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:
A. Merged grade ix with
viii.
B. 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.
C 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.
D. 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.
E 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. 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) .
10. 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.
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.
12. 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.
|
SNO
|
Name of Offficer
|
Designation
|
Mobile No.
|
Email id
|
||
|
1
|
V U BRAHMAKSHATRI
|
A C
|
C EX THANE-II
|
9619903048
|
||
|
2
|
ASHOK B KULGOD
|
A C
|
CESTAT MUMBAI
|
9322826968
|
||
|
3
|
M P S SENGAR
|
A C
|
C EX MUMBAI-II
|
9869270089
|
||
|
4
|
S S PATIL
|
A C
|
ST AUDIT-III
|
9892005171
|
||
|
5
|
SHIBENDRA DAS
|
A C
|
C EX RAIGAD
|
8082418525
|
sdas54@hotmail.com..
|
|
|
6
|
RAMESH R RAHATE
|
A C
|
CRYSTAL IT PARK INDORE
|
9925070984
|
||
|
7
|
G R DESAI
|
A C
|
SOLAPUR
|
9850663049
|
||
|
8
|
PRAMOD SAWANT
|
A C
|
AUDIT ST PUNE
|
9850085285
|
||
|
9
|
K S PANDIT
|
A C
|
A. C. RETIRED
|
9890301231
|
||
|
10
|
S K PATIL
|
A C
|
AUDIT ST PUNE
|
9822530530
|
||
|
11
|
P D NIMHAN
|
A C
|
ST PUNE
|
9423015011
|
||
|
12
|
A S ROY
|
A C
|
VIG KOLKATTA
|
9432263228
|
||
|
13
|
G P GURG
|
A C
|
AUDIT-I ST MUMBAI
|
9820241889
|
||
|
14
|
G S RAHORE
|
A C
|
C EX THANE-I
|
9322794573
|
||
|
15
|
B B DABRAL
|
A C
|
ICD MULUND
|
9820303793
|
||
|
16
|
GOPI RAM MEENA
|
A C
|
MUMBAI CUSTOMS-II
|
9967719474
|
||
|
17
|
V P SINGH
|
A C
|
C EX RANCHI
|
9430930593
|
||
|
18
|
LOKNATH MISHRA
|
A C
|
C EX BHUBNESWAR
|
9437314941
|
||
|
19
|
VARSHA KOLHATKAR
|
A C
|
C EX MUMBAI-III
|
9821074307
|
||
|
20
|
V N THAKKAR
|
A C
|
C.EX AUDIT AHMEDABAD-I
|
9998847339
|
||
|
21
|
ANAND JAGTIANI
|
A C
|
SEZ MUNDRA
|
9825030248
|
||
|
22
|
RAVI MALIK
|
SUPDT
|
C EX DELHI
|
9868816290
|
||
|
23
|
C S SHARMA
|
A C
|
C EX DELHI
|
9313885411
|
||
|
24
|
L V BISHT
|
A C
|
ST-VI MUMBAI
|
9892186388
|
||
|
25
|
REKHA JOSHI
|
A C
|
ST AUDIT PUNE
|
9422513685
|
||
|
26
|
LALIT SUNEJA
|
A C
|
CESTAT MUMBAI
|
9820459424
|
||
|
27
|
UMESH PALAV
|
A C
|
C EX THANE-II
|
9322236221
|
||
|
28
|
J D DESHMUKH
|
A C
|
MUMBAI CUSTOMS-I
|
9820060874
|
|
|
|
29
|
P D NAIK
|
A C
|
C EX THANE-I
|
9892910000
|
||
|
30
|
P D DALWANI
|
A C
|
ST-II MUMBAI
|
9329918595
|
||
|
31
|
C G SHAHANE
|
A C
|
DG ST MUMBAI
|
9987332045
|
|
|
|
32
|
K H KHAIRAZ
|
A C
|
MUMBAI CUSTOMS-I
|
9821310134
|
||
|
33
|
A K SASMAL
|
SUPDT
|
ST MUMBAI
|
9820930885
|
||
|
34
|
M K MISHRA
|
SUPDT
|
|
|
|
|
|
35
|
N.K. MISHRA
|
AC(R)
|
MUMBAI.
|
|||
|
36.J.P.SHARAMA.
|
AC MUMBAI
|
|||||
(
LOKANATH MISHRA)
SECRETARY
GENERAL.
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