PARITY & PARMAR JUDGEMENT... TWO SIDES OF A COIN...

The issue of the Supreme Court judgement in the Parmar case had certain effect in Income Tax as the seniority list was revised from 1981 onwards as the applicants were of the 1981 batch. 
Thereafter we awoke. CESA-Mumbai raised the issue in Patna and Chennai AEC in 2012 & 2013 and made several representations to make similar changes in our seniority list at the Zonal level. However, cold response was received from the Apex body. CESA-Mumbai on its own requested the then Chief Commissioner, Shri V. S. Krishnan, Cadre Controlling Authority, Central Excise, Mumbai Zone-I and Shri A. K. Kaushal, Chief Commissioner, Cadre Controlling Authority, Customs, Mumbai Zone, to take up the issue with the Board for early implementation of the Parmar judgment as has been done by CBDT. On being called for Cadre Restructuring by the Ministry in Sept-2014, both the Chief Commissioners, leaving the main agenda aside, raised the issue of the implementation of the Parmar judgment and compelled the Board to issue instructions immediately. However, it did not serve the purpose and Board directed implementation from the date of decision of the Parmar judgement, i.e. from 2012.

            As the apex body did not take up the issues, CESA-Mumbai filed two applications before the Hon’ble Tribunal, Mumbai, for implementation of the Parmar judgement from 1986 & 1981. Both are pending decision, but the Board is insisting implementation from the date of the judgement.

Meanwhile, the Hon’ble Tribunal, Ernakulam, in the case of Shri. M. Chenchuraman, Preventive Officer, Kochi, vide order dated 16.11.2015 has directed the Respondents i.e. Union of India & Ors to implement the Parmar judgement from the date of initiation of process of recruitment. The Hon’ble Tribunal has relied on the decision of the Hon’ble Tribunal, Bombay bench and held that the DOPT OMs dated 07.02.1986 and 03.07.1986 had followed the rota-quota principle and the parmar judgement had extended the said benefit and directed that the direct recruits are to be inter spaced with the promotees at appropriate slots in the seniority list in reference to their recruitment year, which is the initiation of the process of recruitment.

            On the basis of the above judgement, the Hon’ble Tribunal, Madras bench in OA No. 310/01237/2016 filed by Shri P. Bharathan & 2 others v/s. UoI & Ors vide order dated 05.08.2016 has directed the Board to postpone the holding of DPC for considering the personnel in the feeder post to the post of Assistant Commissioner, Central Excise posts, based on the existing seniority list of DR Inspectors till 06.09.2016.

The seniority list are prepared in 16 Zones which is further compiled by DGHRD while preparing All India Seniority Lists (AISL) and promotions from Gr. ‘B’ to Gr. ‘A’ are accorded. In all the 16 zones, there are several zones who are ahead in their promotions as compared to others. The last promotion was issued in October-2014, thereafter no promotion orders have been issued. More than 1600 posts are lying vacant as on date. In the last order, officers of the 1985 batch of other zones were considered for promotion, whereas officers of 1984 batch of some zones are behind and in anticipation of promotions who are having 3-4 years of service.

            CESA-Mumbai through its members have also filed an application before the Hon’ble Tribunal, Bombay bench seeking parity with the officers of the same batch of other zones and an interim order has been passed to reserve the positions of the applicants interest in this regard.

Now, officers are stagnating in the same grade for more than 14 years and no promotions are in the offing as no DPCs are being held on one or the other pretext. All the promotions carried out are also on ad-hoc basis which does not entitle the officers to get regularised. The life of the 2118 temporary posts created in the Cadre Restructuring expires in 2018 and only one year and six months are left for filling up these posts.

Who knows what will happen in the GST and what will be the fate of CBEC is not known even to the custodians. CESA-Mumbai feels that the temporary posts should be filled up by holding DPC without considering the roadblocks and the orders can be made subject to the final decision in various Tribunals/Courts. It will serve the purpose of the larger interest.

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