UPDATE ON CC VIZAG

ACCORDING TO THE INFORMATION AVAILABLE CC VIZAG MAY GET RELIEVED ON 29.1.2013. SRI. BB PRASAD IS LIKELY TO TAKE ADDITIONAL CHARGE OF VIZAG.

2009-2011 SCHOLARSHIP TO CHILDREN OF CBEC LAST DATE 28.2.2013

Scholarship by CBEC by

Update on Hyderabad CCA issues

1. Posting Orders of Shri P.K.Jain, Chief Commissioner, Vizag Zone:
    It is learnt that Orders posting Shri P.K.Jain, Chief Commissioner, Vizag Zone to CESTAT,Mumbai have been received. It is also learnt that he has requested for his relief and awaiting for permission for the same.
2.  Meeting by Administration with all the Superintendents Associations in A.P. for framing of new IZT Policy:
    It is learnt that no date has been fixed for conducting this meeting. It is expected that this meeting is likely to be conducted by CC-Hyderabad in the second/third week of February,2013
3. Further promotions to Superintendent Cadre:
         Promotions for all vacancies arising upto December,2012 have already been given. There are around three retirements in January,13 and another three in February,2013 and one in March,2013 taking the total retirements during this quarter to seven. Two officers who have been promoted during last month have since requested for deferment of their promotion. In all around five vacancies are expected by the end of this month and it is learnt that promotions against these five vacancies are likely to be given from the existing panel in the first week of February,2013.

Source: Hydexcust

Differential treatment in fixing pension unfair, rules SC

New Delhi, January 27, 2013

Tamil Nadu GO classifying pensioners into those who retired before and after June 1, 1988 struck down

In fixing pension, no differential treatment can be made among government employees who retired in different periods while taking into consideration their ‘dearness pay’, the Supreme Court has held.

In a ruling that will benefit thousands of employees, a Bench of Justices D.K. Jain (who has since taken over as Law Commission Chairman) and J.S. Khehar quashed an August 9, 1989 Tamil Nadu Government Order to the extent that it extended to employees who retired on or after June 1, 1988 a lower component of ‘dearness pay’ as against those who had retired prior to June 1, 1988, holding that the GO was violative of Articles 14 (equality before law) and 16 (equality in matters of public employment) of the Constitution.

The Bench said there was no valid justification for the government “to have classified pensioners similarly situated as the appellants — the Kallakurichi Taluk Retired Official Association, etc [who retired after 1.6.1988] — from those who had retired prior thereto.”

Writing the judgment, Justice Khehar said inflation would have the same effect on all pensioners, whether they retired prior to or after June 1, 1988.

“The purpose of adding the component of ‘dearness pay’ to wages for calculating pension is to offset the effect of inflation…Therefore, the classification in the impugned GO placing employees who retired after 1.6.1988 at a disadvantage, vis-à-vis the employees who retired prior thereto, by allowing them a lower component of ‘dearness pay’, is clearly arbitrary and discriminatory.”

The Bench said: “In a situation where the State government had chosen that a particular component of ‘dearness allowance’ would be treated as ‘dearness pay’, it could not discriminate between one set of pensioners and another, while calculating the pension payable to them.”

In the instant appeals, a single judge of the Madras High Court granted relief to the pensioners but a Division Bench reversed the order. The present batch of appeals was directed against that judgment.

HAPPY REPUBLIC DAY 26 JAN 2013

PRESENT POSITION ON CR AND ADHOC REGULARISATION

AN UPDATE FROM SUPDTS ASSN MUMBAI

 Very very bad news for our cadres. 1st Board is going to regularise the adhoc promotions in old ratio (6.1.2). As UPSC has refused to conduct any fresh DPC and advised the  Board to make regularisation of pending adhoc promotions first ,Board is going to make the regularisation stating that subject to out come of the judgement on Contempt  petition pending in Apex Court.2nd. The Secretary DOPT has categorically stated that unless Expenditure is cleared the revised proposal on CR of CBEC, the CR proposals of CBEC will not be placed before the Carder Review Committee. For clearance from Expenditure,the CR  file of CBEC was placed by Secretary Revenue to FM. FM is not in a mood for enhancement of staff strength. FM has stated since lot of expenditures have been incurred for Automation and Computerisation, then what is the justification for increase of staffs?. Board is unable to justify the same.Without strong agitation, nothing will be emerged in the present circumstances.

PLEASE DO THIS ALL OVER INDIA

Sri.Pushp Kumar jain has been appointed as Member CESTAT, Mumbai

Sri. Pushp Kumar jain, Chief Commissioner

 SRI.PUSHP KUMAR JAIN CHIEF COMMISSIONER VIZAG ZONE IS APPOINTED AS MEMBER CESTAT, MUMBAI

FinMin finally issues appointment orders of CESTAT Members-PK Jain posted in Mumbai Bench-Manmohan Singh in Delhi Bench-HK Thakur in Ahmedabad & IP Lal in Kolkata Bench-CESTAT Member BSV Murthy transferred from Ahmedabad to Bangalore

Source: Allindiantaxes

AIACEGEO TIRUPATI GREETS SRI BB PRASAD CHIEF COMMISSIONER, HYDERABAD ZONE

SRI..B.B. PRASAD CHIEF COMMISSIONER

SRI.B.B.PRASAD TAKEN OVER CHARGE OF CHIEF COMMISSIONER HYDERABAD ZONE TODAY. AICEGEO TIRUPATI REPRESENTED BY SRI.B.P.K.REDDY, GENERAL SECRETARY AND SRI.P.VIGNESHWAR RAJU, VICE PRESIDENT ON CAMP AT HYDERABAD HAVE CALLED ON THE CHIEF COMMISSIONER AND GREETED HIM ON HIS TAKING OVER OF HIS NEW APPOINTMENT. DURING THE BRIEF PERIOD THE CHIEF COMMISSIONER WAS VERY KIND ENOUGH TO LISTEN TO THE ISSUES RAISED BY THE TEAM WITH REGARD TO TRANSFER POLICY AND ASSURED TO CALL THE REPRESENTATIVES OF ALL ASSOCIATIONS BEFORE REVIEWING THE IZT POLICY. THE CHIEF COMMISSIONER ALSO HOPPED THE SIMILAR CO-OPERATION OF THE ASSOCIATION AND THE TEAM ASSURED HIM OF THE SAME.

Update from SG-AICEIA

Update on Recent Developments

 

        Office Bearers of the  constituents of the Joint Action Committee of Associations of Officers and Staff in the CBEC were invited to a meeting by the Member (P&V)  in New Delhi on 10.01.2013. AICEIA was represented in the same by the President and SG. The DGHRD, CBEC was also present in the meeting. Discussions  were centered around  the JAC Charter of Demands . Explanatory notes on the same had already been communicated to the Board. The JAC representatives articulated the aspirations of the respective cadres and put forth suggestions on how the same could be realistically met. The Official side is seized of the matter and has assured expeditious action in that direction.

 

      CBEC has returned the CR proposal  along with reply to all queries  and justifications for  functional  requirements to the DoP&T ,  where more than a dozen such proposals from various Departments are reportedly stuck, in view of the uncertainty surrounding  Austerity Measures announced by the MoF. Unless exceptions to those are made by the GoI, all CR proposals including ours remain stalled.   Meanwhile, it is learnt that on 11.1.13  the Board has  made a presentation on the CR proposals to the Finance Minister.  

 

      During the last week the AICEIA has made detailed submissions, in writing, and in person, to the Member(P&V), the DGHRD and the ADG(HRM) on its demand to upgrade as Superintendents all Inspectors of Central Excise who have completed the Residency period of 8 years of service . We are hopeful that the same will be considered soon. In fact indications are that a scheme for granting in-situ promotion to Inspectors  on length of service basis (as different from availability of vacancies condition) is under active consideration. We are in the process of communicating to the Board that any such scheme should also address present regional disparities, subsequent fixation of seniority in the Gr B Gazetted cadre, alleviate stagnation for good, and other such considerations.

 

      The Member(P&V)  and DGHRD have also been fully apprised of the problems being faced by Inspectors seeking transfer to a different Cadre Control Zone, on account of stringent conditions imposed by the Board and appropriate relaxations have been  sought again by the Assn. It was informed that the Board had considered the same in light of our earlier submissions, but not accepted it especially in view of  issues involving allotment of candidates to different  Zones being made by SSC, who have very serious reservations on dispensing with the condition precedent  of completion of probation to consider any such application for transfer. However, on our repeated requests,  the Member(P&V) relented and agreed to reconsider the entire  issue. We have accordingly resubmitted our representation.

 

     Further, the issues of divergent practices being followed in working hours of different Air Cargo Complexes (point concerning ACC Bangalore particularly raised by the Karnataka Circle of the AICEIA ),  problems faced by Inspectors assigned duties to exercise  physical control over cigarette factories etc.  (points raised by Chandigarh and Indore units of  AICEIA) too were highlighted in the meeting. 

    

       Hearing in  the  case  seeking  notional fixation of pay of Inspectors wef  1.1.1996   in Mumbai CAT was fixed for last month,  but it was adjourned in view of the appeal in High Court of Bombay in the case on same issue  on which litigation was  successfully initiated by IT Assn. coming up for hearing on 23.01.2013. The next hearing for our case in CAT is scheduled for 7^th Feb’13.

 

 

Ajit Kumar K G 

Secretary General    

సంక్రాంతి శుభాకాంక్షలు

MESSAGE RECEIVED FROM SEC. GEN. AIACEGAEO

Dear friends,
good afternoon.
1. There was a much awaited meeting/presentation (postponed by FM on 10.12.12) with FM yesterday on 11.01.13 by the Revenue Secretary & our Board. FM has placed some queries which are to be replied to him soon. It is, however, being learnt that austerity measures would not affect our CR. Details are awaited.
2. The file to implement the new ratio formula from 97 was moved around 3 weeks ago with positive note from HRD but the same was not agreed by higher ups at that time as per the information gathered. The matter is being pursued vigorously and once again has been initiated. I have procured some relevant papers in this relation to be submitted to the concerned authorities. Let's see the result.
3. Minutes of the meeting with the Officers’/Staff Associations under CBEC held on 21-12-2012 by DG,HRD are attached herewith with the request to send due suggestions as already requested.
4. The units/office bearers are again requested to send the feedback for 'non-offset of MACP upgradation with time scale' case.
5. The Chennai Unit is once again requested to kindly convey the status of the contempt petitions to be filed by the advocate in r/o MACPS.
6. I also went through a few deviating mails in r/o the agitional programme/charter of demands. I'll only requst all the units and officers that it is not the time to counter the issues but we should be all united to follow the programme as per the notice served under the worthy guidance of our President. It is the result of the notice only that action has been initiated as per the points 1 & 2 above. So, kindly concentrate to make the programme a 'grand sucess'. We'll have to think that the things are not so easy for us. We have to make continuous, long and effective efforts to achieve the things which are not possible without making the required presuure on the concerned authorities with "all united efforts". If we are unable to give an all united message to them, it'll serve no prpose.
Love,
Ravi.

MINUTES OF MEETING WITH HRD CBEC by

 

Railways Relax Condition of Production of Original Proof of Identity during Journey

           

            Ministry of Railways has made some relaxation in the condition of production of original Proof of Identity during train travel and particularly for the passengers belonging to the lower economic classes. 

            Under this relaxation, attested photocopy of Ration Card with photograph and Nationalised Bank Passbook with photographs shall also be accepted as a prescribed proof of identity only in case of reserved tickets booked through computerized Passenger Reservation System (PRS) counters, for undertaking journey in Sleeper (SL) and Second Reserved Sitting (2S) classes.  The photocopy of the Ration Card with photograph and Nationalised Bank Passbook with photograph should be attested by a Gazetted Officer or the Chief Reservation Supervisor or Station Manager/Station Master.  This relaxation applies only to Ration Card and Nationalized Bank Pass Book and not in case of other types of proofs of identity cards  for which  only original proof  will be required during journey.

            The above provision is not applicable for all classes of e-tickets and Tatkal tickets and tickets issued through PRS counter for travelling in Air-conditioned classes and First Class.  Travelling with these categories of tickets shall continue to be governed by existing instructions.

            This provision shall be made effective from 15.1.2013.

Board issues promotion-cum-transfer order in Chief Commissioner Cadre

 Board vide Office Order dt. 10-1-2013 has promoted two Commissioners as Chief Commissioners and effected certain changes  in Chief Commissioner cadre.

Shri S.B.Singh, CC, Hyderabad Zone has been  transferred to Jaipur- Central Excise.
Shri B.B.Prasad has been posted as Chief Commissioner, Hyderabad Zone.
We take this opportunity to place on record the committed and humane service rendered by Shri S.B.Singh during his stint as Chief Commissioner during the last one and half years in Hyderabad Zone.
We welcome Shri B.B.Prasad, who has earlier worked in Hyderabad as Dy. Commissioner and Commissioner, Hyderabad-III Comm'te and as ADG-Nacen, Hyderabad. We do hope that the kind of experience, positive outlook and humanistic attitude that Shri B.B.Prasad has got will definitely help the cadre of Hyderabad Zone.
We also hope that Shri B.B.Prasad being the CCA for the Hyderabad and Vizag Zone will definitely be helpful and considerate to the problems of all the cadres of Hyderabad and Vizag Zone.

-By B.P.K Reddy  General Secretary AIACEGEO, Tirupati Branch.

Promotion Orders issued to Superintendent Cadre in Hyderabad CCA

Promotion orders have been issued in Hyderabad CCA vide EO No. 01/2013 and 02/2013, both dated 3-1-2013 as detailed below.
1. Three Officers have been promoted on regular basis as detailed below:
    (a) S.Badrinath (Sealed cover)
    (b) U.V.Seetharama Raju, Promotion given this time on refusal last time
    (c) P.Gopalakrishna Kumar     -do-
2. Two Superintendents i.e. N.Srinivas Prabhu and G.Venkateshwar Prasad who are promoted on adhoc basis  earlier have now been promoted on regular basis.
3. One Inspector i.e. G.Samraj Kumar has been promoted on ad-hoc basis.
     It is learnt that there are no further vacancies  for promotion in Superintendent Cadre in Hyderabad CCA as on date.

Source: Hydexcust.

AN APPEAL BY COM. LOKNATH MISHRA, PRESIDENT AIACEGEO

FRIENDS,
WE KNOW IT VERY WELL that 90% of members of AIACEGEO are very old and in verge
of retirement hence they may not be interested to participate whole heartedly in
any type of agitation. This is the ground reality , which we have to accept.
We tried to join in JAC but due to some differences in opinion , we have decided not join in JAC.
As you know any Association can not get the bargaining power unless giving threaten
for agitation. Exclusively for that matters , we have decided to conduct
mild agitations. Mass resignation , boycott Excise Day, Lunch Hours
Demonstrations etc. are considered as mild agitation. In boycotting excise
day no Govt. work is hampered. If after submitting notice for mild agitation
if Govt called for negotiation ,it is always acceptable to gain bargaining power
in course of discussion. Because Govt. generally do not care for such
mild agitation. Considering this aspect only AIACEGEO had deferred
agitation twice. Gone are the days ,by threat of agitation something
can be achieved from GOI....Better negotiations,convincing
reasoning's with conviction on the demands etc is the only option open.
Considering all such issues last year the
call for boycott Excise Day was deferred and Association went
for discussion.Recently we are having an weapon in our hands i.e letter issued by
ADG/HRD duly taking approval of Member(P&V), in which she has requested
us to deffer the agitation only but she has not stated that conducting of
agitation is violation of conduct Rules and it is opened for us to
revive the agitation if the demands as discussed in the meeting are not
considered in time bound manner. This time agitation is a revival one .
Hence it is required for continuance of Charter of demands . Therefore in our
last AC meeting it was decided for not to change the points raACEGEOised in
charter of demands as already submitted and discussed with Member(P&V) on
02.11.2012. At present since it is decided to observe
protest week during 24.02.13 to 01.03.13, (considering the situation
of presentation of Union Budget, drive to achieve target etc.) during this
protest week , we can not join in any type of of celebration
for this matter only it has been decided to boycott the Excise Day.
Friends considering all these please come forward to work whole heartedly
to make the agitation a grand success.
Thanks & Regards.
LOKANATH MISHRA

AP HIGH COURT CASE OF GP 5400 TO ACP INSPECTORS

WP 39218 / 2012

WPSR 210177 / 2012

CASE IS:PENDING

PETITIONER RESPONDENT SECRETARY, G.O.I., MIN. OF FINANCE, NEW DELHI & 4 OT   VS P. VIGNESHWAR RAJU, HYD & 14 OT PET.ADV. : VISHNUVARDHAN REDDY(ASST SOL GEN) RESP.ADV. : VIJAY SUBJECT: CENTRAL ADMINISTRATIVE TRIBUNAL DISTRICT:  HYDERABAD

FILING DATE:  18-12-2012 POSTING STAGE :  FOR ADMISSION REG. DATE    :   19-12-2012 LISTING DATE :  06-01-2013 STATUS   :  ---------

HON'BLE JUDGE(S): ASHUTOSH MOHUNTA     K.S.APPA RAO

PRESS STATEMENT MASS RESIGNATION BY GAZETTED EXECUTIVE OFFICERS

All the Gazetted Executive Officers of Central Excise ,Customs
and Service Tax Department of Central Government posted through out the country
will take part in the agitation to be conducted during 24.02.13 to 01.03.13 ,
boycott the Excise Day on 24.02.13 and finally will submit mass resignation on 30.04.13.
The Gazetted Executive Officers posted in entire 124 Commissionerates have confirmed
their participation in the strike action.
The strike is organised by the All India Central Excise Gazetted Executive Officers, New Delhi on
the basis of the strike notice served on 31.12.2012 to Finance Minister of India for
a settlement of the 10 Point charter of demands .
The Gazetted Executive Officers of throughout the country
are mainly agitated over the delay in approval of Cadre Restructuring proposals of Central Board of
Excise and Customs and cleared by the Department of Expenditure since long
by the Department of Personnel & Training which is headed by the Prime Minister of India .
It is required to approve Cadre Restructuring in every 5 years but only 2 cadre restructurings
were approved during 1991 and 2001 by Central Government for this old Department which was
created during the year 1944. There are near about 12000 Gazetted Executive Officers
working in Central Excise , Service Tax and Customs Department but all most all of these Gazetted
Executive Officers are retiring without getting promotion to Gr-A posts. The reason
of such acute stagnation is mainly attributed for non conducting of Cadre Restructuring within
the time frame prescribed by Central Government.
The Gazetted Executive Officers known as Superintendent of Central Excise
are retiring after getting only one promotion in their service career on account of
decades long acute stagnation. They are deprived of the appropriate
pay scale/pay band & grade pay. They are facing the worst career
prospects and working conditions. The employee grievance redressal
mechanism has totally failed as the administration has no interest to
redress the staff grievances. The Gazetted Executive Officers of Central
Excise are forced to work under the extreme juniors of Customs belonging
to the same cadre.
The cadre restructuring is pending with the government for last 6 years.
The concerned authorities are taking nothing seriously in relation of any
of the issues.
In view the above, the Association is forced to decide to revive
the agitational programme . Accordingly, the notice is being
served upon by the Association on 31.12.2012 intimating that
all its members would observe protest week
from 24.02.13 to 01.03.13 by wearing black badges, having peaceful
demonstration in lunch hours on 01.03.13 and totally boycotting the Excise Day
function on 24.02.13 throughout the country. As a next step, all its
members also may submit mass resignations on 30.04.13 in protest.

The 10 points charter of demands as submitted by
the Association on 29.10.12 along with other points were discussed in the
meeting held on 02.11.2012 under the Chairpersonship of Member(P&V),
Central Board of Excise and Customs and the Member(P&V) was pleased to
assure the Office Bearers to settle all the grievances within three months.
The Member(P&V) was also further pleased to appeal the Association to defer its agitational
programme for 3 months. Accordingly ADG (HRM) of HRD, CBEC issued one
letter duly approved by Member(P&V) to the Association asking to defer the agitational programme.
Therefore , the programme was deferred for the time being as per the request of
Member(P&V).

Despite the assurance to settle grievances of association in the time bound manner,
not a single point has yet been settled by Board. Therefore it has been
unanimously decided in the Associate Committee meeting of the Association
to revive the programme during the month of February, 2013, if all its
grievances are not settled in time bound manner within 31.01.2013.

Charter of demands

1. Immediate implementation of the cadre restructuring without any cut as already
approved by the Expenditure. All proposed posts are required to be approved
permanently and be filled-up by the way of promotions only along with all
posts likely to be lying vacant within 5 years of implementation of Cadre
restructuring without any direct recruitment in group ‘A’ during the period.

2. Parity with other counterparts of CSS, CBDT, Customs etc. either in the
cadre restructuring or independent of it to retire our officers in PB-4.

3. Immediate fulfilment of the commitments like all the vacancies of cadre
restructuring to be filled up by promotions & extend this benefit for more than
1 years, creation of separate service for group ‘B’ executive officers,
promotion of group ‘B’ gazetted executive officer directly to STS like CSS, minimum qualifying service for promotion to gazetted post should be uniform for Inspector, PO & Examiner, all Inspectors, PO’s & Examiners of same year should be brought to same level of promotion etc. etc. made during the presentation on cadre restructuring proposal on 18.01.11 in consonance of the submissions made by the Association vide its Ref. No. 13/11 Dt. 27.01.11.

4. At least four functional promotions in the service career.

5. Immediate implementation of the Supreme Court verdict dt. 03.08.11/30.03.12
by framing “just, fair & equitable” recruitment rules and abiding all the
ad hoc promotions with the same duly granting notional promotions to
the seniors of Central Excise whose juniors of Customs have already
been promoted.

6. Initial grade pay of Rs. 5,400/- in PB3 w.e.f. the date of the grant of this
grade pay/equivalent pay scale to the other analogous counterparts of IB, CBI etc.


7. Time-scale in PB3 to the Superintendents completing 4 years of service &
promotions to all Superintendents directly to the post of Deputy Commissioner
to maintain parity between the officers of headquarters organisations and field offices.

8. At least a grade pay of Rs. 6,600-/ & 7,600/- on IInd & IIIrd MACP upgradation
without offsetting with time scale on the lines of MACPS adopted by
the State Governments like Uttar Pradesh etc. or even on better lines originating
source (i.e., 6th CPC) being the same.

9. Finalisation of in-situ promotion scheme under consultation of the Association.

10. Holding of regular minuted meetings under employee grievances
redressal mechanism.
LOKANATH MISHRA
PRESIDENT
ALL INDIA CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS.