Report on the 13th Convention at Kolkata

Dear friends and comrades,

The 13^th Convention of the AIACEGEO was organized in a dignified and simple manner at Lake Land Country Club, Howrah, West Bengal.

92 delegates from 25 Units participated.  2 units sent their inability to reach.  Some delegates could not reach due to rains in their areas, airport becoming out of bounds, illness, etc.  Women delegates from all the four parts of the country, from Delhi, Mumbai, Kolkata and Chennai participating in the Convention was a hallmark.

The inaugural session started with music, first with a Sanskrit cum Rabindra sangeeth and another pure Rabindra Sangeeth rendered by an orchestra consisting of our Comrades from Kolkata.

The inaugural session was addressed by various leaders of Service Associations in the Revenue and by Com. Baskar Bhattacharya, Secretary General of the CCGGOO.

The closed session attended to business like passing of minutes of the previous convention and AIEC, ATR of the SG (which is given below), accounts of the elections, resolutions on amendments to the Constitution, resolutions on cadre related issues and elections for the new AIB.

In a historic manner the host unit paved way for a unanimous election of the new AIB team and the House in honour of the Kolkata unit and in recognition of the knowledge and service to cadre by Com. Tirthankar Pyne, appointed a Committee to deal with Re-structuring and GST related issues under his Chairmanship.

Com. Vigneswara Raju attended the convention in his individual capacity and he was felicitated for his dedication and hard work for the cadre in the matter of fighting for pay scale matters.  He stated that though he was due to retire in a month, he will be with the cadre in its fight for its dues.

Com. Mahesh Raiker, of Goa was also felicitated since he was to retire this month.  He expressed his sorrow that he was retiring even without seeing his name in the All India Seniority list of Superintendents, since the list has not been issued after 2007.  He also pledged to be in touch with the cadre even after his retirement.

The new AIB team unanimously elected in the Convention is as below:

ATR AS APPROVED BY THE CONVENTION:

ACTION TAKEN REPORT OF THE SECRETARY GENERAL

TABLED AT THE CONVENTION OF THE 13^TH CONVENTION OF AIACEGEO

ON 10^TH AUGUST 2019 AT KOLKATA

Dear friends and comrades,

It is an honour and privilege to present this Action Taken Report before this august house representing the cadre of Superintendents of GST all over India.

1.1.    Before going into the report, I would humbly recount for a moment the great sacrifices made by our forefathers, the freedom fighters of this great country and our former leaders of this cadre and department and most importantly those martyrs who lost their lives in fighting for our rights and dignity in various manners.  But for them all, we would not have been where we are.  No plans for the future would be beneficial and fruitful without keeping in mind those selfless contributions.

1.2.    The world over, there is a change in the outlook of societies.  At the start of the last century, it changed towards liberty, fraternity and equality.  The experiments towards achievement of those lofty ideals were underway, while the societies became tired of the path.  Societies wanted quick solutions for the problems facing humanity. Generation of wealth became primary; distribution to come later, not necessarily simultaneously.  The age old problems of accumulation of wealth and feudalism would then come back with full force, again prompting the cycle a full round.

1.3.    Our journey within the Government service cannot therefore be divorced of the happenings around us.  The combined signals produced by invocation of 56J and lateral entry at higher levels, might be with an intention of cleansing the system and pumping in fresh blood.  But whoever knows the Indian society and the method of its work would have enough reasons to be doubly cautious about such an approach.  56J has always been looked upon with suspicion.  Its proceedings have been found to be least transparent and ultimately not satisfying the test of law.  Hence, it has been minimally resorted to.  Lateral entry in higher echelons of bureaucracy could lead to divorce of power from accountability and responsibility and in the long run affect stability.  Of course, we are hopeful that the system will be able to take care of these ambitious changes. 

1.4.    Having said that, we cannot forget that we have a conscious responsibility to become more responsive to the requirements of the citizenry of the country. There is always the inherent tussle between our individual consciousnesses towards the call of duty, whether to the department or the country and the limitations of the task and parameters allowed to us.  This is an indispensable struggle every conscious human has to face.  As an organization, we too have this call to be taken.  Success or failure would depend upon our level of response to the challenge posed at every juncture.

At the level of Central Government employees:

2.1.    Continuous withdrawal of the Government from various functions has been happening from the evening of the last century.  The reasons propounded have been, inefficiency, corruption, losses to the exchequer and unmanageability.  Its immediate out has been reduction in public employment.  When these functions have been taken over by the private sector, initially, it appeared as if the services had improved.  However, on many fronts, it became wanting due to poor investments in infrastructure, exploitation of workers due to poor wages, unregulated working hours, difficulties in approaching higher ups in the organizations for grievance redressal, heavy cost of civil cases, fly by night operations, lack of regulators to ensure proper and prompt service and ultimately higher costs. 

2.2.    The reduction of work force had another result.  The pensioners became more in number than the serving employees.  The pension outgo became the next target.  The pensioners whose entire productive period in life had been dedicated to public service were made to look like blood suckers of the economy and a liability to the country.  The Government’s pain and plan to relieve themselves of the responsibility of looking after these pensioners in their old age when disease and death would visit them, was in stark contrast to the legislation that children should not abandon their parents and if they do so, it would be a criminal act and a punishable offence.

2.3.    The New Pension Scheme without guaranteed returns came into being in these circumstances.  This has created two sets of employees, with two different pay scales and working conditions against the same post and for the same work.  The permanence of relationship between the Government and its servant gave way for a contractual obligation.  The guaranteed pension was in lieu of pledging one’s entire productive period of life, without being engaged in any other profiteering while in service. It was therefore a deferred wage.  Taking that guarantee away will lead to loosening of the obligation to be on 24X7 services whenever called.  This will also lead to dilution of responsibility and obligation to desist from taking up other profitable assignments even while in Government service because the contract with the Government does not guarantee peace and rest during the evening of one’s life and therefore the individuals will have the necessity and right to earn for their old age.  This situation could also lead to increase in camouflaged corruption.

2.4.    The other consequence of this approach towards cutting out go on pension has lead economists to suggest employment of Government employees into their old age.  Their arguments though based on age ratio at present and future, actually militates against the widespread availability of young work force and widespread unemployment in the market.

2.5.    The reduction in cost of facilities like cell phone charges are attributed to privatization, while it is actually driven by technological advancements the world over.  Mass production of goods and services compels cost reduction.  Mass production and consumption of vehicles etc, have on the other hand increased expenditure on petrol, diesel, gas, etc.  On the contrary, in the sector of health and education where the Constitutional guarantee to right to life is involved, the lack of engagement by the Government has proved to be very costly and largely unregulated.  These are vital areas requiring overall improvement in living conditions of the Citizens of a country.  As Government servants, though there were facilities like CGHS in certain areas and Reimbursement in other areas, in terms of real experience, these have helped out only partly.  In education, the reimbursement has been paltry and for higher education there is absolutely no support.  Free and compulsory education as enunciated under Article 21-A remains a far cry. The compulsion has instead been shifted to the shoulders of the parents by way of legislation.

2.6.    Against the above back drop, the rising cost of living for the Government servants has lead to demand for a better wage fixation formula.  But it has unfortunately been portrayed by the remaining private employees and unemployed as against national interest. This has always been so because only a small number is in Government employment.

2.7.    Thus, the withdrawal of Government from its functions and obligations in a gradual but planned manner has lead to increase in this chorus against the Government servants and by dilution of conflict resolution mechanisms, the guarantees that the private work force ought to have been granted in their employment conditions using the model employer standards also stands negated.

2.8.    We have an obligation to be with the JCM Staff Side leadership and Confederation of Central Government Gazetted Officers on the above matters affecting all Government servants.  And we have been participating actively in all the calls of the above forums.

2.9.    All our units very actively and enthusiastically participated in the MASS DHARNA on 8^th and 9^th of January 2019 in front of all our Headquarters Offices and along with other CG Employees as per the resolution of the Confederation of Central Government Gazetted Officers’ Organisations (CCGGOO) insisting the following 20 point Charter of Demands:

CHARTER OF DEMANDS

PART - I

(adopted by the National Convention of Confederation of CGEmployees & Workers held at Hyderabad on 10-06-2018)

1.     Scrap New Contributory Pension Scheme. Restore old defined benefit Pension Scheme to all employees.

2.     Settle 7th CPC related issues including increase in Minimum Pay and fitment formula, HRA arrears from 01-01-2016, MACP Bench Mark, promotional heirarchy and date of effect from 01-01-2006, Option-I for pensioners and anomalies arising out of implementation of 7th CPC recommendations.

3.     Fill up all vacant posts. Reintroduce Regional Recruitment for Group B & C posts. Withdraw orders for abolishing posts lying vacant for more than five years. Revive all posts abolished during 2001 to 2008 under Annual Direct Recruitment plan as per May 2001 orders of former NDA Government.

4.     (a)   Regularisation of Gramin Dak Sevaks and grant of Civil Servant status. Implement remaining positive recommendations of Kamalesh Chandra committee report.

        (b)   Regularise all casual and contract workers including those appointed on or after 01-09-1993.

5.     Ensure equal pay for equal work for all. Remove disparity in pay scales between Central Secretariat Staff and similarly placed staff working in field units of various departments.

6.     Stop closure of Govt. establishments and outsourcing. Withdraw closure orders of Govt. of India Presses. Stop proposed move to close down salt department. Stop FDI and privatisation of Railways and Defence department.

7.     Implement 7th CPC wage revision and pension revision of Autonomous body employees and pensioners. Grant Bonus to Autonomous body employees pending from 2016-17 onwards.

8.     Remove 5% condition imposed on compassionate appointment.

9.     Grant five time bound promotions to all Group B&C employees. Complete Cadre Reviews in all departments within a time-frame.

10.   (a)   Stop attack on trade union rights. Ensure prompt functioning of various negotiating forums under the JCM scheme at all levels.

        (b)   Withdraw the draconian FR-56(j) and Rule 48 of CCS Pension Rules 1972.

PART – II

(Specific to AIACEGEO in CBIC)

11.     Issue instructions for implementation of judicial decisions accepted by the Government, in respect of interpretation of statue, rules or circulars, to all similarly placed employees, without forcing each employee to seek judicial intervention for getting the benefit of a settled law

12.     Restore pay parity of Superintendents of Central Excise (GST) with the Superintendents of Posts and Deputy Superintendents of CBI.

13.     Do away with the practice of withdrawing fund allocation during the last 3 to 4 months of a financial year, for medical re-imbursement, contingent expenses, etc.

14.     Promote all ACs in regular strength as DCs wherever qualifying service is completed and regularise all ACs from 1997 as per Apex Court order dated 03.08.2011 in CIVIL APPEAL NO. 1198 OF 2005 (S.P. DUDEJA & ORS VERSUS UNION OF INDIA & ORS.

15.     Fill up all vacant posts of ACs in regular and temporary stream and fill up posts of ACs in temporary category only from GST (Central Excise) cadres which are stagnating.

16.     Have a separate Group B Service for CGST and until then post all officers from Customs, on promotion, only in Customs, to evidence that the ratio adopted is fair and just and also to ensure that juniors do not become supervisory officers to seniors

17.     Implement Parmar Judgement to all those who joined subsequent to 1.3.86 since the question raised by the Board in SLP is only regarding its applicability for those who joined prior to 1.3.86.

18.     Withdraw SLP against common order dated 27.04.2016 of the Hon’ble Rajasthan High Court, Jaipur Bench providing the benefit of stepping up of pay for seniors under ACP/MACP scheme, so that promotee officers are also benefited.

19.     Provide infrastructure like smartphones, SIM cards, laptops, vehicles, etc for field officers in GST to enable them to execute their functions effectively.

20.     Renew recognition of AIACEGEO, based on records placed before the Board and as per CCS (RSA) Rules, so that people without any representative capacity do not interfere with cadre issues.

Move to have a broad based approach within CBIC:

COC of Associations in CBIC:

3.1.    One of the main issues plaguing almost all cadres of Group C and B in the CBIC has been stagnation.  The quantum of stagnation is different for each cadre.  While it would be the maximum for the Inspectors and Superintendents in the GST, the Ministerial and Group C Executive also face similar problems. 

3.2.    Though a coordinated movement had been attempted at the time of launch of the GST, it had been hijacked by certain vested interests and the Group B and C cadres in the department were left in lurch.

3.3.    Hence, all the Associations representing the promotee Group A, Group B and C in the CBIC decided to form a COC of Associations in the CBIC on 18.08.2017 at Delhi.  In a subsequent meeting of the COC held at Mumbai on 16.09.2017, it was decided to observe DEMANDS DAY on 04.10.2017 stressing the following main demands:

     i.        To bring the GSTN under the purview of CAG & Central Vigilance Commission;

   ii.        To have the Audit and Anti-evasion of all GST Units under the purview of the Union Government by using the Officials of the CBEC for the sake of uniformity and effectiveness in containing evasion at an All India level and to utilize the experience and expertise of the Officials of CBEC in classification disputes;

  iii.        To grant atleast 5 promotions to the staff of the CBEC and in parity with their counterparts in the same Ministry in Income Tax;

  iv.        To fill up all vacant posts and disposal of claims on compassionate grounds; acceptance of Court orders favourable to the staff and not going on frivolous litigation in keeping with the promise of the PM;

    v.        To provide proper infrastructure for the field staff;

  vi.        Abolition of the New Pension Scheme or provide a separate pay structure for those covered by the New Pension Scheme so that two set of employees performing the same set of duties do not have two different emoluments;

 vii.        To effect the allowances on the basis of revision of census figures from the date from which the census figures were revised, etc.

3.4.    Subsequently, due to the date proposed for Demands Day falling immediately after  Dussera Festival and in order to broad base the programme, it was decided to have meetings at all COC units and pass resolutions on 01.02.2018 and thereafter observe Demands Day on 28.02.2018 by wearing black badges and conducting lunch hour meetings on the following charter of Demands:

CHARTER OF DEMANDS FOR DEMANDS DAY ON 28.02.2018

Common Demands

a.    Fill up all vacancies immediately by conducting DPCs for promotions, conducting special drive to fill up DR vacancies, filling up Sports quota vacancies and Compassionate ground appointments;

b.    Grant at least 5 promotions to the staff of the CBEC and in parity with their counterparts in the same Ministry in Income Tax and for this purpose get a One Time Relaxation immediately as done in the case of Joint Commissioner of Central Excise;

c.    Pay Anomalies in respect of all Gr- 'B' (Gazetted & Non-Gazetted) and Group 'C’ Ministerial officers may be got rectified in comparison with similarly placed officers in other Central Government offices viz; CBDT, CBI & IB. CSS and CAG.

d.    Issue revised Recruitment Rules for all cadres in consultation with the concerned Staff Associations immediately;

e.    Publish a Departmental Manual codifying the duties and responsibilities of all cadres;

f.     Conduct cadre-restructuring for GST as per the actual work load in terms of duties and responsibilities so codified.

g.    Regularise all Ad-hoc promotions based on the Rules in vogue;

h.   Conduct regular DCMs and JCMs at the level of the Board, CCs and Commissioner to mitigate the collective grievances at each level speedily and effectively;

i.     Provide Infrastructure including office space and Residential Accommodation as per the minimum Austerity Standards;

j.     Claims/ Bills submitted by the Officers should be processed on First-in First-Out (FIFO) basis, irrespective of cadre.

k.    Issue instructions to dispose vigilance proceedings speedily.

l.     Issue Instructions to dispose of Medical claims and request for grants immediately and release pending welfare files on a time bound basis.

m.  Introduce Cashless Medical Facility or Health Insurance Scheme for all CBEC employees.

n.   Since departmental vehicles have dwindled over the last several years, the services of the Departmental Drivers may be put to proper use by integrating them into the mainstream with any departmental examination as deemed fit.

o.    Strengthen Departmental Canteens due to long working hours;

p.    Take steps to regularize the contingents employed in the department as a one-time measure.  

Cadre specific demands

Group C Officers in Central Excise and Customs

a.    Constabulary status may be given to all Havaldars of Central Excise and Customs as it is given to the notice servers of Income Tax Department in the same Ministry;

b.    5 Tier Promotion may be sanctioned to all Havaldars as uniformed officers of the other Central Govt. Departments;

c.    Minimum Educational Qualification may be changed for appointment of Havaldar in CBEC to 12^th Standard Pass instead of 10th Standard.  Necessary amendments maybe made in the Recruitment Rules of Havaldars in CBEC.

d.    One Time Relaxation for promotion as LDC may be given to the officers who have passed the Departmental Examination before the implementation of the New Recruitment Rules.

Ministerial Officers in Central Excise and Customs

a.    Withdraw the letters dated 04.01.2018 and 11.01.2018 issued by the Ad. III A of CBEC immediately. 

b.    Maintain uniformity for promotion across all the Zones in CBEC.

c.    Enhancement of grade pay of Rs. 2800/- (as per 6^th CPC) to the Tax Assistant & Grade Pay of Rs. 4800/- (as per 6^th CPC) to the Administrative Officer of CBEC w.e.f. 01.01.2006.

d.    Educational bar should be removed in respect to promotion and past service should be counted for higher promotion in respect of all cadres.

e.    Grant MACP to the erstwhile DOS of CBEC & do not consider their 3% increment at the time of promotion for bearing of higher responsibility, as financial benefit.

f.     Release 5% promotional quota of ministerial staff for promotion to the post of Appraiser in Customs field formation.

g.    Ensure promotional opportunity for Lab Assistants & finalise Cadre Restructuring of CRCL immediately.

Inspectors of Central Excise

a.    Promotion to the grade of Assistant Commissioner should be based on the base cadre seniority of all Group-B executives.

b.    Uniform Implementation of N R Parmar Judgment.

c.    ICT should continue without any restriction and Ex-Servicemen should be given preference.

d.    Removal of control room duty, protocol duty and uniform.

e.    Separate formation for Customs and proper status of Central Excise cadres in Customs formations in reorganization.

f.     GST Sub-Commissionerate should be sanctioned with separate sanctioned strength.

g.    DPC must be conducted as per Model Calendar and all promotion orders for the vacancy year 2018-19 must be issued on last working day of March, 2018.

Superintendents of Central Excise

a.    Implement decision of the Hon’ble Supreme Court in M. Subramaniam case with regard to grant of GP 5400 PB-2 in rem.

b.    Get extension of 2118 posts of Temporary ACs and fill them up on the basis of stagnation.

c.    Stop giving additional charge of Administrative Officers to Executive Officers like Superintendents.

Promotee IRS Officers

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

b.    Move all those eligible officers promoted against 2118 temporary posts to regular posts and further promote them as Deputy Commissioners.

c.    Resolve the issue of grant of MACP in PB-3 with Grade Pay of Rs.6600/- to the officers by issuing uniform instructions. Also instruct the field formations not to recover the benefit given to those officers who are retiring within a year in conformity with DOPT instructions.

d.    Formulate equitable norms for posting Direct Recruits and Promotee Officers in sensitive/non-sensitive and field/non-field formations.

e.    Create adequate posts in the cadres of AC/DC & JC/ADC designated as proper officers under 38 Sections/Rules of CGST Act/Rules.

3.5.    The Demands day was observed all over India with great enthusiasm.  A Dharna which was slated for 20.06.2018 was deferred based an assurance by the Member (Admn) while meeting with our representatives at Nagpur to look into the grievances on his assumption of charge as Chairman.  However, during his 6 month tenure, no meeting of the GRM even had been conducted.  Subsequently there had been a fluid situation in the Board and the COC is to take a call in the near future.

JAC AND NFCGSTEO:

         

4.1.    Introduction of GST has been a historical event in the annals of the Central Board of Excise and Customs, which has turned it into the Central Board of Indirect Taxes and Customs consequently.

4.2.    Even within the CBEC, we have been fighting against a step-motherly treatment against us, in comparison with our Customs counter parts.  Whether in respect of working conditions, attitude of higher officials, promotions or postings and transfers, Customs had the upper hand and Central Excise Officers got a raw deal.  Even when dire disparities in conditions of service of these two segments recruited through the same examination was pointed out, repeatedly the CBEC skirted the issue.  Instead of administratively settling the matters in an even handed manner, they preferred to push for a consensus between the haves and have nots thus not reaching any finality.

4.3.    Now the disparity chart has got elongated by the inclusion of another set of officers, the State GST officials, for comparing with our poor service conditions.  In most of the states, the state GST officers are ahead in respect of pay scales, promotions and infrastructure when compared to ours, by leaps and bounds.  Our Officers have felt completely demoralized in the present scenario. 

4.4.    While at our level this is the scenario, at the higher levels of the administration, we find an absolutely unjustifiable strength in comparison to the states concerned.  It becomes clear that what the states have in the form of lower level officials and infrastructure has got converted into higher posts on our side only adding to the burden of the paltry, helpless and demoralised executive staff – in the middle, but without a footing.

4.5.    Considering these, we formed a JAC of Inspector (Central Excise) Based Associations comprising of the IRS IDT OA, AIACEGEO and AICEIA. The JAC submitted memorandums to the Board on issues common to the Inspector Based cadres and also on working conditions in the department. The JAC met the Hon’ble Minister of State for Finance Shri. Pon Radhakrishnan on 14.09.2017 and submitted a memorandum to impress upon the GST Council to have Audit and Anti-evasion conducted by CBIC’s (GST) Staffs under the GST Council. 

4.6.    This JAC got converted into The National Federation of Central GST Executive Officers (NFCGSTEO) to project our field requirements before the Board.  The NF was launched at Patna on 07.10.2018.  The first meeting of the NF Council took place at Chennai on 21.11.2018 and a Constitution was adopted for the NF.  We have taken up issues pertaining to all the three cadres through the NF, with the Board.  The Board had sought our explanation regarding the Rules under which the NF had been formed and we have given a suitable reply for the same. 

4.7.    We hope to channelise the interests of the The Ministerial Association and Association representing the Havaldars and Head Havaldars on the CGST side also by having a JAC of CGST Associations as the next step so that the issues pertaining to CGST Officials gets streamlined during the presentations before the re-structuring committee.

Stagnation and re-structuring:

5.1.    For our cadre and the Inspector born community, our chief aim is to get a Group B Service notified in the CBIC in such a manner that the glass ceiling at Group A level could be broken by creating a bypass up to the Joint Commissioner level at least, on a time bound manner and without interfering with the Direct Group A.  For this we have shown the example available in the IFS and also the method followed in State GSTs. 

5.2.    The other important thing we are working upon is to get a clear set of ‘duties and responsibilities for each cadre in each formation under the CBIC’ notified before undertaking any re-structuring so that the exercise will be even handed and the CBIC will really get into a structure.  Towards this we have submitted a copy of the ‘duties and responsibilities in CBDT’ which covers from Notice Servers to the CCITs.

5.3.    We are all aware that in the longer run, the GST in its entirety will have to come under the control of the GST Council to ensure federal implementation of the law.  In that context, we have already taken steps to ensure that in an eventual parting of ways with the Customs, our service conditions should be guaranteed by obtaining of a one-time option to choose between GST and Customs. 

5.4.    When the CBIC tried during the end of 2017 to hurriedly introduce a bifurcation of GST and Customs by resorting to ‘ring fencing of Customs’ but having the hitherto Central Excise /CGST manned formations and posts under Customs with a plan of filling them up on loan basis from CGST, we were forced to move the Hon’ble Tribunal at Chennai.  The Hon’ble Tribunal ordered ‘STATUS QUO’ on 07.12.2017 until the concerns in our OA were disposed off by the Competent Authority.   Accordingly the notification on re-organisation of Customs formations was modified by the CBIC and status quo was maintained in manning of the Customs formations in Land Customs/CGST areas.  The issue is only lurking in the corner.

5.5.    We have also taken steps to get more essential and meaningful existence in the GST in an eventuality of bifurcation of Customs and GST, by putting forth a proposal that cross empowerment should be stopped and the entire anti-evasion and audit functions along with policy issues should be with us under the GST Council.  During a meeting with the then Minister of State for Revenue, Shri. Shiv Pratap Shukla in January 2018, we had sought constitution of a committee for studying the field realities of CGST.   We met the new, young and energetic Minister of State of Revenue Shri. Anurag Thakur on 22.06.2019 as a delegation and stressed on the above issues.    We are happy that both of them have received it with great appreciation.  Shri. Anurag Thakur, after carefully going through our proposals, put incisive questions and remarked that GST Council also requires a machinery.  The Minister has also assured us of an appointment when the re-structuring of CBIC is going to be taken up.  In the company of our other organizations in the NF and in CGST, we are hopeful of getting our rightful place in the new scheme of things in this GST era. 

5.6.    During the meeting on 12.07.2019 the Member (Admn) also echoed our above demand saying that from now onwards the chief activities of CGST officials would be Audit and Anti-Evasion.

5.7.    With regard to cadre restructuring, the gist of final proposals submitted by us is as follows:

     i.        In re-organisation of GST and Customs, either the Board should be bifurcated or the cadres be divided up to a point which would ensure that no junior would become a supervising officer to a senior.

   ii.        During such a division or bifurcation, a onetime option should be obtained from all the staff to enable them to choose between the two streams.

  iii.        Each officer should be ensured of a career progression at least to the extent as shown below:

On completion from entry as Inspector	To be promoted as
8 years	Superintendent
15 years	Assistant Commissioner
20 years	Deputy Commissioner
25 years	Joint Commissioner
30 years	Additional Commissioner
35 years	Commissioner

  iv.        The present number of 2118 ‘Temporary posts’ of Assistant Commissioners should be made permanent and regularized.

    v.        As a permanent measure, a separate Group B Recruitment Rules may be framed in CBIC on the lines of the IFS Gr B Rules.

  vi.        Duties and responsibilities of each post and in each formation have to be notified in definite terms. 

 vii.        Responsibility for scrutiny and adjudication powers to be spread over to cadres up to Commissioners.

viii.        Functions of scrutiny, adjudication, etc should be made flexible for adjacent posts in the hierarchy so as to fit into the requirement of enabling time-bound promotions.

  ix.        Staff strength and infrastructure to be augmented in such a manner as to be competitive with the State GST formations.

    x.        Inspectors to be placed on the pay scale of Rs. 4800 PB-2 and Superintendents on Rs. 5400 PB-2.

  xi.        All Superintendents currently on Rs. 5400 PB-2 to be upgraded to Rs. 5400 PB-3.

 xii.        If Rs. 5400 PB-3 is renamed as Senior Superintendents, Assistant Commissioners to be placed on pay scale of Rs. 6600 PB-3.

(Ref: http://cengo1.blogspot.com/2018/08/final-proposals-of-aiacegeo.html )

5.8.    Out of the above issues, the Temporary Posts of ACs have already been extended for another 3 years.  However, the DPCs have not been held for these posts after April 2018. The Board sought a permission from the Hon’ble Supreme Court in the Bharathan Case in April 2018 to fill up 600 of the Temporary posts only.  We insisted that:

1.      i.        Since regular posts of ACs have not been filled up since 2012 and regularisations are yet to be effected from 1997, all vacancies may be filled up after the said regularisations and after moving the eligible officers to senior time scales as DCs.
2.    ii.     While filling up of the regular AC posts, due regard may 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.   iii.        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.   iv.        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.     v.        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 01.03.86 also, instructions could be issued to all zones to revise Seniority lists of those who joined subsequent to 01.03.86 at least and any further revisions could be done subject to the outcome of the SLP.

5.9.    However, subsequently, litigations have cropped up at various parts of the country with regard to the methodology of adoption of Own-merit concept.  We have been insisting that uniformity in application of any principle be adopted in all zones of the CBIC so that the disparities do not give room for more and more litigations and to get the court cases settled accordingly so that DPCs are not delayed for that reason. 

5.10.  But in practice we found that the CBIC had adopted the policy of engaging with litigations endlessly instead of tackling the issues in an administratively practical and prudent manner.  In this regard, it has been felt that the assistance of the former SG of this Association still claiming the legal right to this Association has been tacitly obtained by them. Pressure was sought to be created upon the Courts in the name of majoritarianism.  We have observed that the Courts have got irritated with this approach and in the Bharathan Case, at one stage the Court expressed its annoyance over the ‘hype’ created, because of the claim by the former SG to be permitted as Respondent No. 8, wherein we had already filed the Counter.  Though the Hon’ble Supreme Court did not entertain the plea of the former SG, the department went on to refer to him as the Association, in their affidavit, even as the matter regarding the legitimacy of the factions remained to be decided by them.

5.11.  At this juncture, it is my duty to thank all the units and members who had generously contributed to the litigation fund to make it possible for us to conduct the proceedings in the Hon’ble Supreme Court in the Bharathan Case and in the OA on Customs Re-organisation.  It is my personal opinion that the Association should not have arrayed itself as a party at the Tribunal level when some members had gone and obtained a Stay.  The administration should have been pressurized to get the stay vacated.  It may not happen in the case of any other Association that the Association will array itself against its own members in a court case pertaining to their personal right or liberty.  The Surat AIEC also confirmed this stand in its resolution stating that ‘this Association representing the entire cadre cannot take stands supporting any particular section when there is a clash of interest between different sections pending settlement’.

5.12.  However as a result of the intervention of this Association at the Tribunal stage, we had been made a party in the proceedings in the Hon’ble Supreme Court where the department had filed an SLP.  Though we wanted to request the Hon’ble Supreme Court to keep aside the dispute and allow DPC to be conducted on an adhoc basis with some undertaking from the department to implement the Parmar judgment within a time frame, our Advocate stated that such pleadings cannot be made in a Counter Affidavit to an SLP, where the SLP is filed on a question of law and the respondents are to respond to the questions of law raised therein.  On this question, we found that the question of law raised was entirely flawed because the question would give room for a junior to be made senior by application of the Parmar judgment only from 1.3.86. 

5.13.  As in May 2019, as per the CBIC website, 1564 out of a total of 4371 posts of AC/DC are lying vacant.  We were informed during discussions with the Member (Admn) on 12.7.19 by the PC Co-ordination that out of the total vacancies in the cadre of AC/DCs only around 600 are pertaining to Temporary Posts.  Thus it is clearly evident that more than 964 posts of ACs in the regular stream are lying vacant.

5.14.  The last promotions for regular AC posts took place in 2012.  As per the reply dated 04.02.19 of CBIC to an RTI query, up to 2017, 950 Direct IRS Officers have been nominated to CBIC. Thus it would be evident that even as in February 2019, there ought to have been more than 1000 posts of regular ACs vacant (Because the period covered in their reply is only up to 2017).

5.15.  We are given to understand from reliable sources that the regular DPCs were not held in CBIC because of a noting by the UPSC in a CBDT file requiring Parmar judgment to be implemented before any further DPCs. 

5.16.  The Convention has to take a conscious decision regarding how to surmount the above problem of vacancies allowed to lie vacant, in spite of heavy stagnation at the level of Superintendents.

Pay scale matters:

          The other vexed issue facing our cadre has been related to pay scales.

Parity with CBI

6.1.    The issue which has been pursued by this cadre from Inspector days in 1993-94 got life with the Order of the Jabalpur Bench of the Tribunal in 1994.  From that point, various modes of approaches on the subject including persuasion through negotiations, Court cases, pleadings before Pay Commission, agitations under the umbrella of COC of Revenue, all put together enabled us to get the revised pay scales only with effect from 21.04.2004.  Thereafter the efforts have been on for getting notional fixation with effect from 1.1.96.  In this matter the proceedings before the Hon’ble Tribunal at Mumbai are going on.  Though the case was filed by AICEIA, we are conducting the same after obtaining due authorization from the AICEIA.  Due to the efflux of time, the previous Advocate engaged by us had become ASG and therefore a new Senior Advocate had to be engaged with fresh fees.  In this matter, the Mumbai Tribunal had already passed favourable orders in the case by ITGOA, against which the CBDT has filed an appeal before the Hon’ble High Court of Mumbai.  Though efforts were undertaken to bring up the matter for disposal in the Hon’ble High Court, it has not fructified till date.

6.2.    In the meanwhile, on different grounds, but based on the same set of facts, another set of litigation is going on at Jabalpur, initiated by the then SG of Inspectors’ Federation and another before the Patna High Court initiated by the then President of this Association.  However, since formally we have not received any of the documents in those cases, we have not involved in the proceedings.  Further, practically before getting the notional pay with effect from 01.01.96 settled, it may not be prudent to rush into other parallel proceedings which involve several thousand crores of rupees as arrears. 

6.3.    It is significant to mention here that when the issue was being discussed in 1998, the IA&AD had already been given a notional fixation with effect from 01.01.96.  When it was suggested that we should first get the notional fixation, our former SG (as GS of Delhi Unit Inspectors’ Association) argued that we cannot compromise on anything other than retrospective effect fixation with effect from 01.01.86 with arrears because we were earning crores for the Government.  The result of such an approach is there for all of us to see.

6.4.    Simultaneously we are pursuing this matter for disposal before the Anomaly Committee also.  Though the anomaly dates back to 5^th CPC, because the 7^th CPC drew an erroneous inference of the 5^th CPC recommendations, we have sought it to be brought under the ambit of 7^th CPC anomaly.

6.5.    Even otherwise, the 7^th CPC had created a fresh anomaly by placing the Superintendents of Posts on the scale equivalent to 5400 P.B-2.  The CBDT has taken a favourable stand before the Anomaly Committee that the pay scale of Inspectors and ITOs be revised to the equivalent scale of 4800 PB-2 and 5400 PB-2 respectively.  However, the CBIC has been dragging its feet.  We have given a detailed memorandum on the subject and also explained the matter to the Member (Admn), Commissioner Co-ordination and the Deputy Secretary concerned.       We have categorically stated in our letter to the Board vide our letter dated 07.11.2018 as below:

“7. Further, it would not be out of place to mention that though the pay scale matter was fought by Associations in the CBEC from 1994 onwards (the then Inspectors’ Associations), and even though the favourable findings by the 5^th CPC was mainly on account of the favourable recommendation of the CBEC, ultimately when the matter went up to the Expenditure in 2004, the CBEC did not support the issue. Our cadres got the benefit only on the grounds that they were analogous to the cadres in the CBDT.  This would be evident from the note of the Expenditure reproduced in para 4.12 above.  Hence it is our humble prayer that this time around, the CBIC should protect the interests of its cadres by recommending this pay anomaly to the Anomaly Committee.” (Ref: http://cengo1.blogspot.com/2018/11/pay-anomaly-5400-paramar-and-more-on.html )

6.6.    Along with the AICEIA, we are continuing our concerted efforts.

5400 PB-2 issue:

7.1.    In respect of 5400 PB-2 to all those who completed 4 years of regular service in 4800 PB-2, a perverse clarification that this would apply only on being promoted as Superintendent was rejected by the Hon’ble High Court of Madras in the M. Subramaniam case in a judgment in 2010.  The case had been filed by Com. M. Subramaniam in consultation with the AICEIA.  After the CAT rejected the plea, from the proceedings in the High Court, the AICEIA decided to financially support the proceedings.  The department filed an SLP against the judgment of the Hon’ble High Court.

7.2.    In this issue, our former SG is seen to have played spoil sport by making a reference to the Chairman of CBEC in his capacity as the General Secretary of the Delhi Unit vide his letter dated 23.12.2008 in the guise of seeking a clarification as to ‘whether four years of service would be counted from the date of promotion or April, 2004 (the date of granting pre-revised scale of Rs. 7500-12,000.)’.  In the same letter a clarification was also sought as to what the lines ‘If an officer has completed four years on 01.01.2006 or earlier, he will be given the non-functional up-gradation w.e.f. 01.01.2006’ meant.  That the very statement regarding completing 4 years as on 01.01.2006 itself clarified the earlier doubt gives clear indication that the real clarification was regarding granting the benefit ‘The interpretation of the Association is that these four years should be counted from the date of promotion as Superintendent in the pre-revised scale ...continuously as also clarified in the RTI reply saying that four years of service will be counted from the date of promotion in this grade (not in scale)’.    The excuse for having sought the above said clarification was the clarification issued by the CBEC dated 21.11.2008 where the mention was only regarding Group B Officers in certain department completing 4 years of regular service in the GP of Rs. 4800 in PB-2.  Nowhere the concept of promotion was there in that clarification.  It is also common knowledge that Inspector cadre was made into a Group B cadre with effect from 11.12.2003 vide CBEC letter dated 21.10.2007.  As a consequence of the clarification sought by our former SG in his capacity as the GS of Delhi Unit, the CBEC, in consultation with the DOE promptly issued another clarification dated 11.02.2009 stating that 5400 PB-2 is available on completion of 4 years of regular service only on promotion and not on ACP.

7.3.    The former SG, who wrote the above letter dated 23.12.2008 in his capacity as the GS of Delhi unit, when the matter pertained to the whole of the cadre and his letter head as SG could have fetched more attention, did not do so for obvious reasons.  The later excuse by him that he had only sought a clarification regarding the change in pay scales with effect from April 2004 will not therefore cut any ice.  That subsequent to the clarification dated 11.02.2009 there was no action from his side to get it for those who reached 4800 PB-2 by way of ACP is well known.       

7.4.    Further, during the AEC of this Association held at Kolkata, in March 2016, when Com. Kousik Roy requested the then SG to intervene in the SLP filed by the department against the judgment in Subramaniam case, the then SG stated that it was only an issue concerning the Inspectors.  When it was pointed out that the beneficiaries have all become Superintendents and therefore this Association should take up the case, the then SG wondered what was to be done by him.  It was pointed out that the SLP had to be brought for hearing and got dismissed and for that a Senior Counsel has to be engaged.  Thereafter the then SG listed out many other issues and cases and stated that a total sum of 6 to 7 Crores would be required for the litigation expenses and wanted donations for the same.

7.5.    Understanding that the SG was not going to intervene in the matter, some individuals amongst us took separate efforts and sought donations to be sent to the account of AICEIA for pursuing the matter.  Many members and even units sent in their donations to the account of AICEIA for this case. Subsequently when the present body took over, the case could be brought up for hearing and by engaging a Senior Advocate we could get the SLP dismissed.  The AICEIA promptly sent the money collected for this case as donation from our members for payment of the Advocate fees and returned the balance of another Rs. 1 lakh also for our subsequent litigation expenses.

7.6.    For the dismissal of the SLP, the orders of the Hon’ble Supreme Court itself on the issue in other departments had been supplied by Com. Vigneswara Raju, which became handy for easy disposal of the SLP.

7.7.    Though the department filed a Review Petition, the same was also dismissed.  We have been pursuing at various levels for implementation of the Apex Court order in rem.  Though the Board had recommended for the same, the Expenditure Department has not till date granted the benefit.  We have also repeatedly cited the pronouncement of the Apex Court in the case of Somvir Rana and sought implementation in rem.  But till date, only applicants who again went to judicial forums on the basis of the Subramaniam case and got relief alone have been granted the benefit.

7.8.    Though the Allahabad Bench of the Tribunal had specifically ordered that the benefit of the Subramaniam case be given to all serving and retired employees, the department has not done so.  In the meanwhile the Chandigarh bench also has specifically ordered that the benefit should be granted to all similarly placed employees in the department. On our behalf, a contempt notice has been served on the Revenue Secretary and the Chairman, CBIC.  Efforts are on to get it implemented to all similarly placed officers in CBIC.

ACP/MACP benefit for Promotee Officers:

8.1.    The Hon’ble High Court of Rajasthan vide their judgment dated 27.04.2016 held that when a junior gets the benefit of ACP, though the ACP Scheme states that the question of anomaly does not arise and the pay scale cannot be granted, it does not stop form granting the same pay and hence the pay of the seniors have to be stepped up.

8.2.    However, the department filed an SLP against the above Judgment. The Chief Commissioner, Jaipur, in a letter addressed to the JS (Admn) suggested withdrawal of SLP in the case.  We have also pursued the matter with the CBEC. As usual they have cited DOE and DOPT as reasons.

8.3.    Hence, efforts to get the SLP dismissed will have to be undertaken.  The Convention may decide on modalities.

Next round:

9.1.    The next round of litigation on pay scale matter has already taken off.  We have been coordinating with individual officers in various parts of the Country for pursuing the demand for 6600 PB-3 and 7600 PB-3 as second and third MACP.  The ground is simple though the path is strewn with knotty administrative misinterpretations.  5400 PB- 2 is only an NFU which cannot be counted as a promotion.  5400 PB-2 and 5400 PB- 3 are not different.  Thus ACP/MACP from 4800 has to be only on 6600 PB-3 and the third MACP has to be on 7600 PB-3.  The Hyderabad bench of the Tribunal has already passed orders on 03.07.2019 in a batch of petitions with the remarks that they see substantial merit in the case and directed disposal of the issues raised in the O.A within 6 weeks of the Order.

9.2.    Concerted efforts are required at the field level on this issue also.

Infrastructure issues:

10.1.  The day-to-day irritation felt in the field has been the frustrating want of infrastructure.  On this issue also there is a clear discrimination between the Customs formations and Central Excise/CGST formations.  While in investigation agencies like DRI, infrastructure is provided more liberally, in the investigation agencies of GST, it is not so.  The situation is worse in the field formations of the CGST.  Even promotee IRS Officers do not get the treatment on par with the DR IRS in such matters.

10.2.  The available office space is consumed by the DR IRS officers FIRST and out of the remaining all others from promotee IRS downwards are expected to adjust.  Whenever this issue is taken up at the Board level, they push it to be sorted out at the field level.  We remember a high official who came to address a COC meeting at Mumbai in October 2016 stating that the Superintendents have to settle the problem of finding buildings.  But effectively it is seen that unless the DR IRS Officers feel the pinch for themselves, they are not inclined to take up the proposals seriously even if our members take initiative. 

10.3.  Similarly, though vehicles are hired for office work, they are practically being used like private vehicles.  On the other hand, the department encroaches upon the privately owned cell phones of our members and other staff for official purposes in the name of linking of Aadhar, SPAROW, etc.

10.4.  Manpower and infrastructure made available to the State GST Officials also have been more superior.  Thus, the field level performance takes a severe beating in comparison to the reach of the State GST.

10.5.  The difficulties faced by the field formations have been repeatedly brought to the knowledge of all higher officers. (Refs: http://cengo1.blogspot.com/2018/12/two-letters-on-difficulties-in-gst.html)

10.6.  The difficulties faced by the field officers have also been brought on record for rectification and corrections. (Ref:   http://cengo1.blogspot.com/2017/12/letter-on-difficulties-in-field.html  )

10.7.  The distress of Range Officers due to back end problems was also taken up with the Revenue Secretary.  Details were put on our blog: http://cengo1.blogspot.com/2019/03/the-distress-of-range-officers-taken-up.html . One of our Comrades, Com. Kakkum Perumal of Tirunelveli had taken stupendous efforts to bring forth these proposals.  They were also subject to vetting and modifications by other colleagues and by members of AICEIA. .  In this issue, we are given to understand that the DG Systems have accepted our proposals and are working on the same. 

10.8.  We have also submitted a proposal to the Hon’ble Prime Minister for re-orienting the Civil Services in such a manner that it will serve the society. We quote some important points submitted in the above proposals:

 “We would like to cite some of important points made by one of India’s leading statesman Shri. Chakravarthi Rajagopalachari, in his inaugural lecture under the name of ‘A Good Administrator’, in the Sardar Vallabhai Patel Memorial Lecture Series:

“The people expect a rise in the general standard of comfort, and this, too, not for one class at the expense of another but among all classes generally, urban as well as rural.

The psychology of the caste nexus and of class differences is strong in India. All the greater is the need for firm and impartial officials, and the common people know this.

If anyone investigated into what most people in India desire as regards government - whether they want democracy, or whether they want a federal or a unitary government, or whether they want the American type of democracy or the British and so on - I guess we shall see that what the people want were honest, efficient, prompt, just and sympathetic officers.

Bad temper is not a substitute for firmness. It does not pay. It leads to being surrounded by worthless people who can stand bad temper. The better men drop off from one who exhibits ill temper or threatens every moment to do so without adequate reason. And the going away of the better men leads to a double loss. You lose good men and you get flatterers and worthless men.

What is essential at the top is the capacity to judge upon relevant advice and to decide promptly and rightly in executive matters. Judicial offices are not the only places where the capacity to judge is essential. To decide in matters executive, quickly and correctly, is a gift of the Gods. And this is it that makes a good administrator. In small as well as great affairs, he proves to be a good administrator who has this talent for right judgment and quick decision.

Character is as important for administrators at every level, from the Chief Secretary down to the last grade servant, as sunlight is to every form of life.”

All resources made available for administration - whether it is office space, residential accommodation, vehicles for performing official duties, finance made available for running of offices, grants for allowances – are taken for granted, to be the private property of the head of administration at each level and within their discretionary ambit. Any questions regarding propriety of use or misuse of these and any suggestions regarding any rules that exist to the contrary would be treated as an affront to authority and viewed with animosity. Any person who would dare to point out the same would be hounded out of the way of fulfillment of the insatiable appetite towards exercise of such discretionary authority.

       Misuse of machinery is indeed the stepping stone for corruption.  Either it is perpetuated or tolerated.  Misuse at every level, to the extent possible, therefore becomes a norm.

       The next major setback faced is in perpetuating the feudal mind set by continued entrenchment of the ‘psychology of class difference’ already prevalent.  The manner in which other staff members in an establishment are being treated goes a very long way in revealing ‘Character’ and ‘Culture’.  We are coming across with increasing frequentness, Direct Recruit Civil Service Officers, being abusive to their subordinates, irrespective of age, rank or experience.  They think that being ill-tempered, shouting, abusing or making disparaging personal remarks (even on files) is a way to show their authority.    They want only a group of ‘chamchas’ around, to increase their ambit of unrestricted exercise of discretionary authority to abuse the system.  Ill temper or bad manners are not used by them just as a substitute for firmness, but even more, to hide their incompetence and at the same time establish their authority over their subordinates and to reiterate that they are the lords of the rings.

 Injustice, corruption and favoritism perpetuated within the system, will automatically boil over the delivery mechanism.  It has a cascading or even a spiraling effect.

            In ‘good governance’, administrators had to be people with equanimity, integrity and character.  Intelligence and strategic capacities were supplementary.    As Norman Schwarzkopf said, ‘Leadership is a potent combination of strategy and character. But if you must be without one, be without the strategy’. But what we are increasingly coming across is that character and civility have been substituted by craftiness and coarseness.

Strict assessment on a 360 degree basis should be insisted upon for any subsequent promotions in their careers, to improve accountability and impartiality in administration.  Erroneous decisions having consequence of harassments should be strictly dealt with like any departmental disciplinary issues. ”

(Full text : http://cengo1.blogspot.com/2018/05/memorandum-to-hon-prime-minister-on.html )

          The pot has to be kept boiling for ensuring a better future.

Other issues:

11.1.  Action taken by us on some of the other important issues apart from the above are:

•      i.        Issues pertaining to difficulties in re-organisation of field formations in Jammu and Kashmir, Pune, Nagpur, Kolkata and Tamil Nadu. 
•    ii.        Incidents at Uri in Jammu and Kashmir where our Officers were harassed by State administration.
•   iii.        Transfer anomalies in Ludhiana and Gujarat.
•   iv.        Setting right the Customs jurisdiction in Kerala at the time of ring fencing of Customs.
•     v.        Anomaly created by retrospective effect for change in bench mark in APAR Grading from ‘Good’ to ‘Very Good’.
•   vi.        Victimisation and suspension of Com. A.S. Kundu.
•     vii.            Reconsideration of Order dated 14.09.2018 passed by Member (Admn) pursuant to order of the Delhi PB of the Tribunal in an OA filed by the former SG. The Order negated our demands on pay scale revision, pay anomaly and time bound promotions. (Full details in : http://cengo1.blogspot.com/2018/10/reconsideration-and-review-of-140918.html )
• viii.        Illegal suspension of Inspectors in Lucknow Zone in the name of unspecified Uniform.
•   ix.        Asking the administration to move Court for quashing of FIR by CBI against Officers in Bangalore at the behest of an Importer against whom departmental proceedings are pending.
•     x.        Inter-zonal or Inter-sector transfers especially in Surat.

11.2.  We have also attended official meetings with Member (Admn) on 18.08.2017 and 17.01.2018 and placed our cadre related problems for the consideration of the Board. 

11.3.  We have submitted our suggestions on the Stagnation Committee report and for amendment to Citizens Charter.

11.4.  We have interacted with Ministers, Officials of the Board, DGHRD, DOE, DOPT etc, on various issues pertaining to our department and cadre.

Organisational:

12.1.  I wish to place on record my sincere thanks to all the Office Bearers of the All India Body and the 25 units who have solidly stood by us. Some of the units had to be built from scratch because there was no democratic set up, subscription collection or elected body there.  In some of the units, ACs still wanted to sit and shoot from the shoulders of our cadre.  Units have participated in all agitation calls with great enthusiasm and have also encouraged their Inspector brethren. Units like Karnataka, Indore, Vidarbha and Kerala had invited me for their General Bodies and I have attended the same. President Com. Sanjay Srinivasan also addressed the GB at Vidarbha.  At Kolkata, along with me Com. Sishir Agnihotri also addressed members in two meetings.  We also had an open session after the inaugural meeting of the Surat AIEC.  Along with me Com. Shishir has also attended the GB of Chennai unit.  The Chennai unit also arranged for a grand press conference.  In all the above meetings, members have participated very enthusiastically in the meetings and have engaged in interactions.

12.2.  Out of the above 25 units, Bihar-Jharkhand Unit is the latest to join us officially.  Though its previous GS and President were in close touch with us, they had not taken any formal decision in their GB regarding joining either of the factions, though the previous GS had handed over their DDOs to the previous SG.

12.3.  Immediately after the Convention at Chennai, our delegation met the Chairman and Member (Admn).  They were very receptive and the Chairman even mentioned that the previous SG should have stepped down after becoming an AC and even otherwise he had stayed quite long and it is always better for organizations to have fresh leadership from time to time.

12.4.  In January 2018, we submitted DDO Certificates for 4498 members and letters of support from our units.  Subsequently in July 2018 we submitted DDOs for another 829 members.  Thus while we had submitted documents to prove a total strength of 5317 and 24 units as on 27.07.2018, we came to know through information accessed under RTI that the Board had entertained a representation by our former SG claiming to be filing some DDOs in his support.

12.5.  A three member committee which met the former SG and team on 17.07.2018 and our team on 27.07.2018, at the end of the meeting with us assured to issue a single line letter clarifying that, ‘since no amendment to the Constitution of this Association to allow ACs to be members has been approved by the GOI in terms of CCS (RSA) Rules, ACs cannot be members of this Association’.  However after we obtained the note files and DDOs submitted by the former SG, the Board issued a letter on 12.02.2019 stating that ACs cannot be members, but if both factions do not come together, then both have to come under different names.

12.6.  We pointed out that once it has been accepted that ACs cannot be members, all activities undertaken by the former SG after his promotion, including conducting of a meeting and getting a body elected in which he himself continues becomes null and void and hence there exists no other faction.  It was also subsequently requested for a categorical assurance from the Board that if both factions have to come in different names, then it has to be other than AIACEGEO.  We have also assured that if the other faction is able to get more than 35% membership in a new name before we submit the same, we will unconditionally withdraw our claim for renewal of recognition in our name.  We have also represented to the DOPT in the matter.

12.7.  There was a meeting with Member (Admn) on 12.07.2019 where we have once again reiterated our claim and stand. The Member (Admn), in our presence has politely pointed out to Sh. Ravi Malik that it was only fair that the Superintendents have their own Association like the Inspectors and the ACs could very well join the Association for promotee IRS Officers.  We also offered to arrange a felicitation and farewell for Sh. Ravi Malik if they attend this Convention.  However, Sh. Venkatesh was adamant that ACs should be allowed to continue in this Association.  We have expressed our inability to accede to the demand.

12.8.  In spite of all these, we have kept our doors open for a joint convention in which units which are so far neutral and are on their side also could attend.  The only conditions we put for the joint convention was that those who represented the units should be elected representatives of the units and if there was a dispute regarding who was the real representative of a unit, then the body elected with majority membership participation as per DDOs should be the basis.  This had to be insisted upon because in Delhi unit itself elections had not been conducted for 7-8 years and in Mumbai for 5 years.  Even today many of the units in Gujarat and UP are learnt to be without elections.  Further, though we are well aware of the situation in Kolkata and Mumbai, the other side has been making propaganda that these units are divided.  The representatives from these units are here and they can vouch to what extend that propaganda is true.  Hence, in such situation, the need to insist on a proper representative of the unit only to take part in the Convention was found absolutely essential.  But the other side has not been acceptable even to these minimum conditions for conducting a joint Convention.

12.9.  The claim from the former SG, in his own words given in his letter, has been based on the support given to him hitherto by the former Chairman and Member (Admn).  He says that the Member attended his meeting at Hyderabad, the Chairman sent him message of good wishes for the meeting.  The CBIC stated in its affidavit before the Hon’ble Supreme Court in the Bharathan Case that ‘he was the Association’, etc. 

12.10.           Apart from the above, we are also aware of the support given to him by the former Chairperson during her visit to Surat in April/May 2018 where she was heard repeatedly stating about the former SG.  In spite of all this canvassing the members and units have stood stead fast and our support base has been increasing every day.

12.11.          As on date, the following is the position of strength on both sides:

DETAILS OF DDOS ESTABLISHING SUPPORT TO THE AIB ELECTED AT CHENNAI CONVENTION

Sl. No	Unit name	Submitted by us on		Total
		17/1/18	26/7/18
1	Aurangabad	-		-
2	Bhopal	0	63	63
3	Bhubaneshwar	-		-
4	Chandigargh	169		169
5	Chennai	477		477
6	Chhattishgarh	123		123
7	Coimbatore	129		129
8	Goa	-		-
9	Jabalpur	29		29
10	Jaipur	326		326
11	Karnataka	692	106	798
12	Kerala	386		386
13	Kolkatta	847		847
14	LucknowCus(P)	-		-
15	Madurai	67		67
16	Malwa	137		137
17	Mumbai	439	382	821
18	Nashik	120		120
19	Pune	134		134
20	Salem	82		82
21	Surat& Daman	166	114	280
22	Tirunelveli	38		38
23	Trichirapalli		154	154
24	Vidharba	137		137
	Total	4498	819	5317
25	Bihar-Jharkhand	Vide their letter to Board dated 16.7.2019		409
	Grand Total			5726

BREAK-UP DETAILS OF DDOS SUBMITTED BY SH. RAVI MALIK

S.No	Name of Unit	Year	Nos	Remarks regarding applicability
1	Karnataka	2014-15 2015-16	217 245	1.       These (Other than Kolkata 2017-18 – 638) pertain to period prior to May 2017 Convention and hence cannot be taken into account. 2.       Multiple years and repeated. As per Check Off rules membership at one point (year) without repetition can only be adopted. 3.       Karnataka, Chennai, Raipur and Kolkata are not supporting them and have given support to our AIB.
2	Chennai	2015-16	309
3	Raipur	2016-17	161
4	Hyderabad	2015-16 2016-17	327 335
5	Kolkata	2017-18 2017-18	613 638
6	Bihar-Jharkhand	2017-18	409	This Unit has declared support to the AIB elected at Chennai Convention vide Resolution of GB dated 15.7.19 and communicated to Chairman vide letter dated 16.7.19.  Hence these should be accounted against strength of AIB elected in the Chennai Convention.
7	Delhi	2017-18	815	Delhi Unit has given letter dt. 17.1.2018 to the Chairman, CBIC that their DDOs cannot be accounted on either side.
8	Hyderabad	2017-18	352	The GB of Hyderabad unit held on 23.02.2019 resolved that the unit does not side with any group headed by ACs and does not encourage ACs to be members of Superintendents’ Association. Thus these DDOs cannot be accounted on the side of the faction headed by AC Shri. Ravi Malik.
9	Vijayawada	2017-18	61	These are the only units supporting the faction headed by Sh. Ravi Malik as on date.  Thus as per the rules of check-off, the actual membership support (Inclusive of ACs) to that group is only -                              -0589-
10	Guntur	2017-18	28
11	Ghaziabad	2017-18	64
12	Ahmadabad, Kandla Kutch		436
	Total		5010

12.12.          The present set of Officers at the Board appears to have understood our position.  However, no decision has come out till this ATR is going for print. The Convention shall decide on the future course of action. 

Conclusion:

13.1.  The two years from the Chennai Convention have been testing and taxing.  Though we have sown seeds for the future growth, sustained nurturing of the issues is essential for their fructification.  We have achieved commendable organizational capabilities at unit levels.  However, members should not make the mistake of expecting immediate results.  We should remember that as a Cadre, we have woken up from slumber after a very long time.  We had allowed certain vested interests, mendicants and dealers to hijack our organization and cadre.  The result was that they kept on repeating the same things over and over again without vision or perhaps the urge to attain them.  The organization at regional and unit levels were stunted and the methods of running the organization were feudalistic. But for the moral authority of the former President Com. Chandramouli, the Chennai Convention would not have happened and the cadre and Association would have continued in the dark rut.   Hence, this Convention has the momentous task to take forward whatever we could achieve in the past two years.

13.2.  I am thankful to the members and Office bearers of Mumbai & Pune, Karnataka and Surat units for having hosted our AECs and members and Office bearers of the Kolkata unit for hosting this Convention.

13.3.  Once again, I thank you one and all for the unstinted co-operation and support during these two years and with all humility, commend this report before this august house.

R. Manimohan

Secretary General