Consistency of CBIC which only Hyderabad knew all along

Dear friends and comrades,

Member (Admn) Shri. S. Ramesh had attended a meeting organised by Shri. Ravi Malik at Hyderabad, in which the Member announced about the resolve of the CBIC to file SLP in Bharathan case.

The SLP was based on a question of law primarily as to whether the 1986 OM could be used in respect of officers who joined prior to 1986, because the Parmar judgement interpreted the 1986 OM and Bharathan and others belonged to a batch earlier to 1986 (though their seniority had been originally fixed based on the 1986 OM only).  

The question of law has now been settled by the decision of the Hon'ble Supreme Court by dismissal of the SLP after 23 hearings (in around 23 months) and after 1 and 1/2 hour of study of all OMs and Judgements by the Hon'ble Supreme Court, during the last two hearings.

But all our Hyderabad Comrades, who had been blaming the proceedings and saying that the DPCs were being held up due to this case, hid from the view of the cadre, that this question of law had in fact been settled by the CBEC itself in the case of Hyderabad.

ASTONISHING? BUT TRUE.

Pl see the para extracted from their High Court Order in W.P. 11620/2004 before the AP HC wherein the dispute regarding the PR DR quota was decided.

CLICK HERE FOR THE ENTIRE ORDER OF HIGH COURT

If any one had doubts whether it has any relevance for the Parmar case, the submission before the Hon'ble Supreme Court in the Civil Appeal against the above High Court Order is as below:

And the DRs of Hyderabad already stand benefited by the interpretation confirmed in the Bharatan Case (Parmar).

I leave the rest for the judgement of the entire cadre.

R. Manimohan,
SG, AIACEGEO

DPC and our proposal for avoiding and overcoming litigations

Dear friends and comrades,

          There have been several calls and messages seeking to know the position of the DPC as well as our proposal for re-designation.

          To the best of our knowledge, the CBIC taking efforts to conduct the DPC by 30.06.2020.

          In the meanwhile, there are pressures and counter pressures regarding the correctness of the AISL.  Our AIEC had decided not to get into it now. 

Only considering all aspects we have decided that we have to get the anomalies corrected by getting the Branch B Service moving and with necessary number of posts to take care of the stagnation.  Only towards that, we have given our proposal for re-designation on 01.06.2020 even before the video conference with the Chairman on 10.06.2020.

When we suggested to the DGHRM on earlier occasions that all states are re-designating their CTOs as ACs, they said that there was no pay revision in those cases.  Hence, now we have proposed a re-designation which does not require a pay revision.

          This proposal has gained wide acceptance among the cadre since it is a panacea to many of the ills afflicting the AISL and ratio between Central Excise and Customs.

          Hence, even in the video conference on 10.06.2020, we requested the Chairman to consider this proposal for re-designation, along with or apart from the efforts for DPC.  He also agreed to look into it.

          Hence, to avoid any further litigations pertaining to the AISL and to resolve the existing ones, we are buttressing our proposal with the necessary statistics and justifications. (CLICK HERE FOR THE LETTER DATED 22.06.2020)

          Let us be united in this effort so that when the Branch B service is brought in, the strength of the re-designated ACs could be added to that strength and elongated/elevated to the level of JCs, as per our original demand so that time bound promotions could be ensured to that level at the least.

          We therefore request all our members in all parts of the country to kindly focus their energy towards achieving this demand, instead of fretting away their energy and resources on litigations.

Fraternally yours,

R. Manimohan,

Secretary General,

AIACEGEO

Brushing up and some clarifications

Some Superintendents from Hyderabad and UP have been contacting me and asking me certain points for their personal knowledge. I am giving a clarification in general:



1) Which is the real association?

a. We represent all of India, except the states of Andhrapradesh & Telengana, UP and Gujarat (which are supporting Mr. Ravi Malik) and Shillong which has not decided.

b. All our units are elected as per the constitution and they are having membership deductions from salary.

c. The Units on the other side (all of them) cannot state so.

d. The Constitution of this Association was NOT amended to allow ACs as members. If so the then SG and President of this Association would not have themselves participated in the official launch of the IRS (IDT) OA representing the promotee ACs/DCs at Kolkatta and thereafter formed a JAC with them.

e. No such amendment has been approved by the Board in terms of the CCS (RSA) Rules, as is mandatory for its operation, EVEN IF SUCH AN AMENDMENT HAD BEEN MADE. This has been repeatedly stressed and accepted by the Board itself.

f. That in ITGOA continuance of promotee Officers is allowed is not a factor to decide whether our Constitution permits it, whether it was amended and whether the amendment was approved.

g. Mr. Ravi Malik has till date not dared to reveal the membership strength he really enjoys by way of DDO certificates obtained after May 2017 when the split took place.

h. The reason why he is still entertained/pampered/patronised by the Board is that Mr. Ravi Malik has been doing WHAT THEY WANT HIM TO DO, instead of actually what the Cadre wants.

i. That is why in January/February 2018, they brought him back with file noting with an intent to make him intervene in the SLP filed in the Bharathan Case. That attempt however failed. But without realising that it would fail, they had prepared a reply-Counter, giving in impression he was an Association. THE FUNNY PART IS THAT THE REPLY COUNTER ITSELF WAS FILED IN REPLY TO OUR COUNTER.

2) Whether we are opposed to DPC/Promotions :

a. We are not opposed to DPC or Promotions. We are rather desperate for Promotions.

b. We are concerned about that category of Superintendents who are retiring without even a second promotion in their career.

c. We only expect that the legitimate claims of the Central Excise side should get its due in the process.

d. We only desire that there should be uniformity in interpretation of Seniority related matters in all zones but for which the All India Seniority List will be distorted.

e. In case the above anomalies regarding the AISL and ratio between Central Excise and Customs could not be sorted out by the Board before the DPC, we have also given an alternative solution which is only an administrative decision to be taken and could be done to the benefit of all stagnating Superintends all Over India – Redisgnating all those who reach 5400 PB3 by MACP or those who would have received it but for the cap by the MACP rules of only 3 MACPs, as ACs and allowing them to operate the vacancies in each zone.

f. When our Executive Committee has already given this proposal to the Board, it itself shows how far this Association is concerned about the seniors retiring without getting even a second promotion in their career.

g. On the other side we have Mr. Ravi Malik and his few friends asking for a method of promotion to ensure that their Customs colleagues so that they could retire as JCs and ADCs.

h. We also see that suddenly now they have woken up to what we were saying earlier, that there should be uniformity in all zones. But saying that yesterday only is intriguing.

3) Whether DPC will happen?

a. The Chairman is taking earnest efforts for the same.

b. However, our experience says that such things could not be done by consensus and that only a firm administrative resolve to go by the rule of law can enable it.

c. Yesterday’s letter in the name of Mr. Harpal Singh (seen on their blog) has put so many conditions that it may become an impediment in the process.

d. However, legally they need not be taken into consideration at all, but only if the Board under the present Chairman, is prepared to undo the corrupt act committed by his predecessors in January/February 2018 by resurrecting a spent force, to suit their designs.

e. Even otherwise, we have requested the Chairman to process our request for re-designation as ACs, either alongside the DPC or separately, if the DPC cannot happen for whatever reasons.

f. By any method, we want our members to retire as ACs AT THE LEAST.

4) What we will do if the promotions do not happen?

a. It is a hypothetical question I cannot answer.

b. All decisions communicated by me are as per the decision of the All India Executive Committee.

c. Every single letter to the Board is as per concurrence of the AIEC, by way of circulation online.

d. But, the entire cadre is demoralised as never before. On one hand we have Inspectors who have put in 35 years and above of service retiring only as Superintends. Now those who have completed only 2 years as Inspectors are also simultaneously in the same cadre which makes it a mockery of ‘respect to service’.

e. If having taken the benefit of the service of these senior officers, from their Inspector days, the IRS who got all credits and promotions only because of the hard work of these Inspectors who are currently Superintendents, will not have the heart to give them their due by ensuring the retirement of each one of them atleast as an AC, then it is for the cadre to decide, how they should react.



Foot Note: In the last three years, I have observed that whatever might be the machinations of certain vested interests, however power full they might have been, God’s hand has been guiding our course. Otherwise, with explicit messages from Smr. Vanaja Sarana and Shri. S. Ramesh that they prefer the Association to be represented by Mr. Ravi Malik, the members of more and more units would not have decided to support our side solidly. Everywhere there would be one or two people to take a stand contrary to the popular stand, just for the heck of it, if not for their personal gains. But the Cadre, by and large has understood the designs of the administration when it was being run all along. The present Chairman has earned the name of being a fair Officer and a Gentleman wherever he has worked. That he has become the Chairman and has a reasonably long stint to see through the Cadre Restructuring also gives me a feeling that this is also God’s hand at work. Therefore things are not as bleak as perceived. Hope is the best medicine to survive.



With fraternal regards,

R. Manimohan

SG, AIACEGOE (Membership supported)

Letter submitted to the Chairman as requested in yesterday's meeting

WHAT I COULD NOT SAY IN YESTERDAY’S VIDEO CONFERENCE

Dear friends and comrades,

At the outset we should be thankful to the Chairman Shri. Ajit Kumar for having taken efforts to conduct a video conference for three Associations on the matter of Group ‘B’ to ‘A’, as promised.

The proceedings of yesterday’s meeting had been circulated in whatsapp and therefore is not uploaded here.

The resolution which is awaiting the approval of the AIEC will be uploaded on issue.

Many have been calling me or through whatsapp asking me whether we did not say certain aspects regarding our long stagnation history to the Chairman during yesterday’s video conference and press for our resolution for re-designation, enough. 

At the outset let me say my video and audio were badly disturbed during the conference that I could not hear most of what others spoke and I got to speak only at the very fag end.  Our President who was however able to see and participate in the entire proceedings, informed me that after every one had given their points, the Chairman and his team were waiting for almost 15 minutes to get back my link.

So by the time my link was re-established, understandably people would have been tired.  It was already about 6.45 pm I believe. 

In fact I had prepared a lot to bring to the notice of the Chairman.

But due to the time constraint it could not be expressed in full.

I could not narrate how the previous efforts of bridging the regional and zonal inequalities in promotion had been scuttled even after the decisions or after trhe schemes got implemented after a lot of organisational work and with the help of understanding Officials at the helm.

The first instance is of 1994-95.  The demand was for up gradation of posts of Inspectors who had completed 15 years as Superintendents.  Due to the efforts of the then President Shri. V. Unnikrishnan, and due to the interest taken by the then Revenue Secretary Shri. R. Sivaraman, supported by the Chairman of CBEC Shri. R. Gopalnathan, 1757 posts all over India had been upgraded.  Shri. P.R.V. Ramanan, then JS (Customs) was also actively involved in getting it through.  

But this  was demolished by vested interests during the re structuring in 2001-02. 

Similarly the Board’s decision of 1996 to integrate the three base cadres of Inspector, PO and Examiner was torpedoed and file itself could not be traced.  During the discussion on Stagnation Committee in 2018, we had to supply copy of the Board resolution.  

That decision is yet to be implemented till date again due to vested interests.

The next great move in the history of CBEC was made achieved when Smt. Shanthi Sundaram was the Chairperson.  The work for getting 2118 temporary posts of ACs created to take care of stagnation at the level of Group B was started and pursued by Shri. Sridharan and actively taken up with the DOPT by Shri. Dut Majumdar. Smt. Shanti Sundaram atlast saw it through.

Though these temporary posts of ACs were created to reduce stagnation and therefor outside the ambit of the Recruitment Rules, the flawed distribution ratio between Customs and Central Excise was used for distributing these posts also as a result of which we see that the imbalance has widened.  While an Inspector of 1985 has to knock the doors of Courts to get a second promotion in is career, the 1994 POs could become ACs in 2018, 1991 Examiner could become ACs in 2017 and JCs now.  It is to be borne in mind that the POs were also stagnating beyond 15 years in 1994-95 and they also supported our demand for upgradation and got benefited.  But what changed their positions today?

Why the Inspector born cadre has been left in the lurch and with more regional imbalances than ever?

There have been several Chairmen and Chairpersons in CBEC.  But Shri. R. Gopalnathan, Shri. Sridhar, Shri. Dut Majumdar and Smt. Shanthi Sundaram, like Revenue Secretary Shri. Sivaraman,  and Shri. P.R.V. Ramanan, will remain etched in the hearts of the Inspector born cadre of this Department.

This short history I was not able to tell in the meeting yesterday.

I also wanted to say what Principal Chief Commissioner Shri. Naresh Penumaka said in the meeting at Bhubaneshwar.  He said that he could understand the pain of stagnation because his father who joined as LDC in this department could retire only as Superintendent and still rues that he could not become an Assistant Commissioner.  I wanted to just say, how then, persons who joined as Inspectors and retire as Superintendents would feel.

But there was no time for saying all these.

However, people with a heart can hear even when things are not said.

Otherwise it matters not even if it is said.

with fraternal greetings,

R. Manimohan,

Secretary General

Resolution suggesting method for filling up vacant AC posts

RESOLUTION PDF

Alternative to freezing of DA/DR suggested

Ref. No: Cab Secy/01/2020                                    Date: 04.05.2020

To

The Cabinet Secretary,

Rashtrapathi Bhavan, New Delhi

Sir,

Sub: Freezing of DA for Central Government employees – as alternative request for deferment instead – reg.

          Kind reference is invited to the decision of the Government to freeze DA that has accrued for the CG Employees from January 2020, up to July 2021 including any further DA that could accrue during the said period.  It has also been announced that no arrears of the same would be payable after July 2021 also.

          The immediate fall out of the above decision is that those retiring up to July 2021 will face a permanent monetary loss throughout the rest of their lives in the form of reduced DCRG and leave encashment benefits.  Similarly, at a time when the pensioners belonging to the most vulnerable age group have to be taken care of, their pension will get affected adversely.

          Our members have been generously contributing to the PMREF, PM CARES, CM Relief Funds of different States/UTs and other social organisations for relief work.  Many of our members have also organised relief work on their own, wherever possible. 

The Department of Revenue has also made an appeal to all Government Employees to make liberal contributions to the PM CARES towards COVID 19, from the salary of May 2020 to March 2021 vide F. No. A-50050/42/2020-Cash dated 29^th April 2020.  We however fear that with the DA/DR freeze in force, the call of the Department of Revenue may not get the same enthusiastic response which it could have otherwise received.

           It is a matter of fact that the 4% DA that had fallen due on the first of January 2020, was only due to the increase in the All India Consumer Price Index and hence was only to replenish the value of income in the hands of the Government servants, which had already dwindled.  Thus freezing of DA/DR is nothing but a reduction of salary. 

     

When we are part of the Government, our own Government could not have taken a decision of such great magnitude, concerning our salary which is built up on the edifice of mutual consultation and scientific evaluation, without even consulting our representatives on the staff side in the National JCM. 

Freezing DA/DR for 18 months will be a loss of 72% at the least, for every employee and pensioner.  Any future depletion of value of emoluments at the hands of the Government servant due to future price rise also will go un-replenished and the monetary loss will be much more.  By a conservatory estimate, the reduction will be at least equivalent to one month’s salary. Further, the cost of living, due to private transport, health care, etc are only set to increase, apart from the rate of price rise not expected to decrease any time.  Hence, a compulsory deduction of salary could be harsh. 

All Government Servants contribute through their services. To deduct salary in such an unprecedented manner would demoralise the very work force which is in the field fighting the COVID 19.  The Government servants are the ones who come up to help overcome not only in this pandemic, but any disaster or difficulty that the society faces any time. Even in normal times they are essential, though it becomes perceptible only at times of difficulties. The distinction of ‘pride of service’, cannot therefore be compromised for a mere ‘labour for wages’.  It is based on this fundamental plank that Government service itself exists. It is this fundamental fact that gives them the moral gumption to face any difficulty before the nation and also that which deserves due appreciation.  It is therefore humbly requested that this work force should not be allowed to get de-motivated.

When our Government itself has been rightly insisting that private employers and contractors should continue payments to their employees during the lock down and that house owners should not demand rent for this period, there could not be a contrary approach to its own service personnel.  Reduction of salary by the Government for it’s own employees, will have an adverse effect on the emoluments of all work force down the line, having a downward spiralling effect and for all time to come. Apart from the impact such an event could have on the economy as a whole and the well being of the nation, we fear that the Government, by this, will lose it’s pride and eminence as a model employer.

Further, though the Government has instructed the Banks not to insist on EMIs on loan repayments, up to June 2020, the Banks are learnt to have taken a stand that though the EMI could be postponed, the interest will keep accruing. As a result, we will only be forced to make more payments, towards our loans, during this lock down period also, though at a later date.

Hence keeping in view the above, it is humbly suggested that the decision to freeze DA/DR may kindly be withdrawn altogether.  If for paucity of funds, it is not possible at this time, then as an alternative we suggest that it may only be deferred by crediting the present instalment and any future instalments upto July 2021, to the GPF accounts of the employees, with a moratorium on withdrawal (except in case of grave medical emergency or death of family members) for a period of 2 years.  This will also ensure that the pensioners who are in the vulnerable age group are not adversely affected.

With fond hopes that the Government would consider the above appeal keeping in mind the long term effects and morale of ground level staff of its own service personnel,

We remain,

                                                                                                    Yours truly,

(R. Manimohan)

SG, AIACEGEO

Copy submitted to:

(1)        The Revenue Secretary, North Block, New Delhi –

(With an assurance that on de-freezing of the DA as requested by us above, we will mobilise contributions to the PM CARES as per the appeal of Revenue Department dated 29.04.2020 cited in this letter)

(2)        The Expenditure Secretary, North Block, New Delhi.

(3)        The Secretary, DOPT, North Block, New Delhi.

(4)        The Chairman, CBIC, North Block, New Delhi.

(5)        The Secretary General, Confederation of Central Government Gazetted Officers Organisations

(R. Manimohan)

SG, AIACEGEO