Wednesday, May 26, 2010

Posted by Secretary General on 5/26/2010 05:56:00 PM with 37 comments

Dear friends,

Hope all of you are in good health, Association struggling its level best for the betterment of the cadre; recently we have paid two consecutive visits in Delhi, we are trying our level best so that the injunction is lifted, it should be clear to our members that Association has no intention to favour any section of our members, everyone is equally close to us, we want justice should prevail ; in fact the case is part hard . as of now I am enclosing a recent letter of Board; kindly try to give proper reply from every corner of the country forthwith....

My dear friends we are not getting any time these days to update our blog; keep on sending your views, we are getting your updates regularly, have a nice day....




37 comments:

surya said...

let the law takes its own course. if any injustice has been done, it should be rectified. But we will not be satisfied without taking action to lift the stay. File an appeal to quash the stay order. The promotion to superintendent is round the corner and it should not be delayed beyond the stipulated date, even by a single day just to satisfy the selfishness of a minor section of the association. MOVE THE COURT IMMEDIATELY HIGHLIGHTING THE GROSS INJUSTICE THAT WILL BE METED OUT TO THE GENERAL CANDIDATES, WHO ARE STAGNATING FOR DECADES, IF THE STAY IS NOT LIFTED. IF THE PROMOTION IS DELAYED ITWILL BE A BLACK MARK ON THE OFFICE BEARERS OF THE ASSOCIATION WHICH CAN NEVER BE ERASED

rajaguru said...

If reservation is required for promotion in the cadre of Group B, C and D officers, why not in respect of Group A officers? Why not in respect of the post of President, Prime Minister and various other top positions? Why not in the Union Council of Ministers? Why not in defence? Let us implement it across the entire Nation including private sector?

kps said...

ALL IS NOT SO SIMPLE. THESE OMs ARE NOT APPLICABLE TO ONLY CBEC EMPLOYEES.

ANY CHANGE IN THE EXISTING LAW WILL OPEN A PANDORA BOX. CALLING DATA FROM OTHER CCA IS NO SOLUTION. THE STAY SHOULD BE VACATED.

IT WILL BE OUT OF COMPETENCE OF HON'BLE KOLKATA HIGH COURT TO OVER LOOK DIRECTIVES OF HON'BLE SUPREME COURT.

LET THE ISSUE BE PERMANENTLY SETTLED AT A PROPER FORUM.

KOLKATA HIGH COURT SHOULD VACATE STAY AND MAKE A REFERENCE TO A LARGER BENCH (FIVE OR MORE JUDGES)OF HON'BLE SUPREME COURT FOR A PROPER DECISION.

HD said...

Why not to stage demonstration before the Board officials on daily basis to immediately get the RRs amended to ensure time bound promotion to the grade of Supdt and Assistant Commissioner after rendering specified period of service. This will erase the scar of reservation and also address the stagnation issue. I shall be highly obliged to ascertain the view point of the association in this regards.

manoj said...

why there is no reservation in promotions of Group A services...? are they beyond constitution?

Shiwalik said...

MAHIMA RAM KI
It is RAM who runs computer.
It is RAM who saved Pakistan in 71’war because Radio Pakistan always said “Mr RAM says so.......”. Mr Jagjiwan Ram was defence minister that time and Radio Pakistan never spoken about Mrs Indira Gandhi, the then Prime Minister.
It is RAM who gave India the facility of STD-ISD, i.e., Mr Sukhram.
Bolo jai RAM ki, jai-jai RAM ki.
When IRSs are demanding courses at IIMs, we are fighting like gatecrashers (pl see irsonline.com).
Every person has right to fight for implementation of rules & regulations and their interpretation subsequently.
None should criticise the policy of reservation in promotion for Gr. B, C and D employees because it was enacted by Govt. of India.
All of us should try to implement this policy for Gr. A employees also

surya said...

The association office bearer's declaration that 'we are trying our level best so that the injunction is lifted' appears contradictory to their earlier contention that they cannot involve with the case and has only requested the Board to settle the issue early'. It appears that the office bearers are trying to fool the members. If at all any efforts have been taken in this regard the association office bearers should inform the members the details of the steps taken to vacate the stay, by publishing the same on the web.

manoj said...

its true shiwalik
every one from each quarter should work for getting reservations in group A services..
where is Mr. Ram..

Nitai said...

The said letter dtd. 26.5.2010 is again contradictory . According to the said letter, One List to be furnished on the Basis of DOP&T's OM dated 02.07.97 but "With Effect From which date" is not clear.Mr. Kousik is requested to take necessary measures for that.

To be continued
From Kolkata

RAM said...

Harey Ram Sri Ramajeyam Ram Mandir If we construct Ram Mandir, there will be no poor in India. Let It be Shiwalik. Come to the burning Issue.

Issue is whether reservation is avialable in the case of promotion.

Whether proper roster is maintained by all the cadre controlling authorities.

In one cadre controlling zone, to a reply to RTI, administration replied as no PBR or VBR is being maintained. to the DG Inspection, reporting as not maintained. Why double standard?

In any decison of the Board or Ministry, which is against the interest of SC ST is being implemented over night. Where as orders which are genunie and by which SC ST will be benefitted are brushed aside just like that. Why

Board's direction was issued on 17.7.2009 to reconsider the issue and to conduct review DPC if required? What happened in all over India? whether the CCAs are not under the control ofthe Board? No CCA took earnest efforts to review the seniority list? Onlr Ram should come for the rescue of ramans.

Let the Association give a letter in quarter sized paper to the Board asking to initate action againat the CCAs who have not implemented its letter dated 17.7.2009 regarding matter of seniority. Will it?

Then i will bow my head to touch the feet of the all central office bearers!.

Will you shiwalik insist the central office bearers?

Harey Ram! Ramajeyam!

HD said...

Frankly the Association office bearer are befouling the members on the concrete steps taken to address the stagnation issue. Monkey dance ought to be performed in the concerned offices of the authorities in the Board to make them work. Otherwise all are insensitive to our demand and no one is inclined to listen.The black officers are worse than the legendary white english. Come on make definite action plan. Writing on blogs will not serve purpose.

murali said...

Dear Koushik,
Happy to hear from you. I suppose the wise remain silent when fools shout. Anyway the Board's letter clearly indicates that nothing to going to change and the wheels of bureaucracy only go back wards. Ther is no doubt that vacating the stay is the only answer.

paulsint said...

Hello,
I do not agree for the association move to request the Department to expedite the procedures. If we, the member of the Association do not feel the pinch expecting others to dispose the issue in the interest of public will take its own course by consuming its own time.
Instead, we can post the best possible approach to find a speedy solution like the following:
We can ask the Dept to keep certain no of vacancies for the possible solution and fill up the balance after vacating the stay;
or the stay may be vacated after giving due assurance to implement the Govt order within a specified time frame.
If the DPC is not conducted within the stipulated time, the Dept. will face a tough time to discharge the day to day activities, because the no of retirements in the Supt and AC cadre are expected to be more and more in the forthcoming months. We may bring up this point also to vacate the stay immediately.

Kolkatazone said...

Regarding Stay vacation/withdrawn of Injunction

Mr. Hawnt.. Whether Saty on promotion to Superintendent vacated ? Could anbody updated.
Mr. Bharat.. What is current status on injunction/stay order ? whether Deptt./CBEC is serious about vacation of the said order?Outart what concrete steps have been taken till date which show their intention ?

Murli.. please let us know about the outcome of the case of WPCT 261/2008Samiran Roy & others at Calcutta High Court. It seems that aiceia is sleeping.

Mr. Bharat – It appears association is not disseminating latest information or our association is not aware of the latest position of the case.

Mr. Surya… Inspector with even lesser years of Service has been promoted as Superintendents. The Superintendents have without any sense of ethics/justice or fair play have went to court and obtained an order staying all further promotion of the Inspectors.

From the above statement, it is clear that they are not aware about the interim order and having no idea about the case of Samiran Roy & others.

What are my knowledge It is being described as follows :-
(i) No body of the petitioner of the said case went to Court to appeal with stay petition or for Injunction;

(ii)Department started to short out and mitigate the matter about 6 years ago while some “Ghosh,Bose,Guha ,Mitra etc.(who enjoied and enjoying the matter as capital) went to court for injunction . As such , suddenly, a DOP&T’s OM have come out where the date of effect for promotion is vital.

(iii) There after this case has been filed

(iv) The Hon’ble High Court directed to submit clear data/list for all category starting w.e.f 10.2.1995 with in three weeks. Promotion to be held up for that period.

(v) It will be clear from some para has been reproduced below from the interim Order of High Court :-

”In view of the above, we direct the respondent Union of India to file an exhaustive Supplementary Affidavit disclosing the names of the respective promotees from the respective different quotas, reserved and unreserved and detailing the sub-quota of different category of sub-caste, Scheduled Tribe, Scheduled Caste and O.B.C etc. as well as detailing the number of vacancies in terms of the reserved formula as was available for promotion to those candidates so that a clear picture appears before this Court about the issue involved.
Let such affidavit be filed by three weeks from date and the rejoinder, if any, be filed by one week thereafter”
………………………………………………………………………………………………
........................................................................................................................................................

“ Considering the situation , this Court is of the view that from this date there should not be any order of promotion in the concerned promotional post of Superintendent and to further promotional post of Assistant Commissioner in the concerned hierarchy, without leave of the Court.
Such interim order is passed to avoid further complication of the issue during the pendency of the litigation ”.


(vi) Hon’ble High Court directed to submit the list within three weeks. But it is taken about three months to issue/circulate a letter dtd. 26.5.2010 as above asking Data/List . Even the date of effect has not been mentioned from which date the list to be prepared which again implies the delaying activity. Where actually present position /dispute of the case is from which date Roster/list to be implemented for promotion.

(vii) It is hearsay that Departmental Counsel clearly opined that the Department has no, in this case, strong valid point against SC/ST.

(viii) The Association revolved 180˚ as they have nothing to do but with the act of delay as the matter is now capital to them.

Thank you.

Kolkatazone said...

Dear Paulsint,
Case is about final stage. Only the work is required to submit the Roster/List for which Hon'ble High Court specified three weeks.
One para reproduced of the interim order--
" The matter will appear in the list four weeks hence as fixed for final disposal".

surya said...

Dear paulsint,
your view is very correct, practical and reflect your ability to comprehend issues and find pratical solutions. unfortunately our office bearers do not possess such qualities. They prefer to be a dumb observer of the tamasha going on.

rajaguru said...

Grant of stay is not the solution. It punishes both the Applicant and the respondent. When the Government is bound to implement the final verdict of the court with appropriate remedial measures, where is the need for Grant of stay to result in injustice for hundreds of the cadre? Why the Association failed to effectively convince the Court in this regard?

RAM said...

Dear Friends

I feel the Association has no role to play in this case. It was not filed against any individuals. It was filed against the Board/Monistry/ GOI to implement its own instructions issued to its various filed formations say CCAs. As the CCAs have not followed the instructions - which act was agansit the interest of the SC ST officers - the affected officers went on to file a writ.

This being the isse, where the role of the Association came? If any role is played by the Association, it will be aganist the interest of its own members.

We should judicuously approach the facts of the case rather than on a selfish thought. There is no question of losing anything. Every one should get their reasonable share but not at the cost of others.

Dont blame Association always. They are having lot of work rather than giving updates to its own members. They are also having range work, Divisional office Hqrs work. Why to go to Delhi or Kolkotta and know about or why to share with the members unnecessarily.

They are also typical Association persons and half politiciations.

EmmieCollett said...
This comment has been removed by a blog administrator.
P.Vigneshwar Raju said...

Dear Comrades Kaushik Roy other Office bearers

As it is no updates are given for many days and the blog is idle for so many days except some of the friends making comments. Please introduce a "Chat Box' in the blog so that we can share our views. We can also clear doubts of each other and make the blog alive. Since it is a free service and office bearers are not presurised on the issues as each other can chat face to face.

balu said...

Dear all,

One feels awestruck by the Comments that are being posted on the Blog.
As a well wisher of the Association i would request the members and the Office Bearers of the Association (the Blog manager) to consider the following points.

(i) As one of the members have pointed out in a comment, one should remember that some Senior level Officers might be keeping an eye on the Blog and the comments posted thereon. so one has to be mindful of the language that is used here.
(ii) the Blog manager should certainly moderate the comments, like the one above which is a spam seen on most of the blogs.
(iii) Those who are arguing about the reservation and its ill effects should remember that it is the same for all cadres across all Departments in the Government of India. As rightly said by some members, the people who are making false accusations and allegations should verify the data once again. I am of the strong belief that the number of Officers belonging to the reserved category will in no way exceed the maximum prescribed for the particular cadre.
(iv) Last but not the least. Why is that the association is not requesting the High Court to at least allow ad-hoc promotions, till such time the stay is vacated. Those who are on the verge of retirement will lose their pensionary benefits if the promotion is not effected in time. Similarly the creation of chain vacancy is affected adversely.

I wish that proper attention will be paid to the above points in the interest of the well being of the cadre and all members associated with that.

RAM said...

Wednesday, June 2, 2010

'SCs/STs for open seats be treated as general'

'SCs/STs for open seats be treated as general'

Scheduled Caste and Scheduled Tribe candidates qualifying against open seats for promotion cannot be adjusted against the vacancies earmarked for SC/ST quota, the Central Administrative Tribunal (CAT) has held while giving relief to a Delhi Police woman constable.

"The official memorandum dated July 2, 1997 has to be applied for reservation to SC/ST category candidates who achieve merit of general category have to be deemed as general category candidates and this quota would not be counted towards reservation.

"If it is so, because of non-following of the aforesaid (memorandum) the fundamental right of the applicant to be considered as a SC category candidate fairly and equitably for promotion has been applied. The action of the respondents cannot be countenanced," the Tribunal bench, comprising Members Shanker Raju and S P Singh, said.

The CAT passed the order on a petition of a woman constable Krishna Kumari seeking direction to the Delhi Government to consider her candidature for promotion to the post of Head Constable.

She submitted that she was eligible for consideration as she held eighth position against 15 vacancies earmarked for the category.

Accepting the plea of Kumari, the Tribunal said the government wrongly applied the instructions laid down in the official memorandum.

"In our considered view, the government has misapplied the instructions to fill up the quota of SC/ST from the candidates belonging to that respective category even if they have achieved the merit on a par with general category candidates," the Tribunal said.

Earlier, the government contended that the vacancies meant for SC/ST have been utilised by those despite merit obtained by them at par with the general category.

While rejecting its contention, the Tribunal said, "The case of Kumari for promotion in promotion list A against SC quota on the basis of the selection of the year 1999 shall be considered and in the event she is otherwise qualified, consideration for promotion shall be accorded to her from the date juniors have been promoted."

PTI

The above is the judgement of CAT, New Delhi. I request my friends to be wise and judicious, as we are claiming that we are are also exercising the work of judiciary to some extent.

So be judicious to the demands (of course not new demand, but requesting justice) of your own colleagues.

manimohan said...

pl see the comment under the renewal of recognition.
R.Manimohan

murali said...

I am E.T.Muralidharan. I am a 1992 batch Insp of the Coimbatore Comm'te. The point I wanted to stress was whether the current stay on the promotions which apply only to promotions to the grade of supdt and insp (only)would be a dampener as regards the cadre restructuring process. As far I am concerned, this stay was the proverbial slip between the cup and the lip, since the DPC was scheduled on 24th March. It is very hard to appreciate the whole scene when you feel the pinch.

V said...

We can't blame the recent stay by the Hon'ble High court, Kolkata for the stagnation suffered by members for 18 to 20 years. It is the general attitude of the Board towards Inspector cadre is the main reason for the stagnation. We should have demanded time bound promotion instead of waiting for regular DPC after 18 or 20 years of service. When ACs can be DCs even with a four years service there is no reason for the Board to wait us for 18 years and more for a first promotion. Boards attitude of neglect towards our cadre is still manifested by its reluctant to file even counter affidavit against the petition before the Hon'ble High court, Kolkatta. Instead of blaming the stay we should turn against the Board for its indifferent attitude towards our demands whether it is for promotion, implementation of Orissa CAT order, Rs.5400/- Scale for ACP Inspectors... and so on. None of the similar caders in other Ministries have faced similar neglect from their governing bodies.

RAMAMOORTHY said...

Hi

Heard that CBEC is shelving the proposed cadre review of Inspectors and Supdts and going ahead with Gr-A cadre review.

Can anybody from Delhi confirm whether this is true or not ?

We have a long fight ahead..

regards

ramamoorthy

RAM said...

An IRS officer joined during 1992 is now a senior most ADC drawing pay of over 80000.

An Inspector joined during same 1992 is of course working as a senior Inspector drawing pay of 35000.

IRS officer got his 3 promotions and getting pay difference of over 45000.

How to get redressed?

An IRS officer joined during 1996 or 1997 is working as Additional Commissner and getting pay of over 67000 and Inspector joined in th esame year getting pay of around 30000 and is promotion to next cadre is nightmare.

Why this fact is not known to the Board, or corse manned by IRS officers only, and the Association office bearers?

who will redress the grievance?

Why such apathy and step motherly treatment?

Of course there is no use of Central Excise Inspectors or Supdt to the politicions when comparing us with a constable in CBI or IB ED

Bharat said...

CBEC is only for IRS only and also HRD is also caring for only IRS. Is Central Excise , Customs & Service Tax means only IRS (C&CE)? Who is accountable? Is Finance Minister or Prime Minister will answer to the public of Indian Federal Union? or they have no time for these backbones of the Deptt. ?

manoj said...

Dont Fool Your self by accusing others.. we only are responsilbe for all these humiliations.. it is really unmacthed in the history of governance that a cadre who are doing almost every work of the department is subjected to such a degrading working conditions.. we only are responsible for this.. please dont blame others,

健豪 said...

但行好事,莫問前程. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

monkey said...

My Dear SG,
I want to know what's happening to all our demands like 1. Notional Fixation of Pay from 01.01.1986, 2. Promotion to our cadres, 3. restructuring of the department.
Its been a very very long time that we have waited patiently and nothing fruitful has happenend till date. I do not know whether the Govt. is serious in resolving our genuine issues. Kindly update our blog on the latest developments on all the above matters.
Also kindly keep us posted on the follow up of association on the above matter and any help required in this regard from we comrades to speed up the work.

RAM said...

Dear and respected MOnkey,

Our SG is having lot of other works in attending the Range/ Audit or the work where he is posted as this being FIRST week.

He will come by third or last week of the month.

Till then wait patiently with the peanuts (increse DA etc and getting uniform allowance)

manimohan said...

The comment of RAM only shows that people have the tendency to look at others in one's own image.

-R.Manimohan,
Former SG.

rajaguru said...

Blame game cannot take us anywhere. We should not fight among ourselves. The common enemies are undoubtedly the direct recruit IRS officers and Customs Examiners/Appraisers. The former category takes away every benefit intended for the whole Department. The latter category snatches the legitimate benefit of the Central Excise community with their clever and cunning alliance with direct recruit IRS officers. Unfortunately, CBEC is headed by IRS officers. We can expect justice, if only the posts of Chairman and Member (P&V)are held by IAS officers. If the atrocities of IRS officers continue, IAS officers will certainly take over their kingdom.
The Associations of Inspectors and Superintendents should immediately develop suitable strategies for achieving the following goals:
(1)Time bound and reasonable promotion as in the case of Income Tax where Inspectors become Commissioners. (2)Revision of pay from 1.1.1986 as per the order of CAT, Cuttack. (3)Pay parity with other similar cadres. (4)Restoration of benefits snatched away by the Customs Examiners/ Appraisers. (5) Abolition of Uniform which is forced on us illegally for protocol purpose without any specific guidelines or written instructions. (6)Refusal to wear Uniform, to do protocol work and to write false log book for the comfort of Class I officers.(7) Refusal to do works, which are not assigned to the Cadre.
All the above tasks are to be achieved with a clear mindset through proper strategies. Secretary General has to lead the cadres in the struggle for freedom from the dictatorship of IRS and tricks of Customs Examiners/Appraisers.
Will the SG come forward to offer his detailed comments/views on this proposal?

surya said...

dear rajaguru
i fully agree with you. hope our comrades will also unite wholeheartedly to achieve our objectives

欣怡 said...

沒有目標而生活,恰如沒有羅盤而航行 ............................................................

manoj said...

rajguru's suggestions deserves an urgent action and implentation in totality. the association must chalk out time bound actions to achieve these goals.