FORMATION OF JOINT ACTION COMMITTEE

New Delhi, the 21st September, 2010

FLASH NEWS

As you all might be aware, that our Secretary General participated in the meeting of the Leaders of the following associations which was held in New Delhi to discuss the proposal of forming a Joint Action Committee.

1. All India Central Excise Inspectors' Association led by
Comrade. Shri. Koushik Roy

2. All India Customs Ministerial Officers' Association

3. All India Central Excise Group 'D' Officers' Association

4. All India Customs Group 'D' Officer's Association

It is reported that all the leaders have agreed to form the Joint Action Committee in the meeting held today and jointly take up the issues pertaining to all these cadres before the appropriate authorities on Cadre Review Proposal. Further the Joint Action Committee has also submitted a memorandum to the Finance Minister, Secretary (Expenditure) and Secretary (DOPT) regarding the grievances relating to Cadre Restructuring. This is a laudable achievement, which is the outcome of the continuous efforts of the leaders of the respective Associations, to come together and form a common platform, which will fight for the WELFARE OF ALL THE CADRES. Here is this Association wishing the JOINT ACTION COMMITTEE - "ALL THE BEST".

Further Details are awaited.

AICESTMOA

An article published on Tax India Online is reproduced hereunder for the information of the members..

SEPTEMBER 13, 2010

By TIOL News Service

RESTRUCTURING is globally seen as a positive overture to the changing environment for both business and governance. The Union Government has been trying hard to 'redesign and repackage' both the direct as well as indirect tax laws. Although it has achieved only partial success so far but the preparations for restructuring of cadres for tax administration are on the right track. If one goes by five-year norm or the 6th Pay Commission recommendations, it may look hugely delayed but it has been moving rapidly. If we go by the statements of the Finance Minister at various public fora, the cadre review of various services of both the Revenue Boards is likely to be through with the first two stages of approval - the Finance Ministry and the DoP&T. It may be guesstimated that the proposals should be reaching the Cabinet sometime in December for final approval. And, interestingly, the expenditure implication for both the proposals is going to be only in the range of Rs 2000 Crore per annum.

Here are the highlights of the proposals for both the Revenue Boards:

++ CBEC has proposed a jump in the total number of personnel from 66808 to 95168 after surrendering about 6906 posts; CBDT has asked for about 38000 additional posts;

++ CBEC has gone back to the Principal Chief Commissioner system. It has proposed 18 posts of Principal Chief Commissioners - nine zonal heads for NINE proposed zones plus nine Directorates are to be upgraded to be headed by Principal Chief Commissioners. Besides, 77 more posts of Chief Commissioners are proposed to be created. For the CBDT, an additional 116 posts of CCITs have been proposed. Out of these, 40 posts are demanded to be upgraded to the level of highest pay bracket i.e. Rs 80,000/-.

++ At the Commissioner level, the CBEC has proposed a graded rank - Commissioner, Grade I and Commissioner, Grade II. For the former category, the proposal is to create 100 new posts and the latter to have 363 posts, including 295 existing ones. CBDT has gone by the operational index theory and has proposed higher status for administrative CIT in comparison to CIT(A). The number of administrative CITs for assessment charges is proposed to be increased by 250.

++ At the Addl / JC-level, the CBEC has proposed a sharp leapfrogging from 593 posts to 1550 posts. The CBDT has also proposed an increase commensurate with the rationale devised for the restructuring.

++ The CBEC has proposed a Hanuman-jump at the cutting-edge level by proposing an increase from 1550 posts AC/DCs to 4900 posts. This is to take care of stagnation in the various feeder cadres.

++ The CBDT has proposed creation of 20,000 additional posts at the ITO-level;

++ The number of Commissionerates will jump from existing 93 Central Excise Commissionerates and 7 Service Tax Commissionerates to 119 Central Excise Commissionerates and 22 exclusive Service Tax Commissionerates;

++ For the Customs, it will be up from 35 to 60 Commissionerates

++ In addition, 45 new Audit Commissionerates have been proposed by the CBEC;

++ Directorate of Safeguard and Directorate of Export Promotion are proposed to be merged;

++ Directorate General of Service Tax is proposed to be shifted to Delhi;

++ A new Directorate of International Customs is proposed to be created to deal with WCO, WTO and WIPO.

Criteria adopted by Revenue Boards

++ Revenue Norms: Rs. 1750 Crore Central Excise Annual Revenue {(PLA + CENVAT) - Each Commissionerate of Central Excise shall have 5 Divisions and 25 Ranges. The Commissionerates located in an area, which is not covered by an exclusive Service Tax Commissionerate, would be given manpower equivalent to the staff allocated to one Division exclusively for Service Tax. Commissionerates having Oil Refinery within their jurisdiction would be provided additional staff equivalent to one Range for One Refinery;

++ For a Service Tax Commissionerate, Rs 3000 Cr annual revenue or more than 17500 assessees has been taken as a benchmark. Each Commissionerate of Service Tax shall have 5 Divisions and 25 Ranges.

++ For a new Customs Commissionerate, the benchmarks adopted are 125000 Bills of Entry for Customs (Imports) and 200000 Shipping Bills for Export Commissionerate. 150000 BEs & SBs for integrated Customs Commissionerate.

These are broadly the major proposals of the CBEC and CBDT cadre reviews and restructuring of various Commissionerates and Directorates. Less information has been provided for CBDT proposals as the CBDT continues to look confused and also secretive about some of its proposals. The Directorate of HRD which is being saddled with multifarious roles and powers, needs quality personnel if CBDT wants it to play an active role in overall designing of the roadmap for the Department.

TIOL would like to comment more on these proposals which the entire approach is about right-sizing the Department or to simply grab as many posts as possible and then fight over the lesser number of attractive turfs. At present these proposals are being scrutinised at various stages and let's hope they are put in the top gear to quick approval of the Cabinet.

Source:- http://www.taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=11401

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

Letter to Chairman - Cadre Restructuring

Bangalore,

03.09.10.

A copy of letter submitted to the Chairman, seeking appointment to submit the grievances regarding Cadre Restructuring is placed below for information.

With regards
AICESTMOA

MINUTES OF EXECUTIVE COMMITTEE MEETING

MINUTES OF THE EXECUTIVE COMMITTEE MEETING OF ALL INDIA CENTRAL EXCISE & SERVICE TAX MINISTERIAL OFFICER’S ASSOCIATION HELD AT NEW DELHI ON 16.08.2010

The Executive Committee meeting of the All India Association was held at New Delhi on the 16th August, 2010. Though the Secretary General had issued the notice for the meeting, he had to put off his visit to New Delhi due to some last minute changes in his schedule. He conveyed his regrets to the Members for being not able to attend the crucial meeting, and requested to go ahead with the meeting as scheduled, with the assurance that the decisions taken therein will be binding on everyone, including him. Shri. Ashim Pramanick, President, presided over the meeting and the following Office bearers/ Members participated in the meeting.

1. Shri. Amit Kumar Shrivastava – Vice President, All India Association
2. Shri. J. Sudharsan – Asst. Secretary General, All India Association
3. Shri. Sarkar, President, Kokatta Zone
4. Shri. Somnath, General Secretary, Kolkatta Zone
5. Shri. Shaini, General Secretary, Jaipur Zone
6. Shri. Bhaskar, President, Chennai Zone
7. Shri. M. Chokkalingam, General Secretary, Karnataka Zone
8. Shri. Marudhu Raja, EC Member, Chennai

Apart from the above, Shri. Gautam, Administrative Officer from the Delhi Zone also participated in the meeting as a special invitee.

2. Before proceeding to take up any issues for discussion, the house was informed about the promotion of our comrade Ms. K. Nageshwari, Organising Secretary of the All India Association, Hyderabad Zone, to the grade of Inspector. A special mention was made regarding the stellar role played by her on various matters, more particularly in implementation of the Judgement of the Hon’ble High Court and also in obtaining Ministry’s recognition for the All India Association. The House expressed its gratitude and wished a long and successful career to Ms. Nageshwari in the promoted post, while appreciating her contribution to the growth of the All India Association. The House then decided to fill up the vacancy caused due to the relinquishing of charge by Ms. K. Nageshwari, who was the Organizing Secretary. Since, it was felt that convening the General Body Meeting/convention of the All India Association will take some time, someone could be co-opted until then as provided under Article -14 of the Bye-Laws of the Association. Therefore, it was unanimously decided to nominate Shri. J. Sudharsan, (presently holding the post of Asst. Secretary General) as organizing secretary of the All India Association, with the approval of the Secretary General. Similarly, it was also decided to nominate Shri.M.Chokkalingam, General Secretary, Karnataka Zone to function as Assistant Secretary General of the All India Association, in place of Shri.J. Sudharsan, consequent to his nomination as Organising Secretary.

3. This meeting was convened in the backdrop of the information regarding the finalization of the cadre restructuring proposal by the Board, which according to reliable sources is against the interests of the Ministerial cadre. The president then appraised the house about the progress of the cadre restructuring proposal during the last three months, i.e., after the consultations were held by the DG, HRD with the members of the Association and the subsequent developments. Among other items, the following issues were deliberated:-

(i) Cadre Restructuring under CBEC

It was decided that the Association should oppose abolition of any posts in the Ministerial cadre. Even if there is any upgradation of a particular post, the consensus was that the sum total of the present total strength of Ministerial cadre, shall not be allowed to be reduced at any cost. In this regard, it was decided to address a letter to the Chairman, Member (P&V), Joint Secretary (Admn), CBEC and the ADG, HRD, CBEC on the issue. (Contents of the letter dated 17.08.10 is placed on the Blog for information).

(ii) Delay in filling up of vacant posts in the grade of Chief Accounts Officer.

Concerns were voiced regarding the delay in holding of DPCs for filling up the vacant posts in the grade of Chief Accounts Officer for the past so many Years. On enquiry it was learnt that the UPSC has returned the file to the Board to provide an undertaking that copies of the ACR/APARs have been serviced on Officers, whose gradings are found to be below benchmark, required for being considered for promotion for the particular Year. There are a total of 8 Officers who are having below benchmark grading for a certain period. The Board has written to the respective CCAs (Shillong, Trichy, Bangalore –I, Nagpur, Mumbai –V, Service Tax, Ahmedabad, Bhopal) on the subject matter. All the zonal representatives were requested to follow up this issue with their CCAs for immediate action.

(iii) Upgradation of Grade Pay in r/o DOS & Administrative Officer.

The Board had considered the anomaly in the Grade pay of the DOS and AOs, consequent to implementation of the recommendations of 6th CPC and recommended higher grade pay for both the posts and forwarded the same to the Department of Expenditure for approval. The file was returned by DoE with certain queries on two occasions. As on date these queries have been replied and the file has been resubmitted to the Department of Expenditure for consideration. In this backdrop, it was decided to personally seek an audience with the Joint Secretary & Director (Dept. of Expenditure), and explain the issue personally. (The Office bearers had met both the Officers subsequently and a letter on this subject is being submitted to the Joint Secretary). Further, the order passed by the CAT, Ernakulam Bench in the case of some of the DOS seeking benefits of pay fixation upon promotion from STA to DOS post 01.01.2006, was discussed. It was felt that the intervention of association is not required at this point and therefore decided to wait for the relevant papers to reach the Board's Office through proper channel from Cochin, as directed by the Honourable Tribunal and follow up the issue after the file is initiated.

(iv) Delay in notification of the Recruitment Rules of Administrative Officer

The Recruitment Rules in respect of the Administrative Officers have not been notified after the last cadre restructuring and therefore ad-hoc promotions are being granted in this grade for the past so many years. It was informed that the issue is under process and it will be notified shortly, alongwith the other RRs that are being reviewed by DG, HRD as per the DOPT instructions consequent to the implementation of 6th CPC. Therefore, it was decided to follow up the issue closely.

(v) Extension of benefit of Pay fixation to Officers promoted as AO from the grade of erstwhile Office Superintendent, consequent to Court Orders

The Ministry had granted the benefit of pay fixation to few Officers from Karnataka zone, that too only those who had filed cases in the Tribunal/HC/SC, who were earlier promoted to the grade of Administrative Officers from the grade of Office Superintendent. The Association had already represented the Ministry for extension of this benefit for one and all and the issue is under consideration. It was decided to follow up the matter, with a reminder, if necessary.

(vi) Relaxation in qualifying service of TAs/STAs for promotion to the grade of Inspectors

Prior to cadre restructuring, UDCs with 5 Years of qualifying service were eligible to be considered for promotion to the grade of Inspectors, whereas as per the revised RRs the necessary qualifying service is 2 Years in the grade of STA or a minimum of 10 Years of Service in the grade of Tax Assistants (post-cadre restructure). Since there is stagnation in the grade of STAs in various zones and the required qualifying service for promotion from TA to STA is 3 years, it was decided that a request should be made for relaxation of the qualifying service/amendment in the Recruitment Rules.

(vii) Temporary down gradation of the posts of DOS to the level of STA, in respect of such Zones, where there is stagnation in the level of STA.

As stated above, there is acute stagnation in the level of STA in certain zones as many Officers are not willing to take up the promotion to the grade of DOS, due to various reasons and therefore, large numbers of posts remain vacant in the grade of DOS all over the country. In order to facilitate promotion to the eligible Officers from the grade of TA to STA, it was decided to seek temporary downgradation of posts in the cadre of DOS to the level of STA as an interim measure, only in zones where there is stagnation.

(viii) ACP for Inspectors promoted from Ministerial grade

The Board had vide letter F.No.32011/32/2003-Ad.IIIA dated 06.08.04, clarified that promotions granted to the grade of Tax Assistant (pre-cadre restructure) from the grade of UDCs, shall be ignored for the purpose of grant of ACP benefits to the Officers of the level of DOS and they shall be granted the benefits in the normal hierarchical grade of DOS L –I & L-II. Therefore, it was decided to seek similar dispensation to the Officers who have been promoted as Inspectors and have not got the benefit of the said clarification.

(ix) Early Hearing of the Seniority case in the Supreme Court and Service of Notice to the Respondents/Affidavits.

Though a Miscellaneous Application has been filed for early hearing of the Appeal before the Honorable Supreme Court, the same could not be listed due to the delay in filing of affidavit by the Department, regarding service of notice on the Respondents. It was decided to follow up the issue with the Directorate of Legal Affairs and the Board’s Office for early action on the matter.

(x) Inter-commissionerate Transfers on compassionate grounds

The Association has already requested the Board to allow ICT on all compassionate grounds, which is presently available only on Spouse Grounds. The request is to restore the ICT policy to the status as existed prior to 19.02.04, i.e., before implementation of the Ban on ICT. The matter is under consideration and it was decided to wait for a decision on the issue.

The Meeting then concluded with thanks to the Chair. It was informed that the next meeting will be held immediately after the cadre restructuring proposal is finalized or as and when the same becomes available, in order to consider and decide the future course of action.

(AASIM PRAMANICK)

PRESIDENT

* * * *

Meeting at New Delhi and Developments

New Delhi, 21.08.2010

You all might be aware of the recent meeting of the Office bearers held at New Delhi, on Cadre restructuring proposal to deliberate upon the response of the Association, apart from following up the various issues affecting the cadre. As scheduled the Executive Committee of the meeting was held on 16th August, 2010, the Minutes of which are under circulation. The same will be placed, on receipt of concurrence from the Members who participated in the Meeting. The issues that were followed up in the Ministry and Board’s Office are placed hereunder for the information of the Members.

1. Though it was rumored that the cadre restructuring proposal has been finalized by DG, HRD and forwarded to the Board, the information gathered indicated that the same has never reached the Board’s Office and it still remains only with the Top Brass. It is reliably learnt that the same has been certainly finalized by the Board and is only awaiting approval from the different authorities. We might get to know of the status only when the same is revealed or sent to DOPT and Department of Expenditure for approval.

2. It was learnt that as per the said proposal, the post of the DOS is likely to be abolished, with creation of additional posts in the level of Administrative Officers. Though the number of posts that are likely to be created at the level of AO could not be confirmed, it is reliably learnt that the abolition of the post of DOS is a certainty.

3. On learning that the post is likely to be abolished, it was decided to oppose any reduction in the total sanctioned strength of Ministerial cadre on one or other pretext, when there is constant increase in the workload. The Office bearers met the Member (P&V) and the Joint Secretary (Admn), CBEC and requested to not abolish any post in the Ministerial cadre, which will reduce the sanctioned strength. A letter to this effect has also been submitted to the Chairman and Member (P&V) while reiterating the earlier demands of the Association.

4. The issue of higher Grade Pay to the cadre of Administrative Officers was followed up in the Department of Expenditure. The Office Bearers met the Director (DoE) and Jt. Secretary (DoE), and justified the Higher Grade Pay. While, the Director informed that he will examine the proposal after the file reaches him, the Jt. Secretary (Expenditure/IC) in her interaction stated that this is an anomaly and should be taken up in the Departmental Anomaly committee. At this point it was informed that the CBEC has already considered this aspect and after due consideration has recommended the higher grade pay. Thereafter, the delegation was assured that the issue will be examined and our submissions would be given due consideration.

5. The issue relating to delay in promotion to the grade of CAO was also followed up. A total of 8 Officers whose ACR/APAR grading is below benchmark need to be served with a copy of the concerned ACR/APAR and an undertaking to this effect has to be filed by the respective CCAs to the Board as per the DOPT’s instructions. Such undertakings have to be then forwarded to the UPSC for further action. The Office bearers of the respective zones have been requested to follow up the issue with the respective CCAs.

6. The issue regarding relaxation of qualifying service for promotion from the grade of TA/STA to Inspector was also followed up. Further the issue relating to relaxation of ban on ICT for other compassionate grounds (other than Spouse grounds) also was taken up. Both the issues are under active consideration.

7. The Association has submitted a letter for temporary downgradation of the vacant posts in the grade of DOS to that of STA in those zones where there is stagnation. The CCA Jaipur has already forwarded a proposal in this regard during February – 2010 and the matter is under consideration of the Board.

8. The Early Hearing application that has been filed in the Supreme Court was followed up. It was learnt from the Registry that the defects, i.e., filing of affidavit regarding service of notice on all respondents have not been completed by the department till date, due to which the MA has not been listed. On learning that the Chennai CCA had forwarded the acknowledgement of receipt of notice to the Directorate of Legal Affairs, the Office bearers met the Additional Commissioner, Ms.Prachi Saroop, for doing the needful. She informed that the matter is not dealt with at the Directorate and the issue is being handled at Ad.III.B Section of the Board’s Office. Therefore a letter was submitted for filing of an Affidavit of service in the Court immediately.

9. The Ministry had clarified that the promotion to the level of erstwhile TAs from UDC shall be ignored for the purpose of ACP scheme and the Officers can be granted ACP in the hierarchical grade of DOS L-I &L-II. A similar dispensation has been sought for the Officers who are promoted to the grade of Inspectors.

The Office bearers will meet again at New Delhi soon after the cadre restructuring proposal is made known to the Association, and formulate its Official response on the matter.

Copy of the letter is placed hereunder for information.