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AICESTMOA

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RUNNING MESSAGE

The emergency executive committee meeting of all India Central Excise and Service Tax Ministerial Officers Association and convention of the Gujarat Unit were held jointy on 23rd January, 2016 at Ahmedabad, Gujarat. In the very beginning Shri Vikas Kumar Gupta, National Organising Secretary, on behalf of the host unit, welcomed the Hon’ble Chief Guest Dr. Manoj Kumar Rajak, Additional Commissioner, Central Excise, Ahmedabad; Guests of honour Dr. Arvind Kumar, Deputy Commissioner, Central Excise, Ahmedabad, Shri Rajesh Kumar, Deputy Commissioner, Central Excise, Ahmedabad; and all the participating delegates from different parts of the country. The name of Shri Ashim Pramanick, the national President of the association was proposed to preside over the meeting. It was seconded by Shri Sankar Kumar Saha, Shri Vikash Kumar Gupta and Shri Indramohan Chaudhury. Everyone sang the national anthem in unison to mark the beginning of the proceedings. Shri (Dr.) Manoj Kumar Rajak, IRS was requested to inaugurate the programme by kindling the lamp and declaring the session open. The President initiated the discussions and gave his inaugural address. He pointed out the fact that it was a great privilege for all of us to assemble on the land of Father of the nation Mahatma Gandhi Ji and that too, on the birthday of another great soul of this country Shri Netaji Subhash Chandra Bose. We should show our respect to the great patriots through our actions as public servant in nation building in our own capacity and at our own level. The Chief Guest and the special guests also expressed happiness for organizing such a meeting at the national level in Ahmedabad. They urged to consider the need of the department and also assured to take forward our issues to the appropriate echelon for suitable disposal. Then the Secretary General thanked the Chief Guest and the Guests of honour for attending the convention and providing the encouragement and impetus to this association. Subsequently, the proceeding of the meeting of the Gujarat committee began. The representatives from various parts of the state of Gujarat posted at different Commissionerates attended the meeting (Link list). The all India association was receiving repeated requests from various Commissionerates and units of the state of Gujarat to give separate affiliations to their local units. It was impressed upon them that an all Gujarat committee be formed because that is expected to strengthen the organization and in that case the number of members would be sizable and in the event of any organizational activity this will help. A small organization cannot take strong step at the time of necessity. So they have to remain united and strengthen the organization. Accordingly, it was decided to hold a meeting at Ahmedabad to form a committee for the entire state of Gujarat. Representatives offered their opinions and after long deliberation and under the supervision of the all India committee, an all Gujarat Committee was constituted unanimously (Link list). Shri Chetan Shah, former Vice-President of the all India Association and now a Superintendent, contributed positively towards formation of an all Gujarat Committee. The committee will represent the ministerial officers posted in the state of Gujarat and they will be affiliated with the All India body and they will provide the assistance to the all India association and also abide by the call of the all India body. The all India leaders expressed satisfaction over the formation of an all Gujarat Committee by full consensus and it was also assured to the Gujarat committee that all assistance will be provided by the all India body whenever required. In the post lunch session, the discussion on all India issues were taken up. The Secretary General initiated the discussion and briefed the delegates about the development of the following burning issues: 1. Recruitment Rules of Executive Assistant and the action taken by the association and their developments. 2. Developments on our efforts on one time relaxation in the Recruitment Rules. 3. Promotion to the post of Chief Accounts Officer. 4. Issues related to pay to be decided following the recommendations of the 7th Central Pay Commission. The Secretary General explained in details as to how this association has taken steps in every moment to protect the interest of the members of this association. All representations were made in time and authorities were approached. Shri Ram Lalit, Liaison Secretary, then briefed the latest status on each of the issues. In fact, Shri Ram Lalit visited Delhi enroute Ahmedabad to take stock of the issues and pursued all the issues at appropriate levels. It was informed that Board is not at all positive and responsive to our requests. The Member (P&V) has given assurances on several occasions on the issues of OTR, EA and CAO DPC. But from the experience, it is found that none of the assurances have been realized. In fact, it was noted with great concern that even the file on One Time Relaxation (OTR) has been kept unattended and nothing is moving and even on the RR of EA board is not taking any action to either amend or give any dispensation to our members. Then the members from different zones deliberated upon the issues (Link name list). They took part in the discussion. They explained the problems being faced by the members. They also suggested to take strong action. The option of agitation was also mooted in the meeting. It was discussed at length. The advantages and disadvantages were also discussed. The option for going for legal battle for Recruitment Rules of EA was also mooted after prolonged discussion. It was decided to adopt a too pronged approach on the issue of RR of EA and TA. We will approach at senior level such as the Secretary, Revenue, Govt. of India and above to apprise of our grievances and particularly the disparity that exists between CBDT and CBEC in the matter of RR of EA and TA. If such efforts fail, then we shall go for agitation. Simultaneously, it was also decided to approach the Principal CAT, Delhi at an appropriate time and after further consultations to redress our grievances on RR. Again on the question on one time relaxation, it was decided to follow the sections as well as at the higher levels. If those efforts fail, then similarly on this issue also the all India association will go for agitation with the assistance of all affiliated units. It was also informed that the association is trying its level best to get the CAO DPC done at the earliest. The efforts put in by Shri V Gurukumar and other Comrades of Hyderabad Unit to do the ground work are remarkable. It was again urged upon to all the delegates present, to see that the reports on VC/IC of the concerned officers of their zone are sent immediately, so that the DPC can take place in a month or two. It was also decided to press hard for publication of the next Seniority List of Administrative Officer and Secretary General explained the efforts taken by this association in this regard. Regarding Pay disparity between the CBDT and CBEC, it was decided to approach Secretary, Revenue and if that fails, other action would also be initiated. Some zones, particularly Mumbai zone reported that the instructions of the Board are not being followed in their zone. They specifically pointed out that the Board’s instruction dated 3rd Nov 2014, clarifying the fact that any officer who has qualified the examination within the age of 50 can be considered even after the age of 50, has not been implemented in Mumbai zone despite several requests even after clarification from the Board. The zone was assured that any assistance required would be extended by the all India body. It was also decided to refer the matter to the Board. The Vizag zone also expressed their problems in details. The zone has given a very vivid picture about the problems being faced by the ministerial officers and also given suggestions to redress such problems. Patna zone highlighted the fact that the order of Hon’ble High Court of Andhra Pradesh in the matter of promotion from erstwhile Group-D to LDC has not been implemented in their zone while that has been implemented in other zones. The zone was also advised to take up the issue appropriately with the zonal authority. They should first get all information on this issue and take up the matter with the concerned authority. All India association will extend the support as and when it is required. It was a real show of strength and unity. On organizational front the following important decisions were taken: 1. Shri Sankar Kumar Saha who was officiating as Secretary General, after the promotion of G. Samdani Khan to the post of Inspector, has been unanimously elected as Secretary General for the complete tenure till the next convention. 2. Shri Ram Lalit shall hold both the portfolio of Assistant Secretary General and Liaison Secretary. 3. Shri Prosenjit Pandey and Shri Suman Sarkar have been appointment as Treasurer and Office Secretary respectively, as they both are stationed at Kolkata, the place where the Secretary General belongs to. 4. The Bank Account of the association lying in the Bank of Maharastra in Pune will be transferred to Kolkata and will now be operated by any two of the following three office bearers: (a) Shri Ashim Pramanick, President (b) Shri Sankar Kumar Saha, Secretary General (c) Shri Prosenjit Pandey, Treasurer. Shri Shivaji Valu, General Secretary of the Pune zone assured to take all action to transfer the Bank Account of the Association from Pune to Kolkata. 5. All the federating units shall furnish the list of members of their respective units along with the DDO’s certificate (Annexure-II), showing the number of members, contributing the subscriptions. Such list may be prepared as on 01.04.2016 as the all India Body is required to initiate the process of renewal of recognition and submit the necessary documents to the board – action Organization Secretary. 6. Upon operation of the Bank Account of the all India body all the federating units shall contribute their due subscriptions to the all India body. The share of contribution has been revised from Rs. 5/- per member per month to Rs. 10/- per member per month - action Treasurer. Every one vowed to stay together and fight together and at the end of the meeting everybody noted the efforts taken by Shri Vikash Kumar Gupta, Shri Indramohan Choudhary, Shri Kishor Parmar and other leaders of Ahmedabad Unit. They made this meeting a grand success. This meeting has provided the opportunity to the delegates of this association from all over the country to share their anxiety and pain together to look for the solutions. It was agreed by one and all to fight for the cause of the ministerial association and to go to any extent to protect the interest of our members. The President thanked everybody for their participation and contribution and concluded the proceedings.

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

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