Wednesday, November 28, 2012










1.         The Revenue Secretary,
Govt. of India, Ministry of Finance,
Department of Revenue, New Delhi.
2.         The Chairman,
Central Board of Excise & Customs,
North Block, New Delhi,
3.         The Director General (HRD),
Central Board of Excise & Customs,
Ministry of Finance, Deepshikha Building, New Delhi.
4.         The Member (P&V),
Central Board of Excise & Customs,
North Block, Ministry of Finance, New Delhi.
5.         The Chief Commissioner,
Central Excise, Chandigarh Zone, Sector 17C,
                                    (THROUGH PROPER CHANNEL)

The Secretary, Deptt. Of Personnel & Training,
Govt. of India,
New Delhi.
Subject: -        Representation to remove stagnation and regarding injustice being done in the restructuring as per restructuring proposal.
1.             Your kind attention is drawn to the fact that there is acute stagnation in the cadres of Inspectors and Superintendent in Central Excise, and despite many representations by the members of the association as well as by the All India Central Excise Inspectors Association and its Circle/Branch bodies, no positive steps for remedial measure have been taken in this regard. This has resulted in miscarriage of justice and infringed the fundamental rights of the officers belonging to these cadres. Being the Circle body of All India Central Excise Inspectors Association representing its members in Chandigarh Zone ( hereinafter referred to as the Association) , it is once again represented as under : -
2.             That the members of Association, who joined in January,993 as Inspectors are still awaiting their first promotion despite the having completed nearly 20 years . The applicants joined service  on the basis of SSC Examination held in 1991 and interview held in 1992 on the basis of the common selection test conducted by the SSC for the posts of Inspectors of Central Excise, Inspectors of Customs (Preventive officers) and Inspectors (Examiners), Inspectors of Income Tax etc., under the Ministry of Finance, Department of Revenue, Govt. of India and for certain other posts falling under other Ministries.

3.             That the posts of Inspectors of Central Excise and Inspectors of Customs (Preventive Officers and Examiners) under the CBEC have been trifurcated into different categories by the CBEC. The functions of the Central Excise Inspectors/Superintendents are much more than those of Inspectors of Customs (Preventive Officers and examiners) as the latter work only on the customs side, but the former have to work in Central Excise, Service Tax and Customs side.

4.       That the maintenance of separate seniority lists of Inspectors of Central Excise, Examiners of Customs and Preventive Officers of Customs at Zonal Levels and effecting promotions on the basis of these seniority lists itself has led to great disparities in the promotional avenues of these categories of single cadre of Inspector recruited through the same competitive examination in the same organization of CBEC with same nature of job and administrative hierarchy. This has resulted higher seniority to extreme juniors as the Examiners of Customs are reaching the level of Addl. Commissioner or even Commissioner (5/6 promotions) while the most of the Inspectors of Central Excise are retiring as Superintendent (only 1 promotion. This has made an irrecoverable and huge difference in their salary, pension and other retirement benefits despite of performing same nature of duties. This adds to the agony of those Inspectors of Central Excise, who have been waiting their first promotion for more than 20  years in certain Zones against the qualifying service of 8 years fixed under the Recruitment rules while the Examiners of Customs are getting first promotion within 4/5 years and even 3 years in some cases on account of their qualifying service being 3 years for next promotion. Prescribing different qualification services of 8 years, 8 years and 3 years for analogous cadres of Inspectors of Central Excise, Inspectors ( Preventive Officers) and Inspectors of Customs ( Examiners) respectively for promotion to the next hierarchical post of Superintendent of Central Excise, Superintendent of Customs and Appraisers is against the principles of Right of equality ( Article 14, and 16 of Indian Constitution) and against the canons of natural justice and equity and also against the principles of administrative efficiency. Thus, these recruitment rules for these categories have been framed without the application of mind ignoring general norms of DOPT and are arbitrary, irrational, illegal and against the principles of law and justice and are liable to be quashed.

5.       That the direct recruitment to the posts of Appraisers (under CBEC) through UPSC has been discontinued since 2000 and these posts are filled only by way of promotion from the feeder cadres of STA/DOS etc., which is again illegal, unjust and unfair. The Inspectors of
Central Excise have not been included in the feeder cadre for promotion to the grade of Appraisers, though they have better experience in the matter relating to the job of Customs
Examination, which is also done by them in various ICDs / EOUs / SEZs etc. Further, the STAs selected through Staff Selection Commission on All India merit in different zones of the country under CBEC have also not been included in the feeder cadres for promotion to the Grade of Appraisers, which is illegal, unjust, fair and malafide, and against the principles of justice and equity and in direct conflict with the Fundamental Rights of Equality in the matters of Service and promotion of the candidates belonging to these cadres. The post of appraisers should have been abolished and merged with the analogous cadres from 2000 onwards itself, which was not done by the CBEC due to malafide and wrong policies.

6.       That the residency period for promotion to the next post in the hierarchical order of Central Excise Superintendent from Inspector of Central Excise has been fixed as 8 years as against the residency period of 3 years for Inspectors of Customs (Examiners) for next promotion as Superintendent of Customs and Appraisers, which is without any justification, illegal and unknown to the principles of natural justice and divine law.

7.       That due to the faulty and wrong policies followed by the CBEC, there has been acute stagnation in the cadre of Group B Officers ( i.e. Inspectors of Central Excise and Superintendents of Central Excise), as has been admitted by the High Power Committee appointed by the CBEC in its report.

8.       That the HPC committee in its report has inter-alia recommended for creation of separate Group B Service under CBEC by promoting the officers senior to the junior most officer promoted in India. It has suggested that this will remove the inter-regional disparities in promotion of officers working in different Zones.

9.       That in the restructuring exercises conducted during the years 1997-98 and 2001-02, there was least interest shown towards removal of the genuine grievances of the Group B Executive officers especially Inspectors and Superintendents of Central Excise working under the Central Board of Excise & Customs i.e. by granting time bound promotions and by creating suitable numbers of posts in the next promotional grades. In this regard, it is pertinent to reproduce an observation of the Standing Committee on Finance (2005-06) in para 75 of its report, which reads thus “In CBEC, the posts of Chief Commissioner have been increased by 123.80% and at the level of Inspector there has been decrease of 14.32%. Nevertheless, the Committee are led to the conclusion that the restructuring proposal was done in a manner that those to ignore the requirements of the middle and lower level of the functionaries…”. Similarly, the next Reports of the Standing Committee on Finance have also pointed out that the policies regarding the human resource development in the CBEC are skewed against the Group B and
C officers.

10.     That the Inspectors ( Examiners  and Preventive Officers) who joined the Department much later than the applicant have been promoted long ago, resulting in gross miscarriage of justice and adversely effecting the career of the applicant. Hence, the applicant needs to be promoted and brought at par with the Inspectors (Examiners) of the same batch (the applicant is of 1993 batch based on the date of joining) on the basis of base cadre seniority of the tree categories counting the combined length (length of service as Inspector/PO/Examiner as per the seniority position in seniority list of the concerned Commissionerate/Customs House + length of service as Superintendent/Appraiser as per seniority position in the All India seniority list) of service.

11.     That in the present restructuring proposal handed over to the Service Associations under F. No. 8/B/12/HRD(HRM)/2010(Association) dated 11.10.2010, which is 3rd successive restructuring where the IRS officers are the main beneficiaries and again the same attitude of apathy and bias towards the Group B Central Excise Executive officers is being shown. The proposal seeks to bring the IRS officers at par with the other Group A Services of Central Government while totally ignoring the justifiable claim of the Group B Central Excise officers for bringing them at par within their counter-parts working in the same Department i.e. Inspectors of Income Tax, Enforcement Directorate and even working under same Board i.e. Central Board of Excise & Customs viz. the Examiners of Customs.  Even, in the previous cadre restructuring, the IRS officers were given parity with their counter-parts working under the Central Board of Direct Tax, and resultantly, officers promoted to the rank of Joint Commissioner were given the scale of Additional Commissioner within days of their promotion as Joint Commissioner.  On the other hand, as pointed out by the Finance Committee of the Parliament, the lower and middle cadres were made to suffer.  Astonishingly, as per the  current cadre restructuring proposal, while all the eligible IRS officers of the ranks of Joint Commissioner/Deputy Commissioner/Assistant Commissioners as well as Appraisers and Examiners will be promoted, the Superintendents of Central Excise and Inspectors of Central Excise have been proposed to be left out from the bonanza reserved exclusively for certain cadres only.

12.     That the financial implications of the cadre restructuring as proposed are misleading in so far as the expenditure for filling up posts in the cadre of Superintendent of Central Excise and proportional vacancies of Assistant Commissioners are concerned.  The Inspectors of Central Excise and Superintendents of Central Excise, who are waiting promotions, have already got financial benefits under the ACP/MACP Schemes and the projections of expenditure have been mis-stated/unnecessarily clubbed with a mala-fide intent  to extend benefit to those categories wherein there is no stagnation i.e. the Examiners and Appraisers of Customs.

13.     That the CBEC has failed to rectify the anomalies in the promotional matters of the Group B Officer working under it and has failed to implement the recommendations of various committees like Bhardwaj Committee regarding the merger of analogous cadres and HPC and recommendations of DOPM/HRD. The authorities have failed to execute the various proposals regarding the parity in promotions of analogous cadres, merger of analogous cadres, and organization of Group B organized services, which have been recommended and initiated by the various committees/HRD of CBEC. The intent of the authorities in this regard are arbitrary, mala fide and against the law and justice.

14.     That the CBEC/Govt. authorities are apathetic, indifferent, non-serious and non-committal on the matters relating to the removal of stagnation in the Group B Executive cadres is clearly evident from the fact that nothing concrete appears to have been done by the CBEC authorities to implement the in-situ promotion scheme, which in principle approved by the Board itself in its meeting held under the Chairmanship of the then Chairman Shri S. Dutt Majumdar, on 18.02.2011. 

15.     Even if the existing structure is maintained intact for the moment, the CBEC as included the categories of Appraisers and Examiners in the present restructuring proposal despite the fact that the HPC has categorically observed in its report that there is no stagnation in these cadres and hence, these cadres need not be included in the restructuring scheme. It appears that the intention of the authorities in doing so is to favour these particular officers, which is illegal, unjustified, uncalled for, illogical and mala-fide.

16.     That due to the wrong, illegal, illegitimate, mala fide, unjust, unfair and attitude and policies of the CBEC authorities and the failure of the DOPT to get the relevant Recruitment Rules/OMS etc. corrected, the applicants have suffered loss in terms of pay and promotions. In Chandigarh Zone, the members of the Association belonging to General Category and Scheduled Caste categories have suffered a lot as they are yet to get promotion after completion of 19 years of service. On the other hand, the candidates belonging to S.T category have been promoted after 8 years of service. Though the reservation policy cannot be faulted, but due to the acute stagnation of 19 years against the qualifying service of 8 years for promotion, a very wrong, precarious and humiliating situation is staring the applicants, who have to serve under their extreme juniors ( with gap of around 11-12 years of service), which has a very demoralizing effect upon the morale and adversely effects their efficiency and capability to discharge their duties with full zeal.

17.     That due to the wrong policies followed by the CBEC/DOE/DOPT, the applicants have also suffered in terms of pay. As per the MACP, group B officers of Department of Revenue are to be placed in GP of 5400/- after completion of regular four years service in GP of Rs. 4800/-. Now, the candidates belonging to ST category, who are much junior to the candidates belonging to General and SC category, are promoted to the post of Superintendent on completion of 8 years qualifying service and placed in Grade Pay of Rs. 4800/-. Further they are placed in Grade Pay of 5400/- after completion of 4 years of service in Grade Pay of Rs. 4800/-. Thus, the candidates, who are denied timely promotion due to the acute stagnation on account of the wrong, illegal and mala fide policies followed by the CBEC/DOPT, are also denied the Grade Pay of Rs. 5400/- even after completion of 16 years of service ( i.e. after completion of four years of regular service in the Grade Pay of Rs., 4800/- under ACP Scheme) on the ground that they have not been promoted to the post of Superintendent ( Group B ) post having GP of Rs. 4800/-.  The Grade Pay of Rs. 5400/- to such candidates have been denied by the CBEC/Govt of India/DOPT/DOE etc. despite numerous High Court/CAT decisions in favour of similarly placed candidates of Inspectors/Superintendents of Central Excise cadres. On the other hand, the injustice and denial of this Grade Pay of Rs. 5400/- to these candidates have purported to be perpetuated by filing SLP by the CBEC before the Hon’ble Supreme Court. This is against the tenets of Govt. being a model employer, as the employees are being made to litigate on every aspect against their own employer due to the wrong, illegal and mala fide policies of the govt. authorities.

18.     That even the reservation in the matters of promotion has not benefited the ST candidates, who are working in other Cadre Controlling Zones of CBEC. For example, in Rajasthan Zone, the ST candidates of 1993 batch are still awaiting their first promotion and their counter parts in Chandigarh Zone with 8 years qualifying service have been promoted. This is against the principles of Equality, Liberty and Justice enshrined in our Constitution. Even the ST candidates of Chandigarh Zone, or for that any other Zone where they get faster promotion due to their numbers being less than their quota, are likely to suffer as they are to be placed below their seniors in base cadre of Inspectors in the seniority list of  Superintendents according to the “rule of catchment” enunciated by the Hon’ble Supreme Court of India. Thus, even in long term, they are also likely to suffer on account of acute stagnation due to the wrong, flawed, illegal, unfair and unjust policies followed by the CBEC/Govt. of India/DOPT/DOE etc.

19.     That the insensitive, mala fide, indifferent, unjust and unfair attitude of the CBEC and other Govt. authorities is well reflected from the fact that the CBEC has so far failed even to acknowledge the receipt of the representations sent by some individual members of the Association in 2010 and 2011. This has also deepened the belief of the applicants that their career is going to suffer under the CBEC dispensation, which appears to be only worried and alive towards the interests of only select few cadres of Group A and Inspectors ( Examiner) cadres only.

20.     That if the present restructuring exercise is carried out without taking into consideration the base cadre seniority/removal of inter-category and intra-cadre and intra-departmental disparities and creation of Group B organized service as suggested by the HPC, the career prospects of the applicant will be adversely effected and jeopardized and irreparable loss will be caused to the applicant in terms of promotion, pay, allowances, pensionery and other retirement benefits etc., which is not permissible under the law.

21.     The applicant has reasonable and justifiable apprehension that the present Cadre Restructuring proposal will be implemented without taking into consideration the aforesaid facts and circumstances, which will cause irreparable loss to the applicant in terms of pay, allowances, promotion & status, pensioner and other retirement benefits, which is not permissible under the law. Hence, this representation.  

22.     That the above-said omissions and commissions on the part of the CBEC and Govt. of India authorities have resulted in gross miscarriage of justice, the Recruitment Rules of Group B Officers of all the three cadres are liable to be aligned providing equality of qualifying service and promotions, that the fundamental rights of the applicants enshrined under Articles 14, 16 and 20 have been violated and the applicants have been made to work in extreme dehumanizing and demoralizing environment, which admittedly effects the administrative efficiency of the Department.

23.     In view of the above submissions, it is requested that: -

a.                 The cadre restructuring may please be carried out after taking into consideration the base cadre seniority and the applicant may be brought at par with the Inspectors of CBEC viz. the Inspectors(Preventive officers/Examiners) and this shall automatically rectify the anomalies on account of regional disparities also and also remove the pay related anomalies which are subject matter of litigation before the various Courts/CAT etc.
b.                 Before implementation of the current  CR proposal,  All India seniority list of Group B Officers may be  be framed on the basis of date of joining and the applicant may  be placed above the officers who joined as Inspectors of Central Excise and Customs ( Preventive Officers /Examiners) after the applicant, by immediate promotion of the applicant.
c.                  That the scheme of in-situ promotions approved by the Board in its meeting dated 18.02.2011 may please be implemented immediately independently of the Cadre Review.

Yours faithfully,


The Deputy Commissioner ( P&V),
Central Excise & Service Tax Commissionerate,

Sub:   Meeting regarding existing transfer guidelines related to different cadres - reg

Kindly refer to your office letter dated 15.11.12  on the above cited subject, whereby a meeting has been fixed with the Hon’ble Commissioner, Chandigarh-1 regarding the discussions on the transfer policy issues on 20.12.2012. 

In this regard, first of all, the association welcomes this step of the Administration in calling us for the meeting and caring for the cadre welfare.

The following points are proposed to be discussed with the administration in the meeting : -

1.       In ICT, the Inspectors allocated to Chandigarh-I on completion of tenure in J&K, should not be posted in Shimla Division immediately as far as possible, as it leads to hardships for an individual from J&K (hard station) to Shimla (again hard posting).

2.       There are 9 Ranges and one Division is located at Shimla. In the transfer policy in force, tenure at remote located Ranges like Poanta Sahib, Bilaspur, Solan has been fixed for One year. It is requested that 'Shimla' station comprises division office and 'Range Shimla' should also be included in it for One year stay only. Further persons posted directly in Baddi / Parwanoo Ranges should be replaced with the ones posted in P.Sahib / Bilaspur / Solan / Shimla for second year. In other words, the tenure of all the sensitive stations/postings in the Division may be fixed as one year so as to ensure the rotation of the Inspectors at normal and hard postings/stations in the Division.

3.       The policy of two years stay in field and one year on 'Table' must be followed strictly to ensure due justice to all.

1.                 The policy should clarified to treat the postings on refund/rebate seats, a sensitive/non sensitive keeping in view the quantum of rebate as per the zonal transfer policy.

2.                 The charges of public dealing relating to Refund/Rebate/Bonds/Registrations etc. should not be allotted to the Inspectors due to non-sensitive postings and deviations, if any, should be rare and with the prior approval of the Commissioner.

3.                     Any other point that may be discussed with the permission of the Chairman of the meeting.

Thanking you,

                                                                                          Yours faithfully,

                                                                                             (BHAGWAN SINGH)


The Deputy Commissioner ( P&V),
Central Excise & Service Tax Commissionerate,

Sub:   Meeting regarding existing transfer guidelines related to different cadres - reg

Kindly refer to your office letter dated 15.11.12, our letter dated 19.11.2012, and discussions with you on 20.11.2012,   on the above cited subject.

Besides the points proposed vide the association’s letter dated 19.11.2012, we wish to include the following points also in the transfer policy relating to Commissionerate, Chandigarh-I :-

1.       The postings in Service Tax Range/formations of sensitive nature should be as per roaster system. The officers who have never been posted in the service tax sensitive postings should be first posted in Service tax sensitive postings.

2.       That in order to maintain efficiency and administrative convenience, the roaster should be prepared based upon mixture of senior most and junior most officers.

3.       That officers, who have served for more than one year in sensitive posting of service tax may not be included in the roaster until and unless list of those having no service tax sensitive postings is exhausted.

4.       That those who are holding service tax sensitive postings as additional charge besides central excise sensitive postings should be excluded from the list of officers having served in service tax sensitive postings.

Further, as regards the matters relating to ICT transfers, the association will not be able to put forward its suggestions in such a short time. Therefore, it is requested that at least a fortnight’s time may please be granted to enable the association to elicit the views of its members upon Zonal transfer guidelines and submit its proposals to the administration. Further, it is requested that the proposals by the administration, if any, may be communicated to the association as expeditiously as possible so that the same may be discussed with our members before giving our view-point on these proposals.

Thanking you,

                                                                                          Yours faithfully,

                                                                                             (BHAGWAN SINGH)


A meeting of the Circle Executive Committee of Association is going to be held at CFS GFRL, Sahnewal, Ludhiana, on 07.12.2012, at  12.00 hours. The agenda points to be discussed will be following : -

1.         the transfer policy guidelines proposed by the administration;
2.         to evaluate the working of the branch bodies and central body of the association and to          introspect into the  working of the association;
3.         to discuss the matters relating to grade pay of Rs. 5400/- as per representation given to the authorities;
4.         to disuss the further course of action regarding representation given about removal of stagnation and injustice being done to the cadre of Central Excise in the wake of the proposed cadre review under process;
5.         to review the matters relating to membership and DDO certificates;
6.         to discuss the points proposed to be put up in the Patna convention of the AICEIA.

The Vice Presidents of all the Branches are requested to kindly call formal meetings of the members at their respective Commissionerate headqauarters and elicit the views of the members. They should also bring the relevant DDO Certificates relating to the subscription deducted upto date with them in the meeting along- with cheques, if any, delivered to them by the DDO authorities, and also bring with them the list of subscribed and non-subscribed members so that the position may be clear before the central body office bearers visit the Patna convention.

Shri Kulwinder Kumar and Shri Vinod Kumar are requested to kindly finalise their recommendations in respect of procedure regarding Cigarettes factories for being presented to the All India body. Shri Sanjeev Sharma, Inspector, Ludhiana will be special invitee for the meeting.

This issues with the prior approval of the President.


Copy for kind information to : -
1.The President/Secretary General, All India C.E. Inspectors’ Assocation;

2.The Chief Commissioner, Customs, C. Ex. And Service Tax, Chandigarh Zone, Chandigarh
3. The Commissioner, Central Excise & Service Tax/Customs Commissionerates, Chandigarh-1/Chandigarh-II/Ludhiana/Amritsar/J & K.
4.  The  Working President/ASG/Vice Presidents/Joint Secretaries/Executive Members/Advisors/Special Invitees  of AICEIA, CHANDIGARH ZONE.
5 Notice Boards at all Commissionerates and  BlogSpot.