CULCUTTA HIGH COURT CASE IS POSTED FOR TODAY

29.4.2010
COURT NO. 14
HON'BLE JUSTICE PRATAP KUMAR RAY
AND
HON'BLE JUSTICE MRINAL KANTI SINHA


Sl.No.49. WP.CT 261/2008 SAMIRAN ROY & ORS Vs UNION OF INDIA & ORS
CAN 3238/2010

Monday, April 26, 2010
Meeting with MOS
on 22nd April, 2010 Secretary General, President, Vice President (East & South) and some other circle secretaries and Branch Secretaries along with former Secretary General Sri R.Manimohan went to Delhi to meet the Hon'ble Minister Of State ( Revenue), unfortunately we could not meet him on that date and briefed our three points to the OSD to the Hon'ble Minister, on 23rd morning we were able to meet the Minister, Minister recommended our revised Payscale representation to Secretary Expenditure and assured us about the issue of stagnation will be solved shortly and Hon'ble minister has already discussed the point with the Chairman C.B.E.C. Meeting with the Hon'ble minister was very positive and now persuasion may take an important role towards solution of the pending issues.

REPORT OF THE HIGH POWERED COMMITTEE

INDEX

Sl. No. Chapter Page Number
1 Executive Summary 2 - 6
2 Introduction 7 – 9
3 Constitution of the High Powered Committee 10 – 11
4 Deliberations of High Powered Committee 12 – 15
5 Findings of the HPC 16 – 30
6 Recommendations of the HPC 31 – 37
7 Advantages of creation of the proposed Service 38
8 Annexure ‘A’ 39 – 42
9 Annexure ‘B’ 43
10 Annexure ‘C-1’ 44
11 Annexure ‘C- 2’ 45
12 Annexure ‘D – 1’ 46 - 47
13 Annexure ‘D – 2’ 48 – 49
14 Annexure ‘D-3’ 50 – 51
15 Annexure ‘E -1’ 52 - 53
16 Annexure ‘E- 2’ 54 - 55
17 Annexure ‘E - 3’ 56 - 57
18 Annexure ‘F’ 58 - 59
19 Annexure ‘G’ 60
20 Annexure ‘H’ 61
21 CAG Report 62-64





EXECUTIVE SUMMARY

(i) Central Board of Excise & Customs (hereinafter the Board) is an apex body of the Government of India, Ministry of Finance, deals with the tasks of formulation and execution of policy concerning levy and collection of Customs, Central Excise duties, Service Tax, prevention of smuggling and evasion of duties. The Board carries out the tasks assigned to it with the help of 72742 officers and staff. (Para 1.1)

(ii) Group ‘B’ officers cadres are mainly divided into Executive and Ministerial cadres. Group ‘B’ Executive cadres are further divided into two groups: Group ‘B’ Executive Gazetted officers and Group ‘B’ Executive Non-gazetted officers. The executive grades constitute 47.75% of the total sanctioned workforce of the Department. (Para 1.2)

(iii) The cadres of Group ‘B’ executive officers of the Department, mainly those of Superintendent of Central Excise and Superintendent of Customs (P), have been facing acute stagnation, and, get only one functional promotion as Superintendent CE or Superintendent of Customs (P) (from Inspector Grade posts), during their average service span of 35 years. (Para 2.1)

(iv) Directorate of Organization & Personnel Management submitted a proposal to the Ministry to constitute an All India Customs, Central Excise & Service Tax Service, independent of IRS (C&CE). The Ministry constituted the High Powered Committee, under Chairpersonship of the Chief Commissioner of Central Excise, Delhi, to examine the proposal. (Para 2.4- 2.6)

(v) The HPC noted that there are disparities in promotion prospects within and across analogous Group ‘B’ Executive Gazetted as well as Non-gazetted cadres. This has resulted in demoralization and disaffection in the adversely affected cadres. (Para 3.3)

(vi) Inter- cadre as well as intra cadre disparities in promotions in Inspector Grade officers discussed in the preceding sub-para are due to fragmentation of the grade in different zonal / Commissionerate-based localized cadres. (Para 3.4)

(vii) The High Powered Committee invited the representatives of the concerned recognized associations / federations. During the oral presentations before the HPC, all the associations / federations, while highlighting the acute stagnation being faced by their cadres, welcomed the proposal for creation of an All India Customs, Central Excise & Service Tax Service in line with the Central Secretariat Service. (Para 3.5)

(viii) The HPC noted that one of the main reasons of stagnation in the executive grades is the highly skewed ratio between extant sanctioned strengths of JTS of IRS (C&CE) and the Group “B” Executive Gazetted posts (1 : 15.37), as compared to other departments (Para 4.5)

(ix) The HPC also noted that the efforts of addressing the problem of stagnation in executive grades by filling all the Asst. Commissioner level posts by promotion from Group ‘B’ feeder executive grades after cadre restructuring 2001-02 and by operating the STS level vacant posts at JTS level and filling them up by promotions from Group ‘B’ feeder grades have not had much impact. (Para 4.7)

(x) The HPC also noted that under normal circumstances, the annual promotions to JTS level are only 0.847% of the total Group ‘B’ Gazetted Executive staff strength, which is highly inadequate. (Para 4.8)

(xi) In the Income Tax Department, direct recruit general category Inspector grade officers (who are also recruited through the same examination by which Inspector grade officers of Customs & Central Excise Department are recruited) normally reach up to the level of Additional Commissioner. This is because the functional ratio amongst Inspectors, ITOs and Asst. Commissioner (Income Tax) is much better. (Para 4.15)

(xii) The Department needs a large number of JTS / STS level posts to strengthen its audit, adjudication and appellate set-up. (Para 4.19)

(xiii) The HPC further noted that under the extant DOP&T Guidelines, the sanctioned strength of any organized Group ‘A’ Service including IRS (C&CE), can be enhanced only by 30% at a time. Thus, only 782 posts can be created within IRS (C&CE). This additional strength may not solve the problem of acute stagnation in Group ‘B’ Gazetted executive grades. (Para 4.20)

(xiv) Government in other departments has addressed the need for removal of stagnation in staff cadres by creating dedicated separate services to provide dedicated promotional avenues to the Group ‘B’ officers of these departments. (Para 4.25 & 4.26)

(xv) The Government vide Resolution dated 29th August, 2008, accepting the recommendations of the 6th Central Pay Commission, has decided to grant three assured financial up-gradations to the stagnated officers and staff during their entire service span, but the same cannot be equated with actual functional promotion. (Para 4.28)

(xvi) Since it is not possible to create sufficient number of posts at Group ‘A’ JTS / STS level in IRS (C&CE), the only option that appears available is to create a separate service, in line with the Central Secretariat Service. (Para 5.2)

(xvii) Creation of a separate dedicated service for Group ‘B’ Executive Officers would provide dedicated sanctioned strength at JTS / STS level (1400 posts) for promotion of executive officers. Since the problem of stagnation is more acute in the grades of Superintendent of Central Excise and Superintendent of Customs (Preventive), it is felt that the promotion to the said 1400 additional Group ‘A’ posts needs to be restricted to these two categories only. On the same analogy, it is not proposed to integrate the existing Group ‘B’ Executive grades of Examiner and Appraiser with the proposed Service. It is felt that it would also make available to the Department an experienced workforce at JTS/STS level, which would greatly enhance the departmental capabilities in core areas of Audit, Adjudication and Appeals related functions etc. (Para 5.3 & 5.6)

(xviii) The said separate service can be named as ‘‘All India Central Indirect Taxation Service’’. The proposed service can have hierarchical Structure as under (Para 5.8):

Sl. No. Levels Grade Proposed Designation Pay scales Pay Band and Grade Pay
1 Level – I (Group ‘B’ NG) Inspector CE/ Inspector (P.O.) Central Indirect Taxes Officer Rs. 7450-11000 Pay Band- 2 (Rs. 4600)
2 Level – II (Group ‘B’ Gazetted) Superintendent CE/ Superintendent Customs (P) Senior Central Indirect Taxes Officer Rs. 7500-12000
(After 4 years of Regular Service in the post)
Rs. 8000-13500 Pay Band -2 (Rs. 4800)
(After 4 years of Regular Service in the post)
Pay Band – 3 (Rs. 5400)
3 Level – III (Group ‘A’ Gazetted) Junior Time Scale / Senior Time Scale Senior Superintendent (Central Indirect Taxes) Rs. 8000-13500 (after 4 years of Regular Service in the post)
Rs. 10000-15200 Pay Band – 3 (Rs. 5400/ Rs. 6600)

(xix) Those officers who are promoted as Senior Superintendent Group ‘A’ will continue to retain their place in the combined Seniority List at Group ‘B’ level and would continue to be considered for promotion into IRS from the Group ‘B’ feeder grade (Superintendent/ Superintendent Customs (Preventive) as at present. (Para 5.12)

(xx) Those officers who have spent 4 years in the grade of Senior Superintendent and have attained Senior Time Scale will not suffer in loss of Pay by virtue of accepting promotion into IRS even though they have already been promoted as Senior Superintendent (JTS) / Senior Superintendent (STS) earlier. (Para 5.12)

(xxi) Group ‘B’ non-gazetted grades, viz. Inspector CE/ Inspector (P.O.), can be merged with prospective effect into one unified cadre and re-designated as Central Indirect Taxes Officer. Upon merger of these analogous posts, the inter-se seniority should be fixed on the basis of DOP&T’s O.M. No. 22011/7/86-Estt.(D) dated 3.7.1986. (para 5.13)

(xxii) The transfer liability (outside the Zone of allocation at the time of initial recruitment/ promotion) of Inspector level officers (Central Indirect Taxation Officers) after unification shall be restricted to transfer on promotion to the grade of Superintendent level post (Senior Central Indirect Taxation Officer). In such eventuality the Officers promoted and transferred should be allowed the option of being transferred back to parent Zone on first out first in basis. (Para 5.14)

(xxiii) Quota for promotion to the Inspector level posts (Central Indirect Taxation Officer) from ministerial grades should be increased to 50% from existing 33.33%, so as to enhance the promotional avenues of ministerial staff.

(xxiv) The proposed service is cost neutral. The officer who are likely to be designated as Senior Superintendent are already drawing the Junior Time Scale by virtue of ACP Scheme / Non-functional grade. Additional 1400 Group ‘A’ posts of Senior Superintendent (JTS & STS) are proposed to be created by upgrading 1400 posts of Superintendent CE and Superintendent Customs (P). Further, the Stagnating officers would automatically get the Senior Time Scale, even if they are not promoted to Group ‘A’, by virtue of Modified ACP Scheme, to be introduced consequent upon implementation of the recommendations of 6th CPC. Thus, the creation of service is not going to incur any additional financial burden. (Para 7.0)





















1.0 INRODUCTION:
1.1 Central Board of Excise & Customs (hereinafter the Board) is an apex body of the Government of India under the Department of Revenue, Ministry of Finance, deals with the tasks of formulation and execution of policy concerning levy and collection of Customs, Central Excise duties, Service Tax, policy relating to prevention of smuggling and evasion of duties and all administrative matters relating to Customs, Central Excise duty, Service Tax, and Narcotics.

1.2 The Board carries out the tasks assigned to it with the help of 72742 officers and staff, out of which, 2961 are Group ‘A’ Officers, 15905 Group ‘B’ Gazetted, 22821 Group ‘B’ Non-gazetted, 21950 Group ‘C’ and 9105 Group ‘D’ Officers. The Board directly controls only the Group ‘A’ cadres. Cadre control of rest of the Group ‘B’, ‘C’ & ‘D’ cadres is vested with the Chief Commissioners / Directors General, who have been allocated jurisdiction under various notifications. Chart indicating staff strength under various grades is enclosed as Annexure ‘A’.

1.3 Group ‘B’ officers cadres are mainly divided into Executive and Ministerial cadres. Group ‘B’ Executive cadres are further divided into two groups: Group ‘B’ Executive Gazetted officers and Group ‘B’ Executive Non-gazetted officers. Three Grades viz. Superintendent of Central Excise, Superintendent of Customs (P) and Appraiser constitute Group ‘B’ Executive Gazetted officers. Similarly, following three grades constitute Group ‘B’ Executive Non-gazetted officers: Inspector (Central Excise), Inspector (Preventive Officer) & Inspector (Examiner). The total sanctioned strength of Group ‘B’ Gazetted Executive grades is 14176, and that of Group ‘B’ Executive Non-gazetted is 20508. Thus, the executive grades constitute 47.75% of the total sanctioned workforce of the Department. The sanctioned strength of various executive grades (including the posts sanctioned for various SEZs), as on date, is under:
Group ‘B’ Executive Gazetted:
Sl. No. Grade Existing S.S.
1 Superintendent of Central Excise 11629
2 Supdt. of Customs (Preventive) 1576
3 Appraiser 971
Total 14176




Group ‘B’ Executive Non-Gazetted:
Sl. No. Grade Existing S.S.
1 Inspector of Central Excise 17653
2 Preventive Officer (Customs) 2017
3 Examiner (Customs) 376
Total 20046

1.4 The recruitment to the Group ‘B’ Executive Gazetted posts currently is entirely by promotion from Group ‘B’ Executive Non-gazetted posts. Inspector of Central Excise is the feeder grade for the grade of Superintendent of Central Excise, while Inspector (Preventive Officer) is the feeder grade for Superintendent of Customs (P). Inspector (Preventive Officer) grade is also the feeder grade for 20% of promotion quota Appraiser grade vacancies. Inspector (Examiner) is the feeder grade for 75% Appraiser grade promotion quota vacancies. Remaining 5% promotion quota vacancies in Appraiser grade are reserved for ministerial grade.

1.5 Prior to Cadre Restructuring 2001-02, 50% vacancies in the grade of Appraiser were filled up by direct recruitment through Civil Services Examination conducted by UPSC. Direct recruitment to the grade is learnt to have been discontinued after approval of cadre restructuring plan by the Union Cabinet. Direct recruitment of Technical Experts to the grades of Appraiser and Superintendent Central Excise can, however, still be done, whenever required. Revision of the Recruitment Rules for the post of Appraiser consequent upon discontinuation of direct recruitment to the grade in the year 2002 has, however, not yet been done.

1.6 District Opium Officers / Superintendents of Central Bureau of Narcotics are counted along with the sanctioned strength of Superintendent of Central Excise.

1.7 Recruitment to Group ‘B’ Executive Non-gazetted grades is 66.66% by direct recruitment through all India competition conducted by Staff Selection Commission. Remaining 33.33% vacancies are filled up by promotion from ministerial feeder grades.

1.8 Since 1996, the direct recruitment to all the Inspector Grade posts is being done on the basis of all India Merit List drawn on the basis of the competitive examination conducted by the Staff Selection Commission. Prior to the year 1996, the recruitment to the grades of Preventive Officer and Examiner was done on the basis of all India Merit list, while in the case of Inspector CE, the Zonal Merit List was followed.

1.9 While all the three Group ‘B’ Executive Gazetted grades have all India seniority list in their respective grades, Group ‘B’ Executive Non-gazetted grades are divided into various zone(s) / Commissionerate-based cadres. A comprehensive list of these zonal / Commissionerate-based cadres is provided in the Annexure ‘B’.




























2.0 CONSTITUTION OF THE HIGH POWERED COMMITTEE:
2.1 The cadres of executive officers of the Department, mainly those of Superintendent of Central Excise and Superintendent of Customs (P), have been facing acute stagnation. As a result, most of the directly recruited Inspectors Central Excise and Inspectors (Preventive Officer) get only one functional promotion as Superintendents CE or Superintendents of Customs (P), during their average service span of 35 years. Very few direct recruit Inspectors CE and Inspectors (P.O.) make to the grade of Assistant Commissioner. This problem of stagnation in executive grades has engaged the attention of the Board for quite sometime. Further, those ministerial grade officers who get promoted to the grade of Inspector also reach the level of Superintendent. Thus, career profiles of the direct recruit Inspector grade Officers and those promoted to the Inspector grade posts from the Ministerial grades do not display any marked difference.

2.2 In the month of December, 2007, two VIP references, highlighting the stagnation in the executive grades in the Department of Customs & Central Excise, from Shri Yerrannaidu, Hon’ble Member of Parliament and Shri Jaswant Singh, Hon’ble Leader of Opposition (Rajya Sabha) along with their enclosures (Memorandum from All India Central Excise Inspectors Association and All India Association of Central Excise Executive Officers) were forwarded to the Central Board of Excise & Customs from the office of the Hon’ble Finance Minister with the Hon’ble FM’s remarks “Please examine and put up.”
Summary of the key issues raised and the salient features of the solutions proposed in the said representations is enclosed as Annexure ‘C-1’

2.3 The said references were forwarded by the Ministry to the Directorate of Organization & Personnel Management for examination. DOPM examined the said references and submitted its recommendations to the Board for consideration.

2.4 In order to find out a workable solution to the said problem, the Directorate of Organization and Personnel Management examined the problems from various angles and suggested vide F. No. 8/B/4/O&PM/2008 dated 22nd January, 2008 to the Board for creation of an All India Customs, Central Excise & Service Tax Service, at par with IFS (Branch ‘B’), Central Secretariat Service, DANICS etc. and independent of IRS (C&CE).

2.5 The proposal of DOPM was considered by the then Member (P&A), CBEC, who recommended to the Chairman (CBEC) to place the recommendation before the Board for consideration.

2.6 Chairman (CBEC), however, desired that the proposal should be examined in detail before consideration by the Board. Accordingly, the Ministry vide letter F. No. A-11013/67 /2007 Ad. IV dated 24th June, 2008, constituted a High Powered Committee, under the Chairpersonship of Ms. Chitra Gouri Lal, Chief Commissioner of Central Excise, Delhi Central Excise Zone, to examine the proposal for creation of an All India Customs, Central Excise & Service Tax Service, at par with Central Secretariat Service.

2.7 A copy of the Ministry’s order constituting the HPC is at Annexure ‘C-2’. The constitution of the High Powered Committee is as under:
i) Ms. Chitra Gouri Lal, Chief Commissioner of Central Excise, Delhi
ii) Commissioner (DOPM) (Shri Maninderjeet Singh Arora)
The Chairperson of HPC co-opted following officers also as Members of the HPC:
i) Shri V.K. Garg, Commissioner of Service Tax, Delhi
ii) Shri Ashutosh Baranwal, Additional Commissioner, CCO, Delhi Central Excise Zone.
Subsequently, the HPC co-opted Shri Jayant Misra, Commissioner of Central Excise, Gurgaon also to the deliberations of the Committee.












3.0 Deliberations of the High Powered Committee:
3.1 The High Powered Committee held several meetings to examine the VIP References referred to in the Chapter – 2 of this Report and discuss the problem of acute stagnation being faced by the cutting edge level executive officers. The Committee noted that in the Ministry letter F. No. A-11013/67 /2007 Ad. IV dated 24th June, 2008, constituting the High Powered Committee, the word ‘Customs’ has been omitted from the nomenclature of the proposed service in the textual part, while in the ‘Subject’ part the same has been included. All the member of the HPC are of the unanimous opinion that this might be an inadvertent lapse only and, it can not be the intention of the Ministry to exclude the Customs Work [or the Customs Cadres (Superintendent of Customs Preventive and Appraiser)] from the purview of the proposed Service.

3.2 During the discussion, there was a general consensus amongst the Committee Members that the problem of stagnation in the executive grades, particularly in the grades of Superintendent of Central Excise and Superintendent of Customs (P) is really acute and, as a result the concerned officers are highly demoralized. However, the problem of stagnation in the grades of Examiner and Appraisers has not been observed. Demoralization of these cutting edge level officers in Central Excise and Customs (P) can affect the tax administration adversely. Hence, finding an immediate and lasting solution to this problem is extremely important for the sake of an efficient tax administration.

3.3 In order to ascertain the present intra as well as inter cadre position of stagnation amongst the executive officers, the Committee called for the relevant data from the cadre controlling authorities. Most of the Cadre Controlling Authorities responded, while a few chose not to do so. The information received from the cadre controlling authorities is compiled and enclosed as Annexures ‘D-1’, ‘D-2’ & ‘D-3’. The analysis of the data made available by the cadre controlling authorities to the HPC revealed the following facts:
I - Intra-cadre Disparities:
Central Excise Executive (Inspector Central Excise) Cadres:
(a) Within the grade of Inspector Central Excise, there is a great variation in the time taken for promotion to the grade of Superintendent of Central Excise. While 1985 batch direct recruit Inspectors of Central Excise (General Category) belonging to the common cadre of Shillong CE & Customs Zone have not yet been promoted as Superintendent CE, the DR Inspectors of CE of 1993 batch belonging to the common cadre of Hyderabad and Vishakhapatnam CE Zones have been promoted as Superintendent CE.
(b) The last direct recruit Inspector of Central Excise of common Gujarat Cadre to be promoted as Asst. Commissioner in the year 1994 belonged to 1961 batch of direct recruits (i.e. after 33 years of service), while the year 1980 direct recruit Inspector CE belonging to Jaipur Central Excise cadre got promoted as Assistant Commissioner in the year 2008, i.e. after 28 years of service.
(c) In other Central Excise cadres, direct recruit Inspector CE recruited in the year 1974-75 got promoted as Assistant Commissioner in the year 2008, i.e. after 33 - 35 years of service.
Customs Executive Cadres (Preventive Officer):
(a) In the grade of Inspector (Preventive Officer), as far as promotion to the grade of Superintendent of Customs (P) is concerned, the situation has improved after cadre restructuring 2001-02. While in other Custom Houses the direct recruit Inspector (Preventive Officer) of 1997 batch has been promoted as Superintendent of Customs (P), in Mumbai Custom House cadre, only the Preventive Officers recruited in the year 1994 could get promoted.
(b) As far as the promotion of direct recruit Preventive Officers to the grade of Assistant Commissioner is concerned, 1972 batch of direct recruits of Chennai Custom House cadre became Asst. Commissioner in the year 2007, i.e. after putting in 34-35 years of service, while 1977 batch of Preventive officers of Cochin Custom House got promoted as Asst. Commissioner in 2005, i.e. after 28-29 years of service.
Customs Executive Cadres (Examiner):
(a) In the grade of Inspector (Examiner) also, the situation, as far as promotion to the grade of Appraiser is concerned, is comparatively better, direct recruit Inspector (Examiner) of 2000 batch also have become Appraisers.
(b) Inspector (Examiner) (General Category) of 1988-89 batch have already become Assistant Commissioner- within 20 years of service.
II - Inter-cadre Disparities:
(a) There is time-gap of about 4 years in promotion to the Superintendent Grade between the grades of Inspector CE and Inspector (P.O.) in favour of Inspector (P.O.) In Central Excise cadre, direct recruit Inspector CE of 1993 batch in Hyderabad / Vishakhapatnam CE have been promoted, in Chennai/ Cochin / Vishakhapatnam Custom Houses those recruited in 1997 have been promoted. In comparison, direct recruit Inspector (Examiner) of the year 2000 have been promoted as Appraisers. Thus, Examiners are ahead of Inspector CE and Preventive Officers by 7 years and 3 years respectively.
(b) As far as promotion to the grade of Asst. Commissioner is concerned, time-gap between Inspector CE and Preventive Officer grades is 2 – 3 years in favour of Inspector (P.O.).
(c) Examiners are comparatively in a much better position as even the direct recruits of the year 1988-89 have been promoted as Assistant Commissioner in the year 2007- time-gap of 15 and 17 years respectively with Preventive Officer and Inspector CE in favour of Inspector (Examiner). In fact, when the Inspectors (Examiner) of one particular year get their second promotion as Assistant Commissioner, the Inspector CE and Inspector (P.O.) recruited in the same year get their first promotion to the Superintendent grade. In some Zonal cadres such as Shillong Central Excise, direct recruit Inspectors of 1985 batch are yet to get even their first promotion to the grade of Superintendent.

3.4 Inter- cadre as well as intra cadre disparities in promotions in Inspector Grade officers discussed in the preceding sub-para are due to fragmentation of the grade in different zonal / commissionerate-based localized cadres. Uniformity in promotional avenues can be brought about only by merging the executive grade posts of Inspector (Central Excise) and Inspector (Preventive Officer) on all India basis. It is not necessary to include the posts of Inspector (Examiner), since the officers working in this grade are not stagnating at all, as compared to Inspector (CE) and Inspector (P.O.). Merger of the executive grade posts appears logical not only from the point of view of bringing about uniformity in promotions, but also because functional distinction between Central Excise and Customs work has narrowed down over the years due to alignment of Central Excise and Customs Tariffs as well as valuation practices based on transaction values.

3.5 In order to examine the issue in the right perspective, the High Powered Committee also decided to involve the stakeholders from Central Excise as well as Customs side to have broad-based consultations with them. Accordingly, the HPC requested the Ministry to provide the list of all recognized officers and staff associations / federations. Ministry vide letter F. No. A-11013/67/2007 dated 7th August, 2008, provided the details about such associations / federations. On the basis of the said list, the Committee invited following associations / federations representing Group ‘B’ executive officers of the Department for oral presentations before it on 25th September, 2008 vide letter F. No. 8/33/B/O&PM/2008 dated 12th September, 2008.
i) All India Association of Central Excise Gazetted Executive Officers, Kolkata
ii) All India Customs Preventive Service Federation, Chennai
iii) All India Narcotics Executive Officers Association, Gwalior
iv) All India Central Excise Inspectors’ Association, Navi Mumbai
v) All India Federation of Superintendent of Customs, Mumbai

3.6 Letters inviting the above representative associations / federations for oral presentation before High Powered Committee and a brief note on the proposal for creation of an All India Customs, Central Excise & Service Tax Service in line with the Central Secretariat Service, are at Annexure ‘E-1’. From Appraising side, no association / federation could be invited because name of none of the associations representing the grade was found listed in the list of recognized associations / federations provided by the Ministry.

3.7 During the oral presentation, all the associations / federations, while highlighting the acute stagnation being faced by their cadres, welcomed the proposal for creation of an All India Customs, Central Excise & Service Tax Service in line with the Central Secretariat Service.

3.8 Out of the above five representative associations / federations, first three submitted their views on the proposal in writing also. The gist of these write-ups is given in Annexure ‘E-2’.



4.0 FINDINGS OF THE HIGH POWERED COMMITTEE:
4.1 Group ‘B’ Gazetted as well as Non-gazetted Executive cadres are cutting edge level functionaries and perform important functions relating to the implementation of Customs, Central Excise and Service Tax Laws and various other allied Acts and statutes.

4.2 Though the executive grades- both gazetted as well as non-gazetted are the backbone of the Department’s revenue collection activities and constitute 47.75% of the total workforce of the entire department, most of the directly recruited Inspector grade officers - particularly Inspector Central Excise and Inspector (Preventive Officer) - get only one promotion in their average service span of 35 years. Only an extremely minute fraction gets to reach the level of Assistant Commissioner (JTS) at the fag end after 33-35 years of service.

4.3 In case of Inspector (Examiner) the situation is comparatively much better, wherein a directly recruited Inspector (Examiner) invariably reaches up to the level of Deputy Commissioner (STS). Some even manage to reach up to the level of Additional / Joint Commissioner. This slightly better position can be attributed to following two factors:

(i) Early entry into Group ‘B’ Executive Gazetted grade, as compared to Inspector (CE) and Inspector (P.O.), due to inverted pyramid made by the sanctioned strengths of the grades of Appraiser (971 posts) and Inspector (Examiner) (376 posts)

(ii) Share of 2 promotion quota posts for Appraisers (S.S. 971) at Asst. Commissioner (JTS) level, as compared to 6 for Superintendent Central Excise (S.S. 11629 posts) and 1 for Superintendent of Customs (P) (S.S. 1576 posts).

4.4 Such a situation of stagnation not only adversely affects the morale of the concerned officers, but also the efficiency of the Department. The absence of the sufficient scope for healthy vertical growth on periodical intervals reduces the stake of officers in giving persistent outstanding performance and, thus can diminish the commitment to the Departmental objectives and dilute the adoption of best practices in the indirect tax administration. Further, the affected officers having reduced devotion and commitment for Departmental objectives have greater tendency to adopt unhealthy and unethical practices, which in a long run can create grave consequences for efficiency and integrity of the tax administration as a whole.

4.5 One of the basic reasons for the acute stagnation of Group ‘B’ Executive Gazetted is the highly skewed ratio between the sanctioned strengths of Group ‘B’ Gazetted Executive grades and the next higher grade (JTS level posts in IRS (C&CE). At present, there are 925 sanctioned posts at Junior Time Scale level, whereas the total sanctioned strength of three feeder grades, viz., Superintendent of Central Excise, Superintendent of Customs (P) and Appraiser is 14176. Thus, functional ratio between the two levels of hierarchy works out to 1 : 15.37, even though as per the extant DOP&T Guidelines contained in the Office Memorandum No. AB 14017/12/87- Estt. (RR) dated 18th March, 1988, the sanctioned strength of higher grade posts should normally be 1/3rd or 1/5th of the feeder grade sanctioned strength. (relevant portion of the OM is at Annexure ‘E-3’)
Following Chart indicates the ratio between Group ‘B’ Gazetted posts and JTS level Group ‘A’ posts in various departments under the Government of India:
Sl. No. Department Total Sanctioned Strength
JTS Group ‘B’ Ratio
1 Customs & Central Excise 925 14176 1 : 15.32
2 Income Tax 734 4204 1 : 5.73
3 Post & Telegraph 111 866 1 : 7.8
4 Department of Commerce ** 99 **
5 Central Secretariat Service 478 @@ 2353 1 : 4.92
** In Department of Commerce, the Group ‘B’ officers are directly promoted to STS (Rs. 10000-15200). Information about sanctioned strength at STS level is not available.

@@ All these posts are STS posts. In CSS, there is no JTS level posts. Hence, Section officers (Group ‘B’) are directly promoted to STS.

4.6 As per the extant Recruitment Rules for IRS (C&CE), only 50% of annual vacancies at JTS level are filled up by promotion. In normal circumstances, the number of such promotion quota vacancies averages fifty to sixty (50-60) or even less per annum under normal circumstances.

4.7 The Department attempted to alleviate the problem of stagnation in the Group ‘B’ Executive grades during the last cadre restructuring by filling up all the vacancies at JTS level of IRS (C&CE) by promotion from three feeder Group ‘B’ Executive Gazetted grades, as a one time measure. Subsequently, the Board, as per the provisions of GFR 254 (previously GFR 77) temporarily downgraded the vacant posts at the STS level (Dy. Commissioner) in the year 2005, 2006, 2007 and as recently as August, 2008, to operate them at the Assistant Commissioner (JTS) level. These downgraded posts have been filled up by promotion from feeder Group ‘B’ Executive Gazetted grades. However, these efforts also could not do much to alleviate the stagnation in the executive grades, as number of annual promotions from feeder grades to JTS level of IRS (C&CE) have constituted less than 1% of the total sanctioned strength of the feeder grades.

4.8 As per the information available with the HPC (Annexure ‘F’), since the year 1980 up to 2008, totally 4143 promotions to JTS of IRS (C&CE) from Group ‘B’ Feeder Grades have been made. On an average, 142 promotions per annum, which is only 1% of the total Group ‘B’ Executive grades sanctioned strength, have been made. Out of total 4143 promotions, 1125 promotions (594 in 2002 + 268 in 2005 + 103 in 2007 + 160 in 2008) have been made under special circumstances, i.e., under special permission to fill up all the vacancies at JTS level caused due to Cadre Restructuring 2002 by promotion, and by temporarily downgrading the Dy. Commissioner level vacancies at Asst. Commissioner by enforcing the provisions of GFR 254 (earlier GFR 77). Thus, under normal circumstances, the annual promotions to JTS level are only 0.847% of the total Group ‘B’ Gazetted Executive staff strength.

4.9 Share of three feeder grades, viz., Superintendent of CE, Superintendent of Customs(P) and Appraiser, in promotion to the JTS level of IRS (C&CE) from 1980 – 2008, has been 0.84%, 0.98% and 3.1% respectively of the respective cadre strength. The Chart containing the data in this regard is enclosed as Annexure ‘F’.

4.10 Stagnation in the grade of Superintendent CE and Superintendent Customs (P) results in stagnation in the grade of Inspector (CE) and Inspector (Preventive Officer), as these are the feeder grades for promotion to the said Superintendent level posts.

4.11 Since the grade of Inspector is divided into various Zonal / Commissionerate based cadres, there is no uniformity in the promotion of Inspector grade officers to the grade of Superintendent belonging to different zonal / commissionerate-based cadres. For example, the 1993 batch of direct recruit Inspectors CE belonging to the cadre controlled by Hyderabad Central Excise Zone have already been promoted to the grade of Superintendent of Central Excise, whereas Inspectors CE of 1985 batch of Shillong Central Excise are yet to get their first promotion as Superintendent of Central Excise.

4.12 The situation described in para 4.11 above, has been created due to creation of Commissionerates in different geographical areas based on the growth in industrial and manufacturing activities in those areas during the reorganization of the Department in the year 2002. Number of Commissionerates created in the areas having more such growth was more than the number of Commissionerates created in the areas having comparatively less industrial / manufacturing activity. Consequently, Zones where more Commissionerates were created got more posts in the grade of Superintendent of Central Excise. For example, during 2002 reorganization / cadre restructuring exercise, Hyderabad Zone was bifurcated and 5 Central Excise Commissionerates located in the State of Andhra Pradesh were reorganized into 8 Central Excise Commissionerates on the basis of the industrial growth of the State, while in North East Area, only one new Central Excise Commissionerate was created at Dibrugarh. As result, Hyderabad / Vishakhapatnam CE Zones got more posts at all levels including the executive posts, as compared to Shillong Zone.

4.13 The situation in the grade of Preventive Officers and Examiners, as far as promotion to the grades of Superintendent of Customs (P) and Appraiser is concerned, is somewhat better after cadre restructuring 2002, but earlier the disparity in promotion existed even in these cadres. For example, while in Vishakhapatnam Custom House, Preventive Officers belonging to 1987 batch got promoted as Superintendent of Customs (P) in the year 1996-97, those of Cochin Custom House belonging to the same year got promoted only in the year 2002 – a difference of 6-7 years. Similarly, while the Examiner of 1987 batch in Cochin Custom House got promoted as Appraiser in the year 1991, those of Mumbai Custom House belonging to the same year got promoted as Appraiser only after 10 years or more of service. Thus, there is a disparity in promotions within as well as across the grades of Inspectors CE, Preventive Officers and Examiners, depending upon the Cadres to which they belong.

4.14 The huge difference in the year of entry into Group ‘B’ Executive Gazetted grade of the Inspectors belonging to the same year gets accentuated further when the early entrants get promoted to Group ‘A’. For example, the General Category Inspectors of Jaipur and Shillong Central Excise belonging the years 1974 -75, by virtue of early entry to Group ‘B’ Gazetted grade, are presently working either as Dy. Commissioner or Asst. Commissioner, whereas Inspectors belonging to the same year of Patna Central Excise are still working as Superintendent of Central Excise, without any sight of further promotion.

4.15 In the Income Tax Department also, direct recruit general category Inspector grade officers normally reach up to the level of Additional Commissioner. This is because the functional ratio amongst Inspectors, ITOs and Asst. Commissioner (Income Tax) is much better. Further, since direct recruitment to the grade of Inspector Income Tax is limited to 33.33% of annual vacancies, unlike the Department of Customs & Central Excise where it is 66.66%, number of Inspectors who aspire for promotion as D.C. / A.C. is very limited. Similarly, in the grade of Assistant in Central Secretariat Service, Indian Foreign Service (B Branch) and Army Headquarter Service the direct recruitment quota is only 50% of annual vacancies.

4.16 The direct recruitment to the Group ‘B’ Executive Non-gazetted (Inspector Grade) posts in Central Board of Excise & Customs as well as Central Board of Direct Taxes (Inspector of Income Tax) is done through a common competitive examination conducted by the Staff Selection Commission. The disparity in promotion prospects of the Officers recruited through a common examination process, as detailed in the preceding paras, naturally leads to dissatisfaction and demoralization amongst the affected employees.
4.17 In view of the observations in the para 4.0 above, the High Powered Committee is of the firm opinion that some lasting solution to the problem of acute stagnation in the executive grades has to be found immediately.

4.18 The first step in this direction is to create more number of posts at Junior Time Scale / Senior Time Scale (Group ‘A’).

4.19 Not only from the point of view of addressing the problem of stagnation in executive grades, for addressing the functional requirements of the Department also, the department requires a large number of new posts at JTS /STS level to implement its own decisions, some of which are listed below:

(a) Strengthening of Audit Set-up: Director General Audit vide letter F. No. 503 / 10 / 99 dated 14th June, 2006, stated that under EA-2000 all the Audit Parties should be headed by a Junior Time Scale / Senior Time Scale level officer.
In the opinion of HPC also, the switch over from factory visits to scrutiny of accounting records by way of audit by teams specializing in audit is becoming the cornerstone of non-intrusive manner of ensuring indirect tax compliance. Primarily, the trend is more visible in Central Excise. As far as Service Tax administration is concerned, this remains the key method of ensuring the voluntary compliance and keeping the supervision to bare minimum. Further, in Custom side also, introduction and stabilization of Risk Management System require post clearance audit of relevant documents (on-line as well) for large section of imports.
Thus, audit by dedicated teams is going to become the main feature of indirect tax regime. This would require senior level of officers who have requisite length of experience at cutting-edge level to understand the importance of the key accounting documents as well as appreciation of financial / tax implications of account records. This requires ability to not only comprehend what is revealed by the records and accounting patterns and methodologies, but also to see the possible concealments in respect of tax liabilities. Against this background, the HPC finds itself in complete agreement with the recommendations of the Directorate General of Audit that the Audit Teams in the Department should be headed by JTS/STS level officers. Information available indicates that there are 1012 Central Excise Audit Teams and 361 Service Tax Audit Teams in the Department. Thus, there are totally 1373 Audit Teams in the Department. All these Audit teams should be headed by JTS/ STS level officers, in order to infuse required experience and capabilities to these teams.

(b) Implementation of the recommendations of the Expert Group headed by Shri R.K. Tewari that the Department should be represented by an officer of the rank of JTS / STS for defending the Appeals cases filed before Commissioner (Appeals).
The HPC also feels that considering the complexities the departmental cases should be represented before Commissioners (Appeals) by the sufficiently experienced officers of JTS/STS level. Further, representation before the Commissioners (Adjudication) of the multi-locational cases should also be done by the JTS /STS level officers.

4.20 As per the extant DOP&T guidelines, the sanctioned strength of an organized Group ‘A’ Service, like IRS (C&CE), cannot be enhanced by more than 30% at a time. Thus considering the present sanctioned strength (2605) of IRS (C&CE), maximum 782 posts at various levels of the Service can be created. Even if all these posts are created at JTS level and, as a one time measure, all are filled up by promotion from Group ‘B’ Executive feeder grades, it will provide only cosmetic relief to the stagnated grades, not the lasting solution to the problem of acute stagnation existing in Group ‘B’ Executive grades, as subsequently these posts would have to be filled up as per the provisions of the Recruitment Rules, 1988 (As amended),i.e., only 50% of annual vacancies at JTS level would be available under promotion quota. Net impact of such hypothetical situation worked out in the Annexure ‘G’. In such a situation, if the vacancies are apportioned in the ratio of 6 : 1 : 2 amongst three feeder grades, Supdt CE promoted in March, 1993 (year of appointment as Inspector CE 1975), Supdt. Cus (P) promoted in September, 1996 (Year of appointment as P.O. 1976) and Appraisers appointed in the year 1999 would get promoted.

4.21 The HPC has attempted to analyze the effect on removal of stagnation in the Group ‘B’ Executive grades in four different scenario. Detailed calculations are enclosed as Annexure ‘H’. Analysis of these scenarios is provided below:


Scenario number one, envisages creation of 500 posts at JTS / STS level.
(a) If the said 500 posts are divided in the ratio of 6:1:2 amongst the three feeder grade, viz. Supdt. CE, Supdt. Cus. (P) and Appraiser, the CE Supdt promoted in October, 1992 (year of appointment as Inspector CE 1974-75), Supdt. Cus (P) promoted in September, 1996 (Year of appointment as P.O. 1976) and Appraisers appointed in the year 1999 would get promoted.

(b) If the said posts are distributed in terms of the length of continuous service in Group ‘B’ Gazetted grade, none of the Supdt. Cus. (P) and Appraiser would get promoted.

(c) If the said 500 posts are distributed as per the existing ratio in the sanctioned strengths of the three feeder grades (8 : 1 : 1), Supdt. CE promoted in December, 1992 (Inspector CE of 1974-75), Supdt. Cus. (P) promoted in September 1996 (P.O. of 1976) and Appraisers appointed in the year 1998 would get promoted.

Scenario number Two envisages creation of 1000 posts at JTS / STS level.
(a) If the said 1000 posts are divided in the ratio of 6:1:2 amongst the three feeder grade, viz. Supdt. CE, Supdt. Cus. (P) and Appraiser, the CE Supdt promoted in August, 1993 (year of appointment as Inspector CE 1974-75), and Supdt. Cus. (P) promoted in September, 1996 (Year of appointment as P.O. 1976) would get promoted. However, no Appraiser would be available for being promoted, as all eligible officers would have already been promoted.

(b) If the said posts are distributed in terms of the length of continuous service in Group ‘B’ Gazetted grade, none of the Supdt. Cus. (P) and Appraiser would get promoted.

(c) If the said 1000 posts are distributed as per the existing ratio in the sanctioned strengths of the three feeder grades (8 : 1 : 1), Supdt. CE promoted in October, 1993 (Inspector CE of 1974-75), and Supdt. Cus. (P) promoted in September 1996 (P.O. of 1976) would get promoted.



Scenario number Three envisages creation of 1500 posts at JTS / STS level.
(a) If the said 1500 posts are divided in the ratio of 6:1:2 amongst the three feeder grades, the Supdt CE promoted in August, 1993 (year of appointment as Inspector CE 1974-75), and Supdt. Cus. (P) promoted in September, 1996 (Year of appointment as P.O. 1977) would get promoted. However, no Appraiser would be available for being promoted, as all eligible officers would have already been promoted.

(b) If the said posts are distributed in terms of the length of continuous service in Group ‘B’ Gazetted grade, none of the Supdt. Cus. (P) and Appraiser would get promoted. Only Superintendents of CE would get promoted. This scenario is likely to cover Superintendents of Central Excise (October 1995) (appointed as Inspector CE during 1976-80)

(c) If the said 1500 posts are distributed as per the existing ratio in the sanctioned strengths of the three feeder grades (8 : 1 : 1), Supdt. CE promoted in October, 1994 (Inspector CE of 1975-79), and Supdt. Cus. (P) promoted in September 1996 (P.O. of 1979) would get promoted.

Scenario number four envisages creation of 2000 posts at JTS / STS level.
(a) If the said 2000 posts are divided in the ratio of 6:1:2 amongst the three feeder grade, viz. Supdt. CE, Supdt. Cus. (P) and Appraiser, the CE Supdt promoted in March, 1995 (year of appointment as Inspector CE 1976-80), Supdt. Cus. (P) promoted in September, 1996 (Year of appointment as P.O. 1979) and Appraisers appointed in the year 2000 and later would get promoted.

(b) If the said posts are distributed in terms of the length of service in Group ‘B’ Gazetted grade, majority of the vacancies would go to the grade of Superintendent Central Excise (Officers promoted till October 1996. A few Supdt. Cus. (P) promoted in September, 1996 would also get promoted. However, no Appraiser would be available for being promoted, as all eligible officers would have already been promoted.

(c) If the said 2000 posts are distributed as per the existing ratio in the sanctioned strengths of the three feeder grades (8 : 1 : 1), Supdt. CE promoted in November, 1995, (Inspector CE of 1976-80), Supdt. Cus. (P) promoted in September 1996 (P.O. of 1976) would get promoted. However, no eligible Appraiser would be available for being promoted, as all eligible officers would have already been promoted as Asst. Commissioner.

4.22 From the analysis referred in preceding paras above, it may be seen that even creation of 2000 posts at AC/ DC level would address the acute stagnation in the grades of Superintendent CE and Superintendent Customs (P) to a limited extent, but would wipe out stagnation totally in case of Appraisers. Following Chart indicates the impact of creation of 2000 posts on three feeder grades:

Number of posts to be created> 2000
Grade Year of promotion as Superintendent / Appraiser
on the basis of
6 : 1 : 2 Length of service in Group 'B' Gazetted Distribution of posts as per existing SS (8:1:1)
Superintendent Central Excise March, 1995 October, 1996 November, 1995
Superintendent of Customs (P) September, 1996 Sept. 1996 September, 1996
Appraiser All the eligible regular Appraisers would get promoted

4.23 Though the creation of about 2000 posts at JTS / STS level may provide only a limited relief to the stagnated executive grades, creation of these posts shall go a long way in gradually removing the menace of stagnation in executive grades for all the times to come, if all these posts are permanently made promotion posts and no direct recruitment is allowed against these posts.

4.24 Since as per extant DOP&T guidelines the number of new posts that can be created within IRS (C&CE)- an organized Group ‘A’ service - cannot exceed 30% (782 posts) of the total sanctioned strength of the Service, the creation of sufficient number of JTS / STS level posts out of IRS (C&CE) appears to be the only solution available for meeting the functional requirements of the Department as well as for suitably addressing the problem of acute stagnation in executive cadres.

4.25 Government in other departments have addressed the need for removal of stagnation in staff cadres, i.e., in the year 2000, the Government granted in situ promotions to all such Section officers (Rs. 7500-12000) who had completed 1 ½ times of the residency period (8 years) required for promotion as Under Secretary (Rs. 10000-15200) in the grade of Section Officers. Subsequently, number of the posts, equal to the number of in situ Under Secretaries, in the grade of Under Secretary was created. Similarly, in the grade of Deputy Secretary also in situ promotions from the grade of Under Secretary were also granted. This could be done because Central Secretariat Service is not an organized Group ‘A’ Service and falls out of the purview of the DOP&T’s instructions that limit the increase in the total sanctioned strength of an organized Group ‘A’ Service.

4.26 Further, in other Departments of the Government of India, posts exist for making dedicated promotional avenues available to the Group ‘B’ officers. As a result, the officers directly recruited to the posts carrying Rs. 6500-10500 are assured upward movement in the hierarchy at least up to the level of Dy. Secretary or equivalent. A few such departmental services are:
(a) Central Secretariat Service:

Composition of CSS is as under:
Sl. No. Grade Classification Sanctioned Strength
1 Director Group ‘A’
Post 110 (Promotion)
1 Selection Grade (Deputy Secretary to the Govt. of India or equivalent) Group ‘A’ Posts 330 (Promotion)
2 Grade I (Under Secretary to the Govt. of India or equivalent) 1400 (Promotion)
3 Section Officers' Grade Central Secretariat Service Group B 3000
(80% Promotion + 20% DR)
4 Assistant's Grade 4905
(50% Promotion + 50% DR)



(b) Indian Foreign Service (Branch ‘B’)
Composition of IFS (Branch ‘B’) is as under:
Sl. No. Grade Classification Quota
1 Selection Grade (Deputy Secretary to the Govt. of India or equivalent) Group A @@ 100% (Promotion)
2 Grade I (Under Secretary to the Govt. of India or equivalent) @@ 100% (Promotion)
3 Section Officers' Grade Group B 80% (Promotion) + 20% (DR)
4 Assistant's Grade 50% (Promotion) + 50% (DR)
5 Upper Division Clerk Group ‘C’
6 Lower Division Clerk Group ‘C’
@@ For earmarked number of posts.

(c) Army Headquarters Service

Composition of service is as under:
Sl. No. Grade Classification Sanctioned Strength Quota
1 SAG Group ‘A’ 2 @@ 100% (Promotion)
2 Director Group ‘A’ 9 @@ 100% (Promotion)
3 Senior Civilian Staff Officer/Joint Director Group A 72 @@ 100% (Promotion)
4 Civilian Staff Officer 253 @@ 100% (Promotion)
5 Assistant Civilian Staff Officer Group B 683 80%(Promotion) + 20% (DR)
6 Assistant's Grade 1709 50% (Promotion) + 50% (DR)
@@ For earmarked number of posts.

(d) CSIR Administrative Service

Composition of service is as under:
Sl. No. Grade Classification Quota for promotion
1 Selection Grade (Deputy Secretary to the Govt. of India or equivalent) Group A 100% (Promotion)##
2 Grade I (Under Secretary to the Govt. of India or equivalent) 100% (Promotion)##
3 Section Officers' Grade Group B 66.66% (Promotion) + 33.33% (DR)
4 Assistant's Grade-I 50% (Promotion) + 50% (DR)
5 Assistant's Grade – II & III Group ‘C’
## CSIR, being autonomous, all these posts are filled up by promotion of Departmental Section Officers.


(e) Service for Group ‘B’ officers in Central Bureau of Investigation:

Composition of service is as under:
Sl. No. Grade Classification Sanctioned Strength Quota
1 Joint Director


Group A


















Group B 16 20% (Promotion) + 80% (Deputation)
2 Dy. Inspector General of Police 39 25% (Promotion) + 75% (Deputation)
3 Senior Superintendent of Police 10 100% (Promotion)
4 Superintendent of Police 89 40% (Promotion) + 60% (Deputation)
5 Additional Superintendent of Police 75 80% (Promotion) + 20% (Deputation)
6 Dy. Superintendent of Police 240 40% (Promotion) + 50% (Deputation) + 10% (DR)
7 Inspector Group ‘C’ 755 50% (Promotion) + 50% (Deputation)
8 Sub-Inspector Group ‘C’ 50% (DR) + 25% (Promotion) + 25% (Deputation)

4.27Committee also examined the demand for creation of Gr.’B’ Service at par with Central Secretariat Service (Gr.’B’). The Committee feels that functionally the Inspectors and Superintendents of Customs and Central Excise Department are performing field functions and their role can not be equated with a Secretariat Service. Further even in CSS against a minimum approved Service of 8 years which is considered for promotion from the non-functional scale of Section Officer grade, it is taking 10-14 years to reach grade of Under Secretary which is a Senior Time Scale equivalent to Deputy Commissioner of Customs/Central Excise. In any case the CSS for which the Cadre Controlling Ministry happens to be the Ministry of Personnel, Training, Administrative Reforms and Public Grievances, does not have a Group ‘A’ cadre. However, there are some Gr.’A’ posts earmarked in various Ministries/Department which are filled by promotion from Gr.’B’ Central Secretariat Service.

4.28 Assured Career Progression Scheme:
Consequent upon acceptance of the recommendations of the Sixth Central Pay Commission, the Government vide Resolution dated 29th August, 2008, has decided to grant three assured financial up-gradations to the stagnated officers and staff during their entire service span. Grant of assured financial up-gradations (ACPs) cannot be equated with actual functional promotion. DOP&T OM No. 35034/1/97 Estt. (D) dated 9th August, 1999, clearly states that ‘Introduction of ACP Scheme should, however, in no case affect the normal (regular) promotional avenues available on the basis of vacancies. Attempts are needed to improve the promotion prospect in organization / cadres on functional grounds by way of organizational study , cadre review etc. as per prescribed norms should not be given up on the ground that the ACP scheme has been introduced.’ At present, there are around 6000 Superintendents of Central Excise and 500 Superintendents of Customs (P) who have completed more than 12 years of regular service in the grade, without getting promotion as to the next higher grade, even though the minimum qualifying regular service (residency period) for promotion to the next functional grade in departmental hierarchy is only three years in the Superintendent grade.

4.29 Efforts in other Departments to remove stagnation:
While recommending grant of in situ promotion to Assistants of CSS as Section Officer, the Department related Parliamentary Standing Committee on Home Affairs in its 83rd Report on Personnel Policies of CSS and CISF has observed in para 7.13 -7.14 (page 29) recommended that grant of ACP should not stop grant of in situ promotion to stagnated Assistants. Accordingly, a large number of posts in higher grades were created in the year 2002-03 to remove stagnation from the Group ‘B’ cadres.


















5.0 Recommendations of the HPC:
5.1 In view of the observations in para 4.0 above, the High Powered Committee feels that there is an urgent need for creation of posts at JTS/STS level to alleviate the genuine problem of stagnation being faced by the cutting edge level executive officers of the Department.

5.2 The maximum number of posts at Dy. Commissioner / Asst. Commissioner level that can be created with in IRS (C&CE) would not be able to provide required number of additional strength at JTS/STS level to meet the functional requirements of the Department. Further, the said maximum number of JTS/STS level posts within IRS (C&CE) would also not provide any long term solution to the vexed problem of stagnation in the cutting edge level executive cadres. The only solution that appears available for meeting the functional requirements of the department as well as for addressing the problem of stagnation in the said executive grades is to create a separate service for Group ‘B’ Gazetted and Non-gazetted Executive officers of the Department, by merging the cadres of Inspectors and Superintendent of Central Excise and Customs (Preventive).

5.3 Creation of such separate service would not only provide dedicated sanctioned strength at JTS / STS level for promotion of executive officers, it would also make available to the Department an experienced workforce at JTS/STS level, which would greatly enhance the departmental capabilities in core areas of Audit, Adjudication and Appeals related functions etc.

5.4 In this context, it is pertinent to refer to the findings of the CAG contained in their Report for the year ended in March, 2007. The said CAG Report has pointed out significant detections during audit over revenue leakage. (Copy enclosed) Department’s own efforts in this area have also yielded significant results as indicated in the table below:
Amount of Detections by Audit by the Field Formations
(In Lakh of Rupees)
F.Y Central Excise Service Tax Total
2006-07 228383 156217 384600
2007-08 249370 260687 510057

5.5 The HPC feels that Department itself can make much enhanced detections in this area, if the leadership level for audit is enhanced. The Department has 1012 Central Excise Audit Teams and 361 Service Tax Audit Teams on-date. According to one study, the existing number of Audit Teams in Service Tax is presently able to cover only 15% of revenue-base, compared to actual requirement in terms of prescribed frequency of audit. Situation in Central Excise is expected to be no different. It is not possible to increase number of audit teams significantly under the existing sanctioned strength of the Department. Further, it is felt that it is not only detection but fear of detection and subsequent penal action which contributes significantly to voluntary compliance. The HPC feels that in case the Audit Teams are led by an officer of JTS / STS level, not only the detections of duty evasions would be higher, the level of voluntary compliance would also go up significantly. Further, enhancing the level of leadership of Audit Teams would not only increase the competence and efficiency of the teams, which can then complete the audits in more incisive manner in a shorter period of time, but also act as force multiplier. This would reduce the need for increasing the number of Audit Teams beyond minimum requirement level.

5.6 The High Power Committee feels that the Department has an urgent need of large number of experienced officers at JTS/STS level of Group ‘A’ not only for leading the Audit Teams and infusing experience in other core areas of functioning of the Department, but also for addressing the problem of acute stagnation in promotional avenues faced by the executive officers, whose experience and capabilities developed over the years can actually provide the leadership and technical expertise to Audit Teams and other technical functions. On a conservative estimate, the Committee feels that all the existing 1373 Audit Teams need to be headed by a Group ‘A’ JTS level officers, who are promoted from Group ‘B’ Executive Gazetted grades.

5.7 Similarly, the HPC also feels the cases involving complex issues and having large revenue implications should be represented before the Commissioner during adjudication by JTS level officers. During hearing of appeals cases before the Commissioners (Appeals) also, there is the need for representation by experienced JTS level officers in important cases. All of such functional requirements of the Department can be met only if enough number of officers at JTS / STS level is available. Such additional work-force at JTS/STS can be created only outside the IRS (C&CE) in the form of a separate all India service in view of the constraints on cadre restructuring exercise. At present, there are 23 Central Excise Zones and 11 Customs Zones. For each of the Zone, one post of Senior Superintendent (JTS/STS) can be created for representation before Commissioners (Appeals) and Commissioners (Adjudication) in important cases. Thus, the total number of Group ‘A’ posts of Senior Superintendent (JTS / STS) that can be created works out to 1407 (1373 Audit Teams + 23 CE Zones + 11 Customs Zones). However, to round off, it is recommended that 1400 posts of Senior Superintendent (JTS/STS) can be created.

5.8 The said separate service can be named as ‘‘All India Central Indirect Taxes Service’’. The proposed service can have hierarchical Structure as under:
Sl. No. Levels Grade and Proposed Designation
(Proposed Strength) Pay scales Pay Band and Grade Pay
1 Level – I (Group ‘B’ NG) Inspector CE/ Inspector (P.O.)
Central Indirect Taxes Officer (19670) Rs. 7450-11000 Pay Band- 2 (Rs. 4600)
2 Level – II (Group ‘B’ Gazetted) Superintendent CE/ Superintendent Customs (P)
Senior Central Indirect Taxes Officer
(11805) Rs. 7500-12000
(After 4 years of Regular Service in the post)
Rs. 8000-13500 Pay Band -2 (Rs. 4800)
(After 4 years of Regular Service in the post)
Pay Band – 3 (Rs. 5400)
3 Level – III (Group ‘A’ Gazetted) Junior Time Scale / Senior Time Scale Senior Superintendent (Central Indirect Taxes
(JTS /STS)
(1400) @@ Rs. 8000-13500 (after 4 years of Regular Service in the post)
Rs. 10000-15200 Pay Band – 3 (Rs. 5400/ Rs. 6600)

@@ 6th CPC has granted NFG of Rs. 8000-13500 with grade pay of Rs. 5400 to the Superintendent grade officer. Hence, it needs to be clarified if on promotion to Group ‘A’, Superintendent grade officers would get pay scale of Rs. 10000-15200 + Grade Pay Rs. 6600.

While creating opportunities for promotion into a separate service with dedicated posts at Group ‘A’ level, it is felt that stagnation of executive officers at Group ‘B’ level would be reduced significantly. It would further improve the ratio between Group ‘B’ Executive Gazetted Grades and JTS level of Group ‘A’. The net impact of creation of JTS level posts outside IRS (C&CE) on the said ratio is indicated in the table below:
Sl. No. Department Total Sanctioned Strength
JTS Group ‘B’ Ratio
1 Customs & Central Excise 2325* 14176 1 : 6.10
*925 existing JTS level posts of IRS (C&CE) + 1400 JTS level posts of the proposed service. This ratio is quite favourable as compared to existing ratio of 1 : 15.32.

5.9 It is further stated that with creation of these lateral JTS level promotions, outside the IRS (C&CE), it would be possible for the Department to make promotions into IRS (C&CE) more stringent and quicker for more efficient and capable officers. This will also lead to enlargement of consideration zone to find suitable and deserving officers who can be given fast tracked promotions. Such a step would lead to encouragement of merit in a big manner and enhance the efficient functioning of the department. Such fast-track promotions, if implemented, would create opportunities for such meritorious officers to be promoted to the level of Joint Commissioner / Additional Commissioner due to fast tracked promotion at the level of Asst. Commissioner / Dy. Commissioner.

5.10 Once the proposal for lateral level of promotional avenues and creation of ‘‘All India Indirect Taxation Service’’ are accepted, it would create new challenges for increasing the supervisory efforts of audit. These supervisory efforts would be required for pre-audit exploratory work as well as post-audit follow-ups work in the Department. It is proposed that additional posts at the level of additional / Joint Commissioner can be created for fulfilling these needs within IRS (C&CE) at the time of cadre restructuring.

5.11 The creation of JTS / STS posts at Senior Superintendent (Central Indirect Taxation) at Level-III of the proposed service and promotion thereto, will not mean a promotion into IRS Cadre as inclusion of such large number of JTS Level posts within IRS (C&CE) would create its own set of issues with respect to direct recruitment due to apportionment of vacancies between direct recruits and promotee on 50% - 50% basis. Besides, 1400 posts in IRS (C&CE) cannot be created due to inherent limitation of any cadre review that permits increase of only 30% of the total sanctioned strength of any organized Group ‘A’ Service at a time. These aspects have been taken into account by the HPC and accordingly HPC feels the post of Senior Superintendent Group ‘A’ should be kept out of the purview of IRS (C&CE), so as to make available a sufficiently experienced workforce to the Department for rendering jobs and tasks of specialized and technical nature. However, those promoted to Senior Superintendent (Group ‘A’) grade of the proposed Service will have following service benefits:-

(i) After 4 years of regular service as Senior Superintendent, the officers shall be eligible to be placed in Senior Time Scale and designated as Senior Superintendent (STS).
(ii) Those officers who are promoted as Senior Superintendent Group ‘A’ will continue to retain their place in the combined Seniority List at Group ‘B’ level and would continue to be considered for promotion into IRS from the Group ‘B’ feeder grades (Superintendent/ Superintendent Customs (Preventive)/ Appraiser) as at present. However, such Senior Superintendents would have the option to accept or decline entry (promotion) into IRS cadres.
(iii) Those officers who have spent 4 years in the grade of Senior Superintendent and have been granted STS will not suffer in loss of Pay by virtue of accepting promotion into IRS even though they have already been granted the STS earlier. Promotion into IRS will not deprive any of those promoted into this stream of Senior Superintendent Group ‘A’ (JTS & STS) from salary benefits once attained.

5.12 Creation of such service, Group ‘B’ non-gazetted grades, viz. Inspector CE/ Inspector (P.O.), can be merged into one unified cadre and re-designated as Central Indirect Taxes Officer. It is proposed that upon merger of these analogous posts, the inter-se seniority should be fixed on the basis of DOP&T’s O.M. No. 22011/7/86-Estt.(D) dated 3.7.1986, as suggested by the Bharadwaj Committee on merger of cadres in its Report. It is also proposed that the grade of Examiner should not be integrated with the proposed service. This is because there is hardly any stagnation at the level of Examiner and Appraiser as compared to Inspector CE/ Superintendent CE and Inspector (P.O.) / Superintendent Customs (P). Exclusion of the grades of Examiner and Appraiser will also improve the promotional opportunities for Central Excise and Customs (Preventive) executive grades, as newly created Group ‘A’ posts would be exclusively available for their promotions.

5.13 The transfer liability (outside the Zone of allocation at the time of initial recruitment/ promotion) of Inspector level officers (Central Indirect Taxation Officers) after unification shall be restricted to transfer on promotion to the grade of Superintendent level post (Senior Central Indirect Taxation Officer), that too only if promotion can not be granted to an Officer within his parent zone(s) due to unavailability of vacancy. In such eventuality the Officers should be promoted and transferred to a nearby Zone, as far as possible, and should be allowed the option of being transferred back to parent Zone on first out first in basis.

5.14 Group ‘B’ Gazetted Grades, viz. Superintendent CE/ Superintendent Customs (P) can be merged into one unified cadre and re-designated as Senior Central Indirect Taxation Officer. Here also, it is proposed to exclude the Appraiser cadre from the proposed unified service due to better promotional avenues already available to them vis-à-vis those available for Superintendent CE and Superintendent Customs (P) apart from functional reasons relating to job description. After creation of a unified cadre of Superintendent level officers the promotions into the new service would have to be effected from a combined seniority list of the said unified cadre which can be drawn on the basis of the length of regular service in Group ‘B’ Gazetted grade. Once all the existing incumbents are accommodated in the combined seniority list, the placement of the officers in future shall be on the basis of the date of regular promotion to the grade of Senior Central Indirect Taxation Officer.

5.15 The Committee feels that it is necessary to bring level of promotion from the Grade of Inspectors of Central Excise/Preventive Officers at par in all the zones. Towards this objective Committee recommends that all Inspectors of Central Excise/Preventive Officers who are senior (in the grade of Inspectors of Central Excise/Preventive Officers by applying length of service principle) to the last Superintendent promoted in the entire Department should be redesignated as Superintendent by redesignating appropriate number of posts from the grade of Inspectors to Superintendent. Due to applicability of ACP scheme, such Inspectors would already be drawing the salary of Superintendent and as such this proposal has no financial implications.

5.16 The proposal mooted by DOPM and approved by the then Member (P&A), CBEC, and which was examined by the HPC, envisages segregation of Central Excise and Service Tax administration by creation of 17 exclusive Service Tax Commissionerates and 23 Service Tax Zones across the country. The Committee is of the opinion that the Service Tax should remain integrated with the Central Excise field formations because of the following reasons:

(i) Introduction of an integrated Goods & Services Tax in the country from 1st April 2010 as announced by the Government.
(ii) Service Providers falling within the Service Tax ambit are geographically concentrated only in the metropolitan cities. In other areas, the Service Providers are spread across the geographical jurisdictions of the Commissionerates. Any attempt to transfer the Service Tax Administration to city-based exclusive ST Commissionerates would place the ST assessees located in the small cities and towns away from the administrative centers of the Department and would be highly inconvenient to them. Such a situation would also be against the avowed objective of the Government to take the tax administration to the doorsteps of the tax-payers.
(iii) CENVAT Credit of duty paid on input goods as well as input services interchangeable and can be used to pay duty on final goods and services. Hence, proper account and monitoring would be possible by combining Central Excise and Service Tax under the same authority.










6.0 Advantages of creation of the proposed Service:
Creation of the proposed separate all India Service would have following distinct advantages to the Department:

(i) The service would help in removing the acute stagnation in the cutting edge level executive officers and enhance their morale and integrity, which would result in more efficient and assessee friendly tax administration.

(ii) Creation of service would also end the extant regional/ zonal disparities in promotion of executive grades.

(iii) The service would help the Department in raising a sufficiently experienced workforce having knowledge about ground level functioning at JTS/STS level that can be gainfully employed in strengthening various core operations of the department such as Audit and representation before various adjudicating / appellate authorities etc.

(iv) The proposed service is cost neutral. The officer who are likely to be designated as Senior Superintendent are already drawing the Junior Time Scale by virtue of ACP Scheme / Non-functional grade. Further, the Stagnating officers would automatically get the Senior Time Scale, even if they are not promoted to Group ‘A’, by virtue of Modified ACP Scheme, to be introduced consequent upon implementation of the recommendations of 6th CPC. Thus, creation of the service is not going to incur any additional financial burden.

(v) Restricting the proposed unification only to Central Excise and Customs (P ) cadres and exclusion of Inspector (Examiner) / Appraiser cadre would lead to improvement in the promotional avenues of Inspector (CE)/ Superintendent CE & Inspector (P.O.) / Superintendent Customs (P). Further, this would not be at the cost of the existing vastly better career prospects available to the Inspectors (Examiner) and Appraisers, as they would continue to get quicker promotions into Appraiser / IRS (C&CE) cadres due to existing administrative arrangement, viz., inverted pyramid of Inspector (Examiner) with reference to Appraiser cadre & favourably skewed ratio for promotion into IRS (C&CE) cadres, due to a Supreme Court judgment.
Annexure ‘C-1’
Gist of the References/ representations received from the office of the Hon’ble Finance Minister

(A) Representation from All India Central Excise Inspectors Association:
(i) Inspector grade posts in the Department of Customs & central Excise should be merged on all India basis, since direct recruitment (after the 1996 Judgment of Hon’ble Supreme Court in Radhe Shyam Singh vs. Union of India) to the grade is on the basis of an all India merit list drawn on the basis of an All India Competitive Examination conducted by the Staff Selection Commission.
(ii) In order to remove the stagnation in Group ‘B’ Executive Gazetted as well as Non-gazetted grades, at least 2472 posts at Asst. Commissioner level and 2386 posts at Superintendent level should be created.
(B) Representation from All India Association of Central Excise Gazetted Executive Officers:
(i) Ratio between the Group ‘B’ Gazetted Executive Grades and promotion quota in JTS of IRS (C&CE) is extremely unfair at 30 : 1.
(ii) Department needs a large number of posts at JTS / STS level to meet the functional requirements of the Department in the area of Service Tax administration, Service Tax and Central Excise Audit, smooth functioning of ICDs/ CFSs.
(iii) In order to meet the functional requirements of the Department as well as for addressing the problem of acute stagnation in Group ‘B’ Executive grades, a separate service in line with the Central Secretariat Service, DANICS, DANIPS etc. should be created in the Department of Customs & Central Excise.

RECOGNITION OF AICEIA EXTENDED

Congratulations to all the members of AICEIA as the recognition of our Association has been extended by the Ministry.It is a moment of joy






Regards
Lekhraj Meena
VP(North)AICEIA

Supreme Cdourt's Order on ratio of promotion to AC

SUPREME COURT'S ORDER

ITEM NO.117 COURT NO.7 SECTION IX



S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS



CIVIL APPEAL NO(s). 1198 OF 2005



R.S. POTDAR & ORS. Appellant (s)





VERSUS





UNION OF INDIA & ORS. Respondent(s)





(With appln(s) for impleadment)





Date: 30/03/2010 This Appeal was called on for hearing today.





CORAM :

HON'BLE MR. JUSTICE MARKANDEY KATJU

HON'BLE MR. JUSTICE A.K. PATNAIK





For Appellant(s) Mr. A.K. Ganguly, Sr. Adv.

Mr. Jana Kalyan Das, Sr. Adv.

Mr. S.K.Das, Adv.

Mr. Avijeet Bhujabal, Adv.

Mr. S.Burma, Adv.for

Mr. Parmanand Gaur,Adv.



For Respondent(s) Mr. Ashok Bhan, Adv.

Mr. Shalinder Saini, Adv.for

Mr. B.K. Prasad, Adv.



Mr. Lakshmi Raman Singh,Adv.



Mr. Jitendra Mohan Sharma ,Adv

Mr. Sandeep Malik, Adv.



Mr. Sibo Sankar Mishra, Adv.









UPON hearing counsel the Court made the following

O R D E R



We are informed that the Central Government has

initiated the exercise for re-examining the existing ratio

of 6:1:2 amongst feeder cadres for promotion to Group 'A'.



In view of this, list this matter on 20th July, 2010.





(Parveen Kr. Chawla) ( Indu Satija )

Court Master Court Master

Wednesday, March 31, 2010
Great News
. Supreme Court allows inter application and directed our board to settle the inequities in promotion of the Superintendent of Central Excise to the Assistant Commissioner Grade and report within July 20, 2010.
Posted by AICEIA at 4:27 PM
15 comments:

Jeevan said...

Good News! Atleast now the Supdts. will see the light of the day and become Assistant Commissioner. Keep it up. Long live our Association.
March 31, 2010 10:55 PM
GOVARDHANA RAO H S said...

Good efforts Could you please place the order or at least give the reference of SC Judgment
April 1, 2010 11:08 AM
murali said...

I request the association to implead themselves in the case of Samiran Roy Vs UOI consequent to which the DPC for promotion from Insp to Supdt has been stayed. It is unfortunate that the current DPC has been stayed to rectify a puported injustice. Is it justice that the people of the very same cadre approach the court and obtain a stay of promotion of their brethren. This kind of approach would only retard our progrss.As an association representing each and every memeber, it should be ensured that justice is ensured to all.
April 1, 2010 11:12 AM
RAM said...

Dear Murali, it is unfortunate to note your comments. They have approachd Hon Court to get their rights and not to spoil the chances of their own brothern Inspectors. You will be aware that our Board has issued an order dated 15/17.7.2009 to rectify the mistakes in giving promotion to and adjusting of SC officers on their own merit. Do you aware of the fate of the letter in the cadre controlling offices? The Association should have mooted or urged the department to act fast and correct the mistakes and the step motherely treatment meted out by one section of its members - sc officers. but you are blaming the officers who sought remedy. It is the treatment givento your own colleagues - sc officers. Even god can not help these poor SC officers.
April 1, 2010 12:53 PM
RAM said...

Board has directed to ascertain the list of such officers who were promoted on their own merit, within 3 months. But no action was taken even after a lapse of over 8 or 9 months, by the cadre controlling authorities or simply written as properly followed. Is is correct. I request you Murali to ascertain the position in your Commissionerate, where you are working, to your conscious. Not to hurt you my friend only to inform the actual position. With regards,
April 1, 2010 12:58 PM
murali said...

Dear Ram,
I have put in 18 years and the DPC was supposed to be on 24 th where i had a chance to get promoted. You will appreciate my feelings when you are in my position.
My question is that whether getting a stay on conducting the DPC correct. I am of the firm opinion that the Officers who have been discriminated should get their rightful seniority and promotion, but by not resorting to legal tangles. Suppose, the court gives a ruling and some body else manages to gets a stay on the implementation of the same, no promotion will be there in near future.
April 1, 2010 1:29 PM
RAM said...

Dont misunderstand my dear friend. THey have not obtained stay for denying your promotion. They are fighting for their cause. Will the Inspector's Association come forward to fight with the Cadre Controlling Authorities to implement the Board's direction? If any instruction is issued against the interest or denying the benefits for the SC ST officers, the authorities will run into que to implement at first. They will act even based on a municif court in a remote area. But if any ruling comes in favour of them even from Hon Supreme, Board or authorities will seek clarification or legal opinion etc. It is the plight of the SC ST officers of our Dept. Think of this. But as an individual, i do share your feelings.
April 1, 2010 4:44 PM
vengat said...

Association is of total cadre. what some people legally fight is what they feel, they are entitled for, as per the existing statutory provisions. therefore, association should not take side in such matters. if, any one feel aggrieved they should implead themselves. i do agree that to the extent that steps are taken to avoid any stay is vacated, so that our senior comrades of more than 20 years and more promotions are not delayed, it is o.k. i hope and we should not allow the association to take any sides in the matter.
vengatraman.M.S.
April 2, 2010 9:19 AM
karunai said...

comrades,

please keep in mind that all officers are stagnating including the SC officers. AICEIA is for all. This is a very crucial juncture where our demands with CBEC are being heard. Only Board is engaging counsel and not AICEIA. Our Inspectors belonging to SC category should get their what they are entitled statutorily. I agree with vengat.
April 2, 2010 10:11 AM
曉豪 said...

happy to read~ thank you!..................................................
April 2, 2010 11:27 AM
N. BALRAJ said...

Comrades,
AICEIA is the guardian of the interest of all Inspectors, whether SC/ST/OBC/Gen so on so forth. It will thrive to get the legitimate grievances of even the last member redressed at an early date.
April 2, 2010 10:41 PM
gopal.J said...

I don't know why such a fight is going on. any one who think he is being subejected to duress is free to aproach judiciary. It is the survival of fittest. SC/ST 1st get a reservation in job, and even after denial by Honble Supereme court, get reservation in promotion. Even than they are not statisfied and demand additional promotion by seeking their own brother who have promoted on "MERRIT" to be treated a general. The word merit itself is disputed as SC and ST are under the belief that seniority is merit. best of luck to them. What the upper caste have done to them in past is being done by them now.
April 3, 2010 3:45 PM
kps said...

Let's come to the main point.
1. Implementation of the cadre review as early as possible without administrative hitches.
2. If promotions are time bound, issues like SC/ST quota, promotional incentives to SC/ST etc. will all be side lined.
3. SC/ST (ofcourse Superintendents of Kolkata Zone)should make a statement before Kolkata High court that the SC/STs of other Zones should not suffer.
4. No direct recruit SC of 1992 batch has got promotion in Ludhiana Commissionerate.
5. AICEIA should also get in touch with the plea raised by Supdt.s Asssociation befor ADG HRM as published in their web site www.cengokerala.com
6. The Associations should meet Hon'ble FM as budget as well as Financial Year is over.
7. AICEIA is requested to inform the cadre further regarding the Supreme Court case titled 'GREAT NEWS'
8. In all this, we should not forget
a. Pay scale re-fixation from 01.10.1996 (or preferably from 01.01.1986)
b. Grade pay of 5400 to ACP recepient Inspectors
c. Counting of service in the combined grade of Inspectors and Superintendents for promotion as Assistant Commissioner.
d. Technically, if I am correct, the minimum service for promotion from Supdt. to Assistant Commissioner is merely 3 years. In other sense, an Inspector can become Assistant Commissioner in 11 (eleven) years.

As a pre-cadre review, all Inspectors senior to the junior most Superintendent any where in India should be promoted as Superintendents to end stagatation and regional disparity.

The Central Govt. has got vast and virtually unlimited executive powers and can do this without much deliberations. For this, any Constitutional expert can make such recommendations.

Indian economy is recovering. India has the distinction of having a highly respectable and world renowned (By his own calibre and not due to political affiliations) Prime Minister.

It will not be wrong to seek his intervention at this stage by making an appeal as due to administrative delay in the implementation of Cadre restructuring, hundreds of our Inspector and Superintendent colleagues will be retiring with a grudge for a second promotion.

I APPEAL TO ALL THE INSPECTORS WHETHER SC/ST OR DIRECT RECRUIT/PROMOTEE TO FORGET THEIR GREVIENCES AGAINST EACH OTHER AND STAND UNITEDLY FOR A COLLECTIVE BARGAIN.

WITH REGARDS TO ALL.

KPS
April 3, 2010 10:04 PM
Gurwinder Singh said...

Well said KP!Inspector cadre as a whole is a persecuted and neglected lot one irrespective of SCs or STs.So we should not get lost in unnecessary controversy and instead make united efforts to achieve our ends.
Regards
Gurwinder
April 3, 2010 11:48 PM
RAM said...

my concern is association should not involve in the litigation. it should see the welfare of all members and not by eliminating SC/ST member's welfare. Had the Association fought with or atleast issued a letter to implement the Board's circular dated 15/17.7.2009, i would have salute to the GS and President. But? it moves or instigating the Board to act against the interest of its own members. What to say? it is the pitiable position of SC/ST members of AICEIA. Even god can not help these poor SC ST officers.