INDIAN
REVENUE SERVICE ( CUSTOMS & CENTRAL EXCISE) PROMOTEE OFFICERS
ASSOCIATION.
ACTION TAKEN NOTE PRESENTED BEFORE CENTRAL
EXECUTIVE COMMITTEE MEETING BEING HELD AT
MUMBAI ON 21.12.14
Dear friends,
I feel honoured and take great pleasure in
extending warm welcome to all of you who have
come to this important gathering on the occasion of our 1st Central Executive
Committee Meeting to give us
support and encouragement in our efforts in improving the prospects and welfare of all the promotee and
retired IRS (Customs &Central Excise) Officers The report of the activities of our Association
is being placed before you by me in my capacity as Secretary General and I am confident
that you will go through the report critically and approve the same with your valuable
observations so as to enable us to chalk out suitable action-plans and carry out activities
accordingly for realizing the aspirations of our Members. I also congratulate and thank
our Mumbai and Pune zones on behalf of the Association
for this excellently pleasing & beautiful arrangement. Very hopefully, this meeting would strengthen our
solidarity and unity giving all of us an opportunity to interact with each other and give constructive
suggestions in the common interest of the cadre. No need to say that our united efforts are the
only key to our success. All the actions of the Association have already been
communicated through the electronic mails & blogspot (Cengao.blogspot.in .)of the Association. 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 3400 nos. and out of these 3400 nos. near about 2700 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.
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 3400 nos. and out of these 3400 nos. near about 2700 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.
The names of interim office-bearers are furnished below:
i) President- Sh. A.K.
Sharma ( Ludhiana)
ii) Secretary General- Sh. Lokanath Mishra ( Bhubaneswar)
iii) Chairman Drafting Committee- Sh. B.A. Chakravarthi
(Chennai)
iv) Organizing Secretary-Sh. S.K. Patil (Pune)
v) Ex- Officio Central Executive Committee Members- (a)
Sh. Ravi Malik, Secretary General , All India Association of Central Excise
Gazetted Executive Officers- ( Coordinator) and (b) Sh. R. Chandarmouli,
President, All India Association of Central Excise Gazetted Executive
Officers(Member)
vi) Central Executive Committee
Members- (a) Shri
V.P.Singh- Jamshedpur,(b) Shri S.Dev Shillong,
(c) Sh. A.Roy- Kolkata, (d) Shri N.
Pradhan- Bhubaneswar, (e) Shri Hira Lal Giri-
Raipur, (f) Shri
S.K. Jha- Gujrat, (g) Shri H. Roy- Hyderabad,(h) Nanjudasamy , Bengaluru (
i) Shri R. Jaganathan- Coimbatore, (j) Shri R. Geroge- Kerala, (k) Shri S.K.Pareek-
Jaipur, ( L) Mrs. V.
Kolhatkar- Mumbai, (m) Sh. N. C. Pandey( Luckhnow)
During this short period 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 likethe department of Defense. 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”.
We have decided to meet
Chairman, CBEC, Secretary(Revenue), Secretary(DOPT), MOS, Finance and DOPT in
near future to convince them to initiate
appropriate action to frame one appropriate Recruitment Rules.
Before I conclude, I thank all
the delegates for having given me an opportunity to serve for the betterment of
the cadre. Wishing all the best to the Association and each one of you.
Long live unity, solidarity and
organizational integrity.
Jaihind,
LOKANATH
MISHRA
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