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.

Tuesday, November 8, 2011

Update on Visit to New Delhi

Pune, the 07th November, 2011

Dear Members,
        Our President, Shri.Ashim Pramanick (Kolkatta) as well as Asst. Secretary General, M.Chokkalingam (Bangalore) had recently visited New Delhi in order to follow up the pending demands of the Association. As you all are aware the file relating to the upgradation of payscales of Administrative officers and Deputy office superintendents has been forwarded to the Department of Expenditure, with a positive recommendation from the Board. In fact, it is learnt that the file has been forwarded alongwith a D.O. letter from the ex-Chairman of CBEC, who was very sensitive to our issues and took enough interest in settling some of the pending demands pertaining to various cadres of our Association.

        As a follow up measure, the leaders had met the Secretary, Department of Expenditure on the 03rd November, 2011 and explained the issue threadbare. The Joint Secretary (Pers.), of the Department of Expenditure was also present in the meeting. Both of them gave a patient hearing and enquired as to whether any other department has given a higher grade pay to the AOs. In this regard, the orders issued in the Department of Telecommunication, was shown and a copy has been submitted, upon perusal of which they stated that the same will be taken into account while considering the demand of the Association. The Association is hopeful of a positive outcome on the matter.
        The issue regarding holding of DPC for the post of Chief Accounts Officer is getting delayed only because, certain cadre controlling authorities are not showing the necessary keenness in doing their job, i.e., furnishing the ACRs and vigilance clearance (integrity certificates etc.,). Earlier post on this issue refers. It is ironical to state that there is insensitivity prevailing on this issue at the field level and hence the common members who have read this message from the respective Commissionerates are requested to approach the Cadre Controlling A.O/Superintendent and ensure that they are informed of the deficiency pending from their zone.  Incase the authorities are not responding favourably, kindly keep the All India Association posted of the facts, so that the matter could be taken up with the Member(P&V), CBEC, New Delhi.

        Another issue, which has made progress is the draft seniority list of Administrative Officers. It has been stated that the list will be circulated within the next few days, probably by this weekend. On the cadre review front, it has been learnt that the DG, HRD has completed its presentation with DOPT, and no more queries are pending against our proposal. Possibly, the clearance for the same could come through any time, or as soon as the proposal of CBDT is ready for approval. The issue relating to the relaxation for promotion to the grade of Senior Tax Assistants and Inspectors, have not made any progress. The matter was discussed with the Member (P&V) and the Joint Secretary (Admin), among other issues, to which they assured that the same will be considered positively.

        Further, it has been reported that certain zones are not implementing one of the recent decisions of the Board, which was issued while accepting the verdict of the Hon’ble Tribunal, Chandigarh Bench on the matter of age bar for promotion to the grade of Inspectors. One such instance is being brought to the notice of one and all.  The Association is taking up this matter separately.  However, if such instances are prevailing elsewhere, the same may be brought to the notice of the Board/Association. For the benefit of the members, a copy of the order of the Tribunal alongwith a sample instance of denial to implement the Court/Board directive is made available for your information. Its pathetic to note that an interpretation of the Recruitment Rule, done by the judiciary, takes effect from the date of its Notification and denial to Review all the DPCs held from 07.12.2002 is illegal, absurd and needs to be countered well at the respective Cadre Controlling level.  If injustice still prevails, do keep us informed so that timely remedial measures could be initiated. Please click here for the order and do view the letter too.

        As stated earlier, the then Hon’ble Chairman Shri.S.Dutt Majumder, has relinquished his office on attaining superannuation w.e.f. 31.10.2011. The Association wishes to place on record his genuine concerns towards our cadre, and the timely support owing to which there has been ample progress made on our pending demands would have not been possible otherwise. On behalf of the entire cadre, I wish him a happy, peaceful and healthy retired life.

        While speaking about the progress made in various areas, unfortunately there has been a negative wave created in the Board office with regard to one pending issue taken up by the Association.  On the basis of precedence prevailing in the Cadre Controlling zones of Chennai, Hyderabad and Chennai Customs this Association had sought for necessary permission from the Board for temporary downgrading of some vacant DOS posts to that of STA so as to ensure that the approximately 74 aspirants in the Cadre Controlling zones of Bhopal, Mumbai/ Pune and Jaipur stand benefited, and that uniformity prevails in the various field formations. Inorder to counter the Association’s request, the Board has come up with a novel idea of merging the supervisory cadre of DOS and STA, thereby trying to de-grade the supervisory cadre apart from maintaining the non-uniformity among field formations under CBEC.  The Association intends to keep all the members informed that the said move of the Board stands countered alongwith an indication of mass protest if any decision detrimental to the cadre is taken. 

Of late, it is being noted that there exists a very dangerous precedence of Board not advising the field formations/ not initiating any action on officers/Cadre Controlling authorities taking decisions which are contradictory to rules and since authorities are scotfree, the quantum of injustice is ever increasing which finally leads to unwanted litigations.  While our Hon’ble Finance Minister has all along been maintaining that DPCs should be held timely and staff grievances need to be looked into, we do have before us perfect examples of injustice being meted out on our members in various zones, which would surely stand highlighted in future, thereby bringing in transparency and more so the actions of the Board/ Cadre Controlling authorities shall be made known to one and all, thus bringing in the desired amount of change in the various field formations under Central Board of Excise and Customs.

Yours comradely,
Thomas Mony,
Secretary General.

1 comment:

Ramnath said...

Having known the fact and reality that exist today that no one wants to go for DOS post on promotion which includes even PH candidates, if the Board wants to do something, let them abolish the post of DOS after those in that post become AO. On the seeing the situation, let Association also demand Abolition of DOS post, if granting 4600 gpay by Board seems remote. It so happened in the last Cadre Restructure that DOS L-I post was reduced in number. The reduction/abolition took place gradually till those in DOS L-I became AO and the vacant posts of L-I were left unfilled and it got abolished/reduced. Likewise, this time, this could be resorted to if the Board wants to do something.
Dear office bearers, pl. be aware of the fact that this is a fall out of 6th PC recommendation (I mean merger of 5000 with 5500 basic post). If this step of merger is resorted to, it would certainly be detrimental to DOS cadre (excepting those who wants to be Inspector) but the date of effect cannot be from prospective date. This is altogether different from CReview exercise. The merger of these posts has to be from 1.1.2006 as per recom. of 6th pc as per which posts which existed in 6500 basic has been given 4600 gpay but this merger was left untouched as there is two lines of promotion in CBEC departments. Hence, merger of these two posts has to be w.e.from 1.1.06 which will lead to further confusion as they would be eligible for inspector post since that date.
Hence, it is better to abolish the post of DOS after all DOS become AO gradually (as happened to L-I in last CR). It also got changed later after both L-I & L-II were merged w.e.f. 20.9.2005 which is a different issue.
If the board says it is not possible to retain both posts in 4200 gpay, let them atleast abolish DOS.

Merger if happens will also reduce/delay the chances of present STAs to be Inspectors, be it either from 1.1.06 or from prospective date.