A BREIF REPORT ON MEETING WITH REVENUE SECRETARY

OUR VISIT TO DELHI DURING 10^TH TO 12^TH  September, 2013 –
A BREIF REPORT

The highlight of the recent visit of the office bearers of this Association with Revenue Secretary and Hon’ble Chairperson of CBEC on 12/9/2013 at 4 p.m. and 5.30 p.m. respectively. The following points were taken up for discussion in accordance with a pre determined agenda:-

(1) Promotions to CAO:-  In the face of vigorous persuasion of this Association, it was assured that one DPC for the years 2010-11, 2011-12, 2012-13 and 2013-14 is most likely to be held in very soon. 

(2) All India Seniority list of A.O.:-  DGHRD is updating the All India Seniority list of A.O.  as on 31.12.2008 again. In this connection, the DGHRD has requested vide letter F.No.8/B/67/HRD(HRM)2011 dated 12.09.2013 to all Cadre Controlling Authorities to forward the seniority list of AO of their respective Zones.

Click here to view the letter

(3) Recruitment Rule of A.O.:– It has been informed that Recruitment        Rule of A.O. has been sent to the Law Ministry and presently lying for translation to Hindi, following which it will go for notification in the official Gazette. 

(4) Pay Scales for A.O.: – It was pointed out by the leadership that Department of Expenditure is making certain submissions in the court of law through which they have acceded to the recommendation concerning parity between Headquarters organization and field formations like us. Board may take up the issue afresh with Department of Expenditure on the basis of their submissions before judicial fora.  Revenue Secretary has been very kind to accept our request and directed to do the needful.

(5)  Recruitment Rule of Inspector and age relaxation: - The Association vehemently argued for incorporation of a suitable clause in the new RR to protect the qualifying service i.e. – 2 years of present STAs & 10 years of TAs and Stenographers as well in terms of the DoPT’s guidelines.  It was also requested to remove age bar together and extent their facilities even before notification of new RR.  The Hon’ble Chairperson has been very kind to appreciate the Board for incorporation of a suitable provision for retention of the present qualifying service in the new RR and issued necessary direction to the concerned officers.  On age relaxation also, the response was positive.  We have submitted a separate representation seeking age relaxation even before notification of new RR.

 Click here to view the letter

(6)  Cadre Restructuring:-  The leadership pointed out that nothing has been conveyed to this Association on Cadre Restructuring proposals which has been altered many a times in the recent past.  The Revenue Secretary advised to submit a representation on this issue.  Subsequently, this Association was able to submit a representation with 4 tier structure of A.O. to the Revenue Secretary with a copy to Chairperson.  The Cadre-restructuring file is still pending with Committees of Secretaries and once it is cleared it will be sent to Cabinet.

                                       Click here to view the letter

(7) 100% promotion to the grade of Inspector : This Association was able to submit a representation for 100% Promotion to the grade of Inspector in the ongoing Cadre Restructuring to the Revenue Secretary with a copy to Chairperson.

                                                Click here to view the letter

The leadership of this Association also pursued DGHRD officials for preparation of All India Seniority list of A.O. and an early date of the CAO DPC  Besides we move around all the concerned administrative sections Ad.IIA & Ad.IIIB of CBEC and met the officials to pursue our issues, detailed above.  Over all it was a pretty successful tour which has engendered some kind of optimism.  

       Comradely Yours

      Tarun Kumar Seal                                Ashim Pramanik

Asstt. Secretary General                              President

             

 

Latest News

Dear Comrades,

Due to the consistent efforts put by this association the Recruitment Rules for the post of Chief Accounts Officer and Administrative Officer have been sent by the board to UPSC for its approval with requisite documents as per their checklist on 15.03.2013.  

Today (18.03.2010) the file pertaining to DPC to the grade of Chief Accounts Officer was submitted to UPSC again for its approval and to obtain an early date to conduct DPC upto 2009-2010.

The Recruitment Rules for the post of Inspector was again submitted back to DoP&T.  Though this association is having its own reservations on the proposed amendment of Recruitment Rules to the post of Inspector and several submissions were made by this association on the above issue, the department has forwarded the file again back to DoP&T owing to the pressure mounted by some section of people which is unwarranted and will bring huge disappointment among a larger section of its employees.

This association will keep impressing upon the board to ensure that the existing Ministerial Officers are not affected by the proposed amendment in the Inspector RR. 

Our President Shri. Ashim Pramanik has met Member (Service Tax) at Kolkotta today and apprised her our concern over the above issues.  Madam Majumdar has assured that these issues will be taken up with Member (P&V) for early redressal.  

Comradely Yours

Sudharsan J 

Updates on Secretary General and Office bearers Delhi Visit

Dear Comrades,

            On 17^th and 18^th of this month, I along with Shri. Tarun Seal, Assistant Secretary General from Kolkatta, Shri. Deepak Pal, Organizing Secretary from Indore and Shri. Sheikh Ansar, Vice President from Bhopal and comrades from Nagpur, Indore, Bhopal and Kolkata visited New Delhi to take stock of the recent developments on some of the important issues related to Ministerial Cadre and to follow up various pending issues. A detailed submission was presented before the Board officials to settle the issues favorably (Click here to view the Copy of the letter)

             On the issue related to the DPC to the grade of CAO, all the deficiencies pointed out by UPSC have been cleared.  But unfortunately, it is noted that the file is yet to move out of Board office.  This association raised the issue strongly with the officials for necessary action, so that the DPC can be convened by the UPSC at the earliest.

            The issue related to promotion to the grade of AO is still unattended by the Board.  We raised our concern as hundreds of DOS throughout India are awaiting their promotions and the CCAs are expecting some directions from the board to convene the DPC.  It is quite amusing that the issue was wrongly interpreted and referred to the DoPT as Adhoc appointments by the Board.  The question of Adhoc-appointment in AO grade itself is an error.  These promotions right from 2008 were conducted on adhoc basis against regular vacancies for want of Recruitment Rules.  It is noted that some zones are conducting DPC on regular basis notwithstanding the Board’s letter dated 27.06.2012 and in some other zones DPCs were held and Adhoc promotions are being continued.  This association stressed upon the fact that an executive instruction may be issued by substituting the present DOS as feeder cadre instead of DOS L-I in the AO (RR) and regularize all the Adhoc promotions ordered from the year 2008.

         As regards the amendment to Recruitment Rules, this association emphasized that before any amendment in Recruitment Rules to various grades a consultation process should be initiated by the Board officials with the All India Association. 

             
             With regard to the issue of enhance of Grade Pay to DOS/ AO, the office bearers of this association had met the officials in the Department of Expenditure and requested that a positive approach should be adopted on the issue.  The All India Association has submitted a fresh memorandum to the Secretary, Expenditure and Joint Secretary (Personnel) to consider the grade pay issue positively (Click here to view the Copy of the letter).

        Further, the association requested the Board officials to bring up the seniority case pending with the Hon’ble Supreme Court before the ensuing cadre-restructure.  Our advocates were also consulted in this regard so that the case is finished at the earliest.  Needless to say, a favourable judgement in the case will reap us immediate benefits and also help our Ministerial cadre a lot in the long run of our career.  Hopefully, we can bring up the case for final hearing at the earliest.

            Regarding non-adherence of DoPT’s instructions by CCAs to conduct DPCs without delay, this association requested the officials to take necessary action and a time schedule be fixed to complete the pending DPCs.  

             
               Will keep you all updated on the developments.

Comradely Yours

Sudharsan J

Secretary General

                         

Update on Visit to New Delhi

Pune, the 07^th 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 03^rd 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,

Sd/-

Thomas Mony,

Secretary General.

UPDATE ON VARIOUS ISSUES

Pune, the 31^st October, 2011

Dear Members,

Belated Greetings to all the Members on the auspicious festive season!  It’s quite some time since, the blog was updated.  Though the office bearers of the Association were putting in concerted efforts and pursuing for early settlement of our demands, no breakthrough was achieved in the interim period.

However, during the last week, the Board has taken a conscious decision to lift the ban imposed on  Inter-Commissionerate Transfers, which was a result of continuous and persistent efforts put in on that front. Though initially the ban was partially lifted from 2009 onwards, it was restricted to a few category of employees alongwith providing additional sops in seniority fixation, which was wholly inconsistent with the settled legal position, thereby leading to numerous unwanted litigations. The Board has finally acceded to the request of various Associations based on the certain specific observation of the DOP&T with too has recognized the flaws in the Recruitment Rules, and at last the much awaited order has been issued, which will go a long way in bringing relief to the members of Group ‘B’, ‘C’ and erstwhile ‘D’ officers under CBEC, who were eagerly awaiting the same.  

An earnest appeal is being made to all the members in service to graciously acknowledge the Board’s order dated 27.10.2011, as it is not detrimental to the ones in service in a particular zone, nor does it come in the way of their seniority,  and ensure that the numerous litigations are put to rest alongwith a promise made to one’s own self that after deriving benefits, no one would attempt any unwarranted litigations in future.  To download the order please click here.

        The other issue, which has been taken up by Board is the implementation of the AP High Court order. Instructions have been issued by the Board for immediate implementation and it has also been stated therein that specific problems, if any, should be brought to the notice of the Board for remedial action. Copy of the order can be seen by clicking here.

        Further, the Board has also referred certain proposals to the Department of Expenditure with positive recommendations, which if approved, will surely bring in the much needed relief on one of the most important demand, the outcome of which will be made known at the appropriate time.

Apart from this, you all may be aware of the process relating to review of Recruitment Rules in respect of which the Association had called for suggestions/ comments.  Since there has been no value addition on this front, the Association is proceeding with providing inputs to the Board for an early consideration of the same.   Ironically, while the Board has been sensitive to the demand of this Association with regard to grant of higher grade pay to the Administrative Officers as well as Deputy Office Superintendents, on the contrary there also exists a proposal mooted for merger of DOS and STA cadres, post cadre restructuring.  Our Association has already been vocal and resistive about such a move, as it would be detrimental in the overall interest of our Cadre.  While the Association is engaged in discussion with the Board against taking any such decision, and hopes that the said proposal will die a natural death, simultaneously all the members need to be aware of the same and rise to the occasion, if ever at any stage, there comes a necessity of mass protest in any form.

        Its time for some of our beloved members, i.e. all the Administrative Officers who are instrumental in assisting the Cadre Controlling Authorities in smooth functioning of office work to ascertain as to whether the report called for by the Board with regard to certain discrepancies identified for holding of Chief Accounts DPC is complied with.  Incase the report is not sent, the same may be sent immediately as the All India Association is being given to understand that there are 4 more reports to be received by the Board, after which the file will be sent to UPSC for fixing of DPC date.  

        Anticipating maximum co-operation from the members of our Association and expecting some more good news for the cadre in the days to come, I remain,

Yours sincerely,

Sd/-

(THOMAS MONY) 

SECRETARY GENERAL

UPDATES FROM DELHI VISIT

Date:- 11.04.2011

Dear Comrades,

The President, the Organising Secretary and Assistant Secretary General had visited New Delhi recently to participate in the Departmental Anomaly Committee Meeting which was scheduled on 05.04.2011. The updates on various issues and the ones that were taken up, pertaining to the cadre, during the said visit are placed below for information:-

Departmental Anomaly Committee meeting :-

As stated in the notice for the meeting only the points that were not taken up for discussion in the last meeting were taken up. The point relating to grant of Grade Pay of Rs.2800/- to Tax Assistants came up for discussion. The recommendations of the 5th CPC and implementation of the same in Railways and Accounts Department were brought to the notice of the Committee. The leader of the Staff Side too supported our arguments. However, the response from the Chairman was not encouraging as the standard reply came again i.e., that this is not an anomaly as per the definition of “Anomaly”. However, it has been stated from the beginning that he would support the demands on the merits of each case and it should be taken up outside the purview of the committee. In this case, he stated that this is a anomaly of the 5th CPC and it cannot be considered now as it should have been resolved before the 6th CPC itself. He further stated that as the 6th CPC has recommended the appropriate replacement scales this would not constitute as an anomaly of 6th CPC.

Further, the issue regarding the Grade Pay of AO and DOS came up in connection with another point which was taken for discussion. The president had made a forceful submission on the matter and also provided copy of the orders wherein higher Grade Pay of Rs.4800/- had been granted to Administrative Officers in the Ministry of Telecom and National Library, Kolkatta. The Chairman came close to accepting the demand, however, he said we shall look into it while recording the findings on each point.

At the end of the meeting it was informed that another meeting will be convened to record the specific findings on each of the agenda points, as to whether it would constitute an anomaly or otherwise, depending on which the next course of action will be decided.

The Chairman had further stated that the Departmental council will be constituted and the meeting will be convened as early as possible, and also indicated that it could well be anytime within the next three months. As of now, this is an important development/outcome to have emerged from this meeting.

Cadre Restructuring:-

The representatives had a very lenghty and fruitful meeting with the Hon'ble Member (P&V), and discussed various demands of the Association which need to be included in the ongoing cadre restructuring exercise. She appreciated the issues that were raised, and stated that the file is still in the Department of Expenditure. She assured that in case, the file comes back with some queries and if there is a possibility where any of our demands can be included the same will be considered positively. A letter on this issue has also been submitted.

After the above meeting we had met the Hon'ble Chairman late in the evening (around 9.00 pm) on the 04th April,2011, despite his busy schedule, as he was preparing to leave for Belgium on Official trip the next day. He stated that many of our demands have already been included in the proposal,  and the other demands which were raised before him will also be taken care of, if there is an opportunity to do so.  On 6th April, we also met the ADG (HRM) on the matter in which all these points were discussed at length. On the issue of the hierarchical structure and higher Grade pay for AO/DOS, he said that the issue can be taken up only after the minutes of the Departmental Anomaly Committee meeting is received. On the matter regarding relaxation of the qualifying service, it was stated that the issue would be considered positively, as the restructuring itself is being carried out to remove stagnation and every effort would be made to bring parity amongst all zones. He further stated that on receiving the approval of the Cadre Review Proposal from the Government, a meeting of the Associations would be convened to discuss the allocation of the posts among zones, after consultation with the Board on the matter.

Promotions to the Grade of Chief Accounts Officer:-

The matter relating to CAO promotions were followed up. Though the file and relevant documents for holding DPC for promotion to the post of CAO were sent to UPSC, it is now learnt that the same is likely to be returned to the Board’s Office for want of further documents/records. In the meanwhile the Association has decided to take up the matter with the Board for granting Ad-hoc promotions. The Association also had raised the issue of non-circulation of the Seniority list for the grade of Administrative Officers and has requested to expedite the matter.

Grant of pay fixation benefits on promotion from erstwhile OS to AO:-

This issue has been pursued vigorously by the Association. However, it has not attained finality due to the attitude of the Department of Expenditure. The Ministry of Law had been expressing helplessness due to the reason that the matter has been remaining sub-judice in one form or another. As on date, the matter has again been referred to the Ministry of Law from where a positive outcome is expected this time.

Supreme Court matters:-

The status of the seniority case in the Supreme Court, in the appeal against the Madras High Court order, was pursued. It is hoped that the case could come up for hearing any time.

Other matters:-

The issue relating to grant of relaxation for promotion to the Grade of Inspector/STA was also pursued. The issue was also discussed with the Chairman and the Member (P&V), who have assured to take a positive decision in the matter.

The process of allocation of Tax Assistants (DR) is also underway. On receipt of willingness from all the candidates the allocation would be finalized. It is learnt that the process would be completed in another 2-3 months time.

The opening up of ICT for all, is again under the consideration of the Board. Representations received in this regard are being examined. It is hoped that some positive outcome will emerge soon.

-AICESTMOA

UPDATES

Pune, the 20th March, 2011.

Greetings to all of you on the Occasion of Holi!

It is time to update the Members on the developments over the past fortnight or so. The Cadre Restructuring Proposal has been finalized by the Board and submitted to the Department of Expenditure for its approval. Which are the proposals that have been accepted / included and which are the ones rejected/not considered, remains a mystery, due to lack of proper information. Going by the minutes of the Board meeting as circulated in the Internet, it is understood that there is a likely increase in the number of posts of CAO and AO, while the earlier proposal for abolition of 750 posts in the grade of DOS/STA has been dropped. If this is true then this is a welcome change and a result of our consistent stand. Apart from this, there is nothing to show or to be happy about, as the core demand to create a new hierarchical structure in the Ministerial Grade to address the pay disparity in the AO/DOS grade has not been considered as yet despite all our efforts. The other crucial demand relating to the change in the promotional quota for Inspectors and one time relaxation, for filling up of all posts by promotion to the grade of Inspectors have not been considered on flimsy grounds. Further, the minutes of the Departmental Anomaly Committee Meeting held on 23.11.2010 has been issued and are in circulation. The next meeting is scheduled on the 5th of April, 2011. The copy of the notice and minutes are placed below:-

Minutes of the Meeting can be accessed by following the link below:-

https://docs.google.com/viewer?a=v&pid=explorer&chrome=true&srcid=0B_wcN1t0C9s3NTRmYmJjZDEtOGZlZi00MjRkLTk4MGUtNjVjNDk0NzNiYTE1&hl=en&authkey=CMmV-Dw

In this background there has been call from various quarters for convening a Meeting of the All India Association, to discuss these developments and deliberate the future course of action to be adopted. However, it is felt that it may not be the right time to do so, for the reason that there has not been any definitive information on the cadre restructuring proposal except for whatever has been stated above which again is speculative. Further, nobody has been to New Delhi recently to be in a position to actually get a sense of the things that is happening on the ground. I intend to visit Delhi this coming week and the President and ASG are also scheduled to attend the Anomaly committee meeting. I hope that at the end of these visits, there will be a clearer picture regarding the actual developments, and may be we can then plan our next course of action. The problem here is not about the meeting, but as to what exactly is going to be the reason/ outcome of such meeting, in absence of proper/authentic information and therefore, it may have to wait for some more time.

The issue of the Joint Action Committee is agitating the minds of the Members of this Association. The Inspectors’ Association, which was part of the JAC and was not willing to participate or support any sort of agitation, when there was a genuine requirement to do so, has now joined hands with the Superintendent’s Association and is likely to extend support to the agitation by that Association which were not with them/us initially. While this Association was all along a supporter of a common platform, the pity is that the Inspector’s Association has not thought about this and proceeded to join ranks with that Association, instead of bringing them also to a common platform and put up a joint struggle, which certainly would have made a huge difference. Therefore, the JAC is well and over for all practical purposes. Be that as it may, we wish Good luck to them and all the Associations who were part of the JAC in all their endeavors.

In light of the above factors, it is strongly felt that the spirit and unity of the Members of this Association has to be right up there, so as to lend their strong support, should there be any need for this Association, to take the path of struggle and agitation to get its demands fulfilled, as we cannot depend on others for the purpose. Since, we are still awaiting more details and closely monitoring the progress of the cadre review proposal file, which might move to the next stage, it is not possible to arrive at any such decision at this point in time.

Needless to mention that the monthly subscriptions, which are required to be remitted to the All India Association have not been remitted by many Circles/Units, despite several reminders. It is unfortunate that even the senior leaders, who are aware of the struggle one had to go through in the absence of recognition of the Association, fail to understand the importance of a centralized funding and maintenance of audited accounts for continuation of the recognition. I once again appeal to the leaders of the zonal units and the zonal representatives to kindly forward the share of the All India Association immediately, failing which the undersigned may have to take corrective action, which may not be pleasant and certainly not in the best interests of the cadre.

Yours sincerely,

Thomas Mony