Ref
: CESA/40/2014
Date : 16.06.2014
Date : 16.06.2014
Ms. J.M.
Shanti Sundharam
Hon’ble Chairperson,
Central Board of Excise & Customs,
New Delhi
Ms Joy Kumari Chander
Hon’ble Chairperson,
Central Board of Excise & Customs,
New Delhi
Ms Joy Kumari Chander
Hon’ble
Member (P&V),
Central Excise & Customs,
New Delhi.
Central Excise & Customs,
New Delhi.
Respected
Madam,
Sub:
-Request for rectification of Seniority List of Superintendent Cadre of Mumbai
Zone before fixing of DPC date for Promotions from Group ‘B’ to Group ‘A’ in CBEC- reg.
This is to bring to your kind notice
that CESA Mumbai has made several communications to the concerned Authority and
the delegation in person also appraised the irregularities in placement of
Mumbai Officers in the AISL on account of :
(A)
Date
of promotion 30.09.1996 (Afternoon) vide vide Establishment Order No.225/1996 dated 30.09.1996; (AISL-I)
(B)
Deemed Date of
Promotion
by other Zones without assigning any reason, even deemed date of promotion shown
on Saturday & Sunday (AISL-II)
(C)
Non-implementation
of Board’s instruction dated 24.10.2011 addressed to Jaipur Zone, regarding
Long Term vacancies among other Zones uniformly; (AISL-II)
(D)
Non-implementation OM
dated 10.08.2010 as implemented in CCA Kolkatta Zone uniformly amongst other
Zone, ;
(AISL-II)
(E)
Pre-dated Promotions were given by some
of the Zones ignoring the Board instruction to effect promotion on the same
date across all the Zones; (In both AISL-I &II)
(F)
Non-implementation of
Board’s instruction dated 3rd April, 2014 by holding review DPC in
Mumbai for the resultant 104 vacant post and consequential non-reviewing the
vacancy position from 01.01.1999
(G)
Revision of Zonal
Seniority List of Inspectors since 1978
as per ratio of N R Parmar case
dated 27.11.2012
As regard to (A) above, the said EO has given effect of
promotion from 30.09.1996 (Afternoon) which is reflected as 01.10.1996 in the
AISL-I. Ad.II Section who looks after the AISL-I, vide their letter dated 21st
May, 2014 addressed to Cadre Controlling Commissioner,
Mumbai-I has sought clarification and rectification of the irregularities in
the Establishment Order No. 225/1996 dated 30.09.1996, in as much as, when
Board’s instruction was to effect promotion from 30.09.1996 why the same was
granted from 30.09.1996 (Afternoon). Once the correction is made in the said
order, the effected Mumbai Officers will be properly placed upward in AISL-I. Corrigendum to rectify the Estt Order
225/1996 is issued on 12.6.2014, accordingly the placement of Mumbai Officers needs revision in the AISL-I.
As
regard to (B), junior officers are placed above Mumbai Officers although they
have been promoted on a later date but by virtue of deemed date of promotion
subsequently, they have been placed above junior officers without assigning any
reason or any ruling from Court or CAT. It
is also observed that around 100 officers have been shown as deemed to have
been promoted on particular dates which happen to be Saturday and Sunday. On being enquired, it is stated by both the
Authorities responsible for maintenance of AISL that their job is only to
compile the AISL based on Zonal Seniority List and have not gone into the
details about the cause of deemed date of promotion and the date of promotion
shown on Holidays etc. thereby the
Mumbai officers are not properly placed. This needs detailed examination as represented several times on this
account.
As
regard to (C), Board vide letter F.No.A-29014/M/2011-Ad.IIB dated 24.10.2011 had
issued a specific direction to Chief Commissioner of Central Excise, Jaipur
Zone stating that regular promotions to the grade of Superintendents of
Central Excise against the long term vacancy on account of promotion of (Jaipur
Superintendent) to the grade of Assistant Commissioner could be effected.
In the
light of above, Cadre Controlling Zone, Mumbai vide their letter dated
28.03.2014 sought that the same stand (like Jaipur Zone) be applied to this Zone. Because of lack of specific clarification in
this regard, the officers of this (Mumbai) Cadre Control are being un-duly
denied the benefit (of regular promotion) as granted to the Jaipur Zone and
accordingly the sernior officers are placed below in the seniority list
vis-à-vis the junior officers of the Jaipur Zone. The said OM is to be
uniformly implemented so that Mumbai alongwith other officers of other zones
will not be deprived of their proper place in both the AISL-I & II.
As
regard to (D), Kolkatta CCA Zone has implemented DOPT’s OM
NO.36012/45/2995 Estt (Res) dated 10.8.2010 and revised the seniority list. The
said OM dated 10.8.2010 should be made applicable to all the Cadre Controlling
Zones of CBEC and accordingly both the Seniority lists (AISL-I & II ) may
be revised.
As regard to (E), it is observed from the AISL that in few Zones the Officers
have been promoted ranging from 20th to 29th of relevant
month whereas normally vacancy arises out of superannuation i.e. after end of
month. This means that the practice prescribed by the Board is not followed
uniformly. Further, at the time of up-gradation, the specified date for
promotion was not adhered to and some Zones issued the promotion order prior to
the date so specified. This enabled the junior officers of those Zones to jump
the Seniority over the senior officers of other zones. This needs detailed
examination and rectification in both the AISL-I & II.
As regard to (F), the Board has
given clarification by confirming the sanctioned post of Inspectors and
Superintendents vide its letter dated 3rd April, 2014. The
Administration has started its preliminary work to hold review DPC for 104 post of Superintendent since 01.01.1999. This
will have consequential effect on Seniority of officers of Mumbai Zone promoted
since 1999 to 2002 in both AISL-I & II. Mumbai senior officers by this
review DPC will be placed at proper place in both AISL-I & II.
As regard to (G), the
implementation of N R Parmar judgement
dated 27.11.2012 by revising the Seniority List of Inspectors at Zonal
level from the first batch of direct recruit Inspector through Staff Selection
Commission. As per said judgement seniority of Direct recruit vis a vis promote
officer be fixed as per vacancy year, in other words “Recruitment Year i.e. Year of Vacancy.
As per the Apex court judgement, the entire AISL needs revision as in the
case of CBDT.
Madam, all the above narrated issues are of very
serious nature and have adversely affected the seniority position of officers
of Mumbai Zone in AISL. Proceeding
further to implement the Cadre Restructuring without addressing the above
issues will not only adversely affect the promotional avenue of Mumbai Zone
Officers but also permanently close their chance of entering into Group A
service.
It is,
therefore, humbly requested to issue directions to the concerned authorities to
set right the AISL before implementing the Cadre Restructuring. For any
assistance to resolve the above issues a delegation of CESA Mumbai will extend
its fullest cooperation at very short notice from your end.
Thanking you,
Yours sincerely,
A.K. Sasmal
General Secretary
Copy to:
a) Ms Mala Srivastava, Member CBEC in charge of Mumbai Zone
for kind information also with a request to rectify the AISLs.
b) The Hon’ble JS Administration, CBEC, North Block New
Delhi:for kind information also with a request to set right the AISLs.
c) The Hon’ble DGHRD, CBEC, Rajinder Place, New Delhi: for kind information also with
request to set right the AISLs.
d) Chief Commissioner, Central Excise, Zone-I Mumbai (CCA Mumbai Zone) for kind information and appropriate action as regards to para (G) above.
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