Shadow boxing In The Name Of Parmar

In Chennai CAT, an application was filed by the Central Excise Officers to rectify the All India Seniority List and till then no DPC has to be held. CAT, Chennai has stayed the holding of the DPC till the next date of hearing i.e. 12^th January, 2017. The Chennai High Court has vacated the stay on 23^rd December, 2016. On being aggrieved the applicants moved the application to pre-pone the hearing in in CAT from 12^th to 06^th January.

2017 for seeking justice in their favour.

Meanwhile Delhi Cadre Controlling Zone revised the Seniority List of the Inspectors of their Zone in pretext of N. R. Parmar’s Judgment on the following criteria:

·            For Inspectors recruited, in Delhi Zone, directly through SSC Exam, the year mentioned in the relevant Examination Name (e.g. Examination for Recruitment of Central Excise, Income Tax etc, 1986; Combined Graduate Level Examination, 2004 etc) has been taken as the ‘year of availability’ in terms of the provisions of DoPT’s OMs dt. 07.02.1986 and 03.07.1986 ibid. In most of the cases, the recruitment process for selection of these Inspectors has been started in that very year with the publication of notification for conduct of examination by SSC. In a few cases, the notification for conduct of examination was issued prior to the year mentioned in Examination Name (e.g. notification for conduct of CGLE, 2004 was issued in November, 2003). But since the Examination was intended to fill up the vacancies of the year which was mentioned in Examination Name, their seniority has been fixed in that very year only.

·              For Direct Recruit Inspectors of Delhi Zone selected through SSC Examination, 1984 and 1985, the recruitment process had been initiated prior to issuance of DoPT’s OM dt. 07.02.1986 so as per para 7 of the said OM, the seniority of these Inspectors has been fixed in accordance with the principle in force prior to the issuance of the OM i.e. as per principles contained in DoPT’s OM dated 22.12.1959. For Direct recruit Inspectors of Delhi Zone selected through SSC Examination of 1986 onwards, the seniority has been fixed in accordance with the provisions of DoPT’s OM dt 07.02.1986.

·                     As for Inspectors joining this Zone on Inter Commissionerate basis, the year in which their ICT orders were issued has been taken as the year of their availability and their seniority has been fixed along with other DRs and promotees of that year as per relevant provisions.

·                     The year of availability for promotees is taken as the year in which DPCs were conducted and corresponding Establishment Order were issued for their promotion to the Grade of Inspector on regular basis. In most of the years, the DPCs were conducted in the same year in which the respective Estt. Orders were issued. In a few cases, DPC to fill up promote vacancies of particular financial year were held in advance to enable candidates join on the first day of the relevant vacancy year. Since vacancies related to the year in which Establishment Order was issued, the seniority has been fixed accordingly.

·                     Seniority of officers appointed on Sports Quota has been fixed in accordance with DoPT’s OM No. 14015/1/76-Estt.(D) dt. 04.08.1980.

·                     Seniority of persons appointed on Compassionate Ground has been fixed in accordance with DoPT’s Om No. 14014/6/94-Estt(D) dt.09.10.1998 and subsequent amendment thereto effected vide  DoPT’s  OM No. 2011/1/2008-Estt(D) dated 11.11.2010.

·                     Upto 2001 the Calender Year basis for fixation of Relative Seniority of Direct Recruits and Promotees has been kept unaltered. From 2001-02 onwards, it has been changed to Financial Year basis.

·                     The seniority has been revisited upto the vacancy year 2013-14 i.e. upto 31.3.2014. Seniority for year 2014-15 will be taken up only after all Direct Recruit Inspectors selected through CGLE-2014 have joined.

2. Revised Consolidated Seniority List of 2495 Inspectors prepared on the above basis has been placed on Central Excise, Delhi-I website - centralexcisedelhi.nic.in. Efforts have been made to avoid any error in this revision. This revision of seniority list in the grade of Inspectors also applies retrospectively to officers who have since been promoted to a higher grade etc..

Delhi Cadre controlling Zone has recasted, on the basis of the aforesaid criteria, the Zonal Seniority List of 2495 Inspectors. In CBEC, there are 16 Zones and if the aforesaid criteria is lawful, proper, just and fair one in accordance with the prevailing judgments and instructions then Board should not only  approve the same but also instruct the other Zones to carry out the same exercise in their respective Zones so that uniformity will prevail. No officer will be deprived of any injustice on this count.

Further, the competent Authority who has issued the above said Seniority List, if it is not in order and found to be motivated, then exemplary accountability be fixed. Pay and post of any similarly placed individual officers shall be protected and safeguarded without any discrimination irrespective of the officer placed in any Zone.

CESA, Mumbai will represent to the Board on the above issue as well as appeal to AIACEGEO  to represent to the Board that the criteria adopted by the Delhi Cadre  controlling Zone if perfect and free from litigation may be adhered by  all other Zones.

CESA, Mumbai appeals to its all members and others not to be panic or confused as it has nothing to do with the ensuing holding of DPC of ad-hoc vacancy posts for the year 2014-15, 2015-16 as the DPC will be held as per the current seniority list. Any revisions of Seniority List irrespective of the Zone unless it is compiled by the Board have no impact as far as the preparation of the panel for the DPC.

Further, Member (P&V) is out of Delhi and currently on official visit to Chennai. So far for holding of DPC, no date has been fixed. She is expected in her office on Monday and the date for holding of DPC will be fixed then only.