Monday, June 16, 2014

Rectification of All India Seniority List before DPC for Promotion to Group-A Officers


Ref :  CESA/40/2014
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 Member (P&V),
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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