The new pension scheme introduced by the Union Government for Central Govt. employees has been challenged in the Madras Bench of the Central Administrative Tribunal.

The new pension scheme introduced by the Union Government for Central Government  employees has been challenged in the Madras Bench of the Central Administrative Tribunal by the railway employees.

An employee of the southern railway and Dakshin Railway Employees Union (DREU) have challenged the scheme terming it unconstitutional and invalid.

According to the new scheme, employees appointed on or after 01.01.2004 in the Railways would be governed by the new pension scheme which would be governed by 'Pension Fund Regulatory Development Authority' which would function under the overall control of Ministry of Finance. According to the new scheme, 10% of Pay and DA of an employee would be deducted and an equal amount would be contributed by the central government.  

The entire pension scheme is being authorized through various executive orders, which cannot be done to govern the retirement benefits of government employees which has to be in tune with Articles 41 to 43 of the Constitution, alleges the application. The notifications issued by the government constituting PFRDA dated 10.10.2003 and 14.11.2008 are unconstitutional, as they have not been issued by the President of India and authenticated as required under Article 77 of the Constitution and the ordnance sanctioning this also lapsed in 2005, which renders the entire process without authority of law alleges DREU in its application.

The new pension scheme, which is mandatory to government employees curtails them from exercising any option said V. Daniel, a Helper in Southern Railway. According to the New Pension Scheme, any citizen of India can join the Scheme and they can choose their Fund Managers or opt for different schemes whereas no such option is available to government servants.

The application also raised serious apprehension over the way in which their funds are being exposed to market risk and they cite the risk clause in the offer document of the NPS which says that "there are no guarantee on investments and investments involve risks such as trading volumes, settlement risk, liquidity risk, default risk, including possible loss of principal'. The application also cited the statement of PFRDA Chairman that pension fund managers regulated by PFRDA are not giving minimum guarantee on returns in their products. 

Besides seeking quashing of the notification and grant retiral benefits to all employees on par with those who joined prior to January 1994, the application sought an interim injunction against the notification and also to release family pension and gratuity to certain employees who died after the introduction of the new scheme.

The matter came up before the Madras Bench of the CAT comprising Members K. Elango and R. Satapathy. Counsel R. Vaigai advanced arguments on behalf of the DREU and highlighted how the funds of the employees are being entrusted with private players and are subjected to undue risks. She also apprised the Bench that the government as an employer cannot transfer its funds to a private player and expect him to discharge government's obligation.  

After hearing the arguments on behalf of the applicant and of the central government, the Bench ordered interim relief directing the railway authorities to offer gratuity and family pension to all employees who joined after January 2004 within four weeks from the date of application and posted the matter for June 1.

source: Lawetalnews.com

NOTICE FOR XVIth CONVENTION

Congratulation for this mammoth success

 CONGRATULATION

The overwhelming response to the call given by the Central Excise Group-‘B’ executive officers and joint action committee in C.B.E.C brought a fighting spirit within the different cadres in CBEC. The totality of participation in the agitation programme on 20^th April 2011 right from Kashmir to Kerala in one hand and Meghalaya to Rajasthan on the other is attributed to be a great success in the history of the organizational action programme in recent times. Our next programme of action is one day mass fasting  at Jantar mantar. Units like Rajasthan, Merut, Kanpur & Chandigarh are requested to bring at least 50nos of Inspectors from each of these Circles/ Branches. Other Circles/ Branches are requested to send at least 10 representatives on 6^th of May 2011 at New Delhi while for Delhi circle the no.of Inspectors required to be gathered in front of Jantar Mantar New Delhi is 500 nos. We are expecting a gathering of nearly 2000 Inspectors and superintendents on 6^th of May 2011. In the mean time most of our leaders through out the country got call from State Intelligence Bureau for the detail of the action programme, which clearly indicates that we have hammered at a right time to the right point. Come what may the employees and workers of CBEC are setting up for a historical movement in future if government continues this reluctance towards the revenue earning employees and workers. We request all concerns to continue their campaign in every corner of this country and make people aware for the necessity of such movement. A massive poster campaign in this regard is highly solicited. 

सेंट्रल एक्साइज के कर्मियों ने धरना दिया

जम्मू & सेंट्रल एक्साइज इंप्लाइज एसोसिएशन के बैनर तले एक्साइज विभाग के कर्मचारियों ने अपने कार्यालय के बाहर बुधवार को धरना प्रदर्शन किया। उन्होंने सरकार पर उनकी मांगों की अनदेखी का आरोप लगाते हुए जोरदार नारेबाजी की। उनकी मांग है कि उनकी पदोन्नति को लेकर लटका पडा मामला जल्द सुलझाया जाए। एसोसिएशन की ओर से सरकार को अल्टीमेटम दिया गया है कि शीघ्र इस बारे में निर्णय लिया जाए अन्यथा उन्हें अपना आंदोलन तेज करना होगा। बताते चलें कि एसोसिएशन की ओर से पिछले काफी समय से यह मांग उठाई जा रही है।

Notic submitted by JAC to Finance Minister

The letter signed by our Association on 6th of April 2011 submitted to Finance Minister with some corrections, Central Excise Ministerial Association had not signed the letter.

CIRCULAR 04/11

    Dated: 11.04.2011

                                           CIRCULAR- 04/11

Dear Comrades,

In continuation of the efforts made by the All India Associations of Superintendent and Inspector of Central Excise, Customs & S. Tax, a joint meeting of the leaders of All India Associations of Minsterial, Sepoys, Inspector & Superintendent cadres was held at New Delhi on 05.04.2011. Unfortunately on 6^th of April 2011 at New Delhi Central Excise Ministerial Association declined to go for agitation.

However, with other organizations it was agreed that the common agenda for all the associations is restructuring and the agitation programme will be taken up in a phased manner which will start from 20^th April, 2011 culminating to one day mass casual leave on 27^th of May; the next phase of action will be a huge parliament rally at the time of Badal session of the parliament.

At this point the major chunk of the CBEC which includes nearly Thirty (30) thousand employees altogether, i.e. Inspectors and Superintendents of Central Excise chalked out the following agenda points and decided to add one more day in the list of the agitation programme i.e. 6^th of May, on that date at least 2000 Inspectors and Superintendents of Central Excise shall go for whole day fasting in front of Jantar Mantar.

                                        CHARTER OF DEMAND

1.                    Posts of Assistant Commissioners arising out of cadre re-structuring should be filled up on the basis of stagnation in relaxation of the provisions of recruitment rule to ensure parity among the three feeder cadres of Superintendent of Central Excise, Superintendent of Customs and Appraisers.

2.                    Parity in promotion among different seniority zone in Central Excise Group B Executive cadre and between Group B Executive cadres in Customs must be ensured.

3.                    An Appraiser/Superintendent of Customs promotee junior to a Superintendent of Central Excise should not be posted as his/her Assistant Commissioner.

4.                    The in-situ promotion scheme should be finalized expeditiously in consultation with the recognized associations of the stake holders.

5.                    Fixation of pay of Inspectors/Superintendents in the pre-revised scale of 6500-10500/7500-12000 should be made notionally with effect from 01.01.1996.
6.            Inter Commissionerate transfer on all compassionate grounds should be made available in terms of the Board’s circular dated 20.05.1980.

   7.   The pay of the cadre of Superintendents should be upgraded to  Grade Pay    of Rs.5400/- in Pay Band II on par with analogous cadres

    8.       Minuted meetings/JCM s should be conducted at the Board level and at local level with the recognized association of Inspectors/Superintendents at regular intervals.

    9.       The 1% incentive on incremental revenue should be utilized for providing facilities and infrastructure for all staffs.

We would like to reiterate the agitation programme as proposed by the Co-ordination Committee is :

1.    Lunch Hour demonstration in front of every chief Commissioners office along with submission of charter of demand on 20^th of April, 2011.

2.    Whole day dharna programme in front of Jantar Mantar on 6^th May 2011.

3.    One day mass casual leave on 18^th May 2011.

 To make the 20^th April, 2011 programme a grand success all the Branch and circle secretaries are hereby requested to send our charter of demand to the Chairman, CBEC and Revenue Secretary through proper channel.

Only the Delhi circle committee shall participate at Jantar Mantar in full strength, to gather Inspectors at Jantar Mantar responsibility will be vested on General secretary and President of Delhi circle committee. A skeleton representation will be there from Meerut, Chandigarh and Rajasthan. In all other head quarters there should be proper slogan shouting on the chater of demand placed by our Association along with the following points raised by confederation of Central Government employees and workers:

1. Stop price rise; strengthen the PDS.

2. Stop downsizing, outsourcing, contractorisation, coporatorisation and privatization of

Governmental functions

3. Fill up all vacant posts and create posts on functional requirements

4. Revise wages of CGEs with effect from 1.1.2011 and every five years thereafter.

5. Scrap the New Pension Scheme and extend the statutory defined benefited pension to  all Central Govt. employees irrespective of the date of recruitment.

6. Regularize the GDS, daily rated workers, contingent and casual workers by brining about  a definite scheme of regularization.

7. Remove restriction imposed on compassionate appointment ( end the discrimination on  compassionate appointment between the Railway workers and other CGEs)

8. Stop the move to introduce the productivity linked wage system; Performance related  pay; introduce PLB to in all Departments; remove the ceiling of emoluments for bonus  computation
9. Settle all items of anomalies (including the MACP related anomalies) raised in the National and Departmental Anomaly committees within a fixed time frame of two months; set up the anomaly committees in those Departments where it has not been set up till date with the Standing Committee members of the National Council; convene the meeting of the Departmental Council in all Ministries/Department once in three month as envisaged in the JCM Scheme

10.Make the right to strike a legal right and stop curtailment of T.U. rights

11.Implement all arbitration awards

12.Raise the interest rate for GPF. Revise the OTA and Night duty allowance and stitching and clothing rates of uniforms

13.Merge DA with Pay for all purposes including pension as and when the DA rates croses the 50% mark.

14.Vacate all Trade Union victimizations.

All the Branch and circle Committees are requested to make preparation for the 6^th May Hunger Dharna infront of Jantar Mantar. We would like to request every unit to bring at least 10 representatives from their circle/ branch to make 6^th may 2011 programme a grand success.

In our earlier circular we have already communicated that the  XVIth convention of AICEIA is going to be held at Bangalore on 10^th & 11^th of June 2011. The notice will be issued shortly all the units are requested to complete the process of train reservation etc forthwith.

 To

The President,

All office Bearers,

Circle and Branch Secretaries                                Comradely Yours

For wide circulation  

                                                            

                                                     ( KOUSIK ROY )

Notice of Agitation submitted from Co-ordination Committee

Dear friends,

                    Now, you are well aware of the 5th April meeting that was convened in the C.R. Building, New Delhi, all the association of Group'B', 'C' & 'D' were present there, the update of the meeting we don't want to reiterate.In that meeting it was decided that the Joint action committee of Associations in C.B.E.C shall sit together and chalk out the future movement on 6th April'11, unfortunately on 6th morning C.ex. Ministerial Association were not present in the meeting for the fact  that they have to discuss the programme in their working committee before participating in such programme, all the other organisations were quite positive and decided not to go for any Parliament Rally as proposed by Superintendent Association on 19th May rather JAC shall go for one day mass casual leave on27th of May. As discussed and decided in the JAC a letter addressed to F.M. drafted which is still awaiting approval of our Ministerial Association. Immediately after signing the letter addressed to F.M. we have intimated Superintendent Association about the change of programme as 'mass casual leave' and the date was shifted from 19th to 27th of May'11 by JAC; Superintendent Association immediately accepted that proposal, accordingly Co-ordination committee of Inspectors & Superintendents has submitted their notice of agitation to Chairman, C.B.E.C; the most unfortunate incident is that by not signing the letter to F.M and not intimating the same to Inspectors Association a few other organisations in C.B.E.C had unknowingly strengthened the hand of our authority.
We request our Circle/ and branch committees to convene emergency meeting forthwith and create Co-ordination Committee and JAC in their jurisdiction immediately.

Delhi Diary

5^th April, 2011

It was an eventful day for us in the Capital today. The first important assignment was that we met the Chairman, CBEC and handed over copies of earlier representations submitted earlier regarding the AICEIA’s views on the in-situ promotion proposals presently under consideration of the Board; the procedure to be followed for conducting DPC’s for promotion from Inspector to Superintendent, especially in the wake of DOP&T’s OM dated 11.03.2011 on this subject; and our demand to lift the ban on ICT’s similar to the one being followed in CBDT. All these issues were discussed at length with the Chairman, and it was conveyed to him that so many matters including these were not being resolved despite repeated representations by us, and if the  Department  fails to redress our grievances, we have no option but to resort to a programme of   agitation very soon in a coordinated manner with all other Associations of Central Excise and Customs. The Chairman informed us that all these matters are being actively worked upon in the Board, and that he is in regular contact with all wings and agencies concerned, both within and outside the Board, especially  those  involved in the cadre-restrucuring exercise, and outstanding issues are expected to be adequately addressed very soon. He   carefully went through our representations and immediately called for  action-taken / current status reports  on the same from the concerned Board Officials.  

Thereafter, we called on the Member (P&V) and impressed upon her too the anguish of the Association on the interminable delays that are being encountered in the resolution of the acute problems being faced by the cadre, and that the members are running out of patience and that we are forced to embark on a programme of agitation with all other Associations of Groups B and C personnel of  Excise and Customs. The Member’s attention was invited to all the long-pending demands of the Association, and the divergent practices being followed in different zones in conducting DPC’s for promotion from Inspector to Superintendent. It was assured by her that she will  be taking up these matters on priority.

Following this the meeting of the Anomalies Committee of the Department of Revenue  chaired by the Special Secretary (Revenue) was held, in which we along with representatives of all recognised  Staff Federations / Associations  under the CBDT/CBEC/Deptt. of Economic Affairs/ Deptt. of Expenditure participated . Nothing much to write home about this meeting, since it was ruled that most of the points sponsored by the participants from the Staff side, though having considerable merit, could not be deliberated upon   since they, being beyond the scope of “Anomaly” as defined for the purpose by DOPT,  lay outside the purview of the  Committee.  The one silver lining, however, was that the Chairman of the Committee, Shri K. Jose Cyriac  Special Secretary (Revenue), conceded the insistent demand of the Staff side, espoused very forcefully especially by the Secretary General of the Confederation of Central Government Employees and Workers Com. K K N Kutty, that the long-defunct Departmental Council be revived. It was assured by the official side that within the next three months a meeting of Departmental Council would be convened. This is a significant step forward, and would provide an effective institutionalised mechanism to highlight our problems and demands.

Then we continued with the ongoing process of persuasion with various sections of the Board dealing with the different administrative/ establishment/pay-related issues concerning our cadre. To summarise the information that we could collect from the concerned quarters :- in the matter relating to stepping up of pay of a senior drawing pay less than a  junior DR Inspector or promotee Inspector promoted after 1.1.2006 but before 1.1.2008 who has opted for revised pay structure,  some definite progress is there, and a draft clarification on the lines of that issued by CBDT has been prepared  and the same is expected to be issued soon; the grant of MACP to promotee Inspectors without counting promotion from UDC to TA , as also in the related issue of Inspectors promoted from the cadre of stenographers, the matter is moving in a positive direction, albeit slowly. We have earnestly requested the concerned officials to speed up the matter. It was also learnt that on the ICT issue, the Board is favourably disposed towards the demand for lifting the ban, and the relevant file is moving fast.     

The final event of the day was a meeting in the evening at the Central Revenue Building in New Delhi participated by the All India leadership of almost all the Associations of Central Excise and Customs of this country, which perhaps, this Department has never  witnessed earlier. For two hours all the burning issues were discussed and analysed by the representatives of the Superintendents, Inspectors, Ministerial Officers, and the Group C Executives of Central Excise, and the Group C Executive and Ministerial Officers of Customs. A consensus was finally arrived at that a common phased programme of agitation would be announced very shortly which would begin with Dharna at Jantar Mantar, New Delhi by representatives of  all the said Associations (tentatively on 20^th April 2011) and simultaneous lunch-hour protest demonstrations at all Hqrs offices on that day. This is intended to coincide with and show our solidarity with the protest programme called for on that day by the Confederation of Central Government Employees and Workers, which includes such demands as raising the rate of interst on GPF deposits, and scrapping of the highly anti-employee PERFDA. It was broadly agreed upon that all agitational programmes would be called identically by all the concerned Associations, with each Association having their own independent Charters of Demands. Also agreed upon was that  each constituent Association would insist that the Board/Ministry hold discussions jointly with all recognized Associations concerned.

AJIT  KUMAR K.G.

ASSISTANT SECRETARY GENERAL

CIRCULAR- 03/11

                                                                                                      Dated: 01.04.2011

                                           CIRCULAR- 03/11

Dear Comrades,

In continuation of the efforts made by both the Associations of Superintendent and Inspector of Central Excise, Customs & S. Tax, Bhubaneswar Unit, a joint meeting of the leaders of All India Associations of Inspector & Superintendent cadres was held at New Delhi on 23.03.2011. All India representatives participated in the meeting are as follows-

S/Shri

1. S. K. Pareek, President of All India Association Central Excise Gazetted Executive Officers (AIACEGEO).
2. C. S. Sharma, Office Secretary (also President of Delhi Unit) of All India Association Central Excise Gazetted Executive Officers (AIACEGEO).
3. Arun Zachariah. P. President All India Central Excise Inspectors Association(AICEIA).
4. H.S.Bajaj Working President All India Central Excise Inspectors Association (AICEIA).
5. Kousik Roy, Secretary General of All India Central Excise Inspectors’ Association (AICEIA).
6. Ajit Kumar K.G. Assistant Secretary General of All India Central Excise Inspectors’ Association (AICEIA).
7. Shibaji Ch. Nayak, Liasion Secretary of All India Central Excise Inspectors’ Association (AICEIA).

It was unanimously agreed upon to fight the common causes of both the cadres from a Joint Forum. It was unanimously agreed that the agitation programme will be taken up in phased manner that will start from 19^th April, 2011 culminating to one day mass casual leave on 18^th May 2011. Mr. S. K. Pareek, President (AIACEGEO) proposed the name of the joint committee as Co-ordination Committee of Central Excise Group ‘B’ Executive Officers ( Inspectors’ & superintendents’)  the  common agenda points as finalized appended below :

                                        CHARTER OF DEMAND

1.                              Posts of Assistant Commissioners arising out of cadre re-structuring should be filled up on the basis of stagnation in relaxation of the provisions of recruitment rule to ensure parity among the three feeder cadres of Superintendent of Central Excise, Superintendent of Customs and Appraisers.

2.                              Parity in promotion among different seniority zone in Central Excise Group B Executive cadre and between Group B Executive cadres in Customs must be ensured.

3.                              An Appraiser/Superintendent of Customs promotee junior to a Superintendent of Central Excise should not be posted as his/her Assistant Commissioner. 

4.                             The in-situ promotion scheme should be finalized expeditiously in consultation with the recognized associations of the stake holders.

5.                              Fixation of pay of Inspectors/Superintendents in the pre-revised scale of 6500-10500/7500-12000 should be provided with  effect from 01.01.1986.

3.                              The pay of the cadre of Superintendents should be upgraded to Grade Pay of Rs. 5400/- in Pay Band II on par with analogous cadres.

4.                               Minuted meetings/JCM s should be conducted at the Board level and at local level with the recognized association of Inspectors/Superintendents at regular intervals.

5.                              The 1% incentive on incremental revenue should be utilized for providing facilities and infrastructure for all staffs.

The individual organizations are free to submit additional points if any; the points featured above shall find its place in the joint memorandum.

It was discussed that Ravi Malik and Kousik Roy shall be the Joint Convenor of the Co-ordination committee and shall pursue other organizations to join the agitational programme with their charter of demands. The agitation programme as proposed by the meeting is :

1.     Lunch Hour demonstration in front of every chief Commissioners office along with charter of demand on 19^th of April, 2011.

2.     Whole day dharna programme in front of Jantar Mantar on 6^th May 2011.

3.     One day mass casual leave on 18^th May 2011.

Meeting ended with thanks to all the participants by Shri Kousik Roy, Secretary General of All India Central Excise Inspectors’ Association (AICEIA).

In the meantime we tried to convince other organizations under J.C.A to fix on a single date for agitation against restructuring. It was decided that all the organizations shall sit together and discuss the issue on 5^th of April 2011 at C.R.Building after anomaly committee meeting.

The National Council meeting of the Confederation was held at DGFASLI Central Labour Institute Chunabatti Road, Sion, Mumbai 400 022 on Ist December, 2010 . We intimated you earlier that the meeting was attended by our Vice President South and Chennai Circle President. The meeting was presided over by Com.S.K.Vyas, President, Confederation.

Charter of demands:

1. Stop price rise; strengthen the PDS.

2. Stop downsizing, outsourcing, contractorisation, coporatorisation and privatization of

Governmental functions

3. Fill up all vacant posts and create posts on functional requirements

4. Revise wages of CGEs with effect from 1.1.2011 and every five years thereafter.

5. Scrap the New Pension Scheme and extend the statutory defined benefited pension to  all Central Govt. employees irrespective of the date of recruitment.

6. Regularize the GDS, daily rated workers, contingent and casual workers by brining about  a definite scheme of regularization.

7. Remove restriction imposed on compassionate appointment ( end the discrimination on  compassionate appointment between the Railway workers and other CGEs)

8. Stop the move to introduce the productivity linked wage system; Performance related  pay; introduce PLB to in all Departments; remove the ceiling of emoluments for bonus  computation.

9. Settle all items of anomalies (including the MACP related anomalies) raised in the National and Departmental Anomaly committees within a fixed time frame of two months; set up the anomaly committees in those Departments where it has not been set up till date with the Standing Committee members of the National Council; convene the meeting of the Departmental Council in all Ministries/Department once in three month as envisaged in the JCM Scheme

10.Make the right to strike a legal right and stop curtailment of T.U. rights

11.Implement all arbitration awards

12.Raise the interest rate for GPF. Revise the OTA and Night duty allowance and stitching and clothing rates of uniforms

13.Merge DA with Pay for all purposes including pension as and when the DA rates croses the 50% mark.

14.Vacate all Trade Union victimizations.

Programme of Action:

It was decided in the meeting held on 24^th February 2011 that after exhausting a series of action programme Confederation shall organize industrial action programme in consultation with national J.C.A. against the retrograde policies of the union Government. It was also decided that on 20^th April 2011 a four hour Dharna Programme shall be organized along with other Central Government employees organizations with the above charter excepting those places where Co-ordination committee of Central Government employees and workers decides a separate date of agitation programme, in such places the programme has to be organized on 5th of April 2011 to uphold the charter of demand given above along with our own departmental charter of demand.

  On 21^st March we met Member ( P&V) and submitted our representation on

·        ICT

·        Expeditious disposal of In-citu scheme

·        Progress of I.C.T

·        Implementation of separate calendar for D.P.C forthwith

·        To do away with the 1992 batch fixation anomaly

·        To resolve the fixation issue of pre revised scale of Rs. 6500/-

 We also met Shri. Ramachandra Khuntia, Honourable Member of Parliament (RS) and submitted a representation seeking his intervention in the fixation issue of pre revised scale of Rs. 6500/-. The Hnourable MP has assured his support on the matter. He has also raised the issue as question in the Rajya Sabha.

           The meeting of the anomaly committee is fixed on 5^th of April, 2011 we are trying to finalise the agitation programme on departmental issues on 5^th April, 2011. Kindly make wide campaign of our pending demands, organize and respond to the call of agitation programme given by Confederation of Central Government employees and workers.

All India Convention of AICEIA is slated to be held At Banglore on  10th & 11th of June 2011.

To

The President,

All office Bearers,

Circle and Branch Secretaries                                Comradely Yours

For wide circulation  

                                                            

                                                     ( KOUSIK ROY )