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BREAKING NEWS - DPC FOR PROMOTION TO CAO FOR THE VACANCY YEARS 2010-11, 2011-12 & 2012-13 HAS BEEN CONDUCTED ON 30.10.2014 & 31.10.2014 AS SCHEDULED.Blogger Tips and Tricks

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Many of our members are wondering as to why the promotion order of Chief Accounts Officer (CAO) is getting delayed so much. We fully share the anxiety. The fact remains that the concerned file has duly been processed for approval of the Competent Authority and we are also trying on our part in best possible manner. Meanwhile, our Comrades of Bangalore have met Ms. Joy Kumari Chander, Hon'ble Member (P&V) today at Bangalore. Member (P&V) was very kind to give a patient hearing despite her busy schedule. The issue of present promotion order and the next DPC for CAO for the years 2013-14 and 2014-15 have been represented today also. I request our friends at various zones to see that all requisite information relating to updation of Seniority List of CAO, ACR/APAR etc. (whenever calls for) are sent at the earliest. Meanwhile, I have received many representations from some of the zones, urging for the Association to take up some issues with the Board for immediate redressal. The issues basically centre around the problems, being experienced in various zones in the matter of promotion to various posts. The hype created before CR seems to have not been fulfilled, resulting in accumulation of grievance among our members. The main problem area after implementation of Cadre Restructuring has been the preserved confusion on appropriateness of length of qualifying service for effecting the promotion to the post of Inspector against the additional strength. We are trying to resolve the impasse that exists in some of the zones in an appropriate manner. Promotion to the grade of Tax Assistant (TA) has also been halted in many zones owing to notification of new Recruitment Rule dated 10.01.2014. The qualifying service has been lengthened and educational qualification has been raised. We had earlier taken up this issue and have been following it up. We will continue to do so with greater thrust. Also, it is informed that even the regular promotion Senior Tax Assistant (STA) is not implemented in some of the zones, citing the fact that STA and DOS (Deputy Office Superintendent) posts have been merged as Executive Assistant (EA). It has been clarified by the Board and DoP&T in the past that a post only to be considered to be created once the Recruitment Rule (RR) of such post is notified. Any RR does not become infractuous automatically only through an executive order. It will continue to be effective till new Rule is notified in its place through laid-down process and after the approval of the Competent Authority. Therefore, wherever such problem has cropped up, it is suggested that the zonal administration may be requested to take note of the above facts and appreciate that the Recruitment Rule (RR) of STA and DOS are still in vogue, till the RR of Executive Assistant (EA) is notified. This Association is also alive to the need for some relaxation in Recruitment Rule of Inspector in terms of qualifying service and other conditions. There shall be considerable number of vacancies which will not be filled up for want of eligible officers in the feeder post. In order to impress upon the Board, we need data on number of posts, lying vacant after first phase of DPC, post Cadre Restructuring. I request to all the zonal leaders to mail me (Email Id : pramanik.ashim4@gmail.com) the following information of their zones at the earliest:- 1. Name of the zone : ........................................................ 2. Number of vacancies in Promotee Quota (PR Quota) of Inspector as on 31.07.2014 (pre-cadre restructuring) : ................................................... 3. Number of additional posts sanctioned in the PR Quota through Cadre Restructuring as on 01.08.2014: .................................................... 4. Number of posts filled up after Cadre Restructuring (CR) against Point No.2: ................................................ 5. Number of posts filled up after Cadre Restructuring (CR) against Point No.3: ................................................. 6. Number of pre-cadre restructuring vacancies (Point No.2 - Point No.4): .......................................................... 7. Number of post-cadre restructuring vacancies (Point No.3 - Point No.5): .......................................................... It will be highly appreciated if the above data is made available with this association, so that the issue of relaxation can be taken up with the Board in a much stronger manner. The implementation of the judgmment of Hon'ble CAT Chandigarh bench dated 17.03.2010 on promotion of officers beyond the age of 50 years to the post of Inspector, has not been uniformed all over the country. We tried hard to get a clarification from the Board to pave the way for implementation in every zone. The said clarification has been issued on 03 Nov, 2014 (to see the order click here) which will be of great relief to many of our members.

Thursday, November 4, 2010

Agenda items of the Departmental Anomaly Committee

Dear Comrades,

     The following are the agenda items that are likely to be taken up in the Departmental Anomaly Committee :-

Agenda Items for the Departmental Anomaly Committee of the Ministry of Finance.

Item No.1.

1. Upgradation of Tax Assistants and Assigning Grade Pay of Rs. 2800/-.

The Tax Assistant post in the CBDT and CBEC is the basic ministerial cadre with an element of 75% direct recruitment. They are, after the implementation of the V-CPC,in the grade pay of Rs 2400/-. The recruitment to this cadre is through an all India Examination. As per the extant Recruitment Rules, the Tax Assistant must be a graduate and must have a minimum speed of 8000DPH in computer. However, the personnel recruited by the Staff Selection Commission of the same graduate level examination when placed at the disposal of the IA & AD or other accounting organizations are assigned the Grade Pay of Rs 2800/-. It could be seen that personnel recruited with lower level of qualification in as much as the Recruitment Rules of Accountant/ Auditor does not stipulate the minimum speed of Computer Depression are given higher pay, while the Tax Assistants are assigned the Grade Pay of Rs 2400, the Accountants/Auditors are given the grade Pay of Rs 2800/. Moreover, under the MACP Scheme, due to denial of hierarchical grade, , the grade pay of Rs 2800/- is considered as one promotion for those who are in the grade Pay of Rs 2400. In fact there is no promotional posts in that grade pay of Rs 2800/- in the CBDT. This is a clear anomaly in as much as persons recruited with the same qualification and through same examination, are given different Grade pay depending upon the Department to which one is assigned. We therefore request that the Tax Assistants in the Department of Revenue may be assigned the Grade Pay of Rs.2,800/- in the place of Rs.2,400/-

(received from ITEF New Delhi)

Item No.2.

Grant Grade pay of Rs 4800/ to Inspectors, Administrative Officers and Private Secretaries in the Income-tax Department.

In the Department of Revenue, Inspectors, Administrative Officers and Private Secretaries were in the Pre-revised scale of Rs 6500-10500. As per the notification dated 13.11.2009, they are placed in the grade pay of Rs 4600/- corresponding to the pre revised scale of Rs 7450-11500. The Post of Administrative Officers and Private Secretaries were in the Group-B(Gazetted) and Inspectors in an Executive Post. The case of Section Officers in the Audit & Accounts Department, who were in the pre-revised scale of Rs 6500-10,500 have been upgraded and placed in the grade pay of Rs 4800/ in Pay Band 2. The decision of the Government to upgrade the Cadre of Section Officers and assigning higher Grade Pay of Rs.4,800/- having disturbed the horizontal relativity has created an anomaly. It is demanded that the Grade Pay of A.Os, P.S and Inspectors in the department of revenue[ Income Tax Department and Customs & Central Excise Department] be revised to Rs.4,800/- in order to remove the anomaly.

(received from ITEF New Delhi)

Item No.3.

Upgradation of Office Superintendents with Grade Pay of Rs 4600/-.

The Post of Office Supdt. in CBDT was created for the purpose of Supervision of the work of entire Ministerial staff and the work connected with personnel matters of all Officers and Staff in the Department. This cadre was the promotional cadre for the Ministerial Staff with the pre-revised scale of pay Rs 5500-9000/-. This has now been merged with the Feeder cadre of Sr. Tax Assistants as recommended by the VI-CPC. The merger has taken place as per the notification issued by the Government on 29.08.2008. The fact remains that this has not only taken away one of the meager chances of promotions to the ministerial cadre, but has also put the administrative functions of the Department in difficulties. The decision of the Government has placed the supervised and Supervisory officials in the same Pay Band and Grade Pay. This is a clear case of anomaly disturbing the vertical relativity hitherto in prevelance in the Department. The Office Superintents are therefore, to be placed in a higher Grade Pay of Rs 4600/-.

(received from ITEF New Delhi)

Item No. 4

Grant Grade pay of Rs 5400- to the Income Tax Officers,

The Income Tax Officers and Superintendents of Excise & Customs in the Department of Revenue were in the pre-revised scale of Rs 7500-12000. Similarly the Audit Officers and Accounts Officers were in the same pre-revised scale. As per the VI-CPC recommendations, the Govt. has upgraded the pay scales of Audit/Accounts Officers in the Audit & Accounts Department and placed them in the Pay Band 2 with grade pay of Rs 5400/-. This has disturbed the existing horizontal parity and relativity. The anomaly needs to be removed by upgrading the Grade Pay of ITOs and assigning them with the Grade Pay of Rs.5,400/-.

(received from ITEF New Delhi)

Item No. 6.

Anomaly in the fixation of pay of Inspectors of Incometax

As per O.M. No. 1/1/2008-IC datd 13th November, 2009, the Government of India, Department of Expenditure orders that all those who were in the pre revised scale of pay of Rs. 6500-10,500 as on 1.1 2006 and which were granted the normal replacement pay structure of grade pay of Rs. 4200 in the pay band PB 2 will be grated grade pay of Rs. 4600 in the pay band PB2 corresponding to the pre revised scale of Rs. 7450-11500 with effect from 1.1. 2006. It was also stated in the said order that the pay of all those who were in the erstwhile pay scale of Rs. 6500-10500 will be fixed again in accordance with illustration 4A annexed to the CCS(RSP) Rules. In the case of the Inspectors of Income tax, who were in the erstwhile scale of payoff Rs. 6500-10500 as on 1.1.2006 but were in receipt of a basic pay of less than Rs. 7450, their pay ought to have been first brought to that level and then only the multiplication factor of 1.86 ought to have applied. This was not one by virtue of which they draw presently less than the pay drawn by the junior inspectors who were recruited after 1.1.2006. The pay fixation was made in the case of Inspectors who were in the rolls of the Department as on 1.1.2006 by simply raising their grade pay from Rs. 4200 to Rs. 4600 This anomaly may be removed by refixing their pay by treating their basic pay in the erstwhile scale of pay at Rs. 7450 instead of Rs. 6500.

(received from ITEF New Delhi)

Item No. 7.

Stepping up of the pay of Senior officials with that of the juniors –Anomaly arising from the implementation of the 6th CPC report.

As per the CCS(RP) Rules, 2008, promulgated to revised the pay of Central Government employees consequent upon the acceptance of the 6th CPC report, the pay of a Government employee is to be fixed by multiplying the existing emoluments by 1.86 plus the grade pay assigned to the post in which he is functioning. It has also been stipulated in the said rules that the pay fixation in the case of the personnel directly recruited in the respective would be made as per the table annexed to the said rules. In other words, the table has indicated the minimum pay a person is entitled in a particular grade or cadre. Such dual fixation of pay has resulted in the Seniors drawing lesser pay than their juniors in the same grade or cadre. The fundamental rules prohibits fixation of pay in any grade or cadre less than the prescribed minimum. In all such cases, the pay of the seniors ought to have fixed on par with what is the prescribed minimum as per the tables annexed to the rules. This was not done as there had been no specific provision to do so in the rules. This being a clear case of anomaly in the fixation of pay, it is required to be removed by issuance of an appropriate orders. In Incometax Department, such anomalies are in various grades in the erstwhile Group D, Stenographers, Tax Assistants, Inspectors, Notice Servers etc. The Railways vide their order in S.No. PC-VI/88 RBE No. 28/2010. PC-VI/88 RBE No. 28/2010 No. PC-VI/2010/I/RSRP/1 dated 17th Februrary, 2010 has addressed the issues and have orders for stepping of pay of Seniors on par with the juniors. Identical orders may please be issued to cover the grades and cadres in Incometax Department.

(received from ITEF New Delhi)

Item No. 8.

Grant of Notional benefit of fixation of pay in the case of Inspectors and Incometax Officers with effect from. 1.1.1996

The Inspectors of Income tax and the Income tax Officers were assigned the pay scale of Rs/ 5500-9000 and 6500-10500 by the V Central Pay Commission. The 5th CPC had recognized the need for maintaining parity in pay scales of Inspectors in the Department of Revenue with the Inspectors in the CBI, IB etc. Since the Government did not accept the recommendations of the 5th CPC whereby the Inspectors of CBI and IB ought to have been placed in the same scale of pay of Rs. 5500-9000, an anomaly arose in as much the ever existing horizontal relativity in the matter of pay scales of these officials was disturbed. The matter was taken up in the anomaly committee set up by the Government after the 5th CPC. This had also been the subject matter of deliberation by a high power committee set up by the Government to got into this grievance of the Inspectors and Income tax Officers. Since the Inspectors of Central Excise, Customs, and Superintendents of Central Excise and Customs were also similarly placed, the need for revision of pay scales of the Inspectors and officers of the Department of Revenue was referred to the said high power committee. On the recommendation of the said committee, the Government ultimately revised their pay scale on par with the Inspectors and Officers of CBI and IB. vide the order of the Department of Expenditure in F.No.6/37/98-IC dated 21.4.2004

In the case of the Officers and officials of the Accounting organizations, viz. IA & AD, Defence Accounts, Postal Accounts, Civil Accounts, Telecom Accounts, Railway Accounts etc. similar decision had been taken by the Government and orders for revising the pay scales of various categories of officials were issued by the Government. In the said order, the pay scales of the officials of the Accounting organizations were however, revised with effect from 1.1.1996, notionally and the arrears were paid with effect from the date of order. In the case of the Inspectors and Officers of the Revenue Department, the order was however given effect to from 21.4.2004. i.e the date of issue of the above cited order. No notional fixation was given to them. The matter was taken up before the 6th CPC. However, the 6th CPC refused to look into this grievance by stating that the Commission as a general rule was considering demands seeking retrospective application of some or other order unless a clear cut and manifest anomaly that cannot be corrected otherwise than through such retrospective revision is made out. (vide Para 7.15..16 of the 6th CPC report) The observation of the 6th CPC is not only untenable but impracticable also. The said observation is known to the Staff side only after the publication of the report. There had thus been no opportunity to present before the Commission the fact that the anomaly could not have been removed except through assigning retrospective effect to the order atleast in the manner provided to the Accounting Officials i.e. by giving notional fixation benefit from 1.1.1996. Since this being an anomaly that has now arisen from the recommendation of the 6th CPC, the anomaly committee now set up for the Ministry of Finance has to look into this matter and take appropriate decision.

The denial of notional benefit of fixation after the revision of the pay scale (taken on the basis of cogent and tenable grounds,) is arbitrary and discriminatory too particularly in the background of grant of such benefit to the Accounting employees who had approached the Government on the same ground as that had been advanced by the staff side of the Departmental Council of the Ministry of Finance. It is, therefore, requested that the Anomaly Committee may kindly consider this demand and recommend to the Government for the notional fixation of pay in the case of Inspectors of Income tax and Income tax Officers with effect from 1.1.1996.

(received from ITEF New Delhi)

Item No. 9

ANOMALY IN THE FIXATION Of GRADE PAY OF INSPECTORS OF CENTRAL EXCISE

Please refer to Boards letter F. No. A-26017/132/2009 – Ad II-A dated 23.11.2009 and Department of Expenditure OM no. 1/1/2008 – IC dated 13.11.2009 whereby the Grade Pay of Inspectors have been up graded with effect from 01.01.2006 to Rs. 4600/- corresponding to the pre-revised pay scale of 7450-11500. The said OM also directs that in terms of Rule 6 of CCS (RP) Rules, 2008 the revised pay of Inspectors in the pre-revised scale of Rs. 6500-10500 who were earlier granted grade pay of Rs. 4200/- and who have already exercised their option for drawal of pay in the revised pay structure will be fixed again in accordance with illustration 4A annexed to CCS (RP) Rules, 2008.

It therefore requires that the pay of an Inspector who was drawing pay in the pay scale of 6500-10500 as on 01.01.2006 at a stage lesser than Rs. 7450/- has to be first upgraded to Rs. 7450/- and then fixed in the revised pay band by multiplying it with 1.86. However, in many Commissionerates where the OM dated 13.1.2009 has been implemented has not done it to the letter and spirit. In those places the Inspectors has been merely granted the higher grade pay of Rs. 4600/- without re-fixing the pay in the pay band in terms of the afore said illustration 4 A. This has also resulted in a anomalous situation where a senior Inspector who was in service prior to 01.01.2006 draws a pay less that an Inspector recruited after 01.01.2006.

In this regard we would like to draw your kind attention to the pay fixation done in the Ministry of Petroleum & Natural Gases vide order no. G-27011/1/2008 – Estt dated 11.01.2010 (copy enclosed) wherein the pay of Assistants who were also similarly up-graded with effect from 01.01.2006 has been fixed at a minimum stage corresponding to pre-revised basic pay of Rs. 7450/-

It is therefore requested to issue appropriate orders to the field formation for fixing the pay of the Inspectors as on 01.01.2006 in pay band at a minimum stage corresponding to pre-revised basic pay of Rs. 7450/-

This will also be applied in the case of those recruited between 1.1.2006 and the date of issue of this Notification. In such cases, where the emoluments in the pre-revised pay scale(s) [i.e., basic pay in the pre-revised pay scale(s) plus Dearness Pay plus Dearness Allowance applicable on the date of joining] exceeds the sum of the pay fixed in the revised pay structure and the applicable dearness allowance thereon, the difference shall be allowed as personal pay to be absorbed in future increments in pay.”

The relevant extract of. Section II of Part A of the First Schedule is also reproduced below.

Section II

Entry Pay in the revised pay structure for direct recruits appointed on or after 1.1.2006

PB-2 (Rs.9300-34800)

Grade pay Pay in the Pay Band Total

4,200 9,300 13,500

4,600 12,540 17,140

4,800 13,350 18,150

It is submitted that the fixation of initial pay in the pay band as stated above in respect of direct recruits who joined service between 01.01.2006 and 30.09.2008 is against the principles enunciated by the 6th Central Pay Commission and hence it constitutes an anomaly that has to be adjudged by the anomaly committee.

The 6th Central Pay Commission recommended a revised pay structure comprising of a pay in pay band along with a grade pay. The grade pay is in the nature of fitment benefit, which in real terms in the increase in salary that accrues to an employee over and above the gross salary drawn in the pre-revised scales. The initial pay of an employee in the pay band of the revised pay structure is arrived at by multiplying his pre-revised basic pay as on 01.01.2006 by 1.86 and this amount represents the pre-revised basis pay plus the dearness pay plus the dearness allowance drawn by him.

In accordance with this principle, the pay of an employee recruited between 01.01.2006 to 30.09.2008, to a post carrying a pre-revised scale of Rs. 6500-200-10500, ought to have been fixed in the pay band as follows.

Date of recruitment Rate of DA on date of recruitment Basic Pay Dearness Pay DA Pay in pay band

Between 01.01.06 & 30.06.06 24% 6500 3250 2340 12090

Between 01.07.06 & 31.12.06 29% 6500 3250 2878 12630

Between 01.01.07 & 30.06.07 35% 6500 3250 3416 13170

Between 01.07.07 & 31.12.07 41% 6500 3250 3998 13750

Between 01.01.08 & 30.06.08 47% 6500 3250 4583 14333

Deviating from the principles enunciated by the pay commission the initial pay of a post 01.01.2006 direct recruit to a cadre carrying a pay scale of Rs. 6500-10500 has been arbitrarily fixed at a stage of Rs. 9300/- in the pay band which corresponds to a pre-revised stage of Rs. 5000/-. Hence a post 01.01.2006 direct recruit to a cadre carrying a pay scale of Rs. 6500-10500 and joined prior to 01.09.2008 has effectively faced a reduction of pay of Rs. 1500/- and he stands discriminated vis-à-vis an employee who joined prior to 01.01.2006.

It is therefore requested that the Anomaly Committee may take action to fix the initial pay of a direct recruit Inspector who joined service between 01.01.2006 and 30.08.2008 as detailed in the table given above.
(Received from All India Central Excise Inspectors Association)

Item No. 10

ANOMALY IN NOT GRANTING THE PAY SCALE OF RS. 6500-10500 TO INSPECTORS OF CENTRAL EXCISE WITH EFFECT FROM 01.01.2006

The pay scale of Inspectors of Central Excise, Customs and Income Tax working under the Central Board of Excise & Customs & the Central Board of Direct taxes were having a historical parity with the pay scales of Inspectors in CBI and IB. However this parity was disturbed in 1986. Even though the 5th Central Pay Commission also recognised the historical parity in pay scales between these cadres, the Government did not set right the anomaly. Hence after the implementation of the 5th Central Pay Commission recommendation, the Inspectors of Central Excise were placed in the pay scale of Rs. 5500-9000 and the Inspectors of CBI and IB in the scale of Rs. 6500-10500.

Consequent to the a long drawn process of negotiation, litigation and struggle, the Government finally placed the Inspectors of Central Excise in pay scale Rs. 6500-10500 vide the Department of Expenditure (Implementing Cell) Office Memorandum F.No.6/37/98-IC dated 21.4.2004. Unfortunately the above grant of replacement scale was made prospectively, thereby taking away the financial benefit that was legitimately due. The financial loss suffered by the Inspectors of Central Excise in Comparison to the Inspectors of CBI/IB would be evident from the following table.

Year Pay of Inspectors in CBI/IB Pay of Inspectors of Central Excise Difference in pay

1996 6500 5500 1000

1998 6700 5675 1025

1999 6900 5850 1050

2000 7100 6025 1075

2001 7300 6200 1100

2001 7500 6375 1125

2002 7700 6550 1150

2003 7900 6725 1175

2004 * 8100 6900 1200

2005 8300 7100 1200

• Pay up graded with effect from 21.04.2004

The rationale for granting the replacement scale of Rs. 6500-10500 to Inspectors in CBEC and CBDT is evident from the following observation made in Government of India, Department of Expenditure File No.6/37/98-IC.II dated 13.6.2004 at Page 54/n.

“To sum up, it may be mentioned that in no two organizations, the assigned duties of comparable posts can be totally identical and so is the case with the Inspectors of CBI, IB, Central Police Organizations, Customs, Income Tax and Central Excise. However, the 3rd, 4th and the 5th Pay Commissions by assigning identical pay scales to the Inspectors of CBI, IB Central Police Organizations, Inspectors of Income Tax, Customs and Central Excise have established the comparable nature of the level of responsibilities assigned to the Inspectors of each of the categories mentioned above. This was also upheld by the Committee set up by the former Finance Minister on this subject as well as in the judgment dated 22.3.2002 of Jabalpur Bench of Central Administrative Tribunal. In view of this, it may perhaps be appropriate if the instant proposal of Department of Revenue to upgrade pay scales of the posts of Income Tax Inspectors and Income Tax Officers to Rs.6500-10500 and Rs.7500-12000 with prospective effect is approved. A similar dispensation will also need to be extended to analogous posts in CBEC as the posts in these to departments have a distinct relativity and have always been on par.”

In spite of the specific finding of the Department of Expenditure that the post of Inspectors in CBEC/CBDT and that in CBI are comparable and have similar responsibilities, the decision to upgrade the pay scale of Inspectors in CBEC/CBDT was erroneously made prospectively. This Association immediately thereafter, took up this anomaly. In the meanwhile, the Government appointed the 6th Central Pay Commission and the issue of granting of upgraded pay scale with effect from 01.01.1996 was referred to the Commission.

The 6th Central Pay Commission gave their recommendation on this issue in Para 7.15.16 of the report as follows:

“A demand has also been made for allowing the scale of Rs.6500–10500 in case of Inspector /equivalent and of Rs.7500–12000 in case of Appraisers/ Superintendents/ Income Tax Officers/ equivalent retrospectively from 1.1.96. The Commission as a general rule, is not considering demands seeking retrospective application of some or other order unless a clear cut and manifest anomaly that can not be corrected other than through such retrospective revision is made out. Such is not the case here. The demand cannot, therefore, be considered”

It is respectfully submitted that the Commission grossly discounted the very reason for up gradation of pay scale for the post of Inspectors in CBEC/CBDT, which is discernible from the notes in Ministry of Expenditure File No.6/37/98-IC.II referred to above.

In view of the notes in Ministry of Expenditure File No.6/37/98-IC.II referred to above, the Inspectors CBEC and CBDT are rightly entitled to draw the upgraded pay from 1.1.96 as in the case of CBI Inspectors and the observations of the Commission that a clear cut and manifest anomaly does not exist is not correct.

It is therefore requested that the Anomaly Committee may take appropriate action to set right the anomaly.

(Received from All India Central Excise Inspectors Association)

ITEM NO. 11

ANOMALY IN THE DATE OF NEXT INCREMENT:

Consequent upon the recommendations of the 6th CPC, all the Government Servants have been given a uniform date of increment – viz. 1st of July. However in the case of an employee whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre-revised pay scale and will get the next increment in the revised pay structure on 1.7.2006 i.e. on expiry of six months. Due to this measure the employees who were having their date of increment between February and June effectively faces a deferment of increment. If any of these employees who were having their date of increment between February and June retire during the period between January and June, they will suffer a loss of one increment perpetually affecting their pension. In this regard it is worth mentioning that postponement of increment is a penalty imposed in furtherance of a disciplinary proceedings and the recommendations of the Commission has effectively penalized the employees whose date of increment fell between February and June without issuance of any charge sheet.

It is therefore requested that the Committee may be pleased to take action to extend the benefit of grant of one increment on 01.01.2006 in the pre-revised scale and the next increment on 01.07.2006 in the revised pay structure to the employees who were having the date of increment between February and June.

Item No. 12

ANOMALY IN THE REVISED PAY STRUCTURE IN PROVIDING THE GRADE PAY OF RS.5400/- IN PB-2 AS WELL AS IN PB-3……….. GRADE PAY OF RS. 5400/- IN P.B- 2 SHOULD BE ABOLISHED.

It is an accepted proposition that an employee when promoted to a higher post involving higher responsibility should get a suitable rise in his salary. It was on this consideration that FR 22 (1) was framed whereby the promotee was first granted an increment in the lower pay scale and then fixed at the appropriate next stage in the higher grade.

Consequent to the recommendations of the 6th C.P.C an employee on promotion would be granted an increase of 3% of the pay in pay band and grade pay and difference in grade pay of the lower post and higher post.

In the case of Inspectors/ Superintendents of C.B.E.C for their fixation on being promoted/ by grant of M.A.C.P from the Grade Pay of Rs. 5400/- he will be granted no change in grade pay, which is against the spirit of the stipulated policy of fixation of pay at the time of promotion.

This Association feels that same grade pay in two Pay Bands is an example of persecution to the employees down the line and a well thought out process to deprive employees from their legitimate require. Therefore, we request for abolition of 5400/- grade pay in PB – 2.

(Received from All India Central Excise Inspectors Association)

Item No. 13

Discrimination on account of placement of Group B executive officers of this department in PB 2 after grant of grade pay of 5400 on non-functional basis.

Group B officers of department of revenue viz Superintendents of Customs, Superintendent of Central Excise, Appraisers of Customs and Income tax Officers are granted grade pay of 5400/- on non functional basis after completion of 4 years of service. Similar benefits have been granted to several other comparable posts in other departments also. However, the officers of this department have been discriminated vis a vis those in other departments in as much as the officers in other departments have been given this benefit in PB 3 whereas the officers of our service are given the same in PB 2.

The officers of DANICS, DANIPS, CSS and those in the IA & AD department have had analogous scales of pay but are granted the benefit in PB3. It would seriously affect the career advancement of the officers of this service.

The horizontal relativity between these cadres has thus been disturbed and needs to be corrected.

(Received from the All India Customs Preventive Service Federation)

Item No. 14

Anomaly in pay of the Inspector (Preventive Officers) of pre 1-1-2006 and those post 1-1-2006- serious anomaly:

Consequent to the upgradation of pay scale of 6500-10500 (pre revised) to 7450-11500 (pre revised) an anomaly has been created whereby the existing officers in the grade of inspectors are put to disadvantage vis a vis their direct recruit colleagues appointed after 1-1-2006. While the direct recruits recruited after 1-1-2006 are placed at band pay of Rs12540, the existing officers are fixed at 1.86 times of the pay drawn by them prior to 1-1-2006. This, in a number of cases works out to lesser than that of newly recruited direct recruit inspectors.

Further, if an officer is promoted to the grade of inspector after 1-1-2006, his fixation is done by giving just one increment and granting him the grade pay of Rs4600/-, which works out to much lesser than the direct recruit officer.

This is a serious anomaly. On one hand, the officers working prior to 1-1-2006 are not given the benefit of upgradation while on the other; the officers recruited through two different modes (DR & Promotee) are fixed at different pay bands whereas their job and responsibility remains the same. The anomaly needs to be corrected in such a way that an officer is fixed on the pay as prescribed under rule 7 (1) of the CCS (Revised pay) Rules 2008 or at band pay of Rs12540/- which ever is higher.

(Received from the All India Customs Preventive Service Federation)

Item No.15

Granting Grade Pay Rs. 4800/- to the Administrative Officer(Group ‘B’ Gazetted) of CBEC :

The demand for granting Grade Pay Rs.4800/- towards the Administrative Officer of CBEC is very much legitimate as the 6th Pay Commission in its para 7.15.14(Copy emclosed- A) recommended parity between Head Quarters Organisations and the field offices. In this respect it may be mentioned here that parity existed, in respect of pay scales, with the Section Officer of CBEC Head Quarter and Administrative Officer of it’s Field Offices. It is known fact that on 21-04-2004(Copy enclosed-A1) the pay of Inspector of CBEC (staff of field offices) was hiked as a result the pay of Assistant was also hiked to bring the pay parity though there is no job parity of Assistant of Secretariat and Inspectors of Field Offices. It may not be out of context to mention here that the Stenographers of CSS hiked their pay scale by citing Inspector CBEC (Copy enclosed-A2). Again, the theory of job parity has been deliberately violated. On the other hand there is very much job parity has been existed in between Administrative Officer with other Group ‘B’ Officers existing in the CBEC field offices as well as Section Officer in the Head Quarter Organization. The Administrative Officers directly involve with revenue related job when they are posted in the Department such as Appraising, MCD, Draw Back, Import noting, Dock and Air Cargo Complex etc. At the same time they are doing normal administrative job such as D.D.O.s etc.. The Sanctioned Strength of Administrative Officer under Customs filed formation is 149 out of which only 18 posts are earmarked for the job of DDO and the rest posts are involved with Revenue related job. Further more, in the CBEC the lower most cadre in the ministerial hierarchy is Tax Assistant and above is Senior Tax assistant whereas in other Ministry the lower most cadre is Lower Division Clerk and above is Upper Division Clerk, that is why the Administrative Officer in CBEC should not be equated with other Administrative Officer in other department. In other words the Administrative Officers of CBEC is not a common cadre. As a result the Administrative Officers of CBEC have not been restructured as Administrative Officer-I, II & III like other Offices as recommended by the 5th CPC.

The parity in respect of pay has been restored in other offices (Part-‘C’ of CCS RP Rules,2008) though there is no direct job parity with Section Officer of the CSS for example the Superintendent of Posts, Dy. Manager of Mail Motor Service vide para 7.6.14(Copy enclosed-A3); Assistant Director in serious Fraud Investigation Organization (vide para 7.8.10)(Copy enclosed-A4), Assistant Directors in ISTM(vide Para 7.32.16)(Copy enclosed-A5). In this respect it may be mentioned here that the recommendation of 6th CPC in respect of Administrative Officer in para 7.15.14 is justified and should be implemented without further delay to restore historical parity with Section Officer & other Group ‘B’ Gazetted Officer working in the field formation of CBEC.

(Received from the All India Customs Ministerial Employees Federation.)

Item No. 16

GRANTING GRADE PAY OF Rs.4600/- TO THE DY. OFFICE SUPERINTENDENT:

Pay anomalies between D.O.S. and Inspector (E.O.& P.O.) was created when pay scale of Inspector (E.O.& P.O.) was hiked to the pay scale of Rs.6500/- - Rs.10500/- from the pay scale of Rs.5500/- - Rs.9000/- w.e.f. 21.04.2004 (despite the adverse recommendation of the 5th CPC). In this regard the 6th CPC viewed in Para 7.15.13 & 7.15.15. that the anomalies in the pay scales of Inspector of Customs (Preventive Officer & Examiner) with the Dy. Office Superintendent as the pay scale of the Inspector was hiked since 2004 leaving behind the pay scale of Dy. Office Superintendent. Naturally the 6th Pay Commission has waved this pay anomaly between the cadre of Inspector of Customs and Dy. Office Superintendent by merging of three pay scales Rs.6500/- -Rs.10500/-, Rs5500/- - Rs9000/- and Rs.5000/- - Rs.8000/- in a one pre-revised pay scale of Rs.6500/- Rs.10500/-.

However the Expenditure in an order dated 13-11-2009 dispense a Grade Pay of Rs. 4600/- to the Inspector of CBEC leaving behind the cadre of Dy. Office Superintendent which was at par from the inception of the above cadres. This created anomally and the same was pointed out by this Federation which have been admitted by the CBEC( vide letter dated 30-11-2007)(copy enclosed-A6) and the 6th CPC and subsequently rectified by the 6th CPC as mention in the para 2.2.19, 7.15.13 and 7.15.15 (Copy enclosed).

It is needless to mention here that this type of one sided view,i.e.granting Grade Pay Rs.4,600/- in the Pay Band 9,300-34800(pre-revised scale 7,450/- - 11,500/-)to the Inspector( P.O. & E.O)of CBEC keeping aside Dy. Office Supdt. has been disturbed the horizontal and vertical relativity in the cadre structure of the CBEC Department which is bringing frustration and demoralizing effect amongst the DY. Office Superintendent(supervisory cadre). To remove the anomaly and frustration from the mind of the DY. Office Superintendent(supervisory cadre) it is requested to allow grade pay of Rs. 4600/- to the D.O.S.(at per with Inspector, if granted ) of Revenue Department otherwise the recommendation of the 5th CPC as well as 6th CPC will be infructuous.

The administrative hierarchy of Ministerial Staff under CBEC field formation is as follows: -

Senior Tax Assistant (S.T.A.) is the feeder cadre of Deputy Office Superintendent (D.O.S.) and Deputy Office Superintendent is the feeder cadre of Administrative Officer (A.O. Group `B` gazetted). Naturally D.O.S. writes the Annual confidential report of S.T.A. and A.O. writes the ACR of D.O.S. So, it is not at all possible to dispense one grade pay to the above-mentioned different categories of staff and at the same time it is also not possible to merge above-mentioned cadres depending upon the ground reality in the basic field formation.

The 6th Pay Commission admitted in para 2.2.19(vii), 7.15.13, 7.15.14 and 7.15.15 that a large number of anomalies were created due to up gradation of pay scales of Inspector and Superintendent/Appraiser in CBEC/CBDT. So, it is an impractical proposition to set right the grade pay by ignoring cadre structure and horizontal relativity prior to 21.4.2004.

(Received from the All India Customs Ministerial Employees Federation.)

Item No. 17

Superintendent/ District Opium Officer of CBN and its analogous posts in Central Excise& Customs, DRI, ITO, NCB,ED have been placed in the identical pay scale of Rs.9300-34800+GP48 in PB-2 w.e.f.1.1.2006 considering their pre-revised pay scale of Rs.7500-12000 and after 4 years in the grade of Rs.8000-13500 (Pre-revised ) +GP5400in PB-2

Since the 5th CPC did the blunder and created disparity in pay scale for the first time amongst them and recommended pay scale of Rs.6500-10500 to the similarly placed officers of CBN, C.Excise, IT and recommended pay scale of Rs.7500-12000 to the ED, NCB, CBI etc and thus horizontal and vertical relativities were disturbed. However, it was rectified and anomaly was partially removed from 21.4.04 and not from 1.1.96. As the said anomaly has not been properly examined and removed, there have been created vast difference in drawing pay as on 1.1.2006 amongst such officers. It has to be removed and such officers be placed in the pre revised pay scale of 7500-12000 w.e.f. 1.1.96. Further, they are also needed to be placed in the pay scale of 8000-13500 (pre revised) after 4years with GP of 5400 in PB-3 instead of PB-2 as already recommended to the Group 'B' officers belonging to DANICS and DANIPS, SO/PS of CCS&CSSS and AOs &Senior AOs of IA&AD and Railways considering their equal status in terms of pay and post prior to the recommendation of 6th CPC and more so considering arduous/onerous duties being performed by such officers.

(Item received from the All India Narcotics Executive Officers Association)

Item No. 18

Inspector of CBN have been placed at per with similarly placed/analogous posts in Central Excise& Customs, DRI, ITO, NCB,ED w.e.f 1.1.2006 in the pre revised pay scale of Rs.6500-10500 as a result anomalies in drawing pay scale to that contemporaries in such organizations have not been removed.

The 6th CPC has realized that CBN Inspectors had been irrationally discriminated by the 5th CPC. The said 5th CPC had also disagreed with recommendation of 4th CPC considering the arduous/onerous nature of job and other parameters as well and recommended pre-revised pay scale of Rs.1600-2660 but declined to recommend the pay scale of Rs.1640-2900 which was made for the others based on flimsy ground which have not been accepted by the 6th CPC as recommended vide para 7.15.20 in its report. As a result of such an anomalous situation so created since 4th CPC, the CBN Inspectors have had been drawing much less pay than their contemporaries. This has created a great humiliation amongst even the grade of Superintendent of CBN who are drawing much less pay than their junior Superintendent of Central Excise& Customs/DRI etc who are having common All India seniority of group B executive officers being issued by the CBEC time to time. Considering this horrible situation CBN Inspectors need to be placed retrospectively in the pay scale of Rs.1640-2900 from 1.1.86 and Rs.5500-9000 from 1.1.1996 and 6500-10500 from 21.4.04 so as to maintain horizontal and vertical relativities in the pay scale in light and spirit of the recommendation of the 6th CPC in para 7.15.16 wherein it has viewed that 'as a general rule, is not considering demands seeking retrospective application of some or other order unless a clear cut and manifest anomaly that cannot be corrected other than through such retrospective revision is made out'.

Since the 6th CPC has recommended parity of CBN Inspector on par with Inspector(Central Excise),and have been placed in the pay scale of Rs.9300-34800+GP-4200 in PB-2, they are needed to be placed in the grade pay of Rs.4600/- as further been enhanced vide order dated 13.11.2009 to C.Ex/Customs in order to maintain pay parity as well as relativity in pay scale amongst them in terms of 6th CPC recommendation.

(Item received from the All India Narcotics Executive Officers Association)

Item No. 19

Neither the 6th CPC nor the Govt. has evaluated the Sub-Inspector of CBN and have been placed in such an abnormal pay scale which is not at all pay scale of such officers existing any of the law enforcement agencies.

Sub-Inspectors of CBN are also uniformed officers, well trained in the use of arms and ammunition and are responsible for enforcing the NDPS Act and Rules. Considering the arduous nature of duty and peculiar working condition, the pay of Sub Inspector should have been brought at par with that of the Sub Inspectors of the CPOs or any enforcement organisation where this post exists in order to maintain horizontal and vertical relativities.

A study of the 6th CPC's recommendations for the Sub Inspectors of CBN vis-à-vis that for other executive cadre posts (in CBN/CBEC etc.) reveals how unfairly the Sub Inspectors of CBN have been treated:

The 6th CPC states that, "….posts in ministerial cadres cannot claim any relativity with those in the executive cadre as the functions are different. Mere fact of two posts being in the same pay sale cannot be a ground for establishing relativity".

The Commission however, contradicts its own recommendations while considering the pay scale of the Sub Inspector (executive) of CBN and UDC/Steno (ministerial) by stating that placing Sub Inspectors in a higher pay scale (PB-2) will disturb this "relativity". The commission unjustifiably preferred to deny the Sub Inspectors their due justice of parity in pay scale with that of Sub Inspectors of CPOs, completely ignoring the concept of the risky nature of work.

The 6th CPC has clarified that difference in the recruitment method by itself CANNOT be a ground to deny parity in pay scale to the Inspectors of CBN with that of their counterparts in Central Excise. Whereas, it has contradicted its own observations while examining the issue of pay scales of Sub Inspectors of CBN.

The CPC has denied them parity with the CPOs on the mode of future promotion (which is equitable with recruitment to the post of Inspectors) on the pretext of 'disturbance in relativity' of pay scales of their co-feeder cadre (UDC/Steno) for promotion to the post of Inspector. The 6th CPC could have recommended for the merger of Sub Inspector with that of the Inspector in CBN considering the fact that the matter of abolition of post of SI in CBN to bring about the structural parity in CBEC / Dept. of Revenue as a whole are pending since long; this being a part of the cadre review proposal. Whereas at the same time, the commission has recommended similar action of merging, amalgamation and upgradation of posts (feeder and promotional) in various departments such as Ministry of food processing industries and department of fisheries (Ref. para 7.57, 47, and 7.16.4 of 6th CPCs report) and also enhancements of pay for Sr. Forest Ranger and Survey of India (Ref. para 7.57.7 and 7.57.81)

Since 4th CPC had also caused injustice and placed the Sub Inspector of CBN at a pay scale of 1200-1800 which was not at par with the appropriate designation in any department. 5th CPC although realised and recommended pre-revised scale of 1320-2040, this was also again incompatible with the post. The Sub Inspector of CBN deserved to be placed in the pay scale of 1400-2300 wef 1.1.1986 and 5500-9000 wef 1.1.1996 and should be re-considered and placed in the scale of 9300-34800+ GP4200 in PB2. As a result of 6th CPC's recommendations, now, the Sub Inspector of CBN is the only Sub Inspector in any enforcement agency in the country placed irrationally in the PB1.

Hence, we demand that the Sub Inspectors of CBN should be placed in the same pay scale of their counterpart with retrospective effect in light and spirit of the recommendation of the 6th CPC in para 7.15.16 wherein it has viewed that 'as a general rule, is not considering demands seeking retrospective application of some or other order unless a clear cut and manifest anomaly that cannot be corrected other than through such retrospective revision is made out'. Alternatively, the committee may also consider abolition of SI posts in CBN as already proposed by the department in the cadre review proposal which is pending since 1997.

(Item received from the All India Narcotics Executive Officers Association)

Item No. 20

To revise the pay scales( Pay band and Grade Pay) of Sepoys of Customs and Central Excise Department on par with sepoys in the Central Para Military forces and appropriate higher Pay Band and Grade Pay for Havaldars and Head Havaldars to remove the anomaly created by the 6th CPC

The CBEC, New Delhi entertains Sepoys, Havaldars and Head Havaldars in its both wings of Customs and Central Excise. They are about 13,000 in number. The nature of their duties, responsibilities discharged by them and risk and hazard involved in performance of their prescribed duties can not be equated with other Group “D” employees in the CBEC which are essentially non-field duties and without any responsibility and risk. Yet, these categories of employees in the CBEC are treated as Group “D” employees and being given a slightly higher pay. In accordance with the accepted recommendation of the 6th CPC, GROUP “D” posts in Central Govt. Departments are being abolished and the existing incumbents are treated as Group “C” employees. However, this change of status does not do justice to the Sepoys, Havaldars and Head Havaldars in the CBEC for reasons which will be stated subsequently in this annexure. Consequently a grave anomaly has arisen in respect of determination of the pay and status not only by the Govt. accepted recommendations of the 6th CPC but also by the same in respect of earlier Central Pay Commissions. The anomaly in question is within the definition of anomaly vis-à-vis the definition given by the Govt. of India in the year 2008 and also which was given in the year 1997 after the recommendation of the 5th Central Pay Commission. The peculiarity of this anomaly is that the full complement of Sepoys, Havaldars and Head Havaldars are involved and therefore required to be removed immediately. The Departmental Anomaly Committee it is hoped will address itself to this task and do the needful in the matter.

2. Duties of Sepoys, Havaldars and Head Havaldars- The duties performed by the entire cadre (i.e. consisting of Sepoys and Havaldars under the CBEC are mainly of their active participation and involvement in the anti-smuggling, anti-evasion operations and other policing activities, such as , patrolling, maintaining surveillance in the vulnerable coastal area (on the sea and river side) and international land border, such as, Indo-Pak, Indo-China, Indo-Nepal, Indo-Bhutan etc. Illustrative list of duties of Sepoys and Havaldar in the Customs and Central Excise Departments has been given in Ministry’s F. No. A-11019/31/89-Ad.IV dated 27.12.1989 and F. No. B-12014/6/90- Ad. IV dated 15.03.1991 (copy enclosed). After 1993 Bombay blast, the Department intensified surveillance in the international border, coastal areas etc. and introduced new tasks, such as, joint sea patrolling in which the participation of these officers is such strenuous assignment, has further increased and their services are best utilized in the interest and security of the Nation. Also, after 1994, another area of work has got added to their duties and work list, i.e. their active participation and involvement in day-to-day work relating to the Service Tax Law, where the duties attended include, amongst others, assisting Customs and Central Excise officers in field surveys, searches, raids and other follow-up action.

Sepoys, Havaldars and Head Havaldars perform 80% field duties and 20% indoor duties on a rotational basis. They perform the field duties as a team with other officers of the CBEC.

They render service in uniform unlike other Group “D” employees in the CBEC.

3. The other Group “D” employees in the CBEC like Peons, Notice-Servers, Malis, Farash, Sweepers etc. perform only routine type of work. Sepoys etc. have to undertake risky and hazardous job like, i) Arm duties while guarding the warehouses where detained or confiscated good are stored, ii) Patrolling and escort duty, iii) Customs Bottle Seal duty, iv) Assistance in searches and raids. v) Gold escort duty. vi) Serve Notices on issue of Summons. They also being personnel of a uniform service, participate in parades and salute on days of National importance like 26th, Jan, 15th August etc.

4. The Sepoys and Havaldars are given arms training to handle various types of weapons in anti-smuggling and anti-evasion duties effectively.

5. The records show that in umpteen numbers of cases Sepoys and Havaldars like many other officers have earned outstanding rewards for their outstanding performance and dedication to their service. The names of the Sepoys and Havaldars also figure even amongst the officers selected for Presidential Award/ appreciation.

6. There have been several instances where these officers face encounters with smugglers/ tax-evaders and in some of such occasions, they have laid down their lives showing extra ordinary valour and dedication to the duty. Naming the Road/Chowk near New Custom House, Mumbai after Jamadar Bapu Laxman is a telling example of the glorious memory of late Jamadar Bapu Laxman who sacrificed his life while performing Customs duty. Incidentally it is on record that Jamadar Bapu Laxman was awarded Presidential Award twice for his outstanding services, once during his life time while in service and then posthumously when he was killed while performing duties.

7. All India Group “D” Officers’ Federation have been pursuing the CBEC, New Delhi and Ministry of Finance to recognize the arduous, risky and hazardous nature of duties, highlighting their service in uniform to grant the status of Constables in the different formations of Central Police Organisations with the pay awarded to such categories of Govt. employees. The Federation submitted Memorandum to the 5th Central Pay Commission and also the 6th Central Pay Commission giving justification for grant of Constabulary status with commensurate pay. It is a matter of deep regret that the Central Pay Commissions did not do justice to this demand even when the justification was explained before them in oral evidence. Thus the entire cadre of Sepoys, Havaldars and Head Havaldars are being deprived of their due pay and status for years together.

8. The 6th Central Pay Commission in para 7.15.18 of its report has refered that “ historically, parity has existed between the posts of Constables in CPO and Notice-Server.” It may not be out of place to submit here that if parity of Notice Server (who never undergoes arms training, weapon handling in field, active involvement in the risky anti-smuggling operations etc. as done by the Sepoys, Havaldars and Head Havaldars in Customs and Central Excise), is recognized in such categorical terms, with the Constables in CPO, there is all the more justification in the demand of Constabulary status to Sepoys Havaldars and Head Havaldar. As a matter of fact, their duties, responsibilities and actual performance put their case in much strong footing for acceptance of their proposal for upgrading the status of the whole cadre.

Thus an anomaly has arisen within the Revenue Department, which requires to be removed.

9. It has been learnt that the Central Board of Excise and Customs also recommended grant of status of Constables with parity of pay in respect of Sepoys, Havaldars and Head Havaldars to the Govt. after submission of the recommendations of the 6th Central Pay Commission.

10. In the minutes of the meeting/interaction of the Chairman, CBEC with All India Customs Group “D” Officers’ Federation issued under F. No. B-12017/28/2008-Ad.IV.A dated 7.10.08 it was decided to take up the issue with the Department of Expenditure, Ministry of Finance vide Xerox copy enclosed.

11. From the above narration it may be seen that both the Federations and the CBEC have agreed that an anomaly in respect of determination of pay and status of Sepoys, Havaldars and Head Havaldars exist.

12. There has been another anomaly in the grade pay of Sepoys, Havaldars and Head Havaldars. The 6th Central Pay Commission introduced grant of grade pay on the principle that a senior post is given a higher grade pay. Therefore grade pay indicates status of an employee and degree of his responsibility. But in the case of Sepoys, Havaldars and Head Havaldars their has been a departure from this principle. Sepoys are given Rs. 1800/- as grade pay. Havaldars also discharging higher responsibility are given the same grade pay. The grade pay of Head Havaldars is Rs. 1900/- which is also not commensurate with the degree of their responsibility. This anomaly requires to be removed immediately.

For the elaborate reasons enumerated above, it is requested that the Pay Band and Grade Pay of Sepoys in the Customs and Central Excise Departments under the CBEC (Department of Revenue) be revised on par with the Pay band and Grade pay assigned to the Sepoys (constables) in the Central Para Military forces of the Government of India.

(Item received from the All India Custom Group D Officers Federation and the All India Custom and Central Excise Group D Officers Federation)

Item No. 21

Upgradation of the pay band and grade Pay of posts and grades of the Marine cadres in the customs and central excise formations in theCBEC

There are various posts in the marine cadre, which constitutes a small part of the Customs & Central Excise staff formations. While fixing the posts in various pay scales during the Vth Pay Commission, the feeder post and the higher post were placed in the same pay scale thereby leading to denial of financial benefits. This fixation has also led to anomaly in granting of ACP.

From the above illustration it can be seen that SUKHANI and LAUNCH MECHANIC, which are feeder cadres to TINDAL and ENGINE DRIVER, have been granted the same basic pay in the Vth Pay Commission and same grade pay in the VIth Pay Commission. This glaring anomaly has led to financial loss for the staff. The motivational financial ACP or MACP will not accrue any benefit to the staff in the post of SUKHANI and TINDAL Hence this anomaly has to be rectified immediately and benefit granted w.e.f.01.01.1996 viz., the date from which Vth Pay Commission was implemented.

The suggestion put forth is that the pay scale of TINDAL and ENGINE DRIVER may be upgraded to pay scale Rs.4500-125-8000 w.e.f. 01.01.96 and in the grade pay of Rs.2800/- w,e,f, 01.01.2006. While doing so it is pertinent to mention that when the pay scale and grade pay of TINDAL AND ENGINE DRIVER is upgraded a similar position of equal pay will arise in the higher post of ‘ENGINEER MATE’. In order to avoid the repetition of the anomaly it is kindly suggested that the pay of ENGINEER MATE might also be upgraded to the pay scale of Rs.6500-200-10500 w.e.f. 01.01.1996 and in the grade pay of Rs.4200/- w.e.f. 01.01.2006.

(Received from the Marine Staff of the Customs and Central Excise Department)

Item No. 22

Removal of anomaly in the assignment of Grade Pay and Pay Band in the case of Administrative officers, Gr, III, II and I, Private Secretaries , Sr.Private Secretaries and PPS in the Offices under the CBEC, CBDT and other subordinate and attached offices under the Department of Revenue

In para 3.1.1 to 3.1.15, the 6th Central Pay Commission has dealt with the H.Qrs Organisations in Government of India and Office staff in field offices. In its final recommentaion, it has recommended for establishing the principle of parity between field and Sectt. Offices. Accordingly it has recommended that the Private Secretaries and Administrative Officers in the filed formations must be assigned with the pay band and grade pay on par with what is granted to the similarly placed officials of the Central Secretariat. In the Central Secretariat, the Private Secretaries are granted the grade pay of Rs. 4800 (5400 after completion of 4 years), Principal Private Secretaries with grade pay of Rs. 6600 and the Senior PPS with grade pay of Rs. 7600. The Commission had also recommended that 15% of the PPS and Sr. PPS posts in both Central Sectt. and analogous stenographers’ cadres in non participating Ministries/Departments/organistions to be upgraded as Principal Staff Officer. Despite the said recommendations, the Private Secretaries in the field formations in the Department of Revenue are placed in the grade pay of Rs. 4600 and the Senior Private Secretaries are in the grade pay of Rs. 4800 (to be assigned 5400 after 4 years) with the result the principle enunciated is not reflected while the same has been ultimately implemented. This is also the case with the Administrative Officers, Grade III, Grade II in the field formations. The Administrative Officers, Gr. III being the section head ought to have been on par with the Section officers of the Central Secretariat (i.e in the grade pay of Rs. 4800 to be assigned with grade pay of Rs. 5400 after 4 years) and the Administrative Officers, Gr. II with the grade pay of Rs. 6600 and Administrative officers, Gr. I (wherever it exists) with grade pay of Rs. 7600. In the field formations of the Department of Revenue, the Chief Commissioners and Director Generals are equivalent positions of Additional Secretaries of the Govt. of India. Similarly, the Commissioners and Directors are equivalent level officer of the Joint Secretary to the Government of India. The Private Secretaries in the Central Secretariat attached with the Officers of the Joint Secretary level officers are in the grade pay of Rs. 4800 and Sr. PPS working with the officers of the rank of Additional Secretary are in the grade pay of Rs. 6600. Since this is a clear case of anomaly as the principle enunciated by the 6th CPC has not been implemented in the field formations of the Department of Revenue, it is requested that the Private Secretaries who are to work under the Commissioner level officers must be assigned the grade pay of Rs 4800 as also for the Administrative officers Gr.III.( with the stipulation that they will be assigned the grade pay of Rs. 5400 on completion of 4 years) The Senior Private Secretaries who are to function under the officers of the level of Chief Commissioners/Director Generals are to be assigned with the grade pay of Rs. 6600. The Administrative officers, Grade II are thus to be assigned the same grade pay of Rs. 6600 being the next promotional avenue and the Administrative officers, Gr. I in the grade pay of Rs. 7600 in order to remove the anomaly in the assignment of PB and grade pay in the case of Private secretaries, Principal Private Secretaries, Administrative officers, Gr. III, II and I to abide by the principle propounded by the 6th CPC itself.

(Received fro m iITEF)

Item No. 23.

Removal of anomaly in the assignment of pay band and grade pay in the case of Inspecting Officers and superintendents in the office of the Competent Authority, SAFEMFOPA.

This item is placed on behalf of Inspecting Officers and Superintendents working in the offices of the Competent Authority, SAFEM (FOP) & NDPS Acts at Chennai, Delhi, Kolkata and Mumbai. The Inspecting Officers and Superintendents in these offices are appointed on deputation basis for a fixed tenure of three years from the analogous cadres of Central Board of Excise & Customs (CBEC) and Central Board of Direct Taxes (CBDT) as the functional duties are of similar nature. Accordingly, the recruitment rules framed for appointment of officers in this organization keep them at par with cadres of Superintendent in the CBEC and Income Tax Officer in CBDT. Similarly the parity in the pay scale was also maintained since beginning.

The pay scale of Inspecting Officers and the Superintendent in this organization was similar to those of the Superintendent and Income Tax Officer in the CBEC and CBDT respectively till the Fifth Pay Commission. The pay scale of Inspecting Officer and Superintendent in this Organisation was Rs.6500-200-10500 which was also the pay scale of Superintendent in CBEC and Income Tax Officer in CBDT till 21.04.2004. After 21.04.2004, the pay scale of Superintendent in CBEC and Income Tax Officer in CBDT was upgraded to 7500-250-12000 by their respective Boards.

Similarly in respect of other corresponding organizations viz. Narcotics Control Bureau, Directorate of Enforcement, Directorate of Revenue Intelligence etc. where officers are appointed on deputation basis from the analogous cadres of CBEC and CBDT got similar up-gradation in their pay scales simultaneously. But no such up-gradation in the pay scales was done for the Inspecting Officers and Superintendents working in the Offices of the Competent Authority, although all these organizations come under the administrative control of same Department of Revenue under Ministry of Finance and the functional duties in these organizations are also of similar nature, namely, aiding in the enforcement of tax laws. Thus after 21.04.2004 an anomaly in the pay scale has been created in respect of the Inspecting officers and Superintendents working in the Offices of the Competent Authority. This anomaly still persists as it was neither addressed in the Sixth Pay Commission nor in the Central Civil Services (Revised Pay Rules 2008) by the Central Government while accepting the recommendations of the 6th Pay Commission.

Accordingly there is an ambiguity in the Grade Pay to be given to these officers and if it is fixed according to the old pay scale as mentioned above, it will be reduced to the level of grade pay of the Inspector in CBEC and CBDT who are Group ‘C’ Non Gazetted Officers . This is grossly unfair and unjustified when the Inspecting officer and the Superintendent in this organization has been placed at par with the Superintendent in CBEC and the Income Tax Officer in CBDT under the Recruitment Rules.

Hence, It is requested that the Inspecting Officers and Superintendents be assigned the grade pay of Rs. 4800 (with a stipulation that the same would be raised to Rs. 5400/- on completion of 4 years of service) respectively on par with the similarly placed officers of the CBDT and CBEC.

(Received from the All India association of Gr. B. Officers in Competent Authority offices)

Item No. 24.

Removal of anomaly in the assignment of pay band and grade pay in the case of Inspectors in the office of the Competent Authority, SAFEMFOPA.

This representation is placed on behalf of the Group ‘C’ Non-Gazetted Officers in the rank of Inspectors working in the offices of the Competent Authority, SAFEM (FOP) & NDPS Acts at Chennai, Delhi, Kolkata and Mumbai. The Inspectors in these offices are appointed on deputation basis for a fixed tenure of three years from the analogous cadres of Central Board of Excise & Customs (CBEC) and Central Board of Direct Taxes (CBDT) as the functional duties are of similar nature. Accordingly, the recruitment rules framed for appointment of Inspector in this organization keep them at par with cadres of Inspector in the CBEC and CBDT respectively. Similarly the parity in the pay scale was also maintained since beginning.

The pay scale of Inspector in this organization was similar to that of Inspector in the CBEC and CBDT respectively till the Fifth Pay Commission. The pay scale of Inspector in this Organisation was Rs.5500-175- 9000 which was also the pay scale of Inspector in CBEC and CBDT till 21.04.2004. After 21.04.2004, the pay scale of Inspector in CBEC and CBDT was upgraded to 6500-200-10500 by their respective Boards.

Similarly in respect of other corresponding organizations viz. Narcotics Control Bureau, Directorate of Enforcement, Directorate of Revenue Intelligence etc. where Inspectors are appointed on deputation basis from the analogous cadres of CBEC and CBDT got similar up-gradation in their pay scales simultaneously. But no such up-gradation in the pay scales was done for the Inspectors working in the Offices of the Competent Authority, although all these organizations come under the administrative control of same Department of Revenue under Ministry of Finance and functional duties in these organizations are also of similar nature, namely, aiding in the enforcement of tax laws. Thus after 21.04.2004 an anomaly in the pay scale has been created in respect of the Inspectors working in the Offices of the Competent Authority. This anomaly still persists as it was neither addressed in the 6th Pay Commission nor in the Central Civil Services (revised pay) Rules 2008 by the Central Government while accepting the recommendations of the Pay Commission addressed in the Sixth Pay Commission.

Accordingly there is an ambiguity in the Grade Pay to be given to the Inspector in this organization and if it is fixed according to the old pay scale as mentioned above, it will be reduced below the level of grade pay granted to the Inspector in CBEC and CBDT. This is grossly unfair and unjustified when the functions and duties assigned to the Inspectors in this organization had been at par and continue to be so as there had been no change in the duty list of the inspectors either in the Central Excise or in the Income tax Department to justify revision of pay scale only in their case. Especially in the background that the Inspectors of Incometax and Central Excise and Custom are entitled to be deployed to the office of the Competent Authority on deputation basis, the anomaly in the assignment of a lower grade pay would be glaring.

Since the assignment of a lower grade pay has disrupted the horizontal and vertical relativities all along in existence, it is requested that the same may please be addressed by assigning the grade pay of Rs. 4600 to the Inspectors in the office of the Competent Authority.

(Received from the Competent authority employees federation)

Item No. 25

Grant of Grade Pay of Rs. 4200/- to Accountants of Civil Accounts Organization

After implementation of V CPC recommendations, Government of India had taken a decision and upgraded the Pay Scale of Accountants/Auditors to 4500-7000 only notionally with effect from 01.01.1996 and actually with effect from 19.02.2003.

The VI CPC, conceding the principle of parity between Field and Secretariat office, has given the following existing and revised structure in Field Organization vide Table below Para 3.1.14 of VI CPC Report:
The term “Equivalent” means to include Accountants/Auditors in the field offices of Organized Accounts including IA&AD. This is inferred also from the fact that nowhere else the VI CPC has recommended the revised Pay Band and Grade Pay for Accountants.

In the light of these submissions, it is requested that Accountants are to be granted the Grade Pay of 4200 in PB-2 and not Grade Pay of 2800 in PB-1 because the categories of officials mentioned in the 1st column of the above referred table and at last the parity in Pay Scale with that of Assistants of CSS has been recognized and extended by the VI CPC to Auditors/Accountants.

Item No. 26

Grant of Grade Pay of Rs. 4600/- to Senior Accountants of Civil Accounts Organization

The demand for upgradation of Pay Scales of Auditors/Accountants to bring it at par with the Pay Scale of Assistants of CSS had been presented by their Associations before all the Central Pay Commissions.

Government had granted the Pay Scale of 5500-9000 notionally with effect from 01.01.1996 and actually from 19.02.2003 thus removing this disparity atleast notionally from 01.01.1996.

Afterwards just before the setting up of VI CPC, Government in DOPT in their order vide OM 20/29/2006-CS.III date September 25, 2006 further upgraded the pay scale of Assistant to 6500-10500 (which was assigned to their supervisor ie Section Officer) with effect from 15.09.2006. The VI CPC in Para 3.15 had observed that “this upgradation apart from increasing the existing gap between the similarly designated posts (posts clubbed together by IV CPC) in the Secretariat and field offices, has also led to a piquant situation where the feeder posts of Assistant and the promotion post of Section Officer have come to lie in an identical Pay Scale”.

In Para 3.1.3, the VI CPC argued against anomaly in the Pay Scales in the CSS and the field offices and emphatically recommended that “the time has come to grant parity between similarly placed personnel employed in field offices and in the Secretariat” and further that “this parity will need to be absolute till the grade of Assistant”. No reason however has been given why beyond this “it may not be possible or even justifiable to grant complete parity except that the hierarchy and progression will need to be different…taking in view the functional considerations and relativities across the board”.

At the time of implementing the VI CPC recommendations, Government had granted Grade Pay of Rs.4200/- to Assistants of CSS and Sr. Accountants/Sr. Auditors.

Here it may be observed that the latest upgradation of the Assistant pay scale ie PB-2 Grade Pay 4600 is not based on any recommendations of VI CPC.

It is therefore emphatically urged that the same PB-2 Grade Pay of 4600 should be granted to Senior Accountants with effect from 01.01.2006 so that this anomaly in the Pay Scale of Assistants of CSS and Senior Auditors/Accountants of IA&AD and Organized Accounts Departments is not re-introduced as had been done earlier in the year 1990 and 2006.

Item No. 27

Grant of Grade Pay of Rs. 4800/- and 5400/- on completion of 4 years to Private Secretaries of Civil Accounts Organization

In the Civil Accounts Organization, Private Secretaries were in the pre-revised scale of Rs.6500 -10500. As per O.M. of the Ministry dated 13-11-2009, they were placed in the grade pay of Rs.4600/- corresponding to the pre-revised scale of Rs.7450-11500. The posts of Private Secretaries were Group –B Gazetted where as Junior Accounts Officers were non-gazetted Group-B in the pre-revised scale of Rs.6500 -10500. While the Junior Accounts Officers have been upgraded and granted Grade pay of Rs. 4800, the posts of Private Secretaries have been placed one stage below. This anomaly may be removed by granting Grade pay of Rs. 4800 and 5400 on completion of 4 years to Private Secretaries.

Item No. 28

Grant of PB 3 with grade pay of 5400/- after 5 years to Assistant Accounts Officers

The AAOs had been assigned complete parity with the Section Officers of Secretariat and they had been granted the pay scale of 6500-10500 with effect from 01.01.1996. In case of AAOs, the observation of the VI CPC is as under:-

“This upgradation (grant of pre-revised pay scale of 7500-12000) revised Pay Band Grade pay of 4800 to the Section Officers will place the pay scale of Section Officers and AAO in an identical Pay Scale, thus necessitating the upgradation of the later category”. It has been laid down by the Government that wherever the lower pay scale has been recommended inspite of the fact that the need for higher pay scale was expressed by CPC it would mean an anomaly to be rectified. Having expressed the need for granting a pay scale higher than the pre-revised pay scale of 7500-12000, PB2 Grade Pay of 4800, but recommending the same pay scale not only to the extent Assistant Audit/Accounts Officer but also to the Audit/Accounts Officers was quite anomalous and needed rectification.

By so recommending the VI CPC has placed the post of Section officer, post of AAO and post of Audit/Accounts Officer in an identical pay scale though as per their observation AAO should have been placed in the next higher scale of 8000-13500. (PB3, Grade Pay 5400). The government of India partially rectified this anomaly by assigning the pre-revised pay scale of 8000-13500 PB2 Grade Pay of 5400. As a matter of fact this pay scale should have gone to AAO in terms of the above observation of VI CPC and not to the Audit/Accounts Officer. On logical consideration all SO who have completed 4 years, in the case of Civil Accounts organization all AAOs who have completed 4 years, should be placed in PB 3 with grade pay of 5400.

(Item Nos. 25 to 28 received from the All India Civil Accounts Employees Association)

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