Grade pay of 5400/- to the Inspectors & Letter for DPC

ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION
[Recognized by Ministry of Finance vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]
RAJASTHAN CIRCLE

C.No.CCEEOA/JPR/Rep./2008/ Dated;-19.12.2008

To,

The Commissioner,
Central Excise Jaipur-I,
NCRB Statue Circle, C-Scheme Jaipur

Sir,

Sub:- Grant of grade pay of Rs. 5400/- to Inspectors of Customs & Central Excise – request for rectification of error in fixation– reg.

It is submitted that in terms of Board’s Order F.No. O-8013/100/2003-IHB dated 11.12.03 & 24.10.07 read with DOP&T’s Instructions/Notification vide S.O.No. 332 dated 20.04.98, the post of Inspector, Customs & Central Excise under the CBEC was reclassified as a Group B (Non Gazetted) post w.e.f 11.12.03.

As per clause (e) to sub-para (x) of para 1 of the Resolution dated 29.08.2008 of the Government of India issued in respect of implementation of the recommendations of the sixth CPC, Group-B officers of the Departments of Posts, Revenue etc. will be granted Grade Pay of Rs. 5400 in PB-2 on non-functional basis after 4 years of regular service in the grade pay of Rs. 4800 in PB-2.

In view of the above, an Inspector group-“B” of the Department of Revenue (Customs & Central Excise) who has completed four years of regular service in the grade pay of Rs. 4800 (i.e. pay scale of Rs. 7500-12000) was eligible for the grant of grade pay of Rs. 5400 in PB-2 on non-functional basis when the pay fixation was being done in the month of September 2008. The matter was discussed with the pay fixation authorities at the relevant point of time at various forums but nowhere in the state of Rajasthan the grade pay of Rs. 5400 was granted to any inspector who was eligible for the grant of the said grade pay.

The matter was further pursued and accordingly some references reached the CBEC who have now informed vide their letter F.No. A-26017/98/2008-Ad II.A dt. 21.11.2008 that the Department of Expenditure have now clarified that the 4-year period is to be counted w.e.f. the date on which an officer is placed in the pay scale of Rs. 7500-12,000 (pre-revised). Thus, if an officer has completed 4 years on 01.01.2006 or earlier he will be given non-functional upgradation w.e.f. 01.01.2006. If the officer completes four years on a date after 01.01.2006 he will be given non-functional upgradation from such date on which he completes 4 years in the pay scale of Rs. 7500-12000 (pre-revised).

In terms of the above said clarification it is evident that the all inspectors upto the 1992 batch who were placed in the pay scale of Rs. 7500-12000 in the year 2004 (January to March 2004 were eligible for the grant of grade pay of Rs. 5400 in PB-2 at the time of fixation of pay according to 6th CPC in the month of September 2008. However, such fixation has not been done which has caused financial loss to all the officers concerned. This needs to be rectified now as a clarification had already been issued in this regard in the previous month.

This Association, therefore, requests your goodself to kindly intervene in the matter and direct all the DDOs of the department to draw the salary for the month of December 2008 as per the grade pay of Rs. 5400 in respect of all eligible officers upto the 1992 batch as also to pay arrears for the months of September 2008 to November 2008. This is also to bring to your kind notice that fixation of pay according to the said clarification has already been done in Panchkula Commissionerate in the previous month itself (copy of order enclosed) while in many other Commissionerates such fixation is being done this month.

This Association will be grateful to your good self if the fixation of pay according to the clarification is got done this month itself and payment of the new salary along with arrears is made on 31.12.2008 as it will serve as a morale booster for the staff.

Encl;-A/A

Yours faithfully

Sd/-
(Lekhraj Meena)
GENERAL SECRETARY

Copy to ;-

1. The Commissioner of Central Excise, Jaipur-II for similar action please.
2. The Commissioner of Customs, Jodhpur Hqrs at Jaipur for similar action please.
3. The Secretary General, AICEIA, Kolkata for information
4. Association’s notice board


CBEC have now clarified that the 4-year period is to be counted w.e.f. the date on which an officer is placed in the pay scale of Rs. 7500-12,000 (pre-revised).

Order of fixation of pay of an Inspector in Panchkula Commissionerate

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ALL INDIA CENTRAL EXCISE INSPECTORS’ ASSOCIATION

[Recognized by Ministry of Finance vide F.No.B.12017/1/2004-Ad.IV A dated 31.12.07 & 14.1.08]

RAJASTHAN CIRCLE

C.No.CCEEOA/JPR/Rep./2008/ Dated;-19.12.2008

To,

The Chief Commissioner( Cadre Controlling Authority),

Customs and Central Excise,

Jaipur Zone, Jaipur

Respected Sir,

Sub:- Request for convening the meeting of the DPC for promotion to the grade of Superintendents against vacant posts-regarding

Please refer to this Association’s letter C.No. CCEEOA /JPR/Rep. /2008/ dated 29.09.2008 wherein it was requested to convene the meeting of the DPC for promotion to the grade of Superintendent against the vacancies which had arisen on account of promotion of some officers of the grade of Superintendents of Central Excise to the grade of Assistant Commissioner vide CBEC Office Order No. 217/08 dated 10.09.08.

In addition to the written request as referred to above, the matter was again taken up with the administration on 04.11.2008 when the Secretary General of All India Central Excise Inspectors Association had a meeting with the administration during his visit to Jaipur. The administration had assured to look into the matter for positive action but no DPC meeting has yet been held.

In absence of any action or response from the administration, the issue was again taken up with the administration during the course of the periodical meeting of the JCM held on 25.11.2008 under the Chairmanship of your goodself.

Sir, in the matter, I invite your kind attention to paragraph 6.4.2 of the consolidated instructions on DPCs issued vide DOPT OM No. 22011/5/86 – Estt (D) dated 10.04.1989 as amended. The relevant portion is extracted below:-

“ 6.4.2. Procedure for filling up further vacancies in the same year – Where a DPC has already been held in a year, further vacancies arise during the same year due to death, resignation, voluntary retirement etc., or because the vacancies were not intimated to the DPC due to error or omission on the part of the Department concerned, the following procedure should be followed:

(i) Vacancies due to death, voluntary retirement, new creation etc., clearly belonging to the category which could not be foreseen at the time of placing facts and materials before the DPC. In such cases another meeting of the DPC should be held for drawing up a panel for these vacancies as these vacancies could not be anticipated at the time of holding the earlier DPC …..”

In view of the above guidelines a meeting of the DPC should have been convened when the unforeseen vacancies arose on account of the promotion of superintendents to the grade of Assistant Commissioner. However, as per the minutes of the meeting of the JCM held on 25.11.2008 which have been circulated by the administration on 18.12.2008, request for convening a meeting of the DPC has been disposed with a remark to the effect that “promotion orders were issued on in-situ basis and, therefore, no DPC to be convened till further posting orders of the Assistant Commissioners are issued”.

Sir, it is very humbly submitted that the promotions from the grade of Superintendent to the grade of Assistant Commissioner issued vide CBEC Office Order No. 217/08 dated 10.09.08 contained names of officers from commissionerates all over India and consequently vacancies have arisen in many commissionerates/ zones besides Jaipur zone. It has came to the notice of this Association that meeting of DPC for promotion consequent to the said Office Order No. 217/08 dated 10.09.2008 has already been convened in Kerala on 21.11.2008 and promotion orders have been issued. Similarly in Kolkotta, Chandigarh and Bhopal zone promotion orders have also been issued while in Chennai zone meeting of the DPC being held on 19.12.2008.

It would also be pertinent to mention here that the matter of in-situ promotion was raised in some other formations including Bhubaneshwer Zone but the board rejected the objection and accordingly promotions are being given all over India. Hence, it appears that the matter is covered by the instructions referred to above.

In view of above, your goodself is humbly requested to kindly reconsider the matter in the light of our submissions made above and direct the holding of a meeting of the DPC immediately. Sir, I further submit that a positive action in this regard would be a morale booster for the cadre of Inspector as a whole.

Yours Faithfully

Sd/-

(Lekhraj Meena)

GENERAL SECRETARY

Copy for information to ;-

1. The Chairman, CBEC, North Block, New Delhi.

2. The Commissioner ( Cadre Control), Central Excise Jaipur-I

3. The Secretary General, AICEIA, Kolkata

4. Association’s notice board