ACTION TAKEN REPORT
OF THE SECRETARY GENERAL, AIASCT
AS APPROVED BY
THE 14TH CONVENTION OF THE AIASCT
(FORMERLY KNOWN AS THE AIACEGEO)
AT HYDERABAD ON THE 23RD OF OCTOBER 2021
Dear friends and comrades,
It is amidst a lot of grief that we
are meeting here at Hyderabad for our 14th Convention, the 1st
one after renaming our Association as the All India Association of
Superintendents of Central Tax, a name we chose for ourselves in the 13th
Convention due to the introduction of GST and change in name of our post. (In order to avoid the ordeal of lengthy
reporting on already published facts, I may be permitted to just give the links
to our blog on each subject)
1.1.
Our grief is in a way shared by the
entire world because, like us, many others stand bereaved of their colleagues,
family members and relatives, due to the terrific onslaught of the COVID
pandemic, in waves, devastating lives across the globe.
1.2.
Though we thought that our Country had
been able to successfully overcome the ferociousness of the pandemic in the
first wave, the second wave hit us by complete surprise and with an unexpected
velocity.
1.3.
We lost many of our colleagues, their
family members and friends to this pandemic.Many are still suffering from its
after effects. The DGHRD brought out ‘SHRADHANJALI’
as a homage to all those colleagues in the department who passed away due to
COVID (http://cengo1.blogspot.com/2021/07/our-humble-homage.html.
1.4.
One of the tall leaders that the cadre
had and had served us in various capacities from Inspector cadre onwards, Com.
Venkatakrishnan of Chennai had unfortunately succumbed to co-morbidities after
being infected by this dreaded virus (http://cengo1.blogspot.com/2021/02/red-salute-to-com-venkatakrishnan.html
). Our veteran leader Com. S.K. Biswas
had also left us during this period (http://cengo1.blogspot.com/2020/12/red-salute-to-com-sk-biswas.html)
.
1.5.
We pay our humble homage to all those
departed souls, during the past two years under this report, whether due to the
COVID or due to other reasons.
1.6.
We thank all our members for having
contributed to the PM CARES Fund to fight the COVID (Ref: http://cengo1.blogspot.com/2020/03/cbic-call-for-donations-to-pm-relief.html & http://cengo1.blogspot.com/2020/04/cbic-staff-and-officers-contribution-to.html)
and also for having involved themselves in various relief works at local
levels.
1.7.
We are also proud that we have kept
advising the CBIC regarding the precautions to be taken during the COVID, in
the interest of the Officials as well as department and revenue. (http://cengo1.blogspot.com/2020/03/resolution-of-aiec-in-face-of-covid.htm,
& http://cengo1.blogspot.com/2020/09/letter-for-extension-of-time-for-issue.htmll )
1.8.
We were also one of the foremost to
have objected to the compulsory deduction of donations from salaries as per a
direction from the Revenue Secretary. (http://cengo1.blogspot.com/2020/04/regarding-deduction-from-salary-as-per.html
). Accordingly the instruction was
withdrawn. However, when the Government
of India announced its decision to freeze DA, we gave a pragmatic solution to
defer it instead and impound it by crediting it to the GPF to ensure that
pension benefits do not get affected. (http://cengo1.blogspot.com/2020/05/alternative-to-freezing-of-dadr.html
) Though our entire suggestion has not
come to be accepted, we can be happy for the time being that the pensioner interests have been taken
care of by recent orders.
1.9. We were also successful in ensuring that
unnecessary transfers between stations during the COVID was avoided. (http://cengo1.blogspot.com/2020/06/letter-to-chairman-on-agt-2020.html & http://cengo1.blogspot.com/2020/10/request-for-instructions-not-to.html)
However, in some stray cases like in Kolkatta, the zonal authorities have
shifted officers between stations and created difficulties. Unfortunately, even
after repeated pleas, the Board was not able to make the Zonal CC abide by its
directions.
1.10. A similar stand of helplessness has been
witnessed in the case of selection of Officers on the basis of interviews, for Airport in Trichy, where the Chairman
says that he is against it, but the zonal authorities go ahead with their
plan. Luckily perhaps, instead of
appealing to the Board, by speaking to the Development Commissioner of MEPZ,
Chennai, we were able to restore deputations to SEZ on the basis of Seniority
cum willingness, which had been disturbed in 2020.
2.1. The pandemic has also set a new working style all over the
world. The concept of Work from Home, which was unimaginable for Government Service,
became a norm. Our Association could take pride in the fact that we were one of
the first to have suggested measures to the DoPT immediately on the onset of
the first wave, various measures including Work From Home and other measures
for leave, reimbursement, etc. (Ref: http://cengo1.blogspot.com/2020/03/memorandum-to-honble-pm-on-measures-to.html, http://cengo1.blogspot.com/2020/04/clarification-sought-from-dopt-and-cbic.html, http://cengo1.blogspot.com/2020/04/relaxation-sought-from-dopt-on-leave.html)
2.2. Though the Government, through the DoPT and Health Ministry
issued various instructions and introduced various measures including the
encashment of LTC, our Board has singularly refused to contribute towards
enabling better working of the department.
It has refused till date to supply Mobile Phones (Ref: http://cengo1.blogspot.com/2020/02/resolution-on-smart-phone-supply-passed.html)
and Lap tops to the Officers of the department who were required to Work From
Home, using their personal equipments.
Though we had given a call for withdrawal of personal mobiles from
office work, Ref: http://cengo1.blogspot.com/2020/02/letters-to-be-given-by-unit-office.html)
we suspended the call due to COVID and necessity of Working from home. However,
our repeated demands for supply of these basic ingredients to enable execution
of official work have repeatedly been met with only assurances and assurances
again. But, the Board did not however
fight shy over the fact that the personnel in the CBIC did excel in rising up
to the occasion in meeting out targets, even during the pandemic, whether by
attending duty in office, field or from home.
2.3. As if to add insult to injury, there were even instances of
disciplinary action contemplated against persons on charges of ‘deemed
registration having been allowed’. No
facilities for conducting Physical Verification had been put in place, again in
spite of repeated demands from our side (http://cengo1.blogspot.com/2020/10/difficulties-in-pv-for-registration-in.html
). Even when we along with the AICEIA,
objected to the decision to supply two wheelers to Inspectors and demanded that
instead four wheelers be supplied to the Ranges, (Ref: http://cengo1.blogspot.com/2020/02/aiec-rejects-proposal-to-supply-two.html)
the CBIC, has gone ahead with supply of two wheelers only. They did not mind the fact that when Officers
of equivalent ranks to that of Inspectors of GST, in the States and UTs and
other departments in the Central Government itself, are equipped with four
wheelers, expecting the Inspectors to go on two wheelers, denigrates that post
as well as the worth of this department.
Inspectors are being pushed down to the level of Constables in the
Police Department. But of course, all in
the department very well know that actually these two wheelers will not cater
to official needs, but will be most probably used by contingent employees to
cater to the needs of the ‘Higher Officials’, just like the four wheelers
already allotted for office use is under the use of ‘Officers and family’. The reluctance to allow the Ranges to have
four wheelers is therefore quite understandable.
2.4. In spite of all the above odds, during these trying times, our
members have enabled the CBIC to meet out targets, on the GST front as well as
on the Customs side. Though the CBIC and
more importantly the Chairman’s weekly News Letters have projected various
activities of the Customs, the GST side has, as was in the case of the
erstwhile Central Excise also, gone largely unsung. The other major factor that was not being
mentioned in various projections of the Customs exploits also was that
Officials doing the actual field work had been from CGST and that most of the
inputs and logistic activities had been provided by the community of
Superintendents and Inspectors. While
the tendency to blame anything on the lower level staffs is easy, when credits
were achieved, they were invariably the achievements of the Officers mainly of
the IRS.
2.5. We place on record our sincere appreciations to all our members
for having stood steadfast by the Nation in these trying times, in spite of all
the above de-motivating factors.
3.1. The pandemic had another debilitating effect on our Association
activities. We could not travel. We could not have physical meetings among the
Office Bearers or with members. We could
not organise meetings of members due to COVID protocols. Other than one AIEC at Nagpur and one AEC at
Delhi, we have been forced to hold only online meetings and online
consultations. Moving to Delhi to meet
with Officials of the Board has also been adversely affected.
3.2. But the Board has fully used this opportunity of our being
immobilised and rushed through the Cadre Review Proposals with full speed. We understand that the proposals were first
sent to DoPT, even when the Board was not full, without holding consultations
with the Staff Associations at the Board’s level. The preliminary discussions that the DGHRD
had with the Associations is being projected as the ‘consultations’. We fail to understand then why there should
be a Board itself, if DGHRD is the competent authority to consult and finalise
a major issue like Cadre Review.
3.3. This is only in line with the policy that has come to be followed
by the CBIC as a matter of routine in the past 4 years. To be precise, as soon as the new committee
took over at the Chennai Convention and after the Board came to know that this
new Committee was not to dance to the tunes of the Board, they have adopted an
approach of non-co-operation with the representatives of the cadre. In our case, it was by creating an artificial
divide of the Association by entertaining a rival claim in the name of
AIACEGEO, pretty well knowing that the so-called claimant was already promoted
as AC and was therefore not entitled to continue in this Association or to make
a claim as Secretary General, nor did he ever have the required support of 35%
membership established. The other
recognised Associations also have met with the same fate of non-hearing by the
Board in the matter of CR.
3.4. Though after the DoPT made a reference to the Dept of Revenue
on the basis of our representation to settle the recognition matter the CBIC
did hold a meeting with us along with the so-called rival claimants, the
decision of the said meeting, though dated 8th of August 2019 was issued
only after the conclusion of our Convention on 12th August 2019. The
Board wanted to wait for further confusions.
This letter however, though made it clear that on promotion as AC, a
person was not entitled to continue as member of this Association, let alone as
Secretary General, the Board once again failed, deliberately, to take note of
the simple fact that a claim by a person not entitled to be a member and
Secretary General should not have been entertained itself, in the first place
and once it is settled so, then the election of the former Secretary General at
Kandla also was void and Com. Bansal ji automatically became the Secretary
General elect at the Gandhidham meeting held in May 2017 parallel to the
Chennai Convention, because he was the lone contester against Mr. Ravi Malik
and Mr. Malik’s candidature had been challenged during the said election itself. Com. Bansal ji promptly issued a letter in
that capacity. (Ref: http://cengo1.blogspot.com/2019/08/the-clear-clarification-of-board.html
) We submitted a detailed memorandum
giving the entire chronology of events leading to the created stalemate on the
recognition matter. (Ref: http://cengo1.blogspot.com/2020/01/this-game-is-quite-easy-to-understand.html)
For any one with eyes to see, the game could be evident.
3.5. Subsequently, when by December 2020, the options
of the Board got exhausted, the CBIC de-recognised AIACEGEO on 3rd
December 2020 and said that both factions should adopt two different names and
seek fresh recognition in such new names.
Since the Kolkatta Convention had already decided the new name of this
Association and also as per the Kolkatta Convention decision, the AEC in its
meeting at Delhi had adopted a new Constitution in October 2019, we were able
to immediately communicate the new name and Constitution on 4th of
December 2019 itself. (http://cengo1.blogspot.com/2020/12/our-response-to-letter-dated-03122020.htmlThereafter,
in spite of the severe pandemic, our Unit Office Bearers have collected DDO
Certificates to evidence more than 41% membership support against the minimum
required 35% for recognition. The so
called rival claimants had neither changed their name of Association nor
submitted a single DDO Certificate in such new name. Yet, even after we
submitted the DDO Certificates in June 2021, till date, the CBIC is sitting
over the matter. The last thing that was
heard was that they were verifying the membership strength of our Association
from the field formations. All Associations
had been recognised based on the DDO Certificates produced by the Associations
themselves. In the case of our own
Association itself, there had also been an instance where renewal of
recognition was granted based on the remarks of ‘no other claimant’, because,
there was no 35% DDO itself. But now,
the CBIC wants to verify only in our case. However, we have fulfilled our
obligation by submitting DDOs evidencing a support of more than 53% of the
total working strength of the cadre throughout the Country. The cadre should understand that the ruse of
recognition is used by the Board only like a spike to control the
elephant. Once the elephant is able to
understand the psychological game, then things will be different.
3.6. We are aware that in the case of Customs ring fencing, due to
our intervention through an application before the Hon’ble CAT, Chennai, we had
been able to stall bifurcation of the cadres.
This had been the first point to earn the displeasure of the Board. The next one was when we did not fall in line
with the Board’s stand in the Bharathan case.
The subsequent judgment of the Hon’ble Supreme Court has vindicated our
stand. Yet, the Board is not able to
digest truth.
3.7. This Association had given ample
opportunity to the Board to overcome the difficulty in the Bharathan Case and
its fall out in recasting seniority list of all zones wherever N R Parmar had
not been implemented. In fact, the main
plea of the department before the Hon’ble High Court of Madras in this case
itself was that it was difficult for them to recast the Seniority List in all
zones and then revise the AISL. With the
Hon’ble High Court clearly directing that there cannot be discrimination
between different zones and the SLP against that order getting dismissed on
25.09.2019, the Board was bound to recast the Seniority Lists (http://cengo1.blogspot.com/2019/09/dismissal-of-slp-by-dept-in-p-bharathan.html
). The matter was discussed with the
DGHRM and Board elaborately and the need for corrective measures to conduct DPC
and avoid further litigations was impressed upon them. (http://cengo1.blogspot.com/2019/10/meeting-with-dghrm-member-admn-on.html)
. It was emphasised to them that instead
of finding fault with individual or group of officers in going for judicial
remedy, measures to address the reasons for their frustrations should be
undertaken. This Association offered two solutions: (1) to fill up the
temporary posts on the basis of combines length of service (Special steps for
DPC requested: http://cengo1.blogspot.com/2019/10/special-steps-requested-for-dpc-to-ac.html
) (2) in the form of a suggestion to
re-designate all those who had completed 26 years from the Inspector Grade as
Assistant Commissioners since after 26 years of service from the grade of
Inspector one would be entitled for the 3rd MACP even as per the
interpretation of the department to the MACP rules (http://cengo1.blogspot.com/2020/06/resolution-suggesting-method-for.html
). When the Board did not accept the
suggestion, nor implement the Bharathan judgment to all zones uniformly as
directed by the Hon’ble High Court of Madras, the AEC of this Association held
on 12.08.2020 had no other option but to abide by the advice of our Advocates
and file a contempt plea before the Hon’ble High Court of Madras,which was done
on 22.09.2020 just three days before the expiry of the one year time period
from the date of dismissal of SLP).The Hon’ble High Court has issued notice and
the matter is pending as on date. Some units like Mumbai, Karnataka, Pune and
Kerala have sent contributions towards the Litigation fund and members from
Chandigarh and Tamil Nadu have sent in donations as per the call given by the
AIB. The details of donations received from the members of Tamil Nadu and from
Chandighargh have been given in our blog.
We thank all the units who sent in their donations and salute all
individual members who took the pains to send the donations directly. (http://cengo1.blogspot.com/2021/10/thanking-donors-for-parmar-litigation.html
)
3.8. The behaviour of the Board in the Bharathan case has showcased
how biased the Board is even in accepting orders or judgments of the Courts.
While in the case of implementation of the same NR Parmar, the judgement in
respect of Customs Preventive Officers in Mumbai was accepted and settled at
the level of Mumbai High Court, when it came to Central Excise/GST Officers,
the Board would not want to implement even after an SLP is dismissed. Of course, this Customs bias has been visible
all along. Even in the implementation of
the Dudeja judgment of the Apex court and in apportioning the 2118 temporary
posts to Customs also, though it was meant for stagnation initially.
3.9. The Board took the excuse of the judgment
in the Meghachandra Singh case to further delay implementation of the Bharathan
judgment to all zones as per the judgment of the Hon’ble High Court of
Madras. However, after the OM issued by
the DoPT in pursuance to the Meghachandra Singh judgment, it has become clear
that the said judgment has altered the very basis of quota rota against DR and
PR vacancies and that the effect of the changed OM will have only a prospective
effect. As regards the bar for
retrospective implementation of NR Parmar as per para 5 )h) of the 2014 OM of
DoPT, , the Bharathancase has already overcome the same. Accordingly, we have already, in consultation
with our Advocate, requested our members to give separate letters for
implementation of the NR Parmar decision to them as per Bharathan case
decision. (For in rem implementation of Bharathan (Parmar) case: http://cengo1.blogspot.com/2021/09/aisl-with-effect-from-112007.html
)
3.10. In this context, it is important to observe that in another
seniority related issue, the CBIC has taken a decision to implement the
decision in the Matharoo judgment for petitioners as well as non-petitioners
who are similarly placed. (http://cengo1.blogspot.com/2020/02/seniority-issue-in-rem-in-matharoo.html
)
4.1. The other major case which has engaged our
attention through out the period under report is the in-rem implementation of
the judgment in M. Subramaniam case (5400 PB-2 on completion of 4 years in 4800
PB-2). There was a misconception among
several persons that this was a case related only to DRs, Only after its implication was explained in
various fora, it was properly understood and all members of the cadre stood to
benefit. Though the Board was repeatedly
trying to get the decision implemented in rem and we also have been insisting
by letters and meeting with Member (Admn), officials of the Expenditure, etc,
(: http://cengo1.blogspot.com/2020/10/letter-for-implementing-subramaniam.html)
during our meeting with them, it was stated to us that if we get an order in
the name of the Association, then it could cover all our members. However, even
where we have obtained orders in the name of the Association from benches of different
Tribunals, the department has been refusing to implement it for the members and
stating that only for the member petitioners, it would be entitled. The members are forced to approach the
Tribunals in batch petitions again and again. It has lead to a situation where
contempt petitions had to be filed in Karnataka and Kolkatta. Many serving and
retired employees are yet to get this legitimate fixation, due to the blinkered
approach of the CBIC.
4.2. Another pay matter which has been decided by the Hon’ble
Supreme Court is in respect of granting the pay on par with that of an ACP/MACP
beneficiary is in favour of the promotee Officers who are being denied
ACP/MACP. However, in spite of the judgment, every litigation on the same issue
is being taken on SLP. Com. Bansal is co-ordinating fighting of the case. (http://cengo1.blogspot.com/2019/10/request-for-contributions-for-fighting.html
) This is a case where the then Member (Admn) took special interest as per
advice of DoPT to meet the ASG in person and get a revised legal opinion to
file SLP against the individuals who had got a favourable verdict from the High
Court. The ASG had initially opined that
since it is a decided issue, there was no merit in filing SLP.
5.1. The main issue which has consumed our attention throughout the
last two years has been the Cadre Review Proposal of the CBIC. The DGHRM had called us for discussions while
formulating their draft proposals. We
had given detailed submissions in writing and also made oral submissions. When the draft was published for our feed
back in November 2019, we found that three vital ingredients were missing in
the draft proposal. One was that they
had not defined the duties and responsibilities for each post as we had
consistently demanded. We had repeatedly pointed out that only with such a
definition, the actual number of posts for each cadre according to the actual
work load could be determined. This was also a necessary parameter as per the
DoPT’s monograph on Cadre Review. We had
also provided a copy of a similar duty list in the CBDT. The second ingredient
which was vital and missing was comparison with the cadre structure in GST of
States and Union Territories. The draft proposal did not even care to make a
comparison for obvious reasons, though we had supplied sufficient inputs. The
third vital ingredient which was not mentioned in the draft was the draft
Recruitment Rules for the proposed Branch B Service. Here again we had supplied the rules in IFS
Group B Services and also provided ourselves with a draft RR for our Branch B
Services. Unless this was made clear, it
would not be possible to find out whether the proposed Branch B Service would
really cater to our requirement of overcoming stagnation and zonal
inequalities.
5.2. Even before the draft CR was circulated, when the RRs for the
Superintendent post was issued wherein the qualifying service had been reduced
to 2 years we had demanded issuance of
RR for Branch B Service independent of the CR since it was humiliating that a
person with 2 years (or even 1 year) of experience from the grade of Inspector
would be a Superintendent even as a person with 35 years of service from the
grade of Inspector also would be Superintendent only. (http://cengo1.blogspot.com/2019/08/call-for-immediate-notification-of.html)
5.3. When the draft CR proposals were sent to
us for our comments (http://cengo1.blogspot.com/2019/11/cadre-restructuring-proposals-for.html),
we immediately held a meeting of the CR Committee on 02.12.2019 at Chennai and
submitted our Resolution on the issue (http://cengo1.blogspot.com/2019/12/resolution-of-cr-committee-on-cadre.html
).The following resolution was passed unanimously after a thorough discussion
on the CR Proposals in CBIC circulated by the Board for suggestions of the
Association and also the points received from individuals and Units of the
Association:
“The AIACEGEO welcomes the proposed introduction of
the Branch ‘B’ Service in the department, as was demanded by this Association,
but it falls short of the expectations and aspirations of the acutely stagnated
cadre of Superintendent of Central Excise for the following reasons:
1)
It
starts from the AC level instead of Inspector level.
2)
The
number of posts being proposed in various cadres in the Branch ‘B’ Service does
not cater to the requirement of providing at least 5 promotions for the Group B
Services from the cadre of Inspectors, for which purpose the very proposal had
been placed by us.
3)
The
ratio between the posts in the Branch ‘B’ Services for the posts from AC
onwards appears to be very much lower than the ratio between the posts in the
Group ‘A’ Service.
4)
Though
the CR proposal discusses about stagnation, the stagnation in the cadre of
Superintendents of Central Excise where stagnation is the highest, with those
who were recruited as Inspectors of Central Excise having got only one
promotion in their entire career, has not been addressed.
5)
Though
the CR Proposal starts by stating that the duties and responsibilities have to
be redefined and though we have demanded that clear duty list be issued for
each cadre to justify creation or retention of posts in each cadre, the same
has not been done, even though this Association had submitted the duty list of
CBDT as required by the DGHRM during the discussions in 2018.
6)
Though
the CR Proposals have started by stating that there is a requirement to staff
the Central GST on par with the State GST, the actual recommendations for CR
has not re-structured the field formations and posts on par with the State
GSTs. Though the CR Proposal has
accepted our request for recruitment of Drivers, there is no recommendation for
having other supporting staff in the field, as is available in the SGST which
had been exhaustively submitted by this Association in its final proposals for
CR.
7)
The
(CR) proposals have failed to take into consideration the workload in the CGST
(refer Para 2.2., Chapter 4) for recommendation of posts in separate cadres.
8)
The
ratio between the CGST, Customs and Directorates as per the CR Proposals viz.
45: 40: 15, is seen only to increase supervisory organisations, hampering the
GST field activities.
9)
The
CR Proposals have not mentioned the draft Rules for the proposed Branch ‘B’
Service.
10) The proposal
in the CR to merge the post of CAO with the ACs is not justifiable based on the
difference in nature and level of responsibilities between the two and that the
persons from lower posts like LDCs itself are occupying CAO Posts while even
Inspectors who joined/were promoted before them are still only Superintendents.
Hence,
it is unanimously resolved to request the CBIC to:
Ø To issue the
draft Rules for the Branch ‘B’ Services;
Ø The Branch B
service to start from the Gr. B cadre of Inspector;
Ø To have the
total number of Sanction Strength as on date which are to fall under the above
said Branch ‘B’ Service, viz., Inspectors, Superintendents, Promotee ACs and
DCs as the total strength of the said Service;
Ø To create posts
upto the level of JCs in such a manner as to accommodate the requirement of 5
promotions within that Branch ‘B’ Service;
Ø To integrate
the Branch ‘B’ service with IRS at the level of ADC;
Ø To define or
redefine the duties and responsibilities for each post in the field formations
of the CGST as per the above requirements in such a manner that the services of
the Officers who are getting salary equivalent to promotional posts are
utilised at higher levels of responsibilities, which will also be expenditure
neutral;
Ø To reorganise
the field formations in CGST in such a manner as to align with the assesse base
and work load;
Ø If required,
to move out some of the senior level posts in the Group ‘A’ to other
areas/departments so that their services are better utilised and their morale
also does not get affected;
Ø To ensure that
there will not be any discrimination between the Officers in the same cadres,
whether from IRS or Branch ‘B’, in matters of postings and transfers;
Ø To ensure that
a separate class is not created within a class in respect of Directorates, free
flow of movement of Officers between Directorates and other formations of the
CBIC should be mandatory;
Ø Not to merge
CAO posts with the ACs;
Ø To have
jurisdictional allocations and formations in consultation with the local
Associations and local administration in such a manner that there will be
uniformity in respect of jurisdiction, Headquarters and work load;
Ø To reduce the
number of Directorates and keep them at reasonable levels with functional
justifications;
Ø If the merger
of cadres of Central Excise and Customs as Branch ‘B’, is not carried out, the
entire CR Proposals has to be reviewed and this Association should be heard on
the revised proposals.”
While we made our detailed
submissions, we made it a point that the submissions were not final and we
would submit our final comments on receipt of the (1) Duty list and (2) RRs for
the Branch B Service. Apart from that we
also pointed out that the structure was not comparable to that of GST structure
of State and UTs and that there were many other deficiencies. (http://cengo1.blogspot.com/2019/12/let-us-be-determined-to-save-our-day-be.html)
5.4. On 03.12.2019, the National Federation had
also met and passed a resolution on the Cadre Review Proposals. The next day,
on 03.12.2019, the NF Council also had their meeting at Chennai on the CR and
passed the following resolution:
“The National Federation of CGST Executive
Officers welcomes the proposed introduction of the Branch ‘B’ Service in the
department and the proposed merger at the Inspector level, but feels that some
clarifications are required to put to rest certain doubts and apprehensions
among members. Therefore, the following points are placed:-
1)
The
draft Rules for the Branch ‘B’ Services require to be issued for further
discussions to ensure addressing the actual stagnation and that every officer
gets at least 5 promotions from entry grade in the Branch B.
2)
The
presently proposed number of posts at the level of AC, DC and JC in the CR
Proposals are not commensurate to the actual duties and responsibilities
required in these posts in CGST.
Therefore, reorganisation of the field formations in CGST have to be done
on par with the staff pattern of SGST and so as to align with the assesse base
and work load, taking into consideration the Value, instead of tax revenue (as
done in the case of Customs), Number of documents handled, assesse base and
number of reports sent from the field formations and accordingly the posts of
AC, DC and JC be revised upwards.
3)
Merger
of Branch B Service with IRS may be done at ADC level and therefore there will
not be any justification for having exclusive ADCs and Commissioners in Branch
B Service.
4)
The
duties and responsibilities for each post in the field formations of the CGST
as well as in the Customs require to be redefined to justify the posts proposed
in the Proposal.
5)
Any
merger of Cadres from outside the present Executive Cadres into the Executive
Cadre (Branch B Service) could be done only subject to the condition that the
rules to fix inter se seniority between these two are as per the DOPT
instructions regarding inter se seniority between persons recruited to
different levels of cadres and through different examinations.”
5.5. Independent of the above, we had also
submitted a brief of Service Profile of Supdts to DoPT (http://cengo1.blogspot.com/2019/10/brief-submitted-to-dopt-service-profile.html)
repeated our demand for Duty list (http://cengo1.blogspot.com/2020/09/letter-to-define-duties-and.html
), submitted our suggestions when a task force was constituted for determining
the duties in Ranges and Divisions (http://cengo1.blogspot.com/2021/01/submissions-to-task-force-on-duties-in.html),
submitted our suggestions for scrutiny of returns (http://cengo1.blogspot.com/2020/09/suggestions-on-guidelines-for-scrutiny.html
)
5.6. During the meeting with the Chairman and
the Member (Admn) at Delhi on 28th of January, 2020, the need for a
discussion by the Board with the Staff Associations on the CR proposal of the
DGHRM was specifically emphasised. We
also pointed out that the number of posts recommended under the proposed Branch
B Service would not be sufficient for catering to the heavy stagnation in the
cadre of Superintendents. (http://cengo1.blogspot.com/2020/01/message-from-delhi.html)
5.7. Though the then Member (Admn) and the
present Chairman had agreed to discuss the matter with the Staff Associations,
we came to know later in January 2021 that the CR proposal of the CBIC had been
sent to the DoPT, WITHOUT the Board
conducting any hearing with any of the Staff Associations. The time at which such a drastic step had
been stealthily taken was when COVID was at its peak and when the vacancies in
the Board had not even been filled up and the Chairman was also holding charge
of the portfolio of Member (Admn).
5.8. Immediately on coming to know of this, we
had taken up the matter with the Revenue Secretary, the Hon’ble Finance
Minister and the Secretary DoPT. Along
with the AICEIA, we decided to submit a joint memorandum with exhaustive data
and details, to the Hon’ble Prime Minister and Hon’ble Finance Minister through
various Members of Parliament. (http://cengo1.blogspot.com/2021/08/march-along-with-joint-memorandum-call.html
)
5.9. Accordingly, the joint memorandum has been
submitted to the following Members of Parliament/Ministers for recommendation:
1. Shri. Shishir Agnihotri and Shri. H.S Bajaj met
and submitted the memorandum to Shri
Kaushal Kishor MOS on 06.08.2021 and ShriSubratPathak M.P from Kannaujon 05.08.2021which was forwarded.
ShriAgnihotri also met Pankaj Chaudhry MOS on 06.08.2021 and Sangamlal Gupta MP
on 14/08/2021
2. Chandigarh Unit
metShriArunSood State BJP Chief and ShriSomPrakash, MOS and submitted the memorandum
3. Delhi Unit met Shri Ramesh BidhuriM.P.South
Delhi and Chair person of Standing Committee on Petroleum and Natural Gas and
submitted a memorandum which was forwarded to FM on 14.08.2021
4.Chattisgarh Unit met Loksabha M.P
ShriBijayBaghel and submitted a memorandum which was forwarded to Honourable FM
ON 06.09.2021
5. On 21.08.2021,Vidarbha Unit along with
Secretary General of AIASCT and AICEIA met Shri Nitin Gadkari ji Union Minister
and presented a memorandum. He wrote a DO Letter on 23.08.2021 to the FM
strongly recommending the causes espoused in our memorandum.
6.Karnataka Unit
metShri PC Mohan M.P from Bengaluru Central on 22.08.2021 and Shri
Tejaswi Surya MP on 24.08.2021. Both of them promised to forward our memorandum
to FM.
7. Bhubaneshwarunit metMrs.AprajitaSarangiMP on 16.08.2021 and
ShriDharmenderPradhan, Union Minister on 20.08.2021 who assured to forward the memorandum
8.Kerala Unit met Shri V. MuralidharanMOS on 20/08/2021 and submitted the memorandum
9. Malwa Unit Met KailashVijayvargiya, National
Secretary of BJP on 21/08/2021 and
submitted the memorandum
10. Coimbatore Unit met Shri P.R.Natarajan M.P from
Coimbatore who forwarded the memorandum to Honourable PM & FM
11. Madurai Unit Met S.Venkatesan M.P from Madurai
and handed over a memorandum on 26.08.2021 who assured to forward the
Memorandum to Honourable PM & FM
12. A delegation of office bearers from Coimbatore
and Trichyalong with the SG met Trichy Siva MP on 06.09.2021 and presented a
memorandum. He promised to take up the matter with the Revenue Secretary.
5.10. This august house has to take the above
developments into consideration and take concrete decisions regarding how to
move ahead to get our just and fair demands settled. We are aware that an entire generation of
Superintendents will be retiring only as Superintendents, without getting even
a second promotion in their entire service, in spite of having dedicated their
entire life for the welfare of the department.
6.1. When we wrote to the Hon’ble Prime Minister of India regarding
the unjust method of using Rule 56 J without providing an opportunity for the
individuals to even defend their honour (http://cengo1.blogspot.com/2019/08/urgent-intervention-of-pm-and-fm-sought.html
) in violation of Fundamental Rights, seldom did we think that these draconian
provisions could be used even for victimising Office Bearers of Associations
for performing their Association work. The PMO did mark our representation to
the DoPT (http://cengo1.blogspot.com/2019/09/pmo-refers-our-representation-on-56j-to.html
) but the arbitrary acts have continued.
6.2. When our ASG Com. Kundu was served with a notice under 56 J,
many said that it could not be fought.
But we took up the matter (in spite of threats by the highest in the
CBIC) and represented not only to the DoPT but also the Representation
Committee, armed with letters from the members of the zone testifying that the
move of invoking 56 J was only vendetta by the zonal administration due to the
action of Com. Kundu when he was the General Secretary of his unit. Com. Kundu also fought with individual
representations and had also filed a petition in the Tribunal when the decision
of the Representation Committee was delayed.
The department invented reasons for the delay in filing even para-wise
comments on the representation of Com. Kundu .
But ultimately the Representation Committee found that the provisions
had been wrongly invoked and as a result the notice under 56 J was struck
down. It was a historic win for the
Association and Com. Kundu.
6.3. The DoPT has sent a communication to the CBIC enclosing our
representation on the misuse of 56 J in Gujarat and asked the CBIC to give a
reply to us. But till date, no reply has
been given by the CBIC nor has the CBIC taken any action against the
Official/Officials who misused the provision for blatant victimisation. It is for this august house to decide what
should be done further to ensure that the authorities in CBIC do not misuse
provisions in future, in a similar manner.
6.4. Victimisation has continued in Lucknow
zone also, though it is in the case of Inspectors, that too for not wearing an
unspecified ‘Uniform”. We have protested
against such victimisations where young officers are unnecessarily harassed
just to satisfy the ego of certain higher officials. (http://cengo1.blogspot.com/2020/09/letter-for-extension-of-time-for-issue.html). To justify their acts, the CBIC made another
decision to continue with the ‘unspecified uniform’, quoting some non-existent
texts. We have clearly stated that there is no justification for uniform in GST
and there was no uniform either after BEM was introduced. (http://cengo1.blogspot.com/2021/03/will-inspector-raj-return.html)
7.1. Other issues raised by us during the
period under report are:
a)
We raised the issue regarding
non-holding of DPC for MACP in Chandigarh and the process was accordingly
initiated there.
b)
When there were certain issues in
Ranchi Zone related to AGT, we intervened and the Chief Commissioner
immediately obliged and sorted out the matter in consultation with our unit
Office Bearers there.
c)
As discussed in the Nagpur AIEC, we
have requested for in rem implementation of PankajNayan Case of Delhi
Commissionerate in respect of seniority and promotion, where juniors got the
benefit ahead of their natural seniors.
d)
We intervened to get the acceptance of
Board for CAT orders in respect of 5400 cases of different zones, when it
became delayed due to roster attendance on account of COVID.
e)
We intimated our resolution that there
should not be any bifurcation or creation of CCAs and also that whenever any
jurisdictional changes are done in GST/Customs during any re-organisation, the
local unit and Association should be consulted and changes effected
accordingly.
f)
6600 as MACP as in CAG: http://cengo1.blogspot.com/2020/10/for-6600-pb-3-as-macp-based-on.html
g)
Seniors should not be made to report to their natural
Juniors because ACs of later batches are
being posted to stagnating zones: http://cengo1.blogspot.com/2020/10/stop-humiliation-of-seniors-made-to.html) Though
it was decided to devise methods of resisting such humiliation, it was deferred
considering that it should be undertaken after a discussion on a broad base. This forum will be competent to decide on the
issue for further action.
h)
We suggested that unnecessary expenses
on the VPN and AMC on AIOs could be avoided and instead laptops could be
supplied to all officers. This has not yet been implemented.
i)
We suggested purchase of land from
BSNL in all stations to augment the requirement for land and building so that
our officers could have better space in office as well as for residential
accommodation.
j)
We took up the matter of conducting of
interviews for selection in Trichy Airport, even against the Chairman’s note
that it should be only as per seniority.
Even though we pointed out that such practices like interviews will lead
to corruption and nepotism/favouritism and make the entire panel responsible
for any mischief by any of the selected persons in such sensitive charges, the
board has not been able to make the zonal chief abide.
7.2. During the period under report, Delhi Unit (http://cengo1.blogspot.com/2019/10/welcome-delhi-unit.html)
and Hyderabad Unit (http://cengo1.blogspot.com/2021/03/welcome-holi-and-welcome-hyderabad.html)
joined us. Of course, it was unfortunate
that Surat Unit decided to disassociate from us. The over all functioning of the units has
improved to the extent that we have been able to collect DDOs for 7467 members
(more than 53% of the working strength of the entire cadre throughout India). This is through 21 units out of 42 of the All
India Association. Some of the units
which are firmly with us have not yet collected the DDOs and some of them have
not done to their potential. Many units
in Gujarat and UP are either dormant or are not having properly elected
bodies. These two states account for
many number of units. Efforts are
required to make them also active.
7.3. We are only making baby steps towards having a truly cadre
conscious Association. Still regional
and sub-regional tendencies among us have pulled us back and enabled the
administration to play one region against the other.
7.4. During the period under report, I and the President have
attended the General Body and Open House at Bhubaneswar. I have attended the Open House and General
Body at Raipur. The President visited Lucknow and addressed the members there
in an attempt to bring the unit to our fold.
I have attended the Biannual General Body Meeting of the ITGOA at
Kolkata in my capacity as SG of AIACEGEO and the Vice Chairman of the CCGGOO. I also attended the meeting of Kolkata Unit
along with the newly elected GS of Delhi Com. Bajaj. I attended the Meeting of
Members of the Delhi Unit also as per the request of Com. Bajaj. I have also attended a meeting of members of
our Association at Kozhikode.
8. Our Units actively participated in All
India agitations along with other Central Government Employees and workers by
participating in action programmes on 08.01.2020 (http://cengo1.blogspot.com/2020/01/demonstrations-and-meetings-on-08012020.html)
26.11.2020 (http://cengo1.blogspot.com/2020/11/demands-day-observed-through-out-country.html)
and 01.02.2021. The Charter of Demands
of the Central Government Employee community has continued to be same. We have also elaborated some of the demands,
related some of our specific demands in the general demands and incorporated
some additional demands in the charters.
For the sake of record, the combined charter is reproduced below:
1. Scrap
New Contributory Pension Scheme (NPS). Restore old defined benefit Pension
Scheme (OPS) to all employees. Guarantee 50% of the last pay drawn as minimum
pension. Pension is the umbilical cord which keeps the Government employees
committed to the Service. Severing it will cause damage to the commitment to
service.
2. (a) Scrap the draconian FR 56((j) & (i) and Rule 48 of CCS (Pension)
Rules 1972. Stop terrorizing and victimizing employees. These provisions are
not a short cut to initiate disciplinary proceedings and punish without
following the due process of law or does it serve the purpose of ending
corruption. It will only increase the habit of servitude due to the fear and
arbitrariness. This will ultimately destroy the basic structure of
administration built by great souls like SardarVallabhai Patel to work without
fear or favour.
(b) Withdraw the attack against the recognised status of Associations and
Federations. Grant renewal of recognition of this Association based on
documents and records produced as per the CCS (RSA) Rules.
(c) Withdraw the anti-worker Wage/Labour codes and other anti-labour reforms.
(d) Stop attack on trade union rights.
3. (a) Withdraw the orders freezing the DA and DR of employees and Pensioners
and impounding of arrears till 30-06-2021. Grant the DA/DR arrears so that
it can also stimulate demand.
(b) Implement five year wage revision and Pension revision to Central
Government employees and Pensioners. Appoint 8th Central Pay Commission and
revise the Pay, Allowances and Pensionary benefits of Central Government
employees and Pensioners with effect from 01-01-2021.
(c) Honour the assurance given by Group of Ministers (GoM) to NJCA leaders on
30-06-2016. Increase minimum pay and fitment formula recommended by 7th CPC.
Grant HRA arrears from 01-01-2016.
(d) Withdraw “Very Good” bench mark for MACP, grant promotional heirarchy and
date of effect of MACP from 01-01-2006.
(e) Grant Option-1 parity recommended by 7th CPC to all Central Govt.
Pensioners. Grant one notional increment to those who retired on 30th June.
(f) Settle all anomalies arising out of 7th CPC implementation:
(i) Set right the anomaly which arose in Seventh CPC wherein Supdts of Posts
have been placed on Level 9 while Supdts of Central Excise are placed in Level
9 only on completion of 4 years on Level 8.
(ii) Set right the anomaly from the Fifth CPC, erroneously understood by the
Seventh CPC, in respect of our demand for parity with Inspectors of CBI etc.
4. Stop ban on creation of new posts. Fill up all seven lakhs vacant posts
in Central Government departments in a time bound manner. Scrap National
Recruitment Agency and introduce Department wise recruitment and Regional
recruitment for Group B and C posts. Stop re-engaging retired personnel in
Central Govt. services.
5. Stop Corporatisation and privatisation of Railways, Defence and Postal
Departments. Withdraw closure/merger orders of Govt. of India Printing Presses
and Postal Stores depots/Postal Stamp depots. Stop proposed move to close down
salt department. Stop outsourcing and closure of Govt. establishments.
6. (a) Regularisation of GraminDakSevaks and grant of Civil Servants status.
Implement remaining positive recommendations of Kamalesh Chandra Committee
Report.
(b) Regularise all casual and contract workers including those joined
service on or after 01-09-1993.
7. Settle all Covid-9 related issues pertaining to Central Govt. employees and
Pensioners on top priority basis. Treat the period of absence during lock down
as duty. Grant full wages to casual, part-time, contingent and contract workers
during the lock down period.
8. Grant 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:
Grant notional pay to the officers of Revenue from 1.1.96 for the revision of
pay as recommended by the 5th CPC recommendations but which has been given
effect only from 21.04.2004,.
9. Implement 7th CPC wage revision and pension revision to remaining Autonomous
body employees and pensioners. Ensure payment of full arrears without further
delay. Grant Bonus to Autonomous body employees pending from 2016-17 onwards.
10. Remove arbitrary 5% ceiling imposed on compassionate appointments. Grant
appointment in all eligible cases.
11. Grant five time-bound promotions to all Group B & C employees. Complete
cadre review in all departments in a time bound manner:
(i) Either amend the ratio of promotions to posts of Assistant Commissioners
from Central Excise and Customs in a just and fair manner as directed by the
Hon’ble Supreme Court in the case of S.P.Dudeja or promote only from the respective
feeder cadres in Central Excise or Customs, so that juniors in Customs do not
become supervisory officers to Seniors in the Central Excise.
(ii) Issue All India Seniority List for
the cadre of Superintendents of Central Excise from 1.1.2007 and in accordance
with various Court orders and judgments and conduct DPC for all vacant posts of
Assistant Commissioners immediately.
(iii) Re-designate Superintendents of
Central Excise as Assistant Commissioners as done in State GSTs and in order to
avoid any expenditure implications, re-designate all Superintendents who have
reached the pay scale of Assistant Commissioners (and also those who are
otherwise eligible for the pay scale but for the bar of MACPS) as Assistant
Commissioners immediately.
12. Ensure prompt functioning of various negotiating forums under the JCM
Scheme at all levels.
IN ADDITION TO THE ABOVE,
FOLLOWING ARE SPECIFIC DEMANDS PERTIAINING TO OUR CADRE:
1.
Ignore 5400 PB-2 (which is the assigned pay scale for posts of Superintendents)
for purposes of MACP and Grant 6600 PB-3 as MACP instead of on 5400 PB-3.
2.
Implement decision of the Hon’ble Supreme Court in the case of Ashok Kumar for
promotees who are not getting their pay stepped up on par with their juniors.
3. Implement M. Subramaniam decision for all petitioners and in rem.
4. Supply mobile phones, lap tops, data cards, vehicles, etc for office use by
Superintendents.
Concluding
remarks:
I thank all members of this Association, because, it is for them and by
them that this Association survives and all Office Bearers in various positions
for their active participation, providing of inputs and enabling execution of
decisions taken in various forums, in the interest of the cadre and for the
over-all improvement of the society
We
are in difficult times. The age old
dharma to take care of those who perform for a department or for a society is
being replaced by considerations of pure utilitarian value in real time
alone. The worth of a life, either in
the present, past or future is of no value in the present fast changing pace
and dog eating dog culture is on the increase.
Even as the first wave of agrarian economy and second wave of
Industrialisation have subsided, the third wave has taken over. This is a wave of total corporatisation. The
modern day opportunism and survival by any means has joined hands with the
erstwhile feudal tendencies and is bound to make the coming days worse. The fundamental principle that if a
Government run in a democracy by the people, for the people and of the people
cannot deliver services to the people themselves, at reasonable cost then a
market driven mechanism which thrives only on profiteering cannot be expected
to deliver welfare to the consumers. What
we are all enjoying in the department, or as Government Servants or in the
society today, is due to whatever sacrifices were made by our previous
generations. As an elite class in the
society and as a Conscious Association, it is our duty to ensure that the next
generation has at least the benefits we have today, if not a better future.
With
fond hopes that this Convention will seriously consider all issues in this
light, I commend this report to this august house.
With fraternal greetings,
R, Manimohan
Secretary General
