Ravi ji met the MOS (DoPT) on 22.12.2011 to pursue cadre related matters

ALL INDIA ASSOCIATION OF CENTRAL EXCISE

GAZETTED EXECUTIVE OFFICERS

(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. 221/11                                                                   Dt. 21.12.2011

To,

The Hon’ble MOS, Govt. of India,

Department of Personnel & Training,

New Delhi.

Subject: Discriminatory promotional avenues for Central Excise Superintendents.

Sir,

With due regards, it is already known to your goodself that the cadre restructuring proposal of CBEC is lying with DOPT at present. The Association came to know that the cadre restructuring proposal of CBDT is already at approval stage in DOPT. The pity condition of promotions for the Superintendents of Central Excise has already been brought to your kind notice. They have to retire with single promotion in the service career after working under their juniors while their counterparts are getting upto 6 promotions. These officers were expecting a lot from the ongoing cadre restructuring which is pending since very long with DOPT. A very good number of these officers are retiring every month waiting very eagerly at least for the IInd promotion at the fag end of their career as a result of cadre restructuring but the same is still awaited to be finalized.

2. The Association has already been impressed that nothing more is going to happen at least in the cadre restructuring for its members despite of the fact that 100% of the officers belonging to the other categories will get promotions. The Association congrats to all of them without having any grudge against anyone. However, the Association was wishing the same fate for its members. Other categories will be able to get 5 to 9 promotions as a result of the cadre restructuring while only 23% of our officers will be able to get IInd promotion provided the proposal is approved without any cut.

3. Instead of taking any measures for parity as in the case of IRS officers; it would be a gross injustice to the Superintendents of Central Excise, if any cut is made in the promotional posts meant for this poor category. Any cut in the posts is neither justified in r/o functional requirement nor in r/o acute stagnation of this category. Actually the proposal should have been prepared keeping in view the acute stagnation of this category of employees as per the latest DOPT instructions but it has only been prepared as per the functional requirement in the interest of the government revenue.

4. The Association has always been requesting at each & every level for the parity of its members with other counterparts but perhaps no heed is being paid to the cause by any of the authorities. In our own organization of CBEC, the Inspectors of Central Excise, Preventive Officers and Examiners of Customs are recruited through the same competitive examination under same eligibility conditions performing same nature of job and having same administrative hierarchy but with huge discriminatory difference in promotional avenues. All of them are mentioned as “Inspectors only” in the recruitment rules and other relevant documents. They get next promotion as Superintendent of Central Excise, Superintendent and Appraiser of Customs (analogous posts) respectively at group ‘B’ gazetted level. The single cadre  trifurcated at the level of Inspector is  re-merged  at the  level of Asstt. Commissioner (group ‘A’ entry level) placing Central Excise Inspectors 2 decades behind the Examiners of Customs. As a result, the senior Central Excise stream officers have to work under their extreme juniors (junior even by 20 years) of Customs. Such a horrible situation of humiliation and discrimination to work under an extreme junior happens only in the organization of CBEC which is neither justifiable by any rule of law or any principle of natural justice. No DOPT rule allows such an action of a senior being headed by his junior.

5. As far as the ratio of group ‘A’ to group ‘B’ gazetted officers is concerned, it is 1: less than 2 at the most of the places with the exception of the Ministry of Finance where it is 1: more than 4 (Annexure I). Moreover, at many of the places, there exist more group ‘A’ posts than group ‘B’ gazetted officers for promotion. It is only 1 for around 6 in CBEC and remarkably sweet as 1 for around 1 in CBDT. In CBEC, it is even extraordinarily horrible in the case of group ‘A’ entry level officers and group ‘B’ gazetted officers as 1: more than 16. Actual picture is even more horrifying because the group ‘A’ entry level vacancies are distributed in a ratio of 50:50 between promotee and direct recruit officers. The Central Excise executive officers are able to get a very little portion of this 50% because of its redistribution between the Central Excise & Customs and the opportunity of promotion to the Central Excise officers at the fag end of the career that is to only 3% of these officers.

 

6. The ratio of 50:50 between promotee and direct recruit officers is also needed to be changed in CBEC which is 75:25 in the favour of promotee officers at the places like the Department of Posts. The functional analogy between the departments of Revenue and Post has also been established by the 6^th CPC by placing the group ‘B’ gazetted officers in a grade pay of Rs. 4,800/- in PB2 after completion of 4 years of service as an exception as compared to other all group ‘B’ gazetted officers who have been placed in PB3 instead of PB2. On that analogy, the ratio of 50:50 between promotee and direct recruit officers is to be changed to 75:25 or even higher in favour of Central Excise promotee officers keeping in view the horrible condition of the acute stagnation being faced by them. The direct recruitment for group ‘A’ entry level may even be stopped for a sufficient period which will also help to increase the promotional avenues for direct recruit group ‘A’ officers.

7. It is also worth mentioning that the assessee base merely in respect of the Service Tax would be 70 lacs in coming years. It means that we functionally require minimum 14000 group ‘A’ entry level officers for effective, efficient and proper tax administration only for Service Tax earmarking one group ‘A’ entry level officer for 500 assessees. In addition to it, we require many thousand of additional group ‘A’ entry level officers to look after the tax administration of Central Excise and Customs. The number of Shipping Bills, Bill of Entries, factory stuffing cases and number of passengers will be to the tune of 57 lacs, 46 lacs, 18 lacs and 462 lacs respectively. It is also worth to mention that whole of the Customs work under the Central Excise jurisdictional area is being looked by Central Excise personnel. This functionally justifies the multifold number of vacancies at group ‘A’ entry level required for Central Excise stream officers.   

8. Nothing has even been done either in the last or ongoing cadre restructuring despite of the DOPT communications like D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11etc. stipulating very clearly that the cadre restructuring process should be viewed to mitigate the stagnation of the stagnated employees instead of functional requirement. The current proposal has been prepared purely on the basis of functional need keeping in view the government revenues to be collected as indirect taxes.

9. It is requested that the new recruitment rules may kindly be framed for the Inspectors & Superintendents of Central Excise considering the following qualifying services in consonance of the DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 –

(i) 2 years for promotion to a post with a grade pay of Rs. 4,800/- after joining as Inspector.

(ii) 7 years for promotion to a post with a grade pay of Rs. 6,600/- 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 mention-worthy that the most of the group ‘B’ gazetted officers including in CSS are being promoted to a senior group ‘A’ post instead of junior group ‘A’.).

(iii) 12 years for promotion to a post with a grade pay of Rs. 7,600/- after joining as Inspector.

(iv) 17 years for promotion to a post with a grade pay of Rs. 8,700/- after joining as Inspector.

(v) 18 years for promotion to a post with a grade pay of Rs. 8,900/-after joining as Inspector.

(vi) 20 years for promotion to a post with a grade pay of Rs. 10,000/- after joining as Inspector.

(vii) 23 years for promotion to the HAG after joining as Inspector.

(viii) 24 years for promotion to the HAG + Scale after joining as Inspector.

(ix) 26 years for promotion to the HAG Apex Scale after joining as Inspector.

(x) 27 years for promotion to the HAG + Apex Scale after joining as Inspector.

In addition to the above qualifying services particularly keeping in view the most stagnated state of the Central Excise stream officers, there should kindly be incorporated the permanent provisions in the recruitment rules at every level to promote the officer automatically to the next higher grade, if his/her stagnation in a grade reaches one & half times of qualifying service. It may also kindly be ascertained in the recruitment rules that a direct recruit Inspector of Central Excise is not retired before entering PB4 pay band like other counterparts. The measures like time bound promotions, notional promotions, creation of super-numeratory posts, creation of separate service etc. may also kindly be taken into consideration to improve the acutely stagnated condition of these officers.

10. In view of the above, you are very much requested to expedite the cadre restructuring proposal of CBEC particularly keeping in view the large scale retirements of Central Excise group ‘B’ officers. Any cut instead of increase in the posts will certainly be detrimental to the interest of the government revenues as these are the minimum bare number required functionally. The Association hopes that the matter would be expedited in its true spirit particularly keeping in view that the CBDT proposal has already been agreed in principal. It is expected that both the proposals would be sent for cabinet approval under the one and the same tag.

Thanking you,

Yours faithfully,

--sd--

Encl: Annexure-I.

(RAVI MALIK),

Secretary General

S.No.	Name of the Ministry	Group – ‘A’	Group-‘B’	Ratio
1.	Agriculture	331	412	1:1.24
2. 3.	Chemical and Fertilizer Coal	121 42	205 79	1:1.69 1:1.88
4. 5. 6. 7. 8. 9.	Commerce & Industry Consumer Affair Corporate Affairs Development of North Eastern Region Environment & Forests External Affairs	975 218 412 146 154 1126	1469 368 426 78 97 2223	1:1.50 1:1.68 1:1.03 1:0.53 1:0.63 1:1.97
10. 11. 12. 13. 14. 15. 16.	HRD Defence Finance Food Processing Industry Health & Family Welfare Heavy Industry & Public Enterprises Home Affairs	299 13046 12840 86 3840 59 14772	650 26450 54418 73 2514 102 22012	1:2.17 1:2.02 *1:4.24* 1:0.87 1:0.65 1:1.73 1:1.49
17.	Law & Justice	348	731	1:2.10
18.	Labour & Employment	951	1238	1:1.30
19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30.	Micro, Small & Medium Enterprises Minority Affairs New & Renewable Energy Overseas Indian Affairs Panchayati Raj Personnel, Public Grievances & Pension Planning Power Railways Rural Development Science & Technology Shipping, Road Transport & Highways	383 11 98 21 18 1162 367 551 8285 140 717 519	546 11 82 34 22 1205 359 566 7247 305 1139 695	1:1.43 1:1 1:0.84 1:1.62 1:1.2 1:1.04 1:0.98 1:1.02 1:0.87 1:2.18 1:1.59 1:1.34
31. 32. 33. 34. 35. 36. 37.	Textiles Tribal Affairs Water Resources Woman & Child Development Dept of Atomic Energy Dept of Space CVC	239 33 1620 76 9311 8255 47	559 49 2202 134 8469 3570 92	1:2.34 1:1.48 1:1.36 1:1.76 1:0.90 1:0.43 1:1.96
38.	CBDT(Finance)	4159	4450	“1:1.07”
39. 40.	CBEC(Finance) Min of Civil Aviation	2439 17	13876 16	“1:5.69” 1:0.94