CESA’S OBSERVATIONS -- DOPT’s INSTRUCTIONS DATED 4.3.2014 in regard to Apex Court judgement in the case of N.R. PARMAR Vs. UOI and Others

Sub :-Inter Se Seniority of direct recruits and promotees – DOPT OM dated 4.3.2014 - Reg.

          DOPT has issued an Office Memorandum on the above subject on 04.03.2014.  On going through the same CESA, Mumbai  observed the following flaws :-

The Seniority List in the Zone are Still Provisional.   Hence, the instructions not to reopen the past cases does not apply in this case, as interpreted at Sr.No.(i) read with Sr.No. (d) of Para-5 of the OM which state is as under :

    “(d) Recruitment Year would be the year of initiating the recruitment process against a vacancy year…”

          In the CBDT, while preparing the seniority list aforesaid procedure has already been followed, whereas in our CBEC, Seniority Lists have not been prepared on the basis of  vacancy year or recruitment year as the case may be.

          Hence, as far as the Central Excise is considered the said OM appears to be faulty.  Further, all the Seniority Lists are provisional since beginning and promotions are being carried out on the basis of those Provisional Seniority List from time to time.  Hence, the instructions contained in para-5(i) of the said OM are not applicable to that effect. Since the seniority has not been settled as on 27.11.2012 and the same is opened for re-fixation. Therefore, the said OM does not bar to refix the seniority as per the Apex Court judgement in  NR Parmar Case. This is the inference of the said OM

           However, the beauty of the said OM is shattered vide para No.5(h) having effect from 27.11.2012 i.e. the date of the Apex Court judgement. 

         Let us see, the contempt proceedings for non-implementation of NR Parmar case is scheduled on 7/3/2014. 

           Hope, the said OM will be set-aside and spirit of the judgement will be restored, one again in the interest of justice.

         

LET US HOPE FOR THE BEST.

                                                                              -- CESA, MUMBAI.