INDIAN REVENUE SERVICE (CUSTOMS & CENTRAL EXCISE) PROMOTEE OFFICERS’ ASSOCIATION.
Secretary
General: Address for
communication:
Lokanath
Mishra C.R.Building ,
Bhubaneswar- 751007
Mob. 09437314941
mail –jailoknathjee@gmail.com
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Ref. No.
1/IRS/2014 Dated the 26 th. November.2014.
To
Shri Arun
Jaitley
Honourable Finance Minister,
Government of India,
North Block,
New Delhi-110001.
Sub: Submission of grievance points of the members of Association
for considerations-regarding.
Sir,
2. The main workforce of the Central Excise and
Customs department i.e. the Group –B
Executive cadres is absolutely stagnated and earns only one promotion in an
average service life of 36 years. The reason behind is an abysmal feeder cadre,
promotion cadre ratio of 46: 1 at the Group A. Unfortunately, after
implementation of the present cadre restructuring, instead of lessening the
ratio will further increase, since against creation of 6500 new Superintendent
post (Gr. B feeder cadre to Gr. A entry grade), only 300 new Assistant
Commissioner posts on regular basis (promotion/ entry grade post) are being
created. The causation of frustration of any cadre is
any organization is due to stagnation. The Executive cadre of Central Excise is
a totally stagnated cadre. Superintendents of Central Excise almost ninety nine
percent of total cadre strength are retiring in the same cadre without getting
promotion to Gr-A. The Acute stagnation is existed in this cadre due to
following basic reasons.
(i)
The Cadre review exercise have
not been conducted periodically in every five years in CBEC in accordance with
IV CPC & V CPC recommendations and DOPT OM No. 2/1/87-PP dated 23.11.1987.
(ii)
Fair, just and equitable shares
have not been provided to Central Excise side for promotion to Gr-A on the
basis of Cadre strength.
(iii)
Framing of faulty Recruitment
Rules by CBEC.
(iv)
There is no scheme of In-situ
promotional/Time bound promotion/Flexible complementary scheme/Fast track
promotional etc for the cadre of Supdt. Central Excise and the ACP/MACP
beneficiaries have not been provided with higher responsibilities/duties and
designation etc.
(v)
Inter cadre and intra cadre
disparity in promotions.
The cadre restructuring of Central Board of Excise
was approved by Union Cabinet
during the month of December, 2013. The Central Board of Excise and Customs does
not implement the guidelines of DOPT to grant promotions to the grade of Asst.
Commissioner. OM No. 22011/9/98-Estt. (D) dated 08.09.1998 of
DOPT(Govt. of India), interalia provides
that “the DPCs should be convened at
regular annual intervals to draw panels which could be utilized on making
promotions against the vacancies occurring during the course of a year. For this purpose it is essential
for the concerned appointing authorities to initiate action to fill up the
existing as well as anticipated vacancies well in advance of the expiry of the
previous panel by collecting relevant documents for placing before the DPC.
DPCs could be convened every year if necessary on a fixed date. The Department
should lay down a time schedule for holding DPCs under their control and after
laying down such a schedule the same should be monitored by making one of their
officers responsible for keeping a watch over the various cadre authorities to
ensure that they are held regularly. Holding of DPC meetings need not be
delayed or postponed on the ground that Recruitment Rules for a post are being
reviewed / amended. A vacancy shall be filled in accordance with the
Recruitment Rules in force on the date of vacancy. Very often, action for
holding DPC meeting is initiated after a vacancy has arisen. This results in
undue delay in the filling up of the vacancy causing dissatisfaction among
those who are eligible for promotion. It may be ensured that regular meetings
of DPC are held every year for each category of posts so that an approved
select panel is available in advance for making promotions against vacancies
arising over a year. No proposal for holding at DPC should be sent to UPSC until and unless all the ACRs complete and up to date are available . In certain
cases involving collection of large number of ACRs, the proposal can be sent
only if at least 90% of the ACRs are available”. The Central Board of Excise and Customs does
not implement such OM to grant promotion to the grade of Assistant
Commissioner. In several occasions DOPT
has instructed that “all departments should take action to fill up
the posts in good time before vacancies actually occur”. It has also been stipulated by DOPT that in case where there is
unjustifiable delay, responsibility for the delay should be assigned and those
responsible should be suitably dealt with. Great framers of the Constitution of India
while framing the Article 309 were under a wrong impression & expected that
the top Bureaucrats in free India would be unlike the Colonial Bureaucrats but
unfortunately , the attitude of the Bureaucrats, in general, has not changed even
now. Instead of showing due respect to the Rule of Law & Justice and also
instead of being loyal and faithful to the President of India and the
Constitution of India, they act in an awfully irresponsibly manner and
unbecoming attitude of the Union of India. CBEC
does not show any interest to grant promotions to Gr-B Gazetted officers of the
department and also CBEC does not having any interest for collection of more
revenues. The CBEC officials work with motive “all the good for self, self ego
& power”. In the Cadre Restructuring - 2013 of CBEC
(notified on 18.12-2013), 489 senior level posts ( Principal CC to JC) have
been created whereas 500 posts (regular ) have been created at the cutting edge
level i.e. DC/AC. The consequential vacancies at the level of AC ( regular)
will be 989 ( 489 + 500), which is proposed to be filled-up @ 50% by promotion
and 50% by Direct Recruitment in accordance with the RRs. In effect, majority
of these posts are going to remain unfilled for next three to 12 years. Particularly,
in F.Y.s 2013-14 and 2014-15, only 484 vacancies are likely to be filled by way
of promotions as the corresponding 485 DR vacancies will actually be available
only within 12 years as recruitment process of UPSC cannot commence before
February, 2016 . Further, as on date there are around 250 vacant posts of AC on
direct quota and during next 10 years around 1000 nos.of regular posts (
approximately 100 nos. for each and every year)will be lying vacant . For
effective cadre management and as per UPSC norms the ideal DR quota shall be
around 150 per year and UPSC will not be inclined to recruit more. Hence
approximately 12 years will be required to fill up all such posts ( 250 +485+
1000 = 1735)by UPSC. Accordingly, a good nos.of AC posts are remain vacant for
next 12 years. Further, as per DOPT OM No. No. I-11011/1/2009-CRD dated
14-12-210 “The Cadre Controlling Authorities are, however, advised not to
resort to any bulk recruitment as it would create a bulge in the structure
leading to stagnation at later stage. This may be kept in view while projecting
recruitment planning.” It is surprising to note that as to how CBEC lost sight
of such important advice of DOPT.
Keeping a large number of posts vacant, in the grade of AC for a period
of 12 years is bound to adversely affect the revenue collections and result in
tardy Tax Payer Service. Besides, it will create a real bottleneck directly
affecting promotion prospects of Gr-B Gazetted officers of Central Excise and
Customs Department, , the feeder cadres for AC. Stagnation level in the grade
of Superintendent of Central Excise is presently nearly 20 years. It will be
increased to 24 years in the coming years and will be resulted that many
Superintendents will retire without joining in Gr-A. . Thus, the present scheme
of filling-up 989 posts of AC in the ratio of 50% by Promotion and 50% by
Direct Recruitment, will have demoralizing effect on more than 90% officers at
the cutting edge level (Gr-B Gazetted). If such large number of posts at
cutting edge level are kept vacant, it is anybody’s guess as to how the
promised growth in revenue collections in the coming years will be achieved. We
are sure that these intricacies would not have been duly highlighted in the
proposals submitted by the CBEC. . In Cadre Restructuring - 2002 it is inter alia
clearly mentioned in the cabinet note that “it is alignment with the policy of
Govt. which lays down the objective of cadre review as the achievement of
congruence between functional needs of the department and legitimate aspirations
of the staff. Accordingly, cabinet approved the CR during 2002 for filling up
of vacancies of all newly created posts by promotion and not through
recruitment from open market. Cabinet approved for a one-time relaxation
to the recruitment rules ,therefore all vacancies at all levels, arising as a
consequence of the restructuring, were filled by promotion from the feeder
cadres . Therefore now it was
required to allow 100% promotions in the ensuing CR to all feeder categories in
the JTS as well as chain vacancies in JTS arising due to promotions against
additional posts created at higher levels and it must
be in one go, as is proposed to be done in the
CR-2002. Further the promotional prospects of
Superintendents of Central Excise were adversely affected due to the fixation
of 6.1.2 ratio in old RRs as per the verdict of Apex Court. The Apex Court
pronounced such decisions in W(C) No 306/88 without any judicial determination
and by virtue of such decisions one of the feeder categories namely Appraisers
of Customs got undue benefits in promotions since 1988 to 2011.Though by virtue
of Apex Court decisions dated 03.08.11 the ratio has been revised to 13.2.1 ,
however Board declined to make regularization of all adhoc promotions pending
in the grade of AC since 1997 in revised ratio despite the verdict of Apex
court on dated 03.08.11. Mainly the temporary posts have been created for
removal of stagnation in the grade of Superintendent of Central Excise , hence
all such temporary posts were required to be filled up from the cadre of
Superintendent of Central Excise only duly amending the RRs and not a single
post was required to be provided to the
grade of Appraiser for promotion . It is surprising to note that as to how CBEC lost sight to
recommend for removal of itra cadre ( including inter cadre) disparity in
promotions as existed in our cadres.
At present the existing
strength of IRS officers is 5592 nos. and out of these 5592 posts, more than
1000 posts are lying vacant. If large
number of posts will not be filled up, in the Gr-A grades for a long period that will be caused an
adversely affect to the revenue collections and result in tardy Tax Payer
Service and that will have an adverse impact on the economy of the country. The Indian economy is currently in bad
shape; hence collection of more revenue is at present highly essential.
3. CBEC
in its Board meeting dated 12.01.2011 ( BMB No. 06/2011) had agreed for
introduction of in situ promotional scheme , but till date no such in situ
scheme has been implemented. Therefore it is highly essential to fill up such
vacant Gr-A posts by introducing in situ promotional scheme urgently in the
interest of revenue.
4. We have submitted a memorandum before the
7th CPC and as per the direction of 7th CPC appeared
before the 7th CPC for oral evidence on 09.11.14 at Mumbai interalia
stating the following:
( to quote )“Though the Central Board of Excise and Customs
(CBEC) deals with task of policy formulation and administration of indirect
taxes through levy and collection of Customs and Central Excise duties, Service
Tax and other miscellaneous indirect taxes and matters relating to Narcotics,
however recent shift in commodities being smuggled from traditional items like
gold, silver, watches etc. to arms, ammunition, explosive, fake Indian
currency, Narcotics etc. CBEC focused attention on prevention of smuggling of
these contraband goods which are posing a serious threat to national security.
The major responsibility in the area of Central Excise is the prevention of
leakages in revenues and providing smooth and efficient flow of collections. By
revenue points of view, the CBEC is the highest revenue earning source for the
Union Govt., which has no parallels. The IRS (promote) officers are being
posted in different field offices of CBEC and also posted in CBEC ( Hdqrs) on
central deputation scheme as Central Secretariate Gr-A officers.
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Direct promotion of Gr-B Gazetted
Officers of CBEC to STS post:
The most of group ‘B’ gazetted officers in the Central as well
as State governments are being promoted directly to a Senior Time Scale (STS) post with Grade Pay of Rs.
6600/- in PB-3 including CSS, CPWD, Railway Board, CSSS,
AFHQ, Rajya Sabha Secretariat, Forest services, Police services, Foreign
Services, Engineering services, State services etc., whereas the Group ‘B’
gazetted officers of CBEC are being
promoted merely to a Junior Time Scale (JTS) post with
Grade Pay of Rs. 5400/- in PB-3. Since
these Gr-A officers are being joined in CSS ,they should also be granted
promotion directly to a Senior Time Scale post with Grade Pay of Rs. 6600/- in
PB-3 to maintain parity with similarly placed employees of CSS. Not
only the promotion directly to STS post, the counterparts of Gazetted Gr-B officers of CBEC are also given benefit of seniority in group
‘A’ at many places in lieu of the service rendered by them in group ‘B’at many
places like various services in Railways, Administrative Services, Police
Services, State Services etc., the group ‘B’ gazetted officers are allowed the
weightage of minimum of 4 years at the time of entry into group ‘A’ also giving
them the due benefit of seniority in lieu of the service rendered by them in
the group ‘B’. For example, the officers of Provincial Services in Southern
States enter into IAS in a grade pay of Rs. 6600/- within 8 years with 4 years
of seniority benefit while the most of the Gr-B Gazetted officers of CBEC are entering
into IRS in a lower grade pay of Rs. 5400/ even after serving for 35-40
years. They enter into IRS in a grade pay of Rs. 5400/- only and retire at same
level without any weightage for seniority in group ‘A’. The rationale
behind such a provision of weightage or direct promotion to STS group ‘A’ is
based on the fact of the promotee officers having gained rich job experience at
the time of working as group ‘B’ officer as compared to direct recruit group
‘A’ officers. But very unfortunately, the
Gr-B Gazetted officers of CBEC
are not being given the said benefit despite of being served for the
longest period in group ‘B’ as compared to any other category of the group ‘B’
employees of the Govt. of India. They are not allowed the benefit of their rich
experience even despite of the Adjudication Orders also being prepared by them
for the Commissioner level officers.
Before the enactment of Indian Customs & Central Excise Service
Group ‘A’ Rules, 1987, the group ‘B’ gazetted executive officers in CBEC were
allowed five increments in their group ‘A’ pay scale on promotion to group ‘A’
since senior time scale was not available at that point of time. It is also worth to mention that the common
entry counterparts of CSS are not only being promoted directly to a STS post
after Section Officer (analogous to Gr-B gazetted officers of CBEC) but also
reaching the level of Joint Secretary (GP-Rs. 10000/-). The position in CPWD is
even more interesting where an officer with a grade pay of Rs. 4600/- is
directly being promoted to a post with a grade pay of Rs. 6600/- (STS) and
further directly to a post with the grade pay of Rs. 8700/- from a post with a
grade pay of Rs. 6600/-. Thus, they don’t need to serve on a post with a grade
pay of Rs. 4800/-, 5400/- and 7600/- for promotion to the post with a grade pay
of 8700/- after entry into a post with merely a grade pay of Rs. 4200/-. Further; the Gr-B non Gazetted officers of
CBEC and Assistants of the Central
Secretariat Services (CSS), being analogous posts, are recruited through a
common entrance examination conducted by the Staff Selection Commission and in
a common scale of pay. Once upon a time, the pay scale of the Assistants was
lower than the pay scale of the Gr-B non gazetted officers of CBEC but was
upgraded at par later on. Like it, the pay scale of the Section Officers of CSS
was also lower than the pay scale of the Gr-B gazetted officers of CBEC once upon a time but was upgraded at par
later on. The posts of Gr-B gazetted
officers of CBEC and Section officer of
CSS are analogous, yet the similarity ends here. Section Officers are promoted directly to the
Senior Time Scale post with a grade pay of Rs. 6600/- and reach upto the level
of Joint Secretary in the grade pay of Rs. 10000/- whereas the Gr-B gazetted officers of CBEC are promoted, to the Junior Time Scale post merely with a
grade pay of Rs. 5400/-. IAS and IPS are the most elite services in the country
and the group ‘B’ officers are provided weightage even on promotion to these
services in lieu of the service rendered in group ‘B’. But nothing such happens
to the Gr-B gazetted officers of CBEC at
the time of entry to IRS, the same also being one of the elite services of the
Govt. of India. Like CSS, there is a provision of direct
recruitment in Group-B non-gazetted and Group-B gazetted posts in CBEC. Hence
like CSS , the Group-B gazetted officers of Central Excise and Customs are
required to be promoted directly to a post having senior time scale and the
Group-B gazetted officers completing 1½ of qualifying service be promoted
to STS posts as it was done in CSS
during 1999. CBEC also recommended to VIth CPC for direct promotion of Group B
gazetted officers to STS posts. In view of the above, all of the Group ‘B’
gazetted officers of Govt. of India including the Gr-B gazetted officers of
CBEC are also required to be promoted directly to a STS post like many
other group ‘B’ officers of the Govt. of India by giving due weightage of the
service rendered in group ‘B’ and to bring uniformity in promotions for all for
the sake of justice.
BATCH TO BATCH NON
FUNCTIONAL FINANCIAL UPGRADATION TO THE GR-A PROMOTEE OFFICERS OF CBEC AT PAR WITH THE COUNTERPARTS OF CSS .
The
entire organised group ‘A’ direct recruit officers recruited along with IAS,
the best placed group ‘A’ service, in the same pay scale through common entry
examination conducted by UPSC have been granted financial parity with the
counterparts of IAS. They have been granted non-functional
financial up-gradation vide DOPT OM No. AB.14017/64/2008-Estt.(RR) dt. 24.04.09
to compensate the lack of promotions as compared to IAS. . The group ‘B’ non gazetted officers of CBEC and the
Assistant of CSS are recruited in a common scale of pay through common entry examination conducted by SSC. The
officers recruited as Assistant (Group-B, Non Gazetted) in the Ministries get
the benefit of promotions upto the Joint Secretary level, i.e., i) SO with GP
of Rs. 5400/- in PB3 after 4 years of service, ii) US (Grade-I) with GP of
Rs.6600/-, iii) DS with GP of Rs. 7600/-, iv) Director with GP of Rs. 8700/- in
PB-4 and v) JS with GP of Rs. 10000/-.
The Assistants/Section Officers are working in the headquarters offices
on policy making seats whereas the Gr-B officers of CBEC are working on more important seats of
revenue collection in the field formations. Despite of working on more
important seats, the Gr-B officers of CBEC
are not treated at par with the counterparts of CSS. These CSS
counterparts are retiring 4-5 grades above the officers recruited as the Gr-B
officers of CBEC. On account of this, the CSS counterparts are getting 60% more
pay than the officers recruited as Gr-B officers of CBEC. Even the pension of
CSS counterparts is more than the salary of the officers recruited as Gr-B
officers of CBEC. The Gr-B officers of CBEC are recruited in PB2 and also
retire on a PB2 post of Gr-B gazetted,
barring around 1% while all of their common entry counterparts of CSS
easily reach PB4 levels after being recruited with them in PB2 through the same
examination with same eligible conditions. It is also worth to submit that the
revenue officers are highly placed throughout the world in the matter of
salary, perks and career prospects as compared to other employees but, very
unfortunately, our officers are facing the worst prospects in each & every
matter. The promote group ‘A’ officers of CBEC are selected under Central Staffing Scheme on
deputation and worked under many CSS officers, who are promoted from the post of Assistant/Section
Officer and joined in service much later than the joining of such Gr-A officers
of CBEC in Gr-B cadre. The grant of the non-functional financial upgradation on
batch to batch basis with the common entry counterparts of CSS on the lines of
granting the non-functional financial upgradation to all Group ‘A’ officers at
par with IAS may really be a solace for these hard working Gr-A officers of
CBEC.
The parity is the basic
concept of our Constitution and the parity in promotions is required to be
maintained amongst the similarly placed employees but the Government of India
have not initiated any action to maintain parity in promotions as well as pay packages
amongst the Group ‘B’ Gazetted and Non-Gazetted officers. The group ‘A’ direct recruit officers have already been
granted financial parity by the Government of India by of granting
of non-functional financial upgradation at par with the counterparts of
IAS. The grant of the batch to
batch non-functional financial upgradation after entry into group ‘B’ or
equivalent grade is also the immediate need of the time for all group ‘B’
officers to bring them at par at least financially with the group ‘B’ counterparts of CSS.
Enhancement of retirement age of Central
Government Employees.
Kind
attention of Hon’able 7th CPC
is invited to the recommendation of standing
committee of Parliament on social justice and empowerment to raise the
retirement age of the Central Government Employees to 65 years from the
existing 60 years.. It appears that the
recommendation is based on the fact that growing lifespan was adding to the
need for "productive ageing”. The recommendation for increase in
retirement age comes with a reminder that senior citizens would form 12.4% of
the total population in 2026 from 7.5% in 2001. "The committee feels that
with the increase in life expectancy and relatively better state of health of
people, the government needs to look at continuity of employment up to 65
years," said the report. It also recommended that government look at
greater post-retirement opportunities for senior citizens and creates greater
financial support. While suggesting immediate redressal for the ageing
population, the panel sought to train the government's focus on the 60-plus
group by pointing out that its growing numbers would be a serious challenge in
health and social care. Specifically, it underlined that as per population
projections, the 80-plus bloc, the most-vulnerable group, would see a sharper
rise in numbers. The urgency of parliamentarians towards senior citizens comes
amid growing global realization that increasing lifespan is creating a new
demographic bloc requiring state intervention. Seeking government attention,
the committee noted that senior citizens comprised 7.5% of the total population
in 2001 but their share is likely to increase to 12.4% in 2026. Importantly, UN
projections say while India's population will rise by 55% by 2050, that of
60-plus would increase by 326% and that of 80-plus would go up by 700%.
The Govt. of Punjab vide notification dated
29.11.2011 had already enhanced the age of retirement of employees of Govt of
Punjab from 60 years to 62 years. The Central Administrative Tribunal,
Chandigarh vide OA no . 680/HR/2013 in the case of Dr. Harsh Mohan vrs. Union
of India and others had enhanced the retirement age of employees of Union
Territory of Chandigarh (who are central government employees) to 62 years at
par with the employees of Govt. of Punjab. The Central Government had
increased the retirement age of professors in all the central universities from
62 to 65 years. The retirement age of Teachers and Scientists of Central
Government organisations is 62 years. The
Centre had in 1998 raised the retirement age of central government employees
(including teachers and scientists) to 60 from 58 years. Govt should not provide two different treatments
to its employees. Teachers and Scientists are also govt. employees hence like
the year 1998, it was required to increase the retirement age of all central
govt. employees to 62 years at par with teachers and scientists. The teachers
and scientists are central government employees and all the provisions
enunciated by central govt for its employees are applicable equally to all
including the age of retirement. Central Govt should provide equal treatment to
all its Employees as per provisions of Constitution of India. As regards the
right to equality guaranteed under Article 14 the position is well settled that
the said right ensures equality amongst equals and its aim is to protect
persons similarly placed against discriminatory treatment. It means that all
persons similarly circumstanced shall be treated alike both in privileges
conferred and liabilities imposed. Conversely discrimination may result if
persons dissimilarly situate are treated equally. Even amongst persons similarly
situate differential treatment would be permissible between one class and the
other. In that event it is necessary that the differential treatment should be
founded on an intelligible differentia which distinguishes persons or things
that are grouped together from others left out of the group and that
differentia must have a rational relation to the object sought to be achieved
by the statute in question.” In the CIVIL APPEAL NO. 5527 OF 2012 (arising out
of SLP (c) No. 31279 of 2010) STATE OF UTTAR PRADESH …APPELLANT Versus DAYANAND
CHAKRAWARTY & ORS. …RESPONDENTS the Apex court has decided for
applicability of retirement age uniformly “( to un quote )
5. It is to be submitted the
Hon’ble Supreme Court of India vide order in SLP No. 7467/2013
filed by the Govt. against the judgement of the Hon’ble High Court of
Chandigarh in CWP No. 19387/2011 has already confirmed the order dated
31.05.2011 of Chandigarh CAT for grant of financial upgradation in the
promotional hierarchy under MACPS. The same verdict has also been given by
the Principal Bench of the Hon’ble Central Administrative Tribunal in the OA
No. 904/2012 and864/2014. The same verdict has been given recently by the
Madras High Court in W.P. No. 11535/14 and M.P. No. 1/14 on 16.10.14 undoing
the para 8.1 of MACPS . Para 8.1 of MACPS and offset of the MACP
upgradation with time scale are not in consonance of the legal verdicts and are
liable to be scrapped w.e.f. the very initiation. The offset of the MACP
upgradation is also liable to be scrapped as per the verdict given by the
Hon’ble Supreme Court in the case of Delhi Nurses Union (Regd.) Vs. U.O.I.
and also by the Hon’ble CAT of Ernakulam in the case of Sh. N. K. Gopinatham
Vs. U.O.I. The Principal
Bench of the Hon’ble Central Administrative Tribunal (CAT), New Delhi has also
directed to implement the judgement of the Hon’ble Punjab & Haryana High
Court in Union of India & others vs. Raj Pal & another (CWP
No.19387/2011) vide its order dt. 15.09.14 in OA No.2553/2013. In view of
the above, it is required that the financial upgradations under the MACP
scheme is to be granted in accordance of
the promotional hierarchy without offsetting the MACP upgradation with the time
scale. Thus, the officers already getting the grade pay of Rs. 5400/- as time
scale should be granted a grade pay of Rs. 6600/- on next MACP upgradation
without offsetting with the time scale. The Hon’able Supreme Court in a recent judgment dated 17.10.2014 have decided that
the ratio of a judgment of any Court would be applicable to similarly placed
persons without approaching to any Court, if the said persons are aware about
their rights and are not sleeping one.
6. It is also further submitted that
recently 1863 Nos. of Asst. Commissioners have been promoted on adhoc basis
from the grade of Superintendent of Central Excise, but no proper sitting
arrangements with proper infrastructure have been provided to these promotee officers. In some places no
building has been provided to the newly created offices. No appropriate transfer and posting policy
has been framed for these promote officers. We have suggested for amendment of
the existing transfer and placement guidelines by inserting the following:
---"Group-B officers on promotion to the grade of Asst. Commissioner shall be transferred out of the region only when there are no vacancies in that region and except in those cases where the officer has less than 6 years of service left at the time of promotion or consider for transfer. Officers who have 6 years or less service left shall be posted to the zone of their choice. Cases of postings on medical/compassionate/educational etc grounds shall be considered sympathetically".
---"Group-B officers on promotion to the grade of Asst. Commissioner shall be transferred out of the region only when there are no vacancies in that region and except in those cases where the officer has less than 6 years of service left at the time of promotion or consider for transfer. Officers who have 6 years or less service left shall be posted to the zone of their choice. Cases of postings on medical/compassionate/educational etc grounds shall be considered sympathetically".
Under the circumstances, we request your
honour kindly direct the Chairman , CBEC to consider the following submissions
on an urgent basis to solve the genuine problems of the members of this
Association:
(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
(supra).
(vi)
Recent promote Gr-A officers may kindly be
provided with proper sitting arrangement with adequate space and infrastructure
and a proper transfer and placement policy may kindly be framed for Gr-A
promotee officers in consultation with the representatives of our Association..
It
is also requested that the representatives of our Association may also kindly
be given an opportunity to
present our case in person in support of the
submissions detailed in this representation..
Thanking you,
Yours faithfully,
(LOKANATH MISHRA),
SECRETARY GENERAL.
Copy to: 1) Chairman, CBEC, North Block, New Delhi
–110001 for necessary action.
2)
DG/HRD, CBEC, New Delhi for necessary action.
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