MINUTES OF EXECUTIVE COMMITTEE MEETING

MINUTES OF THE EXECUTIVE COMMITTEE MEETING OF ALL INDIA CENTRAL EXCISE & SERVICE TAX MINISTERIAL OFFICER’S ASSOCIATION HELD AT NEW DELHI ON 16.08.2010

The Executive Committee meeting of the All India Association was held at New Delhi on the 16th August, 2010. Though the Secretary General had issued the notice for the meeting, he had to put off his visit to New Delhi due to some last minute changes in his schedule. He conveyed his regrets to the Members for being not able to attend the crucial meeting, and requested to go ahead with the meeting as scheduled, with the assurance that the decisions taken therein will be binding on everyone, including him. Shri. Ashim Pramanick, President, presided over the meeting and the following Office bearers/ Members participated in the meeting.

1. Shri. Amit Kumar Shrivastava – Vice President, All India Association
2. Shri. J. Sudharsan – Asst. Secretary General, All India Association
3. Shri. Sarkar, President, Kokatta Zone
4. Shri. Somnath, General Secretary, Kolkatta Zone
5. Shri. Shaini, General Secretary, Jaipur Zone
6. Shri. Bhaskar, President, Chennai Zone
7. Shri. M. Chokkalingam, General Secretary, Karnataka Zone
8. Shri. Marudhu Raja, EC Member, Chennai

Apart from the above, Shri. Gautam, Administrative Officer from the Delhi Zone also participated in the meeting as a special invitee.

2. Before proceeding to take up any issues for discussion, the house was informed about the promotion of our comrade Ms. K. Nageshwari, Organising Secretary of the All India Association, Hyderabad Zone, to the grade of Inspector. A special mention was made regarding the stellar role played by her on various matters, more particularly in implementation of the Judgement of the Hon’ble High Court and also in obtaining Ministry’s recognition for the All India Association. The House expressed its gratitude and wished a long and successful career to Ms. Nageshwari in the promoted post, while appreciating her contribution to the growth of the All India Association. The House then decided to fill up the vacancy caused due to the relinquishing of charge by Ms. K. Nageshwari, who was the Organizing Secretary. Since, it was felt that convening the General Body Meeting/convention of the All India Association will take some time, someone could be co-opted until then as provided under Article -14 of the Bye-Laws of the Association. Therefore, it was unanimously decided to nominate Shri. J. Sudharsan, (presently holding the post of Asst. Secretary General) as organizing secretary of the All India Association, with the approval of the Secretary General. Similarly, it was also decided to nominate Shri.M.Chokkalingam, General Secretary, Karnataka Zone to function as Assistant Secretary General of the All India Association, in place of Shri.J. Sudharsan, consequent to his nomination as Organising Secretary.

3. This meeting was convened in the backdrop of the information regarding the finalization of the cadre restructuring proposal by the Board, which according to reliable sources is against the interests of the Ministerial cadre. The president then appraised the house about the progress of the cadre restructuring proposal during the last three months, i.e., after the consultations were held by the DG, HRD with the members of the Association and the subsequent developments. Among other items, the following issues were deliberated:-

(i) Cadre Restructuring under CBEC

It was decided that the Association should oppose abolition of any posts in the Ministerial cadre. Even if there is any upgradation of a particular post, the consensus was that the sum total of the present total strength of Ministerial cadre, shall not be allowed to be reduced at any cost. In this regard, it was decided to address a letter to the Chairman, Member (P&V), Joint Secretary (Admn), CBEC and the ADG, HRD, CBEC on the issue. (Contents of the letter dated 17.08.10 is placed on the Blog for information).

(ii) Delay in filling up of vacant posts in the grade of Chief Accounts Officer.

Concerns were voiced regarding the delay in holding of DPCs for filling up the vacant posts in the grade of Chief Accounts Officer for the past so many Years. On enquiry it was learnt that the UPSC has returned the file to the Board to provide an undertaking that copies of the ACR/APARs have been serviced on Officers, whose gradings are found to be below benchmark, required for being considered for promotion for the particular Year. There are a total of 8 Officers who are having below benchmark grading for a certain period. The Board has written to the respective CCAs (Shillong, Trichy, Bangalore –I, Nagpur, Mumbai –V, Service Tax, Ahmedabad, Bhopal) on the subject matter. All the zonal representatives were requested to follow up this issue with their CCAs for immediate action.

(iii) Upgradation of Grade Pay in r/o DOS & Administrative Officer.

The Board had considered the anomaly in the Grade pay of the DOS and AOs, consequent to implementation of the recommendations of 6th CPC and recommended higher grade pay for both the posts and forwarded the same to the Department of Expenditure for approval. The file was returned by DoE with certain queries on two occasions. As on date these queries have been replied and the file has been resubmitted to the Department of Expenditure for consideration. In this backdrop, it was decided to personally seek an audience with the Joint Secretary & Director (Dept. of Expenditure), and explain the issue personally. (The Office bearers had met both the Officers subsequently and a letter on this subject is being submitted to the Joint Secretary). Further, the order passed by the CAT, Ernakulam Bench in the case of some of the DOS seeking benefits of pay fixation upon promotion from STA to DOS post 01.01.2006, was discussed. It was felt that the intervention of association is not required at this point and therefore decided to wait for the relevant papers to reach the Board's Office through proper channel from Cochin, as directed by the Honourable Tribunal and follow up the issue after the file is initiated.

(iv) Delay in notification of the Recruitment Rules of Administrative Officer

The Recruitment Rules in respect of the Administrative Officers have not been notified after the last cadre restructuring and therefore ad-hoc promotions are being granted in this grade for the past so many years. It was informed that the issue is under process and it will be notified shortly, alongwith the other RRs that are being reviewed by DG, HRD as per the DOPT instructions consequent to the implementation of 6th CPC. Therefore, it was decided to follow up the issue closely.

(v) Extension of benefit of Pay fixation to Officers promoted as AO from the grade of erstwhile Office Superintendent, consequent to Court Orders

The Ministry had granted the benefit of pay fixation to few Officers from Karnataka zone, that too only those who had filed cases in the Tribunal/HC/SC, who were earlier promoted to the grade of Administrative Officers from the grade of Office Superintendent. The Association had already represented the Ministry for extension of this benefit for one and all and the issue is under consideration. It was decided to follow up the matter, with a reminder, if necessary.

(vi) Relaxation in qualifying service of TAs/STAs for promotion to the grade of Inspectors

Prior to cadre restructuring, UDCs with 5 Years of qualifying service were eligible to be considered for promotion to the grade of Inspectors, whereas as per the revised RRs the necessary qualifying service is 2 Years in the grade of STA or a minimum of 10 Years of Service in the grade of Tax Assistants (post-cadre restructure). Since there is stagnation in the grade of STAs in various zones and the required qualifying service for promotion from TA to STA is 3 years, it was decided that a request should be made for relaxation of the qualifying service/amendment in the Recruitment Rules.

(vii) Temporary down gradation of the posts of DOS to the level of STA, in respect of such Zones, where there is stagnation in the level of STA.

As stated above, there is acute stagnation in the level of STA in certain zones as many Officers are not willing to take up the promotion to the grade of DOS, due to various reasons and therefore, large numbers of posts remain vacant in the grade of DOS all over the country. In order to facilitate promotion to the eligible Officers from the grade of TA to STA, it was decided to seek temporary downgradation of posts in the cadre of DOS to the level of STA as an interim measure, only in zones where there is stagnation.

(viii) ACP for Inspectors promoted from Ministerial grade

The Board had vide letter F.No.32011/32/2003-Ad.IIIA dated 06.08.04, clarified that promotions granted to the grade of Tax Assistant (pre-cadre restructure) from the grade of UDCs, shall be ignored for the purpose of grant of ACP benefits to the Officers of the level of DOS and they shall be granted the benefits in the normal hierarchical grade of DOS L –I & L-II. Therefore, it was decided to seek similar dispensation to the Officers who have been promoted as Inspectors and have not got the benefit of the said clarification.

(ix) Early Hearing of the Seniority case in the Supreme Court and Service of Notice to the Respondents/Affidavits.

Though a Miscellaneous Application has been filed for early hearing of the Appeal before the Honorable Supreme Court, the same could not be listed due to the delay in filing of affidavit by the Department, regarding service of notice on the Respondents. It was decided to follow up the issue with the Directorate of Legal Affairs and the Board’s Office for early action on the matter.

(x) Inter-commissionerate Transfers on compassionate grounds

The Association has already requested the Board to allow ICT on all compassionate grounds, which is presently available only on Spouse Grounds. The request is to restore the ICT policy to the status as existed prior to 19.02.04, i.e., before implementation of the Ban on ICT. The matter is under consideration and it was decided to wait for a decision on the issue.

The Meeting then concluded with thanks to the Chair. It was informed that the next meeting will be held immediately after the cadre restructuring proposal is finalized or as and when the same becomes available, in order to consider and decide the future course of action.

(AASIM PRAMANICK)

PRESIDENT

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Meeting at New Delhi and Developments

New Delhi, 21.08.2010

You all might be aware of the recent meeting of the Office bearers held at New Delhi, on Cadre restructuring proposal to deliberate upon the response of the Association, apart from following up the various issues affecting the cadre. As scheduled the Executive Committee of the meeting was held on 16th August, 2010, the Minutes of which are under circulation. The same will be placed, on receipt of concurrence from the Members who participated in the Meeting. The issues that were followed up in the Ministry and Board’s Office are placed hereunder for the information of the Members.

1. Though it was rumored that the cadre restructuring proposal has been finalized by DG, HRD and forwarded to the Board, the information gathered indicated that the same has never reached the Board’s Office and it still remains only with the Top Brass. It is reliably learnt that the same has been certainly finalized by the Board and is only awaiting approval from the different authorities. We might get to know of the status only when the same is revealed or sent to DOPT and Department of Expenditure for approval.

2. It was learnt that as per the said proposal, the post of the DOS is likely to be abolished, with creation of additional posts in the level of Administrative Officers. Though the number of posts that are likely to be created at the level of AO could not be confirmed, it is reliably learnt that the abolition of the post of DOS is a certainty.

3. On learning that the post is likely to be abolished, it was decided to oppose any reduction in the total sanctioned strength of Ministerial cadre on one or other pretext, when there is constant increase in the workload. The Office bearers met the Member (P&V) and the Joint Secretary (Admn), CBEC and requested to not abolish any post in the Ministerial cadre, which will reduce the sanctioned strength. A letter to this effect has also been submitted to the Chairman and Member (P&V) while reiterating the earlier demands of the Association.

4. The issue of higher Grade Pay to the cadre of Administrative Officers was followed up in the Department of Expenditure. The Office Bearers met the Director (DoE) and Jt. Secretary (DoE), and justified the Higher Grade Pay. While, the Director informed that he will examine the proposal after the file reaches him, the Jt. Secretary (Expenditure/IC) in her interaction stated that this is an anomaly and should be taken up in the Departmental Anomaly committee. At this point it was informed that the CBEC has already considered this aspect and after due consideration has recommended the higher grade pay. Thereafter, the delegation was assured that the issue will be examined and our submissions would be given due consideration.

5. The issue relating to delay in promotion to the grade of CAO was also followed up. A total of 8 Officers whose ACR/APAR grading is below benchmark need to be served with a copy of the concerned ACR/APAR and an undertaking to this effect has to be filed by the respective CCAs to the Board as per the DOPT’s instructions. Such undertakings have to be then forwarded to the UPSC for further action. The Office bearers of the respective zones have been requested to follow up the issue with the respective CCAs.

6. The issue regarding relaxation of qualifying service for promotion from the grade of TA/STA to Inspector was also followed up. Further the issue relating to relaxation of ban on ICT for other compassionate grounds (other than Spouse grounds) also was taken up. Both the issues are under active consideration.

7. The Association has submitted a letter for temporary downgradation of the vacant posts in the grade of DOS to that of STA in those zones where there is stagnation. The CCA Jaipur has already forwarded a proposal in this regard during February – 2010 and the matter is under consideration of the Board.

8. The Early Hearing application that has been filed in the Supreme Court was followed up. It was learnt from the Registry that the defects, i.e., filing of affidavit regarding service of notice on all respondents have not been completed by the department till date, due to which the MA has not been listed. On learning that the Chennai CCA had forwarded the acknowledgement of receipt of notice to the Directorate of Legal Affairs, the Office bearers met the Additional Commissioner, Ms.Prachi Saroop, for doing the needful. She informed that the matter is not dealt with at the Directorate and the issue is being handled at Ad.III.B Section of the Board’s Office. Therefore a letter was submitted for filing of an Affidavit of service in the Court immediately.

9. The Ministry had clarified that the promotion to the level of erstwhile TAs from UDC shall be ignored for the purpose of ACP scheme and the Officers can be granted ACP in the hierarchical grade of DOS L-I &L-II. A similar dispensation has been sought for the Officers who are promoted to the grade of Inspectors.

The Office bearers will meet again at New Delhi soon after the cadre restructuring proposal is made known to the Association, and formulate its Official response on the matter.

Copy of the letter is placed hereunder for information.