Thursday, March 28, 2013

CESA MUMBAI REPLY TO GS OF MEERUT UNIT OF AIACEGEO

Negative belated SOS dated 21.03.2013
Dear Chauhan,
Wish you and Your team a Happy & Colourful Holi
I am pained on going through your mail dated 21.03.2013.  Your SOS/petition addressed to the Finance Minister and copy to all Units with a request to submit the same to FM and others.  Your attempt to submit a petition is ill timed and gives scope to other stakeholder to delay further the long waited CR.  When the cadre is already completed the third phase of agitation and after AEC meeting dated 16.03.2013 proposed not to attend office  on 29th,30th & 31st March, 2013 and agitation at Jantar Mantar on 12.04.2013, the said petition at this juncture  is suicidal and self harming and betrayal to your own cadre.
I am sure your Meerut Unit has not passed any resolution or any in-house deliberations approved under your Secretary ship before sending the above draft. 
Further, in the meeting at Jaipur you had chosen to remain silent and not brought before the house of your all competency as mentioned in your SOS. 
Now, the CR is well conceived and about to deliver within a day a week.  You are well aware that now no sex/shape can be changed except miscarriage which no unit will subscribe of your untimely petition. 
Further, why you have not brought to the notice of your Zonal Joint Secretary or Vice President or to the Secretary General or President’s notice or to the other All India office bearers before AEC meeting i.e., 16.03.2013. 
You or your Unit may have some reservation about any issue but writing directly to the FM and others the All India Issue is highly objectionable and condemnable and demeaning and sorry figure to your own body before the Authority.
Being a local office bearer you have full right and authorithy to represent your local issue but to represent the all India issue is beyond your jurisdiction and capacity and amounts to anti cadre.    
Being close to Delhi you are well aware that the each movement of CR file and the observation of FM as well as reply of the Board.  Hence, I sincerely appeal kindly desist from such type of an attempt which is not at all beneficial rather harmful at this junctjure.  The said petition is dis colorful because if something is said at the time of Holi it is not offended but in normal time it has taken as an insult likewise you have offended all.
I  Am concluding my observation as it is unwarranted at this juncture. 
Rest is OK 
Yours
SASMAL

Tuesday, March 26, 2013


THE ALL INDIA FEDERATION OF CENTRAL EXCISE EXECUTIVE OFFICERS


An eight member co-ordination committee of the two Associations representing Superintendents and Inspectors of Central Excise has been formed at a meeting of both Associations at New Delhi on 16.03.2013, as a precursor to the formation of  Federation of  the All India Central Excise Inspectors’ Association and the All India Association of Central Excise Gazetted Executive Officers’ Association.

The Co-ordination Committee shall consist of eight members , four nominated from each Association. The following members have been nominated :

AICEIA
A. Satish, President
Ajit Kumar K G, Secretary General
E.Samy, Assistant Secretary General
A I Abbasi, Joint Secretary (North)

AIACEGEO
Lok Nath Mishra, President
Ravi Malik, Secretary General
C S  Sharma, Office Secretary
Sushil Pareek, Ex-President  

The Secreatries General of  the two Associations shall be the Joint
Convenors  of the Co-ordination Committee.


The following points were  further decided upon:

All decisions  shall be arrived at by the Co-ordination Committee by consensus only.
All communications of the Coordination Committee shall be made jointly under signature of both the Joint Convenors.
A Joint Communiqué shall be issued shortly by the Joint Convenors announcing formation of the Co-ordination Committee, and calling for immediate formation of such Committees immediately at the Zonal and /or Commissionerate levels too.   
The Demands from the Superintendents’ side is already laid down, and the same from the Inspectors’ side shall be specified very shortly. Following this both can be amalgamated and formed into a single common Charter.

The Superintendents’ Association requested the Inspectors’ Association to join in their agitation as per following programme :
  1. Not attending office on the 29th, 30th and 31st of March 2013, defying CBEC’s orders.
  2. Formation of a human chain at Jantar Mantar or any other appropriate venue in New Delhi of more than  a thousand officers in uniform on 12th  April’13 demanding immediate fulfillment of our Demands. Participating officers will take a day’s C L on that day.
  3. Submission of mass resignation by all members on 30th April’13.
The Secretary General of AICEIA replied that he will have to consult other office bearers of his Association and that he  will revert on the matter  at the earliest.

A Drafting Committee has to be constituted latest by March 25th , 2013 to prepare bye-laws for the proposed Federation.  

On 25th and 26th of May’13 an AEC meeting of the AIACEGEO is proposed a Patna. The formation of the Federation can be finalized then, with approval of the bye-laws, and all other necessary formalities.

For the proposed Federation, the Superintendents’ Association has  proposed the name All India Federation of Central Excise Executive Officers. 

MESSAGE FROM MR RAVI MALIK SECRETARY GENERAL, THE ALL INDIA ASSOCIATION OF CENTRAL EXCISE GAZETTED EXECUTIVE OFFICERS, NEW DELHI.

Subject: AGITATION
From: Ravi Malik  Tue, 26 Mar '13 7:15a
To: You and others
Dear friends,
Good morning.
Hope that all of the units should have served the notice to the respective CCA for 29-31.3.13 programme. If any unit/s is/are yet to serve the notice, the same may kindly be done immediately without any complacence. Any weak message from any of the corners may not serve our purpose. All the units are requested to send the copy of the notice to All India Body as well as the zonal office bearers of their zone immediately. All the zonal office bearers are also requested to monitor the situation and have the copy of the notice from each of the units of respective zone to kindly forward the same to the All India Body.
We have also to understand that mere “serving of notice or issuing circular” would not do but the members are to be contacted “person to person” for wanted result. We have also to be careful of the tactics of the administration of spreading the rumours that we have deferred our programme. They are spreading this rumour with the help of lower formations. So, kindly be careful as we have not deferred the programme. If so happens due to any of the circumstances under consultations with the Inspectors Association, the same will be intimated to all immediately but kindly don’t believe the rumours being spread by the administration.
Every unit is also requested to observe the situation in the neighbouring units and intimate to All India Body accordingly. All the units having weak response (if any) from the members on account of any factor/apprehension/time constraint/circumstance are also requested to intimate to All India Body accordingly without any hesitation because hiding of the factual position may be detrimental to our interests. The notices for agitation are never served only for the “sake of serving” but the same should also be followed with full spirit. If any of the office bearers of any unit is not acting accordingly to follow the programme, he/she has no moral right to be the office bearer. Such posts in the Association are never to be bore only for the sake of “decoration”. To make efforts is in our hands without being worried about the result but not to make efforts is never pardonable.
IT IS AGAIN REQUESTED THAT THE FACTUAL POSITION MAY KINDLY BE INTIMATED TO THE ALL INDIA BODY WITHOUT ANY HESITATION.
"HAPPY HOLI TO ALL"
Love,
Ravi.

Monday, March 25, 2013

Central Excise Superintendents’ Association, Mumbai
( Recognized under F. No. B-12017/10/206-Ad-IV A dtd. 21-01-2008 ).

CIRCULAR NO. 3 / 2012


Dear Members,


Summer is approaching. Similarly the heat of the cadre is going up. As per the call, three phases of the agitation, as called by AIACEGEO, i.e. wearing of black badges, boycott of excise day function and lunch hour demonstration, have been completed successfully. CESA Mumbai expresses its pleasure for the active support and participation by the members. However, CESA feels sad about those members who have not abided the call of agitation given by AIACEGEO.
 On 12th March, 2013 Hon’ble Supreme Court has disposed off the Contempt Petition as there was no willful disobedience. Its disheartening that the Apex Court first admitted the contempt petition of Pune unit as well as petition filed by Superintendent Cstoms (Prev.), then clarification as sought by the Board is given, extension of time for implementing the Supreme Court’s Order 03.08.2011 is given and number of dates
are given for holding a affective hearing. Board had engaged the service of number of advocates to plead the case. On the fateful day, hearing took place for more than one and half hours. Finally, after a period of one and half years the verdict given by the Apex Court is as follows -

“All that the order dated 3.8.2011 says is that the ad hoc promotions made in

the meanwhile will abide by the final decision to be taken by the Department in terms

of Office Order. There is no direction to apply the new quota retrospectively. We do not

see that there is any contempt of this Court's order dated 3.8.2011 by the respondents.

The contempt petitions are accordingly dismissed.”

 The Supreme Court’s Order dated 12.03.2013 is disheartening and has shattered

our hopes. Though the Board has changed the ratio in the Recruitment Rules (RR)

consequent to the Apex Court’s Order dated 03.08.2011, the ratio considered in the

present RR will no remove the stagnation. The growing humiliation and complex to

serve under a junior is to be fought tooth and nail till the justice is done to our cadre.

The journey is long, still we have to ride to achieve the goal of the cadre.



A meeting was held by the Board Officials with Finance Minister on

13.03.2013 to discuss the Cadre Restructuring proposal. It is learnt that the

Finance Minister raised certain queries which are as under :

1. What is the reasons why both the Ministers had suggested for less nos. of

Posts and copy of minutes of such joint agreement.

2. What is the justification in present situation to avoid such cut.

3. Expenditure involved.

4. How the stagnation problems of Supdt. cadre can be removed?



Compliance was sought on 19th of March. However the Board has not complied till date.

A.I.A.C.E.G.E.O. held its AEC meeting at New Delhi on 16th March 2013 and

reviewed the Agitation Programme. To intensify further to a logical conclusion, it is

again decided -

Ø NOT TO ATTEND THE OFFICE ON 29.03.13, 30.03.13 AND 31.03.13.

Ø DEMONSTRATION IN UNIFORM AT JANTAR MANTAR, NEW DELHI AND

MARCH TOWARDS RESIDENCE OF FM ON 12.04.13.

Ø MASS RESIGNATION ON 30.04.2013.

18th March : The Secretary General of A.I.A.C.E.G.E.O has issued intimation letter

to Finance Minister and copy endorsed to MOS, Revenue Secretary, Chair person,

and Member (P & V) etc. (Copy enclosed.)

20th March : CESA Mumbai vide its letter dated 20th March, 2013 has

communicated to Chief Commissioners of Mumbai Zone – I, Zone – II and Zone –

III Customs and all the Commissioners of Mumbai Zone about the participation of

the proposed agitation called by A.I.A.C.E.G.E.O.



We all were waiting curiously to see the outcome of the contempt petition, but

the outcome is negative. Similarly, on MACP matter Board has issued order dated 21st

February, 2013 to counter the Contempt Application filed before Chennai CAT, which

also negates the aspiration and claims of the Superintendent cadre. The only positive

development is that certain issues have been addressed, as apparent from the Minutes

of Meeting held with Member (P&V) on 31.01.2013 issued on 15.02.2013. Further, the

recognization of the Association is renewed for coming five years.

As the situation warrants we have no alternative but to coerce with the

Administration to launch agitation as we are capable to discharge the work of Customs,

Central Excise and Service Tax and even ready to take on G.S.T. but the Board is

constantly neglecting rights of our career progression. To intensify the agitation

programme further it is appealed to all our members not to attend office on

holiday 29th, 30th and 31st of March, 2013 (though the offices will be opened as per

instructions of C.B.E.C).



On 12th April at 11am Officers from entire country will assemble in uniform

at Jantar Mantar, New Delhi, will form a human chain and proceed to Finance

Minister’s house to submit the memorandum. It is the C.B.E.C. who has forced

the uniform cadre to come on the street and raise their voice against the exploitations.

To make the show of the strength and resentment join the agitation programme.

Inspectors Federation (AIACEIA) has also served Notice to the Finance Minister

and others, informing that they are also joining the agitation and will not attend

office on 29th, 30th and 31st March.



Member (P&V) vide letter dated 20.03.2013 has requested the Secretary

General of AIACEGEO to call off the agitation, claiming that CBEC is seriously

pursuing the cadre restructuring. However, it has been our experience that

only assurances have been given in past but no positive action has been taken.

Therefore, we are going ahead with the agitation as scheduled.



Condolence : Sunil J. Parker Superintendent Service Tax – I, posted in planning cell

Head Quarter, who was working in the office till Friday, expired due to massive heart

attack on 17th March, 2013 at his residence. Mr. Parker aged 56 years was a silent and

hard worker survived by his wife and son. CESA expresses its heart felt condolence

and prays that All Mighty let the departed soul rest in peace and give courage to the

family members to face the future.



Transfer and Postings Policy: CESA Mumbai vide its letter dated 14.3.2013

requested Chief Commissioner, Zone – I to amend the transfer and posting policy.

Copy attached herewith). Meeting with the Administration will be held in the first week

of April.

Dear members: Life is precious and there is value for your life. Don’t be so involved

in a mechanised routine of your office life, Take some time for yourself; do some

stretching exercise. Follow regular check-up and keep yourself fit physically and

mentally. Your family members as well as we expect you to live a long and healthy and

cheerful life - so dear Members please don’t neglect yourself.

We request all our members to get the verification of your service book done and

make nominations on all papers for smooth transition and to avoid complications.

Lastly, it is once again appealed to one and all to make the call of agitation

a success by not attending office on 29th, 30th and 31st March 2013. We look

forward to your support and active participation. Delegation of CESA Mumbai will

join the Federation in Jantar Mantar at New Delhi on 12th April 2013.


Yours sincerely,

A.K. Sasmal

General Secretary



Ref :CESA/23/2013

Dtd : 20.03.2013.



Hon’ble Chief Commissioner,

Central Excise, Zone – I. & II,

Customs Zone – III,

Mumbai

Sub : No office on holidays on 29th, 30th & 31st March 2013; march to FM’s residence on 12.04.13; and Mass Resignations on 30.04.13---intimation reg.



Respected Sir / Madam,



In continuation to the notice of agitation issued to Hon’ble Finance Minister,

Government of India by The All India Association of Central Excise Gazetted Executive

Officers(AICEGEO) and copy endorsed to Hon’ble MOS, Department of Revenue,

Ministry of Finance, Hon’ble Secretary, Department of Revenue and Hon’ble

Chairperson, C.B.E.C., New Delhi on 31.12.2012, it is further communicated by the

Secretary General, AIACEGO on 18.03.2013 that as per the decision of the AEC

meeting, the cadre will further agitate by not attending office on 29th, 30th & 31st

March 2013. Besides, the officers from all over India will gather at Jantar Mantar in

New Delhi on 12.04.13 at 11 a.m. in their uniform and proceed to FM’s residence

to submit the Memorandum.



The Central Excise Superintendents’ Association, Mumbai being the Federating

Unit of A.I.A.C.E.G.E.O, will abide by the call of the Federation and accordingly, all it’s

members i.e. the Superintendents from Central Excise Zone – I and Zone – II, Customs

(Prev), and L.T.U. Mumbai, will participate in the agitation programme. Accordingly, the

officers will not attend office on 29th, 30th & 31st March 2013 and will observe “work to

rule” as per the call of AIACEGEO.



This is for your kind information.



Thanking you,



Yours sincerely



A.K. Sasmal

General Secretary



Copy to:



Hon’ble Commissioner, Central Excise, Mumbai I, II, III, V, Thane I, II,

Belapur, Raigad, Customs Prev,, Service Tax – I & II Comm’te & L.T.U. Mumbai

for kind information.

All India Association of Central Excise Gazetted Executive Officers, New Delhi


Ref. No. 33/A/12

Dt. 18.03.13



To,

Sh. P. Chidambaram,

The Hon’ble Finance Minister,

Govt. of India, New Delhi.



Sub: No office on holidays on 29.03.31 to 31.03.31, march to FM residence

on 12.04.13 and mass resignations on 30.04.13-intimation reg.



Kindly refer to the Ref. No. 93/A/12 Dt. 31.12.12 and 27/H/13 Dt. 04.03.13 of the

Association.



2. It is submitted with due regards and great disappointment that there is

no change in the scenario till date. It has, therefore, been unanimously decided in

the Associate Committee meeting of the Association on the issue to intensify our

Satyagraha/agitational programme, if all the points/grievances are not settled on

immediate basis.



3. Accordingly, it is intimated that the following steps will also be observed as

part of our Satyagraha-

(i) None of our officers will attend the office on holidays on 29.03.31 to

31.03.31 throughout the country.

(ii) The officers will gather at Jantar Mantar in Delhi from all over India on

12.04.13 at 11 a.m. in their uniform and proceed to gather around the residence of your

goodself to submit the Memorandum.

(iii) All of our officers throughout the country will submit their resignations on

30.04.13 under protest.



6. The charter of the demands is enclosed herewith.

Thanking you,



Yours faithfully,



Encl: Charter of demands.



Sd/-

(RAVI MALIK),

Secretary General.



Copy with the request for necessary action to-

1) The MOS, Department of Revenue, Ministry of Finance, North Block, New Delhi.

2) The Secretary, Department of Revenue, North Block, New Delhi.

3) The Chairperson, CBEC, North Block, New Delhi.



Sd/-

(RAVI MALIK).



___________________________



Ref:CESA/21/2013

Dtd :14.03.2013.



Hon’ble Chief Commissioner,

Central Excise, Zone – I,

Mumbai



Sub: Request for Amendment in transfer & posting policy – reg.



Respected Sir,



Kind attention is invited towards the transfer &posting policy formulated by the

then Chief Commissioner, and the orders issued thereafter in the year 2011 and 2012.



The ICT issued in the year 2012 was in accordance with the formulated policy.

Thereafter, within a month, the Administration in C.Ex. Mumbai Zone – I issued another

order in the name of loan postings wherein all the norms were violated and the very

same officers were again posted in the same formations/sections from where they were

rotated/transferred. Thus, the very purpose for which administration is keen to

rotate the officers is defeated. These violations were brought into the notice of the

Administration time to time and the then authority agreed to rectify the same in the next

ICT Order and had also agreed to amend the policy as per the requirement.

In the above background Association requests that before undertaking the

process of ICT a meeting be convened with recognized Staff Associations to have a

relook on the policy and also the instances be rectified in the ICT Order to be issued

this year.

There is a need to review the working strength of each formation/

Commissionerate as well as Directorates and accordingly staff be deployed.

Further, strength of M & P. formation also requires a review and staff be

withdrawn from there also.



The arrangement of deploying staff in LTU, should be zone-wise or

Commissionerate-wise i.e. the strength be divided into Zone – I, II, Pune, Nashik and

Aurangabad and their actual strength be revised instead of squeezing the Zone–I staff

only or making it a transit camp for outgoing officers on promotion.

In Service Tax Commissionerates, it is observed that to cope-up with the

pendency position, authorities are asking staff more and more and they are obliged also

without having any consideration as to how long and how much staff is to be given.

Norms be fixed to handle the no. of assessees per officer/supervisory officer and

accordingly staff be posted along-with proper infrastructure and if required additional

staff be demanded rather than paralyzing the working of Central Excise

Commissionerates.

In policy guidelines, the posting of officers on promotions also requires

amendment and it should be on first come first go basis without any restrictions of

tenure as it does not serve any purpose and dislocate the administration in Mumbai as

well as in Pune and the family setup of the officer. Hence immediately on promotion

order be issued as per the policy.

Further, under miscellaneous head of the policy under para 10.3, ‘Child

studying in 10th or 12th’ be deleted as all the officers are stationed at one place with no

change of residence.

Officers suffering from serious ailments like Cancer/By pass surgery/Heart

problems, etc. need compassionate attention and representation, if any, has to be

considered on merits.

The Association requests for a detailed deliberation on the above issues,

therefore, kindly convene a meeting at the earliest at your convenience so

that process can be under taken after suitable amendment of the policy for the

larger interest of the cadre and organization, which will go a long way in smooth

functioning of the department.



Thanking You,



Yours sincerely



(A.K. Sasmal)

General Secretary



Copy to:



Hon’ble Chief Commissioner, Central Excise, Zone-II, Mumbai.

For kind information

Thursday, March 21, 2013

Central Excise Superintendents’
Association, Mumbai

( Recognized under F. No. B-12017/10/206-Ad-IV A dtd. 21-01-2008 ).

V.A. Kolhatkar, President A.K. Sasmal- General Secretary

Unit of AIACEGEO

___________________________________________________________________________________________
Mumbai I, II, III, V, Thane I, II, Belapur, Raigad, Customs Prev,, Service Tax – I & II Comm’te & L.T.U. Mumbai.

CIRCULAR NO. 3 / 2013

Dear Members,

Summer is approaching. Similarly the heat of the cadre is going up. As per
the call, three phases of the Agitation, as called by AIACEGEO, i.e. wearing of black
badges, boycott of excise day function and lunch hour demonstration, have been
completed successfully. CESA Mumbai expresses its pleasure for the active support
and participation by the members. However, CESA feels sad about those members who
have not abided the call of agitation given by AIACEGEO.

On 12th March, 2013 Hon’ble Supreme Court has disposed off the Contempt
Petition as there was no willful disobedience. It is disheartening that the Apex Court first
admitted the contempt petition of Pune unit as well as petition filed by Superintendent
Customs (Prev.), then clarification as sought by the Board is given, extension of time
for implementing the Supreme Court’s Order 03.08.2011 is given and number of dates
are given for holding a affective hearing. Board had engaged the service of number of
advocates to plead the case. On the fateful day, hearing took place for more than one
and half hours. Finally, after a period of one and half years the verdict given by the Apex
Court is as follows -
“All that the order dated 3.8.2011 says is that the ad hoc promotions made in
the meanwhile will abide by the final decision to be taken by the Department in terms
of Office Order. There is no direction to apply the new quota retrospectively. We do not
see that there is any contempt of this Court's order dated 3.8.2011 by the respondents.
The contempt petitions are accordingly dismissed.”

The Supreme Court’s Order dated 12.03.2013 is disheartening and has shattered
our hopes. Though the Board has changed the ratio in the Recruitment Rules (RR)
consequent to the Apex Court’s Order dated 03.08.2011, the ratio considered in the
present RR will no remove the stagnation. The growing humiliation and complex to
serve under a junior is to be fought tooth and nail till the justice is done to our cadre.
The journey is long, still we have to ride to achieve the goal of the cadre.

A meeting was held by the Board Officials with Finance Minister on
13.03.2013 to discuss the Cadre Restructuring proposal. It is learnt that the
Finance Minister raised certain queries which are as under :
1. What is the reasons why both the Ministers had suggested for less nos. of
Posts and copy of minutes of such joint agreement.

2.what is the justification in present situation to avoid such cut.

3. Expenditure involved.

4. how the stagnation problems of Supdt. cadre can be removed?

Compliance was sought on 19th of March. However the Board has not
complied till date.

A.I.A.C.E.G.E.O. held its AEC meeting at New Delhi on 16th March 2013 and
reviewed the Agitation Programme. To intensify further to a logical conclusion, it is
again decided -

Ø NOT TO ATTEND THE OFFICE ON 29.03.13, 30.03.13 AND 31.03.13.

Ø DEMONSTRATION IN UNIFORM AT JANTAR MANTAR, NEW DELHI AND
MARCH TOWARDS RESIDENCE OF FM ON 12.04.13.

Ø

Ø MASS RESIGNATION ON 30.04.2013.

18th March : The Secretary General of A.I.A.C.E.G.E.O has issued intimation letter
to Finance Minister and copy endorsed to MOS, Revenue Secretary, Chair person,
and Member (P & V) etc. (Copy enclosed.)

20th March : CESA Mumbai vide its letter dated 20th March, 2013 has
communicated to Chief Commissioners of Mumbai Zone – I, Zone – II and Zone –
III Customs and all the Commissioners of Mumbai Zone about the participation of
the proposed agitation called by A.I.A.C.E.G.E.O.(copy annexed).

We all were waiting curiously to see the outcome of the contempt petition, but
the outcome is negative. Similarly, on MACP matter Board has issued order dated 21st
February, 2013 to counter the Contempt Application filed before Chennai CAT, which
also negates the aspiration and claims of the Superintendent cadre. The only positive
development is that certain issues have been addressed, as apparent from the Minutes
of Meeting held with Member (P&V) on 31.01.2013 issued on 15.02.2013. Further, the
recognization of the Association is renewed for coming five years.
As the situation warrants we have no alternative but to coerce with the
Administration to launch agitation as we are capable to discharge the work of Customs,
Central Excise and Service Tax and even ready to take on G.S.T. but the Board is
constantly neglecting rights of our career progression. To intensify the agitation
programme further it is appealed to all our members not to attend office on
holiday 29th, 30th and 31st of March, 2013 (though the offices will be opened as per
instructions of C.B.E.C).

On 12th April at 11am Officers from entire country will assemble in uniform
at Jantar Mantar, New Delhi, will form a human chain and proceed to Finance
Minister’s house to submit the memorandum. It is the C.B.E.C. who has forced
the uniform cadre to come on the street and raise their voice against the exploitations.
To make the show of the strength and resentment join the agitation programme.
Inspectors Federation (AIACEIA) has also served Notice to the Finance Minister
and others, informing that they are also joining the agitation and will not attend
office on 29th, 30th and 31st March.

Member (P&V) vide letter dated 20.03.2013 has requested the Secretary
General of AIACEGEO to call off the agitation, claiming that CBEC is seriously
pursuing the cadre restructuring. However, it has been our experience that
only assurances have been given in past but no positive action has been taken.
Therefore, we are going ahead with the agitation as scheduled.

Condolence : Sunil J. Parker Superintendent Service Tax – I, posted in planning cell
Head Quarter, who was working in the office till Friday, expired due to massive heart
attack on 17th March, 2013 at his residence. Mr. Parker aged 56 years was a silent and
hard worker survived by his wife and son. CESA expresses its heart felt condolence
and prays that All Mighty let the departed soul rest in peace and give courage to the
family members to face the future.

Transfer and Postings Policy: CESA Mumbai vide its letter dated 14.3.2013
requested Chief Commissioner, Zone – I to amend the transfer and posting policy.
Copy attached herewith). Meeting with the Administration will be held in the first week
of April.
Dear members: Life is precious and there is value for your life. Don’t be so involved
in a mechanised routine of your office life, Take some time for yourself; do some
stretching exercise. Follow regular check-up and keep yourself fit physically and
mentally. Your family members as well as we expect you to live a long and healthy and
cheerful life - so dear Members please don’t neglect yourself.

We request all our members to get the verification of your service book done and
make nominations on all papers for smooth transition and to avoid complications.

Lastly, it is once again appealed to one and all to make the call of agitation
a success by not attending office on 29th, 30th and 31st March 2013. We look
forward to your support and active participation. Delegation of CESA Mumbai will
join the Federation in Jantar Mantar at New Delhi on 12th April 2013.

Thanking you,

Attached : As above.

Yours sincerely,

Mumbai, 21/03/2013

_________________________________________________________________________________________________________________________________________________________

A.K. Sasmal
General Secretary

Ref :CESA/23/2013
Dtd : 20.03.2013.

Hon’ble Chief Commissioner,
Central Excise, Zone – I. & II,
Customs Zone – III,
Mumbai
Sub : No office on holidays on 29th, 30th & 31st March 2013;
march to FM’s residence on 12.04.13; and
Mass Resignations on 30.04.13---intimation reg.

Respected Sir / Madam,

In continuation to the notice of agitation issued to Hon’ble Finance Minister,
Government of India by The All India Association of Central Excise Gazetted Executive
Officers(AICEGEO) and copy endorsed to Hon’ble MOS, Department of Revenue,
Ministry of Finance, Hon’ble Secretary, Department of Revenue and Hon’ble
Chairperson, C.B.E.C., New Delhi on 31.12.2012, it is further communicated by the
Secretary General, AIACEGO on 18.03.2013 that as per the decision of the AEC
meeting, the cadre will further agitate by not attending office on 29th, 30th & 31st
March 2013. Besides, the officers from all over India will gather at Jantar Mantar in
New Delhi on 12.04.13 at 11 a.m. in their uniform and proceed to FM’s residence
to submit the Memorandum.

The Central Excise Superintendents’ Association, Mumbai being the Federating
Unit of A.I.A.C.E.G.E.O, will abide by the call of the Federation and accordingly, all it’s
members i.e. the Superintendents from Central Excise Zone – I and Zone – II, Customs
(Prev), and L.T.U. Mumbai, will participate in the agitation programme. Accordingly, the
officers will not attend office on 29th, 30th & 31st March 2013 and will observe “work to
rule” as per the call of AIACEGEO.

This is for your kind information.

Thanking you,

Yours sincerely
Sd/…
A.K. Sasmal
General Secretary

Copy to:

1.

Hon’ble Commissioner, Central Excise, Mumbai I, II, III, V, Thane I, II,
Belapur, Raigad, Customs Prev,, Service Tax – I & II Comm’te & L.T.U. Mumbai
for kind information.
All India Association of Central Excise Gazetted Executive Officers, New Delhi

2.

Ä 4…

Ä 4 Ã

Ref. No. 33/A/12
Dt. 18.03.13

To,
Sh. P. Chidambaram,
The Hon’ble Finance Minister,
Govt. of India, New Delhi.

Sub: No office on holidays on 29.03.31 to 31.03.31, march to FM residence
on 12.04.13 and mass resignations on 30.04.13-intimation reg.

Sir,

Kindly refer to the Ref. No. 93/A/12 Dt. 31.12.12 and 27/H/13 Dt. 04.03.13 of the
Association.

2. It is submitted with due regards and great disappointment that there is
no change in the scenario till date. It has, therefore, been unanimously decided in
the Associate Committee meeting of the Association on the issue to intensify our
Satyagraha/agitational programme, if all the points/grievances are not settled on
immediate basis.

3. Accordingly, it is intimated that the following steps will also be observed as
part of our Satyagraha-
(i) None of our officers will attend the office on holidays on 29.03.31 to
31.03.31 throughout the country.
(ii) The officers will gather at Jantar Mantar in Delhi from all over India on
12.04.13 at 11 a.m. in their uniform and proceed to gather around the residence of your
goodself to submit the Memorandum.
(iii) All of our officers throughout the country will submit their resignations on
30.04.13 under protest.

6. The charter of the demands is enclosed herewith.
Thanking you,

Yours faithfully,

Encl: Charter of demands.

Sd/-
(RAVI MALIK),
Secretary General.

Copy with the request for necessary action to-
1) The MOS, Department of Revenue, Ministry of Finance, North Block, New Delhi.
2) The Secretary, Department of Revenue, North Block, New Delhi.
3) The Chairperson, CBEC, North Block, New Delhi.

Sd/-
(RAVI MALIK).

___________________________

Ref:CESA/21/2013
Dtd :14.03.2013.

Hon’ble Chief Commissioner,
Central Excise, Zone – I,
Mumbai

Sub: Request for Amendment in transfer & posting policy – reg.

Respected Sir,

Kind attention is invited towards the transfer &posting policy formulated by the
then Chief Commissioner, and the orders issued thereafter in the year 2011 and 2012.

The ICT issued in the year 2012 was in accordance with the formulated policy.
Thereafter, within a month, the Administration in C.Ex. Mumbai Zone – I issued another

Ä 5…
der in the name of loan postings wherein all the norms were violated and the very
same officers were again posted in the same formations/sections from where they were
rotated/transferred. Thus, the very purpose for which administration is keen to
rotate the officers is defeated. These violations were brought into the notice of the
Administration time to time and the then authority agreed to rectify the same in the next
ICT Order and had also agreed to amend the policy as per the requirement.
In the above background Association requests that before undertaking the
process of ICT a meeting be convened with recognized Staff Associations to have a
relook on the policy and also the instances be rectified in the ICT Order to be issued
this year.
There is a need to review the working strength of each formation/
Commissionerate as well as Directorates and accordingly staff be deployed.
Further, strength of M & P. formation also requires a review and staff be
withdrawn from there also.

The arrangement of deploying staff in LTU, should be zone-wise or
Commissionerate-wise i.e. the strength be divided into Zone – I, II, Pune, Nashik and
Aurangabad and their actual strength be revised instead of squeezing the Zone–I staff
only or making it a transit camp for outgoing officers on promotion.
In Service Tax Commissionerates, it is observed that to cope-up with the
pendency position, authorities are asking staff more and more and they are obliged also
without having any consideration as to how long and how much staff is to be given.
Norms be fixed to handle the no. of assessees per officer/supervisory officer and
accordingly staff be posted along-with proper infrastructure and if required additional
staff be demanded rather than paralyzing the working of Central Excise
Commissionerates.
In policy guidelines, the posting of officers on promotions also requires
amendment and it should be on first come first go basis without any restrictions of
tenure as it does not serve any purpose and dislocate the administration in Mumbai as
well as in Pune and the family setup of the officer. Hence immediately on promotion
order be issued as per the policy.
Further, under miscellaneous head of the policy under para 10.3, ‘Child
studying in 10th or 12th’ be deleted as all the officers are stationed at one place with no
change of residence.
Officers suffering from serious ailments like Cancer/By pass surgery/Heart
problems, etc. need compassionate attention and representation, if any, has to be
considered on merits.
The Association requests for a detailed deliberation on the above issues,
therefore, kindly convene a meeting at the earliest at your convenience so
that process can be under taken after suitable amendment of the policy for the
larger interest of the cadre and organization, which will go a long way in smooth
functioning of the department.

Thanking You,

Yours sincerely

(A.K. Sasmal)
General Secretary

Copy to:

Hon’ble Chief Commissioner, Central Excise, Zone-II, Mumbai.
For kind information

  •  

Sunday, March 17, 2013

Message From: Ravi Malik ravimalik_sweet@yahoo.com
Subject: AC meet of 16.3.13, SC contempt order

Dear friends,
Good morning.
... 1. The following decisions were taken in the AssociateCommittee meeting of
16.03.13 at Delhi regarding agitation-
i) Our Satyagraha/agitational programme will beintensified, if there comes
nothing concrete in our favour. If something seemsto be concrete, the
President ...and Secretary General may review the programme consultingeach
other. The following steps will be observed to intensify the programme-
a) None of our officers will attend the office on holidayson 29.03.31 to
31.03.31.
b) The officers will gather at Jantar Mantar in Delhi on12.04.13 at 11 a.m.
in their *uniform*and proceed to gather around the residence of the Hon’ble
Finance Minister tosubmit him the Memorandum. Every unit will ascertain to
come to Delhi at leastwith 20 officers from its jurisdictional area to
observe this programme.
c) The Units will start immediately to collect letters ofnotice regarding
“mass resignations” from the members to be submitted to theadministration
on 30.04.13.
d) The zonal/all India office bearers may visit the unitson invitation from
respective unit preferably on holidays to mobilise themembers, wherever
required. The expenses of the visit will be borne by therespective unit.
However, it is felt that the unit office bearers should be wellcapable to
mobilise the members under their jurisdictional areas.
2. The deliberations were also held with the All IndiaInspectors
Association in the direction of forming a combined forum to pursuethe
common issues. It has principally been agreed that a Coordination
Committeewould be formed initially as an instant step and a Federation
would be formedas final step. The Secretary General of the Inspectors
Association will alsoconsult his committee to explore the possibility of
observing the commonprogramme on 29.03.13 to 31.03.13, 12.04.13 and
30.04.13, if practicallypossible keeping in view the time constraint.
3. The AEC meeting of the Association would be held atHotel Patliputra
Ashoka, near C. R. Bldg., Virchand Patel Marg, Patna on 25.05.13and
26.05.13 (Saturday & Sunday). All the units may kindly make itconvenient to
attend the meeting making all the preparations including bookingof journey
well in advance. Units may also kindly send theiragenda-cum-suggestions
well in advance. Thanks and congratulations to our PatnaUnit to arrange the
meeting.
4. All the units are requested to clear their dues at anearly date and also
donate maximum funds to the All India Body to make theorganisation
stronger. The Savings Bank account number of AIB is 90672010069746in
Syndicate Bank, C. R. Bldg., New Delhi (IFSC: SYNB0009067). Congratulations
andall appreciations to our Shillong Unit to already clear the dues for
2012-13too.
5. A format for poster for further programme is alsoattached herewith.
6. The copy of the order of the Hon'ble Supreme Court in contempt case is
also attached herewith.
Love,
Ravi.
COUNTER TO BE FILED IN CAT IN PARITY CASE.

1. There arises no question of dismissing the case on the ground of delay. The condonation of delay has been filed on valid ground for the sake of justice to the applicant. It is neither misconceived nor non-maintainable. Rather the applicant should have been granted the ex-parte relief when none of the respondents liked to appear in contemptible manner on earlier hearings giving no respect to the notice of the Hon’ble Tribunal.

2. The respondents are opposing the application only for the sake of opposition without having any ground. The application is noway misconceived and is duly maintainable.

3. The application is duly and legally maintainable.

4. All the facts, figures and averments in the ‘List of Date’ are true and correct to the best of the knowledge & belief of the applicant.

Details of application

A. The ratio of 13:2:1 is very correctly has been fixed arbitrarily against the guidelines of DOPT. This ratio will noway be able to grant ‘just & fair representation’ to the Central Excise category because the category already ahead will remain always ahead even if 1 vacancy/post out of even millions vacancies is given to it and senior officers will always be headed by the juniors after common entry into same cadre which is the basic question of law raised by the applicant. Para 2.2.2 of seniority instructions under DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11th November 2010 very clearly says “ Where promotions to a grade/post are made from more than one grade owing to a small number of posts, it would be required to prepare a combined eligibility list of the candidates from various feeder grades with due regard to the inter-se seniority of the candidates of various feeder grades.” Thus, in such case, fixing of any ratio is arbitrary because the number of promotional posts meant for Central Excise category available is even less than 4%. Due to this reason and gross injustice, the common entry counterparts of the applicant category are retiring in PB4 while applicants are retiring in PB2 and are also forced to work under their juniors. The Hon’ble Supreme Court never said to fix the ratio on the basis of the regular sanctioned strength of the three concerned feeder grades but it was directed to revise/amend the recruitment rules for the ‘just & fair’ representation of each category. The ‘just & fair’ representation is not possible until the officers from each category represent each promotional post in proportion of their strength in simple arithmetic manner. The CBEC has also already admitted this discrimination and gross injustice under the minutes of its Board meeting dated 12.01.11 and 18.02.11 also saying that the change of ratio would not be able to undo the injustice. Moreover, they have mentioned a ratio of 15:2:1 instead of 13:2:1 in the above minutes. So, the applicants have every cause of action and their application is duly maintainable on the alone ground of the senior being headed by the junior.

B. The representation/s of the concerned applicant Association was/were noway considered as this Association never represented asking for the ratio formula. No speaking order was passed by the respondents disposing of the representations of the concerned applicant Association. Thus, the para is noway misconceived.

C. Three Gazetted Executive grades are noway distinct from each other. All are doing same type of work of revenue collection. Superintendents of Customs and Appraisers are doing it at Customs side while the Superintendents of Central Excise are doing it in all of the three streams, i.e., Central Excise, Service Tax and Customs. More than 70% of Land Customs work is also being looked after by the Superintendents of Central Excise. (Airport policy). The Superintendents of Central Excise are also working as the Appraisers (orders) and

Superintendents of Customs (Dry ports etc.). The division of Gazetted and Non-gazetted grades into zonal/Commissionerstae based cadres is also the one of the reasons of disparity in promotions (as admitted by the respondents). These disparities will automatically removed, if all the officers, i.e., Inspectors of Central Excise & Land Customs and Inspectors (Examiners & Preventive Officers) of Customs, belonging to same cadre of Inspector recruited through common process in the same organisation of CBEC under the same Department of Revenue in the same Ministry of Finance. It is the admitted fact by the CBEC itself in the Board meeting of 21.01.11 & 18.02.11 that the Examiner of 1992 became Asstt. Commissioner in October, 10 while Inspector of 1975 still waiting to become Asstt. Commissioner. It had also been admitted that Examiners are reaching the level of Additional Commissioner (5 promotions) while the most of the Inspectors of Central Excise retiring after only one promotion. This is the reason that the applicants filed this application to bring all the Inspectors of Central Excise, Examiners & Preventive Officers of same year to same level of promotion. The zonal recruitment based on zonal cadres being found faulty, the Hon’ble Supreme Court directed the CBEC in the year 1996 to make the recruitment on all India level under all India merit list.

D. Nothing emotional has been based by the applicants. The submissions made by the applicants are based on facts and law raising the question of law whether a senior officer having three stream expertise recruited in the same cadre through same recruitment process should be forced to work under a junior with single stream expertise.

2.

3. The OA is noway time barred.

4. Facts of the case:

A.

B. All the three categories belong to same cadre subdivided by the CBEC in very discriminatory manner without any justification resulting into discriminatory rate of promotion for one and very advantageous rate for other who is heading former after a time gap particularly after being remerged at the group ‘A’ entry level. The merger at group ‘A’ entry level again substantiate that all of three belong to a single cadre. In the recruitment rules also, all of three are mentioned as Inspector without differentiation in their nature of job.

C.

D. Even the Zonal recruitment being found faulty, it was stopped by the orders of Supreme Court. As far as merit is concerned, the Inspectors of Central Excise were being placed on top while the Examiners were being placed at the bottom.

E. Duties and responsibilities of all of three categories include collection of Customs duty. Inspector of Central Excise also perform the duties relating to the collection of Central Excise duty and Service Tax. Thus, they have multi-expertise capabilities and abilities. The Examiners and Preventive Officers have no work experience of Central Excise and Service Tax work. The Examiners head their senior of Central Excise and Service Tax even by 17 years after entry into group ‘A’ despite of having no working knowledge of Central Excise and Service Tax. Thus, the Examiners can’t stand even a bit in expertise before the Inspectors of Central Excise.

F.

G. In the past, one all India merit list was also being published by the SSC in which Central Excise Inspectors were being placed on top and Examiners at bottom. Thus, it is clear that the Central Excise Inspectors kept occupying the top merit instead of Preventive Officers and Examiners. The Preventive Officers were, however, also being placed above the Examiners in the merit. The respondents may kindly be asked the past records when the Examiners were being placed on top in the recruitment merit.

H.

I. Very strange reply has been given by the respondents. Their own records tell that Sh. H. K. Sharma is posted in Customs wing of Delhi Commissionerate now. His factual details are very well available in his service book places with the concerned DDO. This reply merely shows the grossly non-serious attitude of the respondent towards the notice of the Hon’ble CAT.

J.

K. The Inspector of Central Excise, Preventive Officer and Examiner are not the different cadres but are only different categories belonging to the same cadre of Inspector. The single cadre has been divided/trifurcated since very initially into three categories by CBEC as per their whims & wills without any justification, reasoning and application of mind. They also have created different recruitment rules for these three categories belonging to single cadre without application of mind. Their single cadre character is again evidenced by the re-merger at group ‘A’ entry level of Asstt. Commissioner discriminating one and benefitting other on the cost of former.

L. The promotional posts of above three categories also belong to same grade as Superintendents of Central Excise are also working as Superintendents of Customs and Appraisers. Further merger of all of these three categories at Asstt. Commissioner level is also a strong evidence that these belong to a single grade. Thus, this single grade has also been trifurcated by CBEC in an arbitrary manner to benefit a particular categories to the reasons well known only to them.

M. Admitted promotion from three group ‘B’ gazetted executive categories, i.e., Superintendent of Central Excise, Superintendents of Customs (P) and Appraisers, (belonging to same grade of group ‘B’ gazetted) to single grade of Asstt. Commissioner further substantiate that not only the Superintendent of Central Excise, Superintendents of Customs (P) and Appraisers belong to a single grade but also the Inspector of Central Excise, Preventive Officer and Examiner belong to the single cadre of inspector as also depicted in their recruitment rules.

N.

O.

P. The Board has never tried to alleviate the stagnation of stagnated categories. The respondents may kindly produce the records showing their efforts to remove/alleviate the stagnation of these categories. The Board always tried to alleviate the stagnation of non-stagnated categories whether belonging to Ministerial or IRS class. Presently, the scenario is that Sepoys, LDC’s, UDC’s, Tax Assistants, Senior Tax Assistants etc. are also retiring as Superintendents after getting many promotions and the Inspectors are also retiring as Superintendents after getting only one promotion barring 1%. Group ‘D’ officers, Ministerial officers, Examiners etc. are getting 5 to 6 promotions whereas IRS officers are getting upto 7 promotions and Membership or Chairmanship of any authority or Commission after retirement. Thus, CBEC has always been trying to alleviate the stagnation of the categories already getting 4 to 7 promotions instead of the category retiring only after one promotion. In the last cadre restructuring, the IRS officers were granted parity with the intra-departmental counterparts of CBTD and in the ongoing cadre restructuring, they have been proposed parity with other better placed inter-departmental counterparts of group ‘A’ cadres to promote their Asstt. Commissioner to the post of Commissioner within 17 years of qualifying service. But no such parity has even been thought for the officers recruited as Inspectors even with their intra-organisational counterparts, i.e., Examiners. Actually, these officers should have also been granted parity not only with intra-organisational and intra-departmental (CBDT) counterparts but also with other better placed inter-departmental counterparts including CSS etc. The respondents are worried to implement the guidelines relating to IRS officers but not worried at all to implement the guidelines in r/o the officers recruited as Inspector. OM No.

AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of DOPT clearly says that the promotion of Inspector grade officers to the grade of Joint Commissioner, Addl. Commissioner and Commissioner respectively should be made within 12, 17 and 20 years. The respondents have themselves admitted under this para that the stagnation of the applicants would only be reduced to a certain extent by the ongoing cadre restructuring. The respondents have also admitted in the Board meetings of 12.01.11 and 18.02.11 that the ongoing cadre restructuring will also not be sufficient to remove the stagnation of these officers. The respondents may kindly be asked to confirm whether the ongoing cadre restructuring would also be sufficient to grant the above mentioned grades to the officers as per the guidelines. The respondents recommended to the CPC the time scale after every 7 years but they did nothing to that effect for the applicants in cadre restructuring which was a certain opportunity for the same, if the intention and approach of the respondents were honest and they were really willing to do something for the applicants. Only 1% more officers belonging to the applicant category are expected to touch the group ‘A’ as a result of so called cadre restructuring. Stagnation removal never means that a few officers should merely enter the lowest group ‘A’ post but it means that the officers should reach the higher level of promotions within qualifying service. There are clear cut guidelines that of DOPT that the cadre restructuring should take care of the stagnated categories instead of non-stagnated categories and it should happen after every 5 years but the respondents are not following the same. Only one cadre restructuring has happened in the history of CBEC in 2002 caring for IRS officers only granting them parity with their counterparts of CBDT. The ongoing cadre restructuring was started in 2006 and is still pending even after 7 years of its start while one more cadre restructuring should have happened during this period as per the guidelines. Even after 2002, two more cadre restructuring should have happened and third one started.

Q. The averment of the respondents is quite contradictory. On one hand, they have compared IRS officers of CBEC with the cadre of CBDT and also other better placed group ‘A’ cadres and granted them parity. On the other hand, they same thing is being denied to the applicants in discriminatory manner. The respondents can’t and shouldn’t adopt double standards in the matter, something the most beneficial to IRS officers and something the worst for the applicants.

R & S. It is reiterated that the representations received from the applicant Association were never examined as no action has been taken on any of the representations. Even the respondents didn’t supply the requisite information under RTI Act to the applicant regarding date of the disposal of the representations despite of the appeal.

T. The respondents never strived to improve the promotional avenues of The Inspectors and Superintendents. In cadre restructuring, they even didn’t try to implement their own decision of granting time scale after every 7 years as recommended to the CPC. The seniors of one category are forced to work juniors of other category due to their biased approach. They have created the posts in higher pay scales for IRS officers in cadre restructuring but not implementing the recommendations of higher pay scale made by the CPC for the Superintendents of Central Excise under para 7.15.24. They are also not implementing their own letter F. No. A-26017/44/94-Ad II(A) dt. 08.03.95 issued by their Deputy Secretary named Sh. Dharmvir Gupta in r/o grant of arrears of pay to the Inspectors of Central Excise. The always deny everything to the applicants on one pretext or other sometimes saying that not recommended by the Commission or Committee or saying that not accepted, even if recommended by expert body. They may be asked what they have done for the applicants in last 2 or 3 decades, if they are claiming that they are continuously striving to improve the promotional avenues of the applicants.

U.

V. The representations of the applicant Association were not considered at all. The recruitment rules revised/amended by the respondents will noway give the just and fair representation to the applicants as directed by the Hon’ble Supreme Court. The arbitrariness of the respondents is well evident from the fact that the said ratio was admitted by them as 15:2:1 in the CBEC Board meetings of 12.01.11 and 18.02.11 whereas it has also been changed them arbitrarily to 13:2:1. It is, however, different question whether this ratio even of 15:2:1 is correct or incorrect and also whether the ratio formula should be imposed on the applicants despite of the number of promotional vacancies being too less.

W. The qualifying service as per OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of DOPT should be two years for promotion to the post of Asstt. Commissioner from Superintendent which has again arbitrarily been mentioned as three years by the respondents. The respondents have also not disclosed the name of the advance stage.

X. The CBEC never strived to do away with the disparity in promotional avenues of three non-gazetted executive categories of Inspector, Examiner and Preventive Officer due to which the senior officers are forced to work under the juniors. The arbitrary and discriminative treatment is also evident from the fact that the qualifying service for next promotion from the post of Examiner has been fixed as 3 years while it is 8 years in the case of Superintendents. As far as the permission of DOPT is concerned, DOPT communications issued vide D.O.No.5/26/2010-CS.II(A) Dt. 06.10.10, No. 19/1/2008-CS.I(P) Dt. 20.07.10, No. 20/51/2009-CS.II Dt. 27.01.11, No.35034/9/2010-Estt.(D) Dt. 10.02.11, OM No. 35034/9/2010-Estt. (D) Dt. 10.02.11 etc. stipulating very clearly that the cadre restructuring should be viewed to mitigate the stagnation of the stagnated employees. If posts can’t be created, the promotions may be granted on in-situ basis requiring no creation of posts. As the last option, even time scales may be granted after completion of qualifying service in consonance of OM No. AB-14017/61/2008-Estt.(RR) dt. 24.03.09 of DOPT.

Y. It is again arbitrary on the part of the respondents that the in situ promotion scheme to promote the officer as Asstt. Commissioner after 20 years of service and as Deputy Commissioner after 25 years of service was kept in abeyance despite of the approval of Board. It is also not understood how any individual authority can keep the scheme in abeyance even after the approval by the Board. How the re-fixation of the ratio was became the best option despite of it already being rejected in the same Board meeting in which in-situ promotion scheme was approved? The Hon’ble Supreme Court never directed that the ratio formula should be inducted in the recruitment rules. This decision to keep the in-situ promotion scheme in abeyance has no relation with the Supreme Court judgement and is completely arbitrary with the intention not to give any benefit to the officers.

Z. It has been admitted by the respondents that revision of promotion quota would not reduce the stagnation. It is not understood why the revision in promotion quota was given preference over in-situ promotion scheme and why the recruitment rules were not revised for the sake of equity despite of the affidavit filed by the respondents to that effect. As far as restructuring is concerned, it has already been submitted that it would enable only 2% of the officers (joining as Inspector) to enter junior group ‘A’ at the fag end of the career without having any effect on their stagnation and without giving them opportunity to reach higher levels at par with their common entry counterparts. Not only it, the senior officers of one category will continue to work under their juniors of another category till ratio formula is applicable. The respondents may kindly be asked to disclose their steps/scheme (if any) to undo this injustice. They should calculate which year Examiner would attain what level and which year Inspector what level after cadre restructuring.

ZA. The respondents should produce the copies of the speaking orders in r/o each representation of the applicant Association, if they have really considered the same.

ZB. The all of the representations of the applicant Association were ignored as no action in consonance of the representations is visible anywhere. On the other hand, the representation of one of the categories was duly accepted and the ratio was changed from admitted 15:2:1 to 13:2:1 due the reasons best known only to the respondents.

ZC. It is not understood how a rejected option of ratio became the best and how it would achieve parity in comparison to the categories who are already ahead of the applicant category. Parity will only be established when no senior of one category is forced to work under no junior of another category. It is a simple mathematical formula that a category already ahead would always remain ahead, even if a single post/vacancy is given to that even out of billion posts/vacancies. The respondents have quoted wrong guidelines of DOPT. These guidelines are applicable only when the number of promotional posts/vacancies are sufficient and the feeder grade officers don’t belong to same cadre and same organisation. When number of promotional posts/vacancies is too less (only 1% in the case of applicants), these guidelines are never applied as already submitted in the para A above under details of application.

ZD. That the representations of the applicant Association have not been considered is also evident from the arbitrary fixation of ratio paying also no heed to para 2.2.2 of seniority instructions under DoP&T’s O.M. No.20011/1/2008-Estt.(D) Dated 11th November 2010.

ZE.

Grounds

Para i. It is reiterated that the representations of the applicants were never considered.

Para ii. The said ratio is noway able to grant the “just and fair” representation to the applicant category. The just & fair representation is simple mathematical representation which is never possible until the officers belonging to each category make their mathematical representation at each level of promotion upto the top in proportion of their mathematical strength. The Hon’ble Supreme court never directed to formulate any ratio formula but said to amend/revise the recruitment rules including altering of ratio to attain just and fair representation of each category. Supreme court also cobidered them different categories instead of different cadres.

Para iii & iv.

Para v & vi. It is not understood how an individual authority can change the full Board decision. It is really arbitrary and high-handed because this scheme was approved by the Board independent of cadre restructuring or any other measure.

Para vii. The respondents may kindly be asked whether the proposed rules would be able to grant the parity in promotions and no senior of one category would work under the junior of another category.

Para viii. It has already been submitted and also admitted by the respondents in their Board meeting that the ongoing cadre restructuring would also be not able to remove the stagnation of applicants. The removal of stagnation is never meant to enter a few a few officers into junior group ‘A’ without reaching higher levels particularly when the other counterparts are retiring at PB4 levels.

Basic feeder classes/groups/streans

1 to 3.

Sub paras i-xxii: Only having basic knowledge or passing basic examination doesn’t make any junior expert than senior. Basic knowledge or passing of basic examination can never be compared with more than decade long experience. The respondents have also made a false statement saying that the Inspectors of 1992-93 have been promoted to group ‘A’ which is

contemptible. They may be asked to provide the names of such officers. The reality is that the Examiner of 1992 has already entered group ‘A’ in October. 10 as admitted by them in their Board meeting of 12.01.11. They have admitted the stagnation of Preventive Officers under this para of their reply which also required to be removed and the only way to remove this stagnation is to bring all the Inspectors, Examiners and Preventive Officers of same year at same level of promotion as was also admitted by them on 18.01.11 during the presentation of cadre restructuring.

Para 6 & 7:

Para 8: (relief sought) It is very well evident from the above submissions that the Central Board of Excise and Customs has never tried to ameliorate the problem of acute stagnation in the group ‘B’ executive grade. The CBEC has not acted till date on any of the points presented by them on 18.01.11 during the presentation on the ongoing cadre restructuring. The O. A. Contains no factually incorrect information as per the best knowledge and belief of the applicants. However, the respondents have filed many factually incorrect information in their reply. The O. A. Has every merit and the applicants deserve well the reliefs sought by them.

Para 9.

Para 10 to 11.

Additional grounds

13. The reply filed by the respondents is arbitrary, illegal, misconceived, uncalled for, not maintainable and without application of mind. The O. A. Has all merits and the applicants deserve all the reliefs sought by them. The respondents deserves very heavy cost in favour of the applicants on account of frivolous reply filed by them.

AIACEGEO

IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
CONTEMPT PETITION (C) NO.295/2012 IN W.P(C) NO.385/2010
ALL INDIA ASSN.OF CEN.EXC.& ANR. Appellant(s)
:VERSUS:
R.S. GUJRAL & ORS. Respondent(s)
WITH
CONTEMPT PETITION (C) NO.285/2012 IN CIVIL APPEAL NO.1198/2005
S.P. DUDEJA & ANR. Appellant(s)
:VERSUS:
S.K. GOEL & ANR. Respondent(s)
O R D E R
1. Heard Mr. Vikas Singh, learned senior counsel in support of the first contempt petition and Mr. J.K. Das, learned senior counsel in support of the second contempt petition. Both these petitions are filed alleging breach of the order dated 3.8.2011passed by this Court in Civil Appeal No.1198 of 2005 and Writ Petition (Civil) No. 385 of 2010. The petitioners in the first contempt petition belong to the cadre of Superintendents of Central Excise, whereas the petitioners in the second contempt petition belong to the cadre of Superintendents of Customs (Preventive). There is one more cadre of the same rank which is that of Customs Appraisers. The posts in these three cadres are Group B posts. They are the feeder cadres for promotion to the posts of Assistant Commissioners (Central Excise & Customs) which are Group A posts.
2. These three cadres were then having the ratio of 6:1:2 for promotion to Group A posts. The issue was with respect to the proper representation of the three cadres. When the above referred writ petition and civil appeal were heard, this Court did not express any opinion on the merits of their claims, and it was left to the Government to alter the existing ratio after considering the representations of all the parties concerned. While disposing of the appeal and the writ petition this Court gave certain directions. Direction No.4 out of them read as follows:
“4. Having perused one of the Office Orders (No.51/2011 dated 18th March, 2011), whereby
some officers were promoted from Group 'B' to the grade of Assistant Commissioner of Customs & Central Excise in the Pay Band 3 with Grade Pay of Rs.5400/- on purely ad hoc basis, we direct that all such ad hoc promotions shall abide by the final decisions to be taken by the Department in terms of this order.”

3. It has so transpired that the relevant rules have been subsequently revised and now the quota for the three cadres for promotion to the Group A posts is in the ratio of 13:1:2. The new quota is made applicable prospectively.
4. The submission of the petitioners is that by this Court's order dated 3.8.2011, directions were issued to the respondents which have not been complied with by them. The petitioners contend that this direction No.4 implies a retrospective application of the revised formula on the quota for each cadre, since the promotions effected in the meanwhile were on an ad hoc basis. That was not done.
5. Mr. Amarendra Sharan, learned senior counsel appearing on behalf of the intervening parties, Mr. Rajiv Nanda appearing for the Union of India and Mr. Patwalia, learned senior counsel appearing on behalf of the private respondents submitted that the submission made on behalf of the petitioners is erroneous. The order did not state anywhere that the quota when changed will apply retrospectively. At best it could be said that according to thepetitioners the implementation was not in conformity with the directions of this Court passed on 3.8.2011, but there is no disobedience, whatsoever, of the directions in making the newly formed quota applicable prospectively.
6. Having noted the submissions of both the parties, we are in agreement with the submissions made on behalf of the Union of India as well as the intervenors. All that the order dated 3.8.2011 says is that the ad hoc promotions made in the meanwhile will abide by the final decision to be taken by the Department in terms of Office Order. There is no direction to apply the new quota retrospectively. We do not see that there is any contempt of this Court's order dated 3.8.2011 by the respondents. The contempt petitions are accordingly dismissed.
.........................J
(H.L. GOKHALE)
...........................J
(DIPAK MISRA)
New Delhi;
March 12, 2013.

ITEM NO.6 COURT NO.12 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
CONTEMPT PETITION (C) NO. 295 OF 2012 IN W.P(C) NO. 385/2010
ALL INDIA ASSN.OF CEN.EXC.& ANR. Petitioner(s)
VERSUS
R.S. GUJRAL & ORS. Respondent(s)
WITH
CONMT.PET.(C) NO. 285 of 2012 in C.A. No. 1198/2005
(With application for impleadment)
Date:12/03/2013 These Petitions were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE H.L. GOKHALE
HON'BLE MR. JUSTICE DIPAK MISRA
For Petitioner(s) Mr. Vikas Singh,Sr.Adv.
(in CP 295/12) Mr. Sibo Sankar Mishra,Adv.
Mr. Adbhut Pathak,Adv.
(in CP 285/12) Mr. J.K. Das,Sr.Adv.
Mr. S.K. Das,ADv.
Mr. Avijeet Bhujabal,Adv.
Mr. P.P. Nayak,Adv.
Mr. D.M. Sharma,Adv.
For Mr. Parmanand Gaur,Adv.
For Respondent(s) Mr. H.P. Raval,ASG
Mr. Rajiv Nanda,Adv.
Mr. V.K. Biju,Adv.
Mr. B.K. Prasad,Adv.
for Mr. Arvind Kumar Sharma,Adv.
Mr. P.S. Patwalia,Sr.Adv.
Mr. Jitendra Mohan Sharma,Adv.
Mr. Samar Singh,Adv.
Mr. Ajit Sharma,Adv.
-2-6
Mr. Amarendra Sharan,Sr.Adv.
Mr. L.R. Singh,Adv.
Mr. S.C. Jha,Adv.
UPON hearing counsel the Court made the following
O R D E R
Heard the learned counsel for the parties. We do not see that there is any contempt of this Court's order dated 3.8.2011 by the respondents. The contempt petitions are dismissed in terms of the signed order.
(A.S. BISHT) (SNEH LATA SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)