Inter-Commissionerate Transfers - CAT's Order and implications

Pune, the 23rd May, 2011

Dear friends in service,

The seniority protection granted by the Board to the officers proceeding on Inter-Commissionerate Transfer on spouse/ compassionate/ physical handicapped grounds was under challenge in the Hon'ble Central Administrative Tribunal, Ernakulam Bench for quite a long time. 

Finally, the OA's challenging the seniority protection alongwith a batch of other related O.A's has been decided by the Hon'ble Tribunal, much against the decision of the Board.
Judgement of the Tribunal 

 

All along, this Association has been requesting the Board to re-consider the issue relating to grant of seniority protection to the ICT transferees, as the said transfers are granted on Compassionate grounds and protecting seniority would open a Pandora's box and unsettle the settled seniority in various zones across the country.  However, nothing positive has come out from the Board owing to a stalemate situation prevailing with regard to the disputed Executive Instructions issued from time to time.

Moreover, it is once again highlighted that had the Board observed the lacunae in the Recruitment Rules of Superintendent as regards the absence of "Senior Junior" clause, the seniority disputes in the Central Excise Delhi Commissionerates would never have cropped up and there would have been no reason for the Board to ban Inter-Commissionerate Transfers which was unconsciously done during 19th of February, 2004 inorder to please the then Administrators serving in the Central Excise, Delhi Commissionerates.

Vide this message, it is once again requested that those officers serving the Department in the various Group 'B' and 'C' cadres need to come together, identify the lop-sided decision of the Board in imposing ban on Inter-Commissionerate Transfers, which system has been successfully working for decades and has withstood the test of judicial scrutiny and to take up the issue relating to lifting of Ban on ICT through their respective Associations, thereby ensuring that the officers requiring to proceed on ICT from one zone to another are not stranded in alien places and subjected to the mercy of individuals trying to take undue benefit of such situations.

Hope this Associations long pending request for lifting of Ban on Inter-Commissionerate Transfers is giving due cognizance by the Board and it is also expected from the concerned Office Bearers of Inspector Association that at a time when the Recruitment Rules are getting framed in DG, HRD and views are being called for, the Note of "Senior-Junior" clause may be got incorporated in the Recruitment Rule of Superintendent, thereby bringing the said RR in consonance with the requirements of DOP&T and thus avoiding litigations on ICT.

Awaiting valuable feedback from interested members/readers, I remain,

Yours Sincerely,

Thomas Mony.
Secretary General

Renewal of Recognition - DDO certificates

Chennai, the 22nd May, 2011

To,

All the Unit Representatives/
AICE&STMOA.

Dear Comrades,

Sub:- Renewal of Recognition of the Association – Remittance of

subscription – submission of DDO Certificates – reg.

* * * *

You all are aware that the recognition for the Association was granted by the Ministry during March-2010 initially for a period of two Years. In order to renew the recognition it is our collective responsibility to ensure that the necessary documents including the DDO certificates are submitted to the Ministry in Advance apart from the audited statement of Accounts of the subscription received during the last two Years.

2. In this backdrop it is worth recalling the difficulties experienced by the leaders to meet the senior Officers in the Ministry/Board for getting the grievances addressed in absence of recognition, which should never be forgotten. Some of the issues that are pending unresolved and are haunting us even today are due to the fact they were not taken up at the appropriate time by a recognized body. If the Association is able to address letters to the Board/Ministry on the grievances and ensure that they are heard, it is due to the fact that today ours is a recognized Association. During the last one year this Association has made considerable progress to reactivate the defunct JCM machinery in many zones. Not only that the Association has already submitted a letter to the Addl. Secretary (Revenue), requesting him to convene the Departmental Council at the Board level to take up the outstanding issues (copy of letter is placed on the blog). A positive outcome is expected on the matter, which will be made known in the coming days. Further, the leaders of the Association also took part in the Departmental Anomaly Committee meeting of the Ministry of Finance, because they are entitled to do so as being part of a recognized Association. The advantages of a recognized Association are many and are well known.

3. However, despite the request of the Secretary General to the zonal/ unit representatives on various occasions, to remit their share of the subscription amount to the All India Association, barring a few none of the leaders has responded to the said request. Therefore it is once again requested that all the zonal /unit representatives may kindly remit their subscription to the All India Association immediately, without any further delay. An amount of Rs.24/- per member has to be remitted to the All India Account by way of a Demand Draft drawn in favour of the Association or remitted directly to the Association’s Account, the details of which are available in the Secretary General’s letter dated 18.06.2010, a copy of which is enclosed.

4. Further, all the Zonal/unit representatives are requested to kindly obtain and forward the Annexure –II i.e., DDO certificates in the prescribed format to the undersigned immediately to the address mentioned below. The certificate may be obtained for the Annual Year 2011-12. The zonal/unit representatives should strive to achieve 100% enrolment of Members in their respective zone and try to achieve the maximum number of DDO certificates possible at the earliest.

5. It is once again reiterated that the renewal of recognition by submitting the DDO certificates and audited statement of accounts it in time and any failure to do so will result in huge and catastrophic loss to the entire cadre which will then be difficult to overcome. The absence of recognition cannot be even imagined at this crucial juncture, as we are at the cusp of a transformation in the Department, during which time the entire Ministerial cadre is expected to undergo a sea change. Therefore, all the responsible leaders are requested to take necessary steps and ensure that the requisite number of DDO certificates, are submitted as soon as possible, latest by 31st July, 2011 and the subscriptions as mentioned above.

Yours faithfully,

Sd/-

(J. SUDARSHAN)

ORGANISING SECRETARY

Address for Correspondence:-



Pune, the 21st May, 2011

Dear Comrades,

The Association is in receipt of a letter from the ADG, DGHRD, CBEC, to submit our suggestions/comments on the framing of Recruitment Rules. A copy of the said letter is placed below for information. All the members/unit representatives may kindly forward their views to the undersigned on or before 31st of May,2011, so that the same could be consolidated and submitted to the ADG. It must be remembered that the framing of Recruitment Rules is one of the important issue that have not been addressed by the Ministry so far and it is time we all rise to the occasion and take full advantage of the opportunity.

Further a copy of the letter submitted to the Additional Secretary (Revenue), requesting to constitute/revive the Departmental Council is placed below for information.

 Awaiting your responses I remain.

Yours sincerely,

Thomas Mony