Charter of Demands of all organization under the CBEC & CBDT

CO-ORDINATING COMMITTEE OF FEDERATIONS IN THE
DEPARTMENT OF REVENUE

Manishinath Bhawan A-2/95 Rajouri Garden, New Delhi. 110 027.

Dated;-18.11.2008

To ,

The Revenue Secretary,
Government of India, Ministry of Finance,
Department of Revenue, North Block,
New Delhi – 110 001.

Sir,

Subject: Submission of Charter of Demand –reg.

Enclosed please find the Charter of Demands of all organization under the CBEC & CBDT for your sympathetic consideration and urgent necessary action.

The Charter of Demands has been prepared keeping in mind the recent development and supercede our earlier Charter Demand. Please take notice that if the no action is taken for settlement of the demands within a reasonable time frame, the COC(Rev.) has no other alternative but to go for lunch hour demonstration on 22nd December,2008 followed by 'Day Long Dharna' on 12th, January,2009.

Thanking you.

Yours faithfully,


Sd/- sd/- sd/- sd/-
Rajesh Menon S.P. Siddhanta K.K.N.Kutty Saugata Chakraborty
Joint Convenor Joint Convenor Joint Convenor Joint Convenor.

1. Income Tax Gazetted Officers Association
2. Income Tax Employees Federation
3. All India Central Excise Gazetted Executive Officers Federation
4. All India Central Excise Inspectors' Officers Federation
5. All India Central Excise & Customs Ministerial Officers' Federation
6. All India Customs & Central Excise Gr. D Officers' Federation
7. All India Customs Preventive Services Federation
8. All India Customs Appraisers Officers' Federation
9. All India Customs Preventive Superintendents' Federation
10. All India Customs Ministerial Employees Federation
11. All India Customs Group "D" Officers' Federation
12. All India Federation of Central Excise & Customs Telecommunication
13. Customs Departmental Canteen
14. All India Narcotics Executive Officers Federation
15. All India Narcotics Group 'D' Officers Federation

CHARTER OF DEMANDS

1) GRANT OF CONSTABULARY STATUS TO SEPOYS OF CENTRAL BOARD OF EXCISE & CUSTOMS(CBEC) with the pay scale of Rs.3200 – 4900 i.e. Grade Pay Rs.2000 instead Rs. 1800:

Sepoys are employed both in the Central Excise and Customs Departments. They are uniformed employees and their functions are identical to the functions of the constabulary in CPMO and other police organizations. They are presently in the pay scale of Rs.2750-4400 corresponding to PB-1 with grade pay of Rs.1800/-. The Constables in the CPMO were assigned the pay scale of Rs.3050-4590 by the 5th CPC on the ground that the recruitment qualification for CPMO Constables was matriculation, whereas the Sepoys in the Central Excise and Customs Department were non matriculates. The Federation of Sepoys both in Central Excise and Customs Dept. had been continuously harping on the need for the change in Recruitment Rules for the past 12 years without any positive action from the CBEC.

Now the 6th CPC has assigned replacement scale of Rs.3200-4900 to the CPMO Constables while the Sepoys of CBEC has been given a depressed pay-scale of Rs.2750-4400. Most of the Sepoys are presently Matriculates and above. We therefore demand that those who are presently matriculates may be placed in the P.B.-1 and Grade Pay applicable the scale of Rs.3200-4900 i.e. PB1 with grade Pay of Rs.2000. Those who are non-matriculates, they are also to be placed in PB-1 with Grade Pay of Rs.2000, provided they had completed three years of service as Sepoys. The CBEC may be asked to immediately revise the recruitment rules of Sepoys to bring them on par with the Constables in CPMO, which has even otherwise become necessary as per the extant recommendation of the 6th CPC. Those who are non-matriculates and are yet to complete the residency period of three years may be given training to upgrade them to PB 1 with grade pay of Rs.2000 within a period of 3 months.

2) Non-Matriculate Group D Staff

They are also to be placed in PB-1 with Grade Pay of Rs.1,800/- as per the 6th CPC receommendations. Appropriate training is to be imparted to the non-matriculates within a period of three months before induction into this grade. CBDT & CBEC are to organise this training within the stipulated period.

3) Staff Car Drivers:

They are presently in four grades viz. Ordinary Grade with scale of Rs.3050-4590, Grade-II of 4000-6000, Gade-1 of 4500-7000 and Special Grade of 5000-8000.

The special grade and Grade- III will be assigned PB-2 with a grade pay of Rs.4,200/-.

Since the Government has taken the decision not to purchase vehicles but to hire them, the staff car drivers will become progressively a dying cadre. They are to be integrated in the main stream cadres of the concerned departments. Depending upon the educational qualification and on imparting training they may be permitted to be absorbed in various other cadres.

4) Lower Division Clerks:

The number of Lower Division Clerks in Income tax and Central Excise and Customs Department are a few in number. They were in the scale of pay of Rs.3050-4590 and have been assigned the replacement PB-1 with grade pay of Rs.1900. They were actually on par with the Constables in the CPMO and Notice Servers of Income tax Department, having the same scale of pay. The 6th CPC has disturbed this horizontal relativity by assigning a higher scale of pay of Rs.3200-4900 to both Notice Servers and Constables. In order to remove the anomaly the LDCs are to be assigned the replacement PB-1 with grade pay of Rs.2000.

5) Tax Assistants / Steno Grade-III:

They are presently in the scale of pay of Rs.4000-6000. The recruitment qualification prescribed for Tax Assistants is graduation with data entry speed of 8000 character depression. The 6th CPC vide its recommendation in Para 3.1.12 and 3.1.15 has stipulated that the recruitment in Government service hereafter will have to be in the grade of Executive Assistants. Thus there cannot be any further recruitment in this cadre. It would therefore, become necessary that those who are graduates among the Tax Assistants are upgraded and placed in the PB-1 with grade pay of Rs.4200. Similarly those who have completed the residency period of three years (the period stipulated by the Department of Personnel for promotion from 4000-6000 to Rs. 5000-8000) may also be placed in PB-2 with grade pay of Rs.4200. Those who are not graduates and those who have not completed the requisite residency period of three years may have to be presently placed in the replacement PB-1 with grade pay of Rs.2400, to be upgraded after the completion of requisite residency period.


6) Granting Grade Pay Rs. 4600 to the Dy. Office Superintendent of CBEC/ Office Superintendent & Stenographer-I of CBDT.

a). DY. OFFICE SUPERINTENDENT (Group 'B')(CBEC):-

Pay anomalies between D.O.S. and Inspector (E.O.& P.O.) was created when pay scale of Inspector (E.O.& P.O.) was hiked to the pay scale of Rs.6500/- - Rs.10500/- from the pay scale of Rs.5500/- - Rs.9000/- w.e.f. 21.04.2004. The 6th CPC also in viewed in para 7.15.15 that the anomalies in the pay scales of Inspector of Customs (Preventive Officer & Examiner) & Central Excise with the Dy. Office Superintendent as the pay scale of the Inspector was hiked since 2004 leaving behind the pay scale of Dy. Office Superintendent. Naturally the 6th Pay Commission has addressed this pay anomaly between the cadre of Inspector of Customs and Dy. Office Superintendent by merging pay scales Rs.6500/- -Rs.10500/-(Inspector of CBEC), Rs5500/- - Rs9000/-(DOS) and Rs.5000/- - Rs.8000/-(STA) in a one pre-revised pay scale of Rs.6500/- Rs.10500/-( PB-2 Rs 9300/- - 34800/- with Grade Pay Rs. 4200/-). Therefore, grant of Grade Pay with reference to pre-revised pay scale is required to take this aspect into account and it may be ensured that no anomaly in this regard will exist in future.

In Central Board of Excise and Customs there are two avenues of promotion from Sr. Tax Assistant (Rs. 5,000/- - 8,000/-) to Inspector (Rs. 6,500/- - 10,500/-)and to Dy. Office Superintendent (Rs.5,500/- - 9,000/-). The 6th CPC has recommended for pay scales of the above mentioned three grades to be clubbed into one Grade Pay( i.e. PB-2 -Rs.9300/- - 34,800/- with Grade Pay Rs.4,200/-). As a result the feeder cadres and the promotee cadres have come to one point, which will break the relativity of these cadres.

As the Dy. Office Superintendent is the supervisory cadre of Sr. Tax Assistant. So it is not only possible to merge all these cadres in to one post but also it is a impractical proposition that after rendering a long years of service one Dy. Officer should be treated at par with one Sr. Tax Assistant who have rendered less years of service. So it will be logical to upgrade the pay scale of Dy. Office Superintendent as 7,450/- - 11,500/-( PB-2 with grade Pay-4600) which will maintain the vertical structure of the Ministerial cadre under CBEC and also restore the promotional scope from Sr. Tax Assistant to Inspector & Dy. Office Superintendent. Further, the D.O.S. of the CBEC is not parallel with other Supervisory grades of other Central Govt. Offices. They are directly involve in revenue collection for the Govt. as the Officers are entrusted with the job in Appraising, MCD, Imort Bond, Air Cargo Complex, Doc Area, Audit, Service Tax, Revenue Reconciliation and Other field Offices which are directly related with anti smuggling Job and Collection of Revenue.

* In view of above the cadre of Dy. Office Superintendent in CBEC be granted grade pay of Rs. 4600. However, the said grade pay will be required to be upgraded in the event of similar upgradation of pay scales of the similarly placed grades within the Department in order to any eventual anomaly as recommended and envisaged by the 6th CPC in Para 7.15.15.


b). Office Superintendent of CBDT & Stenographer Grade-II and Stenographer Grade-I:

The Senior Tax Assistant and Stenogrpaher Gr.II are presently in the scale of pay of Rs.5000-8000 and Office Superintendents and Stenographer Grade-I are in the pay scale of Rs.5500-9000. These grades have been merged and are placed in the PB-1 with grade Pay of Rs.4200. Office Superintendents and Stenographer Grade-I are the promotional grades for the feeder cadres of Senior Tax Assistants and Stenographer Grade-II. As per the recommendation of the 6th CPC they will be placed in PB-2 with grade Pay of Rs.4200. However, it is to be mentioned that office superintendents are the supervisory grade and the merger of the grades of Senior Tax Assistants and Office superintendents into one single cadre will result in the depletion of the supervisory grades in the Department. It is therefore, necessary to functionally assess the required number of posts in supervisory grades and upgrade that number of the posts of Office Superintendents to the grade of Administrative Officers Gr.- III.

7) a) ADMINISTRATIVE OFFICER OF (CBEC)(Group 'B' Gazetted):

The Ministry has awarded the up gradation of pay scale of Appraiser and Superintendent of Customs (Preventive) keeping aside the pay scale of Administrative Officer w.e.f. 21-04-2004. Naturally the Ministerial Staff has raised their voice before the Ministry and 6th CPC. The Ministry in it's letter F.No. A-26017/168/2007-Ad.IIA dated 30-11-2007 has accepted the validity of the demand of the staff side and refer the matter to the 6th CPC.

Keeping in mind all the arguments and views, the 6th CPC has come to the conclusion in para 7.15.14 wherein pay parity has been granted by 6th Central Pay Commission between the Administrative Officer in Customs & Central Excise field formation under CBEC and Section officer of Central Secretariat Service (Para 3.1) . The pay commission has observed that the dispensation accorded for the secretariat officers also be extended to the Ministerial Officers in the field formation to avoid any anomaly. The pay scale assigned to the Section Officers in CSS should also be accorded to the Administrative Officer in CBEC which has been a Group 'B' Gazetted post since 1959. Hence, the Administrative Officer may be assigned grade pay of Rs. 4800/- and grade pay of Rs. 5400/- on complition of 4 years of service in the grade.


b). Administrative Officers(CBDT) and Private Secretaries:

They are presently in the Pay Scale of Rs.6500-10500. As per the general recommendation they will be placed in PB-2 with Grade pay of Rs.4200/-. However they are to be assigned pay scale of Rs.7500-12000 i.e. PB-2 with Grade Pay of Rs.4800 as per the recommendation of 6th CPC in para 3.1.14 to maintain the principle enunciated by the Commission of having parity in pay & allowances of the personnel in the field and secretariat offices. This general recommendation has not been adhered to while suggesting the PB and Grade Pay.

Further, it may also be noted that the feeder cadres for these posts viz. Office Superintendents of CBDT and Steno Gr. I, are also placed in the same Pay Band and Grade Pay, thereby creating an anomalous situation. This further justifies the need for placing these officers in the pay scale of 7500–12000 i.e. PB-2 with Grade Pay of Rs.4800/-.
Drawing analogy from the recommendations in para 3.1.14, these officers are also to be placed in the pay scale of 8000-13500, on completion of 4 years.

08. Replacement scale of Rs.8000-13,500/ to the Group 'B' Gazzetted Executive Officers under the CBE&C & CBDT.

The Government has given replacement scale of Rs.7500-12,500/ to the Group 'B' Gazzetted Executive Officers under the CBEC & CBDT and on completion of four years the scale of Rs.8000-13,500/ in PB-2. The COC in its memorandum and meting on 13th of May,2008 with the Revenue Secretary demanded replacement scale of Rs.8000-13,500/ w.e.f.1.01.2006 and with arrears in the scale of Rs.7500-12,500 w.e.f. 1.01.1996.
Explanation:-

The VI CPC in para 7.15.24 of its report clearly admitted the traditional parity of the Chief Enforcement Officer with the Superintendent of Central Excise, Superintendent of Customs(Preventive), Appraisers, Income Tax Officers & Superintendent of Narcotics and Assistant Enforcement Officer with the Inspector of Central Excise, Inspector of Income Tax, Inspector(Preventive Officer/Examiner) and recommended for the maintenance of the same in future. The Chief Enforcement Officers were given the pay scale of Rs.7500-Rs.12,500/ w.e.f.1.01.1996 by the Government pursuant to the recommendation of the V CPC and subsequently revised to Rs.8000/ to Rs.13500/ w.e.f 4.10.2005 vide order issued under F. No.16/26/2004-Ad. 1C dated 4.10.2005.

The C O C protested against the above discrimination and the government awarded the pay scale of Rs.7500/ - Rs.12,500/ to the Superintendents of Central Excise & Customs, Appraisers of Customs and Income Tax Officers w.e.f 21.04.2004 but without any retrospective benefit. Further, when the scale of the Chief Enforcement Officer was changed to Rs.8000/-Rs.13,500/, the same was not considered for the Superintendents and even the Board has not recommended strongly to the Empowered Committee for removal of the discrimination. The above discrimination requires to be removed immediately with retrospective effect.

9). Replacement scale of Rs.7500 - 12000 to the Inspector of Central Excise, Inspector of Income Tax, Inspector(Preventive Officer/Examiner) & Inspector of Narcotics :-

The Inspector of Central Excise, Inspector of Income Tax, Inspector(Preventive Officer/Examiner) & Inspector of Narcotics were in the scale of pay of Rs.6500-10500 as in April, 2004 as per Government's decision to bring them on par with the Inspectors of IB and CBI etc. The Inspectors of IB and CBI have been placed in the pay scale of Rs.7450-11500 i.e. PB-2 with grade pay of Rs.4600. This apart, Inspectors, Sr. T.As will now be in the same PB and grade pay as per 6th CPC recommendation. Since Sr. TAs is feeder cadres, the Inspectors are to be placed in PB-2 with grade pay of Rs.4600 as in the case of Inspectors of IB and CBI as stipulated in para 2.21(v) of the report. This will automatically remove the anomaly.
The attention to the fact that Inspectors of IB and CBI and the Inspectors of Revenue Department carry out identical functions. While parity in pay scales was brought about by the govt. in 2004, Inspectors of IB and CBI were placed on a higher pedestal in the matter of allowances and other benefits like risk allowance etc. It is requested that similar benefits be allowed to the Inspectors of Revenue Department.

Considering the fact that the Dept. of Revenue and its personnel are to discharge the onerous functions as detailed elsewhere in this memorandum while dealing with the issues concerning with Supdts. of Central Excise & Customs and Income Tax Officers and taking in to account that as of now, there is no pay scale of 7450-11500, in the Dept. of Revenue, the said Inspectors are to be assigned the pay scale of Rs.7,500-12000 i.e. P.B. 2 with Grade Pay of Rs.4800/-.

10) Notional Effect to the Revised Pay Scale of Inspector & ITO/Superintendents of CE & Customs and Appraisers:

The anomaly in the pay scales assigned to the Inspectors and Income Tax Officers / Supdts. of Central Excise & Customs and Appraisers in the Revenue Dept. disturbing the parity with similarly placed officers of the CBI / IB was set right on 21/04/2004 by the Govt. of India. However, this order was made effective only from the date of its issue and not from 01.01.1996, the date on which the anomaly arose. The Federations in the Dept. of Revenue had been representing to set right this illogical decision, citing the case of the Accounts Employees in Railways, Postal , IA & AD, Civil Accounts, Ministry of Coal & Mines, etc. In all these organizations the concerned officers were granted the benefit of notional fixation of revised pay with effect from 01.01.1996 and the actual payment with effect from the date of the issue of order. The 6th CPC to whom the matter was referred to, perfunctorily rejected this claim, stating the commission as a general rule was not considering demands seeking retrospective application of some or the other order, unless a clear-cut and manifest anomaly that cannot be corrected, other than through such retrospective revision is made out. The anomaly in this case cannot be set right, except through retrospective application of notional fixation of pay w.e.f 01.01.1996, as has been rightly done in the case of officers of various organizations mentioned above. Failure to set right this anomaly will have a permanent effect extending to the entire service tenure of the individual officers concerned.

The need for retrospective revision with effect from 01.01.1996 on a notional basis, is further established from the observation of the Commission in para 7.15.24 of the report wherein the traditional parity of the Chief Enforcement Officer with the ITO/Superintendent of Central Excise and Assistant Enforcement Officer with the Inspector of Central Excise and Income Tax has been admitted and recommended for maintenance in future. On 01.01.1996, Chief Enforcement Officer were in the scale of Rs.7500-Rs.12,500/-.

The C O C protested against the above discrimination and the government awarded the pay scale of Rs.6500 - 10500 to the Inspector of Central Excise & Customs and Inspector of Income Tax w.e.f 21.04.2004 but without any retrospective benefit. The above discrimination requires to be removed immediately with retrospective effect.

11), Replacement Scale corresponding Sub-Inspector of Central Police Organisation to the Sub-Inspector of Central Bureau of Narcotics :-

The Sub-Inspectors of CBN has been given the same pay with the co-evals to the Ministerial Cadre though the 6th CPC in it's para 7.15.14 stated that posts in ministerial cadres cannot claim any relativity with those in executive cadre as the functions are different . Mare fact of two posts being in the same pay scale cannot be a ground for establishing relativity. Therefore the scale of the cadre should be corresponding to the Sub-Inspector of CPO. In case, there is any difficulty in granting the same scale with the post corresponding to CPO the Sub-Inspector post may be abolished to merge with the Inspector of CBN as was done in 1972 in Central Excise.

12) Ensure at least / minimum four promotions/change of four Grade Pay to all officers under the CBE&C and CBDT.

The COC since inception has been demanding three promotions to all officers under the CBE&C and CBDT. Now the Government has been pleased to amend the IAS(Pay) Rules wherein Note 1 under Rule3(1) has been substituted to grant senior time scale, Junior Administrative Grade, Selection Grade and Super Time Scale on completion of four, nine, thirteen and sixteen years respectively. The directly recruited Gr. A Officer would reach Super Time Scale on completion of sixteen years and thereafter there is scope to progress further. Therefore, the other officers should get at least four promotions/change of Four Grade Pay in their entire service career specially in the Revenue Department.
Explanation:-

The officers and staff working in the Revenue Department, are required to discharge their duties and responsibilities in such a way that the tax is collected properly and effectively without causing any harassment to the bonafide tax payers. The liberalized policy being followed throughout the world, has made it compulsory to our country also to make the provisions related to tax collection drafted in easy language and understandable to all persons. The said liberalized policy has made the work of the tax men more sophisticated and with technical precision. The worldwide increase of terrorism and insurgency coupled with narco - terrorism have made the job of anti-smuggling more risky and full of hazards. In this backdrop, the officers and staff working in the Revenue Department, are not only required to be acquainted with different statutes other than the taxation statutes in one hand and on the other hand required to be dare devil to face any consequences arising out of the situation for the said tax collection and anti-smuggling activities.

In the backdrop of crucial role played by the Revenue Department in garnering adequate resources for developmental purposes can hardly be over-emphasised. The last decade saw a healthy and gradual enlargement of tax base and upsurge in revenue collection. As a result, contribution of tax revenue as a percentage of GDP which was 9% a decade ago has now gone upto 11%, while the cost of tax collection is as low as Rs.0.68 for every Rs.100, one of the lowest in the world. Greater reliance is now placed on (a) moderation in tax rate (b) enlargement of tax net (c) simplification of rules and procedures and changed scenario and objectives the existence of an efficient tax administration to fulfil the goals of economic policy is the need of the hour.

But it is distressing to note that officers of the Revenue Deptt.comprising more than 95% of the total workforce of these two departments and working in the field level to implement the various policies of the Govt. have been discriminated against the similarly placed officers working in the same Department and other Deptts. of Central Govt. in the matter of pay-scale and promotional opportunities.

The importance of an efficient workforce is well recognized by different tax reform committees including the committee headed by Dr. Raja Chaliah. The said committee in para 10.2 observed that the Government should recognize the paramount importance of Revenue Department and should spare no efforts in improving their condition of service, technical skill and work environment. Further in para 10.3, the committee observing that taking into account the vital role that the Revenue Department should play in garnering adequate resources for ensuring the security of the Country as well as substantial economic growth with social justice, recommended that the salary scales and promotional prospect of the officers and staff in the Revenue Department should at least be comparable with the best that Government offers to its employees. In many develop countries, Revenue Officers are treated differently in the matter of pay and other benefits.

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