NOTICE OF THE MEETING OF THE FEDERATION

Dear Members,

Many of you may be aware of the recent developments that are affecting the career prospects as well as the financial implications of various grades in the Ministerial cadre. Some of the developments had been reported and placed on the website too. It is understood that the Department is not ready to heed to the genuine demands of the cadre. The future course of action, which is to be adopted in order to achieve the said goals, has to be discussed and finalised in consultation with all the elected Unit members.

Therefore, a meeting of all elected representatives of the individual units of the Ministerial cadre in the country and the office bearers of the All India Association a/w the All India representatives of the Customs Ministerial Officers is proposed to be held on 13,14,15 of September, 2009, at New Delhi. The venue of the meeting will be intimated shortly. Members willing to participate in the meeting may contact the undersigned on +919881139080. It is requested that all the elected Unit representatives keep the All India Office Bearers informed of their participation in advance. Most importantly, kindly get a feedback from the members of the Ministerial Cadre right from the grade of LDC till Admn. Officers so as to enable fruitful discussions and get value addition in our demands.

Anticipating your valuable participation for a beneficial career prospect coupled with monetary gains for members of the Ministerial Cadre.

Yours sincerely,

Thomas Mony,

Secretary General.

SUPREME COURT'S ORDER ON PAY FIXATION ON PROMOTION FROM OS TO AO

Dear Members,

I take this opportunity to inform you all about the decision of the Honourable Supreme Court relating to the cadre. Many of you may be aware that there was a long pending dispute relating to the denial of benefit of pay fixation under Rule FR 22 (1) (a) (1) on the ground of higher responsibilities etc., The issue was agitated in the Honourable Tribunal at Bangalore by many of the affected Officers. The Tribunal took a considered view and allowed the benefit of pay fixation under the Rule, after setting aside the Board's Order dated 24.07.06. The department challenged the order of the Tribunal before the High Court of Karnataka by way of Writ Petition No.10261/2008. The Honourable High Court upheld the order of the Tribunal and dismissed the said petition. Detailed order of the High Court can be accessed on the court's website .

(http://164.100.80.145:8080/dspace/bitstream/123456789/133069/1/WP10261-08-26-11-2008.pdf).

The said order of the Honourable High Court was challenged by way of SLP in the Honourable Supreme Court. The Honourable Apex Court after condoning the delay has dismissed the petition at the Admission stage itself. The detailed order is still awaited. Brief order of the Court can be viewed on the court's website.

(http://courtnic.nic.in/supremecourt/temp/pc%201112809p.txt).

I take this opportunity to thank the members who have agitated the said issue before the Tribunal which eventually will benefit scores of people of the cadre. This is an example of good contribution from a strong willed individual, who has fought it on her own. The Federation will take necessary steps and ensure that this order is implemented without any further delay. I acknowledge the contributions of all the members in this regard.

with regards,
Thomas Mony,
Secretary General,
Pune.

SECOND INSTALMENT OF CPC ARREARS

F.No.1/1/2008-IC
Government of India
Ministry of Finance
Department of Expenditure.
Implementation Cell.

New Delhi datd the 25th August, 2009

Subject:- Payment of Second instalment of arrears on account of implementation of Sixth

Central Pay Commission's recommendations.
*******

As communicated vide this Department's Resolution No.1/1/2008-IC dated 29th August, 2008, the Government had decided that the arrears on account of implementation of Sixth Central Pay Commission's recommendations will be paid in cash in two instalments- first instalment of 40% during the years 2008-09 and the remaining 60% in the financial year 2009-10. The first instalment has already been paid in 2008-09. It has now been decided that the remaining 60% of arrears may now be paid to the concerned Government servants.

2. Further, as already stipulated vide this Department's O.M. No.1(2)/EV/2008 dated 17th August, 2009, in the case of post 01-01-2004 entrants into the Central Government, the second instalment of arrears may be released only after individual application forms for registration to the New Pension scheme have been obtained by the DDO/PAO from the concerned Government Servant.

3. As in the case of the first instalment of arrears, Government servants will be permitted to deposit their arrears in their GPF Accounts. Though not mandated, Government servants are encouraged to deposit their arrears in their GPF Accounts.

4. Hindi version will follow.

Sd.
ALOK SAXENA
DIRECTOR.

To
All Ministries/Departments of Government of India and others ( as per standard list)
Copy also to Department of Pensions and Pensioners' welfare –for issuing orders for releasing 60% of the arrears in the case of pensioners.

Recent Developments

Dear Members,

The office bearers had visited Delhi on 28.07.09, to pursue the pending issues relating to the federation in the Ministry and the Supreme Court.

1. UPGRADATION OF THE PAY OF DOS:-
As regards the up gradation of grade pay of Dos, ASG Sudershan has given a letter from central Excise commissionerate Chennai. On interacting with the senior officers in the Ministry, it is gathered that some interest is being shown by the Officers to solve this issue at the earliest. The Officers at the Sectary level officer are willing to merge STA and DOS, but the Joint Secretary is opposing the move on ground that STA is feeder cader for both the grades, i.e., Inspector and DOS . Therefore, due to this the matter is still pending before higher oficials. We need to pursue the matter vigorously to fulfill our goals..

2.RECOGNITION OF THE FEDERATION:-

The issue is pending for want of change in the name of the federation, excluding the word 'The Land Customs' in the title name of the federation. The bye-laws were amended accordingly and submitted to the Board. Now it has been informed by the Joint Secretary(Admn) that the order recognising the federation will be issued shortly.

3.CHENNAI HIGH COURT CASE:-

The chennai High Court matter which is pending in Supreme Court has been ordered to be posted before the Judge in the chamber due to non-service of notices. However it is yet to be listed for want of file as it is learnt that the file is misplaced in the Registry. The Officials of the Registry have been requested to trace and list it as soon as possible. It is expected that the same would be listed within a month's time.

4. RECRUITMENT RULES OF DOS NOTIFIED:-
The Recruitment Rules of the DOS has been notified, after much delay. However, the federation is disappointed at the manner in which it was delayed and issued without any change in the pay scale. The federation shall try and take necessary steps to challenge the same in a court after obtaining legal opinion. The federation is of the view that the grade pay of the feeder grade and the promoted grade cannot remain same if there has to be a promotion. The zones in which there are no vacancies of DOS left to be filled up can take up the matter to challenge the same in the Tribunal.

With regards,
Thomas Mony,
Secretary General.

Parliament Question answered by the MOS (R)

Placed below is the reply to a parliament question given by the Honourable Minister of Finance for state (Revenue),

Shri. S.S. Palanimanickam, in the Rajya Sabha,

regarding the revision of pay in respect of

Deputy Office Superintendents and Administrative Officers.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
RAJYA SABHA
UNSTARRED QUESTION NO 518
ANSWERED ON 07.12.2004

PROMOTION OF DEPUTY OFFICE SUPERINTENDENT

518. SHRI VIDYA SAGAR NISHAD

Will the Minister of FINANCE be pleased to state:-

(a) whether it is a fact that some time ago UDCs and Excise Assistants in Customs and Excise Departments have been promoted to the posts of Superintendents and inspectors on large scale but the Deputy Office Superintendent have not been promoted to the post of Administrative Officer in that ratio;

(b) whether it is also a fact that the pay scales of Superintendents/inspectors have been revised but the pay scale office Deputy Office Superintendent remained static;

(c) if so, the reasons for such discrimination; and

(d) whether the promotion of Deputy Office Superintendent and their pay scale are expected to be revised?

ANSWER MINISTER OF STATE IN THE MINISTRY OF FINANCE

(SHRI S.S. PALANIMANICKAM)

a) Yes, Sir. It is a fact that consequent upon Cadre Restructuring of the Department of Customs and Central Excise, promotions to the Group `B` Executive grades of the Depart, ent (viz. Superintendent of Central Excise, Superintendent of Customs (P) mad Appraiser ) and Group `C` Executive grades (viz Inspector Central Excise , Preventive Officer and Examiner) have been made from the respective feeder grades as per the Recruitment Rules of the respective Group `B` and `C` Executive grades. Promotions to the grade of Administrative Officer have also similarly been made from the feeder grades as per the Recruitment Rules.

b) Yes, Sir. The Government has revised the pay scales of Group `B` Executive and Group `C` Executive grades. The pay scales of the posts of Deputy office Superintendent Level I and Level II have not been revised.

c & d) The cadre of Deputy Office Superintendent Level-I and Level-II are Zone/Commissionerate based cadres.. Promotion from these grades to the grade of Administrative Officer depends on the number of vacancies in the grade of Administrative Officer in a Zone. As regards the revision of the pay scales of various ministerial grades including the grades of Deputy Office Superintendent Level-I and Level-II, the matter is under examination by the Government.

Source:- www.rajyasabha.nic.in - http://164.100.47.4/newrsquestion/ShowQn.aspx

http://164.100.47.5:8080/rsq/quest.asp?qref=95572