of Rs. 8700/- (Level-13) and JS with GP of Rs. 10000/- (Level-14). However, the majority of their counterpart Inspectors of Central Excise in CBEC recruited as Group-B (Non Gazetted) through the same All India competitive examination gets only one promotion in 35/40 years of service career.
 4. The Assistants/Section Officers are working in the headquarters offices on policy making seats whereas the Inspectors/Superintendents of Central Excise are working on more important seats of revenue collection in the field formations and GST in the coming time. Despite of working on more important seats, the Inspectors/Superintendents of Central Excise are not treated at par with the counterparts of CSS at least in financial matters. These CSS counterparts are retiring 4-5 grades above the officers recruited as the Inspector of Central Excise. On account of this, the CSS counterparts are getting 60% more pay than the officers recruited as Inspector of Central Excise. Even the pension of CSS counterparts is more than the salary of the officers recruited as Inspector of Central Excise.
5. The group ‘A’ officers in the Ministries are selected under Central Staffing Scheme on deputation basis from organized Group ‘A’ Services or from CSS officers being promoted from the post of Assistant/Section Officer but no such opportunity is available for the Inspectors/Superintendents of Central Excise who are not only looking after the work relating to the collection of Central Excise duty but also looking  after  the  work of collection of Customs duty (including Inland Air Travel Tax and Foreign Travel Tax) and Service Tax and also CGST & IGST. Needless to submit that they are already earning the maximum portion of the govt. revenues always far ahead of the revenue targets in r/o of Central Excise duty, Customs duty and Service Tax with the efficient, committed & effective efforts despite of their total demoralisation, disappointment and job-dissatisfaction in r/o pay & perks, career prospects and working conditions.
6. Above facts very well manifest the injustice meted out to officers recruited as Central Excise Inspector despite of the most important work of revenue collection being done by them for govt. During this course, they have been facing every threat including life of them as well as their families by the hard core criminals, dreaded smugglers and white collared criminals alongwith tremendous administrative pressures. Thus, the officers recruited as the Inspector of Central Excise deserve a far better treatment in every aspect including pay, perks and career prospects. The grant of the non-functional financial upgradation on batch to batch basis with the common entry counterparts of CSS may really be a solace for these hard working Central Excise officers.
7. As far as the importance of the responsibilities is concerned, the Superintendents are discharging all functions relating to assessment, investigation & intelligence, issuance of Show Cause Notices with the responsibility of adjudication. They have not only been conferred with the judicial responsibilities in the matter of adjudication but also been conferred with the judicial responsibilities of recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 and Section 108 of the Customs Act, 1962.  The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. Not only it, the Adjudication Orders are also being prepared by them for the Commissioner level officers. No such responsibilities have been conferred to the CSS officers or any other counterparts of Central Excise Superintendents/Inspectors. It is also important to mention that the judicial officers are not only being highly paid with extra perks but also treated in a far better way in the matter of career prospects than our Superintendents in our country.
8. Though the Central Excise Superintendents are performing more responsible work functions as compared to other common entry counterparts, yet they are facing the worst career prospects instead of being given better treatment. This injustice is being faced by them despite of being the ‘backbone of the government revenue’ on account of being the major revenue collectors for the government in the form of Central Excise duty, Customs duty and Service Tax and also CGST & IGST. In the actual terms, they are the ‘backbone of the government’ on account of being responsible to collect the finance for the government. But very unfortunately, they are being totally ignored in every matter.
9. The parity is the basic concept of our Constitution and the parity in promotions is required to be maintained amongst the similarly placed employees but the Government of India have not initiated any action to maintain parity in promotions as well as pay packages amongst the Group ‘B’ officers. The group ‘A’ officers have already been granted financial parity by the Government of India by the grant of non-functional financial upgradation at par with the counterparts of IAS. Like it, the grant of the batch to batch non-functional financial upgradation after entry into group ‘B’ or equivalent grade is also the immediate need of the time for all group ‘B’ officers to bring them at par at least financially with the best placed group ‘B’ counterparts like CSS etc.  
 10. No need to submit that the VIth as well as VIIth CPC has already recommended to bring parity between the officers of headquarters offices and field offices keeping in view the utmost importance of the work being done by the field officers.
11. This NFU was also recommended for our officers to the VIIth Pay Commission by the CBEC vide F. No. 8/B/70/HRD (HRM)/2014 Dt. 16.01.14 but, unfortunately, the CPC does not appear to have examined this proposal.
12. It has again been recommended by CBEC to the Revenue Hqrs for Central Excise Superintendents and Inspectors vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But nothing has happened to the proposal till date.
             13. In view of the above, it is requested that the Central Excise Superintendents may also kindly be granted non-functional financial up-gradation to grant them at least financial parity with their best placed common entry counterparts of CSS etc. (recruited in the same pay scale through common entry examination) after entry into Group ‘B’ or equivalent grade on batch to batch basis enabling them to retire in PB4 (Level13 & above) like their counterparts.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-D
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 54/AIB/P/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Non-functional time scale in PB3 to Central Excise Superintendents like other counterparts instead of PB2 after 4 years of service.
Sir,
            It is submitted with due regards that the non-functional time scale was granted to the group B officers after 4 years of service on the basis of the recommendations of the 6th CPC. This time scale has been granted in PB3 to other counterparts of Central Excise Superintendents including CSS, CSSS, Railways, MPA, MEA, DANICS, DANIPS, Railway Board etc. since 1996 while it is merely in PB2 for Central Excise Superintendents, that is too since 2006.
            2. It is further submitted that the Central Excise Superintendents were placed in pay scale of Rs.7500-12000 w.e.f. 21.04.04 while officers of CSS & CSSS etc. were placed in equivalent scale w.e.f. 01.01.06 which justifies stronger claim for Superintendents for time scale in PB3 with higher grade pay than the officers of CSS and CSSS w.e.f. the date of grant of same to the officers of CSS & CSSS. The claim of Central Excise Superintendents becomes even stronger on account of judicial responsibilities conferred upon them to adjudicate relevant cases and recording statements like a Magistrate under Central Excise Act & also Customs Act having validity even before Supreme Court. Not only it, Adjudication Orders are also being prepared by them for Commissioner level officers. Central Excise Superintendents are also conferred with the technical & scientific responsibilities under ACES. No such responsibilities have been conferred upon any other counterpart of them.
             3. It is also worth to submit that the pay scale of the Assistants & Section Officers etc. of CSS was enhanced to grant them parity with Inspectors & Superintendents of Central Excise {F.No. 61(128)/E.III(B)/2012 Dt. 08.08.13}. Now, it is discriminating not to grant the time scale in PB3 to the Central Excise Superintendents at least at par with the Section Officers/counterparts of CSS, CSSS etc. w.e.f. 01.01.96. No need to submit that the Central Excise Superintendents are at loss of one level in MACPS due to the non-grant of time scale in PB3 in comparison to other counterparts.
            4. In view of the above, it is requested to undo the said discrimination by granting a time scale at least of Rs. 5400/- in PB3 (Level-10) to the Central Excise Superintendents w.e.f. the date of grant of the same to officers of CSS & CSSS.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-E
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 55/AIB/STS/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Next promotion of Central Excise Superintendent to STS like other group ‘B’ gazetted officers of Central as well as State Governments (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
               It is submitted with due regards that the most of group ‘B’ gazetted officers in the Central as well as State governments are being promoted directly to a Senior Time Scale (STS) post with Grade Pay of Rs. 6600/- in PB-3 (Level-11) including NCB, CSS, MPA, MEA, DANICS, DANIPS, CPWD, Railway Board, CSSS, AFHQ, Rajya Sabha Secretariat, Directorate of Enforcement in our own department of Revenue, Forest services, Police services, Foreign Services, Engineering services, State services etc., while Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with Grade Pay of Rs. 5400/- in PB-3 (Level-10).
2. Not only the promotion directly to STS post, the counterparts of Central Excise Superintendents are also given benefit of seniority in group ‘A’ at many places in lieu of the service rendered by them in group ‘B’. At many places like various services in Railways, Administrative Services, Police Services, Forest Services, State Services etc., the group ‘B’ gazetted officers are allowed the weightage of minimum of 4 years at the time of entry into group ‘A’ also giving them the due benefit of seniority in lieu of the service rendered by them in the group ‘B’ and promotion to STS post. For example, the officers of Provincial Services in Southern States enter into IAS in a grade pay of Rs. 6600/- (Level-11) within 8 years with 4 years of seniority benefit while the most of the Central Excise Superintendents are unable to enter into IRS in a lower grade pay of Rs. 5400/- even after serving for 35-40 years. They enter (if any) into IRS in a grade pay of Rs. 5400/- (level-10) only and retire at same level without any weightage for seniority in group ‘A’.                3. The rationale behind such a provision of weightage or direct promotion to STS group ‘A’ is based on the fact of the promotee officers having gained rich job experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers. But very unfortunately, the Central Excise Superintendents are not being given the said benefit despite of being served for the longest period in group ‘B’ as compared to any other category of the group ‘B’ employees of the Govt. of India.
4. Before the enactment of Indian Customs & Central Excise Service Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’ since senior time scale was not available at that point of time.  It is also worth to submit that the common entry counterparts of CSS are not only being promoted directly to a STS post (Level-11) from Section Officer (analogous to Superintendent and Level-8) but also reaching the level of Joint Secretary (Level-14). The position in CPWD is even more interesting where an officer with a grade pay of Rs. 4600/- (Level-7) is being directly promoted to a post with a grade pay of Rs. 6600/- (STS) and further directly to a post with the grade pay of Rs. 8700/- (Level-13) from a post with a grade pay of Rs. 6600/-. Thus, they don’t need to serve on a post at Level-8, Level-9, Level-10 and Level-12 for promotion to the Level-13 after entry into a post with merely a grade pay of Rs. 4200/- (Level-6).   
 5. IAS, IPS & IFS (Forest) are the most elite services in the country and the group ‘B’ officers are provided weightage even on promotion to these services in lieu of the service rendered in group ‘B’. But nothing such happens to the Central Excise Superintendents at the time of entry (if any) to IRS, the same also being one of the elite services of the Govt. of India.
6. It is also worth to submit that the Superintendents are not only discharging all functions relating to assessment, investigation & intelligence and issuing Show Cause Notice but have also been conferred with the judicial responsibilities of adjudication and also recording statements of various persons in terms of Section 14 of the Central Excise Act, 1944 and Section 108 of the Customs Act, 1962.  The statements tendered before the Central Excise Superintendent have a legal binding and are treated as a valid piece of evidence by various courts including the Hon’ble Supreme Court just like the statements tendered before a Magistrate. Adjudication Orders are also being prepared by them for the Commissioner level officers. However, though the Central Excise Superintendents are performing more responsible work functions as compared to other group ‘B’ gazetted counterparts yet they are facing the worst career prospects instead of being given better treatment. They are being maltreated despite of being the ‘backbone of the government revenue’. In the actual terms, though they are the ‘backbone of the government’ on account of being responsible to earn the finance for the government yet they are being totally ignored in every matter.
7. As far as the Superintendents of NCB are concerned, there also exists an established parity and relativity between the Superintendents of NCB and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise are also working as Superintendents in NCB since the creation of NCB. NCB was also a part of CBEC under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the same post of Group ‘A’ (i.e., Asstt. Commissioner) till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of Central Excise are till now performing their duties as Superintendents of NCB.
8. The mode of recruitment of the Inspectors in CBEC and Intelligence Officers in NCB is also common. The posts of Superintendents in CBEC and NCB are also filled-up through promotion from the Inspectors/Intelligence Officers. The High Power Committee formed by the then Finance Minister also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth Pay Commission had categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar and recommended for parity of Inspector of the Central Bureau of Narcotics with the Inspector of Central Excise.
9. Further; the Central Excise Inspectors, Inspectors of NCB and Assistants of the Central Secretariat Services (CSS) etc., being analogous posts, are recruited through a common entrance examination conducted by the Staff Selection Commission and in a common scale of pay. Once upon a time, the pay scale of the Assistants was lower than the pay scale of the Central Excise Inspectors but was upgraded at par later on. Like it, the pay scale of the Section Officers was also lower than the pay scale of the Central Excise Superintendents once upon a time but was upgraded at par later on. Eventually, the Inspectors are promoted to the rank of Superintendent whereas the Assistants are promoted as Section Officers. The posts of Central Excise Superintendent and Section officer of CSS are analogous, yet the similarity ends here.  Section Officers are promoted directly to the Senior Time Scale post with a grade pay of Rs. 6600/- and reach upto the level of Joint Secretary in the grade pay of Rs. 10000/- whereas the Central Excise Superintendents are promoted (if at all), to the Junior Time Scale post merely with a grade pay of Rs. 5400/- (Level-10). No need to submit that the Central Excise Superintendents are at loss of at least one level in MACPS due to the non-grant of direct promotion to STS post in comparison to other counterparts.
10. It is further submitted that the Superintendents in Narcotics Control Bureau were also granted the enhanced pay scale as well as non-functional time scale on completion of 4 years of service based on the precedent of the grant of the same to the Superintendents of Central Excise.
11. Like CSS, there is a provision of direct recruitment in Group-B non-gazetted and Group-B gazetted posts in CBEC. Hence like CSS , the Group-B gazetted officers of Central Excise and Customs are required to be promoted directly to a post having senior time scale and the Group-B gazetted officers completing 1½ of qualifying service be promoted to  STS posts as it was done in CSS during 1999. CBEC also recommended to VIth CPC for direct promotion of Group B gazetted officers to STS posts, separate service, time scale after every 7 years etc. vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 for these officers but Commission kept mum perhaps not making study of the same. The CBEC has again recommended to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 to promote group B gazetted executive officers directly to STS post after publication of the report of 7th CPC.
12. In view of the above, it is requested that Central Excise Superintendents may also kindly be promoted directly to a senior group ‘A’ post (STS), i.e., Deputy Commissioner like many other counterparts of them including NCB, CSS etc. and also be given due weightage of the service rendered in group ‘B’.
Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-F
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 56/AIB/S/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Scheme to improve the career prospects of Central Excise Superintendents to grant minimum 5 functional promotions as our officers are retiring with single promotion in the service career of 35-40 years (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 and Cabinet also approved to bring a scheme to remove the stagnation of group B Central Excise executive officers independent of cadre restructuring).
Sir,
               It is submitted with due regards that our officers are forced to retire with single promotion on a PB2 post (Level-8) in a career of 35-40 years after joining the job as Inspector (Level-7) whereas our counterparts are easily attaining PB4 levels (Level-13 & above) with 5-6 promotions. The Group ‘B’ Gazetted officers of ours join the job as Inspector (Group ‘B’ Non-Gazetted) and retire as Superintendent after getting only one promotion during the entire service career barring 1% whereas other common entry counterparts including Examiners (under same organization of CBEC in same cadre of Inspector), CSS and CBDT under the same Department of Revenue of same Ministry of Finance are getting 5 to 6 promotions upto the level of Joint Secretary/Commissioner after being recruited through one and the same process in the same grade. The matter was raised before the Cabinet Secretary and he was pleased to recommend to the Cabinet to bring the measures to remove the stagnation of our officers independent of cadre restructuring which was duly approved by the Cabinet but no step has been taken till date even after expiry of more than 3½  years.
               2. There is no change in the scenario regarding our career prospects despite of the repeated requests and representations made to the administration. Gross injustice is being done to our officers despite of being instrumental with full dedication & commitment to collect the biggest portion of Govt. revenues always above even redefined revenue targets. Temporary posts of Asstt. Commissioner created in the cadre restructuring are also unable to undo the injustice, that’s why the Cabinet approved to bring measures independent of cadre restructuring on the issue of our stagnation. These temporary posts will only enable around 4% of our officers to get JTS post for a limited period without any right for further promotions. 
3. Very unfortunately, no measures have been taken till date to remove the stagnation of group ‘B’ executive officers in CBEC despite of the recommendations of Cabinet/CRC/Cabinet Secretary. A scheme is, therefore, required to be formulated on immediate basis enabling Central Excise Superintendents and Inspectors also entered into PB4 levels (at least a Grade Pay of Rs. 8700/-/Level-13) like the common entry counterparts of CBDT, CSS, Customs etc.
4. Central Excise Superintendents/Inspectors are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & the same cadre of Inspector and recruited through one & same process under one & same organization of CBEC in one & same department of Revenue of one & same Ministry of Finance with one & same administrative hierarchy as well as same nature of job. Examiner of 1984 has already become Addl. Commissioner (GP-Rs. 8700/- in PB4/Level-13) after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (GP-Rs. 5400/- in PB3/Level-10). We have nothing against any of our counterparts including Customs and wish them to get even more promotions but the discrimination being done to us should be undone by bringing at par with them 
maintaining the relative seniority in accordance of the initial recruitment without reverting back any of them. Instead, our officers may kindly be brought at par with them by promoting to respective levels.
5. The parity, functional or even non-functional, with the common entry counterparts may be brought by taking the measures like below-
(a) Time bound promotions/scales: Time scales after every 7 years were also recommended by CBEC to 6th CPC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for these officers. No posts will be required to be created for the grant of time scale after every 7 years.
(b) Notional promotions granting batch to batch parity with the best placed common entry counterparts like CSS etc. There already exist so many legal verdicts in the favour of various employees of many other organizations on notional promotions.  
(c) Creation of supernumerary posts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer. There already exist so many legal verdicts in the favour of various employees of many other organizations on supernumerary posts.
(d) Creation of separate service: It was also recommended to 6th CPC by CBEC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures. The draft RR’s for separate service have already been submitted to the CBEC/CBIC by the Association. The separate service for group ‘B’ officers has also been recommended on various occasions by the CBEC and also by the IRS Officers Association. This may be created by taking all of the temporary posts as well as regular posts at group ‘A’ entry level by upgrading these to STS (with the provision of promoting Superintendents directly to STS)+half of existing STS posts+additional posts at each level in proportion to CSS.  
(e) Direct promotion to higher post/s: Customs Ministerial officers have been promoted as Appraiser without working even for a single day on feeder post of Examiner in CBEC. Likewise, our officers may also kindly be promoted directly to the higher posts at par with common entry counterparts.
(f) In-situ promotions (requiring no creation of posts) after completion of residency periods as prescribed by the DOPT.
(g) Batch to batch functional upgradation at par with the best placed common entry counterparts.
(h) Batch to batch non-functional upgradation at par with the best placed common entry counterparts like CSS etc. (also requiring no creation of posts) based on the precedent of DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09 granting NFU to other group ‘A’ officers at par with IAS.
(i) Re-framing of the recruitment rules prescribing the qualifying services in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level. This OM stipulates the promotion of the Inspector grade to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively after completion of 12, 17 & 20 years of service. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. Regarding the want of the required number of vacancies/posts, it is requested that the officers may kindly be granted in-situ promotions after completion of the prescribed service (also requiring no creation of posts) independent of cadre restructuring. A little deviation from the above mentioned DOPT guidelines, already framed with due diligence & application of mind by DOPT, may be understood but the non-implementation of the same at all is never understandable. If the grant of the prescribed grade is not possible within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 years (after completion of 1½ times of qualifying service based on the precedent of CSS of promoting all the Section Officers to the STS post of Under Secretary after completion of 1½ times of qualifying service in 1999).
               6. In view of the above and particularly considering the extraordinarily acute stagnation of our officers, it is requested to kindly bring the scheme accordingly to enable our officers also attain PB4 levels (Level-13 & above).
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-G
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 57/AIB/F/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Flexible Complementary/Dynamic Assured Career Progression Scheme for Superintendents in accordance of the observation of CBEC under OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 about the disparities in promotions that it is an alarming anomalous situation.
Sir,
            It is reiterated with due regards that the most of our officers are retiring with single promotion on a PB2 post (Level-8) in a career of 35-40 years after joining the job as Inspector (Level-7) whereas our counterparts including Customs (intra-organisational counterparts), Income Tax (intra-departmental counterparts), CSS (inter-departmental counterparts) etc. are getting 5 to 6 promotions upto the Level-14. It is also reiterated that the Cabinet/CRC/Cabinet Secretary recommended to take extra measures to remove stagnation of group ‘B’ Central Excise executive officers independent of cadre restructuring. But very unfortunately, no measures have been taken till date even after more than 3½ years to remove the stagnation of group ‘B’ executive officers in CBEC despite of the recommendations of Cabinet/CRC/Cabinet Secretary.
2. A scheme is, therefore, required to be formulated enabling Central Excise Superintendents and Inspectors also attain Level-13 and above like the common entry counterparts of CBDT, CSS, Customs etc. on account of getting salary even less than the pension of their counterparts. This can be done by introduction of flexible/dynamic promotion/complementing scheme. This scheme was introduced for the in the Department of Science & Technology for their employees to remove their stagnation. Such type of scheme was also adopted by the Ministry of Health to remove the stagnation of employees.
3. As already submitted, the Central Excise Superintendents are also forced to work under their extreme juniors of Customs (Examiners) belonging to one & same cadre of Inspector and recruited through one & same process under one & same organization of CBEC in one & same department of Revenue of one & same Ministry of Finance with one & same administrative hierarchy. Examiner of 1984 has already become Addl. Commissioner (Level-13) after getting 5 promotions whereas the Central Excise Inspector of 1984 is yet to get IInd promotion to JTS post of Asstt. Commissioner (Level-10).
4. Thus, the problem of acute stagnation existing in the cadre of Central Excise Superintendent and Inspector can be solved, if a flexible complementary promotional scheme (FCS) or dynamic assured career progression (DACP) scheme is introduced for them after joining as Inspector. The DOPT vide Notification No. 2/41/97-Plc, dated 9.11.98 made the regulation of in-situ promotions under such Flexible Promotional Scheme for Department of Science and Technology. It has been further reviewed by the DOPT and modified Flexible Complementing Scheme guidelines were issued vide OM No. AB/4017/37/2008-Esst(R) dated 10.09.10. It is also worth to submit that FCS and MACPS both are also applicable simultaneously in the case of these officers.
5. In view of the above particularly keeping in view the extraordinarily acute stagnation of Central Excise executive officers, it is requested that the Central Excise Superintendents may kindly be granted (if 5 functional promotions are not possible)-


(a) At least 5 in-situ promotions in uniform promotional hierarchy of functional promotions across all Ministries/departments of Govt. of India under flexible/dynamic promotion/complementing scheme (FCS or (DACP) or
(b) In-situ promotions/non-functional upgradation on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector.
            It is also worth to submit that none of the above measures would require any functional post to be created as in-situ requires merely to place in higher pay scale/s with higher designation but working on existing post.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-H
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 58/AIB/A/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Implementation of the CBEC circular issued vide F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 regarding arrears of pay.
Sir,
            It is submitted with due regards that the said circular was issued based on the orders of Jabalpur CAT for the payment of arrears of pay to our officers at par with the CBI Inspectors w.e.f. 01.01.86, if pay commission recommends the same pay scale for both categories of Inspectors. No need to say that the pay commission recommended the same pay scale for both categories. It is further submitted that all of the then Central Excise Inspectors have already become Superintendents.
            2. Hon’ble CAT ordered to place the officers of Central Excise under the pay scale of the officers of CBI since 01.01.1986 without any condition of consulting Expenditure Department in the matter, if pay commission recommends similar pay scale for both categories. No appeal was made against the order of the Hon’ble CAT.   
3. The implementation of the subject-mentioned circular is still awaited despite of being pursued by the Association on regular basis and repeated assurances given by the administration.
4. In view of the above, it is requested to kindly implement the said circular particularly considering the fact that our officers are retiring on regular basis without getting its benefit.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-I
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 59/AIB/E/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.

Sub: Implementation of para 7.15.24 of 6th CPC report in light of UO No. 6/37/98-IC Dt. 24.11.14 of Expenditure.
Sir,
It is submitted with due regards that the pay scale of the Chief Enforcement Officers, analogous counterparts of Central Excise Superintendent, under our own Department of Revenue itself was enhanced to Rs. 8000-13500/- without the recommendations by CPC vide Order F. No. 1612612004-Ad.I.C dt. 04.10.05. The 6th  CPC under para 7.14.25 recommended to maintain parity between the post of Chief Enforcement Officer and Central Excise Superintendent etc. which has not been implemented till date. Subsequently, the post of Chief Enforcement Officer was re-designated as Assistant Director. The duties and responsibilities of Assistant Director (re-designated) of Enforcement Directorate are at par with the duties and responsibilities of the post of Central Excise Superintendent. The Central Excise Superintendents join the Enforcement Directorate as Assistant Director on deputation basis also. The Chief Enforcement Officers are also being paid 25% extra salary per month also without the recommendations of CPC.
               2. The competent authority in the Govt. of India (Department of Expenditure) has, however, approved an initial grade pay of Rs. 5400/- in PB2 for Central Excise Superintendents on 21.11.14 considering para 7.15.24 of the report of 6th CPC but it was communicated finally to CBEC vide UO No. 6/37/98-IC Dt. 24.11.14 to send the case to 7th CPC against the approval of the competent authority.
               3. It is really unfortunate and totally unjustified that the matter duly recommended by the 6th CPC and duly accepted by the competent authority has again been asked to be sent to 7th CPC. It merely shows the willful hostile discrimination against the Central Excise Superintendents.
               4. In view of the above, it is requested to kindly undo the discrimination by implementing the para 7.15.24 of 6th CPC report in accordance of the approval by the competent authority of the Expenditure on 21.11.14 vide UO No. 6/37/98-IC.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-J
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 60/AIB/MACP/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Undoing of MACP irregularities (para 8.1, upgradation in promotional hierarchy and offsetting of MACP upgradation with time scale) as our officers were able to get the grade pay of Rs. 5400/- in PB3 after 24 years of service under ACPS while now getting the same after 30 years of service under MACPS.
Sir,
            It is submitted with due regards that the main objective of introducing ACP scheme was to grant financial compensation to the govt. servants in lieu of the lack of functional promotions. Before the introduction of ACP scheme in 1999, the most of the Superintendents of Central Excise retired from service without getting IInd promotion (or equivalent pay scale) of the career to the JTS post of Asstt. Commissioner. Upon introduction of ACP scheme, direct recruit Inspectors of Central Excise were granted two financial upgradations on completion of 12 years (if not got Ist promotion) and 24 years (if not got IInd promotion) of regular service.  
2. According to the ACP Scheme, the central government employees were to be granted next higher pay scale in their promotional hierarchy. So, the pay equivalent to the promotional post was ensured under ACP scheme. Many Inspectors of Central Excise were benefited a bit at least financially by this scheme as no promotional avenues were available for them. The Sixth CPC recommendations and government decision on ACP scheme gave surprise and shock to all Central government employees. The Sixth Central Pay Commission recommended Modification of Assured Career Progression Scheme (MACPS) in Para 6.1.15of its report.
3. As per the recommendations, financial upgradation would be available in the next higher grade pay on completion of 12 years of continuous service in the same grade not providing more than two financial upgradations in the entire career as was provided in the previous ACP Scheme. The Scheme was also made available to all posts belonging to Group ‘A’ whether isolated or not. However, organised Group ‘A’ services were not covered under the Scheme. The Government considered the recommendations of the 6th CPC for introduction of  MACPS and accepted the same with further modifications by granting three financial upgradations at the intervals of 10, 20 and 30 years of continuous regular service.  
4. The government decision for modifying the ACP scheme to grant three financial upgradations under MACPS in the hierarchy of Grade Pay instead of promotional hierarchy was surprise & shock for employees. The MACP Scheme envisages placement merely in the immediate next Grade Pay in the hierarchy of the recommended revised Pay Bands and Grade Pay. For example, if a govt. servant appointed as LDC in the grade pay of Rs.1900/-, he will be granted Rs. 2000/- Grade Pay as first MACP upgradation after completing 10 years of regular service though this Grade Pay is not in the promotional hierarchy of the officer concerned. Whereas the first financial upgradation to be granted under ACP Scheme was a pay scale equivalent to Grade Pay of Rs. 2400/- in promotional hierarchy on completion of 12 years of regular service. Not only it, one MACP upgradation was off set with the non-functional time scale granted to various categories of Group B gazetted officers after completion of 4 years of service. Very shockingly, single grade pay of Rs. 5400/- was also bifurcated into two categories, i.e., Rs. 5400/- in PB2 and Rs. 5400/- in PB3 without the difference of a single rupee under para 8.1 of MACPS. 
5. As a result, the Modified ACP Scheme has not served the purpose that it was supposed to. The ACP scheme has been de-modified by it instead of being modified as anything is to be modified to be beneficial instead of harmful. So, the so called Modified Assured Career Progression Scheme needs to be modified again. The financial upgradation has to be granted on the basis of promotional (functional) hierarchy of posts instead of hierarchy of Grade Pay. The Staff Side of National Anomaly Committee also reiterated their demand in the meeting of the Joint Committee of MACP Scheme on 15.03.2011 under the Chairpersonship of the Joint Secretary (Estt) of DOPT that the financial up-gradations under the MACP Scheme should be granted in the promotional hierarchy of posts instead of the Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendations of the 5th CPC and, as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.
6. In this regard, the Judgment of the Chandigarh Central Administrative Tribunal has been upheld by the High Court of Punjab and Haryana. The appeal filed by the Government against the judgment of the High Court of Punjab and Haryana has also been dismissed by the Supreme Court. In a separate case filed in Principal Bench of CAT at New Delhi, the CAT gave its judgment in favour of the applicants to grant MACP upgradation in promotional hierarchy. We have demanded the Central Government to issue the necessary instructions for granting financial upgradation under MACP scheme in promotional hierarchy as per the Court order but nothing has been done till date.
7. We have also demanded to scrap the para 8.1 of the MACP instructions based on the above judgements and also to undo the offsetting of MACP upgradation with non-functional time scale but again nothing done. At the cost of the repetition, it is to submit that the upgradations under MACP Scheme are being given in the hierarchy of Grade Pays instead of promotional hierarchy. There were no such provisions in the original ACP Scheme from which MACP Scheme has been derived by modification of earlier.  A lot of confusion was created after the introduction of the Grade Pay structure establishing two distinct hierarchies: promotional and grade pay-wise. 
8. Promotional hierarchy is also varying from department to department which is required to be made uniform for all for the sake of justice and undo discrimination & disparities. Somewhere Group ‘B’ Gazetted officers are promoted merely to a post at Level-10 (CBEC, CBDT etc.) whereas they are being promoted to a post at Level-11 (CSS, Rajyasabha Secretariat, MEA, DANICS, DANIPS, CSSS, CVC, AFHQ, Railway Board, Foreign Services, Administrative services, Forest services, Police services, DANICS, DANIPS, State services etc.) at other places. Like it, somewhere Group ‘B’ Non-Gazetted Officers are promoted to a post at Level-10 (CBI, IB, Hindi wing of CBEC etc.) whereas they are being promoted to a post at Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD etc.) at other places. Somewhere Group ‘B’ Gazetted Officers are placed in Level-7 (CPWD etc.) whereas Level-8 (CBEC, CBDT etc.) and also Level-9 (Postal department, Audit & Accounts services etc.) at other places. Somewhere promotional hierarchy is Level-7àLevel-11àLevel-13, somewhere Level-7àLevel-8àLevel-11àLevel-12àLevel-13, somewhere Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13 and somewhere it is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13. Some Group ‘B’ Gazetted Officers have been granted the time scale in PB2 and others in PB3. Due to varying promotional hierarchies, some officers got a Grade Pay of Rs. 7600/- and some Rs. 6600/- on IIIrd MACP upgradation. The worst hit category is the Central Excise Superintendents who are now able to get only a grade pay of Rs. 5400/- after 30 years or more service which they were able to get only after 24 years of service under ACPS.
9. So, the promotional hierarchy after entry into group ‘B’ is required to be made uniform for the sake of justice to all. The posts under the grade pays of Rs. 5400/- & 6600/- (Level-10 & 11) and also Rs. 7600/- & 8700/- (Level-12 & 13) being functionally same, the ideal promotional hierarchy for all after entry into Group ‘B’ seems only to be 4600 (L-7)à6600 (L-11)à8700 (L-13)à10000 (L-14). The officers should also be granted the MACP upgradation under this ideal hierarchy of 4600à6600à8700à10000 after joining the job in a grade pay of Rs. 4600/- without offsetting the MACP upgradation with the time scale and also without bifurcating any grade pay. This will give justice to all without any discrimination or disparity. The source of MACPS being one and the same, i.e., common recommendations of the 6th CPC, it is also worth to mention that the State governments like Uttar Pradesh etc. have not offset the MACP upgradation with the time scale. There also exist no same Grade Pays under any Band Pay like para 8.1 of MACPS in the Central Government. They have also granted the IIIrd MACP upgradation within 26 or less years to their employees without bifurcating the single grade pay at any level. As a result, their officers are able to get actually 4 financial upgradations (3 financial upgradations+1 time scale) as a combined effect of time scale and MACP Scheme. It is also worth to submit that the offsetting of MACP upgradation with the time scale was also not recommended by the 6th CPC but, very unfortunately, the Government offset the MACP upgradation with the time scale against the recommendations of the Commission. In order to rectify the above said discrepancies in MACPS, a number of employees approached the legal courts and succeeded. The Hon’ble Supreme Court has also decided that the MACP upgradation shouldn’t be offset with time scale and also the MACP upgradation should be granted in promotional hierarchy.
10. Thus, MACPS proved to be harmful for the employees as the upgradations granted under MACPS were not in accordance to the ‘Promotional Hierarchy’ and one MACP upgradation was offset with the time scale. On account of following the ‘Grade Pay Hierarchy’, the employees got the benefit of Rs. 200/- only at the time of upgradation to Rs. 4800/- from Rs. 4600/- or Rs. 100/- only at the time of upgradation to Rs. 2000/- from Rs. 1900/-  or Rs. nil at the time of upgradation to Rs. 5400/- in PB3 from Rs. 5400/- in PB2. Finally, one could say that MACPS earned the anomaly of being dragged to the legal courts on the most number of times. 
11. The Hon’ble Supreme Court of India in  SLP No. 7467/2013  filed by the Government  against the judgement of the Hon’ble High Court of Chandigarh in CWP No. 19387/2011 has already confirmed the  order dated 31.05.2011 of Chandigarh CAT for grant of financial upgradation in the promotional hierarchy under MACPS. Thus, para 8.1 is not in consonance to the verdict given by the Hon’ble Supreme Court and is liable to be scrapped w.e.f. its initiation. The offset of the MACP upgradation is also liable to be scrapped w.e.f. its initiation as per the verdict given by the Hon’ble Supreme Court in the case of Delhi Nurses Union (Regd.) Vs. U.O.I. and also by the Hon’ble CAT of Ernakulam in the case of Sh. N. K. Gopinatham Vs.  UOI. Thus, the MACPS is totally unable to fulfill the basic purpose of grant of the financial upgradations to counter stagnation due to the lack of promotional avenues.
12. So, the MACPS is required to be based on ideal functional and uniform hierarchy of Level-7àLevel-11àLevel-13àLevel-14 after joining the job Level-7 without offsetting the MACP upgradation with the time scale and also without bifurcation of any grade pay to motivate personnel especially in Central Excise and Customs Department where normal promotional avenues are extraordinarily bleak. There must also be the provisions for stepping-up of the pay of seniors at par with the juniors who are elevated on account of ACPS/MACPS in conformity with the decision of Hon’ble Apex Court in Ashok Kumar case. 
13. In view of the above, it is requested that at least 5 financial upgradations in the ideal promotional hierarchy, as submitted above, may kindly be granted under the scheme without any offsetting with the time scale and also without bifurcating any grade pay. The benchmark issue in r/o MACPS may also kindly be resolved immediately as requested by the Association vide Ref. No. 125/AIB/M/17 Dt. 18.05.17 as the officers are at loss on many places without any fault of them.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-K
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 61/AIB/P/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Uniform promotional hierarchy for all Group ‘B’ officers across all departments/ministries in Govt. of India (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
            It is submitted with due regards that the promotional hierarchy is varying department to department in the Govt. of India.
a) Somewhere Group ‘B’ Gazetted Officers are promoted to Level-10 (CBEC, CBDT, Department of Posts etc.), whereas they are being promoted to Level-11 at other places (CSS, Railway Board, CSSS, CPWD, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.).
b) Somewhere Group ‘B’ Non-Gazetted Officers are promoted to Level-10 (CBI, IB, Hindi departments etc.), whereas they are being promoted to Level-8 (CBEC, CBDT etc.) or Level-7 (CPWD etc.) or Level-9 (Department of Posts etc.) at other places.
c) Somewhere promotional hierarchy is Levl-7àLevel-11àLevel-13 (CPWD etc.).
d) Somewhere promotional hierarchy is Level-7àLevel-8àLevel-11àLevel-12àLevel-13 (CSS, Railway Board, CSSS, AFHQ, CVC, UPSC, MEA, MPA, NCB, Rajya Sabha Secretariat etc.).
e) Somewhere promotional hierarchy is Level-7àLevel-10àLevel-11àLevel-12àLevel-13 (CBI, IB, Hindi departments etc.).
f) Somewhere promotional hierarchy is Level-7àLevel-8àLevel-10àLevel-11àLevel-12àLevel-13 (CBEC, CBDT, etc.).
g) Somewhere promotional hierarchy is Level-7àLevel-9àLevel-10àLevel-11àLevel-12àLevel-13 (Department of Posts etc.).
2. So, promotional hierarchy after entry into group ‘B’ is required to be made uniform for the sake of justice to all. Posts under Level-10 & Level-11 and also Level-12 & Level-13 being functionally same, ideal promotional hierarchy for all after entry into Group ‘B’ should only be “Level-7àLevel-11àLevel-13àLevel-14à” on the pattern of CPWD.
3. In view of the above, the promotional hierarchy for group B officers may kindly be made uniform across all departments/Ministries and the officer may kindly be promoted, functionally or non-functionally, after the completion of residency period as prescribed by DOPT vide OM No. AB. 14017/61/2008-Estt. (RR) Dt. 24.03.09. It is 7 years for Level-7 to Level-11 and 10 years for Level-11 to Level-13 and further 3 years for Level-13 to Level-14 and so on.
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
Annexure-L
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 62/AIB/M/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Merger of Level 9 and 10 (already recommended by CBEC to the Deptt. of Revenue vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16).
Sir,
 It is submitted with due regards that the Pay Commissions always worked to merge the pay scales. The creation of Grade Pay of Rs. 5400/- in PB2 and PB3 by 6th CPC was illogical, unjustified and a gross mistake. This led to discrimination, resentment and consequential litigations. It was expected that 7th CPC would remove this disparity by merger of this bifurcation of a single grade pay but, very unfortunately, the CPC has retained the same as Level 9 and Level 10.
            2. The same is, therefore, requested to be merged at Level 10. Merger of Level 9 and 10 has also been recommended by the CBEC to the Revenue Hqrs vide OM F. No.A-26017/154//2015-Ad.IIA Dt. 22.02.16 after the issuance of the 7th CPC report. But very unfortunately, the same is still to be resolved.
                              Thanking you,
Yours faithfully,
                                                                                                                                                           


 (RAVI MALIK),
Secretary General.
  
Annexure-M
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 63/AIB/P/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Finalisation of RRs as per the verdict given in OA No. 2323/2012 by Principal Bench of Hon’ble CAT.
            Kindly refer to the letter Ref. No. 35/P/17 Dt. 09.03.17, 36/AIB/P/17 Dt. 10.07.17 and consequent communications of the Association.
            2. It is submitted with due regards that the Association filed the said OA seeking amendments/revision of the Recruitment Rules to bring all the Inspectors (i.e. Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India Combined Examination in parity to maintain the principle of equal opportunity & equality before law and to save the senior Central Excise officers from humiliation of working under their juniors of Customs belonging to the same cadre of Inspector in CBEC. Accordingly the Govt. undertook before the Hon’ble CAT that the amendment of the Recruitment Rules to the said effect is already under process.
            3. The Hon’ble CAT has directed to expedite the process of amendment of the Recruitment Rules by taking effective steps for Notification of the Recruitment Rules, within a reasonable period, preferably within four months from the date of receipt of a copy of the order. In this regard, it is worth to mention that the four months time has already expired.
            4. Accordigly, the RR’s may kindly be re-framed prescribing the qualifying services in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 without trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level. This OM stipulates the promotion of the Inspector grade to the grade of Joint Commissioner, Additional Commissioner & Commissioner respectively after completion of 12, 17 & 20 years of service. The validity of this OM was also not questioned by CBEC during the presentation of cadre restructuring proposal on 18.01.11 but CBEC showed its inability to implement the same due to the want of the required number of vacancies/posts. Regarding the want of the required number of vacancies/posts, it is requested that the officers may kindly be granted in-situ promotions (requiring no creation of posts) after completion of the prescribed service. A little deviation from the above mentioned DOPT guidelines, already framed with due diligence & application of mind by DOPT, may be understood but the non-implementation of the same at all is never understandable. If the grant of the prescribed grade is not possible within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 (after completion of 1½ times of qualifying service based on the precedent of CSS of promoting all the Section Officers to the STS post of Under Secretary after completion of 1½ times of qualifying service in 1999) years. In CSS, they still have provisions of in-situ promotions upto the level of Joint Secretary.
5. Accordingly, the Association has already suggested to form the RR’s on the following lines to benefit already stagnated as well as new generation of the officers prescribing qualifying service based on the above mentioned OM of DOPT after unifying all of 3 categories into single stream (without trifurcating the single cadre) at group ‘B’ non-gazetted (Inspector) as well as group ‘B’ gazetted (Superintendent) level–
 (i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- (Level-8) after joining as Inspector (Level-7) as there is no justification to enhance this residency period above two years keeping in view the mere benefit of Rs. 200/- being granted on promotion. 
(ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- (Level-11) after joining as Inspector (There is no justification of promoting an officer from a grade pay of Rs. 5,400/- to 5,400/-. It is also submit-worthy that the most of the group ‘B’ gazetted officers including NCB andCSS are being promoted to a senior group ‘A’ post instead of junior group ‘A’ in Central as well as State governments.).
(iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- (Level-12) after joining as Inspector.
(iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- (Level-13) after joining as Inspector.
(v) 20 years for promotion to a post with a grade pay of Rs. 10,000/- (Level-14) after joining as Inspector.
             (vi) and so on.
6. In addition to the above residency periods and keeping in view the extraordinarily acute stagnation of Central Excise executive officers, there should kindly be incorporated the permanent provision in the recruitment rules  to promote the officer automatically to the higher grade as soon as he/she completes 1½ times of qualifying service in r/o any grade. This will not only remove the regional disparities but also grant the opportunity to our officers to reach higher levels like the common entry counterparts. It is also well pertinent to mention that any officer is called stagnated, if he/she doesn’t get promotion even on completion of 1½ times of qualifying service prescribed for promotion by DOPT.
7. As per the minutes drawn against point No. 2 of the meeting held under the Chairpersonship of the Member (P&V) on 31.01.13 issued vide No.C.30013/6/2012-Ad.IV.A. Dt. 15.02.13 of CBEC, it was mentioned that the work of framing new RR’s is going on and its progress is being monitored very closely on regular basis. Further, it has been mentioned that the RR’s as per DOPT guidelines would be finalized soon. So, the matter is required to be expedited immediately in strict consonance of the relevant DOPT guidelines issued vide OM No. AB-14017/61/2008-Estt.(RR) dt.24.03.09 as per prayer of the Association.
8. In view of the above, it is requested to expedite the finalization of the Recruitment Rules at an early date to bring all the Inspectors (i.e., Inspectors of Central Excise, Preventive Officers and Examiners of Customs) recruited in a particular year through All India Combined Examination at par in the matter of promotions to save the senior Central Excise/CGST officers from humiliation of working under their juniors of Customs
               Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.
                                                                                   Annexure-N
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 64/AIB/U/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Upgradation of posts & scales like state governments under GST.
Sir,
            It is submitted with due regards that the state governments have not only upgraded the various posts under GST but also granted higher pay scales to benefit and motivate their employees for perfect and efficient implementation of GST.
            2. The copies of the relevant documents in r/o the states of Andhra Pradesh, Rajasthan and Chhattisgarh have already been provided to the Board authorities for ready reference. No need to say that the states are taking every step to motivate their employees in r/o career prospects and pay matters for the perfect implementation of GST whereas the same is very terribly missing in our CBIC. All kudos to the state governments for the steps taken to motivate the employees and generate feeling of healthy competition among them in r/o GST. It is really unfortunate, de-motivating and demoralizing that no such steps have ever been taken by CBEC/CBIC despite of the actual work force of Superintendents and Inspectors being totally disappointed, de-motivated, demoralised and job-dissatisfied for decades in r/o the career prospects and pay matters as compared to their counterparts. No need to say that these poor officers are far behind their counterparts of state governments as well as central government in the above matters. Such matters, having an endless list, are being regularly communicated to the CBEC/CBIC but without any remedy.
            3. The post of CTO (equivalent to Superintendent or even lower) has not only been placed under a pay scale with Pay Band of Rs. 15,600-39,100/- (PB3) and with Grade Pay of Rs. 5400/- equivalent to Level-10 of Central Government but it has also been upgraded to the post of Asstt. Commissioner in states under GST. Inspector or even lower level post has also been upgraded to CTO by the state governments. Thus, Asstt. CTO has been upgraded to CTO, CTO to Asstt. Commissioner, Asstt. Commissioner to Deputy Commissioner, Deputy Commissioner to Joint Commissioner and so on in the state governments under GST regime. Accordingly, CTO has been placed in a pay scale and status of group A entry level by the states.
            4. In view of the above, it is requested that the same steps (if not better than the GST counterparts in state governments) may also kindly be taken to upgrade the posts in CBEC/CBIC from the lowest to the highest level to motivate and create the feeling of job-satisfaction among the employees of CBIC for perfect implementation of GST.
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-O
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 65/AIB/A/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Authorised office bearers of AIACEGEO.
Sir,
Your kind attention is also invited to the letter Ref. No. 07/AIB/A/17 Dt. 11.06.17 of the Association.
            2. It is submitted with due regards that the actual picture on the subject matter was duly communicated to the concerned authorities including your goodself vide above referred letter Ref. No. 07/AIB/A/17 Dt. 11.06.17 of the Association. It is also worth to mention that there arises no question of existing two Associations in the name of AIACEGEO; there is only one Association which is this one. It is reiterated that the officers are subscribing and the DDO certificates have also been issued till date in the name of this Association only. Sh. R. Manimohan & Company is merely a splinter group formed for fulfillment of their vested interests. The chronology of the General Body Meeting and Convention of the AIACEGEO held at Gandhidham is again submitted as below-
(i) Daman General Body Meeting and Convention of AIACEGEO was held on 01.11.14 & 02.11.14 where it was decided, resolved and adopted that the promotee Central Excise Group ‘A’ officers would also be member of AIACEGEO like Income Tax Gazetted Officers Association (Promotee group A gazetted officers are also member of ITGOA alongwith ITOs). 37 units of the Association were present in this meeting. Accordingly, amended Constitution of AIACEGEO was sent to CBEC in 2014 itself. Sh. R. Chandramouli himself and Sh. Kousik Roy etc. were also present in this meeting alongwith others.  
            (ii) Last Associate Executive Committee meeting of AIACEGEO was held on 04.02.17 at Delhi presided by the then President of Association Sh. R. Chandramouli himself. He himself declared this meeting as pre-convention meeting of AIACEGEO. Sh. Kousik Roy declared in this meeting that he & T. Pyne had resigned from executive committee of the Kolkata Unit of AIACEGEO means he including others are not the members of AIACEGEO after their resignation. Sh. R. Manimohan was also present in this meeting.         
(iii) In accordance of pre-convention meeting, the Secretary General issued the letter on 17.03.17 (with copy to RS, Chairman & your goodself) for General Body Meeting & Convention to be held at Gandhidham on 27.05.17 & 28.05.17. No need to mention that only the Secretary General is authorized to issue the letter for Convention or any meeting of the Association.
            (iv) Due to the reasons known only to him, Sh. R. Chandramouli wrote a letter Dt. 29.04.17 of Convention of AIACEGEO to be held at Chennai on 27.05.17 & 28.05.17 despite of not being authorized to issue the same. This letter was written unilaterally by Sh. R. Chandramouli without calling any meeting of the units of AIACEGEO.
            (v) More than ¾th units of AIACEGEO attended/supported General Body Meeting and Convention held at Gandhidham on 27.05.17 & 28.05.17 whereas a few units particularly from Chennai Zone and a few splinters attended so called Convention at Chennai on the same dates. It is worth to mention that the quorum for the General Body Meeting and Convention of the AIACEGEO is 2/3rd of the total strength of the units. It is reiterated that more than 2/3rd units out of total 41 were present at Gandhidham and merely less than 1/4th units (6 or 7) were present at Chennai in addition to a few unelected, unauthorised and resigned splinters from a few units. Thus, General Body Meeting and Convention held at Gandhidham was the legal one by all means whereas the Chennai meeting was no way the legal one by any means. The Chennai meeting was held merely by some splinter units/persons. 
            (vi) At Chennai, these were the same splinters who not only divided once Inspectors Association in the past but were also instrumental in supporting, advocating & filing the Bhartan Case on Parmar issue in Chennai/Madras CAT as well as High Court opposing the move of CBEC to conduct the DPC for the post of Asstt. Commissioner. No need to say that these splinters are still instrumental in supporting & advocating the said issue to oppose the move of CBEC to conduct the DPC for the post of Asstt. Commissioner adversely affecting the manpower management in GST at group ‘A’ entry level. They have also got issued the notice of the contempt to the administration by the concerned advocate on this issue to halt the said DPC. 
            (vii) These splinters gathered in Chennai and nominated so called office bearers of AIACEGEO in their own style instead of participating in the authorized & valid General Body Meeting and Convention held at Gandhidham where the actual and authorised office bearers of AIACEGEO were elected in the democratic manner (election result duly certified by the Election Officer has already been communicated to the concerned authorities including you). Sh. Niranjan Godara, the worthy Asstt. Commissioner, was the election officer for the elections held to elect the new office bearers for the AIACEGEO.
            (viii) Thus, the other one is no way an Association but it is only a small & unauthorised group of splinter persons claiming to be AIACEGEO. Invitation to the said splinter group to attend this meeting can noway be said to be legal.
            3. It is also worth to mention that the letter written directly to the higher authorities without through proper channel and also widely publicized on social media on this issue by the individual namely Sh. R. Manimohan is also a clear cut violation of the Conduct Rules.
4. As far as the matter of the officers with higher designation becoming the member or office bearer of any Association is concerned, it is submitted that in our own CBEC/CBIC-
(i) The Association representing direct recruit IRS officers includes all cadres from Asstt. Commissioner to Chairman. As on date, the President of this Association is a Commissioner and Secretary General is Deputy/Joint Commissioner. Other office bearers also belong to different Group ‘A’ cadres. 
(ii) The Association representing direct recruit Appraising Officers includes all cadres from Appraisers to promotee Addl. Commissioners/ Commissioners. Their Secretary General, President and other office bearers also belong to Group ‘A’.
(iii) The Association representing Customs Preventive Service Officers includes all cadres from Preventive Officers to Asstt. Commissioners. It is also possible that they may include higher cadres too. As on date, the Secretary General and President of this Association are also Asstt. Commissioners.
(iv) The Association representing promotee Appraising Officers includes Examiners & Appraisers and may be having higher cadres also.
5. It is further worth to mention that Income Tax Gazetted Officers Association in CBDT includes ITOs & promotee Group ‘A’ cadres of Income Tax in our own Department of Revenue. As on date, the President of this Association is an Asstt. Commissioner himself. In recent past, their Secretary General was also an Asstt. Commissioner. Once upon a time, their President was even an Addl. Commissioner.
            6. As far as the majority is concerned, 28 out of total 41 units participated in the General Body Meeting and Convention held at Gandhidham where the undersigned was elected as the Secretary General of the Association with overwhelming margin. 4 more units supported the General Body Meeting and Convention held at Gandhidham but couldn’t attend it due to some unavoidable circumstances. One or two units liked not to attend either Gandhidham or Chennai. Only a few units attended Chennai with a few other unauthorised splinter individuals. This is sufficient to prove that the majority is with the undersigned and other is merely a splinter group using the name of this Association. No need to say that they may be using the DDO certificates issued in the name of this Association only. They being related to the Confederation of the Central Government Employees, their possibility of affiliation to a political forum can also not be ruled out.
             7. As far as the issue of becoming the member and office bearer of this Association is concerned, the undersigned is very well the member and office bearer of the Association on the following counts among others-
(i) Daman General Body Meeting and Convention of AIACEGEO was held on 01.11.14 & 02.11.14 where it was decided, resolved and adopted that the promotee Central Excise Group ‘A’ officers would also be member of AIACEGEO like Income Tax Gazetted Officers Association (Promotee group ‘A’ gazetted officers are also member of ITGOA alongwith ITOs). Accordingly, amended Constitution of the AIACEGEO was sent to CBEC in 2014 itself. Sh. R. Chandramouli himself and Sh. Kousik Roy etc. were also present in this meeting. The minutes of Daman General Body Meeting and Convention were sent to all units for confirmation, which were not objected by any unit. These minutes were again confirmed and passed on the issue of contesting for the post of Secretary General of the Association by the Asstt. Commissioner before the elections held in Gandhidham.
(ii) In our own Department of Revenue, Income Tax Gazetted Officers Association in CBDT includes ITOs & promotee Group ‘A’ officers. As on date, the President of this Association is an Asstt. Commissioner himself. In recent past, their Secretary General was also an Asstt. Commissioner. Once upon a time, their President was even an Addl. Commissioner.
(iii) In our own organization of CBEC/CBIC, the Association representing direct recruit IRS officers includes all cadres from Asstt. Commissioner to Chairman. As on date, the President of this Association is a Commissioner and Secretary General is Deputy/Joint Commissioner. Other office bearers also belong to different Group ‘A’ cadres. 
(iv) In our own organization of CBEC/CBIC, the Association representing direct recruit Appraisers includes all cadres from Appraisers to promotee Addl. Commissioners/Commissioners belonging to the appraising stream. Their Secretary General, President and other office bearers also belong to Group ‘A’.
(v) In our own organization of CBEC, the Association representing Customs Preventive Service Officers includes all cadres from Preventive Officers to Asstt. Commissioners. It is also possible that they may include higher cadres too. As on date, the Secretary General and President of this Association are also Asstt. Commissioners.
(vi) In our own organization of CBEC/CBIC, the Association representing Examiners and promotee Appraisers includes Examiners & Appraisers both and may be having higher cadres also.
            (vii) The AIACEGEO is not “Superintendent Association merely representing Superintendents” but it is “All India Association of Central Excise Gazetted Executive Officers representing distinct category of all Central Excise Gazetted Executive Officers including Assistant Commissioners” as resolved in Daman General Body Meeting and Convention like Income Tax Gazetted Officers Association duly recognized under CCS (RSA) Rules.
            (viii) In our own organization of CBEC/CBIC, Sh. R. C. Sharma worked as Secretary General of the Inspectors Association after his promotion to the post of Superintendent once upon a time.
            (ix) In our own organization of CBEC/CBIC, Sh. Ramaswamy Kumar worked as President of this Association after his promotion to the post of Asstt. Commissioner once upon a time.
(x) The undersigned has been duly elected by the member units as Secretary General of the Association with overwhelming response with the margin of 117/29.
            (xi) Not only the undersigned but many other Asstt. Commissioners are also the member as well as office bearers of the Association duly subscribing for it.
            (xii) Even otherwise, the ad-hoc officers are always the members only of the Association belonging to the cadre from which the ad-hoc officers have been promoted. No need to say that the ad-hoc officers are duly entitled to be the members and office bearers of the said Association. The situation has also been clarified by the Govt. of India vide its clarification given by the letter No. 13/03/2014-SR Dt. 27.05.15 of the Government of India, Ministry of Communications & IT, Department of Posts, which has already been sent to the Board authorities including your goodself.
            (xiii) It is very clearly mentioned in the promotion order No. 33/2017 of the undersigned including more than 800 officers that the promotions are made purely on ad-hoc basis and does not confer any right on the officers so promoted for any claim for continued officiating or regular promotion in the grade of Asstt. Commissioner and the period of such service shall not count for seniority or as qualifying service for further promotions. Government reserves the right to terminate the ad-hoc appointment and revert the officers to the post from which he/she was promoted. The same thing was mentioned in the promotion order No. 192/2014. This very clearly depicts that all ad-hoc Asstt. Commissioners including the undersigned belong to the post for Association purpose from which they have been promoted. 
8. In view of the above, it is very clear that this is the only legal Association in the name of AIACEGEO and the undersigned is a legal member as well as duly elected legal Secretary General of this Association. Accordingly, it is requested not to give any cognizance to any other person or group of persons or splinters including Sh. Manimohan & Co. in the name of AIACEGEO. There exists and can exist no other Association in the name of AIACEGEO except this one.  
            Thanking you,
Yours faithfully,



(RAVI MALIK),
Secretary General.

Annexure-P
ALL INDIA ASSOCIATION OF CENTRAL EXCISE
GAZETTED EXECUTIVE OFFICERS
President:                                          Address for communication:                                       Secretary General:
A. Venkatesh                             240, Razapur, Ghaziabad-201001 (U.P.)                                              Ravi Malik
Mob.7780255361       mail Id:ravimalik_sweet@yahoo.com, Site: cengoindia.blogspot.in      Mob.9868816290
Vice Presidents: Apurba Roy, P. C. Jha (East); A. K. Meena, Somnath Chakrabarty (west); Ashish Vajpayee, Ravi Joshi (North); B. Pavan K. Reddy (South); K.V. Sriniwas, T. J. Manojuman (Central) Joint Secretaries: Ajay Kumar, R. N. Mahapatra (East); B. S. Meena, Sanjeev Sahai (West); Harpal Singh, Sanjay Srivastava (North); M. Nagraju, P. Sravan Kumar (South); Anand Kishore, Ashutosh Nivsarkar (Central)
(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. 66/AIB/A/17                                                                          Dt. 02.08.17
To,
Sh. S. Ramesh,
Member (Admn), CBIC,
North Block, New Delhi.
Sub: Infrastructure and office space.
Sir,
It is submitted with due regards that the staffside is very badly devoid of due infrastructure, prescribed office space, prescribed facilities and basic amenities in CBEC/CBIC for more than 1.5 decades which doesn’t seem a good sign in the interest of the GST regime.
2. As a result of the cadre restructuring happened in 2002, the office space available with the staffside was given to the higher authorities. History was also repeated after the last cadre restructuring by getting evacuated the office space by staffside to facilitate higher authorities.
3. The staffside is not only devoid of prescribed office space, but they are also devoid of due infrastructure, prescribed facilities and basic amenities in r/o office furniture, vehicles, mobile phones, sims, pen drives, stationary, pens, towels, tumblers, brief cases, healthy drinking water, clean bathrooms, libraries, canteens, free office parking, change rooms, internet connection, gyms etc.
4. Particularly the officials upto the level of Superintendent are forced to sit in more than congested places. A good number of promotee Asstt. Commissioners are also devoid of prescribed office and are forced to share the rooms already smaller than prescription.
5. In view of the above, it is requested to take immediate measures to provide prescribed infrastructure, office space, facilities and amenities to the staffside including the promotee Asstt. Commissioners.
Thanking you,
Yours faithfully,



(RAVI MALIK),

Secretary General.
Dear friends,
namaste.                                      
A meeting of all staff associations was held with the Board under the Chair of Member (Admn) of CBEC/CBIC on 18.08.17. At the start of meeting, it was asked by the administration to raise only 4 or 5 important points by every association. We mentioned that nothing was intimated to the Association to this effect initially and all of our points are very important to us. Accordingly, all of points of our Association were discussed. Meeting was also attended by both Joint secretaries (Admn), concerned Directors/Deputy Secretaries and Under Secretaries. DG and ADG of HRM alongwith concerned ADC, Addl. Asstt. Director etc. were also present.
The points raised by AIACEGEO were as above. A brief of the meeting on our points is as under:
Point A. DPC: Member informed that Board has already filed a review petition in Madras High Court in Bhartan case to convene the DPC. He said that every effort is being made to convene the DPC for the post of AC for the years 2016-17 and 2017-18. He added that petition would be filed in Supreme Court, if outcome in Madras High Court is not positive. He said that today is hearing of the petition. (However as intimated already, their petition has been dismissed. As a result, the AIACEGEO has decided in its Associate Committee meeting held at Delhi on 19.08.17 to go to the Supreme Court on the matter of DPC for which funds would be required particularly keeping in view the fee of Senior Advocate. So, it is appealed to provide funds to the AIACEGEO) However on being asked about the exact number of vacancies, he didn't give any figure. It was also pointed out to him that DPC has not been convened against regular vacancies after October, 2014 and only temporary vacancies were filled-up. Accordingly, vacancies against regular posts are also to be filled-up. He assured that vacancies against regular posts would also be filled-up this time. 
Point B. Pay scale: It was mentioned that parity of Central Excise Superintendent with DSP of CBI in the matter of pay scale is well established which was disturbed vide 1996 order by granting higher pay scale equivalent to GP of 5400/- in PB3 to DSP of CBI without recommendations of pay commission with retrospective effect from 1986. The pay scale of Central Excise Superintendent was also enhanced equivalent to GP of Rs. 4800/- in PB2 saying that it has been done to grant them parity with DSP of CBI as also admitted by Expenditure in a reply under RTI but the said parity is still awaited. They were asked to do the needful in the matter. It was assured to look into the matter.
 Point C. NFU: It was requested to grant NFU to our officers on batch to batch basis to give financial parity at par with counterparts of CSS on account of lack of functional promotions. It was pointed out that this matter was initially recommended to DOPT who returned it saying that such scheme was recommended by pay commission only for group 'A'. So, matter was recommended to 7th CPC but pay commission gave no findings on it. It was neither recommended nor rejected by 7th CPC. Accordingly, it was again recommended to Revenue Hqrs for consideration of Empowered Committee of Secretaries but nothing came. It has again been recommended by the Stagnation Committee. Member assured to do the needful.
Point D. NFTS after 4 years: It was pointed out that the group ‘B’ gazetted officers of Revenue and Postal Department were granted time scale in PB2 whereas others in PB3 after 4 yaers of service. 7th CPC has already placed the counterparts of Postal Department under initial pay scale equivalent to GP of 5400/- in PB2, so they will automatically get time scale in PB3 now. So, this disparity should be removed by grant of time scale in PB3 to our officers. It was assured to look into the matter.
Point E. Next promotion to STS: It was presented that all other group 'B' gazetted officers including in state governments and particularly in Enforcement Directorate in our own Department of Revenue are being promoted to STS post. Specifically, the Superintendents of NCB are also being promoted to STS. No need to say that Superintendents of NCB were our part & parcel till 2003 being fallen under common RRs, common seniority list and promotion to the same post of AC. After being sent to Home Affairs in 2003, they are being promoted to STS post. So, our Superintendents should also be promoted to STS post. Member said that needful steps would be taken to consider the issue. 
Point F. Scheme to improve promotional avenues: It was pointed out that nothing has been done despite of the recommendations of Cabinet to bring a scheme to remove the stagnation of our officers independent of cadre restructuring but nothing has been done even after expiry of more than 3.5 years. It was also reiterated that everything is done by the Board, if related to DR group 'A' IRS officers but lower cadres are always ignored. Reply was that matter would be looked in.
Point G. Flexible promotion/Dynamic progression scheme: It was mentioned that Deptt. of Science brought a department specific Flexible Complementary promotion scheme (FCS) for its employees to remove their stagnation. Likewise, Deptt. of Health brought Dynamic Assured Career Progression (DACP) scheme for its employees. So, an organisation specific scheme also required for our officers at least to give in-situ promotions to bring at par with other counterparts like CSS, CBDT etc. by giving minimum 5 promotions. Member asked to also mention this issue in the comments to be given by the Association in r/o the report of stagnation committee.
Point H. Implementation of circular F. No. A-26017/44/94-Ad II (A) Dt. 08.03.95 for arrears: Jabalpur CAT directed to pay the arrears of pay since 01.01.86 to our Inspectors, if pay commission place our Inspector and CBI Inspector in same pay scale. Both categories were placed under same pay scale by pay commission but the said circular is still to be implemented. Govt also didn't go to appeal against this order. All of then Inspectors have now become Superintendents. Copy of the circular was handed over to them for necessary action. It was assured to look into the matter.
Point I. Para 7.15.24 of 6th CPC report: Parity between Chief Enforcement Officers and our Superintendent was recommended to be maintained in future too by 6th CPC. Competent Authority in Expenditure approved an initial pay scale equivalent to GP 5400/- in PB2 for our Superintendent but the same is still unimplemented because an Under Secretary level official in Expenditure wrote to send it to 7th CPC. We further mentioned that it is not justifiable to send an issue to CPC which has already been recommended by earlier CPC. Member asked when it was approved by Expenditure. He was apprised that it happened in 2014. Copy of relevant note sheet was handed over to them for necessary action.
Point J. MACP irregularities: It was mentioned that we are getting a pay scale under MACPS after 30 years of service which we were able to get after 24 years under ACPS. Member was requested to take up the matter seriously with the nodal department, so that our officers may be able to get due benefit under MACPS without offset of time scale and also without bifurcation of same GP into two. Issue of the implementation of very good benchmark for MACP upgradation only with prospective effect as per DOPT circular was also raised. It was told by the concerned Director that it is under consideration. It was protested that it is merely under consideration for last 3 months without any due clarification. It should be clarified without further delay. Chair assured for an early action.
Point K. Uniform promotional hierarchy: It was mentioned by us that promotional hierarchy varies department to department under Govt. of India and we are the worst placed. Promotional hierarchy should be uniform across all department/ministries. It was said by Chair to take necessary action.
Point L. Merger of Level-9 and 10: We mentined that the bifurcation of GP 5400/- into PB2 and PB3 was noway justified which has been replaced by Level-9 and Level-10 now. These both grades should me merged into one at 5400/- in PB3 level (Level-10). Necessary action was assured to be taken.
Point M. Finalisation of RRs in view of OA 2323/2012: It was mentioned by us that the Principal bench of CAT has directed to finalise the RRs to bring all three categories (Central Excise Inspector, PO & Examiner) of Inspector cadre of same year of exam at par in the matter of promotion. Time of 4 months given by CAT has already expired. Concerned Director again interfered to confuse the things. He was asked by us not to make the fuss of the things instead of taking actual remedial steps. The Chair asked the concerned Director to do the needful after duly understanding the issue.
Point N. Upgradation of posts and scales: We pointe out that the state governments have already upgraded the posts under GST by one stage. They have also enhanced the pay scales of their employees. Same measures were requested to be taken for our officers. Member agreed to look into the matter and take necessary action.
Point O. Authorised office bearers of AIACEGEO: It was mentioned by us that the authorised convention of AIACEGEO was held at Gandhidham. Necessary quorum was present only there to elect new office bearers. There can't be two Associations in same name. Only authorised office bearers should be invited to such meetings. Commissioner Coordination said that this issue doesn't relate to this meeting. It was submitted by us that this issue very well relates to this meeting because some other group has also been invited by the administration for this meeting in the name of AIACEGEO. Member said that they have not received relevant papers on the issue. Our reply was that we had already submitted the relevant papers and would again submit the same in person to the Member to decide the issue. 
Point P. Infrastructure & office space: It was mentioned that the office space of staffside was got vacated in 2002 for higher group 'A' officers after cadre restructuring. Same thing happened in the last cadre restructuring. Our officers are not only short of office space on this account but also facing lack of infrastructure. It was assured to take necessary steps on the issue.  
Member made due quaries during the submissions and finally assured to do the needful. It was very specifically mentioned by us that Board is serious only for direct recruit group ‘A’ IRS officers. Every good thing is got done for them even taking relaxations. It was requested to be serious enough for staffside too and use due influence with nodal department/s to resolve our issues with full seriousness instead of formal approach.
However, let’s wait what actually happens in the minutes of the meeting. Whether they will really take some serious action on our issues like they take for direct recruit group ‘A’ IRS officers or the said meeting will be proved merely a formality?
After above meeting, we again met the Member (Admn) in his chamber and discussed the points like transfer of newly promoted ACs to their parent zones (if vacancies exist) and consideration of their transfer requests, online single number GPF account, separate independent meeting to our Association etc. He told that all the transfers of promtee ACs were done in totally systematic manner and their transfer requests will be given due consideration. The issues like MACP benchmark, invitation to other group in the name of AIACEGEO, DPC etc. were again stressed. He agreed and assured to do the needful on all of the issues submitted to him in his chamber. He also asked the relevant papers to resolve the issue of office bearers of the AIACEGEO. Accordingly, relevant papers will be submitted to him soon in person.
Love,
Ravi Malik,
Secretary General, AIACEGEO.