By
Speed post
1st September
2014
To
Hon’ble Prime minister
Shri Narendra Modi
7, Race Course Road, New Delhi
Respected Sir,
Subject: All staff grievances may be settled
by willing and accountable Secretariat (with Ombudsmen) instead through
unending litigations in Courts -- Online grievances thru CPGRAMS or RTI are
closed in the name of govt. policy unaware of its meaning and as if the
grievance owner has no right under the Constitution – Those who cleared Civil
Service or SSC Exams by solving difficult passages of English comprehension and
logical reasoning have failed to apply the same intelligence in day to day
Govt. functioning, dragging everything to Courts bringing tears of blood to
grievance owner staff/public, and happiness to Govt./other counsels with Courts
feeling elated of their power – Social audit and the Ombudsmen/juries of high
repute from social groups may take lead to take country forward by being direct
link between Ministers and the citizens.
1.0.
The Recruitment Rules
and the rules governing other conditions of service of the Govt. servants
(except three AI Services) are framed by the Government (read Administrative
Ministry and/ or DOPT in consultation with UPSC) under proviso to Art. 309 of
the Constitution.
1.1. The President under Art. 77 has authorised the DOPT to
issue guidelines for RRs and other service conditions under GOI (AOB) Rules,
1961, whereas the UPSC is the constitutional body under Art. 320 for giving
advice in service matters and furnish reports to the President.
1.2. Therefore, the RRs framed by the administrative ministry in
the name of President following the guidelines prescribed by the DOPT, after
approval of DOPT and in consultation with the UPSC are considered subordinate
legislation and statutory in nature (though not tabled before the Parliament).
1.3 This also follows that if DOPT guidelines are misinterpreted
and flouted by the administrative ministry or if the ministries follow obsolete
guidelines already amended by a section of DOPT, but retained/reiterated by its
another section due to ignorance/negligence, then the RRs or rules framed by
the concerned Ministry would not remain statutory even if they are issued in
the name of President.
à Misinterpretation
of Para 3.11.8 and 3.12.1 of DOPT consolidated OM No. AB.14017/48/200-Estt.(RR)
dtd. 31.12.10 on framing of RRs by CBEC to prescribe separate %age quota to
three identical grade Gr-B Gaz posts for promotion to Gr-A JTS grade in the IRS
(C CE) Group-A Rules, 2012.
2.1. Three Gr-B Gaz posts (grade pay 4800/-) in CBEC are
named as Supdt C.Ex (responsible for Inland/Air/minor sea ports/SEZ/ICD/CFS
related Customs work, all central excise and Service tax related work), Supdt
Customs Preventive (responsible for preventive and anti-smuggling work at
gateway sea ports) and Appraisers (valuers of imported goods at gateway sea
ports). They are of the same rank or grade and no concept of lower or higher
grade. The next promotional post in Gr-A is JTS grade (Grade VI and named
Asstt. Commissioner, Asstt. Director or under secretary), next posts in Gr-A
are in Grade V to Grade I or STS, JAG, JAG NFSG, SAG, HAG, HAG+ and Apex grade.
This is to make one understand that three Gr-B posts in the same grade pay or
pay in CBEC can not be called different feeder grades for promotion to the JTS
grade in CBEC so as to prescribe separate promotion quota for each of them,
instead based on common seniority list in the IRS (CCE) Rules, 2012
2.2. The CBEC in its Meeting dated 16.09.2011 approved revised
IRS RRs and ruled out common seniority based promotion of three feeder posts
(not different feeder grades) to Gr-A JTS (as provided originally under RRs of
1987) on the ground that these are likely to be challenged by Supdt CX as in WP
No. 308 of 1988 and that common seniority based promotion to these three feeder
posts in Gr-A JTS is not supported by DOPT guidelines, which are evidently
false, fabricated and unlawful reasons from CBEC. It is a fact that WP No.
308/1988 was filed by some ill-advised Supdt CX seeking fixed post based quota
in Gr-A not supported by the Govt. policy, but the then CBEC instead of
resolving the issue proposed arbitrary quota to three feeder Gr-B posts in
terms of Customs dominated and Excise dominated posts Gr-A posts for promotion
to favour Customs appraisers (Valuers of imported goods getting 22% quota for
5% strength) and got ex-parte approval from the SC in 1996, the result is that
the appraisers junior by more than 10 years are ahead of Supdt CX who get
hardly second promotion in life – SC in its decision dated 3.08.11 asked CBEC
to frame RRs in a just and fair manner without being influenced by its decision
of 1996 and after considering representations in tune with the Govt. policy,
but the CBEC proposed the IRS (CCE) Gr-A Rules, 2012 in the old fashion only
(this time quota in terms of sanctioned strength but included abolished 50% DR
Appraisers posts – both Appr and Supdt Cus P junior in length of service to
Supdt CX ), and the DOPT and UPSC approved the RRs in a casual and
irresponsible manner;
2.3. It was represented by the undersigned vide CPGRAMS
grievance regn No. DARPG/E/2014/04411 dated 26.07.14 that the CBEC (DoR) has
issued IRS (C CE) Gr-A Rules, 2012 (notified on 13.09.12) with approval of DOPT
and UPSC in violation of DOPT consolidated guidelines dated 31.12.10 on framing
of RRs so as to prescribe separate quota (13 Supdt CX : 2 Supdt CP : 1 Appr)
for promotion of three Group-B identical feeder posts of the same grade to
Group- A JTS instead by common seniority list of three cadres (quota to
be prescribed when feeder posts are in different grades or pay and rank). The
DARPG under the PMO replied on 4.08.14 as under:
“ RRs are amended by concerned Ministry/ Deptt. as they have the
details of the cadre hierarchy. You are advised to approach Dept. of Revenue.”
The Establishment Division of DOPT in response to the said
grievance No. DOPAT/E/2014/01897 dtd 26.07.14 replied on 19.08.14 as under:
“ RRs/amendments to RRs are proposed by concerned Departments.
This department examines and concurs RRs as per the facts available in file.”
2.4. It appears DARPG and DOPT are not aware that the President
has authorised them to ensure that the Ministries follow the Govt. policy
without discrimination. The
CBEC, DOPT and UPSC are therefore morally and ethically bound to amend Para
5(4) of IRS (CCE) Service Rules, 2012 by providing that promotion of three Gr-B
identical grade officers to Gr-A JTS shall be based on common seniority list
(as per original 1987 RRs). Even otherwise the quota provision in
IRS RRs 2012 is against the stated Govt. policy laid down in Para 3.11.8 and
3.12.1 of DOPT guidelines dtd 31.12.10 and so it shall be deemed to be annulled
and substituted by the only other procedure based on common AISL.
à DOPT
OM No. 35034/7/97-Estt (D) dated 8.02.02 merged promotion methods ‘Selection’
(by merit) and ‘non-selection’ (seniority subject to rejection of unfit) into
‘Selection’ by seniority subject to rejection of unfit (same as non-selection
before 8.02.02) for all promotions. But IRS (C CE) Gr-A Rules, 2012 were not
framed/approved according to mandate in Estt (D) OM dtd 8.02.02 to prescribe
that method of promotion shall be ‘Selection’ by seniority subject to
rejection of unfit only – And UPSC association not required for conduct of DPC
when promotion not based on Selection by merit .
3.1. Second discrepancy in the IRS (CCE) Rules, 2012 is that
method of promotion has been mentioned as ‘Selection’ (from Gr-B to Gr-A JTS
except NFSG) without stating its meaning, and non-selection (from Gr-A JAG to
NFSG) despite the fact that DOPT OM No. 35034/7/97-Estt (D) dated 8.02.02
merged the Selection (by merit) and non-selection (by seniority subject to
rejection of unfit) and renamed them as ‘Selection’ i.e. promotion by seniority
subject to rejection of unfit following Good (for Gr-B to Gr-A JTS to STS) or
Very Good (to Gr-A JAG and above) bench-mark. The CBEC, DOPT and UPSC
are again requested to introduce the above change immediately to the IRS (C CE)
Gr-A Rules, 2012 (also by other CCAs) to stop discrimination against thousands
of officers in feeder cadres. OR confirm that it may be deemed to be as per the
Govt. policy.
3.2. Third discrepancy in the IRS (C CE) Gr-A Rules, 2012 is
that it seeks association of UPSC in DPC for promotion of Gr-B to Gr-A (all
others exempted) causing undue delay despite the fact that the
association of UPSC is not required after issue of DOPT OM dtd 8.02.02 as
promotion is not made on the basis of Selection by merit (UPSC association
in DPC was needed when promotion was made on the basis of selection by merit
earlier). The UPSC in reply to CPGRAMS grievance regn No.
DARPG/E/2014/04121 dtd 15.07.14 clarified in the matter on 30.07.14 as under:
“ It is to state that the mode of promotion from Gr-B to Gr-A
posts as prescribed in the earlier RRs used to be Selection by merit and
selection cum seniority. As per DOPT OM dated 8.02.2002 this has been dispensed
with and the mode of promotion in all such cases has been rechristened as ‘Selection’.”
The UPSC however defended its association in DPC on the ground that for
promotion to the post of JTS of CBEC the recruitment rules provide for
consultation with UPSC and the RRs being statutory in nature the DPC for
promotion is convened by them. The petitioner however seeks omission of
provision from RRs as the same is unconstitutional and non-statutory being
against Govt. policy in OM dated 8.02.02.
3.2.1. The UPSC is in the process of conducting DPCs for the
vacancy year 2013-14 and 2014-15 for Gp-B to Gr-A promotion in CBEC as a result
of CR exercise to be completed by 30th September 2014;
considering 5000 officers in the consideration Zone (All Supdt CX drawing Gr-A
STS GP Rs. 6600 under MACPS but retiring each month without second promotion in
Gr-A JTS grade in the career) the overburdened UPSC may not conduct DPC in
time, giving serious blow to already crumbling tax administration in CBEC. Therefore
as admitted by UPSC that their association in DPC is not required after DOPT OM
dated 8.02.02 the irrelevant clause seeking UPSC association in DPC may be
deemed to be deleted from IRS (C CE) Gr- A Rules, 2012.
4. DOPT
OM No. 35034/7/97-Estt (D) dated 8.02.02 merged promotion methods ‘Selection’
(by merit) and ‘non-selection’ (seniority subject to rejection of unfit) into
‘Selection’ by seniority subject to rejection of unfit (same as non-selection
before 8.02.02) for all promotions. But Para 3.6, Para 3.11.2, Para 3.13.4 of
the said Estt (RR) OM 31.12.10, and Para 6.11 and 6.12 of Estt (Res) OM dated 17.11.11
and 23.01.14 were not amended by DOPT according to mandate in Estt (D) OM dtd
8.02.02 to prescribe method of promotion as ‘Selection’ by seniority
subject to rejection of unfit only. The DOPT may take remedial action at once.
5. As per the Govt. policy issued by DOPT in OM No.
22011/18/87-Estt (D) dtd 9.04.96, the DPC will prepare an extended panel
interalia when officers in the panel have retired/ are retiring within the same
year. Further, DOPT OM No. 22011/9/98-Estt (D) dtd 6.10.99 has clarified that
the chain vacancies on account of retirement, etc. in the higher grades in a
vacancy year shall include the vacancies which can be clearly anticipated as
likely to become available in the concerned grade by promotion of officers of
the service to higher grades during the vacancy year ( e.g. anticipated
retirement or promotion in Gr-A STS to HAG+ grade in a panel year to create
vacancies at Gr-A JTS). But CBEC has never followed the provisions of above
DOPT guidelines in its history and the RTI queries/CPGRAMS requests have not
been responded by them.
PRAYER
Hon’ble Prime Minister is therefore requested kindly,-
i) to order independent enquiry by social
audit/jury or as deemed fit (but not by any secretariat staff or attached
offices whose one liner would be ‘it is Govt. policy not grievance’) to examine
the legitimacy and legality of the petition, and
ii) direct CBEC (DoR), DOPT and UPSC after such
enquiry report to work in co-ordination (instead shifting onus to others) and
resolve the grievances of the petitioner by making the stated three amendments
in the IRS (C CE) Gr-A Rules, 2012 (may be treated deemed to be amended as per
Govt. policy for RRs with immediate effect till formal approval of amdts), CBEC
to follow DOPT OMs dtd 9.04.96 and 6.10.99, and DOPT to make amendments
in its Estt (Res) OM dtd 17.11.11/23.01.14 and Estt (RR) OM dtd 31.12.10 in tune
with Estt (D) OM dtd 8.02.02 as mentioned in Para 4, supra.
With highest regard,
Enclosures: 1) DOPT OM dtd 31.12.10 with
remarks/inconsistencies, 2) IRS (C CE) Gr-A Rules, 2012, 3)
DOPT OM dtd 8.02.02, 4) UPSC reply dtd 30.07.14 to CPGRAMS, 5) DOPT OM dtd
6.10.99 on chain vacancies, 6) DOPT OM dtd 9.04.96 on extended panel.
Yours faithfully,
Sd/-
S. S.
Chauhan
General Secretary,
Meerut unit
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