IMPORTANT DOCUMENTS.

Saturday, 20 December 2014

ACTION TAKEN NOTE PRESENTED BEFORE CENTRAL EXECUTIVE COMMITTEE MEETING BEING HELD AT MUMBAI ON 21.12.14

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.                                                             
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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