Sri.Premchand Addl. Commr(Retd) is no more

Sri.Premchand Additional Commissioner(Retd) has expired today in Care Hospital Hyderabad. It is a great loss to all his "CHOTEs" whowm he use to call so effectionately. May his sole rest in peace.

FURTHER UPDATE ON 5400 CASE

Today (31.10.2013) the Contempt petition was listed for hearing. The C.G. Counsel Mr. 
Sundareswaran who had taken notice of the contempt petitions on behalf of all 4 respondents 
last week appeared before High Court and informed that my petition for early hearing in 
Supreme Court was withdrawn and they (department) were also trying to obtain early orders from 
the Supreme Court. When it was pointed out that over 3 years has lapsed and order of the High 
Court not implemented, the counsel has pleaded that within 2 weeks time they would obtain stay 
from the Supreme Court against the High Court's order. The High Court has directed that the 
order of the High Court should be implemented within 2 weeks failing which the 4 respondents 
may have to appear in person before the High Court. 

The department by sighting contempt petition may try to obtain stay in SLP CC 15627/2011 filed by the department but it may not be possible in view of not granting stay earlier.  

UPDATE ON CONTEMPT CASE 5400 IN CHENNAI HIGH COURT

THE CASE HAS BEEN ADMITTED BY COURT. NOTICES HAVE BEEN RECEIVED BY THE DEPARTMENTAL COUNSEL ON BEHALF OF CHAIRMAN/CC/COMMISSIONER. NEXT DATE WILL BE GIVEN FOR HEARING.

CONTEMPT PETITION ON 5400 GP IN CHENNAI HIGH COURT IS POSTED FOR TODAY

COURT NO. 4           
HON'BLE  MR JUSTICE N.PAUL VASANTHAKUMAR
HON'BLE MR JUSTICE K.RAVICHANDRABAABU
TO BE HEARD ON THURSDAY THE 24TH DAY OF OCTOBER

 2013 AT 12.30 P------------
                                        

     CONT.P - FOR ADMISSION
       ~~~~~~~~~~~~~~~~~~~~

6.     CONT P.2397/2013       M/S.V.PARTHIBAN                            
       AND                    
       SUB A.646/2013   

Supreme Court Hearing on 5400 GP Update

Supreme Court Hearing Update
The Application for early hearing in the Rs 5400/- GP for Inspectors on completion of 4 years after grant of first ACP was heard in the Supreme Court today by the Chief Justice's  Bench. The CJI observed that since no Interim Orders had been passed earlier in the case, and since mostly it was in cases of 2008/2007 or earlier that early hearing was being  considered, it is too early in our case to allow such an application. The CJI also suggested that such an application may be filed next year. Accordingly our Counsel withdrew the Application. More details to follow.

The contempt petition filed by Sri.Subramanyam in Chennai High Court may come up this month.

Ajit Kumar K G
Secretary General    
AICEIA

Recommendations of the Committee of Experts on Disciplinary & Vigilance Inquiries (HOTA Committee)

The following OMs have been issued implementing the HOTA committee recommendations:

http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-31-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-35-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-135-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-36A-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-38-14102013.pdf
http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02ser/Para-48-14102013.pdf

CABINET NOD TO NEW CESTAT BENCHES AT HYDERABAD,CHANDIGARH AND ALLAHABAD

Creation of additional Benches of the Customs, Excise and Service Tax Appellate Tribunal

The Union Cabinet today gave its approval for setting up six additional Benches of the Customs, Excise and Service Tax Appellate Tribunal (CESTAT), including three at the existing locations of New Delhi, Mumbai and Chennai and three new Benches at Chandigarh, Allahabad and Hyderabad.  With the creation of six additional benches of CESTAT, disposal of cases will increase and pendency will decrease benefiting Government and tax payers. The proposal would facilitate the cause of Government as well as litigants, by reducing travel time and expenditure and also the timely disposal of cases.  The creation of additional/new Benches of the CESTAT would require the creation of twelve posts of Members of the Tribunal (6 Technical and 6 Judicial Members) in the Higher Administrative Grade (HAG+) in addition to 98 posts of supporting staff including Deputy Registrar/Assistant Registrar.  The creation of additional/new Benches of the CESTAT would amount to a one time expenditure of Rs. 3.45 crore while the recurring expenditure would be Rs. 10 crore per annum.  Background:  The Customs, Excise and Service Tax Appellate Tribunal (CESTAT) was created in 1982 to provide an independent and impartial forum to hear the appeal against orders and decisions passed by the Commissioners of Customs and Excise under the Customs Act, 1962, Central Excise at 1944 and Gold (Control) Act, 1968.  After coming into operation of the Service Tax vide Chapter V of the Finance Act, 1994, Service Tax Appeals have been included in the Jurisdiction of the tribunal. The Tribunal is also empowered to hear the appeals against the orders passed by designated authority with regard to Anti Dumping Duties under the Customs Tariff Act, 1975. At present, CESTAT has three benches each in Delhi and Mumbai and one bench each at Kolkata, Chennai, Bangalore and Ahmedabad. The headquarters as well as Principal Bench of the Tribunal are in Delhi.       *****

Insp to Supdt Promotion Orders Hyd-CCA

Supdt Promotion Orders

ACs MACP ORDER HYD-CCA

ACs- MACP Order

Update by SG AICEIA-Supreme Court Case - Rs 5400 GP to Inspectors on completion of 4 years after grant of 1st ACP, News on CR

The AICEIA is fighting a case on behalf of Shri M Subramaniam, erstwhile General Secretary of the Salem Branch of the AICEIA . The case relates to entitlement of Grade Pay of Rs 5400/- to Inspectors on completion of 4 years after they get their 1st ACP. The Government has filed a Civil Appeal challenging the Madras High Court Order favouring Shri Subramaniam, and the same is pending  before the Supreme Court.  As per decision of the Central Executive Committee of the AICEIA, an application for early hearing was filed in the case, and the same is coming up for hearing before the Supreme Court on 21.10.2013. Senior Counsel has been engaged in the case to represent the party Respondent. 

News regarding CR is that the Cabinet Note has been approved by the Finance Minister, and it is expected that the same will be placed before the Union Cabinet shortly.

Meanwhile this Association's efforts to highlight the plight of the Gr B Central Excise executives regarding acute stagnation continue at all levels in the maximum effective manner. We are very hopeful of permanently doing away with the shamefully appalling regional disparities in promotions that exists among Inspectors of different Cadre Control Zones very soon, and that would indeed be a very important step towards our ultimate aim of achieving parity in promotions among all 3 cadres ( POs & Examiners of Customs, and Inspectors of Central Excise) and securing for ourselves avenues for career advancement comparable with those available to analogous cadres in other departments.

Ajit Kumar K G
Secretary General

PRESENT POSITION OF CR PROPOSALS OF CBEC & MEETING WITH CABINET SECRETARY.- by Com.Ravi Mallik

Dear friends,

Good evening.

"VARY VARY HAPPY NAVRATRAS TO ALL THE MEMBERS 
& OFFICE BEARERS WITH FAMILY" 

1) One more meeting was held with the Cabinet Secretary today. 
The submissions made to him are posted below for information of our members. 
http://cengoindia.blogspot.in/2013/10/present-position-of-cr-proposals-of.html

2) The cabinet note in r/o CR has been sent to the FM for approval. After his
 approval, it will be sent to the Cabinet. 

Love,

Ravi Malik.

SG/AIACEGEO

HYD CCA SUPDTS MACP ORDER

MACP Order

Preparation of unified seniority list of Inspectors of Central Excise on all India basis to remove regional disparity for promotion to the next grade

 Many of our members are having a doubt in their minds that 

our AIB in not showing any interest for removal of regional 

disparity in promotions as existed in our cadre. But this

 is not at all a fact; our Association is fully concerned for 

removal of the same.  Recently DG/HRD vide its 

letter dated 04.09.13 and 09.09.2013 has proposed  for  

preparation of unified seniority list of Inspectors of 

Central Excise on all India basis to remove regional

 disparity for promotion to the next grade. What DG/HRD

 proposed  that first it would prepare one unified seniority 

list of all existing Inspectors considering the merit lists 

of direct recruit Inspectors and date of DPCs of promotee

 Inspectors, thereafter all promotions to the post of 

Superintendent would be made basing on such seniority list

 prospectively. DG/HRD is trying to remove the regional

 disparity in prospectively. But this proposal is against the 

recommendations of Bhardwaj Committee and Board 

minutes of 97 and 12.01.2011 for merger of all 3 base 

cadres( Inspector/PO/Examiner) and preparation of 

unified base cadre  seniority .  The Apex Court has 

already decided that “ If on judicial scrutiny it

 cannot stand the test of reasonableness and 

constitutionality it cannot be allowed to continue

 and has to be struck down”. Since the case filed

 by Mr Laxaman Rao against the Supdt. Central

 Excise Recruitment Rules was rejected  by Apex Court,

 our Association has no other  option except to 

approach CAT in a different footing for parity 

with Examiner of Customs to solve inter cadre as 

well as intra cadre disparity. Therefore  OA No. 

2323 was filed in the Delhi CAT  by our Association 

with the  prayer to issue direction  to amend/revise the

 Recruitment Rules to bring all the Inspectors

 (i.e., Inspectors of Central Excise, Preventive 

Officers and Examiners of Customs) recruited in a 

particular year through All India Combined Examination

 in parity as per their seniority position in respect of their

 service conditions and promotions to maintain the principal 

of equal opportunity & equality before law and to 

save the senior Central Excise officers from humiliation 

of working under their juniors recruited much after in  

Customs belonging to the same cadre of Inspector in CBEC.

If this case will be decided in our favour definitely there is 

a hope for removal of inter cadre as well as intra cadre disparities 

as existed in our cadre.

AD-HOC BONUS TO CENTRAL GOVT NON-GAZETTED EMPLOYEES

PLEASE CLICK HERE FOR BONUS ORDER 

CHANCES OF YOUR PROMOTION AS AC AS PER LATEST CR PROPOSALS

please CLICK HERE for file

UNABLE TO DOWNLOAD PLEASE MAIL TO        hyd.cus@gmail.com

CABINET SECRETARY CLEARS THE MINUTES OF COS - COM.RAVI MALIK

Dear friends,

Namaste.

The minutes of CRC (COS) meeting have reached the CBEC. Perhaps the Cab Sec cleared these before leaving for out of station.We have to wait for details. Let us hope for the best.

Love,

Ravi Malik.

SG/AIACEGEO

Govt announces setting up of 7th Pay Commission

Ahead of elections, the government on Wednesday announced constitution of the Seventh Pay Commission, which will go into the salaries, allowances and pensions of about 80 lakh of its employees and pensioners.

“Prime Minister Manmohan Singh approved the constitution of the 7th Pay Commission. Its recommendations are likely to be implemented with effect from January 1, 2016”, Finance Minister P. Chidambaram said in a statement.

The setting up of the Commission, whose recommendations will benefit about 50 lakh central government employees, including those in defence and railways, and about 30 lakh pensioners, comes ahead of the Assembly elections in 5 states in November and the general elections next year.

The government constitutes Pay Commission almost every ten years to revise the pay scales of its employees and often these are adopted by states after some modification.

As the Commission takes about two years to prepare its recommendations, the award of the seventh pay panel is likely to be implemented from January 1, 2016, Mr. Chidambaram said.

The sixth Pay Commission was implemented from January 1, 2006, fifth from January 1, 1996 and fourth from January 1, 1986.

The names of the chairperson and members of the 7th Pay Commission and its terms of reference will be finalised shortly after consultation with major stakeholders, Mr. Chidambaram said.

90% DA Orders issued

Please CLICK HERE for DA order copy

DA hiked to 90% for Central Staff

New Delhi, Sept 20 (PTI) The government today approved a proposal to hike dearness allowance to 90 per cent from existing 80 per cent, a move that would benefit about 50 lakh central government employees and 30 lakh pensioners.

"The Union Cabinet approved the proposal to increase dearness allowance to 90 per cent at its meeting here. The hike would be effective from July 1, this year," a source said.

Fin Min to form four new service tax zones and 15 new service tax commissionerates

New Delhi, September 15, 2013(PTI): Expecting an increase in revenue from service tax, the Finance Ministry may set-up a new anti-evasion and intelligence unit to check leakage of any indirect tax.
The issue of creating such a separate unit had

come up for discussion
during a recent meeting
of Chief Commissioners
and Directors General of
Customs, Central Excise
and Service Tax here.
It was recommended
during the meet that the
mandate of Directorate
General (service tax),
based in Mumbai, should
be enhanced and it
should be assigned the
work relating to
intelligence and antievasion, according to the minutes of the meeting.
A proposal in this regard has already been submitted to the Finance Ministry.
The Directorate General of Service Tax coordinates between the Central Board of Excise and Customs (CBEC) and
central excise commissionerates. It also monitors the collection and the assessment of service tax.
During the two-day meet, a group on ‘Way Forward; Service Tax’ had suggested creation of a separate service tax
intelligence organisation and also creation of specialised groups under service tax commissionerates.
“Recommendations on administrative side include creation of four new service tax zones and 15 new service tax
commissionerates and also audit and appeal commissionerate.
“The group also highlighted the high pendency of adjudications in the service tax commissionerate and
recommended four posts of commissioners (adjudication),” it said.
Finance Minister P Chidambaram, who inaugurated the conference on July 17, had noted that service tax revenue is
bound to increase in future as it has shown steady growth so far.
The proposed organisation, if comes into force, may be assigned a task of collecting intelligence related to service
tax evasion and disseminate it among various field units and agencies, official sources said.
Tags: CBEC, Central Board of Excise and Customs, central excise, Commissioner, Commissionerates, customs,
Director General, Directorate General of Service Tax, Finance Minister, Finance Ministry, Mumbai, P Chidambaram,
service tax, Zones