RIGHT TO LIFE WITH DIGNITY AND QUALITY

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: PMO/02/2017                                      Date: 27.11.2017 To Dr. Jitendra Singh, Hon’ble Minister of State, PMO, Public Grievances & Pensions, South Block, New Delhi. Respected Sir, Sub: Constitution day – Threat to life posed by Introduction of AADHAR Enabled Biometric Attendance System (AEBAS) – request for review -reg           In pursuance of DoPT instruction vide OM No. 11013/9/2014-Estt.A-III dated 28/01/2015 and 22/6/2015 on the above subjects and subsequent orders issued and provisions made by the respective departments, officers all over the country have been registering themselves in the system (AEBAS) since last one and half year. The need for promptness in service/duty to the citizens stands highlighted. 2.       However, against the back drop of the Constitution Day observed on the 26th of November, we would like to bring to your kind attention, the manner in which the said AEBAS has been working at cross purposes, threatening the Right to Life and also posing a problem to the quality & dignity of life of the Government Servants brought under the scheme. 3.       Lack of confidentiality of AADHAR data posing a threat to Right to Life:        Confidentiality of AADHAR data has always been a matter of concern to the Government as well as the general public.  The recent decision of the Government to stop private agencies from collecting such data has only highlighted the vulnerability of the data already collected and accessed by several private agencies.  3.1.       Recently, in a reply to a query under RTI, UIDAI has reportedly admitted that AADHAR data has been leaked on more than 200 Government sites alone. 3.2.       For the officers working in investigating agencies like Central Excise, Customs, Income Tax, CBI, Enforcement Directorate, Directorate of Revenue Intelligence, Directorate of Goods and Service Tax Intelligence, etc., where high profile persons and corporate are required to be investigated, any threat of personal data compromise means threat to the persons themselves and to the institutions also. (Further the notified office hours prescribed by AEBAS would be counterproductive in these organisations)

3.3.       A 9 member Constitutional Bench of the Hon’ble Supreme Court of India in the judgement dated 24/8/2017 held the Right to Privacy as a Fundamental Right as a part of the Right to Life under Article 21 itself. Though final decision of the Constitution Bench on AADHAR is pending, its use as a legal tool to be linked to attendance is put under question. It also raises question as to whether the Government’s act to force an employee to get an AADHAR and/or produce it to their department is legitimate.

3.4.       In the light of linking of AADHAR to the salary accounts and bank accounts of the individual officers, any breach of the data may endanger the life and property of not only the official concerned but also his family.

3.5.       The SBI itself had admitted to compromising of data pertaining to their Debit and Credit Cards, thus highlighting the vulnerability of electronic data linked to bank accounts.

3.6.       The Government as an employer is bound to ensure safety and security to its employees and their family.

3.7.       Considering the varied contents in National Data Sharing and Accessibility Policy (NDSAP), 2012, Cyber Security Policy, 2013 and Right to Information Act, 2005, the AADHAR data pertaining to the Government Servants is required to be classified (apparently) as restricted, sensitive and close data, which is due till date.

4.       Lack of basic amenities and infrastructure affecting the dignity and quality of life: 

From the beginning employees have been raising certain infrastructural/ operational, support and technical/ legal issues on the implementation of AEBAS. Some of them are highlighted below:

4.1.  Office infrastructure:       Provision/availability of good Canteen facilities and clean lavatories always remain helpful in maintaining punctuality and attendance in offices. However in most of the offices both are still wanting.  The Departmental Canteen facilities have been withdrawn considerably over a period of time, from the time of previous Governments.

4.2.  Infrastructure for AEBAS:         Apart from organisation registration, offices are required to arrange for the Tabs as well as sound internet connection (wifi) to ensure steady attendance arrangements for the employees. Unfortunately, in most offices maintenance of infrastructure is very poor and most of the AEBAS equipments (Tabs) are found out-of-order on most weekdays. Poor internet/ wifi links add to further worry. On some occasions even the central system is found failing. In effect, AEBAS, instead of being a mere attendance register, has become a new concern, almost another work in the beginning and end of a workday, for the employees, particularly putting to great difficulty the women employees who have to adher to the time of their share-cabs or shared rides in private vehicles.            

5.       We request that, at this momentous hour, the above points may be adequately considered by your good office and necessary instructions be issued urgently to the concerned departments

(i)           to review AEBAS and replace it with a separate attendance system (preferably using the departmental systems like ‘icegate’ and ‘aces’)

(ii)           to attend the infrastructural issues (provision of proper and clean lavatories, strengthening departmental Canteen facilities etc), and until such time,

(iii)        to continue with the attendance system as adhered to prior to introduction of AEBAS.

Thanking You,

Yours truly,

(R. Manimohan)

Secretary General

Copy submitted to:

Smt. Vanaja Sarna,

Chairperson, CBEC

New Delhi. (with a request to recommend the case of the Department in the light of security concerns involved)

(R. Manimohan)

Secretary General

Copy to:

1.    All Sister Associations in the CBEC

2.    All Sister Associations in the Department of Revenue  

3.    Secretary General, CCGGOO

(R. Manimohan)

Secretary General

Letter to PMO on Vigilance Awareness

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: MOS/PMO/01/2017                                    Date: 03.11.2017 To Dr. Jitendra Singh, Hon’ble Minister of State, PMO, Public Grievances & Pensions, South Block, New Delhi. Respected sir, Sub: - Vigilance Awareness Week, 2017- Suggestions on methods to contain and combat corruption – reg On behalf of our Association, it was a privilege to have participated in the Inaugural session of the Vigilance Awareness Week 2017 at Vigyan Bhavan, New Delhi on 30.10.2017, as per the invitation extended by the CVC.  It was also a privilege to listen to your good self and the Hon’ble Vice President of India on the occasion.   In this context, it is felt that the following few suggestions, if placed before your good self, could get the consideration of the Government and the Hon’ble Prime Minister and necessary action initiated to reinforce a clean governance. As the Hon’ble Vice President stated, clean water could be delivered through the taps, only if the overhead tank is clean. Similarly clean water cannot be delivered if the pipes remain rusted and leaky.  This was also pointed out by the Hon’ble Vice President quoting the former Prime Minister Shri. Rajiv Gandhi who had said that the expenses made by the government do not reach the common man.  This problem becomes inherent if the mindset of the officials in the Government machinery is to hold up the legitimate rights of the citizens of the country and expect to be compensated over and above their salary and allowances, to allow such benefits to flow to the society. Misuse of office and discretionary authority are other contributors to such pollutants. In this context, the manner in which the rights and legitimate interests of the Government servants are tackled itself plays a vital role in moulding their mind set. Just like charity beginning at home, all negative traits also would be carried down the line.  Hence, some of the chief issues in this regard immediately relevant in the case of the members of this Association are brought to your kind notice in general for issue of necessary guidelines:

 1) Applicability of judicial decisions in rem:

Whenever some legitimate dues are available to the Government Servants through Judicial verdicts, it should not be blocked by making the decision personal to the petitioners, even when rule of law or interpretation of statute/rule/circular is involved. This pattern if repeated by the persons who are adversely affected, in discharge of their duties, creates a chain reaction increasing the number of litigations, fretting away precious money, time and energy.  This will only lead to frustration and corruption in the system.

Hence, in keeping with the statement of the Hon’ble Prime Minister to do away with unnecessary litigation and to avoid individuals taking pains to go to the judiciary for even settled issues, instructions may kindly be given to the DOPT to implement all judicial verdicts in rem wherever the judgments/decisions are against any circular/instruction/rule of the Government and when no further appeals have been made against such decisions.

2) Rejection of retrospective/monitory effect on grounds of lack of funds:

There is also a tendency to deny the legitimate benefits on grounds of lack of funds.                In this case, it has to be pointed out that even a decision on a particular eligibility takes considerable amount of time and nowhere there is the practice of paying interest for the delay, to Government Servants.  Yet, retrospective and monitory effect for such decisions also is refused in many cases.  This will amount not only to justice delayed and therefore denied, but also being denied straight away.

In the case of Officers of Revenue departments itself, there is the classic case of denial of parity of pay scale with that of their counterparts in the CBI with effect from even 1.1.96.  Though the demand was conceded by the Government, it was effected only with effect from 21.04.2004 prospectively vide Expenditure Department’s O.M. No.6/37/98-IC dated 21st April, 2004, even though as per the grounds on which the decision was taken, the issues germane to the decision dates back to 1.1.96 (i.e the date from which the recommendations of the 5^th CPC were implemented).

3) Demarcation of duties and responsibilities for each cadre for probity and accountability:

          Every service requires clear cut demarcation of duties and responsibilities and safeguards in the conduct of one’s official functions.  Only then there could be  probity and accountability.     

In respect of the Officers working in the CBEC, lack of clear cut demarcation of duties and responsibilities pertaining to each and every cadre gives room for misuse of office and officials on one hand and encouragement of inefficiency and unaccountability on the other because no one can be held responsible for anything.

4) Procedures without proper authority of law leading to corruption and misuse of office:

          The culture of unofficially donning uniform akin to the Police force in the Central Excise formations, merely to give an impression of authority, is another instance which remains at the root of corruption and on being encouraged affects the image of the department in public eye on one hand and creates panic of high handedness and derision/distrust in the minds of the trade on the other.  If allowed to continue, such a negative impression in the GST era, can very well impact flow of foreign investments into the country.

5) Restoration of proper functioning of the consultative machinery involving the staff at various levels:

          Favouritism and nepotism are other forms of corruption which can be contained only by a healthy interactive machinery of the State at all levels where the employees will be able to state the collective grievances in an organised manner and also bring to notice cases of wrongdoings at various levels, cutting across hierarchical controls and thus acting as whistle blowers .  The JCM facility which was introduced for the said purpose has also run into procedural tangles, thus not able to deliver the desired results, even at the levels where it works.

          On the occasion of the Vigilance Awareness Week 2017, we hope that the above suggestions would be taken into consideration and necessary instructions issued to the concerned authorities in the interest of combating corruption on the above grounds.

Yours truly,

(R. Manimohan)

Secretary General

Copy for information to:

1)    Shri. K.V. Chowdary, Central Vigilance Commissioner, Satarkta Bhavan, INA, New Delhi – 110023.

2)    Shri. Rajiv, Vigilance Commissioner, Satarkta Bhavan, INA, New Delhi – 110023.

3)    Dr. T.M. Bhasin, Vigilance Commissioner, Satarkta Bhavan, INA, New Delhi – 110023.

(R. Manimohan)

Secretary General

Draft Representation for GP 5400

Dear Friends and Comrades,

Some Comrades have called me and sought a draft letter for enabling them to give representations to the administration for fixation of GP 5400 in a uniform manner.

Accordingly, a draft letter is given below.  The Court orders to be given as annexures are given above in the form of image files (pdf cannot be uploaded in the blog).  They may be used for representing.  The relevant pay fixation statement of individuals may be appended as Annexure C.

DRAFT LETTER:

From

To

The Commissioner of Central Excise & GST,

Sir,

Sub: - Refixation of pay in terms of the Order of the Hon’ble Supreme Court in CA No. 8883/2011 dated 10.10.2017 - reg .

*******

     The Hon’ble Supreme Court of India, vide their order dated 10.10.2017 in Civil Appeal No. 8883 of 2011, after hearing both sides,  dismissed the appeal filed by the Government of India against a judgement by the Hon’ble High Court of Madras dated 06.09.2010 in W.P.No. 13225 of 2010. (Copy of the Order of the Hon’ble Supreme Court and that of the Hon’ble High Court enclosed as Annexure A & B for ease of reference).

2.            The issue in dispute before the Hon’ble Supreme Court, related to an interpretation of CCS (RP) Rules, 2008, with regard to grant of GP of Rs. 5400/- in PB-2 to Group B officers in Department of Revenue, Postal, etc, on completion of a continuous service of 4 years in GP of Rs. 4800/- in PB-2.  The Government had initially issued circular vide CBEC F.No.A.26017/98/2008-Ad.II.A dated 21.11.2008 conveying the clarification of the Department of Expenditure as below:

“4 year period is to be counted w.e.f the date on which an officer is placed in the pay scale of Rs. 7500-12000 (pre-revised). Thus if an officer has completed 4 years on 01.01.2006 or earlier, he will be given the NFU w.e.f. 01.01.2006.  If an officer completes 4 years on a date after 01.01.2006, he will be given NFU from such date on which he completes 4 years in the pay scale of Rs. 7500-12000 (pre-revised)”

3.            However subsequently, the CBEC vide F.No.A.26017/98/2008-Ad.II.A dated 11.02.2009 altering the above stand in consultation with the Department of Expenditure conveyed that:

“NFU to the GP of Rs. 5400 in PB-2 can be given on completion of 4 years in regular service in the GP of Rs. 4800 in PB-2 (pre-revised scale of Rs. 7500-12000) after regular promotion and not on account of financial upgradation due to ACP.”

4.      The above clarification dated 11.02.2009 which was contradictory to the Resolution dated 29.08.2008 of the Government of India while implementing the CCS (RP) Rules, 2008 was challenged before the Judiciary.  The Hon’ble High Court of Madras vide their judgement dated 06.09.2010 in W.P.No. 13225 of 2010 held that a decision as conveyed in the clarification dated 11.02.2009 which was against the clarification dated 21.11.2008 without amending the rules of the revised pay scale, cannot be taken and accordingly ordered that the benefit be extended on completion of continuous service of 4 years in the pay scale of GP. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)] even if it was attained on ACP and not regular promotion.  This decision of the Hon’ble High Court of Madras was challenged by the Union of India by way of an SLP which was converted into a Civil Appeal.

5.      The Hon’ble Supreme Court, by dismissing the appeal filed by the UOI, has upheld the view of the Hon’ble High Court of Madras that the GP of Rs. 5400/- in PB.2 has to be granted as per the CCS (RP) Rules, 2008 and as per the GOI resolution on the subject, on completion of 4 years of continuous service in GP of Rs. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)], irrespective of whether the GP of Rs. 4800 [Rs. 7500-12000 (pre-revised)] was gained by way of promotion or ACP/MACP, the clarification dated  11.02.2009 has become void and hence the clarification dated 21.11.2008 stands restored.

6.       I have joined as _____________on ___________ and got my ACP/MACP to the Grade Pay of Rs. 4800 in PB-2 on ______________vide ______________________________ (copy enclosed as Annexure C).  As per the circular dated 21.11.2008 cited above, I should have been placed on the GP of Rs. 5400/- w.e.f ____________, on completion of continuous service of 4 years in GP Rs. 4800/- in PB-2 [Rs. 7500-12000 (pre-revised)].

7.       Hence, it is requested that my pay may kindly be revised accordingly and consequential benefits be granted to me at the earliest.

Yours faithfully,

Encl:      Annexures A to C

Station:

Date:

(----------------------)

__________________

Representations to be given for GP 5400 in PB-2 as per Subramaniam case

Dear Friends and Comrades,

As requested by many from various parts of the country, we have shared the representation made by us to the Government regarding grant of GP 5400 in PB-2 on completion of 4 years on GP 4800 in PB-2 as per the order of the Apex court and the Hon'ble High Court Order in the Subramaniam case.  Members who are entitled may make a representation by enclosing these documents and making use of arguments placed by us, as it would apply to each of their individual cases.

DR IRS Association plea and that of the JAC

And the JAC's plea

JOINT ACTION COMMITTEE

OF INSPECTOR BASED ASSOCIATIONS OF CBEC

[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

Address for Correspondence:

Abhishek Kamal, Convenor, JAC, Ground Floor, C.R.Building (Annexe), Bir Chand Patel Path, Patna (Bihar) – 800 001 (M: 09852743525)

 

Ref: Memorandum/07/JAC                                               Date: 06.11.2017

 

To

The Chairman,

CBEC, New Delhi.

 

Respected Madam,

Sub: -Full Board meeting demand by the IRS Services Association and our related demands for consideration on the same lines – reg.

                                ***OO***

          We are given to understand that the IRS Service Association representing the Direct Recruit IRS Officers in the CBEC have sought a full Board meeting on very vital issues pertaining to our department, before the next GST Council meeting scheduled for 10.11.2017.

          In this regard, at the outset, we wish to place on record that we sincerely empathize with the DR IRS Officers of our Department.  Not only because their positions have suddenly been threatened by the process of implementation of GST, but because we understand the humiliation and distress all the more since we have been living through that for decades. We, as an Inspector based cadre of the CBEC, have faced humiliation and discrimination vis-à-vis our own counterparts within the CBEC – those on the Customs side, with our counterparts in the Revenue - those in Income Tax, counterparts in the State Governments - those on the State VAT, in respect of promotions, pay, allowances and other paraphernalia. When we had been facing all these humiliations, many of the DR IRS Officers in the field had been philosophizing and pontificating with us –that we should have chosen a different stream, a different department and be contended with our salary and a roof over our heads. They, further perorate that if we are dissatisfied with the service conditions, nothing stopped us from leaving. We recount all those derisive and contemptuous comments, with a heavy heart. 

In spite of all the above conditions, our cadres have been performing like the back bone of the entire department at the cutting-edge level in the field, implementing the laws as per the changes effected from time to time, interpreting them, counseling the trade when in doubt and feeding the DR IRS Officers with drafts, notes and materials for their adjudication and review functions, getting Audit paras, gathering intelligence, booking cases, conducting searches, recording statements, preparing investigation reports, defending the cases at the quasi-judicial as well as judicial levels and recovering tax dues. Execution of all authority of the department flowed through us.

Even the GST implementation on Centre’s behalf, be it through trainings, outreach or handholding of taxpayers, has been largely left to be attended by the Central Excise Inspector borne cadres, while the DR IRS were busy undergoing trainings abroad on GST!!

AND most of the DR IRS Officers had taken all that for granted and like the anthropocentric faith, as a general rule believed and behaved as if the entire department belongs to them and them alone and other staff and officers down in the hierarchy are there only to carry out their instructions and for their benefit.  The Board has also so far by its proceedings, allowed a feeling to develop among various cadres of the department that all policy decisions, whether on promotions, restructuring, demarcation of jurisdiction, positioning of headquarters or other offices, allotment of vehicles and their use, availability of space in office and for residential purposes, are all primarily intended only to facilitate the expectations of the DR IRS Officers and any benefits that may accrue to other cadres are only incidental at best or inevitable at the worst.  There have been many complaints that even the recent weekly letters of the Chairman have mostly concentrated only on the issues pertaining to the DR IRS Officers.

Yet, we sincerely wish that they do not come to the same depths of distress that our cadres have got used to all these years.

          In this context, when the DR IRS Officers deem it fit to demand a Full Board Meeting on their immediate demands, we feel it is our duty to demand a similar Full Board Meeting to take note of our long pending demands on the related lines and also take appropriate decisions for implementation along with those demands set by the IRS Services Association. Briefly the chief points are enlisted below:

1)    The entire Audit and Anti-evasion of GST assessees should be performed by the Officers of CBEC, under the supervision of the GST Council to avoid unnecessary litigation due to different interpretations, differences in classification of goods and services and make investigations easy and also avoid the tax payers from facing multiple authorities in investigations.

 

2)    Laying down well-delineated duties and responsibilities of each cadre and provision of adequate infrastructure to each cadre and post accordingly.

 

3)    Formulate a written transfer policy at all levels, in consultation with the concerned Staff Associations and ensure adherence to them by insisting upon the consultative machinery at all levels.

 

4)    The 1996 decision of the CBEC to integrate the three feeder cadres of CBEC at the level of Inspectors of Central Excise, Preventive Officers and Examiners of Customs should be implemented from the date of its decision. Or else the Board has to be bifurcated from the level of Commissioner at least between Central Excise/GST and Customs and allow the Officers on either side a one-time option to choose their stream. If the integration of cadres is not an option, then bifurcation becomes a necessity as the Customs authorities have no role in the GST administration. As the Board already ring-fenced the Customs functions as the exclusive domain of the Customs officers, in the fitness of things Customs officers should not be allowed into GST administration.

 

5)    All Officers be given a one-time relaxation to enable NFU to the grades shown against each to gain parity with their counterparts within the CBEC, Revenue and State VAT:

On completion of	NFU to Pay Scale of
25 years from entry as Inspector	Assistant Commissioner
30 years from entry as Inspector	Deputy Commissioner
35 years from entry as Inspector	Joint Commissioner

 

6)    The ad hoc promotions to JTS (Assistant Commissioner) be reviewed and regularized from 01/01/1997 in the letter and spirit of the Supreme Court Order, dated 03/8/2011, to bring about “just and fair representation” of all the three feeder cadres.

 

7)    A definite time frame is to be fixed for getting the ACs promoted against Temporary posts to regular posts in symmetric alignment with regularisation of ad hoc promotions from 01/01/1997.

 

8)    Extension to be sought for the 2118 posts of ACs for another 5 years from the date of actual promotion and fill them up only from the stagnating cadres. In light of the functional requirements during the Goods & Services Tax regime these posts should continue for keeping pace with the SGST administration and subsequently can be regularized at a definite residency period to the STS level.  Even the Cabinet note for creation of these temporary posts has given the scope for continuation if functionally justified.

 

9)    Filling up of all vacancies in the cadre of Assistant Commissioners and Superintendents immediately after implementation of the Order of various Courts in respect of Seniority as laid down by the Hon’ble Apex Court in the N.R. Parmar Case.

 

10)  Expedite implementation of Stagnation Committee’s recommendations after due consultations with all the stake holder associations.

 

11)  The IRS (C&E) Recruitment Rules be suitably amended where temporary Assistant Commissioner & Assistant Commissioner DR will be the feeder Cadre for the STS post and Group-B Gazzetted will be the feeder Cadre for the Assistant Commissioner (Temporary). This will not disturb the ratio of Organised Service.

 Yours truly,

[ABHISHEK KAMAL] CONVENOR SECRETARY GENERAL, AICEIA M: 9852743525	[R. MANIMOHAN]   JOINT CONVENOR SECRETARY GENERAL AIACEGEO M: 9443063989	[BA CHAKRAVARTHI] JOINT CONVENOR SECRETARY GENERAL IRS [IDT] OA M:9080190606

 

Copy for information submitted to:

1)    The Hon’ble Prime Minister of India.

2)    The Hon’ble Finance Minister of India.

3)    The Hon’ble Mos (PMO), Government of India.

4)    The Hon’ble Mos ( Revenue), Government of India.

5)    The Hon’ble MoS (Finance), Government of India.

6)    The Revenue Secretary to the Government of India.

7)    All Members in the CBEC, North Block, New Delhi.

                                                                                       

                                               

[ABHISHEK KAMAL] CONVENOR SECRETARY GENERAL, AICEIA M: 9852743525