AN OVERVIEW OF PRESENT HOT TOPICS IE, CADRE RESTRUCTURING, INSITU SCHEME AND GP 5400

CADRE RESTRUCTURING

It is understood that the Cadre Restructuring file which has come back to Board for re examining the proposals on creation posts in IRS cadre has been corrected  by HRD and the file is submitted to Chairman for his approval.  The file is likely to be re-submitted soon  to the Department of Expenditure after Chairman’s approval.

 INSITU SCHEME

In recent past many apprehensions are being noticed on some of the websites on implementation of insitu scheme in Central Excise Department. In this connection the viewers of this site are requested to analyse the following situation themselves and give their comments.

The insitu scheme has been proposed only by the Board without having any demand of the same from any of the Staff Associations of the Central Excise Department. Apart from this the Central Board of Excise and Customs in its Full Board Meeting held, has discussed the scheme in detail and approved the scheme in principle. To formulate the modalities of the scheme a five member committee has been constituted to submit its report by 31.3.2011. Since it was not possible for the said team to complete the task within time, had sought extension of time. Here it is important to note that the scheme which has been approved in principle by the Full Board Meeting cannot be kept in cold storage by the Committee, which has been appointed only for the purpose of formulating the modalities of the scheme. It is understood that the HRD is planning convene a meeting of leaders of staff associations/stake holders  before finalising the scheme. Therefore, I am of the strong opinion that the said insitu scheme will be implemented even though delayed.     

GRADE PAY 5400 TO ACP INSPECTORS W.P. 13225/2009

 It is understood that the draft SLP is ready to be filed in Supreme Court by the Department within a week. Since CAVEAT has been already filed in Supreme Court, the AICEIA is geared up to counter the same engaging a leading advocate of Supreme Court to see that the SLP is dismissed in admission stage itself.  It is also confirmed that the AICEIA is not preferring any Contempt Petition as suggested in this blog earlier. If a Contempt Petition is filed and pending in High Court, it is likely to become advantageous to the Department to obtain stay on that ground.  And if stay granted once, the matter is likely to go to cold storage. I am in full agreement of this view taken by the AICEIA in the interest of the Cadre.

UPDATE ON OA NO. 1051/2010 ON 5400  IN CAT HYDERABAD

The Department has not filled any counter so far even after 7 months. The advocate has been pressing for the same every time but the Court is lenient on Department in giving extension every time. Since summer vacation already started for CAT Hyderabad, the case is likely to be taken up only in June 2011.

UNDER THE ABOVE CIRCUMSTANCES I REQUEST ALL THE GROUP ‘B’ EXECUTIVE OFFICERS TO BE OPTIMESTIC AND SUPPORT LEADERS OF  YOUR ASSOCIATION TO GIVE THEIR BEST AT THIS CRUCIAL JUNCTURE. I ALSO REQUEST EVERYONE NOT TO SPREAD ANY SORT OF UNWANTED RUMOURS  AND DEMORALISE THE CADRE.         

UPDATE ON DPC TO SUPDT PROMOTION

THE MUCH AWAITED DPC FOR PROMOTION TO SUPERINTENDENT IS SAID TO HAVE BEEN PROPOSED FOR 4th MAY 2011. THE LIKELY VACANCIES ARE ABOUT 25 INCLUDING 8 IN ST CATEGORY. THE INTER ZONAL AND INTER COMMISSIONERATE TRANSFERS ARE LIKELY TO TAKE PLACE ONLY AFTER THE PROMOTION ORDERS. HOPE THIS TIME THERE WILL NOT BE ANY FURTHER POSTPONEMENT.

Central Government Employee – The Stats

(1). As per the result of Census Enquiries, the total regular employment under Central Government as per this census was 31.16 lakh as against 31.64 lakh of previous census. The employment has, thus, recorded a decline of 1.52%. (2). Employment in Ministry of Railways was the highest (45.32%) followed by the Ministry of Home Affairs (22.20%), Defense civilian (11.35%), Communications & IT (7.75%) and Finance (3.62%). Other Ministries/Departments collectively shared the rest of 9.76% of the total Central Government regular employment.
(3). Out of 31.16 lakh regular employees, 3.20 lakh were women. The proportion of women in the total employment shows an increasing trend. It is 10.28% in this census against 9.68% in previous census and thereby indicating empowerment of women.
(4). About 96% of regular Central Government employees were Non-Gazetted.The overall ratio of Gazetted to Non-Gazetted employees was 1:22. In Ministry of Railways, ratio, however, was 1:116.
(5). Amongst regular Central Government employees, 57.80% were holding Group-‘C’ posts and 30.62% were in Group-‘D’ posts(now Group-C). 8.63% were holding Group-‘B’ posts whereas employees holding Group –‘A’ posts were only 2.95%.
(6). About 21.13% of the regular Central Government employees were found to be in Grade pay of Rs. 2000 to 24000/- and only 0.47% employees were in highest bracket of pay range-HAG with drawing basic pay of Rs. 75,500/- & above.
(7). Amongst regular Central Government employees, 15.66% were working at offices located in ‘A-1’ class cities, 11.10% in ‘A’ class cities, 4.61% in B-I class cities and 15.31% in B-2 class cities. The percentage of employees in ‘C’ class and other unclassified cities was 53.32%.
(8). Amongst States and Union Territory Administrations, the highest number of regular Central Government employees was in the State of West Bengal (11.23%) followed by Uttar Pradesh (9.97%), Maharashtra (9.65%), Delhi (6.61%), Andhra Pradesh (6.44%) and Tamil Nadu (4.66%). In remaining States/U.Ts the proportion was less than 4%.

Source: Staffcorner

MINUTES OF ANOMALY COMMITTEE HELD ON 15.2.2011

Minutes of Anomaly Committee dt.21.4.2011

NOTICE FOR XVI CONVENTION OF AICEIA

Now, central excise officers to protest at Jantar Mantar

TIMES OF INDIA

Now, central excise officers to protest at Jantar Mantar
TNN, Apr 20, 2011, 02.55am IST

CHANDIGARH: After Anna Hazare's public protest against corruption at Jantar Mantar, the place seems to have caught the attention of all future protesters, including those from within the government who want their voice to be heard by the authorities.

Barely has the dust settled down at the site after Anna's protest that the Chandigarh zone of All India association of central excise and gazetted executive officers (AICEGO) – this includes officers from Punjab, HP, J&K and Chandigarh – have now decided to hold a 'shanti goshthi' at Jantar Mantar on April 20 to highlight their demand. However, the organization is claiming credit for using the site for protest earlier too, as they had held a "peaceful dharna'' at the same place in November 2009 too.

YES ! WE DID IT AGAIN

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 20th 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 6th 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 6th 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.

SECRETARY GENERAL
AICEIA

AICEIA CIRCULAR 4/2001

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 6th 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 20th April, 2011 culminating to one day mass casual leave on 27th 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. 6th 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 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
7 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.
8 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 19th of April, 2011.
2. Whole day dharna programme in front of Jantar Mantar on 6th May 2011.
3. One day mass casual leave on 18th May 2011.

To make the 20th 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 6th 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 6th 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 10th & 11th of June 2011. The notice will be issued shortly all the units are requested to complete the process of train reservation etc forthwith.

Comradely Yours
( KOUSIK ROY )
To
The President,
All office Bearers,
Circle and Branch Secretaries
For wide circulation

THE STRUGGLE AGAIN STARTED BUT WITH A DIFFERENCE

TA to INSPECTOR PROMOTIONS

IT IS UNDERSTOOD THAT AN ESTABLISHMENT ORDER (NGO) 39/2011, dt. 1-4-2011 WAS ISSUED PROMOTING 11 OFFICERS IN THE CATEGORY OF SC/ST. THE COPY OF ORDER IS NOT AVAILABLE FOR POSTING ON THE BLOG. IF ANY ONE HAS THE COPY MAY SCAN AND SEND IT TO Email: hyd.cus@gmail.com. IT APPEARS THAT EVEN THE AICEIA, HYDERABAD BRANCH COULD NOT GET THE COPY OF THE ORDER.

UPDATE ON INSITU SCHEME

ACCORDING TO THE INFORMATION AVAILABLE THROUGH AICEIA SOURCES, THE FIVE MEMBER COMMITTEE SET UP FOR FORMULATING INSITU SCHEME APPEARS TO HAVE SOUGHT EXTENSION OF TIME FOR ANOTHER 15 DAYS AND EXPECTED TO SUBMIT THEIR REPORT BY 15TH OF THIS MONTH.IT ALSO APPEARS THAT THE CHAIRMAN IS SERIOUS ABOUT THE INSITU SCHEME AS WELL AS CADRE RESTRUCTURING AND EXPECTED TO COMPLETE THE PROCESS BY JUNE 2011.

UPDATE ON DPC

AGAIN DPC COULD NOT BE CONDUCTED TODAY FOR WANT OF ACRs FROM TIRUPATI COMMISSIONERATE. LIKELY TO BE CONDUCTED TOMORROW OR DAY AFTER IF ACRs RECEIVED.

HYDERABAD- DPC FOR INSP TO SUPDT PROMOTION BEING CONDUCTED TODAY IE. ON 06.04.2011

THE DPC FOR PROMOTION TO SUPERINTENDENT IS BEING CONDUCTED TODAY. THE VACANCY POSITION STANDS AT 10GEN + 8ST = 18, MAY CHANGE AS PER THE DECISION OF THE CHIEF COMMISSIONER.ORDERS ARE EXPECTED TO BE ISSUED TODAY ITSELF.ALL ARE LIKELY TO BE ALLOTTED TO VIZAG ZONE AS PER POLICY.

UPDATE ON THE MEETING OF AICEIA WITH CBEC CHAIRMAN ON 05.04.2011

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 20th 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

DOPT ISSUED FAQ ON MACP

FAQMACPS_Estt_D

ITS TIME NOW TO FILE CONTEMPT PETITION

YES ! HOW LONG WE WILL WAIT. THE ORDER WAS PASSED ON 6.9.2010, EVEN IF YOU TAKE THE DATE OF DISPATCH OF ORDER IN OCTOBER 2010, THE TIME OF THREE MONTHS IS ALREADY OVER. ITS TIME NOW TO FILE A CONTEMPT PETITION AGAINST THE GOVT FOR NOT IMPLEMENTING CHENNAI HIGH COURT ORDER. ITS FOR THEM TO DECIDE WHETHER TO FILE SLP IN SC OR NOT, WE NEED NOT TO WAIT FOR THE SLP TO BE FILED BY THE DEPARTMENT. I REQUEST THE AICEIA TO FILE CONTEMPT PETITION IMMEDIATELY IN CHENNAI HIGH COURT THROUGH SRI. SUBRAMANYAM SUPDT. SINCE MOST OF THE MEMBERS HAVE CONTRIBUTED FOR THE SAME, THERE SHOULD BE NO CRUNCH OF FUNDS.

Cabinet finally gives nod to creation of 7 posts of Ombudsman for CBEC

By TIOL News Service

NEW DELHI, MAR 31, 2011: THE Union Cabinet today approved creation of seven posts of Indirect Tax Ombudsman to be located at Delhi, Mumbai, Chennai, Calcutta, Bangalore, Ahmedabad and Lucknow in the HAG + scale of Rs.75,500-80,000/- and the supporting staff. The Indirect Tax Ombudsman Guidelines, 2011 has also been approved.

The Indirect Tax Ombudsman shall have powers to receive complaints from tax payers on indirect tax matters and consider such complaints and facilitate their satisfaction or settlement by agreement through conciliation and mediation between the Customs, Central Excise and Service Tax department and the aggrieved parties or by passing an 'Award’ in accordance with the Guidelines.

It is expected that this will result in making the grievance redressal mechanism in the Customs, Central Excise and the Service Taxes offices under the CBEC more effective and transparent.