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.

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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