The essence of our demands on the DEMANDS DAY on 26.11.2020

 Dear friends and comrades,

The detailed Charter of Demands has been given in the letter circulated.  Click here for the pdf of the letter

The Essence of the demands is given below:

fraternally yours,

R. Manimohan, 

SG, AIACEGEO

DEMANDS DAY ON 26.11.2020

 Dear friends and comrades,

Our Association has decided to observe DEMANDS DAY BY WEARING BLACK BADGES AND CONDUCTING DHARNA in support of the Strike notice served by the Confederation of CG Employees and Workers on 26.11.2020. If in any station/centre, Dharna could not be organised due to COVID conditions, then a Lunch Hour Meeting or Demonstration as per the local conditions may be conducted.  Resolution supporting the Charter of Demands may be passed in the Dharna or Lunch Hour meetings/demonstrations conducted all Headquarters Offices and submitted to the Local Authorities for being forwarded to the Board.

The Letter of intimation sent by this Association to the authorities concerned is given below along with the Charter of Demands in support of which we are observing the Demands Day.

All members are requested to participate MASSIVELY and Whole Heartedly.

THESE ARE OUR DEMANDS. ONLY WE CAN STAND UP FOR THEM.

with fraternal greetings,

R. Manimohan,

SG, AIACEGEO

TEXT OF LETTER AND CHARTER OF DEMANDS

 

Ref. No: CBIC/51/2020                                           Date: 17.11.2020   To The Chairman, CBIC, North Block, New Delhi.   Sir, Sub: Demands Day on 26.11.2020 in support of the Strike by Confederation of Central Government Employees and Workers – reg   As per the call given by the Confederation of Central Government Gazetted Officers’ Organisations (CCGGOO) the members of this Association will be observing DEMANDS DAY ON 26.11.2020 in moral support of the Charter of Demands on which the Confederation of Central Government Employees and Workers have announced a one day Strike on 26.11.2020.  Accordingly, members of this Association will be wearing black badge and sitting on Mass Dharna (maintaining Social Distancing) and in such centres where such Dharna is not possible due to COVID conditions, they will be having Lunch Hour Meetings/Demonstrations according to the conditions in each Head Quarters Office and passing resolutions in support of the Charter of Demands.     The Charter of Demands upon which we are observing the Demands Day is enclosed for kind reference and necessary action.     Yours truly, (R. Manimohan) Secretary General Encl: Charter of Demands   Copy to: The Finance Secretary to GOI, North Block, New Delhi.     (R. Manimohan) Secretary General Copy for information and necessary action to: 1) The Member (Admn), CBIC, North Block, New Delhi. 2) The DG, DGHRM, CBIC, New Delhi. 3) The Commissioner (Co-ordination), CBIC, New Delhi. 4) The Joint Secretary (Admn), CBIC, New Delhi. 5) The Principal /Chief Commissioners and Principal/Commissioners (Through the Unit Office Bearers) (R. Manimohan) Secretary General Copy to: 1) The Secretary General, CCGGOO. 2) All Office Bearers of the AIB and Units of AIACEGEO. 3) Office Bearers of Sister Associations in the Dept of Revenue and CBIC. (R. Manimohan) Secretary General CHARTER OF DEMANDS ON WHICH THE CONFEDERATION OF CG EMPLOYEES & WORKERS HAVE SERVED NOTICE OF STRIKE ON 26.11.2020 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 chord 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 Sardar Vallabhai 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: (1) 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. (2) 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: 1. 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. 2. 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. 3. 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.

 

WHAT DO WE DO WHEN OTHER C G EMPLOYEES ARE ON STRIKE ON 26.11.2020?

 Dear friends,

The Confederation of CG Employees and Workers along with many other Service Associations in the Central Government has given a Notice for One Day Strike on 26.11.2020 on the following Charter of Demands:

CHARTER OF DEMANDS ON WHICH THE CONFEDERATION OF CG EMPLOYEES & WORKERS HAVE SERVED NOTICE OF STRIKE ON 26.11.2020

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.
2. (a) Scrap the draconian FR 56((j) & (i) and Rule 48 of CCS (Pension) Rules 1972. Stop terrorizing and victimizing employees.(b) Withdraw the attack against the recognised status of Associations and Federations.(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.(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.
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 Gramin Dak Sevaks 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.
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.
12. Ensure prompt functioning of various negotiating forums under the JCM Scheme at all levels.

    We can very well see that most of the above demands directly (or indirectly) affect our cadre also.  Accordingly the CCGGOO (Confederation of Central Government Gazetted Officers Organisation) in which we are also constituents, has sought the opinion of its constituent Organisations regarding the method of participating in the above said programme.  

    As far as our cadre is concerned, we have the following additional and immediate demands (some of them get subsumed in the Charter of the Confederation given above also), which have been raised by us in different forums and is pursued by various methods.  

1. Grant notional pay for Inspectors and Superintendents of Central Excise from 1.1.96 for the revision that took effect from 21.04.2004.

2. 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.

3. 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.

4. 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.

5. 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.

6. Implement M. Subramaniam decision for all petitioners and in rem.

7. Supply mobile phones, lap tops, data cards, vehicles, etc for office use by Superintendents.

8. 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.

9. 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.

10. 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.

    Though some of the above are very old and we have been pursuing for a long period, we have to understand that unless we are able to show our solidarity in support of these demands by a mass participation at least on a single day, we cannot expect that the authorities will have any inclination to even understand our demands, let alone attend to them. 

    Most of the benefits that are being enjoyed by us today is due to the hard struggle put in by our earlier generations.  If they have to be at least retained if not bettered, we have to sustain that struggle by being conscious that 'WHICHEVER IS THE HUE OR IDEOLOGY IN POWER, OUR INTERESTS HAVE ALWAYS BEEN UNDER THREAT'. Let us never make any mistake about this fact.  Many among us have a false notion that our rising the flag of demand is against a particular party or dispensation.  That is because, those of us have not learnt the history of Trade Union Movements in India or the World over.  That most of these demands of the Confederation have remained in the Charter even for decades and that some of them have only got added with time only show that we are becoming weak and the Powers that decide our fates are becoming more and more unmindful of our plight.  IT IS A CONTINUING STORY.

    The best way to fight disease is to develop immunity.  Disease and death always lurk around.  It gets into our system only when we become weak.  Temporary and adhoc solutions may give an impression of health regained.  But unless there IS constant alertness, we will be struck again.  Whether it is our own body or  a body of individuals, it is all the same. 

    And another question many intelligent persons keep asking is whether each effort of such collective mobilisation achieves any result.  Every attempt is only a step in that direction.  It is only constant effort that is in our hands.  Fruits shall be available when we have reached.  But to say that we will take only the final step always, is __________.

    Before I part, I would like to state what one of our great poets, Subramania Bharathi of Tamil Nadu said about collective bargaining:  'Even in begging, there is dignity when done as a group'.

    Yes, we are beggars, not choosers.  The person who first said that the Capitalists work in cartels and therefore the workers have to organise to get their dues, was NOT Karl Marx.  It WAS Adam Smith.

    This appeal is therefore directly given to the members of this Association so that the Unit Office Bearers will be able to give me a feed back regarding the method of participation and showing solidarity with the Strike on 26.11.2020.  With this feed back we will be able to inform our CCGGOO regarding our preparedness.

Fraternally yours,

R. Manimohan,

Secretary General.

Issues related to Pay which are affecting the morale of the cadre

Ref. No: CBIC/49/2020 Date : 27.10.2020

CLICK HERE FOR THE PDF VERSION

To

Shri. M. Ajit Kumar,

Chairman, CBIC, New Delhi.

Sir,

Sub: Pay scale issues affecting the morale of the staff and dignity of the department – reg.


    Kind reference is invited to our letter in Ref. No. FS/ES/CBIC/48/2020 dated 27.10.2020 addressed to your Good self as well as the Finance Secretary, Expenditure Secretary and the Secretary, DOPT, in the matter of grant of 6600 as 3rd MACP in our department as per the interpretation to MACPS by the C&AG in the case of IA&AD Officials.

2.      In this regard we would like to bring to your personal attention, certain matters pending before the CBIC in relation to the pay scales for the cadres of Inspectors and Superintendents in this department, pending before the CBIC:

i.      Parity of pay scale at least with effect from 1.1.96 and at least notionally as granted to the IA&AD Officials. This issue has been sponsored by us as Point No. 4 of Annexure in Ref. No. CBEC/18/2017 dated 09.08.2017 and discussed with the Member (Admn) in the meeting held on 18.08.2017. Our issue is that though the Pay scale of Inspectors, Superintendents, etc in Revenue was revised based on the findings of the 5th CPC, it was done only prospectively with effect from 21.04.2004. The pay of Inspectors of Central Excise was revised from 1640 to 2000 with effect from 21.04.2004. On the other hand, the Section Officers in the IA&AD who were also on the scale of 1640 upto 1995, got their pay fixed in the replacement scale of 2000 (Rs. 6500) with notional effect from 1.1.96 when the 5th CPC recommendations were given effect to. In our case, even the notional effect has not yet been given for the Inspectors and Superintendents. Hence we have requested the CBIC to recommend to the Finance Ministry/Department of Expenditure to grant the Inspectors and Superintendents of Central Excise, notional effect at least from 1.1.96, since there was no apparent reason or justification to change the pay scale only on 21.04.2004.

ii.    Placing of Superintendents on the Grade Pay of 5400 PB-2 to undo the anomaly created by the 7th CPC and also on the matter of parity with CBI. This issue has been sponsored by us for Anomaly Committee vide our Ref. No: 01/2018/CBEC dated 17.01.2018 and Ref. No: 04/2018/CBEC dated 18.01.2018 also discussed with the Member (Admn) in the meeting conducted on 17.01.2018. The disparities that have been caused in respect of pay scales between comparable cadres in other departments is tabulated below :





Name of post

Pay scales after each stage


4th CPC (w.e.f 1986)

5Tth CPC (w.e.f 1996)

6th CPC (w.e.f 2006)

7th CPC (w.e.f 2016)


Supdt of C.Ex

2000 - 3500

6500 - 10500 (7500 w.e.f 21.4.2004)

5400 PB-2 after 4 years in 4800 PB-2

Level 9 after 4 years in L 8


DySP, CBI

2000 - 3500 (2200 as per order dated 8.2.96)

8000 - 13500

5400 PB-3

Level 10


Supdt of Posts

2000 - 3500

6500 - 10500

5400 PB-2 after 4 years in 4800 PB-2

Level 9


Section Officer CSS

2000 - 3500

6500 - 10500 (7500 w.e.f 15.9.2006)

5400 PB-3 on completion of 4 years in 4800 PB-2

Level 9


It may please be noted that our point has been that there is an anomaly created by the Seventh CPC by distorting the horizontal relativities with that of the equivalent cadres in the other departments like CBI, Department of Posts and Section Officers of CSS with whom the Superintendents of Central Excise were having a parity till 2015 (Till implementation of the Seventh CPC recommendations). Hence we had requested for recommendation of this issue to the Anomaly Committee so that Superintendents of Central Excise are also placed on Level 10 on par with the CBI DySP and recommend to the Expenditure to place our cadre on Level 9 with effect from 1.1.2016 as done in 'Posts'.

iii. The third issue connected to pay of our officers pertains to the implementation of the Ashok Kumar judgment of the Hon’ble Supreme Court, in rem. On this issue, we have made representations vide Ref. No. CBIC/33/2018 dated 27.07.2018 and 11/CBIC/2019 dated 25.04.2019. The issue in brief is that the Hon’ble Supreme Court has in the case of Ashok Kumar, upheld the judgment of the Hon’ble High Court of Rajasthan wherein it was held that though the ACP scheme makes the benefit personnel to those who are granted the same, the juniors cannot get a higher pay than the seniors and therefore the pay of the seniors who are not getting the ACP should be stepped up to that of the pay of their juniors who got a pay scale revision consequent on getting the benefit of ACP. Even after the Asok Kumar judgment has become final, the department is fighting cases of similarly placed employees. This is creating a great mental distress to the promotee officers in the department who are also stagnating in the cadre of Superintendent. Hence, it is requested that considering that it will not require a great expenditure to implement the Ashok Kumar judgment in rem, or at least for any other similarly placed applicants, like done in the case of M. Subramainam, the CBIC may get necessary approval from the Department of Expenditure.



3. We may kindly be intimated if any of the above issues have already been referred to concerned authorities so that we can pursue them from our end. If any further inputs are required to enable the CBIC to take favourable stands on any of the above issues, we request that a meeting may kindly be held with us by video conferencing or in person, along with the concerned officials of the Board and DGHRM, since most of the Officials with whom we have discussed the said issues are no longer in the Board’s Office/ DGHRM.



With regards,

Yours truly,

 

(R. Manimohan)

Secretary General

Copy for information and necessary action to:

1) The Member (Admn & Vig), CBIC, New Delhi.

2) The DG, DGHRM, CBIC, New Delhi.

3) The Commissioner (Co-Ordination), CBIC, New Delhi

4) The Joint Secretary (Admn), CBIC, New Delhi.

 

(R. Manimohan)

Secretary General

For 6600 PB-3 as MACP based on interpretation of C&AG

 Ref. No: FS/ES/CBIC/48/2020                        Date: 27.10.2020

 

 

To

1)    The Finance Secretary to the Government of India, North Block, New Delhi.

2)    The Expenditure Secretary to the Government of India, North Block, New Delhi.

3)    The Secretary, DOPT, North Block, New Delhi.

4)    The Chairman, CBIC, North Block, New Delhi.

Sirs,

Sub: Grant of MACP for the Inspectors and Superintendents in CBIC - reg

#####

We wish to bring to your kind attention an anomalous situation persisting in the CBIC with regard to the MACP for the Inspectors and Superintendents of the Department, which is also leading to a lot of litigation around the Country.

 

2.1.      Inspectors of Central Excise are in the pay scale of 4600 PB-2 and the scale of pay adopted for the Superintendents is 5400 PB-2 after initially placing them on 4800 PB-2 for a period of 4 years.  However, instead of granting the MACP of 5400 PB-3 from the stage of Superintendent’s scale, only 5400 PB-2 is being adopted and hence the Third MACP is granted only in 5400 PB-3 instead of 6600 PB-3.  This has been done with a notion that the pay scale pertaining to the cadre of Superintendents is only 4800 PB-2 and that the subsequent 5400 PB-2 is to be treated as a promotion based on an erroneous interpretation of the para 2 of the Annexure I to MACPS issued in DoPT’s OM No.35034/3/2008-Estt. (D) dated 19.05.2009 wherein it is stated that, ‘The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the  recommended revised pay bands and grade pay as given in Section 1 , Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008.’  The misinterpretation has occurred because, it has not been observed that 5400 PB-2 is itself a pay scale prescribed for the post of Superintendent of Central Excise, etc and hence cannot be treated as ‘next higher grade pay’ as per MACPS.

 

2.2.      Further, we would like to bring to your kind attention the  Circular No. 42-Staff Wing-2020 of the C&AG issued in Letter No. 1027-Staff (Entt.I)/78-2020 dated 15.10.2020, wherein 3^rd MACP has been ordered to be given in 6600 PB-3 to the Officers of IA & AD.  The said decision refers to Para 5 of Annexure 1 to DoPT’s O.M. No. 35034/3/2015-Estt.(D) dated 22.10.2019 issued after the Seventh CPCwherein it has been stipulated that promotion/upgradation granted under MACP scheme to those grades which are in the same level of the pay matrix due to merger of the pay scales or upgradation of the posts shall be ignored for the purpose of granting unpgradation under MACPS.  By the above decision, it has been ordered that the promotion from AO to Sr. AO may not be taken as a promotion for MACPS.

 

2.3.      The above interpretation of the C&AG clearly shows that even in the face of para 2 of the Annexure 1 of the MACP Scheme, para 5 of the same Annexure to the said OM gives the exception to para 2.  Thus, when a pay scale or pay band has been granted to a particular post by virtue of upgradation/merger of scales, then the said effect has to be ignored for the purpose of granting MACPS.

 

3.1.    It is pertinent that the pay scale of the Superintendent of Central Excise was also by merger of scales/upgradation by the Sixth Pay Commission.

 

3.2.      Under the Revised Pay Rules, 2008, in accordance with para 1 (x) (e) of Resolution No: 1/1/2008-IC dated 29.08.2008 and notified in Section II, Part C, First Schedule of the Notification No: GSR (E) dated 29.08.2008 against Sl. No. 9 under Ministry of Finance, for Department of Revenue, the following replacement scale was prescribed for the posts mentioned therein:

Sl. No	Post	Present Pay Scale	Revised Pay scale	Corresponding Pay Band and Grade Pay		Para No of Report
				Pay Band	Grade pay
Department of Revenue
9	Income Tax Officers, Superintendents, Appraisers, etc (Customs & Central Excise)	Rs.7500-12000	Rs.7500-12000     Rs.8000-13500* (on completion of four years)	PB – 2       PB - 2	4800       5400	7.15.17

 

3.3. Para 7.15.17 of the CPC mentioned in the above Table reads as below:

“7.15.17: Higher scale of Rs.8000-13500 has been sought for the posts of Appraiser /Superintendents/Income Tax Officer/equivalent in CBEC and CBDT. The higher scale has been demanded on the ground that these posts are comparable with Deputy Superintendents of Police in CBI who are already in the scale of Rs.8000-13500. It is observed that the Fifth Central Pay Commission had specifically noted that no relativity could be established between executive posts in Income Tax and Customs vis-à-vis those existing in CBI. Although the recommendation was made with reference to the post of Inspector, the same cannot but hold true for the next higher posts in the hierarchy of these organizations. 439 Further, the pay scale of Rs.8000-13500 is the entry pay scale for Group A posts of Assistant Commissioner/equivalent. The post of Assistant Commissioner is a promotion post for Superintendents/Appraisers/ITOs, etc. Therefore, even otherwise, this scale cannot be granted.”

3.4.     From the above recommendation of the Sixth CPC, it is evident that the above said ‘twin pay scale’ of 4800 PB-2 plus 5400 PB-2 on completion of 4 years in 4800 PB-2 was adopted for the Superintendents of Central Excise, etc, only because they could not be granted the pay scale of 5400 PB-3 which was a Group A Scale.  Thus, it becomes evident that for this post, 5400 PB-2 is a prescribed pay scale and is not the next pay scale. In other words, the Superintendents of Central Excise, etc have been granted 5400 PB-2 on completion of 4 years in 4800 PB-2, instead of 5400 PB-3. 

3.5.          It may also kindly be note that in the case of M.Subramainiam, the Hon’ble Supreme Court has dismissed an SLP (and subsequently a Review Petition) by the UOI against a judgment of the Hon’ble High Court of Madras, wherein it had been held that 5400 PB-2 flows out on completion of 4 years in 4800 PB-2.  This decision has been accepted by the UOI and is being implemented in the department. Thus, it is clear that 5400 PB-2 is an extension of the pay scale of 4800 PB-2 in so far as the Superintendents of Central Excise, Appraisers, Income Tax Officers, etc are concerned as per the Resolution of the Government of India cited in para 3.2 above.

4.1.       The basis of such a restructuring of the scales for these category of Officers could be found in the Sixth Pay Commission Recommendations in Chapter 3 also. 

4.2.     The Sixth CPC stated in para 3.1.3 as below:

“3.1.3: Higher pay scales in the Secretariat offices may have been justified in the past when formulation of proper policies was of paramount importance. The present position is different. Today, the weakest link in respect of any Government policy is at the delivery stage. This phenomenon is not endemic to India. Internationally also, there is an increasing emphasis on strengthening the delivery lines and decentralization with greater Chapter 3.1 159 role being assigned at delivery points which actually determines the benefit that the common citizen is going to derive out of any policy initiative of the Government. The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual benefit to the consumer. Accordingly, the time has come to grant parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant. Beyond this, it may not be possible or even justified to grant complete parity because the hierarchy and career progression will need to be different taking in view the functional considerations and relativities across the board.”

4.3.     Accordingly the CPC recommended as below in para 3.1.9:

“3.1.9 Accordingly, the Commission recommends upgradation of the entry scale of Section Officers in all Secretariat Services (including CSS as well as non participating ministries/ departments/organizations) to Rs.7500-12000 corresponding to the revised pay band PB 2 of Rs.8700-34800 along with grade pay of Rs.4800. Further, on par with the dispensation already available in CSS, the Section Officers in other Secretariat 161 Offices, which have always had an established parity with CSS/CSSS, shall be extended the scale of Rs.8000-13500 in Group B corresponding to the revised pay band PB 2 of Rs.8700-34800 along with grade pay of Rs.4800 on completion of four years service in the lower grade. This will ensure full parity between all Secretariat Offices. It is clarified that the pay band PB 2 of Rs.8700- 34800 along with grade pay of Rs.4800 is being recommended for the post of Section Officer in these services solely to maintain the existing relativities which were disturbed when the scale was extended only to the Section Officers in CSS. The grade carrying grade pay of Rs.4800 in pay band PB-2 is, otherwise, not to be treated as a regular grade and should not be extended to any other category of employees. These recommendations shall apply mutatis-mutandis to post of Private Secretary/equivalent in these services as well. The structure of posts in Secretariat Offices would now be as under:-

Post	Pre revised pay scale	Corresponding revised pay band and grade pay
Section Officer	Rs.7500-12000     Rs.8000-13500* (on completion of four years)	PB-2 of Rs.8700-34800 along with grade pay of Rs.4800.   PB-2 of Rs.8700-34800 along with grade pay of Rs.5400* (on completion of four years)

                            (The entire table is not reproduced for brevity)

 

4.4.     Thus it is evident that as in the case of the Section Officers of the Central Secretariat Services, the scale of pay adopted for the Superintendents of Central Excise, etc include 5400 PB-2, by virtue of merger of pay scales/upgradation.

5.1.    Under Section I of Part C of the above Pay Rules (2008), in Sl. No. (ii) the rationale for merger of Pay Scales has been explained and in in Sl. No. (v) it has been stated that ‘Upgradation as in (ii) may be done in consultation with Department of Expenditure, Ministry of Finance’.

5.2.     Para 5 of Annexure 1 to DoPT’s OM No.35034/3/2008-Estt. (D) dated 19.05.2009 for MACPS for the Central Government civilian employees states as below:

“5. Promotions earned/upgradations granted under the ACP Scheme in the past to those grades which now carry the same grade pay due to merger of pay scales/upgradations of posts recommended by the Sixth Pay Commission shall be ignored for the purpose of granting upgradations under Modified ACPS.”          

6.     Thus, from the pay scale of 5400 PB-2 on completion of 4 years in 4800 PB-2 prescribed for the Superintendents of Central Excise, they are entitled for the scale of 5400 PB-3 as the next MACP and after that they are entitled for 6600 PB-3 as the next MACP in terms of the MACPS.  In other words, 5400 PB-2 cannot be taken as a promotion for the purpose of MACPS because it is only the pay scale prescribed for the post of Superintendent of Central Excise as a consequence of a merger of scales/upgradation.

7.      Thus, the interpretation of para 5 of the MACPS in respect of the Officers of the IA&AD, whose case has been referred herein becomes squarely applicable in the case of Inspectors and Superintendents of our department also. Hence, considering that 5400 PB-2 being the pay scale prescribed for the post of Superintendents cannot be given as MACP, considering it as promotion and that even otherwise, when it has been granted based on upgradation/merger of scales by the Sixth Pay Commission, in terms of para 5 of the Annexure 1 of the MACPS, it cannot be considered as a promotion, it is requested that necessary orders may kindly be issued immediately that from the grade of Inspector (4600 PB-2), First MACP is on 4800 PB-2 (+5400 PB-2 on completion of 4 years in 4800 PB-2)  and the Second MACP should be granted in the pay scale of 5400 PB-3 and the Third MACP should be granted in the pay scale of 6600 PB-3 in the Department of Revenue, as per the MACPS.

With regards,

Yours truly,

Encl: Copy of C&AG’s Letter dt. 15.10.2020

(R. Manimohan)

Secretary General

  

Request for instructions not to transfer to outstations due to COVID

 [CLICK HERE FOR PDF VERSION]

Ref. No: CBIC/44/2020 Date: 15.10.2020

To

1) Shri. M. Ajit Kumar, Chairman, CBIC, New Delhi.

2) Smt. Sungita Sharma, Member (And & Vig), CBIC, New Delhi.


Sir/Madam,

Sub: Posting and Transfers during COVID- reg.

Kind attention is invited to this Association’s letter in Ref. No. CBIC/23/2020 dated 30.06.2020 with regard to AGT wherein we had BEEN requested that due to the COVID pandemic, instructions may be issued to all zones that the Annual General Transfers this year may be done in consultation with the Associations of the respective zones, only according to the requirements of the staff of each region and Zone, to enable them to take proper care of themselves and their families.


2. In this regard, it has been brought to our notice that while most of the Zonal authorities have avoided unnecessary transfer for the sake of transfer, out of stations, certain Zonal Authorities have issued AGT shifting persons to stations several Kilometers away from their current stations, ‘without their willingness’. During the pandemic situation, moving away from the family is a matter of very great mental stress and agony, not only for the Officers themselves, but all members of their family. Most of the Superintendents are of the age group of 50 and above and a majority of them have comorbid conditions for themselves or for members of their family. Further, due to certain areas being containment zones and the pandemic spreading more in certain areas, movement between places, staying away from home, taking food from outside, etc, increase the risks of contacting the contagion. Hence, it is requested that a general instruction may kindly be given to all Zonal authorities to avoid such transfers, without the request of the individuals to move out of their current stations.

3. We hope such a general instruction will ensure that we would not have to bring specific instances of certain Zones for the intervention of the Board.

With regards,

Yours truly,



(R. Manimohan)

Secretary General

Copy for kind information and necessary action to:

1) The Commissioner (Co-ordination), CBIC, New Delhi.

2) The Joint Secretary (Admn), CBIC, New Delhi.

 

(R. Manimohan) 

Secretary General

Stop the humiliation of Seniors made to report to Juniors

Ref. No: CBIC/43/2020 Date: 15.10.2020 [CLICK HERE FOR THE PDF VERSION]

To

1) Shri. M. Ajit Kumar, Chairman, CBIC, New Delhi.

2) Smt. Sungita Sharma, Member (And & Vig), CBIC, New Delhi.

Sir/Madam,

Sub: Request to stop Seniors being forced to report to their natural Juniors by faulty HR policies - reg.

Instances of posting of very Junior Officers from Customs, on promotion as Assistant Commissioners to GST formations are increasing. As detailed in our letter dated 22.06.2020, there are several Superintendents in GST who have completed more than 30 years and are even running their 36th or 37th year of service, from the grade of Inspector. On the other hand, the Assistant Commissioners posted to GST from the Customs side have completed hardly 20 to 25 years. This is because of the faulty ratio being followed in respect of promotions between the three streams in Customs and Central Excise, not regulated till date in a fair and equitable manner as laid down by the Hon’ble Supreme Court in its judgment dated 03.08.2011 in the case of S.P. Dudeja and ors (Civil Appeal No. 11958 of 2005) directing to amend/revise the RRs including by altering the ratio between the three feeder cadres in such a manner that the representation in the promotional post will be just and fair. The very fact that the Appraiser and Examiner promotees are overflowing and have therefore to be accommodated in the GST formations itself is ample proof that the ratio being adopted is neither just, nor fair.

2. The above situation would not have arisen if the combined length of service from the common feeder cadre of Inspectors of Central Excise, Preventive Officers and Examiners of Customs, who are recruited through the same exam, was adopted as the criteria for promotion to Group A and the Recruitment Rules had been amended as per the above judgment of the Hon’ble Apex Court. It would not have happened also if the Board’s own decision of 1996 to merge these three feeder cadres had been implemented.

3. The failure of our HR policy on the above score had also had a further cascading effect by increasing the distortions and inequalities between the Zones in Central Excise itself. In certain zones those who joined as Inspectors in 1992 could expect to become ACs in the nextround of DPC and become supervisory officers of persons in another Zone of Central Excise itself, who has joined in the Inspector cadre in 1985 or 1986. There cannot be a more pathetic and disgraceful situation for a cadre which is the main stay of this department.

4. Hence, the All India Executive Committee of this Association in its virtual meet held on 11.10.2020 unanimously resolved to bring the above anomalous and degrading situation to your immediate attention and appeal that ‘until the above distortions within CBIC, in respect of ratio of promotions between the officers recruited through the same exam are corrected, no officer promoted from a junior batch shall be posted to supervise a Superintendent of Central Excise/GST, who has been selected by an earlier process of selection/recruitment’.

5. Hence it is requested that urgent orders may kindly be issued in this regard, so that, no Senior has to face the humiliation of reporting to a Junior, for none of their fault.

6. Wherever immediate transfers or shifting of such juniors is not immediately possible, orders may kindly be issued that the said Seniors would directly report ONLY to the next Higher Authority who is not their natural junior from the same exam and the Juniors WILL NOT BE REPORTING OFFICERS FOR THESE SENIORS IN THE APAR.


With regards,

Yours truly,


(R. Manimohan)

Secretary General

Copy for information and necessary action to:

1) The DG, DGHRM, CBIC, New Delhi.

2) The Joint Secretary (Admn), CBIC, New Delhi.

 

(R. Manimohan)

Secretary General