Friday, June 19, 2015

Meeting with 7th CPC

Posted by Secretary General on 9:46 AM with No comments


The 7th CPC called us for a meeting on 17th June on very-very short notice.  Com. Anupam Neeraj, President and undersigned attended the meeting at the office of 7th CPC.  This time the meeting was a common meeting with almost all other recognised Associations, working under CBEC.  From 7th CPC, Justice Ashok Kumar Mathur, Chairman, Smt. Meena Agarwal, Secretary and other officers were present.  From staff side, the office bearers of five Associations were submitted and discussed their demands.

 

We again submitted our following demands :-

 

·      Accord Pay-Parity between Superintendent of Central Excise and the Dy. SP,  CBI i.e. to place the Superintendent of Central Excise in the Grade Pay of Rs. 5400 in PB-3.
·      To evaluate the Manpower requirement at short intervals
·      To conduct periodic Cadre Reviews
·      To strengthen the Audit & Anti Evasion mechanism considering that the entire tax control has been shifted from physical control to production based control to audit based control
·      Training and incentives to staff to enable Computerization of the department in a full-fledged manner
·      Abolition of Control Room duty and Uniform for Central Excise and Service Tax
·      Reasonable Uniform allowance for maintaining Uniform in Customs
·      To notify new recruitment rules for Central Excise Inspectors as Group ‘B’ non-gazetted officers
·      Payment of Rummaging Allowance on par with Inspectors of Customs
·      Payment of Local Travel Expenses (Petrol Allowance) on par with Inspectors of Income Tax
·      Payment of Risk Allowance
·      Parity with the CBI Inspectors w.e.f. 01.01.1996
·      Same entry pay level for both the direct and promote officers

 

Moreover, we also asked Hon'ble Commission to recommend five MACPS, MACPS on the Pay Scale of next Promotional Posts, abolition of NPS etc. Hon'ble Chairman agreed for at least four MACPS & MACP on next promotional post but not agreed on abolition of NPS.  Hon'ble Chairman also not agreed to adding new allowance to other departments.  However, he told that allowances will be enhanced to some extent.  All the Associations asked for pay parity of Superintendent of Central Excise/Customs with the Dy. SP of CBI and the Chairman assured us for  positive consideration of the issue.  The 7th CPC will submit its recommendation in the month of August 2015. 

 

As far as meeting with Chairman & Member (P&V) is concerned, we could not meet them due to paucity of time.  However, we met different officers in CBEC and discussed many points.  It is also to intimate that soon a Co-ordination meeting of all the national office bearers will be oraganized in New Delhi.

 


Saturday, May 23, 2015



The following Officer Bearers have been unanimously elected to serve the members of AICEIA, Tirunelveli Branch:-

S. No.
Name of the Officer-Bearer
Post Held
01
M. Krishnan
President
02
S. Shaik Sulaiman
Vice President
03
T. Pradeesh
General Secretary
04
Mathiselvan
Joint Secretary
06
John Selvakumar
Treasurer

Yours fraternally,
Sd/-                                                                                 

Abhishek Kamal 
Secretary General


Thursday, May 7, 2015

ICT related matters

Posted by Secretary General on 2:21 PM with No comments
F. No. AICEIA/ADMIN/2014/04                                  Date: 07.05.2015                                
To
The Member (P&V),
Central Board of Excise & Customs,
North Block,
New Delhi-1.

Sub:­ Inter-Commissionerate Transfers- Request for issue of instructions –reg.

Madam,

              This Association would like to draw your kind attention to the Board’s circular F.No.A-22015/23/2011-Ad.III.A dated 27.10.2011, containing the guidelines for Inter-commissionerate transfer of Group ‘B’, ‘C’ & ‘D’ officers under CBEC.
2.      This is to bring to your kind notice that the Cadre Controlling Authorities under various zones are following divergent policies owing to which the deserving candidates, whose request was considered as genuine, are unable to get the requisite benefit of transfer.
3.        Kindly find enclosed a copy of the order dated 18.03.2015 passed by the Hon’ble Central Administrative Tribunal, Ernakulum on a batch of applications filed by the officers who were granted Inter-commissionerate transfer but have not been relieved. The cadre controlling Chief Commissioner, Cochin had granted concurrence in respect of those officers for their transfer to various zones and the respective cadre controlling chief commissioners have issued necessary orders of transfer. However, the CCA, Cochin has delayed the relief on administrative grounds (citing shortage of staff), due to which these officers had approached the Hon’ble Tribunal for relief. The Tribunal has ordered that these officers shall be relieved within a period of 40 days from the date receipt of the order. However, it has come to our notice that the CCA has challenged the said order in the Hon’ble High Court of Kerala and obtained a stay order for a period of 4 months. The relief of these officers has therefore been further delayed. 
4.      Madam, you would appreciate that these officers had sought transfers to their respective hometowns/other places of their need, on compassionate grounds, which were considered to be genuine based on which the orders for transfers have been issued. However, if their relief is delayed, the very purpose of which transfer was sought and considered is defeated.  Many zones cancelled the ICT orders due to non-relieving of officers from particular zone.  If an order of ICT is cancelled for no fault of the officers then it may well be impossible for them to get another opportunity for transfer in the near future. The reason cited by the Cadre controlling authorities for delaying the relief on administrative grounds is unjustified, as the vacancy position across all zones is higher. Subsequent to the above, the requests of officers for transfer on genuine medical grounds are not being considered and kept pending.

5.     One of the conditions of ICT is that the officers who are seeking transfers would be placed at the bottom of the seniority list and delay in relief will result in loss of their seniority as officers from other zones are likely to report ahead of them and also in case of new recruits joining the respective zones. Madam, it is now learnt that the SSC has declared the results of the CGL Examination for the year 2013 and new recruits are likely to join the department in the coming days. In case of any delay in relief and cancellation of the orders already issued, these officers will stand to lose enormously and the purpose for which they sought transfer will forever remain unfulfilled. The provisions for inter-commissionerate transfer were meant to alleviate the sufferings of the officers who are posted far away from their hometowns. However, the decisions/divergent views taken by various cadre controlling authorities are scuttling the purpose for which it was brought in.
6.     Many CCAs are not forwarding the applications of ICT to other zones, even on extreme compassionate grounds (i.e. disease like cancer to his/her dependent), which is causing great mental agony, sufferings and economic crisis to the family of Inspectors.  Administration takes different measures for consideration of ICT or granting NOC for ICT.  They, sometimes, act differently under same zone.  For example, a Commissionerate forwards application for ICT whereas other Commissionerate rejects the application in the same Cadre Controlling Zone citing different reasons.  Central Excise Zone, Kolkata is also not relieving Inspectors even the Inspectors have been granted ICT to other zone citing administrative exigencies.  This arbitrary action of the administration is marring the purpose of the Board’s guidelines on ICT.
7.     There are neither proper guidelines for forwarding the application of ICT by a CCA nor any proper guidelines for consideration of the same by other CCA.  There are also no proper guidelines for ICT on Spouse Grounds in this existing circular.
8.     Under these circumstances, it is requested that appropriate instructions may kindly be issued for maintaining uniformity in respect of Inter-Commissionerate transfers. Awaiting issuance of favourable orders, we remain.

        Thanking you.
               
                Encl. As above.
         Yours faithfully,

Abhishek Kamal

Secretary General
F. No. AICEIA/ADMIN/2014/05                      Date: 07.05.2015                                
To
The Member (P&V),
Central Board of Excise & Customs,
North Block,
New Delhi-1.

Sub: Non-observance of CBEC Guidelines regarding Hon’ble Supreme Court Judgment in the Case of N R Parmar v/s. Union of India by many CCAs - Reg.

Madam,

    Please refer to the letter No. A-32022/06/2014-Ad.III A dated 08.09.2014 issued by the CBEC, New Delhi regarding Inter-Se Seniority of Direct Recruit & Promotee Officers.

   In this context, it is to submit that many Cadre Controlling Authorities have not yet finalized the Seniority List of Inspectors in light of Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India.  The CCAs of Central Excise & Service Tax Zones like Bangalore, Mumbai, Ranchi etc. have not prepared the Seniority List yet, despite the lapse of many months.

       Many Inspectors of different zones have forced to move to CAT in order to get the said judgment implemented. For example, some officers in the grade of Inspectors had to approach the Hon’ble Central Administrative Tribunal, Ahmedabad, which granted a blanket stay on conduct of DPC, till Seniority List dated 01.01.2013 is revised in light of the said judgment of Hon'ble Supreme Court.  Finally, the draft Seniority List as on 01.04.2014 was prepared by CCA, Vadodara as per the guidelines of CBEC regarding the implementation of the Hon’ble Supreme Court judgment in the case of N R Parmar v/s. Union of India and was submitted to the Hon’ble Central Administrative Tribunal, Ahmedabad on 07.10.2014.  Further, CCA, Vadodara vide its letter dated 14.10.2014 (copy enclosed) published the revised draft Seniority List as on 01.04.2014. However, the same could not be finalized as some of the Inspectors of 2003 Batch (Joined in the year 2005) subsequently approached the Hon’ble High Court of Gujarat for implementation of the said Hon’ble Supreme Court judgment in their case as well and the same is pending before the Hon’ble High Court, but it is pertinent to mention that no stay has been granted by the Hon’ble High Court on the Seniority List as on 01.04.2014 till date.
        
     Madam, despite Association's requests dated 28.04.2015 & 29.04.2015, the Chief Commissioner of Central Excise, Vadodara/Ahmedabad zone is validating the “Seniority List as on 01.01.2013” for the purpose of calling willingness of Officers in the grade of Inspectors for Gujarat Customs in view of AGT-2015 instead of the “Seniority List of 2014”.

         Madam, this situation persists in many zones (like Kolkata) where the seniority list on the basis of the above said judgment of Hon'ble Supreme Court has been prepared and circulated but for promotion, AGT & other matters, the old seniority list is being used.

     In this regard, it is requested to issue suitable directions to the competent authorities for preparation & issuance of Seniority List in light of N R Parmar Judgment without further delay and issuance of ‘Due List’ of Inspectors for Gujarat Customs in consonance with the Draft Seniority List as on 01.04.2014.

        Thanking you.

Encl. As above
                     Yours faithfully,
Sd/-
Abhishek Kamal
Secretary General
Copy submitted to:-
(1)    The Chief Commissioner, Central Excise: Vadodara Zone, Central Excise Bhavan, Race Course Circle, Vadodara-390 007 for favour of kind information please.
(2)    The Chief Commissioner, Central Excise: Ahmedabad Zone, Near Polytechnic, Ambawadi, Ahmedabad-380 015 for favour of kind information please.
(3)    The Chief Commissioner, Customs: Gujarat Zone, Custom House, Navrangpura, Ahmedabad for favor of kind information please.
(4)    The National Vice-President (Representing West Zone), All India Central Excise Inspectors’ Association, Rajkot with reference to his letter dated 28.04.2015.


Abhishek Kamal
Secretary General

Tuesday, May 5, 2015

Updates from Mumbai and formation of AICEIA Branch at Goa

Posted by Secretary General on 10:41 PM with No comments
Update from Mumbai:-
The office bearers of the AICEIA visited Mumbai on 17th April 2015 and participated in the General Body Meeting of Mumbai Circle at NACEN, Bhandup.  Com. Abhishek Singh, General Secretary, Mumbai Circle organized the General Body Meeting with many local agenda including interaction of their members with the national office bearers.  The national office bearers along with Sh. Abhishek Singh, GS, Mumbai Circle also met Sh. V. S. Krishnan, Chief Commissioner, Mumbai-I and discussed many issues including DPC, Residential Accommodation, Sitting space in office, preparation of seniority list in light of the Supreme Court Judgment of NR Parmar etc.
Later on the same day, a meeting with the office bearers AIACEGEO & IRS Pr. Association was held at NACEN, Bhandup with the of the agenda to form a regional forum to take up the matter of Recruitment Rules of IRS and get it prepared in the interest of Inspector and Superintendent of Central Excise.  Since, the national leaderships of AIACEGEO & IRS Pr. Association did not come together to form a national forum to oppose fault Gr. A RR, it was necessary to make at least joint regional forum to oppose it vigorously.

Welcome the New Branch of AICEIA i.e. GOA BRANCH:-
Sh. Rajesh Kumar, Organizing Secretary fixed a meeting with the Inspectors of Goa Commissionerate on 20.04.2015 at Conference Hall, ICE House, EDC Comples, Panaji, Goa in order to form a Branch of AICEIA at Goa Commissionerate.  During the meeting, it was come to our notice that the Inspectors of Goa are suffering due to insensitivity of the administration.  There is no AGT for many years, frequent Transfer & Positing round the year; no training for many years; no confirmation of services; Inspectors posted there, are in great confusion even regarding the Cadre Controlling zone.  Sometimes Board send the dossiers of selected candidate to Mumbai CCA and sometime directly allocate to Goa Commissionerate.  Inspectors of Goa Commissionerate are being treated as isolated.  During the meeting, the Inspectors posted there, felt immediate need of the association and agreed to form a Branch at Goa.  Accordingly, Goa Branch has been registered as the new Branch of AICEIA under Article 17 of the Constitution of the AICEIA.  The following office bearers have been unanimously elected on adhoc basis to serve the members of Goa Commissionerate:-
S. No.
Name of the Officer-Bearer
Post Held
01
Dharmendra Gautam
President
02
Yashvir Singh
Vice President
03
Vinay Babu
General Secretary
04
Munish Chandra
Asstt. General secretary
05
Amit Kumar
Joint Secretary
06
Mani Bhushan
Treasurer

We congratulate the office bearers of AICEIA, Goa Branch.

Yours fraternally,
            Sd/-                                                                       
Abhishek Kamal
Secretary General

Participation of AICEIA in the "March to Parliament"

Posted by Secretary General on 10:35 PM with No comments
AICEIA participated in the "March to Parliament" organized by the Confederation Of Central Govt. Employees And Workers  on 28.04.2015 at New Delhi.

Com. Anupam Neeraj, President led the delegation of AICEIA comprising of Com. Devendra Kumar, Liaison Secretary, Com. Devesh Shankar Srivastava (Member, Legal Committee of AICEIA) and many Office Bearers & Members of various Circles/Branches/Units of AICEIA.

This zeal and unity must prevail in order to get our demand fulfilled.

Yours fraternally,
            Sd/-                                                                       
Abhishek Kamal
Secretary General