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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