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Ramnath
25-05-2010, 11:17 AM
Dear friends of CE & Customs,
Pl. find enclosed my representation for 4600 Grade pay.
From

Deputy Office Supdt.


To

The Chairman,
Central Board of Excise & Customs,
New Delhi.
(Through proper channel)

Respected sir,

Sub: Request for grant of Grade Pay of Rs.4600/- to grade/post of Deputy
Office Superintendent – Regarding.
---

I submit the following few lines for kind perusal and consideration for grant of Grade pay of Rs.4600/- to the post of Deputy Office Superintendent:-

1) Feeder cadre (Senior Tax Assistant) and Promotion Cadre (Dy. Office Supdt.) lie on same Grade Pay:

In Central Excise Department, Senior Tax Assistant (hereinafter referred to as STA with pre revised pay scale of 5000 – 8000) is the feeder cadre and has two channels of promotion namely Deputy Office Supdt. (hereinafter referred to as DOS with pre-revised pay scale of 5500 – 9000) and Inspector of Central Excise (hereinafter referred to as Inspector with pre-revised upgraded pay scale of 6500 – 10500 from 5500 – 9000 from 20.4.2004).
The Ministry of Finance vide F.No.I/1/2008-IC dated 13th November, 2009 granted grade pay of Rs.4600/- to those who had existed in the pre-revised pay scale of 6500-10500 as on 1.1.2006. After implementation of Order dt.13.11.2009, post of only DOS which is also one of the promotional cadres for STA still continue to lie in the same grade pay of Rs.4200 though they very much deserve to be granted 4600 Grade Pay.
As per the Recruitment Rules, STA has to have qualifying service of 3 years if he opts for promotion to the grade of DOS and 2 years of qualifying service if he opts for promotion to become Inspector. Hence, it is logical to assign higher grade pay for a post which requires more years of qualifying service. When promotional post which needs just 2 years of qualifying service has been granted Rs.4600/- (Inspector), the promotional post (DOS) which needs 3 years of qualifying service should be given atleast equal grade pay to that of Inspector I.e., Rs.4600/- even if not grade pay higher than Rs.4600/-.

2) Separate identity of STA to be maintained in the hierarchy:
STA being feeder cadre to both Inspector and DOS, the separate identity of STA to be maintained as merger with DOS as suggested by 6th Pay Commission is not feasible.
The 6th Pay Commission had recommended merger of scales from 5000 to 6500 with 6500 scale of pay for all departments in whole without going through the status of the posts existed in these scales in respective departments, in order to maintain parity between Secretariat and Field offices upto the level of Assistants which was also accepted by the Government. However, because of the merger of scales, the pre-revised scales from 5000 to 6500 came to lie on the same grade pay Rs.4200. Hence, there needs to be revision of Grade pay for DOS to Rs.4600/- as the identity of STA has to be maintained as they have two different channels of promotion. DOS in Central Excise has been the higher supervisory ministerial post next below to Admn. Officer.

3) DOS post were given pre-revised 6500 scale on 1.1.2006:
As per recommendation of the 6th Pay Commission and Orders of acceptance by the Government, posts which existed in 5500 scale were merged with 6500 scale (prerevised) and were granted pre-revised scale of 6500 scale as on 1.1.2006 but with corresponding Grade pay of Rs.4200 as on 1.1.2006. As per Para 1.2.3 of the 6th Pay Commission report, Grade Pay has been normally taken at 40% of the maximum of the pre-revised pay scale. Based on the above, it can be seen that Grade Pay has been arrived at Rs.4200/- based on prerevised scale's maximum i.e., Rs.10500 (6500-10500). By this, it can be seen that scales which were in prerevised scales of 5000 – 8000 and 5500 – 9000 have also been merged with pre-revised scale of 6500-10500, with replacement grade pay of Rs.4200/-, as on 1.1.2006. Hence, as per order dt.13.11.2009, DOS also has to get Rs.4600 Grade pay as they were also placed in 6500 scale (pre-revised) as on 1.1.2006.

4) Parity with Assistants of Central Secretariat Service:
The principle of parity with Assistants of CSS was recommended and accepted by the Government. It is to be mentioned that Assistants of CSS also existed in the scale of pay of 5500 – 9000 as on 1.1.2006 and on acceptance of Pay Commission recommendation they were placed in pre-revised scale of 6500 – 10500 with corresponding Grade pay of Rs.4200/- because of which their upgradation to 6500 – 10500 w.e.from 15.9.2006 was advanced to 1.1.2006. Based on the above, that Assistants of CSS also existed in the pre-revised scale of 5500 which was granted upgraded pre-revised scale of 6500 – 10500 and corresponding Grade pay of Rs.4200, who were again granted grade pay of Rs.4600/- with effect from 1.1.2006 taking them to be in 7450 scale vide Order dt.16.11.2009, the DOS being an equal post with that of Assistants which also existed in 5500 scale, deserve to be granted 4600 Grade pay. It has been accepted by the Government that parity upto the level of Assistants between field offices and secretarit to be maintained. Hence, DOS being analogous post should be extended Grade pay of Rs.4600/- with effect from 1.1.2006.

5) Implementation of 4600 Grade Pay by other Departments:
Though it is mentioned in the Order dt.16.11.2009 extending Rs.4600 grade pay to Assistants of CSS, Departments/Orgainistions like NIC and EPFO which are outside Secretariat have also extended 4600 Grade pay to their officers who were in the pre-revised pay scale of 5500-9000 (copy enclosed).

6) Rulings of the Legal Forums:
Central Administrative Tribunal's Principal Bench at New Delhi Order in OA No.164/2009 and Patna Bench's Order No.505/2008 have given judgements in similar cases of posts which were having historical parity with their counterparts in CSS/CSSS that disparity in pay is violative of Articles 14 and 16 of the Constitution of India and hence the applicants in the respective cases are entitled to the pay bands with Grade pay given to their counterparts in CSS/CSSS.

In view of the foregoing, I request for consideration of the representation favourably.

Yours faithfully,




Date:

badri mannargudi
25-05-2010, 12:10 PM
Dear friends,

A well reasoned and well drafted letter with all the ingradients of a sound Application.

I extend whole hearted Best Wishes to the aggrieved class of DOS in our department.(Central Excise and Customs).

With regards,
Badri

Ramnath
25-05-2010, 12:21 PM
Thank you very much sir. I prepared and have circulated to some in Chennai and Madurai. Here, in LTU, chennai we (5 nos.) have given repn. I don't know how many have represented. I am one of the EC members of Chennai Ministerial Association of CE. I have told in the meeting to explore the legal option if we dont get justice. Let us see what happens.
Ramnath

Ramnath
25-05-2010, 09:18 PM
I request my fellow DOSs who happen to see this, to make a representation. History has been that DOS cadre has been most neglected one. Here, in Chennai, I have been trying to go for legal remedy and waiting for reply from our Federation/Association. We have been told to wait. However, in the event of not getting the same from our Board, it would be easier to get the same thro CAT saying the feeder and promo cadre having the same grade pay. Any suggestions are welcome. You may reply to me in this forum itself and to mail id.
Ramnath
jayanthi_ramnath@yahoo.com

aneesh
25-05-2010, 09:53 PM
I request my fellow DOSs who happen to see this, to make a representation. History has been that DOS cadre has been most neglected one. Here, in Chennai, I have been trying to go for legal remedy and waiting for reply from our Federation/Association. We have been told to wait. However, in the event of not getting the same from our Board, it would be easier to get the same thro CAT saying the feeder and promo cadre having the same grade pay. Any suggestions are welcome. You may reply to me in this forum itself and to mail id.
Ramnath
jayanthi_ramnath@yahoo.com

Sir,

In our office some of the stenos (non supervisory grade) are getting more grade pay than their senior supervisory grade OS. What can be done for this. Details are as follows:

Case 1. UDC 2400 on I ACP GOT 2800 on II ACP got 4200 and then promoted to the post of OS with same GP 4200

Case 2. Steno 2400 on I ACP got 4200 (pre revised scale of 5000) and II ACP to 4600.

Senior Supervisor (OS) getting less grade pay 4200 than Group C Steno. 4600 under MACP

Please suggest remedy

Ramnath
26-05-2010, 02:10 PM
Mr.Aneesh,
The junior drawing more pay logic cannot be brought into in the case of ACP especially, when the promotional cadre has 2 different groups of feeder cadres, no comparison can be made. I presum that OS is filled from people of UDC and Steno. Hence, Steno OS drawing more than UDC OS cannot be compared with. I think my opinion is correct. Any other views of boarders welcome in this regard.
Ramnath

abduljabar
09-01-2012, 12:26 AM
Respected Sir,

I am physically handicapped employee working in the Central Excise Dept. as Deputy Office Supt(DOS),which is a Ministerial Cadre.

In our Department, there are two avenues for promotion viz. (1) Inspector of Central Excise,(Executive Cadre) and DOS (Ministerial Cadre). Usually UDC/TA are feeder cadre for promotion to the grade of Inspector of Central Excise .PH employees in the Department are not allowed to become Inspector and there was only one option to become D.O.S. Ministry of Social Justice vide Notification No.16/25 /NI dated 31.5.2001 identifying the post of Inspector of Central Excise also can be handled by PH employees. As there was no option to become Inspector, I was promoted as DOS. After promulgation of Notification dated 31.5.2001 of Social Justice and Empowerment. I am eligible for the post of Inspector of Central Excise.


My request for becoming Inspector was not acceded to by the Department ,based on the grounds that Notification of Social Justice and Empowerment dated 31.5.2001 was issued only in the year 2001 and is not having any retrospective effect further once promoted to the cadre of DOS, cannot be reverted for purpose becoming Inspector as per CBEC letter F.No.A.32011/10/88.AD.III A dated 10.06.88, which was issued with consultation of Department of Personal and Training.

I filed the case with Central Administrative Tribunal, Chennai, vide O.A.No.381/2005 dated 25.1.06 and passed the Judgment that impugned orders already passed by the Department ,not acceding to my request was set aside and Department is relying upon a General instructions issued vide Ministry’s F.No. A.32011/10/88.AD.III A dated 10.6.88( with consultation of DOPT issued) and stating that while considering such cases, the respondents are expected to take all possible efforts to give equal opportunity to the Physically Handicapped employees and treating the equals as unequals amount to discrimination. Three months time was allowed by the CAT., Chennai to pass the speaking order and O.A.was allowed.

The Department had gone on appeal against the Order of CAT, Chennai vide W.P.NO.13306/06 (W.P.M.P.No.14629/2006) to High Court, Chennai. The High Court, Chennai also upheld the order of the CAT, Chennai and W .P filed by the Department was dismissed directing that no prejudice would be caused for reconsidering the matter afresh and appropriate orders to be passed in accordance with law in force.

The Department vide letter C.No. II/39/131/05 Estt. CCA dated 20.9.06 passed the speaking order negatively stating that as per the CBEC Ministry’s instructions vide letter F. No. B.12017/5/91-AD.III B dated 13.7.1993 and F. No. A.32011/9/95.AD.III A dated 19.4.06, Physically Handicapped persons should not be allowed to the Cadre post of Inspector of Central Excise.

Further vide F .No. A.32011/10/88. AD.III A dated 10.6.88 Finance Ministry had stated that matter of reversion of DOS (LII) for reversion to their substantive grade of U.D.C. for further promotion to the other cadre such as Inspector of Central Excise is not allowable, the decision taken by the Department was issued in consultation with DOPT ,Ministry of Personnel, Pensions, Public Grievances. The same instructions has been reiterated by Ministry of Finance letter F.No.32022/24/92 AD.III A dated 10.9.1992.

3% reservation is not implemented in our Department. Presently, Ministry of Finance (Department of revenue) has issued letter F. No. A.12034/62/2005 AD.III B dated 5.06.2006 and 27.11.06 reiterating that 3% Quota should be reserved for PH persons in the Customs and Central Excise Department for appointment/promotion of Inspector of Central Excise/P.O/Examiner.

In view of the above, my request may be considered for promotion to the grade of Inspector of Central Excise .

I beg to render Justice.

Thanking You Sir,



Yours truly,
M.ABDUL JABAR,
TYPE III/43, CENTRAL EXCISE QRS,
NEW SIDDAPUDUR,
COIMBATORE. 641 044



Email:abduljabar695@gmail.com

Cell 99940 57848