IRS  (C&CE) OFFICERS’  WELFARE ASSOCIATION.

Secretary General:                                        Address for communication:                 

 Lokanath Mishra                                              Panchu Chaura, Puri-752001.  

Mob. 09437314941                                       mail Id:jailoknathjee@gmail.com     

                                                                                                                                                  

Ref No.IRSOWA/2015/126                                                            Dated:- 15.12.15      

To,

The Chairman,

Central Board of Excise and Customs,

North Block, New Delhi-110001.

Respected Sir,

Sub- Suggestions/demands on the recommendations of the 7^th CPC-regarding.

            We beg to draw your kind attention to letter F. No. A-26017/154/2015-Ad.IIA Dt. 11.12.15 of CBEC.

We submit herewith our suggestions/ demands on the recommendations of the 7^{th CPC} :

1.       Minimum Pension:-

           The 7^TH Pay Commission  endorses the Supreme Court verdict in Nakara Case that a pension scheme must provide a pensioner to live at a standard equivalent at pre-retirement level. Even if the arguments and findings of the CPC in arriving at the minimum wage are accepted a pensioner is legitimately entitled for 1.8 units pension which works out to Rs. 10800 (18000 x 1.8 divided by 3 ) as minimum pension. The rate of pension works out to 60% of last pay drawn in this case.

2.          Parity in Pension:-

            The present parity in pension as formulated by the CPC is totally different from OROP scheme. While the OROP scheme is beneficial to each and every defence pensioner, the parity scheme proposed is not at all beneficial to more than 60% of the pensioners. To include more pensioners in the ambit of the scheme, parity may be allowed between posts/grades at the pre-retirement and at the present level instead of parity between scales of pay of the past and present.

3.           Age-related additional pension:-

             Almost all the recommendations of VII CPC were made reckoning the opinion of the Department of Pension and  Pensioners’ Welfare where as the Department’s opinion that  the age related additional pension should be allowed from 75 years onwards was discarded by the Commission on a flimsy argument that the Ministry of Defence had not supported the proposal. The stand of the CPC is unjustified. There should be at least 10% increase in pension on attaining the age of 75 years.

4.         Restoration of commuted portion of pension:-

           The commutation factor for those retiring at the age of 60 years is at present 8.194. Therefore the commuted portion should reasonably be restored after 10 years (12 years for pre 2006 retirees) even after discounting the risk factor. The interest portion accrued to Government of India exchequer, on this account, is more than 22% per annum.

5.           Fixed Medical Allowance:-

           Regarding the Health Insurance Scheme, no rational and convincing proposal is put forth by the CPC. However the proposal is not new and it is a long pending one. Till a mutually agreeable Comprehensive Health Insurance Scheme is implemented, the pensioners may be allowed a Fixed Medical Allowance of Rs. 1200/- per month, an amount which is allowed to the pensioners of EPF organization who are also governed by the same CCS (Pension) Rules, 1972.

6.      Exercising of option:

        It has been recommended by 7^th CPC for 32% hike in the basic pension (2.57 factor) with one more option for ensuring equal pension for equal number of years of service. In the 2^nd option, the increments earned in the post occupied immediate before the retirement by the pensioners will be taken into account. In this connection, it is to state that the pensioners either got more pay or same pay of the post occupied by them at the time of retirement due to introduction of ACP/MACP. Therefore, it is required to provide one more option to the effect that for fixation of pension on 2^nd option as recommended by 7^th CPC the pensioners can choose either pay of the post fixed by promotion as well as upgradation under ACP/MACP or higher pay as fixed under ACP/MACP which provides more benefit to them with a condition to change the option subsequently if required.

Thanking you,

Yours faithfully,

 (LOKANATH MISHRA),

                                                                                      Secretary General.

Copy with the request for necessary action to:

1) Cabinet Secretary, President House, New Delhi.

2) The Revenue Secretary, North Block, New Delhi.

3) The Joint Secretary, Implementation Cell, Deptt. of Expenditure, New Delhi.

Rain fury leaves Chennai marooned

Though the heavy rains that lashed the city and the suburbs and neighbouring districts of Kancheepuram, Tiruvallur and Cuddalore for more than a day on Tuesday have shown a let up since this morning, a continuous drizzle under overcast skies spelled further trouble for citizens. 

Indian Coast Guard officials rescue stranded people in Chennai. Photograph: Indian Coast Guard

Teams of army, navy, coast guard and National Disaster Response Force have been deployed in the worst-affected areas of Tambaram, the southern gateway to the city, Mudichur and Oorapakkam.

Police and fire service personnel were also involved in rescue operations. The Coast Guard has deployed its boats in some areas in the city that has witnessed unprecedented rains in a short period of time in recent memory.

DG MeT Department Laxman Singh Rathore said, “Extremely heavy rainfall has been occurring for sometime and today Tamil Nadu has witnessed 35 cm of rainfall that has created havoc. “Its intensity, however, will decrease in the next 48 hours and further by 72 hours but it is likely to continue for five-seven days,” he said.

The heavy rains has left the airport in Chennai in a mess with water filling up in the airfield. Officials have suspended all flights till 6 am Thursday. Photograph: @WachterOriental

Teams have also been pressed into service in Jafarkhanpet, Saidapet and Kotturpuram on the banks of Adyar and Vadapalani and Valasaravakkam and several areas in the western parts of the city which have been flooded with waters entering residential homes.

The southern suburbs of Chennai including Velachery, Madipakkam and neighbouring areas which had suffered heavily in the earlier spells of rain in November were again hit badly by the downpour that has again flooded homes.

The weather department has warned that heavy rains will continue to lash the city for the next 48 hours. Photograph: @harikiranroyal/Twitter

The Grand Southern Trunk road connecting Chennai with Madurai and beyond, the old Mahabalipuram road and the East Coastal road through which Chennai can be accessed have been cut off with waters washing away the roads in several places including Guduvancheri.

While travellers from southern districts have been stranded midway, a number of passengers were also left helpless in Chennai Central and Egmore stations. Suburban railway services in Chennai have also been suspended because of flooding of tracks. 

Airport officials have been trying to pump out the water from the airport since Tuesday night so that flights can resume. Photograph: @WachterOriental

The flooding of the city and the suburbs has been caused essentially by the surplusing of waters from the reservoirs like Chembarambakkam, Poondi and Puzhal into Adyar and Cooum that criss-cross the city flooding several areas along the banks and displacing people from homes.

An unprecedented 30,000 cusecs of water has been released from the Chembarambakkam lake as the reservoir has been getting heavy supplies from the rain in catchment areas.

Electricity has been cut off in most parts of the city as a precautionary measure while people went without essential supplies like milk and water.

Patients being shifted from a flooded hospital after heavy rains in Chennai. Photograph: PTI

Air Force helicopters were seen distributing food packets in some of the worst-hit areas.

The Southern Railways cancelled 16 trains and diverted 12 others both on the Chennai Central and Egmore sections following breaching of tracks in several areas.

The airport, whose runway, tarmac and apron areas have been flooded with rainwater, has been shut down till 6 am Thursday. Operations were suspended at the airport on Tuesday night itself. Flights to Chennai have been diverted to Bengaluru and Hyderabad.

In view of the water logging, Chennai Airport authorities have shut operations till 6 am Thursday. All airlines have cancelled their operations from Chennai airport where stranded passengers have been having a horrid time.

The spokesperson said Chennai airport authorities had initially shut operations till Wednesday morning but due to incessant rains it has now decided to extend it till 6 am Thursday. 

A man wades through knee-deep water in Chennai. This is the second time in three weeks that Tamil Nadu has received heavy rains, which is now being described as the worst rain in nearly 100 years. Photograph: PTI

Home Minister Rajnath Singh said in Delhi that in view of the situation, the Centre has deployed army, navy and NDRF teams in sufficient numbers.

“The prime minister has issued a memorandum and we have deployed our Central team there to assess the situation and make a report so that every possible help can also reach there,” Singh said.

The situation in Puduchherry is also worsening with streets water-logged owing to the heavy rains. Photograph: PTI

Two columns of army’s Garrison Infantry Battalion have been pressed into service in Tambaram and Oorapakkam after the Tamil Nadu government sought military assistance. The navy has also been deployed to assist in the operations.

“More army personnel are coming to Chennai from Bengaluru,” a Defence Public Relations official said.

Navy personnel have been deployed in Sadiapet area of Chennai to rescue people marooned in low-lying areas.

The NDRF is airlifting another 15 teams to the rain-battered state. While 10 teams are being airlifted from Bhubaneshwar to Tirupati, another five teams are being lifted from Delhi, NDRF DG O P Singh said. Each team comprises 40 personnel.

The teams are also carrying 20 inflatable boats along with them for the rescue operations.

NDRF DIG and commanding officer have been stationed in Chennai to take stock of the operations, he said.

Singh said that he is also in constant touch with the relief commissioner of Tamil Nadu.

Talking about the navy’s operations, Rear Admiral Alok Bhatnagar said the navy has deployed a team comprising two boats, two helicopters and a remotely piloted aircraft for relief and rescue operations.

Defence Minister Manohar Parrikar said more forces will be deployed to tackle the situation.

However, “we are facing difficulty in bringing them (forces) there as the airport is also not operating,” he said. 

The Chennai Corporation has announced emergency numbers for all the regional zones in the city. people can contact the following numbers in case of any emergency due to the floods.  Numbers: Tree fall, waterlogging - 1913; Sewage overflow - 45674567, 22200335; State Emergency - 1070; District Emergency - 1077; Electricity - 1912; Fire & Rescue -101. 

A farewell party to Shri Loknath Mishra, Asst.Commr sir by All India Central Excise Inspectors' Association, Bhubaneswar zone on the occasion of his retirement from govt. service by end of this month.

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Date of Uploading Brief Decription 17-11-2015 Nomination of Civilian/Para Military Officers for training in the 72nd Staff Course at Defence Services Staff College (DSSC), Wellington

Date of Uploading	Brief Decription
17-11-2015	Nomination of Civilian/Para Military Officers for training in the 72nd Staff Course at Defence Services Staff College (DSSC), Wellington

Office Order No. 158/2015 , dated 13-11-2015 Allocation of charge among the Chairman and Members of CBEC

Office Order No. 158/2015 , dated 13-11-2015

Allocation of charge among the Chairman and Members of CBEC

CENTRAL EXCISE & CUSTOMS FRATERNITY WILL NOT FORGET SHRI LOKANATH MISHRA FOR HIS COMMENDABLE SERVICES..

In the recent general body meeting of IRS(Indirect Taxes) Officers' Association  held  at Bangalore on 31.10.15 and 01.11.15, Shri Lokanath Mishra was felicitated by the Chief Guest and  all delegates for his commendable service for the benefits of cadres . Shri Lokanth Mishrastarted his Association activities as General Secretary of  Inspectors Association of Bhubaneswar  during 94-95. He was General Secretary of Bhubaneswar  Unit of AIACEGEO for 6th times during 1998 to 2011(except 2003 to 2005). He is having the longest experiences in AIB of AIACEGEO.  He was continuously holding the post of either Vice President or Joint Secretary  of AIACEGEO since 2002 to 2012. He was President of AIACEGEO  during  2012 to 2014. He was the  Secretary General of Indian Revenue Service( Indirect Taxes )  Officers' Association w.e.f 01.11.2014 to 31.10.15. At present he is Secretary General of CBEC Employees' Welfare Association & Convener of JAC of CBEC.  No office bearer, present or past, reached his ability/calibre to deliver results to the cadres. He worked in all the three Associations. He was instrumental in preparing the memorandum of Association for V to VII CPC. For preparation of Memorandum for submission before VII CPC, he personally visited London School of Economics and collected several data and prepared the memorandum on the basis of such data.  He was instrumental in the hike of pay w.e.f 21.04.2004, creation of more numbers of Gr-A posts during 2006 and Cadre Restructuring of 2013 and conducting of DPC during October,2014 for en mass promotions to the post of Asst. Commissioner.  He is the founder of Cengo India. He filed first intervener petition before Apex Court for revision of ratio. He always fought for the cadres and its officers, sacrificing his personal comforts, family life and career.  For the senior officers, he was an eye-sore, but for the cadres, he was always a saviour. His sense and style of representation was so methodical, effective & marvellous, that the Administration was always on the back foot. He brought dignity to the cadre and gave strength to raise the voice against injustice without compromising dignity & interests of Revenue. Wherever he was posted, he left his footprints and his presence was felt.

Shri Lokanath Mishra had created the IRS(Indirect Taxes) Officers Association on 01.11.2014 at Daman and he was the first Secretary General of such Association. He was also  instrumental for revival of JAC of all Associations/ Federations of CBEC and  due to his initiation a meeting of all Associations was held at Kolkata during June 2015 and he was elected at Convener. Shri Lokanath Mishra will  retire from service  on 30-November-2015 as Assistant Commissioner of Central Excise , after putting in around 38 years of service. The entire Central Excise and Customs fraternity will miss him and the entire fraternity, salute the pioneer of  Association movement and  for his selfless services, support and the capacity to lead from the front.

HAPPY DIWALI.

Date of Uploading	Brief Decription
06-11-2015	Verification of Qualifying Service after 18 years of service and 5 years before retirement

CENTRAL EXCISE FRATERNITY SALUTES PIONEER SHRI LOKANATH MISHRA

CENTRAL EXCISE FRATERNITY  SALUTES PIONEER SHRI LOKANATH MISHRA

Shri Lokanth Mishra  joined the department as Direct Recruit Inspector of Central Excise,  in Bhubaneswar Central Excise Zone on 15.12.77. He hails from a small village in Odisha. He got promotion to the post of Superintendent on 15.12.95.  Promoted to the post of Asst. Commissioner on 22.10.2014. His date of birth is 28.11.55 and his qualification is MA, LLB. He started his Association activities as General Secretary of  Inspectors Association of Bhubaneswar  during 94-95. He was General Secretary of Bhubaneswar  Unit of AIACEGEO for 6th times during 1998 to 2011(except 2003 to 2005). He is having the longest experiences in AIB. He was continuously holding the post of either Vice President or Joint Secretary  of AIACEGEO since 2002 to 2012. He was President of AIACEGEO  during  2012 to 2014. He was the  Secretary General of Indian Revenue Service( Indirect Taxes )  Officers' Association w.e.f 01.11.2014 to 31.10.15. At present he is Secretary General of CBEC Employees' Welfare Association & Convener of JAC of CBEC.  No office bearer, present or past, reached his ability/calibre to deliver results to the cadres.He worked in all the three Associations. He was instrumental in preparing the memorandum  of Association for  V to VII CPC. For preparation of Memorandum for submission before VII CPC, he personally visited London School of Economics and collected several data and prepared the memorandum on the basis of such data.  

He was instrumental in the hike of pay w.e.f 21.04.2004, creation of more numbers of Gr-A posts during 2006 and Cadre Restructuring of 2013 and conducting of DPC during October,2014 for en mass promotions to the post of Asst. Commissioner.  He always fought for the cadres and its officers, sacrificing his personal comforts, family life and career.  For the senior officers, he was an eye-sore, but for the cadres, he was always a saviour.

His sense and style of representation was so methodical, effective & marvellous, that the Administration was always on the back foot. He brought dignity to the cadre and gave strength to raise the voice against injustice without compromising dignity & interests of Revenue. Wherever he was posted, he left his footprints and his presence was felt.
Shri Lokanath Mishra had created the IRS(Indirect Taxes) Officers Association on 01.11.2014 at Daman and he was the first Secretary General of such Association. He was also  instrumental for revival of JAC of all Associations/ Federations of CBEC and  due to his initiation a meeting of all Associations was held at Kolkata during June 2015 and he was elected at Convener.

Shri Lokanath Mishra will  retire from service  on 30-November-2015 as Assistant Commissioner of Central Excise , after putting in around 38 years of service.

The entire Central Excise and Customs fraternity will miss him and the entire fraternity , salute the pioneer of  Association movement and  for his selfless services, support and the capacity to lead from the front.

In the recent general body meeting of IRS(Indirect Taxes) Officers' Association  held  at Bangalore on 31.10.15 and 01.11.15, Shri Lokanath Mishra was felicitated by all delegates. On 05.11.15 in course of Audit MCM, the Commissioner and entire staffs of Bhubaneswar Audit Commissionerate also felicitated him.   
Recently he has also created a welfare Association of staffs and retired officials of CBEC at Delhi to raise demand for one rank one pension for executive officers of CBEC.

Najib Shah Appointed CBEC Chairman

New Delhi: Senior IRS officer Najib Shah was today appointed as Chairman of Central Board of Excise and Customs (CBEC), apex body on Indirect Taxes.

Najib Shah was today appointed as CBEC Chairman.

The Appointments Committee of Cabinet has approved the appointment of Shah as Chairman, CBEC, an order issued by the Department of Personnel and Training said.

Shah, a 1979 batch officer of Indian Revenue Service (Customs and Central Excise), has been working as Member in the board since May this year.

Shah, who had also been Director General of Directorate of Revenue Intelligence (DRI), was also acting Chairman of the board after retirement of Kaushal Srivastava, about three months back.

Shah will have tenure till March 11, 2017, when he attains the age of superannuation–60 years.

The CBEC consists of a chairperson and maximum of six members. At present, Shah’s wife Neerja, V S Krishnan, Vanaja N Sarna, Ram Tirath and Ananya Ray are working as other members.

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26-10-2015	Compliance report in respect of Board's Office Orders regarding transfers/postings in the different grade of IRC (C&CE)
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IRS(C&CE) PROMOTEE OFFICERS' WELFARE ASSOCIATION.

IRS(C&CE) PROMOTEE OFFICERS' WELFARE ASSOCIATION.

A meeting of promotee IRS (C&CE) officers (both in service and retired) was held at Delhi on25.10.15 under the Chairmanship  of Shri A.K.Mohanty ( Rtd IRS) . The representatives of Delhi, Chandigarh, Hyderabad, Vizag, Bhubaneswar, Meerut, Jaipur and Nagpur attended the meeting and it was decided to create  a welfare Association amongst all Promotee IRS(C&CE) officers( both retired and in service) in the name and style INDIAN REVENUE SERVICE(C&CE) PROMITEE OFFICERS WELFAREASSOCIATION  and for the time being Shri Lokanath Mishra has been elected as Secretary General till the next General Body Meeting. It was unanimously resolved to raise the following demands before
the Government for appropriate redressal.

1.   One rank one pension to all executive officers of CBEC like Defence personnel.

2.  Direct promotion to STS and weitage of seniority and base cadre parity in promotions to Gr-A.

3.  Temporary AC  posts should be converted to regular posts and direct recruitment quota should be less than 10%.

We solicit your august presence for the inauguration ceremony of

1^st All India General Body Meeting

Of

INDIAN REVENUE SERVICE

(INDIRECT TAXES) OFFICERS’ ASSOCIATION

On Saturday the 31^st October, 2015

Chief Guest

Shri D.P. NAGENDRA KUMAR,  I R S

Principal Additional Director General,

DGCEI Zonal Unit, Bangalore

A.K. SHARMA PRESIDENT ALL INDIA IRS(INDIRECT TAXES) OFFICERS ASSOCIATION

G.R. NANJUNDA SWAMY PRESIDENT KARNTAKA UNIT BANGALORE

Venue: HOTEL  MAURYA

RACE COURSE ROAD,  GANDHI NAGAR,  BANGALORE 560 009.

Programme: Inauguration - 11:00 AM

Tea -  11:50 AM

INDIAN REVENUE SERVICE  (INDIRECT TAXES) OFFICERS’ ASSOCIATION.

                                                 

Ref No.IRSITOA/2015/140                                                           Dated:-26.10.15      

To

The Secretary,

Union Public Service Commission,

Dholpur House, Shahajan Road,

New Delhi-110069

Respected Sir,

            Sub:  Revision in the Indian Revenue Service(C&CE) Gr-A Rules 2012-reg.                                                         ………………

Kindly refer to the UPSC’s letter F.No. 3/8/17/2015-RR dated 23.09.15 addressed to the Central Board of Excise and Customs on the above subject. 

      Most alarmingly, we draw your kind attention and seek your immediate intervention in the matter of the revision of IRS (C & CE) Gr.-A Rules 2012, which are not only extremely anomalous and awfully deficient but have all the ingredients to destroy the career of the most stagnated Executive Officers of CBEC, promoted from the grade of Superintendents of Central Excise and Superintendent of Customs (Preventive). The anomalies and deficiencies stem out of the following issues:

50% of the lowest rung of the IRS(C&CE) Services i.e. JTS posts are being filled up by promotions amongst 3 feeder categories i.e. Superintendent of Central Excise, Superintendent of Customs (Preventive) and Appraisers. While the Superintendents of Central Excise, and Superintendents, Cus (Prev) are getting just one promotion in their entire service span of about 35 to 40 years after joining the service as Inspector of Central Excise/Preventive Officer of Customs, other officers like Examiners of Customs (equivalent grade of Inspector of Central excise and Preventive Officer of Customs), having been selected through the same all India combined competitive examination on merit and option basis conducted by the same selection body, i.e., Staff Selection Commission and appointed in the same service of the same organisation in the same Department under the same Ministry to the same level of post, are getting 4 to 5 promotions in the similar duration of service. More condemnable is the fact that the Central Excise Inspectors and Preventive Officers of Customs (irrespective of General, Scheduled Caste & Scheduled Tribe) are compelled to work under the Examiners of Customs even having lower merit or selected through a later examination (even 20 years later) (Although promotions are made as mere simple promotion and not on selection basis or selection post but to the cadre posts at different levels in the same service). We have been fighting for justice as per Rule of Law and Constitution of India for the last over three decades with no tangible results so far due to the malafide  acts of commissions & omissions by the concerned officials. The right to live with dignity and respect has been snatched from us.                   

The above-said severe and stark discrimination has historical perspective. During the year 1978, Appraisers of Customs (A. K. Chatterjee and others) filed a writ petition before the Apex Court for the reason that some of their counterparts from Central Excise (Superintendents of Central Excise) junior to them by one or one and half years in the service have been promoted ahead of them. They wanted that Recruitment Rules should be framed & promotions should be done on the basis of length of service in the feeder cadre.  As per the directions of Apex Court, Govt. framed Indian Customs and Central Excise (Group-A) Recruitment Rules in 1987 based on length of service in the feeder cadre (i.e., to allow promotions to the post of Asstt. Commissioner based on a common seniority list on the basis of length of service of the officers belonging to three feeder categories). This was challenged by the then office bearers of AIFCEGEO (now AIACEGEO) & AIFCEEO (now AICEIA) in the hon’ble Supreme Court jointly under WP(C) No. 306/1988. While the matter was pending in the hon’ble Supreme Court for decision, the CBEC made a deceptive proposal dt. 08.10.1988 in total disregard of the facts by distributing the posts within the Customs and Central Excise on the basis of the number of Custom Service posts and Central Excise Service posts of Asstt. Commissioner at group A entry level. Whereas the fact is that the Customs Service Group ‘A’ and Central Excise Service Group ‘A’ were merged w.e.f. 15^th August, 1959 into a single service of Customs and Central Excise Service Group ‘A’. The Apex Court vide WP No 306/1988 without any judicial determination accepted the proposal of CBEC of 6:1:2 ratio for promotion to Group-A to amend the Group-A RRs in 1998.  The Superintendents of Customs Preventive filed O.A. No. 489/1999 in Hon’ble CAT Mumbai Bench.  The Hon’ble CAT directed in July, 2001 to consider the grievances of the Superintendents of Customs. Against this decision of Hon’ble CAT, the Appraisers of Customs filed Appeal before the Hon’ble High Court of Bombay.  The Hon’ble Bombay High Court decided that Bombay CAT didn’t have any jurisdiction of passing the orders of July, 2001.  Superintendents of Customs filed an Appeal against the orders of the Hon’ble Bombay High Court in the Hon’ble Supreme Court of India.  While the matter was pending before Hon’ble Apex Court WP(C) No. 385/2010 was also filed by AIACEGEO in the Hon’ble Apex Court.  The Hon’ble Supreme Court delivered the following judgment on 03.08.11 by consensus in the Writ Petition (Civil) No. 385 of 2010:-

“We   have     heard    learned    counsels    for   the parties in Civil Appeal No. 1198 of 2005 and Writ Petition (Civil) No. 385 of 2010.

             It has been brought to our notice that the Union   of    India in terms of our previous order/directions dated 22nd November, 2010 and 06^th December, 2010, has filed an affidavit in Civil Appeal No. 1198 of 2005, inter alia, stating, that it   has initiated the process of reviewing the Recruitment Rules, 1987 for promotion from Group 'B' posts to Group 'A' posts.  The entire scheme is being re-looked and worked out at the departmental level in consultation with an expert body including the Department of Personnel and the entire process is likely to be completed by 31st December, 2011.

            In   the    aforesaid  background,  we deem it proper and in the interest of all parties concerned to dispose of both the Civil Appeal as also the Writ Petition without expressing any opinion on the merits of  the impugned judgment or the writ petition but with the following directions:

1.      All the 3 groups of officers in the feeder categories, i.e., (i) Superintendents of Central Excise; (ii) Superintendents of Customs (Preventive); and (iii)  Customs Appraisers, may make representations to the Union of India suggesting  the changes which according  to them should be made in the Recruitment Rules for their promotion to Group-A post of Assistant Commissioner (Central Excise & Customs).

2.       The Union of India shall duly consider all such representations including those made before it in light of the subsequent development in the cadre strength   of  the  3  feeder categories of group-B services  and  amend/revise the   Recruitment Rules including altering  the existing   ratio  to secure just and fair representation of all the 3 feeder categories.

3.       Union of India shall try to complete the entire process by 31st December, 2011, uninfluenced by any observations made in the previous judgment of this Court in All India Federation of Central Excise vs. Union of India &Ors. [(1997) 1 SCC 520], in which the existing ratio was approved as also    the   observations in the  impugned judgment dated 19th December, 2003 of the High Court in Writ Petition (Civil) No. 1324 of 2002 with regard to the jurisdiction of the Central     Administrative Tribunal.

4.       Having   perused one of the Office Orders (No. 51/2011 dated 18th March, 2011), whereby some officers were promoted from Group 'B' to the grade of Assistant Commissioner of Customs  & Central Excise  in the Pay    Band 3  with Grade Pay of Rs.5400/- on purely ad hoc basis, we direct that all such ad hoc promotions shall abide by the final decision to be taken by the Department in terms of this order”.

              As per Hon’ble Apex court decision  dt. 3.8.2011,  CBEC in its board meeting held on dt.16.9.2011 took  the  decision  for preparation of RRs  by altering existing ratio for 3 feeder cadres   to  13:2:1  and also decided  to make regularization of all adhoc promotions pending since 97 in old ratio under the provisions of  previous RRs.  The new RRs were notified on 13.9.2012. The prayer of CBEC for amendment of Supreme Court order dated 03.08.11 seeking clarification to make regularisation of all adhoc promotions pending since 1997 in old ratio was rejected by Apex Court on 30.3.2012. In the old Recruitment Rules, the ratio of 6:1:2 was fixed very unscientifically and the same was not fixed considering the sanctioned strength of three feeder categories for which during the period of 1987 to 2011 one of the feeder categories namely Appraiser  took the undue benefit in getting early promotion than the seniors of other two feeder categories. The Recruitment Rules, therefore, are required to be framed to grant promotion on the basis of common seniority list of feeder categories (taking the seniority of the base cadre into account to counter disparity in promotion to the feeder cadres for want of common seniority list in entry cadre) instead of any ratio system. The ratio system is also against the DOPT guidelines because the number of promotional posts is too less.   Further, the promotional prospects of Superintendents of Central Excise were adversely affected due to the fixation of 6:1:2 ratio in old Recruitment Rules giving undue benefit to one of the feeder categories namely Appraisers of Customs. However, the said ratio has been revised to 13:2:1 but the ad hoc promotions have not been regularised based on the new ratio, i.e., the rules existing on the date of regularisation. We apprehend that this arbitrary regularization beyond the directives of the Hon’ble Supreme Court has not been brought to the notice of the UPSC while forwarding the RR for approval. It is also pertinent to resubmit that no ratio system for promotion to Group ‘A’ is mandated in our case as per DOPT guidelines on account of the number of promotional posts being too less. As per DOPT Handbook on Recruitment Rules, the Recruitment Rules (RRs) should be reviewed once in 5 years vide para 3.1.5 with a view to effecting such changes as are necessary to bring them in conformity with the changed position including additions to or reductions in the strength of the lower and higher level posts but CBEC never implemented such instructions of DOPT. The Group-A RRs framed during 1987 were revised during 2012 instead of every 5 years.

Hon'ble Apex court in the case of Radhey Shyam Singh upheld that "Direct Recruitment" made on the basis of "Zonal Examination" conducted by SSC is contrary to Fundamental Rights. Thereby, it was struck down and the examination on all-India-basis started since 1996 as per the directions of the Hon’ble Apex Court. In the year 1999, the then Director/Commissioner of DOPM made a self speaking elaborate noting in the concerned file that it is unfair & unjust and also unconstitutional to have separate cadres of (a) Inspector of Central Excise (b) Preventive Officer of Customs &( c) Examiner of Customs and also of (d)Superintendent of Central Excise (e) Superintendent of Customs Preventive and ( f) Appraiser of Customs in the same service and should be merged in one single cadre at each such level (just like Income Tax). Subsequently after his transfer however, no efforts were made. (Although efforts were shown to have been made without any tangible, legal and justified results by the CBEC. Actually they were made with dilatory tactics, pre-planned motives & conclusions.)

Present hierarchy of executive Posts in CBEC is as follows:

Level (I) Group ‘B’ – Non Gazzetted

(i) Inspector (Central Excise).

(ii) Inspector (Preventive Officer of Customs).

(iii) Inspector (Examiner of Customs).

All recruited through one and same process.

Level (II) Group ‘B’ Gazzetted

(i) Superintendent of Central Excise

(ii) Superintendent of Customs

(iii) Appraiser of Customs

Respective promotional post for the Level (I) posts.

Level (III) Group ‘A’ entry JTS

Asstt. Commissioner of Central Excise, Customs & Service Tax.

Single promotional post for all Level (II) posts

(filled-up based on ratio formula against DOPT provisions because number of promotional posts is too less).

Level (IV) Group ‘A’ STS

Deputy Commissioner of Central Excise, Customs & Service Tax.

Time scale promotional post for Group ‘A’ Asstt. Commissioner.

Level (V) Group ‘A’

Joint Commissioner of Central Excise, Customs & Service Tax.

Promotional post for Group ‘A’ Deputy Commissioner.

Level (VI) Group ‘A’

Addl. Commissioner of Central Excise, Customs & Service Tax.

Time scale promotional post for Group ‘A’ Joint Commissioner.

Level (VII) Group ‘A’

Commissioner of Central Excise, Customs & Service Tax.

Promotional post for Group ‘A’ Addl. Commissioner.

Level (VIII) Group ‘A’

Chief Commissioner of Central Excise, Customs & Service Tax.

Promotional post for Group ‘A’ Commissioner.

Level (IX) Group ‘A’

Member of CBEC-Promotional post for Group ‘A’ Chief Commissioner.

Level (X) Group ‘A’

Chairman of CBEC-Promotional post for Member of CBEC.

              Two more levels with new pay scales have been created before Level (VIII) and Level (IX) for Group ‘A’ officers i.e. Principal Commissioner and Principal Chief Commissioner respectively in the current cadre restructuring.

The CBEC vide office order No.202/2014 has regularized ad hoc promote officers against vacancy years 1997-98 to 2001-02(only 5-year block). It is pertinent to note that in year 2000, the CBEC has regularized promotions of Gr-B to Gr-A for period up to 1996-97. The promotions from 1997-98(Gr-B to Gr-A) have since been subjected to be ad hoc and CBEC in the Board meeting held on 16.09.2011 decided to make regularization of ad hoc promotions pending since 1997. But surprisingly, in the said regularizations order No.202/2014, the ‘ad hoc’ promotes of 1995 have also been regularized.  The office order No. 202/2014 has considered for regularizations of the ‘retired’ officers promoted from the grade of Supdt. Central Excise violating the DOPT instructions vide OM No.22011/4/98-Estt(D) dated 12.10.1998, para 3. However, it has (correctly) deleted names ‘retired’ officers in respect of Appraiser category officers with an intention to favour the Appraisers. Further, the CBEC again has now conspicuously maintained silence on the officers who are ad hoc promotees in/within Gr-A service. These officers have not been confirmed up to vacancy year 2001-02. There are more than 100-150 number of such ‘adhoc’ promotee Gr-A officers who were promoted on adhoc basis prior to 1.4.2002, and have been allowed to continue in & within Group-A grades. THIS IS AGAINST THE NODAL MINISTRY GUIDELINES[para 18.4.3, Part-VI, F.No.22011/5/86-Estt(D) dated 1-.4.1989]. By adopting such detrimental policies, the officers of 2 feeder cadre officers of Supdt Central Excise & Customs Preventive, are consistently subjected to discrimination in their legitimate promotions to Group-A. Therefore this order No. 202/2014 is required to be withdrawn.

The rule of Law as envisaged in the Constitution of India is that any person lower in rank & merit and selected through the same all India combined competitive examination conducted on the basis of same qualification for the same level posts and having been appointed in the same organisation/service can never become superior to the other officer higher in rank & merit and  selected through the  same all India combined competitive examination for same service in the same organisation. But the situation in the CBEC is very astounding as the Inspectors of Central Excise of 1982 batch have yet not been promoted to Group-A while the Preventive Officers of 1990 batch and Examiners of  2002 batch have already been promoted to Group-A. Also the Examiners of 1984 batch are at present Additional Commissioners whereas the 1982 batch Inspectors of Central Excise are still Superintendents. Thus by the wrong acts of the concerned authorities, the Superintendents/Inspectors of Central Excise are forced to work under the junior officers recruited as Examiners. 

While most of the 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., the Central Excise Superintendents are being promoted (if any) merely to a Junior Time Scale (JTS) post with Grade Pay of Rs. 5400/- in PB-3. The Superintendents of Central Excise (Group ‘B’ Gazetted post) 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 other departments.

              Apart from the promotion directly to STS post, the counterparts of Central Excise Superintendents 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’ thus 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 Central Excise Superintendents are unable to enter into IRS even in a lower grade pay of Rs. 5400/ even after serving for 35-40 years. They enter (if any) 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 are having rich job experience at the time of working as group ‘B’ officer as compared to direct recruit group ‘A’ officers. But very unfortunately, the Central Excise Superintendents are not being given the said benefit despite serving 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 the fact that 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-mentioning that the common entry counterparts of CSS are not only being promoted directly to a STS post after Section Officer (analogous to Superintendent) but are 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/-.  The very purpose of framing the Human Resource Management policy through RR’s has not been followed by the CBEC. Article 309 of the Constitution of India has been violated on account of failure to maintain equity, fairness and justice in recruitment/placement/promotions and all service-related matters of Group ‘B’ Executive Cadres. Equality is the basic concept of Indian Constitution and, hence, it is required to frame the Group Recruitment Rules to maintain parity in promotions amongst the three base level Inspectors (i.e., Central Excise Inspector, Preventive Officer and Examiner)  

The Central Board of Excise forwarded a draft Recruitment Rules for Gr-A services to UPSC through DOPT without considering the grievance raised by our Association.  The suggestions of our Association with reference to such draft Recruitment Rules are enclosed here with for your kind perusal.  

Over the years, the Associations have made regular submissions to the authorities suggesting various ways to dilute the rampant stagnation of the Group-A Executive officers, promoted from the grade of Superintendents of Central Excise and Superintendent of Customs (Preventive) and to bring an end to their deprivation in comparison to their counterparts of Appraisers/ Examiners through suitable provisions in the Group A Recruitment Rules.

However, there is no indication so far on the part of the CBEC authorities that the suggestions put forth by the Associations have been considered at all, as neither the Associations have been given chance to explain nor has any communication been sent to them.

The Association likes to draw your kind attention to the fact that finalisation of the Group A recruitment Rule without considering the representations of the affected Cadre Associations & without ensuring their just and fair representation in the Group A, in comparison to their counterparts of Appraisers/Examiners constitutes flagrant violation of the directives of the Hon’ble Supreme Court issued in its Order dt  03.08.2011 in the Civil Appeal No. 1198 of 2005 & WP No.385/2010.

The  UPSC vide letter F. No. 3/8(17)/2015–RR Dt. 23.09.15 returned the RRs to Central Board of Excise and Customs observing as follows-

“i) The provisions for 2118 temporary posts at JTS level of IRS (C&CE) have been eliminated on the ground of non-approval of the inclusion of these posts in IRS (C&CE) by the Cadre Review Committee as well as Union Cabinet.

ii) Ad hoc promotions can be granted for a period of one year only as per DOPT guidelines. It can’t be given for a period of five years in one go.

iii) The department has already granted ad hoc promotions to the JTS of IRS (C&CE) without bringing amendment in the service rules.

iv) Above promotions might be difficult to be withdrawn on expiry of stipulated five years and might adversely affect the service conditions of the incumbents in Group ‘B’ feeder grades”.

It is pertaining to mention here that the provision of temporary posts already exists in the RR since long as is evident from the definition of posts which include both permanent and temporary posts. The Union Cabinet has approved the creation of 2118 temporary posts at JTS level in IRS (C&CE) on a long term basis for a period of 5 years in its meeting of 05.12.13.  It also approved filling-up of these posts 100% by promotion from Group ‘B’ Gazetted Executive feeder grades, i.e., Superintendent of Central Excise, Superintendent of Customs (Preventive) and Appraiser. The provisions for filling-up these temporary posts entirely by promotion were approved by the Union Cabinet to mitigate the acute stagnation in Group ‘B’ Gazetted Executive grades. The said 2118 temporary posts were primarily approved to be created by the Union Cabinet to meet statutory and functional requirements of the Department.  While proposing creation of 2118 temporary posts at JTS level in IRS (C&CE) to the Union Cabinet, the Department referred to the Para 4 (ii) of the Cadre Review Committee minutes indicating that “the department will incorporate appropriate conditions in the extant Recruitment Rules”.  The Union Cabinet approved the proposal for cadre restructuring contained in the Cabinet Note Dt. 27.11.13 vide Minutes of Cabinet Meeting Dt. 05.12.13 with the stipulation that:           

i) The method of appointment is in conformity with the recommendations of the Cadre Review Committee in respect of the proposals at paragraphs 9.2, 9.3 and 9.5 of the note and 

ii) The concurrence of the DOPT is obtained for the relaxation, if any required.

            Only after the aforesaid approval of DOPT, the Department conducted the DPC to fill-up temporary JTS posts of IRS (C&CE) entirely by promotion.  Thus, 2118 Temporary posts at JTS level are very much part of IRS (C&CE) and the method/ procedure for filling-up these posts entirely by promotion from Group ‘B’ Gazetted Executive feeder grades for next five years has to be necessarily incorporated in the IRS (C&CE) Recruitment Rules in order to comply with the decision of the Union Cabinet.   Para 5.1.4 of the Cabinet Note  provides  for one-time relaxation in the Recruitment Rules to enable filling-up of temporary 2118 posts at JTS level for promotion from the Group B Gazetted Executive grades. It also provides for repetition of the cycle for 5 years against vacancies arising annually out of superannuation etc. of officers promoted against these temporary posts. As per existing instructions vide DOPT O.M. No. 28036/8/87-Estt.(D) Dt. 30.03.88 and No. 28036/1/2001-Estt.(D) Dt. 23.07.01 as reiterated in DOPT OM No. 28036/1/2012- Estt (D) Dt. 03.04.13, the total period for which the appointment/promotion may be made on ad-hoc basis keeping in view the exceptionalities anticipated in these OMs by the respective Ministries/Departments is limited to one year. These instructions further provide that in case of compulsions for extending any ad hoc appointment/promotion beyond one year, the approval of DOPT is required.  In case of 2118 temporary posts at JTS level, the Department has obtained DOPT approval for the same vide Dy. No. 1015966/JSE/2014. The CBEC has granted ad hoc promotions to the Junior Time Scale of Indian Revenue Service (Customs & Central Excise) in October, 2014 without bringing an amendment in the Service Rules on the basis of the approval of the Union Cabinet to Para 9.4 of the Cabinet Note Dt. 27.11.13 as well as DOPT concurrence conveyed vide Dy. No. 1015966/JSE/2014. Para 9.4 of the Cabinet Note reads:

“As a one-time measure, permission for filling up the additional posts in Group ‘A’, ‘B’ & ‘C’ that are to be filled by promotion on the basis of the guidelines on recruitment rule as permitted for CBDT.”

Para 5.1.4 of the Cabinet Note provides for one-time relaxation in the Recruitment Rules to enable filling-up of temporary 2118 posts at JTS level for promotion from the Group B Gazetted Executive grades. The continuation of these Temporary posts shall depend upon the circumstances and functional requirements of the Department. This shall have no adverse effect on the service conditions of the incumbents in Group ‘B’ feeder grades because they are already retiring with only single promotion in the career. These temporary posts will rather enable them to get 2^ndpromotion of the career. This is the only reason that the Cabinet has approved to take the measures to remove their stagnation independent of cadre restructuring too. It should not be forgotten that the temporary posts have been created as per cabinet decision on a long term basis for 5 years keeping in mind the functional requirement of the department. The long term basis is also suggestive in all fairness that after 3 years the existing provision of converting such posts into permanent ones shall also be considered.

In view of the observation of UPSC, the draft RRs has not yet been finalized. Therefore, it is requested that the Central Board of Excise and Customs may kindly be directed to make necessary amendments in the RR’s retrospectively for regularizations of all ad hoc promotions since 1997 and to frame of new Gr-A RRs duly considering the suggestions in consonance with the Hon’ble Apex Court decision dated 03.08.11 and the provisions of Article 309 of the Constitution of India and the provisions of DOPT guidelines duly withdrawing the regularization order No. 202/2014.

           

             Thanking you,

Enclosed- as above.

                                                                                                                             Yours faithfully,

                                                                                                              

Copy for kind information and necessary action to the

(1)   Secretary, Revenue, Govt. of India, North Block, New Delhi.

2. Chairman, Central Board of Excise and Customs, North Block, New Delhi.

ANNEXURE

Suggestions by the IRS(Indirect Taxes) Officers’ Association to amend Indian Revenue Service (Customs and Central Excise) Group A Recruitment Rules 2012 as circulated by CBEC

1.Suggested amendment for sub-Rule 4(1)

For the words, 'The authorised permanent strength in all grades of service and temporary strength in the grade IX of the service', the words, ‘The authorised strength in all grades of service’ shall be substituted.

Reason

Under Rule 2(g) of the RRs, the ‘Post’ includes permanent as well as temporary strength in all grades. Accordingly, authorised strength constitutes appointment made to any post under Indian Revenue Service (Customs and Central Excise) Group A as defined under Rule 2(g). Besides, the temporary posts are authorised posts created by virtue of cadre restructuring, for functional necessity. So use of the words ‘temporary’ or ‘permanent’ is superfluous.

As far as the proposed ‘Grade IX’ is concerned, it may be pointed out that creation of a separate Grade (grade IX) for the Assistant Commissioner (Junior Time Scale) Customs and Central Excise, appointed against temporary posts, lower than the Grade (VIII) of Assistant Commissioner of Customs and Central Excise (Junior Time Scale), is against the basic tenets of devising any RRs. This arbitrary gradation is a result of misconception in understanding the distinction between the term ‘posts’ and expression ‘an officer appointed in a grade to such posts’. Appointment in a grade may take place through different modes of selection (i.e. by direct recruitment or by promotion) and through different nature of posts (i.e., permanent or temporary). The grade, however, does not change because of such variations in manner of selection and nature of posts and remains same. Therefore, an officer shall be treated to have been appointed in a single grade, say Assistant Commissioner, grade, irrespective of nature of Post or nature of selection. Creation of separate grade by way of linking it to the nature of posts (permanent or temporary) or mode of selection (either direct recruitment or by promotion) is grossly anomalous and is unfair with regard to framing RRs. Besides, the Central Excise Act, 1944 or Customs Act 1962 or Finance Act 1994 makes no distinction between temporary and regular posts of Assistant Commissioner with regards to functions and powers.

Furthermore, there is no precedence of creating different grades in the same ranks with the same grade pay. So such a sub-division in the grade of Assistant Commissioner is untenable. It is to be kept in mind that the officers working as Assistant commissioner in the temporary posts are already permanent /regular employees of Govt. of India with even more than 30 years of service behind them.

So, any reference to ‘Grade IX’, wherever it appears in RRs, needs to be omitted.

 2. Suggested Amendment for sub-Rule 4(2)

The words ' permanent and temporary ' in this sub-Rule should be deleted.

Reason

That in terms of definition under Rule 2(g) of the RR, the authorised strength itself indicates and includes permanent as well as temporary posts. Accordingly, the words ‘permanent and temporary ' are superfluous.

3.Suggested  Amendment for sub-Rule 4(3)(i) 

This sub-Rule shall be substituted in the following manner:

‘The continuation of the posts in temporary strength, as specified in Schedule-I,  beyond the period, for which these are initially created, shall be reviewed by the Govt based on the factors like workload, stagnation etc. However, as long as an officer, after appointment in the grade of Assistant commissioner against such posts in temporary strength, remains in that grade in conformity with the service conditions, such posts in temporary strength, against which the said officer is appointed, shall not be declared as  abolished.’

Reasons:

The first line is superfluous as it is already mentioned in sub-Rules 4(1) and 4(2) of this Recruitment Rule(RR) that any post, be it permanent or temporary shall be specified in Schedule-I. It is also not necessary to mention the trifling details like date on which any post has been created or likely to be terminated, be it permanent or temporary. The Rules of RR should be confined to recruitment modalities and not details of creation of posts.

The first part of the second line regarding continuation of the posts in temporary strength is contrary to the provision of the sub-Rule 4(2) of this RR itself where it is provided that the continuation of the posts, be it temporary and permanent, shall be determined by the Govt. from time to time depending on the workload. Accordingly, the provision regarding continuity of the posts in temporary posts should be in conformity with the said provision in the manner as proposed. This will also ensure the functional justification of creation of any post.

  The second part of the second line is based on complete misunderstanding between the term ‘post’ and the expression ‘an officer appointed in a grade through such post’ either by way of promotion or direct recruitment or through permanent post or temporary post. Once the officer is appointed in a particular grade, he or she will be regarded as belonging to the service under which the posts exist and in this respect, no distinction can be made between officers appointed either to a permanent post or a temporary post, by direct recruitment or by way of promotion. The continuation of the service of that officer in that grade is in no way dependent on the fate or tenure of the post. So the incorporation made above to this effect linking the tenure of post and continuation of service is outrageous and beyond the purview of law. As long as an officer, after appointment in a particular grade against a post (permanent or temporary), remains in that grade in conformity with the service conditions, the post (permanent or temporary) against which the said officer is appointed cannot be declared as abolished.

Moreover, the 2^nd line is also contrary to the Cabinet approval under CBEC F.No. A. 11019/08/2013- Ad.IV, dated 18.12.2013,  para 7 of  which states 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".

Similar amendment regarding continuation of temporary posts has also been suggested through insertion of ‘Note’ in Schedule-I of the RR.

4. Suggested  Amendment for sub-Rule 4(3)(ii)

This sub-Rule shall be substituted in the following manner:

‘As and when the vacancies arise against posts in temporary strength, as specified in sl. No. 8 of Schedule-I, the same shall be filled up by promotion only in accordance with the procedure prescribed in sub-Rule 5(3)(b) read with relevant entries of Schedule-III(sl. No. 8) and Schedule-IV(sl. No. 8)

Reasons:

The amendments proposed are in conformity with the amendments proposed in sub-Rule 4(1), Schedule-I, III and IV of the RR opposing arbitrary, discriminatory and unfair creation of separate grade IX for Assistant Commissioners, promoted in temporary strength of posts defined and accordingly proposing deletion of sl. No.9 of all the Schedules mentioned.

5. Suggested  Amendment for sub-Rule 5(2)

1)         The sub-Rule 5(2) shall be renumbered as sub-Rule 5(2)((i)  and The words ‘fifty percent’ shall be substituted by ‘ upto ten per cent’.

2)         A new sub-Rule 5(2)(ii) shall be inserted after sub-Rule 5(2)(i) in the following manner:

‘A post-based roster shall be maintained earmarking the posts meant for direct recruits and the posts meant for promotion in the ratio mentioned in sub-Rule 5(2) (i) and sub-Rule 5(3)(a) respectively of the RR.’

Reasons for amendment (1)

In view of the highly adverse ratio (1: 15 approx) existing between the consolidated Gr B Executive officers and their immediate promotion grade of Assistant Commissioner, even after restructuring, whatever has been done in the Cadre restructuring shall be diluted and the stagnation is bound to return in short span of 1 or 2 years until and unless, immediate other measures like promotion to STS or granting 'weightage' are taken. Otherwise, the next lot will continue to stagnate. Therefore, as an important measure, the ratio of 50:50 between the posts meant for direct recruit Assistant Commissioner  and that of the promotee Assistant Commissioner should be changed to 10 (upto):90            (or more). Besides promotee Assistant Commissioners can immediately be put to functional utility as they are adequately trained with long real-time experience.

Reasons for amendment (2)

The provision of maintenance of post-based roster should be incorporated here without which there will always be a possibility of erosion in promotion quota or direct recruit quota at any point of time. The provision of maintenance of post-based roster should be incorporated as there will always be an erosion in promotion / direct recruit quota at any point of time. To give an example -

            The IC&CE Gr-A Recruitment Rules 2012 (earlier of 1987, 1998), stipulates the entry-level Group-A post of AC (also termed as JTS -Junior Time Scale) in the ratio of 50% DR(UPSC) & 50% by Promotion(amongst 3 feeder categories).

             The then sanctioned strength of JTS post(Assistant Commissioner) is '949', while that of STS (Deputy Commissioner) is '601'. The promotions are given to the JTS level 50% posts i.e. against '475'.

             The Civil List published by CBEC on its official website "http:// www. cbec.gov.in/deptt_offcr/civil-list2014-part2.pdf", for 01.01.2014, gives in Part-2, the list of Gr-A officers in the grade of AC/DC. This list consists of total '1284' Names['950' Direct-UPSC(DC:291+AC:439+AC-Probationer:220), and '334' Promotees(Cust Appraiser:198+Supdt Cus-P:18+Supdt CX: 118 )].

             This indicates that against the '949' JTS strength (even leaving aside the DR officers who have been promoted by now); the DR are '659 (439+220)', while promotees are just '334'. This is unjustified. The DR should not be more than '475'.

6. Suggested  Amendment for sub-Rule 5(3)(a)

1) The sub-Rule 5(3)(a) shall be renumbered as sub-Rule 5(3)(a)(i)  and

the words ‘fifty percent’ shall be substituted by ‘ninety per cent or more’.

2) A new sub-Rule 5(3)(a)(ii) shall be inserted after sub-Rule 5(3)(a)(i) in the following manner:

‘A post-based roster shall be maintained earmarking the posts meant for direct recruits and the posts meant for promotion in the ratio mentioned in sub-Rule 5(2)(i) and sub-Rule 5(3)(a)(i) respectively of the RR.’

Reasons for amendment (1) & (2)

Same as given against sub-rule 5(2) above.

7. Suggested Amendment for sub-Rule 5(3) (b)

The entire sub-rule shall be substituted in the following manner:

 ‘One hundred percent of the vacancies in Grade VIII (Junior Time Scale) of the service specified in sl. No. 8 of the Schedule-I i.e., Assistant Commissioner of Customs and Central Excise in the temporary strength shall be filled by promotion from amongst the officers mentioned in the sub-rule 5(3)(a)(i) above’.

Reasons

The amendments proposed are in conformity with the amendments proposed in sub-Rule 4(1), Schedule-I, III and IV of the RR opposing arbitrary, discriminatory and unfair creation of separate grade IX for Assistant Commissioners, promoted in temporary strength of posts defined and accordingly proposing deletion of sl. No.9 of all the Schedules mentioned.

8. Suggested Amendment for the ‘Note’ appended to after sub-Rule 5(3) (b) and the sub-Rule 5(4)

Both the ‘Note’ appended to after sub-Rule 5(3) (b) and the sub-Rule 5(4) shall be substituted by one new sub-Rule 5(4) in the following manner:

‘The promotion to the vacancies in Grade VIII (Junior Time Scale), i.e., Assistant Commissioner of Customs and Central Excise from amongst the all categories of officers, mentioned in the sub-Rule 5(3) (a) (i), on the basis of a combined eligibility list of all those categories of officers shall be prepared with reference to the length of continuous regular service counted from the respective base level Executive grade of Inspector/Preventive Officer/Examiner.”

Reasons

(A)   The disparity in promotional opportunity amongst the 3 feeder streams of  Supdt. Central Excise, Supdt. Customs Preventive and Appraiser is well known and has been categorically acknowledged by the Board in the Minutes of the meeting dated 11.02.2011. In the said Minutes, it was also pointed out that promotion on the basis of ratio (even after revision) is not enough to redress the disparity and that  the promotion to JTS level on the basis of base cadre seniority is a much better redress under the present dispensation. The base cadre seniority at present is feasible proposition because of the discontinuation of direct recruit Appraisers/Supdt Experts and, existence of all India merit list in the examination for base cadre recruits.

Considering the acute stagnation in the grade of Superintendent of Central Excise relaxation of Recruitment Rules can be resorted to in respect of a class or category of persons as per provision of Para 4.3, of PART IV on AMENDMENTS AND RELAXATIONS, of 'the Guidelines on Framing/Amendment/Relaxation of RRs' issued by DoP&T in  2010. This is also in conformity with the Article 309 of the Constitution of India which is primarily designed to obtain fairness and equity in recruitment, promotions and other service related matters. As the Superintendents of Central Excise are getting just one promotion unlike the officers of other Department, RR should be framed accordingly to bring just, fairness and parity.

(B)The separate provision for ‘Note’ after sub-Rule 5(3) (b) is not necessary as a combined eligibility list for all categories of Group B officers, mentioned in the sub-Rule  5(3) (a) (i), have been proposed to be prepared in the amended consolidated sub-Rule 5(4) which includes the categories mentioned in the said ‘Note’.

9. Suggested Amendment for Rule 5(4)

It should be substituted as below:

The vacancies to be filled by promotion shall be filled from the categories mentioned in 5 3 (a) (i)

Suggested Amendment by way of insertion of  of ‘Note’ after the amended sub-Rule 5(4)

The following ‘Note’ shall be inserted after the sub-Rule 5(4) in the following manner:

“Note : It must be ensured that at all points of time, the parity in promotion in respect all the 3 feeder cadres to Grade VIII, i.e., amongst the cadres of Supdt. Central Excise, Supdt. Customs Preventive and Appraiser, is maintained with reference to such eligibility list based on base cadre seniority. This can be achieved either by giving the entire promotion vacancies available to the feeder cadre/s, which is/are ahead of other feeder cadre/s by the yardstick of base cadre seniority, at the time of promotion, to the other feeder cadre/s which is/are lagging behind till such parity is reached, or otherwise.”

Reasons

The disparity once crept into amongst equally placed cadres by way of resorting to inequitable promotion policy cannot be wiped out merely by giving promotion on the basis of  eligibility list based on base cadre seniority. This can be achieved by way of allowing promotion to the cadre which is lagging behind till the time parity is maintained  with the cadre which are unjustly ahead of other cadres with reference to the date of joining/position in the seniority list by virtue of inequitable promotion policy.

10. Suggested Amendment for sub-Rule 5(5) (i)

The entire sub-Rule shall be substituted in the following manner:

‘Appointments in the grade VII of Deputy Commissioner of Customs and Central Excise (Senior Time Scale) shall be made by promotion from amongst the officers in the lower grades in the following manner:

i)                    Officers who have either completed 4 years of regular service in the grade VIII,

or

ii)                  Officers who have completed 6 years of combined regular service in the Grade VIII and feeder cadres of Grade VIII, taken together,

Reason

(A)   The Deputy Commissioner of Customs and Central excise (Senior Time Scale) in Grade VII is not a distinct functional grade with any higher level of responsibilities or any change of command than those associated with the grade of Assistant Commissioner of Customs and Central Excise (Junior Time Scale) in Grade VIII. The creation of such grade is essentially mitigatory and intended to alleviate the stagnation. It is akin to grant of the scale of pay in the mode of prevalent non-functional selection grade (NFSG). Accordingly, declaring those officers as Deputy Commissioner of Customs and Central excise (Senior Time Scale) in Grade VII who have already attained the pay scale and grade pay assigned to such grade and/or have completed the combined qualifying service is only logical and fair.

Most of the Group ‘B’ gazetted officers in the Central as well as State governments are being promoted directly to a Senior Time Scale (STS) posts 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. These Gr-A officers 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 & other Central Ministries/Departments.

Apart from 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’ in various services in Railways, Administrative Services, Police Services, State Services etc., these group ‘B’ gazetted officers are also allowed the weightage of minimum of four years at the time of entry into group ‘A’, giving them the due benefit of seniority in lieu of the service rendered by them in the group ‘B’.

The position in CPWD is even more encouraging where an officer with a grade pay of Rs. 4600/- is being directly 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/- . 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 grade pay of Rs. 4200/-. Whereas in CBEC the Inspector Central Excise who is recruited at Grade Pay of Rs.4600/- is not allowed to move beyond the Rs.5400/- grade pay.

It is known fact that, the Group-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, with common scale of pay.

(B)   The condition, given in the last line of the sub-Rule 5(5)(i) of the draft circulated by the Board, that “the service rendered by the officers in temporary post in Junior Time scale shall not be counted as ‘regular service’ for the purpose of promotion to higher grade(s)” is in conflict with the definition of ‘regular service’ given in sub-rule 2(h) ibid. It flows from complete misunderstanding between the term ‘post’ and the expression ‘an officer appointed in a grade through such post’ either by way of promotion or direct recruitment or through permanent post or temporary post. Once the officer is appointed in a particular grade, he or she will be regarded as belonging to the service under which the posts exist and in this respect, no difference can be made between officers appointed either through permanent post or through temporary post, by direct recruit or by way of promotion. The continuation or counting of the regular service of that officer in that grade is in no way dependent on the fate or tenure of the post. So the service rendered by an officer in the grade of Assistant Commissioner (junior time scale) has to be regarded as ‘regular service’ irrespective of appointment by way of promotion or direct recruitment or to a permanent post or temporary post. Therefore, the above provision which seeks to preclude any further elevation of the Assistant Commissioners promoted against temporary posts is wholly arbitrary and legally untenable.

11. Suggested Amendment for sub-rule 5(5)(iii)

The entire sub-rule 5(5)(iii) shall be deleted.

Reason

The Rule is clearly violative of Article 14 of the Constitution of India. It has emanated from the complete misunderstanding and misconception of creating separate grade for Assistant commissioner appointed through temporary strength. The fact, that the same is completely anomalous and unjust, has already been elaborated in the ‘reasons’ given under the proposed amendment of sub-Rule 4(1) of the draft RR circulated by the Board. The contention that the service rendered by the Assistant Commissioners appointed through temporary strength cannot be treated as regular service is also equally unjust and bad in law for the reasons elaborated in the ‘reasons’ (B) given under sub-Rule 5(5)(i) above. Accordingly, this sub-Rule 5(5)(iii) deserves to be deleted in its entirety. The manner of appointment in the grade of Deputy Commissioner of Customs and Central Excise (Senior Time Scale) (Grade VII) is already incorporated exhaustively in the sub-Rule 5(5)(i) of the proposed amendment.

12. Suggested Amendment for sub-Rule 6

The words ‘by promotion in Junior scale’ shall be deleted.

Reason

This clause is essentially meant for new entrants. The officers on promotion after 25 years of service and endowed with vast experience should be given due weightage and be exempted from such probation/confirmation.

13. Suggested Amendment for Schedule-I to the RR

The following amendments shall be made in respect of Schedule- I:

(A)       Sl. No. 8           The entries in Col. (3) showing ‘Number of Posts’, shall be substituted in the following manner:

(a)   Permanent strength-                    1249

(b)   Temporary strength-                    2118*

(B)       Sl. No. 9           To be deleted entirely

(C)       The existing ‘Note’ at the end of Schedule I shall remain as ‘Note 1’

and a ‘Note 2’ shall be inserted after the ‘Note 1’ in the following manner:

Note 2:  The continuation of the temporary post beyond the period for which these are created shall be reviewed by the Govt based on the factors of workload, stagnation etc. However, as long as an officer, after appointment in a particular grade against a post (permanent or temporary), remains in that grade in conformity with the service conditions, the post (permanent or temporary) against which the said officer is appointed shall not be declared as  abolished.

                       

Reason

(A) & (B): The creation of separate grade for Assistant commissioner appointed through temporary strength is a result of complete misunderstanding and misconception. The fact, that the same is completely anomalous and unjust, has already been elaborated in the ‘reasons’ given under the proposed amendment of sub-Rule 4(1) of the draft RR circulated by the Board. So, there can be only single grade of Assistant Commissioner irrespective of the nature of post (temporary or permanent) and irrespective of nature of selection (Direct recruitment or promotion). So, the clause ‘Grade IX’, wherever it appears, needs to be omitted.

Now, the definition of the term ‘post’ under Rule 2(g) ibid, includes permanent as   well as temporary post in all grades. Accordingly, the authorised strength (Number of Posts) of a particular grade should necessarily indicates and includes appointment in any post, temporary as well as permanent, under Indian Revenue Service (Customs and Central Excise) Group A Recruitment Rules. As there can be only one grade of Assistant Commissioner, the mentioning of both the permanent and the temporary post in the relevant column against the sl. No. 8 of the Schedule-I (meant for the grade Assistant Commissioner (junior time scale) in Grade VIII), therefore, is a necessity.

(C) The insertion of the ‘Note’ regarding continuation of temporary posts is in conformity with the amendment proposed in sub-Rule 4(3)(i) and the provision under sub-Rule 4(2). The detailed reason have already been incorporated along with the amendment proposed for sub-Rule 4(3)(i) of the RR.

14. Suggested Amendment for Schedule-III of RR

The following amendments shall be made in respect of Schedule III:

(A)       Sl. No. 7           The entries in Col. (4) showing ‘Field of Selection, Grade and the minimum qualifying service for promotion’, shall be substituted in the following manner :

‘Appointments in the grade of Deputy Commissioner of Customs and Central Excise (Senior Time Scale) (Grade VII) shall be made by promotion in accordance with sub-Rule 5(5)(i).’

(B)       Sl. No. 8           (1)        The entries in Col. (3) showing ‘Method of recruitment’ shall be substituted in the following manner:

(a)   For Permanent strength  

(i)                 Upto 10% by Direct Recruitment

(ii)               90% or more by Promotion         

(b)   For Temporary strength  

-100% by Promotion

(2)        In the entries in Col. (4) showing ‘Field of Selection, Grade and the minimum qualifying service for promotion’, for the words, ‘Fifty percent of the vacancies in Grade VIII (Junior Time Scale) shall be filled by promotion in accordance with Rule 5(3)(a)’, the following words  shall be substituted :

‘Ninety percent or more of the vacancies in Grade VIII (Junior Time Scale) shall be filled by promotion in accordance with sub-Rule 5(3)(a)(i) and sub-Rule 5(4)’

(C)       Sl. No. 9           To be deleted entirely.

Reason

(A) : For reasons as already appended to against sub-rule 5(5)(i) above.    

(B) & (C): For reasons as already appended to against sub-Rule 5(2)(i), 5(3)(a)(i) and also for reasons appended to against the proposed amendment of Schedule-I above. As there can be only one grade of Assistant Commissioner, the mentioning of both the permanent and the temporary post in the relevant column against the sl. No. 8 of the Schedule-III (meant for the grade Assistant Commissioner (junior time scale) in Grade VIII), therefore, is a necessity and that the the sl. No. 9 showing a different grade of Assistant Commissioner has to be deleted.

15. Suggested Amendment for Schedule-IV of RR

The following amendments shall be made in respect of of Schedule-IV of RR:

(A)                                                   Sl. No. 8          The entries in column 3 showing ‘DPC/DSC for Non-Functional Selection Grade’  shall be substituted in the following manner.         

                                             

(B)   Sl. No. 9           To be deleted entirely.

Reason

For reasons as already appended to against Schedule-I and III above and also for the reason that for a single grade, the constitution of the DPC should be identical. The role of UPSC should be confined to direct recruitment of officers to Group-A at entry level grade. It should not be involved for promotion of officers to Group-A level. As there can be only one grade of Assistant Commissioner, the mentioning of both the permanent and the temporary post in the relevant column against the sl. No. 8 of the Schedule-IV (meant for the grade Assistant Commissioner (junior time scale) in Grade VIII), therefore, is a necessity and that the sl. No. 9 showing a different grade of Assistant Commissioner has to be deleted.