LETTER TO CHAIRMAN ON 30.08.2010

AICEIA/PRES/2010 ` Dated 30.08.2010

To
The Chairman,
Central Board of Excise & Customs,
Department of Revenue, Ministry of Finance,
North Block, New Delhi.

Sir,
Sub: Stay on promotions ordered by Calcutta High Court – Reg

A kind reference is invited to our letter dated 23.07.2010 wherein we had requested inter alia to direct all cadre controlling authorities to conduct the DPCs and keep the panel ready for issuance of promotion order immediately on vacation of the stay.

Now that the stay order issued by the Honourable High Court of Calcutta in WP (CT) No. 261/2008 has been modified on 27.08.2010 we request your good self to issue immediate instructions to the cadre controlling authorities to convene the DPC in their zone and to keep the panel ready. It may also be instructed that the promotion orders issued as a result of the DPC should be given effect from 01.07.2010 as the delay in issue of the order is only on account of the stay order. This stipulation is essential as the date of promotion would have a bearing in the matter of next promotion as well in the matter fixation of pay and also to ensure uniformity among the zones.

As you are well aware, the officers who are in the line of promotion have already put in more than 17 years of service and the delay in getting the promotions have caused deep sense of resentment and frustration among the officers. I request you that the agony may not be compounded further and necessary orders be issued.

In anticipation I remain.

Yours faithfully


ARUN ZACHARIAH.P
PRESIDENT AICEIA

WE THANK THE AICEIA OFFICE BEARERS FOR THE ABOVE LETTER IN IMMEDIATE RESPONSE TO OUR REQUEST FROM HYDERABAD INSPECTORS THROUGH THIS BLOG AS WELL AS THROUGH EMAIL.

ITS TIME TO THINK OF EFFECTED COMRADES

It is time now to take up the issue with the Board to issue promotions with retrospective effect ie. from 1.3.2010/1.7.2010. There are many of members who have come under the cloud of Vigilance Cases after 1.4.2010 and are going to loose their legitimate promotion because of the Board circular. Had the Court or the Board not stayed the DPC or promotions, these officers would have been not effected. Also in the case of officers retired during this period, who are going to loose their legitimate right of becoming Superintendent.

So kindly take up this issue at top priority before the Board issues the letter /circular withdrawing the earlier STAY circular.

Interim Order passed by Kolkata High Court

Initially the case No. WPCT 261/2008 was placed as item no. 07 before the Honourable Judge of Bench No. 14 of Kolkata High Court. At the outset A.S.G. pleaded for hearing of the case as item no. 01 as agreed by the Honourable Judge in the last hearing. So the longest hearing started and after hearing the case an interim Judgement passed by the Hon’ble High Court. It was understood that the review DPC held on Setember- 2005 in Kolkata Zone ( giving effect of post based roaster from July 2002)is to be reviewed immediately and the effect of post based roaster is to be effected from 2nd July-1997, it appears that right after rectification of this review D.P.C. in the Kolkata Zone promotion order in different zones will be effected. Print copy of the judgment is yet to reach our hand.

Source: AICEIA

FLASH ! FLASH ! FLASH ! //GOOD NEWS// UPDATE ON CALCUTTA HIGH COURT CASE

STAY LIFTED, AWAITING FOR JUDGMENT DETAILS WILL BE POSTED AFTER THE JUDGMENT

IF YOU LIKE THIS BLOG JOIN IT BY CLICKING ON "FOLLOW' LINK. AND PROVIDE YOUR PHONE NUMBER SO THAT ALL THE INFORMATION WILL BE PROVIDED TO YOU THROUGH SMS.

CALCUTTA HIGH COURT CASE * THIS FRIDAY TOO IT IS DOUBTFUL

HON'BLE JUSTICE PRATAP KUMAR RAY
AND
HON'BLE JUSTICE MRINAL KANTI SINHA
********************************************************************************
ON 27TH AUGUST, 2010
AT 2 P.M.
ON FRIDAY, THE 27TH AUGUST, 2010 AT 2 P.M.- WILL SIT TOGETHER AND TAKE SOME PART-HEARD CONTEMPT AND REVIEW MATTERS.



7. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY
SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS

GRANT OF 5400 GRADE PAY TO GROUP B OFFICERS OF CUSTOMS AND CENTRAL EXCISE.

There is no doubt that the ACP Inspectors are in Gouop ‘B’ and placed in Grade pay 4800.The DOPT/CBEC had been saying no to ACP inspectors basing on the ‘Regular Service in the Grade Pay of 4800’ . They may say that the Regular Service means Regular Service in the Post of entry grade where 4800 grade pay is attached, this is also ruled out because all the Superintendents baring few( Direct Supdts or Appraisers), all the officers are promotees. Now we analyze the ‘Regular Service’.
AS PER CONDITIONS FOR GRANT OF BENEFITS UNDER THE ACP SCHEME 1999
3.2 ‘Regular Service’ for the purpose of the ACP Scheme shall be interpreted to mean the eligibility service counted for regular promotion in terms of relevant Recruitment/ Service Rules.
4. The first financial upgradation under the ACP Scheme shall be allowed after 12 years of regular service and the second upgradation after 12 years of regular service from the date of the first financial upgradation subject to fulfillment of prescribed conditions. In other words, if the first upgradation gets postponed on account of the employee not found fit or due to departmental proceedings, etc this would have consequential effect on the second upgradation which would also get deferred accordingly;
6. Fulfillment of normal promotion norms (bench-mark, departmental examination, seniority-cum-fitness in the case of Group ‘D’ employees, etc.) for grant of financial upgradations, performance of such duties as are entrusted to the employees together with retention of old designations, financial upgradations as personal to the incumbent for the stated purposes and restriction of the ACP Scheme for financial and certain other benefits (House Building Advance, allotment of Government accommodation, advances, etc) only without conferring any privileges related to higher status (e.g. invitation to ceremonial functions, deputation to higher posts, etc) shall be ensured for grant of benefits under the ACP Scheme;
9. On upgradation under the ACP Scheme, pay of an employee shall be fixed under the provisions of FR 22(I) a(1) subject to a minimum financial benefit of Rs.100/- as per the Department of Personnel and Training Office Memorandum No.1/6/97-Pay.I dated July 5, 1999. The financial benefit allowed under the ACP Scheme shall be final and no pay-fixation benefit shall accrue at the time of regular promotion i.e. posting against a functional post in the higher grade;
11. In the matter of disciplinary/penalty proceedings, grant of benefits under the ACP Scheme shall be subject to rules governing normal promotion. Such cases shall, therefore, be regulated under the provisions of relevant CCS(CCA) Rules, 1965 and instructions thereunder;
From the above it is clear that Regular service after Ist ACP is taken as 12 years from the date of first ACP as Inspector or in the same post. It is not the service that counted as Superintendent or the higher post.Thus regular service cannot be taken different for different reasons and different situations.
The case law of Delhi High Court speaks as follows in our favour.

IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : SERVICE MATTER
WRIT PETITION (CIVIL) NO. 9224 OF 2006
Date of decision: 7th August, 2006.
Union of India ........Petitioner
through: Mr.Atul Bandhu, advocate.
Versus
Prakash Chand & Ors. ........Respondents.
through: Nemo.
Coram :
Hon'ble Mr.Justice Manmohan Sarin.
Hon'ble Ms.Justice Aruna Suresh.
Aruna Suresh, J.
1. The petitioner, Union of India, aggrieved by the order dated 15.12.2005 of
the Central Administrative Tribunal (in short the Tribunal), Principal Bench, Delhi, has
assailed the same before us in the present writ petition. By virtue of the said order dated
15.12.2005, the Tribunal was pleased to quash the order dated 19.1.2004 issued by the
Ministry of Small Scale Industries whereby financial upgradation under the Assured
Career Progression (in short ACP) Scheme granted to respondents in the scale of
Rs.5500-9000 was down graded in the scale of Rs.5000-8000, in view of the clarification
No.56 under the ACP Scheme issued by Deptt. of Personnel and Training (in short
DOPT) on 18th July,2001. The Tribunal restored the financial benefits granted to
respondents by way of granting them ACP in the scale of Rs.5500-9000 with
consequential recoveries.
2. Respondents were appointed as Lower Division Clerks(LDCs) with Small
Industries Service Institute, Ministry of Small Scale Industries, Udyog Bhawan, New
Delhi. They were promoted as Upper Division Clerks (UDCs) in the pay scale of
Rs.4000-6000/-. As per the existing hierarchy, under the recruitment rules the applicants
are to be promoted to the post of Superintendent in the pay scale of Rs.5500-9000/-.
3. By virtue of Vth Central Pay Commission recommendations for ACP
Scheme had been introduced. Deptt. of Personnel and Training vide Office Memo
No.35034/1/97-Estt.(D) dated 9.8.99 issued guidelines for the implementation of ACP.
As per condition No.7 of the Scheme financial upgradation shall be given to the next
higher grade in accordance with the existing hierarchy in a cadre/ category of post
without creating new posts for the purpose. For the sake of convenience condition No.7
is reproduced below:-
“7. Financial upgradation under the Scheme shall be given to the next higher grade, in
accordance with the existing hierarchy in a cadre/ category of posts without creating new
posts for the purpose. However, in case of isolated posts, in the absence of defined
hierarchical grades, financial upgradation shall be given by the Ministries/ Departments
concerned in the immediately next higher pay-scales as indicated in ANNEXURE-II
which is in keeping with Part-A of the First Schedule annexed to the Notification dated
September 30,1997 of the Ministry of Finance (Department of Expenditure). For
instance incumbents of isolated posts in the pay Scale S-4, as indicated in Annexure-II
will be eligible for the proposed two financial upgradations only to the pay-scale S-5 and
S-6. Financial upgradation on a dynamic basis (i.e. without having to create posts in the
relevant scales of Pay) has been recommended by the Fifth Central pay Commission only
for the incumbents of Isolated Posts which have no avenues of promotion at all. Since
financial upgradations under the Scheme shall be personal to the incumbent of the
isolated post, the same shall be filled at its original level (pay-scale) when vacated. Posts
which are part of a well-defined cadre shall not qualify for the ACP Scheme on `dynamic'
basis. The ACP benefits in their case shall be granted conforming to the existing
hierarchical structure only.”
4. The petitioner before us decided to implement the ACP Scheme and
accordingly placed the respondents in the next hierarchical grade in accordance with the
existing hierarchy. Since there were some doubts in the mind of the State, clarifications
were sought. DOPT issued clarificatory Office Memo. dated 18.7.2001. Vide
clarification No.56 it was clarified that in respect of common category posts like UDCs,
Assistants and Superintends, the hierarchies that exists on all-India basis should be taken
into account and not the hierarchies which exist in a particular office for the purpose of
granting ACP benefit. It was further clarified that in Small Industries Development
Organization UDCs have been granted ACP benefit with respect to next higher post of
Superintendent in the pay scale of Rs.5500-9000/-. This benefit is required to be
reviewed and rectified by granting them ACP benefit in the next higher post of Assistant
in the subordinate office of Government of India in the scale of Rs.5000-8000 by taking
into account All India hierarchies of such common category posts. It was further
observed that this rectification shall be effective from 9.8.1999 or the date from which the
concerned employee had been granted actual ACP benefit in the scale of pay of Rs.5500-
9000 whichever was later.
5. Vide its order dated 19.1.2004, the Ministry of Small Scale Industries
rejected the representation of the respondents and ordered that ACP benefits originally in
the scale of Rs.5500-9000 shall be deemed to have been accepted in the modified form to
provide grant of ACP in the scale of Rs.5000-8000. Accordingly the pay scale of
respondents was refixed in the lower grade of Rs.5000-8000 with the order of recovery of
excessive amount paid, if any. This resulted in filing of OA No.557/2004 by respondents
in the Central Administrative Tribunal, Principal Bench. By virtue of this application,
applicants assailed the order dated 19.1.2004 whereby financial upgradation under the
ACP granted to them in the scale of Rs.5500-9000 was down graded in the scale of
Rs.5000-8000, in the light of clarification No.56 under the ACP Scheme, issued by
DOPT on 18.7.2001. They sought setting aside of the order dated 19.1.2004.
6. The matter was referred to the Full Bench of the Tribunal for a decision on
whether clarification No.56 issued by DOPT on 18.7.2001 would have an effect of
rendering condition No.7 of the ACP Scheme redundant and taking away the right
accrued to a government servant in his hierarchy to be granted financial upgradation
under ACP Scheme. This reference was considered by the Full Bench of the Tribunal.
Vide its detailed order dated 16.2.2005 the above reference was answered as follows:-
“ Clarification No.56 issued by the Department of Personnel & Training on
18.7.2001 will have the effect of rendering condition No.7 of the ACP Scheme as
redundant. It cannot take away the right that has accrued to the Government servant in
his existing hierarchy with respect to the grant of the scale to be granted by way of
financial upgradation.”
7. On the basis of this answer the Division Bench of the Tribunal proceeded
with the O.A. and vide its order dated 15.12.2005 observed as follows:-
“ In the light of the aforesaid Full Bench decision, Clarification No.56 issued by
DOPT on 18.7.2001 having been made ineffective, condition No.7 of the ACP Scheme
stands revised and the right accrued to the applicant in his hierarchy for grant of financial
upgradation under ACP Scheme restored. As such, Annexure A-1 dated 19.1.2004 is
quashed and set aside and respondents are directed to restore financial upgradation to the
applicants in scale Rs.5500-9000 w.e.f. 10.5.2002 as accorded to them originally.
Applicants shall be entitled to consequential benefits. O.A. is allowed accordingly.”
8. It is an admitted case of the petitioner that in view of the decisions of
Guwahati, Kolkata and Jabalpur benches of the Central Administrative Tribunal, the
recovery has been rendered illegal and therefore the petitioner had accepted in principle
foregoing of recovery from the respondents.
9. Learned counsel for the petitioner submits that Tribunal failed to
appreciate that ACP Scheme was administrative in nature and clarification of instructions
issued thereon obviating the points of the doubts would not render it illegal and arbitrary
per se. A person becomes entitled to the next financial upgradation based on existing
hierarchy in a particular cadre in respect of next higher pay scale available in the service
as per the unamended para 7 annexed as Annexure-1 to Office Memo. Dated 9.8.1999. It
was further pointed out that quashing of clarification of Office Memo by the Tribunal
would result into financial upgradation in terms of ACP Scheme depending upon next
promotional post in a particular office irrespective of the fact that in any other office the
next promotional post might be different and might be attracting higher or lower pay
scale resulting into different financial upgradations amongst employees of a common
service and similarly situated in all respects.
10. The fact remains that the effect of DOPT Office Memo. Dated 18.7.2001
and clarification No.56 if implemented would take away the vested right of the
government servant in his existing hierarchy with respect to the grant of scale to be
granted by way of financial upgradation under the ACP Scheme. The Government
cannot amend or supersede statutory rules by administrative instructions. But if the rules
are silent on any particular point, the government can fill up the gap and supplement the
rules and issue instructions not inconsistent with the rules already framed and these
instructions shall govern the condition of service.
11. In the case Director General of Posts & Ors. Vs. B.Ravindran & Anr.
(1997) 1 SCC 641, in some what similar situation Supreme Court observed that the
Government could not have, under the guise of a clarificatory order, taken away the right
which had accrued to such re-employed pensioners with retrospective effect by declaring
that while considering hardship the last pay drawn at the time of retirement was to be
compared with the initial pay plus pension whether ignorable or not. The Supreme Court
further observed clarificatory instructions cannot supersede or take away the right itself
under the regulations sought to be clarified.
12. In the instant case clarification No.56 had been issued to clarify the
provision/ condition contained in the ACP Scheme, therefore, this clarification cannot
supersede the basic provision and condition specified in the Scheme for grant of benefits.
13. In these circumstances we do not find any illegality in the reference order
dated 16.2.2005 and the subsequent order dated 15.12.2005 whereby the order of the
Government of India, Ministry of Small Scale Industries dated 19.1.2004, was quashed
and set aside. The writ petition is, accordingly, dismissed.
( Aruna Suresh )
Judge
( Manmohan Sarin )
Judge

Permitted to Withdraw Cash Five Times in a Month Free of Charge from other Banks’ ATMs

Customers of a Bank Allowed to Withdraw Cash Five Times in a Month Free of Charge from other Banks’ ATMs

Indian Banks’ Association (IBA) has reported that banks have been permitted by Reserve Bank of India (RBI) to allow free cash withdrawal at their ATMs by customers from other banks upto five times in a month free of charge. Banks are generally complying with the guidelines issued by RBI in this regards from time to time.

No incident regarding non-conforming of RBI’s directions had come to the notice of the Government.

This information was provided by the Minister of State for Finance, Shri Namo Narain Meena in reply to an Unstarred Question in Lok Sabha today.

Source: PIB

Govt may reduce Income Tax

The government is working out reduce the Income Tax rate in the proposed Direct Tax Code in an effort to widen the tax base.
The Direct Tax Code bill is likely to be introduced in the current Monsoon session of Parliament.
The basic objective behind further lowering the Income Tax slabs is to make tax system user friendly as also help government to broad base its tax base.
The overall tax rates will be brought down and will be made in line with international standards.

The proposed tax rates are as follows
10 per cent tax on income of Rs 1.6 lakh-Rs 10 lakh
20 per cent on income of Rs 10 lakh-25 lakh
30 per cent beyond Rs 25 lakh in a year.

Source: staffcorner.com

LATEST UPDATE ON KOLKATTA HIGH COURT CASE

IT IS BAD LUCK AGAIN. THE TIME IS PLAYING WITH THE INSPECTORS. THE CASE AGAIN COULD NOT BE HEARD DUE TO LACK OF TIME. ONLY THREE CASES WERE TAKEN UP TODAY. ON REQUEST FROM OUR SIDE THE JUDGE HAS PROMISED TO HEAR IT FIRST ON NEXT FRIDAY.

LATEST OM ON ROSTER BY DOPT

No.3601214512005-Estt. (Res.)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block
New Delhi- 110001.
Dated the 10"' August. 201 0.
OFFICE MEMORANDUM
Subject: Resewation in promotion - Treatment of SCIST candidates
promoted on their own merit. --------
The undersigned is directed to refer to this Department's
O.M.No.36028117i2001-Est(tR.e s.) dated I lLhJ uly: 2002 which clarified
that SCI ST candidates appointed by promotion on their own merit and not
owing to reservation or relaxation of qualifications will be adjusted against
un-reserved points of the reservation roster and not against reserved points.
It was subsequently clarified by this Department's O.M. No.3602811712001-
Estt. (Res.) dated 31.1.2005 that the above referred O.M. took effect from
11.7.2002 and that concept of own merit did not apply to the promotions
made by non-selection method.
2. Central Administration Tribunal, Madras Bench in O.A. No.90012005
[S. Kalugasalamoorthy vls. Union of India & Others] has set aside the O.M.
No.36028~1712001-Estt. (Kes.) dated 31.1.2005 and held that when a person
is selected on the basis of his own seniority. the scope of considering and
counting him against quota reserved for SCs does not arise. The High
Court of judicature at Madras in the matter of UOI vls.
S. Kalugasalamoorthy [ WP No.1592612007 ] has upheld the decision of the
Central Administrative Tribunal.
3. The matter has been examined in the light of the above referred
judgments and it has been decided to withdraw O.M. No. 36028/17/2001-
Estt. (Res.) dated 31.1.2005 referred to above. It is clarified that SCIST
candidates appointed by promotion on their own merit and seniority and not
owing to reservation or relaxation of qualifications will be adjusted against
unreserved ~ o i n t so f reservation roster. irresnective of the fact whether the
promotion is made by selection method or non-sele.c t~onm ethod These ) C %
orders will take effect from 2.7.1997. the date on which post based
reservation was introduced.
4. These instructions may be brought lo the notice of all concerned
(K.G. Verma )
Director

CALCUTTA HIGH COURT UPDATE FOR 20.8.2010

COURT NO. 14
SECOND FLOOR

HON'BLE JUSTICE PRATAP KUMAR RAY
AND
HON'BLE JUSTICE MRINAL KANTI SINHA
********************************************************************************
ON 20TH AGGUST, 2010
AT 2 P.M.
ON FRIDAY, THE 20TH AGGUST, 2010 AT 2 P.M.- WILL SIT TOGETHER AND TAKE SOME CONTEMPT AND PART-HEARD MATTERS.
CONTEMPT APPLICATION
--------------------




5. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS

PROBABLY THIS TIME THERE WOULD BE NO ARGUMENTS, ONLY JUDGMENT IS LIKELY TO COME.

UPDATE OF CALCUTTA HIGH COURT CASE on 13.8.2010

The case was heard today for about one hour. When the judge was about to deliver the verdict, the advocate for the petitioners has submitted an extra evidence, which is a letter from secretary DOPT addressed to National SC/ST Commission to the effect that they will issue a memo to implement roster from 1995 as per supreme court judgment. At this juncture the court ordered to make the letter official by submitting in the form of an affidavit. The matter is again postponed to the next week for judgment.

COURT NO. 14
ON 13TH AUGUST, 2010
AT 2 P.M.
ON FRIDAY, THE 13TH AUGUST, 2010 AT 2 P.M.- WILL SIT TOGETHER AND TAKE SOME PART-HEARD MATTERS.
PART HEARD MATTERS
HON'BLE JUSTICE PRATAP KUMAR RAY
HON'BLE JUSTICE MRINAL KANTI SINHA

4. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS

Notice for Organisational action programme

Ref. No. AICIEA/CBEC/161/2009 09.08.2010

To

Sri V. Sridhar,

The Chairman,

Central Board of Excise & Customs,

Department of Revenue, Ministry of Finance,

North Block, New Delhi.

Sir,

Sub: Intimation regarding the organizational action programme

The Central Executive Committee meeting of this Association held on 31st July and 1st August 2010 at Indore has decided to launch an organizational action programme owing to the inaction of the Board in acceding to the demands of this Association. The Charter of Demands on which the agitation is proposed to be held is as follows:

1. The ongoing cadre restructuring exercise to cater to the aspirations of Group B executive cadres and to be finalized after formal and recorded consultation with the Association.
2. Notional fixation of pay of Inspectors of Central Excise in the pre-revised scale of Rs. 6500-10500 with effect from 01.01.1996.
3. Fixation of minimum pay corresponding to pre-revised scale of Rs. 7450-11500 consequent to up-gradation ordered on 13.11.2009.
4. Anomaly in pay of 1992 batch Inspectors who received ACP prior to 20.04.2004.
5. Inspectors’ next promotional Grade Pay should be Rs. 5400/-
6. Lifting of ban on ICT
7. JCM s should be conducted at the Board level and at local level at regular intervals.
8. Abolish control room and uniform in Central Excise and Service Tax.
9. The 1% incentive on incremental revenue should be utilized for providing facilities and infrastructure for lower level staffs also.

A note on the charter is appended as Annexure A.

Kindly take note that the member of this Association would commence the organizational action programme as per the following schedule.

1. 25th August 2010 : Lunch hour demonstration programme

2. Black badge wearing from 30th Aug 2010 to 3rd September 2010,

3. Lunch hour Dharna Programme on 3rd September in front of every Chief Commissioner’s office.

4. A whole day Dharna Programme is to be organized in every Chief Commissioner’s office on 15th of September.

In case the demands are not met even after these measures, we would be serving a notice to strike work.

Yours faithfully

Enclo: Annexure ‘A’

KOUSIK ROY

SECRETARY GENERAL

· Copy forwarded to Revenue Secretary for information.

KOUSIK ROY

SECRETARY GENERAL

DETAILS REQUIRED FOR FILING OA

All Hyderabad CCA Inspectors/Superintendents with ACP kindly provide the following details for filing OA in CAT. The details can be sent through mail to vig_raju@yahoo.co.in or pvigneshwarraju@gmail.com please send scanned copies of ACP order and Pay fixation Order in case you are not able to give hard copy.


OA No. /2010 in the Hon’ble CAT Hyderabad. On the issue of 5400 Grade Pay to
Inspectors with ACP.



1. Full Name:
2. Father’s name:
3. Residential Address:

4. Designation:
5. Place of posting:
6. Date of joining :
7. Date placed in 6500:
8. Date of ACP to 7500(enclose copy):
9. Fixation in 4800 grade pay(enclose copy):
Expenditure per individual is likely to be Rs. 5000/-. We can negotiate with advocate in case we are more in number.
Members from other states also may contribute to the cause what ever the way they feel.

THE BENEFIT OF 5400 TO ACP INSPECTORS

THE IMMEDIATE BENEFIT ONE WOULD GET IF 5400 IS GRANTED TO 1993 INSPECTOR AS ON 1.7.2010 WITH DA 45%.

Description Without 5400 With 5400
Payband.... 17500---- 17500
Grade Pay.. 4800 ---- 5400
DA......... 10035---- 10305
HRA........ 6690 ---- 6870
TA......... 1600 ---- 3200
DA ON TA... 720 ---- 1440
TOTAL... 41345---- 44715
DIFFERENCE PER MONTH 3370
BENEFIT FOR 4 YEARS 161760

THERE SHOULD BE NO DIFFICULTY FOR ANY ONE TO SPEND RUPEES FIVE THOUSAND TO FIGHT FOR A GOOD CAUSE OF GRANT OF 5400 GRADE PAY WHICH CAN BENEFIT ALL THE OFFICERS DOWN THE LINE IN THE YEARS TO COME. THE MONETORY BENEFIT ON COMPLETION OF THE FIGHT WOULD BE ABOUT RS.1.5 LAKHS . THE ABOVE 4 YEARS IS TAKEN AS AN AVERAGE. OFFICERS WHO HAVE ALREADY GOT PROMOTION EARLY MAY GET LESS THAN 4 YEARS AND THOSE WHO ARE YET TO BE PROMOTED WOULD GET A BENEFIT FOR MORE THAN 5 YEARS.
APART FROM THE ABOVE YOUR STATUS ALSO CHANGES AS THE GRADE PAY CHANGES AND YOU WILL BECOME ELIGIBLE FOR FLIGHT AND OTHER SUCH BENEFITS.

SO DO NOT HESITATE TO BE A COMRADE TO FIGHT FOR A GOOD CAUSE. LET US FORGE AHEAD FOR SUCCESS.

GRANT OF 5400 GRADE PAY TO GROUP B OFFICERS OF CUSTOMS AND CENTRAL EXCISE.

GRANT OF 5400 GRADE PAY TO GROUP B OFFICERS OF CUSTOMS AND CENTRAL EXCISE.

I , As per the The Central Civil Services (Classification, Control & Appeal) Rules, 1965 and [Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 20.04.1998] , the following classification is made:

Sl. No. Description of Posts Classification of posts
1. A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 13,500 Group A
2. A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 9,000 but less than Rs. 13,500 Group B
3. A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs. 4,000 but less than Rs. 9,000 Group C
4. A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. 4,000 or less

Group D
II. As per the V Pay Commission Inspectors of Central Excise are placed in the scale of 5500-9000 and Superintendents are placed in 6500-10500.and by virtue of above classification of posts both Inspectors and Superintendents are classified as Group ‘B’ officers.
The pay scales of Inspectors as well as Superintendents are revised to 6500-10500 and 7500-12000 respectively w.e.f. 21.4.2004 vide F.No.A-26017/65/2003-Ad.II-A(Pt.) dated 11.4.2004 and both the scales continued to be classified as Group: ‘B’.
As per the ACP order 1999 after 12 years of regular service the Inspectors of 6500-10500 in Group ‘B’ cadre are placed in the scale of 7500-12000 which is again a Group ‘B’ cadre.
III, As per Clause (x)(e) of the Govt. of India Resolution dated 29.8.2008, “Group B officers of the Department of Posts, Revenue, etc will be granted Grade Pay of Rs. 5,400 in PB-2 on non-functional basis after 4 years of regular service in the Grade Pay of Rs.4800 in PB-2.(ie. Pre-revised scale of 7500-12000)
Therefore the Inspectors who are in Group ‘B’are entitled to a Grade Pay of 5400 in PB-2 after 4 years of regular service in the scale of 7500-12000 in Group ‘B’ cadre.
IV, As per Part-C, Section-II of the CCS(Revised Pay) Rules, 2008 dated 29.8.2008 under the heading Department of Revenue, , at Sl.No.9, it is indicated that Superintendents, Apprisers etc.shall be granted Grade Pay of 5400 in PB-2 after 4 years of Service. (Since it is stated ‘etc.’ this is not a restricted clause, etc. covers the other category of officers ie. Inspectors of C.Ex, Customs. and Income Tax with ACP. There is no other category which is coming under etc. )
V, A clarification dated 21.11.2008 was issued to grant Grade Pay of 5400 to after the officers in Group ‘B’ completes 4 years regular service from the date the officer is placed in 7500 scaleVI,
Another clarification issued vide order dated 11.2.2009 denying the Grade Pay of 5400 to the ACP Inspectors. (To be challenged)
VII, Again another clarification was issued on 16.9.2009 granting Grade Pay of 5400 to the Supdts/Appraisers after 4 years from the date of promotion irrespective of the scale they are holding. This is totally in contrary to the Resolution dated 29.8.2008 as well as clarification dated 21.11.2008 (To be challenged)
Since Inspectors are classified as Group ‘B’ officers since 1998 and are placed in 7500 scale (4800 Grade Pay) on giving ACP and also while fixing pay as on 1.1.2006 we are placed in 4800 Grade pay(pre revised 7500) no doubt we are eligible for Grade pay of 5400 after 4 years from the the date of ACP.
The Board or DOPT is not empowered to amend the Notification issued by President of India and published in Gazette of India by way of clarification.
No where in the Revised Pay Ruses 2008 and the Resolution published under Gazette of India state “ only the Superintendents are eligible for 5400 gp and the ACP Inspectors are not entitled for Grade Pay of 5400”.
The CAT Orders Chennai or Ernakulam are silent on this issue. No department can stop giving 5400 grade pay to ACP inspectors in violation of above Resolution and Revised Pay Rules2008.

Under these grounds the OA is being prepared and will be filed in CAT Hyderabad. I also request ACP Inspectors of other states especially from Delhi to file OA in CAT Principal Bench New Delhi as the same has given many favorable orders to employees.(Example OA 164/2009)
All the Inspectors/Superindents who are due for above grade pay of 5400 are requested to contact P.Vigneshwar Raju on mobile 9849313988 immediately.

AN UPDATE ON KOLKATTA HIGH COURT CASE HEARING ON 6.8.2010

THE BOARD HAS SUBMITTED THE DATA FROM 1997 AS PER THE DOPT OM AND CONTENDED THAT WITHOUT THE DIRECTIONS FROM DOPT IT IS NOT POSSIBLE TO PREPARE THE ROSTER FROM 1995. THE COURT HAS ASKED THE ADVOCATE OF APPELLANTS WHETHER THEY AGREE ON THIS BOARDS VIEW. THE ADVOCATE FOR APPELLANTS HAS SOUGHT ONE WEEK TIME TO DISCUSS WITH THEIR CLIENTS AND COME BACK TO COURT NEXT FRIDAY. WHAT IS UNDERSTOOD IS THAT THE CASE IS MOST LIKELY TO DECIDE THE ISSUE. IN CASE THE APPELLANTS ARE NOT SATISFIED WITH THE BOARDS VIEW, AND THE COURT DIRECTS TO IMPLEMENT FROM 1995,IT WOULD AT LEAST TAKE ANOTHER THREE MONTHS FOR THE DOPT TO ISSUE NOTIFICATION AND PREPARATION OF DATA. IN CASE THE COURT DIRECTS TO SUBMIT DATA FROM 1995, THE AICEIA IS LIKELY TO FILE PETITION IN COURT. IN THIS REGARD I REQUEST ALL THE MEMBERS TO COME FORWARD AND GIVE SUPPORT TO AICEIA WHAT EVER THE WAY NEEDED.

CALCUTTA HIGH COURT CASE

COURT NO. 14

HON'BLE JUSTICE PRATAP KUMAR RAY
HON'BLE JUSTICE MRINAL KANTI SINHA

5. WP.CT 261/2008 SAMIRAN ROY & ORS Vs NILAY SENGUPTA
CAN 3238/2010 UNION OF INDIA & ORS

COMRADES WATCHING THIS SITE KINDLY JOIN THIS BLOG BY CLICKING FOLLOW BUTTON. THIS WILL ENCOURAGE ME AND GIVE MORALE BOOST.

AICEIA MET MEMBER CENTRAL EXCISE

While returning back from Indore we met Member C.Ex, as informed by him everything is running very fast, it was informed to us that HRM is likely to complete the resrtucturing proposal by next week, distribution of GST Commissionerates shall be after the restructuring of the department, we have raised the issue of Chandigarh once again infront of him and intimated him that the Association has decided to go all out against the atrocity shown by some of the authorities in some parts of this country.
Immediately after we met the officials of ADG (HRM)'s office nad understood that this report for restructuring is complete from HRM's side waiting for presentation in the Board, it was again assured that inspectors who joined 12 years back have a fair chance of getting their first promotion by this restructuring, it may not be equal in every zone but HRM prepared the report keeping in mind the acute stagnation of Inspector and Superintendent.
We are trying our level best for creation of a JCA, as discussed with Secy Genl of Minsterial Association we are moving forward for the creation of JCA before completion of restructuring process.
We would like to inform our member that FM has not yet gone through thre restruring proposal, even Revenue Secretary has not yet been intimated about the proposal. we have chalked out no of organisational action programme that will be intimated to you shortly

LATEST UPDATE ON KOLKATTA HIGH COURT CASE

CASE NO. 261/2008 LISTED on 30.07.2010 AT SL. NO. 8 IN THE CALCUTTA HIGH COURT DIVISION BENCH- CONSISTING OF JUSTICE PRATAP KUMAR RAY AND MRINAL KANTI SINHA AT 02.52 P.M.

Additional Solicitor General- Pleaded for revocation of Injunction order on ground of submission of Supplementary Affidevit along with revised Roster of Officers.
Judge Shri Pratap Kumar Ray appeared quite impressed and concerned to the points like (i) some of the officers are retiring or going to retire without their due promotion (ii) those whose promotion is due are for no fault harressed due to the delay in promotion on ground of Injunction Order.
But at this point a new lawyer from Samiron Roy & Others side stood up and have put forward two points
1. THE Department is not following the courts order of giving effects of Supreme Court Judgement In R.K.Sabharwal Case From 1995, instead they created a new year 2002 and prepared the Revised Roster.
2. The appellant won this case in Tribunal and in Madras High Court on same Issue.
and completed their Hearing.
At this Juncture The Judge told the ASG to immediately prepare the revised Roster from 1995 and submit within a week and then in that Hearing The Case will be desposed of.
IN OUR INDORE CEC WE HAVE REQUESTED OUR BRANCH AND CIRCLE SECRETARIES TO EXPEDITE THE PREPARATION OF REVISED ROASTER , KOLKATA UNIT SHALL TRY TO APPEAL FOR EARLY SOLUTION OF THE CASE.
Detail of 3rd CEC Indore follows.

UPDATE CEC INDORE DAY TWO

THIRD CEC MEETING, AICEIA, KOLKATA HELD AT INDORE, DAY 2


THE DAY STARTED WITH THE DISCUSSIONS ON THE STAY GRANTED BY KOLKATA HIGH COURT & FUTURE ACTION TO BE CHALKED OUT FOR IMPLEADING CASE BY ASSOCIATION & GETTING THE STAY VACATED. AFTER DELEBRATIONS CALCUTTA GEN. SECY. WAS REQUIRED TO CONSULT A GOOD LAWYER AND SEEK ACTION PLAN TO MOVE ON BEHALF OF NATIONAL BODY. A COMMON DECISION OF GETTING THE STAY VACATED AS THE FIRST PRIORITY WAS ARRIVED AT. THEREAFTER THE POSSIBILITY OF IMPLEADING THE CASE BY ASSOCIATION WAS TO BE EXPLORED AS SECOND PRIORITY. THE SECRETARY GENERAL REPLIED THE POINTS RAISED ON THE ACTION TAKEN REPORT TO THE SATISFACTION OF ALL.
THE OTHER POINT DISCUSSED WAS PARTICIPATION IN STRIKE CALL FOR 7TH OF SEPTEMBER, 2010, GIVEN BY THE CONFEDERATION. A GENERAL OPINION WAS FORMED TO ACT AT APPROPRIATE TIME.
THEN PROBLEMS FACED BY CIRCLES AT THEIR LOCAL LEVEL WERE DISCUSSED. THE PRESIDENT/SECRETARY GENERAL DESIRED A WRITE UP FROM EACH CIRCLE SO AS TO ENABLE THEM TAKING UP THE MATTERS WITH BOARD OFFICE.
THE PROBLEMS BEING FACED BY THE CHANDIGARH CIRCLE AND THE MATTERS TAKEN UP WITH THE BOARD OFFICE WERE DISCUSSED. THE SECRETARY GENERAL ASSURED TO TAKE UP THE UNFINISHED MATTERS AT APPROPRIATE LEVELS.REGARDING CONCERTED ACTION PLAN FOR FUTURE, A 9 POINT CHARTER WAS DISCUSSED ON THE SENSITIVE ISSUES BEING TAKEN UP BY THE ASSOCIATION, DRAFT OF WHICH WAS PUT FOR GENERAL APPROVAL. AFTER GETTING THE CONSENT OF THE ALL PRESENT, THE CHARTER WAS PASSED.
THE ASSISTANT SECRETARY GENERAL THEN PRESENTED VOTE OF THANKS TO THE INDORE CIRCLE FOR HAVING HOSTED THE CEC AND THE EXCELLENT ARRANGEMENTS FOR MAKING EACH ONE COMFORTABLE. THE MEETING ENDED WITH THREE CHEERS TO THE HOSTS.

UPDATE CEC INDORE DAY 1

THE INAUGURAL SESSION WAS ADDRESSED BY THE CHIEF COMMISSIONER, CENTRAL EXCISE, BHOPAL ZONE FOLLOWED BY THE SPEECH OF COMMISSIONER, CENTRAL EXCISE, INDORE. MOST THRILLING PART WAS THE SPEECH GIVEN BY COMRADE TRK PILLAI, ORGANISING SECRETARY, CONFEDRATION OF CENTRAL GOVERNMENT EMPLOYEES & WORKERS IN WHICH SPECIAL EMPHASIS WAS LAID ON THE NEED OF STRIKE AS ALL NEGOTIATIONS HAVE SINCE FAILED. HE ALSO EMPHASIZED THE NEED FOR STRENGTHENING THE ORGANISATIONAL BASE WITHOUT WHICH NOTHING CAN BE ACHIEVED. HE INVITED THE AICEIA, ITS CONSTITUENT, TO PARTICIPATE WHOLE HEARTEDLY IN THE PROPOSED STRIKE CALL GIVEN BY THE CONFEDERATION FOR 7TH SEPTEMBER, 2010.
THE PRESIDENTIAL ADDRESS INCLUDED STRONG REACTION IF THE CADRE IS NOT GIVEN DUE BENEFITS IN THIS RESTRUCTURING AND THAT NOT MUCH IS EXPECTED IN THE GIVEN SCHEME OF THIS ORGANISATION WHERE THE DEPARTMENT IS CONSIDERED AS ‘TOP HEAVY’. THE SECRETARY GENERAL THEN TABLED THE ACTION TAKEN REPORT. HE SUMMED UP ALL HIS INTERACTIONS WITH THE BOARD OFFICE, REVENUE SECRETARY, HRD ETC. AND PLACED THE ASSURANCES GIVEN TO THE ASSOCIATION AS UNDER:
1. TO PROMOTE INSPECTORS WHO HAVE COMPLETED 15 YEARS OF SERVICE TO THE GRADE OF SUPERINTENDENT, CREATION OF NEARLY 5500 POSTS IS REQUIRED.
2. BOARD IS THINKING OF PROMOTING INSPECTORS WHOEVER HAD COMPLETED 12-15 YEARS OF SERVICE.
3. AN APPROXIMATE OF 7000 POSTS IS GOING TO BE CREATED WITHOUT ABOLISHING A SINGLE POST FROM THE FEEDER CADRE.
4. APPROXIMATEDLY 1700 POSTS OF FULLY PROMOTIONAL POST OF ASSISTANT COMMISSIONERS WILL BE CREATED AND 2300+ CLASS I POSTS IS GOING TO BE CREATED.
5. THERE WILL BE NO ABOLITION OF POSTS AS WELL AS COMMISSIONERATES.
6. SPECIAL ATTENTION WILL BE GIVEN TO MOST STAGNATING ZONES AS WELL AS THE OTHER ZONES.
7. RESTRUCTURING PROPOSAL WILL BE SUBMITTED TO REVENUE SECRETARY BY AUGUST 2010 AND WILL PROBABLY BE IMPLEMENTED IN THE MONTH OF JANUARY, 2011.

THE ATR AMONG OTHER MATTERS INCLUDED THE SUCCESSFUL PROTEST OF KARNATAKA CIRCLE FOR MISBEHAVIOUR OF THE AUTHORITIES I.E. ONE COMMISSIONER AND ADDITIONAL COMMISSIONER AND ULTIMATELY HELD THE ASSOCIATION BANNERS HIGH. ANOTHER INCIDENT REPORTED WAS OF TAMILNADU CIRCLE AND ITS PROTEST AGAINST THE WHIMSICAL ATTITUDE OF THE AUTHORITIES AT THE TIME OF ANNUAL GENERAL TRANSFER. SIMILAR INCIDENT HAPPENED IN KOLKATA WHERE THE CHIEF COMMISSIONER HELPED THE SYSTEM TO RUN IN THE OPPOSITE DIRECTION BY BREAKING THE AGREED UPON NORMS FOR SMALL CONSIDERATIONS. WEST BENGAL CIRCLE PROTESTED FOR AT LEAST ONE AND A HALF MONTH AND ULTIMATELY GOT THE ORDERS CORRECTED.