ADVANCE INCREMENT AND PAY FIXATION ON PROMOTION FROM OS TO AO

Pune.

03.05.2010

Dear Members,

The Association has requested the Ministry to grant Advance increment on passing departmental examinations and extend the benefit of the decision of the Supreme Court regarding fixation of pay on promotion from OS to AO, to all similarly placed Officers. Copy of the letters are reproduced hereunder for information.

Yours sincerely,

Sd/-

(THOMAS MONY)

SECRETARY GENERAL

* * *

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICER’S ASSOCIATION

Ref No. AICESTMOA/10-20.

Pune, the 27th April, 2010.

To,
The Hon’ble Member (P&V),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.

Respected Sir,

Sub : Grant of advance increments to officers who qualify Deptt., Exam – reg.

* * * *

Kind reference is invited to instruction issued by the Under Secretary (Ad.IX), CBDT vide F.No.1-11020/47/2007-Ad.IX dated 9th September, 2009 on the above cited subject. (copy enclosed for ready reference please)

2. In the various field formations under Central Board of Excise and Customs, advance increments used to be granted to officers who qualify the Departmental Examinations held prior to the Cadre Restructuring of 2001 (for eg., an Lower Division Clerk was entitled to draw two increments incase he qualified the Departmental examination in the first attempt). Since the pre-restructured grade of UDC has been re-designated as Tax Assistant consequent upon restructuring, and taking into consideration the fact that CBDT has extended the benefit of drawing advance increments to the officers in various designations consequent upon restructuring as per letter dated 9th Sept’09 it is kindly requested that a similar dispensation may be granted to all the eligible officers under Central Board of Excise and Customs as per the applicable rules which benefit would be applicable till 31.12.2005 (prior to implementation of the Sixth Central Pay Commission w.e.f.01.01.2006).

3. Anticipating a favourable decision on the above request, I remain,

Yours faithfully,
Sd/-
(THOMAS MONY)

SECRETARY GENERAL

* * * * *

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICER’S ASSOCIATION

Ref No. AICESTMOA/10-20

Pune, the 27th April, 2010.

To,
The Hon’ble Member (P&V),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.

Respected Sir,

Sub : Extending benefit of pay fixation under FR.22(1)(a)(1)
to officers holding posts of erstwhile cadre of O.S. on
merging into the cadre of A.O. after restructuring – reg.
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Kind reference is invited to Board’s letter F.NO.A-26017/31/2007-Ad.II A dated 1st February, 2010 whereby the Commissioner, Central Excise, Bangalore-I has been requested to implement the orders and judgment passed by the Hon’ble CAT, Bangalore bench on 13.2.2008, 17.12.2008 and 18.12.2008 in favour of Ministerial Officers who had challenged Board’s order dated 24th July, 2006 regarding not extending the benefit of pay fixation under FR 22(1)(a)(1) to those erstwhile Office Superintendents who were holding the post of Administrative Officer in the pay scale of Rs.6500-10500 during the period from 01.01.1996 till 04.06.2002. (relevant copies enclosed for ready reference please)

2. While this Association places on record its appreciation towards the timely initiative taken by some of the Ministerial Officers of Central Excise, Bangalore Comm’te in challenging the denial of pay fixation benefits and attaining finality on the issue legally, ironically it is to observe that the Court directions have been extended restrictively to the applicants. From the Tribunal’s order it can be seen that the impugned order dated 24.07.2006 is quashed and set aside and hence the Board’s instructions contained in its letter F.No.A-26014/7/2001-Ad.II A dated 24th July, 2006 needs to be superseded by fresh orders in line with the Court’s order.

3. In view of the above facts and considering that there were many similarly placed officers who had either represented or are directly affected owing to Board’s order dt.24.07.2006, it is requested that suitable directions may be issued to all the Cadre Controlling Authorities under CBEC for uniform application of the Court order.

Thanking you,

Yours faithfully,
Sd/-

(THOMAS MONY)

SECRETARY GENERAL

Copy submitted for kind information to :

1. The Hon’ble Joint Secretary (Admn), Central Board of Excise & Customs, North Block, New Delhi with a similar request for issuance of uniform instructions to all the Cadre Controlling Authorities in the subject matter please.