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AICESTMOA

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RUNNING MESSAGE

The emergency executive committee meeting of all India Central Excise and Service Tax Ministerial Officers Association and convention of the Gujarat Unit were held jointy on 23rd January, 2016 at Ahmedabad, Gujarat. In the very beginning Shri Vikas Kumar Gupta, National Organising Secretary, on behalf of the host unit, welcomed the Hon’ble Chief Guest Dr. Manoj Kumar Rajak, Additional Commissioner, Central Excise, Ahmedabad; Guests of honour Dr. Arvind Kumar, Deputy Commissioner, Central Excise, Ahmedabad, Shri Rajesh Kumar, Deputy Commissioner, Central Excise, Ahmedabad; and all the participating delegates from different parts of the country. The name of Shri Ashim Pramanick, the national President of the association was proposed to preside over the meeting. It was seconded by Shri Sankar Kumar Saha, Shri Vikash Kumar Gupta and Shri Indramohan Chaudhury. Everyone sang the national anthem in unison to mark the beginning of the proceedings. Shri (Dr.) Manoj Kumar Rajak, IRS was requested to inaugurate the programme by kindling the lamp and declaring the session open. The President initiated the discussions and gave his inaugural address. He pointed out the fact that it was a great privilege for all of us to assemble on the land of Father of the nation Mahatma Gandhi Ji and that too, on the birthday of another great soul of this country Shri Netaji Subhash Chandra Bose. We should show our respect to the great patriots through our actions as public servant in nation building in our own capacity and at our own level. The Chief Guest and the special guests also expressed happiness for organizing such a meeting at the national level in Ahmedabad. They urged to consider the need of the department and also assured to take forward our issues to the appropriate echelon for suitable disposal. Then the Secretary General thanked the Chief Guest and the Guests of honour for attending the convention and providing the encouragement and impetus to this association. Subsequently, the proceeding of the meeting of the Gujarat committee began. The representatives from various parts of the state of Gujarat posted at different Commissionerates attended the meeting (Link list). The all India association was receiving repeated requests from various Commissionerates and units of the state of Gujarat to give separate affiliations to their local units. It was impressed upon them that an all Gujarat committee be formed because that is expected to strengthen the organization and in that case the number of members would be sizable and in the event of any organizational activity this will help. A small organization cannot take strong step at the time of necessity. So they have to remain united and strengthen the organization. Accordingly, it was decided to hold a meeting at Ahmedabad to form a committee for the entire state of Gujarat. Representatives offered their opinions and after long deliberation and under the supervision of the all India committee, an all Gujarat Committee was constituted unanimously (Link list). Shri Chetan Shah, former Vice-President of the all India Association and now a Superintendent, contributed positively towards formation of an all Gujarat Committee. The committee will represent the ministerial officers posted in the state of Gujarat and they will be affiliated with the All India body and they will provide the assistance to the all India association and also abide by the call of the all India body. The all India leaders expressed satisfaction over the formation of an all Gujarat Committee by full consensus and it was also assured to the Gujarat committee that all assistance will be provided by the all India body whenever required. In the post lunch session, the discussion on all India issues were taken up. The Secretary General initiated the discussion and briefed the delegates about the development of the following burning issues: 1. Recruitment Rules of Executive Assistant and the action taken by the association and their developments. 2. Developments on our efforts on one time relaxation in the Recruitment Rules. 3. Promotion to the post of Chief Accounts Officer. 4. Issues related to pay to be decided following the recommendations of the 7th Central Pay Commission. The Secretary General explained in details as to how this association has taken steps in every moment to protect the interest of the members of this association. All representations were made in time and authorities were approached. Shri Ram Lalit, Liaison Secretary, then briefed the latest status on each of the issues. In fact, Shri Ram Lalit visited Delhi enroute Ahmedabad to take stock of the issues and pursued all the issues at appropriate levels. It was informed that Board is not at all positive and responsive to our requests. The Member (P&V) has given assurances on several occasions on the issues of OTR, EA and CAO DPC. But from the experience, it is found that none of the assurances have been realized. In fact, it was noted with great concern that even the file on One Time Relaxation (OTR) has been kept unattended and nothing is moving and even on the RR of EA board is not taking any action to either amend or give any dispensation to our members. Then the members from different zones deliberated upon the issues (Link name list). They took part in the discussion. They explained the problems being faced by the members. They also suggested to take strong action. The option of agitation was also mooted in the meeting. It was discussed at length. The advantages and disadvantages were also discussed. The option for going for legal battle for Recruitment Rules of EA was also mooted after prolonged discussion. It was decided to adopt a too pronged approach on the issue of RR of EA and TA. We will approach at senior level such as the Secretary, Revenue, Govt. of India and above to apprise of our grievances and particularly the disparity that exists between CBDT and CBEC in the matter of RR of EA and TA. If such efforts fail, then we shall go for agitation. Simultaneously, it was also decided to approach the Principal CAT, Delhi at an appropriate time and after further consultations to redress our grievances on RR. Again on the question on one time relaxation, it was decided to follow the sections as well as at the higher levels. If those efforts fail, then similarly on this issue also the all India association will go for agitation with the assistance of all affiliated units. It was also informed that the association is trying its level best to get the CAO DPC done at the earliest. The efforts put in by Shri V Gurukumar and other Comrades of Hyderabad Unit to do the ground work are remarkable. It was again urged upon to all the delegates present, to see that the reports on VC/IC of the concerned officers of their zone are sent immediately, so that the DPC can take place in a month or two. It was also decided to press hard for publication of the next Seniority List of Administrative Officer and Secretary General explained the efforts taken by this association in this regard. Regarding Pay disparity between the CBDT and CBEC, it was decided to approach Secretary, Revenue and if that fails, other action would also be initiated. Some zones, particularly Mumbai zone reported that the instructions of the Board are not being followed in their zone. They specifically pointed out that the Board’s instruction dated 3rd Nov 2014, clarifying the fact that any officer who has qualified the examination within the age of 50 can be considered even after the age of 50, has not been implemented in Mumbai zone despite several requests even after clarification from the Board. The zone was assured that any assistance required would be extended by the all India body. It was also decided to refer the matter to the Board. The Vizag zone also expressed their problems in details. The zone has given a very vivid picture about the problems being faced by the ministerial officers and also given suggestions to redress such problems. Patna zone highlighted the fact that the order of Hon’ble High Court of Andhra Pradesh in the matter of promotion from erstwhile Group-D to LDC has not been implemented in their zone while that has been implemented in other zones. The zone was also advised to take up the issue appropriately with the zonal authority. They should first get all information on this issue and take up the matter with the concerned authority. All India association will extend the support as and when it is required. It was a real show of strength and unity. On organizational front the following important decisions were taken: 1. Shri Sankar Kumar Saha who was officiating as Secretary General, after the promotion of G. Samdani Khan to the post of Inspector, has been unanimously elected as Secretary General for the complete tenure till the next convention. 2. Shri Ram Lalit shall hold both the portfolio of Assistant Secretary General and Liaison Secretary. 3. Shri Prosenjit Pandey and Shri Suman Sarkar have been appointment as Treasurer and Office Secretary respectively, as they both are stationed at Kolkata, the place where the Secretary General belongs to. 4. The Bank Account of the association lying in the Bank of Maharastra in Pune will be transferred to Kolkata and will now be operated by any two of the following three office bearers: (a) Shri Ashim Pramanick, President (b) Shri Sankar Kumar Saha, Secretary General (c) Shri Prosenjit Pandey, Treasurer. Shri Shivaji Valu, General Secretary of the Pune zone assured to take all action to transfer the Bank Account of the Association from Pune to Kolkata. 5. All the federating units shall furnish the list of members of their respective units along with the DDO’s certificate (Annexure-II), showing the number of members, contributing the subscriptions. Such list may be prepared as on 01.04.2016 as the all India Body is required to initiate the process of renewal of recognition and submit the necessary documents to the board – action Organization Secretary. 6. Upon operation of the Bank Account of the all India body all the federating units shall contribute their due subscriptions to the all India body. The share of contribution has been revised from Rs. 5/- per member per month to Rs. 10/- per member per month - action Treasurer. Every one vowed to stay together and fight together and at the end of the meeting everybody noted the efforts taken by Shri Vikash Kumar Gupta, Shri Indramohan Choudhary, Shri Kishor Parmar and other leaders of Ahmedabad Unit. They made this meeting a grand success. This meeting has provided the opportunity to the delegates of this association from all over the country to share their anxiety and pain together to look for the solutions. It was agreed by one and all to fight for the cause of the ministerial association and to go to any extent to protect the interest of our members. The President thanked everybody for their participation and contribution and concluded the proceedings.

Sunday, February 28, 2010

BRIEF LIST OF ISSUES BEING PURSUED BY THE FEDERATION

Dear Comrades,
The undersigned has been receiving request from various members seeking an update regarding the issues being pursued by the Federation in the Board's Office. Therefore, it was felt to update the same on the website. The issues in brief, as communicated to the Board, is placed hereunder for information of the members.
With regards,
Thomas Mony,
Secretary General.
REDESIGNATION OF UDC (SPECIAL PAY) AS STA

Ref No. AICESTMOA/10-06.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.

(Kind Attn : Deputy Secretary, Ad.III A)
Respected Sir,

Sub : Re-designation of UDC (Special Pay) as STA – Withdrawal of Board’s instruction dated 09.10.2007 - regarding.
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Kind reference is invited to the numerous correspondences made on the subject matter which is pending decision till date. (copies enclosed for ready reference please)

2. Consequent upon issuing implementation orders in the case of Rashmi Arolkar V/s. UOI issued vide F.No.A.32018/1/2007-Ad.III A dated 09.10.2007, the Board had preferred a Special Leave Petition in the Hon’ble Supreme Court of India against the Hon’ble Chennai High Court order which came up for hearing on 04.04.2008 and directions were given by the Hon’ble Supreme Court to operate the disputed Recruitment Rules, under the condition that there would be no reversions.

3. The Board had further issued directions vide F.NO.A-23020/07/2007-Ad.III A dated 7th April, 2008 and 10th Sept’ 2008 to take necessary action to fill up the vacancies available in the promotion quota in the cadre of STA and Inspector as per the existing Recruitment Rules. Since no Executive Instruction can whittle down a statutory Recruitment Rule in force and considering the fact that the Recruitment Rules are being defended by the Central Board of Excise and Customs in the Hon’ble Supreme Court of India with the condition that there would be no reversions, it is once again requested that the interim orders of the Hon’ble Apex Court be followed in the right spirit, by withdrawing Board’s order dated 09.10.2007 till a decision is arrived at in the Seniority case.

4. It is also pertinent to mention here that some Commissionerates have reverted UDC (Special Pay) re-designated as Senior Tax Assistant to the grade of Tax Assistant whereas many Commissionerates have not reverted similarly placed officers owing to the relief granted by the Hon’ble Supreme Court of India and hence Board’s uniform directions in this regard is solicited please.

Anticipating positive response on the above mentioned request, I remain,
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL
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REQUEST FOR LIFTING OF BAN ON INTER-COMMISSIONERATE TRANSFER

Ref No. AICESTMOA/10-08.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.
(Kind Attn : Deputy Secretary, Ad.III A)
Respected Sir,
Sub : Lifting the ban on Inter-Commissionerate Transfers - request thereof.
************************************

A settled decision of allowing Inter-Commissionerate Transfers in the various Group ‘C’ and ‘D’ posts based upon Board’s instructions dated 1980 has been unsettled by the Board by issue instructions to ban ICT w.e.f. 19.02.2004.

2. Inter-Commissionerate Transfers till 19.02.2004 were governed by Board’s earlier instructions contained in F.NO.A.22015/34/80-Ad.III B dated 20.05.1980 which clearly stipulated that the seniority of the transferred official would be fixed at the bottom of the respective seniority list. In other words, there was no protection of seniority and this instruction of the Board has stood the test of time and has been upheld by the Hon’ble Apex Court in a catena of decisions. However, the said consistent stand of the Department till 19.02.2004 has been changed owing to some Tribunal decision, which might not have been defended properly at the relevant point of time, because of which a haphazard decision was arrived at, to ban Inter-Commissionerate Transfers, though statutory provisions in the Recruitment Rules does provide for permanent absorption. Executive instructions cannot whittle down statutory provisions and therefore expecting legal relief on the unwarranted decision would prove futile.

3. More agonizing is the fact that the Board in its own wisdom chose to relax ICT ban on spouse grounds and portrayed its bounteousness by granting seniority to the officers who are getting transferred on spouse grounds without any mention whatsoever as to whether the said instruction superseded the Board’s earlier instruction dated 20.05.1980 or otherwise. While the said instruction is contradictory to earlier instruction dated 20.05.1980 as regards seniority is concerned and is also very silent about its retrospective or prospective application, the same has put the Board in a tight spot and would trigger fresh litigations which would be difficult to defend.

4. Considering the fact that there is a huge imbalance prevailing in the various Group ‘B’, ‘C’ and ‘D’ cadres, post restructuring, in the respective zones under Central Board of Excise and Customs and the fact that ICT terms and conditions stipulated vide Board’s instructions contained in F.NO.A.22015/34/80-Ad.III B dated 20.05.1980 has stood the test of time, a request is once again made to the Board to lift the ban imposed on effecting Inter-Commissionerate Transfers on Compassionate grounds, with the condition that the provisions incorporated by the Board in its instructions dated 20.05.1080 would prevail.

5. Hoping that the Board would consider the above mentioned request wisely rather than ignoring the same, time and again, as this would be in the overall interest of the Board.
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL
* * * * *

REQUEST FOR RELAXATION FOR PROMOTION TO THE GRADE OF INSPECTOR
Ref No. AICESTMOA/10-09.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.
(Kind Attn : Director, Ad.III B)

Respected Sir,
Sub : Granting Height relaxation for promotion to the grade of Inspector – reg.
************************************
Kind reference is invited to Board’s recent letter whereby information was called for from the field formations to ascertain the number of officers who have been awaiting relaxation in Height parameter inorder to be considered for promotion to the grade of Inspector.

2. The Recruitment Rule for Inspector, Central Excise has been notified vide GSR No.494 dated 07.12.2002 which has been classified as General Central Service, Group ‘C’ Non-Gazetted, Non-Ministerial and the said Recruitment Rule has not been superseded and still in existence. As per DOP&T’s instructions issued vide CD.14017/10/85-Estt.(RR) dated 21.03.1985 and 05.06.1985, the respective Ministries/Departments have been delegated powers to frame/amend/relax provisions in the Recruitment Rules for Group ‘C’ and ‘D’ posts.

3. Considering the fact that numerous promotee quota vacancies in the post of Inspector are lying unfilled in many zones throughout the country, it would be in the interest of the Department that the relaxation proposed to be granted is done so at the earliest, which is a positive step initiated by the Department, thereby facilitating filling up of vacancies prior to embarking upon massive exercises like reorganization, GST etc. Moreover, the age old requirement to fulfill the said physical parameters as laid down in the Inspector Recruitment Rule is found to be obsolete, as the Department is more or less audit related and physical control is minimized to the maximum possible, thereby creating the need to re-look into the said issue with a broader perspective.

4. Anticipating grant of an early relaxation, I remain,
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL

* * * * *

REQUEST FOR RELAXATION IN QUALIFYING SERVICE FOR PROMOTION TO THE GRADE OF INSPECTORS

Ref No. AICESTMOA/10-10.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.
(Kind Attn : Deputy Secretary, Ad.III A)
Respected Sir,
Sub : Granting relaxation in qualifying service for promotion to the grade of Inspector..
************************************

The Recruitment Rule for Inspector, Central Excise notified vide GSR No.494 dated 07.12.2002 and classified as General Central Service, Group ‘C’ Non-Gazetted, Non-Ministerial has not been superseded and is still in existence. As per DOP&T’s instructions issued vide CD.14017/10/85-Estt.(RR) dated 21.03.1985 and 05.06.1985, the respective Ministries/Departments have been delegated powers to frame/amend/relax provisions in the Recruitment Rules for Group ‘C’ and ‘D’ posts.

2. Based upon the said DOP&T’s delegation of powers to the respective Department, this Association takes the opportunity to put forth the following facts for your kind information and suitable orders in this regard.

a. Prior to Cadre restructuring, the cadre of Tax Assistant, Upper Division Clerk and Lower Division Clerks were eligible to be considered for promotion to the grade of Inspector.
b. Post Cadre restructuring, all the stagnating Lower Division Clerks had to forego their numerous years of dedicated service put in the Department, only to get an alleviation to the grade of Tax Assistant and face the second round of stagnation owing to the mandatory 10 years eligibility condition laid down in the Inspector Recruitment Rule.
c. Owing to the deemed promotion, all the Lower Division Clerks, irrespective of the years of service put in, were either notionally promoted as Upper Division Clerks w.e.f. 2001 or 2002 and thereafter re-designated on 05.05.2003 or promoted as Tax Assistant during the year 2003.
d. As per Clause (c) under Column 12 of the Schedule to Recruitment Rule of Inspector, Central Excise, eligibility of Tax Assistants is not less than 10 years service including he service to be included for this purpose under the provisions of the rules regulating the method of recruitment to the post of Tax Assistant.
e. The Lower Division Clerks who had put in ample years of service were granted deemed promotion as Tax Assistant in 2003 and they put in only more than 6 years of service owing to which they are not eligible for promotion to the grade of Inspector.
f. Further, as per Clause (b) under Column 12 of the Schedule to Recruitment Rule of Inspector, Central Excise, eligibility of Senior Tax Assistant to the grade of Inspector is two years of regular service. Since numerous Tax Assistants throughout the country have been promoted as Senior Tax Assistants during the past two years, and as they have not completed 2 years of service as STA, they too are not eligible to be considered for promotion to the grade of Inspector.

3. It would be pertinent to mention here that though ample vacancies are existing in the promotee quota of Inspector, the same cannot be filled up for want of eligible officers as per the provisions incorporated in the Recruitment Rule of Inspector.

4. As per Rule 6 of GSR 494 notified on 07.12.2002, the Central Government is competent to relax any of the provisions of the rules with respect to any class or category of persons. Prior to cadre restructuring, Lower Division Clerks with 11 years service in the grade and 2 years as UDC were eligible for promotion to the grade of Inspector. On a similar analogy, Lower Division Clerks who have put in nearly 10 years service were granted deemed promotion to the grade of Tax Assistant during the year 2003, consequent upon which they have been working as Tax Assistant for more than 6 years, thus taking the total span of service to 16 years.

5. Considering the fact that the Department is required to meet the growing demands of the user-clients for much higher levels of facilitation, reliance on technology and having a motivated, committed and trained workforce, for which massive exercise of reorganization is being embarked upon by the Board, the said objectives obviously cannot be met with, by having a workforce which is low in morale and deprived of opportunities for a proper career building.

6. In view of the facts narrated above, the Board may like to grant a one time relaxation of 4 years in the qualifying service of Tax Assistants for being considered eligible for promotion to the grade of Inspector, including 2 years relaxation in the grade of Senior Tax Assistants, thereby ensuring that all the seniors i.e. Senior Tax Assistants with 1 ½ years or 6 months etc., etc., as the case may be, but who are senior to the Tax Assistants are also considered for promotion alongwith their juniors, who would be availing of the benefit likely to be granted by the Board, thus boosting their morale.

7. This Association is seeking the above mentioned relief for a majority of its members as a one time measure for the crucial fact that once the new Inspector Recruitment Rule is notified as a Group ‘B’ post, the Board would not be competent to relax the provisions of the said Recruitment Rule, once notified as it would fall in the jurisdiction of external Departments like DOP&T, UPSC etc., etc. and thereafter obtaining relaxations immediately on notification of new RRs would be next to impossible thereby resulting in non-filling of Inspectors vacancies and leaving behind frustrated and depressed officers to cater to the Departmental requirements.

8. Hoping that the Board would consider the genuine submissions put forth by this Association and anticipating a one time relaxation for its members before the advent of reorganization and introduction of GST, thereby boosting the morale of many officers in the Department.
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL
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4 comments:

Ramnath said...

congratulations for the efforts and success on getting recognition for the federation. Today, I have emailed representation prepared by me for grant of 4600 gpay for DOS post. You may add any points for submission by other members who are DOS spread all over the country.
Ramnath

radhakrishnan said...

In the letter addressed to Chairman CBEC the secy.gen mentioned that all LDCs notionally promoted as UDCs. But I could not become UDC since I completed only 4 years instead of the required 7 years even though I was confirmed and passed departmental examination. I request the Secretary General to take up with the Board at the highest level the one time relaxation of qualifying service by 3 years for the notional promotion of UDC with effect from 31.12.2002 or by April 2003 with the result TA redesignation from 5.5.2003. This one time relaxation will benefit LDCs of old recruitment rules 1979 well above DEO in Seniority if the Supreme court rules in our favour. It will also ensure that for LDCs, UDC seniority counts from December 2002. -S.Radhakrishnan, TA

KONOOR M said...

Can u give information regarding ONE TIME RELAXATION IN PROMOTION OF LDC TO UDC from the period from 1999 to 2004 and also promotion to Inspectors

balu said...

Dear Mr. Konoor,

As per the available information, it is learnt that the one time relaxation for promotion from LDC to UDC (relaxation of qualifying service from the mandatory 7 years to 4 years), which will benefit the 98 batch LDCs is under consideration, based on some representations received from Chennai. But one has to wait and see for the further outcome on the subject.

Do give your email id and I will let you know the full details on the issue..

regards,
Balu