C entral E xcise S uperintendents A ssociation , M umbai

Unit of AIACEGEO
( Recognized under F. No. B-12017/10/206-Ad-IV A dtd. 21-01-2008 ).
V. Lobo, President Secretary

A.K. S a s m a l - General

___________________________________________________________________________________________ Mumbai I, II, III, V, Thane I, II, Belapur, Raigad, Customs Prev,, Service Tax I & II Commte & L.T.U. Mumbai.

CIRCULAR NO.1/2012
Dear Members,
We were eagerly waiting for good news regarding. Cadre Restructuring, Re-organisation of the Commissionerates and filling of vacant posts of Assistant Commissioners from the Board. However, it is being delayed. Hence after a long pause, we are updating the happenings so far. DELAY IN CADRE RESTRUCTURING AND AGITATIONAL PROGRAMME : As you are aware, the process of Cadre Restructuring is already delayed on one or the other pretext. To express our resentments, All India Associations has chalked out Agitational Programme. Boycotting of Excise Day Celebrations was one. All other Associations i.e. Inspectors, Ministerial, Group D, have jointly formed a Joint Action Committee (JAC) and they have also declared their Agitational Programme. The JAC declared boycotting of Excise Day. I was out of station. Before leaving Mumbai, I sent a mail to the Secretary General, requesting him to boycott the Excise Day function, along with JAC, instead of putting black badges. The Secretary General revived the schedule and issued Notice on 15.02.2012 for boycotting Excise Day. After joining office on 22.02.2012, and as the time was too short, we have sent messages of Agitational Programme through posters in all our offices. All the Office bearers geared up the members and created an awareness to boycott the Excise Day and put black badges. A copy of notice of agitation was given to both the Chief Commissioners, Mumbai. The Mumbai Administrations tried their best to convince us not to boycott the programme. But as per the call of the AIACEGEO, we stuck up to the Agitational Programme. In the evening of 23.02.2012 at around 5 p.m., Secretary General of AIACEGEO deferred the boycott programme. With pains and regret we informed our members in all the offices that the Superintendents Association is not boycotting and will participate in the Excise Day. As there was no Press Note released by AIACEGEO, highlighting our Agitational Programme, therefore, we prepared a memorandum and submitted to Finance Minister, MOS(DOPT), Revenue Secretary, Chairman, Chief Commissioners, Mumbai, and it was about to release to the local press but due to sudden change of our plans it was put on hold (copy enclosed).

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Address for correspondence
Shiv-Gaurav, Flat No. 10, Plot No. 16, Shiv Ganga Nagar, Ambernath (E) 421 501. e-mail : sasmal1@indiatimes.com. Tel. : (0251) 2603806; Cell : 09820950885

 2 ON 23rd FEBRUARY, 2012: After the discussion, the OSD to Member(P&V) conveyed, vide his letter dated 23.02.2012, to our Secretary General that our demands are being looked into sympathetically and we will be invited for further discussion in the 2nd week of March. He, therefore, requested him to call off proposed Agitation. The Cadre restructuring is delayed because the Group A Cadre is creating another layer I,e, the post of principal Chief Commissioner in the line of C.B.D.T. But the Honble Minister of Expenditure and D.O.P.T. are not acceding to their proposal. But the elite cadre is trying their best to clear the proposal as such: Due to the above development the restructuring is being delayed and all the stagnated cadres i.e. Group B, C & D are deprived of justice and benefit of the restructuring. SENIORITY LIST : The seniority list of the Superintendents at All India level from 1997 to 2002 is issued. However, we have not received any communication on the issues pointed out by us about rectification of omissions crept in the seniority list and as a result of which Mumbai officers were placed much below than the actual seniority as brought to our notice. It is also observed that many officers in earlier seniority list who are quite junior in department but are placed much ahead like Inspectors joined in 1989 or so are placed much ahead of their counterpart at other places. Officers who joined the department in 1982 are below them. It is, therefore, requested to kindly examine and check the correctness by referring both the seniority lists already placed on departments website. . The same is available in Web Site DGHRD and at Hqrs. Office of the Commissionerate also. The seniority list of the West Zone also issued. The same may also be perused and irregularity, if any, observed may be pointed out. Members are requested to give their views and suggestions for rectification. The affected officers should not hesitate to approach Honble CAT for justice and we assure that we will provide all the data for filling the Application. CHANGE OF SENIORITY : The Administration of Mumbai-I hold review DPC as per the O.M. dated 10.08.2010 and issued E.Os. No.4/2012, 5/2012, 6/2012, 7/2012, 8/2012, 9/2012 and 10/2012 all dated 10.01.2012. The OM had been challenged in various courts and courts set aside the same to the extent that benefit can not be extended to the promotions as in case of recruitment. In Mumbai Zone, the seniority of around 334+ Superintendents has been amended on the basis of said O.M. As the restructuring is at final mode, the change of seniority disturbed vide above orders will definitely have an impact in the ensuing promotions. Hence it is suggested that the affected officers kindly take a note of the above changes which will adversely affect their promotion. MACP CASE: An application has been filed in Honble Chennai CAT against the anomaly of MACP scheme as laid in para 8.1. The application has been admitted and the hearing is fixed on 13.05.2012. The anomaly of change of higher grade pay is contested at Chennai CAT. We hope that the senior Superintendents those who have completed more than 20-30 years of service will be benefited after the outcome of the case.

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 3 PARITY IN THE GRADE PAY : The Honble CAT Bombay Bench, vide their OA No.CAT/MUM/JUDL/OA-86/08/785 dated 23.01.2012, passed the following order: There is no reason to deny the benefit of revised pay scale on notional basis from 1.1.1996. In view of the above, the OA succeeds, it is declared that the decision to give prospective effect to the revised pay scale to the Income Tax Officers in the grade of Rs.7450 12000 is arbitrary and illegal. The applicants are entitled to have their pay scale fixed with effect from 1.1.1996 on notional basis, as has been given to various others in the Railway Accounts and those in the Organized Accounts cadre. The applicants (members of the applicant No.1 Association) are entitled to arrears of pay and allowances arising there-from. Respondents are directed to pass suitable orders in this regard and also make available arrears of pay and allowances to all the affected officers. As this is a time consuming process, a period of eight months would be appropriate for implementation in toto of this order. In the instant case, notional pay has been given from 1.1.1996. The Income Tax Federation of Mumbai deserves all appreciation for fighting and succeeding the case of comparable pay scale service w.e.f. 01.01.1996. The result is that the pay scale of I.T.O. and Superintendents / Appraisers are one and the same. Definitely in accordance with the ruling our pay scale will also be enhanced. SUPREME COURT CASE : The Honble Supreme Court, vide their order dated 03.08.2011, directed that all the 3 Associations shall represent to the Government (CBEC) and based on these/earlier representation and changes in cadre strengths over the year/s, the Government shall revise/amend the Recruitment Rules including changes of ratio in matters of promotion to Group A. All the ad hoc promotions shall be regularized on the basis of decision taken by the Government in change of Recruitment Rules as per this order. Meanwhile, Pune and Kanpur Units filed a Misc. Applications on 28.11.2011, seeking Supreme Courts directions to the CBEC for implementing the 3rd August order in letter and spirit. Enclosing the details of the representations/suggestions for changing of Recruitment Rules. Board filed the clarificatory application on 09.01.2012. The Board has filed clarificatory application citing the ratio 13:2:1 and with prospective effect. Board is silent on the directions of the Honble Supreme Court about the revisions/amendment of Recruitment Rules with retrospective effect i.e. year 1997 (from the date of adhocism started). Further, the clarificatory application is still not admitted as the Supreme Court Registry has raised certain objections. Still, the Board has not complied the same. To favour the counterpart, the Board is deliberately adopting dilatory tactics and not changing/amending Recruitment Rules. The present ratio of 13:2:1 is wrong. It should be 17:2:1 because our strength is 85.12% in the feeder cadre.

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 4 The Board is also in the pretext of Honble Supreme Court and not keen to get a date from UPSC for holding the regular DPC from Superintendent to Group A and not even finalizing the seniority list. Hence, several posts of Assistant Commissioners are lying vacant and our Superintendents, though they are on the top of the seniority list, are retiring for no fault of theirs with utmost frustration. Our All India Body should pursue with the Board to fill up the vacant posts of Assistant Commissioners in the revised ratio i.e. 17:2:1 and change/amending of faulty Recruitment Rules and should demand revising DR:PR ratio from 50:50 to 20:80 and even freezing Direct Recruitment for 3 years to remove the stagnation in our cadre. CONDOLENCE : During the intervening period some of our esteemed members left to heavenly abode. On their sudden demise Association and its members express heartfelt condolence and pray to Almighty, let their soul rest in peace and give strength to the bereaved families of S/Shri J.D. Kudgar (Service Tax-I), P.P. Joshi (Mumbai-III) and P.M. Mohite (Belapur). CONCLUSION: Friends, lastly I thank each one of you for showing solidarity when it is utmost desired and preparedness to hold any agitation call smoothly effectively as and when eventuality arises. I hope that when the final show down will be there on this count we the Superintendents and also rest other junior officers will never be lagging behind and will lead the agitation from the forefront. Dear friends your active participation in the Association activities will keep us alert and strong. Enjoy the festival of colours with your family. Happy Holi to all of you and to your family. Encl : As above. Yours sincerely,

Mumbai, 05/03/2012

A.K. Sasmal General Secretary

The Association heartily congratulates

1. Shri Mahesh Sharad Bhalerao, Intelligence Officer, D.R.I., Mumbai 2. Shri. Subhash Prasad Singh, Inspector, Service Tax I, Mumbai. 3. Shri Mahesh Krishna Parnerkar, Intelligence Officer, D.G.C.E.I, Mumbai.

On being awarded the Presidential Award for the year 2011-2012.

We wish them all the best

and hope the excellent services of many more officers of Mumbai will be recognized.

 1 Ref : CESA/58/2012 Date: 22.02.2012 To Shri Pranab Mukherjee, Honble Minister of Finance, Government of India, New Delhi Sub: CENTRAL EXCISE OFFICERS AN EXPLOITED, DISCRIMNATED LOT Coerced to Boycott Central Excise Day function. Respected Sir, On the eve of the Central Excise Day, as a ritual, messages highlighting the achievements and glory of the department are given in the press. The vision of the Ministry and various proposals are normally covered in these press notes and the messages delivered on this important day. Sir, with heavy heart we are forced to boycott our own Central Excise Day which we had brought into existence. It is because of a lot of persuasion by the then Inspectors Association of Mumbai III, and the then All India Inspectors Association, that the Central Excise Day came to be and celebrated from year 1994 by the Mumbai Staff along with their family members. But today all officers of Superintendent and Inspector cadres note with profound sadness that the Board has miserably failed to fulfill the genuine aspirations of the entire Central Excise Group B & C officers and failed to resolve the following crucial issues: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10] [11] Non-adherence of Honble Supreme Courts directions; Changing of ratio as per strength of the cadre for promotion; Removal of the stagnation; Filling of vacant posts of Assistant Commissioners; Framing of Recruitment Rules; Removal of pay anomalies; Merger of the cadre; Separation of Board of Customs and Central Excise; Parity within the CBEC in the feeder cadre; Better infrastructure; Proper hygienic working condition;

The Department /Board had never made any efforts to wipe out the tears of wailing baby of Excise. There is not a single occasion when they had even thought about these officers either while providing infrastructure or even in the CADRE RESTRUCTURING, in 2002 or even in the current one. Due to constant discrimination and step motherly treatment towards Central Excise, lot of resentment is brewing up in the feeder cadre of Superintendents and Inspectors. In fact, the situation has now gone from bad to worse, over the period. In both the Zones of Mumbai Central Excise comprising of nine Central Excise Commissionerates, most of the Divisions do not have regular Assistant Commissioners and many posts of the Assistant Commissioners are lying vacant even in the Headquarters of Commissionerates, like Audit, Preventive etc. The Board, till date, has not been able to co-ordinate with the UPSC to conduct even regular DPC to fill up the vacant posts of ACs, which are lying vacant for years together. Thus, our Superintendents are retiring without any promotion although vacancies are there and they are eligible and senior in the seniority lists. The work load is too much on the existing officers due to non filling of vacant posts. Further, stress and unhygienic working conditions have caused major health problems as well as casualty.

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 2 Our CBEC Members compares their career prospects with their CBDT counterparts and also with other Central Services, but within the department, the ground staff i.e. the Inspectors/Superintendents are constantly discriminated towards their career prospects, in spite of having unblemished track records, are languishing in the same cadre for more than 20 years and retiring with merely a single promotion. For example, officers who were recruited in the year 1975 as Inspectors are retiring every month with a single promotion in a career spanning over 37 years while officers of Group A are enjoying a minimum six promotions. This shows that even after two cadre restructurings, the interests of the lower officers are not taken care of, effectively meaning the cadre restructuring is exclusively for Group A only. Infrastructure situation in Mumbai: After the last restructuring, which had taken place in the year 2002, not a single new office premises has been built or purchased in spite of requirements and still several offices are functioning on ad-hoc as and where basis. The Service Tax formation started functioning in the year 1994 from Mumbai, in a garage. Due to stiff objections by BMC, it was shifted to the 6 th floor of the same premises. The collection of Service Tax from Mumbai has increased manifold but the position of officers posted in Service Tax is still pitiable, forced to work from gowdown. We would not hesitate to say that, in spite of paying the highest service tax in India, incurring recurring expenditure of crores on old rented buildings, staff and even the service tax payers of Mumbai have also been discriminated as and when they enter the service tax office for any work, we fail to offer them a chair. You may depute anyone to visit to ascertain as to how both the Service Tax Commissionerates in Mumbai are functioning on ad hoc arrangement, for over a decade. The ST Commissionerates do not have even its own sign boards or notice boards, and the staffs are placed in haphazard manner, craving for basic amenities. Factual scenario in Mumbai Customs (Preventive): The position of Mumbai Customs (Preventive) where staff is drafted from Central Excise is another story of pretense. When some untoward incidence occurs everybody is alert and the situation becomes hot; and thereafter as usual there are no serious efforts to make the organization an effective deterrent. The manner and modality of patrolling in sea and shore (costal road) and its overall effectiveness / functioning due to inadequate infrastructure speaks volume as to how much careless we have become even in the matters of national security since smuggling is not for the same of money or for profit but is aimed at destabilizing the country. To revamp the organization a comprehensive review of its functioning and follow up is badly required before another subversive activity takes place. Sir, But the question is how long does one wait? Central Excise, as per the Act, has completed 68 years. But for so long it has been a continuous story of Excise officers managing without basic office facility, without career prospects, without hope. The revenue officer has now been reduced to merely a venue officer to do only protocol work. Just to refresh the memory, all of us have read the story written by Munshi Prem Chand titled NAMAK KA DAROGA. It is a story of an Inspector of Central Excise appointed to collect the tax on salt, during the British Rule. But the poor Inspectors and Superintendents in Central Excise are as it is the NAMAK KA DAROGA character of Munshi Prem Chand Story, performing their duties under Central Excise, Service Tax and Customs, instrumental in getting the exchequer its due share from all by excelling in every field. But today realizing their neglect and despair they have no joy or enthusiasm to celebrate on Central Excise Day.

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 3 When a family celebrates an important anniversary it brings joy and feeling of togetherness and belongingness but if in a family in celebration, any member boycotts such celebration then such celebration will become meaningless. It is time to introspect that the Central Excise staff constituting 85% of the total strength of CBEC establishment are neglected constantly and are at receiving end. Still we have not shown our displeasure because we are sincere, loyal and trustworthy, as compared to our counterparts. All the items of work, whether it is survey, registration, scrutiny, recovery, collection of intelligence, investigation, drafting of SCNs and even preparing the adjudication orders, review orders, appeals, attending CESTAT and Courts and briefing the counsels carried out by us dedicatedly. It is we who collects tax, recover arrears and achieve revenue targets but the benefit is always taken by Group A officers. When there is no light in the end of the tunnel, and no ray of hope, the entire fraternity of the Central Excise has been forced to boycott the Central Excise Day celebrations. The discipline, respect, faith, and sense of belongingness were the ingredient of Excise Day circular issued by the Board in 1994, are vanished in thin air. Today there is nothing except exploitation and discrimination. Can any Group A officer remain mute spectator and join in the Central Excise Day celebrations had they also been forced to retire with a single promotion in a career of over 36 years? With a heavy heart, the All India Body of all cadres have been left with no option but to give a call to boycott the Central Excise Day celebrations as the Board has miserably failed to resolve the genuine issues despite of your assurances to the delegates on various occasions. We have high hopes on you and trust that you will understand the pain of 85% of the work force, which forms the back bone of the Department, and infuse some sense of morality and fairness in the CBEC administration, to resolve the issues before the workforce at grass root level become restive and the situation goes out of control. Thanking you,

Y our s s inc e r e ly , Sd/. A.K. SASMAL General Secretary Copy to: 1. Shri V. Narayanasamy, Honble Minister of State for Personnel, Public Grievances and Pensions, New Delhi. 2. The Revenue Secretary, Ministry of Finance, North Block, New Delhi. 3. Shri S.K. Goel, Chairman, CBEC, North Block, New Delhi. 4. The Chief Commissioner, Central Excise, Zone-I/II, Mumbai. 5. The Chief Commissioner, Customs Zone III, Mumbai. 6. Press/Media.

Ref : CESA/45/2011 Date : 20.10.2011 To Ms. Praveen Mahajan, Honble Member(P&V), CBEC, North Block, NEW DELHI, Sub: - Request for kind intervention on various pressing Issues of Mumbai Zone - reg. Sir, We welcome your Honour to Mumbai on your first visit being Member(P&V) of Central Board of Excise and Customs. This Association is thankful to your good self for sparing time for us in spite of your busy schedule. Without taking much of your time, we request you to kindly intervene in the following issues : 1. SENIOIRTY LIST : Superintendents of Mumbai Zone are placed at the bottom in the seniority list prepared upto 1997. Further, in the upgradation of 1996, the date of promotion orders all over India was issued on same date i.e. 30.09.1996, whereas in case of Superintendents of Mumbai, the date of promotion was shown as 01.10.1996 thus they are placed below in All India Seniority list. The issue was raised before you in the last meeting and with others also several times but it is yet to be resolved. In the light of ensuing restructuring the same needs to be rectified.

2. ICD : The matter was brought to the notice of the Board vide our several communications. Through out the country the ICDs are manned and administered by the Central Excise Commissionerates. However, in Mumbai, despite the matter been referred by the then Chief Commissioner Shri P.C. Jha, Customs, Mumbai, showing the administrative reasons and proper control, the ICDs be given to the jurisdictional Central Excise Commissionerate, but no progress has been made, so far. Administrative control over ICDs and PBWs at Panvel in the jurisdiction of Raigad Commissionerate be handed over to Central Excise, Raigad Commissionerate. 3. INFRASTRUCTURE : The office accommodation is badly neglected and there is dire need of improvement in this area. Further, in the forthcoming restructuring many new formations may come into existence. But the administration is not at all geared for facing these requirements. We also seek your intervention on the following issues and personal interest to resolve them expeditiously : a) b) c) c) d) e) f) g) Acquiring of new premises for Service Tax Commissionerates and its Divisions as all its offices are functioning as and where basis. Acquiring of new premises for Thane-I and Thane-II Hqrs. and Division Offices of Mumbai II Commissionerate and Mumbai V Commissioneate. Acquiring of new premises in the jurisdiction of the proposed Commissionerates forth coming restructuring. Acquiring of new premises for Customs Preventive formation as present Everest House is lacking adequate space. Acquiring of new premises for Port offices of Alibag and Bassien Divisions of Customs Preventive formation. Sanction of funds for maintenance and repairs of departmental quarters (60 flats) at Oshiwara an amount of around Rs.50 lacs. Maintenance of Wagle Estate Building amount of Rs.37,51,875/- is pending at HRD for sanction. Maintenance and repairs of Departmental quarters at New Panvel and Kalamboli in the Raigad Commissionerate.

4. STAGNATION : Post lying vacant of Assistant Commissioners be filled up in consultation with the UPSC as every month Superintendents are retiring on frustration by not getting promotions of Assistant Commissioners. Mechanism may be created to bring parity in the feeder cadre so that equity and justice will be prevailed in the stagnated cadre of the Superintendent Cadre in the forthcoming restructuring. We are once again thankful to your good self for giving us an audience and express our fullest co-operation for resolving the aforesaid issues. Thanking you, Yours sincerely,

A.K. SASMAL General Secretary

The Association heartily congratulates

1. Shri Mahesh Sharad Bhalerao, Intelligence Officer, D.R.I., Mumbai 2. Shri. Subhash Prasad Singh, Inspector, Service Tax I, Mumbai. 3. Shri Mahesh Krishna Parnerkar, Intelligence Officer, D.G.C.E.I, Mumbai.

On being awarded the Presidential Award for the year 2011-2012.

We wish them all the best

and hope the excellent services of many more officers of Mumbai will be recognized.