MEETING OF MEMBERS/REPRESENTATIVES REGARDING ANOMALY OF PAY IN THE GRADE OF AO/DOS

Pune, the 5th October, 2010

Dear friends in service,

As all of you are aware that the Ministry has vide its letter dated 09.09.2010 (copy placed below), communicated the decision of rejecting the request for upgradation of pay scales in respect of the AO and DOS, consequent to 6th CPC. Unfortunately, despite our concerted efforts, the Association has not been successful in its pursuit of achieving positive results in the said issues. While the Association is still keeping a close watch on the developments regarding the ensuing Cadre Restructuring, the above decision of the Ministry needs to be taken up for adjudication, in all possible ways and means, before the appropriate forums.

Requests and suggestions are being received from many quarters for challenging the decision of the Ministry rejecting our legitimate demand before the various Tribunals. It is our experience that multiplicity of litigations/ cases filed on emotions without much thought and conviction etc., often leads to chaos and confusion which results in damaging the prospects and interest of all the members in the cadre for a long time to come.

Therefore it is felt that a meeting of all the interested Officers/Unit leaders alongwith some affected members should be convened at a central location, preferably at New Delhi to discuss the strong points and finalise a common strategy before embarking upon filing individual O.A’s. A common ground could be crystallized in the said meeting and circulated among all the Officers/regional units for filing OAs before the Tribunal.

It is therefore appealed to all the members/Office bearers concerned about the welfare and well being of the Members of the Association, to hold back their emotions and bring forth their strong points to the table for discussion in the proposed meeting and not to file OA’s without consulting the Association. The date and venue for the meeting will be communicated to one and all in due course.

Awaiting your favourable and enthusiastic response, I remain.

Yours comradely,

(THOMAS MONY)

Secretary General

RECENT COMMUNICATIONS WITH THE BOARD/MINISTRY

Pune, the 5th October, 2010

Dear Comrades,

           The Association is pursuing various issues affecting the cadre with the Board vigorously. A series of correspondences/ communications have been made thereon, a copy of which is being placed below for the information of all the Members. 

Yours sincerely,

Thomas Mony,

Secretary General.

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICERS’ ASSOCIATION

Ref No. AICESTMOA/10-27

New Delhi, the 15^th Sept’ 2010

To,
The Hon’ble Member (L&J), I.R.S
Central Board of Excise & Customs,
Government of India, Ministry of Finance,
Department of Revenue, North Block,
New Delhi.


Respected Madam,

Sub : Re-designation of UDC (Special Pay) as STA – Withdrawal of
Board’s instruction dated 09.10.2007 - regarding.

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Most respectfully, kind attention is invited to Board’s letter F.No.A.32018/1/2007-Ad.III A dated 09.10.2007, on the above mentioned subject, whereby all the Cadre Controlling Authorities were requested to review all such cases and initiate consequential action keeping in view the order passed by the Hon’ble Tribunal, Mumbai Bench in the case of Smt. Rashmi Arolkar.

2. Prior to proceeding further, this Association is being given to understand that the original file being dealt with in CBEC has been caught in the fire that took place in Hudco Vishala and hence wishes to place on record the basic reasons for which the UDCs (Special Pay) were placed in the higher pay scale of Rs.5000-8000, during the Cadre Restructuring exercise, the various litigations which were pending/decided in Hon’ble Central Administrative Tribunal/High Court and the concerned Sections in Board’s office which were dealing with the subject matter at different times.

i. The Fifth Pay Commission had identified 10% of UDCs (Special Pay) as a cadre performing complex nature of duties and had recommended its upgradation in the grade of Assistant with the pay scale of Rs.5000-8000 w.e.f. 01.01.1996. Based on the recommendations, the implementation cell of Department of Expenditure had vide its letter under F.No.6/31/99-IC dated 19th March, 1999 communicated the manner in which the upgradation was to be done.

ii. The Ad.II A Section under Central Board of Excise & Customs was considering implemention of the said recommendations of the Fifth Pay Commission which was accepted by the Government and for which implementation order was also issued. However, vide Diary No. 1667/99-Ad.II (A) dated 14/10/1999 it is evident that the matter relating to grant of Rs.5000-8000 pay scale for Special Pay UDCs was referred to Ad.IV Section for incorporating the same in the proposal of Cadre Restructuring. Main file bearing No.A.26011/4/97 Ad.II(A) was also submitted to Ad.IV branch for considering grant of upgraded pay scale to 10% of the UDCs in the field formations of CBEC by making it a part of cadre review proposal. (copies of relevant notes enclosed)

iii. On the 28th and 29th of January, 2002 i.e. during the course of discussion with this Association for implementation of Cadre Restructuring, the Board had given an assurance regarding retrospective upgradation of UDCs(Special Pay) in the pay scale of Rs.5000-8000. However, approval was sought from the Union Cabinet by the Ad.IV Section/DOPM for upgradation of UDC (Spl. Pay) to the level of Senior Tax Assistant prospectively only. Based on the said approval of the Cabinet, the U. D. C. (Special Pay) post was made one of the initial constituents in the STA grade.

iv. The Ad.III B Section thereafter framed and notified Senior Tax Assistant Recruitment Rule vide GSR NO. 39(E) dated 20.01.2003, wherein at Rule 5(i) it is clearly mentioned that ‘a UDC (Spl Pay) shall be deemed to have been appointed as Senior Tax Assistant and the service rendered by them before commencement of these rules shall be taken into account for deciding the eligibility for promotion to the next higher grade’ and as per Rule 5(iv) of the Senior Tax Assistant Recruitment Rule, 2003 a Upper Division Clerk(Spl Pay) shall be placed below Assistant, DEO Gr. ‘C’, DEO Gr. ‘B’ and Tax Assistants.

v. The matter relating to retrospective grant of Rs.5000-8000 pay scale to UDCs (Spl. Pay) was a subject matter before Hon’ble CAT, Madras Bench in O.A.No.564/2003 wherein it was contested by the applicants that inspite of the Government’s acceptance of granting Rs.5000-8000 pay scale to the 10% Upper Division Clerks involved in complex duties, the monetary benefits have not been accorded to them. As can be seen from Para 2 of the Hon’ble CAT, Madras Bench order dated 19th Jan, 2003 it is mentioned that “the respondents did not deny the right of the applicant to get the benefit pursuant to acceptance by the Government. What remained was only the issue relating to giving retrospective effect to the recommendation of the Fifth Pay Commission which is under consideration”. It is also relevant to note in Para 3 of the said judgment that quotes Para 6 of the counter reply of the Department which states that “the posts have been upgraded as a result of cadre restructuring approved by the Government”. This judgment of the CAT, Madras bench had attained finality since then as it was not appealed against by anyone.

vi. Further, the Department has defended O.A.No.1150/2003 in the Hon’ble CAT, Madras Bench by mentioning in Para 9 of the Counter reply that the recommendations of the Vth Pay Commission with regard to upgradation of the UDCs (Special Pay) was made a part of Cadre Restructuring proposal and it is after the approval of the Cabinet that the UDC (Spl Pay) posts have been placed in the new cadre of Senior Tax Assistant in the pay scale of Rs.5000-8000. Most important is the fact that the Union of India has preferred a Writ Petition No.38622/2004 in the Hon’ble Madras High Court against the Hon’ble CAT judgment passed in O.A.1150/2003 on 2nd August, 2004 on the grounds that (i) According to Cadre Restructuring the Spl. Pay UDCs are placed in the cadre of Senior Tax Assistant in the higher pay scale of Rs.5000-8000 (Para ‘e’ of Grounds in the said Writ Petition) thereby defending the placement of the Upper Division Clerk (Spl. Pay) in Rule 5(iv) of the Senior Tax Assistant, that was subsequently dismissed by the Hon’ble High Court vide common order dated 13.04.2007 and presently pending decision in the Supreme Court.

3. That being the situation, directions were issued vide F.No.A.32018/1/2007-Ad.III A dated 09.10.2007 intimating that action be initiated for implementation of Hon’ble Central Administrative Tribunal, Mumbai Bench judgment passed in Rashmi Arolkar V/s. U.O.I though the matter stood decided by the Hon’ble Madras High Court on 13.04.2007and the stand of the Department was consistent throughout that the post of Upper Division Clerk has been upgraded to the cadre of Senior Tax Assistant in the pay scale of Rs.5000-8000 w.e.f. 20.01.2003.

4. The Board has vide its order dated 07.04.2008 directed all the Cadre Controlling Authorities to fill up vacancies existing in the grade of Inspector and Senior Tax Assistant as per the existing Recruitment Rules. This contrary stand of the Department in defending the STA Recruitment Rules in the Hon’ble Apex Court on one hand and simultaneously implementing the Hon’ble CAT judgment in Rashmi Arolkar and others V/s. Union of India on the other does leave room for a series of fresh litigations and more so it proves the existence of inconsistency. Also it is pertinent to mention here that the settled stand of the Department before the Hon’ble CAT, Madras bench and the Hon’ble Madras High Court cannot be nullified by accepting the Mumbai CAT order. It is also submitted that only some Cadre Controlling Authorities have wrongly implemented the said CAT order whereas many Cadre Controlling Authorities have maintained restraint and waited patiently for the outcome of the SLP filed by CBEC in Supreme Court, wherein a relief was granted by the Hon’ble Apex Court that all promotions would be subject to outcome of SLP and there would be no reversions in the meantime.

5. In view of the above mentioned facts, this Association urges upon your Honour to kindly re-consider Board’s decision of implementing the Hon’ble CAT order, Mumbai Bench passed in Rashmi Arolkar V/s. UOI and requests for immediate withdrawal of Board’s instructions issued vide F.No.A.32018/1/2007-Ad.III A dated 09.10.2007, in the light of the fact that the Hon’ble Chennai High Court order was prevailing prior to issue of the said directions dated 09.10.2007, and the same is being contested by the Department itself before the Hon’ble Supreme Court of India claiming that the Rules have been framed properly.

6. Anticipating a judicious decision on the above request, which is affecting the career prospects of a large number of Ministerial officers, I remain,

Yours faithfully,

(THOMAS MONY)

SECRETARY GENERAL

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ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICERS’ ASSOCIATION

Ref No. AICESTMOA/10-31

New Delhi, the 15th Sept’ 2010

To,
The Hon’ble Member(L&J),
The Hon’ble Member(P&V),
Commissioner (Directorate of Legal Affair),
Commissioner (Legal),
Central Board of Excise & Customs,
Ministry of Finance, Department of Revenue,
North Block, New Delhi.

Respected Sir/Madam,

Sub:- Request for extending benefit of Pay fixation under FR 22 (I)

(a) (1) to Officers promoted to the grade of Administrative

Officer, from the erstwhile cadre of Office Superintendent –

post cadre restructure – reg.

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In continuation to this Association’s letter Ref. No. AICESTMOA/10-20 dated 27.04.2010 & 15.09.2010 on the above subject, this Association wishes to highlight the following facts for your kind information and favourable consideration.

2. The Board/Ministry had vide letter F.No.A-26014/7/2001-Ad.II.A dated 24.07.2006, clarified that “since the pay scale of Office Superintendent and Accounts Officer (Administrative Officer/Assistant Chief Accounts Officer) were merged into one pay scale of Rs.6500-10500 by the Fifth Central Pay Commission, w.e.f. 01.01.96, the benefit of pay fixation under FR 22 (I) (a) (1) cannot be granted.”

3. Consequent to issue of the above clarification, the Cadre Controlling Authorities in the field formations, issued orders modifying the earlier promotion orders and sought to deny the benefit of pay fixation to Officers who were promoted to the grade of Administrative Officers from the erstwhile (pre-cadre restructure) post of Office superintendent. Some of the affected officers approached the Hon’ble Tribunal against the said clarification dated 24.07.06 and related executive instructions issued thereafter. The Hon’ble CAT, Bangalore in O.A. No. 117/07 dated 13.02.2008 and a series of cases had held that the clarification dated 24.07.06, is bad in law stating that “the applicants were promoted to the post of AO long before the date of merger, i.e., 05.06.2002.” Further it ordered that “the impugned order dated 24.07.06 is quashed and set aside” apart from setting aside the orders issued pursuance to the said order dated 24.07.06.

4. The Writ Petition No.10261/2008 filed by the department against the said order of the Hon’ble Tribunal was dismissed by the High Court, vide an order dated 26.11.08. Thereafter a Special Leave Petition was preferred by the Department against the said order, which came to be dismissed by the Hon’ble Apex Court vide its order and judgement dated 21.08.2009. In conclusion, the order passed by the Hon’ble Tribunal, Bangalore attained finality and thus became law of the land.

5. However, instead of issuing fresh orders on the subject matter, the Ministry had vide its letter F.No.A-26017/31/2007-Ad.II-A dated 01.02.2010, directed the Commissioner, Central Excise, Bangalore –I, Bangalore to implement the orders and judgement of the Hon’ble CAT, Bangalore Bench, in respect of only those Officers who have filed Application before the Hon’ble Tribunal restrictively. Subsequent to the above, a few Officers had approached the Hon’ble Tribunal at Ernakulam which has also extended the benefit of pay fixation to the applicants.

6. It is an undisputed fact that Tribunal Hon’ble has categorically held that the Ministry’s order dated 24.07.06 is bad in law, and quashed the same and also the subsequent order in totality. The Ministry has sought to implement the order of the Tribunal, affirmed by the Hon’ble High Court and the Apex Court, restrictively to the applicants only, which action is discriminatory and against all the basic tenants of law as the order passed by the Hon’ble Tribunal is an order in rem and not an order in persona. Instead of issuing uniform instructions, the Board is keen on forwarding files again and again to the Department of Expenditure and taking contradictory stand to the one already taken, thereby creating chaos and the Board is indirectly forcing all the similarly placed Officers to approach the legal forums, much against the principles laid down in Article 14 of the Constitution. More so, in a situation when the Hon’ble Finance Minister has ordered constitution of a Committee to prepare a roadmap for reducing existing litigation and also to avoid litigation in future, such a stand being taken by the Board is surely against the spirit and directions of the Hon’ble Finance Minister.

7. In view of the above facts it is requested that suitable directions may kindly be issued to all the Cadre Controlling Authorities under CBEC, for uniform application of the Court’s order to all similarly placed Officers under CBEC at the earliest, thereby granting some relief to the deprived Officers, many of whom are on the verge of retirement and also avoiding filing of fresh litigations etc.

Awaiting issuance of suitable directives at the earliest, I remain,

Yours faithfully,

(THOMAS MONY)

SECRETARY GENERAL

REPRESENTATION TO THE DEPARTMENTAL ANOMALY COMMITTEE

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICERS’ ASSOCIATION

Pune, the 04th October, 2010

The Departmental Anomaly Committee constituted by the Department of Revenue, Ministry of Finance, has not provided an opportunity to the Association to represent its Grievances directly. Instead, it has been informed to submit the Grievances and Agenda points to the Leader of the Staff Side who has been nominated to take up the matter before the Committee on our behalf. Accordingly a Memorandum has been submitted to the Chairman of the Departmental Anomaly Committee and also the Leader of the Staff Side Shri. K.K.N. Kutty, Secretary General of the Confederation of the Central Government Employees, New Delhi regarding the Anomaly in respect of our cadre. A copy of the said Memorandum is placed hereunder for information of the Members.

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SUBMISSION OF AGENDA POINTS FOR CONSIDERATION IN THE DEPARTMENTAL ANOMALY COMMITTEE

        Most respectfully, the following submissions are being made to bring to light the anomaly that has arisen in the Grade Pay of Administrative Officers and the Deputy Office Superintendents in CBEC.  In this regard, the factual position and cause of the anomaly, alongwith detailed justification for upgradation of Grade Pay in respect of these two Grades is narrated hereunder:-

Factual Position:-

2. The Administrative Hierarchy of the Ministerial cadre in the field formations under CBEC begins with Tax Assistant (Gr. ‘C’ with GP-2400) at the entry level, whose first promotional opportunity is to the grade of Senior Tax Assistants – (Gr. ‘C’ with GP – 4200). Thereafter there are two promotional avenues available to the Senior Tax Assistants; i.e., (a) Deputy Office Superintendent (Gr. ‘B’ Non Gazetted – with GP – 4200) (DOS) and further as Administrative Officer (Gr. ‘B’ Gazetted with GP – 4600) (AO) in the Ministerial cadre; and (b) Inspectors (Gr. ‘B’ Non-Gazetted with GP – 4600) and further as Superintendents (Gr. ‘B’ Gazetted with GP – 4800) in the Executive cadre.

3. The Administrative Officer (Group 'B' Gazetted) post under CBEC was created in 1959. Ever since the creation of the post, parity existed between the grade of Administrative Officer/ Examiner of Accounts/ Assistant Chief Accounts Officer and Superintendents/ Appraisers, as both the posts were placed in the same scale of pay upto 21.04.04. The Examiners of Accounts were performing the same function as like that of a superintendent in an Audit party and DOS were performing the duties of an Inspector in these audit parties. This fact is well documented in the Audit Manual of 1990, issued by the CBEC. The pay scale of Administrative Officer (Group 'B' Gazetted) under CBEC was equal to the pay scale of Appraiser/ Superintendent of Central Excise/Customs (Group 'B' Gazetted), under CBEC while the Pay scale of DOS was equal to that of an Inspector.

4. While the nature and duties of all the respective grades i.e., AO, DOS, Superintendent and Inspectors continued to remain the same, during the Year 2004 (21.04.2004), Ministry awarded up gradation of pay scale to the grade of Appraiser/ Superintendent of Customs (Preventive) and Inspectors/ Preventive Officers on par with Officers of CBI, leaving aside the pay scale of Administrative Officer and DOS, thereby creating an artificial imbalance in pay scales of Officers under CBEC. The Ministerial Officers had raised their concern and sought parity with similarly placed cadres before the Ministry. This particular issue was also raised in the Rajya Sabha vide an Unstarred question No.518, Shri. Vidya Sagar Nishad, Honourable Member of Parliament. In response, the Honourable Minister of State for Revenue Shri. S.S. Palanimanickam in his reply dated 07.12.04, while admitting the fact that the pay scales of Group ‘B’ & ‘C’ Executive grades have been revised, had stated that “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.” Considering the validity of the demand of the staff side, the matter was referred to the 6th CPC, vide letter F.No.A-26017/168/2007-Ad.IIA dated 30.11.2007. On consideration of the issue, the Commission has in para 7.15.13 and 7.15.14 of its report observed as under:-

7.15.13:- The posts of Inspector and equivalent exist in CBDT as well as CBEC. The Fifth CPC had recommended the scale of Rs.5500- 9000 for these posts. The pay scale of these posts was, however, upgraded to Rs.6500-10500. Demands have been received from other posts existing in the scale of Rs.5500-9000 in these two Boards seeking similar dispensation. The Commission has recommended merger of the pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500- 10500 which will automatically meet this demand. Hence, no specific recommendation on demands seeking such upgradations is being made.

7.15.14:- Fifth Central Pay Commission had recommended the pay scale of Rs.6500-10500 for the posts of Appraiser/Superintendent (Preventive)/equivalent in CBEC and the post of Income Tax Officer/equivalent in CBDT. The Government, in 2004, upgraded the pay scales of these posts to Rs.7500-12000. Various posts in ministerial cadres that earlier were in the pay scale of Rs.6500-10500 have demanded an identical dispensation in order to maintain their relativity. The Commission would like to clarify 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 scale cannot be a ground for establishing relativity. However, the ministerial posts will get a separate dispensation because the Commission has recommended parity between headquarters organizations and the field offices in chapter 3.1 of the report. The recommendations made therein shall apply to the ministerial cadre in CBDT and CBEC as well without any relativity being established vis-à-vis the posts belonging to the executive cadre.

In this regard, it is also relevant to refer para 3.1.3 (Disparity between Secretariat and field offices) of the report wherein it is observed as under:-

“The field offices are at the cutting edge of administration and may, in most cases, determine whether a particular policy turns out to be a success or a failure in terms of actual benefit to the consumer. Accordingly, the time has come to grant parity between similarly placed personnel employed in field offices and in the Secretariat. This parity will need to be absolute till the grade of Assistant.”

5. Further, the qualifying service required for promotion to the grade of Inspector is two Years, whereas the qualifying service required for promotion to that of DOS is three years. However, the grade pay of DOS is Rs.4200, similar to that of the STA, whereas in the case of Inspectors it is Rs.4600, promotion to which requires a lesser qualifying Service than that of DOS. It is a paradox that a STA, whose ACR is being initiated by the said DOS as a supervisory Officer, will be drawing a higher Grade pay than this superior Officer, on his/her next promotion to the grade of Inspector. Therefore it is clearly evident that there is an anomaly in these cadres. This has been acknowledged by the Pay Commission at Para 7.15.15, where it has been categorically recorded as under:-

“An anomaly has been reported in case of Senior Tax Assistants who are presently eligible for promotion as Inspector as well as Deputy Office Superintendent. It is stated that Senior Tax Assistants, if they are promoted as Deputy Office Superintendent, reach the scale of Rs.5500-9000. However, in case of promotion as Inspector, they are placed in the scale of Rs.6500-10500 which is anomalous especially because they function under Deputy Office Superintendent before promotion as Inspector. The Commission has recommended merger of the pre-revised scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 which will place the posts of Inspector and Deputy Office Superintendent in an identical pay scale. No specific recommendation is, therefore, necessary in this case.”

6. After careful consideration of all the facts, the Pay Commission had recommended merger of the three scales in order to retain the parity between Inspectors and DOS, which existed prior to 21.04.2004. However this parity has again been altered, after the revision of Grade pay in respect of Inspectors and Assistants to Rs.4600/- vide OM dated 13.11.09, leaving aside the Grade pay of Deputy Office Superintendent. Under these circumstances, this Association has sought upgradation of Pay of DOS & AO to restore parity on the following grounds.

JUSTIFICATIONS FOR UPGRADATION OF PAY:-

(i) DEPUTY OFFICE SUPERINTENDENT:-

7. As per the Recruitment Rules of Assistant in CSS, an UDC (in the pay scale of Rs.4000-100-6000 – pre-revised = Rs.5200-20200 in PB-1 & GP of Rs.2400 -revised) with 5 years of the qualifying service is eligible for promotion to the grade of Assistants. However, in the offices under CBEC a Tax Assistant (equivalent to the UDC in CSS) is eligible for promotion as STA after completion of 3 years of qualifying service. This STA is eligible for further promotion as DOS after completing 3 years of qualifying service in that grade. Thus a TA (UDC) in the field Offices is eligible for promotion to the level of DOS (equivalent to Assistant) after 6 years of qualifying service, one Year more than the requirement for promotion as Assistant in CSS. Even after ignoring the requirement of higher qualifying service for promotion, a DOS is comparable to the grade of Assistants in the Headquarters organization, which has now been granted grade pay of Rs.4600 corresponding to the pre-revised scale of Rs.7450-11000. Further, both DOS and Assisants are Non-Gazetted Group ‘B’ Posts, whose next promotional post is a Gazetted Group ‘B’ post i.e., Administrative Officer and Section Officer respectively. The nature of duties and responsibilities are similar between these two cadres and it is apparent that the post of DOS is on par with that of Assistants. Since parity has been established between the Ministerial cadres of Headquarters Organisation and Field Offices, it is justifiable to grant higher Grade Pay to DOS, equivalent to the pay of Assistants, as recommended by the Pay Commission in terms of para 3.1.3.

(ii) ADMINISTRATIVE OFFICER:-

8. The Administrative Officers in this department when posted in the Headquarters Offices of the Commissionerates, function as Heads of one of these three sections viz., Administration, Establishment or Accounts section. They are required to perform a combination of all these three roles in the Divisional Offices, When ever they are posted to Accounts Sections to assist a CAO in Commissionerate Headquarters, they have to look after the work related to Reconciliation of Revenue Receipts. While doing so, there have been many instances, where discrepancies noticed have led to detection of Tax Evasion on further investigation, which have led to recovery of Revenue to the Department. This Reconciliation work is unique to this department alone, which requires experience in the field level. While there has been a constant increase in workload on a whole, unlike on the executive side, there has not been any corresponding increase in the staff position nor is there any increase in the pay scales of these experienced Officers. Not only that, most of the Administrative Officers of this department have reached this level after putting in a minimum of 15 to 20 Years of service depending upon the vacancies available in the respective Zones, which need to be recognized and adequately compensated.

9. Further, even if the role of DDOs are common to all the departments, it is humbly submitted that some of the duties performed by them can be compared to that of an Income Tax Officer of CBDT, in as much as they have to mandatorily calculate and recover the Income Tax at appropriate rates, in respect of those Officers, whose salary are being drawn and paid by them. In addition to the above, they recover TDS in respect of all payments to contractors/service providers, and through this they are contributing to the exchequer. Apart from this, they have the additional responsibility of filing a quarterly and annual return to the Income Tax Department, in respect of the Taxes that have been deducted at Source. Therefore they play a significant role in nation building as well while performing these functions.

10. In the Headquarters Organisations (CSS), the Section Officers who perform the role of DDOs and perform similar nature of work, have been granted the grade pay of Rs.4800 in PB-2 corresponding to the pre-revised scale of Rs.7500-12000, who are entitled to Grade pay of Rs.5400 on completion of 4 years of service in the grade. As stated above, the AOs are comparable to the Section Officers, and they are no way inferior to them on any count. Their nature of duties and responsibilities are similar to that of Section Officers in handling of Administrative and Establishment matters as well. As per the recommendations of the Commission, the Ministerial cadre shall be granted parity of pay with that of the Headquarters Organisation. Considering a similar plea in the case of the Administrative Officers in the Department of Telecommunication in the Ministry of Communication and Information Technology the Ministry was pleased to allow them a grade pay of Rs. 4800 (copy of the order dated 23.03.09 is enclosed). Hence, the grade of AOs of CBEC are eligible for grade pay of Rs.4800 in PB-2 on par with that of Section Officers, and they should also be granted the non-functional upgradation to the grade pay of Rs.5400, on completion of four years of Service.

Promotional avenues:-

11. As explained hereinabove, the entry level in this Department by way of Direct Recruitment is to the grade of Tax Assistants, who are appointed through the Graduate Level Examinations conducted by SSC, which can be considered just one level lower than the examination held for appointment to the post of Inspectors. In absence of adequate monetary compensation and promotional avenues, when compared to executive grades, these computer literate and highly qualified Officers more often than not, opt for promotion as Inspectors in the Executive side, because of higher Grade Pay. This anomaly if not rectified will lead to a situation, where only those officers who do not qualify for promotion as Inspectors alone, will choose the line of DOS and AO in absence of other option/alternative. Such a turn of events will lead to utter chaos and confusion, and one day the Administration in the field formations of CBEC will come to a standstill, because most of these posts (DOS/AO) will remain unfilled after the promotion/retirement of the existing officers. A trend has already emerged whereby large numbers of post are lying vacant in the grade of DOS for the past two years in many zones. Therefore, on this count also the demand of higher Grade Pay for DOS and AO merits consideration, in order to attract proper talent for the Ministerial cadre which alone can meet the Administrative requirements of the Department.

Name of the Post Grade Pay Promotional Post Grade Pay of Promoted post Min. Qual. Service

Tax Assistant 2400 (PB-1) Sr.Tax Assistant 4200 (PB-2) 3 Years

Sr. Tax Assistant 4200 (PB-2) DOS 4200 (PB-2) 3 Years

DOS 4200 (PB-2) Admin. Officer 4600 (PB-2) 2 years

Admin. Officer 4600 (PB-2) Chief Accts Officer 5400 (PB-2) 7 Years

(No monetary benefit is available on promotion from STA to DOS and that promotion is to be ignored)

12. From the above table, it may be seen that a Ministerial Officer will be able to get only two promotions in his entire service i.e., upto the level of Administrative Officer. Very few Officers reach the level of CAO, as these posts are very far and few, and are not filled up regularly on occurrence of vacancies. Though the Government has allowed three Financial upgradations for all Government Servants, the spirit of the recommendations imply that there shall be equal promotional avenues also, in order to satisfy the career aspirations and monetary benefits. Further, it can be seen that there is no post available with Grade Pay of Rs.4800, and at present an AO is being promoted to the Group ‘A’ post of CAO directly from the Grade Pay of Rs.4600, which is inconsistent. The line of promotion would become more appropriate and consistent only if upgradation of the pay is granted to the grade of DOS at Rs.4600 and AO at Rs.4800.

13. In view of the above, it is submitted that the post of DOS should be granted Grade Pay of Rs.4600/- and that of the Administrative Officer be granted Grade Pay of Rs.4800/-. Such an upgradation alone can restore the imbalance that has crept in pay scales of the Officers in CBEC, and further bring the much needed relief to those who have suffered the embarrassment and humiliation in this Department for the past so many Years.

  

Yours faithfully,

Sd/-

(THOMAS MONY)

SECRETARY GENERAL