ACTION TAKEN REPORT SUBMITTED BY THE SECRETARY GENERAL BEFORE THE AIEC OF THE AIACEGEO AT MUMBAI ON 10.12.2017
Dear friends and comrades,
I take this opportunity to welcome you all for this meeting and I place on record my sincere thanks to Com. Shishir Agnihotri and the Mumbai Unit for having made arrangements for this meeting at a very short notice.
The meeting is being held at a crucial hour due to organisational reasons, the effects of implementation of GST in our department and on our cadre and the impending parting of ways with the Customs. Before we delve into these pithy subjects, I place before you, in brief (for almost all actions taken have been reported in our blog or by mail/WhatsApp group messages from time to time) so that our decisions on crucial issues could be taken in the right perspective.
ORGANISATIONAL FRONT:
We all know that the 12thConvention of our Association was notified by the then President Com. R. Chandramouli under a different situation. The primary reason was that the outgoing Secretary General had refused to vacate his office even after being promoted as Assistant Commissioner and issued a notice for Convention on his own, without consultations with the President and against the advice of the President.
The Convention also provided an opportunity for us to strengthen the basics of our Organisation. Accordingly, the Convention amended the provisions of the Constitution whereby voting rights were made as based on ‘paid up membership strength’, instead of ‘strength of the Commissionerates represented’.
The Convention and the circumstances that lead to it itself provided an impetus for numerous units to become active. In many of the units where elections had not been held for long, elections had to be notified and in many of these units the Office Bearers who had been occupying the chairs simply because they had been elected once upon a time and because they could go to the All India meetings and cast votes against the number of Commissionerates their unit was representing, even without any subscription collection in vogue, were displaced and new teams took over. The units in Central India like Nagpur (Vidharba), Malwa (consisting of Indore and Ujjain), Jabalpur, Chhattishgarh (Raipur) and in Units like Kerala and Daman and Surat, fresh elections brought forth new Office bearers. All of them have given their support to this body. We welcome all those units and salute the members of those units for having exhibited organisational spirit in a democratic manner.
The units like Karnataka and Jaipur which had attended the meeting convened at Gandhidham, with an intent to bring about unity and stop an Assistant Commissioner leading the Superintendents Cadre and for which reason fought an election, have also subsequently held active and wide consultations with their members and after a thorough discussion decided not to extend support to an Assistant Commissioner led Superintendent Association and have joined us. We welcome them with warm hearts.
The unit of Delhi consisting of 20 Commissionerates of Delhi and 8 Commissionerates of Panchkula which had not seen an election for the past 7 years has also been compelled to initiate the process of elections and the elections are to be held on 14.12.2017. We reserve our comments on how the elections are being conducted, but at the same time appreciate that such a large unit has also become alive to the reality.
Mumbai had also conducted their elections before our Chennai Convention, after more than 5 years without elections and a new energetic body has taken over. They are also with us and apart from actively participating in the hosting of the COC meeting in September, are also hosting this meeting at a very short notice.
Kolkata has been the special target of the erstwhile forces, to pin down our activities. They created a division within the unit, froze the bank account of the unit and wrote misleading and mischievous letters to the local administration to undermine the legally elected representatives. When the Executive Committee of the unit decided to go in for elections ahead of schedule, to avoid continued disruptions, the inimical forces tried to stall the election process also and gave a call to the members of West Bengal, Sikkim and Andaman and Nicobar Islands to boycott the elections. The members supported the sitting team and returned them to office with a stupendous 2/3rd participation and voting. In the convention that was subsequently held, very rightly our former President Com. Chandramouli was the Chief Guest.
Chandigargh unit which had maintained neutrality during the Convention had subsequently, after consultation with their members, extended their support to this AIB by clearly declaring that they do not want to align with non-Superintendents heading the Superintendents Association.
As on date 22 Units representing members of more than 125 Commissionerates with a sanctioned strength of more than 9000 members are forming part of this Association.
Some other units have also expressed their willingness to join us, but are engaged in consultations with their members. We hope with a clear decision in such units also, the division created by vested interests, in our Association and cadre would be overcome and we will become stronger.
In the meanwhile, we are required to prove our strength by producing the DDO certificates to the Board, which has repeatedly asked for the same. The erstwhile SG who continues to call himself the SG of this Association, has been claiming before the Board that all DDO certificates produced in the name of this Association belong to him. We have already explained to the Board along with the letters of support from our units that his plea cannot be allowed. We have also pointed out that he had not been able to produce these certificates even when he was the SG and when he had been required to do so for extension of the recognition. It has also been pointed out that as per the Constitution of the Association he cannot continue as SG after promotion to the grade of AC and the amendments to the Constitution got passed in his meeting at Gandhidham, as having passed in the earlier Convention at Daman were fabrications and had been opposed by almost all those who were available in Dama, as contrary to facts. However, we have once again been asked by the Board to produce the DDO certificates and declarations from the members to resolve the issue.
Some units are yet to furnish the DDO certificates in proper form for submission to the Board. I leave the matter to the house for further discussion and necessary action.
RELATIONSHIP WITH OTHER SISTER ORGANISATIONS:
After taking over at the 12thConvention at Chennai, one of the first things that required urgent attention was having a proper brotherly relationship with other sister associations within the CBEC, the Revenue and other CG employee organisations. Towards that we have undertaken efforts to build up our relations with them.
Joint Action Council of Inspector Based Associations:
We realised that the main problem faced by our cadre was that of stagnation and that this was a common problem for all the three Inspector Based Associations in the CBEC. Due to differences between these three organisations, the focus would be lost on the vital issue where a person getting recruited as Inspector retires only with one effective promotion and if he is extremely lucky gets another functional promotion, presently tagged as temporary. To fight this disgrace, we have formed the JAC of Inspector Base Associations, along with the AICEIA and IRS (IDT) Officers Association. We have made joint representations on the plight of our cadres and have also been well received by the authorities.
COC of Associations in the CBEC:
On 18.8.17, we formed a Co-ordination Committee of Associations in the CBIC. Almost all the Staff Associations in the CBIC have joined the COC, with only the exception of Appraisers and Preventive Officers Federations. The spontaneous development which saw the formation of the COC was clearly indicative of the displeasure of all these organisations over the hijacking of our organisations by the previous Secretary General at the behest of the DR IRS Association. The Association representatives also have been resentful about the domineering manners. The COC at its meeting held at Mumbai on 16.09.2017 had decided to observe ‘DEMANDS DAY’ with a common charter of demands, on 04.10.2017. However, since the date was falling immediately after the Pooja celebrations, it was decided to be deferred. This body may consider a feasible period which can be discussed with the other constituents of the COC. But all units are requested to have the COC forums at their regional levels so that the programme of action becomes a success and shows the despondency of the cadres to the concerned.
Engagement with the CCGGOO:
The Co-ordination Committee of Gazetted Government Officers’ Organisations has been conducting various programmes for the benefit of the Gazetted Officers. Our former President and Core Committee Member Com. R. Chandramouli has been actively participating in their meetings and programmes all over India. We have taken the support of CCGGOO for our demands also, when it can be extended to other Gazetted Officers. However, till date we have not taken any clear cut decision at our All India level regarding actively engaging with the said organisation. The main participants in that organisation are from the Income Tax, CPWD, AG’s Office. With a sizeable number of Gazetted Officers in our department, associating with the said organisation is likely to be mutually beneficial. I hope that we will be able to take some concrete decision in the matter during this meeting.
MEETINGS HELD WITH THE OFFICIALS OF THE BOARD AND ISSUES RAISED:
Immediately after the Convention, we sought appointment with the Chairman and Member (Admn). We met them and raised the issues pertaining to the cadre. Subsequently, we have met with the Member (Admn) on other issues also. The main issues raised are as follows:
Re-Organisation of Customs:
We stated that, with the attempts of the Board to ring fence Customs, to avoid the officials of SGST from staking claim to Customs work on par with CGST Officials, we foresee a parting of ways between the erstwhile Central Excise and Customs wings within the Board. We also expressed our view that due to the Board losing its policy making powers in respect of GST, the Board would exist only for Customs policy making and in respect of GST we would be a mere department under the GST Council. It was therefore impressed upon the Board that since the Officers of Central Excise have been performing Customs work hitherto, they should be allowed to exercise a one-time option to get absorbed in GST or in Customs as is required at the time of bifurcation of any department. The Board has not responded. However while the matter was discussed with the ADG, DGHRM, it was stated that we could instead go in for a merger of the feeder cadres but with a prospective date. We have stated to them that since the 1996 decision of the Board to integrate the feeder cadres of Inspectors of Central Excise, Examiners of Customs and Preventive Officers has not been implemented, prospectively doing it will not help the stagnating cadres in Central Excise.
As things stand, the parting of ways with Customs is scheduled to take place on 1.1.2018. By that time, it is possible that a cadre review or re-structuring of Customs could be approved and until the posts are filled up by promotion from the Customs side, the officers hitherto working from the Central Excise side may be deployed in those formations on a loan basis or temporary basis.
If the posts are to be filled up on the basis of loan basis, it is clear that the promotion for those posts will not be available for Central Excise. The demand that the Customs should be maintained as an extension of Central Excise/GST as it existed hitherto in order to enable the Officers of Central Excise to operate them also is not going to be feasible in the given circumstances. Further, such an arrangement, other than gaining a negative image as if we are keen on manning such posts, has only served to create a massive disparity in respect of promotions between the Central Excise and Customs all along.
In this regard, we have had consultations with Advocates and they had opined that we should approach the judicial forums if the Board does not specify the staffing pattern in the new dispensation and if the staffing pattern goes against our interests. Accordingly, considering the short time available before the Courts could close for vacations, we have filed a petition before the Hon’ble CAT, Chennai on the strength of an authorisation given by the Coimbatore Unit, with a plea that since bifurcation of the Board as GST and Customs appeared inevitable, one time options will have to be obtained from the Officers in the Central Excise because Central Excise Officers have been manning the Customs formations in a majority of areas in the country and they will have to be granted interse seniority vis-a-vis their counterparts in Customs and hence before re-organisation, the seniority of Central Excise and Customs officers will have to be integrated as per the decision of the CBEC taken on 16.1.1996.
Our Advocate has informed us that the petition came up for hearing before the Hon’ble CAT, Chennai on 7.12.17 and it has been admitted and disposed off with directions to the Government to hear the plea of the petitioners and pass orders before going ahead with re-organisation of Customs and until then to maintain statusquo. The order is awaited.
In this regard I would like to place on record my sincere thanks to Com. Chandramouli for having taken great pains to visit the Sr. Advocate on the above matter for continuously one week at a stretch, supplying various papers and preparing the draft of the petition. I also thank Com. Arun Zahariah and Com. Pyne in refining the petition when the draft was circulated.
This body is to deliberate on this issue and decide upon the further course of action, before the judiciary as well as organisationally.
On stagnation:
By way if memorandum under the banner of JAC of Inspector Based Associations, as well as in response to the recommendations of the Stagnation Committee recommendations, we have brought out before the authorities, the painful stagnation in our cadre. The gist of the submissions is as below:
In comparison with any other cadre of the CBEC or in CBDT, those recruited as Inspectors in Central Excise are the most affected due to stagnation. They get only one promotion or utmost two, in their entire service. On the other hand all other cadres get promotions between 4 and 7 from recruitment to retirement.
| Recruited as | Promoted up to | Number of promotions in the career of around 35 years |
|
|
| Minimum | Maximum |
| Group-D officers | Superintendent | 5 | 6 |
| DEO | Superintendent/AC | 4 | 5 |
| LDC | Superintendent/CAO | 5 | 6 |
| UDC | Superintendent/AO | 4 | 4 |
| Inspector of CEx | Superintendent/AC | 1 | 2 |
| DR IRS | Principal CC/Member/Chairman | 7 | 9 |
There is no major benefit by way of MACP to this cadre because, invariably even in the promotion or MACP what is available is only an incremental benefit due to the closeness of Pay scales or pay bands of the adjacent cadres, in the hierarchy.
The MACP Scheme ensured that what was reached in 24 years in the ACP could alone be reached after 30 years also. This was a unique situation for the cadre of Inspectors of Central Excise because, in no other department, stagnation of this intensity exists at this level where the scales are closely placed for the promotional posts and the promotional post also had a twin scale, within.
The following is the comparable position in respect of those officers who had been recruited through a combined common SSC Exam:
| Name of the cadre | Present position |
| Inspector of Income Tax | Who joined in 1989 have become Addl Commisioners |
| Examiners of Customs | Who joined in 1989 have become Jt Commissioners |
| Preventive Officers | Who joined in 1992 have become ACs |
| Inspectors of Central Excise | Who joined in 1985 are only Superintendents |
In 2014, 2118 posts of ACs were created on a temporary basis to mitigate stagnation. Those promoted to the temporary posts would be absorbed against the permanent posts only based on the vacancies arising in the permanent posts. However, as on date more than 1300 posts of Assistant Commissioners are lying vacant and many numbers of Superintendents are retiring with only one promotion in their entire career of more than 35 years. Hence there is an urgent need to intervene in the issue immediately. The immediate problem faced in conducting DPCs has been stated as the litigation regarding the implementation of the judgement of the Apex Court in the N.R.Parmar case. The Madras High Court has also dismissed the review petition filed by the Government on grounds of latches and delay. Hence there is no reason to delay promotions to the vacancies in the Assistant Commissioner posts.
The Stagnation Committee has suggested extension of tenure of the 2118 AC posts created temporarily. While the temporary posts were created to mitigate Stagnation and since it is not on the regular strength, it should be available only for stagnating categories. Furthermore, these 2118 posts are not part of Group A RRs 2016 and hence the ratio need not be applied in respect of these Group-A posts.
It is apparent that the Committee constituted to study stagnation in the Group B cadres has realized that the issue is very real and will not disappear in an instant. It is seen that they have recommended the grant of NFU for Inspectors and Superintendents for delay in promotion to be computed in relation to the comparable services in Central Secretariat Services. An extension of the CSS method was considered neither ideal nor an adequate solution for the years of stagnation that the Officers who joined as Inspectors in Central Excise have faced. Hence, it was proposed that instead of adopting the recommendation of the Committee for grant of NFU computed in relation to comparable services in the Central Secretariat, it was proposed that the yardstick to be used should be the comparable grades to which Inspectors of Income Tax recruited in the same year have progressed on account of the scientific manner in which cadre restructuring was carried out in that Department. Adoption of such a standard would ensure that the Inspectors of Central Excise recruited through a common exam along with their counterparts in Income Tax, which is within the same Ministry of the Union Government, are adequately compensated for the years of stagnation that they have suffered and which has been compounded by the ignominy of working under Officers many years junior within the same CBEC, who have been promoted to Group A posts on account of the skewered ratio followed.
With this prospect in mind, we have requested to seek a onetime relaxation from the DOPT for grant of commensurate pay scales to Officers completing service as below:
| 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 |
In conclusion, the following demands were raised:
1) Implementation of the proposal for One Time Relaxation discussed above.
2) Immediate casting of All India Seniority List for Inspectors from the date of introduction of All India merit list in the cadre in terms of Supreme Court order in RadheShyam case.
3) Recast seniority lists of all DR cadres (viz. UDCs/ EAs and Inspectors)on the lines of N.R. Parmar judgement with a uniform date of implementation.
4) Consequentially, recast and issue an updated All India Seniority of Inspectors and Superintendents.
5) Conducting DPC for the posts of Assistant Commissioners within 2 months by which time the Cadre Controlling Authorities are required to revise the Seniority Lists of Inspectors and Superintendents as per the above said instructions.
6) In the event of delay in finalising revision of Seniority lists by the Cadre Controlling Authorities, conduct DPCs as suggested by the Eranakulam CAT in para 20 of its order in O.A No. 180/403/2015 dated 15.12.2015.
7) The ad hoc promotions to JTS (Assistant Commissioner) be reviewed and regularised from 01/01/1997 in the letter and spirit of the Supreme Court Order dated 03/8/2011.
8) A time frame may be fixed for getting the ACs promoted under Temporary slots to Organised cadre in symmetric alignment with regularisation of ad hoc promotions from 01/01/1997.
9) Extension may 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.
N.R.Paramar issue:
We have repeatedly taken up before the Member (Admn), the requirement to implement the N.R.Paramar judgment as done in the CBDT and conduct DPC for the post of ACs quickly. Information is that more than 1300 posts of ACs are lying vacant as on date. However, though the Member assured each time that they were going to issue instructions on the lines of CBDT or even better than that, it is yet to be issued. The CBEC went to Madras High Court on a review. The same was also turned down by the Hon’ble High Court. Still the Board has failed to give any clear cut instructions to the Zonal Cadre Control authorities on the issue. The interpretation for such a serious matter given differently in different zones and seniority fixed by different yardsticks creates unrest in the minds of the cadre and increases zonal/intra-departmental disparities.
Notional fixation of pay for Inspectors and Superintendents from 1.1.96.
It has been pointed out to the Board that the revision of scales of Inspectors of Central Excise, Income Tax, etc, was done on the basis of the findings of the 5thCPC as mandated by the Hon’ble CAT, Jabalpur in its order dated 24.2.1995. The 5th CPC had placed the Inspectors of Central Excise, Income Tax etc on par with the Inspectors of CBI and IB, though all the above category of Officers were held not to be comparable with the Inspectors of Police in Delhi, etc.
Though the 5th CPC took effect on 1.1.1996, the above revision of scales on the basis of the 5th CPC recommendations were granted only with a prospective effect from 21.04.2004.
As a result, the seniors in the cadre of Inspectors and presently Superintendents who had joined before 2004 did not get the actual benefit of this pay revision.
In the case of similar revision of pay scales on the basis of 5th Pay Commission recommendation itself, 12 category of Officers in other departments had been granted notional fixation of pay from 1.1.1996.
During the proceedings before the CAT, Jabalpur in the above said case, the CBEC had stated in writing that the duties and responsibilities of the Inspectors of Central Excise were more arduous and hazardous than the duties and responsibilities of the Inspectors of CBI, etc. Further, there was no change in the duties and responsibilities of the Inspectors and Superintendents of Central Excise and equivalent cadres, on 21.04.2004, requiring a revision of pay scale only from that date.
Hence it has been demanded that in the interest of the officers of this department, in whose favour findings had been given by the 5th CPC, at least notional fixation of the revised pay from 1.1.1996, should be sought, with arrears at least from 21.04.2004.
Nature of duties and responsibilities in GST regime:
We have demanded of the Board to issue clear instructions on the duties and responsibilities in the GST era at least. Such specification along with the percentage verification will be required to safeguard our members in the field work.
Further, we met with the MOS Shri. Pon Radhakrishnan and submitted a memorandum that it would serve the interests of the Country and the Union Government if Audit and Anti-evasion of all GST assesses are to be kept with the present CBIC under the supervision and control of the GST Council so that any clash of interests due to concurrent jurisdiction for these activities could be avoided and the trade also will not be put to undue pressures and verifications from multiple agencies for the same tax.
Upgradation of staff in CGST on par with their counterparts in SGST:
It was pointed out to the CBEC that in very many states, the Officers of the state Governments who were in the Commercial Tax departments of the respective State Governments have been upgraded to the next higher grade in the hierarchy at the time of roll out of GST. This has created inequality between the Officers of the State and Centre who are both implementing the same GST. Hence, it has been demanded that all Officers and staff of CGST have to be upgraded to the highest positions as that of their comparable counterparts in the SGST.
In this regard the issue of disparity between our cadres vis-a-vis that of the State GST was highlighted by the incident at Kerala where one of our members gave a written letter to his Chief Commissioner stating that he did not want to participate in a high profile function jointly organised by the State and Centre, with the State Finance Minister as the Chief Guest, on grounds that he did not want to stand down the discrimination and the ignominy due to acute stagnation imposed on our cadres due to negligence of the authorities. We brought this incident to the notice of the Board and Ministry. We are to proud to have that daring individual Officer, Com. Antonio Nettikadan who was later elected as the President of the Kerala Unit, amidst us.
Instructions on Uniform for officers of CGST:
It has been pointed out that at present, Officers of Central Excise have been wearing uniform up to the level of Assistant Commissioners akin to that of a Police man though no instructions on the prescribed pattern or rules for wearing the same are in vogue.
Further, since the nature of duties undertaken on the Central Excise or CGST side have no requirement of Uniform and SGST Officers also do not don any uniforms the Board has been called upon to formally abolish Uniform in CGST areas so that department does not continue to get blamed for running an ‘Inspector Raj’, even in the GST era, with its officers donning a Police Man like attire.
It has been emphasised that if still it was decided to have Uniform for the officers in CGST, with due justifications for the expenditure to be met, the pattern should be prescribed clearly with the following points kept in mind:
(i) The Officers prescribed with Uniform are permitted to travel for Official work in Departmental or department hired vehicles, on par with their counter parts in other Uniformed services
(ii) Separate changing rooms are made available for Males and Females in all floors of all the offices and
Regulation of postings to Directorates, Audit Commissionerate etc-
There have been complaints from various quarters that postings to the Directorates and Audit, post GST has gone haywire. Hence it has been brought to the attention of the Board that it had been the consistent practice in the CBEC that for Audit and Directorates, hands with experience and willingness were selected. This ensured the quality of Audit as well as efficiency in respect of anti-evasion activities due to senior hands with vast experience being engaged for the said activities. If it was not followed, the efficiency and efficacy of these organisations could suffer. Hence, Board has been requested to issue instructions to follow the criterion of seniority-cum-willingness for the postings to Directorates and Audit Commissionerates.
Infrastructure:
Though the Board has been issuing repeated instructions to the field formations regarding the necessity to improve the infrastructure position of the offices in the formations, in practice, the Officers of the field formations appear to be satisfied if their rooms with necessary facilities, personal staff and vehicles are available. The following points were brought to the notice of the Board vide our points for the meeting with the Member (Admn) on 18.8.17:
Ø The minimum required office space is not available for the staff and officers.
Ø Most of the Gazetted Officers on the Executive side do not have separate cabins, though it is an entitlement and requirement for the execution of the duties and responsibilities. When compared to their counterparts in other Central Government departments and even the SGST Officials, these officers are placed in pathetic condition. The situation has worsened since 2002.
Ø The field level Executive Officers do not have any facilities under the 1% incentive, even though they are required to make expenses for making phone calls, internet connections, etc for office requirement.
It was suggested that the following measures could be ordered to be undertaken to improve the situation:
1) Commissioners may be given a time frame to submit proposals for acquiring new buildings for purchase or on hire as per the space required as per austerity standards, for the sanctioned strength of each formation.
2) Until such time, all Officers should be encouraged to occupy only such space as is entitled to them on a pro-rata basis out of the actually available space for all staff members.
3) The Executive Officers in the field may be made entitled for the 1% incentive scheme. One cell phone each with a SIM card, monthly reimbursement for call charges and internet charges may be made available for them also. Lap tops may also be provided for all Officers involved in field work like Audit and Anti-evasion.
Issue of Phones to officers in the field:
It was brought to the notice of the Board that in certain Zones, SIM cards were being bought and supplied to the field officers for GST work, but since the Officers had not been supplied with any handsets to operate such SIM cards the entire exercise would be futile. Hence it was requested that handsets also are supplied or the officers be permitted to purchase them against specific amount allotted for the said purpose.
Bio metric attendance:
We took up in the agenda points for the meeting dated 18.8.17 with the Member (Admn), the futility and counter productivity of the Bio Metric Attendance System for an investigating agency like ours. However, we did not find much enthusiasm on the part of the Board to take up the issue. Hence we addressed a letter to the MOS (PMO) since DOPT is coming under his charge to review the Aadhar based Bio Metric Attendance System on grounds that the issue of Aadhar is linked with right to privacy, the Aadhar having been linked to our bank accounts becomes a vital document which has to be protected and in investigation agencies like ours, it will also endanger the officers investigating high profile assesses, that there is no proper infrastructure enabling proper use of biometric system and hence requested:
(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.
Regular JCM Regional Council Meetings:
Though instructions have been issued by the Chairman, CBIC to the Zonal Officers to hold meetings with the Associations, they have not been conducted in many zones and Commissionerates. As a result, many local issues could not be sorted out through discussions. This also gives rise to the number of memorandums/representations/letters addressed by the local Association Office Bearers to the Board. The details of the zones/Commissionerates where JCMs have been revived may be given so that these details could be sent to the Board.
Celebration of GST day:
It was brought to the notice of the Board that 1st July was to be celebrated as GST day and in the instructions it had been stated that the trade and industry have to be involved in the said celebrations. It was emphasised to the CBEC that the demand for celebrating Excise Day had been acceded in the Departmental Council of Revenue, in 1994, only as per a specific demand from the staff side, to celebrate the achievements of the staff in the department. Hence CBEC was urged to issue instructions to identify achievements by the staff and give them proper recognition in the GST day celebrations and to issue guidelines to identify such achievements, in all fields of activities in the department, to boost the sagging morale of the cadres.
5400 case:
The Subranmaniam case which was fought by the individual officer initially was later supported by the AICEIA. However, by the time the issue reached the Apex Court by way of SLP filed by the department, almost all the Office Bearers of the AICEIA who had been active in pursuing the case like Coms. Koushik Roy, Arun Zahariah and Ajit Kumar K.G had got promoted to the grade of Superintendents and left AICEIA. When a demand came up before this Association in the Koklatta EC meeting that we should take up the responsibility of pursuing the case, the then SG was not interested. Therefore the Superintendents who were likely to be beneficiaries in the case and units of the AIACEGEO started contributing to the account of the AICEIA and some of us, through the AICEIA, pursued the case. Early hearing petition and impleading petition was filed on behalf of the AICEIA. When the matter was posted for hearing on 10.10.2017, we engaged a Senior Counsel, for which AICEIA promptly within a notice of only one day, made payment. After hearing both sides, the Hon’ble Supreme Court dismissed the SLP, which had been converted into a Civil Appeal by then.
We have apprised the Board of the developments and the special interest our cadre has got in the issue. We have also pursued the matter with the Expenditure department. The Secretary General of CCGGOO and the Secretary General of ITGOA have also approached the Expenditure to pursue this issue on our behalf as well as on behalf of the officers of IT and Postal Departments.
In the meanwhile, to be on the safe side, to avoid members from taking different stands on the issue, we have circulated a draft letter (through our blog) to be submitted by each of the officers who would be beneficiaries in the issue.
LOCAL ISSUES:
Issues taken up as received from the local units are as below. For better understanding of the issues and appreciation by the house, the representatives of respective units may explain the present position of the issues and any further action to be taken in that regard.
Memorandum on re-organisation of Commissionerates for GST:
The inequalities in respect of posts allocated to Pune, Nagpur, Kolkatta and Chennai and the abolition of Commissionerate in Tirunelveli were taken up with the Board and DGHRM. Some changes were made in respect of Nagpur. But issues in respect of other Zones are still pending.
VADODARA:
It was brought to our notice that certain allegations had arisen regarding the orders (25/2017 and 44/2017) issued by the Chief Commissioner, Vadodara, posting Superintendents to sensitive formations like SEZ. In this regard the Surat Unit submitted a letter to the Chairman and that the Chief Commissioner of Vadodara Zone issued postings to Officers within the Commissionerates itself, without stopping at allotting them to the Commissionerates, without norms. The matter was agitated before the Board.
CHANDIGARH:
(i) Uri
It was reported by our Chandigarh Unit that at the Trade Facilitation Centre (TFC) Salamabad, Uri , J&K, on 21.07.2017 the State Police who had been called in to give protection to our officers, during a seizure of Heroin smuggled into India from Pakistan in a truck with Pakisthan Registration Number, had instead of assisting our Officers taken away the truck and claimed that they had booked the case based on their own intelligence. The truck was reported to have been cleared by the State Police earlier and the drugs had been detected only by our officers. It was also reported that the quantity of the drugs seized was declared only by Police and our officers were not allowed even to verify the veracity of the same. We sought the immediate intervention of theBoard and had a separate meeting with the Member(Admn) on this issue. He assured to intervene immediately.
(ii) Ludhiana transfers:
Chandigarh Unit pointed out certain anomalies in transfers pertaining to GST Commissionerate Ludhiana as well as certain postings to Customs areas. They highlighted the plight of Officers who had been posted out of station/city on completion of a lesser tenure while those with longer duration of tenure had been retained. Though consequent upon the Office Bearers of Chandigarh Unit taking up the matter with the Chief Commissioner of the Zone, instructions had been issued by the Chief Commissioner to the Commissioner of Ludhiana to set right the issues, it had not been done. This issue was also discussed with the Member (Admn) who assured to intervene.
KERALA:
In respect of Kerala, a change in jurisdiction/demarcation in the Customs formations was notified vide Notification No. 82/2017 Customs (NT) dated 24.08.2017. Though the formations of Customs (Preventive) had been retained in all other parts of India, in Kerala alone the said formation was sought to be abolished and the entire State to be brought under the control of Customs Commissionerates alone. Accordingly Kerala Unit had sought a revision of the Notification to restore/protect the interests of the cadres in the state. The urgent intervention of the Board was sought in this regard. Though the notification implementation was postponed, it is now slated to be implemented w.e.f 1.1.18.
TAMIL NADU:
The Coimbatore Zone with Commissionerates in Coimbatore, Salem, Madurai, Trichy and Tirunelveli was to be would up by 30.06.2017 and made part of the Chennai Zone. The Chief Commissioner of Coimbatore Zone had issued transfer orders wherein around 30% of the Superintendents of the entire Zone were disturbed. Further, the Tirunelveli Commissionerate itself having a vast jurisdiction and several stations within which the officers were being regularly transferred within the Commissionerate also was slated to be abolished and made a Sub-Commissionerate under Madurai. Hence, when the officers in Tirunelveli did not require to be shifted out of the Commissionerates, or at best could be posted to Madurai, they were posted to far off places like Salem and against those places officers from far off Commissionerates like Salem and Coimbatore had been posted to Tirunelveli. The Board was requested to intervene and reduce the transfer liability by restricting the transfers to the contiguous Commissionerates, wherever absolutely necessary.
R. Manimohan
Secretary General
