FEAR OF FAILURE IS FOR FOOLS...

The gist of the CAT Judgement is as under :-

The Principal CAT, New Delhi, disposed off the petitions transferred from other Tribunals and have passed a Common Order dated 03.06.2016, wherein it has allowed the OAs and have directed the Respondents to effect promotions in accordance with the law as enunciated by the Hon’ble Apex Court in M. Nagaraj case and as explained in Suresh Chand Gautam and vacated the Interim Stay granted.

While issuing the above order, the Principal Bench has also categorically mentioned that the State has to follow the principals laid down in the Apex Court decision in M. Nagaraj case and has to collect quantifiable data showing backwardness of the class and inadequacy of representation of that class if reservations have to be implemented in promotion.

The Principal Bench has also made the DOPT OM No. 36012/17/88-Estt(SCT) dated 25.04.1989, which provided for reservations in posts by promotion to all grades or services in operation and directed the respondents not to give effect of the same, till they conduct the pre-mandated exercise.

But after the pronouncement of the above said judgment there is nothing to drag the Board officials to hold DPC for the remaining posts to be filled. Several posts are lying vacant but the Board is adopting a cold approach. Nothing is being done to initiate / conduct the DPCs. The Board has informed that the matter is under examination in co-ordination with DOPT in several replies under CPGRAMS.

Those who failed to turn the table in their favour, they are taken as zeros not heroes. Fortune favours those who strive constantly – now there is no road-block for holding the DPCs for promotion from Grp-B to Grp-A. But unfortunately the DPCs are not being held, whether it is for temporary posts or for the permanent posts.

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Salient changes to the Transfer & Posting Policy

1.    Rotation on completion of 5 years (in one cadre) in one zone. Normally the rotation will be from Central Excise Zone-I / II to Service Tax Zone and vice versa.

2.    The tenure of LTU & LTU-Audit will be for two years.

3.    A cap of 56 years for posting to LTU / LTU-Audit / M&P etc.

4.    The tenure in any formation of Central Excise (except Preventive Section) will be for one year.

5.    The tenure in any formation of Service Tax (except Preventive Section, which will be normally for two years & with the prior approval of CC, upto 3 years) will be for one year.

6.    In LTU & LTU-Audit, rotation will be carried out on an annual basis.

7.    The tenure of posting in CC Office will not be included in the Zonal tenure.

 

All orders are likely to be issued shortly.

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56 J – the quarterly Internal Screening Committee was held on 20-June-2016 and no officers from any cadre has been considered. One of the officers, who was earlier considered under Rule 56 J, has obtained a stay from Mumbai-CAT, and allowed to continue in service.

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An awareness meeting was held today at Wagle Estate office, which was arranged by IRS Promotee Assocn., about the discrimination, arbitrariness in the formulation of Grp-A RR and other cadre related issues. Shri S K Patil, Organising Secretary explained in details the issues involved through a power-point presentation.

A road map for the future course of action was chalked out and the same will be intimated in due course. More such type of meetings will be held at different locations in Mumbai.

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The case filed by the Data-entry operators in Mumbai-CAT (Waghmare Vs. Others) which was scheduled for hearing on 24-June-2016, has been postponed to 05-July-2016 as the double bench was not available.

Hope the matter will be heard at the earliest and finality will be reached, so that the promotions from Inspector to Supdt. (which have been held up due to this CAT case) will take place at the earliest.

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