Friday, January 8, 2016

RR NEEDS RE-ALIGNMENT



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.
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.
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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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