Wednesday, March 1, 2017

CURTAIN ON PROMOTIONS RAISED FINALLY...


FROM CESA Desk

CESA, Mumbai congratulates all the officers who have been elevated as Assistant Commissioner vide Establishment Order No. 70/2017 dated 23.02.2017. The list of the officers of Mumbai is annexed. Also, a big thanks to the Board Officers who cleared the deck after a long pause.

Another DPC is on the cards, shortly before 20th March, wherein around 1000 posts of Assistant Commissioner is to be filled. Shortly
A farewell gathering of newly promoted officers  will be held (18.03.2017)at NACEAN, Bhandup

The posting order is likely to be issued in the third week of March, most of the officers who are having a short tenure, less than six years , will be accommodated in the same zone, if no vacancy, then in nearby zone like earlier. In the Order, it is reported that several officers whose penalty period is over but their names have not been included (for ex. Mr. Gupta, Mr. Kale, Mr. Ghode etc.)

LIST OF OFFICERS PROMOTED AS ASSISTANT COMMISSIONER ON 23.02.2017
S.No
Name of the Officer
DOB
POSTING
1
A M NAIK
16-11-1959
LTU
2
M D SANAP
08-01-1961
LTU
3
P S PATKAR
01-05-1958
BELAPUR
4
HARESH KHEMCHANDANI
25-05-1958
RAIGAD
5
KUM G C FERNANDES
03-09-1958
LTU
6
R.N.DESHPANDE
20-11-1960
LTU-AUDIT
7
NIKHIL J WAGLE
12-11-1959
LTU-AUDIT
8
D B RUPANI
09-09-1957
MUMBAI-I
9
S RAMASUBRAMANYAM
13-07-1961
LTU-AUDIT
10
M M ASRANI
23-03-1959
LTU-AUDIT
11
SMT. GIRIJA VAIRAMOHAN                 
07-10-1957
SERVICE TAX - III
12
RAJKUMAR J LAL
21-02-1958
SERVICE TAX - V
13
NIKHIL PANDHARKANDY
06-12-1957
SERVICE TAX - VI
14
L M BABLANI
28-06-1958
LTU-AUDIT
15
S R MAYEKAR
25-11-1957
SERVICE TAX - II
16
JAYANT S BHATTACHARYA
10-07-1960
LTU
17
B H SHINDE
01-06-1958
SERVICE TAX - V
18
VIVEK MUKUND
24-02-1958
S.T.-CCO
19
MANOHAR V NATU
20-01-1961
CCO
20
V HARIKRISHNAN
25-11-1958
LTU-AUDIT
21
SHRIKANT V DESHMUKH
29-11-1957
S.T. AUDIT-I
22
DAYAL KOTWANI
07-06-1961
S.T. AUDIT-I
23
JAIPRAKASH S SINGH
01-06-1958
BELAPUR
24
DEVENDRA PAL SINGH
08-09-1960
LTU-AUDIT
25
V M DOSHI
05-11-1960
MUMBAI-I
26
Y N SHASTRI
17-06-1961
SERVICE TAX - V
27
S V NAZIRKAR
01-10-1957
THANE-I
28
V SRINIVASAN
12-07-1960
S.T. AUDIT-II
29
RAJESH M DAKSHINI
23-09-1960
S.T. AUDIT-II
30
M K MISHRA
25-03-1958
SERVICE TAX - VII
31
SITARAM S SHARMA
23-12-1961
LTU
32
D K BAKRE
28-02-1960
CCO MZ-I
33
R S PARTE
28-07-1959
BELAPUR
34
V K MISHRA
26-02-1961
S.T. AUDIT-III
35
P J BISSA
10-04-1958
SERVICE TAX - VII
36
P B JAGTAP
22-04-1957
THANE-I
37
MOHAMMED SHARIFF
19-05-1958
SERVICE TAX - VII
38
TUSHAR D BHISE
30-04-1959
SERVICE TAX - I
39
RAMDHAN LAL MEENA
01-08-1957
BELAPUR
40
MILIND V GHOLAP
12-03-1960
CCO MZ-I
41
MURARILAL BUSWALA
05-06-1957
SERVICE TAX - VII
42
Y P SINGH (Y P B SINGH)
30-09-1958
MUMBAI-II
43
J P G NAIR
09-09-1958
MUMBAI-I
44
SMT ANURADHA S PARAB
30-06-1962
LTU
45
H N KOTIAN
10-11-1960
AUDIT MZ-I
46
JAGDEEP S BHIWANDKAR
04-06-1961
LTU
47
SUDHIR B MANE
19-11-1962
MUMBAI-IV
48
SMT N J KULKARNI
28-02-1961
THANE-II
49
V D OHOL
06-03-1957
THANE-I
50
RAMKRISHNAN SITARAM
16-08-1963
AIRPORT
51
PRATAP BALRAM GHAG
20-05-1962
LTU-AUDIT
52
DHIRENDRA KUMAR MISHRA
11-07-1960
CCO (M&P)
53
ARUN KUMAR SASMAL
06-02-1963
BELAPUR
54
SUVENDU DAS
06-02-1959
MUMBAI-IV
55
G B TILWE
03-08-1964
LTU-AUDIT
56
SMT DOLLY JOSEPH (DOLLY JOHN)
12-02-1962
LTU
57
V VIJAYA KUMAR
22-01-1959
CCO (M&P)
58
S D PATNAIK
22-02-1960
SERVICE TAX - VII
59
NARAYANAN C K
10-04-1961
LTU
60
P I PANDYA
16-08-1961
MUMBAI-V
61
RAKESH KUMAR KAPUR
24-12-1959
MUMBAI-II
62
PREMANANDAN K N
01-05-1959
SERVICE TAX - V
63
S S MUJUMDAR
16-09-1962
LTU
64
SHAILESH KUMAR DAVE
05-06-1959
CCO MZ-I
65
S M BAGAL
25-11-1962
SERVICE TAX - VII
66
R L KHILARI
04-06-1959
S.T. AUDIT-II
67
M S SURYAVANSHI
02-03-1958
SERVICE TAX - I
68
ASHWINI P BANDEKAR
20-12-1961
SERVICE TAX - VI
69
P F SHAHAPURKAR
04-02-1959
SERVICE TAX - I
70
L N IYER
29-03-1961
CCO MZ-I
71
KEDAR NATH MISHRA
11-07-1960
SERVICE TAX - VII
72
S D MULGAONKAR
17-07-1960
SERVICE TAX - VII
73
SMT SHAMINA JOY
17-11-1959
SERVICE TAX - VI
74
S M BIRAJDAR
01-06-1959
CCO MZ-I
75
VINOD M SONAWANE
26-06-1958
CCO MZ-I
76
B G AMRUTSAGAR
17-04-1960
SERVICE TAX - VII
77
NAVINCHANDRA PATEL
22-10-1960
LTU
78
MOHANLAL SONDABHAI GUJARIA
10-10-1958
DGST
79
KAILASH NATHURAM AHERWAR
26-06-1960
MUMBAI-II
80
MADHUSOODANA RAO
21-05-1961
LTU
81
DEEPAK S GAWAI
17-12-1960
LTU-AUDIT
82
MOHAN KAPSE
13-11-1960
THANE-II
83
SHIRAM R JUNJARE
28-02-1957
RAIGAD
84
HARSHAD G BORICHA
12-12-1957
CCO (M&P)
85
BHIMRAO H ZODAPE
26-06-1957
AUDIT MZ-II
  
In response to Chennai CAT order in respect of fixation of Seniority as per Parmar judgment, Department has filed an appeal before Madras High Court on 20th feb., 2017 and the petitioners counsel has also written a letter to the Department not to go ahead with the DPC. However, not only has the Board conducted the DPC but have also issued the orders. The petitioners approached the same CAT and filed a contempt application on 27th Feb., against the Board officers as well as to squash the above said promotion order. The said action except for creating bad blood among the fraternity nothing else will be achieved. 

The issue of Bunching of Pay bands is being taken up shortly…  

The latest representations of CESA, Mumbai  to the Cadre Controlling Authority about the recasting of the seniority in light of Delhi cadre controlling authority as per the Apex court Parmar’s judgement  is annexed.




                                                                                                                                                                                                                                                                                              CESA/5/2017
                                                                                                               Dated 17.02.2017
The Principal Chief Commissioner,
Central Excise, Cadre Controlling Authority,
Mumbai,
Respected Sir,
  Sub: Request for Recasting of the Seniority List ofINSPECTORS/SUPERINTENDENTS in accordance with the provisionsof DoP&T’s OM Nos. 35014/2/80- Estt(D) dated 07.02.1986 and 220011/7/86-Estt.(D) dated 03.07.1986, as interpreted by Hon’ble Supreme Court of India in the Judgment dated 27.11.2012 in CA No. 7514-7515 of 2005 (N.R. Parmar & Ors Vs. UOI & Ors.) – Reg.
*************
Your kind attention is invited to the above mentioned subject
In light of the above, The Delhi Cadre Controlling Authority revised the Seniority List of Inspectors and Superintendents of their Zone of all the Cadres on 27th December, 2016. The same is posted in their website for information as well as inviting any representations, finding any omission and commission of individual officers by 28th January, 2017.
Sir, it is the prevailing practice the seniority list of all 16 zones are compiled by DG HRD (Board) as far as the Group B (Superintendent) is concerned. Rest of the Seniority List of the cadres is maintained by their respective Zones for promotion, MACP etc.
The officers of this zone are already stagnated and as compared to other Zone Junior officers are promoted for no fault of theirs. Recasting of the Seniority List as envisaged by the interpretation and the spirit of the N. R. Parmar’s judgment, will certainly go a long distance in doing justice to these officers, as well restore their proper place in the All India Seniority List. 
On the issue of the fixation of inter-se seniority between Direct Recruit Inspectors and Promotees, the Hon’ble Supreme Court vide order dated 27.11.2012 held that ‘the Direct Recruits herein will therefore have to be interspaced with promotees of the same recruitment year’.
Shri Rajpal Singh, Under Secretary vide letter F. No. A.32022/06/2014-Ad.IIIA dated 02.02.2016 referred to the DOPT OM No. 20011/1/2012-Estt(D) dated 04.03.2014 and directed the CCAs to revise the seniority list as per the said OM i.e. from 27.11.2012 in terms of para 5(h)  of the OM. This was issued with the approval of Member (A).   Subsequently, Shri Rajpal Singh, Under Secretary vide letter F. No. A.32022/06/2014-Ad.IIIA dated 14.10.2016 instructed all the CCAs to confirm that the seniority of DRs and Promotees have been revised in the same manner as interpreted by the Hon’ble Supreme Court in the case of N R Parmar & Ors V/s. UOI & Ors in the grades of Inspector & Tax Assistant, Central Excise. The said letter was issued with the approval of Member (A). Accordingly, all the CCAs were contemplating revising from 1986 onwards.
 The Delhi Central Excise Zone had actually revised the Seniority List from 1986 onwards by including officers of 1984 batch also and has issued the same.
            Sir, this stand was taken by the Ministry in their communication to the Chief Commissioner of Customs (General), Mumbai vide letter No. A.32022/06/2014-Ad.IIIA dated 03.09.2014. However, in the appeal filed by the department against the decision of the Hon’ble Tribunal, Bombay Bench in the case of Preventive Officers of Mumbai Custom House, the Hon’ble High Court had directed the department to revise the seniority list without considering para 5(h) of the DOPT OM dated 04.03.2014 and thereafter conduct the DPC for promotion using the revised seniority list. Accordingly, the Chief Commissioner of Customs had to revise the seniority and conduct the DPC for promotion to the grade of Superintendent.  Similar decisions have been passed by various Tribunals / Courts to revise the seniority list without considering para 5(h) of the DOPT OM dated 04.03.2014.
            Now as the Delhi Administration has revised the seniority list and posted the same in their website seeking amendments from the aggrieved officers, if any placement of the officers in the seniority list.  The grace period given is already over.  Hence there is no dispute in the seniority list framed by the Delhi Administration as far as their Zone is concerned.  Sir, a similar exercise may be carried out at our Zone, so that while compiling and revising the seniority list, our officers will also be aware of their status.
            CESA, Mumbai earnestly request your goodself that as like Delhi Zone the Seniority may be recasted so that officer of this Zone will not be in the back foot in the seniority list at local level as well as at all India level. We will extend our fullest cooperation to carry out this massive exercise in a transparent and flawless way.
Thanking You,        
                                                                                                           Yours sincerely,


                                                                                                            (A.K. Sasmal)
                                                                                                         General Secretary



The Mumbai Administration has taken a note of our representation and instructed the Administration to proceed in this regard. Apart from the benefit of Parmar, there are issues like Regularization of Ad-hoc orders and in consequence to abolishment of 2010 OM where Promotions were denied on reservation will also have an impact. All the sixteen zones should have uniform practice; so that fairness can be prevail.

CESA, Mumbai, since 2006 has submitted several resolutions to the All India Body about the discrepancy in the Seniority List maintained by Board as well as DG HRD. The issue of Parmar is also been raised since 2012. The same set of officers who are active now, always chosen a silent and evasive mode. 

Joint Action Committee(JAC) appealed to all the constituents to represent to the Hon’ble FM & Hon’ble PM before commencing of the next GST Council Meeting on 4th & 5th March. The damage and loss to our service is known to everybody hence we are not elaborating further. CESA, Mumbai appeals to one and all to kindly join the Signature campaign. The following officers are nominated to co-ordinate for above purpose :-
 
LOTUS                       :           Panjankar Bhogale
BKC                            :           Shailesh  Nair
LTU                             :           Deepak Gavai, J. S. Bhattacharya
Thane Wagle             :           Ananda Kalangode, Ms. V. A. Kolhatkar
Belapur                      :           Gopi Nair/ Sunil Kumar
Churchgate               :           Ullas Nair/ Vinod Singh/ Sanjeev Sahay
Air India                     :           Satya Mangakar
Piramal Chambers   :           Patankar/ Vivek Kekre
Satara Plaza             :           S. M.  Bagal
Dadar                         :           Mohan Kapse/ P. V. Jagtap


Mega Celebration of Central Excise day function  at Mumbai will be covered in the next blog.



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1 comment:

  1. Hi, Can s omeone give me mail id and phone number of Newly promoted Excise comminssioner Shamina Joy?

    ReplyDelete

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