Tuesday, July 22, 2008

Posted by Secretary General on 3:40 PM with 1 comment

Circular-5/08

A joint convention of Government Employees and teachers was held on 8th July 2008 at New Delhi. The gist of the deliberations held in the meeting is given below. As decided in the meeting. I request all the Circle/ Branch Secretaries to organize the following two programmes.

Massive demonstration/mobilization/dharna in all the head quarters and important offices on 30th July, 2008.
Serving of strike notice through demonstration on 4th August, 2008.
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JOINT CONVENTION OF GOVERNMENT SECTOR EMPLOYEES
AND TEACHERS FIRMLY RESOLVE TO MAKE
THE 20 AUGUST 2008 GENERAL STRIKE A GRAND SUCCESS

NewDelhi 8 July 2008

About 800 delegates representing the Confederation of Central Government employees and workers, All India State Government Employees' Federation, All India Federation of University and College Teachers Union, School Teachers Federation of India attended the National Convention today at MPCU Shah Auditorium, Civil Lines, Delhi. The Convention was presided by a presidium consisting of S K Vyas, R G Karnik and Kartik Mondal.

The Convention was inaugurated by Com. M K Pandhe, President CITU and was addressed by Com Tapan Sen, MP, Secretary CITU, Com S K Bose, Assistant Secretary, NRMU, Com. Sailo Bhattacharya, General Secretary, All India Defence Employees Federation, Com. Baidyanath Mukherjee of School Teachers Federation of India, Com. B S Hota, President, All India University Employees Confederation, Com. James William, National Secretary AIFUCTO, Com. Rajesh Menon, General Secretary of Confederation of Central Govt Officers Organisations.

The Declaration, later approved by the Convention was presented by Com. Sukomal Sen, General Secretary AISGEF, and seconded by Com. S K Vyas President Confederation of Central Govt Employees and Workers. The speakers suggested several amendments. The version adopted at the convention after taking into account these suggestions and the Press Statement issued immediately thereafter is enclosed. The convention while endorsing the decision of the sponsoring committee of Central Trade Unions and Federations has called upon the Central and State Govt. employees, and teachers to organize a series of programmes of actions culminating in one day strike on 20th August, 2008.The affiliates were requested and to take necessary steps required along with the COC for the successful conduct of the one day strike on 20th August, 2008.
Com. KKN Kutty, Secretary General of Confederation of Central Employees summed up the discussion in which about 30 delegates participated. The final text of the declaration as approved by the Convention is enclosed. The Convention endorsed the decision of the Sponsoring Committee of Trade Unions to organize a day's strike on 20 August 2008 and made a firm resolve to make the strike a grand success and carry out the following programmes of action.
1. Joint Conventions at States/District/Industrial centers to be completed by 15th July, 2008.
2. Massive demonstration/mobilization/dharna in all the states and Industrial centers on 30th July, 2008.
3. Serving of strike notice through demonstration on 4th August, 2008.
This convention recognized the fact that the Govt's attempt for withdrawal of the Statutory Pension Scheme of Govt. Employees to replace it with a contributory system is conceived to transfer funds from poor to rich and to finance the stock market operations. The mass scale outsourcing of regular jobs, contractorization, privatization have become the modern instruments of exploitation. This is being applied in all Govt sectors including the teaching community and the teaching institutions. In all sectors; be it private, public or Government; denial of legitimate wages to the workers are encouraged blatantly by the Govt. Basic and hard earned labour welfare legislative enactments are sought to be replaced by reactionary ones to provide room for unhindered exploitation of workers and to appease the Trans-national Corporations.
Right to Strike for the Govt. employees has not yet been formally granted. This year is the 60th year of Declaration of Human Rights by the ILO. Govt. of India is a member State of the ILO. However, for the last 60 years Govt. of India has been consistently refusing to ratify the ILO convention 87,98 in regard to TU rights and 151 concerning such rights to workers in public services. This convention demands of the Government to ratify the convention 87, 98 and 151 and afford the right to strike to the Government employees.
This convention viewed the recommendations of the 6th Central Pay Commission as yet another manifestation of the intent of the ruling class to intensify the neo-liberal economic policies. The 6th CPC has discarded all the established norms and principles of wage determination and has advanced untenable arguments to deny the employees the minimum wage. It has openly advocated Corporatisation and even privatization of major departments of the Govt. of India, Railways and Defence in particular. This convention asks the Government to deist from the practice of Corporatisation and privatization of Government departments. In consonance with the practices prevailing in the western world, the commission has suggested hefty pay packets and benefits for the top echelons in the bureaucracy denying in the process even the legitimate and genuine demands of the employees. The commission's recommendation to dispense with the existing Bonus scheme and introduce a system of performance related wage structure being bereft of any logic or merit has been rejected by all the organizations of Central Govt. employees unanimously. The convention condemns the suggestion made by the 6th CPC to abolish Group D Cadre and to stop recruitment of Group D employees as being superfluous in the Govt. departments and permit contractorization of these functions henceforth. This direction of the 6th CPC, if implemented by the Central Govt, will play havoc in the States, where the number of Group-D employees is in colossal numbers. This convention therefore demands the Govt. to enter into a meaningful discussion with the employees' organizations and bring about a satisfactory settlement on the recommendations made by the 6th CPC and ensure that the retrograde recommendation on stoppage of Group D recruitment is rejected.

The 6th CPC has not recommended to extend the existing defined benefit Pension Scheme for new recruits, which the Govt has stopped without any statutory sanction This is unacceptable and the Convention demands that the proposed new Contributory Pension Scheme which is yet to receive the assent of Parliament should be scrapped and all Govt. employees (including those recruited after 1.1.2004) brought within the ambit of the statutory defined pension scheme.
In addition to the above demands of the Govt sector in particular, the Convention fully adopts the Charter of Demands and endorses the programme of actions chalked out by the Sponsoring Committee in its national Convention held at New Delhi on 13th May, 2008 and calls upon the central and State Govt. employees, University, College and School Teachers to organize a day's countrywide strike on 20th August, 2008 in unison with the other sections of the working class in the country
The Convention concluded at 6 P.M. with the presidential address by R G Karnik on behalf of the presidium.
From our Association three (3) delegates inclusive of the Secretary General In charge had participated in the meeting.
We would like to submit our notice on 4th of August as per the call given by the joint convention.

6th CPC related issues.

As has been intimated in our last circular letter on the subject, a satisfactory settlement on core financial issues is the need of the hour. The discrimination in the fitment formula between the officers who are placed in PB3 and PB4 vis- a – vis others is without any logic and principle and brings about a vast amount of difference in emoluments, apart from providing varied percentage of benefit to even similarly placed employees. The irrational computation of minimum wage, if not addressed, will have an everlasting impact on the wage structure of Central Govt. employees. The process of negotiation that is presently on the anvil in the case of Public Sector employees, once come to fruition will widen the existing disparity in the wages of the Central Govt. employees and workers of the Public Sector workers. The future of further recruitment in Government department for carrying out the existing Group D functions is bound to be stopped. Since no organizations can do away with these functions, the only alternative will be contractual employment. The National Executive of the Confederation, which met on 8th July 08 has, therefore, decided to meet immediately on knowing the Government's decision on the 6th CPC related issues. The emergent meeting will be notified to take place within a few days'

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Information received from the D.O.P & M is that the Board has appointed a Committee to see the feasibility of a combined Recruitment Rules for all the Group B Gazetted and non-Gazetted Executive Officers under the Board. This proposal has to be discussed within our organization in detail before giving any feedback to the committee.
A full-fledged E.C. meeting is long overdue. This is hampering the smooth functioning of the organization. Many of the new developments have to be discussed in detail. I request the Circle/Branch Secretaries to come forward to host a meeting.
We are doing our best to take up the resolutions adopted in the Pune Convention and subsequent meetings with the concerned authorities. The letters addressed to Board regarding anomaly on pay fixation on grant of ACP 1992 batch inspectors and unified G.P.F account is attached with this circular.
The Board has principally agreed to hold Departmental Council Meeting under the JCM. The Board has also directed all the Chief Commissioners to finalize the Transfer Policy after discussion with the recognized Association. Units are requested to contact their respective Chief Commissioners to hold Office Council Meeting.
During our visit to Delhi the All India Association collectively persuaded different pending matters lying with the Board; met Chairman and Member (P&V) and specifically mentioned about promotion and notional fixation of revised payscale from 01.01.1996.
Letter submitted to Board regarding anomalies in fixation of pay of Inspectors on grant of ACP prior to and subsequent to 21.04.2004

AICEIA/PAY/2008/21 09/07/2008
To
Sri S.K.DEV, Under Secretary ( Ad-IIA),
Central Board of Excise and Customs,
North Block, New Delhi.

Sir,
Sub: Anomalies in fixation of pay of Inspectors on grant of ACP prior to and subsequent to 21.04.2004 - Reg
Your kind attention is invited to our letter ref. AIF/Pay/2006/64 dated 15.11.2006 & AIF/Pay/2006/11 on the above subject and Board’s letters dated 06/01/2006 and 04/01/2008 in this regard.

The facts relevant to the issue that were highlighted by our earlier correspondences are reiterated here.
1. The pay scale of Inspectors of Central Excise was revised from RS. 5500-175-9000 to 6500-200-10500 w.e.f. 21/4/2004 vides Order No.6/37/98…dated 21/4/2004, issued by the Department of Expenditure.
2. By the same Order, the pay scale of Superintendent of Central Excise, the immediate hierarchical post of Inspector was revised from Rs. 6500-200-10500 to Rs. 7500-250-12500 w.e.f. 21/4/2004.
3. A large number of Inspectors have received 1st /2nd financial up gradation under the ACP scheme on completion of 12/24 years of service in the year 2004.
4. The upward revision of pay scales with effect from 21/04/2004 has given rise to anomalies in fixation pay of Inspectors getting their ACP before and after 21/4/2004.
5. In respect of Inspectors who were granted ACP before 21/4/2004, the pay was fixed in the pre – revised scale of the Superintendents viz. 6500-200-10500 and on 21/4/2004 their pay was fixed at Rs. 7500/-.
6. In respect of Inspectors who were granted ACP after 21/4/2004, the pay was fixed in the revised scale of. Superintendents viz. Rs. 7500-250-12000 at Rs. 7750/-.
7. Owing to the above, a large number of Inspectors all over the country are drawing lesser pay that their juniors
8. Almost in all cases, deprived Inspectors have represented to the competent authority, but to no result.
9. The CBEC vide letter ………dated 06/01/2006 and 04/01/2008 has clarified
“that no anomaly is recognized where pay is fixed under ACP scheme which is purely personal to the employee and has no relation to seniority of the employees. Despite ther being existence of specific Government Instructions, the senior Inspectors are not provided the pay safeguard. Further the seniority has no relevance in ACP Scheme.”

10. We are constrained to say that the above clarification is not legally or factually correct for the following reasons;
(a)The anomaly in pay highlighted by the Association has not been caused by ACP but due to the up-gradation of pay scale of Inspectors and Superintendent.
(b)The same problem could have arisen in the case of promotion also.
(c) The situation highlighted is a unique one and is not covered by any of the clarifications issued by the DOPT with regard to the ACP scheme. As stated above the problem does not pertain to the implementation of ACP scheme and hence the remedy lies elsewhere.
(d)In this regard, attention is invited to Note 9 to Rule 7 of CCS (Revised Pay) Rules, 1997. The note contemplates stepping up of pay on par with that of the junior in a case where the senior is getting promotion before revision of pay-scales and junior after revision of pay-scales if the following conditions are satisfied
· Both the senior and the junior employees should belong to the same cadre and the posts in which they have been promoted should be identical in the same cadre,
· Pre-revised and revised scales of pay of the lower and higher posts in which they are entitled to draw their pay should be identical,
· The senior should draw at time of promotion pay equal to or higher than that of the junior,
· The anomaly should be directly due to application of FR 22 or any other Rule regulating pay-fixation on promotion in the revised scale,
· In cases, where junior draws more pay in pre-revised scales by virtue of advance increments granted to him the anomaly will not arise.
11. It is submitted that Note 9 to Rule 7 referred to above covers the instant case.
12. In terms of the above provisions we find that the Inspectors getting ACP benefit before 21/4/2004 and senior to Inspectors getting ACP benefit after 21/4/2004, are eligible to get the pay safeguard.
With reference to the above, affected officers from various Commissionerate have represented for “Removal of anomaly in pay of senior Inspectors upon grant of ACP to junior officers in upgraded pay scale w.e.f. 21/4/2004.”
One such sample representation is enclosed for perusal.

We request for an early settlement of the issue through a specific (and duly amended) instruction / clarification.
Yours faithfully
(Kousik Roy)
In reply to a letter from the Board regarding unique G.P.F. Account No we have given one submission.

Letter submitted to Board regarding allocation of unique G.P.F. account no….. reg.

AICEIA/PAY/2008/22 07/07/2008

To
Sri S.K.DEV
Under Secretary ( Ad-IIA),
Central Board of Excise and Customs,
North Block, New Delhi.

Sir,

Sub; Allocation of unique G.P.F. account no….. reg.
Kindly refer to your letter F.No. A-26017/50/2008-Ad.IIA dated 29th May 2008. We would like to mention that what we have demanded is to create unique account number within a seniority Zone. In reply to your queries we would like to furnish the following points:
In the present G.P.F account numbering system all the officers had to apply for change of G.P.F account number after every 2-4 years under one seniority Zone. So, in transit a good no. of officers are loosing their balance and interest every year and also suffering from inordinate delay in getting their most urgently required GPF advances/withdrawals.
Under one seniority Zone (which is likely to be most feasible parameter) a single G.P.F. Account No. should be allotted to every employee. All the Pay and Accounts Offices under the said seniority zone should operate under one Deputy Controller of Accounts. In this way frequent change of Account Number can be stopped and loosing of balance and interest will go away perpetually. This will also do away with the inordinate delay in transferring G.P.F balance and the harassment faced by the officers at the time of G.P.F. withdrawal.

Another option would be allotment of 10 digit unique GPF account number which can be loaded on a server maintained by the Pay and Accounts Offices like the SAP system, adopted by our Department for the registration of the Assessees, wherein the first three digits would be for the Department code, the next two digit would be for the Seniority Zone code, the next one digit would be for the Commissionerate code( this may be optional), next four digit would be for unique serial number or existing account number of officer within the Seniority Zone.
Illustration: GPF A/c No. 1234567890
123 - Department Code
45 - Seniority Zone code
6 - Commissionerate code
7890- Existing account number of officer within the Seniority Zone

The necessity of secured online transfer of GPF Account Balance from one PAO Office to other like the banking industry is the need of the day. This is doable as the PAO Offices in our Department are fully Computerised and are equipped with internet facility.

07.07.2008
KOLKATA Yours faithfully
( Kousik Roy)

The new membership form after the Pune convention and as furnished in the constitution of the Association is placed underneath, all the Branch/ circle Secretaries are requested to complete the filing up of new membership forms within September 30th as you all know our next conference is due on or before December 4th, 2008.

ANEXURE ‘A’
Application form for admission as member of
All India Central Excise Inspectors’ Association (AICEIA)
(To be obtained in quadruplicate)
Applicant’s Name : ______________________________________________________
(In Block letters)
Designation in the office : ______________________________________________________
Blood Group:
Date of entry into Service : ______________________________________________________
Office in which employed : ______________________________________________________
Residential address : ______________________________________________________
(with phone number)
I declare that the particulars furnished above are correct. I agree to abide by the Constitution, discipline, and directive of the AICEIA. I may be enrolled as a member of the AICEIA.
Station :
Date : Signature & Initial
(To be filled in by the Office Bearer of Branch/Circle)
Name of the Branch/Circle in which the applicant
Is admitted as a primary member : ___________________________________________
Name of the Branch/Circle : A.I.C.E.I.A West Bengal, Sikkim & A.Nicobor circle : ___________________________________________
Receipt No. issued to the Applicant for having
received the admission fee : ___________________________________________
Signature of the President / Secretary of Branch/Circle

(To be filled in by the Secretary General)
It is certified that Shri / Smt. ______________________________________________________________
Is a member of the All India Central Excise Inspectors’ Association (AICEIA).

Signature of the Secretary General, AICEIA
.…………………... . .….….………………………...……………- cut here & submit to DDO -
Letter of Authorisation
[Authority: O.M. No. 2/10/80-JCA, dated 31-1-1994]
I, ______________________________________________________________ (Name and Designation) being a member of the All India Central Excise Inspectors’ Association, hereby, authorise deduction of monthly subscription of Rs. 20 (Rupees twenty only) from my salary and authorize its payment to (Name of the Branch/Circle )................................................................................................................................................ Signature & Initial