INCOME TAX EMPLOYEES FEDERATION,
Manishinath Bhawan,
A\/2/95, Rajouri Garden\
New Delhi 110 027
Telephone No : 2510 5324 Telefax 2513 1593
Mobile 98110 48303
e-mail : itef@sify.com
ITEF/ 51/08 Dated : 6.12.2008.
Dear Comrade,
All India Conference of ITEF
at Mumbai on 10.02.2008 onwards -
The XXVIIth all India delegates Conference of ITEF will be held at Mumbai from 10th February 2009. The inaugural and open session will be held on 10.02.2009. Formal notice for the Conference is enclosed. The exact Venue and other details will be communicated by the host unit ITEF Mumbai Circle. The number of delegate who are entitled to attend the Conference from each Circle, as per the provisions of the Constitution shall depend upon the remittances made to the CHQ. on account of renewal fees. We had already intimated to you of the renewal fees dues from each of the Circle at the last CWC meeting. The remittances made as on and upto 31.12.2008 will be taken into account to arrive at the voting right and entitled number of delegates. All Circle Gl. Secretaries may please note this aspect and make remittances before the due date.
Confederation Meeting
The NE of Confederation is slated to meet on 13th inst. to consider the future course of action on 20-Point common demands. Prior to the meeting, i.e., on 12th inst., a Convention is being organized at FICCI Auditorium at New Delhi to discuss the subject of the Global Financial Crisis and the need to protect the Pension, Banking and Insurance sectors. The convention is to commence at 11.00 AM and shall be concluded at 3.00 PM. The speakers at the Convention will deal with the issue at length and depth and would be educative and informative. The convention is co-sponsored by All India Insurance Employees Association, Bank Employees federation of India, All India State Govt. Employees Federation and the Confederation of Central Govt. Employees and Workers. We request our comrades especially of those Circles of U.P., NWR, Rajasthan and M.P. to take advantage of this opportunity and deploy Comrades who are active in the Union to attend the Convention. The undersigned may please be informed of the probable number of comrades willing to attend the Convention so that Badges etc. could be procured in advance.
Central JCA Meeting
The Central JCA met on 4th instant and took the decision to suspend the on-going agitation, having reached a settlement on certain vital issues. The Circular letter issued under No.M/12 on 5.12.08 is enclosed, which is self-explanatory. The CHQ takes the opportunity to profusely and sincerely thank all the comrades for the whole hearted co-operation and participation in the action, which alone is responsible for this advancement. The Circle General Secretaries are requested to convey the decision of the Central JCA to all the members and ensure that all activities connected with Survey/Search operations commence from 08.12.2008 onwards.
Newly recruited Tax Assistants/ITIs
The Board has taken a decision in principle to address the problem of the newly recruited TAs and Inspectors by adjusting their postings as far as feasible at stations opted by them. The DI (HRD) has asked all the CCITs to forward the copies of their representations to him vide his letter dated 25.11.08. Kindly inform these comrades that they may make representations, if not already done, and ensure that the same is forwarded to the D.I immediately.
Department of Revenue COC
On 18th November 2008, the COC of Deptt. of Revenue met at Calcutta. The demands have been finalized after a prolonged deliberation. The demands framed and the decision as to how pursue those taken at the meeting is communicated vide their letter dated 20th November, 2008. The same is enclosed.
Regularisation of Daily rated Workers
Copy of Board`s Letter in F.No.A-12033/4/2007-Ad.VII dated 18th November 2008 is enclosed. The matter may now be taken up with the concerned CCs to ensure that all eligible candidates are regularized without further delay.
Be prepared for a struggle
The manner in which the Deptt. of Expenditure has dealt with the issue concerning upgradation of Grade Pay of Inspectors has given sufficient indication that what was thought to be a simple administrative approval has been made to be complex in the usual bureaucratic style. If it is allowed to be dilly-dallied further, we should respond through a higher form of action programme including strike. We request the Circle General Secretaries to mobilize the member for such an eventual action.
With greetings,
Yours fraternally,
K.K.N. Kutty
Secretary-General
Encl.:
1) Central JCA`s Circular Letter M/12 dated 05.12.08.
2) Board`s Letter in F.No.12033/4/2007-Ad.-VII dated 18.11.2008.
3) Circular Letter dated 20th November 2008 for the COC of Organisation the Deptt. of Revenue.
4) Notice for the XXVIIth All India Delegate Conference of ITEF at Mumbai.
Copy of the Central JCA`s Circular Letter M/12 dated 05.12.08.
Dear Comrade,
This is in continuation of our Circular Letter in M/12 dated 4th December 2008 intimating you of the decisions taken at the Central JCA meeting held at Chennai on 1st December 2008. Thereafter certain developments have taken place. The Board ultimately acceded to our request in the matter of transfer of promotee officers and the orders were issued on 2nd December 2008 setting aside all aberrations made in the earlier transfer orders. The Govt. also agreed that all officers whose children are studying in 10th & 12th standard would be retained uptill the next AGT. The minutes of the meeting indicating that mobile phone facilities would be provided to all employees connected with operational work has been issued. The rectt. Rules of Gr.-D has been amended and orders issued. In the matter of assigning higher Grade Pay to Inspectors etc. the following development has take place :
a) orders to cover ADI(OL) have already been issued
b) the case of A.O and P.S being common category has been delinked
and is being dealt with such categories in other departments and it will
be settled as and when DOPT takes a final decision in the matter.
c) In this case of Inspectors, the Deptt. of expenditure has raised certain
queries over the functions of the feeder cadres and the same is being
replied. The Board has strongly supported the case of Inspectors.
In respect of the three awards, the Board has already taken up the matter with the DOPT for holding a formal meeting to finally clinch the issue. Orders have already been passed by the Board asking the CCITs to regularize all Casual/Daily rated/temporary status employees who have put in ten years of service [pl. see Website www.irsofficersonline.org./F.No.A-033/4/2007-Ad.VII Dated 18th Nov.`08].
The Central JCA met at New Delhi again on 4.12.08 to consider these developments. The Joint Convenors met the Chairman, CBDT and Member (Personnel) again on 5th instant. Further discussions were held. The decision taken at the meeting on 4th to suspend the gon-going agitational programme to create a congenial atmosphere and pave way for the Board to take up the unsettled issues with other departments of the Govt. was conveyed. The letter written to the Board in this regard is enclosed as it explains the issues in detail. We have indicated in our said communication that if the upgradation of Pay Scales of Inspectors, A.Os and PS does not come about within a reasonable time frame, we will be constrained to mount higher form of agitational programme, like indefinite strike etc.
The Central JCA places on record the confidence reposed and support rendered by the employees and officers throughout the country in the united movement under the JCA and the yeomen efforts of all State Units in carrying out the action programme in letter and spirit, which alone created the necessary sanctions on the Board and the other Govt. authorities in bringing about a satisfactory settlement over some of the issues in the Charter of Demands. The said exemplary support has emboldened us to administer the threat of a higher form of agitation if the most vital issue in the present context, i.e., upgradation of Pay Scales of Inspectors, PS, A.Os is allowed to be Dilly dallied or delayed. We once again sincerely convey our thanks to all our comrades who stood with the decision of the JCA during this struggle.
With greetings, Yours faithfully,
K.K.N.Kutty – Rajesh Menon
Joint Convenors
Copy of the earlier Letter dt. 4.12.08.addressed to the Member (P&V), CBDT, New Delhi.
Dear Sir,
We write this with reference to the discussions, the representatives of the two Federations had with the Chairman, CBDT on 14th Nov.`08 and the subsequent negotiation on the issues with you. We take note of the fact that the issue concerning transfer of Officers on promotion has been settled satisfactorily. We also take note of the assurance made by you to ensure the coverage of mobile phones facility to all who are connected with operational works. We hope that the required approval for DOPT for making necessary amendment to Gr.-D Rectt. Rules will be obtained by the Board soon and consequent orders issued.
We are concerned of the fact that the orders upgrading the Pay Scale of Inspectors, PS and A.Os have not yet been issued, though promised to be settled by 28.11.08. However, we appreciate that you are personally looking into the matter and monitor its progress. We also appreciate the assurance held out to the effect that the Board will endeavour to settle the 13-Point Charter of Demands as early as possible. The Central JCA, which consist of the representatives of the two Federations, which met yesterday considered your appeal to suspend the on-going agitation in the light of the above cited developments and assurances. We have been directed to convey to you that it has decided to suspend the on-going agitation with effect from 08.12.2008, even though the demands which pending settlement for a long time has not been resolved fully. While doing so, the meeting has also directed us to bring to your kind notice that the non-settlement of the issues concerning upgradation of Pay Scale of Inspectors, AO, PS etc. within a reasonable time will create a situation in which the employees and officers will be constrained to tread the path of a serious agitation including an indefinite strike which could be averted only by getting the necessary endorsement from the Deptt. of Expenditure as stipulated in the notification dated 29.08.2008.
Thanking you,
Yours faithfully,
K.K.N.Kutty Rajesh Menon Joint Convenors
2) Copy of Board`s Letter dt. 18.11.08.
F.No.A-12033/4/2007-Ad.VII
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
New Delhi, dated 18th Nov.2008.
To,
All the Chief Commissioner of Income Tax(CCA)
The Director General of Income Tax(CCA)
Subject:- Regularization of qualified workers appointed against sanctioned post in irregular manner as well as casual workers in Non-statutory Canteens/Tiffin Rooms located in Central Govt. offices-Regarding.
Sir,
I am directed to refer to the Deptt of Revenue's endorsement dated 3.1.2007 forwarding therewith a copy of Ministry of Personnel Public Grievances & Pensions/DOP&T's O.M. No. 49019/1/2006-Estt (C) dated 11.12.2006 and Board's letter F.No. A-12033/4/2007-Ad.VII dated 3.6.2008 forwarding therewith a copy of Department of Revenue's O.M. No. 12/28/2008-Coord. Dated 15.5.2008 enclosing thereto a copy of O.M. No. 3/1/2007-Dir (C) dated 21.4.2008 received from Ministry of Personnel, Public Grievances & Pensions/DOPT on the above mentioned subject. In this connection copies of DOP&T O.M. No. 3/1/2007-Dir (C) dated 21/4/2008 and DOP&T O.M No. 49019/1/2006-Estt (C) dated 11/12/2006 are enclosed for ready reference.
2. The Department of Personnel & Training has not brought out any scheme or procedure for implementation of the Supreme Court's Judgment. Further, the Department of Revenue (Hqs.), who had collected data in respect of all the filed formations, have also not issued any further direction in the matter.
3. Keeping in view all these developments and that there has been considerable delay in implementation of the Supreme Court's direction, the Cadre Controlling Authorities are advised to take appropriate action for implementation of the Supreme Court's judgment in terms of the instructions issued by the DOP&T.
Yours faithfully,
Sd./
(R.P. Singh)
Under Secretary to the Govt. of India.
Copy to:-
(1) ITEF
(2) DIT(System)(Shri Dhiraj Kumar, Addl. DIT)-with a request to display this letter on the Official web site of the Income Tax Department.
3) Copy of Circular Letter dated 20th November 2008 for the COC Organisation.
CO-ORDINATING COMMITTEE OF FEDERATIONS IN THE
DEPARTMENT OF REVENUE
Manishinath Bhawan A-2/95 Rajouri Garden,
New Delhi. 110 027.
Phone: 2510 5324
Fax: 25105324. Mobile: 98110 48303
Date : 20. 11. 2008.
Dear Comrade,
Enclosed please find the Final Memorandum of the COC(Revenue) which prepared in the scheduled Meeting of the COC held on 18th Nov.,2008 in Kolkata. The said Memorandum has already been submitted before the Revenue Secretary, Ministry of Finance, Department of Revenue, North Block, New Delhi by Speed Post on 19-11-2008. The meeting of the 18th Nov.,2008 also decided to observe some agitational movement to ventilate the demands of the Memorandum which has already been submitted to the Revenue Secretary. (1) On 22nd December,2008 each and every unit of the organizations will observe 'Lunch Hour Demonstration' for early settlement of the Demands. (2)On 12th January,2009 the Office Bearers of every unit of the organizations will observe 'Day Long Dharna' by submitting C/L application for that day before the appropriate authority. The Central COC and the top executives (Secretary & President) of the organizations will meet in Manishinath Bhawan in Delhi on 5th January, 2009 to decide how to intensify the further agitational movements for achieving the demands.
On behalf of the Central COC I would like to request to all the Secretarys' of the following organizations under the Revenue COC to submit a individual Notice( drafted as under) of the agitational movement before the Revenue Secretary individually enclosing the Central COC's Notice and Memorandum dated 18-11-2008 and send a copy of the said Notice to the under signed through e-mail or Fax(as decided in the COC Meeting dt. 18-11-2008) latest by 1st week of December,2008. I would also like to request to the top executives (Secretary & President) of the following organizations under the Revenue COC to attend the meeting of 5th January 2008 in Delhi. It has also been decided in the meeting dt. 18-11-08 at Kolkata that those organization(s), who have not yet attended the meeting of the COC, the name of their organization will be deleted from the following list if they do not participate in the next meeting slated for 5th January,2008 in New Delhi. So Comrade please strengthens the united movement of the Employees working under the CBEC & CBDT for achieving your demands.
Thanking you.
Yours Comradely,
Sd/-
Saugata Chakraborty
Joint Convenor, COC(Revenue).
e-mail:- aicmef@yahoo.co.in
09433402024/Tel.Fax-033 22305530
- Income Tax Gazetted Officers Association,2. Income Tax Employees Federation,3. All India Central Excise Gazetted Executive Officers Federation,4. All India Central Excise Inspectors' Officers Federation,5. All India Central Excise & Customs Ministerial Officers' Federation, 6. All India Customs & Central Excise Gr. D Officers' Federation,7. All India Customs Preventive Services Federation,8. All India Customs Appraisers Officers' Federation,9. All India Federation of Superintendents' of Customs,10. All India Customs Ministerial Employees Federation,11. All India Customs Group "D" Officers' Federation,12. All India Federation of Central Excise & Customs Telecommunication,13. Customs Departmental Canteen,14. All India Narcotics Executive Officers Federation,15. All India Narcotics Group 'D' Officers Federation.
Charter of Demands
1 p) GRANT OF CONSTABULARY STATUS TO SEPOYS OF CENTRAL BOARD OF EXCISE & CUSTOMS(CBEC) with the ay scale of Rs.3200 – 4900 i.e. Grade Pay Rs.2000 instead Rs. 1800:
Sepoys are employed both in the Central Excise and Customs Departments. They are uniformed employees and their functions are identical to the functions of the constabulary in CPMO and other police organizations. They are presently in the pay scale of Rs.2750-4400 corresponding to PB-1 with grade pay of Rs.1800/-. The Constables in the CPMO were assigned the pay scale of Rs.3050-4590 by the 5th CPC on the ground that the recruitment qualification for CPMO Constables was matriculation, whereas the Sepoys in the Central Excise and Customs Department were non matriculates. The Federation of Sepoys both in Central Excise and Customs Dept. had been continuously harping on the need for the change in Recruitment Rules for the past 12 years without any positive action from the CBEC.
Now the 6th CPC has assigned replacement scale of Rs.3200-4900 to the CPMO Constables while the Sepoys of CBEC has been given a depressed pay-scale of Rs.2750-4400. Most of the Sepoys are presently Matriculates and above. We therefore demand that those who are presently matriculates may be placed in the P.B.-1 and Grade Pay applicable the scale of Rs.3200-4900 i.e. PB1 with grade Pay of Rs.2000. Those who are non-matriculates, they are also to be placed in PB-1 with Grade Pay of Rs.2000, provided they had completed three years of service as Sepoys. The CBEC may be asked to immediately revise the recruitment rules of Sepoys to bring them on par with the Constables in CPMO, which has even otherwise become necessary as per the extant recommendation of the 6th CPC. Those who are non-matriculates and are yet to complete the residency period of three years may be given training to upgrade them to PB 1 with grade pay of Rs.2000 within a period of 3 months.
2) Non-Matriculate Group D Staff
They are also to be placed in PB-1 with Grade Pay of Rs.1,800/- as per the 6th CPC receommendations. Appropriate training is to be imparted to the non-matriculates within a period of three months before induction into this grade. CBDT & CBEC are to organise this training within the stipulated period.
3) Staff Car Drivers:
They are presently in four grades viz. Ordinary Grade with scale of Rs.3050-4590, Grade-II of 4000-6000, Gade-1 of 4500-7000 and Special Grade of 5000-8000.
The special grade and Grade- III will be assigned PB-2 with a grade pay of Rs.4,200/-.
Since the Government has taken the decision not to purchase vehicles but to hire them, the staff car drivers will become progressively a dying cadre. They are to be integrated in the main stream cadres of the concerned departments. Depending upon the educational qualification and on imparting training they may be permitted to be absorbed in various other cadres.
4) Lower Division Clerks:
The number of Lower Division Clerks in Income tax and Central Excise and Customs Department are a few in number. They were in the scale of pay of Rs.3050-4590 and have been assigned the replacement PB-1 with grade pay of Rs.1900. They were actually on par with the Constables in the CPMO and Notice Servers of Income tax Department, having the same scale of pay. The 6th CPC has disturbed this horizontal relativity by assigning a higher scale of pay of Rs.3200-4900 to both Notice Servers and Constables. In order to remove the anomaly the LDCs are to be assigned the replacement PB-1 with grade pay of Rs.2000.
5) Tax Assistants / Steno Grade-III:
They are presently in the scale of pay of Rs.4000-6000. The recruitment qualification prescribed for Tax Assistants is graduation with data entry speed of 8000 character depression. The 6th CPC vide its recommendation in Para 3.1.12 and 3.1.15 has stipulated that the recruitment in Government service hereafter will have to be in the grade of Executive Assistants. Thus there cannot be any further recruitment in this cadre. It would therefore, become necessary that those who are graduates among the Tax Assistants are upgraded and placed in the PB-1 with grade pay of Rs.4200. Similarly those who have completed the residency period of three years (the period stipulated by the Department of Personnel for promotion from 4000-6000 to Rs. 5000-8000) may also be placed in PB-1 with grade pay of Rs.4200. Those who are not graduates and those who have not completed the requisite residency period of three years may have to be presently placed in the replacement PB-1 with grade pay of Rs.2400, to be upgraded after the completion of requisite residency period.
6) Granting Grade Pay Rs. 4600 to the Dy. Office Superintendent of CBEC/ Office Superintendent & Stenographer-I of CBDT.
a). DY. OFFICE SUPERINTENDENT (Group 'B')(CBEC):-Pay anomalies between D.O.S. and Inspector (E.O.& P.O.) was created when pay scale of Inspector (E.O.& P.O.) was hiked to the pay scale of Rs.6500/- - Rs.10500/- from the pay scale of Rs.5500/- - Rs.9000/- w.e.f. 21.04.2004. The 6th CPC also in viewed in para 7.15.15 that the anomalies in the pay scales of Inspector of Customs (Preventive Officer & Examiner) with the Dy. Office Superintendent as the pay scale of the Inspector was hiked since 2004 leaving behind the pay scale of Dy. Office Superintendent. Naturally the 6th Pay Commission has waved this pay anomaly between the cadre of Inspector of Customs and Dy. Office Superintendent by merging pay scales Rs.6500/- -Rs.10500/-(Inspector of CBEC), Rs5500/- - Rs9000/-(DOS) and Rs.5000/- - Rs.8000/-(STA) in a one pre-revised pay scale of Rs.6500/- Rs.10500/-( PB-2 Rs 9300/- - 34800/- with Grade Pay Rs. 4200/-).
But In Central Board of Excise and Customs there are three tier of promotional channel in Ministerial cadre under Customs Field Formation i.e. Inspector( P.O. & E.O) with the pay scale of Rs. 6,500/- - 10,500/-, Dy. Office Superintendent with the pay scale of Rs.5,500/- - 9,000/-& Sr. Tax Assistant with the pay scale of Rs. 5,000/- - 8,000/- . The 6th CPC has recommended all the above mentioned three scales of pay under one pay band( i.e. PB-2 -Rs.9300/- - 34,800/- with Grade Pay Rs.4,200/-). As a result the feeder cadres and the promotee cadres have come to one point, which will break the relativity of these cadres.
As the Dy. Office Superintendent is the supervisory cadre of Sr. Tax Assistant. So it is not only possible to merge all these cadres in to one post but also it is a impractical proposition that after rendering a long years of service one Dy. Officer should be treated at par with one Sr. Tax Assistant who have rendered only 10 years of service. So it will be logical to upgrade the pay scale of Dy. Office Superintendent as 7,450/- - 11,500/-( PB-2 with grade Pay-4600) which will maintain the vertical relativity of the Ministerial Staff under CBEC and also restore the promotional scope from Sr. Tax Assistant to Inspector & Dy. Office Superintendent. Further, the D.O.S. of the CBEC is not like the other Central Govt. Offices. They are directly involve in revenue collection for the Govt. as the Officers are posted in Appraising, MCD, Imort Bond, Air Cargo Complex, Doc Area and Other field Offices which are directly related with anti smuggling Job and Collection of Revenue.
It may be noted that the ratio between the feeder cadre and promote cadre must be maintained as the basic constitution of three tire promotional policy. Moreover, if the promotional channels are not restore in between the above cadres by variation of Grade Pay, a huge curtailment will be done in the Ministerial cadre by way of restructuring which is the extract of the 6th CPC.
b). Office Superintendent of CBDT & Stenographer Grade-II and Stenographer Grade-I: The Senior Tax Assistant and Stenogrpaher Gr.II are presently in the scale of pay of Rs.5000-8000 and Office Superintendents and Stenographer Grade-I are in the pay scale of Rs.5500-9000. These grades have been merged and are placed in the PB-1 with grade Pay of Rs.4200. Office Superintendents and Stenographer Grade-I are the promotional grades for the feeder cadres of Senior Tax Assistants and Stenographer Grade-II. As per the recommendation of the 6th CPC they will be placed in PB-2 with grade Pay of Rs.4200. However, it is to be mentioned that office superintendents are the supervisory grade and the merger of the grades of Senior Tax Assistants and Office superintendents into one single cadre will result in the depletion of the supervisory grades in the Department. It is therefore, necessary to functionally assess the required number of posts in supervisory grades and upgrade that number of the posts of Office Superintendents to the grade of Administrative Officers Gr.- III.
7) a) Administrative officersCBEC)(Group 'B' Gazetted): The Administrative Officer(Group 'B' Gazetted) post under CBEC was created in 1959. From that time the pay scale of Administrative Officer(Group 'B' Gazetted) under CBEC was equal to the pay scale of Appraiser and Superintendent of Preventive(Group 'B' Gazetted) of Central Board of Excise & Customs. But in 2004 Ministry has awarded the up gradation of pay scale of Appraiser and Superintendent of Customs (Preventive) keeping aside the pay scale of Administrative Officer. Naturally the Ministerial Staff has raised their voice before the Ministry and 6th CPC. The Ministry in it's letter F.No. A-26017/168/2007-Ad.IIA dated 30-11-2007 has accepted the validity of the demand of the staff side and refer the matter to the 6th CPC.
Keeping in mind all the arguments and views, the 6th CPC has come to the conclusion in para 7.15.14 wherein pay parity has been granted by 6th Central Pay Commission of the Administrative Officer in Customs field formation under CBEC and Section officer of Central Secretariat Service (Para 3.1) hence their pay scale should be Rs.7500/- - Rs.10500/- (Pre-revised)( PB- 2 with Grade Pay-Rs.4800) to maintain the pay parity with the section officer of CBEC. So it may be understood that automatically their pay scale become Rs.8000/- -Rs.13500/-( PB-2 with Grade Pay Rs. 5400) on completion of 4 years of service to maintain the pay parity with the section officer of Central Secretariat Service.
b). Administrative Officers(CBDT) and Private Secretaries:
They are presently in the Pay Scale of Rs.6500-10500. As per the general recommendation they will be placed in PB-2 with Grade pay of Rs.4200/-. However they are to be assigned pay scale of Rs.7500-12000 i.e. PB-2 with Grade Pay of Rs.4800 as per the recommendation of 6th CPC in para 3.1.14 to maintain the principle enunciated by the Commission of having parity in pay & allowances of the personnel in the field and secretariat offices. This general recommendation has not been adhered to while suggesting the PB and Grade Pay.
Further, it may also be noted that the feeder cadres for these posts viz. Office Superintendents of CBDT and Steno Gr. I, are also placed in the same Pay Band and Grade Pay, thereby creating an anomalous situation. This further justifies the need for placing these officers in the pay scale of 7500–12000 i.e. PB-2 with Grade Pay of Rs.4800/-.
Drawing analogy from the recommendations in para 3.1.14, these officers are also to be placed in the pay scale of 8000-13500, on completion of 4 years.
8) Income Tax Officers / Superintendents of Central Excise & Customs and Appraisers:
Income tax Officers/Superintendents of Central Excise & Customs and Appraisers were in the time scale of pay of Rs. 7500-12000 as on 1.1.2006, where as the Section officers of the Central Sectt. were in the pay scale of Rs. 6500-10500. The Scenario emerges from the recommendation of the 6th CPC is as follows :
The Income tax Officers/Superintendents of Customs and Central Excise and the Section Officers have been placed in the same scale of pay of Rs.7500-12000 corresponding to the Pay Band 2 with grade Pay of Rs.4800. In para 3.1.14 the VI CPC has given a general recommendation to maintain parity between field and Secretariat Offices. In Para 3.1.9 the Commission has suggested the following structure to be adopted for the Secretariat offices, consequently to be followed in the field offices also.
Post | Pre revised pay scale | Revised PB and G.Pay |
Section Officer | 7500-12000 8000-13500(on completion of 4 years) | PB2 of 8700-34800 and Grade Pay of Rs. 4800 PB2 of 8700-34800 and Grade Pay of Rs5400 on completion of 4 years |
Under Secretary | 10000-15200 | PB3 of 15600-39100 and grade pay of Rs. 6100 |
However, Group 'B' Gazetted Executive Officer under the CBDT & CBEC are discharging hazardous and arduous nature of duties relating to collection of Revenue during survey, anti-evasion/smuggling and combating the drug trafficking, attachment and sales of movable and immovable properties for realization of arrears and being posted in remote places. They are required to be rewarded adequately. 12 Risk Allowance granted by 5th Pay Commission in para 106.22 to Central Government employees whose normal duties involve special risks, ought to have been granted to Group 'B' Gazetted Officers in the Dept of Revenue, for the Risks undertaken by them in discharge of their functions. The present Pay Commission has recommended Risk Insurance in the place of Risk Allowance. Accordingly, the said Risk Allowance/ Risk Insurance may be granted to the said Gazetted Officers also. Importance of an efficient workforce in Department of Revenue, is well recognized by different tax reform committees including the committee headed by Dr. Raja Chelliah. The said committee in para 10.2 observed that the Government should recognize the paramount importance of Revenue Department and that the salary scales and promotional prospect of the officers and staff in the Revenue Department should at least be comparable with the best that Government offers to its employees. In many developed countries; Revenue Officers are treated differently in the matter of pay and other benefits.
In view of the above, the denial of higher pay scale of Rs. 8000-13500 to the Appraisers/Supdts./Income Tax Officers, on the analogy that the said scale is pertaining to the Promotional cadre of Asstt. Commissioners, is on untenable ground, in as much as the pattern obtaining in the Central Secretariat viz. Section Officers with a Pay Scale of 6500 -10500 were being promoted directly to the Senior Time Scale of Rs. 10000-15200, could have been applied to the Gazetted Group 'B' Officers of Revenue Departments, also. Besides,
it is pertinent to point out that the 6th CPC in para 7.15.24 has categorically stated that parity between Chief Enforcement Officer and Income Tax Officers and analogous posts in CBDT & CBEC should be maintained. The said Chief Enforcement Officers (now re-designated as Asstt. Director) are placed in the pay scale of 8000-13500. Since all the said officers i.e. ITO/Supdt. of CE & Customs/Appraisers and CEO belong to the same Dept. of Revenue, it is all the more necessary that similar dispensation with regard to Pay & Allowances is granted to them, as recommended by the 6th CPC. Hence, it is suggested that all the above said Officers be placed in the Scale of 8000-13500 corresponding in P.B.2 with Grade Pay of Rs. 5,400/- .
9). Replacement scale of Rs.7500 - 12000 to the Inspector of Central Excise, Inspector of Income Tax, Inspector(Preventive Officer/Examiner) & Inspector of Narcotics :-
The Inspector of Central Excise, Inspector of Income Tax, Inspector(Preventive Officer/Examiner) & Inspector of Narcotics were in the scale of pay of Rs.6500-10500 as in April, 2004 as per Government's decision to bring them on par with the Inspectors of IB and CBI etc. The Inspectors of IB and CBI have been placed in the pay scale of Rs.7450-11500 i.e. PB-2 with grade pay of Rs.4600. This apart, Inspectors, Sr. T.As will now be in the same PB and grade pay as per 6th CPC recommendation. Since Sr. TAs is feeder cadres, the Inspectors are to be placed in PB-2 with grade pay of Rs.4600 as in the case of Inspectors of IB and CBI as stipulated in para 2.21(v) of the report. This will automatically remove the anomaly.
The attention to the fact that Inspectors of IB and CBI and the Inspectors of Revenue Department carry out identical functions. While parity in pay scales was brought about by the govt. in 2004, Inspectors of IB and CBI were placed on a higher pedestal in the matter of allowances and other benefits like risk allowance etc. It is requested that similar benefits be allowed to the Inspectors of Revenue Department.
Considering the fact that the Dept. of Revenue and its personnel are to discharge the onerous functions as detailed elsewhere in this memorandum while dealing with the issues concerning with Supdts. of Central Excise & Customs and Income Tax Officers and taking in to account that as of now, there is no pay scale of 7450-11500, in the Dept. of Revenue, the said Inspectors are to be assigned the pay scale of Rs.7,500-12000 i.e. P.B. 2 with Grade Pay of Rs.4800/-
.
10) Notional Effect to the Revised Pay Scale of Inspector & ITO/Superintendents of CE & Customs and Appraisers:
The anomaly in the pay scales assigned to the Inspectors and Income Tax Officers / Supdts. of Central Excise & Customs and Appraisers in the Revenue Dept. disturbing the parity with similarly placed officers of the CBI / IB was set right on 21/04/2004 by the Govt. of India. However, this order was made effective only from the date of its issue and not from 01.01.1996, the date on which the anomaly arose. The Federations in the Dept. of Revenue had been representing to set right this illogical decision, citing the case of the Accounts Employees in Railways, Postal , IA & AD, Civil Accounts, Ministry of Coal & Mines, etc. In all these organizations the concerned officers were granted the benefit of notional fixation of revised pay with effect from 01.01.1996 and the actual payment with effect from the date of the issue of order. The 6th CPC to whom the matter was referred to, perfunctorily rejected this claim, stating the commission as a general rule was 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. The anomaly in this case cannot be set right, except through retrospective application of notional fixation of pay w.e.f 01.01.1996, as has been rightly done in the case of officers of various organizations mentioned above. Failure to set right this anomaly will have a permanent effect extending to the entire service tenure of the individual officers concerned.
The need for retrospective revision with effect from 01.01.1996 on a notional basis, 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 ITO/Superintendent of Central Excise and Assistant Enforcement Officer with the Inspector of Central Excise and Income Tax has been admitted and recommended for maintenance in future. On 01.01.1996, Chief Enforcement Officer were in the scale of Rs.7500-Rs.12,500/-.
The C O C protested against the above discrimination and the government awarded the pay scale of Rs.6500 - 10500 to the Inspector of Central Excise & Customs and Inspector of Income Tax w.e.f 21.04.2004 but without any retrospective benefit. The above discrimination requires to be removed immediately with retrospective effect.
11), Replacement Scale corresponding Sub-Inspector of Central Police Organisation to the Sub-Inspector of Central Bureau of Narcotics :-
The Sub-Inspectors of CBN has been given the same pay with the co-evals to the Ministerial Cadre though the 6th CPC in it's para 7.15.14 stated that posts in ministerial cadres cannot claim any relativity with those in executive cadre as the functions are different . Mare fact of two posts being in the same pay scale cannot be a ground for establishing relativity. Therefore the scale of the cadre should be corresponding to the Sub-Inspector of CPO. In case, there is any difficulty in granting the same scale with the post corresponding to CPO the Sub-Inspector post may be abolished to merge with the Inspector of CBN as was done in 1972 in Central Excise.
12. Replacement scale of Rs.8000-13,500/ to the Group 'B' Gazzetted Executive Officers under the CBE&C & CBDT.
The Government has given replacement scale of Rs.7500-12,500/ to the Group 'B' Gazzetted Executive Officers under the CBEC & CBDT and on completion of four years the scale of Rs.8000-13,500/ in PB-2. The COC in its memorandum and meting on 13th of May,2008 with the Revenue Secretary demanded replacement scale of Rs.8000-13,500/ w.e.f.1.01.2006 and with arrears in the scale of Rs.7500-12,500 w.e.f. 1.01.1996.
Explanation:-
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.12,500/ 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.
The C O C protested against the above discrimination and the government awarded the pay scale of Rs.7500/ - Rs.12,500/ to the Superintendents of Central Excise & Customs, Appraisers of Customs and Income Tax Officers w.e.f 21.04.2004 but without any retrospective benefit. Further, when the scale of the Chief Enforcement Officer was changed to Rs.8000/-Rs.13,500/, the same was not considered for the Superintendents and even the Board has not recommended strongly to the Empowered Committee for removal of the discrimination. The above discrimination requires to be removed immediately with retrospective effect.
13) Ensure at least / minimum four promotions/change of four Grade Pay to all officers under the CBE&C and CBDT.
The COC since inception has been demanding three promotions to all officers under the CBE&C and CBDT. Now the Government has been pleased to amend the IAS(Pay) Rules wherein Note 1 under Rule3(1) has been substituted to grant senior time scale, Junior Administrative Grade, Selection Grade and Super Time Scale on completion of four, nine, thirteen and sixteen years respectively. The directly recruited Gr. A Officer would reach Super Time Scale on completion of sixteen years and thereafter there is scope to progress further. Therefore, the other officers should get at least four promotions/change of Four Grade Pay in their entire service career specially in the Revenue Department.
Explanation:-
The officers and staff working in the Revenue Department, are required to discharge their duties and responsibilities in such a way that the tax is collected properly and effectively without causing any harassment to the bonafide tax payers. The liberalized policy being followed throughout the world, has made it compulsory to our country also to make the provisions related to tax collection drafted in easy language and understandable to all persons. The said liberalized policy has made the work of the tax men more sophisticated and with technical precision. The worldwide increase of terrorism and insurgency coupled with narco - terrorism have made the job of anti-smuggling more risky and full of hazards. In this backdrop, the officers and staff working in the Revenue Department, are not only required to be acquainted with different statutes other than the taxation statutes in one hand and on the other hand required to be dare devil to face any consequences arising out of the situation for the said tax collection and anti-smuggling activities.
In the backdrop of crucial role played by the Revenue Department in garnering adequate resources for developmental purposes can hardly be over-emphasised. The last decade saw a healthy and gradual enlargement of tax base and upsurge in revenue collection. As a result, contribution of tax revenue as a percentage of GDP which was 9% a decade ago has now gone upto 11%, while the cost of tax collection is as low as Rs.0.68 for every Rs.100, one of the lowest in the world. Greater reliance is now placed on (a) moderation in tax rate (b) enlargement of tax net (c) simplification of rules and procedures and changed scenario and objectives the existence of an efficient tax administration to fulfil the goals of economic policy is the need of the hour.
But it is distressing to note that officers of the Revenue Deptt.comprising more than 95% of the total workforce of these two departments and working in the field level to implement the various policies of the Govt. have been discriminated against the similarly placed officers working in the same Department and other Deptts. of Central Govt. in the matter of pay-scale and promotional opportunities.
The importance of an efficient workforce is well recognized by different tax reform committees including the committee headed by Dr. Raja Chaliah. The said committee in para 10.2 observed that the Government should recognize the paramount importance of Revenue Department and should spare no efforts in improving their condition of service, technical skill and work environment. Further in para 10.3, the committee observing that taking into account the vital role that the Revenue Department should play in garnering adequate resources for ensuring the security of the Country as well as substantial economic growth with social justice, recommended that the salary scales and promotional prospect of the officers and staff in the Revenue Department should at least be comparable with the best that Government offers to its employees. In many develop countries, Revenue Officers are treated differently in the matter of pay and other benefits.