Wednesday, March 31, 2010

Great News

. Supreme Court allows inter application and directed our board to settle the inequities in promotion of the Superintendent of Central Excise to the Assistant Commissioner Grade and report within July 20, 2010.

26 comments:

Jeevan said...

Good News! Atleast now the Supdts. will see the light of the day and become Assistant Commissioner. Keep it up. Long live our Association.

GOVARDHANA RAO H S said...

Good efforts Could you please place the order or at least give the reference of SC Judgment

murali said...

I request the association to implead themselves in the case of Samiran Roy Vs UOI consequent to which the DPC for promotion from Insp to Supdt has been stayed. It is unfortunate that the current DPC has been stayed to rectify a puported injustice. Is it justice that the people of the very same cadre approach the court and obtain a stay of promotion of their brethren. This kind of approach would only retard our progrss.As an association representing each and every memeber, it should be ensured that justice is ensured to all.

RAM said...

Dear Murali, it is unfortunate to note your comments. They have approachd Hon Court to get their rights and not to spoil the chances of their own brothern Inspectors. You will be aware that our Board has issued an order dated 15/17.7.2009 to rectify the mistakes in giving promotion to and adjusting of SC officers on their own merit. Do you aware of the fate of the letter in the cadre controlling offices? The Association should have mooted or urged the department to act fast and correct the mistakes and the step motherely treatment meted out by one section of its members - sc officers. but you are blaming the officers who sought remedy. It is the treatment givento your own colleagues - sc officers. Even god can not help these poor SC officers.

RAM said...

Board has directed to ascertain the list of such officers who were promoted on their own merit, within 3 months. But no action was taken even after a lapse of over 8 or 9 months, by the cadre controlling authorities or simply written as properly followed. Is is correct. I request you Murali to ascertain the position in your Commissionerate, where you are working, to your conscious. Not to hurt you my friend only to inform the actual position. With regards,

murali said...

Dear Ram,
I have put in 18 years and the DPC was supposed to be on 24 th where i had a chance to get promoted. You will appreciate my feelings when you are in my position.
My question is that whether getting a stay on conducting the DPC correct. I am of the firm opinion that the Officers who have been discriminated should get their rightful seniority and promotion, but by not resorting to legal tangles. Suppose, the court gives a ruling and some body else manages to gets a stay on the implementation of the same, no promotion will be there in near future.

RAM said...

Dont misunderstand my dear friend. THey have not obtained stay for denying your promotion. They are fighting for their cause. Will the Inspector's Association come forward to fight with the Cadre Controlling Authorities to implement the Board's direction? If any instruction is issued against the interest or denying the benefits for the SC ST officers, the authorities will run into que to implement at first. They will act even based on a municif court in a remote area. But if any ruling comes in favour of them even from Hon Supreme, Board or authorities will seek clarification or legal opinion etc. It is the plight of the SC ST officers of our Dept. Think of this. But as an individual, i do share your feelings.

vengat said...

Association is of total cadre. what some people legally fight is what they feel, they are entitled for, as per the existing statutory provisions. therefore, association should not take side in such matters. if, any one feel aggrieved they should implead themselves. i do agree that to the extent that steps are taken to avoid any stay is vacated, so that our senior comrades of more than 20 years and more promotions are not delayed, it is o.k. i hope and we should not allow the association to take any sides in the matter.
vengatraman.M.S.

karunai said...

comrades,

please keep in mind that all officers are stagnating including the SC officers. AICEIA is for all. This is a very crucial juncture where our demands with CBEC are being heard. Only Board is engaging counsel and not AICEIA. Our Inspectors belonging to SC category should get their what they are entitled statutorily. I agree with vengat.

曉豪 said...

happy to read~ thank you!..................................................

N. BALRAJ said...

Comrades,
AICEIA is the guardian of the interest of all Inspectors, whether SC/ST/OBC/Gen so on so forth. It will thrive to get the legitimate grievances of even the last member redressed at an early date.

gopal.J said...

I don't know why such a fight is going on. any one who think he is being subejected to duress is free to aproach judiciary. It is the survival of fittest. SC/ST 1st get a reservation in job, and even after denial by Honble Supereme court, get reservation in promotion. Even than they are not statisfied and demand additional promotion by seeking their own brother who have promoted on "MERRIT" to be treated a general. The word merit itself is disputed as SC and ST are under the belief that seniority is merit. best of luck to them. What the upper caste have done to them in past is being done by them now.

kps said...

Let's come to the main point.
1. Implementation of the cadre review as early as possible without administrative hitches.
2. If promotions are time bound, issues like SC/ST quota, promotional incentives to SC/ST etc. will all be side lined.
3. SC/ST (ofcourse Superintendents of Kolkata Zone)should make a statement before Kolkata High court that the SC/STs of other Zones should not suffer.
4. No direct recruit SC of 1992 batch has got promotion in Ludhiana Commissionerate.
5. AICEIA should also get in touch with the plea raised by Supdt.s Asssociation befor ADG HRM as published in their web site www.cengokerala.com
6. The Associations should meet Hon'ble FM as budget as well as Financial Year is over.
7. AICEIA is requested to inform the cadre further regarding the Supreme Court case titled 'GREAT NEWS'
8. In all this, we should not forget
a. Pay scale re-fixation from 01.10.1996 (or preferably from 01.01.1986)
b. Grade pay of 5400 to ACP recepient Inspectors
c. Counting of service in the combined grade of Inspectors and Superintendents for promotion as Assistant Commissioner.
d. Technically, if I am correct, the minimum service for promotion from Supdt. to Assistant Commissioner is merely 3 years. In other sense, an Inspector can become Assistant Commissioner in 11 (eleven) years.

As a pre-cadre review, all Inspectors senior to the junior most Superintendent any where in India should be promoted as Superintendents to end stagatation and regional disparity.

The Central Govt. has got vast and virtually unlimited executive powers and can do this without much deliberations. For this, any Constitutional expert can make such recommendations.

Indian economy is recovering. India has the distinction of having a highly respectable and world renowned (By his own calibre and not due to political affiliations) Prime Minister.

It will not be wrong to seek his intervention at this stage by making an appeal as due to administrative delay in the implementation of Cadre restructuring, hundreds of our Inspector and Superintendent colleagues will be retiring with a grudge for a second promotion.

I APPEAL TO ALL THE INSPECTORS WHETHER SC/ST OR DIRECT RECRUIT/PROMOTEE TO FORGET THEIR GREVIENCES AGAINST EACH OTHER AND STAND UNITEDLY FOR A COLLECTIVE BARGAIN.

WITH REGARDS TO ALL.

KPS

Gurwinder Singh said...

Well said KP!Inspector cadre as a whole is a persecuted and neglected lot one irrespective of SCs or STs.So we should not get lost in unnecessary controversy and instead make united efforts to achieve our ends.
Regards
Gurwinder

RAM said...

my concern is association should not involve in the litigation. it should see the welfare of all members and not by eliminating SC/ST member's welfare. Had the Association fought with or atleast issued a letter to implement the Board's circular dated 15/17.7.2009, i would have salute to the GS and President. But? it moves or instigating the Board to act against the interest of its own members. What to say? it is the pitiable position of SC/ST members of AICEIA. Even god can not help these poor SC ST officers.

Hanwant said...

Every one agreived from the oreder of Hob'ble Calcutta High Court Stay must sent representation to CBEC for removal/modification of the order so that promotions orders may be issued wherever DPCs has already been conducted in the month of March,2010 but executive orders were not issued or delayed inordinately, or likely to be held in near future. A few persons cannot stall promotions all over India. Dear comrades wake up and make representation from all seniority zones to ciduct DPCs , issue promotion orders and ger the Calcutta High Court order modified up to that extent so that promotion orders may issued in other seniority zones/

RAM said...

Dear Hanwant, a few person means? Do you mean to say majority always rules at the cost of minorities, in number? Do understand they have not stalled the promotions of my friends and colleagues. They sought for redressal of their grievance only? the poor and under previlaged could seek remedy only from the Hon. Courts as the administration never render justice to their own staff

RAM said...

Dear Hanwant, a few person means? Do you mean to say majority always rules at the cost of minorities, in number? Do understand they have not stalled the promotions of my friends and colleagues. They sought for redressal of their grievance only? the poor and under previlaged could seek remedy only from the Hon. Courts as the administration never render justice to their own staff

kps said...

Yes. You are right.

From the blog entries, it is evident that our Board has engaged the services of Additional Solicitor General.

The petitioners in that case pending in Kolkata High Court are already Superintendents.

Although the courts move slowly, but let,s hope that the stay will be got vacated to conduct DPC s as scheduled.

kps said...

Again said. Mr. Hanwant is right.

Hanwant said...

Brotherm There is no question of Minority or Majority involved in the issue. The legitimate rights must be awarded to each and every person who is suitable for that. The question involved in the present case is Petitioners already got promoted to the Superintendent in the year 2005-06 itself. They are claiming seniority from 2002-03 in Superintendent. If there claim is legitimate this should be decided. It is only question of fixation of seniority inter-se in the cadre of superintendent. for that no where it is justified to stall promotions of their brothers who have already waited for a long 16-20 years. Seniority inter-se in the cadre of superintendent can be fixed in due course without stopping the promotions in the cadre of superintendent. Because the new becoming superintnedent are not becoming hurdle in their seniority. They would join the cadre of superintendent at the bottom. Hope you could understand the facts genuinly for the cadre of Inspectors. Thanking you. discussions always welcomed.

Hanwant said...

For fixation of inter-se seniority in the cadre of Superintendent, the promotions of inspectors to superintendent are stalled? Is it tue? What do you think? That too all over the India? not only in West Bengal Seniority Zone? Why should brother officers suffers all over India?

RAM said...

Dear Hanwant and KPS you first understand the crux of the issue. The question was who to tie the bellto the cat. The Calcutta people tied it. Do you mean say that the issue is not existing in UP, Maharastra Punjab, MP Karnataka AP Tamilnadu or Kerala? As admitted by our Board, the issue is existing in all the commissionerates. It is like one hand cutting another hand in a body to engage - of course except govt others can not engage - the services of Solicitor General.Board and the Hon. Supreme Court and High Courts and CAT also instructed or ruled to exclude the officers belonging to reserved (SC/OBC/ST) category be eliminated and included as General Category. The crux of the issue is whether the cadre controlling authoreities have implemented the said orders and refixed the Seniority list? Without knowing the full fact pl dont make ulterior comments on the persons who are fighting for their rights. They are not swallowing other's right or chances. Only General officers are swallowing the chances of officers of reserved category -sc/obc/st officers. you both insist the Association to fight with the Board to act fast to instruct the Cadre controlling authorities to implement its orders or instructions in its letter and spirit. Can you?
Do you aware of the fact that the SC/ST officers in Tamilnadu are going on fasting on 12.04.2010 to insist their cadre controlling authority to implement the board's order dated 15/17.7.2009.

kps said...

AICEIA

Go ahead with the Cadre restructuting. Other issues will be settled in due course.

Also be quick to disseminate information. Update proposals from the side of our Board to comments of the cadre.

murali said...

Satyam eva jayate. Ultimately truth alone will prevail

Hanwant said...

I had also stated that "The legitimate rights must be awarded to each and every person who is suitable for that" but this should be done at fast as leaps and bounds. Create a pressure group to stepidite the issue for earliest results. Please disseminate all the informations and facts available correctly truely and promptly to all brother officers.