FROM CESA-MUMBAI'S DESK...

Update from Mumbai CAT :- In the case filed by the DEOs (Waghmare & others) with regards to the sanctioned strength of Inspectors & Superintendents, as the stay is continued, for which further promotions from Inspectors to Superintendents of Mumbai zone is not carried out.

The next date of hearing is 07-Jan-2016, and likely to be finalized thereafter.

Implementation of SC Parmar judgement in Central Excise, Cadre Controlling Mumbai Zone :- 


CESA, Mumbai, filed two petitions in Mumbai CAT, one is seeking implementation of the Parmar decision from 1986 and the other is seeking implementation from 1981.  Accordingly the seniority of the eligible officers would be changed as per the year of vacancy mentioned in the Advt. and not as per the year of joining.

Apart from CESA-Mumbai, around 15 officers have also filed similar petition and sought the benefit of Parmar judgment from 1986.

The above petitions are already admitted & circulated and the Department has also filed the reply. The applicants’ advocate is likely to file the counter-reply. Once, both the petitions are disposed off, the entire scenario of the seniority list, both at zonal & All-India level, will be changed.

As you are aware, the Board has issued instructions to implement the Parmar Judgement from the date of the SC Judgement, i.e.  27-Nov-2012. The demand for granting retrospective seniority is still pending with the Ministry.
Next date of hearing is 18-Jan-2016.

Petition on Review DPC :-  

89 Promotee officers of Grp-A have filed a petition in Mumbai CAT against reversion by holding Review DPC and were able to obtain a stay.

Similar petitions were filed by officers from other cities in the zonal CATs.

Few officers of Mumbai have intervened to oppose and prayed to vacate the stay.

Mumbai CAT, on the basis of affidavit filed by the Department, and after considering the affidavit filed by the intervening officers, disposed off their prayer of vacation and continued operation of stay till next date i.e. 17-Dec-2015.

Meanwhile, the CBEC has instructed all the Cadre Controlling Zones to transfer all the similar petitions filed across CATS in all Zones to the Principal CAT, New Delhi. Accordingly, Mumbai Zone has also filed the Request Petition to transfer the case from Mumbai to New Delhi. It is learnt that around 13 zones (out of 16) have already filed similar request Petitions to transfer the case to Principal CAT, New Delhi.

Petition on Grp-A Recruitment Rules :- Promotee Officers of Grp-A, Mumbai & Pune, have filed a petition in Mumbai CAT, challenging the proposed new Grp-A Recruitment Rules(RRs), wherein no mention is made about 2118 temporary posts created in the Cadre Restructuring-2014, and prayed for a stay in its publication till the requisite amendments are carried out. The said petition is admitted and circulated and the next date of hearing is on 04-Dec-2015.

3^rd MACP :- The issue of 3^rd MACP as per the Chennai High Court’s order and grant of the same by Shillong & Jaipur Cadre Controlling Zone is represented by CESA-Mumbai with the Board as well as with the local administration.  Efforts are being made with the Dy. Pr. PAO, West Zone, to sort out the matter. Pr. PAO is expected in Mumbai next week and hope that uniformity in this regard will prevail.

Holding of DPC from Grp-B to Grp-A :-  Dossiers are being collected, however, due to the intervention of the “Parliamentary Committee on SC/ST”, a meeting of all the Secretaries in the Government is likely to be held in this week, so that a uniform decision on the issue of reservation in promotion can be taken.  

Pune posting/ repatriation :-  Officers, who were posted to Pune / Nashik / Aurangabad on promotion  will be completing one year (by Dec-2015) will be repatriated to their respective Zone, and in their place officers in the Pune roster will be sent. The order is likely to be issued by Friday, 04-Dec-2015.  

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