Minutes of Central Executive Committee meeting held in Mumbai on 21.12-2014
INDIAN REVENUE SERVICE (CUSTOMS & CENTRAL EXCISE) PROMOTEE OFFICERS’ ASSOCIATION
Minutes of Central Executive Committee meeting held in Mumbai on 21.12-2014
The first Central Executive Committee Meeting of the Association was held on 21-12-2014 at NACEN, Mumbai.
The meeting started with the customary lighting of lamp and a mellifluous invocation song Bharat Mata ki Bandana by Smt. V. Kolhatkar of Mumbai, Zone . Following the Bharat Bandana, Smt. V. Kolhatkar, the President of the Mumbai Zone Welcome the delegates and addressed the gathering. Shri. SK Patil Organising Secretary briefed on the formation of New Association and handed over the proceedings of meeting to Secretary General, Shri Lokanath Mishra. The House decided to select Shri A.S.Roy of Kolkata as Working President & requested Shri. A.S. Roy of Kolkata to preside over the meeting as the President, AK Sharma could not make it attend due to cancellation of his flight.
2. The President conducted the proceedings inviting views by all attending delegations & the office bearers as per agenda points. The meeting was attended by the office-bearers of Mumbai Zone/s, Pune Zone, Kolkata Zone, Bhubneshwar Zone, Patna Zone, Ahmadabad Zone & Indore Zone. The representatives of Lucknow Zone, Bangaluru Zone, Kochin Zone, Shillong Zone, Jaipur Zone & Chennai Zone conveyed their support telephonically as most of them could not make it due to cancellation of flights(Spice-jet effect). The Secretary General of AIACEGEO, The President of AIACEGEO, Delhi Unit, The General Secretary of AIACEGEO, Mumbai, Unit, Joint Secretary AIACEGEO(West Zone) , Retired Asst. Commissioners S/Shri K.S. Pandit and N.K. Mishra have also attended the meeting. The President, AIACEGEO could not attend the meeting however he has sent a message for successful of the meeting.
3. As per the agenda points the Secretary General Shri Lokanath Mishra presented the action taken report. He appraised house upon the circumstances that lead to formation of the new Gr-A Association, and elaborated on the actions undertaken by the current ad-hoc Body under his leadership. He explained on the purpose & actions like presentation before the VII Central Pay Commission, Meetings with Political, Administrative & CBEC authorities etc, In his report the Secretary General has stated that” at present the strength of Gr-A officers in CBEC has been increased to near about 5600 nos. 2118 temporary posts have been reserved for promotee officers and revised ratio for promotions is 13.2.1, hence the strength of Gr-A promotee officers after total implementation of Cadre restructuring is to be near about 3500 nos. and out of these 3500 nos. near about 2800 nos. promotee officers are promotee officers of Central Excise cadre .A historical decision was taken in the last Convention of All India Association of Central Excise Gazetted Executive Officers held during 01.11.14 to 02.11.14 at Daman by amending it’s Constitution to include Gr- A promotee Officers promoted from the grade of Superintendent of Central Excise as members of the Association. It was also decided that except to the post of chief executive, other posts of the Association can be occupied by promotee Gr-A officers. As per such Constitutional amendment all cadre’s related problems of Gr-A promotee officers are to be tackled by AIACEGEO like ITGOA. However in certain cases pertaining to Gr-A cadres particularly framing of Transfer and Placement Policy for Gr-A officers, framing of recruitment rules and other welfare measures Board by only consulting IRS ( C&CE) Association, is taking all the decisions. The Constitution of IRS(C&CE) Association does not provide membership to promotee Gr-A Officers. The retired promote Gr-A officers of Central Excise and Customs department are not having any Pensioner’s Forum for redressal of grievances relating to pension and other retirement benefits. Considering all such issue a meeting was held at Daman on 02.11.14 by certain promotee Gr-A officers and it was unanimously decided to form one welfare Association in the name and style –“Indian Revenue Service( Customs and Central Excise) Promotee Officers’ Association”. It was also decided that since this is a welfare Association, Gr-A promotee officers are to be members of both the Associations (i.e. .AIACEGEO and IRS(C&CE) Promotee Officers Association). As decided a blogpost account in the name and style CENGOA.BLOGSPOT.IN has also been opened. It was decided that main aims and objectives of this Association would be : 1. Create awareness for creation of one Federation amongst all recognized and un recognized Associations of field formations of CBEC. 2. Create awareness of oneness amongst all employees of Central Excise, Customs and Service Tax department. 3. Cleanness in offices and proper sitting arrangements with proper infrastructure. 4. Try to solve all pensioner';s problems of IRS ( promotee) officers. 5. Submission of a memorandum before 7th CPC with condonation of delay. 6. Provide all support for the case filed in SC for effective of revised ratio since 1997. 7. Submit representations for implementations of DOPT circulars by CBEC to conduct DPC in time, conducting of CR in time , framing of RRs, decisions on vigilance cases etc. 8. Submit representations to maintain parity in promotions and pay related issues.9. Timely disposal of vigilance cases.10. Continuance of temporary posts further and to allow temporary AC further promotions.11. Provide full support to AIACEGEO for redressal of grievances. It was also decided to form one adhoc committee for the Association.
That the Association has submitted representations to Stagnation Committee ,TARC, FM, MOS/DOPT, MOS/ Revenue, Chairman/ CBEC and 7th CPC for redressal of following grievance points (i) Gr-B Gazetted officers of CBEC may be promoted directly to a senior group ‘A’ post (STS) like many other counterparts of them. (ii)The Gr-A promotee officers of CBEC initially recruited as Gr-B may be granted at least non-functional financial upgradation at par with their counterparts of CSS on batch to batch basis.(iii) The retired IRS( C& CE) promote officers may be allowed to work against vacant JTS/STS posts on contractual basis and these retired officials may be engaged to plead the cases on behalf of the department before different benches of CESTAT and Commissioner ( Appeal).(iv) Necessary action may be initiated for introduction of a Flexible Promotional Scheme on in situ basis to provide time bound promotions to executive officers of CBEC. (v)MACP upgrdations may be granted on promotional hierarchical basis as per the Court decisions (vi) Recent promote Gr-A officers may be provided with proper sitting arrangement with adequate space and infrastructure and a proper transfer and placement policy may be framed for Gr-A promotee officers in consultation with the representatives of our Association.Two more representations have been submitted to Board for framing of recruitment rules to grant promotions to Superintendents of Central Excise directly to STS post and immediate disposal of pending vigilance cases.The 7 CPC allowed personal hearing twice to this Association once at Mumbai and another at Jodhpur. Shri Ravi Malik, Shri S.K. Patil, Shri J.P.Sharma,Shri Bist and Smt. V.Kolhatkar appeared before the 7th CPC at Mumbai on behalf of the Association on 19.11.14 . 7th CPC on principle accepted our submissions to grant promotion directly to the post of Deputy Commissioner. Shri S.K.Pareek, Shri Ravi Malik and Shri P.R. Paliwal have again appeared before 7th CPC on 12.12.14 at Jodhpur on behalf of the Association and urged before 7th CPC to introduce one rank one pension in our department like the department of Defense. This is the only Association , which has been called by the 7 CPC twice for oral evidences. The Secretary DOPT and DG/HRD invited us for discussions on our grievance points, but due to shortage of funds, we could not avail such opportunities for redressal of our grievance points. CBEC vide F.No. A12018/3/2014-AdII dated 8.12.14 circulated one faulty draft amendment in the IRS(C&CE) Gr-A Rules 2012. Our Association has raised objections to such draft amendment and submitted one representation to Chairman , CBEC iteralia stating that:
“After approval of Cadre Restructuring -2013 of CBEC by Cabinet, necessary notification was issued vide F.No. A.11019/08/2013-Ad.IV dated 18.12.13 by CBEC
“It is interalia mentioned in Para 7 of such CBEC F.NoA.11019/08/2013-Ad.IV dated 18.12. 2013 that " Wherever the posts recommended for abolition are filled up at present, such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement, resignation etc". Where as contrary to such Cabinet approval, the draft Recruitment Rules vide para 4 (3) provide that "these temporary posts shall be in existence up to 17.12.18 and the officers promoted to these posts will not be entitled to seek further continuation on these posts beyond the specified period for which the posts have been created" . Para 4(2) to draft recruitment rules provide that "on and from the date of commencement of these rules, the authorized permanent and temporary strength of various grades of service shall be as may be determined by the central government from time to time subject to variation depending on work load". Therefore a specific provision is required to be mentioned in these rules that “continuation of these temporary posts will depend upon the work load and if any posts will be recommended for abolition, the such abolition will be effective on such posts being relinquished by the existing incumbents by way of promotion, transfer, retirement , resignation etc. " .The temporary Asst. Commissioner posts are Gr-A like regular Asst. Commissioner posts, hence there shall be one provision for these posts that involvement of UPSC is not at all required to grant promotions to the grade of Asst. Commissioner, whether regular or Temporary. Consultation of UPSC in DPC to grant promotions to Asst. Commissioner Posts whether regular or temporary is not at all required as such promotions only based on seniority cum fitness and not selection by merit. A note under rule 5(3) (b) provides that - "For the purpose of making promotion from Gr-B to Gr-A from amongst the categories of officers mentioned in sub-rule (3)(a)(i) a combined eligibility list of Supdts. of Central Excise and Distt. Opium Officers or Supdts. in Narcotics department shall be prepared with reference to the date of completion by officers of the prescribed qualifying service in the respective grade or post where as vide para 5(4) it is prescribed for 13.2.1 ratio amongst the feeder categories. DOPT guidelines do not prescribe for fixation of ratio, hence instead of fixation of ratio there should be a provision for preparation of common seniority list amongst all the feeder categories to grant promotions. Board can not prescribe two principles to grant promotions in the same recruitment rules. The determination of such 13.2.1 ratio is totally in correct. The so called ratio has not been determined on the basis of working strength of the 3 feeder categories to provide proportional representations on promotional posts. The Superintendents are required to be promoted directly to the post of Deputy Commissioner. it is required to frame the recruitment rules to maintain base cadre parity in promotions, however if for any reason base cadre parity can not be maintained then at least recruitment rules may be framed to maintain parity in promotions amongst all three feeder categories duly abolishing the system of ratio as fixed for promotions. It has been provided that 50% of regular posts of JTS Grade shall be filled by promotion, as acute stagnation is existed in the grade of Superintendent of Central Excise, this ratio is required to be enhanced to 75% at least”. In our representations we have challenged the RRs duly raising the following points:
1. Merged grade ix with viii.
2. Continuance of temporary posts should be based on determination of strength depending upon work load of the department as well as removal of stagnation etc.
3. If any temporary posts will be determined for abolition, such abolition will be effective on such posts being relinquished by the incumbents by way of promotion, transfer, retirement resignation etc.
4. Promotion should be granted directly to STS post, that mean 75% posts of JTS regular should be upgraded to STS and 75% of total DC posts should be earmarked to grant promotion directly to AC temporary/ or on availability to Gr-B gazette to the DC posts.
5. Abolition of ratio system and introduction of common seniority list of all 3 feeder categories for proportional representation amongst all 3 feeder categories in promotional posts”.
4. The House then deliberated upon various subjects like Name & style of the new Gr-A Association, Functions to be undertaken by the ad-hoc office bearers, Constitution of the new Association etc. The Secretary General has explained that the Association was created hurriedly with the sole objective to submit memorandum before the 7th CPC. At the time of submission of memorandum before the 7th CPC, he was also President of AIACEGEO. Therefore he has submitted the report as Secretary General of a welfare Association and not a service Association, hence he requested to change the name of the Association if required after submission of the report by 7th CPC. The President, after due deliberations, directed the Secretary General to place a proposal relating to the finalisation of Name of the Association & approval of Constitution before the General Body Meeting.
5. The House then deliberated upon the proposed amendments to the IC&CE Gr-A Recruitment Rules by CBEC. The members in the house pointed out many shortcomings in the proposed Draft of these RRs, and expressed dissatisfaction over racial discrimination tried to be inflicted upon by the administrative department. The delegation of Kolkata & Pune come up with suggestions for bringing out correct amendments to ensure just, fair & equitable promotions to the Gr-B officers recruited in Gr-A by way of Promotion based on Hand Book on Recruitment Rules (HBRR) issued by the Nodal Ministry viz:DoPT. The House agreed & authorised committee of Shri. Anindo Roy & Shri. SK Patil to prepare a Draft representation with reference to representations already submitted without changing our stand for base cadre parity or common seniority in feeder categories or change of ratio considering the working strength. The draft so prepared would be sent to Shri B. Chakravarthi the drafting committee Chairman of the Association (who had finalized the earlier draft) for finalization and after such finalization, the same will be submitted to Board on the proposed amendments to RRs.
6. The House took-up the issue of ';Infrastructure & Discrimination-within Gr-A'; issues, as most of the members had shown deep concern on this subject. The House after detailed deliberations, arrived to the conclusion that though their shall be some teething problems in the initial stages of setting up infrastructure in place, it was pointed by attending delegates that there is general feeling of discrimination among the promotee Gr-A executive. The House therefore decided to take up this issue with the authorities and a Committee of Shri. Pramod Savant & A Kulgod was formed to draft representation to be sent by our Association. As regards discrimination, it was decided after due discussions that suitable letter shall be sent to the authorities showing general resentment & mentioning specific incidences, the draft of such representation will also be prepared by such committee.
7. The House specially appreciated the attendance & active participation of the General Secretary of CESA Mumbai Shri. AK Sasmal, All India office bearers of AIACEGEO Shri. R Mallik & Shri CS Sharma, the Gr-A officers from feeder cadre of Supdt Customs(Prev) Shri.Dabral & Shri Dass, and retired Gr-A officer Shri. KS Pandit and Shri N.K. Mishra. Shri A.K.Sasmal appealed to the house to pass resolution condemning the racial attitude tried to import in proposed Gr-A RRs against the promotee Gr-A officers. While addressing the house, Shri. R Mallik appraised the House on the circumstances in which the Gr-B to Gr-A promotion process underwent during Oct 2014 & emphasized need to maintain sustained pressure to achieve the desired goal of ensuring PB-4 pay benefits to all the executive officers joining as an Inspector Central Excise. He also requested the new Association to stay united with the Gr-B executive on the issues of common interest. Shri. Dabral appreciated the efforts of All India leaders of Gr-B Executive as well as of newly formed Gr-A Association, in securing promotional rights of the 2 feeder cadre officers in an historic way. Shri N.K. Mishra retired AC has stated to form a pensioners’ forum for all retired officers of Central Excise and Customs department under the banner of this Association. Shri. KS Pandit appraised the House on the current state of the petition filed by him in individual capacity. He informed the house that recently about 100 more retired officers have joined in his petition lying before the Supreme Court, and requested the Association to join and support his petition by way of filing one IA. The Secretary General appreciated the efforts made by Shri K.S. Pandit in challenging the issue before the Apex Court. The Secretary General has informed that a case in Principal Bench of CAT has been filed by the AIACEGEO duly challenging the RRs to maintain base cadre parity. However the case filed by Shri K.S. Pandit is related to implementation of judgement dated 03.08.11 of Apex Court w.e.f 01.01.97, hence there is no harm in supporting the case filed by Shri K.S Pandit without appealing any thing contrary to the case pending in Principal Bench for base cadre parity. It was also ascertained that in rejoinder, Shri K.S. Pandit has cited the Apex Court decision delivered in Badani’s case , which is related for notional promotion also. After due deliberations, the house resolved and directed the Secretary General to join and support the case filed by Shri K.S. Pandit in Apex Court by way of filing IA without stating any thing before the Apex Court contrary to the case filed in Principal Bench by AIACEGEO to maintain base cadre parity in promotions. The house has requested Shri K.S. Pandit to supply a copy of his petition to the Secretary General for record. The house has also requested the Pune Zone to bear all expenditure on filing of IA by the Secretary General including his TA to meet advocate for finalization of petition and signature on the same etc.
8. It was decided that the present adhoc committee will be continued till the office bearers are being elected in general body meeting after approval of Constitution by the general body. It was also decided to hold the next Central Executive Committee meeting at Kolkata.
9. It was requested to all the Central Executive Committee members to hold a general body meeting in their respective zones to elect zonal office bearers and to form a pensioners’ forum urgently, so that Convention can be held to approve the Constitution and to elect office bearers of the association democratically.
10. Redressal of grievances- All the promote IRS officers promoted from the cadre of Superintendent of Central Excise are at present members of AIACEGEO, hence all the problems related to such Gr-A members are to be tackled by AIACEGEO. It has been decided that copies of representations if any are to be sent to AIACEGEO for submission of representations on similar lines and persuasion for redressal of grievances. At present the office bearers of AIACEGEO after promotion will be continued till the completion of the tenure and if they want to contest in the next election, they can contest for any posts except to the posts of General Secretary/ Secretary General ( Chief Executive Posts) .
11. . The Secretary General, Shri Lokanath Mishra then appealed to the House to motivate general members in their zones and create strong Reserve Funds of the new Gr-A Association. He alerted the house on need to have correct amendments to Gr-A RRs. He asked the Organising Secretary to maintain the Accounts for the Association Funds. On behalf of the Association, he thanked all the delegates, guests and , office bearers in attending the meeting and making the meeting a grand success. He also thanked all the office-bearers of Mumbai Zone for arrangement of meeting in a short time.
9. The meeting ended with vote of thanks on behalf of Mumbai Zone extended by Shri. Garg to all the participants & Delegates.
The following delegates/office bearers/ guests attended the meeting.
36. J.P.SHARMA AC, MUMBAI.
( LOKANATH MISHRA)
SECRETARY GENERAL.
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