. FLASH !!! ON FILING CONTEMPT BY P VIGNESHWAR RAJU CASE ON 5400 TO ACP INSPECTORS' BOARD ISSUES IMPLEMENTATION ORDER AND ALL THE APPLICANT HAVE BEEN FIXED IN 5400 ...
6500/7500 SCALE FROM 1.1.1996 OF INCOME TAX AT BOMBAY HIGH COURT IS POSTED FOR TODAY IE.21.06.2022

Saturday, December 21, 2013

AN APPEAL BY COM.LOKNATH MISHRA

An appeal to all.
Dear Comrades,
After issue of notification on 18.12.2013 for implementation CR by CBEC many members have congratulated us stating that increase of 3107 nos. of Gr-A post during the ensuing CR is an achievement of AIACEGEO simultaneously many members have sent SMS and mails stating that “the giving of 2118 posts of Assistant Commissioners for a limited period without any benefit to the Cadre as a whole is like giving them (2118 persons) wings as given by nature to ants for their enjoyment of last flight before death" & “CR- what we got- Babaji ka thullu” ( as said in comedy nights wd Kapil) etc etc. Mainly many members have objected to para 4 of FNO. A.11019/08/2013-AdIV dated 18.12.2013 which provides that 2118 temporary Assistant Commissioner posts have been created for 5 years, and these posts will be filled up on promotion from the feeder grades specified in the relevant Recruitment Rules and the promotions against these vacancies shall not entail further promotion to any level beyond Junior Time Scale (JTS)”.
In this connection, we have already clarified that once a post is created whether temporary or permanent, it is not possible to abolish the same without conducting CR. Ministry of Finance OM No. A-11019/6/76-EGI dated 24.3.1976 inter alia provides that Administrative Departments may, if they are satisfied that the temporary posts are required for work of a permanent nature, convert with the approval of the respective internal FA, 90% of such posts in to permanent ones, provided they have been in existence for a continuous period of not less than 3 years. Ministry of Finance No. F.1 (a) E.II(A) 74 GID, below schedule III, DFP Rules, 1978 provides that an authority competent to create a post shall be competent to continue the temporary posts beyond the specified period. Hence these temporary posts can be converted to either permanent after 3 years or continue for a further period after 5 years. According to me it is better if these will continue temporary further, because there is no provision of direct recruitment for temporary posts. As regards , the stipulation that the provision against the temporary vacancies shall not entail further promotions to any level beyond JTS, we have already clarified that the same is clearly a violation of CAT, Chennai Bench order to the effect that on completion of 4 years in JTS one is entitled to get promotion to STS automatically ( CBEC has accepted and implemented the said CAT order). No executive order can be issued contradictory to any judicial decision , hence these stipulation will be overlooked and further promotions to STS posts will be allowed to the persons who will hold such temporary JTS posts if otherwise eligible for promotion. 
Now a question may arise as to why these temporary posts have been created?. In this connection, I would like to clarify that CBEC has initially recommended for creation of more than 4000 Gr-A posts and Department of Expenditure has also accepted the same but DOPT has mainly objected the CR of CBEC on the grounds that (i) more than 33.3% Gr-A posts can not be created in course of CR and (ii) as per the decision of Apex Court 50% newly created posts must be provided to direct recruitees. The DOPT has also raised such objection against the CR of CBDT also. As regards the CR of CBDT , it has been approved for 1489 nos. of Gr-A posts( 33.3% of 4192 of existing posts plus LR posts) . There is a provision of implementation of CR of CBDT in phase manner during five years and each and every year promotions will be allowed for 150 posts and also direct recruitment will be made for 150 posts. As per this restriction only 586 nos. Gr-A post were created for CBEC during the last CR of CBEC. Though there is no provision of direct recruitment in last CR but this time DOPT has compelled CBEC & CBDT to make a provision for direct recruitment. Considering both the issues DOPT suggested for creation of 989 Gr-A posts for CBEC( 33.3% of 2485 of existing posts plus 10 % of 1550) during the present CR. 
Friends , against the approval of CR of CBDT, both Associations of Income Tax Department , ITGOA & ITEF have started agitations and tried to influence FM through MPs but they could not add a single post with the approved posts. Like ITGOA, the All India Audit & Accounts Officers Association is also a very strong Association, but in their department the sanctioned strength of S AOs is near about 5000 nos and sanctioned strength of JTS posts is 900 and only 33.3% of JTS posts are reserved for promotion and there is also a age restriction of 53 years. However, through your co operation , we started agitation for approval of more nos. of Gr-A posts and tried to influence the FM and Chairperson etc. Due to our sincere efforts a formula was created by Expenditure for creation of temporary posts and finally it has been approved. The use of words that “ the posts are for 5 years and no further promotion etc. etc “ are only procedurals and I assured you that these temporary posts will not be abolished after 5 years and all persons who are to be promoted to such temporary posts will also be promoted further if eligible.
Friends we know our stagnation issue including the issues of regional disparity and intra cadre disparity can not be removed unless a flexible promotional scheme is being introduced in our cadre. Our Secretary General has already informed that “The issue of stagnation in the cadre of Superintendent was discussed in the meeting of the group of ministers (GOM) on 17.12.2013 independent of cadre restructuring. It was referred to the GOM by the Administrative Reforms Commission on the basis of representations submitted by AIACEGEO for creation of a separate service and removal of stagnation and parity with base cadres and preparation of all India base cadres seniority lists. 2ndly as per the recommendations of the Cadre Review Committee/ Committee of Secretaries, CBEC is also on the job to prepare some scheme for group B officers independent of cadre restructuring. Let's see the result and be well prepared to follow the step/steps to be taken by the Association, if scheme is contrary to our interest. No need to say that our aim is to get all of our officers entered into PB4 and a good number of them into even higher levels. If it is possible for other counterparts of ours, there should be no problem to happen it for us too”. 
Therefore only I can appeal to all of you that please be united to achieve our ultimate goals for removal of staganation.
With regards.
LOKANATH MISHRA

Wednesday, December 18, 2013

CONSTITUTION OF COMMITTEE ON CADRE RESTRUCTURING

Cadre Restructuring Committees


CR NOTIFICATION

Cadre Restruct Ins


NOTIFICATION FOR APPROVAL OF NEW POSTS ON CADRE RESTRUCTURING OF CBEC IS ISSUED

The CBEC vide F.No.A.11019/08/2013-AD -IV dated 18.12.2013 has
issued notification for approval of  creation of total numbers 18067 posts.
 As regards Group-A posts the break up is furnished below.
 PrCC-14
CC-38
PC-53
Com-45
ADC/JC-339
DC-200
AC-300
Temp AC-2118.
Para 3 of the notification provides that all regular posts will be filled up as
per RRs(50% for direct, 50% for promotee).
Para 4 of the notification provides that temporary posts will be filled up
 by promotion from feeder carders on the basis of prescribed ratio.
The promotion against these temporary vacancies shall not entail
further promotion to any level beyond JTS.(That means temporary
 promotees  will have to be regularised against regular posts and
 thereafter will be entitled for further promotion).
Pending notification of revised RRs, the newly created posts will
 be filled up on the basis of extant guidelines of RRs issued by DOPT. 

Sunday, December 15, 2013

INSPECTOR TO SUPDT PROMOTION HYD CCA


SRI.U.S.ENAYATULLAH AND SRI. M.A.RAVOOF HAVE BEEN PROMOTED AS SUPDTS.VIDE ORDER ISSUED BY COMMISSIONER -I HYDERABAD ON FRIDAY THE 13TH DECEMBER 2013. COPY WILL BE POSTED ON 16.12.2013.


Friday, December 13, 2013

UPDATE ON CR BY SRI. RAVI MALIK SG AIACEGEO

Regarding issue of the cadre restructuring notification and DPC against existing vacancies of AC.


Dear friends,

Namaste.
I am getting regular queries regarding the cadre restructuring notification
and DPC against existing vacancies of AC. 
1. As far as the notification on cadre restructuring is concerned, the
 minutes of the cabinet meeting have been finalised and sent to our
department. Now, notification may expectedly be issued within next week.
All the units as well as zonal office bearers are once again requested to
expedite the information already sought by HRD from all CCA's in r/o cadre
restructuring.
2. As far as the DPC against existing vacancies of AC is concerned, the
 UPSC has sought some clarification from DOPT/CBEC regarding 
some judgement of  Punjab & Haryana  High Court. The DPC
 for all the departments from group B to group A have been put on hold
 by UPSC for the want of this clarification. This clarification perhaps 
relate to some reservation issue. 
Love,
Ravi Malik.
SG/AIACEGEO.

Wednesday, December 11, 2013

VACANCIES IN CENTRAL GOVT. SERVICES

Vacancies in Central Government Services




           
 Group-wise estimated number of vacant posts of regular 
Central Government Civilian Employees as on 01.03.2012 is as follows:-

                   Group
Number of Vacant posts
A
12909
B(Gazetted)
10116
B (Non-Gazetted)
30977
C (Non Gazetted)*
546011
Total
600013

Erstwhile Group D posts have been categorized as Group C 
after implementation of 6thCPC. 

No such decision has been taken by the Government to reduce
 certain percentage of posts annually.  As per the Office 
Memorandum issued by the Ministry of Finance 
(Department of Expenditure) on 18.09.2013 on 
‘Expenditure Management – Economy measures
 and rationalization of Expenditure’, posts that have 
remained vacant for more than a year are not to be 
revived except under very rare and unavoidable 
circumstances and after seeking clearance
 of Department of Expenditure.  Individual 
Ministries/Departments have to take necessary action 
to fill up vacant posts in their Departments.

This was stated by Shri V. Narayanasamy
MOS (PP) in written reply to a
 question byShri A. Sampath , Shri Ashok Kumar 
RawatShri Vilas MuttemwarDr.Ram 
Chandra Dome and Shri M.B.Rajesh in Lok Sabha today.

*****

Monday, December 9, 2013

IF YOU ARE JUST MISSING AC PROMOTION IN THIS CR, CHECK IF YOU CAN MAKE IT IN NEXT FIVE YEARS

BY THIS TIME ALL THE OFFICERS MUST HAVE COME TO KNOW THEIR STATUS OF PROMOTION AS AC IN THE SENIORITY LIST. LITTLE ANALYSIS IS MADE HERE TO SHOW THE OFFICERS LIKELY TO GET PROMOTION DURING NEXT FIVE YEARS BY CALCULATING RETIREMENTS.

HERE IS THE LIST OF SUPERINTENDENTS RETIRING IN NEXT FIVE YEARS. THIS DOES NOT INCLUDE THE EXISTING ACs/DCs. OBCs ARE INCLUDED IN GEN.

General (incl.SC+ST) = SC/ST promoted in general quota.


RETIREMENTS OF SUPDTS FOR NEXT FIVE YEARS
Category
2014
2015
2016
2017
2018
TOTAL
General
(incl.SC+ST)
532
528
616
541
499
2716
SC
49
54
64
54
54
275
ST
11
14
20
31
26
102
G.TOTAL
592
596
700
626
579
3093


THIS LIST IS PREPARED BASED ON THE SENIORITY LIST PREPARED BY SRI.RAJENDRAN SUPDT.

Saturday, December 7, 2013

Process to Constitute the 7th Central Pay Commission Along with Finalization of Its Terms of Reference, The Composition and Timeframe Initiated

The Government has initiated the process to constitute the 7th Central Pay Commission along with finalization of its Terms of Reference, the composition and the possible timeframe for submission of its Report. The date of effect thereof will be known once the Report is available. 

This was stated by Shri Namo Narain Meena, Minister of State in the Ministry of Finance in a written reply to a question in the Lok Sabha here today. 

.
***********


PIB

Friday, December 6, 2013

CONGRATS....CR APPROVED

 CONGRATULATION COMRADES !!!  THE UNION CABINET TODAY APPROVED THE CADRE RESTRUCTURING OF  CENTRAL EXCISE & CUSTOMS DEPARTMENT!!!
Dear friends,
Namaste.
Cadre restructuring has now been approved by the cabinet resulting in the promotions of thousands of our officers to group ‘A’ which never happened in the history. Likewise, thousands of Inspectors & Ministerial officers will get promotion and the benefit will also cascade to lower side. Only a few of us were able to get entry into group ‘A’ at the fag end of career till date but now it is the historic moment for the celebrations. Thanks to all who toiled and contributed for this success of the Association. Also thanks to all of the concerned authorities including FM, Cabinet Secretary, Revenue Secretary, Expenditure Secretary, DOPT Secretary, our Chairperson & Members of CBEC, our DG & ADG of HRD alongwith their Addl. Commissioners to Asstt. Addl. Directors/Superintendents & other staff.
But this is not the final celebration. We have still to do a lot for our officers and our fight will continue until all of our officers are able to at least attain Ist stage of PB4 level.  So, we have to be ready for further steps to be taken by our Association including strong & effective agitational programme at the appropriate time.
Alongwith agitational programmes & administrative efforts, we may need to take legal recourse on many of the issues. There are already at least 6 cases being pursued in the legal courts- i) parity in promotions with intra-organisational counterparts in Delhi CAT (we may also need to file the legal case regarding promotional parity, functional or non-functional, also with inter-departmental counterparts if govt doesn’t do anything in the matter in consonance of the recommendations of CRC to do something extra for group ‘B’ officers), ii) time scale in PB3 in Delhi CAT, iii) undoing of offsetting of MACP upgradation with time scale & undoing of para 8.1 in Delhi CAT (as per legal advice, we may have also to file one independent case on undoing of para 8.1 after going through the reply of the govt), iv) arrears of pay in Cuttack CAT, v) pay scale of Superintendent in Cuttack CAT and vi) arrears of pay in Jabalpur High Court filed by the then Inspectors Association. As far as the Jabalpur High Court case is concerned, our Association may have to become party in this case to expedite it because the reply of the govt has already been filed but rejoinder is still awaited to be filed. This case was posted in the month of September, 13 but didn’t come to hearing. Whatever will be the result, we have to expedite it as all of then Inspectors have now been become Superintendents and they are also keeping retired on regular basis. One of our officers, who is one individual party in this case, contacted the concerned advocate but he (advocate) didn’t respond properly saying that he would talk to the office bearer of the then Inspectors Association only. So, our role starts in the matter. Not only these cases, we may have to file some more cases including benefit of time scale to all concerned Superintendents after Ist ACP during the stint as Inspector, benefit of stepping up of pay under ACP/MACP to all concerned Superintendents, implementation of extended panel to benefit our officers, issuance of fire arm on sale basis instead of loan etc. and many more if the concerned authorities have deaf ear to our causes. We need hefty funds not only for the legal issues but also for many other miscellaneous purposes. So, all the units are requested to clear their dues including subscription & funds immediately, rather in advance also. All are requested to fund the Association maximum to their capacity. All individuals are also requested to fund the Association, so that none of our causes is defeated at least for the want of funds. If even only Rs. 5000/- per individual are funded to our Association, it will result into a very big legal fund. Everybody knows that an amount of Rs. 5000/- is merely a meagre amount per gazetted officer in the present time but this meagre amount will result into hefty legal funds, if we all take interest. Small drops will certainly accumulate into big ocean by this. And we have to make it a regular habit like making charity for ourselves.
The notification regarding cadre restructuring is now expected to be issued very soon on receipt of the minutes of the cabinet meeting by CBEC. As a result of it, the process of promotion of 2118+150 group B officers to group A will start. In addition to it, around 344 promotions will cascade from higher side. And DPC for around 149 existing vacancies of AC is already on the cards and around 125 more existing vacancies should also cascade from higher side. So friends, it is the time of celebrations for all of us. None of our senior now will retire without promotion. Moreover, the retirement vacancies against 2118 will be utilized for the promotion of promote officers only without any Direct Recruitment against these for coming 5 years. I hope that nobody will like to halt the process by adopting any legal measure in individual interest regarding cadre restructuring.  
Love,
Ravi Malik.
SG/AIACEGEO

Thursday, December 5, 2013

CONGRATS... CR IS BEING APPROVED BY CABINET TODAY

FLASH   !!! AS PER THE INFORMATION RECEIVED FROM SG AIACEGEO IT APPEARS THAT THE CR NOTE HAS BEEN PUT UP TO PRESENT CABINET, MAY BE APPROVED TODAY.

Tuesday, December 3, 2013

REQUEST FROM RAVI MALIK

Dear friends,
Namaste.
1. All are requested to kindly furnish the following information to the AIB treating the same as THE MOST IMMEDIATE-
i) Names of the Inspectors of Income Tax who have recently become Commissioner or Addl. Commissioner.
ii) Names of the Inspectors of Income Tax who are to become Commissioner or Addl. Commissioner in the near future.
2. The AIB has been given the understanding that a few units are trying to go to the legal court through some of their officers on the issue of regional disparities. If it is true, the implementation of cadre restructuring may be affected adversely and our senior officers waiting for the promotion at the fag end of the career may not be promoted & keep retiring without IInd promotion. As far as the regional disparities are concerned, the same will automatically be removed if we are able to get parity with the common entry counterparts for which a case is already being pursued in the Principal Bench of CAT by the AIB. It is, therefore, requested to all to fight unitedly to get parity with the common entry counterparts instead of inciting infighting between us. Such infighting may only stall the implementation of the ensuing cadre restructuring. So, it is advised to every body not to kindly take any step to harm the interest of our senior retiring officers.  
Love,
Ravi Malik.
SG/AIACEGEO