परिंदों को नहीं दी जाती तालीम उड़ानों की;
वो खुद ही तय करते हैं मंजिल आसमानों की;
रखते हैं जो हौसला आसमानों को छूने का;
उनको नहीं होती परवाह गिर जाने की।
We have
witnessed that our Supreme Court was also opened at mid-night to deliver
justice. But in our day-to-day working in the CBEC, discriminations against the
junior officers is so blatant that it needs to be seen to be believed !!
For ex.
holding of DPC for filling of 2118 posts of Asstt. Commissioners, holding of
DPC for promotion from Grp-B to Grp-A iro regular vacancies, injustice in granting
MACP, vigilance cases, discriminations right from the amount of space occupied,
facilities, quantum & manner of funds utilized, to the number of years
after which promotions are granted, appointment on compassionate grounds etc.
But
when it is a question of rights / privileges of the Grp-A, not only are their
charge-sheets dropped but they are also granted promotion before their
retirement, even if it is only for one day !! The way the NFSG is being given, the manner in
which their salaries have been increased during the Cadre Restructuring, the
number of HAG+ posts created without any requirement, all at the cost of
sub-ordinate officers. Now as a bonus, they will get a huge jump in salaries as
proposed by the 7th CPC, while the sub-ordinate officers have to be
satisfied with peanuts…
When
the promotions of Grp-A officers got stuck because of the stay granted on the
publication of Grp-A RRs, by Mumbai-CAT, all the senior officers have not only
united but also geared up to justify their stand and also to somehow get the
RRs notified.
When any
legal matter pertaining to Grp-A promotions crop up, they are able to prepare
the replies, file the necessary affidavits, within a week’s time, but in the
case of others, they take months to do the same. As if everything is on premium or reserved for
them, whether it is increasing the number of posts during cadre restructuring,
career progression, foreign training, 1% increment scheme, creation of Commissionerate,
abolition of Directorates, tenure & period of posting in Grp-A cities,
immunity from prosecution, etc.
In Mumbai-CAT, they have
brought a letter from UPSC dt. 23-Sep-2015, wherein it is stated that :-
“… Neither
the Cadre Review Committee had recommended nor the Cabinet had approved the
inclusion of the temporary posts into the Indian Revenue Service.”
Also, in the same letter it is
mentioned that :-
“it
is seen that the Department has already granted adhoc promotions to the Junior
Time Scale of the Indian Revenue Service (Customs & Central Excise) in
Oct-2014 without bringing about an amendment in the Service Rules”
What does it mean ?
The
Board should have brought about an amendment in the Service Rules for 2118
temporary posts. The doubts about the Review Committee recommendations and the subsequent
Cabinet approval is nothing but an afterthought of not including the temporary
posts in the IRS cadre. The officer promoted from Grp-B to Grp-A are designated
and posted as Asstt. Commissioners and are/have carried out all the duties of
an Asstt. Commissioner and have also drawn the JTS pay-scale.
As
per the Cabinet Note dated 18-Dec-2013, in Para 6, it is stated that pending notification
of the revised Recruitment Rules, wherever required, the newly
created/re-designated posts will be filled up on the basis of the extant
Guidelines for Recruitment Rules, issued by the Department of Personnel &
Training. From the above, it is evident that the interim order is not in any
way restraining the authority to pursue with implementation of
promotion/recruitment at any level.
The creation of temporary posts as Asstt. Commissioners, IRS do not have a place in the proposed RRs. The post cannot exist in any organisation without any mention/place in any RR. Board has gone one step ahead and pleaded before Mumbai-CAT, to exclude these posts from the RR and remaining grades as mentioned in the RRs may be allowed to be notified (piece-meal notification of RRs), which the Mumbai-CAT did not accept and allowed the stay to continue.
Some are claiming that further promotions cannot be granted unless the adhoc posts are regularised. This claim is far from truth as our 2118 posts are temporary and not governed by any instructions for regularisation, either from the DoPT or UPSC.
Hence, CESA, Mumbai, appeals to one and all not to fall into the trap of those who are misleading without knowing the facts and without making any efforts for further promotions or representing to the Board to give justice to the stagnated cadre except creating confusion. DPC for the temporary posts can be held if the Board desires, but the same is not being held as it has no bearing on their career or affecting them in any way.
Some are claiming that further promotions cannot be granted unless the adhoc posts are regularised. This claim is far from truth as our 2118 posts are temporary and not governed by any instructions for regularisation, either from the DoPT or UPSC.
Hence, CESA, Mumbai, appeals to one and all not to fall into the trap of those who are misleading without knowing the facts and without making any efforts for further promotions or representing to the Board to give justice to the stagnated cadre except creating confusion. DPC for the temporary posts can be held if the Board desires, but the same is not being held as it has no bearing on their career or affecting them in any way.
Parity
cannot be achieved by any CAT order or through any judicial pronouncements. We
have to make our Cadre eligible for promotion in the proper grade before our
own Board i.e. within CBEC. We should concentrate our energies in the right
directions without wasting our time and money on frivolous issues.
A glass
of water during the time of need is better than juice or tetrapak beverage when
it is not needed/appreciated. Dreaming about something is good, but reality
should not be overlooked.
**********
Bunching
of all the OAs on holding of Review DPC & susequent reversion, from the respective jurisdictional CAT forums & transferring
it to Principal CAT, New Delhi, was scheduled for hearing today. The Chairman of the Principal CAT was not
available, hence the issue was listed again for hearing on the 05-Feb-2016.
**********
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