The govt. SLP(C) No. 5984/2025 Diary No. 59005/2024 on 01.01.1996 pay matter against Telangana(Hyderabad) HC judgement in the UOI vs R. Siva Shankara Sastry case dismissed on 28.02.2025 by the Hon'ble Supreme Court
FLASH AIASCT IS NOW THE ONLY RECOGNISED ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL TAX

Friday, August 11, 2017

Taking up responsibility at a larger level


COM. CHANDRAMOULI ELECTED JOINT SECRETARY TO THE ALL INDIA PUBLIC SECTOR AND GOVERNMENT OFFICERS CONFEDERATION:

The All India Public Sector and Government Officers Confederation had its All India Convention at Chennai on 05.08.2017. 

On behalf of AIACEGEO, Com. R. Chandramouli participated.  The proceedings were web cast live.

Com. Chandramouli has been elected as the Joint Secretary of the forum.

We assure Com. Chandramouli all our support, while he takes up a larger role in a larger platform for the betterment of a larger community.

The Office bearers are:

All India Public Sector and Central Govt Officers Confederation

President                           

V.K. Tomar – Telecom                    9868133336                         vinodtomar63@gmail.com

Secretary General          

D.T. Franco – Banking                     9445000806                         ngcfranco@gmail.com

Treasurer                           

T. Senthi Kumar –Banking            9445000838                        senthi.kt@gmail.com

Vice Presidents                                               

S. Mohan – CCGGOO                     9445040751                          smohan_1958@yahoo.co.in

Sebastian – Telecom                      9868266200                        ksebastin@gmail.com

Alok Roy – Oil                                    9999097956                         alokroy20@gmail.com

Sanjib Kumar – Railway                                  9777442335                        kumarsanjib59@gmail.com

Dushyant Chavan –NABARD       9176876101                         dush_chn@yahoo.com

Dilip Kumar Saha – Banking          9820300338                         aipnboa@yahoo.com

Joint Secretaries             

H.M. Mallesh – Defence                               9482941144                         hmmtaru@yahoo.co.in

D. Subramani- Pharma – KAPL    9448018407                          smani_doraiswamy@yahoo.co.in

Raj Kumar – LIC                                 8589819933                      s.rajkumar@licindia.com

R. Chandramouli – GST & Central Excise – 8939955463           spiel1106@gmail.com

Anil Gupta – ITDC                             9560197433

 G Anil Kumar – ITI – NCOA          9447345772                        anilgeeiti@gmail.com

Ms. Geeta Sunatkari- Mazogon Dock- 9869056540            gsunatkari@mazdock.com

Dy. General Secretary  

Lakshmi Narayana – NCOA –                                                       smln186@hotmail.com

Ashok. M. Shethalke - Mazogon Dock 9820732120-          ashokhalkar@mazdock.com

The report of the said Convention is reproduced below:
*Public sector, Central Govt officers to launch agitation against 'privatisation moves'*

August 6, 2017 by VINSON KURIAN

The Officer cadre in the public/ Central Government sectors is growing restive over ‘suspected moves’ aimed at large-scale mergers/ privatisation.

The All India Public Sector And Central Government Officers' Confederation has decided to launch a nationwide agitation programme until such ‘ill-conceived moves’ are called off.

REPRESENTATIVE SECTORS

These programmes would include nationwide demonstrations and a march to Parliament, in line with decisions taken by the first Conference of the Confederation held in Chennai on Sunday.

The Confederation claims to represent 13 lakh officers drawn from the banking, oil & gas, telecom, defence, railways and pharma sectors; GST & central excise; LIC and insurance; and Central public works, among others.

Representatives of various unions from these sectors shared their concerns on the ‘retrograde moves to privatise’ public sector undertakings and enterprises, a spokesman told BusinessLine.

The representatives also appraised the delegates on how the ‘faulty policies of the successive Governments’ has ensured the systematic weakening of the public sector.

SHIFTING BURDEN

Rather than making persons responsible for their mismanagement, the burden is now sought to be shifted to employees.

A public perception is sought to be created using mainly the electronic media in favour of privatisation.

The Conference unanimously opposed "the road map laid at the behest of NITI Aayog, Banks Board Bureau and the RBI to weaken and privatise public sector organisations."

It resolved to oppose what it described as anti-labour and anti-people moves and agitate and fight together whenever any sector or an enterprise is under attack.

The Confederation will not accept the argument of "affordability" put forward by the Government for pay revision, the spokesman said.

It resolved to demand a common forum of public sector undertakings/ enterprises to represent and settle with the Government for a uniform pay revision and other benefits.

*GRIEVANCE REDRESSAL*

The Conference also demanded that there should be grievance redressal mechanism for Gazetted officers of the Central Government, the spokesman said.

The Confederation proposes to reach out to the public through its programme called ‘Peoples Parliament for Unity and Development’ to know what sort of growth they require and will pledge to them its support in each district of the country.

Awareness will be created amongst the public about the contribution of the public sector in the development of the nation since Independence and its requirement for inclusive growth.

The Government has always understated the efforts put in by the public sector and its employees to successfully carry out its various social security schemes.

*Courtesy : The Hindu Business line*

 

Sunday, July 23, 2017

The immediate requirement

AN APPEAL TO ALL MEMBERS AND UNITS


Knowingly or unknowingly our detractors have been comparing the Convention held at Chennai to that of the Convention of the Inspectors’ Federation held at Kolkata in 2003.
It is a fact that the present AICEIA representing the entire Cadre of Inspectors throughout India was born out of that Convention at Kolkata only. If that exercise had to be undertaken because the then SG of that Federation had become non functional and incommunicado due to inexplicable reasons, the current exercise at Chennai was necessitated by the malfunctioning by the Secretary General who had consistently refused to democratize the organization and make it membership based. He had refused to take seriously the warnings that had been given by organizationally well intentioned persons regarding the coming of GST and our requirement to prepare ground, more than 3 years ago.  But he started signing letters only after the IRS (DRs) started getting jitters.  We are living down the ignominy now. As a last straw, he refused to vacate office even after promotion and even after being urged by the President and very many other organizationally conscious persons. 
Every effort has been made by those who profess unity of the cadre, to divide local units and send letters to the local administration supporting one person or one group of persons, not having the support of the majority members at the local levels. They have unleashed a spate of vituperative attacks and false propaganda through social media, against persons at the fore front of this organization, who have only served the cadre without expectations of any returns and have unblemished track records in their official capacities also.  Those who stood to gain by the benevolence of the self appointed leaders without democratic credentials, in currying favors, obliged them in this.  Their despair was quite evident. 
In the light of the above developments, the above communication from the Board dated 13.07.2017, is indicative of the following points:
Ø  Contrary to the perception built up by the previous Secretary General, the Board goes only by the paid up membership strength to determine the legitimacy of the elected body.  And that is the correct approach as per the RSA Rules.
Ø  The continuance of a person promoted as Assistant Commissioner, to represent the Association of Superintendents is questionable, as it is hit by the mischief of the RSA Rules wherein his membership itself is in dispute. [In respect of ITGOA, the ground realities are altogether different.]
Apart from the above factors, we have serious organizational concerns also. In respect of many of the units including large ones like Delhi and Mumbai, those who participated in the meeting at Gandhidham,  were not representatives elected in the units, during the past 2 years (or more). 
But in many of such units, the members have started waking up to the present situation.  They have started conducting elections and electing new bodies to represent them.  The newly elected office bearers have also been getting in touch with us and assuring us of their support.
The immediate requirement is to submit the DDO certificates to prove our strength before the Board. There has been considerable dislocation due to transfers, consequent to the reorganisation for GST implementation. Hence, deduction of membership fees has to be effected as early as possible.

We appeal to all units to take necessary steps to send in their DDO certificates at the earliest to the SG’s address.

Thursday, July 20, 2017

CGST is only old wine renamed...complex on display again

Letter to the Revenue Secretary:


ALL INDIA ASSOCIATION OF
CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
(Representing the Superintendents of C.Ex & CGST)
[Recognised vide CBEC Letter F. No. B 12017/10/2004-Ad IV A dated 21/01/2008]
6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018.
President
Sanjay Srinivasan


Vice Presidents: 
Prabir Mukhopadhyay
Sanjay Kumar 
H.S. Bajaj 
K.S. Kumar
P.K. Jaishankar Iyer


Secretary General 
R. Manimohan
(09443063989)


Asst Secy General 
Shishir Agnihotri


Joint Secretaries:
Kousik Roy
D. S. Thakur
Malkit Singh  Kalugasala Moorthy
Sandip Panvalkar


Core Committee:
R. Chandramouli
Tirthankar Pyne
Ajit Kumar K.G.
Ref. No: RS/4/2017                            Date: 20.07.2017

To
Dr. Hasmukh Adhia,
Revenue Secretary to the Govt of India,
North Block, New Delhi.

Sir,
Sub: - Whether GST Officers are to don Uniform – reg
       We would like to bring to your kind attention that Officers in the Central Excise have been given allowance for uniform.  However, no instructions on the prescribed pattern or rules for wearing are in vogue.  This has been confirmed in a reply to a query under RTI dated 11.12.2009 (Annexure A) and also by the CBEC before the CIC in the proceedings dated 29.01.2010 (Annexure B).  The CIC had in the above cited order, also observed that the CBEC should consider issuing detailed and clear guidelines in this regard. Against the above back drop, it is surprising that the Department of Expenditure has been giving concurrence for the grant of allowance for a non-existent uniform (Annexure C).
     The uniform which was last prescribed in the Tobacco Excise Manual (TEM) was not included in the Basic Excise Manual (BEM) in 1989. The BEM itself in the introduction states that those instructions not included in the BEM stand rescinded. 
     The Office Procedure Manual (OPM) which has not been reprinted after 1970 also contained only the same pattern prescribed in the TEM, with an additional stipulation that the Collectors of Central Excise should notify a tailor in each District from whom such uniforms should be procured.  In the absence of the said pattern and guidelines, the kakhi uniform which is being presently worn, is merely a copy of the Police Uniform and being completely different from the pattern prescribed in the TEM & OPM itself, is only an act in self deception.  With the varied shades of Khaki and brown shoes, it has become a mockery of the concept of Uniform itself.
     Further, requiring officers to don uniform without providing the basic facilities of changing rooms, and separate cabins according to the posts held by them, violates basic decency and decorum. 
 When the department has consciously enabled the differently-abled also to be recruited to these cadres, there could not have been a greater absurdity than continuing to prohibit Ministerial Officers from being promoted to these Cadres, for want of minimum prescribed height. By keeping the practice of wearing of Uniform only up to the level of Assistant Commissioners it has been clearly indicated that the department is not intended to be a Uniformed service at all.
The work pattern of field officers in Central Excise, ever since Self Removal Procedures were introduced, did not actually require any Uniform for performance of their duties.  However, while some field officers felt elated by such attires, the IRS bosses used the services of such uniformed persons to accompany them to public places, thus deriving pride in being escorted by Uniformed personnel.  But the net effect was that even as the department took conscious efforts to reduce interface and interference with the trade, the image of running an ‘Inspector Raj’, continued to slander the department, even though there are several other Executive Officers in several other departments with far more executive powers.
There is an attempt once again to hang on to the remnants of the Uniform even after GST has been introduced.  A copy of a letter dated 13.07.2017 issued by Vishapatnam CGST Commissionerate requiring Officers to get new ID Cards with uniform and cap is enclosed (Annexure D). A copy of the instructions issued by the Nagpur I Commissionerate vide C.No.II(39)04/2017/Et-I/NGP-I dated 17.7.2017 threatening action under CCS/CCA Rules if Havildars to Assistant/Deputy Commissioners do not wear uniform on every Monday & Wednesday is also enclosed (Annexure E).
It may be pertinent to note that the Officers of GST in the State Governments do not wear uniform.
Hence it is requested that at this juncture it may kindly be clarified as to whether Officers have to wear uniform in the GST regime.
If so clear guidelines in this regard may kindly be directed to be issued.
Yours truly,

(R. Manimohan)
Secretary General

Copy submitted to:
(1)  The Expenditure Secretary, Ministry of Finance, New Delhi.
(2)  The Chairman, CBEC, New Delhi.
(3)  The Member (Admn), CBEC, New Delhi.
(4)  The Joint Secretary ( Admn), CBEC, New Delhi.

(R. Manimohan)
Secretary General

Friday, June 30, 2017

Memorandum to the Hon'ble Finance Minister





For clarity the word document of the memorandum is reproduced below:

ALL INDIA ASSOCIATION OF
CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS
(Representing the Superintendents of C.Ex & CGST)
[Recognised vide CBEC Letter F. No. B 12017/10/2012-Ad IV A dated 25/02/2013]
6/7 A.T.D. Street, Race Course Road, Coimbatore – 641018.
President  
Sanjay Srinivasan


Vice Presidents: 
Prabir Mukhopadhyay  
Sanjay Kumar 
H.S. Bajaj 
K.S. Kumar
P.K. Jaishankar Iyer


Secretary General 
R. Manimohan
(09443063989)


Asst Secy General 
Shishir Agnihotri


Joint Secretaries:
Kousik Roy
D. S. Thakur
Malkit Singh  Kalugasala Moorthy
Sandip Panvalkar


Core Committee:
R. Chandramouli
Tirthankar Pyne
Ajit Kumar K.G.





















Ref. No: JAC/01/17                                  Date: 30.06.2017

MEMORANDUM TO THE HON’BLE FINANCE MINISTER
        Respected sir, tonight, when half the world sleeps, India would be waking up to a new era of GST.  When all buildings of the Tax department are illuminated for the grand event, the real shoulders on which the entire edifice rests, would be weeping in the dark gullies, just like the Father of the Nation on that eventful night 70 years ago.
The anguish of this community recruited as Inspectors of Central Excise, is narrated in the Memorandum -1 dated 28.06.2017 submitted by the ‘JAC of Inspector based Associations of CBEC’, copy of which is enclosed.  The first table in the memorandum will demonstrate the discrimination this community has faced.
As if that discrimination in comparison to the other cadres and equivalent cadres within the department and within the Revenue is not enough and complete, a fresh one has come into being in terms of their further degradation in comparison to their counterparts in the State VAT departments.  In most of the States the counterparts to the Superintendent of Central Excise have attained the level of Deputy/ Joint Commissioners.  In the era of cross empowerment, this comparison would rub salt into their already burning wounds. In the unsuspecting public sphere of the taxpayers it will also malign the position of the Union Government, vis-à-vis the State Governments.
         A recent letter of Sh. Netticadan Antonio, Superintendent of Central Excise addressed to his Chief Commissioner, Thiruvanandhapuram, intimating withdrawal from an expert panel on GST, at a high profile function to be presided over by none other than the Finance Minister of the State, is indicative of the two sides of a coin. One, the dark deep frustration engraved in the heart of this community; and two, despite such frustration, their sense of service and commitment towards excellence. (Copy of the letter and the invitation card for the event are enclosed for reference).
         We urge you to step in not only to stem the rot but also to resolve this absolute despondency and growing resentment at the cutting edge level Officers of the department, and put in place a proper and time bound promotion mechanism as set out in the JAC memorandum.         
Yours truly,
Encl : As above
                                                                                     (R. Manimohan)
Secretary General
Copy submitted to:
(1) The Revenue Secretary 
2) The Chairman, CBEC


Thursday, June 29, 2017

JAC memorandum on issues pertaining to roll out of GST




For clarity the word document is reproduced below:

JOINT ACTION COMMITTEE
OF INSPECTOR BASED ASSOCIATIONS OF CBEC
[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM -2 SUBMITTED TO THE GOVERNMENT OF INDIA
ON THE EVE OF ROLL OUT OF GST
                                                                                               

          GST is to be rolled out on 1.7.2017.  In the meanwhile, it is reported that the Chairman of GSTN Shri. Navin Kumar has stated that the software could not yet be tested due to paucity of time.  The field officers are also not fully conversant with the changes that are likely to be brought in respect of dealing with the new platform. Hence it is apprehended that blame for any negative fallout of GSTN could fall on the shoulders of CBEC.

          Further, it appears that even within CBEC, the entire responsibility and burden of implementation of GST has been placed on the shoulders of Superintendents, Assistant Commissioners and Deputy Commissioners of Central Tax vide CBEC's Circular No. 1/1/2017 dated 26.06.2017 issued from F.No. 349/75/2017-GST.   

          While the assessee’s are given some leverage due to any inadequacy of the GSTN, enormous responsibility has been saddled on the officers.  In view of the above, it is placed on record that none of the field level Officers belonging to the cadres of Inspectors, Superintendents, Assistant Commissioners and Deputy Commissioners of Central Tax would be responsible for any negative fallout of GSTN.





(Abhishek Kamal)
(R. Manimohan)
(B.A.Chakravarthi)
Secretary General
Secretary General
Secretary General
AICEIA
AIACEGEO
IRS[IDT]OA






JOINT ACTION COMMITTEE
OF INSPECTOR BASED ASSOCIATIONS OF CBEC
[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM -3 SUBMITTED TO THE GOVERNMENT OF INDIA
ON THE EVE OF ROLL OUT OF GST
                                                                                               

          It is noticed that in certain Zones, SIM cards are being bought and supplied to the field officers for GST work.  In this regard, it is brought to the notice of the CBEC that Officers have not been supplied with any handsets to operate such SIM cards and hence the entire exercise would be futile, unless handsets or also supplied urgently or the officers are permitted to purchase them against specific amount allotted for the said purpose.       


(Abhishek Kamal)
(R. Manimohan)
(B.A.Chakravarthi)
Secretary General
Secretary General
Secretary General
AICEIA
AIACEGEO
IRS[IDT]OA



JOINT ACTION COMMITTEE
OF INSPECTOR BASED ASSOCIATIONS OF CBEC
[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM - 4 SUBMITTED TO THE GOVERNMENT OF INDIA
ON THE EVE OF ROLL OUT OF GST
                                                                                               

          It is learnt that 1st July is to be celebrated as GST day. In the instructions issued in this regard, it has been stated that the trade and industry have to be involved in the said celebrations.  It is brought to the notice of the CBEC that the demand for celebrating Excise Day has been acceded in the Departmental Council of Revenue, in 1994, only as per a specific demand from the staff side, to celebrate the achievements of the staff in the department.  Hence, it is resolved to urge the CBEC to issue instructions to identify achievements by the staff and give them proper recognition in the GST day celebrations. The CBEC is urged to issue guidelines to identify such achievements, in all fields of activities in the department. This would be a morale boosting measure for the beleaguered cadres.



(Abhishek Kamal)
(R. Manimohan)
(B.A.Chakravarthi)
Secretary General
Secretary General
Secretary General
AICEIA
AIACEGEO
IRS[IDT]OA


JAC Memorandum on stagnation of Inspector recruit community in Central Excise



For clarity, the word document is reproduced below:
JOINT ACTION COMMITTEE
OF INSPECTOR BASED ASSOCIATIONS OF CBEC
[Representing the Associations of Inspectors, Superintendents and Promotee IRS Officers in CBEC]

MEMORANDUM – 1 SUBMITTED TO THE GOVERNMENT OF INDIA
ON THE EVE OF ROLL OUT OF GST
                                                                                               

We represent the Officers in the Central Excise side of the Central Board Excise and Customs, recruited basically as Inspectors and working as Inspectors, Superintendents and Assistant Commissioners.

On the historic occasion of roll out of GST, we would like to make this short memorandum to the Government of India, through our CBEC as well as the Revenue Secretary.

Our base cadre is Inspector of Central Excise.  We are the cutting edge level officers of the department and bulk of the responsibilities is shouldered by us. Most of the higher supervisory posts have been ornamental than substantive. More so in GST administration as most of the technical functions end with Joint Commissioner/Additional Commissioner. The entire responsibility and burden of implementation of GST has been placed on the shoulders of Superintendents, Assistant Commissioners and Deputy Commissioners of Central Tax vide CBEC's Circular No. 1/1/2017 dated 26.06.2017 issued from F.No. 349/75/2017-GST.  

However, the actual field level officers inducted as Inspectors have all along got a raw deal in respect of promotions and career prospects in the department, in spite of their contribution for a successful switchover from Tobacco Excise and multiple Excise to consolidated Excise to Physical Control to Self Removal Procedure to Record Based Control to MODVAT to CENVAT to Service Tax to Online verification and now to GST. These officers who started their career as Inspectors could swiftly adapt to the changes in tax administration. Yet they remain unfairly discriminated when compared to other cadres who entered the Department contemporaneously.

The following table would show the discrimination this cadre has suffered in terms of their promotions in comparison with the other cadres in the same department, on Central Excise as well as Customs side:

Recruited as
Promoted up to
Number of promotions in the career of around 35 years


Minimum
Maximum
Group-D officers
Superintendent
5
6
DEO
Superintendent/AC
4
5
LDC
Superintendent/CAO
5
6
UDC
Superintendent/AO
4
4
Inspector of CEx
Superintendent/AC
1
2
Examiner
DC/JC/ADC
3
4
Preventive Officer
DC/JC
3
4
DR IRS
Principal CC/Member/Chairman
7
9

          The above distortion in promotional avenues has caused severe resentment in the cadres recruited as Inspectors of Central Excise, getting only one promotion or at best two, in their entire career. The pay raise also is consequentially insignificant when compared to the pay raise the others enjoy in terms of percentage increase to their pay at the time or recruitment.

          In the year 1996, the CBEC undertook an exercise of Upgradation of Inspectors and Preventive Officers who had completed service of 15 years without a single promotion and granted them one promotion to the next grade.  1756 Officers were covered by that scheme from 1996 to 2001.  The Board also took a decision vide Brief No. 72/95 on 16.1.96 to merge the Executive Cadres of Examiners of Customs, Preventive Officers of Customs and Inspectors of Central Excise who are all recruited through a common examination conducted by the SSC, but between which cadres a wide disparity was prevalent in respect of promotional avenues. But till date that decision has not been implemented and the disparities between these coevals has only increased multifold and caused wide chasm. Even subsequently in 2014, the DGHRM has reiterated the wide disparity between these cadres, in a note on the subject.

          When an officer from the Customs side, who is junior in terms of the date of recruitment through the common exam, is promoted ahead of his senior on the Central Excise side and posted to the Central Excise, a junior becomes a supervisory officer to a senior. This anomaly creates rancor and unpleasantness besides demoralizing the cadres on the Central Excise side.

          On the eve of roll out of GST, it is found that promotions have been ordered for several Direct Recruit IRS Officers, to boost their morale. It is felt that the morale of the cutting-edge level officers, appointed as Inspectors and bearing the entire burden of the department on their shoulders, should also get a similar, if not more sympathetic treatment. Needless to say, as an army marches on its stomach, the department’s performance is directly related to the satisfaction of its performing cadres.

          Hence, it is requested that as a onetime measure, the following promotions could be ordered in the CBEC for Officers:

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

          The above promotions would put the Officers recruited as Inspectors of Central Excise on par with those recruited as Examiners in Customs as well as Inspectors of Income Tax, all of who are recruited through the same exam in the upper echelons of departmental hierarchy. It may not be out of place to mention that considering the pay elevation on account of annual increments and MACP the above said officers would have achieved during the above said period of their service and what they ought to have got in comparison to other cadres, the promotion suggested would not create a great burden on the exchequer with incremental expenditure.

          It is sincerely felt that the above simple and just demand would get a fair and favourable consideration at the hands of the Government at this momentous hour.



(Abhishek Kamal)
(R. Manimohan)
(B.A.Chakravarthi)
Secretary General
Secretary General
Secretary General
AICEIA
AIACEGEO
IRS[IDT]OA


Congratulations, celebrations and retrospection.

 Dear Member and Friends, Hearty Congratulations to all the Superintendents who are promoted as Assistant Commissioners in the order dated 1...