Address for Communication

26/1, Mahatma Gandhi Road, Central Excise, Annex Building, Nungambakkam, Chennai - 600 034.


AICESTMOA

BREAKING NEWS - DPC FOR PROMOTION TO CAO FOR THE VACANCY YEARS 2010-11, 2011-12 & 2012-13 HAS BEEN CONDUCTED ON 30.10.2014 & 31.10.2014 AS SCHEDULED.Blogger Tips and Tricks

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Many of our members are wondering as to why the promotion order of Chief Accounts Officer (CAO) is getting delayed so much. We fully share the anxiety. The fact remains that the concerned file has duly been processed for approval of the Competent Authority and we are also trying on our part in best possible manner. Meanwhile, our Comrades of Bangalore have met Ms. Joy Kumari Chander, Hon'ble Member (P&V) today at Bangalore. Member (P&V) was very kind to give a patient hearing despite her busy schedule. The issue of present promotion order and the next DPC for CAO for the years 2013-14 and 2014-15 have been represented today also. I request our friends at various zones to see that all requisite information relating to updation of Seniority List of CAO, ACR/APAR etc. (whenever calls for) are sent at the earliest. Meanwhile, I have received many representations from some of the zones, urging for the Association to take up some issues with the Board for immediate redressal. The issues basically centre around the problems, being experienced in various zones in the matter of promotion to various posts. The hype created before CR seems to have not been fulfilled, resulting in accumulation of grievance among our members. The main problem area after implementation of Cadre Restructuring has been the preserved confusion on appropriateness of length of qualifying service for effecting the promotion to the post of Inspector against the additional strength. We are trying to resolve the impasse that exists in some of the zones in an appropriate manner. Promotion to the grade of Tax Assistant (TA) has also been halted in many zones owing to notification of new Recruitment Rule dated 10.01.2014. The qualifying service has been lengthened and educational qualification has been raised. We had earlier taken up this issue and have been following it up. We will continue to do so with greater thrust. Also, it is informed that even the regular promotion Senior Tax Assistant (STA) is not implemented in some of the zones, citing the fact that STA and DOS (Deputy Office Superintendent) posts have been merged as Executive Assistant (EA). It has been clarified by the Board and DoP&T in the past that a post only to be considered to be created once the Recruitment Rule (RR) of such post is notified. Any RR does not become infractuous automatically only through an executive order. It will continue to be effective till new Rule is notified in its place through laid-down process and after the approval of the Competent Authority. Therefore, wherever such problem has cropped up, it is suggested that the zonal administration may be requested to take note of the above facts and appreciate that the Recruitment Rule (RR) of STA and DOS are still in vogue, till the RR of Executive Assistant (EA) is notified. This Association is also alive to the need for some relaxation in Recruitment Rule of Inspector in terms of qualifying service and other conditions. There shall be considerable number of vacancies which will not be filled up for want of eligible officers in the feeder post. In order to impress upon the Board, we need data on number of posts, lying vacant after first phase of DPC, post Cadre Restructuring. I request to all the zonal leaders to mail me (Email Id : pramanik.ashim4@gmail.com) the following information of their zones at the earliest:- 1. Name of the zone : ........................................................ 2. Number of vacancies in Promotee Quota (PR Quota) of Inspector as on 31.07.2014 (pre-cadre restructuring) : ................................................... 3. Number of additional posts sanctioned in the PR Quota through Cadre Restructuring as on 01.08.2014: .................................................... 4. Number of posts filled up after Cadre Restructuring (CR) against Point No.2: ................................................ 5. Number of posts filled up after Cadre Restructuring (CR) against Point No.3: ................................................. 6. Number of pre-cadre restructuring vacancies (Point No.2 - Point No.4): .......................................................... 7. Number of post-cadre restructuring vacancies (Point No.3 - Point No.5): .......................................................... It will be highly appreciated if the above data is made available with this association, so that the issue of relaxation can be taken up with the Board in a much stronger manner. The implementation of the judgmment of Hon'ble CAT Chandigarh bench dated 17.03.2010 on promotion of officers beyond the age of 50 years to the post of Inspector, has not been uniformed all over the country. We tried hard to get a clarification from the Board to pave the way for implementation in every zone. The said clarification has been issued on 03 Nov, 2014 (to see the order click here) which will be of great relief to many of our members.

Sunday, February 28, 2010

BRIEF LIST OF ISSUES BEING PURSUED BY THE FEDERATION

Dear Comrades,
The undersigned has been receiving request from various members seeking an update regarding the issues being pursued by the Federation in the Board's Office. Therefore, it was felt to update the same on the website. The issues in brief, as communicated to the Board, is placed hereunder for information of the members.
With regards,
Thomas Mony,
Secretary General.
REDESIGNATION OF UDC (SPECIAL PAY) AS STA

Ref No. AICESTMOA/10-06.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.

(Kind Attn : Deputy Secretary, Ad.III A)
Respected Sir,

Sub : Re-designation of UDC (Special Pay) as STA – Withdrawal of Board’s instruction dated 09.10.2007 - regarding.
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Kind reference is invited to the numerous correspondences made on the subject matter which is pending decision till date. (copies enclosed for ready reference please)

2. Consequent upon issuing implementation orders in the case of Rashmi Arolkar V/s. UOI issued vide F.No.A.32018/1/2007-Ad.III A dated 09.10.2007, the Board had preferred a Special Leave Petition in the Hon’ble Supreme Court of India against the Hon’ble Chennai High Court order which came up for hearing on 04.04.2008 and directions were given by the Hon’ble Supreme Court to operate the disputed Recruitment Rules, under the condition that there would be no reversions.

3. The Board had further issued directions vide F.NO.A-23020/07/2007-Ad.III A dated 7th April, 2008 and 10th Sept’ 2008 to take necessary action to fill up the vacancies available in the promotion quota in the cadre of STA and Inspector as per the existing Recruitment Rules. Since no Executive Instruction can whittle down a statutory Recruitment Rule in force and considering the fact that the Recruitment Rules are being defended by the Central Board of Excise and Customs in the Hon’ble Supreme Court of India with the condition that there would be no reversions, it is once again requested that the interim orders of the Hon’ble Apex Court be followed in the right spirit, by withdrawing Board’s order dated 09.10.2007 till a decision is arrived at in the Seniority case.

4. It is also pertinent to mention here that some Commissionerates have reverted UDC (Special Pay) re-designated as Senior Tax Assistant to the grade of Tax Assistant whereas many Commissionerates have not reverted similarly placed officers owing to the relief granted by the Hon’ble Supreme Court of India and hence Board’s uniform directions in this regard is solicited please.

Anticipating positive response on the above mentioned request, I remain,
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL
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REQUEST FOR LIFTING OF BAN ON INTER-COMMISSIONERATE TRANSFER

Ref No. AICESTMOA/10-08.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.
(Kind Attn : Deputy Secretary, Ad.III A)
Respected Sir,
Sub : Lifting the ban on Inter-Commissionerate Transfers - request thereof.
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A settled decision of allowing Inter-Commissionerate Transfers in the various Group ‘C’ and ‘D’ posts based upon Board’s instructions dated 1980 has been unsettled by the Board by issue instructions to ban ICT w.e.f. 19.02.2004.

2. Inter-Commissionerate Transfers till 19.02.2004 were governed by Board’s earlier instructions contained in F.NO.A.22015/34/80-Ad.III B dated 20.05.1980 which clearly stipulated that the seniority of the transferred official would be fixed at the bottom of the respective seniority list. In other words, there was no protection of seniority and this instruction of the Board has stood the test of time and has been upheld by the Hon’ble Apex Court in a catena of decisions. However, the said consistent stand of the Department till 19.02.2004 has been changed owing to some Tribunal decision, which might not have been defended properly at the relevant point of time, because of which a haphazard decision was arrived at, to ban Inter-Commissionerate Transfers, though statutory provisions in the Recruitment Rules does provide for permanent absorption. Executive instructions cannot whittle down statutory provisions and therefore expecting legal relief on the unwarranted decision would prove futile.

3. More agonizing is the fact that the Board in its own wisdom chose to relax ICT ban on spouse grounds and portrayed its bounteousness by granting seniority to the officers who are getting transferred on spouse grounds without any mention whatsoever as to whether the said instruction superseded the Board’s earlier instruction dated 20.05.1980 or otherwise. While the said instruction is contradictory to earlier instruction dated 20.05.1980 as regards seniority is concerned and is also very silent about its retrospective or prospective application, the same has put the Board in a tight spot and would trigger fresh litigations which would be difficult to defend.

4. Considering the fact that there is a huge imbalance prevailing in the various Group ‘B’, ‘C’ and ‘D’ cadres, post restructuring, in the respective zones under Central Board of Excise and Customs and the fact that ICT terms and conditions stipulated vide Board’s instructions contained in F.NO.A.22015/34/80-Ad.III B dated 20.05.1980 has stood the test of time, a request is once again made to the Board to lift the ban imposed on effecting Inter-Commissionerate Transfers on Compassionate grounds, with the condition that the provisions incorporated by the Board in its instructions dated 20.05.1080 would prevail.

5. Hoping that the Board would consider the above mentioned request wisely rather than ignoring the same, time and again, as this would be in the overall interest of the Board.
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL
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REQUEST FOR RELAXATION FOR PROMOTION TO THE GRADE OF INSPECTOR
Ref No. AICESTMOA/10-09.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.
(Kind Attn : Director, Ad.III B)

Respected Sir,
Sub : Granting Height relaxation for promotion to the grade of Inspector – reg.
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Kind reference is invited to Board’s recent letter whereby information was called for from the field formations to ascertain the number of officers who have been awaiting relaxation in Height parameter inorder to be considered for promotion to the grade of Inspector.

2. The Recruitment Rule for Inspector, Central Excise has been notified vide GSR No.494 dated 07.12.2002 which has been classified as General Central Service, Group ‘C’ Non-Gazetted, Non-Ministerial and the said Recruitment Rule has not been superseded and still in existence. As per DOP&T’s instructions issued vide CD.14017/10/85-Estt.(RR) dated 21.03.1985 and 05.06.1985, the respective Ministries/Departments have been delegated powers to frame/amend/relax provisions in the Recruitment Rules for Group ‘C’ and ‘D’ posts.

3. Considering the fact that numerous promotee quota vacancies in the post of Inspector are lying unfilled in many zones throughout the country, it would be in the interest of the Department that the relaxation proposed to be granted is done so at the earliest, which is a positive step initiated by the Department, thereby facilitating filling up of vacancies prior to embarking upon massive exercises like reorganization, GST etc. Moreover, the age old requirement to fulfill the said physical parameters as laid down in the Inspector Recruitment Rule is found to be obsolete, as the Department is more or less audit related and physical control is minimized to the maximum possible, thereby creating the need to re-look into the said issue with a broader perspective.

4. Anticipating grant of an early relaxation, I remain,
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL

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REQUEST FOR RELAXATION IN QUALIFYING SERVICE FOR PROMOTION TO THE GRADE OF INSPECTORS

Ref No. AICESTMOA/10-10.
Pune, the 22nd Feb, 2010.
To,
The Hon’ble Member(P&A),
Central Board of Excise & Customs,
Ministry of Finance, Deptt., of Revenue,
North Block, NEW DELHI.
(Kind Attn : Deputy Secretary, Ad.III A)
Respected Sir,
Sub : Granting relaxation in qualifying service for promotion to the grade of Inspector..
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The Recruitment Rule for Inspector, Central Excise notified vide GSR No.494 dated 07.12.2002 and classified as General Central Service, Group ‘C’ Non-Gazetted, Non-Ministerial has not been superseded and is still in existence. As per DOP&T’s instructions issued vide CD.14017/10/85-Estt.(RR) dated 21.03.1985 and 05.06.1985, the respective Ministries/Departments have been delegated powers to frame/amend/relax provisions in the Recruitment Rules for Group ‘C’ and ‘D’ posts.

2. Based upon the said DOP&T’s delegation of powers to the respective Department, this Association takes the opportunity to put forth the following facts for your kind information and suitable orders in this regard.

a. Prior to Cadre restructuring, the cadre of Tax Assistant, Upper Division Clerk and Lower Division Clerks were eligible to be considered for promotion to the grade of Inspector.
b. Post Cadre restructuring, all the stagnating Lower Division Clerks had to forego their numerous years of dedicated service put in the Department, only to get an alleviation to the grade of Tax Assistant and face the second round of stagnation owing to the mandatory 10 years eligibility condition laid down in the Inspector Recruitment Rule.
c. Owing to the deemed promotion, all the Lower Division Clerks, irrespective of the years of service put in, were either notionally promoted as Upper Division Clerks w.e.f. 2001 or 2002 and thereafter re-designated on 05.05.2003 or promoted as Tax Assistant during the year 2003.
d. As per Clause (c) under Column 12 of the Schedule to Recruitment Rule of Inspector, Central Excise, eligibility of Tax Assistants is not less than 10 years service including he service to be included for this purpose under the provisions of the rules regulating the method of recruitment to the post of Tax Assistant.
e. The Lower Division Clerks who had put in ample years of service were granted deemed promotion as Tax Assistant in 2003 and they put in only more than 6 years of service owing to which they are not eligible for promotion to the grade of Inspector.
f. Further, as per Clause (b) under Column 12 of the Schedule to Recruitment Rule of Inspector, Central Excise, eligibility of Senior Tax Assistant to the grade of Inspector is two years of regular service. Since numerous Tax Assistants throughout the country have been promoted as Senior Tax Assistants during the past two years, and as they have not completed 2 years of service as STA, they too are not eligible to be considered for promotion to the grade of Inspector.

3. It would be pertinent to mention here that though ample vacancies are existing in the promotee quota of Inspector, the same cannot be filled up for want of eligible officers as per the provisions incorporated in the Recruitment Rule of Inspector.

4. As per Rule 6 of GSR 494 notified on 07.12.2002, the Central Government is competent to relax any of the provisions of the rules with respect to any class or category of persons. Prior to cadre restructuring, Lower Division Clerks with 11 years service in the grade and 2 years as UDC were eligible for promotion to the grade of Inspector. On a similar analogy, Lower Division Clerks who have put in nearly 10 years service were granted deemed promotion to the grade of Tax Assistant during the year 2003, consequent upon which they have been working as Tax Assistant for more than 6 years, thus taking the total span of service to 16 years.

5. Considering the fact that the Department is required to meet the growing demands of the user-clients for much higher levels of facilitation, reliance on technology and having a motivated, committed and trained workforce, for which massive exercise of reorganization is being embarked upon by the Board, the said objectives obviously cannot be met with, by having a workforce which is low in morale and deprived of opportunities for a proper career building.

6. In view of the facts narrated above, the Board may like to grant a one time relaxation of 4 years in the qualifying service of Tax Assistants for being considered eligible for promotion to the grade of Inspector, including 2 years relaxation in the grade of Senior Tax Assistants, thereby ensuring that all the seniors i.e. Senior Tax Assistants with 1 ½ years or 6 months etc., etc., as the case may be, but who are senior to the Tax Assistants are also considered for promotion alongwith their juniors, who would be availing of the benefit likely to be granted by the Board, thus boosting their morale.

7. This Association is seeking the above mentioned relief for a majority of its members as a one time measure for the crucial fact that once the new Inspector Recruitment Rule is notified as a Group ‘B’ post, the Board would not be competent to relax the provisions of the said Recruitment Rule, once notified as it would fall in the jurisdiction of external Departments like DOP&T, UPSC etc., etc. and thereafter obtaining relaxations immediately on notification of new RRs would be next to impossible thereby resulting in non-filling of Inspectors vacancies and leaving behind frustrated and depressed officers to cater to the Departmental requirements.

8. Hoping that the Board would consider the genuine submissions put forth by this Association and anticipating a one time relaxation for its members before the advent of reorganization and introduction of GST, thereby boosting the morale of many officers in the Department.
Yours faithfully,
Sd/-
(THOMAS MONY)
SECRETARY GENERAL
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4 comments:

Ramnath said...

congratulations for the efforts and success on getting recognition for the federation. Today, I have emailed representation prepared by me for grant of 4600 gpay for DOS post. You may add any points for submission by other members who are DOS spread all over the country.
Ramnath

radhakrishnan said...

In the letter addressed to Chairman CBEC the secy.gen mentioned that all LDCs notionally promoted as UDCs. But I could not become UDC since I completed only 4 years instead of the required 7 years even though I was confirmed and passed departmental examination. I request the Secretary General to take up with the Board at the highest level the one time relaxation of qualifying service by 3 years for the notional promotion of UDC with effect from 31.12.2002 or by April 2003 with the result TA redesignation from 5.5.2003. This one time relaxation will benefit LDCs of old recruitment rules 1979 well above DEO in Seniority if the Supreme court rules in our favour. It will also ensure that for LDCs, UDC seniority counts from December 2002. -S.Radhakrishnan, TA

KONOOR M said...

Can u give information regarding ONE TIME RELAXATION IN PROMOTION OF LDC TO UDC from the period from 1999 to 2004 and also promotion to Inspectors

balu said...

Dear Mr. Konoor,

As per the available information, it is learnt that the one time relaxation for promotion from LDC to UDC (relaxation of qualifying service from the mandatory 7 years to 4 years), which will benefit the 98 batch LDCs is under consideration, based on some representations received from Chennai. But one has to wait and see for the further outcome on the subject.

Do give your email id and I will let you know the full details on the issue..

regards,
Balu