ALL
Address for correspondence
13C
e-mail : aiacegeo_siddhanta@hotmail.com
(Recognized
by G.O.I., Min. of Fin., vide letter F.No.B.12017/10/2006-Ad.IV A dated
21.01.2008)
PRESIDENT
Sri S.Rameshbabu 9440878827 VICE PRESIDENTS
Sri Anindya Sundar Roy Sri Rathindra Kumar Sarkar Sri G.K.Gangwani Sri Patil P.M. Sri Rajendra Pratap Sri Rabinder Chabra Sri B.C.Barthwal Sri Radheyshyam Sharma Sri Suresh Kumar Sri T.Samuel SECRETARY
GENERAL
Sri S.P.Siddhanta Kolkata. 09831034352 JOINT
SECRETARIES
Sri V.N.Jha Sri Jeetendra Singh Sri R. K. Nigam Sri R. L. Sampath Kumar Sri V.R. Kittur Sri Vimal Kumar Sri Anand Kishore Sri L.N. Mishra Sri J.P. Nautiyal Sri P.C.Ajith Kumar OFFICE
SECRETARY
Sri Asoke Sarkar |
C.No. ASSCN./ AIACEGEO/06/2008/106-153 Dated 04.05.2009 CIRCULAR
NO.03/AIACEGEO/2009
DT.04.05.2009 The 15th General Election for Parliament is in full swing throughout the country. The Association is waiting for any government to come and solve our problem. The historical month of May may be used by our members to prepare them to go for struggle to achieve the goal. It has been established that our Board is not going to do anything to ameliorate our acute stagnation resulting not only social humiliation, hostile discrimination but unthinkable pay erosion. The CBEC not only failed to solve the above problem but also is found to be not active to sort out small matters like clarification regarding eligibility of grade pay of Rs.5400. As has been informed in the earlier circular that the Association has written letter with all related documents in support of giving the said grade pay to all Superintendents who completed four years of service on 1.01.2006 and immediately after the clarification issued by the CBDT supporting our contention came to knowledge, the Association has sent another letter enclosing the same to the Board but till date nothing has come out. The Board also has not come out with any clarification regarding benefit of 2nd ACP to the Superintendents who have been given non functional scale.
There are many evidences in support of the total inaction of our Board. The agitation can only change the indifferent attitude of the Board. So, once again the Association requests members to increase their strength to make the Board act. Organisation The unit General Secretaries ware requested to send DDOs’ certificates so that renewal application can be filed. It is reminded that the Association has been given recognition in the month of January, 2008 for two years and this time it would be renewed for five years and so they should understand the importance of the said certificates. The Regional Office Bearers are requested to pursue the matter vigorously. Again it is requested to pay the arrears immediately. Anomaly Committee The Department of Revenue has set up Anomaly Committee headed by the Additional Secretary (Revenue) as Chairman and both the Joint Secretaries of the CBEC and CBDT as Members under F.No.7/5/2009-Coord dated 6.02.2009. In the AEC Meeting in Kolkata, it was decided that the units would send suggestion to submit memorandum to the Anomaly Committee. Having received no suggestion, a draft has been prepared and produced herein below for perusal and to offer suggestion for the betterment as early as possible. As
you know that VI CPC was
entrusted to examine and recommend to transform the Central Government
Organizations into modern, professional and citizen-friendly entities that
are dedicated to the service of the people. The VI CPC in its recommendation in para 6.1.2 observed that the organization should be of pyramidal type but unfortunately did not give specific recommendation rather in para 6.3.15 concluded that it is not making specific recommendation regarding restructuring of individual services and cadres as this task will be better performed by the Ministries and departments. But as usual, the Board is found to be slow and reluctant to complete the Contd.
to P/2 |
Page-2
ALL
Address for correspondence
13C
e-mail : aiacegeo_siddhanta@hotmail.com
(Recognized
by G.O.I., Min. of Fin., vide letter F.No.B.12017/10/2006-Ad.IV A dated
21.01.2008)
PRESIDENT
Sri S.Rameshbabu 9440878827 VICE PRESIDENTS
Sri Anindya Sundar Roy Sri Rathindra Kumar Sarkar Sri G.K.Gangwani Sri Patil P.M. Sri Rajendra Pratap Sri Rabinder Chabra Sri B.C.Barthwal Sri Radheyshyam Sharma Sri Suresh Kumar Sri T.Samuel SECRETARY
GENERAL
Sri S.P.Siddhanta Kolkata. 09831034352 JOINT
SECRETARIES
Sri V.N.Jha Sri Jeetendra Singh Sri R. K. Nigam Sri R. L. Sampath Kumar Sri V.R. Kittur Sri Vimal Kumar Sri Anand Kishore Sri L.N. Mishra Sri J.P. Nautiyal Sri P.C.Ajith Kumar OFFICE
SECRETARY
Sri Asoke Sarkar |
task for which though the
Anomaly Committee is not entrusted to see the said matter but the inaction on
the part of the Board requires to be brought to the knowledge so that the
said Committee can issue direction to expedite the same in the interest of
revenue and cutting edge executive officers. Draft Memorandum to be submitted to the
Anomaly Committee Replacement scale of Rs.8000-13,500/ to the Group ‘B’ Gazzetted
Executive Officers under the CBE&C. The Government has given
replacement scale of Rs.7500-12,000/ to the Group ‘B’ Gazzetted Executive
Officers under the CBEC. In the memorandum submitted to the VI CPC, the
Association demanded replacement pay scale of Rs.8000/ -Rs.13,500/ at par
with the Deputy Superintendent of C.B.I. and the said demand was being
persistently and continuously pursued since 1995 when the said scale was
granted to them. The VI CPC in para 7.15.17 observed that higher scale of
Rs.8000-13500 has been sought for the posts of Appraiser
/Superintendents/Income Tax Officer / equivalent in CBEC and CBDT. The higher
scale has been demanded on the ground that these posts are comparable with
Deputy Superintendents of Police in CBI who are already in the scale of
Rs.8000-13500. It is observed that the Fifth Central Pay Commission had
specifically noted that no relativity could be established between executive
posts in Income Tax and Customs vis-ŕ-vis those existing in CBI. Although the
recommendation was made with reference to the post of Inspector, the same
cannot but hold true for the next higher posts in the hierarchy of these
organizations. Further, the pay scale of Rs.8000-13500 is the entry pay scale
for Group A posts of Assistant Commissioner/equivalent. The post of Assistant
Commissioner is a promotion post for Superintendents/Appraisers/ITOs, etc. Therefore,
even otherwise, this scale cannot be granted. The logic does not stand
since the promotional scale given in the PB-3 whereas the scale of
Rs.8000-Rs.13,500/ given to the Deputy Superintendent of C.B.I is in PB-2.
Denial of parity with the Deputy Superintendent of C.B.I. on the analogy that
the scale of Rs.8000-Rs.13,500/ is promotional scale for the Superintendent
of Central Excise is illogical since the same logic has not been applied in
case of T.A., S.T.A. and Inspector of Central Excise, who have been placed in
the same Pay Band with same grade pay of Rs.4200/ though the Inspector of
Central Excise is promotional post for the S.T.A, whereas grade pays are
different (Rs.4800/ for Superintendent of Central Excise and Rs.5400/ for the
Deputy Superintendent of C.B.I.). Is it not a double standard to deprive us?
Therefore, the double standard anomaly
have cropped up requiring redress. Moreover, the VI CPC in para 7.15.24 of its report clearly admitted the
traditional parity of the Chief Enforcement Officer with the Superintendent
of Central Excise, Superintendent of Customs(Preventive), Appraisers, Income
Tax Officers & Superintendent of Narcotics and Assistant Enforcement
Officer with the Inspector of Central Excise, Inspector of Income Tax, Inspector(Preventive
Officer/Examiner) and recommended for
the maintenance of the same in future. The Chief Enforcement Officers
were given the pay scale of Rs.7500-Rs.12,000/ w.e.f.1.01.1996 by the
Government pursuant to the recommendation of the V CPC and subsequently revised to Rs.8000/ to Rs.13500/ w.e.f 4.10.2005
vide order issued under F. No.16/26/2004-Ad. 1C dated 4.10.2005. Therefore, as per recommendation of the
Pay Commission for maintenance of parity in future, the above discrimination
requires to be removed immediately with retrospective effect. Retrospective effect of
revision of pay of Rs.7500-Rs.12,000/
w.e.f. 1.01.1996 and Rs.8000-Rs.13,500/ from 4.10.2005. In view of the continuous protest against the anomaly created by the V CPC by granting the scale of Rs.6500-Rs.10,500/, the government granted pay scale of Rs.7500/ - Rs.12,000/ to the Superintendents of Central Excise & Customs, Appraisers of Customs and Income Tax Officers w.e.f 21.04.2004. The Association demanded retrospective effect of the said pay scale from 1.01.1996 at par with the Chief Enforcement Officers who were given the same pay scale w.e.f 1.01.1996.
Contd. to P/3. |
Page-3
ALL
Address for correspondence
13C
e-mail : aiacegeo_siddhanta@hotmail.com
(Recognized
by G.O.I., Min. of Fin., vide letter F.No.B.12017/10/2006-Ad.IV A dated
21.01.2008)
PRESIDENT
Sri S.Rameshbabu 9440878827 VICE PRESIDENTS
Sri Anindya Sundar Roy Sri Rathindra Kumar Sarkar Sri G.K.Gangwani Sri Patil P.M. Sri Rajendra Pratap Sri Rabinder Chabra Sri B.C.Barthwal Sri Radheyshyam Sharma Sri Suresh Kumar Sri T.Samuel SECRETARY
GENERAL
Sri S.P.Siddhanta Kolkata. 09831034352 JOINT
SECRETARIES
Sri V.N.Jha Sri Jeetendra Singh Sri R. K. Nigam Sri R. L. Sampath Kumar Sri V.R. Kittur Sri Vimal Kumar Sri Anand Kishore Sri L.N. Mishra Sri J.P. Nautiyal Sri P.C.Ajith Kumar OFFICE
SECRETARY
Sri Asoke Sarkar |
The
government in case of change of any scale in between the V and VI CPC, gave
the following:- (a).
In case of Superintendent in Narcotics Control Bureau, the scale changed from
Rs.6500-Rs.10,500/ to Rs.7500-Rs.13,500/ w.e.f. 1.01.1996 with all
consequential benefits vide Office Order under F.No.15/2(38)/2004-Esst. Dated
20.04.2005 issued by NCB, Ministry of Fianace & Company Affairs, G.O.I.; (b).
In case CAG, changes of scale including Rs.6500-Rs.10,500/ to
Rs.7500-Rs.13,500/ given effect notionally w.e.f. 1.01.1996 vide O.M. under
F.No.6/82/E.III(B)/91 Dated 28.02.2003 issued by Deptt. Of Expenditure,
Ministry of Finance & Company Affairs, G.O.I.; (c).
In case of Ministry of Labour, the change of scale given effect from
1.01.1996 with arrears from 11.02.2003 vide O.M. No.A-32022/1/2002-Adm.I
dated 26.04.2004; (d).
In cases of the Accounts Employees in Railways, Postal , IA & AD, Civil
Accounts, Ministry of Coal & Mines, etc, the benefit of notional fixation
of revised pay with effect from 01.01.1996 has been given with actual payment
with effect from the date of the issue of order. The government avoided our case and referred the
matter to the VI CPC. The Pay Commission observed in para 7.15.16 of the
report that the Commission, as a general rule, is not considering demands
seeking retrospective application of some or the other order unless a clear
cut and manifest anomaly that cannot be corrected other than through such
retrospective revision is made out. Such is not the case here. The demand,
therefore, cannot be considered. Such observation from a Commission
headed by retired and renowned Judge of Supreme Court is unbelievable and
unacceptable since a layman who knows simple arithmetic can understand that
without retrospective revision, the loss and discrimination cannot be
removed. A superintendent of 1995, got his pay fixed at Rs.6500/ on 1.01.96
whereas others got at Rs.7500/ due to giving effect of retrospective
revision, suffered loss of Rs.1450/ [Rs.1000 + Rs.450/(Incremental difference
of Rs.50 for nine years in the two scales)] with applicable D.A up to
1.01.2006 having substantial bearing in fixation on 1.01.2006. Is it not a
clear cut and manifest anomaly? Can the anomaly be rectified without
retrospective revision? The need
for retrospective revision w.e.f.1.01.1996 is further established from the
observation of the Commission in para 7.15.24 of the report wherein the
traditional parity of the Chief Enforcement Officer with the Superintendent
of Central Excise and Assistant Enforcement Officer with the Inspector of
Central Excise has been admitted and recommended for the maintenance of the
same in future. The Chief Enforcement Officer who are borne in the scale of
Rs.7500-Rs.12,500/ w.e.f.1.01.1996, admittedly being at par traditionally
substantiate the revision in case of Superintendent w.e.f. 1.01.1996. Discrimination in granting of Non Functional Scale The VI CPC recommended removal of
discrimination between the Secretariat and Field level. As a result the
benefit granted earlier to the Section Officer placing them in the scale of
Rs.8000/-Rs.13,500/ after completion of four years of service in the said
grade has also been granted to the Group B officers of Department of Post,
Revenue etc. by the resolution no.1/1/2008-I C dated 29.08.2008 which reads
in para (X) as follows:- “Regarding
Group B Cadres the Commission’s recommendations will be modified in the
following manner:- (a)
After 4 years
of regular service in the entry grade of Rs.4800/-in PB-2, Officers belonging
to Delhi & Nicobar Islands Civil Service and Delhi & Nicobar Islands
Police Service will be granted the non- functional grade of Rs.5400 in PB-3
and not in PB-2; (b)
After 4 years
of regular service in the section officer/ Private secretary/ equivalent
grade of Rs.4800 grade pay in PB-2, officers of Central Secretariat Service
Central Secretariat Stenographers Service and other similarly placed HQ
services will also be granted the non-functional grade of Rs.5400 in PB-3 and
not in PB-2; Contd. to P/4 |
Page-4
ALL
Address for correspondence
13C
e-mail : aiacegeo_siddhanta@hotmail.com
(Recognized
by G.O.I., Min. of Fin., vide letter F.No.B.12017/10/2006-Ad.IV A dated
21.01.2008)
PRESIDENT
Sri S.Rameshbabu 9440878827 VICE PRESIDENTS
Sri Anindya Sundar Roy Sri Rathindra Kumar Sarkar Sri G.K.Gangwani Sri Patil P.M. Sri Rajendra Pratap Sri Rabinder Chabra Sri B.C.Barthwal Sri Radheyshyam Sharma Sri Suresh Kumar Sri T.Samuel SECRETARY
GENERAL
Sri S.P.Siddhanta Kolkata. 09831034352 JOINT
SECRETARIES
Sri V.N.Jha Sri Jeetendra Singh Sri R. K. Nigam Sri R. L. Sampath Kumar Sri V.R. Kittur Sri Vimal Kumar Sri Anand Kishore Sri L.N. Mishra Sri J.P. Nautiyal Sri P.C.Ajith Kumar OFFICE
SECRETARY
Sri Asoke Sarkar |
(c)
In the
IA&AD and all organized accounts cadres, posts of Section Officers and
Assistant Audit/ Accounts officers will be merged and placed in PB-2 with
grade pay of Rs.4800 as recommended by the Commission. In modification of
Sixth CPC’s recommendations, Audit/Accounts Officers (AOs) will be placed in
PB-2 with grade pay of Rs.5400 and Senior AOs will be placed in PB-3 with
grade pay of Rs.5400; (d)
Group “B” Officers of Ministry of Railways
in the pre-revised scale of Rs.8000-13500 will be granted Grade Pay of
Rs.5400 in PB-3 instead of PB-2; (e)
Group
B Officers of Posts, Revenue etc. will be granted Grade Pay of Rs.5400 in
PB-2 on non- functional basis after 4 years of regular service in the grade
pay of Rs. 4800 in PB-2.” To implement the above resolution, the
government has made the Central Civil Services(Revised Pay) Rules, 2008. In
part C, Section II against Ministry of Finance the following provision has
been made-
The above provision has created an
anomaly if compared with the resolution. In the resolution, the Group B
officers after 4 years of regular service in the grade pay of Rs.4800 have
been granted grade pay of Rs.5400 but the provision of the above rule has
prescribed the benefit to the Income Tax Officers/ Superintendent, Appraisers
etc.(Customs & Central Excise). It is evident that the rule is not in
conformity with the resolution and requires amendment. The granting of non
functional scale is to remove the discrimination between the Secretariat and
Field level, but rule making authority chooses otherwise and so the
discrimination is allowed to continue. Moreover, in all cases the grade pay of
Rs.5400 in PB-3 on non functional basis after 4 years of regular service has
been granted but in some cases including our case, it has been given in PB-2.
The granting of grade pay on non functional basis in the Group B cadre, to
an officer who is already functioning as Group B cadre is anomalous and
requires rectification. Long live our association. (S.P.Siddhanta)
Secretary General |
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