SEEKING FOR AN APPOINTMENT

Ref :  CESA/69/2013

Date : 29.11.2013

To,

1.  The Revenue Secretary,

Ministry of Finance,

North Block, New Delhi.

2.  The Secretary, DOP&T,

PMO, New Delhi.

3.  The Chairman, UPSC,

Dholpur House, New Delhi.

4.  The Joint Secretary(Admn),

CBEC, North Block, New Delhi.

Sir/Madam,

                                    Sub: Regularisation of "Ad-hoc" promotions given during 1997

                                        onwards - in contravention of Supreme Court directions

                                        dt.3.8.2011.reg.

***********

            Your kind attention is invited to Hon’ble Supreme Court Judgment dated 03.08.2011 wherein it had ordered that:     

i.          to amend/revise the Gr-A RRs including altering the existing ratio, to ensure just and fair representation of officers of all 3 feeder categories in promotions to Gr-A.[Para 2].

ii.         to remain uninfluenced by any observations made in 306/88 [(1997)1 SCC 520], wherein existing ratio was approved.[Para 3]

    

iii.        to abide all existing ad-hoc promotions from Gr-B to Gr-A, by the final decision to be taken by GOI(read CBEC) in terms of this order.[Para 4]

The CBEC always remain biased to the Cadre of Superintendent of Central Excise  (one of the feeder Cadre) since  1997 and started giving promotion on Ad-hoc basis without following proper ratio in proportion to the strength of  all the feeder Cadre to Group-A.

         

The last Ad-hoc promotion order was issued in June, 2012 since then no order was issued and the post falling vacant are not been filled in.

Due to unrest and as the Board unable to resolve the issue of promotion in fair manner both the feeder Cadre i.e. Superintendent Customs & Superintendent Central Excise on being aggrieved approached the Hon’ble Supreme Court. After the order of revision of ratio the Board has not implemented the said order to give due justice to the aggrieved feeder Cadre officers.  

All the Ad-hoc order needs to be regularized as per the OM. The OM dated 30.03.1988 is very clear the Ad-hoc promotions granted has to cancel automatically with lapse of six months and in any case after one year. Accordingly, all such in-validly promoted & illegally continued officers cannot be granted /considered for further promotions. Therefore, all their further promotions granted in blatant defiance of UPSC/DOPT norms- are required to be put on hold /dormant. [Here, it is again pertinent to mention that on one side CBEC says that UPSC was not invited in DPCs being Ad-hoc promotions, whereas without regularizing these promotions these Ad-hoc promotees are given further promotions "treating them as regular promotions" which is just to circumvent the legal procedure and avoiding the proper rules and procedure.

            Further, apart from above to compound the illegality in such matter and overturn the DOPT Nodal authorities laws and procedure, the CBEC issued another office order No.163/2013 under F.No.A-32012/07/2005-Ad.II dt.8.7.2013 and extended the period of adhoc promotions upto 31.03.2104 in respect of all the orders mentioned in the Annexure – I & II of the aforesaid order of Board. This is being done in violation of the DOPT Norms and without giving any modalities thereof. It appears to dilute the order of Hon'ble Supreme Court, dt.3.8.2011the said mechanism is adopted to engage the feeder Cadres again in litigation and department will continue undue favour to the third stake holder i.e. Appraisers.

            Further, CBEC vide letter F. No. A-32012/07/2005-Ad.II dt.29.4.2013 addressed to UPSC- states in Para 3 of that ....series of legal disputes ...in seniority lists by different Gr-B feeder Cadres for promotions to JTS had cascading effect...... with the pronouncement of the decision by the Hon'ble SC in CA No.1198 of 2005 on 3.8.2011 the decks are cleared (for regularisation of Gr-A 'Ad-hoc' posts). And in Para 4 it stated that issues of 'Seniority disputes -within Customs Appraiser' for period 1980 to 1996-97 has been settled is quite misleading and damaging to our Cadre. It needs examination to ascertain the factual position.

            Sir/Madam, if the CBEC is allowed to continue with these "incorrect regularisation of Ad-hoc promotions to Gr-A" then this shall undermine the authorities of DOPT, UPSC & even disrespect to the Hon’ble Supreme Court of India. This will inflict further injustice to the stagnated Cadre of Superintendent Central Excise and discriminatory.

            To apprise further in this regard, CESA Mumbai request to your goodself to grant us an appointment on 12.12.2013 or at your convenience. We shall be highly obliged if your goodself kindly arrange to communicate the date and time of appointment on our address and on emailed sasmal2011@gmail.com or on Mobile No. 09820950885.

            Thanking in kind anticipation please.

Yours Sincerely

(A.  K. SASMAL)

                                                                                                                       GENERAL SECRETARY

Copy to:

1.   The Chairperson, CBEC, New Delhi, for kind information.

2.   The Member (P&V), CBEC, New Delhi, for kind information.

3.   The DGHRD, CBEC, New Delhi, for kind information.