This blog is maintained for the benefit of the entire fraternity of Central Excise, Customs and Service Tax Officer's

Saturday, 29 March 2014

Recent Developments - Cadre at Crossroads

Dear Comrades,

I am writing to you under very difficult circumstances. Our President Com. A Satish and myself were in Delhi yesterday , and along with our Organising Secretary Com Devender Kumar , we had a long discussion with the DG HRD, CBEC . Other senior officials (ADG- HRM and  Addnl Director HRM looking after key issues of implementation of CR) were also present.

Yesterday we also went to North Block twice, but could not meet the Chairperson CBEC. We were told that she is  pre-occupied on account of fiscal ending  work, and had some other meetings scheduled for the day.  OSD to Chairman told us,  “You had just met the Chairperson last week, and also the week before that . Why is it that your Association is having to meet her so frequently?” When we denied that, it was informed that delegations of different regional units of Inspectors’ Associations were coming and meeting her, and that it has become very difficult for them to differentiate between different delegations, and all issues are getting mixed up. I need not emphasise once again the tremendous amount of damage such activities by some of our own regional formations are doing to our common cause.
However, we have explained all issues in detail to the OSD to the Chairperson, and submitted copies of all recent correspondence to him. He has  assured that it will be duly communicated to the Chairperson.

The news is that :

1.      1. All India Seniority for Inspectors is not being introduced. This matter is still stuck  exactly where it was many months ago, and now  it is being said that even if it is brought in, it will only be prospectively- meaning it will only be for Inspectors joining the Deptt. in 2014 or later . Board/DGHRD continue to insist that there is no requirement binding them to place in an All India Seniority List even Inspectors who were recruited on the basis of an examination with an All India Merit List. What they  say is  that the SSC results (All India Merit Lists)  are limited  only to  Recruitment, and not Seniority. Despite our best efforts, we ahve not been able to convince them otherwise.

2.  2. The Residency period (minimum qualifying length of service) for promotions from Inspector to  Superintendent is being reduced from the present 8 years to 2 years for filling up vacancies arising on account of the CR exercise. This effectively means that after 2 or 3 months, in some Zones officers who became Inspectors  in 2012 will be Superintendents, whereas in many  others officers with as many as 6/8/10/12/16 years’ service will continue to rot as Inspectors for God alone knows how many more years. The implications of this as regards further promotion prospects, I need not elaborate.  We have lodged our strongest protest on this issue, but the Board looks set to overlook our protests and go ahead with its plans.
3.      By projections made by DGHRD, promotions in different C.Ex Cadre Control  Zones  would reach  1996, 2001, 2002. 2003/4/5/6.....10/2012 batches . Thus disparities, consequent to implementation of CR, could possibly widen among the different Zones instead of being eliminated  or brought to a minimum, which has been our primary demand for quite some time now. It also needs to be mentioned here that even this much progress, especially in the acutely stagnated Zones has been made possible by the DGHRD tentatively allocating more posts than normatively indicated as per functional requirements. Some more improvement in these projections is being worked out by the DGHRD. The fact of  the matter, however,  is that UNLESS ALL INDIA SENIORITY IS BROUGHT IN  AS PART OF THE CR ITSELF, THERE WOULD BE NO RESPITE FROM THIS NAGGING ISSUE OF REGIONAL DISPARITIES.

4.    3. The file for issue of Notification of jurisdiction  of new formations consequent to CR is presently with the Revenue Secretary, from whom it has to go to the Minister of State (Revenue), and then the Finance Minister for approval.
5.  Immediately thereafter Notification of jurisdictions, and Order by which allocation of posts to various formations is to be made can be issued, since they have been kept in readiness.

What next for us? That has to be decided by us immediately.

I feel that without losing even a moment, we should approach a High Court or an appropriate bench of CAT and seek issue of directions  to the Govt. of India and CBEC that:

1.    1.CR in CBEC should be implemented only  in such manner that disparities in promotions (Inspector to Supdt) that obtain among different Cadre Control Zones should be brought to a minimum, if not eliminated altogether;

2.      2.No promotions of any Inspector who joined as Inspector of Central Excise through  an exam conducted by SSC  drawing an All India Merit List should be effected unless an All India Seniority List too is drawn for them, following the spirit of the judgment delivered by the Hon’ble Supreme Court of India in the   Radhe Shyam Singh Vs UoI and Others case;

3.      3. Recruitment Rules of different cadres in CBEC should be revised only after consulting / inviting opinions of the Recognised  Staff Associations representing the  cadres that stand to be affected  (most) by such amendments, and duly considering their views too.


A few young Inspectors of East Zone have already taken the lead in this matter, and I propose that we should join them, and AICEIA can be a party to the case if legal opinion supports such an action, and from our Legal Fund, we can support them to the extent possible. Rajasthan (Jaipur) branch of the AICEIA too has sought legal opinion on the matter, and is preparing to go to court on this issue if needed.

Apart from this, I also feel that it is of utmost importance at this juncture  that we embark on the path of strident and effective agitation at the earliest.

I offer to be the first to go on an indefinite hunger strike before the Office of the Chief Commissioner Nagpur Zone starting the first week of April 2014.

To make it effective we must have hunger strikes at least before each CC’s office and  also before each Commissioner’s offices in cities where there are and no CCs’ offices.

If comrades are not able to go on indefinite hunger strike, we can have relay hunger strike, with say 3 or 5 comrades fasting for 24 hours, followed by next similar batch.

If even this fails to bring the desired response, then we must resort to STRIKE ACTION.

Please positively convey your opinion ( by  email at the  id ajitkgbhilai@gmail.com ) on the same, after duly consulting your members , latest by 30.03.2014 so that appropriate further course of action can be decided immediately thereafter. Each Branch/ Circle Secretary ( President, or any other senior office bearer in the event of unavailability of Secretary/ President )  is required to communicate opinion of their Branch/ Circle/ Unit . Every  All India office bearer too is requested to send  his considered individual opinions by mail at the earliest.

I exhort the younger and later entrants in the cadre of Inspectors  to realise the lot that awaits them if  they do not awake, arise and stand up together for their legitimate rights today. If this opportunity is lost, thousands of young Inspectors en-masse from Zones at a disadvantage will again find themselves in the unfortunate position of the present very senior Inspectors of acutely stagnated Zones like Shillong, Jaipur, Bhopal and Mumbai, facing the ignominy of having to work as subordinates  of  officers junior to them by decades but fortunate to have  been posted to Zones with  far less stagnation like Delhi and Bhubaneshwar.

Placed  hereunder are scanned copies of important communications  sent to Board in the past few weeks.

Yours fraternally,

Ajit Kumar K G

Secretary General 

Friday, 28 March 2014

Payment of Dearness Allowance to Central Government employees – Finance Ministry Order


Payment of Dearness Allowance to Central Government employees – Finance Ministry Order

No.1/1/2014-F-II (B)
Government of India
Ministry of Finance
Department of Expenditure
North Block, New Delhi
Dated: 27th March. 2014
OFFICE MEMORANDUM
Subject: Payment of Dearness Allowance to Central Government employees – Revised Rates effective from 1.1.2014.
The undersigned is directed to refer to this Ministry’s Office Memorandum No.I-8/2013-E-II (B) dated 25th September, 2013 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 90% to 100% with effect from January, 2014.
2. The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No.1(3)/2008-E-11(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.
3. The additional installment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.
4. The payment of arrears of Dearness Allowance shall not he made before the date of disbursement of salary of March. 2014.
5. These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees, separate orders will he issued by the Ministry of Defence and Ministry of Railways, respectively.
6. In so far as the employees working in the Indian Audit and Accounts Department are concerned, these orders are issued with the concurrence of the Comptroller and Auditor General of India.
sd/-
(A.Bhattacharya)
Under Secretary to the Government of India

Source: www.finmin.nic.in

Tuesday, 11 March 2014

Govt. clarifies that cashless facility under CGHS to continue.

Dismissing reports that some private hospitals refuse to accept CGHS cards for cashless transactions because of non-reimbursement of dues by the government, the Ministry of Health and family Welfare said on Monday that it would ensure that the CGHS-empanelled hospitals continued to extend cashless and credit facilities to the beneficiaries.

 The clarification came after some private hospitals, under the banner of the Association of Healthcare Providers withdrew cashless services to the CGHS beneficiaries from March 7 alleging long delays in payments. The delay in payments in the last year, due to budgetary constraints, is not a new phenomenon, and the hospitals are aware of it. The Ministry has taken special steps, and the pendency is likely to be cleared within a week, the statement said.
 The CGHS has already invited bids for revision of package rates through a transparent tender process, the Ministry said. Measures are already taken to resolve payment related issues in the ensuing empanelment process. 

Source- The Hindu.

Private CGHS recognised Hospitals stop cashless treatments for central government employees.

Private CGHS recognised Hospitals stop cashless treatments for central government employees

Notwithstanding government’s assurance to hospitals that dues under the CGHS will be cleared in a week, the health-care service providers on Saturday decided to go ahead with the discontinuation of the cashless services.

The hospitals are demanding immediate clearance of pending outstanding of over Rs. 200 crore towards them under the Central Government Health Scheme.The government had on Friday said the pending amount is likely to be cleared “within a week” and had also announced a revision of payments as demanded by private hospitals association.
“Large and long pending payments which far exceeded the agreed upon time frame… It takes weeks and months for hospitals to receive the money,” the Association of Healthcare Providers (India) said in a statement on Saturday. Under the circumstances, it has become un-tenable for hospitals to continue giving cashless services as they are not getting paid for the services for months.
“CGHS own dashboard showed Rs. 202 crore as outstanding to hospitals as on January 31, 2014,” it said. Very little amount out of this has actually been received till now, whereas more bills have been raised and submitted by the hospitals, the statement said.
Hospitals are being threatened that they should continue with cashless services. “CGHS is very conveniently avoiding the fact that Memorandum of Understanding (signed between them) clearly provides with obligation on part of CGHS to pay the dues within 10 days,” the association said.
Hospitals very humbly want to know that with what legal and moral right, CGHS can ask hospitals about violating the terms and conditions, when CGHS itself has violated so openly the terms and conditions of the MoU. How can CGHS demand hospitals to continue cashless services when some of the hospitals in NCR have pending amount? they asked.
Hospitals, through their association, have been holding meetings with CGHS since March 2013. “There has not been any improvement in the working of CGHS. Only when hospitals have been pushed to wall as explained above, they have been forced to withdraw cashless services,” the statement said.The Union health ministry is working on resolving the crisis.

Source- The Hindu.

GPF AND CPF INTEREST RATES FIXED AT 8.7% FOR THE YEAR 2014-15 – FINANCE MINISTRY ISSUES ORDERS.


Government of India
Ministry of Finance
(Department of Economic Affairs)
New Delhi, the 4th March, 2014
RESOLUTION
It is announced for general information that during the year 2014-2015, accumulations at the credit of subscribers to the General Provident Fund and other similar funds shall carry interest at the rate of 8.7% (Eight point seven per cent) per annum. This rate will be in force during the financial year beginning on 1.4.2014. The funds concerned are:—
1. The General Provident Fund (Central Services).
2. The Contributory Provident Fund (India).
3. The All India Services Provident Fund.
4. The State Railway Provident Fund.
5. The General Provident Fund (Defence Services).
6. The Indian Ordnance Department Provident Fund.
7. The Indian Ordnance Factories Workmen’s Provident Fund.
8. The Indian Naval Dockyard Workmen’s Provident Fund.
9. The Defence Services Officers Provident Fund.
10. The Armed Forces Personnel Provident Fund.
2. Ordered that the Resolution be published in Gazette of India.
sd/-
(Peeyush Kumar)

Director (Budget)

Gain for a Central Government Officer on account of 50% DA Merger.

Gain for a Central Government Officer on account of 50% DA Merger if it all it is there.. the proposal seems to have been shelved for the time being

 Let us consider as if a government servant is working in one of the four metropolitan cities and rendered 10 years’ of service.

 
His Basic Pay is (7600+2400)10,000
Dearness Allowance 100%10,000
HRA 30%3,000
Transport Allowance (1600+1600)3,200
Total26,200
 
 
The salary with same basic pay after 50% DA merger will be as follows
 
Basic Pay (7600+2400)10,000
Dearness Pay5,000
Dearness Allowance (50%)7,500
HRA4,500
Transport Allowance (1600 + 800)2,400
Total29,400
Total Hike in Pay (29400 – 26200)3,200
% of Hike is12%

Saturday, 8 March 2014

Govt. notifies constitution and TOR of 7th CPC.

Ministry Of Finance
(Department of Expenditure)                                                    RESOLUTION
 New Delhi, the 28th February,2014
 No.1/1/2013-E.III(A)— The Government of India have decided to appoint the Seventh CentralPay Commission comprising the following
 1.Chairman – Justice Shri Ashok kumar Mathur
2.Member – Shri Vivek Rae
3.Member – Dr. Rathin Roy
4.Secretary – Smt. Meena Agarwal
 2.The terms of reference of the commission will be as fallows
 a) To examine, review, evolve and recommend changes that are desirable and feasible regarding the principles that should govern the emoluments structure including pay, allowances and other facilities/benefits, in cash or kind, having regard to rationalization and simplification therein as well as the specialized needs of various Departments, agencies and services, in respect of the following categories of employees:-
§  i. Central Government employees-industrial and non-industrial;
§  ii. Personnel belonging to the All India Services;
§  iii. Personnel of the Union Territories;
§  iv. Officers and employees of the Indian Audit and Accounts Department;
§ v. Members of regulatory bodies (excluding the Reserve Bank of India) set up under Acts of Parliament; and
§  vi. Officers and employees of the Supreme Court.
b) To examine, review, evolve and recommend changes that are desirable and feasible regarding principles that should govern the emoluments structure, concessions and facilities/benefits, in cash or kind, as well as retirement benefits of personnel belonging to the Defence Forces, having regard to historical and traditional parities, with due emphasis on aspects unique to these personnel.
c) To work out the framework for an emoluments structure linked with the need to attract the most suitable talent to Government service, promote efficiency, accountability and responsibility in the work culture, and foster excellence in the public governance system to respond to complex challenges of modern administration and rapid political, social, economic and technological changes, with due regard to expectations of stakeholders, and to recommend appropriate training and capacity building through a competency based framework.
d) To examine the existing schemes of payment of bonus, keeping in view, among other things, its bearing upon performance and productivity and make recommendations on the general principles, financial parameters and conditions for an appropriate incentive scheme to reward excellence in productivity, performance and integrity.
e) To review the variety of existing allowances presently available to employees in addition to pay and suggest their rationalization and simplification, with a view to ensuring that the pay structure is so designed as to take these into account.
 f To examine the principles which should govern the structure of pension and other retirement benefits, including revision of pension in the case of employees who have retired prior to the date of effect of these recommendations, keeping in view that retirement benefits of all Central Government employees appointed on and after 01.01.2004 are covered by the New Pension Scheme (NPS).
g) To make recommendations on the above, keeping in view:
§  i. the economic conditions in the country and need for fiscal prudence;
§  ii. the need to ensure that adequate resources are available for developmental expenditures and welfare measures;
§  iii. the likely impact of the recommendations on the finances of the State Governments, which usually adopt the recommendations with some modifications;
§  iv. the prevailing emolument structure and retirement benefits available to employees of Central Public Sector Undertakings; and
§  v. the best global practices and their adaptability and relevance in Indian conditions.
§  h) To recommend the date of effect of its recommendations on all the above.
§   
3.The Commission will devise its own procedure and may appoint such advisor's, Institutional Consultants and Experts, as it necessary for any particular purpose. It may call for such information and take such evidence, as it may consider necessary. Ministries and Departments of Government of India shall furnish such information and documents and other assistance as may be required by the commission. The government of India trusts the State Governments, Service Associations and other concerned will extend to the Commission their fullest cooperation and assistance
 4.The Commission will have Headquarters in Delhi
5.The Commission will make its recommendations within 18 months of the date of its constitution. It may consider, if necessary, sending interim reports on any of the matters as and when the recommendations are finalised.
.RATAN P.WATAL, Secy

Happy Women's Day!


Tuesday, 4 March 2014

Meeting of the CEC of the AICEIA at Mumbai – Focus on Removal of Regional Disparities in Promotions.

The Central Executive Committee of the AICEIA met at Mumbai on the 22nd and 23rd of February 2014 and deliberated on all major issues faced by the cadre presently.

Offices that had fallen vacant in the interim were filled by the CEC unanimously as under :

Organising Secretary       : Devender Kumar, Delhi
Vice President (South)    : Varghese John, Kerala
Joint Secretary(South)     :  M Chokkalingam , Bangalore

On expected lines, the discussions were dominated by implementation of CR in CBEC, Regional Disparities in promotions of Gr B Central Excise executive officers  , All India Seniority for Inspectors, Issues of transfers from one Cadre Control Zone to another, futility of Control Room duties and redundancy of Uniform in the service, Improvement in working conditions, Streamlining deployment of personnel and avoiding duplication of work, bringing in efficiency and objectivity in automation of the department, preparing the Association for transition in the post CR era etc.



 In a great show of unity the CEC unanimously adopted the Resolution to demand from the CBEC immediate removal of all regional disparities in promotions from Inspectors to  Superintendents, and unequivocally authorised the Central Body to take any steps considered necessary to achieve that aim – be it calling for agitation or seeking appropriate legal intervention.  The CEC also adopted with nearly unanimous support a Resolution for demanding All India Seniority for Inspectors as mandated by the Apex Court verdict in the Radhey Shyam Singh case. It also unanimously endorsed the proposals submitted by the AICEIA for revision of Recruitment Rules that affect Inspectors’careers. A motion expressing  thanks to Shri Arun Zachariah and Shri Tirthankar Pyne for their valuable advice in this regard was also adopted by the CEC.  

Copies of two recent important communications addressed to the Chirperson CBEC are placed below:



 All other Resolutions shall also be communicated to the Board shortly.

On 22nd  evening the video recording of the Inaugural Lecture of the AICEIA Annual Lecture Series delivered by Shri R Manimohan at Nagpur on 25th January 2014 was screened for all the delegates. It was watched with rapt attention and applauded by a standing ovation. The CEC welcomed the initiative, expressed its heartfelt gratitude to Shri Manimohan for the invaluable and inspiring address and  his continued support to the organisation  and hoped that it will continue in the years to come.  The Lecture will soon be made available on the internet by the AICEIA.

The contributions of Com Ashish Biswas (Treasurer, GS Raipur and Central India Circle), Com P V Satyanarayana (GS, Guntur)  and Com Chetan Shah (President, Ahmedabad) for  discharging  organizational responsibilities accepted by them were specially commended and appreciated by the CEC.

Minutes of the Shimla CEC meeting  Statement of Accounts and Auditor’s Report for the period upto 31.01.2014 were passed by the CEC.

Regarding the MACP issue for officers promoted as Inspectors, it has been informed by Com. Chetan Shah, who is pursuing the case with the Board and other Deptts too on behalf of the Association, that the matter was referred by CBEC to DopT, who have raised certain queries. Reply to the same has been furnished by the Board and the file it is now again with the DoPT. Association is actively following up the matter. 

 Regarding  a fresh Application to be filed by the Association in the Supreme Court of India praying for early hearing in the Civil Appeal concerning grant of Rs 5400/- GP to Inspectors on completion of 4 years after getting 1st  ACP, it was pointed out that there aren’t sufficient funds available in the Legal Fund of the AICEIA to meet expenses of getting our case defended by a competent Senior Counsel in the Apex Court. It was therefore requested that all Branches/Circles may contribute generously to the Legal Fund to  enable effective pursuing the case to its logical end. 

The Kerala Circle of the AICEIA has  offered to host the next meeting of the CEC, which is due in July 2014. The same was accepted unanimously. Dates and venue shall be announced in due course.


AICEIA congratulates and thanks the AICEIA Team Mumbai, under the able leadership of Com Anil Kumar, President  and Com. Shishir Agnihotri, GS for the excellent arrangements and the warm hospitality extended to all delegates attending the CEC meeting. 


Several Circles and Branches have informed that they shall be conducting elections shortly to put in place new Committees in charge of the respective formations. In this context it is requested to all concerned, especially those comrades who have been running the show so far to inspire and encourage a new line of leadership to take over now so that the generation next is firmly in the saddle by the time promotions of most of the  senior office bearers takes place en-masse very soon. I also exhort my younger brothers and sisters to come forward and shoulder responsibility of this organisation  so that you can , at least to quite a significant extent, be the makers of your own destinies. From being armchair critics on social networking sites, its time now for you young men and women to don the roles of  real activism. The robust platform of this Association is waiting for you to take it to greater heights, and use it most effectively to bring to reality  careers and service conditions for yourselves of which each one of  you can be proud.  The recently concluded CEC meet at Mumbai  does raise hopes on this count - several relatively new entrants into the cadre are not only evincing a keen interest in the organisational matters but also are now holding some important offices and this does augur well for Association in the coming days.

Yours fraternally,

Ajit Kumar K G,
Secretary General.