Friday, June 18, 2010

Kolkata High Court case on promotion .... update

Posted by Secretary General on 2:11 PM with 35 comments
Chief Commissioner Kokata, along with Commissioner Kolkata-I Commissionerate and his team of officers is all set to appear for the case in question, it appears that the case may come up for hearing on 21st instant, affidavit submitted to KOlkata High Court, affirmation already submitted by Commissioner Kolkata-I, we are of the view that there could be a modification in the injunction order and court may allow promotion till the final outcome of the case.

35 comments:

surya said...

Dear office bearers,
The following is the posting on the icestea website.
"The stay in the zone where the rota quota is followed and no injustice is done to SC ST officers. Therfore the General category officers shouldn't suffer, as there is no violation of any body's fundamental rights, but by staying DPC now, the FRs of the General candidates have been violated.Accordingly a letter was sent to Chairman CBEC to restore narmalcy in the zone".

whether any such letter was sent by the office bearers of our association to the Chairman in this regard.

The view of the office bearer has no relevance at all in the outcome of the court case.
What positive steps have the office bearers of the Association taken till date to get the injunction order modified or to get the stay vacated at least in zones where the rotaquota system is being followed.
The steps taken by the office bearers may please be posted on the site.

Suresh M.S. said...

Looks like at last the most desperate and demoralising wait is nearing its end. Will the Kolkata HC be gracious enough to beam a silver lining to the otherwise darkest-cloud ridden (read - "stagnated to the core") cadre of Central Excise, who feel blessed if they earn their first promotion after 18-19 years, whereas their batchmates in Income Tax or CBI for that matter would be sweating for Group A Promotion!!! What a Cruel Joke!!!

KONERU said...

Dear all,
My site is down for want of payment from 19th Morning.
I was in delhi from 12-17th and ICESTEA submitted a letter earlier and again a letter was submitted in person to Chairman with a copy to FM on 14th June.
The matter was very well discussed by few CCs, to whom we have posted the facts (specially from Maharashtra). It is learned that the internal message is already passed to get ready for the DPC.
Hpoefully the ball is rolling.

wish U all the best.

Koneru Prabhakara Rao

欣幸 said...

It is never too late to learn. .................................................................

Suresh M.S. said...

It will be very much in the spirit of camaraderie, if someone stationed in Kolkata keeps a watchful eye on the outcome of the hearing on 21st June and posts it on the Website. We can not expect everything to be singlehandedly done by the GS. Afterall he is also human and has the obvious limitations to his abilities.
....

Robinhood said...

DPC must be held as scheduled. The entire cadre is already under stress. It will be useless to continue in an organization where there is no scope for improvement. There is no dearth of talent in our department. If we do not get enough opportunity in our department, we should quit the department. Most of people like me are waiting for completion of at least 20 years of service to get pension benefits.
Whether DPC is held or not? Whether Cadre review happen or not? If situation like this is further prolonged, only the incompetent, in efficient, ill educated, or duffers would like to continue in the department in the hope of getting something better (Henchmen of the clergy IRS class excluded).

pvd said...

It is fact that our cadre is most crushed cadre in terms of pay and promotion. we are getting the promotion after the service of almost 16-20 yrs, whereas the class-I officers are getting 3-4 promotion in the same length of service. I ma fully agreed with the above comment of robinhood

Sanjit Modak said...

Any devlopment in today's hearing? Pl. post if there is any feedback.

V said...

Please update.

murali said...

Is it true that the hearing has been postponed to 28th? Please confirm

rnair said...

The office bearers are so engrossed in fighting for the cadre that they do not find time even to post one or two sentence regarding the latest position of the case whereas the entire cadre is anxiously waiting for the update!

Suresh M.S. said...

The zonal secretaries can telephonically contact Sri Koushik Roy and find out the update on the hearing. It is really true that the entire cadre is waiting anxiously to know the outcome of the hearing. Let's hope that we shall hear something positive and at the earliest.....

pvd said...

It is very surprising that no one is having any clue regarding update on the case, specialy the member from local must give update on the case and posted on the site in the interest of entire cadre.

KS said...

Where are the office bearers? Where are the most forward comrades(of Kolkatta). Even if the blog can't be updated after 4 days, what is the use of maintaining it?

Robinhood said...

A failed student never tells his result.

韋富 said...

天下父母心-時時孝順你的父母~~.................................................................

murali said...

The motivation of the members and unity among them can only be sustained where there is transparency and dissemination of information. Those who don the mantle of leadership must understand that information is power and weld it with due care.

jaipurites said...

No information is being provided. If any one have the case no. & type of petition than it can be searched on high court site without looking to federation.

jaipurites said...

Look at CENGOkerala site which shows that superintendent association is continuously persuing the matter by giving reminders, seeking for personal hearing but at our side, we sit after representing in a hope that Board will do the rest.Income tax association is planning for strike for their internal demand and we can not pursue the demands having wider implications. It appears that if we get something( hope) than the same would be by virtue of others viz. Income Tax or Superintendent Association. Some of the small internal problem viz. control room, uniform allowance, three days strikes are pending since long and reply is always there that federation is pursuing bigger issue than those. Don't you think, if we can not solve these smaller issue than how can we claim for bigger one. Only by taking credit of others efforts or pressure. Frustating moments for cadre, waiting for first promotion after 20 years, not getting notional benefits, no NFGC after 4 years, increasing work load which will increase after introduction of GST. A person who is appointed in 1993 getting grade pay of 5400/- in different region whereas on the other side a person who is appointed in 1990 is getting 4800/-. If you can not promote any one than following natural justice his pay should be revised in a manner so that he should get more from his juniors ( All india). In some regions, inspectors are not only enjoying promotions but benefit of pay also and on the other side frustation is coming.

Kolkatazone said...

Thank you Robinhood---- A failed student never tells his result.


Exactly that . The concerned people is misrepresenting alway, even in a High Court Case .

Court cases date was not fixed on 21.06.2010 at all .No seperat appeal filed for vacation of Injunction .
Actualy they knows how the SC/ST people have been deprived .

Out of 16 Zone ,11 Zone maintainting the Norms . Only 5 Zones are not maintaining Norms . Are they beyond the Constitution .

In 2002-03 , Total 442 Inspectors Got Promotioin Kolkata Zone where only 20(Twenty) Inspector got promotion as Reserve Qouta .

Suresh M.S. said...

The case no. is W.P.C.T. No. 261/2008 filed by Shri Samiran Roy and others Vs. UOI & ors. before the Kolkata High Court. But it is very difficult to sift through the plethora of cases figuring in the Kolkata HC website..... Anyway, by way of proverbial straw to a drowning person, we may search HC website again..... Good Luck.

Kolkatazone said...

Thank you Robinhood---- A failed student never tells his result.


Exactly that . The concerned people is misrepresenting always, even in a High Court Case .

Court case date was not fixed on 21.06.2010 at all .No seperat appeal filed for vacation of Injunction .
Actualy they knows how the SC/ST people have been deprived .

Out of 16 Zone ,11 Zone maintainting the Norms . Only 5 Zones are not maintaining Norms . Are they beyond the Constitution?

In 2002-03 , Total 442 Inspectors Got Promotioin in Kolkata Zone where only 20(Twenty) Inspectors got promotion as Reserve Qouta .

Kolkatazone said...

Correction-- Last para should be as
" In 2002-03 , Total 442 Inspectors Got Promotioin in Kolkata Zone where only 20(Twenty) Inspectors got promotion as SC Reserve Qouta .

pvd said...

In all above posts, it is not become anything clear about the progress of the case. It has been said that hearing was not fixed on 21.06.2010 and also not filed seperate application for injuction of stay then what exactly the status of the case. What the next date of hearing? what is the submission from the govt. side made? If any one has clue thereof may please be posted on the site.

subhu1234 said...

Dear all,

It is painful that the judiciary is making fun of our just causes. They had earlier without any basic understanding struck down the compassionate appointment scheme leaving the poor demised Inspector's family in shambles. The unfortunate family members are waiting for over a decade for the compassionate appointment. Next the judiciary is now trying to block even the rightful hard earned promotion one General Category Inspector gets after putting in nearly 20 years of service. We have nobody to defend but look at my case filed in CAT, Chennai (OA 167/2009) seeking 5400 grade pay for ACP Inspectors. All the respondents (incl. Board) had filed their counter holding that I am not eligible for grade pay 5400 as applicant (myself) is not a Superintendent. So when it comes to destroying or not giving the benefit for the cadre the Board comes in front while for legitimate issues like this one (promotion) it takes a soft view. Meanwhile coming to the above case, I have filed an WP 13225/2010 with the High Court of Madras against the CAT Order. But the High Court instead of admitting the case straightaway are sending notice to the respondents seeking their view before admitting the case. With my own resources I have fought the case upto the High Court stage. If the High Court also passes adverse order, I request the federation to take up the matter to the Supreme Court as we are often bucking out (like in CAT Jabalpur) without fighting for our cause to the last and this is a genuine case to be fought for our cadre particularly the senior Inspectors who are deprived of even the rightful pay benefits.

V said...

Rs.5400/- case is the case we should fought at any cost. Association should provide all the required resources to Shri.Subhu and ensure that the case is won at the High court level itself. Hope the Association would do the needful. Also members may be mobilised for agitation against the Board's inaction on stagnation without wasting any time as we know that going on representing with Board is futile from our past experiences.

murali said...

dear subbu,
please post the CAT, Chennai order in (OA 167/2009) rejecting 5400 grade pay for ACP for Inspectors anr your appeeal in WP 13225/2010 in the High Court of Madras against the said CAT Order in this website. We are with you and we will put pressure on the case to implead themselves at least in this case. Nobody is aware of this issue in this Commissionerate.

Bharat said...

Dear Subhu1234 please put copies of decision of CAT, Chennai (OA 167/2009) and appeal papers in WP 13225/2010 with the High Court of Madras on this blog. That will help others brothers to open their eyes and to join u for the betterment of the cadre. LOG JUDTE GAYE CARVAN BANTA GAYA.

Rajiv said...

It is clear that association is not taking any efforts to get the stay order vacated at least for the Commissionerates who are not violating the quota system, which is entirely justified. we should take individual efforts for the same.

hari said...

Can we not see the Association and its office bearers utter disregard for the general feeling of the disgruntled Inspector’s cadre -- When these people are not knowing the update on the Kolkatta High Court case, and not bothered to inform the members of the same as and when some development takes place, what action do you expect them to take to vacate the stay and do justice to those senior Inspectors who have put in more than 18 years and yet to see a promotion in their service. Like politicians they try to cheat the members with false information and take credit for some benefits which would have come even without these people. They are there only to serve their own personal ends. If you hope that they will do something in the interest of the cadre and especially in this Kolkatta High Court case, you should be a fool.

V said...

It is not too late to leave it unturned. Association may seek the opinions from legal professionals and act accordingly. Waiting to submit the affidavits, counter affidavits, further affidavits and so on by the Petitioners and respondents(cbec who have no interest in vacating the stay as they are not affected by it)is foolish. Just by vacating the stay the prospects of the reserved community will not be affected in any way. Also by delaying the promotion of eligible Inspectors in both reserved and general category the reserved community will not benefit in any way. The verdict of the Hon'ble court in the case, once pronounced, could be retrospectively implemented. Association may act without wasting any time.

balu said...

Dear Hari,

With due respects I would like to tell you that you are living in a fools' paradise..

If you are thinking that all the benefits that you are getting and you might get in the future would come through without the Association, dare yourself not to speak about this Association.. It is high time these Lions and tigers who are commenting on the web come out in the open/forefront and lead the challenge.

I can hear excuses being uttered.. Do not blame the association for all the ills that are affecting the cadre.. If the respective commissionerates are taking time to compile and the send the report even the board cannot do anything on that.. You may see on the CBEC's website the letters which are addressed to the cadre controlling commissioners on the issue, which had never happened in the past...

Now the news is that the board has filed the reply, whereas the appellants in the case have taken time to file a rejoinder.. In a democratic country everyone has his right and so as the Courts..

Howsoever desparate and affected you might be, please do not blame the association only as it does not have a magic wand in its hand to settle them overnight..

Cheers and regards,
Balu

satheeshkumar said...

In a democratic country whether Inspectors, who stagnate without a single promotion for 18 to 23 years, have any right? Please clarify.

jitender said...

caticwhen the norms of reservation are not being followed in only 5 zones then is it justified on the part of board to issue such letter(23.3.2010) to every jone resteraning them not to conduct DPC for the grade of superintendent. The DPC could be conducted in other zones subject to verification of reservation norm being followed there on adhoc basis with no claim for seniority and subject to outcome of Kolkata High Court judgement. Issuance of such letter by board is infringment on the fundamental and legal right of the Inspectors to get promotions in time when the

Shiv said...

Dear Shubbu,

Please post the judgement order copy in pdf format of your W.P. 13225/2010 IN THE case of Rs 5400/- Grade Pay. I believe the judgement has come in November 2010.