IMPORTANT DOCUMENTS.

Sunday, 31 August 2014

CENTRAL BOARD OF EXCISE AND CUSTOMS.

Minutes of the Meeting held on 31st July 2014 at the office of the DGHRD, Saket on the issue of Stagnation in Group B Executive Cadres



1.         Background for the Meeting :-  The CBEC commissioned a Study to examine and suggest solutions to the problem of acute stagnation in Group ‘B’ Gazetted and Non-gazetted Executive grades.  Shri Parkash Chand, Retired Deputy Secretary, was appointed as a Consultant for conducting the study, in association with Shri B B Agrawal, Additional Director General, NACEN. The Terms of Reference of the Study, as outlined vide the DGHRD O.M. F. No. 8/B/194/HRD(HRM)/2013 dated 4th July 2014, are as under :-
                    I.                        To examine and identify the reasons for the acute stagnation in Group ‘B’ Gazetted and Non-gazetted Executive grades ;
                  II.                        To examine and identify the reasons for intra-cadre disparity in promotions in the three streams of Non-gazetted executive grades, viz. Inspector Central Excise, Preventive Officer and Examiner ;
                III.                        To examine and identify the reasons for inter-cadre disparity in promotions in the three streams of Non-gazetted executive grades, viz. Inspector Central Excise, Preventive Officer and Examiner.    
                IV.                        To suggest an organizational Cadre Structure, i.e. sanctioned strengths at various levels in Group ‘A’ (particularly JTS / STS), Group ‘B’ Gazetted Executive, and Group ‘B’ Non-gazetted Executive levels, which would :-
a)      fulfil the reasonable aspirations for career progression of the Group ‘B’ Executive Officers by providing a reasonable and permanent solution to the overall problem of stagnation,
b)                  minimize the intra-cadre and inter-cadre disparities in promotions, and
c)      meet the numerical need of officers at various levels in keeping with the functional  requirements of the Department.
                  V.                        To suggest various ways in which, pending the permanent solution of the stagnation problem, interim relief can be given to the existing officers by way of schemes such as financial upgradation, etc.
                VI.                        To assess the legal / practical / administrative difficulties, if any, that may arise in implementation of their suggestions, and to suggest solutions for the same.
              VII.                        Any other issue that the Study Group may find necessary to include in its exercise.
2.         The above O.M. was placed on CBEC website www.cbec.gov.in under the link “Departmental Officers”→“Circulars”. A news item was also carried in this regard on the website of taxindiaonline in the DDT section.
3.         With a view to ascertain the views of the various Associations, a letter was issued to them on 20th July 2014, inviting them for a meeting on the 31st July 2014 at the DGHRD office at Saket, New Delhi.
4.         Accordingly, the meeting was held on 31st July 2014. It was attended by the following persons :-
Department side :-
1.      Ms. Neerja Shah, Director General, DGHRD
2.      Shri B.B.Agrawal, Additional Director General, CoE, NACEN
3.      Shri Parkash Chand, Consultant
4.      Shri Sanjai Srivastava, AAD, DGHRD
Associations side :-
Name of Association invited by the letter dated 20th July 2014
Names of Office Bearers who attended the meeting
IRS (C&CE) Association
Shri Metta Rama Rao, President
All India Central Excise Gazetted Executive Officers’ Association
Shri L N Mishra, President,
Shri Ravi Malik, Secretary General, and
Shri C S Sharma, Office Secretary
All India Central Excise Inspectors’ Association
Shri Anupam Neeraj, President
Shri Abhishek Kamal, Secretary General, and
Shri Devender Kumar, Liaison Secretary
All India Federation of Superintendent of Customs
None
All India Customs Preventive Service Federation
Shri I B Mishra, Secretary General
Federation of All India Appraising Officers’ Association
None
All India Customs Officers’ (Direct Recruit Appraisers) Association
None
All India Central Excise and Service Tax Ministerial Officers’ Association
Shri R.S.Gautam, Liaison Secretary
All India Customs Ministerial Employees Federation
Shri Saugata Chakaborty, Secretary General, and
Shri Swapan Kumar Das, Asstt. Secretary
           
5.         Shri B.B Agrawal ADG welcomed all the participants. He invited attention to the above O.M. and invited their views on the various issues.
6.         Written views were submitted by the following Associations :-
(1)   All India Central Excise Inspectors’ Association
(2)   All India Association of Central Excise Gazetted Executive Officers
(3)   All India Customs Ministerial Employees’ Federation
(4)   All India Central Excise And Service Tax Ministerial Officers’ Association
7.         Shri L.N. Mishra, President, All India Central Excise Gazetted Executive Officers’ Association presented their views on stagnation in the grades of Central Excise Inspectors and Superintendent at length. Reference to various Committees constituted on the issue in the past was also made. He expressed dismay over the non-implementation of their recommendations and wondered about the utility of the present study. The DGHRD intervened and assured that the house is meeting in good faith and the attempt is to find an amicable solution to the problems.  Shri Mishra referred to the frustration on account of non-implementation of earlier committees’ reports and said they have lost faith in the system. MACP available now is no solution of the problem. He suggested flexible promotional schemes as available to the Scientist etc. or batch wise promotion/upgradation to be considered. He further suggested that Cadre Reviews should also take place every 5 years.  As three streams of Inspectors Central Excise, Preventive Officers and Examiner get merged at group ‘A’ level, there is no need to keep the 3 different streams in the feeder grades of Inspectors/ Superintendent. The trifurcation has led to severe distortion as in some cases junior Inspector is heading the senior Inspectors selected through the same examination.
8.         Shri Metta Rama Rao, President, IRS(C&CE) Association stated that once a promotee is inducted into IRS, he is welcome by them. He further stated that Cadre Reviews should be held every 5 years. IRS Being a organized group ‘A’ service, no dilution of 50-50 DR / Promotees is possible. He further suggested that JTS Officers can be posted on national borders, more preventive formations on land customs and sea borders etc., which will facilitate creation of more group ‘A’ posts and may meet the hardship of feeder cadres to some extent. Needless to say it will require more vehicles and may also result in posting problems.
9.         Shri I.B. Mishra, Secretary General All India Customs Preventive service Federation, Chennai  stated that RRs of Appraisers have not been amended till today though DR posts are not being filled since 2002. He suggested more posts of JTS on functional need-basis and suggested a ratio of 1 DR to 3 Promotees for Group ‘A’. He also suggested creation of a separate Service of Inspectors/ Superintendent /ACs/DCs and so on which can be a parallel service to IRS and also cited the case of CSS and demanded parity in pay including NFSG and in- situ promotion at the level of Joint secretary as in CSS. He further stated that comparison can also be made to Income Tax Service.
10.       Shri. Saugata Chakrabothy Secy. General All India Customs Ministerial Employees Federation suggested promotions of Ministerial Staff to Inspectors should be in the ratio of 1 DR to 2 Promotees like in CBDT. He also raised the issue of 5% quota for the ministerial staff to Appraiser which was available earlier. He was asked to give his suggestion in writing which he agreed to give.
11.       Shri. Anupam Neeraj, President All India Central Excise Inspectors Association  pointed out intra-cadre disparity and inter-Cadre disparity. Supreme Court Judgment of Radhe Shaym Singh Vs Union of India was quoted. Further he desired that DOPT orders dated 03.07.86 para 2(1) be referred to for purposes of seniority of 1996 batch inspectors who ultimately after re-examination joined in 2003 be considered for promotion on All India Seniority basis so that disparity is removed to some extent. Mr. Abhishek Kamal , Secretary General, All India Central Excise Inspector Association and Devender Kumar, Liason Secretary All India Central Excise Inspector Association, also spoke on the same lines and favoured the merger of the 3 streams i.e. Inspector Central Excise, Preventive & Examiner. (At this juncture, Shri I.B Mishra representing All India Custom Preventive service Federation opposed the merger of 3 streams).
12.       Shri  Ravi Malik, Secretary Genertal, All India Central Excise Gazetted Executive Officers’  Association desired that RRs of Inspectors and above be amended as per guidelines of DOPT which provide 2 years’ service as qualifying service for promotion from Inspector to Superintendent. He also reiterated the points raised by Shri L.N.  Mishra.
13.       Shri R.S. Gautam, Liason Secretary, All India Central Excise and Service tax Ministerial Association desired that ratio of promotee to DR should be 66% and their interests be protected while addressing the hardship of Inspectors and Superintendents.
14.       Shri L.N. Mishra stated that Fundamental Rules talk about the Cadre and there should be parity in all Cadres. 3 separate All India seniority lists of 3 streams i.e. Inspector Central Excise, Preventive Officer and Examiner be drawn and parity maintained. He also referred to decision by Hon’ble Apex Court to which Shri Sanjay Srivastav of HRM responded that as per orders of the Supreme Court, present ratio of 6:1:2 is being maintained. There was request for some interim relief as officers in the grade of Inspector/ Superintendent are retiring every month and as such they will be deprived of the benefits of this study team recommendations as and when implemented. Further flexible promotion / batchwise promotion and in-situ promotion was also demanded by almost all the representatives of various associations.
15.       The Associations’ representatives also desired that minutes of the meeting be also issued to them, and another meeting be held before finalizing the Study report, which was agreed to by DGHRD and the Study Group.
16.       Shri B.B Agrawal ADG thanked all the participants for their views, and requested them to also send soft copies of their representations.  He also mentioned that they could send further views if any (including the oral submissions made today if these are not already included in their written submissions), in hard as well as soft copy.
17.       Shri Agrawal then invited the participants’ attention to the fact that one of the objectives of their Study is to arrive at a model structure for the relevant cadres, which if adopted in future, for future officers, would meet all the reasonable expectations in terms of career progression.  He said that the relevant numbers are as under :-
Level (in terms of promotional avenues)
Number of sanctioned posts
 (before CR)
Number of sanctioned posts
(after CR)
Remarks
Assistant Commissioner (JTS)
949
1249
Excluding the 2118 temporary posts
Superintendents
13948
19108
Including the equivalent posts of Supdt (Cus Prev) and Appraisers
Inspectors
20163
25203
Including the equivalent posts of Prev Officer (Cus) and Examiners
Total
35060
45560







Thus, there are about 25,000 Inspectors. In the model structure, an officer joining as Inspector would expect to get the next functional promotion, say, for example, in 10 years (residency period). By the time he becomes ripe for promotion, 10 more lots would have joined. Thus, it can easily be seen that for the stream to keep moving, the number of officers required to be moved up every year would be equal to the total corpus (i.e. 25,000) divided by the residency period (i.e. 10), which means that 2500 Inspectors would need to be promoted to Superintendent every year. Then, for 2500 newly promoted Superintendents to join the corpus of Superintendents every year, it would in turn mean that 2500 Supdts at the top would need to move out by way of promotion into the JTS. This would mean that the Supdts would need 19108 / 2500 = 8 years (approx) for promotion into JTS. This makes it 10+8=18 years. An Inspector joins at the age of say 26 years, so he would have 34 years of service. After the above 18 years for reaching the JTS, he would still have 16 years of service left. To continue with the calculations, for 2500 Supdts to move into JTS every year, 2500 direct recruit ACs would also need to join JTS every year (1:1 as per RR, unless changed). Hence, the JTS corpus would need to be 2x2500x4 = 20,000 (because in 4 years a JTS becomes STS, so every year, one-fourth of the JTS would move up).
18.       To recapitulate, the above argument yields the following numbers :-
Level (in terms of promotional avenues)
Number of sanctioned posts (after CR)
Number of years for next promotion
Number of posts required for the above “model” structure (working upwards)
Assistant Commissioner (JTS)
1249
4
20000
Superintendents
19108
8
10000
Inspectors
25203
10
25000
Total
45560
55000
Shri Agrawal explained that thus the total corpus of JTS+Supdt+Inspr would need to be 55000, for an Inspector to become Supdt in 10 years and for a Supdt to become AC in 8 years. Even if we modify the above figures for the fact that one-third of the Inspectors would be those promoted from the ministerial cadres and would thus have less service left, even then the numbers would pose a challenge. (The different assumptions made in the above calculations can all be changed, and the resultant figures can be worked out to arrive at various permutations and combinations, as long as we are able to find a model which is reasonable in overall terms).
19.       After having explained the above mathematical logic of the overall numbers, he requested the Associations to come up with a model structure of overall numbers from Inspector upwards (i.e. Inspector, Supdt, AC, DC, JC and so on), making various reasonable assumptions in terms of residency periods etc., which in their view would meet all the reasonable aspirations that a direct recruit Inspector could have in terms of career progression. He said that if it is possible to work out such an overall structure, then the internal details could always be worked out, and also the changes required in the RRs and other guidelines, if any, could also be taken up for a discussion with the appropriate authorities. However, while working out the revised numbers in various grades from Inspector (or equivalent) upwards, it was important to keep in mind the functional requirements at various levels, in view of the tasks that our department is required to perform. In other words, while there may be a reasonable flexibility to suggest changes in the strength at various levels so as to have a structure that removes stagnation, but revolutionary changes may not be possible.
20.       The representatives of the various Associations agreed to work on the above problem and come up with their suggestions about the possible alternatives for the overall numbers from Inspector upwards, keeping in mind the functional imperatives of the Department.
21.       The meeting ended with a vote of thanks to the Chair.



GOVT NOT GIVING IMPORTANCE TO CENTRAL EMPLOYEES DEMANDS OF INCOME TAX,MERGER OF DA,INTERIM RELIEF,LTC etc.-AIACEGEO.


Top leaders of the present Central Government had showered promises to the working class, especially the Central Government Employees during General Election. The promises including exemption of Income Tax limit up to 5 lakhs and many other assurances appeared to have more than 80% Government Employees in favour of them. But today we see the blatant negations of the promises made by them.
                                                                                     
Income Tax

As against the promise of exemption of Income tax limit up to 5 lakhs, a mere increase of Rs. 30000 i.e. from Rs. 220000 to 250000 made whereas everybody know the minimum annual increase of salary due to increments and  DA during the period 1/4/2013 to 31/3/2014 is more than 50000. Thus, in spite of Rs. 30000 exemption, the lower income group whose gross salary is less than Rs. 5 lakhs has been charged more taxes than the previous year.

Granting of IR/Merger of DA

Yet another betrayal from the stand taken in favour of central Government Employees by the then major opposition party is the refusal of giving IR/merger of DA. It is said that merger of DA is not considered because 6th Pay Commission in its report has not recommended for such merger. It is worth mentioning here that constitution of 7th Pay Commission was also not recommended by the 6th Pay Commission.

Cancellation of LTC by air for low class employees:

Moreover, prior to the Government taking over the charge lower level central Government employees had allowed LTC for North East/Jammu & Kashmir by Air. Granting of LTC by air to the 28 lakhs Group C employees for North East and Jammu & Kashmir were chiefly aimed for the economic growth of these statesand more integration with the rest of India.  But the Government has withdrawn the facility. On the other hand officers with Rs. 5400 and more Grade pay are still allowed to fly anywhere in India either on tour or LTC.

Installation of Biometric punching machine

Now the Government of India has announced installation of biometric punching machine in all its offices in a phased manner and the same are being linked with Aadhar. In this series most of the Government Offices functioning in Delhi has already been installed and the remaining offices have been asked to install the machine immediately. But, merely installing biometric punching machine and asking the employees to report duty in time will not solve the issue. A section of employees especially employees belong to lower income group working in Delhi offices are living outside Delhi. It has come to know that persons residing more than 150 Kms away from Delhi are attending duties in Delhi offices by travelling local trains & other conveyance.  What prevent them to stay in Delhi? First reason is non allocation of Government quarters in the nearby places of their posting. Secondly, the living cost of Delhi is not bearable to a low class employee because the successive pay commissions and Governments neglected them. According to the 6th Pay Commission pay structure MTS, LDC or the posts with equivalent grade would not get net monthly salary more than Rs. 14000-16000. How they manage a family with this meager amount? So they used to live in the joint family in the home villages in the nearby areas of Delhi. Since being the value of humanity is above than everything, Government should study and solve the problems faced by this section also.

By concluding this, WE,would like to produce a comment written by an anonymous person on Ministry of Finance directive to keep economy in use of paper in Central Government Offices. “Finance Ministry, Dept of expenditure, DoPT is the major breeding grounds of unnecessary expenditures. They are the root cause of many court cases. They did not accept to implement the judgment to similarly placed employees, like the case of MACP in promotional hierarchy. This lead many cases filed in various courts all over India. This result into huge expenditure to govt. in respect of legal adviser fee, court fee etc. But they go on speaking about economy in use of paper. They never apply their mind to curtail court case expenditure”.



COC Karnataka meets Chirman 7th CPC at Bangalore

Confederation of Central Government 
Employees and Workers
Karnataka State

The meeting with CHAIRMAN AND MEMBERS of 7th Central Pay Commission was held at Bangalore 0n 24th August 2014 for about 50 minutes.
The following members of COC Karnataka participated in the meeting.
Com S. Radhakrishna President of COC Karnataka
( Representing department AG’s)
Com Juliana Vincent Vice President of COC Karnataka
(Representing department Survey of India).
Com P.S.Prasad General Secretary of COC Karnataka
(Representing department Central Ground Water Board.)
Com Vinod Joint Secretary of COC Karnataka
(Representing department Income Tax office).
Com M,Ramakrishna Joint Secretary of COC Karnataka
(Representing department RMS).
Com Dominic Vijaya Anand Finance Secretary COC Karnataka 
(Representing department Postal Accounts).
Com D.K.Bharathi Assistant Secretary of COC Karnataka
(Representing department Postal Admin.)
Com Muthukumar Advisor of  COC Karnataka
(Representing department Postal.)
Com C.A.Kamesharwary Asst Finance Secretary of COC Karnataka
 (Representing department IMD.)
The President Com Radhakrishna welcomed the Chairman and Members of the 7thCPC for the meeting.
The General Secretary Com P.S.Prasad presented the power point presentation.
The interactions were held for about 50 minutes with the Pay Commission officials,
Com   Radhakrishna, Com P.S.Prasad, Com Muthukumar , Com Vinod, & Com Ramakrishna spoke effectively on various subjects.
The following items and points were presented:
Bangalore Prices:
It was brought to the notice of the commission that the cost of living is high in Bangalore compared to other metro cities in the country and the prices of all essential commodities are comparatively high in the State of Karnataka. House rent is in the range of  Rs 7000/- per month to Rs 35,000/- per month. The private school fees is from Rs 25,000/- to Rs 50,000/- per year.  Donation is also too high, the cost of local transportation is from Rs 2000/- to Rs 10,000/- per month.
(This was only informative portion on prices)

Minimum Wage:
It was brought to the notice of the commission that:
a)      Since Government is a model employer, they should provide minimum wages as per the 15 ILO conference and other wages as per the educational qualification & skill requirement of the job .
b)      Higher skill requirement due to computer usage and modernisation of equipment's. The skill requirement is higher compared to earlier days due to technology advancement.   
c)      The  higher inflation which is existing from the last eight years which is effecting the Government Employees, the money value has gone down to a large extent & there is erosion in wages.
d)      The salaries of the Government Employees are fully accounted for tax calculation, whereas in private sector allowances are not taxed.
(The commission Agreed to consider this on the lines of JCM memorandum)
It was brought to the notice of the commission that to attract higher talent to Central Government higher pay scales should be given.
(The commission was of the view that people choose their career on various aspects including wages.  Wages of Government employees cannot be compared with private sector.   It was pointed out by us that though the wages cannot be compared with private sector there is a need to keep the wages in central government that people will continue in government after joining.  Chairman assured to examine this aspect)

EQUAL PAY FOR EQUAL WORK
It was brought to the notice of the commission that in respect EQUAL PAY FOR EQUAL WORK
a)      For the same post which include similar duties and responsibility, there are different pay scales/ Grade Pay existing for same nature of duties and similar recruit qualifications.
b)      Grant of Grade Pay Rs.4800 to all Supervisors cadre.
c)      The gazetted Group “B” post be  started  from Rs 5400/- GP. 
d)      LDC pay scales should be provided with Grade Pay of Rs.2400 as their minimum qualifications is 12th std.
e)      There should not be any discrimination in the Pay scales of CSSS Cadre and Subordinate Departments since the nature of work being carried out by them is similar. Hence, disparity is to be removed.
f)        The Drivers of Subordinate offices  be placed with starting pay of Rs 2400/ GP as in Lok Sabha Secretariat.
g)      Graded structure for MTS should also be recommended as the 5th CPC vide para no 53.13 had recommended graded structure for these MTS.
h)      Pay scales of Stores wing persons be upgraded considering their work load and level of responsibility.
i)        Provide additional increment w.e.f. 01.01.2006 to staff working in old pay scale Rs.7450-11500 as in case of Inspectors of Central Excise and Income tax departments.
 (The commission positively agreed to consider this suggestion except Drivers case.)
Increment rate of 5% and Promotion policy.
It was brought to the notice of the commission that on Increment rate of 5% and Promotion policy.
a)      As the Government employee put more and more service, he will be more trained to perform his duties in a better befitting manner. Thus the Government is more beneficial as good quality of work can be expected from an experienced official.
b)      His family responsibility will increase with age.
c)      They has to educate the children in professional courses, marriage of his children has to be performed, his medical expenses will also increase.
d)      There should be adequate financial protection for him, the better rate of increment should motivate him to work more.
e)      The person joining a Central Government Service is not just for the employment is for a whole career.
f)       On promotion one shall get two additional increments subject to an minimum salary increase of Rs 3000/- per month as he will perform higher duties and responsibility's.
g)      He shall get not less than five financial up gradations in promotional hierarchy during his service to motivate him to work more.
h)      Similarly the scientist are provided to FCS and get promotions every 4 years.
(The commission positively agreed to consider this suggestion.)
Consumer Price Index & Dearness Allowance Formula.
It was brought to the notice of the commission that on Consumer Price Index & Dearness Allowance  Formula.
a)      CPI as on 1/1/2006  was 115.76 points.
b)      CPI as on 1/1/2014  was 237 points.
c)      The CPI has increased by 121 points .
d)      But the DA increased by just 100% as on 1/1/2014 from 1/1/2006.
e)      The actual DA should have been 121 % not just 100% as on Jan 2014.
f)       Actual increase in price rise is more than 200 % and DA should have been more than 200%.
g)      6 months average DA computation of Consumer Price Index should be provided to Central Government employees rather than 12 months average.
h)      Rounding off DA be done whenever it crosses fraction more than 0.50
(The commission positively agreed to consider this  suggestion.)
Allowances:
It was brought to the notice of the commission that on Allowances
a)      All allowances such as HRA, Tour DA, CEA (tuition fees) , Cashier Allowances, etc. should be increased by four times.
b)      OTA & Night Duty to be paid on par with Railways .
c)      When ever there is an increase in Dearness Allowance, the above  allowances be also increase as in the case of Transport allowance.
(The commission positively agreed to consider this suggestion.)

Transport allowance:
It was brought to the notice of the commission that on Transport allowance
a)      The  field oriented organizations like CGWB, Survey Of India, GSI, IBM, IMD, etc. most of the categories remain in fields, even Postal Employees and AG's Employees  are effected.  
b)      Now the field going staff are deprived of earlier CCA and present Transport Allowance as they cannot fulfill the condition of at least one day stay in a month in head quarters.  
c)      This condition of being present at Hqrs. Office at least a day in a calendar month becoming eligible for transport Allowances should be removed.
(The commission positively agreed to consider this suggestion.)
Taxes:
It was brought to the notice of the commission that on taxes:
a)      The  Fifth Central Pay commission in its report vide para no105.12 has said that  Dearness allowance  be paid free of net taxes as the DA is paid for compensation against price rise. All other allowances should also be paid net of taxes which has been examined by 5th CPC in para no 167.
(The commission agreed to examine this suggestion.)
Health Care system:
It was brought to the notice of the commission that on Health Care system
a)      More CGHS hospitals should be made available or alternatively the person should have the option to choose any of the hospitals of his choice and the bill to be passed with AIMS rates.  
b)      Existing CGHS system needs improvement.
c)      Proper ward entitlement should be made as per grades.
d)      Cash less facility for hospitalization.
e)      Autonomous bodies shall also be included in CGHS
(The commission to examine this suggestion, but not satisfied with demand of Cash less facility for hospitalization.)
It was brought to the notice of the commission that on following issues.
Other points:
a)      Central Government Strength.
b)      Non-filling up of vacant posts has resulted in increased work load on the existing employees.
c)      Lower Spending by Central Government on its Employees.
d)      Leave / Holidays.
e)      12 days Casual Leave.
f)       Restrictions EL of  300 days to be removed.
g)      The PSU are providing reward medals after 15 years, 25 years and end of service, similarly such reward should be provided to Central Government Employees.
h)      In case of death of Government Servant during while on duties, his family members should get compassionate  appointment not considering restrictions of 5%.
i)        Education Loan should be provided.
(The commission to examine this suggestion)