OM on the lines of Somvir Rana expected.Reminder issued in Subramaniam case

The above response is in reply to the letter dated 31.08.2018 addressed to the RS & FS given below:

Ref. No: FS/RS/06/2018                                          Date: 31.08.2018

To

Dr. Hasmukh Adhia,

Secretary for Finance and Revenue,

Government of India,

North Block, New Delhi.

                                                   

Respected Sir,

Sub: Implementation of Judgement of Hon’ble Supreme Court in the case of M. Subramaniam – in rem – reg.

Ref:  (1) Our letter to CBIC vide CBEC/29/2017 dt. 11.10.17  (2) Our letter to FS vide RS/ES/04/2017 dt. 30.10.17          (3) F.No.15/06/2017-IFU-III dated 06.12.2017               (4) Our letter to CBIC vide 15/2018/CBIC dt. 21.05.2018    (5) Our letter to CBIC vide 40/CBEC/2018 dt. 25.08.18

Kindly find enclosed a copy of the Order of the Hon’ble Supreme Court dated 23^rd August, 2018 in the Review Petition (Civil) No. 2512 of 2018 in Civil Appeal No. 8883 of 2011 in the case of M. Subramaniam and the above referred correspondence on the said subject.

2.     The back ground of the above case in brief is as below:

2.1.  The Government of India, vide their Resolution dated 29.08.2008 had decided to grant Grade Pay of 5400 in PB-2 on completion of 4 years of continuous service in the Grade Pay of 4800 PB-2 for Group B Officers in certain departments like the Central Excise and Income Tax departments.

2.2.    The Inspectors of Central Excise  are Group B Officers.  They are on the Grade Pay of 4600 PB-2.  Either on promotion to the grade of Superintendents or on getting their ACP/MACP they reach the Grade pay of 4800 PB-2.  The CBEC vide F. No. A.26017/98/2008-AdIIA dated 11.02.2009 issued a clarification stating that the benefit of 5400 in PB-2 could be granted ONLY to those who reach the Grade Pay of 4800 PB-2 by promotion and not if it is by way of ACP.  This was challenged before the Hon’ble Tribunal of Chennai and subsequently taken in appeal before the Hon’ble High Court of Madras.  The Hon’ble High Court of Madras in their judgement dated 6.9.2010 in W.P. No. 13225/2010 held that 5400 PB-2 is to be granted on completion of 4 years in 4800 PB-2 even if reached by ACP.  This was upheld by the Hon’ble Supreme Court in their order dated 10.10.2017 in Civil Appeal No. 8883 of 2011.  Not beign satisfied by this order the matter was taken up by the Government in Review, which has been dismissed by the Hon’ble Apex Court in the Review Petition (Civil) No. 2512 of 2018, copy of which is enclosed.

3.      It is indeed a matter of shock and surprise that the above issue which had been consistantly settled in favour of the employees by the Hon’ble Apex Court in several SLPs had been taken up for Review itself.

4.        In the meanwhile, separate O.As have been filed in different parts of the Country, on the same issue and atleast 5 High Courts and more than 9 Tribunals have passed similar orders.  More such litigations and representations are in the pipeline through out the Country.

5.    In this context, attention is also drawn to the Diary No. 23663/2017 dated 1.9.2017 in SLP IA No. 77457/2017 in the matter of Government of India Vs. Somvir Rana & Ors wherein the Hon’ble Apex Court have observed interalia as below:

“Once the question, in principle, has been settled, it is only appropriate on the part of the Government of India to issue a Circular so that it will save the time of the Court and the Administrative Department apart from avoiding unnecessary and avodiable expenditure”.

6.        It is also pertinent to mention that unless the Government leads by example in letting the benefit of a judicial verdict to flow to all those who are similarly placed and on the question of maintainability of an instruction or circular, the same officials, cannot be expected to adhere to the same law of ‘DHARMA’ while discharging their official duties themselves.  Further, the disgruntlement, demotivation and disillusionment caused would cause irrepairable damage to the very fabric of tax administration.

7.     Further, the cadre of Inspectors of Central Excise is one of the worst affected due to stagnation and even this benefit of fixation in 5400 in PB-2 has only an incremental benefit.  Hence we request that instructions may kindly be issued to the concerned authorities to immediately issue OM rescinding the F. No. A.26017/98/2008-AdIIA dated 11.02.2009 and making the decision of the Hon’ble Apex Court in the case of M. Subramaniam applicable to all similarly placed employees – in rem.

Thanking you,

Yours truly,

Encl: As above

(R. Manimohan)

Secretary General

Copy submitted for information to:

        The Chairman, CBIC, North Block, New Delhi.

Subsequently we have addressed the Board again on 25.09.2018:

Ref. No:  CBIC/42/2018                                                                     Date: 25.09.2018

To

Shri. S. Ramesh,

Chairman,

CBIC, North Block,  New Delhi.

Sir,

           Sub: Implementation of Judgement of Hon’ble Supreme Court in the case of M. Subramaniam – in rem – reg.

*****

Kind reference is invited to the correspondence on the above subject resting in F.No.15/06/2017-IFU-III. Reference is also invited to the letter of this Association in Ref. No. FS/RS/06/2018 dated 31.08.2018, addressed to the Finance Secretary and copy marked to your good self. A copy of the same is enclosed for ready reference.

In the meanwhile, it is learnt that the above order of the Hon’ble Supreme Court is being implemented in certain zones where the individuals had to go to Tribunals or Courts again to get orders based on the Order of the Hon’ble Supreme Court in this matter.

As an administration, to force individuals to go to Tribunals and Courts for getting settled principles implemented, again and again, is an unwelcome thing, that demoralises the staff and encourages corrupt practices. This is also in violation of the Hon’ble Supreme Court’s observation in the matter of Somvir Rana & Ors cited in para 5 of our letter enclosed.

Hence it is requested that the matter may kindly be taken up urgently with the Ministry and the order of the Hon’ble Supreme Court to grant GP 5400 in PB-2 on completion of regular service of 4 years in GP 4800 PB-2, in rem, to all concerned in this department.     

Thanking you,

Yours truly,

Encl: As above

(R. Manimohan)

Secretary General  

Copy for information and necessary action to:

The Member (Admin), CBIC, New Delhi.

Martyrs Day Today - Please pray at least for 2 minutes

September 19, 2018 marks the 50^th anniversary of the Great Indian Central Government Employees Strike in 1968 on this date.

It has been named as the ‘Martyrs Day’ for Central Government Employees of the country because of the victimization unleashed by the then Government on its own employees.

Though a previous strike in 1960 had also been suppressed by the then Government by terming it as a ‘Civil Rebellion’, it later led to the formation of the JCM Machinery in 1966.

But on the core issues of Need Based Minimum Wage, DA formula, etc, the JCM did not yield results.  Hence a Strike notice came to be issued again on the same vital demands and also some other related demands like ‘Withdrawl of proposal to retire employees with 50 years of age or on completion of 25 years of service’,  ‘Vacate victimisation and reinstate victimised workers’, ‘ Abolition of Contract and Casual Labour System’, etc, most of them still relevant to date.

The brutality of the suppression that the 1968 strike invoked is explained by Com. M. Krishnan, Secretary General of the Confederation in September 2017 in http://nfpe.blogspot.in/ as below:

“Strike notice was served and the Joint Action Council (JAC) decided to commence the strike at 0600 AM on 19th September 1968. Intensive campaign was conducted throughout the country. AIRF, AIDEF and Confederation was the major organisations in the JAC. Govt. invoked Essential Services Maintenance Ordinance (ESMO) to deal with the strike. Govt. also issued detailed instructions to impose heavy penalty including suspension, dismissal, termination, Break-in-service etc. on the striking employees. Para-military force (CRPF) and Police were deployed to deal with the strike. Central Govt. gave orders to all state Governments to suppress the strike at any cost. It was a war-like situation. Arrest of Leaders started on 18th September itself. About 3000 employees and leaders were arrested from Delhi alone. All over India about 12000 Central Government employees and leaders were arrested and jailed.

Inspite of all these brutal repressive measures the strike commenced on 18th after noon itself at many places and was a thundering success all over India and in all departments including Railway, Defence, P&T etc. About 64000 employees were served with termination notices, thousands removed from service and about 40000 employees suspended. Seventeen (17) striking employees had been brutally killed at Pathankot, Bikaner, Delhi Indraprastha Bhavan and at Upper Assam in lathi charge, firing by police and military and by running the train over the bodies of employees who picketed the trains.”

All the small benefits we all enjoy today and take for granted, are all the outcome of such struggles and sufferings of the Employees and leaders of movements in other departments.

We, as a department and section of the Central Government Employees,  have remained aloof.  Even quoting the above would make us ‘Communists’, in the eyes of the administrators and their chamchas who are also benefited by the above said sacrifices and who want others to fight and die in the cause ‘in collective interests’. And these detractors are the first ones to start calculating their arrears, getting their bills as per revised rates, etc, wearing their utter shamelessness as badges of pride and honour.

The institution of JCM has become a mockery. Negotiations are held only for the sake of records.  The eternal principle is to ‘divide and rule - if you cannot buy the leaders whole sale’.  The CCS (RSA) Rules itself requiring the first Association claiming recognition to have minimum 35% membership support, but any subsequent Associations to be granted recognition requiring ONLY 15%, is indication enough of the mindset of the Administrators of Independent India. Such Westminster style techniques alloyed with Yankee administration style of having personalized staff and set-ups is fast yearning to put the clock back to feudal ways, reviving castism and classism to rule and subjugate.

Even now, though the 7^th CPC speaks about adoption of the Need Based Minimum Wage and Dr. Akroyd formula, in actual terms it has not been realized and the struggle is still is on. 

We may not be able to do much in the given circumstances and the dark cloud that has been enveloping our department.

But, let us take at least 2 minutes, wherever we are, to silently pray for those who lost their lives in that great struggle, think about their families, think about the victimizations and sufferings and thank those gallant leaders who stood steadfast in spite of suppression and victimizations.

Let us deeply thank them all and seek courage to emulate at least a percentage of that spirit, in safeguarding our own dignity and self respect.

Long life Association.

R. Manimohan,

Secretary General, AIACEGEO

What the AIF is to be formed for...certain details

Dear friends and comrades,

Very favourable feed back has been received from various parts of the country regarding the move to form an ALL INDIA FEDERATION consisting of the AIACEGEO, AICEIA AND IRS (IDT) OA. 

Certain doubts have also been raised by certain members regarding the organizational structure, its purpose, whom it represents etc.

These three Associations have been functioning as a JAC of Inspector base Associations for more than a year now. Formation of the AIF is only a corollary to that.

The term Inspector base has created some doubts among members who have not perhaps followed the JAC proceedings.  Hence, it is to be clarified to those members that 'Inspector base' does not mean 'Inspector Recruits only'. It includes all from the point of reaching the Inspector cadre, irrespective of whether by Direct Recruitment or by Promotion. It means that all those from the point of Inspectors  up to the Promotee IRS in Central Excise, are to be brought under the banner of one AIF.

All members of these three Associations will automatically be members of the to-be-formed-AIF. 

The bottleneck at the level of Group A is the main stumbling block in promotions of Superintendents to Group A and consequently for Inspectors to Superintendents. The other great problem is regarding the inequality in promotional avenues between the Central Excise and Customs Officers in the CBIC itself. The Board itself had committed in 1996 to integrate the three base cadres of Inspectors, Examiners and Preventive Officers, to do away with these inequalitites.  That was not done.  The Stagnation Committee which was constituted at the behest of the Hon'ble Finance Minister as per the request of the IRS (IDT) OA also reiterated that the main solution for the inequalities between the Central Excise and Customs streams in promotions to Group A, is integration of the base cadres.  Thus the concept of 'Inspector Base', originates from this concept.

We require to concentrate on getting the integration of these three base cadres for getting this problem solved on a long term basis.  Thus an AIF from the Inspector Cadre upwards becomes a natural requirement to put in concerted efforts.

Further, since the promotions to Superintendent from Inspector is 100% by promotion, whatever affects the cadre of Superintendents today, is to affect the Inspectors tomorrow.  In this, there is no difference whether the Inspector is by Direct Recruitment or by Promotion.  Hence, the entire community of Inspectors and Superintendents have to collectively take up these issues.


Some members sent in suggestion that instead of an AIF, a common Association could be formed for all the three cadres.  But it could not be realized now, because there may not be commonality of interests between the three cadres in all matters. Hence separate Association for each cadre has to continue.

Since the cadres of Inspector, Superintendent and Promotee IRS would have their own issues, peculiar to each cadre also, the individual Associations will continue to function separately and only in the common issues they will go as the AIF to be formed.

Some observations have been made that formation of the AIF could be made after the division within the AIACEGEO has been settled.

With due respects to those sentiments, it is to be pointed out that the cadre interests cannot wait till a minority sees reason. 

I would like to point out that when I lost an election to Shri. K.V.Srinivas in 1998 (in the then Inspectors' Federtation) or when Shri. Pyne lost an election to Shri. Ravi Malik in the Daman Convention, I or Shri. Pyne did not leave the organization.  We did not stand out and create issues at each and every turn. But both of us contributed to the Organisation by being of assistance to the elected representatives.  Hence, it is only to be expected that if one becomes a minority, he may continue to air his opinions that too within the organizational forum, but has to work with the majority. That is the basic principle of democracy.

I also would like to point out another instance.  In 2006 at the Pune Convention of the AICEIA, Shri. K. P. Rao said that Shri. Pyne should step down as SG of the AICEIA because Shri. Pyne had served for one tenure (from 2003 to 2006).  Shri. Pyne immediately stepped down. (Now Shri. Ravi Malik does not want to leave the post after serving more than 6 years and even after promotion as AC, and these very people who say one tenure enough for a person do not find the present situation odd).  After making Shri. Pyne step down, Shri. Rao threw in his hat for the post in the same Convention at Pune.  However, the majority was opposed to it. Consequently, I had to take the responsibility as SG, though personally I was not for it due to the situation in my local unit, only to avoid a division and Shri. Rao was accommodated as the President. However, I understand that when on my promotion in 2008 I demitted the post and handed over charge to the then ASG, Shri. Kousik Roy, Shri. Rao had started creating trouble and after the next round of elections when Shri. Kousik Roy was elected as the SG, Shri. K.P.Rao was out of office and had floated a new outfit to divide the Inspectors' Association.

(It is said by several people that the language and contents of the comments made by one Sathyam Singh resembles very much of that Shri. K.P.Rao.)

To white wash this episode, they have subsequently circulated a tale that, along with Com. Pyne and Com. Kousik, I had divided the Inspectors' Association, by holding a Convention at Kolkatta in 2003.  In fact the Convention at Kolkatta had only revived the Inspectors' Association, which had become defunct from 2002, after the then SG could not be contacted, even by his local office bearers. Only as per the demand of a majority of the Unit Office bearers, I had notified an EC-cum-Convention at Kolkatta in 2003 as the President of the then Inspectors' Federation (to which post I had been elected in the 2001 Bhillai EC). The present AICEIA, is in fact only the child of that Kolkatta Convention. 

While Shri. R.C. Sharma held the post of SG of the Inspectors' Federation for more than 7 years, while the term was for 3 years, without a re-election and even after his promotion as Superintendent, and Shri. K.V.Srinivas did not hold the Convention even after expiry of the term and as mandated by the EC at Bhilai, after the re-structuring of 2002, the AICEIA which was revived in 2003, has produced several All India Office Bearers, from that date, only due to the revival and its subsequent democratic functioning.  The names of the Office Bearers who occupied the posts of President and Secretary General of AICEIA apart from myself from 2003 till date are:
Coms. Tirthankar Pyne, Kousik Roy, Arun Zachariah, K.P.Manoj, Ajit Kumar K.G, Abhishek Kamal, Anupam Neeraj and today Rananjay Pratap Singh and Anuvuthi Chatterjee.

Apart from the above, the AICEIA produced several other Office Bearers at the next rung also, capable of taking up the mantle, whenever the requirement arose.

In sharp contrast, the immediately former SG of the AIACEGEO, continues to call himself the SG even today, with not even a hand full of  functional units to support him.  He has given a call to divide the cadre and association at all levels, without consideration to the numbers, which itself highlights his desperation.

The way in which he obliged the administration at Ahmedabad to enable them suspend a Unit Office bearer Shri. Kundu, is fresh in the memory of the cadre.

Before that, there have been repeated instances where the interests of the cadre had been mortgaged, lock stock and barrel by this very person.  That had been in fact the genesis of the revival of the AIACEGEO itself in very many units.  This was one classical example which proves that a so called unity, without following democratic methods, becomes a feudalistic set up and permits those at the helm, to compromise with authorities, against the interests of those very whom they are supposed to represent.  Why it is done and why the authorities permit it or even encourage it, could easily be understood. This is a classic case of how unity alone does not ensure strength of the cadre but an illusion of unity is utilized to sell them out, whole sale.

So the best antidote to divisionism is organization. Organization of members who are alert and aware.

Any form of authoritarianism, whether within the department or in an organization, have to be fought tooth and nail, if the dignity and self-esteem of the cadre is to be protected.

Long live Association.

Long live the spirit of organizing.

with fraternal greetings,
R. Manimohan,
SG, AIACEGEO
 

All India Federation to be formed for Inspector Base Associations

Dear Friends and Comrades,

For quite some time now, many of the members of the Inspector base cadres have been seeking to fight their common issues together.  The JAC was the first step.

It has been felt that the ongoing process of re-structuring is once again turning out to be another exercise 'not very favourable to the Inspector base cadres'.

The Board has not been bothered even to call the Office Bearers of the Associations for discussions on pending issues. 

'Legal proceedings' and procrastination of the same, are resorted to, again and again, to thwart even small benefits to the cadres, which any sensitive administration should have been able to grant or at least recommend.

The IRS which is running the entire show, now wants to do a double role - that of the administrator as well as the Staff Association.  

Division in perspective among the cadres is exploited.

Against this background formation of an All India Federation containing the Inspector Base Associations has been discussed between the office bearers of the three Associations in this category.

On all other issues pertaining to all cadres in CBIC, the COC will be the umbrella organization.

Accordingly the first Convention for formation of the AIF is to be held at Patna on 07/10/2018 by calling for the Associate Committee Meetings of all the three Associations, AIACEGEO, IRS (IDT) OA and AICEIA.

Our Notice for the said meeting is given above.

Suggestions and resolutions could be sent through Unit Office Bearers or by email to aisacbitc@gmail.com 

With regards,
R. Manimohan,
Secretary General,
AIACEGEO

LATEST DEVELOPMENTS

Dear Friends and Comrades,

THERE ARE TWO DEVELOPMENTS

Today the Hon'ble SC posted the Bharathan case for final hearing on 12.11.2018. Two Senior Advocates appearing for the noticees tried to argue the case. But of no avail. These hearings for admission of a SLP by department has been going on for more than 6 months now. But it is yet to be decided.

The good news is that Com. Kundu is reinstated after revocation of the suspension. Details are yet awaited. But the revocation order of 4.9.18 has been received in his office today.
All units have shown great solidarity and strength. The CC, Ahmedabad Customs as well as the PC, Ahmedabad Customs have responded to our concerns.
Com. Kinarivala of Ahmedabad also called me up and assured of his support in the matter.
I do not want to say anything of those backstabbers of the cadre who have shown their hands in both the above episodes.

Long live Association spirit and unity.

With fraternal greetings,
R. Manimohan, SG, AIACEGEO

Clarification on what we have demanded

Dear friends and comrades,

It is learnt that some propaganda has been unleashed by the self-proclaimed savior of all cadres in the dept that we have accepted the idea of Senior Superintendent in 5400 PB-2 and that we are supporting the DR IRS and further that the IRS or Board are involved in ‘divide and rule’. 

I do not know even if the DR IRS will really believe that we support them.

If the powers are involved in ‘divide and rule’, it is not known why a person not able to gather even 15% DDO strength in 2017-18 (after the convention) to lay claim for a second association, wants to hang on at ‘any cost’ to enable such a divide and rule in utter mockery of the CCS (RSA) Rules.

Now coming to the demand as such:

We have actually sought 5400 PB-2 as the scale for Superintendents.  It has been put forth that ‘If a cadre of Senior Superintendents is to be created, it should be in 5400 PB-3’.  The relevant portion of the memorandum is reproduced below:

  

“5.       Each post should carry pay commensurate to the level of responsibilities and comparable to that of the equivalent and similarly placed posts in other organizations.

5.1.   The Superintendents of C.Ex & GST have to be placed in the replacement scale of Rs. 5400 in PB-2.  This will settle the anomaly viv-a-vis the Superintendents of Posts, etc as elaborated in Annexure F. This is expenditure neutral. 

5.2.   If a post of Senior Superintendent is to be created, it may be only in the replacement scale of Rs. 5400 in PB-3.  All Superintendents of C.Ex& GST currently drawing the replacement scale of Rs. 5400 in PB-2 should be upgraded Sr. Superintendents or as Assistant Commissioners with the scale of Rs. 5400 in PB-3. This is also expenditure neutral and will settle the disparity between the situation of Superintendents of GST in CBIC vis-à-vis their counterparts in State GSTs.

5.3.   In states of Maharashtra, Rajasthan and Tamil Nadu, the ACTOs equivalent to our Inspectors are on the pay scale of Rs. 4800 in P.B-2. In Rajasthan, the CTOs, equivalent to our Superintendents are on the scale of Rs. 6000, while their counterparts in West Bengal and Maharashtra are on the scale of Rs. 5400.  The equivalent cadres in other State GSTs are also moving towards having a uniform pay structure along with the highest in the segment. Further, in some of the states like Telengana, all the Officers have been upgraded by one level.

 5.4.   Thus, it becomes imperative to place the Inspectors on the pay scale of Rs. 4800 PB-2 and Superintendents on the pay scale of 5400 PB-3.  If the pay scale of Rs. 5400 in PB-2 is to be maintained to the Inspectors on completion of 4 years in the scale of Rs. 4800 PB-2 then it could be designated as Superintendent and the scale of Rs. 5400 PB-3 be designated as Senior Superintendent, in which case the scale of Assistant Commissioner shall be Rs. 6600 PB-3.”

For the complete memorandum please go to: http://cengo1.blogspot.com/2018/08/final-proposals-of-aiacegeo.html

The strategy behind making this demand for PB-3 would be understood by anyone who knows the back ground and implications.  Blog is not a place to describe the same.

With fraternal greetings,

R. Manimohan,

SG, AIACEGEO