Notice for Mass Dharna issued

MASS DHARNA ON 8 & 9 OF JANUARY 2019 IN SUPPORT OF GENERAL STRIKE

OPEN CIRCULAR TO ALL OFFICE BEARERS AND MEMBERS OF AIACEGEO

Dear friends and comrades,

        As most of us are aware, the community of Central Governments and employees of the Public Sectors are at a crucial point in their lives.

         The policies of the Government have been increasingly against the welfare of the Government employees and their families.

           After great struggles, our predecessors had got some guarantees in the form of JCM and other welfare measures as a welfare Government is expected to extend to its employees as a model employer.

           But after globalization and with the slogan that the Government was not in business to do business, in the name of not getting profit from each and every sector separately, without regard to THE element of their essentiality to the society, the Government has started withdrawing from one field after other and withdrawing one guarantee after another.

           CGHS facilities are facing threat.  There is severe financial crunch even for medical allowances and contingent funds during the last 3 to 4 months of every year. 

          The defined pension scheme has been withdrawn from 2004 and a variable pension in the name of New Pension Scheme has been introduced.  While this grossly discriminates against the new recruits, it is also a threat for the old pension scheme, in the near future. 

            Recruitment and promotions have been badly affected. 

          While economies are marching towards automatic wage revisions, the pay commission concept itself has become a matter of symbolism, with many of the anomalies of the 6^th CPC itself awaiting settlement.

           The mechanism of a Joint Consultative Machinery has become almost non functional.  Even in our own department, it is several years since the Departmental Council has met and consequently, we see that there is absolutely no administrative response in the CBIC and JCM does not function in many of the regions.  Even where meetings are held, minutes are not drawn properly and agreed points do not get executed as agreed.

        Hence, the two day strike proposed by the Confederation of CG Employees and workers, along several other trade unions across the country on 8^th and 9^th of January 2019 is expected to be a major land mark in the fight to retain at least some of the guarantees of employment.  The Charter of demands is given above.

          AICEIA has already served notice for strike for the said two days as per the Confederation call.

      Against the said backdrop, the Confederation of Central Gazetted Government Officers Organisations (CCGGOO) in its National Executive Committee Meeting held at Delhi on 17.12.2018 resolved as below:

“Confederation of Central Government Employees & Workers (CCGE&W) has decided to participate in two-days strike on 08th & 09 th January, 2019 adopting the resolution passed in the Convention of Central Trade Unions in support of 10 points Charter of Demands like scrapping of NPS, settlement of 7th CPC issues, implementation of 7th CPC wage revision in autonomous bodies, ensuring 5 compulsory promotions for all Gr. B & C employees, withdrawal of Rule 56(j) of CCS (Pension) Rules etc. The CCGE&W made an appeal to the CCGGOO for participating in two days strike action. The issue of participation in strike action is discussed in the National Executive Committee meeting on 17-12-2018. It is finally decided to request all the constituent organizations to organize ‘Mass Dharna’ on both the strike-days in support of the demands of the CCGE&W to extend our solidarity. The constituent organizations may also consider attending any nearby Dharna programmes organized by CCGE&W, wherever possible. “

        Accordingly, we are also to serve notice for mass dharna on 8^th and 9^th of January 2019.  The letter to be issued to the administration will be circulated by email (along with the Charter which will include our points also) to all unit Office bearers next week.  Similar letters may be handed over to the local administrations thereafter.

          All units are requested to mobilize support for this agitation and organize Dharnas in front of all Headquarters Offices.  If Dharna is being conducted in any other place under the aegis of CCGE&W, members may join those Dharnas as well, as per local convenience.

          All Units are requested to co-ordinate with other units of the CCGE&W as well as CCGGOO and conduct the programmes in the best possible manner.

          Demands may be given wide publicity in the media.

          Wishing the agitation all success.

With fraternal greetings,

(R. Manimohan)

Secretary General,

AIACEGEO

         

Two letters on difficulties in GST formations, PQ and physical verification

Ref. No: CBIC/51/2018                          Date: 21.12.2018

To

The Chairman,

CBIC, North Block, New Delhi.

Sir,

Sub: GST –Physical Verification of taxpayers under the jurisdiction of CBIC – provision of mobile & vehicle for Range Officers – reg.

We would like to draw your kind attention to:

(i) ‘Advisory on Physical Verification’ issued by the DGSDM on 15/10/2018 and subsequently circulated to CGST zones vide letter dated 29/10/2018; and

(ii) Procedure prescribed for ‘e-Waybill verification’ vide Circular No. 41/15/2018-GST dated 13/4/2018 issued by CBIC.

2. Both these communications advice or rather direct Superintendents working in the field viz. Ranges and Anti-evasion units to use ‘mobile devices’ and ‘apps’ to capture field visit reports on physical verification of taxpayers or to verify e-Waybills.

3. Though a layman’s reading of both documents apparently impresses that the central (CGST) tax officers are provided with and are well equipped with standardized ‘mobile devices’ and ‘apps’, in reality, the officers are pressurized and compelled to work with ‘mobile devices’ and ‘apps’ purchased for their personal use and at their own expenses.  There could also be instances, where, Officers for personal reasons do not prefer to have smart phones at all.

4. This, at a time, when

(a)        mobile devices are provided to their counterparts in direct taxes i.e. Income Tax Officers along with SIM since last 10 years under 1% incentive scheme; and

(b) there is a laid down provision to reimburse mobile bill of Government Officers upto a monthly amount of Rs. 1200/- plus tax issued vide DoE OM F.No. 24(3)/E.Coord/ 2018 dated 26/3/2018 (copy enclosed).       

5. Cumulatively, this develops into another instance of gross negligence causing harassment to the already stressed cadre of Superintendents. In fact, the cadre fails to understand how the DGHRD has not ensured infrastructure to the field at least similar to that is available in CBDT or in SGST offices. The cadre also questions the directions to use ‘mobile devices’ or ‘apps’ if those are not standardized, that may lead to variable results leading to capture of relatively incorrect information.

6. Simply put, the cadre is agitated. General demand of the department (higher officers) that Superintendents should possess a smart phone and provide their personal mobile details, is encroachment on personal liberties and utter shame for a department keeping eyes shut to the facilities and provisions elsewhere.

7. Hence, as resolved, we request a timely initiative of your good office for immediate provision of:

(i) a common ‘mobile device’ with ‘SIM’ and standardized ‘apps’ to perform GST and other office work for all Superintendents working in the field, taking part in verifications and movements; and

(ii) vehicles to all Range offices to conduct verification.   

Hoping for an early response,

Yours truly,

Encl : As above

(R. Manimohan)

Secretary General

Copy submitted for information to:

1. The Member (System), CBIC, New Delhi
2. The Member (P&V), CBIC, New Delhi
3. The Director General of Systems & Data Management, New Delhi.
4. The Director General of Human Resource Development, New Delhi
5. The Principle Chief Commissioner, _____________ CGST Zone (through the Units concerned)

 (R. Manimohan)

Secretary General

Ref. No: CBIC/52/2018                          Date: 21.12.2018

To

The Chairman,

CBIC, North Block, New Delhi.

Sir,

Sub: Reply to Parliamentary Question on harassment – reg.

We are given to understand that a Parliament Question as to ‘whether the Government is aware that businessmen are being harassed regularly by the Goods and Services Tax (GST) personnel over phone that GST has not been filed by them, even if they file it regularly and if so, the details thereof’ has been received in the field formations of CBIC for a reply.

2.       It is learnt that invariably from most of the formations, the reply is to be given as NO.

3.       In this regard, this Association feels that this opportunity should be utilised to place before the Parliament, the deficiencies in the AIO and data harvested by the system from the assesses and also the difficulties in accessing them.  It can also be placed that the AIO does not reflect the real time data pertaining to filing of GST returns and it takes at times up to 10-15 days for the data to get updated in the AIOs.  Similarly it may also be submitted that the reports that are generated through ‘Saksham’ are sometimes wrong, especially regarding non-filers where even those who have filed are shown in the non-filers list.  Hence, the officers, in the interest of revenue have been required to check up with the assesses.  If they have filed the returns, the phone calls will not be taken as harassment at all.  On the contrary, the assesses have felt irritated only in respect of migration issues and when data not available with the department has been sought from them.  In this regard issues have been raised with the Board by this Association as well as by the units at various levels.

4.       A cursory glance at the various reports that have been called for from the field formations of CGST in CBIC would also enable one to understand that the data called for therein, is not available in the system provided by the department or in the records of the department.  Hence, it would reveal that the field officers have been required to collect these data only from the assesses. 

5.       It is felt that the CBIC should bring forward the actual difficulties found in execution of the day to day work in the CGST field formations, how and why we are lagging in comparison to the states, if at all, the difference in infrastructure available at the disposal of the states vis-à-vis non availability of the same for CGST officers, etc.

6.       Apart from the above, it also requires the CBIC to put forth in this opportunity that:

i)             All along the present day Superintendents have borne the entire work load of the department, earlier as Inspectors and now as Superintendents;

ii)            That they get only one promotion in their career and if at all lucky they get a second one almost at the end of their career, with a dislocation from their station if it happens before 2 years of their retirement;

iii)           That from Grade Pay of 4600, they go on to only Grade pay of 5400 in their entire career;

iv)           That though their counterparts in Customs, recruited through the same exam have been able to get a better deal, for reasons yet to be dealt with, these Superintendents have obediently served under even officers juniors to them by several years, when such Customs Officers are posted to Central Excise/GST run formations on promotions;

v)            That any restructuring in the department has so far catered only to uplifting the tower and frontal image of the edifice of the department, at the cost of the foundation and structure;

vi)           That such a section of employees who have managed to remain in the department without leaving on VRS in spite of all the above ignominies heaped on them, do so only due to their family commitments and hence not left with any energy or enthusiasm, let alone being over enthusiastic, could not be expected to call upon the assesse, for some data, on their own, and that too in all formations uniformly;

vii)          And that they had to do so only due to (a) disconnect between the departmental requirement for data mining and the software provided and (b) instructions from their senior officers to enquire over phone urgently from the assesses regarding GSTR 1,2,3, etc, and mismatch between returns.

7.       All these years, the CBIC has followed a strategy of pleasing the Ministry by not presenting the real ground requirements and by trying to give an impression that everything could be achieved with resources available on hand.  This Association strongly feels that due to such an approach, our department has stood only to lose in comparison to infrastructure made available to the other department in the Ministry of Finance itself.  Hence, it is once again emphasised that the actual facts may be placed before the concerned in the interest of strengthening of the department at the crucial stage of switch over to GST.

Thanking you,

Yours truly,

(R. Manimohan)

Secretary General

Copy submitted for information to:

The Member (GST), CBIC, New Delhi.

(R. Manimohan)

Secretary General

On decision to join General Strike on 8th and 9th of January 2019

Dear friends and comrades,

          We are at a crucial point where we have to decide whether we are with the main stream Central Government Employees movement or still will continue to nurture the feeling that we are a different class and will get all our dreams fulfilled by only wishful thinking, paying a monthly subscription and giving our views on the social media.  Some persons additionally also feel that things will move by 'lobbying'. But empirical evidence suggests that nothing of that sort helps achievement of our demands, but could have helped some individuals or a few of their immediate friends.

          The entire Central Government Employees movement has come to a point where it finds no way out other than going in for a Strike.  The Confederation of CG Employees & Workers as well as the Railways have given a call for General Strike for two days – on 8^th and 9^th of January 2019.  Two days is to show the dissatisfaction of the Central Government Employees as a whole.

          This call has become necessary because of the procrastinating attitude of the Government in most of the fundamental issues pertaining to pay, allowances, pension and working conditions of its employees.

          We know that most of the anomalies that arose due to the 6^th CPC are yet to set right.  We also know that further anomalies have been created by the 7^th CPC and the JCM facility is not working to get them rectified.

          In our own case, we know that the JCM does not function at the Departmental level, as a consequence of which the Board is permitted to do or not do anything, in defiance of logic or law.  Consequence of this degeneration is only a plethora of court cases by various class of employees, for various issues.  Earlier court cases had to be indulged in only in respect of personal issues.  Now, even for general issues and for service conditions, one has to approach the judicial forum.  This degeneration is due to the breakdown of the consultative mechanism.

          At the regional levels also this mechanism is not working.  Even where it is working, it is only on paper and fulfilment of demands is left to the discretion of the Zonal chiefs.

          In the matter of the New Pension Scheme, many of our members may be thinking that it is only pertaining to those who joined after 2004 and that they themselves are in a safe zone.  If any such dreams still exist, it means that we do not understand the direction that politico-economic-discourse is taking place in this country.  Even if that is not taken into account, plain common sense should tell us that in another 5-10 years, the Government employees will consist of only those under the NPS scheme and there will be no necessity for any Government to continue with the old pension scheme even for the pensioners.  A simple legislation could make us on par with the NPS category with some sop in the name of a one-time compensation.  No soul can be expected to cry for us then. 

          In respect of misuse of 56 J, it is our cadre which faces the gravest risk and pressure.

          Due to non-filling of vacancies it is our cadre which is the worst affected due to heavy work load. (The sorry state of affairs of the present day Superintendents could be felt by seeing the video shared in this blog) 

          Time bound promotion is the crying need for our cadre, if not for anyone else.

          Every member should therefore carefully go through the above charter of demands and take a call.

          In the department of Revenue itself, the ITEF and ITGOA have decided to join this strike. 

Within our own department, the AICEIA has already served the notice.  Ministerial Officers of Customs are also going on strike.

          Some of us may also argue that the strike may after all not happen and that it may be deferred or withdrawn based on some assurances given by the Government.

          In this context, two things have to be noted.  The first one is that already it was deferred based on the assurance given by the Ministers earlier.  The present call is because those assurances have not been kept.  Therefore there is no possibility that just based on such assurances it could be deferred.  The second point is that if still it is to be withdrawn or deferred, there should be concrete developments to enable such a decision.  For, ultimately a call for strike is given to get the block move, not just for getting two holidays at our own salary’s expense.

          Along with the general charter of the demands (which is reproduced above) we are also permitted to make our supplementary charter.  In this we can include all those pressing issues for which the Board has been turning a blind eye so far.

          So it is for us to take a call on this issue IMMEDIATELY.  The CCGGOO National Executive is to meet at Delhi to take a decision in the matter, on 17.12.18.  We will be able to convey our decision only on getting a feedback from our Units.

          It is up to the members to give sufficient confidence to their unit office bearers to support the call by informing them that they are ready.

          Otherwise, we are missing this bus.  We do not know whether we will deserve another ride another day.

With fraternal greetings,

R. Manimohan,

Secretary General, AIACEGEO

On DPC to post of ACs

Ref. No: CBIC/49/2018                              Date: 10.12.2018

To

Shri. S. Ramesh,

Chairman,

CBIC, North Block,New Delhi.

Sir,

                   Sub: DPC for promotions of Superintendents as ACs - reg.

          The hopes of the members of our cadre have gone up with the juggernaut of promotions starting to move; promotion orders of Principal Commissioners to Chief Commissioners issued last week and preparations started for the DPC from the cadre of Superintendents to Assistant Commissioners started on 4.12.2018.

          The above developments have given room for a reasonable expectation that the long overdue promotions of Assistant Commissioners to senior time scale as Deputy Commissioners, filling up of the regular posts of Assistant Commissioners and filling up of the consequent vacancies in the temporary posts of Assistant Commissioners would be accomplished in the present exercise.

          In the above context, we would like to reiterate some of the points submitted earlier at different points in time and in separate representations, for due consideration while conducting the above DPCs to fill up the regular AC posts and temporary AC posts:

1)     Since regular posts of ACs have not been filled up since 2012 and regularaisations are yet to be effected from 1997, all vacancies may kindly be filled up after the said regularaisations and after moving the eligible officers to senior time scales as DCs.

2)    While filling up of the regular AC posts, due regard may please be given to ensure that the ratio between Central Excise (GST) Officers and Customs are just and fair in terms of the judgment of the Hon’ble Supreme Court dated 03.08.2011 in CIVIL APPEAL NO. 1198 OF 2005 (S.P. DUDEJA & ORS VERSUS UNION OF INDIA & ORS). 

3)    To ensure and establish that the ratio between GST Superintendents and their Customs counterparts is followed in a just and fair manner, it may be ordered that, on promotion no officer from Customs side shall be posted to the GST side (including the customs formations manned by GST Officers) and that all the existing Officers from the Customs side (from the cadres of Appraisers and Superintendent Customs) who are working in GST formations and GST run Customs formations as on date are immediately shifted back to pure Customs formations.

4)    While filling up the temporary posts of Assistant Commissioners, the Superintendents of Central Excise alone may be considered for such promotions since (i) these temporary posts were created only to alleviate stagnation (ii) among the three feeder cadres, only the cadre of Superintendents of GST are the most stagnating and (iii) these posts have been kept out of the RRs for the above reasons.

5)    Since in the SLP filed by the CBIC in Bharathan & Ors, the question of law raised by the department is only whether the judgment of the Hon’ble Supreme Court in N.R.Parmar is to be applied to those who joined prior to 1.3.86 also, instructions could be issued to all zones to revise Seniority lists of those who joined subsequent to 1.3.86 at least and any further revisions could be done subject to the outcome of the SLP.

We wish that the above issues are addressed and consequently a maximum number of Superintendents of GST are promoted as Assistant Commissioners and those who have already completed the stipulated period of 4 years in AC grade are also promoted as DCs.

Thanking you in anticipation,

Yours truly,

(R. Manimohan)

Secretary General

Copy for information and necessary action to:

 The Member (Admin), CBIC, New Delhi.

          The DG, DGHRD, CBIC, New Delhi