Tuesday, September 30, 2014

Greetings to Newly Promoted Officers

Posted by Secretary General on 9/30/2014 08:12:00 PM with 1 comment
It is a matter of joy that a large number of members of this Association have got their much due promotion to the grade of Superintendent. On this occasion, the undersigned, on behalf of all the members of this Association, heartily congratulates the outgoing members of the Association and welcomes new entrant in our Cadre/Association.  We wish them all the best for their future assignments.

The undersigned also takes this opportunity to thank all the departing members of our Association for their valuable contribution to the growth of this Cadre/Association and requests all of them to continue with the bonding made in a long time. Dear Comrades, we have not achieved any remarkable thing, it was overdue and we should not stop fight for our rights.  It is also requested to continue the fight for removal of Stagnation and Regional Disparities in promotion, wherever you are and whatever you are.  By way of our continuous fight and our unbreakable unity, we will achieve the better working atmosphere and better future prospects. 

Wishing you all grand success in life & career!  

Yours fraternally,

Abhishek Kamal
Secretary General

Saturday, September 27, 2014

Updates from Delhi

Posted by Secretary General on 9/27/2014 08:32:00 PM with 1 comment
As is known to all, the CBEC & its organizations have moved ahead on the path of Cadre Restructuring without taking into considerations the submissions made by this Association time & again. This unilateral move of CBEC has failed to deliver justice not only to Cadre but is against the aims & objectives of CR, causing a lot of litigations in the Hon’ble CAT Benches at New Delhi, Ahmedabad, Mumbai etc. This is a serious situation where either way the interest of the Cadre is at stake.

The Office-Bearers of the National Body of this Association discussed the ongoing scenario and brought the matter to the competent authority at New Delhi which in turn invited us for a discussion. It was decided that the Association would be represented by a delegation consisting of Abhishek Kamal, Secretary General, Shri Devender Kumar, Liason Secretary and Shri Rananjay Pratap Singh, Vice-President representing West Zone.

The delegation called on DG (HRD) on 25.09.2014 and requested her to adopt a formula which may pave the way for smooth implementation of CR as the same is beneficial to the Cadre as well as to the Department. The delegation was of the view that the promotion should immediately be given to the Inspectors, who joined department before All India Merit List but Promotion should not be effected to the batch which joined through All India Examination, without implementation of All India Seniority.  The delegation apprised her regarding the stagnation continuing in Zones like Shillong, Lucknow/Meerut, Kolkata, Cochin, Jaipur, Bhopal, Patna etc. even after the implementation of Cadre Restructuring and requested her to take appropriate measures to remove the stagnation in these Zones and regional disparities in promotion. The DG (HRD) seemed convinced that in principle All India Seniority is the only way to address regional disparities in promotion to the grade of Superintendent & to remove stagnation of poor Zones, but expressed her inability in giving effect to it since SSC-1996.  On the basis of facts and figures, the delegation suggested many ways to implement All India Seniority from SSC-1996.  The DG (HRD) expressed hope that All India Seniority may be implemented from 2014, on this, the delegation asserted that the same should be from SSC-1996 itself i.e. from the time when the first batch of Inspectors was recruited on All India Basis. This was countered by DG (HRD) citing the huge inconvenience but the argument was nullified by the delegation citing the recent judgment of the Hon’ble Supreme Court in the case of N R Parmar v/s. Union of India where the Hon’ble Court has clarified that inconvenience can never be cited as a cause to subvert justice. The delegation also suggested a workable formulae to fill the remaining vacant posts of Superintendents in well off Zones by way of giving promotions to the Inspectors of stagnated Zones and posting them against the vacant posts of well off Zones, but, the DG (HRD) seemed to be non-committal on this.  Discussions were also held regarding the implementation of judgment of the Hon’ble Supreme Court in the case of N R Parmar v/s. Union of India.

The delegation also called on other officials at North Block on 26.09.2014 and discussed the impact of Cadre Restructuring on our Cadre.  Regarding our query about uneven and unjustified posts allocations in Cadre Restructuring, nobody was able to respond.  The delegation suggested ways to address genuine grievances of the Cadre and showed its apprehensions and displeasure on poor functioning of the Study Group. It was also brought to the knowledge of the delegation that a Meeting with the Study Group may be fixed with recognized Staff Associations in the second week of October, 2014, which may be the last meeting of the Study Group before it submits its report. 

Apart from the above, the delegation also called on other important dignitaries, who have very crucial role to play in weeks to come in achieving the goals of the AICEIA for which the Association is committed.

Yours fraternally,

Abhishek Kamal
Secretary General

Sunday, September 21, 2014

Newly elected Office Bearers of AICEIA, Allahabad Branch

Posted by Secretary General on 9/21/2014 10:10:00 PM with No comments
Its my honour and pleasure to announce that the Convention of AICEIA, Allahabad Branch has been held on 20.09.2014 at Mahakumbh Auditorium, Central Excise, Allahabad.  The following Office Bearers have been unanimously elected to serve the cadre:-
President               -  Sh. V. S. Yadava
Vice President      -  Sh. Ritendra Sonkar  and Sh. Ambrose Soni
General Secretary -  Sh. Sujit Kumar Srivastava
Joint Secretaries    - Sh. Anil Matlani, Sh. Rajesh Prakash, Sh. Rakesh Kumar Singh & Sh. Jail Ram
Treasurer               - Md. Ajad Ansari

Yours fraternally,
Abhishek Kamal
Secretary General

Monday, September 8, 2014

Minutes of the Co-ordination Meeting held on 06.09.2014 at New Delhi

Posted by Secretary General on 9/08/2014 09:53:00 PM with No comments

A C0-Ordination meeting of all Office Bearers of the national body of All India Central Excise Inspectors’ Association was held in New Delhi on 06.09.2014.  In absence of the President and Working President, Sh. A. I. Abbasi, Vice President (North) chaired the meeting.  The main agenda of the meeting was to review the recent developments like CBEC unilateral announcement of Cadre-Restructuring and our future course of action; 7th CPC, TARC, GST and other organizational matters.  Many of the Circles/Branches sent their agenda points/suggestions/views/comments for the meeting and we discussed each and every point in details, the same are, as under:-

Issues related to Cadre Restructuring:-


During the meeting, we reviewed the present stagnation position of every zone and effect of Cadre Restructuring. We also discussed several CAT cases filed/going to be filed across the country in order to get All India Seniority for Inspectors.  We found that the Cadre-Restructuring is not going to address the regional disparity in our Cadre as there is no proper justification of CBEC posts-allocation.  Some of the well-off zones got ample posts of the Superintendents so that all Inspectors of eight years will be promoted to the next grade whereas, many of the stagnated zones got as little posts as they will remain stagnated in years and years to come.  Hence, the CR is not able to solve the problems of Stagnation and Regional Disparities. 


There are two main reasons that our Cadre is suspicious about the CR:-1. Improper posts-allocation in different zones and there is no uniformity in posts-allocation.  This will result in mass dissatisfaction and poorer promotional avenues for the Inspectors posted in those zones.  2. All India Seniority of Inspectors- The CBEC has rolled out CR without implementing All India Seniority of Inspectors, this will result as Juniors posted in well-off zones will get promotion prior to their Seniors in same merit lists which is mass violation of guidelines on Seniority Policy under DOPT’s O.M. No. 35014/2/80-Estt.(D) dated 7.2.1986 & O.M. No 22011/7/1986-Esstt. Dated 03/07/1986 and Judgment dated 09.12.1996 of Hon’ble Apex Court pronounced in the case of Radhey Shyam Singh & Others Vs Union of India.


In view of the above, the following decisions have been taken in the Co-ordination meeting:-

1.    Intervention of the Revenue Secretary, the Finance Minister and even from Hon’ble Prime Minister in order to get proper posts-allocation for stagnated zones like Lucknow, Meerut, Kolkata, Cochin, Jaipur, Bhopal, Chennai, Patna etc. and implementation of All India Seniority for Inspectors  since 1996 batch (joined in 2003). 

2.    Arrangement of Media Coverage in order to raise our voice against the sufferings of the cadre.

3.    There should have an option for the Inspectors of stagnated zones to move other zones on promotion, if there is vacancy in the grade of Superintendent and the same remained vacant due to ineligible candidate.   

4.    Since, All India Seniority has already been demanded by the Resolutions passed in the Convention/CECs of the AICEIA, we are bound to fight for the All India Seniority.  During the meeting, it has been decided to morally, legally and financially support the individual/groups in CAT cases for All India Seniority.

5.    The proposed agitational plan of Kolkata Circle like wearing Black Badges, lunch-hour demonstration etc. from 08.09.2014 to 11.09.2014 were discussed and appreciated by all. It has been decided that, if above actions will not get desired results, we will opt the path of agitation on Pan-India-basis.


Organizational Issues:-


The work done by the newly elected body of AICEIA during its short tenure of two months was reviewed in the meeting and the following points discussed to make association more strong & participatory:-

1.    Ways and initiative to increase the membership of the Association- We discussed the performance of every branch/circle and found that many zones/circles need to work in a manner that fulfills the genuine rights of its members.  Many zones need to enhance the memberships.  For this, all Joint Secretaries/Vice-Presidents of national body will co-ordinate to the General Secretaries and Presidents of their jurisdiction and help them in order to reach to even the Inspectors posted at remote areas. 

2.    The Joint Secretary/Vice-Presidents of National Body will collect the data related to each and every zones, where election is inevitable either due to completion of tenure or due to the promotion in the CR.  After identifying those circles/branches, election shall be organized on priority basis.

3.    The Joint Consultative Mechanism is a effective mechanism to address the problems of staffs.  We have observed that several issues of Inspectors posted at different zones remain unattended for many months, which result in dissatisfaction among Inspectors.  So, all the Joint Secretaries/Vice Presidents need to liaison with Circles/Branches and help office bearers of circles/branches of AICEIA in convening Office Council of JCM in their zones. 

4.    All Circles/Branches need to start Website/Blogs/FB pages in order to reach every member of circles/branches. It is also necessary to keep our members updated about Associations activities and day to day administrative affairs.

5.    During the meeting, it was observed that despite lapse of two months, no visit of office bearers of national body took place in different circles/branches.  Hence, it has been decided to find out the circles/branches/zones, which need immediate attention and there will be visits of national office bearers in order to strengthen the association and increasing membership.  A committee has been formed consisting of Sh. Rajesh Kumar, Organizing Secretary; Sh. Devendra Kumar, Liaison Secretary and Sh. Rananjay Pratap Singh, Vice President (West) to find out the circles/branches/zones, which need to be visited by the national office bearers.

6.    No letters/representation should be forwarded to any authority like Board/DGHRD/Ministry etc. directly by any of the Office Bearers of Circles/Branches.

7.    CEC meeting of the AICEIA is due in December, 2014 and two Circles i.e. Lucknow and Kolkata are working on it.  The venue and dates of the CEC will be decided in due course.

8.    On January 25th 2014, an Annual Lecture Series on “Participatory Governance” was started by the AICEIA like an institution and the same is due in January, 2015.  Hence, during the meeting, it was decided to organize the Annual Lecture Series on 25.01.2015 (Sunday).  The details of the programme will be announced soon.

9.    On Tax Administrative Reform Commission, it was decided to form consolidated views of all branch and circles before meeting to the commission so that there will be uniformity in our views. 

10. Recently, the CBEC has issued a letter vide F.No. A-32022/06/2014-Ad.IIIA dated 03.09.2014 to the Chief Commissioner of Customs (General), Mumbai on captioned subject “Inter-se Seniority of direct recruits and promotes-instructions thereof-regarding”.  In the meeting, it was decided that the SG should write to the CBEC to direct all Zones of Central Excise to implement this.

11. Since the Government of India is planning to roll out GST, it has been decided to have a close watch on government’s proposals and the interests of the Cadre.  It is necessary to protect the interest of the cadre during the implementation of the same.  Hence, the national body of the Association has assigned the task to study the pros & cons of proposals on GST to                Sh. Rajashish Dutta, Joint Secretary (East) and we urge every Circle/Branches to form a group of Inspectors to monitor the proposals/plans of GST and start the work of data collection so that we will be able to protect our interest.

12. During the meeting, Sh. Manish Kumar Verma, newly nominated Treasurer & Office Secretary assume the charge.  His mobile number is 09308892525 and email id is mkv.7786@rediffmail.com.

Tuesday, September 2, 2014

F.No. AICEIA/Study Group/HRD/2014/13                       Date:01.09.2014                               
Shri Sanjai Srivastava,
The AAD (Policy),
DGHRD, Central Board of Excise & Customs,
409/8, Deep Shikha, Rajendra Place,
New Delhi-110 008.

         Sub: - Acute Stagnation in Group ‘B’ Executive grades:-Analysis of various options
                     available to address the problem - Reg.
Sir, Please refer to the minutes of the meeting held on 31.07.2014 issued vide letter F.No.8/B/194/HRD (HRM)/2013/3091 dated 21.08.2014.

                In the said meeting dated 31.07.2014, we had submitted our representation vide letter F.No. AICEIA/Study Group/HRD/2014/09 dated 31.07.2014 (copy enclosed). During the meeting, all the suggestions mentioned in our representation were discussed in very clear and convincing manner and many of them were accepted and agreed upon but the same have not been incorporated in the said Minutes.  We repeatedly requested thorough our various letters and categorically requested in the meeting to give some interim relief/report and the same was agreed by the department side but we do not find the same in the said minutes.  Further, we also requested the Study Group many times vide our letters even no. 07 dated 15.07.2014 and 09 dated 31.07.2014 (copies enclosed) and also requested during the meeting to submit the recommendations of the study group before the implementation of the same before Cadre Restructuring is rolled out in CBEC and if CR is rolled out without following the recommendations of the Study Group, there will be no meaning of the Study Group.  The Study Group has been formed by the CBEC pursuant to AICEIA taking up the matter with Revenue Secretary, Govt. of India who subsequently directed CBEC to address the problem of stagnation and regional disparity. Since, the CR has been rolled out without even waiting the recommendations of the Study Group, there are chances that problems of stagnation & regional disparity do not get redressed this time.  Hence, the very essence, spirit and efforts of the authority to constitute the Study Group will suffer and there is no meaning of the Study Group.

We had also requested to draw a detailed minutes, in which all of our submissions along with the views/actions required from the department side should be incorporated whether they are possible or not.   If any of our points is not practical, the reason of its impracticality must be incorporated in the minuets.  By going through the said minutes, it is crystal clear that some of our points have not found any place in the said minutes whether the same was agreed upon or not. 

It has been noticed that the said minutes is incomplete and appears as more of a brief based on memory than minutes of the said meeting. It is quite evident from the fact that our submissions like not to change the residency period for Inspectors of Central Excise for promotion to the Grade of Superintendent of Central Excise have no reflection in the said minutes.  Hence, it is requested to draw a fresh Minutes of the meeting held on 31.07.2014 in the office of DGHRD, Saket, New Delhi with the following points (with detailed views of department on every points), which were already discussed during the meeting and presented in written also:-

1.    Filling up of vacancies of the post of Superintendents of Central Excise arising out of the ongoing Cadre Restructuring exercise in the CBEC must be done in a manner which permanently removes the disparities among the 15 Cadre Control Zones in promotions of Inspectors to the Superintendent of Central Excise.
2.    Seniority of Inspectors must be drawn on All India basis: - On 9.12.1996 Hon’ble Apex Court pronounced the judgement in case of Radhey Shyam Singh & Others Vs Union of India & Others and quashed the Zonal Selection Process and directed to Conduct the examinations on All India Basis and thereby make selection on the basis of All India Merit List.  Hence, an All India Seniority of Inspectors must be adopted effective 1996 before implementation of Cadre Restructuring, which is also mandated by the DoPT’s OM dated 1986 (copy enclosed).  Further, the following points are important while deciding All India Seniority of Inspectors:-
i.                     The first batch of Inspector so selected by SSC belongs to 1996, who were selected after Re-examination taken by SSC based on the above said judgement of the Hon’ble Supreme Court and none of them have not got promotion in any zone, so far and thereby providing the hassle-free opportunity to the Board for implementing All India Seniority of Inspectors from 1996.
ii.                   CBEC had provided “All India Transfer Liability” to the Inspectors of Central Excise appointed on the basis of Combined Graduate Level Examination 2003, vide Board’s letter F.No. A. 32022/19/2008 - -Ad.III.A dated 19.11.2010 (copy enclosed). Accordingly, the OFFICE MEMORANDUM (appointment letter) issued to the Inspectors (CE) had been amended whereunder the Clause (xi) of the OFFICE MEMORANDUM (Appointment letter), as mentioned above, has been superseded by the following clause: - (xi) He/She is granted the provision of “All India Transfer Liability”.
iii.                  CBEC also provide “All India Transfer Liability” to the Inspectors of Central Excise appointed on the basis of SSC Graduate Level Examination, 2005 vide Board’s letter F. NO. A-12034/SSC/2/2008-AD.III(B) dated 28.07.2008 (copy enclosed).
iv.                 It is worthy to mention here that the above mentioned Terms & Conditions shall necessarily be treated as a part of their service condition and thereby a part of the Recruitment Rule for the said post, which has not been framed so far, in a long span of almost 12 Years.

v.                   It is to submit that, vide Board’s letter F. No. C 18013 /100 /2003   AD. III. B dated 24.10.2007, the post of Inspector (C. Ex.), Inspector ( P.O.), and Inspector ( Examiner)  under CBEC in the pay scale of  6500-10500 re-classified as Group ‘B’ Non- Gazetted w.e.f. 11.12.2003 but, no Recruitment Rule was made for the newly up-graded post of  Inspector (CE) (Gr. – B Non-gazetted), so far. The RR for the post of Inspector CE as Gr-B (NG) should have been made within 03 months in terms of DoPTs guidelines (Ref:-GUIDELINES ON FRAMING / AMENDMENT / RELAXATION OF RECRUITMENT RULES – issued by DOPT)

vi.                 The DoPT has also mandated the All India Seniority by way of deleting para 3.5 of the OM dated 03/07/1986 which provided the loss of seniority on Zonal Transfer. It was done by the DoPT vide OM dated 11.11.2010.

vii.                It is noteworthy to mention here that on the personnel policy matters, DoPT being nodal Department is required to be consulted by all administrative Ministries / Departments before issuing any instructions / guidelines relating to personnel policy matters of Central Government Employees. Thus, the OMs/guidelines issued by the DoPT may please be referred to, which legally and statutorily mandates the All India Seniority for the Inspectors CE, selected based on All India Merit list drawn by the selecting agency, i.e. SSC, in the light of Hon’ble Apex Court’s judgment dated 9/12/1996.

viii.              It is pertinent to quote here that Para 2.1 of D.O.P.T. O.M. Dated 03.07.1986 stipulates that in accordance with MHA O.M. No. 9/11/55-RPS Dated 22.12.59 “The relative seniority of all direct recruits is determined by the order of merit in which they are selected for such appointment on the recommendations of the UPSC or other selecting authority, persons appointed as a result of an earlier selection being senior to those appointed as a result of a subsequent selection”.
ix.                 From the same, it is quite clear that for all the direct recruits, selected by same exam, there has to be a single seniority list.  Also in the light of guidelines on Seniority Policy under DOPT’s O.M. No. 35014/2/80-Estt.(D) dated 7.2.1986 & O.M. No 22011/7/1986-Esstt. Dated 03/07/1986, no junior in selection made through ‘All-India-merit-list’ should be promoted before his/her senior of the same list. For the same, Seniority of Inspectors must be drawn on All India basis, effective 1996.
x.                   Promotion of any Inspector recruited under the All India Merit List, without taking into account of OMs/guidelines issued by the nodal Department may lead to flood of litigation and court cases all along.

In view of above, All India Seniority of Inspectors CE since 1996 batch (joined in 2003) is the only legitimate and judicious way out to eradicate intra-cadre disparity in promotion of Inspector CE to the post of Superintendent CE among different CCAs. This can easily be done by way of promoting all the Inspectors CE who belongs to Zonal-Selection process i.e. appointed prior to the above said judgement and for the All India Selection batches, All India Seniority can be done, without creating any administrative and statutory/legal crisis.

3.                   Suggestions on the Revision of Recruitment Rules of Superintendent of Central Excise and IRS (C&CE) was sent vide Association’s letter Ref. No. AICEIA/CBEC/RR/2014 dated 11.02.2014 (copy enclosed) should be considered before implementation of Cadre Restructuring.  The key point of the suggestions on revision of RR of IRS (C&CE) are as under, for ready reference:-
i.                     To address the regional disparity in promotion- The seniority of the officers in the eligibility list (for promotion to IRS) shall be prepared on the basis of combine length of service in the grades of Inspector of Central Excise and Superintendent of Central Excise or Inspectors and District Opium Officers/Intelligence Officers/Superintendent (Executive) in the Narcotics Department.  Since, the issue of stagnation is exceptional among all service, to check this issue exceptional remedies are needed.
ii.                   To improve the number of vacancies available for promotion at the lowest functional level of IRS (C&CE) and addressing the problem of Stagnation-Twenty five percent of vacancies in the Grade of Assistant Commissioner of Customs & Central Excise shall be filled by direct recruitment and seventy five percent of the vacancies shall be filled by promotion.  This is in line with the recruitment rule of India Postal Service and would increase the promotion prospects of Group-B cadres due to increase in the number of posts to be filled by promotion, as well as protect the direct recruits from stagnation.
4.                   A new organized service be created under the CBEC, for a start even with just Group “B” executives as part of it, if it is not considered possible immediately with Group “A” posts also in the new service to tap the vast pool of skilled and specialized work force available in the CBEC and to ensure time-bound promotions to these cadres also.
5.                   Promotion of all Inspectors, who have completed eight years of service: - We seek upgradation as Superintendent of Central Excise of all Inspectors in the country who have completed eight years of service.  This measure will not entail any significant burden on the exchequer since in any case Inspectors get entitled for salary of a Superintendent by way of MACPS on completion of 10 years of service.  As far as functional issues are concern, it is an undeniable fact that in almost all formations of the department there is practically no difference in the work of a Superintendent and Inspectors of Central Excise.  It is also pertinent to mention that in 1996-97, an upgradation of Inspectors to Superintendents was done with the sole purpose of mitigating the condition of stagnation obtaining then, which wasn’t as grave as it is today.  The copy of Board’s letter dated 10.09.1996 is enclosed herewith.
6.                   Merger/Unification of three Group “B” Executive Non-gazetted cadres into one cadre: -   The Director General (HRD), Customs & Central Excise also recommended the same saying that this is the most feasible option, as it has the potential to end forever the problem of inter-cadre disparities in promotional avenues in the said Inspector grade cadres [Copy of letter dated 07.05.2014 issued by the ADG (HRM) enclosed]. Letters submitted by this Association bearing F. No. AICEIA/Merger/HRD/2012/03 dated 19.05.2014 and even no. 02 dated 12.05.2014 is very germane to the issue at hand and the copies of the same are enclosed herewith for consideration accordingly.
7.                   Immediate scraping of any move to reduce Residency Period for promotion of Inspectors to the grade of Superintendents of Central Excise before All India Seniority for Inspector is brought in and all regional disparities in promotions within the cadre eliminated permanently.
In view of the above, it is requested to draw a fresh Minutes of the said meeting with the details views of the department on each and every point, as discussed in the said meeting.  Further, it is also to intimate that we have not received the minutes of the meeting held on 19.05.2014 in the office of DGHRD despite our several requests vide letters  F. No. AICEIA/Merger/HRD/2012/04 dated 12.06.2014, AICEIA/Merger/HRD/2014/05 dated 15.07.2014 and letter no. 06 dated 15.07.2014 (copies enclosed).  Hence, we are not sure if any committee/study Group is willing to solve the issues of regional disparity and stagnation or not.  However, we once again request you to redraw the Minutes of the meeting held on 31.07.2014 keeping in view all the points submitted during the said meeting and provide the Minutes of the meeting held on 19.05.2014.
Thanking you.       
                           Encl. As above (Thirteen sheets)                          
Yours faithfully,

(Abhishek Kamal)
Secretary General
Copy for information to:-
  1. The Revenue Secretary, Govt. of India, North Block, New Delhi.
  2. The Chairperson, CBEC, North Blok, New Delhi.
  3. The Additional Director General, Center of Excellence, NACEN, 3rd Floor, Tower-3 & 4, NBCC Plaza, Sector-5, Pushp Vihar, Saket, New Delhi- 110 017.

                                                                                                                                                                                                                                                                                                                                                                                                                                         (Abhishek Kamal)
Secretary General