Request for appointment in the matter of proper fixing of Seniority of Officers posted in Mumbai - regarding.

Ref :  CESA/76/2013

Date : 10.12.2013

Ms. Shobha L. Chari

Hon’ble Member (P. &V.),

CBEC, North Block,

New Delhi

Respected Madam,

Sub: - Request for appointment in the matter of proper fixing of

           Seniority of Officers posted in Mumbai - regarding.

          Please find enclosed here with our letter No. CESA/62/2013 dated 03.10.2013, addressed to the Chief Commissioner and the reply received on such a grave matter is self explanatory.

2.       As the Cadre Controlling Authority in Mumbai Zone, having strength of Superintendents 1650 & Inspectors 2100+, but such an important matter of fixation of Seniority has not been resolved, which can badly hit the Career prospects of the Officers of this stagnating zone.

3.       In our representation dated 03.10.2013, the recent one we had pointed out three irregularities viz.

i. fixation of Seniority of Officers of Mumbai at the time of Upgradation in 1996 at par with other officers i.e. 30.09.2010 and not by taking date of promotion as 01.10.1996 (this is the date of joining) as per DOPT guidelines.

ii. Various representations of Senior Officers about irregularity in seniority list were given but no action on the same. It is informed by the Cadre Controlling authority that they have forwarded all the representation and have not received any response from Ministry.

iii. In 2002, Cadre restructuring was done in the Department. Consequent to that in West Zone, total 444 of Inspectors were promoted as Superintendents and orders issued as is where is basis on 23.09.2002. In Mumbai 444 Inspectors of 1982 to 1985 batch were promoted on a single day. Likewise at other places also Inspectors were promoted. As there was no parity the Officers of even 1990 or so were promoted in same exercise and on same day.  Obviously for fixing of seniority of all these Superintendents on All India basis the guiding principle will be the OM F. No. 8/B/38/HRD (HRM_2009 01,12,2010)(Copy enclosed). However, in All India Seniority List that this criterion has not been followed. Whereas many officers who have joined the department later on in various zones, are placed above. Apart from irregularity it is humiliation to the senior officers that their juniors sitting above.

        

4.       Cadre Controlling Authority in his letter dated 19.11.2013 (copy enclosed), had clearly stated in last Para that despite their letter and reminders the Ministry had not rectified the mistake and expressed their helplessness in the matter.

5.       Implementation of the Apex Court decision in the case of N V Parmar & Others as regard to the fixation of seniority considering the year of vacancy as the year of appointment is still pending. This will have an impact and the entire seniority list of officers will have to be recasted.

6.       As the Cadre Restructuring implementation process now underway, and this matter have an impact on promotion of eligible officers, and may be deprived of promotion for no fault of theirs. A delegation of CESA  Mumbai seek immediate intervention in the matter and appointment at the earliest possible as per your convenience. Our contact details are on this letter for communication of appointment.

          Thanking you,

     Yours sincerely

A.K. Sasmal

      General Secretary

Encl: As above.

         Copy to:

1.   DGHRD, CBEC, New Delhi with a request to accord an appointment in this regard.

2.   Hon’ble Cadre Controlling Commissioner, Central Excise, Mumbai-I. For kind information & necessary action.