Monday, March 19, 2012

4600 Grade Pay for DOS of Central Excise & Customs is inevitable - Why?

Dear friends of CE & Customs,

The grant of Rs.4600 Grade pay to DOS of CE & Customs cannot be denied but can only be delayed.   It is going to be the inevitable thing waiting to happen in view of the following:-

1) In CE & Customs Departments, there is single feeder cadre i.e., Senior Tax Assistant (Rs.4200 Gpay) for 2 different channels of promotion to the posts of DOS & Inspector.    Of these two, only Inspector has been granted Rs.4600 Grade pay.     And the legal battle for 4600 gpay to DOS is on.

2) As per 6th Pay Commn Report, merger of 5000-5500-6500 is not possible in CE & Customs Deptt., as there is no single line or promotion.    In departments, where there is single line of promotion, the merger of these scales has already taken place and the effective date is 1.1.2006.

3) The merger if at all thought of by the CBEC, can be only (as per 6th Pay Commn) from 1.1.2006.     But, what will happen to fate of Sr. Tax Assistants who have become Inspectors from 1.1.2006 to till date.    They are to be placed below DOS since 1.1.2006 for Inspector line of promotion (if DOS also want to go for Inspector line, after being made feeder cadre).

4) The General Rule (which cannot be changed) is that Recruitment Rule can be Revised only prospectively and not retrospectively, here I mean from the date of notification and not from 1.1.2006.    Since DOS (if merged with STA from 1.1.2006), they by default DOS becomes senior to STA, naturally they have to be considered for Inspector post also, failing which it will draw the legal intervention.    But, the position is that RR has to be revised from prospective date only, such a merger will be in contravention of the RR position. 

5) In view of the above, if merged, DOS is to be considered for Inspector.   But as per RR, they were not eligible during the post which needs revision which cannot be from retrospective date.    It is is full of  entanglement (as it can not comply with both Merger and RR & will only further complicate the position).

6) Thank the authorities that we in CE & Customs have two different lines of promotion for STA which is the saviour in our case.

In view of the position, the Govt./Department may be dilly dallying the position & can only delay the grant of 4600 gpay but cannot deny.   If the posts are merged, it is inviting further trouble, and finally due to legal intervention, the justice will be made to prevail.

Case of Chennai CAT is posted for hearing on 29.3.2012 before bench.   Govt so far has not filed its counter.


1 comment:

  1. NO need of feasibility for merger of scale. Read the para 2.2.21(v) of the recommendation carefully whether it is feasible then it is O.K. b ut if it is not feasible even then provision of Rs. 4600GP corresponding to the ore revised scale of Rs. 7450 is given for the scale of pre revised scales of Rs.5000-8000 and Rs.5500-9000 merged with the scale of Rs. 6500-10500 as on 1.1.2006 (see example 4B of CCS RP Rules 2008)