INCOME TAX EMPLOYEES FEDERATION,
Manishinath Bhawan, A/2/95, Rajouri Garden,
New Delhi 110 027
Telephone No : 2510 5324 Telefax 2513 1593
e-mail : itef@sify.com Mobile 98110 48303
website:www.itef.blogspot.com
Dated:27th March.2008.
Dear Com,
The 6th CPC submitted its report on 24th to the Govt. We send herewith the Press Statement issued by the Confederation of Central Govt. employees and Workers and the Circular letter explaining the salient features of the recommendations. As has been pointed out therein the report is totally disappointing and unacceptable. The demand for need based minimum Wage at Rs 10000/= stands rejected. Struggle for a better deal is inevitable.
We also send herewith a copy of the Chapter dealing with the Department of Revenue. The parity in Pay scale we achieved through serious of struggles in the case of Inspectors with those in IB and CBI has been undone. While the Inspectors of Para military forces, CBI and IB have been placed in a higher grade of 7450-11500, the Inspector of IT is in the replacement scale of PB.2.i.e. in the bunched pay scales with a lesser grade pay along with the Senior Tax Assistance and the Office Superintendents. This has no justifiable ground to sustain.
We request you to apprise the members of the retrograde recommendations and prepare them for a sustained Struggle. The CWC of ITEF will meet on 28th April 2008 at New Delhi for which notice is enclosed. The confederation's National Executive will meet on 27th. We hope to conclude discussion and deliberations in the staff side National Council JCM by that time. Please send in your views, opinion, problems and suggestions either by e-mail or through post so as reach us by 5th April.2008
With greetings,
Yours fraternally
KKN.Kutty
Department of Revenue
Introduction
7.15.11 Department of Revenue functions under the overall administrative direction and control of the Secretary (Revenue). Itexercises control in respect of matters relating to all the direct andindirect taxes through two statutory Boards, namely, the Central Board of Direct Taxes (CBDT) and the Central Board of Customs and Central Excise (CBEC). Each Board is headed by a Chairman who is also ex-officio Special Secretary to the Government of India. Matters relating to the levy and collection of all the Direct Taxes are looked after by CBDT, whereas those relating to levy and collection of customs and central excise duties and service tax fall within the purview of CBEC. The two Boards were constituted under the Central Board of Revenue Act, 1963. CBDT has six Members and CBEC has five Members. The Members are also ex-officio Additional Secretaries to the Government of India. CBDT & CBEC 7.15.12 Central Board of Direct Taxes and Central Board of Excise & Customs have demanded functional autonomy on the lines of Railway Board. This demand was made before the Fifth Central Pay Commission also. The last Pay Commission had observed that no parity of these two Boards could be established vis-à-vis the Railway
Board because the latter was purely a commercial organization whereas the task of levying taxes was the sovereign function of the State and as such had to be kept under the overall control of Department of Revenue. The observations made by the last Pay
Commission are justified. Hence, the demand for autonomy cannot be conceded.
Non-executive posts in CBDT and
CBEC
7.15.13 The posts of Inspector and equivalent exist in CBDT as well as CBEC. The Fifth CPC had recommended the scale of Rs.5500- 9000 for these posts. The pay scale of these posts was, however, upgraded to Rs.6500-10500. Demands have been received from other posts existing in the scale of Rs.5500-9000 in these two Boards
seeking similar dispensation. The Commission has recommended merger of the pay scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 which will automatically meet this demand. Hence, no specific recommendation on demands seeking such upgradations is being made.
7.15.14 Fifth Central Pay Commission had recommended the pay scale of Rs.6500-10500 for the posts of Appraiser/Superintendent (Preventive)/equivalent in CBEC and the post of Income Tax Officer/equivalent in CBDT. The Government, in 2004, upgraded the pay scales of these posts to Rs.7500-12000. Various posts in ministerial cadres that earlier were in the pay scale of Rs.6500-10500 have demanded an identical dispensation in order to maintain their relativity. The Commission would like to clarify that posts in ministerial cadres cannot claim any relativity with those in the executive cadre as the functions are different. Mere fact of two posts being in the same pay scale cannot be a ground for establishing relativity. However, the ministerial posts will get a separate dispensation because the Commission has recommended parity between headquarters organizations and the field offices in chapter 3.1 of the report. The recommendations made therein shall apply to the ministerial cadre in CBDT and CBEC as well without any relativity being established vis-à-vis the posts belonging to the executive cadre.
Senior TaxAssistants
7.15.15 An anomaly has been reported in case of Senior Tax Assistants who are presently eligible for promotion as Inspector as well as Deputy Office Superintendent. It is stated that Senior Tax Assistants, if they are promoted as Deputy Office Superintendent, reach the scale of Rs.5500-9000. However, in case of promotion as
Inspector, they are placed in the scale of Rs.6500-10500 which is anomalous especially because they function under Deputy Office Superintendent before promotion as Inspector. The Commission has recommended merger of the pre-revised scales of Rs.5000-8000, Rs.5500-9000 and Rs.6500-10500 which will place the posts of Inspector and Deputy Office Superintendent in an identical pay scale. No specific recommendation is, therefore, necessary in this case.
Retrospective revision for executive posts
7.15.16 A demand has also been made for allowing the scale ofRs.6500-10500 in case of Inspector/equivalent and of Rs.7500-12000 in case of Appraisers/Superintendents/Income Tax Officers/equivalent retrospectively from 1.1.1996. The Commission, as ageneral 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. Thedemand cannot, therefore, be considered.
Appraiser/analogous posts
7.15.17 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-à-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.7.15.18 Historically, parity has existed between the posts of Constable in CPOs and Notice Server. The Commission has recommended that all the Constables in CPOs shall be placed in the pay scale of Rs.3200-4900. The Notice Server may also be similarly upgraded and placed in the scale corresponding to the revised pay band PB-1 of Rs.4860-20200 along with grade pay of Rs.2000.
Customs, Excise and Service Tax Appellate Tribunal
(CESTAT)
7.15.19 The Members of the Tribunal are presently in the pay scale of Rs.22400-26000. They have demanded the higher pay scale of Rs.24050-26000. The Commission has recommended merger of the pay scales of Rs.22400-26000 and Rs.24050-26000 in the revised pay band PB-4 of Rs.39200-67000 along with a grade pay of Rs.13000. This will automatically meet the demand.
Central Bureau of Narcotics
7.15.20 Posts of Inspectors and Sub Inspectors exist in Central Bureau of Narcotics. Central Bureau of Narcotics is responsible for controlling various aspects relating to cultivation of opium in the country. Post of Inspector (Narcotics) exists in this bureau in the pay scale of Rs.5000-8000. They have demanded parity with Inspectors of Central Excise. The same demand was considered by the Fifth Central Pay Commission, who, however, did not concede such parity on the ground that 2/3rd of the total posts of Inspector (Narcotics) were filled by promotion of Sub Inspectors who were only Matriculates and Upper Division Clerks/Stenographers. It is seen that 1/3rd of the posts of Inspector (Narcotics) are filled by direct recruitment of graduates through the Staff Selection Commission. Direct recruitment to the post of Inspectors in Central Excise is also made similarly. The duties and responsibilities attached to these posts whether in Central Excise or in the Bureau are similar. The difference is, therefore, limited to the fact that whereas 2/3rd of the total posts of Inspectors (Central Excise) are filled by direct recruitment of graduates through the Staff Selection Commission, only 1/3rd of the total posts of Inspector (Narcotics) are similarly filled. This difference by itself cannot justify different pay scales for these posts. The Commission has recommended parity between the Secretariat and field organizations even though method of recruitment at different levels in the Secretariat and the field organizations is different. Accordingly, the Commission recommends that post of Inspector (Narcotics) in the Central Bureau of Narcotics should be brought on par with the post of Inspector (Central Excise). This will, in any case, happen on account of restructuring of pay bands being recommended. The post of Inspector (Narcotics) in the Central Bureau of Narcotics shall, accordingly, be placed in the scale of Rs.6500-10500 corresponding to the revised pay band PB-2 of Rs.8700-34800 along with grade pay of Rs.4200. The method of recruitment to this post should also be made similar as that prescribed for the post of Inspector (Central Excise). Hence, the method of recruitment for this post should be changed so that 1/3rd of the posts are filled by direct recruit of graduates through the Staff Selection Commission, 1/3rd by Limited Departmental Competitive Examination and the remaining on promotion.
7.15.21 A higher pay scale has also been sought for the post of Sub Inspector in the Narcotics Control Bureau. The post is presently in the pay scale of Rs.4000-6000 and constitutes feeder cadre for promotion as Inspector (Narcotics). It is observed that posts of Upper Division Clerks and Stenographers also are a feeder cadre for promotion as Inspector (Narcotics). Presently, all these posts are inan identical pay scale of Rs.4000-6000. Placing Sub Inspectors in a higher pay scale will disturb this relativity. Consequently, higher pay scale cannot be recommended for this post.
7.15.22 A demand has been made for providing appropriate insurance cover to the officials in this bureau as their duties involve an element of risk. The Commission recommends that the Government should extend appropriate insurance cover to various categories of employees involved in hazardous duties in the Bureau. This is also in consonance with the recommendations madeby the Commission in Chapter 4.2 regarding providing appropriate insurance cover in place of the existing risk allowance to persons working on jobs of hazardous nature.