" IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE ARE ALSO MEMBERS OF AIACEGEO. THIS IS THE ONLY ASSOCIATION FOR SUPERINTENDENTS OF CENTRAL EXCISE AND IRS OFFICERS PROMOTED FROM THE GRADE OF SUPERINTENDENT OF CENTRAL EXCISE THROUGH OUT THE COUNTRY . President Mr.T.Dass and SG Mr. Harpal Singh.

Tuesday 26 March 2024

Cadre Restructuring

 

ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

Patron                                                                  Chief Patron                                                               Patron

A. Venkatesh                                                         Ravi Malik                                                        C. S. Sharma

Mob. 7780255361                                          Mob. 9868816290                                          Mob. 9313885411

President:                                         Address for communication:                                  Secretary General:

M. Loganathan                          Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob.8758262698     mail Id:aiacegeo2019@gmail.com       Site:cengoindia.blogspot.in    Mob.9717510598

Vice Presidents: B C Khatik, V Pagare  (Central) Diwakar Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East) Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V Raghunandan (South); All India Convener: A K Meena All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison Secretary: N S Maheshwari North Zone Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal Vigilance Coordinator: R K Singh South Zone Coordinator: U Sharma

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 26/AIB/CR/24                                                                                Dt. 26.03.24

To,

The Revenue Secretary,

North Block,

New Delhi.

Sub: Proposal for ensuing Cadre Restructuring of CBIC-reg.

Sir,     

            Kindly refer to the Ref. No. 165/AIB/R/23 Dt. 21.12.23 of the Association.

            2. It is to submit with due regards that the most of the Central Excise/CGST Superintendents entering the job as Inspector are retiring only with single promotion in the service career of 35 to 40 years and forced to work under their extreme juniors of Customs belonging to the same cadre of Inspector recruited through the same examination in the same organisation of CBIC under the same department of Revenue of the same Ministry of Finance. The single cadre of Inspector in the CBIC has been trifurcated into 3 sub-categories in absolutely unjustifiable manner, i.e., Inspector (Central Excise/CGST & Land Customs), Preventive Officer (Inspector Customs) & Examiner (Inspector Customs) to be promoted as Superintendent (Central Excise/CGST & Land Customs), Superintendent (Customs) & Appraiser (Customs) respectively merging at group ‘A’ entry level. This places the officers entering the job as Inspector (Central Excise/CGST & Land Customs) decades behind the Examiners and Preventive Officers (also admitted by the CBIC in its Board meetings of 12.01.11 and 18.02.11) due to the discriminatory rate of promotion and faulty recruitment rules. The last cadre restructuring was also proved of no good to remove the acute stagnation of the totally demoralized officers of ours (Central Excise Superintendents and Inspectors) on account of which the Cabinet also approved to bring some measures to remove the stagnation of our officers independent of cadre restructuring but very unfortunately, the said measures are still awaited even after expiry of more than one decade of its approval by the Cabinet.

3. The CBIC as on date has thousands of Group ‘B’ officers already putting more than 25 years of service and got only one promotion. The ACPS/MACPS is also unable to undo the gross injustice done to our officers. Even the temporary posts of the Asstt. Commissioner created in the last cadre restructuring did no good to our officers on account of being created with the clause of “no further promotion” and also not being included in the recruitment rules. Our officers didn’t get the benefit of even a single paisa on being promoted against these posts at the fag end on account of already working in the same pay scale. Many of them rather forced to get less emoluments on account of being transferred to the cities with less HRA. Due to this reason, a good number of our officers prefer to forgo the promotion against these posts and many are forced  to  plan to be voluntarily retired. Thus, the last cadre restructuring was insufficient to remove the acute stagnation of the totally demoralized officers of ours as also admitted in advance by the CBIC in the Board meeting of 12.01.11. That’s why the Cabinet was also pleased to recommend bringing of some measures independent of cadre restructuring to remove stagnation of our officers.

4. Our common entry counterparts in CSS, CBDT, Customs, Rajya Sabha Secretariat etc. are already attaining higher levels upto Level-14 (5 to 6 promotions) whereas the most of our officers retire at the post of Level-8 only with single promotion after being appointed as Inspector, whether direct entry or by promotion. This gross injustice has totally demoralised the Central Excise/CGST Superintendents leaving nothing to be motivated. This injustice is needed to be undone at the earliest in the interest of the revenue.

5. Regarding GST, no need to say that we require essential manpower and infrastructure particularly at Group ‘A’ entry to Addl. Commissioner level and also to strengthen the set-ups like audit, preventive, anti-evasion, anti-smuggling, anti-narcotics, seaports, ICDs, airports, SEZs, LCSs, 24*7 working etc. alongwith major expansion of the existing formations to increase the indirect tax collection alongwith to stop smuggling activities, infiltration of contrabands & lethal weapons also to stop serious threat to the security of the Nation. The Standing Committee on Finance in its 52nd report had also expressed its concern over the pathetic situation of man-power shortage desiring CBIC to give interim relief to the stagnating cadres.

6. While submitting its 52nd report on 20.04.2012, the standing committee on finance had observed that “in CBEC (now CBIC) the majority of Direct recruit Inspectors of Central Excise and Preventive officers (both almost 98%) get only one functional promotion during average service span of 35 years. Main reason for such acute stagnation is the ratio (1:15) between the strength of Assistant Commissioner (Group A) level and Group B gazetted level of these officers. In other departments of GOI the said ratio varies from 1:2 to 1:4. The Committee expresses their concern over the pathetic situation of man power shortage and desires both CBDT and CBEC to hasten formulation of a policy in this regard while giving interim relief to stagnating cadres.” The Committee also observed that the shortage of staff is the main reason for shortfalls in the performance of both the Departments.

7. The Public Accounts Committee in its 79th Report on the topic "Service tax on Banking and other Financial Services" submitted to both Lok Sabha and Rajya Sabha on 21.03.13 at Para XVI of Part-B to Part-I has discussed in details about the staff position in Service Tax under CBEC. At Para 18 of Part-II, the PAC has observed, "The Committee notes that there is a lack of perspective planning in the matter of deployment of staff on such a vital source of revenue collection viz., Service Tax. Taking into consideration the amount of revenue collected from Service Tax and Central Excise during the year 2011-12, the Committee is surprised to find that in contrast to the deployment of nearly 40,000 officers for excise, only 4000 to 5000 officers have been deployed for Service Tax stream and that too after withdrawing from the Central Excise stream. Apparently, Service Tax wing has been working for more than 15 years with no staff of its own. The Committee is dismayed to note the helplessness expressed both by the Finance Secretary and Chairman, Central Board of Excise & Customs in this regard especially when Ministry of Finance is itself one of the nodal authorities for examining and sanctioning requisite staff to Ministries. The Committee feels that the staff requirement be examined on priority basis by the concerned authorities in order to ensure that the Service Tax collections, which have increased phenomenally from Rs. 407 crore in 1994-95 to Rs. 97,389 crore in 2011-12 does not suffer for want of human resource.” Thus, the report justified sufficiently high increase of the officers on functional basis against the then existing sanctioned strength of merely 2000 in Service Tax. The observations of the Committee are now equally applicable to GST and thus, the CBIC will have to do a lot to improve its Human Resource Policy.

8. The direct recruit IRS officers of CBIC get parity with the common entry counterparts of CBDT in every cadre restructuring including the last one and also with other better placed common entry group ‘A’ counterparts including IAS alongwith the creation of posts in the higher pay scales even without having eligible officers in Group ‘A’ for further promotions and later on seeking relaxation for their promotions. They have also been granted financial parity with the best placed counterparts of IAS in the form of NFU. Such good things should also happen to our officers being appointed as Inspector and the most of them retiring on the post of Superintendent merely after single promotion in the career whereas the direct recruit IRS officers to the post of Asstt. Commissioner (Level-10) are becoming Commissioner (Level-14) and enjoying four promotions within 17 years span. Unfortunately, no parity (not even financial) with common entry counterparts like CBDT, CSS, Customs etc. has ever been considered for Central Excise/CGST Superintendents and Inspectors. The talks of parity for our officers with other counterparts were, however, made during the presentation of the last cadre restructuring proposal on 18.01.11 but nothing has been done till date even despite of the specific recommendations of the Cabinet to bring an independent measure to remove the stagnation of our officers.

9. This parity is very much required to boost the morale of the officers by adopting the measures like time bound promotions/scales, notional promotions, upgradation (functional or non-functional), creation of supernumerary posts, direct promotion to higher post/s, upgradation of posts, creation of separate service, in-situ promotions or any other specific measure/s alongwith re-framing of the RR’s without trifurcating the cadre at group ‘B’ non-gazetted/group ‘B’ gazetted level prescribing the qualifying service as per DOPT OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 (not being followed by CBIC) which stipulates clearly the promotion of Inspector grade to the grade of Joint Commissioner, Addl. Commissioner & Commissioner after completion of 12, 17 & 20 years of service respectively. During the presentation of last cadre restructuring proposal on 18.01.11, CBIC showed its inability to implement the said OM due to the want of required number of vacancies/posts. It is, therefore, requested that the required number of posts may kindly be created and the said OM be implemented or our officers may kindly be granted in-situ promotions (which requires no creation of posts) after completion of the due service even independent of cadre restructuring. A little deviation from the above mentioned DOPT guidelines, already framed with the due diligence & application of mind by the DOPT, may be understood but the non-implementation of the same at all is never understandable. If the grant of the prescribed grade of Level-14 is not possible within 20 years, we may be granted the same after completion of 21, 22, 23, 24, 25, 26, 27, 28, 29 or even 30 years (after completion of 1½ times of qualifying service as prescribed by the DOPT based on the precedent of CSS of promoting all the Section Officers to the STS post of Under Secretary after completion of 1½ times of qualifying service in 1999) after entry into job as Inspector. In-situ promotion scheme may even be in the form of Flexible Complementary/Dynamic Assured Career Progression Scheme, already existing in the Department of Science & Technology and also in the Ministry of Health to remove the stagnation of their employees. No need to say that there exist provisions of in-situ promotions upto the level of Joint/Addl. Secretary in CSS also.

10. It is also worth to mention that the upgradation of the Superintendents, completing 20 years of service after joining as Inspector, to the post of Asstt. Commissioner will also require no expenditure as they are already getting the salaries of the said post and upgradtion to the post of Deputy Commissioner after completion of 24 years of service will also require minimal expenditure. Such upgradations will also remove the regional disparities. This upgradation may be even in the form of in-situ promotions, if required numbers of functional posts are not available. The officers with 29 and 32 years of service may further be upgraded to the posts of Joint Commissioner and Addl. Commissioner respectively on functional or in-situ basis. As an instant measure, the in-situ promotion scheme approved in CBIC Board meeting of 18.02.11 may be implemented immediately from date of its approval independent of cadre restructuring.

11. In the last cadre restructuring, no heed was paid to the DOPT communications issued vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No. 35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the cadre restructuring should be viewed to mitigate the stagnation of the stagnated employees. No need to say that the Central Excise/CGST Superintendents and Inspectors are not only the most stagnated category of the employees under the CBIC but they are also the most stagnated category of govt. employees. The CBIC already has around 40000 group ‘B’ Central Excise executive officers comprising Superintendents and Inspectors retiring only with one promotion in their service career.

12. The officers joining as Inspector are able at the most to enter group ‘A’ temporary post of Asstt. Commissioner whereas the Examiners belonging to same cadre are becoming Commissioner against regular post in CBIC. No such measures like Examiners have been taken for the officers joining as Central Excise Inspector to mitigate their acute stagnation who are forced to work under their extreme junior Examiners. It is also worth to submit that the Income Tax Inspectors as well as the Assistants of CSS and Rajya Sabha Secretariat are easily becoming the Commissioner and Joint Secretary. The reason behind these disparities seems the existing ratio between group ‘A’ entry level to group ‘B’ gazetted to be 1:20 in CBIC whereas it is 1:2 in CBDT or even more at other places. Nothing has also been done despite of the specific directions of the Principal Bench of Hon’ble CAT in OA No. 2323/2012 to grant parity in promotions with the intra-organisational counterparts to our Inspectors and Superintendents to save them from the humiliation of working under the juniors belonging to the same cadre. If implemented, no need to say that this would also result into the removal of the regional disparities in promotions. Instead, the CBIC gave a misleading affidavit in the CAT. Such parity will certainly have a positive impact on the government revenues due to the feeling of job satisfaction amongst our officers.

13. Fixing of a ratio of 13:2:1 for entry into Group ‘A’ is also no way just & fair and is also contrary to the Para 2.2.2 of DOPT OM No. 20011/1/2008-Estt(D) dt. 11.11.10 mandating fixation of no ratio in the case of small number of promotional posts as around only 2% promotional posts are available for us which is too small (As far as the temporary posts of Asstt. Commissioner are concerned, the same are not included in the RRs and also no further promotion is available on being promoted against these posts). The CBIC has itself admitted in the Board meeting of 18.02.11 that the said ratio is insufficient to address the situation of the stagnation of our officers. Thus, the promotion to the Group ‘A’ from Group ‘B’ should be made on the basis of the length of service as Group ‘B’ gazetted officer by doing away with the ratio system as was being done in the past.

14. It is also submit-worthy that the most of the group ‘B’ gazetted officers including CSS are being promoted to the senior time scale group ‘A’ posts in Central as well as State governments while the Central Excise Superintendents are allowed to be promoted (if any) merely to a junior group ‘A’ post. The CBIC has done nothing in this regards even in r/o the verdict given by the Principal Bench of Hon’ble CAT in OA No. 684/2018. Thus, this issue requires immediate redressal.

15. The CBIC is already short of revenue under GST due to the shortage of working hands particularly at Group ‘A’ entry level in comparison to State GST. The Finance Secretary also observed that Central officers are far behind the State officers under GST. The observations made by the Finance Secretary are required to be analysed in r/o manpower, workload per individual and infrastructure available to our officers in comparison to the State officers to take due corrective measures under the cadre restructuring or even independent of it. Sh. B. B. Agarwal, the then Chief Commissioner of Hyderabad Zone, made the interesting study on this issue which has already been submitted by him to the CBIC. No need to say that the submissions made by Sh. B. B. Agarwal are required to be taken seriously in the cadre restructuring.

16. As on date, CBIC is having 10000 assesses per Range as average. However, many Ranges are having even upto lacs assesses which is really a terrible and unworkable situation putting unwarranted burden and tension on our Superintendents who are already overburdened for the want of the due helping hands and being always busy in preparing various reports leaving no time for scrutiny, assessment, show cause notices, adjudication orders etc. or for any other important work. So, we need to have not more than 500 assessees per Range alongwith helping hands, if we expect smooth Range working. Likely, there should be not more than 2500 assesses per Division alongwith sufficient manpower for smooth working. No need to say that we need equal number or more manpower particularly at Group ‘A’ entry level for Headquarters offices as well as sufficiently high manpower for Customs formations. We will require additional manpower at each level for Anti-evasion/Preventive, Audit, anti-smuggling, anti-narcotics, seaports, ICDs, airports, SEZs, LCSs etc. work for smooth tax administration. The Association requests that due care may kindly be taken in the ensuing cadre restructuring for the same alongwith Customs work to create the sufficient posts at Group ‘A’ entry level alongwith providing sufficient manpower at Superintendent, Inspector and lower levels. The posts may also be created at higher levels as per requirement keeping in strict view that these should not be less than one third of the relevant feeder level as per govt. guidelines. These guidelines may also taken care for creating the posts at Group ‘A’ entry level meant for the promotion of Group ‘B’ gazetted officers. It is also worth to mention that the Range level offices in the States having around 2000 assessees per unit are manned by 14 to 20 officers including executive, ministerial and executive staff. Thus, our Range should also be manned by 5 persons at least. Very interestingly, the Range level offices in the States have also been provided 2 to 3 vehicles (four wheelers) per office. Accordingly, our Range office should also be provided at least with one vehicle (four wheeler).

    17. The State governments have already upgraded the posts by one rank for their officers. But no such measures have been taken for our officers despite of the repeated requests of the Association. Even the pay scale of the Superintendent level officers is equivalent to the Level-10 for the State GST officers. Thus, the CTOs (the counterparts of our Superintendents in State GST) have already been re-designated/upgradaed as Asstt. Commissioner and also already placed in a pay scale equivalent to Level-10. The posts above the CTOs have further been upgraded in the States as Deputy Commissioner, Joint Commissioner, Addl. Commissioner and so on. This has put our officers under a very awkward, demoralizing and embarrassing position particularly in dealing with the trade which results into weak indirect tax administration in Centre in comparison to the States. Not only it, we are also far behind the State officers in the matter of infrastructure. So, the upgradation of posts, enhancement of pay scales and providing of due infrastructure are the instant works to be done in CBIC even before going for the cadre restructuring. No need to reiterate that the same measures are required to be taken by CBIC for our officers to avoid them facing the insulting and awkward situation in comparison to the State officers in the interest of an equally strong tax administration at Centre.

              18. As far as the question of the responsibilities is concerned, the most burdened categories of officers under the CGST are our Superintendents and Asstt. Commissioners. Under the cadre restructuring, all grades of the officers are required to be conferred with the responsibilities in proportion of their ranks based on monetary limits.

              19. The Section Officers of CSS, the counterparts of our Superintendents, were granted the time scale of Level-10 after completion of four years of service under their cadre restructuring only in 2003 retrospectively w.e.f. 01.01.96. Unfortunately, this time scale is available to our Superintendents merely in Level-9. During the ensuing cadre restructuring, our Superintendents should also be granted the benefit of the time scale of Level-10 with the retrospective effect like Section Officers without offsetting with the MACP upgradation.

              20. Like time scale, our officers joining as Inspectors should also be granted Non-functional Financial Upgradation (also requiring no creation of posts) at par with the best placed counterparts like CSS, CBDT, Customs etc. at least to provide them the financial parity with the said counterparts. This can be done even independent of the cadre restructuring or as part of the cadre restructuring, being an issue which has already been recommended at least on four occasions for our officers. As per the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this position can be reviewed after one year of the implementation of the cadre restructuring. Meanwhile reference is being made to DOPT but nothing done till date.

              21. Not only it, the report of the Stagnation Committee headed by Sh. Balesh Kumar may also be implemented before taking the further steps/action regarding the ensuing cadre restructuring.

              22. A separate service for the officers joining the CBIC as Inspector may also be created on the lines of CSS during the ensuing cadre restructuring taking into account the temporary posts of Asstt. Commissioner (+additional posts to be created at Group ‘A’ entry level) and sufficient posts to be creatted at each level at least upto the grade of Commissioner in proportion of the strength of CSS. Keeping in view the above mentioned verdict of the Hon’ble CAT in OA No. 684/2018 and also considering that the posts of the Asstt. Commissioner and Deputy Commissioner are functionally same, our Superintendents may also be promoted directly to STS post of Deputy Commissioner like many of their counterparts by converting the above said posts of Asstt. Commissioner to Deputy Commissioner under the separate service. Likewise, it may also be considered that the posts of the Joint Commissioner and Addl. Commissioner are functionally same and are not required to be mentioned separately. Instead the grade of Addl. Commissioner should be given as time scale in this service. In this regard, it is also worth to submit that a good number of posts of the Joint Secretary have been kept reserved for CSS officers in their cadre restructuring. The separate service for our officers was also recommended by CBIC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures. The draft RR’s for separate service had already been submitted to the CBIC by the Association. The separate service for group ‘B’ officers has also been recommended on various occasions by the CBIC and also by the IRS Officers Association.

              23. For the due representation and involvement of the Association, it is also necessary to be at least one member from the Association in the cadre restructuring committee to finalise the things.

              24. In addition to the consideration of the above submissions/points, the following points may also be given due consideration during or prior to cadre restructuring-

              (i) Creation of Flexible Complementary/Dynamic Assured Career Progression Scheme (FCS or DACP) for our officers to grant them at least 5 in-situ promotions which is also an already recommended issue and already existing in the Department of Science & Technology as well as Department of Health.

              (ii) Merger of Level-9 and 10 which is also an already recommended issue. Hon’ble Madras High Court in Writ Petition no. 11535/2014 with M.P No. 1/2014 decided on 16.10.14 has already upheld that the Grade Pay of Rs. 5400/- in PB-2 (Level-9) & PB-3 (Level-10) is one and the same level. The said judgment was finalized by the Hon’ble Apex Court in Special Leave to Appeal (C) 15396 OF 2015.

              (iii) Merger of group ‘B’ Executive non-gazetted as well as gazetted categories as the cadres in the Directorates under CBIC have already been merged.

              (iv) Merger of various Cadre Control Authorities under field formations to remove regional disparities.

              (v) Fulfillment of the commitments made during the presentation made on last cadre restructuring proposal on 18.01.11, which couldn’t be covered during that cadre restructuring. As per the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be taken up after implementation of cadre restructuring but nothing has been done.

              (vi) Seniority benefit on promotion to group ‘A’ in lieu of the service rendered in group ‘B’. As per the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be taken up after implementation of cadre restructuring but nothing has been done.

              (vii) Promoting all Superintendents completing 1.5 times of qualifying service on the lines of CSS. As per the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be taken up after implementation of cadre restructuring but nothing has been done.

              (viii) Regularisation of ad-hoc promotions based on the rules existing on the date of regularisation. As per the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be taken up after implementation of cadre restructuring but nothing has been done.

              (ix) Conversion of temporary posts of Asstt. Commissioner to regular/permanent keeping the same intact for promotee officers forever and deletion of the clause in cadre restructuring notification that the officers promoted against these posts would not be entitled for further promotion. As per the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this issue will be taken up only after one year of implementation of cadre restructuring but nothing has been done.

              (x) Creation of reserve pool posts, which couldn’t be created in the last cadre restructuring. As per the minutes of the meeting held on 04.03.14 issued vide letter F. No. 8/B/49/HRD(HRM)/2014 Dt. 26.03.14 and dispatched vide No. 1272 to 1275 Dt. 26.03.14, it was said that this position can be reviewed after one year of the implementation of the cadre restructuring but nothing has been done.

              (xi) Time scale after every 7 years to the officers after joining the job as Inspector. It was also recommended by CBIC vide F.No.A.26017/147 /06-Ad.II.A Dt. 04.01.07 as one of the measures for our officers. No posts will be required to be created for the grant of time scale after every 7 years.

              (xii) Notional promotions granting batch to batch parity to our officers with the best placed common entry counterparts like Customs/CBDT/CSS etc. There already exist so many legal verdicts in the favour of various employees of many other organizations on notional promotions.

              (xiii) Creation of supernumerary posts which will be personal to the officer at each level of the promotion and will be abolished with the retirement of the officer. There already exist so many legal verdicts in the favour of various employees of many other organizations on supernumerary posts too.

              (xiv) Direct promotion to higher post/s: Customs Ministerial officers were promoted as Appraiser without working even for a single day on the feeder post of Examiner. Likewise, our officers may also kindly be promoted directly to the higher posts at par with common entry counterparts.

              (xv) In-situ promotions (requiring no creation of posts) on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector.

              (xvi) Non-functional financial upgradation on completion of residency periods as prescribed by DOPT under OM No. AB.14017/61/2008-Estt. (RR) Dt. 24.03.09 after joining as Inspector. No need to say that the same have been prescribed by DOPT with due diligence and application of mind.

              (xvii) Counting of service rendered on temporary post of Asstt. Commissioner for further promotions.

              (xviii) To promote our officers joining as Inspector to the post of Asstt. Commissioner or Deputy Commissioner within the specified period of 4 or 7 years respectively as prescribed by the DOPT.

              (xix) Merger of the sanctioned strength of Assistant Commissioner and Deputy Commissioner into one as already done in the case of Joint Commissioner and Additional Commissioner, both categories being functionally same.

              (xx) Earmarking of share of promotee officers upto the level of Commissioner.

              (xxi) Filling-up of all posts of Asstt. Commissioner first by Central Excise Superintendents till they are placed at par with the Customs in the matter of entry into group ‘A’.

              (xxii) Removal of regional disparities in promotions.

              (xxiii) Bringing measures independent of cadre restructuring to remove the stagnation of our officers as approved by the Cabinet at the time of approval of last cadre restructuring. It is to be done prior to the ensuing cadre restructuring.

              (xxiv) Immediate implementation of in-situ promotion scheme as approved in Board meeting of 18.02.11 from date of its approval.

              (xxv) Immediate implementation of the verdict given by the Principal Bench of the Hon’ble CAT in OA No. 2323/2012 prior to the ensuing cadre restructuring to grant parity in promotions to the Central Excise/CGST Superintendents and Inspectors at par with the intra-organisational counterparts. It will also remove the regional disparities.

              (xxvi) The promotion of the Central Excise/CGST Superintendent to a STS post (Deputy Commissioner) instead of JTS post (Asstt. Commissioner) like other Group ‘B’ gazetted counterparts of Central as well as State Governments.

              (xxvii) Upgradation of posts, enhancement of pay scales and providing of due infrastructure under GST like State Governments.

              (xxviii) Conferring of the responsibilities to different levels in the administrative hierarchy in proportion of the rank prescribing monetary limits.

              (xxix) Time scale of Level-10 after four years of service to our Superintendents with retrospective effect from 01.01.96 without offsetting with the MACP upgradation.

              (xxx) Non-functional Financial Upgradation (also requiring no creation of posts) to our officers joining the job as Inspector at par with the best placed counterparts like CSS, CBDT, Customs etc.

              (xxxi) Creation of separate service upto the level of Commissioner for our officers.

              (xxxii) Inclusion of at least one member from the Association in the cadre restructuring committee.

              25. In view of the above and the Central Excise/CGST Superintendents being the most stagnated group ‘B’ gazetted category of the govt. employees, it is requested that the cadre restructuring may kindly be finalised taking due care of the career prospects of the officers joining the job as Central Excise/CGST Inspector and also bring an immediate device independent of cadre restructuring for the acutely stagnated Central Excise Superintendents to retire them at Level-13 & above granting them parity with their common entry counterparts. This will not only enhance the promotional avenues for these officers but will also increase the overall efficiency of indirect tax administration in the interest of the revenue collection. As the cadre restructuring proposal is being reframed, it is also requested to consult the Association on the issue, the members of the Association being the important stake holders in the matter.

Thanking you,      

Yours sincerely,

                                                                                                                                                       

(HARPAL SINGH),

Secretary General.

Copy with the request for necessary action and also to consult the Association:

(1)   The Secretary, DOPT, North Block, New Delhi.

(2)   The Cabinet Secretary, President House, New Delhi.

Tuesday 13 February 2024

Implementation of order in OA No. 3549/2016

 ALL INDIA ASSOCIATION OF CENTRAL TAX

GAZETTED EXECUTIVE OFFICERS

(Earlier known as All India Association of Central Excise Gazetted Executive Officers)

Patron                                                                  Chief Patron                                                               Patron

A. Venkatesh                                                         Ravi Malik                                                        C. S. Sharma

Mob. 7780255361                                          Mob. 9868816290                                          Mob. 9313885411

President:                                         Address for communication:                                  Secretary General:

M. Loganathan                          Flat No. 6, SE 11, Shastri Nagar, Ghaziabad                           Harpal Singh

Mob.8758262698     mail Id:aiacegeo2019@gmail.com       Site:cengoindia.blogspot.in    Mob.9717510598

Vice Presidents: B C Khatik, V Pagare  (Central) Diwakar Sahai, Sanjoy Gupta (East) Ashish Vajpayee, Amadul Islam (North) G Srinivas Reddy, P Ravichandran (South) R Keny, J B Parmar (West) Joint Secretaries: S P Pandey, T J Manojumon (Central) Subrata Adhikari, SiddharthTewari (East) Ramkesh Meena, S Sahai (West) Atul Kumar, R B Sahu (North) Bhoopesh, R V Raghunandan (South); All India Convener: A K Meena All India Coordinator: B L Meena Office Secretary: B C Gupta Treasuer: M Kumar Organising Secretary: M Bajpai Liaison Secretary: N S Maheshwari North Zone Coordinator: Prabhakar Sharma Legal Coordinator: S Sabarwal Vigilance Coordinator: R K Singh South Zone Coordinator: U Sharma

(Recognised vide F.No.B-12017/17/2022-AD-IV A dt. 14.07.23 of CBIC, Govt. of India)

Ref. No. 15/AIB/P/24                                                                       Dt. 13.02.24

                                                                                                                 COURT MATTER

                                                                                                    REMINDER

To,

(1) The Secretary,

Union of India, Ministry of Finance,

North Block, New Delhi-1.

(2) The Chairman, Central Board of Excise and Customs (now Central Board of Indirect Tax and Customs), North Block, New Delhi-1.

(3) The Secretary, Union of India,

Department of Expenditure, Ministry of Finance,

North Block, New Delhi-1.

(4) The Secretary, Union of India,

Ministry of Personnel, Public Grievances and Pension,

DoPT, North Block, New Delhi-1.

(5) The Chief Commissioner, Central Excise (now CGST) Delhi Zone,

(Cadre Control Unit), C.R. Building,

IP Estate, New Delhi-2.

Subject: Implementation of the order of the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi delivered in OA No. 3549/2016 on 13.09.23 regarding retrospective implementation of the pay scale revision of the Superintendents of Central Excise (now CGST) vs. Superintendents of NCB.

Sir,

Kindly refer to the Ref. No. 130/AIB/P/23 Dt. 29.09.23 of the Association on the above subject. The subject-mentioned order of the Hon’ble Central Administrative Tribunal was also communicated to your goodself vide above Ref. No. but nothing heard from your good side till date on the matter despite of the time limit ordered by the Hon’ble Central Administrative Tribunal being expired well ago.

2. It is again submitted with due regards that the pay scale of the Superintendents of Narcotics Control Bureau was revised to Rs. 7500-12000/- from Rs. 6500-10500/- w.e.f. 01.01.96 with all consequential benefits vide U.O. No. 169/1/2005-IC Dt. 11.04.05 of the Department of Expenditure leading to the issuance of Order F. No. II/2(38)/2004-Estt. Dt. 20.04.05 by the Narcotics Control Bureau whereas the pay scale of the Superintendents of Central Excise (now CGST) was revised to Rs. 7500-12000/- from Rs. 6500-10500/- prospectively w.e.f. 21.04.04, i.e., from the date of the issuance of the order vide OM No. 6/37/98-IC Dt. 21.04.04 of the Department of Expenditure. It is worth to mention that both categories of the Superintendents were similarly positioned on 01.01.96, i.e., on the date of the implementation of upgraded pay scale for the Superintendents of NCB by a prospective order Dt. 11.04.05.  So, both categories should have been placed in the same pay scale giving equal treatment w.e.f. the date of the implementation of the Central Civil Service, Revised Pay Rules, 1997, i.e., w.e.f. 01.01.96. This benefit was given to the Superintendents of NCB but the Superintendents of Central Excise were discriminated by depriving them from the same benefit without any reason or justification creating class within a class.

            3. It is also worth to submit that the Superintendents of Narcotics Control Bureau (NCB) were granted the retrospective benefit despite of the fact that their pay scale was revised even after the revision of pay scale of Superintendents of Central Excise. The Association has been continuously raising the demand for implementing the revised pay scale with retrospective effect instead of 21.04.2004 since very beginning but nothing has been done till date. It is further submitted that the Superintendents in Narcotics Control Bureau were also granted the non-functional time scale on completion of 4 years of service based on the precedent of the grant of the same to the Superintendents of Central Excise.

4. Thus, the pay scale of Superintendents of Narcotics Control Bureau was revised/upgraded based on the precedent of the upgradation of pay scale of Superintendents of Central Excise to bring earlier category at par with the later. Accordingly, the later category should also be granted the same parity with earlier by giving effect to the OM No. 6/37/98-IC Dt. 21.04.04 from 01.01.96 for the sake of justice and equity. The date of implementation of the revised pay scale for Central Excise Superintendents has been maintained as 21.04.04 and not the date (i.e., 01.01.96) since when the recommendations of the 5th Pay Commission were implemented. 

5. There exists an established historic parity and relativity between the Superintendents of NCB and Superintendents of Central Excise as the nature of duties, mode of recruitment, functions and responsibilities of these posts are the same. The Superintendents of Central Excise are also working as Superintendents in NCB since the creation of NCB. The NCB was also a part of CBEC (now CBIC) under the Department of Revenue and remained its part till 18.02.03. The Superintendents of NCB were sharing common seniority with the Superintendents of Central Excise for promotion to the same post of Group ‘A’ (i.e., Asstt. Commissioner) till 18.02.03. The Allocation of Business Rules, 1961 were amended vide Notification No. I/22/1/2003-CAB Dt. 18.02.03 [S.O. 193(E)] to include the NCB in the Ministry of Home Affairs. Even after that, NCB is being monitored by the CBEC/Department of Revenue and the Superintendents of Central Excise are till now performing their duties as Superintendents of NCB.

6. The High Power Committee formed by the then Hon’ble Finance Minister to look into the disparity created by the implementation of 5th CPC report also accepted that the Superintendents of Central Excise and the Superintendents of NCB are at par. Further, the Sixth Pay Commission had categorically observed vide Para 7.15.20 of its report that the duties & responsibilities attached to these posts whether in Central Excise or in the Narcotics Control Bureau are similar and recommended for parity of Inspector of the Central Bureau of Narcotics with the Inspector of Central Excise. Thus, both expert bodies, i.e., High Power Committee and Pay Commission, accepted and recommended that promotional and feeder posts of both categories are at par and be placed at par in the matter of pay scale.

7. Therefore, the pay scale of the Superintendents of Central Excise should have also been upgraded to Rs. 7500-12000/- w.e.f. 01.01.96 at par with their counterparts in NCB since when the recommendations of 5th Pay Commission were given effect. As such, non-grant of enhanced pay scale w.e.f. 01.01.96 is violative of Article 14 & Article 16 of the Constitution of India.

            8. The denial of the retrospective revision of pay scale to the Central Excise Superintendents is not correct as the grave anomaly has arisen on account of the different dates of revision prescribed by the Department of Expenditure for different categories of employees. If the pay scale of the counterparts of NCB was revised w.e.f. 01.01.96 by the Department of Expenditure, the prospective revision of pay scale from 21.04.04 for the Superintendents of Central Excise is gross injustice to them.

9. Such anomaly was removed by the Govt. from the date of arise, i.e., 01.01.96, in other cases. Many categories including the Superintendents of Narcotics Control Bureau vide Office Order under F.No.15/2(38)/2004-Esst. Dt. 20.04.05 issued by the NCB, redeployed surplus staff vide DOP&T O.M. No.1/7/98-CS.III Dt. 09.04.99, officers of the Organised Accounts Departments vide MF & CA O.M. No.6/82/E-III.(B)/91 Dt. 28.02.03, Divisional Accountants/Divisional Accounts Officers vide C&AG [Cir No. 26/NGE/2004] No. 341-NRE (App.)/36-2003 Dt. 28.04.04, Junior Translator, Senior Translator and Asstt. Director (OL) vide Department of Official Language O.M. No. 13/6/2002-OL Dt. 02.04.04, Employees of Ministry of Labour vide O.M. No.A-32022/1/2002-Adm.I Dt. 26.04.04, Section Officers of CSS vide Order No. 5/4/2005-CS.I Dt. 25.01.06 of DOPT, Stenographers of CSSS vide Order No. 10/3/2004-CS-II (Pt. I) Dt. 31.03.06 of DOPT, Chief Enforcement Officers vide order issued under F.No.16/26/2004-Ad.1C Dt. 04.10.05, DASS officers vide Order No. 56 issued vide F.2/37/2008/S-I/Lit./Vol. II Dt. 03.02.15 of Govt. of NCT of Delhi with approval from Central Govt. etc. have already been given the retrospective benefit of the revision of pay scale by the Govt.

10. The anomaly was crept w.e.f. 01.01.96 which should have been removed from the date of occurrence. The similar upgradation of pay scales in other govt. departments has been given effect from 01.01.96. Non-effect of pay scale of Central Excise Superintendents w.e.f. 01.01.96 has resulted in huge monetary disadvantage in the monthly salary as well as pension to them. The Revised Pay Rules, 1997 implementing the report of the Vth CPC also came into force w.e.f. 01.01.96 to give effect to the revised pay scale from the same date in equitable manner. The High Power Committee was also formed to consider and undo the anomaly crept into existence with effect from 01.01.96 after recommendations of 5th Central Pay Commission.

11. The decision to revise the pay scale with prospective effect from 21.04.04 instead of 01.01.96 vide OM F. No. 6/37/98-IC Dt. 21.04.04  has been held “arbitrary and illegal” vide the order dated 17.01.12 passed by the Hon’ble CAT, Mumbai in the OA No. 86/2008 filed by the Income Tax Gazetted Officers Association and others. Various Hon’ble courts including the Hon’ble Supreme Court also have already decided that effect of revised scale should be given from the date of the implementation of report of CPC or from the date of creation of anomaly.

12. The Hon’ble Supreme Court has also given the retrospective benefit along with arrears to the employees in various cases including SLP (Civil) No. 9832/2013 titled as Union of India and others vs. Jose Sebastian and others {Review Petition (Civil) No.1494/2013 preferred by the Govt. against the aforesaid judgment was also dismissed vide order dated 01.8.13}, SLP (C) No.13818/2020 vide judgment dated 08.01.21, Civil Appeal No. 5866 of 2000, SLP (Civil) Nos.1587-1588/2014, WP(C) No. 81/1969 etc.

13. The Hon’ble High Court of Delhi has also given the retrospective benefit alongwith arrears to the employees in various cases including Writ Petition (Civil) No.1523/2016 (alongwith 6% interest) in which SLP(C) No. 13818/2020 has been dismissed, in W.P. (C) 3945/2017 etc.

14. The Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi has also given the retrospective benefit to the employees in O.A. No. 2529/96, O.A. No. 2951/2003, O.A. No.763 of 2015 (alongwith 6% interest) etc.

15. The Coordinate Bench of the Hon’ble Central Administrative Tribunal at Ernakulum has also taken the view that the effect of the revised scale should be given from the date of the implementation of the report of the Pay Commission in its order in O.A. No.671/2003 on 30.06.06 allowing the benefit of improved pay scale retrospectively w.e.f. 01.01.96 with arrears.

16. The Bombay Bench of the Hon’ble Central Administrative Tribunal has also given the retrospective benefit to the employees in O.A. No. 859 of 2004.

17. Thus, the Superintendents of Central Excise and the other similarly positioned persons (i.e., Superintendents of NCB) in CBEC had different pay scales for the period 01.01.96 to 20.04.04 u/5th CPC, first having Rs. 6500-10500/- and later having Rs. 7500-12000/-. The Central Excise Superintendents in CBIC also have two scales u/5th CPC, one effective from 01.01.96 and other revised scale effective from 21.04.04. A Superintendent retiring on 31.03.04 gets his pension & other retirement benefits calculated on the basis of the pay scale of Rs. 6500-10500/- whereas another Superintendent retiring on 30.04.04 gets his pension & other retirement benefits calculated on the basis of pay scale of Rs. 7500-12000/-. Thus, it creates a class within a class and seniors are forced to get less pension than their juniors.

18. The benefit of upgraded pay scale has been withered down for the Central Excise Superintendents by the prospective revision due to the loss of due increments in the upgraded scale for the period from 01.01.96 to 20.04.04. The decision to make the pay revision effective from 21.04.04 is discriminatory and a deviation without any legitimate and valid reason. The concerned authorities have not cited any reason whatsoever for taking a decision at variance from the precedence, i.e., to give effect to the revised scale from a prospective date (i.e. 21.04.04) and not from the date of implementation (i.e., 01.01.96) of Pay Commission recommendations and Central Civil Service, Revised Pay Rules, 1997.

19. Your kind attention is also invited to the order (copy already provided) given by the Hon’ble High Court of Kolkata in WPCT No. 21 of 2015 based on which the benefit of the OM F. No. 6/37/98-IC Dt. 21.04.04 has been granted retrospectively from 01.01.96 (copy of CBDT order already provided) to Income Tax Officers. It is also, however, worth to mention that their case was for notional benefit whereas our case is for actual benefit. Both cases are on the same lines except this difference. In their case, a Special Anomaly Committee was directed to be formed by the Hon’ble High Court to deal with the matter whereas the competent authority has been directed by the Hon’ble CAT to take decision by disposing off our representation in our case. Accordingly, our officers are also required to be given the in-rem benefit of the OM F. No. 6/37/98-IC Dt. 21.04.04 retrospectively on actual basis w.e.f. 01.01.96.

20. There exist so many orders of so many courts including the Hon’ble Supreme Court that the benefit of such matters are to be given in-rem. Same has been intended in the National Litigation Policy to minimise the litigations and not to force all equally placed persons to approach the legal courts on the same matter. Your kind attention is also invited to the latest order on the issue given by the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 2544/2015. In this order, the Hon’ble CAT has specifically ordered that the benefit of upgraded pay scales is to be given to all eligible employees with effect from 01.01.96 irrespective of the fact whether they have approached an appropriate judicial forum for the same or not as under-

“Before parting we would also express a hope that the competent authority shall on its own extend the benefit of upgraded pay scales to all eligible employees with effect from 01.01.1996 irrespective of the fact whether they have approached an appropriate judicial forum for the same or not so that unnecessary litigation is avoided.”

21. It is also worth to mention that the Hon’ble High Court of Delhi has given the retrospective benefit alongwith arrears to the employees in Writ Petition (Civil) No.1523/2016 alongwith 6% interest in which SLP(C) No. 13818/2020 has been dismissed. The Hon’ble CAT, Delhi has also given the retrospective benefit to the employees in O.A. No. 4419 of 2014 and 763 of 2015 alongwith 6% interest.

22. The Hon'ble Delhi High Court in WP (C) No. 3945/2017 in case of Shailendra Singh & ors vs. Union of India & ors vide order Dt. 02.12.19 has laid down that once the Govt. had in principle decided to revise pay scale, the effective date from which the benefits of such revised pay would accrue would be the date when such benefits became available and not from the date when their applicability was notified by the particular Ministry or Department. The relevant portion is as under:

“This is somewhat similar to recommendations of a CPC, Periodically, restructuring is undertaken, pay-scales are introduced and revised as a result of the recommendations of the PC. However, the actual implementation of these recommendations gets postponed because in the individual Departments and Ministries, the necessary changes to the RRS have to be made and notifications have to be issued All of this postpones the actual grant of the benefit in that particular Ministry or Department. However, when it is finally given, the benefit is usually given from the uniform date when such revised pay-scales were made available, as a result of the recommendations of the CPC.”

23. The Hon'ble Delhi High Court in yet another order Dt. 18.12.19 in WP (C) No 1523/2016 in the case of All India Railway Accounts Staff Association & ors vs. Union of India have again reiterated the above principle in the following words:

“Recently, this Court in its order dated 2nd December, 2019 in W.P. (C) 3945/2017 (Shailendra Singh v. Union of India) accepted the plea of the Petitioners therein that once the Government had in principle accepted the recommendations of the 5th CPC, the effective date from which the benefits of such revised pay would accrue would be from when such benefits became available, and not from the date on which their applicability was notified by the particular Ministry or Department.”

24. The issue relating to effective date of grant of scale to the govt. employees is no longer res integra. The issue has been long settled by the Apex Court in the case of Purshottam Lal & others Vs. U.O.I & another in Writ Petition (Civil) No. 81/1969 vide their order Dt. 21.02.73 by a Constitution Bench of five Judges. The facts of the case decided by Apex Court are identical with the facts of the instant case. The relevant portion of the decision is extracted below:

“In the result the petition is allowed and it is directed that the revised pay scales of the petitioners will have effect from July 1, 1959, in accordance with the recommendations of the Pay Commission. We further direct that the petitioners should be paid the amount payable to them as a consequence of the revision of the pay scales with effect from July, 1959. The petitioners will have the costs of this petition.”

25. The aforesaid decision has attained finality and is binding on all concerned under Article 141 of the Constitution. The pay scales granted on 21.04.04 vide OM F. No. 6/37/98-1C to the Superintendent of Central Excise ought to be granted w.e.f. 01.01.96, the date from which the recommendations of 5th CPC were implemented. The aforesaid both decisions of Hon’ble Delhi High Court have also assumed finality and are binding on all concerned.

26. It is also submitted that the pay scale of the Superintendents of Central Excise (now CGST), Superintendents of Customs, Appraisers of Customs and Income Tax Officers was revised to Rs. 7500-12000/- from Rs. 6500-10500/- and also of Inspectors of Central Excise, Preventive Officers of Customs, Examiners of Customs and Income Tax Inspectors to Rs. 6500-10500/- from Rs. 5500-9000/- prospectively w.e.f. 21.04.04, i.e., from the date of the issuance of the common order vide OM No. 6/37/98-IC Dt. 21.04.04 of the Department of Expenditure. Needless to say that all officers affected by the OM F. No. 6/37/98-IC Dt. 21.04.04 are equally positioned.

27. It is also worth to mention that the various Hon’ble courts have already ordered to implement the OM No. 6/37/98-IC Dt. 21.04.04 of the Department of Expenditure w.e.f. 01.01.96 as eneumerated below-

(i) OA No. 86/2008, 323/2012 and 345/2021 by Bombay Central Administrative Tribunal.

(ii) OA No. 884/2017, 936/2017, 65/2018, 168/2018 and 40/2019 by Ernakulum Central Administrative Tribunal.

(iii) OA No. 397/2009 and 350/1585/2023 by Kolkata Central Administrative Tribunal.

(iv) WPCT 21/2015 by Kolkata High Court.

(v) WP No. 9649/2012 by Bombay High Court.

(vi) OP (CAT) No. 1/2023, 132/2023, 133/2023, 139/2023, 167/2023, 173/2023 and 175/2023 by Ernakulum High Court.

(vii) OA No. 21/1089/2019, 1088/2019, 987/2019, 1026/2019, 1027/2019, 1084/2019, 1085/2019, 1086/2019, 1087/2019, 212/2020 & 213/2020 by Hyderabad Central Administrative Tribunal.

 28. In view of the above, it is very much requested to kindly consider the above submissions sympathetically for the sake of justice and give the retrospective effect to the enhanced pay scale of the Central Excise Superintendents w.e.f. 01.01.96 instead of 21.04.04 by implementing the OM F. No. 6/37/98-IC Dt. 21.04.04 from 01.01.96 with all consequential benefits with due interest at the rate of interest at least of GPF. The copy of the representation of the Association submitted vide Ref. No. 81/R/16 Dt. 26.06.16 is also enclosed herewith.

29. It is also requested to give an appointment to the Association to enable making the due submissions in person for more clarity and also treat this representation as Notice of the Contempt of the Hon’ble Central Administrative Tribunal, Principal Bench, New Delhi in the matter.  

            Thanking you,

Yours sincerely,

Encl: As above (Copy of Ref. No. 81/R/16 Dt. 26.06.16 of Association).                                 

(HARPAL SINGH),

Secretary General.

Copy to the Cabinet Secretary, President House, New Delhi: With the request for necessary action.