Action Taken Report as approved by the Central Excutive Committee

ACTION TAKEN REPORT OF THE SECRETARY GENERAL, AIASCT

AS APPROVED BY THE ONLINE CEC ON 29.08.2021

Dear friends and comrades,

    This is the second CEC that we have been forced to conduct online due to the difficulties in hosting a meeting physically due to COVID and the restrictions in travel between states and lock down in various places.

    We have lost quite a few of our colleagues and or their family members and friends to this COVID. One of our staunch organizational leaders, Com. Venkatakrishnan too succumbed unfortunately on 22.02.2021. We pay our humble homage to the memory of all those who passed away during the period under this ATR and also all those martyrs who have laid down their life for the country and for the Central Government Employees movement.

    The Economy which had already been gloomy even before the COVID struck, has further got hit due to the two waves of this pandemic. Though we generously contributed to the PMCARES and to various CM Relief funds of the State Governments or UTs and also many of our members contributed to many social service organizations and also very much involved themselves in various relief and charitable works, apart from attending to our routine office work, either physically or online, it is the Central Government Employees who have taken the brunt in the form of a DA freeze. We had made an appeal to make it at least a deposit in the GPF Account with a moratorium on withdrawals for a particular period so that the amount is not permanently lost and it would also ensure that those who retired during that period under freeze did not lose on their various retirement benefits. The National JCM Staff side is also pressing for the same. We can only hope that the Government will listen and avoid giving a raw deal to the very persons who have been working hard during this pandemic, to fight it.

    Our CBIC used the pandemic period to its own advantage. While some welfare measures were announced and carried out, even basic needs to cater to online functioning from home like laptops and mobile phones were not provided to our members, in spite of repeated demands.

    This pandemic period was used by the CBIC to de-recognize our Association under the pretext of the existence of a ghost association. The ghost was created in the mind space by the very same Board. We all know that when the previous SG had not been able to produce DDO certificates for renewal of recognition right from 2015 when it expired, the Board had no qualms. But when this new team took office and submitted more than 35% membership forms as required by the Rules, in 2018, they suddenly hit upon the idea of derecognition. Then perhaps as an afterthought, the Board dug out from the old box the previous SG, made him also give some old papers in the name of DDOs and started claiming that there were two claimants to the title of AIACEGEO and kept the issue dangling. Though they came to the ‘finding’ that on promotion as AC a person ceases to be the member or Office Bearer of the AIACEGEO as per the constitution approved in terms of the CCS (RSA) Rules, still on the strength on the claim made by that ineligible person, they wanted both to come together or with different names. We had been insisting that when they say two different names, then they should at least say that both should come with different names other than the AIACEGEO so that if we change, by default the other entity shall not be continuing with that name by default. On this premise, the Board, derecognized AIACEGEO on 03.12.2020. As could be expected since we alone were there really, we have changed our name, Constitution and name in the bank accounts and obtained DDO Certificates in the new name, within the six months and also submitted DDO Certificates evidencing 41% support as against the minimum required 35%. All this has been done by our Unit Office Bearers during the period of pandemic with great difficulty. Yet, even after our submitting the certificate copies way back in June 2021, the CBIC has been delaying grant of renewal of recognition to us. The game is there for all of us to see.

    The immediate reason for the withdrawal of recognition and non-renewal was to enable them to go ahead with the DPC of December 2020. Though we also had been insisting on the DPC, we had also been pressing for mechanism to settle disputes regarding seniority so that there is no increase in litigations.

    The CBIC has all along been adopting a policy to use the Association against its own members when they resort to litigation. Unfortunately our previous office bearers had fallen prey to such designs. We have however made it plain to the administration at every given opportunity that the department had all facilities to fight legal issues in the Courts and get them resolved. If the verdict is in favour of the individuals or in case of interpretation of statutes, circulars, instructions, etc, the decision has to be applied to all those who have been covered by the said interpretation. The constant refrain of the Board citing litigation as a reason not to conduct its proceedings is bereft of any logic because litigation exists in all departments and in all cadres. If there is more litigation in respect of certain cadres, there too we have explained that the mis-management of the HR of the said cadres is primarily responsible for such state of affairs. So instead of fighting the symptom, cure of the disease has to be resorted to.

    In order to overcome the legal hurdles in conducting DPC for the post of ACs, this Association had proposed that since all the Superintendents who have completed 26 years from joining as Inspectors have already become eligible for GP 5400 PB-3, at least all those who have completed 26 years from Inspector grade could be re-designated as ACs. But this proposal has not been paid heed to by the CBIC.

    Accordingly the promotion orders of December 2020 only deepened the differences between the zones and we immediately brought it to the notice of the CBIC and again reiterated our demand to have a sobering solution.

    But the CBIC did not move to settle it. The reason that the Chairman had given at Bangalore was that the said proposal could not be carried out because all other department would also seek a similar re-designation. We fail to understand which other departments in the Government of India has such a huge stagnation at the Group B level and if so why such a scheme should not be envisaged for them too. The CBIC which is so thoughtful about the promotional prospects of the IRS Officers should also pause to think what morale would be left in the IRS, if one were to join as AC and retire as DC drawing the scale of JC.

    In the meanwhile, a stay was granted by the Mumbai CAT based on the catch up rule. According to the said order in which the primary petitioners are not our members, it appears that the CAT has directed the CBIC to re-cast the AISL as per catch up rule. The catch up rule was upheld by the Hon’ble Supreme Court again when the SLP filed by the department against a judgment of the Hon;ble High Court in Himansu Verma case was dismissed. Further, the adhoc promotion order of the CSS taking precedence from which the CBIC issued the promotion order in December 2020 is also under contempt proceedings in the Hon’ble Supreme Court, which is linked to the Jarnail Singh Case. All these matters standing in the way of issue of AISL and conducting of DPC for the present vacant posts.

    The Parmar Case is yet to be implemented fully even to the original petitioners. Since the Association is also a party in the case, our contempt petition is also still pending. The OM implementing Meghachandra Singh judgment has made it clear that the implication of the said judgment is only prospective. Yet, the Board is not using this time when other litigations are pending, to get this sorted out.

    Even in the case of implementation of the 5400 PB-2 Subramaniam case, the Board has not been able to get it implemented to all the officers concerned, even if they are petitioners or not. Even to the petitioners, arrears is not yet paid after fixation in many places. Even when orders have been obtained from the Tribunals by Association, the benefit is not being granted to the members of the Association. Bangalore Unit reported that Member (Admn) during her visit to Bangalore had assured that she with the Chairman would be meeting the Expenditure Secretary on this issue to get it settled.

    The CBIC used this period of pandemic and inaccessibility to process the CR and send it to the DoPT without conducting consultations with the Staff Associations at the Board level. They have been trying to portray the initial/preliminary consultations by the DGHRM as THE CONSULTATIONS. From what transpires, there is nothing that they have offered in the CR proposals for our cadre. They have only tried to safeguard the higher posts in the Group A without any specific duties and responsibilities in the CGST Act and which have become redundant when compared with the structures of GST in the States and UTs. To ensure that it does not become glaring, they have refused to issue the Duty list for all cadres, though we have been repeatedly insisting from 2017 itself that as per DoPT Monograph on CR itself, Duties and responsibilities of the posts have to be the basis for creation of posts in each cadre. And that precisely is the reason why they have avoided consultations with us.

    We have represented to the CBIC, the Revenue Secretary, the Secretary of DoPT to air our grievance regarding the lopsided CR being submitted by the CBIC. We are given to understand that against a stagnation of around 6000 Superintendents who have completed 25 years from joining as Inspectors, the CBIC is proposing an increase of mere 200 odd posts in the cadre of AC/DC.

    There is a mis-propaganda by vested interests carried on in certain parts of the country where the Association units are not active, that the promotions are being hampered only due to our opposing the CR in its present form. These people hide the fact that even with CR, the vacancies will have to be filled up only by conducting DPCs and that any legal impediments the Board claims to be facing now to fill up the existing vacancies are going to be there after the CR also. The cadre has to understand that our opposition to the CR in its present form is because it does not cater to the stagnation of our cadre and there is no required increase in the AC posts being proposed in the CR.

    Since, the CBIC has continued to turn a blind eye to our cause in respect of the CR, our CEC decided to address memorandum to the Hon’ble Prime Minister of India and the Hon’ble Finance Minister through various MPs and Ministers of the Government of India regarding our plight. Many units have taken up this very enthusiastically and many MPs and Ministers have come forward to highlight our grievance. One of the best letters on our plight was issued in the form of a DO letter by Hon’ble Shri. Nitin Gadkari ji, to the Hon’ble Finance Minister. We are thankful to him and also all other MPs and leaders for supporting our cause. I place on record our sincere appreciation to all the units, office bearers and members who have enthusiastically taken up this mission. Many units and members are still trying. We have to try all our resources to reach the maximum number of our representatives in the Parliament so that the Government will come to know how an entire Board is functioning to protect only the decision making class and a small number which are very dear to them.

    The attitude of the administration has got demonstrated in the 56 J episode of Com. Kundu where it was clearly proved that the department wanted to victimize him only for his Association work. The saving grace was the fair decision of the Representation Committee. In fact this is a great step towards justice which has been hailed by all our Sister Organisations in the CCGGOO as a land mark decision. We place on record the courage, conviction and undaunted spirit exhibited by Com. Kundu in fighting and winning against the injustice and all his friends like Com. S.K. Yadav who stood strongly with him. I should place on record our special thanks to the members of the Surat Unit who gave letters in support of him and calling it clearly a victimization though the unit office bearers did not stir. This letter of the members played a great role in making the DoPT understand the magnitude of the misuse of the provision. The DoPT in fact has asked the CBIC to give us a reply for our complaint against the misuse of the 56J provisions. The CBIC has not yet given its reply and the DoPT has once again sent a letter last month. The CEC has to decide what steps we should take in the matter further. The administration is being armed with more draconian powers like provisions under Article 311 (2) (c ). We know how, whatever may be the intention of the political leadership, the bureaucracy uses every turn to its advantage to put down any organization seeking to claim the rights of the members.

    Similarly in the case of mass transfers in West Bengal, during the height of pandemic first wave, the CBIC was a mute spectator.

    Presently, in the case of postings to Airports in the jurisdiction of the Trichy Customs (P) Commissionerate, when the CC has proposed to conduct interviews as in the case of Customs Pool, even when it has been pointed out that it will lead to corruption, favoritism, nepotism, etc, the CBIC is again silent.

    In the case of supersession of seniors in Chennai Zone for postings to SEZ, though we had initially thought of approaching the Board, which the PCC, Chennai also asked us to do, mercifully interacting with the Development Commissioner of the MEPZ, Chennai enabled restoration of the seniority cum willingness cum fitness for the subsequent order. It came out that the IAS officer could empathize with the plight of our acute stagnation, more than our own IRS Officers who have taken the maximum benefit of the services of our cadre, throughout their lives.

Swami Vivekananda said, “So long as the millions live in hunger and ignorance, I hold every person a traitor who, having been educated at their expense, pays not the least heed to them!” By such a definition, what are the IRS Officers sitting in the Board to be called when having taken the benefit of our services and got their own promotions, enjoying all perks, benefits and paraphernalia, pay not the least heed to our cadre which languishes with just one promotion in their entire career for 35 to 37 years and working in squalid conditions without supporting hands and infrastructure?

    Charge sheets were issued by the PCC, Chennai Zone to Superintendents on the issue of deemed registration. The entire country was exercised over this issue because charge sheets had been issued in most of the cases even without calling for explanation to find out whether there was any fault on the part of the individuals even. It was pointed out that it was not at all related to any revenue loss and the law had mechanism to deal with the issue. The force with which the Associations reacted had made the administration go on their back foot and agree to drop all proceedings. We also helped the individuals to give proper replies.

    Our units enthusiastically participated in the lunch hour meetings on the Attention day on 01.02.2021 as per the call of the NJCA supported by the CCGGOO on a 13 point charter covering the core demands of the Central Government employees.

    During the pandemic, we have taken up with various authorities various issues concerning the staff.

    Last year, we issued diaries to all our members. It had a great connect and created a bond. It carried into the minds of the members all over India, the concept of the new name and logo. It enabled foster the spirit of unity of the entire cadre. The CEC may take decision whether the practice should be followed in the coming year also.

    Hyderabad Unit’s decision to join us was a huge step towards the consolidation of the cadre. Very few units in Gujarat and UP remain, which are functional and still are yet to join the main stream. On the Organisational front, our units have collected more than 6800 DDO Certificates as on date. Some units are yet to collect the DDOs and some not to their full potential. If they had also done it, we would have easily crossed the 51% mark of the working strength. In the annals of the history of this Association, (as AIACEGEO also) never ever has been there a moment when the Association could muster so much membership strength.

    The faith of membership can be gained only with an uncompromising attitude when it comes to defending the rights of the members. Once we start compromising on that fundamental plank, it is the self-respect of the cadre that stands to be pawned. Being courteous is different; being subservient to authority is different. Posts are not of great significance, other than that it is to be taken as an opportunity to deliver. For people of organisation, post is a responsibility and not a power. To those who would say that we have not been able to achieve much in the past 4 and a half years, I would not like to show case any great achievements. The consolidation of the cadre is in itself a major step in the history of the Association. Once we gain in our strength and confidence, other things will automatically happen. Otherwise, our cadre has been all along fed on false promises and make believes as if what was automatically happening was due to great efforts.

    The climate for the Central Government Employees as a whole itself has been very bleak in the last several years. Even strong Associations like that of the Railways have not been able to achieve anything. The most organised Associations like in Income Tax and the IA&AD have also been fighting against several injustices. Hence, we should have a realistic yardstick to assess where we stand and how we have to go about from now and from here.

    It is for this CEC and the coming Convention to design our future course of action to put to proper use this overwhelming support of the members of this cadre across the length and breadth of this country.

    I take this opportunity to place on record my sincere thanks to all Office Bearers and all members for all the support they have provided to the Association.

    Heartfelt thanks is also due to all the members who contributed generously for the solatium to Com. Venkat’s family and to all those who enthusiastically contributed to the Litigation fund.

With fraternal greetings,

R. Manimohan,

Secretary General