Address for Communication

15/1, Strand Road, Custom House, M.S. Building, 3rd Floor, Kolkata - 700001.


AICESTMOA

HAPPY NEW YEAR 2015 - MAY THE NEW YEAR FILL UP DAYS WITH ALL THINGS THAT ARE NICE AND BRIGHT – HERE IS WISHING YOU A LOVELY 2015Blogger Tips and Tricks

WELCOME

Dear Comrades, In continuation to my earlier message on 19.12.2014 let me share some of the details on each of the following issues which were taken up during our last visit to Delhi:- 1. Promotion to Chief Accounts Officer (CAO) and updating of Seniority List of Administrative Officers: While it is necessary to update the Seniority List of Administrative Officers, but the same should not be linked with holding of the next DPC of CAO. It was emphasized that Senior Administrative Officers are retiring every month without getting the promotion, despite availability of vacancy in the post of CAO. We have made a submission on this front (Click to see the copies of letters no. 1.Member(P&V) -Page1 & Page2, 2.JS(Admin.) and 3.Chairman). Member (P&V) was in agreement with our suggestion and assured that necessary action will be initiated to hold the DPC for promotion to CAO on the basis of the final Seniority List of Administrative Officer (updated upto 2008). The Member (P&V) has also assured to see that the Seniority List of Administrative Officer is updated on receipt of full facts from the zone (reports were pending from Mumbai, Chennai and DG Inspection as on date). 2. Promotion to the post of Inspector: This Association has made two separate submissions (Click to see the copies for relaxation letters no. 1.Member(P&V) and 2.DGHRD) and (also Click for Retention clause letters no. 1.Chairman, 2.JS(Admin.) and 3.Member(P&V)-Page1 and Page2, one on relaxation of provisions of the existing Recruitment Rule and the other on incorporation of “Retention” clause in the forthcoming Recruitment Rule of Inspector. The issues were discussed at length with Member (P&V), Deputy Secretary, Ad.IIIA & Ad.IIIB and Under Secretary, Ad.IIIA & Ad.IIIB. It was assured that the same will be examined. We need to follow rigorously on this front. I request the zonal leaders to come forward and make a concerted effort. 3. Operation of existing Recruitment Rule of Senior Tax Assistant (STA): It has been the phenomena in most zones that the additional posts created in Executive Assistant (EA), are not being filled up for want of Recruitment Rule of EA etc. It was requested to issue a clarification on this front (Click to see the copies of the letters no. 1.Chairman, 2.JS(Admin.) and 3.Member(P&V)-Page1 & Page2). The fact remains that the existing Recruitment Rule of STA is still in vogue till the RR of EA is notified and it was requested to operate that RR to fill up the vacancies. The response was also positive and we expect some clarification from the Board. 4. Relaxation/Amendment in the Recruitment Rule of Tax Assistant (TA): We have been making this request for quite some time to amend/relax the Recruitment Rule of TA to facilitate promotion from LDC. Board has also assured earlier to consider this request. We once again made similar request to Member (P&V) (Click to see the copies of the letters no. 1.Chairman-Page1 & Page2, 2.Member(P&V)-Page1 & Page2). As tried to impress upon you that issues are required to be followed up on a regular basis to ensure some result. We are certainly lacking on this front. We don’t have the organization manpower to run an effective show at this moment. Thus it is imperative to induct some broadminded, energetic and willing person in the field of All India Association. I have already told you that All India Convention is likely to be held in Hyderabad in 2nd or 3rd week of April, 2015 to come and join us there.

Wednesday, September 8, 2010

Letter to Revenue Secretary requesting to lift the Ban on ICT

ALL INDIA CENTRAL EXCISE AND SERVICE TAX MINISTERIAL OFFICERS’ FEDERATION
Pune, 08.09.2010
Dear Members,

Placed hereunder is a copy of the letter submitted to the Revenue Secretary, requesting for relaxation of the ban imposed on ICT for all as was available prior to 2004, for information.
* * * *

Ref No. AICESTMOA/10-26.
New Delhi, the 15th Sept. 2010

To,
Shri. Sunil Mitra, IAS,
The Hon’ble Revenue Secretary,
Government of India, Ministry of Finance,
Department of Revenue,
North Block, New Delhi.

Respected Sir,


Sub : Lifting of Ban on Inter-Commissionerate Transfers –
Reducing the series of litigations related /VIP references  – reg.
* * * * *


Being given to understand that based upon the Hon’ble Finance Minister’s orders a Committee is being constituted by the Central Board of Excise & Customs, this Association wishes to highlight a decision taken by the Central Board of Excise & Customs that has triggered off a series of fresh litigations, which decision, if reconsidered, would definitely reduce ample pending litigations as well as tackle the numerous VIP references pending consideration by the Board in the matter relating to grant of Inter-Commissionerate Transfers, which was prevailing in CBEC from 1980 onwards and had withstood judicial scrutiny for more than 2 decades & attained finality.

2. Kind reference is invited to a copy of Circular issued by the Central Board of Excise & Customs vide F.No.A.22015/3/2004-Ad.III A dated 19.02.2004 by which the Inter-Commissionerate Transfers of Group ‘B’, ‘C’ and ‘D’ officers were banned. The very reason for imposing ban on Inter-Commissionerate Transfers of Group ‘B’, ‘C’ and ‘D’ posts was issuance of a judgment delivered by the Central Administrative Tribunal, Principal Bench in O.A.No.2475/2002 dt.11th Nov, 2003 filed by Shri.Ghasi Ram Meena and others V/s. Union of India (copy enclosed) and its All India Ramifications post implementation of the same.

3. The issue raised before the Principal Bench of Central Administrative Tribunal, New Delhi was regarding the eligibility of transferee Inspectors, who had joined the Central Excise, Delhi Commissionerate on Inter-Commissionerate basis from other Commissionerates as per Board’s instructions dated 20.05.1980 and were placed at the bottom of the seniority list of Inspector, for promotion to the grade of Superintendent, which is a Group ‘B’ Gazetted post. The eligibility of Inter-Commissionerate Transferees possessing the desired qualifying service as incorporated in the respective Recruitment Rule was already decided in a catena of cases by the legal body and the Board has been well aware of the same w.e.f. 23rd May, 1997 i.e. the date of acceptance & issuance of instructions vide F.No.C-18012/4/97-Ad. II B clarifying that “the service rendered by an Inspector in his parent Commissionerate will count only for the purpose of determining his eligibility service for promotion to the next higher post in the transferred Commissionerate”. The DOP&T (which is the nodal Ministry) vide its O.M.No.AB.14017/12/87-Estt(RR) dated 18th March, 1988 had suggested to all Ministries/Departments that a suitable ‘Note’ may be inserted in the Recruitment Rules to the effect that senior who have completed the probation period may also be considered for promotion when their juniors who have completed the requisite service are being considered. The DOP&T had empowered all the Administrative Ministries/Departments to amend all the service rules/Recruitment Rules to incorporate the ‘Note’ as mentioned above. Unfortunately, the Recruitment Rule of Superintendent, Central Excise drafted and Notified by the CBEC suffers from non-incorporation of this ‘Note’ owing to which the junior most Inspectors who had come on Inter-Commissionerate Transfer basis and who possessed 8 years qualifying service were required to be promoted as Superintendent, Central Excise, ignoring the seniors who were short of the requisite qualifying service thus leading to a ban on ICT in all the Group ‘B’, ‘C’ and ‘D’ posts.

4. The implication of the said Principal Bench judgment was that a junior officer from the reserved category, who came in the zone of consideration of 5 times was considered eligible for promotion to the grade of Superintendent, Central Excise and promoted whereas all the seniors who had not completed the prescribed qualifying period of service i.e. 8 years were not considered for promotion. The said situation is an isolated one and is applicable only to Group ‘B’ posts owing to non-inclusion of the said ‘Note’ as proposed by DOP&T in the Recruitment Rule of Superintendent and the ramifications of the Principal Bench of Central Administrative Tribunal, New Delhi is not applicable to those posts wherein the Recruitment Rules prescribe the provision of considering seniors alongwith juniors owing to the incorporation of “Note” vide GSR. 1248 of 1984 and hence the ban on Inter-Commissionerate Transfers of Group ‘C’ and ‘D’ posts is bad in law.

5. Further, the said ban has been imposed in violation of the provisions incorporated in the Recruitment Rules of Inspector, Central Excise as well as that of Tax Assistant, thereby violating Article 14 & 16 of the Constitution of India. Subsequent upon the ban imposed, litigations were on the rise, challenging the arbitrary action of the Central Board of Excise and Customs. While the said situation continued till 2009, the CBEC vide F.No.A.22015/19/2006-Ad.III A dated 27th March, 2009 issued directives to partially relax the earlier instruction dt. 19.02.2004 by allowing Transfers in Group ‘B’, ‘C’ and ‘D’ posts from one Cadre Controlling Authority to another on spouse grounds, without any loss of seniority. Ironically it is to add that the said directive dated 27.03.2009 does not supersede the earlier instructions issued vide letter dated 20.05.1980 nor does it have any mention about a retrospective or prospective applicability thereby leading to utter chaos in the various field formations under Central Board of Excise & Customs. This decision has also triggered off a series of fresh litigations, and the Tribunal, Ernakulam Bench has quashed the operation of the seniority clause in the said order. There has been a considerable increase in the number of Court cases on Inter-Commissionerate Transfers which could have been avoided, incase the Central Board of Excise & Customs maintained the earlier settled stand taken during the year 1980 in effecting Inter-Commissionerate Transfers, by placing the transferred official in the bottom of seniority list. The said decision of placing transferred officials in the bottom of the seniority list has been a matter of protracted litigation ever since 1980 and the Hon’ble Supreme Court of India has also upheld the principles laid down by the CBEC in a catena of decisions.

6. In view of the above factual circumstances of the case and considering the fact that there is an increasing number of VIP references too alongwith your Honour’s keenness in reducing litigations/avoiding fresh litigations, the following relief is hereby being sought for, so that litigations filed in various legal forums throughout the country challenging the ban on ICT & the partial lifting of ban with seniority protection on spouse grounds are put to an end in CBEC.

RELIEF SOUGHT FOR :-
a) The Board’s letter F.No.A.22015/3/2004-Ad.III A dated 19.02.2004 may kindly be superceded by lifting the ban imposed on Inter-Commissionerate Transfers in the various Group ‘B’, ‘C’ and ‘D’ posts, & may be brought in consonance with Board’s instructions dated 20.05.1980 in respect of those posts the Recruitment Rules of which have the ‘Note’ of senior-junior clause incorporated in it.

b) The Board’s letter F.No.A.22015/19/2006-Ad.III A dated 27th March, 2009 may be amended partially by withdrawing the seniority protection clause and the same be brought in consonance with Board’s earlier instructions dated 20.05.1980 thereby ending the conflict prevailing in Inter-Commissionerate Transfers from one zone to another.

c) The CBEC may consider incorporating the said junior-senior ‘Note’ in the Recruitment Rule of Superintendent thus avoiding supercession in matters of promotion.

8. Anticipating your Honour’s personal intervention in the matter and seeking directives for an early re-consideration of the matter for which the entire Group ‘B’, ‘C’ & ‘D’ employees under Central Board of Excise & Customs would be ever grateful.

Yours faithfully,
(THOMAS MONY)
SECRETARY GENERAL

No comments: