The existential crisis for the department

Dear Comrades and friends,

Wishing you all a very happy Diwali – the day of light, bright and colourful.  May the light lead us to better days ahead.

Within our department, we face an existential crisis.  If it has not been noticed, then this is the moment to grasp it.

The former leadership sat over the signals, repeatedly highlighted by persons like Com. Pyne and Com. Mouli that the GST was going to be a huge avalanche for the department and that we as an organisation had to be prepared for it.  It fell on deaf ears, until the DR IRS Association got involved.

Even then, in spite of almost the entire body present in the Preconvention meeting at Delhi preferring to proceed on our charter, under our own flag, it was compromised and we saw our leader go along with DR IRS and Appraisers, whose interests have never been in unison with ours, through out the history of the department.

Now, the ‘ring fencing of Customs’, ‘liquidation of legacy issues in a jiffy’, ‘disposal of adjudication matters, investigations and even appeals of legacy issues in a hurry’, etc are strong signals that there is a great movement below the earth, awaiting this department.

At this juncture, there are rumour mills already agog that the Board is mulling a proposal to create some JC posts by surrendering more than thrice the number of Temporary posts of ACs, at the time of proposing for extension of the temporary posts, as recommended by the Stagnation Committee.  To whose benefit such a proposal would work is anybody’s guess. We are yet to get any confirmation on the above from the Board, however.  The delay in holding of DPC for the temporary posts of ACs could very will be a reason in that direction.

 In the meanwhile, the distraction attempted by our former SG gives a strong signal that there could be some truth in the above said rumour.  He suddenly, again, tries to talk up for the entire Inspector born community – something he refused to do when he was the SG of this Association, legitimately (?) At that time, he would not like to sit and discuss with lesser mortals.  He found company only with the DR IRS and Appraisers – that elite club.  Now that he talks about the necessity of all to come together, it clearly shows that there is a reading at the level of the DR IRS also, that there is disturbance expected, round the corner and perhaps they would be more than interested in our gaze not getting stuck on the creation of those JC posts. For that reason, he harps on comparison of our cadres with the SGST in terms of hierarchy.  This is not after all a new development.  We have already factored in this issue in the demand made by the JAC of Inspector base Associations.  But the highlight is the attempt to shift focus.

Almost all the functional units have declared support to this body.  Only one or two have sought time for a formal decision to be taken after this Diwali.  Once they also decide, the only region with a legitimate, elected body and functional unit supporting the former SG would be AP and Telengana.  I have deliberately avoided making any formal request to them to reconsider their stand, only because the President of that faction hails from there and therefore I did not want to embarrass them.  We also do not want to behave in the mean fashion as our former SG has been behaving in creating crisis within units, dividing the membership, sending letters to their local administration to undermine legitimately elected bodies, etc.

But, if the existential crisis that is going to face us within a few months from now on is to be faced squarely, we require to be united and have to work out our own plans - not believe those who want to tail those who proclaimed, ‘we are capable of looking after ourselves’.

Hence, we are required to urgently mobilise our cadre. 

Regular meetings at regional levels is required.  Messaging over WhatsApp, facebook and email does not serve to mobilise the membership.  Meetings with members at various levels, is a must.  Unit office bearers and AIB office bearers will have to get prepared to start moving.

Most of the units have got up from their slumber and are becoming active. 

There is thus hope, this Diwali.

R. Manimohan

SG, AIACEGEO

Supreme Court Order in Subramaniam case

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

Civil Appeal No(s). 8883 of 2011

UNION OF INDIA AND ORS. Appellant(s)

VERSUS

M.SUBRAMANIAM Respondent(s)

WITH

SLP(C) No. 23513 of 2015

AND

SLP(C) No. 3189 of 2015

AND

SLP(C) No. 17576 of 2017

O R D E R

We have heard learned counsel for the parties and perused the

record.

We do not see any ground to interfere with the impugned

order(s). The appeal and also the special leave petitions filed by

the Union of India are accordingly dismissed.

..........................J.

(ADARSH KUMAR GOEL)

..........................J.

(UDAY UMESH LALIT)

New Delhi,

October 10, 2017.

ITEM NO.4 COURT NO.10 SECTION XII

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal No(s). 8883 of 2011

UNION OF INDIA AND ORS. Appellant(s)

VERSUS

M.SUBRAMANIAM Respondent(s)

(IA NO 6 – Applications for impleadment TO BE LISTED)

WITH SLP(C) No. 23513/2015 (XI -A)

SLP(C) No. 3189/2015 (XI -A)

SLP(C) No. 17576/2017 (XI -A)

(With Interim Relief)

Date: 10-10-2017 These appeals were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE ADARSH KUMAR GOEL

HON'BLE MR. JUSTICE UDAY UMESH LALIT

For Appellant(s) Ms. Pinky Annad,ASG

Mr. Ajit Kr. Sinha,Adv.

Ms. B. Sunita Rao,Adv.

Mr. Anurag,Adv.

Mr. A.K. Srivastava,Adv.

Mr. Abhinav Mukerji,Adv.

Mr. Rishabh Jain,Adv.

Ms. Kirti Dua,Adv.

Mr. B. Krishna Prasad, AOR

Ms. Anil Katiyar, AOR

For Respondent(s) Mr. R. Venkataramani,Sr.Adv.

Mr. M. Gireesh Kumar,Adv.

Mr. Sriram P.,Adv.

Mr. Ankur S. Kulkarni, AOR

Mr. Vijay Kumar, AOR

Ms. Lakshmi N. Kaimal, AOR

UPON hearing the counsel the Court made the following

O R D E R

In terms of the signed order, the appeal and the special

leave petitions are dismissed. Pending applications, if any,

shall also stand disposed of.

(MAHABIR SINGH) (PARVEEN KUMARI PASRICHA)

COURT MASTER COURT MASTER

(Signed order is placed on the file)

Request for implementatation of 5400 order in rem

ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS (Representing the Superintendents of C.Ex & CGST) [Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008] 6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018. Email id: aisacbitc@gmail.com&manimohanr66@gmail.com

President Sanjay Srinivasan Vice Presidents:  Prabir Mukhopadhyay Sanjay Kumar  H.S. Bajaj  K.S. Kumar P.K. Jaishankar Iyer Secretary General  R. Manimohan (09443063989) Asst Secy General  Shishir Agnihotri Joint Secretaries: Kousik Roy D. S. Thakur Malkit Singh  Kalugasala Moorthy Sandip Panvalkar Core Committee: R. Chandramouli Tirthankar Pyne Ajit Kumar K.G. Office Secretary: K.R.Dinesh Kumar (09443935875)

Ref. No: CBEC/29/2017                               Date: 11.10.2017 To Smt. Vanaja N. Sarna, Chairperson, CBIC, North Block,  New Delhi. Shri. S. Ramesh, Member (Admn),  CBIC, North Block, New Delhi. Respected Madam/Sir, Sub: - Granting of GP 5400 in PB-2 on completion of 4 years of continuous service in GP 4800 – SLP of department dismissed by Hon’ble SC in the case of M. Subramaniam- Implementation -reg. Kind reference is invited to our submission in the meeting held with the Member (Admn) on 18.08.2017 with regard to the SLP No. 15627/2011 filed against the Judgement dated 6.9.2010 of the Madras High Court (converted into Civil Appeal No. 8883/2011) filed by the department in the case of M. Subramaniam on the issue of granting of GP 5400 in PB-2 on completion of 4 years of continuous service in the GP 4800, irrespective of whether GP 4800 was gained by way of promotion or not.  We had cited the dismissal of SLP filed in a similar case and requested the department to withdraw the SLP in the case of M. Subramaniam so that the stagnating cadre in our department would get their due benefit.  This issue was discussed with the Member (Admn) again when the JAC of Inspector Base Associations met him on 15.09.2017.  He was also kind enough to say that he will look into it. In the meanwhile, the matter came up before the Hon’ble Supreme Court on 10.10.2017 and the Hon’ble Supreme Court has dismissed the above said SLP filed by the Department. Copy of the order on the Supreme Court’s web site is enclosed for kind reference. On receipt of the signed copy from our advocates, the same would be submitted. Since the benefit was already extended to the individual concerned due to the Hon’ble Supreme Court refusing to stay the  Madras High Court order challenged in the SLP, what remained to be resolved was only the legality of the clarificatory memorandum dated 13.12.2012 issued in this regard, wherein a fresh stipulation was made that GP 5400 in PB-2 could be granted only if GP 4800 had been attained in the specific post and not otherwise. Now with the Hon’ble Supreme Court dismissing the SLP, the Madras High Court Order holding that the clarificatory memorandum dated 13.12.2012 was not maintainable because it was contrary to the decision of the Government of India’s resolution on this issue becomes applicable in rem.  It is therefore requested that the above said decision of the Hon’ble Supreme Court may please be accepted without any further delay and necessary instructions be issued to the concerned to grant the benefit to all the officers concerned immediately. By this the inequalities in respect of promotions would be addressed, at least to some extent. The entire cadre looks forward for an early implementation of this benefit which will have an implication mainly only in the CBEC, due to the heavy stagnation at such a level in the hierarchy. Yours truly, Encl: As above                                                                                  (R. Manimohan) Secretary General Copy to The Joint Secretary (Admn), CBEC, North Block, New Delhi.

For DPC to the posts of ACs

I have been getting calls from various parts of the country enquiring about the present status of implementation of the N.R.Parmar judgement and the DPC for the posts of ACs lying vacant.

While some have insisted that Parmar judgement should be got implemented, some others have pleaded that they may be promoted because they may not get a promotion at all.

This dichotomy within the cadre is understandable.

Unlike some others who try to bring pressure on those who have gone to Court, we have tried to make the Board take some concrete steps to avoid forcing members to go to courts to get a settled law implemented and also to ensure that the promotional posts are not allowed to lie vacant when people are totally demoralised by stagnation.

We said this on 18.08.2017 during our meeting with the Member (Admn) and reitereated it on 15.09.17 to him.

In the light of the dismissal of the Review petition of the department in the case before the Madras High Court, we have urged the Board once again to issue instructions to the field like done in the case of CBDT and in the meanwhile seek the permission of the Court to conduct adhoc DPC with an undertaking that the revision of seniority list will be completed within a specific time frame and DPCs will be reviewed accordingly.

The latest letter to CBEC is given above.

Let us hope, the larger interests of the cadre are neither compromised nor be held to ransom.

ON SUBRAMANIAM CASE

Dear Comrades,

By this time news would have reached all of you that the SLP filed by the Dept against the Madras High Court Order in the Subramaniam case with regard to grant of GP 5400 on completion of 4 years in GP 4800 has been dismissed by the Supreme Court yesterday.  [For those who have asked me its impact implications etc, I would like to explain in simple terms that by this decision, it is held that who ever completed four years of continuous service in the GP 4800 shall be eligible to get GP 5400 PB-2. The contention of the dept that it will apply only to those who got promoted to the GP 4800 and only from that date, is rejected by the Hon'ble SC.]  We have work to do in this matter at the level of the Board and Ministry, so that the process of its implementation is quickened.

By a quirk of luck I could be available in the court when the matter came up for hearing – due to a trip planned to Delhi for organisational purposes at the insistence of Com. Anupam, but by the hands of providence the case got listed for Tuesday, our Advocate sounded Com. Arun Zakaria that it was coming up before a bench who were known to dispose of cases and hence a Senior Advocate had to be engaged, the same was immediately agreed upon, Com. Arun asked me to brief the Counsels, which I did and the papers made available by Com. Vigneshwara Raju in respect of Shivakumar case, the HC Order, the note sheets, the SLP dismissal in that case, etc were handed over to the Counsels and Com. Anupam and Com. Abhishek Kamal transferred the fees for the Counsels on Monday itself- all this happened in tandem.

Though the Sr. Advocate was fully geared up to argue on the merits of the case, merely on his handing over the papers related to the SLP already dismissed, even as the ASG was present, the two member bench dismissed the SLP.

THIS IS ANOTHER INSTANCE WHICH HAS SHOWN HOW WE CAN EASILY WIN OUR ISSUES BY WORKING IN TANDEM WITH THE INSPECTORS ASSOCIATION OR FOR THAT MATTER WITH OTHER SISTER ASSOCIATIONS WHO ARE ONLY OUR EXTENSIONS –PAST OR FUTURE. WE HAVE EARLIER GOT THE BENEFIT OF THE REVISION OF PAY SCALE WHEN OUR ASSOCIATIONS WORKED TOGETHER IN 2004.

Now, though I did not want to discuss anything about what Com. Ravi Malik did or not in this case, seeing his blog and copy of letter addressed to the FM copy endorsed to the PM, RS and others today, I am shocked.  Instead of seeking to get the issue settled amicably, he is trying to compound it by tagging it along with many other issues and making it look as if some large Constitutional issue is involved.

In fact in the Kolkota AEC, when Com. Kousik pleaded with him to take up this case, he made fun of Com. Kousik by asking him how Superintendent Association can take up Inspectors case.  When I intervened and stated that the beneficiaries were all Superintendents now and the case may not have much relevance for the present Inspectors and that it was the duty of our Association to protect the interests of its members, he innocently asked what he can do in the matter.  Then Com. Kousik explained that we have to engage a counsel, get the SLP brought up for early hearing and get it dismissed and only then all members can get the benefit because the individual had already got it and the question was now for implementation in its entirety. Then Com. Ravi declared that there were several similar litigations pending in various parts of India on various issues pertaining to the cadre and if we are to take up all those cases he would require Rs. 7 Crores. That was the end for that.

Thereafter we decided to get individual contributions and deposit in the account of AICEIA and with impleading petition of AICEIA, we conducted the case.  The arguments and paper books had been already prepared by Com. Arun Zakaria, Com. Kousik and Com. Ajit K.G.

Only now it’s time came and got disposed off as narrated above.

At this juncture, to tag this decision with so many other litigations and talking about a National Litigation Policy and also creating doubts about whether it will be implemented atall, etc, will only create trouble in getting it implemented for the cadre.

I hope people like Com. Pawan Kumar Reddy and Com. Venkatesh will be able to see the danger and take appropriate action to ensure that the boat is not rocked.