A HAPPY AND PROSPEROUS NEW YEAR 

2010 

TO ALL INSPECTORS

WE HOPE ALL OUR PROBLEMS WILL BE SOLVED DURING THE YEAR 2010

2010 IS GOING TO BE A SETTLEMENT YEAR FOR ALL

National Anomaly Committee Meeting and decisions.

Dated: 14th December, 2009

Dear Comrade,

National Anomaly Committee

Meeting and decisions.

            The first meeting of the National Anomaly Committee was held on 12^th December, 2009. Secretary (Personnel) chaired the meeting.  On behalf of the Confederation, Com. S.K. Vyas, President and Com. K.K.N. Kutty Secretary General attended and participated in the discussion.  In the opening remark, Com. Umraomal Purohit drew the attention of the Chairman of the non-functioning of the Departmental Councils in various departments and the consequent non setting up of Departmental Anomaly Committees.  He also raised the issue of the order of the DOPT defining the term Anomaly, which was at variance with the one given in 1997.  He recalled the discussion he had with the official side in the matter when it was agreed that the definition of the term would be the same as was in the order of 1997.  Responding to the remarks made by the Staff Side Secretary, the Chairman said that his office would take steps to ensure the functioning of the JCM at all levels and informed the meeting that the National Council of the JCM would meet on 16^th January, 2009 and the notice therefore has already been issued.  On the question of anomaly, it was informed by the Chairman, that all efforts would be taken to address all questions of anomaly and resolve them.  The official side clarified that all questions of disparity in relativities would also be addressed except on  those on which the 6^th CPC has gone into and taken decision enumerating reasons.  The Chairman asked the staff Side to bring to the notice of the DOPT/DOE of all those items which stand rejected by the concerned Departmental Anomaly Committees taking shelter under the extant definition. 

            We now reproduce the items which were discussed and the decisions arrived on each of them. 

1. The item Nos. 1 to 4 and 5(iii)(iv) and 7 were grouped together and discussed as they were identical in content.  For the sake of convenience, we reproduce item No. 3 which covers all the above mentioned items.

Fixation of Pay in Revised Pay Scale

The VI CPC in para 2.2.19 (vii) has indicated that where prerevised pay scales have been merged it has been done by extending the existing minimum prescribed for the highest pay scale with which the other scales are being merged. Accordingly it has also been stipulated in 7(1) (A) of the CCS (Revised Pay) Rules, 2008 that if the minimum of the Revised Pay Band / Pay Scale is more that what is determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding of the resultant figure to the next multiple of 10, the pay shall be fixed at the minimum of the revised Pay Band / Pay Scale. Note 2B below Rule 7, ibid and illustration 4B given in the Explanatory Memorandum to the Revised Pay Rule apply to cases of merger of Pay Scales.  Note 2 B states that pay in the revised Pay Bands will be fixed in the manner prescribed in accordance with Clause (A) (i) And clause (A) (ii) of Rule 7. In illustration 4B a case of an employee in the pre revised pay scale Rs.5000-8000 drawing Rs.5600 as on 1.1.2006 in the pay scale of 6500-10500 has been indicated with which the pay scale of Rs.5000-8000 stands merged.

Taking these into account the pay in the Pay Band in the case of all employees in the Pay Scales of Rs.5000-8000 and Rs.5500-9000 has to be fixed at Rs. 6500 multiplied by 1.86 i.e. Rs.12090. The fixation tables for pay scales 5000-8000 and 5500-9000may therefore be modified fixing the pay in the pay band at Rs.12090 wherever it is less than that amount.

Illustration 4B in the explanatory memorandum to the Revised Pay Rules 2008 may be modified as under:-

Existing Scale of Pay                             5000-8000

Pay Band PB-2                                    9300-34800

Merged with Pay Scale                         6500-10500

Existing Basic Pay as on 1.1.06 Rs.5600

Pay in the PB-2  Rs.5600 X 1.86 = 10420    As per Clause (A) (i) of Rule 7(i) of Revised Pay rules 2008

Pay in the PB-2  Rs.6500- X 1.86 = 12090      As per Clause (A) (ii) of Rule 7 (i) of Revised Pay Rules 2008

            Grade Pay Rs.4200

Revised Basic Pay  Rs.16290

Decision:

The Staff Side pointed out that what has been recommended by the 6^th CPC in Para 2.2.19(vii_ in respect of fixation of minimum pay in the Pay band for merged pay scales had not been taken into account while computing the pay band and the table.  After some discussion, the official side stated to have a re-look into the matter.

Item No. 5(i)

On Revised Pay Rules. 2008

(i).Option

It has been mentioned under sub rule 4 thereof that the option once exercised shall be final and should be exercised within three months from the date of notification of the rule vide Sub rule I thereof. Since it is very difficult to comprehend and assess the implication of such option, we propose that the first option exercised within three months may not be treated as final and the employees be permitted to revise the option within six month of the date of exercising the first option.

Decision.

The official side has agreed to allow another option.  The Side Side also pointed out during the discussion that the option exercised by the officials under F.R. 22(I)(A(1) on promotion has been restricted to only first promotion, which appears to be unreasonable.  The official side has agreed to examine whether the above option can be allowed to cover all promotions.

Item No. 5(ii)

(ii). Special allowance and qualification pay which are taken for fixation purposes on promotion should be doubled with effect from 1.1.2006 and not from 1.9.2008 as it cannot be construed to be an allowance. If this is not done, senior employees will suffer loss in emoluments, in case of persons who are promoted during the period between 1.1.2006 and 1.9.2008.

It was pointed out that the item relating to 5^th CPC is still pending at the Standing Committee.  The Official Side stated that the item would be covered when a decision is taken on the item relating to 5^th CPC.

Item No. 5(vi)

(vi) Rule 9. Date of next increment

It is seen after going through the stipulation in the above rules that a person whose increment falls on 1.1.2006 will get the increment on 1.1.2006 in the pre revised pay scale and will get the next increment in the revised pay structure on 1.7.2006 i.e. on expiry of six months. Similarly those, whose next increment is between 1^st July, 2006 and 1^st December, 2006 would also be granted next increment in the revised pay structure on 1.7.2006. On the other hand, the persons whose increment dates are between 1^st Feb. 2006 and 1^st June 2006 have to wait for more than 12 months to get the next increment on 1.7.2006. This is quite anomalous. In the case of those who retire during the period between 1^st Feb. and 30^th June, they will suffer a loss of one increment perpetually thus affecting their pension. It is, therefore proposed that the persons whose increment falls between 1^st February and 1^st June, 2006 may be given one increment on 1.1.2006 as a one time measure.

The official side agreed to issue orders to cover those in service between 1.1.2006 and 1.7.2006 as a one time measure.  The Staff Side however, pointed out that they have made the suggestion for a one time measure on the specific understanding that Rule 9 of the Revised Pay Rules 2008 has no applicable in the fixation of increment date in future as in those cases, the Fundamental Rules will have the application.  The Official side was of the opinion that the Revised Pay Rules will override the provisions of the Fundamental Rules.  The Staff Side then contended that the increment of an official cannot be postponed except on award of a penalty after  initiation of the disciplinary proceedings. The official side after some discussion agreed to reconsider the issue in the light of the contention made by the Staff Side. 

Item  No. 5(vii).

(vii).     Tax deduction from salary:

Spread over of the arrears of salary is permissible under section 89 (a) of the I.T. Act.  No tax will thus become payable by Group D employees on account of receipt of arrears eventually. Therefore, executive instructions may be issued not to deduct any tax from the arrears payment pertaining to the Group D employees. In respect of others, they may be allowed to exercise option to tax the arrears either on receipt basis or accrual basis.

Decision .

Since the arrears have all been paid after deduction of tax, this item was not pressed.

Item No. 5(vii)Temporary Status Casual Labourers

As per existing scheme the employees who are afforded temporary status are paid the wages computed with reference to the minimum of the corresponding scale of pay of regular employees. In the case of Group D temporary status employees, it will become necessary that they are afforded the requisite training if they are non- matriculates.

Decision.

Orders would be issued in the case of temporary status employees.  In the case of those who died /retired between 1.1.06 and 1.9.2008 grant of grade pay of Rs. 1800 without training was raised by the Staff Side.  It was agreed that the Govt. would take a decision in their case  favorably.

            Item No. 6.

Benefit on promotion.

It is an accepted proposition that an employee when promoted to a higher post involving higher responsibility should get a suitable raise in his salary. It was on this consideration that FR 22-C was framed whereby the promotee was first granted an increment in the lower Pay Scale and then fixed at the appropriate (next) stage in the higher grade.

At the time of V CPC it was agreed that minimum increase in salary on promotion shall not be less then Rs.100/- There are certain grades in which, on promotion, a hike of Rs.650/- is being allowed with reference to pre-revised pay scale.

In these circumstances grant of only one increment in the lower Pay Band / Pay scale and difference in grade pay, if there be any, being granted on promotion is certainly inadequate. We therefore propose that minimum benefit on promotion should not be less than 10% of the Pay+Grade Pay of the feeder post.

Decision:

The official side stated that the above item was not covered under the definition of anomaly.  However, after some discussion, it was agreed that the official side would further discuss the issue outside the forum  of the Anomaly Committee.

Item No. 7.

Fixation of pay on promotion.

The minimum Entry pay with Grade Pay in the revised pay structure for direct recruits appointed on or after 1.1.2006 has been specific vide first Schedule, Part –A, Section II of the Gazette Notification of the Govt. of India, Ministry of Finance No. G.S.R. 622 (E) dated 29.8.2008.

           

On promotion, the pay of the promotees should not be less than the direct recruits.

In VI CPC structure there is no pay scale and new concept of grade pay has been inducted, which should determine the status.  As such the following provisions need to be inserted below clarification 2.  'The method of Fixation of Pay on promotion on or after 1.1.2006.

"on promotion to the higher grade pay of an employee should be fixed appropriately and in any case it should not be less than the entry Pay in the revised pay structure for direct recruits appointed on of after 1.1.2006 for the post." further, on promotion to the next higher grade pay an employee should be fixed by adding 10% of pay, plus the grade pay as demanded by NC/JCM in its memorandum submitted to the Chairman, NC/JCM/Cabinet secretary on 8.4.2008.

Decision.

The Official Side agreed to issue enabling orders in the matter.

Item No. 8.

Refixation of pension/family pension.

Para 9 of the Ministry of Personnel, Public Grievances and Pension's O.M. No. F.No. 38/37/08-P&PW (A) dated 1.9.2008 states as under:-

"The consolidated pension / family pension as worked out in accordance with provisions of para 4.1 above shall be treated as final basic pension with effect from 1.1.2006 and shall qualify for grant of Dearness Relief sanctioned thereafter.".

This has left uncovered the provision made in para 4.2 of the same OM, which lays down as under:-

"The fixation of pension will be subject to the provision that the revised pension in no case, shall be lower than fifty present of the minimum of the pay in the pay band plus the grade pay corresponding to the pre-revised pay scale from which the pensioner had retired. In the case of HAG + and above scales, this will be fifty percent of the minimum of the revised pay scale."

Since refixation of pension has been allowed both under paras 4.1 and 4.2, they should both he covered in para 9 of the OM.  It is requested that para 9 of the said OM may be revised including both paras 4.1 and 4.2 thereof.

Decision.

Orders have been issued vide O.M.dated 12^th and 14^th September, 2009

Item. No. 9.

Anomaly in pension for Government Servants who retired/Died in harness between 1.1.2006 and 1.9. 2006

The Sixth Central Pay Commission lays down inter-alia that once an employee renders the minimum pensionable service of 20 years, pension should be paid at 50% of the average emoluments received during the past 10 months or the pay last down, whichever is more beneficial to the retiring employee.

As per the Ministry of Personnel, Public Grievances and Pension O.M. F.No. 38/37/08-P&P(W)(A) dated 2^nd September 2008, these orders shall come into force with effect from the date of issue of this OM, namely 2^nd September 2008 and shall be, applicable to all Government Servants becoming entitled to pension after rendering the minimum qualifying service of 20 years or on completion of 10 years qualifying service in accordance with rule 49(2) of the CCS (Pension) Rules, 1972.

However, the Govt. servants who have retired on or after 1.1.2006 but before the date of issue of this OM (2.9.2008) have been debarred from this benefit. They will be governed by the rules/ orders which were in force immediately before coming into effect of these orders. In other words their pension will be calculated on average emoluments received during the last 10 months and not on the actual pay last drawn. It is requested that this discrimination should be removed.

Decision.

Orders are under issue.  The Staff Side raised the inordinate delay in fixing the revised pension and disbursement of arrears to pensioners.  The official side assured to monitor the payment of arrears to pensioners.  The refusal on the part of many banks to issue the due and drawn statement even on requisition was also brought to the notice of the Chairman.  The Director (Pension) assured that suitable instructions would be issued in this regard to all Banks.

Item No.10.

Commutation of pension.

The minimum period of service for eligibility for pension is 10 years. For appointment to Government Service the minimum age is 18 years. In view of this, if a person is appointed at the age of 18 years he cannot become eligible for pension unless he has served for a period of at least 10 years and attained the age of 28 years i.e. when his birthday falls in the 29^th years.

The table adopted a per the Ministry of Personnel, Public Grievances and Pension's OM No. 38/37/08-P&PW (A) dated 2.9.2008 shows the minimum age of next birthday after retirement as 20 which is not understood. It is requested that suitable amendment to the table referred to may be notified.

The item was withdrawn by the Staff Side.

Item No.11 to 14. These items were deferred for discussion at the next meeting.

Item No.15.

Parity in pension of all pre 1996 retirees with those who retired on or after 1.1.2006

The Government have already accepted in principle that there shall be parity in pension amongst pensioners irrespective of the date from which they had retired. 

Accordingly pension of all pre 1986 retirees was revised with effect from 1.1.96 by first determining the notional pay which would have been fixed as on 1.1.86 (treating as if the employees were in service on that date) and then the Notional Pension was updated by applying the same fitment formula which was applied to serving employees.

We, therefore demanded that the notional pay of all pre 1996 retirees may be fixed as on 1.1.96 in terms of Revised Pay Rules, 1996 and the notional pension as on 1.1.96 may be revised w.e.f. 1.1.06 by applying the same fitment formula which is applied in the case of serving employees i.e. by multiplying the notional pension as on 1.1.96 by 1.86 + the Grade Pay of the Pay Scale (V CPC) from which they would have retired.

The revision of pension has been done by applying the formula of Basic Pension as on 1.1.96 + Dearness Pension (50% of Basic Pension) + Dearness Relief on Basic Pension + Dearness Pension+40% of Basic Pension.

This is not the same that has been granted to serving employees. In whose case the Grade Pay which is the fitment benefit is 40% of the maximum of the Pre-revised Pay Scale.

As such the Pensioners should also be granted 50% the of Grade Pay of the Pay Scale from which they had retired by way of fitment benefit and not 40% of Basic Pension.

Decision.

The Staff Side pointed out that the 6^th CPC in order to maintain the existing modified parity between the present and future retirees had indicated that it would be necessary to allow the same fitment benefit as is being recommended for the existing Government employees vide para 5.1.47 in page 338.  However, the Commission recommended that all past pensioners should be allowed fitment benefit equal to 40% of the basic pension. The statement and the recommendation made to give effect to the statement was at variance giving rise to anomaly and disparity in pension entitlement between the past pensioners and the future pensioners.  After detailed discussion, the official side agreed to consider the issue once again.

At the conclusion of the meeting, the Staff Side took up the matter concerning non representation of Postal Federations in the National Council as some members of a Federation which could not muster even 5% membership had been approaching one court or the other in a bid to delay the verification process and consequent recognition of the Associations and Federations in the Postal Department.  As it would be a never ending process,  the denial for the unions who had mustered more than 75% of the membership representation in the National Council would be a miscarriage of justice, the Staff Side added..  The Director (SR) of the Postal Department, who had represented the Postal Department in the official side agreed with the contention of the Staff Side and reported to the Chairman, that they had granted adhoc recognition to the Unions who had mustered the requisite membership and the Department Council had also been convened and met on adhoc basic.  The question of granting of representation to the representatives of the Staff in the National Council had been referred to the Department of Personnel and their advice in the matter was being solicited.  The Chairman assured the Staff Side to look into the matter and take appropriate decision soon.

The denial of revised higher Grade Pay to Master Craftsmen of Workshops in MMS in the Postal Department, while affording the same to those in Railways and Defence was also raised by the Staff Side.  The Department of Expenditure pointed out that they had not received any reference from the Postal Department in this matter, whereas the official side representative of the Postal Department stated that they had referred this matter to them earlier.  After some discussion, it was agreed that the Department of Expenditure and the Postal Department would sort out this matter expeditiously.

With greetings,

Yours fraternally,

K.K.N. Kutty

Secretary General

The 23rd National Council meeting of the Confederation

The 23rd National Council meeting of the Confederation was held at New Delhi from 4th to 6thDecember, 2009. for the details please click here 

AN UPDATE BY AICEIA PRESIDENT ON CADRE RESTRUCTURING

 08.12.2009

Comrades,

Many members are asking an update on the restructuring and on the future course of action. Due to time constraints, I am unable to give a detailed report. We would be issuing a detailed circular shortly for discussion in Circles so that further deliberations can be made in the upcoming CEC meeting. These are the highlights of the Committee Report.

High Powered Committee.

Proposed to create All India Central Indirect Taxes Service with the following Hierarchical Structure.

Central Indirect Taxes Officer – (CITO)19670 posts by merging Inspector CE & PO
Senior Central Indirect Taxes Officer – (SCITO) 11805 posts by merging Superintendent CE & Preventive
Senior Superintendent (Indirect Taxes) – (SS) 1400 posts – JTS with GP Rs. 5400/- in PB –3 and STS after 4 years regular service in JTS with GP Rs. 6600/-

SS would be heading Audit Teams and represent the Department before Commissioner (Appeals)/ (Adjn)

Officers promoted as SS would retain their Seniority in Group B level for promotion into IRS cadre as AC.

Inspector CE & PO to be merged and inter se seniority as per DOPT guidelines and Baradwaj Committee Report.

Transfer liability outside the zone of recruitment/ promotion would arise only at the time of promotion as SCITO with facility to return to parent zone on FIFO basis.

Superintendent CE & Prev. to be merged and promotion to SS from the combined cadre of SCITO.

To bring zonal parity, Inspector CE/PO senior in that grade to the last promoted Superintendent (CE or P) shall be re-designated as Superintendent.

Study Group II for restructuring of Integrated Commissionerate & LTU.

Creation of Principal Zones in 5 regions headed by Principal CC.

Creation of 10 more integrated Commissionerates.

Creation of 68 more Division

Creation of 290 more Ranges

Redesignating Superintendent with 25 years of service and receiving 2nd ACP as Deputy Assistant Commissioner.

Increase in posts consequent to the above proposals.

Commissioner – 30
ADC/JC - 79
DC/AC - 360
Superintendent - 1555
Inspector - 4565


Study Group I for restructuring of exclusive Commissionerates.

Creation of 17 additional Exclusive Service Tax Commissionerate

Three Chief Commissioners for ST

More Commissioner (Appeals)

Increase in posts consequent to the above proposals.

CC - 3
Commissioner – 31
ADC/JC - 63
DC/AC - 133
Superintendent - 1819
Inspector - 1879


In Central Excise reduction of 2 Commissionerates proposed.

OTHER MATTERS

The meeting w.r.t 01.01.1996 fixation said to have been held is with the Superintendent Association. However our SG had some informal meetings during his visit to Delhi between 03-05.12.2009

The GP 5400 for ACP Inspectors has been referred to DOPT. The case instituted in Cochin CAT may be taken up for hearing in early 2010.

We would be visiting Delhi on 15th and some discussions are slated. We would give an update later.


ARUN ZACHARIAH.P
PRESIDENT
AICEIA

8% DA increment from January 2010?

The information given below is only openion. Please dont take it for authenticated one.

As per the figures available from Labour Bureau, Government of India (http://labourbureau.nic.in/indtab.html) it can be assumed that minimum of 8% DA hike can be assumed from January 2010, totaling 35% from current 27%. This is calculated assuming that the All India Consumer Price Index (AICPI) remains unchanged for November and December, which are yet to be announced. These figures for November and December 2009 will be announced on 31 Dec 2009 and 29 Jan 2010 respectively. Keeping in view of the rapidly rising prices, the figures are expected to increase further

SOURCE: http://staffcorner.com

MACP for Promotee Inspectors/All employees after 10 years of service

ACP 1997 or MACP 2008 both speak about only direct recruits, but the promotes in the cadre of Inspectors are also equally suffered with direct Inspectors in a long wait for promotion to Supdt. Even though the LDCs or UDCs have got promotion its just peanuts. The Association Should demand for a promotion or ACP if an officer completes ten years of service in a particular rank/post. Thus the aim of MACP will meet the requirements of all the employees. This issue should be taken up with the Anomaly Committee and the Govt.  immediately. I request all the Tax Assistants also to post their comments on the matter.  

THANKS FOR A QUICK RESPONSE BY VIZAG ASSN.

I Thank Comrade Prabhakar and his team for a quick response to my request to add Hyderabad blog to his Website. I request alll the Vizag Members to go through the blog and give their comments

FLASH !! FLASH !! FLASH !!

ABOUT 86 OUT OF 90 AVAILABLE INSPECTORS AT HEAD QUARTERS AND SURROUNDING BUILDINGS ( 95%) HAVE SERVED THE FOLLOWING  LETTER ON THE PRESENT BODY OF HYDERABAD BRANCH OF AICEIA CALLING FOR AN EMERGENCY GENERAL BODY MEETING.

 

THIS SIGNATURE CAMPAIGN UNDERTAKEN IN TWO WORKING DAYS THAT TOO ONLY IN HEAD QUARTERS AND SURROUNDING BUILDINGS SHOWS THE UNITY AMONG THE CADRE. SO ABOUT 95% OF  HYDERABAD INSPECTORS ARE AGAINST THE SPLIT IN THE ALL INDIA ASSOCIATION.

A QUICK AND POSITIVE RESPONSE FROM AICEIA

AICEIA said...
Com Vigneshwar Raju,

We appreciate the spirit you have for our organisation, we have respect for our former president except his repeatetive tendency of telling lies,
The only states he manages to keep with him is only Andhra pradesh and superficially Maharashtra, when we have visited we saw a lot of good intelligent guys in Mumbai who are not aware what was going on Hyderabad, try to understand a man who has no support in his own home turf how he could win others with his superfluous ideas; see we love him personally and we believe that it could have been better if he could keep himself as a good worker of our Association, we got very very good talented leaders like Tirthankar Pyne, R.Manimohon, Chandramouli, N. Venkatakrishnan, N.Balraj, Arun Zaqchariah, Shibaji Nayek, Shankar Rao, Virender Thakur, Manoj Kumar, Ashoka Narayanan etc but most of them were never in the top brass of the association, time has come to mark the Person who prefers only specified post and not the association, I myself engaged with the Association for the last 13years and a direct recruit of 1993 got the scope to work as Secretary General only in the month of December 2008, the rest Nine months experience as acting Secy general with our former president was simply horrible, it is not only me, my former secy general was about to forgo his promotion but improper action and inapt ability to handle the situation of our former president compelled him to relinquish his charge to me, never mind I am righting in a open forum for the fact that our colleague should know about the divisive factors and the reason behind properly. The states our former president mentioning who had not participated in the vote is totally false as none of the states participated in vote as there was no contest at all, Former president spat venom in the name of Kousik roy though I repeat I won't have any personal animity against him; he conducted several group meetings upto 04.00 A.M. in the morning of 11th of December 2008 and understood defeat is inevitable, I appreciate his stand not to fill up nomination form, and immediately after declaration of result he left the convention place and started spreading all these bull sheets he had written above; however I have no reservation in coming to hyderabad and answer each every question only thing is that I have received a threat call that I should not enter Andhra and Maharashtra. if you want more detail call Manimohan, Call Pyne or Zacharah.

November 29, 2009 4:52 PM

All are requested to comment on both the posts

These are the comments of Sri.Koneru Prabhakar Rao to my earlier post. posted here for the comments of the concerned

KONERU said...
Dear PV Raju,

I have just gone through your comments on your site.
You are reproducing the words from our proposed assn site icestea.com, am I right?. so pl don't call it as vested interest trying to form a separate assn. as the Federation was recognised till 1993 RSA Rules were brought in to force. then from 1993 to 2006 Dec all units of federation inclu Hyderabad were unrecognised. It is my dedication and good work, which is known to all actively involved in Assn. work in our dept. knows. So on the eve of elections at Daman, on my request as President of AICEIA units like Chandigarh, Patna, Jaipur, Delhi, Ahmedabad, Vadoda, Rajkot amd Meerut attended the convention to become a member of AICEIA. But due to the partisan politricks palyed by the Kolkata, Chennai and Kerala units, inspite of my willingness to continue with the All India body, all the above units were declared not eligible to vote. Hyd was absent as elections were going on. the Membership of Mumbai reduced to 4 and pune 4. Kolkata was said to be 19 and 23 people attended the meeting by spending Rs 1 lakh just to ensure the posts should be shared.

Whereas, during my 2 years period i have spend 80 days of my leave and Rs 4 lakhs of my money as no one paid me except Rs 1200 (twelve thousand) for my effective work and activating the assn by several means. Till date they say they have no money.
Shall I ask you one thing?. When there is no money, NO recognition and no devotion from the office bearers, I stood as a dedicated man. I will surprise you " I served the INDIAN ARMY FOR 17 YEARS AND RECEPIENT OF SM, AND CHIEF OF ARMY STAFF COMMENDATION besides my assn with very great personalities as a team Member of Sail Yacht TRISHNA (Corps of Engineers and Sail Yacht Jaycus III of CBEC. I have visited around 40 nations and met several heads of state as representative of INDIA.

It is my pleasure if you want to know why the need of a second assn. I will be ready at any time any meeting with any body to speak the importance.

The one point I must mention, unless you know the otherside please don't spread wrong information or frame a figure.

I am proud to be an asn. man all in Mumbai Circle knows well and respects for the goodwork.

Since you are in the CC Unit you ask the senior officers of CBEC, RS etc about my sincereity and honesty, which are my two eyes and because of the two I am able see the future bright for the cadre, if we handle the issue properly and timely.

I look fwd for a gettogether,

with warmth regards,

Rao Koneru Prabhakar

November 27, 2009 8:30 PM

CAT ORDER OF CUTTACK BENCH OA NO. 180 OF 2006 DATED 20.11.2009

CAT CUTTACK BENCH ORDERS TO PAY 2000 SCALE  FROM 1.1.86 AND 6500 SCALE FROM 1.1.96 TO INSPECTORS OF CENTRAL EXCISE CLICK HERE FOR ORDER

A LETTER FROM ARUN ZACHARIAH.P PRESIDENT AICEIA

Thursday, November 26, 2009

GRADE PAY UPGRADATION AND ITS AFTERMATH

A fortnight has passed after the issuance of the pay up gradation order and the initial euphoria has given way to airing of doubts, lamentations and accusations. These broadly fall into three categories.

i) What would be the pay fixation of a person joining as direct recruit subsequent to 01.01.2006? Pay fixation of a person promoted as inspector after 01.01.2006? Pay fixation of an inspector in service on 31.12.2005?
ii) Seniors are not benefited by this pay up gradation order and hence there is no need for any hype.
iii) The Association went wrong in withdrawing the strike without getting any assurance on the other demands in the strike agenda.

I would like briefly muse on these three points.

The pay fixation of direct recruit Inspector who joined on or after 01.01.2006 is free from doubt. The initial pay in pay band would Rs. 12540/- and the gross basic pay would be Rs. 17140/-. As regards the other two cases, two views exist. The first one is that the person who was on service as inspector on 31.12.2005 would be fixed in the revised pay band, on electing for revised pay structure on 01.01.2006, at a stage corresponding to his pre-revised basic pay as on 31.12.2005 multiplied by 1.86 and rounded off to Rs. 10/- plus the grade pay of Rs. 4600/- and a person who was promoted as Inspector after 01.01.2006 would get his pay fixed after adding an increment of 3% of his pay in pay band plus the grade pay of the feeder post to the pay in pay band and the grade pay of Rs. 4600/-. The second view is that the pay in pay band so fixed in both these cases shall not go below Rs. 12540/- There is no point in Association giving a clarification; we have to seek it from the authority competent to clarify. In this regard, it may also be worth mentioning that some of the individuals who were promoted as Inspector between 01.01.2006 and 01.09.2008 opted for the revised pay structure on the date of their promotion foregoing their arrears and got the pay fixed corresponding to the stage Rs. 6500/- in the pre revised scale. When the cadre of Inspectors do not have a pre-revised pay scale of Rs. 6500-10500 after 01.01.2006, is not these individual’s pay to be re-fixed as on their date of promotion to a stage corresponding to Rs. 7450/-? If that be the case, can a senior draw a lesser pay?

Coming to the senior’s benefit – to cry that the seniors are not benefited is nothing but a myopic view. First of all the grade pay has restored the parity with analogous cadre, our dignity, our status. Leave that apart because status without pay may not be universally acceptable. Let’s examine whether this order would benefit the seniors. What are our major out standing pay related demands. Notional fixation on 6500-10500 scale with effect from 01.01.1996 and Rs. 5400/- grade pay to ACP recipient Inspectors. You may recall that the initial pay in the pay band of revised pay structure corresponded to the pay plus dearness pay plus DA in the pre-revised scale and the grade pay was the fitment weightage. When a new recruit Inspector had to start his pay in revised pay band at the stage of Rs. 9300/-, the pre-revised pay scale of Inspector was effectively down graded to Rs. 5000-8000. Without even restoring the pay scale to 6500-10500, what logical possibility is there for granting notional fixation of the scale 6500-10500 from 01.01.1996? This up-gradation is absolutely essential in pursuing that demand. As regards the second demand of Rs. 5400/-; prior to this up-gradation only a section of the Inspectors were drawing grade pay of Rs. 4800/- on ACP. Now every Inspector would receive Rs. 4800/- on ACP. Hence I wish to state that despite non-availability of immediate financial benefits to seniors, this up-gradation would benefit them in the long run.

Finally the allegation that strike was withdrawn without obtaining all the demands – If you follow the actions and persuasions done by this Association during the last one year, you would be able to understand that the strike was not simply called on a one fine moment. Step by step, the grade pay issue was brought to the negotiation table. After several rounds of discussion, when finally the issue reached a stalemate, which could not be resolved except through a strike, notice was served. The other points were included in the charted so as to draw attention to it. In the matter of calling strike and calling off strike, I submit that the members should show the magnanimity of giving sufficient lee way to the leadership who would be assessing the situation and it may not be possible to share everything that is happening due to strategic reasons. Strike is similar to the game of brinkmanship used in the diplomatic circles. Only the persons in the first line of action can take the decision.

Before parting, I wish to say that the success in the grade pay issue is only because of our unity and let’s all be proud of that. This is a morale booster for all our future endeavors. We will work together to achieve that.


ARUN ZACHARIAH.P
PRESIDENT
AICEIA

FORMATION OF A SECOND ASSOCIATION AT THIS JUNCTURE IS SUICIDAL TO THE CADRE

Dear comrades,

Some vested interests are trying to form a second All India Association which is detrimental to the cadre. Already the CBEC is giving a step motherly treatment to our cadre, if such steps are taken at this juncture we the Inspectors will not have any value with CBEC as well as the Govt. If at all any differences are there they should be resolved by mutual talks. I request all the Inspectors trying to do this contain themselves and not to resort any thing witch is detrimental to the cadre.

please see the following matter which is posted on http://icestea.com/

"At Hyderabad Meeting on 14.11.2009 after considering various issues it was unanimously decided to seek recognition as a separate body in order to safeguard the cadre interest. A final meeting is called at Delhi on 5th Dec 2009, the details will be mailed to all the concerned soon."

The above meeting said to have conducted at Hyderabad is not at all supported by Hyderabad Inspectors. The above statement is totally false. They have not declared who all are the members attended the meeting, except saying that they have unanimously decided. The meeting might have been attended only by one or two persons with vested interests. Within a day or two a notice is being issued by members to the Hyderabad Branch Office Bearers to call for emergency GB.

These are the comments from AICEIA President regarding non co-operation of Hyderabad Association

AICEIA said...
Andhra Pradesh is not cooperating with the Central Association, I request the leaders to send there D.D.O certificates immediately; If we can not submit it by 10th of DEcember we shall loose our negotiation power. We would like to request the same to Pune and Mumbai.

November 15, 2009 11:09 AM

President

AICEIA

A Letter from General Secretary calling off strike

Sunday, November 22, 2009

Dear Comrades,

The leaders of the 4 organizations on behalf of which we submitted the Strike Notice on 5^th November 2009, intimating the Government that the employees and officers of the Revenue department would be on strike on 26/11/2009 met ton 17th of November 2009 at Rajouri Garden New Delhi. In view of the decision taken by the Govt., to grant higher Grade Pay of Rs. 4600/- to all those who were in the pre-revised scale of 6500-10500. The meeting decided to withdraw the Strike Action slated for 26/11/2009. We send herewith the copy of communication intimating the withdrawal of the proposed strike action. It is quite heartening to note that ultimately the Government took the decision to concede the demands for revised Grade Pay for Inspectors and other similarly placed officials even before the commencement of the Strike.

We take this opportunity to convey our sincere gratitude and congratulations to every one of you for the strenuous efforts you had undertaken in mobilizing the members for the strike action. The two month long agitation and campaign programme undertaken by our All India Association starting from 15^th of July to 9^th of September in the wake of our decision to go for sustained struggle in the Chandigarh C.E.C had created an electrifying atmosphere and determination in the minds of our members to fight out the unjust denial of higher grade pay for Inspectors, Notional fixation of the pre revised pay scale from 01.01.1996, grade pay of Rs. 5400/- for the Inspectors working in the grade pay of 4800/- for four (4) years and removal of stagnation in the cadre of Inspector and Superintendent. As you are aware, our All India Association had been making serious efforts to settle this issue without resorting to an industrial action. In the initial stages we were under the natural impression that the Government having notified that it would revise the Grade Pay of all those who were in the erstwhile pay scale 6500 - 10500 and whose functions were distinct from that of the cadres carrying the pay scale of 5000 - 8000 and 5500 - 9000, the demand for higher Grade Pay for Inspectors, Administrative Officers and Private Secretaries would become a reality without much loss of time.

We came to the inescapable conclusion after the last rounds of discussion with the Official Side of the Dept. of Expenditure held on 7^thOctober 2009 that this simple issue had been complicated in order to delay the grant of legitimate benefit to the employees of the department of revenue. We are extremely thankful to the leaders of the Income-Tax employees Federation, Income-Tax Gazetted officers’ Association and the All India Customs Preventive Services Federation for having expressed their readiness to go along with AICEIA for an eventual Strike Action. But for the serving of the Strike Notice and the mobilization unleashed by us this demand would not have been possible to be achieved. We are also happy to note that our decision to go on strike has not only benefited our members but all those employees and officers in the departments of Govt. of India who had been on the pay scale of 6500 - 10500 prior to the 6^th CPC recommendations came into existence.

It indeed confirms that the struggles are the precursor for achievements and building up a militant Trade Union movement and retaining it vibrant at all times is the pre-requisite. We have taken the firm resolution in Chandigarh CEC that we shall fight against all injustices and will tread the path of struggle in pursuance of our demands.

We once again congratulate all of you for demonstrating this firm commitment in no uncertain terms which has emboldened us to take the decision to go on strike action. We hope that it would not be inappropriate on our part to call upon the comrades who are in the cadre of Inspectors and who are the beneficiaries of the decision presently taken by the Government to contribute for sustaining the financial health of our organization. Accordingly, we request Circle/ Branch General Secretaries to approach every Inspector of their charge to contribute towards the working fund of our All India Association.

The other Issues Government had already instructed our Board to find solution and our Board took a meeting of our All India Association in the Chamber of Member (P&V) on 16^th of September. As decided in the meeting with the Board

1. The issue of Rs. 5400/- grade pay for all those inspectors who are in the grade pay of 4800/- for four (4) years has been sent to DOP&T as par our demand, we argued that expenditure is not the competent authority to clarify any dispute on ACP matter and DOP&T is the only authority to elucidate the dispute. Side by side the CAT case in Kerala is going on, for derth of fund sometimes we are unable to fight the case, hope situation will improve with your help.
2. The Issue pertaining to the notional fixation from 01.01.1996 has been sent to Expenditure once again as chairman’s reference, it is wothy to mention that this issue already got several VIP’s recommendation.
3. In its letter dated 12^th October 2009 Board intimated us that the stagnation related issue is of great concern for CBEC, it is underway in HRD and under the care of AD-IVA secxtion of CBEC and we have come to know that the separate service as we have demanded shall be taken care of at the time of restructuring.

For the above three issues and the issue recently solved we sent several letters inclusive of an SOS letter to the Gazetted Officers Association depicting that 75% of the demands undertaken by our Association relates to the demands of Central Excise Superintendents but a reply is still awaited. Hope in coming days we will be able to shorten the gap between the two Associations.

Sooner or later we will be confronting the CBEC and the Govt., over these issues. These anomalies presently are the subject matter of discussion at various levels. The next course of action will be decided in our next CEC which is likely to be held in Rajasthan in December 2009. Assuring you of our continued efforts in finding resolutions to these issues and with greetings.

Comradely Yours

KOUSIK ROY

At last we have achieved 4600/- for Inspectors from 1.1.2006

Dear Comrades our AICEIA has done a great job. Congratulations Comrades

Please click here for the ORDER

STRIKE STRIKE STRIKE NO OPTION

IF HYDERABAD INSPECTORS ARE NOT PARTICIPATING IT WILL BE SHAME ON OUR PART.
ALL INDIA CENTRAL EXCISE INSPECTORS ASSOCIATION




OFFICE BEARERS PLEASE WAKE UP




Saturday, November 7, 2009


Circular 09-09


Comrades,






On 5th of November 2009 at Rajouri Garden New Delhi it was decided from a joint meeting of Income-tax Employees Federation, Income-tax Gazetted Officers Association, All India Central Excise Inspectors Association and All India Customs Preventive Services Federation will be on a one day’s strike on 26th November, 2009. These organizations have submitted a Strike Notice to the Revenue Secretary . The demands in pursuance of which the employees will embark upon the strike action are also enclosed.


Our organization decided in our Chandigarh C.E.C to go for strike after exhausting all possible means of persuasion and comrades our association feels that now we have no other option left but to go for one day token strike on our four (4) point charter of demand issued to board on 14.08.2009.


We are enclosing copy of the Strike Notice and charter of demand to all concerned. All the circle and branch Secretary’s are hereby requested to forward the strike notice to the concerned Commissioner/C.C on 10th of November with huge rally and continue lunch hour demonstration on every alternate day up to 25th of November.


Comrades we have our experience of three days strike and with the help of that experience we have to participate in this strike. To make it a grand success we request you all to intensify campaign programme so that a message could reach our Ministry that The Inspectors of Revenue Department have the courage to protest against the whims and fancies of the Government.


The Association surely assures you that we are ready to face any odd and to take any action if our cadre’s interest is not given proper importance. We believe in an administration that we are working only persuasion without proper action shall not bring the feudal lords into terms.


We have already completed our campaign programme in the whole of North India, part of South India and West except Mumbai, Pune and Andhra Pradesh we would like to request Branch Secretaries of Mumbai, Pune, Vizag, Hyderabad, Guntur to organize campaign programme immediately, 0n 16th and 17th of November Office Bearers are going to Mumbai for joint campaign programme with Income-Tax, another team shall go to Andhra Pradesh under the Leadership of N. Balraj and Vekata Krishnan by next week.






We have to complete our campaign programme at the most 20th November, 2009.


All the unit office bearers are once again requested to submit their remaining D.D.O certificates immediately.






Yours fraternally,










The President & ( Kousik Roy)


All Office Bearers of AICEIA


(for wide circulation of inputs to


the Members of all Circles/Branches)

Latest update on our demands

Same old reply by the CBEC. No specific assurance given. This is high time to think about serious action. Response to the post card campain is great. But we should go ahead with our agitational programme. For Boards latest response please go to aiceia.blogspot.com or click here

SUPERINTENDENT TO ASSISTANT COMMISSIONER PROMOTIONS

CBEC ISSUED PROMOTIONS TO SUPERINTENTENDENTS OF CUSTOMS & CENTRAL EXCISE AND SUPERINTENDENTS OF CUSTOMS (PREVENTIVE) CLICK HERE

TRANSFER ORDER OF ASSISTANT COMMISSIONERS

FOR THE EMPLOYEES PROMOTED/GRANTED ACP BETWEEN 1.1.2006 & 31.8.2008

FRESH OPTION - FR22(I)(a)1



EXCERCISING FRESH OPTION: On 6th CPC recommendation

In Central Government employees, who have been Promoted / granted upgration under ACP scheme during the period from 1.1.2006 to 31.8.2008,already they submitted an option form according to the rule of FR22(I)(a)1 (as per V CPC) to selected either Promotion Date or Increment Date. At the time of promotion every individuals selected the option their own convenience of the next increment date.

On implementation of VI CPC recommendations, the FR22(I)(a)1 rule has been modified and published from DOP&T a clarification on 13.09.2008. Owing to this modification, individuals who had opted earlier for Promotion Date only are at loss.

A fresh FR22(I)(a)1 option form has now been served to, who have been promoted the particular period between 1.1.06 to 31.8.08. Once again opt for either promotion date or increment date to fixation of their pay on promoion / ACP.

Opt for Increment Date especially to the affected individuals who had already opted for Promotion Date. On doing this, the above said individuals stands to gain, i.e.

Seniority discrepancy will be removed,

proper pay fixation will be executed,

stepping up problem will be solved.

The dublicate option form as follows…

OPTION FORM

(FOR FIXATION OF PAY ON PROMOTION)

1……………………………………… hereby elect for fixation of initial pa under the authority of Ministry of Personnel, Public Grievance and Pensions (Department of Personnel and Training) O.M. No. 1/2/87-Estt (Pay-I) dated 09-11-87, on promotion to the higher post of …………………………………….

(A) With effect from…………………………… on the basisi of FR22 (I) (a) 1 Corresponding to Art 156-A CSR Vol-I, straightaway without any further review on accrual of increment in the pay of the lower post.

OR

(B) With effect from ………………………….. in the manner as provided under FR22 (a) (I) which may be refixed on the basis of the provision of FR22 (I) (a) 1 corresponding to Art 156-A CSR Vol-I on the date of accrual of next increment in the scale of pay on the lower post on ……………………….

Date:

Singnature :……………………….

Name :……………………………..

Designation : ………………………

Transfer orders issued for AC/DC by CBEC

About 20 Assistant/Deputy Commissioners are transferred by CBEC on 13.10.2009 to view order click here http://www.cengokerala.org/_orders-2009/cbec214_2009.pdf

An update of 4600 grade pay

Monday, October 12, 2009


Income Tax Employees Federation.

All India Central Excise Inspectors' Association

. All India Customs Preventive Services Federation

Shri P.V.Bhide

Secretary, Revenue

Ministry of Finance,

Govt. of India,

North Block

New Delhi. 110001

Dear Sir,

Sub : Revision of Grade Pay of Inspectors of Incometax, Central Excise

And Customs Departments. Reg:

We solicit your kind reference to the discussion at the meeting chaired by your goodself on23rd July, 2009 on the above subject.

You had been good enough to direct all concerned at the said meeting tha the question of trant of revised grade pay at Rs 4600/- as per the Revised Pay Rules, 2008, Part B and C Section Para ii applicable in the case of Inspectors of Revenue department must be separately considered, divourced from the similar issues pertaining to other categories of personnel. You had also assured the representatives of the Ministerial Staff of Central Excise Department that their case for up-gradation of grade pay would be discussed and sorted out separately.

In the light of the said decision,the organizations representaitng Inspectors in both CBEC and CBDT were invited for a discussion with the Joint Secretary (Per) on 24.8.2009 when certain alternate suggestions were mooted on behalf of the Official side, which however did not meet to address the issue.

We were again asked to attend a meeting today chaired by the Joint Secretary (Per) to discuss the issue further. Having placed our submission in the arlier meeting, we were hopeful of a settlement of this issue in today’s meeting. We are to however, regretfully inform you that the stand taken by the official side in the meeting was contrary to what was decided by you on 23rd July, 2009 as also the position taken by the Department of Expenditure on 24th August, 2009 in as much as they have informed us categorically that the issue of revision of grade pay for Inspectors of the Revenue Department cannot be decided in isolation and they would collect details of all similar cases from all departments of the Government of India so as to consider the repercussions and financial implications before the issue is placed for the consideration of the Hon’ble Finance Minister. They further added that the settlement of the question of revision of grade pay of Inspectors of Revenue Department is likely to be delayed. They also could not indicate even a time frame in which they would be able to take a view in the matter.

We are totally disappointed over this unsavoury development and feel obliged to meet your goodself in view of your earlier decision to consider the case of Inspectors separately. We shall be grateful, if you will kindly indicate the time and date convenient to you so that the representatives of the Federations/Associations, which represent the Inspectors in CBDT/CBEC call call on you.

Thanking you,

Yours faithfully,

Ashok B. Salunkh Kousik Roy I.B Mishra SecretaryGenral,ITEF Secretary
 
Source: AICEIA

"Inspectors Grade Pay" No immediate solution. Be prepared for strike along with IT Inspectors

Grade Pay for Inspectors.

It is understood that todays meeting on the above subject with the JS(Per). The issue has not been settled. . Contrary to the decision taken by the Revenue Secretary earlier to the effect that the issue will be separately considered and appropriate decision taken, the Expenditure Department has now proposed to consider this along with all other similar issues and demands.

Are u a victim of reduction of GP 4800 to 4600

It is noticed that in Hyderabad Commissionerates Pay of some of the ACP recipients is reduced from 4800 grade pay to 4600 and also recovered the amount from 2nd installment of arrears unilaterally in the month of September 2009 salary. Immediately write a letter to your respective Commissioner enclosing the following letter of PCCA dated. 31.7.09 and asking under which circumstances your pay was reduced and amount recovered without intimating you.
Watch for further guidelines for protecting your 4800GP   in coming posts

FINALLY PRE MACP INSPECTORS (PRE 1.9.2009) GET 4800 ON ACP

Finally Deputy Contrlr of Accounts issued a letter in favour of ACP Inspectors between 1.1.2006 and 31.8.2008. You can access the said letter on 'www.aiceia.blogspot.com'

ARE WE REALLY MEMBERS OF AICEIA

Our Association at All India level is struggling to fight with the Govt. for our long standing demands like:
1. 6500 scale from 01.01.1996
2. 4600GP from 01.01.2006
3. 5400 GP for ACP Inspectors
4.Cadre review
5.Promotions
and many other demands
Most of the Inspectors from Hyderabad Zone are not aware that AICEIA has launched an agitational programme and is already going on. Are we really satisfied with what we are getting. Then why our Office Bearers are not responding to AICEIA call? How many are knowing and in contact with our Hyderabad office bearers. Its time for all the Inspectors to wake up and unite to give support to our Association to achieve our goals. It is really a very tough time for our Federation Office Bearers to tackle with 'some sadist Officers' of Govt. who do not want our Inspectors to prosper. Kindly respond to this call and support our Federation. To achieve this, firstly we need to revamp our 'Hyderabad Association' immediately.
Everybody kindly visit our Federation blog 'www.aiceia.blogspot.com'.