Dear DOS of Central Excise & Customs,
Pl. represent against the merger of DOS with STA and creation of new post Executive Assistant by stripping off the 3% Increment already available to DOS on promotion from STA.
From
Dy. Office Superintendent Central
Excise : .
________Commissionerate.
To
The Chairman,
Central Board of Excise & Customs,
North Block, New Delhi – 110001. (Through proper channel)
Respected Sir,
Sub:- Request for
revoking merger of DOS & STA post into Executive Assistant in PB-2 with
Grade
Pay of Rs.4200 & for maintaining separate identity of DOS with Grade pay
of Rs.4600 being supervisory post (Group B Non-Gazetted) in the
CBEC Cadre
Restructure – Regarding.
---
With due respect
I, the undersigned, would like to invite your kind attention to the letters
F.No.A-11019/08/2013-Ad.IV dated: 18th December, 2013 and 1st
August, 2014 of CBEC, New Delhi
notifying the existing posts and posts approved for creation & re-organization
of field formations under CBEC alongwith revised cadre strength respectively.
2. In this regard, we submit that it is
unfortunate that a new post has been created in the name of Executive Assistant
in PB-2 with Grade Pay of Rs.4200 by way of
merger of two posts i.e., (i) Dy. Office
Superintendent in supervisory cadre (Gr. B-Non Gazetted) with that of its
feeder cadre i.e., (ii) Senior Tax Assistant (Gr. C ) working in the
subordinate offices under CBEC (Recruitment Rules, 2009 for DOS & Senior
Tax Assistant, 2003 refers).
3.1 It is submitted
that the Senior Tax Assistant (known as STA) is a subordinate post governed by
Senior Tax Assistant Recruitment Rules 2003 with the Grade Pay of Rs.4200 in
Pay Band-2. The nature of duties and
responsibilities of Senior Tax Assistant is clerical in nature and it is
Subordinate Group `C’ post.
3.2 The Deputy Office
Superintendent (known as DOS) is a Supervisory post (Group `B’
Non-Gazetted) governed by Recruitment
Rules 2009 the Grade Pay of Rs.4200 plus 3% Increment in Basic Pay in the Pay
Band-2. The duties &
responsibilities discharged by the Dy. Office Superintendent carry greater
responsibilities we well as supervisory and administrative control of Lower
Division Clerk, Tax Assistant and Senior Tax Assistant for all purposes and
also acts as Report Officer for all these subordinate posts. The Deputy Office Superintendnet shoulders
higher supervisory responsibilities and also initiate the Annual Performance
Appraisal Reports (APARs) for the LDCs, Tax Asstts.and Sr.Tax.Asstts. working
under them as per Board’s F.No.A-28011/2/75-Ad.III A dt.16th December 1975. In view of such a requirement, the DOS are
cast with the responsibility of overseeing, monitoring and reporting of Group-C
staff working under them and thus they have supervisory responsibility which is
not tagged to STAs. STAs as such do not
have any supervisory responsibilities in the department and they need not
oversee the work of any one. Thus the level of responsibility and nature of
duties of the two cadres are not at all comparable and
therefore the two different posts of STA and DOS therefore cannot be compared
and merged only on Grade pay criterion.
4. Merger posts of
DOS with STA into a new post of Executive Assistant of this kind is devoid of
rationale in view of the following:-
4.1 Drawal of higher Pay (Rs.4200 plus 3%
Increment): Senior Tax
Assistant is given Rs.4200 Grade pay and on promotion to DOS, he is given 3%
Increment in the pay band plus Rs.4200 Grade pay as per OM No.10/02/2011-EIII(A)
dated: 7th January, 2013. The
conditions for grant of 3% Increment for posts carrying same Grade pay
has been stated in Para-2 & 3 of the Order dated: 7th January,
2013 states as under:-
“2. In terms
of this Ministry’s OM No. 169/2/2000-IC dated 24.11.2000, dealing with the
situation whereby both the feeder and the promotional grades were placed in the
identical revised pay
scales based on the recommendations of the 5th Central Pay
Commission, it was provided, inter-alia, that only in cases where it was not
found feasible to appropriately restructure cadres in question on functional,
operational and administrative considerations, extension of the benefit of
fixation of pay under FR 22(I)(a)(1) could be considered on the merits of each
case, provided all the conditions precedent for the grant
of this benefit were fully satisfied and promotion to the post in question
actually involved assumption of higher responsibilities.
3.
In view of the provisions which existed prior to 1.12006., the matter has been
considered and the President is pleased to decide that in cases of promotion
from one post to another where the promotional post carries the same Grade Pay
as the feeder post, the fixation of pay in such cases will be done in the
manner as prescribed in Rule 13(i) of the CCS(RP) Rules, 2008, provided
fixation of pay in such cases was done prior to 1.1.2006 in terms of this
Ministry’s aforesaid OM No.169/2/2000-IC dated 24 11.2000.”
From this, it can be seen that DOS is drawing
more pay than STA by way of 3% Increment alongwith Grade pay of Rs.4200 being
supervisory promotional post carrying higher responsibilities. Usually
any merger/upgradation will only place the higher scale post in the higher
scale of pay or Higher Grade pay. Here in the instant case, by merger of
DOS with STA and creation of new Executive
Assistant, the DOS post is virtually downgraded and suffers degradation in as
much as the only primacy of the only Supervisory post in ministerial cadre gets
extinguished and even financial benefit given on promotion is stripped off and
resulting in the ignominy of erstwhile supervisory personnel to work shoulder
to shoulder with its feeder cadre personnel, which is really agonizing and causing
excruciating mental agony that has been created by resorting to downgradation
and degradation ignoring the fact that
DOS gets 3% Increment plus Rs.4200 Grade pay on promotion from STA.
It is to
be mentioned here that the post of Dy. Office Superintendent is filled up by
way of promotion from the Senior Tax Assistant on completion of 3 years of
qualifying service. Though DPCs were
conducted and Senior Tax Assistants were promoted as Deputy office
Superintendents (post with higher responsibilities), the financial benefit
granted was mere Zero. Only after issue
of letter F.No.A-23011/27/2012-Ad.IIA dated: 21st June, 2013, 3%
Increment is being granted to Senior Tax Assistants on their promotion to DOS
post referring the Department of Expenditure, New Delhi's OM No.10/02/2011-EIII(A)
dated: 7th January, 2013.
Further, it is to be mentioned even this OM
dated: 7th January, 2013 cannot be squarely applied to the case of
STA on promotion to DOS as posts of STA and DOS remained in different Pay
Scales of Rs.5000-150-8000 and Rs.5500-175-9000
respectively with effect from 20.9.2005 and were not in identical pay scale
prior to 1.1.2006 (effective date of 6th Pay Commission) and hence
pay fixation was not done in terms of this Ministry’s aforesaid OM
No.169/2/2000-IC dated 24 11.2000.
Hence, when the posts which are now in same grade pay and which were in
similar identical pay scale prior to 1.1.2006 are given 3% increment, the post
of DOS which was in Rs.5500-175-9000 and STA in Rs.5000-150-8000 prior to
1.1.2006, should be given something in addition to or
higher than 3% Increment which in this case can only be change of Grade pay
i.e., Rs.4600.
4.2 Even MACP is assures Rs.4600 Grade pay
to STA than promotion to DOS (Rs.4200 Gpay + 3% Increment)
It is to be
mentioned here that even a Senior Tax Assistant who remains without promotion
for 10 years in the same post/grade pay is granted Rs.4600 Grade pay on MACP
which is a fall back option. MACP is
granted to the next immediate higher grade pay and not in promotional grade pay
except in the case of Rs.5400 Grade pay which exist in both Pay Band-2 &
Pay Band-3 as per Para-8.1 of MACP Order of DOPT, New Delhi's OM
No.35034/3/2008-Estt(D) dated: 19th May 2009. It appears irrational and illogical that
a person who gets promotion to the post of DOS gets mere 3% Increment and
remains in Rs.4200 Grade pay whereas STA who does not get promotion is able to
get Rs.4600 Grade Pay on MACP. It is
irrational and illogical that promotion benefit is not even matching the MACP
benefit (which merely grants fixation in the next immediate higher Grade pay in
the hierarchical scale of pay).
4.3 Hon`ble Superme Court’s ruling:
The following principles were
enunciated by the Hon`ble Supreme Court of India where different cadres are
proposed to be merged in the case of State Of Maharashtra & Anr vs
Chandrakant Anant Kulkarni & Ors on 8 September, 1981(4SCC 130) in the matter of equation of posts:-
(i) Where there were regularly constituted
similar cadres in the different integrating units the cadres will ordinarily be
integrated on that basis; but
(ii)
Where, however, there were no such similar cadres the following factors will be
taken into consideration in determining the equation of posts:-
(a) nature and duties of a
post;
(b)
powers exercised by the officers holding a post, the extent of territorial or
other charge held or responsibilities discharged; (c) the minimum
qualifications, if any, prescribed for recruitment to the post.
(d) the salary of the post.
All the above guidelines and principles appear to have not been
followed in the Cadre Restructure order dated:
1.8.2014 and the functionally unfeasible merger of the promotional &
supervisory cadre of DOS with that of its feeder and subordinate cadre of STA
has been made by placing posts having same grade pay of Rs.4200. Merger has been done solely on account of
Grade pay parity alone ignoring 3% Increment which is given in addition to
Grade pay to DOS, the nature of functions, duties & responsibilities
discharged by the functionaries in the cadre of Dy Office Supdt., a position
that carries greater responsibilities of supervisory and administrative control over
their subordinate posts i.e., STA, TA and LDC.
Hence, the two different posts of STA and DOS therefore cannot be
compared which have been merged solely on Grade pay criterion.
4.4. Pending cases in
Legal Forums:
Further Original Applications against unjustified pay-parity between these two
posts that carry distinctly different duties and responsibilities has already
been filed and admitted before the Hon`ble Central Administrative Tribunal
Benches at Chennai and Mumbai. By filing
these applications, the applicants (DOS) in these OAs have sought to raise a
substantial question of law as to whether such artificial parity between two
posts for the only purpose of “pay” and by ignoring the “higher” and “superior”
duties of one post over the other is in breach of public policy and public
interest and whether the same violates the settled position in law that equal
pay is meant only for equal positions. The matter is under litigation till
date. When the matter relating to
dispute in Grade pay is still pending before the legal Forums which is sub judice
and the matter relating to Pay is still to be resolved since 1.1.2006 to the date
of Notification of Cadre Restructure i.e., 1.8.2014, resorting to merger of the
posts of DOS and STA into Executive Assistant is hasty, arbitrary, unfair and
unjust as the matter relating to grant of benefit on promotion benefit which is
not even matching the MACP benefit from 1.1.2006 to 1.8.2014 is still to be
resolved.
5. The action
taken by CBEC thus does not pass the test of constitutionality which
particularly implies that the equation/merger of different posts must be based
on fair, just and rational principles. By this merger, the supervisory cadre
personnel who are supervising their feeder cadre personnel have been brought on
the same horizontal plane is nothing but travesty of justice.
6. In view of the
above submissions, it is humbly prayed that this anomaly may please be
rectified and the separate identity of DOS post may please be maintained with
Grade pay of Rs.4600.
Yours
faithfully,
