Action Taken Report presented by the Secretary General, AICEIA

Action Taken Report presented by the

Secretary General, AICEIA in the

Central Executive Committee Meeting in Bodhgaya

On 5^th and 6^th October, 2018:-

Respected President and my dear Comrades,

I take this opportunity to welcome you all for this meeting and I place on record my sincere thanks to Patna unit for having made arrangements for this meeting in such a hospitable manner. It is the first Action Taken Report of the Central Executive Committee which came into existence in XXth Convention of AICEIA held on 12^th & 13^th January, 2018 at Mumbai. This ATR contains the progress report of various resolutions adopted in Mumbai convention.

The CEC meeting reminds with great respect and pays homage to all the martyrs of 1968 strike who sacrificed their life for the cause of the Central Government Employees and all the past leaders of CG Employees movement. The CEC also reminds with optimum respect and pays homage to all the people who have lost their lives in various natural calamities across the country.

Organisational Issues:

It is evident from the attendance sheet of last convention and some CEC meeting that numbers of delegates in those meetings have been decreasing day by day. This clearly reflects the weakness of the organisation. Grass root level is the backbone of every organisation. Apex body cannot run smoothly if the field level organisation does not work properly.

The primary organisational work includes membership drive, deduction of subscription from salary in time, collection of DDO certificates, proper election of the body, conducting regular meeting etc. Some zones are functionally up to date in the above-mentioned activities but situation of some other zone are really grim. The new members have becoming reluctant to join association due to non function of the existing zonal body.

After taking charge we have tried to form our unit where we have no such functional unit since long. In Chandigarh an adhoc committee has been formed but they are yet to form their permanent body till date. In Bangalore we had no unit since the Shillong convention. Recently we initiated the process of formation of functional body. We approached some interested members, they have already started the membership drive, and we will be able to form the new body there very soon. Now, young members are coming in leadership in different circles. Hope they will inject some fresh air to existing grim situation.

Submission of resolution to Board and meeting with different officials:

The resolution adopted in XXth convention were submitted to the Board. We attended the several meetings with Member (Admin) and other officials of the Board. The issues were discussed in those meetings are as follows:

1. Implementation of all India seniority in the grade of inspectors:- In view of the stagnation of promotion from Inspector to Superintendent in almost every Cadre Controlling Zone under CBEC, it is opined that “Implementation of all India seniority in the cadre of Inspectors” shall bring about the uniform opportunity and avenue for promotion, subsume all other inequality, disparity and stagnation of promotion from the grade of Inspectors to higher grades resulting in 03 to 04 promotions providing equal prospect to all Inspectors of every cadre Controlling Zone of CBEC.
2. Uniformity in Implementation of Hon’ble Supreme Court Judgement on N.R. Parmar vs. UOI:- In regards to the impugned jugdement and it’s implementation in CBDT, the re-fixation of seniority list of Inspectors shall be uniformly obliged and obeyed. However, a few CCAs have revised the seniority list but most of them have failed to do so even after lapse of considerable period of time.
3. Inter Zonal Transfer:- Popularly known as ICT (Inter- Commissionerate Transfer) being a welfare issue shall be uniformly continued without any restriction and also incorporated in the New Recruitment Rules, 2016 to avoid further dispute in the said matter, although it has no relation with ICT. Despite being defeated in several judicial forum Board is trying to close it which is a gross violation of DoPT directions also. Recently Board directed all CCAs vide circular dated 20.09.2018 to consider all the ICT happened on or after 20.12.2016 as a loan basis. As a consequence our members throughout the country have to face sheer inconvenience. We wrote letter to the Hon’ble Finance Minister and Revenue Secretary describing the gravity of the issue and decided to go for dharna in all Head quarter office and further to go for strike also.
4. Pay- Anomaly:- Due to non- availability of finalized seniority list, our promotee officers are suffering huge loss of pay as their pay fixation at par with their junior DR. Very recently Department of Expenditure, Ministry of Finance vide OM No. 8-23/2017-E.IIIA dated 28/09/2018 clarified the issue of pay anomaly.

5. Non Conduction of DPC at some zone: DPC is badly delayed in Patna, Kolkata, Hyderabad, and other zones also. We discussed the issue with Member (Admin) and requested him to call the respective CCs for conduction of immediate DPC. As a result of this, DPC has been conducted in Hyderabad after 2015, and also in Patna, Mumbai, Vadodara partly.
6. Issuance of new RR: We raised the issue of New Recruitment Rules for superintendents which should be published at the earliest.
7. Senior Junior Clause: We demanded to include the senior junior clause in Recruitment rules of the superintendent. They assured us that it would be considered in time of finalization of RR.

Programmes and Relations with other Fraternal Organisations:

After taking over the charge at the XX^th Convention at Mumbai, we felt the urgency of having a proper brotherly relationship with other sister associations within the CBEC (Now CBIC), the Revenue and other CG employee organisations.  Towards that we have undertaken efforts to build up our relations with them.

Programmes observed under the banner of COC:

Agitations had been launched by the COC of Associations in the CBIC in February 2018. After finalising the charter of demands passed in meetings held in all parts of the country on 01.02.2018 in which members of the constituent associations participated massively, a Demands Day was observed on 28.02.2018 by wearing black badges and conducting lunch hour demonstration with massive participation all over the country. But some regional units have failed to organise these programmes due to lack of organisational strength that we have to introspect.

Subsequently, the COC decided to launch its next phase of agitation. This AIB sent letters to the FM & Revenue Secretary and some other units have also sent the letters to the FM & Revenue Secretary on the COC Charter. However, the next phase of the movement involving the members is yet to be completed.

While preparing for conducting the Dharna on 20.06.2018 as per the COC call, information was received that the Member (Admin) had issued instructions to the officials in the Board and DGHRD to find out methods of dealing with the demands and he had also personally informed the delegation of the COC at Nagpur which met him on 15.06.2018 that he would deal with the issues positively upon assuming charge as the Chairman. Accordingly the COC has deferred the call for Dharna, as on date. We have an opportunity to discuss our next course of action in this forum.

Joint Council of Action:-

AICEIA is a part of Joint Council of Action which is a inspector based Organization consisting of Inspector, Superintendent and promotee IRS Association. Recently some sort of change is going to happen in it. We will have a meeting slated to be held on 7^th October, 2018 in Patna regarding this. We will discuss the possibility of forming a ‘Federation’ with above-mentioned three Organizations and let the August House discuss on that matter.

Participation in Confederation Programme:

A delegation of AICEIA attended the National Convention of Confederation of Central Government Employees & Workers at Hyderabad on 10^th June. The convention declared a series of programme that will culminate into a strike on 15 Nov on a ten point charter of demands which is as follows:

1.  Settle 7^th CPC related issues including increase in Minimum Pay and Fitment Formula, HRA arrears, MACP Bench Mark, Option-I for pensioners etc.

2. Withdraw contributory Pension Scheme (NPS). Ensure defined pension under CCS (Pension) Rules 1972 to all employees appointed on or after 01.01.2004.

3. Fill up all vacant posts. Withdraw the orders to abolish all vacant posts lying vacant for five years. Create justified posts for excess work. Evolve proper mechanism for Regional recruitment. Stop engagement of retired persons.

4. (a) Regularise Gramin Dak Sevaks and grant Civil Servant status. Implement positive recommendations of Kamalesh Chandra Committee report.

     (b) Regularise all casual and contract workers. Evolve a new scheme for regularization of Casual and Contract Workers.

5.  Ensure equal pay for equal work as per Supreme Court judgment and grant parity in wages and pay scales.

6. Stop closure of Govt. establishments. Withdraw closure orders of Govt. of India Presses. Stop outsourcing and privatization of Government functions.

7.  Avoid abnormal delay in extending benefits of 7^th CPC to Autonomous body employees and pensioners.

8.  Remove 5% condition imposed on compassionate appointments. Grant appointment in all deserving cases.

9.  Grant five time-bound promotions to all employees on completion of 8, 7, 6, 5 & 4 years of service.

10. (a) stop attack on Trade Union rights. Avoid delay in conducting verification of Membership under CCS (RSA) Rules 1993. Declare results and grant recognition in a time-bound manner. Ensure prompt functioning of various negotiating forums under JCM scheme at all levels.

        (b) Withdraw the draconian FR 56(j) and Rule 48 of CCS (Pension) Rules 1972 which is misused as a short-cut to punish and victimize employees.

The burning issue among the charter was scraping of new pension system and restoration of old defined benefit pension scheme to all Central Government Employees irrespective of the date of their entry into Government service. As a part of their programme Confederation organised a mass rally on 5^th September in New Delhi. Comrades from West Bengal unit alongwith AIB members participated in that rally. Confederation decided to go for strike on 15 Nov alongwith All India State Government Employees Federation.

Pay Anomaly Issue:

During the meeting with Member (Admin) on 17.01.2018 we placed our demand for pay parity with Inspector, CBI & IB which existed since the 3^rd CPC. We explained that it is evident from the Para 11.35.20 of 7^th CPC, that this pay commission recommended for the upgradation of Grade pay of Inspector CBI from 4600 to 4800, so earlier it was never upgraded. The 7^th CPC perturbed the historical parity. Lastly Member(Admin) verbally accepted our arguments and agreed to consider our demand as anomaly.

Then again we attended 2^nd meeting of Departmental Anomaly Committee on 24.05.2018 with the Additional Secretary (Revenue). We stated that after anomaly created by 5^th CPC the OM 6/37/98 dated 21.04.2004 brought the parity between Inspector Central Excise and Inspector CBI. Then 6^th CPC recommended the merger of the three pre-revised scale of Rs. 5000-8000, Rs. 5500-9000 and Rs. 6500-10500 and replaced them by the revised pay structure of grade pay of Rs. 4200/- in the pay band PB-2(For Inspector Central Excise). But they gave specific recommendations of granting higher grade pay of Rs. 4600 to Inspector of CBI. Again in 2009 the grade pay for Inspector of Central Excise was upgraded to Rs. 4600/- vide O.M. No. 1/1/2008-IC dated 13.11.2009.

Now, 7^th CPC again disturbed the horizontal parity between two cadres by recommending the scale for Inspector of CBI as Rs. 47600 i.e. replacement scale for grade pay 4800 and keeping the scale of Inspector of Central Excise as Rs. 44900 i.e. replacement scale for grade pay 4600/-.

These facts clearly depict that the employees of the revenue department have been deprived at every step. We placed our demand strongly in every meeting with a request to rectify the injustice done to the Inspector of Central Excise due to the erroneous interpretation of 7^th CPC.

Cadre Restructuring-Meeting with DGHRD:

The main aim of cadre restructuring is to enhance the career progress of the employees. Being the most stagnated cadre in Finance Ministry we submitted our proposals and attended a meeting with different officials of DGHRD. During that meeting they requested us to give solutions to our long pending problems. Our submission is as follows:

1. The ample disparity between 3 cadres i.e. Inspector, Central Excise, Preventive Officer and Examiner in promotional aspects clearly reflects our situation. These 3 cadres come into the department by the same examination and again they unite in Group-A level. So we demanded merger of three streams.
2. The CE Inspectors are distributed all over the country in 15 cadre zones (whereas the POs and Examiners are distributed in 3 zones each), with each zone having different Inspector, Superintendent ratio and different legacies to account for different Inspector to Superintendent promotion situations in each of the zones. This adverse ratio is instrumental behind our regional disparity in promotion. It is, therefore, requested that All India Seniority may be implemented during the Cadre Restructuring-2018 thus, paving way for removal of regional disparities ensuring respectful career progression.
3. We demanded the time bound promotions like any other services and regularization of 2118 temporary post of Assistant Commissioner.
4. We suggested to create a Separate IRS (Branch B) Service for the CE Inspectors converging at a pay matrix level 14. An alike proposal was initially recommended by the High Power Committee. The creation of such service will create regular career progression for the ever stagnating Inspector Central Excise born cadre and also the attributes of the organized Group-A service i.e., IRS (C&CE) will remain unaffected. Such services already exist in the Ministry of External Affairs and Ministry of Personnel & Public Grievance.
5. Like Income Tax department we proposed to start Limited Departmental examination to cater an opportunity to excel for energetic and hard working employees of the department.
6. After implementation of GST, the natural comparison between the aspects of State and Central GST has arisen. In new regime their promotional avenues have become more widened. It would have created a functional disparity between two segments.

Local Issues:

Whenever local issues required the attention and intervention of the National Body, we have taken them up and acted upon them.

One issue in Lucknow has crossed all the limits. Inspector Shri Lal Babu Pandey of Barabanki Division was picked up by Police from his office on the basis of complaint by the Divisional AC. Later he was transferred to another Division. We submitted our protest letter to Chairman of the Board asking his immediate intervention into the matter. Lucknow unit has pursued the matter with CC in frequent manner.

I once again placed on record my sincere thanks to all the circles who have been working with full effort/co-operation and all the office bearers and volunteers of Patna Unit (Host unit) for arranging the meeting in such a cordial and beautiful manner.

Anubhuti Chatterjee

Secretary General